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Home My WebLink AboutTB-08/25/2009ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net MINUTES August 25, 2009 4:30 PM A Regular Meeting of the Southold Town Board was held Meeting Hall, 53095 Main Road, Southold, NY. Supervisor PM with the Pledge of Allegiance to the Flag. t4:30 % Call to Order 4:30 PM Meeting called to order on August 2~2C )9 at Southold, NY. ~tt~nd~ Name William Ruland Vincent Orlando Aibert Krupski Jrl Town Thomas H. Wickham Town Louisa P. Evans Scott Russell Martin D. I. Reports Hall, 53095 Route 25, of Southold Justice Supervisor Town Clerk Title Status Arrived CO~cllman Present Co~iim~ Present Present Present Present Present Present Town Attorney Present 2069 Town Clerk R~grt 2009 1st Quart~? 3. Town Clerk Report 2009 1st Half 4. Justice William H. Price, Jr. July 2009 August 25, 2009 Page 2 Southold Town Board Meeting Minutes 5. Justice Louise P. Evans July 2009 6. Justice Rudolph H. Bruer July 2009 7. Engineer July 2009 II. Public Notices 1. NYS DEC Notice of Complete Application CJC1 Corporation, 74495 Main Rd, Greenport - Freshwater Wetlands, construct an 80' x 112' industrial storage/garage with parking, drainage and sanitary system. 2. Notice of Liquor License Renewal Rinconcito Hispano Restaurant, Unit 7, Steriington Commons, Greenport Doniella's Restaurant dPo/a DoLittles, 10094 Main Rd., Mattituck G & E Seafood Barge Inc. d/b/a Seafood Barge, 62980 Main Rd., Southold 3. Notice of Application to Army Corps of Engineers Michael Kenna, construct a fixed catwalk with an aluminum ramp onto a floating dock. Corey Creek, Southold III. Communications IV. Discussion 1. 9:00 Am - Jim Bunchuck 2 year permit proposal 2. 9:30 Am - Jamie Richter and Peter Harris Lake Mobile Project 3. 9:45 Am - Jamie Richter and John Sep MS4 filing - Notice of Intent 4. 10:00 Am - Jeff Standish and Supervisor Russell Deer Management 5. 10:15 Am - Heather Lanza Augast 25, 2009 Page 3 Southold Town Board Meeting Minutes 10. 11. 12. 13. Comp Plan Update Team, Comp Plan Update funding, Transportation Funding 11:00 Am- Neb Brashich North Fork Trail Signage Match No Parking Request Cox Neck Road, Mattituck Replacement for Ruth Oliva on ZBA Replacement as ZBA liaison on LWRP Wind Energy Code Amendment Flood Damage Legislation Amendments to Wireless Code Update on LWRP Policy 6.3, Amendments to Minor Exempt Action List Dredging Windows Executive Session Contract Negotiations - PBA Pledge to the Flag Opening Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join in the pledge to the flag. At this point in the meeting, I would like to invite anybody that would like to come up and address any issue as it appears on the agenda. Thomas Foster, Peconic TOM FOSTER: Good afternoon, my name is Tom Foster, I live at 180 Sound Avenue in Peconic. I am addressing resolution 710. In the paper, it was in USA Today and well as Newsday a couple weeks ago, the following statement was made. 'Erosion has been a problem in Southold for decades. Ever since Goldsmiths Inlet, now a county park in Peconic, was stabilized with two rock jetties breaking up the natural flow of sand, which at that point goes from west to east. It was built the year I was bom. It has been a problem since 1964 says Supervisor Scott Russell.' There are a couple of things about this that explain some great mysteries in the Town of Southold to me. One is, from 1640 to 1964 no erosion, no problem. But there has been a problem since 1964 because of Goldsmith Inlet, that is the claim that is made here, of the jetty. It is always a mystery to me how that conclusion was reached and as I remember in my Sunday school classes, on the third day when god separated the waters from the August 25, 2009 Page 4 Southold Town Board Meeting Minutes earth, it was a good thing. But evidently in 1964, the day Scott Russell was created, separating the waters from the earth became a bad thing. I have read all the reports, I hope you have read all the reports also. And there is as much evidence in those reports that the erosion in Southold has been caused by the Goldsmiths Inlet jetty as there is evidence that it has been caused by the birth of Scott Russell. Which happened at the same time. There is exactly the same amount of evidence. So I urge you to go back and read those reports and consider whether it is appropriate to even have a resolution moving towards removing the jetty when it doesn't cause erosion, there is no evidence it causes erosion, at least beyond the very minimal shadow of the jetty and is just unrelated to the concerns we have about Arshamomaque pond and other places were there really are serious erosion considerations. Thank you. COUNCILMAN KRUPSKI: We did try to do SEQRA on Scott Russell's life but it was just impossible. SUPERVISOR RUSSELL: Let me just say for the record, I think your arguments are immature and argumentative. What I suggested was, well they are, what I suggested at the time and I told Peter this last week was my comments on the Goldsmiths jetty were specific to Goldsmiths jetty not on the larger issue of erosion. Which I think was mistakenly man-ied in an article in the Newsday, that discussed the issue of the erosion study on Arshamomaque with Goldsmiths. It was a separate discussion that I had but I don't think that it is inappropriate to suggest that that jetty has been a problem since the day it was built. Just like the Mattituck Inlet jetty has been a problem since the day it was built, just like every jetty that has been built has been a problem to some extent or another since the day it was built. That, I don't, I am going to stand by that. I am sorry if you disagree with that but I think they all tend to be a problem one way or the other. MR. FOSTER: Right. But what I think is based on reading the scientific and engineering reports. That is the basis of my thoughts and if you can point to anything in any of those reports that has to do with erosion in Arshamomaque pond related to .... SUPERVISOR RUSSELL: I didn't equate Arshamomaque Pond to Goldsmiths jetty. A reporter did. I did not. I clarified that for Peter. I am sorry if the reporter brought that issue back into the discussion. I don't know why he did, other than that study was proposed to go from Goldsmiths out to Arshamomaque. But I did not and I am not going to apologize for something I did not do. that is the reality. You can base your information on scientific reading, I am basing my information on exactly what I said and when I said it and in what context. MR. FOSTER: Okay. But I understand that there is a $5,000,000 study that has been proposed for erosion in the whole Town of Southold. Is that true? SUPERVISOR RUSSELL: Not the whole town but a substantial portion of the coastline, absolutely. MR. FOSTER: Okay. And that includes all the area from Duck Pond all the way out to Orient Point? August 25, 2009 Page 5 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: I believe, not all the way to Orient. COUNCILMAN KRUPSKI: No, I think, I don't know if it is Duck Pond... SUPERVISOR RUSSELL: I thought it was going from Goldsmiths to a little bit east of Arshamomaque. MR. FOSTER: So it seems to me, among other things, it would be appropriate to wait until that study was completed before we did something rash and changed something that is, unfortunately, irreplaceable. SUPERVISOR RUSSELL: I told the reporter that day that Goldsmiths was a separate issue, it had its own SEQRA, we went through an entirely different process for Goldsmiths. I clarified all that. I am sorry he didn't take the time... MR. FOSTER: Inaudible. SUPERVISOR RUSSELL: I am sorry he didn't take...but the issue of Arshamomaque, in other words, you can't have it both ways. You can't argue that Goldsmiths shouldn't have been married to the Arshamomaque study but at the same time say, wait a second, the Arshamomaque study isn't done so don't do anything at Goldsmiths. We can't have it both ways. Goldsmiths has been culled out and it has a separate process. I don't put Goldsmiths and Arshamomaque together just because a guy mentioned it in an article, with the same .... MR. FOSTER: If you read the scoping document, which I have, it specifically does not address Kenney's beach erosion. It specifically does not address the artificial groins on Kenney's beach. It doesn't even mention Bittner's folly. SUPERVISOR RUSSELL: Okay, we talked about all of that. MR. FOSTER: Yeah. So, clearly what we are talking about at Goldsmiths with relation to erosion isn't a new study at all. But I think we do need a study to see if maybe you are right, maybe your instinct that the whole north coast is .... SUPERVISOR RUSSELL: It is not my instinct, I never suggested the whole north coast. It is not my instinct. I never married the two. I never suggested Goldsmiths in the context of the Arshamomaque study. Period. MR. FOSTER: Right. SUPERVISOR RUSSELL: I never linked the two. MR. FOSTER: I am not trying to have it both ways, I am trying to say that if there is going to be a study that goes from Goldsmiths inlet anywhere, whether east or west, why not wait until the results of that study are in before we do something such as shortening the jetty, which can never August 25, 2009 Page 6 Southold Town Board Meeting Minutes be lengthened. Once it is shortened, that is it. It is never going to go back, we know that. So why do it precipitously when there is a study that has been proposed and is on the way, that will tell us definitively whether there is a relationship between the inlet, the jetty and erosion in other places on the north coast. SUPERVISOR RUSSELL: I wouldn't see the need to marry the two but .... MR. FOSTER: There is nothing in the scoping session that indicates there is going to be an erosion study that is part of the DEIS. COUNCILMAN WICKHAM: That is a useful comment. SUPERVISOR RUSSELL: Thank you. Peter Terranova, Peconic PETER TERRANOVA: Peter Terranova, Peconic. Is that blood pressure machine outside accurate? Because if it, I am ready to have a coronary. First, I think we all should be very grateful that the weather pattern on the east coast this weekend kept hurricane Bill a safe distance from Long Island. This could very well have been a very serious event for all of us. And the, tonight's resolution 710 does address issues such as threats from storms and so on and so forth. I am also pleased to see that some action appears to have been taken to address the erosion at Arshamomaque, which does threaten our access roads and many shorefront homes in that area. We at Peconic Sound shores faced a similar situation in the early 60's and were fortunate to receive assistance from the county and state with the help of then Supervisor Lester Albertson. However, I and many others were quite surprised to see the Newsday article which Tom alluded to. Now we all know that it is not true, that there is any relationship and that any implication or insinuation of such is an insult and disservice to the intelligence of the residents and homes and property are threatened in that area. I believe all town officials should acknowledge the inaccuracy of the Newsday article. Now I want to thank the Town Board for tabling this resolution at the last Town Board meeting to allow interested parties to review the final dratt scope. And to allow Town Board members to more thoughtfully review the validity of its content as compared to the factual testimony that was presented during the public scoping session. I certainly hope that the delay in this vote was not gratuitous and that the Town Board members devoted some thoughtful time to the issue. During these past two weeks, I have tried to put myself in the position of the project sponsor, the Town, and rewrite not only the document that you folks are voting on tonight but also to go back and look at the original application and to rewrite it as if I was asking for $1,000,000 and needed the approval from a corporate board of directors and by the way, I used to do that for a living. To do so, I would need to articulate a clear objective, sound reasoning, identify real and potential risks, provide realistic cost projections and expected payoffs and have this all supported with known verifiable facts. I could not do this with this project proposal. The relevant, historic and documented facts do not support the poorly defined objective of this project proposal. And that is why the authors of this report, this final draf~ scope, have not been able to clear up the inconsistencies, errors of fact, omissions of significant consequence in their report. This, despite significant help from the public in providing factual information and honest critique of inaccurate data and assumptions. You see, whenever you try to make something what it is not, you run into trouble, you get so caught up in August 25, 2009 Page 7 Southold Town Board Meeting Minutes the plan you cherry pick the information, you massage the data and ultimately you trip up on your own shoelaces. It is like trying to build a house on a rotten foundation. Now if the proposal is to shorten the jetty, you need to articulate this beyond question why this needs to be done. Over the years, we have heard many try to articulate this with reasons such as improve literal drift, reduce dredging of the inlet, reverse the natural erosion on beaches to the east, repair the end of the jetty. None of these attempts at articulation have succeeded because the facts do not support the argument. Now if someone steps forward and says we want to shorten the jetty because we want a more natural looking shoreline, well that you can easily articulate because the jetty in fact did alter the shoreline. Now you might not be able to justify the economic cost for that reason but that is another matter. If this final DEIS scope had been submitted to the Town by a private entity, the Town Board would reject it as inadequate 10 times over. But that is a loophole in the state SEQRA law that allows a local governmental agency to sit in review of its own project. I can't change that. I ask that you do the right thing. Dig down deep inside and find the courage to vote no on this resolution to adopt this final draft and stop this insanity. A lot of money has been spent over the years on this issue but you know, it is like a bad stock, you need to cut your losses and move on. Should this resolution pass as I expect it will, I will have more to say in the post meeting open forum. But then again, I like to be surprised, so surprise me and every decent tax paying citizens of Southold Town and vote no. one more thing, I respectfully request, Supervisor Russell, that you recuse yourself from voting on this resolution. Let me explain. As lead agency in the SEQRA process, the Town sits in review of its own proposal, as I said. As chief executive of the Town, you are then chief executive of the lead agency, obligated to take an unbiased, okay, review of the facts. Now, last meeting when I asked that the resolution be tabled, I did so because I believed that no one on the Town Board could have read the final draft scope. You see, the report is so inaccurate and inadequate based on the testimony that was given in the two public scoping sessions, that no reasonably intelligent person could approve it and I believe all of us here are reasonably intelligent people. However, when the resolution was tabled, Supervisor, 5'ou stated that you agreed with what was in the report. That tells me that there is some bias here and we should avoid any bias in this decision making process. Anyway, if the proposal is so good, one less vote shouldn't matter. Thank you very much. SUPERVISOR RUSSELL: Would anybody else like to comment on any of the items as they on the agenda? (No response) Hearing none, let me just say quickly before we go on, these two young ladies from Mattituak, very nice young ladies, Meghan and Olivia who gave me the privilege of doing me the impression of me the other day. I believe they are young children, probably in grade school, and in unison they looked at me and said All in favor. So I want to acknowledge them tonight, if they watch this show I think their mom needs to pony up and get better cable channels for them but I guess they watch this show and I want to say hi to both of them and the impression was very much appreciated. V. Resolutions 2009-708 CA TE GORY: Audit DEPARTMENT: Town Clerk August 25, 2009 Page 8 Southold Town Board Meeting Minutes Approve Audit 8/25/09 RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated August 25, 2009. Vote Record - Reso ufion RES-2009-708 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter F~ [] [] [] [] Defeated 121 Tabled Vincent Orlando Voter l~ [] [] [] [] Withdrawn Albert Krupsk! Jr. Voter [] [] [] [] Thomas H. Wickham Seconder [] [] [] [] [] Supe~isor's Appt [] Tax Receiver's Appt Louisa P. Evans thitiator~ [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-709 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting 9/8/09 7.'30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, September 8, 2009 at the Southold Town Hall, Southold, New York at 7:30 P. M.. Vote Record - ResOlUtion RES-2009-709 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated [] Tabled Vincent Orlando Voter [] [] [2 [] Aiber~ Kra Ski jr Vot~ ~ ~ r~ F1 [] Withdrawn P ' Thomas H. Wickham Seconder [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded Seoil Russell Voter [] [] ID [] 2009-710 Tabled 8/11/2009 7:30 PM CA TE GOR Y: Seqra DEPARTMENT: Town Attorney Adopt Final Scope/Goldsmith Inlet 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 August 25, 2009 Page 9 Southold Town Board Meeting Minutes 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: 1 To reduce the need for dredging at Goldsmith's Inlet as a result of the jetty. 2 To mitigate any potential adverse impacts from the reduction in jetty size to downdrift properties; and WHEREAS, the Board acknowledges the recommendations of the studies analyzed in the Assessment; and WHEREAS, the action is not expected to cause significant adverse impacts since it advances the goals of the Town; however, the action is of local significance, and does involve changes to natural resources; 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, lastly that the action will affect property, resources and the shaping of the shoreline's future; 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, on July 15, 2008 the Town Board declared its intent to assume lead agency status under SEQRA, declared its intent to classify the proposed action as an Unlisted Action under SEQRA, and declared its intent to prepare a DEIS; and WHEREAS, on October 21, 2008, the Town Board declared itself the Lead Agency for the purpose of SEQRA review of the proposed action, classified the proposed action as an Unlisted Action pursuant to 6 NYCRR Part 617, and issued a positive declaration requiring a DEIS upon August 25, 2009 Page 10 Southold Town Board Meeting Minutes the completion of the coordination period; and WHEREAS, the Town has prepared and submitted a Draft Scope for the proposed action for review by the Town Board, involved and interested agencies and the public; and WHEREAS, the Town has held two duly noticed public hearings on the Draft Scope on December 2, 2008 and on March 10, 2009 at which members of the public and involved and interested agencies were given the opportunity to comment on the Draft Scope; and WHEREAS, the Town Board has carefully considered all relevant comments regarding the Draft Scope, has made certain revisions to the Draft Scope based upon public comments, and has submitted the revised Draft Scope for acceptance as the Final Scope. NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Southold, acting as Lead Agency in accordance with 6 NYCRR Section 617.8 determines that the proposed Final Scope properly identifies the potential for significant adverse impacts on the environment and hereby adopts the same and directs that a DEIS on the proposed action be prepared. Vote Record - Re-~olutlon RES-2009-710 IZ Adopted Yes/Aye No/Nay ~bs!ain Absent [] Adopted as Amended William RUland Initiator [] [] [] [] Defeated Vincent Orlando Voter [] [] : [] [] [] Tabled [] Withdrawn Albert Kmpski Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Seconder [] [] rn [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [~ [] [] [] o Comments regarding resolution # 710 COUNCILMAN WICKHAM: Second. And I just want to correct the last paragraph on the first page. Whereas the Town held two duly noticed public hearings on the draft scope, December 2, 2008 and on March 10, 2009. COUNCILMAN KRUPSKI: This is a long term problem, we are in the middle of a really comprehensive, thoughtful solution to this and last year I suggested that we end the SEQRA process in the middle and that we not go forward with it, I was afraid of the financial concerns of taking part of the jetty apart and if the Town in fact could afford that sort of action at this time and then I was convinced by my colleagues that since we were already engaged in the SEQRA process that we should in fact finish the SEQRA process which is a review, coordinated review August 25, 2009 Page I 1 Southold Town Board Meeting Minutes process and then we could make a decision at the end of it, once all of the information had been collected. SEQRA has been a public process, we have had two public hearings and because we are in the middle of that and because I was convinced of that last year, I will vote yes. JusTICE EVANS~ I agree with Al's comments and vote yes: 2009-711 CATEGOR~ DEPARTMENT: Contracts, Lease&Agreements Recreation Hire Fall 2009 Recreation Program Instructors RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the fall 2009 Recreation Programs, all in accordance with the approval of the Town Attorney. Funding for the instructors listed below has been budgeted for in the Recreation Department's 2009 instructor line A7020.4.500.420. Antoinette Beck-Witt (drawing class) ........................................... $30/hour Sara Bloom (memoir writing) ....................................................... $30/hour Thomas Boucher (guitar) ............................................................. $30/hour Bernard Cannac (intro to French) ................................................ $30/hour Constance Case (quilting) ................................................. $30/hour Elizabeth Casey (art ofimprov) .......................................... $30/hour Eugenia Cherouski (folk dancing) ............................................... $30/hour James Crosser (Youth Basketball Program) ......................... $20/hour Paula Croteau (baking classes) ........................................... $30/hour Mary Dempsey (English as a second language) ..........................$30/hour Kirk Dombrowski (non-contact karate) .................................. $30/hour Lenora Dome (belly dancing) .................................................... $30/hour Martha Eagle (Aerobics/Pilates/Yoga/Power Stretching) ............. $30/hour Linda Eckert (sewing) ................................................................ $30/hour Donna Egidi (ceramics) ............................................................. $30/hour East End Insurance Services (Defensive Driving) ..................... $30/person Kathy Gadomski (Youth Night Program) .............................. $30/hour Tom Gadomski (Youth Night Program) .............................. $30/hour Bill Gatz (Youth Basketball Program) .................................$30/hour Dan Gebbia (dog obedience) ..................................................... $70/dog Denise Gillies (Tai Chi) ..................................................... $30/hour Christine Henson Thorp (Crochet Class) .............................. $30/hour Gail Horton (rug hooking) ................................................ $30/hour Rosemary Martilotta (yoga classes) ...................................... $55/class August 25, 2009 Page 12 Southold Town Board Meeting Minutes Judy McCleery (Digital Photography) ................................. $30/hour Tom McGunnigle (basic golf) ..........................................$50/person Cynthia Mignone (Youth Night Program) ........................... $30/hour Sue Mulholland (bridge lessons) ................................................ $30/hour Connie Rosnack (Youth Night Program) ............................. $30/hour Candice Schott (Youth Night Program) ............................... $30/hour Megan Schutt (Youth Night Program) ................................ $30/hour Laurie Short (aerobics classes) ................................................... $30/hour Steve Smith (Weight Training) ..................................................... $30/hour Gail Starkie (acrylic painting) ....................................................... $30/hour Jocelyn Suglia (Youth Basketball Program) ....................... Angela Tondo (Mommy & Me) ................................................... Barbara Terranova (tennis lessons) ............................................. Maria Tmpia (gifts & baskets) ..................................................... Touch Dancing Studios (ballroom dancing) ........................... Kendra Wadlington (beginner computer) ................................... $30/hour $30/hour $30/hour $30/hour $65/person $30/hour Vote Record- Resolution RES-2009-7t 1 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended [] Defeated William Ruland V0!er V~ [] [] [] [] Tabled Vincent Orlando ln!tiator [] [] [] [] [] Withdrawn Albert Kmpski Jr. Seconder [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter ~ [] [] [] [] Rescinded Sco~ Russell Voter [~ [] [] [] 2009-712 C,'ITEGORY: DEPARTMENT: Budget Modification Planning Board Modify the 2009 Planning Department Budget Fiscal Impact: To cover the cost of a seasonal employee working on storm water baseline data collection which will help the Town begin to comply with MS4 storm water requirements. We expect to be reimbursed by a current storm water grant; however, reimbursement will likely not come until early 2010. The small amount of overtime was the result of a miscommunication and only happened once before it was corrected. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 Planning Department budget as follows: From: B 1990 4 100.100 Unallocated Contingencies $5298.00 T._.qo: B.8020.1.300.100 Seasonal Employees: $5280.00 Regular Earnings August 25, 2009 Page 13 Southold Town Board Meeting Minutes To: B.8020.1.300.200 Seasonal Employees: $18.00 Overtime Earnings Vote Record - Resolution RES-2009-712 [] Adopted yes/Ay~ No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando ~econder [] [] [] [] [] Tabled Albert Krupski Jr. Initiator [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisors Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-713 CATEGOR~ DEPARTMENT: Budget Modification Public Works Appropriate Grant from Lions Club of Mattituck Fiscal Impact: This is a donation from the Mattituck Lions Club for the restoration of Strawberry Fields after the use of the field for the Strawberry Festival. WHEREAS the Lions Club of Mattituck has made a donation of $2000.00 to the Town of Southold for the restoration of Strawberry Fields, and WHEREAS the Town Board has determined that it is in the best interest of the Town to appropriate the aforementioned donation for restoration of said Strawberry Fields, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby increases the 2009 General Fund Whole Town Budget as follows: Revenues: A.2705.40 Gifts & Donations, Other $2000.00 Appropriations: A. 1620.4.400.200 Buildings & Grounds, C.E. Property Maintenance & Repairs $2000.00 August 25, 2009 Page 14 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2009-713 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter V~ [] [] [] [] Defeated [] Tabled Vincent Orlando Voter [] [] [] Withdrawn Albert Krupski Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Seconder [] [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] Statement COUNCILMAN ORLANDO: Thank you, Mattituck Lions Club for that donation. COUNCILMAN KRUPSKI: Very generous. 2009-714 CATEGORY: DEPARTMENT: Budget Modification Justice Court 2009 Budget Mod - Justice Court Fiscal Impact: Please consider the following budget modification to the 2009 General Fund Whole Town budget to cover the over-expended appropriation lines. RESOLVED that that Town Board of the Town of Southold hereby modifies the 2009 Whole Town~ General Fund budget as follows: To: A.1110.1.300.100 A.1110.4.600.600 From: A. 1110.4.100.100 Seasonal Employees Regular Earnings Miscellaneous Dues & Subscriptions Total $339.64 $360.00 $699.64 Office Supplies & Materials Office Supplies & Stationary $699.64 vote Record - Resolution RES-2009-714 [] Adopted ' Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Seconder [] Defeated [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Albert IQupski Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt Lo~is~ P. Evans Initi~t~ I~ [] [2] [2] [] Rescinded Scott Russell Voter [] [] [] [] August 25, 2009 Page 15 Southold Town Board Meeting Minutes 2009-715 C/I TEGOR Y: DEP~'IRTMENT: Bid Acceptance Town Clerk Accept the Bid of Pirates Cove Marine, Fishers lsland, in the Amount of $2,558.40 for Repair and Placement of Channel Markers to be Placed in Both West Harbor and Hay Harbor, Fishers Island RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Pirates Cove Marine, Fishers Island, New York, in the amount of $2,558.40 for repair and placement of channel markers to be placed in both West Harbor and Hay Harbor, Fishers Island, New York, as well as retrieve, repair and replace, or return missing markers and instructional floats that are lost during the season, at a rate of $70.00 per marker plus the cost of necessary, materials, buoys to be prepared and placed at the beginning of the season, and removed and stored by October 15, 2009; foregoing all in accordance with the bid proposal and Town Attorney. Vote Record- Resolution RES-2009-715 [] Adopted yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Initiator [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [2] [] Tabled Albert ~pski J~: Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] El [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott R~Seli Voter [] [] [] El 2009-716 C~ITEGORY: Budget Modification DEPARTMENT: Highway Department 2009 Budget Modification - Highway Fiscal Impact: The reason for this transfer was due to the fact that a new line item was necessitated for payment of rubbish removal charges which were not related to cleanup week debris. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 Highway Fund Part Town budget as follows: To~: DB.5140.4.400.150 Brush & Weeds/Miscellaneous Contractual Expense Contracted Services Rubbish Disposal TOTAL: $ 3,500.00 $ 3,500.00 August 25, 2009 Page 16 Southold Town Board Meeting Minutes From: DB.5110.4.100.100 General Repairs Contractual Expense Supplies & Materials Miscellaneous Supplies $ 3,500.00 TOTAL: $ 3,500.00 Vote Record - Resolution RES-2009-716 ~ Adopted ~s/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter g5 [] U1 [] [] Defeated Vincent Orlando Initiator [] [] [] [] [] Tabled Albert Kmpski Jr. Seconder [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-717 CA TEGOR Y: DEPARTMENT: Attend Seminar Town Clerk NYS Archives Records Management Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Records Management Assistant Staee¥ Norklun to attend a New York State Archives seminar on Managing Historical Photographs in Hauppauge, on August 26~ 2009. Travel expenses to be a legal charge to the 2009 Town Clerk budget. Vote Record - Resolution RES~2009-717 [] Adopted yes/AYe No/Nay Abstain Absent [] Adopted as Amended William Ruiand Voter [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [3 [] [] Tabled Albert Krupski Jr~ Initiator [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisors Appt [] Tax Receiver's Appt Louisa P. Evans voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-718 CA TEGOR Y: DEPARTMENT: Letter of Credit Town Attorney Accepts the Renewal of the Letter of Credit No. 170000360 by the Bridgehampton National Bank in the Amount of $26, 075. OO for the Pending Subdivision Application of "Mill Creek Preserve, LLC" RESOLVED that the Town Board of the Town of Southold hereby accepts the renewal of the August 25, 2009 Page 17 Southold Town Board Meeting Minutes Letter of Credit No. 170000360 by the Bridgehampton National Bank in the amount of $26,075.00 with an expiration date of August 17, 2010 for the pending subdivision application of "Mill Creek Preserve, LLC" recommended by the Southold Town Planning Board, all in accordance with the approval of thc Town Attorney. Vote ReCOrd, Re~Oiufl0n RES.2009~7i8 I~ Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [~ [] [] [] [] Defeated [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Albert Krupski Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas FI, Wi¢~m SecOnder [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-719 CATEGOR~ DEPARTMENT: Trailer Permit Town Clerk The Transfer of the T, .... fader Permit from Ernest Schnetder to Emma s Garden Growers RESOLVED that the Town Board of the Town of Southold hereby approves the transfer of the Trailer Permit from Ernest Schneider to Emma's Garden Growers, located at 7645 Alvahs Lane, Cutchogue. Trailer has been historically used as security housing for the greenhouse and property. Vote Re~ord - Resolution RES-2009-7t9 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Seconder [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Kmpski Jr. Voter I~1 [] [] [] [] Withdrawn [] Supervisor's Appt Thomas H. Wickham Initiator [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-720 CATEGORY: DEPARTMENT: Advertise Town Clerk Readvertise for Transportation Commission RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to readvertise for a member to Transportation Commission. August 25, 2009 Page 18 Southold Town Board Meeting Minutes Vote Record - Resolution RE8-2009-720 [] Adopted yes/Ay~ Ng/l%y ~b~tain Ab~ [] Adopted as Amended William Ruland [] I3 [] [] [] Defeated Vincent Orlando [] [] [] [] Tabled Albert Kmpski Jr. [] [] [] [] ~ Withdrawn Thomas H. Wickham [] [] [] [] [] Supervisor's Appt Louisa P. Evans [] [] [] [] [] Tax Receiver's Appt [] Resc ~nded Scott Russell [] [] [] [] 16. Comment regarding resolution # 720 JUSTICE EVANS: Can I ask as a point of discussion here, I thought we decided today that there was... SUPERVISOR RUSSELL: That there was no need to readvertise? JUSTICE EVANS: That we had advertised once and didn't get anyone. COUNCILMAN ORLANDO: You are fight, we were going to reach out to... COUNCILMAN RULAND: I will make a resolution that we withdraw it. 2009-721 CA TEGOR Y: DEPARTMENT: Committee Appointment Town Clerk Appoint Donald R. Wilson to the Housing Advisory Commission RESOLVED that the Town Board of the Town of Southold hereby appoints Donald R. Wilson to the Housing Advisory Commission, effective immediately through March 31, 2012. Vote Record - Resolution RE8-2009-721 ~1 Adopted yes/AYe No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Initiator [] [] [] [] [] Tabled Albert ~pski Jr. Seconder [] D [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisors Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt Voter [] Rescinded Scot~ Russell ~ ~ F1 : [] 2009-722 CA TEGOR Y: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to North Fork Beach Volleyball to Park Overflow Vehicles Along Breakwater Road, in the Vicinity of Breakwater Park on Saturday, 12, 2009 August 25, 2009 Page 19 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby grants permission to North Side-Out Beach Volleyball to park overflow vehicles along Breakwater Road, in the vicinity of Breakwater park on Saturday, August 29~ 2009 (r.d. 8/30) for their annual volleyball tournaments and on Saturday, September 19, 2009 (rd 9/20) for the Beach Volleyball awards party, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and provided the cars are displaying a Mattituck Park District stickers or "official tournament parking" flyers and they contact Captain Martin Flatley of the Southold Police Department immediately for proper placement of the permits. Support is for this year only as the Southold Town Board continues to evaluate the use of town roads. Vote Re~ord - Resolution RES-2009-722 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Initiator [] [] [] [] [] Defeated [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Albert Kmpski Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Voter [] [] [3 [] Louisa P. Evans Voter ~ [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [~ [] [] [] 19. Comment regarding resolution # 722 COUNCILMAN RULAND: Discussion. Discussion. Mr. Supervisor, I know in the past most of the resolutions that included a disclaimer that support was for this year only as we continue to evaluate, as this is an annual event, I am wondering if we can add that to the motion? SUPERVISOR RUSSELL: Yes. I think that is a good idea. q0UNC!LMAN KRUPSKI: Very good. Ghdly adc~ !I/~t to th~ m0~ion. 2009-723 CATEGOR~ DEPARTMENT: Policies Public Works Adopt 2009 Southold Town Deer Management Program RESOLVED that the Town Board of the Town of Southold hereby adopts the 2009 Southold Town Deer Management Program, whereby the following Town-owned properties will be designated as properties available for the issuance of archery hunting permits to Town residents August 25, 2009 Page 20 Southold Town Board Meeting Minutes. for the period of October 5, 2009 through December 31, 2009, seven days a week: Hogs Neck, Sections I and II, Southold; Tall Pines, Southold; the Reese Property, Greenport; the Stackler Property, Greenport; Damiano's, Southold; Adamowicz, Mattituck; and Young's, Mattituck. The following properties will be open Wednesdays through Saturdays: Arshamomaque Pond, Southold; Mill Road, Mattituck; and Down's Farm, Cutchogue, and BE IT FURTHER RESOLVED that the Town Clerk is hereby authorized to issue such archery hunting permits by lottery drawing, that all such issued permits shall be subject to the rules for the 2009 Town of Southold Deer Management Program, and shall be subject to revocation upon the violation of any such rules; and BE IT FURTHER RESOLVED that the Town of Southold, Department of Public Works, shall be authorized to institute such further rules and procedures necessary to manage the 2009 Town of Southold Deer Management Program, subject to oversight by the Town Board. Vote Record - Resolution RES-2009-723 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] [] [] Withdrawn [] Supervisor's Appt Thomas H. Wickham Seconder I~ [] [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded Scott Russell Voter Pl [] [] [] 21. Comments regarding resolution #723 COUNCILMAN WICKHAM: I wonder, Scott, if you would like to outline the forum or open meeting that you are proposing on this subject? SUPERVISOR RUSSELL: What we are going to be having is a community forum, discussion on deer management in Southold Town to develop an integrated deer management approach. We are actually having representatives from the DEC, from the agricultural community, farmers, hunters, everybody that is affected by what is an absolutely substantial problem for Southold Town, both economically, both in terms of health. We are going to have a representative there to discuss the issue of Lyme disease, we are inviting the biggest decision makers at the Department of Conservation, Environmental Conservation. We are trying to get the state to understand that we are no longer in the process of wildlife management but pest control. Most of what we need to do at a local level is regulated by the state DEC and we are hoping that a community discussion would get them to revisit their regulatory process to ease our efforts at trying to eradicate or reduce the substantial numbers of white tailed deer on the north fork. That is going to be September 16, I believe at 7:00 PM, right here at Town Hall. But I would urge you to look August 25, 2009 Page 21 Southold Town Board Meeting Minutes at the web site for a table of panelists who will be discussing it and the exact time and locations. 2009-724 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Custom Network Solutions Basic Agreement Between the Town of Southold and Spring Solutions, Inc. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Custom Network Solutions Basic Agreement between the Town of Southold and Sprint Solutions~ Inc. for the installation of certain in- building wireless distribution equipment to enhance the cell phone coverage at Town Hall, subject to the approval of the Town Attorney. · ~ Vot~ R~rd ~ ReSblUtion RES~2009,724 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] F1 [] [] Defeated Vincent Orlando Voter El FI E] FI [] Tabled [] Withdrawn Thomas H. Wickham Initiator [] [] [] [] [] Supervisor's Appt Louisa P. Evans Seconder ~I [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter El [] [] [] 23. Comment regarding resolution it 724 COUNCILMAN WICKHAM: Does this include the Town Hall annex? SUPERVISOR RUSSELL: It should. COUNCILMAN WICKHAM: Because it just says Town Hall. SUPERVISOR RUSSELL: I think that is a generic term. It should absolutely include the annex. COUNCILMAN WICKHAM: Okay. SUPERVISOR RUSSELL: And the police department, where it is critically needed. 2009-725 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Memorandum of Agreement W/CSEA August 25, 2009 Page 22 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Memorandum of Agreement dated August 14, 2009 between the Town of Southold and the CSEA, concerning utilization of the Suffolk County Department of Labor Works Program. ~' VoteRecord- Resolution RES-2009-725 [] 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 Voter [] Rescinded Scott Russell [] [] [] [] 2009-726 CATEGORY: DEPARTMENT: Authorize to Bid Solid Waste Management District Screening Plant Re-Bid WHEREAS the Town Board has declared the Re-Tech P622 Trommel Screen owned by the Solid Waste Management District to be surplus and authorized its advertisement for sale to the highest bidder; and WHEREAS no bids were received pursuant to such advertisement, it is RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to re-advertise for bids for the Re-Tech P622 Trommel Screen and authorizes the placement of such advertisement(s) in the on-line auction house of "Machinerytrader.com' and the related paper publication "Eastern Machinery Trader" for the period September 4, 2009 - November 6, 2009. Vote Record - Resolution 1RES-2009-726 , [] Adopted Yes,Aye N0/Na~ Abs~in Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Initiator [] [] [] [] [] Tabled Aibe~t Krupski Jr. Seconder [] [] [] [] [] Withdrawn Thomas H W ckham Voter El [] 13 [] [] Supcrvisor's Appt Louisa P, Evans Voter [] [] El [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] FI D August 25, 2009 Page 23 Southold Town Board Meeting Minutes 2009-727 CATEGORY: DEPARTMENT: Attend Seminar Town Attorney Grants Permission to Town Attorney, Martin D. Finnegan, and Assistant Town Attorney, Jennifer Andaloro, to View the Seminar Entitled "Legal Issues in Emergency Management". RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Attorne¥~ Martin D. Finnegan~ and Assistant Town Attorney~ Jennifer Andaloro~ to view the seminar entitled "Legal Issues in Emergency Management". All fees are to be a legal charge to the 2009 Town Attorney budget. Vote Record - Re~olutlon RES-2009-727 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled Albert Krupski Jr. Initiator [] [] [] [] Withdrawn [] Supervisor's Appt Thomas H. W ckham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [3 [] [] 27. Comment regarding resolution # 727 SUPERVISOR RUSSELL: What do you mean 'view'? What, do you need us to unlock the parental control? COUNCILMAN KRUPSKI: ! gu0ss ~hey need permission::: 2009-728 CA TE GO R Y: DEPARTMENT: Local Law Public Hearing Town Clerk LL in Relation To WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 25th day of August, 2009, a Local Law entitled "A Local Law in relation to Amendments to Chapter 148 of the Town Code entitled 'Flood Damage Prevention'" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public heating on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the August 25, 2009 Page 24 Southold Town Board Meeting Minutes 8th day of September, 2009 at 7:34 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 148 of the Town Code entitled 'Flood Damage Prevention'" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 148 of the Town Code entitled 'Flood Damage Prevention'". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 148 of the Code of the Town of Southold is hereby amended as follows: §148-1. Findings. The Town Board of the Town of Southold finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Southold and that such damages may include destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this chapter is adopted. §148-2. Purpose. It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: B. C. D. E. F. Regulate uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction. Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters. Control filling, grading, dredging and other development which may increase erosion or flood damages. Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. Qualify for and maintain participation in the National Flood Insurance Program. August 25, 2009 Page 25 Southold Town Board Meeting Minutes §148-3. Objectives. The objectives of this chapter are to: Protect human life and health. Minimize expenditure of public money for costly flood-control projects. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public. Minimize prolonged business interruptions. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas. Provide that developers are notified that property is in an area of special flood hazard. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 148-4. Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application. As used in this chapter, the following terms shall have the meanings indicated: APPEAL -- A request for a review of the local administrator's interpretation of any provision of this chapter or a request for a variance. AREA OF SHALLOW FLOODING -~ A designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance of flooding to an average annual depth of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. [Amended 5-12-1998 by L.L. No. 8-1998] AREA OF SPECIAL FLOOD HAZARD -- The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1 - A30, A99, V, VO, VE or V1 - V30. It is also commonly referred to as the "base floodplain" or "one-hundred-year floodplain." For purposes of this Local Law, the term "special flood hazard area (SFHA)" is synonymous in meaning with the phrase "area of special flood hazard". BASE FLOOD -- The flood having a 1% chance of being equaled or exceeded in any given year. BASEMENT -- That portion of a building having its floor sub-grade (below ground level) on all sides. August 25, 2009 Page 26 Southold Town Board Meeting Minutes BREAKAWAY WALL -- A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. BUILDING -- See "structure." CELLAR -- The same meaning as "basement." COASTAL HIGH-HAZARD AREA -- An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms or seismic soumes. The area is designated on the FIRM as Zone V1 - V30, VE, VO or V. CRAWL SPACE -- An enclosed area beneath the lowest elevated floor, eighteen inches or more in height, which is used to service the underside of the lowest elevated floor. The elevation of the floor of this enclosed area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent exterior grade. The enclosed crawl space area shall be properly vented to allow for equalization of hydrostatic forces which would be experienced during periods of flooding. [Added 5-12-1998 by L.L. No. 8-1998] DEVELOPMENT -- Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING -- A non-basement building built, in the case of a building in Zone A1 - A30, AE, A, A99, AO, AH, B, C, X or D, to have the top of the elevated floor or, in the case of a building in Zone V1 - 30, VE or V, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers) or shear walls parallel to the flow of the water and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zone A1 - A30, AE, A, A99, AO, AH, B, C, X or D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of Zone V1 - V30, VE or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means ofbreakaway walls that meet the federal standards. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION -- A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is complete before the effective date of the floodplain management regulations adopted by the community. August 25, 2009 Page 27 Southold Town Board Meeting Minutes EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION -- The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouting of concrete pads). FEDERAL EMERGENCY MANAGEMENT AGENCY -- The federal agency that administers the National Flood Insurance Program. FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) -- An official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The "FBFM" delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study. FLOOD ELEVATION STUDY -- An examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations or an examination, evaluation and determination of flood-related erosion hazards. FLOOD or FLOODING -- A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation or runoff of surface waters from any source. "Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in "flooding" as defined above. FLOOD HAZARD BOUNDARY MAP (FHBM) -- An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided. FLOOD INSURANCE RATE MAP (FIRM) -- An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY -- See "flood elevation study." FLOODPLAIN or FLOOD-PRONE AREA -- Any land area susceptible to being inundated by water from any source (see definition of "flooding"). FLOODPROOFING - Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY -- The same meaning as "regulatory floodway." August 25, 2009 Page 28 Southold Town Board Meeting Minutes FUNCTIONALLY DEPENDENT USE -- A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding and ship repair facilities. The term does not include long-term storage, manufacturing, sales or service facilities. HIGHEST ADJACENT GRADE -- The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. HISTORIC STRUCTURE -- Any structure that is: (1) (2) (3) (4) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or Individually listed on a state inventory of historic places in states with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs. LOCAL ADMINISTRATOR -- The person appointed by the community to administer and implement this chapter by granting or denying development permits in accordance with its provisions. This person is often the Code Enfomement Officer, the Building Inspector or an employee of an engineering department. LOWEST FLOOR -- The lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's "lowest floor," provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter. MANUFACTURED HOME -- A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term does not include a recreational vehicle. MANUFACTURED HOME PARK OR SUBDIVISION -- A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. ,ugust 25, 2009 Southold Town Board Meeting Minutes Page 29 MEAN SEA LEVEL -- For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum of 1988 (NAVD 88) or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. MOBILE HOME -- The same meaning as "manufactured home." NATIONAL GEODETIC VERTICAL DATUM (NGVD)" -- As corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain. NEW CONSTRUCTION -- Structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the community and includes any subsequent improvements to such structure. NEW MANUFACTURED HOME PARK OR SUBDIVISION -- A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. ONE-HUNDRED-YEAR FLOOD -- The same meaning as "base flood." PRIMARY FRONTAL DUNE -- A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope. PRiNCIPALLY ABOVE GROUND -- At least 51% of the actual cash value of the structure, excluding land value, is above ground. RECREATIONAL VEHICLE -- A vehicle which is: (1) (2) (3) (4) Built on a single chassis; Four hundred square feet or less when measured at the largest horizontal projections; Designed to be self-propelled or permanently towable by a light-duty truck; and Not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. REGULATORY FLOODWAY -- The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 148-12B of this chapter. August 25, 2009 Page 30 Southold Town Board Meeting Minutes SAND DUNES -- Naturally occurring accumulations of sand in ridges or mounds landward of the beach. START OF CONSTRUCTION -- l~,~h,~l ..... 1~.4~1; .......... * ~ ..... *1~ ;~;*;~*;~ ............................... ~ ................................ v ................ The date of permit issuance for new construction and substantial improvements to existing structures, provided that actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or foundations, or the erection of temporary forms, or the installation of accessory buildings such as garages or sheds not occupied as dwellin~ units or not part of the main building. For a substantial improvement, the actual "start of construction" means of the first alteration of any wall, ceiling, floor, or other structural part ofa building~ whether or not that alteration affects the external dimensions of the buildinE STRUCTURE - A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. SUBSTANTIAL DAMAGE -- Damage of any origin sustained by a structure whereby the cost of restoring any structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT -- Any reconstruction, rehabilitation, addition or other improvement ora structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. The term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either: (1) (2) Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. VARIANCE -~ A grant of relief from the requirements of this chapter which permits August 25, 2009 Page 31 Southold Town Board Meeting Minutes construction or use in a manner that would otherwise be prohibited by this chapter. §148-5. Applicability. This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Southold. §148-6. Basis for establishing areas of special flood hazard. The areas of special flood hazard for the Town of Southold, Community No. 360813, are identified and defined on the following documents prepared by the Federal Emergency Management Agency: [Amended 5-12-1998 by L.L. No. 8- 1998] (1) A scientific and engineering report entitled "Flood Insurance Study, Suffolk County, New York (all jurisdictions)," &ttq~4,fq%~tgg September 25, 2009. (2) Flood Insurance Rate Map Panel Numbers for Suffolk County, New York (all jurisdictions): 36103C0017H, 36103C0018H, 36103C0019H, 36103C0036H, 36103C0037H, 36103C0038H, 36103C0039H, 36103C0041H, 36103C0043H, 36103C0063H, 36103C0069H, 36103C0087H 36103C0105H 36103C0141H 36103C0157H 36103C0163H 36103C0169H 36103C0182H 36103C0205H 36103C0483H 36103C0502H 36103C0064H, 36103C0066H, 36103C0067H, 36103C0079H, 36103C0083H, 36103C0084H, 36103C0088H, 36103C0089H, 36103C0091H, 36103C0106H, 36103C0107H, 36103C0115H 36103C0142H, 36103C0143H, 36103C0144H 36103C0158H, 36103C0159H, 36103C0161H 36103C0164H, 36103C0166H, 36103C0167H 36103C0176H, 36103C0177H, 36103C0178H 36103C0184H, 36103C0186H, 36103C0188H 36103C0477H, 36103C0479H, 36103C0481H 36103C0484H, 36103C0491H, 36103C0492H 36103C0503H, 36103C0504H, 36103C0506H 36103C0068H, 36103C0086H, 36103C0095H, 36103C0139H, 36103C0154H, 36103C0162H, 36103C0168H, 36103C0181H, 36103C0192H, 36103C0482H, 36103C0501H, 36103C0507H, 2009 ~d ~y subsequent rehsions to these map panels that do not affect areas under the Town's jurisdiction. The above documents are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and/or maps are on file at the office of the Town Clerk located at 53095 Route 25, Southold, New York. August 25, 2009 Page 32 Southold Town Board Meeting Minutes §148-7. Interpretation; conflict with other laws. This chapter includes all revisions to the National Flood Insurance Program through N~ October 27, 1997, and shall supersede all previous laws adopted for the purpose of flood damage prevention. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the highest standards shall govern. §148-8. Severability. The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof. §148-9. Penalties for offenses. No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Southold from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received on approved variance under §§ 148-22 and 148-23 will be declared noncompliant and notification sent to the Federal Emergency Management Agency. § 148-10. Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Town of Southold, any officer or employee thereof or the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. §148-11. Designation of local administrator. August 25, 2009 Page 33 Southold Town Board Meeting Minutes The Building Inspector is hereby appointed local administrator to administer and implement this chapter by granting or denying floodplain development permits in accordance with its provisions. §148-12. Floodplain development permit; fees; deposit. Purpose. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and ensuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in §148-6, without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the local administrator and may include but not be limited to plans, in duplicate, drawn to scale and showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures; fill; storage of materials; drainage facilities; and the location of the foregoing. Fees. All applications for a floodplain development permit shall be accompanied by an application fee of $100. In addition, the applicant shall be responsible for reimbursing the Town of Southold for any additional costs necessary for review, inspection and approval of this project. The local administrator may require a deposit of no more than $500 to cover these additional costs. §148-13. Application for permit. The applicant shall provide at least the following information, where applicable. Additional information may be required on the permit application form. The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved structure to be located in Zone A1 - A30, AE or AH or in Zone A if base flood elevation data are available. Upon completion of the lowest floor, the permittee shall submit to the local administrator the as-built elevation, certified by a licensed professional engineer or surveyor. The proposed elevation, in relation to mean sea level, of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of any new or substantially improved structure to be located in Zone V1 - V30 or VE or in Zone V if base flood elevation data are available. Upon completion of the lowest floor, the permittee shall submit to the local administrator the as-built elevation, certified by a licensed professional engineer or surveyor. The proposed elevation, in relation to mean sea level, to which any new or substantially improved nonresidential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the permittee shall submit to the local administrator the as-built floodproofed elevation, certified by a professional engineer or surveyor. August 25, 2009 Page 34 Southold Town Board Meeting Minutes. Go A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 148-16C, Utilities. A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 148-19, Nonresidential structures (except coastal high-hazard areas). A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in § 148-6, when notified by the local administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained. A technical analysis, by a licensed professional engineer, if required by the local administrator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property. In Zone A, when no base flood elevation data are available from other sources, base flood elevation data for subdivision proposals and other proposed developments (including proposals for manufactured home and recreational vehicle parks and subdivisions) that are greater than either 50 lots or five acres. In Zones V1 - V30 and VE and also in Zone V if base flood elevation data are available, designs and specifications, certified by a licensed professional engineer or architect, for any breakaway walls in a proposed structure with design strengths in excess of 20 pounds per square foot. In Zones V1 - V30 and VE and also in Zone V if base flood elevation data are available, for all new and substantial improvements to structures, design plans and specifications prepared in sufficient detail to enable independent review of the foundation support and connection components. Said plans and specifications shall be developed or reviewed by a licensed professional engineer or architect and shall be accompanied by a statement, bearing the signature of the architect or engineer, certifying that the design and methods of construction to be used are in accordance with accepted standards of practice and with all applicable provisions of this chapter. §148-14. Duties and responsibilities of local administrator. Duties of the local administrator shall include but not be limited to the following: Permit application review. The local administrator shall conduct the following permit application review before issuing a floodplain development permit. The local administrator shall: (1) Review all applications for completeness, particularly with the requirements of §148-13, Application for permit, and for compliance with the provisions and standards of this chapter. August 25, 2009 Page 35 Southold Town Board Meeting Minutes (2) (3) (4) Review subdivision and other proposed new development, including manufactured home parks, to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of §§ 148-15 through 148-21, construction standards, and, in particular, § 148-15B, Subdivision proposals. Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The local administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of §§148-15 through 148-21, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and resubmit the application. Determine that all necessary permits have been received from those governmental agencies from which approval is required by state or federal law. Use of other flood data. (1) (2) When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate Map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to §148-13GH, as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this chapter. When base flood elevation data are not available, the local administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard for the purposes of this chapter. Alteration of watercourses. The local administrator shall: (1) (2) Notify adjacent communities and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse and submit evidence of such notification to the Regional Director, Region II, Federal Emergency Management Agency. Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. D. Construction stage. August 25, 2009 Page 36 Southold Town Board Meeting Minutes O) (2) (3) In Zones A1 - A30, AE and AH and also in Zone A if base flood elevation data are available, upon placement of the lowest floor or completion of fioodproofing of a new or substantially improved structure, the local administrator shall obtain from the permit holder a certification of the as-built elevation of the lowest floor or floodproofed elevation in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by the same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. A certificate of elevation must also be submitted for a recreational vehicle if it remains on a site for ! 80 consecutive days or longer (unless it is fully licensed and ready for highway use). In Zones V1 - V30 and VE and also in Zone V if base flood elevation data are available, upon placement of the lowest floor of a new or substantially improved structure, the permit holder shall submit to the local administrator a certificate of elevation, in relation to mean sea level, of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns). The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. An elevation certificate must also be submitted for a recreational vehicle if it remains on a site 180 consecutive days or longer (unless it is fully licensed and ready for highway use). Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The local administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected. Inspections. The local administrator and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and to enable said inspector to certify, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions. Stop-work orders. O) (2) The local administrator shall issue or cause to be issued a stop-work order for any floodplain development found ongoing without a development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 148-9 of this chapter. The local administrator shall issue or cause to be issued a stop-work order for any floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator of the penalties described in § 148-9 of this chapter. August 25, 2009 Page 37 Southold Town Board Meeting Minutes G. Certificate of compliance. (1) (2) (3) In areas of special flood hazard, as determined by documents enumerated in 3 148-6, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the local administrator stating that the building or land conforms to the requirements of this chapter. A certificate of compliance shall be issued by the local administrator upon satisfactory completion of all development in areas of special flood hazard. Issuance of the certificate shall be based upon the inspections conducted as prescribed in §148-14E Su~ecticn E, Inspections, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit. Information to be retained. The local administrator shall retain and make available for inspection copies of the following: (1) (2) (3) (4) (5) (6) Floodplain development permits and certificates of compliance. Certifications of as-built lowest floor elevations of structures required pursuant to ~ 3148-14D(1) and (2) and whether or not the structures contain a basement. Floodproofing certificates required pursuant to Su~zecti,~n §148-14 D(1) and whether or not the structures contain a basement. Certifications required pursuant to 3 148-18N, Breakaway wall design standards, and Subsection J of 3 148-13, Application for permit. Variances issued pursuant to 33 148-22 and 148-23. Notices required under $u~:cction 3148-14C, Alteration of watercourses. §148-15. General standards. The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in 3 148-6. Coastal high-hazard areas. The following requirements apply within Zones V1 - V30, VE and V: (1) (2) (3) All new construction, including manufactured homes and recreational vehicles on site 180 days or longer and not fully licensed for highway use, shall be located landward of the reach of high tide. The use of fill for structural support of buildings, manufactured homes or recreational vehicles on site 180 days or longer is prohibited. Man-made alteration of sand dunes which would increase potential flood damage is prohibited. August 25, 2009 Page 38 Southold Town Board Meeting Minutes Subdivision proposals. The following standards apply to all new subdivision proposals and other proposed development in areas of special flood hazard (including proposals for manufactured home and recreational vehicle parks and subdivisions): (1) (2) (3) Proposals shall be consistent with the need to minimize flood damage; Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize flood damage; and Adequate drainage shall be provided to reduce exposure to flood damage. Encroachments. (1) Within Zones A1 - A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill) shall be permitted unless: (a) The applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location; or (b) The Town of Southold agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Southold for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Southold for all costs related to the final map revision. (2) On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 148-6, no new construction, substantial improvements or other developments in the floodway (including fill) shall be permitted unless: (a) (b) A technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood; or The Town of Southold agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Southold for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Southold for all costs related to the final map revisions. August 25, 2009 Page 39 Southold Town Board Meeting Minutes §148-16. Standards for all structures. Anchoring. New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse or lateral movement during the base flood. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. B. Construction materials and methods. (1) (2) (3) New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage. New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage. For enclosed areas below the lowest floor ora structure within Zones A1 - A30, AE or AH and also in Zone A if base flood elevation data are available, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria: (a) (b) (c) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade. Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. Enclosed areas sub-grade on all sides are considered basements and are not permitted. (4) Within Zones V1 - V30 and VE and also within Zone V if base flood elevation are available, new construction and substantial improvements s shall have the space below the lowest floor either free from obstruction or constructed with nonsupporting breakaway walls, open wood lattice-work or insect screening intended to collapse under wind and water loads without causing collapse, displacement or other structural damage to the elevated portion of the building or supporting foundation system. The enclosed space below the lowest floor shall be used only for parking vehicles, building access or storage. Use of this space for human habitation is expressly prohibited. The construction of stairs, stairwells and elevator shafts are subject to the design requirements for breakaway walls. August 25, 2009 Page 40 Southold Town Board Meeting Minutes C. Utilities. (1) (2) (3) (4) New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections and other service equipment shall be located at or above the base flood level or designed to prevent water from entering or accumulating within the components during a flood. This includes heating, ventilating, and air-conditioning equipment, hot-water heaters, appliances, elevator lift machinery and electrical junction and circuit breaker boxes. When located below the base flood elevation, a professional engineer's or architect's certification of the design is required. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. §148-17. Residential structures (except coastal high-hazard areas). Elevation. The following standards, in addition to the standards in § 148-15B, Subdivision proposals, and § 148-15C, Encroachments, and § 148-16, Standards for all structures, apply to new and substantially improved residential structures located in areas of special flood hazard as indicated: (1) (2) (3) (4) Within Zones A1 - A30, AE and AH and also in Zone A if base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above the two feet above the base flood elevationlevel. Within Zone A, when no base flood elevation data are available, new and substantially improved structures shall have the lowest floor (including basement) elevated at least three feet above the highest adjacent grade. Within Zone AO, new and substantially improved structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in §148-6 (at least two feet if no depth number is specified). Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes. August 25, 2009 Page 41 Southold Town Board Meeting Minutes §148-18. Residential structures (coastal high-hazard areas). The following standards, in addition to the standards in § 148-15A, Coastal high-hazard areas, and § 148-15B, Subdivision proposals, and § 148-16, Standards for all structures, apply to new and substantially improved residential structures located in areas of special flood hazard shown as Zone V1 - V30, VE or V on the community's Flood Insurance Rate Map designated in § 148- 6: Elevation. New construction and substantial improvements shall be elevated on pilings, columns or shear walls such that the bottom of the lowest horizontal structural member supporting the lowest elevated floor (excluding columns, piles, diagonal bracing attached to the piles or columns, grade beams, pile caps and other members designed to either withstand storm action or break away without imparting damaging loads to the structure) is elevated to or above two feet above the level of the base flood elevation so as not to impede the flow of water. Determination of loading forces. Structural design shall consider the effects of wind and water loads acting simultaneously during the base flood on all building components. (1) (2) (3) The structural design shall be adequate to resist water forces that would occur during the base flood. Horizontal water loads considered shall include inertial and drag forces of waves, current drag forces and impact forces from waterborne storm debris. Dynamic uplift loads shall also be considered if bulkheads, walls or other natural or man-made flow obstructions could cause wave run-up beyond the elevation of the base flood. [Amended 5-12-1998 by L.L. No. 8-1998] Buildings shall be designed and constructed to resist the forces due to wind pressure. Wind forces on the superstructure include windward and leeward forces on vertical walls, uplift on the roof, internal forces when openings allow wind to enter the house and upward force on the underside of the house when it is exposed. In the design, the wind should be assumed to blow potentially from any lateral direction relative to the house. Wind-loading values used shall be those required by the building code. C. Foundation standards. (1) (2) The pilings or column foundation and structure attached thereto shall be adequately anchored to resist flotation, collapse or lateral movement due to the effects of wind and water pressures acting simultaneously on all building components. Foundations must be designed to transfer safely to the underlying soil all loads due to wind, water, dead load, live load and other loads (including uplift due to wind and water). Spread footings and fill material shall not be used for structural support of a new building or substantial improvement of an existing structure. D. Pile foundation design. August 25, 2009 Page 42 Southold Town Board Meeting Minutes O) (2) (3) (4) (5) (6) (7) (8) (9) (10) The design ratio of pile spacing to pile diameter shall not be less than 8:1 for individual piles (this shall not apply to pile clusters located below the design grade). The maximum center-to-center spacing of wood piles shall not be more than 12 feet on center under load-beating sills, beams or girders. Pilings shall have adequate soil penetration (bearing capacity) to resist the combined wave and wind loads (lateral and uplift) associated with the base flood action simultaneously with typical structure (live and dead) loads and shall include consideration of decreased resistance capacity caused by erosion of soil strata surrounding the piles. The minimum penetration for foundation piles is to an elevation of five feet below mean sea level (msl) datum if the BFE is + 10 msl or less or at least 10 feet below msl if the BFE is greater than +10 msl. Pile foundation analysis shall also include consideration of piles in column action from the bottom of the structure to the stable soil elevation of the site. Pilings may be horizontally or diagonally braced to withstand wind and water forces. The minimum acceptable sizes for timber piles are a tip diameter of eight inches for round timber piles and eight by eight (8 x 8) inches for square timber piles. All wood piles must be treated in accordance with requirements of EPEE-C3 to minimize decay and damage from fungus. Reinforced concrete piles shall be cast of concrete having a twenty-eight-day ultimate compressive strength of not less than 5,000 pounds per square inch and shall be reinforced with a minimum of four longitudinal steel bars having a combined area of not less than 1% nor more than 4% of the gross concrete area. Reinforcing for precast piles shall have a concrete cover of not less than 1 1/4 inches for No. 5 bars and smaller and not less than 1 1/2 inches for No. 6 through No. 11 bars. Reinforcement for piles cast in the field shall have a concrete cover of not less than ~4- 2 inches. Piles shall be driven by means of a pile driver or drop hammer or jetted or augered into place. Additional support for piles in the form of bracing may include lateral or diagonal bracing between piles. When necessary, piles shall be braced at the ground line in both directions by a wood timber grade beam or a reinforced concrete grade beam. These at-grade supports should be securely attached to the piles to provide support even if scoured from beneath. Diagonal bracing between piles, consisting of two-inch by eight-inch (minimum) members bolted to the piles, shall be limited in location to below the lowest supporting structural member and above the stable soil elevation and aligned in the vertical plane along pile rows perpendicular to the shoreline. Galvanized steel rods (minimum diameter one-half inch) or cable-type bracing is permitted in any plane. Knee braces, which stiffen both the upper portion of a pile and the beam-to-pile connection, may be used along pile rows perpendicular and parallel to the shoreline. Knee braces shall be two-by-eight lumber bolted to the sides of the pile/beam or four-by-four or larger braces framed into the pile/beam. Bolting shall August 25, 2009 Page 43 Southold Town Board Meeting Minutes L consist of two 5/8 inch galvanized steel bolts (each end) for two-by-eight members or one 5/8 inch lag bolt (each end) for square members. Knee braces shall not extend more than three feet below the elevation of the base flood. Column foundation design. Masonry piers or poured-in-place concrete piers shall be internally reinforced to resist vertical and lateral loads and be connected with a movement-resisting connection to a pile cap or t vile shaft. Connectors and fasteners. Galvanized metal connectors, wood connectors or bolts of size and number adequate for the calculated loads must be used to connect adjoining components of a structure. Toe nailing as a principal method of connection is not permitted. All metal connectors and fasteners used in exposed locations shall be steel, hot-dipped galvanized after fabrication. Connectors in protected interior locations shall be fabricated from galvanized sheet. Beam to pile connections. The primary floor beams or girders shall span the supports in the direction parallel to the flow of potential floodwater and wave action and shall be fastened to the columns or pilings by bolting, with or without cover plates. Concrete members shall be connected by reinforcement, if cast in place, or (if precast) shall be securely connected by bolting and welding. If sills, beams or girders are attached to wood piling at a notch, a minimum of two 5/8 inch galvanized steel bolts or two hot- dipped galvanized straps 3/16 inch by four inches by 18 inches, each bolted with two 1/2 inch lag bolts per beam member, shall be used. Notching of pile tops shall be the minimum sufficient to provide ledge support for beam members without unduly weakening pile connections. Piling shall not be notched so that the cross section is reduced below 50%. Floor and deck connections. (1) (2) Wood two-by-four-inch (minimum) connectors or metal joist anchors shall be used to tie floor joists to floor beams/girders. These should be installed on alternate floor joists, at a minimum. Cross bridging of all floor joists shall be provided. Such cross bridging may be one-by-three-inch members, placed eight feet on center, maximum, or solid bridging of the same depth as the joists at the same spacing. Plywood should be used for subflooring and attic flooring to provide good torsional resistance in the horizontal plane of the structure. The plywood should not be less than 3/4 inch total thickness and should be exterior grade and fastened to beams or joists with 8d annular or spiral thread galvanized nails. Such fastening shall be supplemented by the application of waterproof industrial adhesive applied to all bearing surfaces. Exterior wall connections. All bottom plates shall have any required breaks under a wall stud or an anchor bolt. Approved anchors will be used to secure rafters or joists and top and bottom plates to studs in exterior and bearing walls to form a continuous tie. August 25, 2009 Page 44 Southold Town Board Meeting Minutes Continuous fifteen-thirty-seconds-inch or thicker plywood sheathing, overlapping the top wall plate and continuing down to the sill, beam or girder, may be used to provide the continuous tie. If the sheets of plywood are not vertically continuous, then two-by-four nailer blocking shall be provided at all horizontal joints. In lieu of the plywood, galvanized steel rods of 1/2 inch diameter or galvanized steel straps not less than one inch wide by 1/16 inch thick may be used to connect from the top wall plate to the sill, beam, or girder. Washers with a minimum diameter of three inches shall be used at each end of the 1/2 inch round rods. These anchors shall be installed no more than two feet from each comer rod, no more than four feet on center. Ceiling joist/rafter connections. (1) (2) All ceiling joists or rafters shall be installed in such a manner that the joists provide a continuous tie across the rafters. Ceiling joists and rafters shall be securely fastened at their intersections. A metal or wood connector shall be used at alternate ceiling joist/rafter connections to the wall top plate. Gable roofs shall be additionally stabilized by installing o~e-two-by-four blocking on two-foot centers between the rafters at each gable end. Blocking shall be installed a minimum of eight feet toward the house interior from each gable end. Projecting members. All cantilevers and other projecting members must be adequately supported and braced to withstand wind and water uplift forces. Roof eave overhangs shall be limited to a maximum of two feet and joist overhangs to a maximum of one foot. Larger overhangs and porches will be permitted if designed or reviewed by a registered professional engineer or architect and certified in accordance with § 148-13J of this chapter. Roof sheathing. (1) (2) (3) Plywood or other wood material, when used as roof sheathing, shall not be less than 15/32 inch in thickness and shall be of exterior sheathing grade or equivalent. All attaching devices for sheathing and roof coverings shall be galvanized or be of other suitable corrosion-resistant material. All comers, gable ends and roof overhangs exceeding six inches shall be reinforced by the application of waterproof industrial adhesive applied to all bearing surfaces of any plywood sheet used in the sheathing of such comer, gable end or roof overhang. In addition, roofs should be sloped as steeply as practicable to reduce uplift pressures, and special care should be used in securing ridges, hips, valleys, eaves, vents, chimneys and other points of discontinuity in the roofing surface. Protection of openings. All exterior glass panels, windows and doors shall be designed, detailed and constructed to withstand loads due to the design wind speed of 75 miles per hour. Connections for these elements must be designed to transfer safely the design loads to the supporting structure. Panel widths of multiple panel sliding glass doors shall August 25, 2009 Page 45 Southold Town Board Meeting Minutes not exceed three feet. N. Breakaway wall design standards. (1) (2) The breakaway wall shall have a design safe-loading resistance of not less than 10 and not more than 20 pounds per square foot, with the criterion that the safety of the overall structure at the point of wall failure shall be confirmed using established procedures. Grade beams shall be installed in both directions for all piles considered to carry the breakaway wall load. Knee braces are required for front row piles that support breakaway walls. Use of breakaway wall strengths in excess of 20 pounds per square foot shall not be permitted unless a registered professional engineer or architect has developed or reviewed the structural design and specifications for the building foundation and breakaway wall components and certifies that breakaway walls will fail under water loads less than those that would occur during the base flood and that the elevated portion of the building and supporting foundation system will not be subject to collapse, displacement or other structural damage due to the effects of wind and water loads acting simultaneously on all building components structural and nonstmcmral). Water loading values used shall be those associated with the base flood. Wind loading values shall be those required by the building code. §148-19. Nonresidential structures (except coastal high-hazard areas). The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures located in areas of special flood hazard, in addition to the requirements in § 148-15B, Subdivision proposals, and § 148-15C, Encroachments, and § 148- 16, Standards for all structures. Within Zones A1 - A30, AE and AH and also in Zone A if base flood elevation data are available, new construction and substantial improvements of any nonresidential structure, together with attendant utility and sanitary facilities, shall either: (1) (2) Have the lowest floor, including basement or cellar, elevated to or above two feet above the base flood elevation; or Be floodproofed so that the structure is watertight below two feet above the base flood !crc! elevation with walls substantially impermeable to the passage of water. All structural components located below the base flood ~ elevation must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Within Zone AO, new construction and substantial improvements of nonresidential structures shall: (1) Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the August 25, 2009 Page 46 Southold Town Board Meeting Minutes (2) community's FIRM (at least two feet if no depth number is specified); or Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in §148-16CSubsection A(2). If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications and plans for construction. A floodproofing certificate or other certification shall be provided to the local administrator that certifies that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of §148-19Subsection A(2), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed. Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes. Within Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three feet above the highest adjacent grade. §148-20. Nonresidential structures (coastal high-hazard areas). In Zones V1 - V30 and VE and also in Zone V if base flood elevations are available, new construction and substantial improvements of any nonresidential structure, together with attendant utility and sanitary facilities, shall have the bottom of the lowest member of the lowest floor elevated to or above two feet above the base flood elevation. Floodproofing of structures is not an allowable alternative to elevating the lowest floor to two feet above, the base flood elevation in Zones V1 - V30, VE and V. §148-21. Manufactured homes and recreational vehicles. The following standards, in addition to the standards in § 148-15, General standards, and § 148- 16, Standards for all structures, apply in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard. A. Recreational vehicles. Recreational vehicles placed on sites within Zones A1 - A30, AE, AH, V1 - V30, V and VE shall either: (a) (b) (c) Be on site fewer than 180 consecutive days; Be fully licensed and ready for highway use; or Meet the requirements for manufactured homes in Subsections B, D and E. August 25, 2009 Page 47 Southold Town Board Meeting Minutes (2) A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices and has no permanently attached additions. A manufactured home that is placed or substantially improved in Zones A1 - A30, AE, AH, V1 - V30~V or VE that is on a site either outside of an existing manufactured home park or subdivision, as herein defined; in a new manufactured home park or subdivision, as herein defined; in an expansion to an existing manufactured home park or subdivision, as herein defined; or in an existing manufactured home park or subdivision, as herein defined, on which a manufactured home has incurred substantial damage as the result of a flood shall, within Zones A1 - A30, AE and AH, be elevated on a permanent foundation such that the lowest floor is elevated to or above two feet above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement or, within Zones V1 - V30, V and VE, be elevated on a pile foundation such that the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) is elevated to or above two feet above the base flood elevation and securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited. Methods of anchoring may include but are not limited to use of over-the-top or frame ties to ground anchors. A manufactured home to be placed or substantially improved in Zone A1 - A30, AE, AH, V1 - V30 or VE in an existing manufactured home park or subdivision that is not to be placed on a site on which a manufactured home has incurred substantial damage shall be_: (1) (2) Elevated in a manner such as required in Subsection B_.; or Elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited. Within Zone g Aor V, when no base flood elevation data are available, new and substantially improved manufactured homes shall be elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above the lowest adjacent grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited. Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in § 148-6 (at least two feet if no depth number is specified). Elevation on piers consisting of dry stacked blocks is prohibited. August 25, 2009 Page 48 Southold Town Board Meeting Minutes §148-22. Appeals board. The Zoning Board of Appeals, as established by the Town of Southold, shall hear and decide appeals and requests for variances from the requirements of this chapter. The Zoning Board of Appeals shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the local administrator in the enforcement or administration of this chapter. Those aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules. In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and: (1) The danger that materials may be swept onto other lands to the injury of others. (2) The danger to life and property due to flooding or erosion damage. (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (4) The importance of the services provided by the proposed facility to the community. (5) The necessity to the facility of a waterfront location, where applicable. (6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage. (7) The compatibility of the proposed use with existing and anticipated development. (8) The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area. (9) The safety of access to the property in times of flood for ordinary and emergency vehicles. (10) The costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding. (11) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site. (12) The costs of providing governmental services during and after flood conditions, including search and rescue operations and maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges. Upon consideration of the factors of Subsection D and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. F. The local administrator shall maintain the records of all appeal actions, including August 25, 2009 Page 49 Southold Town Board Meeting Minutes technical information, and report any variances to the Federal Emergency Management Agency upon request. §148-23. Conditions for variances. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that § 148-221D has been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases. Variances may be issued for the repair or rehabilitation of historic structures upon determination that: (1) (2) The proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure. The variance is the minimum necessary to preserve the historic character and design of the structure. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that: (2) The criteria of Subsections A, D, E and F of this section are met. The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. F. Variances shall only be issued upon receiving written justification of: (1) (2) (3) A showing of good and sufficient cause; A determination that failure to grant the variance would result tn exceptional hardship to the applicant; and A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense or create nuisances or cause fraud on or victimization of the public or conflict with existing local laws or ordinances. Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice over the signature of a community August 25, 2009 Page 50 Southold Town Board Meeting Minutes official that the cost of flood insurance will be commensurate with the increased risk resulting from the lowest floor elevation. II. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as ~rovided by law. Vote Record -Resoluaon RES-2009-728 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated [] Tabled Vincent Orlando Voter g~ [] [] [] [] Withdrawn Albert Krupski Jr. Voter [] [] [] [] [] Supervisor's Appt Thmnas H. Wickham Seconder gl [] ~ [] 13 Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-729 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Appointment to Vacant Position on LWRP Coordinating Council RESOLVED that the Town Board of the Town of Southold hereby appoints Michael Simon to the vacant position of Member of the Local Waterfront Revitalization Program Coordinating Council, to serve without compensation. Vote Record; ReSOlution RES~2009a729 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruiand voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [3 [] [] [] Tabled [] Withdrawn Albert Kmpski Jr. Seconder [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Initiator [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 30. comment regarding resolution # 729 SUPERVISOR RUSSELL: Can I just ask you to amend that to appoint Michael Simon to the vacant position? He technically is not a liaison, he is full voting member. So that should just August 25, 2009 Page 51 Southold Town Board Meeting Minutes indicate that it is a vacant position that we are appointing him to. Local Waterfront. COUNCILMAN WICKHAM: So amended. TOWN CLERK NEVILLE: Okay, so take the liaison out? COUNCILMAN WlCKHAM: We are appointing him as a member. TOWN CLERK NEVILLE: As amemberof....okay. Okay. 2009-730 CA TEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL # 10 of 2009 Special Permits WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28th day of July 2009, a Local Law entitled "A Local Law in relation to Amendments to Special Events" and WHEREAS the Town Board of the Town of Southold held a public heating on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed local law entitled, "A Local Law in relation to Amendments to Special Events" reads as follows: LOCAL LAW NO. 10 of 2009 A Local Law entitled, "A Local Law in relation to Amendments to Special Events". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - To limit the applicability of the legislation specifically to apply to special events held on property owned, leased or controlled by the Town and to expand the jurisdiction of the ZBA to include special events held on land used in agriculture. II. Chapter 205 of the Code of the Town of Southold is hereby amended as follows: § 205-1. Certain entertainment restricted; permit required. A. To preserve public peace and good order and to prevent tumultuous assemblages, the following special events shall be prohibited in the Town of Southold, unless a August 25, 2009 Page 52 Southold Town Board Meeting Minutes permit is obtained in accordance with the requirements set forth below: (1) (2) All events or activities occurring on ~ub!ic property owned, leased or controlled by the Town, having more than 50 persons in attendance, open to the public, conducted outdoors, with or without an admission or invitation fee, a sponsorship, or requested donation and held on a one-time or occasional basis, including but not limited to camivals, circuses, fairs, bazaars, outdoor shows, parades, walks, runs, marathons or bicycle races are prohibited in the Town of Southold, unless a permit is obtained in accordance with the requirements set forth below. Outdoor events at a winery, for profit, at which the expected attendance exceeds the maximum occupancy of the public area of the building. B. Application for events on or utilizing public property owned, leased or controlled by the Town: (1) (2) (3) (4) All applications for a special events permit shall be made to the Town Board of the Town of Southold at least 60 days prior to the proposed date of the event and filed with the Town Clerk, together with a fee of $100; $250.00 clean-up deposit fee; and a Certificate of Insurance not less than $1,000,000.00 naming the Town of Southold as an additional insured during the time of the event. Where the Town Board determines that there is no specific Town benefit from the event or that the event is conducted for profit, a deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police and highway costs associated with the event. After the event, the deposit will be used to cover such costs. Upon filing an application for a special event on public property owned, leased or controlled by the Town, the applicant shall send written notice to every property owner abutting or adjacent to the public property, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the public property owned, leased or controlled by the Town that is the subject of the application. For applications for a special events permit for a parade, walk, nm, marathon, bicycle race, or similar events, notice shall be given to property owners abutting or adjacent to the location of the commencement of the event and to all property owners abutting or adjacent to the location of the terminus of the event. The Town Board may require additional notice, including but not limited to publication and signage, based upon the circumstances involved in each application, as necessary. Said notice shall include the date, time and location of the proposed special event. Notwithstanding the foregoing, the Town Board shall have the discretion to waive any application requirement set forth in §205-1B(1 )-(3) above. August 25, 2009 Page 53 Southold Town Board Meeting Minutes C. Town Board Review Criteria: In determining whether to issue a special events permit on an application for an event on or utilizing public property owned, leased or controlled by the Town, the Town Board of the Town of Southold shall consider the following: (1) (2) (3) (4) (5) (6) The size of the premises in relation to the number of people attending the event; The sufficiency of arrangements made to control traffic, parking, noise, lighting and refuse; The frequency of events proposed or approved for the premises and whether the frequency is so great that the events constitute a persistent usage of the property incompatible with its character or with that of the surrounding area; Conflicts with ordinary public use of the land or facilities involved; Whether the applicant has been convicted for failure to comply with the terms of this chapter within the past three years; and Special events are strongly discouraged at Town beaches and parks from the Friday before the observance of Memorial Day until Labor Day. Applications for tents under this Chapter must be submitted to the Building Department. [Amended 1-16-2007 by L.L. No. 3-2007] Ifa winery holds an outdoor event, for profit, at which the expected attendance exceeds the maximum occupancy of the public area of the building, the winery must obtain approval from the Zoning Board of Appeals. An application shall be accompanied by a fifty-dollar fee. In granting such approval, the following factors must be considered: (1) (2) (3) (4) All parking must be off street and traffic control must be provided by the winery. Adequate sanitary facilities must be provided. All food must be catered and prepared off site. Events for 300 or more people require preparation of a traffic control plan. All other public activities which are not a permitted use under the Southold Town Code shall require the approval of the Zoning Board of Appeals. G. Penalties for Offenses. An offense against the provisions of this Chapter shall constitute a violation of this Chapter and shall be punishable by a fine of not more than $2,500. IlL SEVERABILITY August 25, 2009 Page 54 Southold Town Board Meeting Minutes 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 - Reso ut on RES-2009-730 [] Adopted Yes/A e NofNa Abstain Absent [] Adopted as Amended Y Y [] Defeated William Ruland , Voter [] [] [] [] Vincent Orlando Voter El [] [] [] [] Tabled [] Withdrawn Albert Krupski Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Initiator [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Seconder [] [] [] [] Scott Russell [] Rescinded Voter [] [] [] [] 2009-731 CA TEGOR Y: DEPARTMENT: Planning Town Attorney Approval of P&E, LLC ODA WHEREAS, on August 10, 2009 the Southold Town Planning Board granted Sketch Approval on the Sketch Plat prepared by Howard W. Young, L.S., dated May 27, 2009 and last revised on July 2, 2009 for a Conservation Subdivision pursuant to 240-26(A) of the Town Code; and WHEREAS, the Town Board has received a petition from P & E, LLC to establish an open development area pursuant to Chapter 240 of the Town code on property identified as part of SCTM #1000-120-3-11.11 and located in the A-C zoning district; and WHEREAS, the requested Open Development Area is located on 3.78 acres of the 22.17 +/- acre parcel with the Open Development Area consisting of three lots of approximately 1.26+/- acres per lot and the remaining 18+/- acres to be acquired by the Town using Community Preservation Funds and subject to a development rights easement; and WHEREAS, on August 11, 2009 the Town Board adopted a resolution accepting the petition as complete and setting the public hearing for August 25, 2009; and WHEREAS, on August 25, 2009, the Town Board held and closed a public hearing on the proposed establishment of the Open Development Area; and WHEREAS, the Town Board finds that the requirements for the establishment of an Open Development Area pursuant to Southold Town Code Chapter 240, ARTICLE VIII, Open Development Area have been met; and August 25, 2009 Southold Town Board Meeting Minutes Page 55 WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; now, therefore be it RESOLVED that the Town Board of the Town of Southold establishes itself as lead agency and, as lead agency, makes a determination of non-significance and grants a Negative Declaration; and it is further RESOLVED that the Town Board of the Town of Southold hereby grants approval for the establishment of an Open Development Area for P&E, LLC on the map prepared by Howard W. Young, L.S., dated May 27, 2009 and last revised on July 2, 2009 subject to the following conditions: 1. The approval of the Open Development Area shall not be valid if the Sale of the Development Rights to the Town is not completed and a copy of the recorded deed of development rights is not submitted to the Town of Southold Town Board on or before one year from the date of this approval. 2. Submission and recording with the Suffolk County Clerk of covenants and restrictions on the Open Development area containing the following provisions: a. The establishment of a perpetual vegetative buffer on each lot between the agricultural use and the residential use properties. The buffer shall be comprised of evergreen plants of such type, height, spacing and arrangement as will effectively screen the activity on the lot from the agricultural area. As a minimum, the planting shall consist ora double row of trees 6 feet in height planted at intervals of 10 feet on center. b. All landscaped areas shall contain indigenous, drought tolerant vegetation in landscaping to minimize irrigation and the use of synthetic fertilizers and herbicides. c. All driveways shall be constructed of a pervious material. d. Installation of gutters, leader and drywells. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board of the Town of Southold has determined that this action is consistent with the LWRP. · ~' Vote Reeord- Resolution RES-2009-731 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] [] [] Withdrawn [] Supervisor's Appt Thomas lq. Wickham Initiator [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Seconder [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] August 25, 2009 Page 56 Southold Town Board Meeting Minutes 33. Motion To: Motion to recess to Public Heating COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUSI MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell VI. Public Hearings 8/25/09 4:32 Pm - LL/Amendments to Special Events COMMENTS - Current Meeting: RESOLVED that the Town Board of the Town of Southold hereby declares this heating closed at 8:23 PM RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Councilman Thomas Wickham COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Sonthold, Suffolk County, New York, on the 28th day of July 2009, a Local Law entitled "A Local Law in relation to Amendments to Special Events" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 25th day of August, 2009 at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law in relation to Amendments to Special Events" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to Amendments to Special Events". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - To limit the applicability of the legislation specifically to apply to special events held on property owned, leased or controlled by the Town and to expand the August 25, 2009 Page 57 Southold Town Board Meeting Minutes II. jurisdiction of the ZBA to include special events held on land used in aghculture. Chapter 205 of the Code of the Town of Southold is hereby amended as follows: § 205-1. Certain entertainment restricted; permit required. To preserve public peace and good order and to prevent tumultuous assemblages, the following special events shall be prohibited in the Town of Southold, unless a permit is obtained in accordance with the requirements set forth below: (1) All events or activities occuning on public property owned, leased or controlled by the Town, having more than 50 persons in attendance, open to the public, conducted outdoors, with or without an admission or invitation fee, a sponsorship, or requested donation and held on a one-time or occasional basis, including but not limited to carnivals, circuses, fairs, bazaars, outdoor shows, parades, walks, runs, marathons or bicycle races are prohibited in the Town of Southold, unless a permit is obtained in accordance with the requirements set forth below. (2) Outdoor events at a winery, for profit, at which the expected attendance exceeds the maximum occupancy of the public area of the building. Application for events on or utilizing public property owned, leased or controlled by the Town: (1) All applications for a special events permit shall be made to the Town Board of the Town of Southold at least 60 days prior to the proposed date of the event and filed with the Town Clerk, together with a fee of $100; $250.00 clean-up deposit fee; and a Certificate of Insurance not less than $1,000,000.00 naming the Town of Southold as an additional insured during the time of the event. (2) Where the Town Board determines that there is no specific Town benefit from the event or that the event is conducted for profit, a deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police and highway costs associated with the event. After the event, the deposit will be used to cover such costs. (3) Upon filing an application for a special event on public property owned, leased or controlled by the Town, the applicant shall send written notice to every property owner abutting or adjacent to the public property, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the public property owned, leased or controlled by the Town that is the subject of the August 25, 2009 Page 58 Southold Town Board Meeting Minutes application. For applications for a special events permit for a parade, walk, run, marathon, bicycle race, or similar events, notice shall be given to property owners abutting or adjacent to the location of the commencement of the event and to all property owners abutting or adjacent to the location of the terminus of the event. The Town Board may require additional notice, including but not limited to publication and signage, based upon the circumstances involved in each application, as necessary. Said notice shall include the date, time and location of the proposed special event. (4) Notwithstanding the foregoing, the Town Board shall have the discretion to waive any application requirement set forth in §205-1B(1)-(3) above. C. Town Board Review Criteria: In determining whether to issue a special events permit on an application for an event on or utilizing public property owned, leased or controlled by the Town, the Town Board of the Town of Southold shall consider the following: (1) The size of the premises in relation to the number of people attending the event; (2) The sufficiency of arrangements made to control traffic, parking, noise, lighting and refuse; (3) The frequency of events proposed or approved for the premises and whether the frequency is so great that the events constitute a persistent usage of the property incompatible with its character or with that of the surrounding area; (4) Conflicts with ordinary public use of the land or facilities involved; (5) Whether the applicant has been convicted for failure to comply with the terms of this chapter within the past three years; and (6) Special events are strongly discouraged at Town beaches and parks from the Friday before the observance of Memorial Day until Labor Day. Applications for tents under this Chapter must be submitted to the Building Department. [Amended 1-16-2007 by L.L. No. 3-2007] Ifa winery holds an outdoor event, for profit, at which the expected attendance exceeds the maximum occupancy of the public area of the building, the winery must obtain approval from the Zoning Board of Appeals. An application shall be accompanied by a fifty-dollar fee. In granting such approval, the following August 25, 2009 Page 59 Southold Town Board Meeting Minutes factors must be considered: (1) All parking must be off street and traffic control must be provided by the winery. (2) Adequate sanitary facilities must be provided. (3) All food must be catered and prepared off site. (4) Events for 300 or more people require preparation of a traffic control plan. F. All other public activities which are not a permitted use under the Southold Town Code shall require the approval of the Zoning Board of Appeals. G. Penalties for Offenses. An offense against the provisions of this Chapter shall constitute a violation of this Chapter and shall be punishable by a fine of not more than $2,500. 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. So that is the only real part of legislation that is out for public hearing this afternoon, is to clarify the meaning of municipally owned land to mean town owned land and to not bring under the net those lands held by other municipalities. As lands on which people wishing to host special events would need to have a permit. Councilman Krupski COUNCILMAN KRUPSKI: The way the legislation was originally written it included inadvertently park districts and firehouses, things like that. That was not the Board's intention, so this is correction to the original legislation. Supervisor Russell COUNCILMAN WICKHAM: In the file I have a notice that it has appeared on the Town Clerk's bulletin board out there, the legal notice in the newspaper included it and I guess that is really all I have in the file. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular August 25, 2009 Page 60 Southold Town Board Meeting Minutes public hearing? Mr. Wills? Frank Wills, Mattituck FRANK WILLS: Good evening. Frank Wills, Mattituck. I have a question. In the definition it says all controlled by. What does that mean? SUPERVISOR RUSSELL: I presume a lease hold interest. We control lands based on lease such as a substantial sized parking lot in Cutchogue, I would suspect that that was what the reference is, if we are controlling it through, as a lessee or if we have a management agreement, contract. MR. WILLS: So it does not cover places that are described by zoning regulations? SUPERVISOR RUSSELL: No, it, no it, actually this is an issue of ownership and control of the Town's ownership extends into all sorts of different zoning categories. The idea is what is a public space versus a not so public space. We are erroneously included governmental entities such as park districts, which really aren't public spaces in the context of everything the town governs. They are smaller. MR. WILLS: Thank you. SUPERVISOR RUSSELL: Okay. Would anybody else like to address the Town Board on this public hearing? Chris? Chris Baiz, Souuthold CHRIS BAIZ: Good afternoon, Chris Baiz, Southold. Under the purpose, I would just like some clarification for the community at large when you included in this, I guess in a previous legislation that has been on the books since, over to you guys, what was the original? TOWN ATTORNEY FINNEGAN: 1994. MR. BAIZ: 1994. That is what I thought. Okay, fine. And I am not quite sure under the purpose heading where you say and to expand the jurisdiction of the ZBA to include special events held on land used agriculturally. SUPERVISOR RUSSELL: Let me just address that. What we would like to do is since special events are permitted on wineries, if there are other aghcultural operations, we would like to include them in being able to have special events. We don't want to create a law that only allows it on one type of agriculture. Other types should be able to avail themselves of that as well. We have had some difficulty in applying that to this code because wineries have all gone through a review process that accounts for parking and all of those things that we need to do as a town to make sure that they are situated, these special events, in the right location. We are trying to get there where we can include other agricultural operations, we just want some sort of type of informal review process so that we know that the places that are going to host special events can accommodate them. August 25, 2009 Page 61 Southold Town Board Meeting Minutes MR. BAIZ: Is all of this, both the original law and the amendment here presented meant to go through the ZBA for the process, is that the idea? Is that where you apply .... SUPERVISOR RUSSELL: It has always been the case since the law was passed in 1994. The ZBA doesn't actually go through a heating, they do an administrative review, so you apply to the ZBA and there is no vote, the ZBA reviews the application in house and issues the approval. MR. BAIZ: Right. Okay. And then in 205-1B4, not withstanding the foregoing, the Town Board shall have the discretion to waive any application requirements of the above three in B1, 2 or 3 or all. Again, I am presuming this applies only to the town owned, town leased or town controlled lands? SUPERVISOR RUSSELL: Yes. Special events that are applied for to be held on town property. MR. BAIZ: Okay. And again, I guess my only concern in 4 is that I mean, is the issue of transparency. And you know, suddenly somebody has got a permit because the Town Board waived but somebody else doesn't get a permit because 1, 2 or 3 or all of the 3 have not been waived. I mean, what is the thinking process that we are going to use here that one permit applicant has to go through 1, 2 or 3 and another just gets to 4 as a free ride. You know, I just .... COUNCILMAN KRUPSKI: Sure. COUNCILMAN WlCKHAM: I would like to address some of this. MR. BAIZ: Sure COUNCILMAN WICKHAM: There are some real questions along the lines that you are asking. But the legislation in front of us this afternoon does only one simple thing. All it does is clarify, when we formally said municipally owned land it refers only to town owned land and that is the only thing that is out here today. MR. BAIZ: I understand. COUNCILMAN WICKHAM: The questions that you are addressing referred to the earlier legislation that we put in place and which some of it is referred to but we are not acting on that tonight. SUPERVISOR RUSSELL: Chris, it is a fair point. MR. BAIZ: Even in the context of what we have on the table today. SUPERVISOR RUSSELL: It is a fair question to be raised. It was addressed for the public heating when we originally passed this legislation. I think the goal was that we have a lot of requests for use of town lands. Some that comes at a substantial cost to the town, leasing etc. The idea was to separate those public benefit events from proprietary events. We have an event August 25, 2009 Page 62 Southold Town Board Meeting Minutes each year, this all, you might remember the discussion over the triathlon, which is a private venue done by a private company but utilizes a lot of police presence because of the closing of roads. The idea was to tell the applicants, you know, we ought to be able to reimburse the taxpayers for participating in your money making venture. At the same time, we have private, not for profit's pursuing charitable works for the community. It was to bring some distinction to that, they are not the same. MR. BAIZ: I appreciate that and that is sort of why I bring it up and is there not a way to include in this, as much as you have just stated, whether it is for a private eleemosynary event or a community eleemosynary event. SUPERVISOR RUSSELL: I think we did that for the original, I will cull that out for you, but the original public hearing was for the law itself, not for this small change. And I think we included all of that in the criteria that the attorneys outlined for us. MR. BAIZ: Just so that the applicant, when an applicant applies, understands that some guy or some permit that is on to be done on a town piece of property, controlled, owned or leased, that because it is a community thing and I don't know whether something like Eastern Long Island hospital fits that criteria and therefore goes straight to paragraph 4 but you know, somebody running a little sports event for some other private reason or whatever has to stop at 1, 2 or 3, I mean, I think it would be more transparent to the community if that is so stated in the requirements for the permit. SUPERVISOR RUSSELL: Yeah, I think we did that but I will double check and if not, we will make sure, that is a fair point. A very fair point. MR. BAIZ: Okay. Thank you very much. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? Dr. Dan Damianos, Pindar Vineyards DR. DAN DAMIANOS: Just two simple questions, number one, some clarification I should say. all food must be catered and prepared off site. Does that mean that if a caterer comes in with a large bus etc. that is approved by the Department of Health and is doing something, cooking on site, does it mean that you have to be off site completely to have that? SUPERVISOR RUSSELL: I don't know what the original intent was. TOWN ATTORNEY FINNEGAN: That is only for events at a winery because wineries don't generally have cooking facilities on site. I think .... SUPERVISOR RUSSELL: Well, I think that is what the doctor is asking. As a practical reality it isn't the case, so I don't imagine, again, we are not passing this new law, this has been around for a long, long time. DR. DAMIANOS: It is just, it is not in my place, but there are some that will bring in a caterer August 25, 2009 Page 63 Southold Town Board Meeting Minutes for instance and they will bring .... COUNCILMAN ORLANDO: A barbeque. SUPERVISOR RUSSELL: They can generally cook on site .... DR. DAMIANOS: This tells you it is offsite. SUPERVISOR RUSSELL: I can't speak to the intent of the original legislation that was passed but the presumption needs to be, I think, that it was intended so that the cooking was taking place not within the winery building but at a separate, in other words, we weren't issuing permits to allow for kitchens. COUNCILMAN WICKHAM: The original intent was not to have full restaurants as part of the wineries. Yes, this language I think is faithful to that. DR. DAMIANOS: Generally when most people have these events, they will have a caterer who will have obtained a Department of Health permit. SUPERVISOR RUSSELL: That is right. COUNCILMAN WlCKHAM: But that all is not really the subject of tonights .... SUPERVISOR RUSSELL: No, but it raises a good point with the ambiguity. The ambiguous language is a good point, maybe we need to correct that when we set about including more agricultural properties. DR. DAMIANOS: Okay. COUNCILMAN KRUPSKI: And that is also, I think if you read all of the E, it says that if a winery holds an event with the expected attendance exceeds a maximum occupancy of a public building, then all of that language kicks in. That is the way I read it, anyway. SUPERVISOR RUSSELL: But we will get some clarification, this is a work in progress now. Like I said, we are going to address it to expand the opportunities to other ag operations and we will take the ambiguity of that language up and try to be more consistent with what the reality is out there. DR. DAMIANOS: The other question I had, perhaps is very naive of me to ask but when we talk about the town owning or having a parcel of land that they control, does that include agricultural land that has had their development rights sold to the town? COUNCILMAN WICKHAM: That is a good question but I don't think the Town Board intends it that way. August 25, 2009 Page 64 Southold Town Board Meeting Minutes o DR. DAMIANOS: Okay. COUNCILMAN WICKHAM: Although technically you have a point, if the town has acquired the development rights, the town owns a certain rights to those properties but I don't think we have taken that interpretation. SUPERVISOR RUSSELL: No. That actually never even came up in our discussion, it is a fair point. DR. DAMIANOS: Okay. Thank you very much. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this particular legislation? (No response) 8/25/09 4:33 pm - P&E, LLC Open Development Area COMMENTS - Current Meeting: RESOLVED that the Town Board of the Town of Southold hereby declares this hearing closed at 8:34 PM. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Councilman Wickham COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 240 (Subdivision of Land), Article VIII (Open Development Area), of the Town Code, the Town Board of the Town of Southold hereby accepts the petition of P&E~ LLC to establish open development area as complete~ and hereby sets Tuesday~ August 25~ 2009~ at 4:32 p.m.~ Southold Town Hall~ 53095 Main Road~ Southold~ New York~ as the time and place for a public hearing for the establishment of an open development area on proper.B, owned by P&E~ LLC, said property is identified as part of SCTM #1000-120-3-11.11, with an address at 5655 Aldrich Lane, Laurel. The property is located in the A-C zoning district and is on the westerly side of Aldrich Lane, approximately 1,200 feet south from the intersection of Aldrich Lane and Sound Avenue in Laurel, New York. The proposed open development area is located on 3.78 acres of the 22.17+ acre parcel. The open development area consists of three lots of approximately 1.26+acres per lot. The development rights of the remaining 18 +acres are to be acquired by the Town using Community Preservation Funds and subject to a development fights easement. FURTHER NOTICE is hereby given that a more detailed description of the above-mentioned petition to establish an open development area is on file in the Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. August 25, 2009 Page 65 Southold Town Board Meeting Minutes I have a notice here that it has appeared, this legal notice has appeared in the local newspaper and it has also appeared on the Town Clerk's bulletin board outside. I have a certification from the Planning Board and from the Planning Department. This is a memo to the Town Clerk from the Town Planning Director dated August 11th. 'As per your request of August 3rd, attached please find a copy of the August l0th Planning Board resolution granting sketch plan approval for the plat prepared by Howard Young, dated May 27, 2009 revised on July 29 for the proposed conservation subdivision of P & E LLC in the care of Peter Harbes. The Planning Board has carefully reviewed the petition submitted by the applicant requesting the creation of an open development area and finds the petition to be complete and correct. The Planning Board would like to note however, that although the Southold Town code article 8 open development area section requires the following to be submitted to the Town Clerk's office prior to the creation of an open development area, namely an executed easement between the property owner and one of the following entities, the town, the county etc. etc., despite that, an executed contract for the sale of development rights on the 18.37 acres exists and is on file with the Town Land Preservation Department. The Planning Board recommends that their approval to create an open development area for this project be conditioned upon the following namely the approval of the open development area shall not be valid if the sale of development rights to the Town is not completed and a copy of the recorded deed is not submitted to the Town on or before one year from the date of this approval. The Planning Board further recommends that the Board consider placing covenants and restrictions on the open development area based upon the Town's LWRP recommendations which are listed below. 1. To minimize use conflicts in lieu of section 161 on street, trees and the clearing requirements of the Southold Town code, consider the establishment of a perpetual vegetative buffer on each lot between the agricultural use and the residential use properties. It is recommended specifically that the buffer be comprised of evergreen plants of such types, height, spacing and arrangement as in the judgment of the Planning Board will effectively screen the activity on the lot from the agricultural area. At a minimum, the plantings shall consist of a double row of trees, six feet in height planted in intervals of 10 feet on center. 2. To further policy # 5, to protect and improve water quality and supply in the Town and protect and improve water quality supply in the area, the following best management practices are recommended. 1. Require that all landscape areas use indigenous drought tolerant vegetation and landscaping to minimize irrigation and the use of synthetic fertilizers and herbicides. 2. Require that all driveways be constructed of pervious materials to minimize stormwater impacts. 3. To require the installations of gutters, leaders and drywells to minimize stormwater impacts.' I also have a letter dated August 11, 2009 addressed to the attorney for Mr. Harbes. This is sent by the chairman of the Town Planning Board, regarding sketch approval. Dated August 25th, wow, I have got lots of things here, the one I just quoted is sketch approval for the conservation subdivision; this is a formal approval and the final notice is 'resolved that the Southold Town Planning Board hereby grants sketch approval on the sketch plat prepared by Howard Young dated May 27th and last revised on July 29th.' The Planning Board also has a negative declaration dated August 25, 2009, wow, this is right up to date. 'This notice is issued pursuant to part 617 of the implementing regulations pertaining to article 8 of the environmental law. The Southold Town Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a draft environmental impact statement will not be prepared. The name of the action is the proposed open development area for P & E LLC and it August 25, 2009 Page 66 Southold Town Board Meeting Minutes lists the tax map number, location etc. and the description. The reason supporting this determination, an environmental assessment form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned.' And it shows the determinations that it was based upon. And I have a memo from the principal planner, Mark Terry dated August 24, 2009 which, don't need to worry about that, cover letter and I believe that is about all I have in this file. It has appeared as a, those are the only relevant, significant aspects in the file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this? Tamara Sadoo, Planning Dept Staff TAMARA SADOO: Good afternoon, Tamara Sadoo, I am a planner in the Southold Town Planning Department. Member Wickham just did a good job of summing up exactly what the creation of this open development area is. I will just repeat briefly that this is a request to establish an open development area, the property is in Laurel, it is located in the AC zoning district. The total acreage of the site is 22.17 acres and the open development area will consist of 3.78 acres. Right now it is proposing to establish three lots, each approximately 1.26 acres and that will be preserved to allow the applicant to do that in the future. The remaining 18 some acres will be acquired by the Town using the Community Preservation fund, subject to development rights easement and will perpetually keep that amount of property in agricultural use. The Planning Board, as Member Wickham reviewed, looked at this application, we reviewed it as a conservation subdivision, we held a public hearing on it earlier this year August l0th, this summer and granted sketch approval on the application. I think that is essentially it. COUNCILMAN WICKHAM: I think most people understand by now, quite clearly, the purchase of development rights but an open development area is a new concept. We have gone through the legal steps, could you describe to the Board and others what an open development area really means? MS. SADOO: Sure. An open development area essentially is, you start out with a conservation where in this instance, well, a minimum of 75% of the land needs to be preserved, remain, you know, in perpetuity, preserved for agricultural use. In this case they are preserving just over 80% of the land. The open development area is a portion that is taken out of the preserved area and the current zoning in this instance AC zoning, whatever is allowed now under current zoning will be allowed in the future. Sort of locking in zoning today so that when you come in, for example if you are not quite sure what it is you want to do on that remaining acreage or you know, economically if you are not ready or you are still thinking about it, you don't have to develop right now but down the road 10, 15, 20 years from now, you can come back and say I have created this open development area, I have preserved this amount of land, I have sort of locked this few acres into place and I would like to now come in and develop this area. COUNCILMAN WICKHAM: Thank you. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board? Mr. Cuddy? August 25, 2009 Page 67 Southold Town Board Meeting Minutes Charles Cuddy, Attorney CHARLES CUDDY: Good afternoon, I represent P & E LLC. Just very briefly, it says two things really. It encourages conservation subdivisions and I think what it really does is it permits future approval of lots based on present zoning. And I think that is the real purpose of the open development area. And it is going to do this and we thank everybody for their entertaining it and hopefully, we will receive your approval. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on this? Councilman Krupski COUNCILMAN KRUPSKI: There is just one thing, at the, one of the conditions that the Planning Board put on this, it says installations of gutters, leaders and drywells, I don't know, I can't remember what the language is in the drainage code but it should probably say something like to contain roof runoffon the buildings, just to be a little more descriptive. Tamara Sado MS. SADOO: We can also make a note of that in our own records, that when the applicant does come back... SUPERVISOR RUSSELL: Still subject to 236. MS. SADOO: Correct. It is subject to 236 over all. COUNCILMAN KRUPSKI: Right. Thanks. SUPERVISOR RUSSELL: Okay. JUSTICE EVANS: I make a motion we close the heating. Closing Statements Supervisor Russell SUPERVISOR RUSSELL: That concludes the business of the agenda. Would anybody like to come up and address the Town Board on any issue? Peter Terranova, Peconic PETER TERRANOVA: As promised, I am back. Peter Terranova, Peconic. First I want to thank the Town Board members who responsibly voted no to resolution 710. for those of you who voted yes, there are going to be resolutions I am sure or issues coming before the Town Board for money in order to fully fund the studies and the work that needs to be done, as inadequate as the final scope is, it does contain a significant amount of work and money on the part of some outside consultant in order to achieve all of the items stated here. Again, as inadequate as it is. Rest assured I am going to insist that every item be done and I believe you are probably out of a $40,000 initial grant, so that money is money the town does not have. But this project, you know, the total project is pure pork and it is the worst type of pork because it August 25, 2009 Southold Town Board Meeting Minutes Page 68 benefits no one in the town. It will not restore beachfront to the east. It will increase the amount of maintenance dredging at the inlet and will increase the risk of storm damage to the homes of Peconic Sound shores and on the bluffs to the immediate west. You have heard all of that. This is a lose/lose project. Make no mistake, if you update the project cost, not including the work you need to do just to get to, you know, shovel ready, you are talking well over $1,000,000. Why don't you just go buy an annuity and use the annual income from the annuity to employ, to hire unemployed local citizens who are looking for work, buy the shovels and wheelbarrows from Hart's hardware and let them transport the thousands of cubic yards of sand that naturally accumulate in front of the inlet mouth every year and transport that to the beach to the east. This way the town gets some benefit. You would also avoid overpaying the likes of Chesterfield Associates every time the inlet has to be dredged. Now one can only conclude that there is some unstated reason for the town to pursue this project. Maybe it is a political favor to some constituent, who just doesn't like the jetty. Maybe it is an attempt to pacify the influential homeowners to the east, who have lost beachfront to natural erosion even though the town's own study definitively states that no amount of jetty shortening will deposit one grain of sand in front of any home now threatened by beach erosion. Maybe it is a quid pro quo for some other issue, I don't know. I am not a politician, I am not a political person. I voted republican all my life because more often than not, those candidates who run on the republican platform reflect the conservative values that have guided me in my life. But as we know and as we witnessed tonight, neither party has a monopoly on arrogance and doing the wrong thing. Frankly, this whole thing is beginning to smell like a creek full of dead bunker. Those of you that voted for this resolution tonight kind of told every town resident how you now wish to be viewed, as politicians who pursue a policy in deference to the facts and willing to ride roughshod for political reasons, unstated reasons, over a small community of honest, taxpaying citizens who only want to live in safe, peaceful enjoyment of the homesteads they have invested in. you know, the real travesty here is the amount of time and resources that have been spent over the years to shorten the jetty. Instead of focusing on solutions to the problems faced by the likes of Lynn Laskos over in Arshamomaque. I met Lynn this past weekend and have a great deal of respect for her persistence and tenacity. She does not blame others for her plight. She does not ask that the erosion protection that others are fortunate to enjoy be dismantled. She only asks for help and for that reason, she deserves it. Thank you very much. COUNCILMAN WICKHAM: I would just like to respond that there is an implication that some of us were motivated by political or other factors. I have been concerned about this problem for almost 20 years, since I first joined the Board. There have been numerous scientific research modeling studies. I have been convinced on a technical basis that shortening the jetty is in the long term interests of the town, of a number of residents there and it will have minimal damage to those people who believe they may suffer more. There is no implication that I am prepared to accept of political or otherwise, other motivation than a scientific assessment, to the best of our ability, that what we are proposing to do here is the right thing for the town. MR. TERRANOVA: Tom, thank you. I invite you to spend an hour with me, for a short shoreline cruise, if you are willing. To see the real reason why the littoral drift has dried up in the cell between Duck Pond Point and Horton's Point. Okay? I am making that invitation... August 25, 2009 Page 69 Southold Town Board Meeting Minutes. COUNCILMAN WICKHAM: Why don't we make it to the whole Board? MR. TERRANOVA: I have already made it to a number of them. I have already taken one councilmember on a short cruise. I wish you all would avail yourselves, I have always stated that I was willing to spend any time that the Board would want for me to show you some of the things, the events, the situations. And I am not looking to tear down other things, okay? But it is very evident, you get a completely different perspective when you go and you look at the shoreline and what has occurred, some of it naturally, some of it man-made. And that is what has reduced the amount of sand and sediment that is flowing to the beaches, okay? the basic problem with the study that you folks are making your decision on is number one, is the modeling study. Now I can construct a mathematical model, make certain assumptions and prove to you that 2 and 2 is 5 for large values of 2, okay. but what really happens here is that they based the long shore transport of sediment based on how much time it took for the filet of sand to build up behind the jetty. And they said, okay, it took so many years and it is so many cubic yards, so they said that is the amount of long shore transport. The problem with that analysis is is that the source of that sediment was the bluffs to the west and if you go and look at it on the shorelines, for natural reasons we haven't had a major hurricane so vegetation has been allowed to grow on those bluffs, large homes have been built on those bluffs and they have been allowed to build bulkheads on the bluff toes that has stopped the natural source of sand that was replenishing all of our beaches. And again, I am not advocating things be dismantled, because those folks have a right to protect their property too but you need to understand the reasons. The modeling study didn't take any of that into account. We reviewed that with you. So in the face of this scientific evidence and empirical evidence and data and my own eyes, okay, I can only conclude that there are other reasons why you want to pursue this project. How many of you have been in a boat and gone in this area and looked at it? I doubt any of you have. Okay, I am making the invitation. To anyone. You all have my number. Call me up when there is a southwest wind, the water is very calm. I only have a very small boat, okay. Southwest winds, the water is very calm, we stay in the lee, there is no problem. I have all the Coast Guard equipment, radios and all that other stuff. If there is a northwest wind, you can't do it. Because the water is rough. COUNCILMAN WICKHAM: Thank you. MR. TERRANOVA: Okay. COUNCILMAN KRUPSKI: I would just like to address your comment about some sort of political motivation for any of this. That is, and I have heard this sort of thing before when people don't feel like they are getting their own way, they look for anything to blame the Board but when you have two Republicans and two Democrats voting for this, I don't see how you can look at some sort of sinister political motivation behind .... MR. TERRANOVA: Again... COUNCILMAN KRUPSKI: Let me finish though. August 25, 2009 Page 70 Southold Town Board Meeting Minutes MR. TERRANOVA: Albert, I said, Albert, I said I didn't know. Okay. COUNCILMAN KRUPSKI: But you have to let me finish. MR. TERRANOVA: Okay, go ahead and finish. COUNCILMAN KRUPSKI: Some of these things, when people live near them, they always become emotional issues and people get involved and it is a good thing when people get involved, believe me. And we need public input to make good decisions. This has been a problem since, and it has affected the coastline and the shoreline erosion processes since it was built, okay? and nobody wants to address it. And then on the other hand, people say why doesn't the town do something about it? Well, if any of these Board members go and take a look at it and either from experience or just go and take a look and take a guess, we should do, we should remove it, we should remove part of it, we should build a second one, we should build a series of them to the west, we should build a series of them to the east? What kind of background, what kind of credibility, what is the basis for that statement? So then the Town Board, in a thoughtful decision said we have to some kind of coastline study, alright, to study the dynamics of sand movement on the shore and the dynamics of the waves and the energy and everything. So that study has been and a number of studies have been done over the years, okay, to take a look at this, to do, there is not going to be any study that is going to give you the black and white perfect answer because you don't know what is going to happen in the future. But the Board, by looking into this, the Board is going to do something, alright? Whether it does nothing, whether it adds to it, whether it takes something away. But without looking into it, the Board can't really make a good decision. And we just had this at another issue that the Planning Department, at the Board's direction, spent quite a bit of time looking into an issue in town and at the end of looking into it, the Board decided, I think the Board is going to decide against no action on this issue because you need the information to make a good decision. And that is why the Board, that was why I was convinced a year ago to keep moving this process forward, to go through and to collect more information and to make a decision. MR. TERRANOVA: Albert, I agree with you 100%. You refer to the study. The study was launched by the prior administration. The study was not launched to answer the questions that you just asked. If you just look at the title of the study, it says jetty shortening alternatives. In other words, the message that was given to your consultants was we are going to shorten the jetty. Give us some alternatives. That has been the basis, okay, for our arguments. Is that the study is invalid. The draft scope now and the final scope embraces that study and uses it as its basis. Now, the Town Board has decided to accept that final scope. It is inadequate because it doesn't address the real causes, the real issues here. Okay? Any impacts of this action. Okay? That is the point, what you're just saying is absolutely correct. Now, the fact that you may not have the money right now to go out and get the information that you need to make the type of intelligent decision that you aspire to doesn't mean you move forward with what you have got because what you have got is garbage. Okay? If I made the implication that there are political reasons, well, I am a novice at this. Excuse me. Thank you. COUNCILMAN WICKHAM: That is fine. August 25, 2009 Page 71 Southold Town Board Meeting Minutes Tom Foster TOM FOSTER: Tom Foster again and I am a lifelong Democrat. The fact that Peter and I agree on this may also be, (inaudible) balance against the Democrats and Republicans on the Board. When we moved here in 2008, purchased property in 2007. I am a newcomer, I don't have any background except what I have read. If Mr. Wickham can show me in any of those 20 years of studies, anything that says that removing the jetty or shortening the jetty will improve the erosion problems in Kenney's beach or anywhere east more than, let's say 1,500 feet, to the east of the Goldsmiths jetty or if he can show me any study that says there is going to be less dredging, then I would like to see that. I have read them all, I haven't seen that. Page 38 of the 1995, 2005 Corps of Army Engineers study says in the summary on page 38, it doesn't take long to read, that there are three alternatives, 33 %, 50 % and 100 %. Each one of those, according to the Army Corps of Engineer study will either increase or make the same amount of dredging necessary. There is nothing in that study which as Peter said was mandated by the town which has anything to do with a benefit to the town from shortening or eliminating the jetty. So, Mr. Wickham, if you have the time, I have the time. Show me what study you are relying on and I would be happy to discuss it with you and you could very well be right, I might have missed something. But I haven't seen it myself in all the studies that I have read. COUNCILMAN WICKHAM: I will see what I can find. MR. FOSTER: Thank you. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue.'? (No response) Move to adjourn. Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:53 P.M. Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell