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HomeMy WebLinkAboutAG-09/22/2009 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER www.southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER FINAL AGENDA SOUTHOLD TOWN BOARD September 22, 2009 4:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. CALL TO ORDER 4:30 PM Meeting called to order on September 22, 2009 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrival ??? Councilman William Ruland ??? Councilman Vincent Orlando ??? Councilman Albert Krupski Jr. ??? Councilman Thomas H. Wickham ??? Justice Louisa P. Evans ??? Supervisor Scott Russell ??? Town Clerk Elizabeth A Neville ??? Town Attorney Martin D Finnegan I. REPORTS 1. Justice Rudolph H. Bruer August 2009 2. Justice Louisa P. Evans August 2009 3. Justice William H. Price Jr. August 2009 4. Human Resource Center Monthly Report Southold Town Meeting Agenda - September 22, 2009 Page 2 August 2009 5. Engineers Monthly Report August 2009 6. Program for the Disabled August 2009 II. PUBLIC NOTICES 1. NYS Liquor License Renewal Empire Gas, 25 Main Rd., Southold 2. New Liquor License Application AKHW, LLC, 62980 Main Road, Southold III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 AM - Trustees Saltwater fishing license Removal of sunken vessel 2. Shellfish Permit Regulations Councilman Krupski 3. 9:45 AM - Heather Lanza Site plan requirements/dark skies Wireless facilities code Convenience stores 4. 10:45 AM - Howard Meinke, ARC Building Department applications 5. 11:00 AM - Jim McMahon Update on Pine Neck ramp 6. Comp Plan Update Public meeting for community stakeholders 7. LL Amendments to Minor Exempt Actions List of Waterfront Consistency Review Law 8. Wind Energy Southold Town Meeting Agenda - September 22, 2009 Page 3 9. B. D. Schriever Community Center Change of Zone 10. SCWA/ Laurel Lake Easement 11. LL/No Parking, Champlin Place 12. Ed Romaine’s Request: Mattituck Sewer Feasibility Study 13. Deer Meeting Follow-Up - Deer Management Task Force 14. Request to Reduce and Defer Park & Playground Fees, Onufrak 15. Artco Drainage Corp. Collection Case 16. 1:00 PM - Executive Session - Melissa Spiro Possible purchase of property and discussion of value 17. Executive Session - Litigation Ross Action 18. Executive Session - Labor - Resolution of Grievances 19. Executive Session - Contract Negotiations - PBA 20. Executive Session - Contract Negotiations - CSEA 21. Mattituck Historical Society V. RESOLUTIONS 2009-763 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit 9/22/09 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby September 22, 2009. ? Vote Record - Resolution RES-2009-763 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - September 22, 2009 Page 4 2009-764 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting 10/6/09 7:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, October 6, 2009 at the Southold Town Hall, Southold, New York at 7:30 P. M.. ? Vote Record - Resolution RES-2009-764 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-761 Tabled 9/8/2009 7:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL - No Parking Champlin Place WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 11 day of August, 2009, a Local Law entitled relation to No Parking Area on Champlin Place and Main Street, Greenport” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Boar of the Town of Southold hereby ENACTS the proposed Local “A Local Law in relation to No Parking Area on Champlin Place and Main Law entitled, Street, Greenport” reads as follows: LOCAL LAW NO. of 2009 Southold Town Meeting Agenda - September 22, 2009 Page 5 “A Local Law in relation to No Parking Area on Champlin Place and A Local Law entitled, Main Street, Greenport” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to provide for the health, safety and welfare of the citizens of the Town of Southold, the Town Board finds it necessary to enact these limited parking restrictions on Champlin Place in Greenport. II. Chapter 260 of the Vehicle and Traffic Code of the Town of Southold is hereby amended as follows: § 260-8. Parking prohibited at all times . The parking of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates “no parking”: Name of Street Side Location Champlin Place Both In Greenport, on both sides of Champlin Place from the intersection with Main Street, easterly for approximately 160 feet. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV.EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2009-761 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-765 Southold Town Meeting Agenda - September 22, 2009 Page 6 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to The Knights of Columbus, Marian Council, No. 3852 to Use Roads for Its Right to Life March in Cutchogue, on Saturday, October 17, 2009 Fiscal Impact: Event cost from Police $68.76 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Knights of Columbus, Marian Council, No. 3852 to use the following roads for its Right to Life March in Cutchogue, on Saturday, October 17, 2009 beginning at 11:45 AM: east on Main Road from Sacred Heart Church parking to Depot Lane, north on Depot to Sacred Heart Cemetery provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2009-765 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-766 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Relay for Life-2010 Fiscal Impact: Cost Analysis from Police $ 1876.64 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby American Cancer Society (Dawn Heard-representative) to use all of Jean Cochran Park on June 5 - June 6, 2010 (from 8:00 a.m. on 6/5/10 - 10:00 a.m. on 6/6/10). This is an overnight event. Applicant must file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as additional insured. Southold Town Meeting Agenda - September 22, 2009 Page 7 ? Vote Record - Resolution RES-2009-766 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-767 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk CNS Historical Council Close Cases Lane RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Cutchogue-New Suffolk Historical Council’s A day of Family Fun and History” on the Cutchogue Village Green, and to close Cases Lane from Route 25 to Fairway Drive, on Saturday, September 26, 2009 from 11:00 A.M. to 4:00 P.M., provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2009-767 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-768 CATEGORY: Employment - Town DEPARTMENT: Accounting Permanent Appointment Damon Rallis WHEREAS the Town Board of the Town of Southold has provisionally appointed Damon Rallis to the position of Zoning Inspector effective March 11, 2009 and Southold Town Meeting Agenda - September 22, 2009 Page 8 WHEREAS Damon Rallis has taken and passed the Civil Service examination for Zoning Inspector, and is reachable on the Suffolk County Department of Civil Service List of Eligible’s for the competitive position of Zoning Inspector, and WHEREAS the Town Board of the Town of Southold has determined that it is in the best interest of the Town to appoint Damon Rallis to the permanent position of Zoning Inspector from said List of Eligible’s, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Damon Rallis to the position of Zoning Inspector from the Suffolk County Department of Civil Service List of Eligible’s effective September 22, 2009 with no salary change. ? Vote Record - Resolution RES-2009-768 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-769 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Permanent Appointment Vicki Toth WHEREAS the Town Board of the Town of Southold has provisionally appointed Vicki Toth to the position of Building Permits Coordinator effective June 30, 2008, and WHEREAS Vicki Toth has taken and passed the Civil Service examination for Building Permits Coordinator, and is reachable on the Suffolk County Department of Civil Service List of Eligible’s for the competitive position of Building Permits Coordinator, and WHEREAS the Town Board of the Town of Southold has determined that it is in the best Southold Town Meeting Agenda - September 22, 2009 Page 9 interest of the Town to appoint Vicki Toth to the permanent position of Building Permits Coordinator from said List of Eligible’s, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Vicki Toth to the position of Building Permits Coordinator from the Suffolk County Department of Civil Service List of Eligible’s effective September 22, 2009 with no salary change. ? Vote Record - Resolution RES-2009-769 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-770 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Lightpath Project Fiscal Impact: Provide an appropriation for equipment and installation of equipment for data/voice/internet connectivity for Town Hall, Town Hall Annex, Police Headquarters, Highway, Human Resource Center, Recreation Center and Solid Waste facility. Completion of this project is expected to save the Town about $4,000 per month after the phase in of the new service from Lightpath and satisfaction of the Town's obligations to Verizon for the currently existing services (ending April, 2010). RESOLVEDmodifies the 2009 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.1990.4.100.100 Contingent, C.E. Unallocated Contingencies $ 40,000 To: A.9901.9.000.100 Transfers to Other Funds Transfer to Capital Fund $ 40,000 and be it further RESOLVEDestablishes the following that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - September 22, 2009 Page 10 Capital Project in 2009 Capital Fund: Capital Project Name: Lightpath Upgrade Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H.5031.90 Transfers from Other Funds $ 40,000 Appropriations: H.1680.2.200.300 Central Data Processing Equipment & Capital Outlay Data Services Lightpath Project $ 40,000 ? Vote Record - Resolution RES-2009-770 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-771 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification - Land Management Fiscal Impact: No budget line for Cell phone in the Land Management Coordination Budget RESOLVEDmodifies the 2009 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.1989.1.100.200 Overtime Earnings $400.00 To: A.1989.4.200.200 Cellular Service $400.00 Southold Town Meeting Agenda - September 22, 2009 Page 11 ? Vote Record - Resolution RES-2009-771 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-772 CATEGORY: Attend Seminar DEPARTMENT: Accounting Permission to Attend Civil Service Seminar in Haup RESOLVED grants permission to John that the Town Board of the Town of Southold hereby Cushman and Accounting Personnel (1) to attend a seminar on Civil Service issues in Hauppaugue on September 23, 2009. All expenses for registration and travel to be a legal charge to the 2009 Accounting budget (meetings and seminars). ? Vote Record - Resolution RES-2009-772 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-773 CATEGORY: Special Events DEPARTMENT: Town Clerk Eastern Outboard Racing Club to Hold a Regatta on Hashamomack Pond and Waive “Permit” Parking Regulations at that Location on Sunday, October 18, 2009 Fiscal Impact: STPD cost for event = $192.96 RESOLVED that the Town Board of the Town of Southold hereby grants permission for the Eastern Outboard Racing Club to hold a regatta on Hashamomack Pond and waive “permit” parking regulations at that location on Sunday, October 18, 2009 provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as additional insured; pay a Special Events fee of $100; a remuneration fee of $192.96 for police coverage; and a $250 clean up deposit (deposit to be returned after event upon Southold Town Meeting Agenda - September 22, 2009 Page 12 recommendation of Captain Flatley of the Southold Town Police Department; separate check required for cleanup deposit), and make a good faith effort to notify neighbors on Hashamomack Pond in advance of the event. Applicant must contact Captain Flatley to coordinate various aspects of the event. Support is for this year only as the Southold Town Board continues to evaluate the use of town facilities. ? Vote Record - Resolution RES-2009-773 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-774 CATEGORY: Grants DEPARTMENT: Land Preservation NOAA Grant Agreement Re: Stackler WHEREAS, pursuant to a Grant Agreement NA08NOS4190479 entered into between the Town of Southold and the National Oceanic and Atmospheric Administration in which the Town will be provided with financial support from the Coastal and Estuarine Land Conservation Program (CELCP) for the Town’s acquisition of the properties formerly and more commonly known as the “Stackler” properties (SCTM #1000-45.-5-7.1 & 7.2, 1000-47.-2-33 & 34, and 1000-53.-1- 18). Said properties will be maintained in perpetuity for conservation purposes and consistent with any other purposes identified in the Grant Agreement. The Town confirms its obligations with regard to these properties and the terms of the Grant Agreement, and acknowledges that it may not dispose of, exchange, encumber its title or other interest in, or convert the use of the properties without the approval of the National Oceanic and Atmospheric Administration or its successor agencies; now, therefore, be it RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute a Notice of Grant Agreement and Deed Restrictions on property formerly and more commonly known as the “Stackler” properties (SCTM #1000-45.-5-7.1 & 7.2, 1000-47.-2-33 & 34, and 1000-53.-1-18) that were acquired by the Town pursuant to Grant Agreement NA08NOS4190479 between the Town of Southold and Southold Town Meeting Agenda - September 22, 2009 Page 13 the National Oceanic and Atmospheric Administration - Coastal and Estuarine Land Conservation Program funds . Upon its execution, said Notice of Grant Agreement and Deed Restrictions will be forwarded to the Office of the Suffolk County Clerk for recording purposes. ? Vote Record - Resolution RES-2009-774 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-775 CATEGORY: Grants DEPARTMENT: Land Preservation NYS Ag & Mks Grant C800753 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute New York State Department of Agriculture and Markets Contract C800753Agricultural and Farmland Protection in connection with Implementation Grant in the amount of $530,459 for the term May 13, 2009 through November 12, 2013, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-775 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-776 CATEGORY: Attend Seminar DEPARTMENT: Accounting Permission to Attend NYBEAS Seminar Accounting Dep RESOLVED grants permission to John that the Town Board of the Town of Southold hereby Cushman and another to attend a NYSHIP Regional Meeting in Hauppauge, NY Southold Town Meeting Agenda - September 22, 2009 Page 14 on Thursday, October 22, 2009. All expenses for registration, travel to be a legal charge to the 2009 Accounting Department budget (meetings and seminars). ? Vote Record - Resolution RES-2009-776 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-777 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Salary Increase for Deckhand Robert Craft WHEREAS the Board of Commissions of the Fishers Island Ferry District adopted a resolution at their September 16, 2009 meeting to increase the salary of Deckhand Robert Craft to $11.00 per hour as a result of his obtaining his Captains license.The increase is to be effective retroactive to September 1, 2009, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby increases the salary of Deckhand Robert Craft to $11.00 per hour effective retroactive to September 1, 2009. ? Vote Record - Resolution RES-2009-777 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-778 CATEGORY: Grants DEPARTMENT: Planning Board Southold Town Meeting Agenda - September 22, 2009 Page 15 Authorize the Planning Department to Apply for the Local Waterfront Revitalization Program Environmental Protection Fund 2009-2010 Grant to Develop and Implement the Work Plan to Assess, Mitigate and Restore the Ecological Function and Values of Goldsmith Inlet with Local Match Not to Exceed $111,440.88 in In-Kind Services, Equipment and Other (Volunteer Services) WHEREAS , the Town Board authorized the Planning Department to develop the Work Plan to Assess, Mitigate and Restore the Ecological Function and Values of Goldsmith Inlet and submit the plan to the Local Waterfront Revitalization Program Environmental Protection Fund 2009- 2010 Grant, and WHEREAS , the Local Waterfront Revitalization Program Environmental Protection Fund 2009- 2010 Grant requires 50% local match of the total amount requested $222,881.76, and WHEREAS , the 50% local match totals $111,440.88 and is comprised of in-kind services, equipment and other (volunteer services), and WHEREAS of the $111,440.88 the New York State Department of State will reimburse 100% of the expenditures over the term of the grant, therefore be it RESOLVEDauthorizes the Town of , that the Town Board of the Southold Town Board Southold Planning Department to apply for the Local Waterfront Revitalization Program Environmental Protection Fund 2009-2010 Grant to develop and implement the Work Plan to Assess, Mitigate and Restore the Ecological Function and Values of Goldsmith Inlet with Local match not to exceed $111,440.88 in in-kind services, equipment and other (volunteer services) . I. Budget Summary Budget CategoryState AssistanceLocal ShareTotal Salaries and Wages 48,999.50 $48,999.50 Southold Town Meeting Agenda - September 22, 2009 Page 16 Travel Supplies and Materials 1,800.00 $1,800.00 Equipment 18,144.76 $18,144.76 Contractual Services 44,250.00 $44,250.00 Community Seminar Series 248.00 $248.00 Other (volunteer services) 65,142.88 44,296.62 $109,440.00 Total111,440.88 111,440.88 $222,881.76 ? Vote Record - Resolution RES-2009-778 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-779 CATEGORY: Landfill Misc. DEPARTMENT: Solid Waste Management District Authorize the Acceptance of Residential Brush and Tree Limbs at the Compost Facility in Cutchogue Free of Charge for the Period November 1 - December 31, 2009 RESOLVEDauthorizes the acceptance that the Town Board of the Town of Southold hereby of residential brush and tree limbs at the Compost facility in Cutchogue free of charge for the period November 1 - December 31, 2009. ? Vote Record - Resolution RES-2009-779 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-780 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center Southold Town Meeting Agenda - September 22, 2009 Page 17 Budget Modification HRC Fiscal Impact: Modification of funds within the Personal Services/Full Time Employees RESOLVEDmodifies the 2009 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: Programs for the Aging $425.00 Personal Services Appropriations: A.6772.1.100.200 Full- Time Earnings Overtime Earnings To: Personal Services Appropriations: $425.00 A.6772.1.100.300 Full -Time Earnings Vacation Earnings ? Vote Record - Resolution RES-2009-780 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-781 CATEGORY: Employment - Town DEPARTMENT: Human Resource Center Hire FT Food Service Worker HRC Fiscal Impact: This is filling an existing funded position. RESOLVEDappoints Jeffrey R.Knight that the Town Board of the Town of Southold hereby to the position of full-time Food Service Worker for the senior nutrition program at the Human Resource Center, effective September 24, 2009, at a rate of $25,917.12 per annum. Southold Town Meeting Agenda - September 22, 2009 Page 18 ? Vote Record - Resolution RES-2009-781 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-782 CATEGORY: Grants DEPARTMENT: Planning Board Authorize the Town of Southold Planning Department to Apply for the Environmental Protection Fund Local Waterfront Revitalization Program 2009-2010 Grant Proposal Entitled Implementing and Advancing the Town of Southold Local Waterfront Revitalization Program through the Implementation of the Town of Southold Hamlet Study II WHEREAS , the Town Board authorized the Planning Department to prepare a grant proposal to help fund the Comprehensive Plan Update, and submit it to the Environmental Protection Fund Local Waterfront Revitalization Program 2009-2010 Grant, and WHEREAS , the total amount of the grant proposal is $137,136, fifty percent (50%) of which will be reimbursed by the New York State Department of State, and WHEREAS , the term of the grant is September 2009 through September 2012, and WHEREAS , the Environmental Protection Fund Local Waterfront Revitalization Program 2009- 2010 Grant requires 50% local match of the total amount requested, and WHEREAS , the 50% to be matched by the Town totals $68,568 and is comprised of in-kind services, equipment, and other (volunteer services) expended over the term of the grant, therefore be it RESOLVEDauthorizes the Town of , that the Town Board of the Southold Town Board Southold Planning Department to apply for the Environmental Protection Fund Local Waterfront Revitalization Program 2009-2010 Grant proposal entitled Implementing and Southold Town Meeting Agenda - September 22, 2009 Page 19 Advancing the Town of Southold Local Waterfront Revitalization Program through the Implementation of the Town of Southold Hamlet Study II to be met with fifty percent match by the Town not to exceed $68,568 of in-kind services and other (volunteer services). Grant Budget Summary Budget Category State Local Total Assistance Share Salaries and Wages $9,551 $55,853 $65,404 Travel $2,387 $2,387 Supplies and Materials $9,430 $9,430 Equipment $10,000 $7,000 $17,000 Contractual Services $32,200 $32,200 Community Seminar Series $5,000 $5,000 Other (volunteer services) $5,715 $5,715 $68,568 $68,568 $137,136 Total ? Vote Record - Resolution RES-2009-782 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-783 CATEGORY: Budget DEPARTMENT: Accounting Cash Advance to Solid Waste District RESOLVED that the Town Board of the Town of Southold hereby authorizes temporary cash advances aggregating no more than $300,000 from the General Fund Whole Town to the Town of Southold Solid Waste Management District in accordance with General Municipal Law, Section 9-a. Southold Town Meeting Agenda - September 22, 2009 Page 20 ? Vote Record - Resolution RES-2009-783 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-784 CATEGORY: Tax Lien DEPARTMENT: Town Clerk Fishers Island Sewer District Rent Owed by Carolyn Juleen Doherty and Thomas F. Doherty, Jr. in the Amount of $2421.56 for the Year of 2009 Which Rent Remains Unpaid, Shall be Levied Against the Real Property of Carolyn and Thomas F. Doherty, Jr. (Carolyn Juleen Doherty SCTM #1000-12-1-2), RESOLVED that the Town Board of the Town of Southold, in accordance with Article XV, determines that Section 215-50 of Chapter 215 of the Code of the Town of Southold, hereby the Fishers Island Sewer District rent owed by Carolyn Juleen Doherty and Thomas F. Doherty, Jr. in the amount of $2421.56 for the year of 2009 which rent remains unpaid, shall be levied against the real property of Carolyn and Thomas F. Doherty, Jr. (Carolyn Juleen Doherty SCTM #1000-12-1-2), and shall be collected at the same time and in the same manner as Town taxes. ? Vote Record - Resolution RES-2009-784 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-785 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Postage Machine Lease Renewal RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute a lease agreement between Innovative Mailing & Southold Town Meeting Agenda - September 22, 2009 Page 21 Shipping Systems for the rental of their postage machine IM460 with 30 lb scale and a Model Meter LTFY 116 for a period of sixty (60) months beginning on date of installation in October 2009 through October 2014, in the amount of $295.00 per month, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-785 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-786 CATEGORY: Employment - Town DEPARTMENT: Human Resource Center Hiring FT Asst. Cook /HRC Senior Nutrition Program Fiscal Impact: Filling existing vacancy for FT Assistant Cook at the Human Resource Center. This position is essential for operation of our Senior Nutrition Programs for the Town of Southold. RESOLVEDappoints Gary Ostroski to that the Town Board of the Town of Southold hereby the position of a Full-Time Assistant Cook for the Department of Human Services/Senior Nutrition Programs , effective September 23, 2009 at a rate of $32,401.23 per annum. ? Vote Record - Resolution RES-2009-786 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-787 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Land Preservation Set Tuesday, October 6, 2009 at 7:34 P.M., Southold Town Hall, 53095 Main Road, Southold, New York as the Time and Place for a Public Hearing for the Purchase of a Development Rights Easement on Property Owned by Marratooka North, LLC Southold Town Meeting Agenda - September 22, 2009 Page 22 RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold sets Tuesday, October 6, 2009 at 7:34 p.m., Southold Town Hall, 53095 Main Road, hereby Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Marratooka North, LLC. Said property is identified as part of SCTM #1000-115.-2-6. The address is 17405 NYS Route 25. The property is located in the A-C zoning district and is on the northerly side of NYS Route 25, approximately 550 feet east from the intersection of NYS Route 25 and Marratooka Avenue in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 17.5± acres (subject to survey) of the 22.50± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $67,000 (sixty-seven thousand dollars) per buildable acre for the 17.5± acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. This project is eligible for partial funding from an awarded grant from the NYS Department of Agriculture and Markets. The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge area values; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. ? Vote Record - Resolution RES-2009-787 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-788 CATEGORY: Support/Non-Support Resolution DEPARTMENT: Town Attorney Mattituck Park District Support Letter RESOLVEDsupports Assembly Bill that the Town Board of the Town of Southold A-08368/Senate Bill 5899 , which relates to the election of park commissioners of the Mattituck Park District by amending the law so that more than one woman can run or serve as park Southold Town Meeting Agenda - September 22, 2009 Page 23 commissioner and permitting all resident taxpayers, regardless of property ownership, the right hereby authorizes and directs Supervisor to vote on matters concerning the Park District and Scott A. Russell to execute a letter in support , subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-788 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-789 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Amend Resolution #2009-684 RESOLVED amends Resolution #2009- that the Town Board of the Town of Southold hereby 684, adopted August 11, 2009, to read as follows : RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Police Radio Agreement between the Town of Southold and the Town of Shelter Island regarding receiving and dispatching radio transmissions on behalf of Shelter Island Town by the Town of Southold at its radio base station, whereby the Town of Shelter Island agrees to pay the Town of Southold the sum of $47,473.00 $43,473.00 for 2009, with annual increases consistent with CPI. ? Vote Record - Resolution RES-2009-789 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-790 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Southold Town Meeting Agenda - September 22, 2009 Page 24 Authorize and Direct Supervisor Scott A. Russell to Execute a Contract with PhoneReview RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute a contract with PhoneReview to audit the town’s telephone billing charges and, if any errors are found, PhoneReview will negotiate with the carrier to have the errors eliminated and obtain a refund or credit for the period of time the error existed; fee is 50% of the amount of past overcharges credited to and collected by the town, no fee if there is not a refund or credit, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-790 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-791 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk LI North Shore Heritage Area (LINSHA) Appointment RESOLVEDappoints Chris Kempner that the Town Board of the Town of Southold hereby as the Town of Southold’s Representative on the (LINSHA) Long Island North Shore Heritage Area Commission, effective immediately. ? Vote Record - Resolution RES-2009-791 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-792 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Southold Town Meeting Agenda - September 22, 2009 Page 25 LL Wireless WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk nd “A Local Law in County, New York, on the 22 day of September, 2009 a Local Law entitled Relation to Amendments to Wireless Communications Facilities” and RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 20th day of October, 2009 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to Wireless The proposed Local Law entitled, Communications Facilities” reads as follows: LOCAL LAW NO. 2009 “A Local Law in relation to Amendments to Wireless A Local Law entitled, Communications Facilities” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. STRUCTURE - An assembly of materials, forming a construction framed of component structural parts for occupancy or use, including buildings antenna support structures, and small wind energy systems. WIRELESS COMMUNICATION FACILITY - Antenna or antenna support structure and base equipment, either individually or together, including permanent or temporary moveable facilities (i.e. wireless facilities mounted on vehicles, boats or other mobile structures) used for the provision of any wireless service. Any unstaffed facility for the transmission and/or reception of wireless telecommunications services or other radio transmission and/or receiving service or use usually consisting of a wireless communication facility array, connection cables, an equipment facility and a support structure to obtain the necessary elevation. The support structure is either a building, telecommunication or radio antenna or tower or other approved structure. Southold Town Meeting Agenda - September 22, 2009 Page 26 §280-67. Purpose. A. It is the express purpose of this article to minimize the visual and environmental impacts of wireless communication facilities while protecting the health, safety and welfare of Southold’scitizens and allowing wireless service providers to meet their technological and service objectives. In addition, the regulation of wireless facilities, including the type of structure, is intended to protect the scenic and aesthetic qualities of the Town of Southold. This article allows wireless communication facilities, to be reviewed and approved in keeping with the Town's existing zoning and historic development patterns, including the size and spacing of structures. The goals of the following sections are to accomplish the following: (1) Site wireless facilities in these preferred locations: i. Within or on existing buildings and structures where the antennas are invisible (or nearly so) from public and residential vantage points; ii. Industrial areas; (2) Take into account the aesthetic aspects of the Town, including open vistas, scenic byways and historic districts, when designing and siting wireless communication facilities. §280-68. Scope. The regulations of this article shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all wireless communication facilities. The regulations of this article relate to the location and design of these facilities and shall be in addition to the provisions of the Southold Building and Zoning Codes and any other federal, state or local laws or Federal Communication Commission (FCC), Federal Aviation Administration (FAA) or other regulations pertaining to such facilities. Nothing herein shall be construed to, apply to, prohibit, regulate or otherwise affect the erection, maintenance or utilization of antennas or support structures by those licensed by the Federal Communications Commission pursuant to Title 47 of the Code of Federal Regulations, Part 97, to operate amateur radio stations, or satellite antennas that are used for individual business or residential voice, data, or video communications. §280-69. Definitions. As used in this article, the following terms shall have the meanings set forth below: ANTENNA -- Anytransmitting or receiving device, including whip (omni directional antenna), panel (directional antenna), disc (parabolic antenna) or similar device, mounted in or on a tower, monopole, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signal, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals. ANTENNA SUPPORT STRUCTURE -- Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for wireless telephone, television, Southold Town Meeting Agenda - September 22, 2009 Page 27 radio and similar communication purposes, including self-supporting lattice towers, guyed towers and monopoles. Lattice and guyed towers are not permitted antenna support structures. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, camouflaged tower structures, and the like. The term includes the structure and any support thereto. The term does not include wireless facilities located in or on existing buildings or structures that previously existed or are being constructed for a primary purpose other than a wireless facility e.g. water tower, electric utility pole, or church steeple. BASE STATION EQUIPMENT -- Equipment integral to the operation of an antenna system. Base station equipment typically includes, but is not limited to, communications equipment cabinet/shelter, backup power supplies, generators, electric and telecommunications backboards, wiring, grounding loops, equipment enclosures, security fencing and lighting. CO-LOCATION -- The use of a single mount on the ground by more than one provider (vertical co-location) and/or several mounts on an existing tower, building or structure by more than one carrier for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. EQUIPMENT SHELTER -- An enclosed structure associated with the mount within which is housed the base station equipment for a wireless communications facility. FALL ZONE -- The area on the ground within a prescribed radius from the base of a wireless communications facility. The fall zone is the area within which there might be a potential hazard from falling debris or collapsing material, including the antenna support structure. GUYED ANTENNA SUPPORT STRUCTURE -- An antenna support structure that is supported, in whole or in part, by guy wires and ground anchors. HEIGHT -- When referring to a tower or other antenna support structure, the height is the distance from the top of the structure at its highest point, including antennas, lightening protection devices or any other apparatus attached to the top of the antenna support structure, to the base of the structure, measured in feet above ground level (AGL). Absolute height is the distance from the top of the structure, including all attachments, to the height of Mean Sea Level (MSL). LATTICE ANTENNA SUPPORT STRUCTURE -- An antenna support structure that has open-framed supports on three or four sides and is constructed without guy wires and ground anchors. MODIFICATION -- The addition, removal, or change of any of the physical and visually discernable components or aspects of a wireless facility, such as antennas, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernable components, vehicular access, parking and/or an upgrade or replacement of the equipment. Adding a new wireless carrier or service provider (co-location) to a wireless communications tower or site is a modification. Modifications also include: extending the height Southold Town Meeting Agenda - September 22, 2009 Page 28 of the antenna support structure above its current height, changing the footprint of the structure, expansion of the base station equipment or compound area, addition of antennas to an existing carrier’s antenna array, re-orientation or relocation of existing antennas, changes affecting the operating frequencies, effective radiated power or number of operating channels. A modification shall not include ordinary maintenance, as defined herein. Modifications shall be classified as major or minor. A. MAJOR MODIFICATION ---Changes to existing wireless telecommunications facility or antenna support structure that result in a substantial change to the facility or structure. Major modifications include, but are not limited to, (1) Extending the height of the antenna support structure by more than 5 feet above its current height; (2) Replacement of the structure; (3) Expansion of the base station equipment or compound area; (4) Addition of antennas to an existing carrier’s antenna array; (5) Co-location; (6) Re-orientation or relocation of existing antennas; (7) Changes affecting the operating frequencies, effective radiated power or number of operating channels. B. MINOR MODIFICATION - Changes to existing wireless telecommunications facility or structure, that result in a material change to the facility or structure but of a level, quality or intensity that is less than a substantial change. Such minor modifications include, but are not limited to, replacement of antennas, components and accessory equipment on a like-for-like basis within an existing wireless telecommunications facility. MONOPOLE -- A freestanding antenna support structure consisting of a single pole, without guy wires or ground anchors. MOUNT -- The structure or surface upon which antennas are mounted and/or the location of the antenna, e.g.: A. ROOF-MOUNTED - Mounted on the roof of a building. B. SIDE-MOUNTED - Mounted on the side of a building. C. STRUCTURE-MOUNTED - Mounted on a structure other than a building. D. FLUSH-MOUNTED - Mounted very close on a building or structure so that the profile of the antenna(s) is not readily apparent. E. INTERIOR-MOUNTED - Mounted within a building or other structure so that the antennas are not visible from the outside. F. GROUND-MOUNTED - Mounted on the ground. ORDINARY MAINTENANCE -- Work done to an existing wireless telecommunications facility and antenna support structure for the purpose of maintaining them in good operating condition. Ordinary maintenance includes inspections and testing to maintain functionality, aesthetic and structural integrity, and involves the normal repair of a wireless facility including Southold Town Meeting Agenda - September 22, 2009 Page 29 the like-for-like replacement of damaged or defective components without otherwise adding, removing, or substantially changing anything and therefore does not include modifications. RADIO FREQUENCY (RF) PROFESSIONAL -- A person who specializes in the study of radio frequency engineering and has expertise in radio communication facilities. RADIO FREQUENCY (RF) EMISSIONS or RADIATION -- The electromagnetic field of radiation emitted by wireless antennas. RADIO FREQUENCY (RF) SIGNAL -- The actual beam or radio waves sent and received by a wireless facility. A signal is the deliberate product of a wireless antenna. The RF radiation is the by-product. WIRELESS CARRIER -- A company that provides wireless telecommunications services. WIRELESS COMMUNICATIONS FACILITY -- Antenna or antenna support structure and base equipment, either individually or together, including permanent or temporary moveable facilities (i.e. wireless facilities mounted on vehicles, boats or other mobile structures) used for the provision of any wireless service. WIRELESS SERVICES -- Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange services, including, but not limited to, voice, data, images or other information, cellular telephone service, personal communications service (PCS), Enhanced Specialized Mobile Radio (ESMR) Service, and paging service. 280-70. General requirements for all wireless communication facilities. § A. No wireless communication facility shall be used, erected or altered in the Town of Southold except in accordance with the provisions of this article and any other applicable sections of the Town Code. B. All wireless communication facilities, and modifications to such facilities (as defined in §280-69) shall require a building permit, site plan approval, and special exception approval unless listed as exempt in §280-71 “Required Approvals” except in cases of ordinary maintenance, as defined in §280-69. A.C. No new antenna support structures may be constructed without a carrier licensed by the FCC as a provider. An FCC-licensed provider of wireless communications services must be the applicant or the co-applicant for any proposed new wireless communication facility, co-location or modification. B.D. Guyed or lattice antenna support structures are prohibited. C.E. Antenna support structures shall not be located in the following areas: (1) Wetlands, tidal and freshwater; (2) Land above high groundwater (within ten feet of the surface). (3) Within 500’ of residences; (4)(1) Lands purchased with Community Preservation Funds; (5) Coastal Erosion Hazard Areas; Southold Town Meeting Agenda - September 22, 2009 Page 30 (6)(2) Designated parkland. D.F. Fall Zones. An antenna support structure must include an area surrounding it that is free of other structures and areas where people congregate, except the base equipment, with a radius equal to a distance of two times the height of the structure. A smaller fall zone may be allowed if supported by a report submitted by a qualified structural engineer, and corroborated by an independent consultant hired by the Town that demonstrates that a smaller fall zone is appropriate and safe. The fall zone of an antenna support structure must not include areas where people congregate, and must be clear of all structures except the base station equipment. E.G. Federal Aviation Regulations. All towers wireless facilities shall comply with applicable airport and/or air space hazard and/or obstruction regulations. Any facility that would be classified as an obstruction or hazard under current federal aviation regulations or would otherwise interfere with the operation of radio navigation aids, communications and/or airport operations is prohibited. F.H. Antenna support structures in the zoning districts: LI, LIO, MI, MII, B, and HB, are subject to the following restrictions: (1) Minimum lot size: i. LI, LIO, B & HB - in accordance with the bulk schedule for each zone ii. MI & MII - 200,000 sq. ft. (2) Maximum Height: 80 feet (3) Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. G.I. Antenna support structures permitted in AC, R-40, R-80, R-120, R-200, R-400, LB, RO, RR, HD, or AHD zoning districts, are subject to the following conditions (in addition to any other applicable conditions): (1) Minimum area surrounding the proposed location: 200,000 sq. ft. of contiguous vacant land restricted from future residential development by deed for the duration of the property’s use for the wireless facility; and (2) Maximum height: 45’; and (3) The structure is a monopole with interior-mounted antennas, or a suitable unobtrusive camouflage structure; and (4) Structure is screened from view from surrounding properties by dense vegetation and trees, either planted or existing, and meeting the site design appearance criteria for residential zones in Section 280-76; and (5) Noise from base equipment, including any backup generator, measures less than 45dB at an outside location 10 feet from the equipment shelter; and (6) Minimum distance of all wireless equipment to adjacent residential property lines or street shall be no less than 500 feet. H.J. Radio emissions must fall within the Maximum Permissible Exposure (MPE) limits established by the FCC. (1) A power density analysis of the radio emissions for the proposed wireless communication facility must be provided by the applicant. The power density analysis shall be prepared and signed by a qualified professional Southold Town Meeting Agenda - September 22, 2009 Page 31 specializing in radio communication facilities. (2) The results from the analysis must clearly show that the power density levels of the electromagnetic energy generated from the proposed facility at the nearest point(s) of public access and the point(s) of greatest power density (if other than the nearest point of public access) are within the Maximum Permissible Exposure (MPE) limits established by the FCC which are in effect at the time of the application. (3) The power density analysis must be based on the most recent edition of FCC Office Engineering and Technology Bulletin No. 65, must cite the specific formulas and assumptions used and must show all calculations and must include simple sketches showing the spatial relationships between the facility and the points of interest. If the wireless communication facility would be co-located with an existing facility, or is designed for future expansion or co-location, the cumulative effects of all emitters now on, or likely to be on, the facility in the future must also be analyzed. (4) The power density analysis shall be based on the assumption that all antennas mounted on the proposed facility are simultaneously transmitting radio energy on all channels at a power level equal to the maximum transmitter power rating specified by the manufacturer. (5) The conclusions of the power density analysis must be corroborated by an independent radio frequency engineer retained by the Town to provide such determinations. I.K. At the request of the Building Inspector, which shall be no more frequently than every five years, the provider owners of wireless facilities shall provide a structural inspection report prepared by a structural engineer which verifies the structural integrity of the wireless facility and any associated antenna support structures. L. No antenna support structure shall be constructed at, or remain at, a height that is taller than that required by installed and operational antennas. M. Site design standards. (1) All wireless facilities, including co-locations, shall be the least visually obtrusive design possible that also permits the applicant to achieve its service needs. To that end, the following design standards shall apply to all wireless communication facilities installed or constructed pursuant to the terms of this chapter: a. Setbacks. Antenna support structures and equipment facilities shall adhere to the setbacks for principal uses in the Bulk Schedule applicable to the zone in which the structure(s) are located, unless otherwise indicated elsewhere in this chapter. b. Signs. Signs shall not be permitted on facilities except for signs displaying contact information and safety instructions, which are required. Safety signs shall be in accordance with American National Standards Institute (ANSI) standards for radio frequency Southold Town Meeting Agenda - September 22, 2009 Page 32 radiation warning signs. Contact signs shall identify all service providers located on the facility and shall include normal and emergency contact information for each. Such signs shall not exceed five square feet in surface area. c. Base equipment shelter. For newly constructed wireless facilities, a base equipment shelter is limited to 500 square feet in floor area. If the newly constructed wireless facility is designed for co- location, the facility may be up to 1,000 square feet. The base equipment shelter shall be constructed with a finish similar to that of adjacent structures on the property and integrated into the architectural style. Any newly constructed base equipment shelter shall be located in accordance with the minimum height and yard requirements of the zoning district applicable to the site, and up to two adjacent off-street parking spaces may be provided for service vehicles. d. Base equipment shelter landscaping. A screen of evergreen trees shall be planted outside the fence of the telecommunication tower base area to provide a visual screen or buffer for adjoining private properties and the public right-of-way or other vantage points accessible to the public. The screen shall consist of a double row of evergreen shrubs and trees that are of sufficient density and height to immediately screen the base equipment from view. Required front yard setback areas shall be landscaped and include shrubs and trees. Survivability of the landscaping shall be guaranteed and maintained by the applicant for the life of the installation. e. Site lighting. The lighting permitted shall be the minimum required to protect the public welfare. Facilities sited on existing developed sites shall be incorporated into the lighting plans of those sites. Outside lighting shall use fully-shielded fixtures so that the light source is not visible from beyond the property line, and no light is reflected or shone towards the sky, except in the case of structures required to follow FAA guidelines for safety lighting. 280-70 71. Applicability, permitted uses Required approvals. § A. No wireless communication facility shall be used, erected or altered in the Town of Southold except in accordance with the provisions of this article and any other applicable sections of the Town Code. B. All wireless communication facilities, and modifications to such facilities (as defined in §280-69) shall require a building permit, except in cases of ordinary maintenance, as defined in §280-69. All wireless facilities and modifications thereto require a building permit, site plan approval and special exception approval except in cases of ordinary maintenance as defined in §280-69. Southold Town Meeting Agenda - September 22, 2009 Page 33 C.A. Building Permit Required. (1) Minor modifications (defined in 280-69); or (1) All applications for a building permit shall comply with §280-70 General Requirements for all wireless communication facilities and §280-74 Application Requirements. (2) Building permit only. A wireless communication facility is a permitted use requiring only a building permit, without the requirement of site plan approval and special exception approval if it conforms to the following Section 280-70 and falls in one of the following two categories: (2) (a) New wireless facility that is interior-mounted in an existing building or existing structure in the LI, LIO, B, HB, MI, or MII zoning districts which conforms to the following requirements: for permitted use in §280-72 i. Interior-mounted facilities in existing buildings shall be constructed so that the outward appearance of the building or structure before and after the installation is complete is identical or nearly identical. The addition of a significant architectural feature on to an existing building that is visible from outside for the purpose of accommodating interior-mounted antennas shall require site plan approval; and ii. Base station equipment 1. Located within an existing shelter or building, not to be expanded beyond an additional ten percent of floor area; or 2. Located in an underground vault, with any above-ground components screened from view with evergreen planting; or 3. Entirely concealed from view with dense evergreen planting so that all equipment, shelters, fences, gates and other associated structures are not visible from any vantage point. Plantings shall be of sufficient size to achieve this screening effect immediately upon planting. 4. Noise from base equipment, including any backup generator, measures less than 45dB at the nearest property lines of all adjacent residences; or (3) (b) Major Modification, as defined in §280-69, including co-location, on an existing antenna support structure or other wireless facility holding all valid permits and causing essentially no visible change to the exterior, and which conforms to the following requirements: for permitted use in §280- 72. i. Modifications causing essentially no visible change in the appearance of the exterior means that the antennas are interior- mounted in the existing structure and are not visible from the outside after installation. The base equipment area is expanded by no more than 10% of its existing floor area, and is entirely screened from view from any public or residential vantage points, Southold Town Meeting Agenda - September 22, 2009 Page 34 including all roads, yards, and commercial buildings the public enters. Exceptionally well-designed flush-mounted antennas may also fall into this category if they present no visible profile protruding from the surface to which they are mounted, and are camouflaged to blend in with the background surface to which they are mounted; and ii. Base Station Equipment (as specified above in 280-71 A(2)(a)(ii) D.B. Site Plan Approval Required: (1) All applications for site plan approval shall comply with §280-70 General Requirements for all Wireless Communication Facilities and §280-74 Application Requirements. (2) A wireless communication facility is a permitted use requiring a building permit and site plan approval without the requirement of special exception approval if it conforms to Section 280-70 and falls in one of the following two categories: (1)(a) New wireless facility that is roof or side-mounted to an existing building or existing structure in the LI, LIO, B, HB, MI, or MII zoning districts which conforms to the requirements for permitted use in §280- 72 following requirements: i. Roof-mounted facilities shall conform to the following requirements: 1. Visual impact minimized to the greatest extent possible; 2. Height limited to no more than 10 feet above the highest point of the building; and ii. Side-mounted facilities shall be flush-mounted and painted or otherwise camouflaged to blend with the façade or background materials of the structure; and iii. Base Station Equipment (as specified above in 280-71 A(2)(a)(ii); or (2)(b) Major Modification, as defined in §280-69, including co-location, to an existing wireless facility holding all valid permits in the LI, LIO, B, HB, MI, or MII zoning districts and causing a visible change to the exterior, and which conforms to the following requirements: for permitted use in §280-72. i. Co-locations shall not extend the height of the structure more than ten feet over the original approved structure. To prevent the incremental extension of height over time, any subsequent application with a proposed extension beyond the first ten feet shall require special exception review and approval; and ii. Base Station Equipment (as specified above in 280-71 A(2)(a)(ii). C. Special exception. All applications for special exception shall comply with the standards in §280-70 General Requirements for all Wireless Telecommunication Facilities and §280-74 Application Requirements. E.C. All other wireless communication facilities, major modifications, and co-locations Southold Town Meeting Agenda - September 22, 2009 Page 35 require a building permit, site plan approval, and a special exception approval by the Planning Board. 280-71. General requirements for all wireless communication facilities § Text of former §280-71 and amendments moved to §280-70 of this Amendment. 280-72. Requirements for Permitted Use § (without Special Exception) (these are in addition to the General Requirements listed above). Text of former §280-72 moved to §280-71 of this Amendment. §280-72. Site plan approval. A. Standards. In addition to the standards in Article XXIV and the standards in §280-70 herein, all wireless facilities, including co-locations, shall be the least visually obtrusive design possible that also permits the applicant to achieve its service needs. To that end, the following design standards shall apply to all wireless communication facilities installed or constructed that require site plan approval: (1) Camouflage on buildings. Wireless antennas, if mounted on a building façade, shall be flush mounted and painted or otherwise treated to blend with the façade. When a wireless communication facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind existing architectural features to limit its visibility from public and residential vantage points, yet permit the facility to perform its designated function. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette. If antennas are part of the stepped back facility, the applicant shall submit an access control plan that precludes inadvertent access to the front faces of the antennas by building workers and the general public. The wireless communication facilities shall blend in with the existing building's architecture and shall be painted or shielded with material which is consistent with the design features and materials of the building. (2) Access. Access to wireless facilities shall be from already established site access points whenever possible. (3) Dish antennas. Dish antennas shall be colored, camouflaged or screened to the extent that they are as unobtrusive as possible, and in no case shall the diameter of a dish antenna exceed six feet. (4) Electric line setback. Except for wireless facilities specifically designed for mounting on electric transmission towers, or within the footprint of such towers, no wireless communication facility shall be located nearer to any overhead electric transmission line carrying more than 220 volts than a distance equal to the facility's height above the roof or other permanent structure to which it is attached. (5) Co-location. Wireless communication facilities shall be designed to provide for co-location by multiple providers or designed so that they can be retrofitted to accommodate multiple providers, wherever possible. Southold Town Meeting Agenda - September 22, 2009 Page 36 (6) Scenic landscapes and vistas. All antenna support structures which are not concealed inside of buildings or screened by existing trees or buildings, must be surrounded by a planted buffer of dense tree growth. An antenna support structure that is located within a scenic vista or scenic landscape or within 300’ of a scenic road, as designated by the Town, shall not be taller than ten feet above the height of trees within a 300’ radius of the proposed location, or 35’ maximum in the absence of trees. (7) Color. Antenna support structures in the form of monopoles or other towers shall either be blue/gray in color, or be colored appropriate to the context of the structure’s location so that the tower is as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA). If a wireless communication facility is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the colors of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. (8) Wireless facilities sited within new structures meant to mimic some other structure or natural feature must be designed at a scale compatible with the community, be unobtrusive, and characteristic of the area. (9) Antenna support structures in or adjacent to residential zones. Where the site proposed for an antenna support structure is located within a residential zone or has one or more property lines abutting or on the opposite side of a street from a residential zone or use permitted in a residential zone, no antenna support structures may be constructed unless adequately screened from view of those residential zones by existing buildings or large trees, including evergreens. The structure may protrude no more than 10’ above screening buildings and/or trees. In the absence of an adequate arrangement of existing large trees or buildings to provide effective screening, the height of the proposed structure may be no more than 35’, and the base equipment must be buried in an underground vault. Two rows of evergreen trees must be planted encircling the structure, one row at a distance from the structure of 50% of the height of the structure, and the other at 90% of the height of the structure. Transplanted trees shall have a minimum caliper of three inches, spaced thirty-feet on center. The trees must have an expected height at maturity of at least 10’ less than the height of the structure to be screened. Smaller evergreen shrubs must be used to fill in the gaps in between for screening during the time the trees are filling in and maturing. The Planning Board may vary the arrangement of the trees and shrubs to accommodate specific site conditions, and accomplish the goal of screening the facility from view of residential properties. A written guarantee from the wireless facility’s owner shall be required to ensure that the plantings survive and are maintained throughout the existence of the installation. (10) Commercial and industrial siting. Antenna support structures to be sited on developed commercial or industrial properties shall be located to the rear of other principal buildings and shall not encroach on planting buffers, parking areas or otherwise impair the operation of previously approved systems such as Southold Town Meeting Agenda - September 22, 2009 Page 37 stormwater drainage basins. Existing buildings and structures should be used in the siting of freestanding towers to contribute to the visual screening of the antenna support structure. §280-723. Special exception approval. A. Authority. For the purposes of this section, notwithstanding Article XXV of the Southold Town Code this Chapter, the Planning Board shall be empowered to issue a special exception approval for wireless communication facilities, subject to the provisions of this chapter. This supersedes Article XXV in that the Planning Board is the reviewing board in place of the Zoning Board of Appeals for wireless communication facilities that require Special Exception approval. The remainder of Article XXV remains in effect and shall apply to the Planning Board’s consideration of a special exception approval for wireless communication facilities, together with the additional standards and requirements in this section. B. Standards. In addition to the standards in Article XXV of this Code Chapter, no special exception approval shall be granted unless the Planning Board specifically finds and determines the following: (1) Construction of the proposed facility or modification of the existing facility is a public necessity, in that it is required to meet current or expected demands of the telecommunications provider and to render adequate service to the public. (2) The applicant has made substantial effort to co-locate with existing wireless facilities, or, failing that, has made substantial effort to locate on municipally- owned land or structures, or within or on existing buildings or structures. (3) There are compelling reasons which make it more feasible to construct the proposed facilities rather than alternatives. C. Matters to be considered. In addition to the matters to be considered in Article XXV of this Chapter, the Planning Board shall give consideration to the following in issuing a special exception approval for wireless communication facilities: (1) The proposed antenna support structure must be demonstrated to be the lowest height above the ground feasible to achieve the service needs of the carrier(s). The rationale behind the explanation by the applicant must be corroborated by an independent consultant hired by the Town. (2) The wireless communication facility has been situated to minimize its proximity and visibility to residential structures, residential district boundaries and landmarks designated by Town, federal or state agencies. (3) The wireless communication facility is designed and situated to be compatible with the nature of uses on adjacent and nearby property. (4) The wireless communication facility has been designed to use the surrounding topography to minimize its visual impacts. (5) The wireless communication facility has been designed to use the surrounding tree, building or foliage coverage to minimize its visual impacts. (6) The wireless communication facility maximizes design characteristics to reduce Southold Town Meeting Agenda - September 22, 2009 Page 38 or eliminate visual impacts and obtrusiveness. (7) Other adequate conditions have been placed on the wireless communication facility which will minimize any adverse impacts of the facility on adjoining properties. D. ConditionsExpiration. The Planning Board shall consider the following in establishing conditions on the issuance of the special exception approval: (1) In reviewing special exception approval applications required by this section the Planning Board shall consider the Town's policy as stated in this article. (2) In approving a special exception the Planning Board may waive or reduce the criteria in this article, to the extent specified below, if the Planning Board concludes that the goals and stated purposes of this law are better served, and that doing so will have no detrimental effect on adjacent properties or on the public health, safety and welfare, and thereby: (a) Minimize proximity of the tower to residential structures or historic landmarks listed by federal, state or Town agencies. (b) Modify the planting of surrounding tree coverage and foliage to account for existing vegetation and land contours, but only to the extent that the existing vegetation achieves the purpose of concealing the structure. (c) Modify the design of the tower, with particular reference to design characteristics that reduce or eliminate visual obtrusiveness. (3 ) Any special exception approval granted under this article shall have a term of five years, commencing from the grant of the special exception, which may be extended for an additional five-year term upon application to the Planning Board. On a renewal application, the applicant shall demonstrate that the wireless communication facility is in compliance with all applicable laws, rules and regulations and with all of the conditions of the special exception approval and site plan, that the facility is necessary to provide adequate service, and that there is no reasonable alternative available to the owner which will provide adequate service without the continuing use of the facility. Subsequent special exception renewals shall be subject to review by the Planning Board and subject to such §280-74. Application requirements. A. Fees. The following fees are in place of those required in other sections of the code. (1) Building Permit Application Fees i. Minor modification $250 ii.a. Major modification $500 iii.b. New facility $750 (2) Site Plan Application Fees i.a. Major Modification. $1000 ii.b. New facility $2000 (3) Special Exception Application Fee $1000 (4) Review by independent consultants. In all cases where the Town determines that a Southold Town Meeting Agenda - September 22, 2009 Page 39 review of an application by a qualified expert is warranted, the applicant shall bear the reasonable cost associated with such review, which cost will be assessed as an additional application fee. This payment shall be made to the Town prior to the review commencing and the decision being rendered on the application. a. Upon the Planning Board’s determination that referral to the Planning Board’s consultant(s) is deemed necessary, an escrow account for the applicant shall be established with the Town Comptroller’s Office. Said escrow account shall be established prior to the Town’s referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Town Planning Director. Upon the determination that any application shall be subject to the Town’s review aided by consultant(s) as set forth herein, no application shall be considered complete for review purposes until an escrow account is established and funded. b. Withdrawals from said escrow account may be made from time to time to reimburse the Planning Board for the cost of its consultant(s’) professional review services actually incurred. Whenever the balance in such escrow account is reduced to ¼ of its initial amount, the Planning Board shall notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to ½ of the initial deposit or to such sum as deemed necessary by the Committee. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the reviewing Board may suspend its review of the application. c. The consultants will work under the direction of the Town Planning Director. Copies of the consultants’ qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultants’ report prior to any decisions being made. B. Building Permit Application (1) The following application requirements are in addition to those required in §144-8 (C). a. Written analysis demonstrating the project complies with the Maximum Permissible Exposure regulations in accordance with § 280-70(J). b. Written documentation as to the facility’s structural compliance with local, State and Federal Codes. c. Copies of all applicable FCC licenses, notices of proposed construction or alteration, federal environmental impact statements and other documents verifying compliance with federal, state and local regulations. d. Propagation maps shall be submitted for existing coverage from existing surrounding and/or approved sites, coverage from all alternative sites considered and coverage from the proposed site. Propagation maps shall include a minimum of three signal strength depictions (-75dBm, -85dBm Southold Town Meeting Agenda - September 22, 2009 Page 40 and -95dBm) and any other signal strength levels deemed appropriate by the applicant based on the applicant’s documented coverage and reliability needs. e. A ‘gap map” prepared and signed by a qualified radio frequency engineer and overlaid on an “existing coverage” background propagation map demonstrating the area(s) within which the applicant’s existing service is not adequate. In addition, a search ring shall be depicted indicating where the wireless communication facility needs to be located in order to provide adequate signal strength and/or capacity to the target gap area. The applicant must explain and document its standards and criteria for adequate signal strength, capacity and reliability and must demonstrate to the satisfaction of the Planning Board why these standards and criteria are applicable to the Town of Southold. f. Digital files of the propagation and gap maps, including attribute information, in a Geographic Information System (GIS) format and projecting that is compatible with the GIS technology currently in use by the Town of Southold. g. A copy of the deed or lease agreement establishing applicant's right to use the parcel on which the wireless communication facility is to be located. h. Other information deemed necessary to assess the compliance with this law. (2) Once the application is received in the Building Department, it will be forwarded to the Planning Director for report and recommendations on compliance with §280-71 General Requirements, §280-72 Requirements for Permitted Use, and any technical consultant reports that may have been required. No building permit for a wireless facility may be granted prior to this report being submitted to the C. Site Plan Application. The following application requirements are in addition to those required in §280-133: (1) Seven copies of items a-c listed above at §280-73B(1) the completed Building Permit Application required under §280-73(B). (2) Aeronautical study or appropriate consultant’s report demonstrating that the proposed facility will not constitute an obstruction or hazard to air navigation. (3) Visual Impact Analysis - renderings or computer graphics illustrating the appearance of the completed facility from residential and public vantage points to be determined by the Planning Board. (4) Adjacent land uses, structures and zoning within 500 feet. (5) The location in latitude and longitude, type and height of the wireless communication facility. (6) A list of other carriers already located on the facility with the number, type, height, orientation, effective radiated power, number of channels and operating frequencies of each antenna, including the proposed. (7) Digital information about the facility (AutoCAD, Shapefile) that can be imported into a geographic information system depicting the search ring of the proposed facility. Southold Town Meeting Agenda - September 22, 2009 Page 41 (8) A photo of the facility, if already existing. (9) Location of landmarks listed by federal, state or Town agencies within 300 feet. (10) Distances between the proposed facility and the following: a. the nearest residential structure, b. the nearest property line with a residential use, c. all other structures. d. Roads, rights of way, driveways (11) Fall zone radius and distance (12) Proposed means of access (13) Elevation drawings with dimensions clearly indicated, including diameter or width of the structure at its widest and narrowest, and the tallest point including antennas or lightening protection. (14) Other information deemed by the Planning Board to be necessary to assess compliance with this law. D. Special Exception Application. To make the determination on an application for special exception, the Planning Board shall require the following in addition to the requirements of Article XXV of this Chapter: (1) Each application shall include: a. One copy of the building permit application b. One copy of the site plan application c. Each application shall include a written site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. d. Other information deemed by the Planning Board to be necessary to assess compliance with this law. (2) The applicant shall document to the satisfaction of the Planning Board that a good-faith effort has been made to locate or co-locate on existing towers or other available and appropriate buildings and structures, that it is not feasible to co- locate on an existing facility and that the proposed location is necessary to provide adequate service to the public. The documentation shall include a notarized statement by the applicant as to whether construction of the wireless communication facility will accommodate co-location of additional antennas for future users. (3) Each application shall include a plan which shall reference all existing wireless communication facility locations in the Town of Southold, any such facilities in the abutting towns which provide service to areas within the Town of Southold, any changes proposed within the following twelve-month period, including the applicant's plans for new locations and the discontinuance or relocation of existing wireless facilities. Alternatively, at the beginning of the year the applicant may submit an annual wireless communication facility plan containing Southold Town Meeting Agenda - September 22, 2009 Page 42 the aforementioned information for the calendar year. (4)(3) The Planning Board and Planning Department may retain technical consultants as they deem necessary to provide assistance in the review of the needs and site location alternatives analyses and other matters that the Board deems necessary. The applicant shall bear the reasonable cost associated with such consultation, which cost shall be assessed as an additional application fee. The consultants will work under the direction of the Town Planning Director. Copies of the consultants’ qualifications, findings and reports shall be made available to the applicant upon acceptance of the final draft of the report by the Planning Board. (5) A copy of the deed or lease agreement establishing applicant's right to use the parcel on which the wireless communication facility is to be located. (6) Propagation maps shall be submitted for existing coverage from existing surrounding and/or approved sites, coverage from all alternative sites considered and coverage from the proposed site. Propagation maps shall include a minimum of three signal strength depictions (-75dBm, -85dBm and -95dBm) and any other signal strength levels deemed appropriate by the Applicant based on the Applicant’s documented coverage and reliability needs. (7) A “gap map” prepared and signed by a qualified radio frequency engineer and overlaid on an “existing coverage” background propagation map demonstrating the area(s) within which the applicant’s existing service is not adequate. In addition, a search ring shall depicted indicating where the wireless communication facility needs to be located in order to provide adequate signal strength and/or capacity to the target gap area. The applicant must explain and document its standards and criteria for adequate signal strength, capacity and reliability and must demonstrate to the satisfaction of the Planning Board why these standards and criteria are applicable to the Town of Southold. (8)(4) The applicant must also explain in writing to the Planning Board why it selected the proposed site, discuss the availability or lack thereof of a suitable structure within the search ring for collocation, and the extent to which the applicant has explored locating the proposed facility in a more intensive use district. Correspondence with other telecommunication providers concerning collocation is part of this requirement. The applicant shall also provide evidence supporting the existence of inadequate service. This may include the propagation maps cited above, drive test maps, traffic studies, customer complaint logs and similar data. The applicant must also demonstrate to the Board that the proposed facility satisfies the demonstrated service deficiency to an equal or greater degree than any of the reasonably available alternatives. §280-75. Historic buildings and districts. No wireless communication facility is allowed on any designated landmark property or district listed by federal, state or Town agencies, except as specified below, and subject to §170 Landmark Preservation: A. Any wireless communication facility located on or within an historic structure listed by federal, state or Town agencies shall not alter the character-defining features, distinctive construction methods or original materials of the building. Southold Town Meeting Agenda - September 22, 2009 Page 43 B. Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully reversible. C. Wireless communication facilities within an historic district listed by federal, state or Town agencies shall be concealed within or behind existing architectural features, so that they are not visible. §280-76. Site design standards. Text of former §280-76 moved to §280-71(M) of this Amendment. §280-77 76. Removal and height reduction. A. Any wireless communication facility that is not operated for a continuous period of 12 months shall be deemed abandoned. At that time the owner of the wireless communication facility or the owner of the property where the wireless communication facility is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this Article. In the case of a wireless communication facility on preexisting structures, this provision shall apply to the wireless communication facility only. If the wireless communication facility is not removed within the said 90 days, the Building Inspectors may, with the approval of the Town Board, give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. The grant of a site plan approval under this article shall include requiring the applicant to post a decommissioning bond and irrevocable permission to the Town to accomplish removal of the wireless communication facility under this article. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a wireless communication facility shall be assessed against the land on which such wireless communication facility is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute alien upon such land. If the owner of the facility and the owner of the property upon which the facility is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the facility and the owner of the property upon which the facility is located, with the assessors who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. B. Height reduction. Where antennas are moved to lower heights on an existing antenna support structure, and the full height is no longer needed, the overall height of the Southold Town Meeting Agenda - September 22, 2009 Page 44 structure shall be reduced. No antenna support structure shall remain at a height that is taller than that required by installed and operational antennas. C. This section is enacted pursuant to §10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to insure the proper decommissioning of wireless communication facilities within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law §64(5-a) and govern the subject of removal of wireless communication facilities in this chapter. §280-78 77. Nonconforming uses. Pre-existing antenna support structures and antennas. A. Pre-existing transmission support structures and antennas, for which a permit has been issued prior to the effective date of this article, may continue in use for the purpose now used and as now existing, subject to the conditions of that permit. Preexisting transmission support structures and antennas may not be replaced, structurally altered, or added to without complying in all respects with this article. The issuance of permit renewals or other new permits for such facilities shall be in accordance with the provisions of this article. Preexisting transmission support structures and antennas without the proper permits shall be considered out of compliance with this article. B. Any wireless service provider with at least one preexisting transmission support structure or antenna in the Town of Southold that is out of compliance with the building and zoning requirements in this Chapter, prior to the adoption of this article, shall not be eligible for any new approvals until the preexisting transmission support structure or antenna is brought into compliance with this article. C. Until all required permits are secured, no issuance of any new permit shall occur for a request to co-locate, attach, or share an existing transmission support structure, when such existing facility is found to have one or more antennas or mounts without permits. D. Any application by a wireless service provider shall be deemed incomplete, if that provider has a preexisting transmission support structure in the Town on which there is any antenna or mount without permits, and said application shall not be processed until that facility is brought into compliance with this article. Preexisting telecommunication towers shall be allowed to continue their usage as they presently exist. New construction, other than maintenance on a pre-existing facility, shall comply with the requirements of this article. §280-79 78. [Reserved] Waivers of criteria. In approving a site plan or special exception, the Planning Board may waive or modify the following criteria if they find that the goals and stated purposes of this law are better served by doing so, and that there is no detriment to the public health, safety and welfare. A. Section 280-70 H (2). Maximum Height: 80 feet (1) In commercial zones, where co-location will achieve the result of fewer antenna support Southold Town Meeting Agenda - September 22, 2009 Page 45 structures, the Planning Board may modify 80 foot height restriction with the condition that the antenna support structure be constructed so that antennas can be installed at any height on the structure, and that the overall height of the structure can be reduced if antennas are moved to lower heights. No antenna support structure shall remain at a height that is taller than that required by installed and operational antennas. The applicant must show that co-location of other carriers is likely by demonstrating that coverage or capacity gaps of other carriers are located in the same area as the proposed structure. B. Section 280-70 H (3). Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. (1) This setback requirement may be modified upon a showing by the applicant that the actual distance of the antenna support structure to the residential structure is minimized to the greatest extent possible. C. Section 280-72 A (6). Scenic landscapes and vistas. (1) The requirement of planting of surrounding tree coverage and foliage to account for existing vegetation and land contours may be modified by the Planning Board but only in cases where it can be shown that the existing vegetation achieves the purpose of concealing the structure. D. Section 280-70 M (1) d. Base landscaping. (1) The requirement of planting of screening vegetation may be modified by the Planning Board in cases where it can be shown that existing screening that accomplishes the goal of concealing the base equipment shelter from other properties and roads. E. Section 280-72 A (9) Antenna support structures in or adjacent to residential zones. (1) If the structure is located on a property that is adjacent to a residential zone, the Planning Board may modify the requirement of planting of surrounding tree coverage and foliage in cases where it can be shown that existing vegetation and land contours achieve the purpose of concealing the structure from nearby residences. F. Section 280-76 B. Pre-existing antenna support structures and antennas not in compliance (1) The provision requiring pre-existing non-conforming facilities to be brought into compliance may be modified by the Planning Board where such facilities would be required to be rebuilt or relocated to be in compliance, if, in those cases only, the applicant demonstrates that those pre-existing facilities, given the carrier’s coverage or capacity needs, are already located in a place that would comply the same or better as any alternate locations, or are already constructed to be as unobtrusive as possible. §280-8079. Severability. The various parts, sections and clauses of this article are hereby declared to be severable. 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. §280-8180. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. Southold Town Meeting Agenda - September 22, 2009 Page 46 ? Vote Record - Resolution RES-2009-792 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-793 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 10/20/09 4:40 Pm Convenience Stores WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 22nd day of September, 2009, a Local Law entitled relation to Amendments to the Zoning Code, Article X entitled Hamlet Business (HB) District and Article XI entitled General Business (B) District” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 20th day of October, 2009 at 4:40 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to the Zoning The proposed Local Law entitled, Code, Article X entitled Hamlet Business (HB) District and Article XI entitled General Business (B) District” reads as follows: LOCAL LAW NO. 2009 “A Local Law in relation to Amendments to the Zoning Code, Article A Local Law entitled, X entitled Hamlet Business (HB) District and Article XI entitled General Business (B) District” . BE IT ENACTED by the Town Board of the Town of Southold as follows: Southold Town Meeting Agenda - September 22, 2009 Page 47 I. Purpose - The goals of the Town of Southold, as set forth in numerous planning documents over the past twenty years, include the preservation of land, preservation of the rural, cultural and historic character of the hamlets, preservation of the Town’s natural environment and natural resources, promotion of a range of housing and business opportunities that support a socio-economically diverse community, and an increase in transportation efficiency while preserving the scenic and historic attributes of the Town. In consideration of these goals, the Town has found that certain retail uses have characteristics that can cause an adverse impact on the public health, safety and welfare. Convenience stores, because of their proximity to similar uses and their operation characteristics, including increased traffic generation, long hours of operation, bright lights, and the noise and litter problems associated with such uses, tend to be more intrusive to the community, and have the potential to cause adverse impacts. This local law is intended to mitigate the potential impacts of convenience stores by ensuring, through the appropriate revisions to the Town Code, that convenience stores are located on sites that have adequate on-site parking and circulation, are a sufficient distance away from similar uses and are designed to fit in with the community in scale, architecture, and overall site design in order to preserve the community’s character. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. [Amended 7-31-1973] CONVENIENCE STORE - A retail store generally less than 5,000 square feet that is designed and stocked to sell prepackaged food items, beverages, periodicals and household goods for off- premise consumption. ARTICLE X Hamlet Business (HB) District §280-45.Use regulations. C. Accessory uses. The following uses are permitted as accessory uses and except for residential accessory uses and signs, which are subject to Article XIX, are subject to site plan review: Subparagraphs 1 and 2 - text remains the same. (3) Convenience store located with a prior non-conforming gas station use (gas stations are not a permitted use in the HB zone, however, there are a number of pre- existing gas stations in operation) shall be considered an accessory use subject to site plan review, only if the following requirements are met: (a)Maximum gross floor area of the retail store equals 800 square feetor less, including storage and counter area. Southold Town Meeting Agenda - September 22, 2009 Page 48 (b)Parking requirement equal to one space per 100 square feet of floor area devoted to retail sales area including the sales counter and retail products storage. The gas station must still meet its parking requirement separately, however, each fuel dispenser can count as one parking space toward the convenience store requirement. (c) The physical design, including color and use of materials, of the establishment shall be sensitive to the visual and physical characteristics of other buildings, public spaces and uses in the particular location, and shall comply with the retail building standards in 280-45 A(7) (a)-(e) to the extent practicable. (d) Advertisements of any kind, including audio or visual, and including trademark logos, may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including banners or flags, and may not be displayed via outdoor monitors or t.v.s. (e) Signs for the convenience store shall conform with Article XIX of this Chapter, and further, may not be lit from within. (f) Formula food restaurants are not permitted within accessory convenience stores. (4) Convenience stores associated with gas stations that do not meet these requirements are considered a second principal use and must meet the minimum bulk schedule requirements (e.g., a gas station with a convenience store that is 1,200 square feet in size must have a minimum of 60,000 square feet of lot area). (5) Pre-existing, non-conforming convenience stores with the proper approvals in place prior to the enactment of this law may continue as they are with no increase in size unless they can meet the requirements for a second principal use. ARTICLE XI General Business (B) District §280-48. Use regulations. C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XIX, are subject to site plan review: Subparagraphs 1 through 3 - text remains the same. (4) Convenience store located with a gas station use shall be considered an accessory use subject to site plan review, only if the following requirements are met: Southold Town Meeting Agenda - September 22, 2009 Page 49 (a)Maximum gross floor area of the retail store equals 800 square feet or less, including storage and counter area. (b) Parking requirement equal to one space per 100 square feet of floor area devoted to retail sales area including the sales counter and retail products storage. The gas station must still meet its parking requirement separately, however, each fuel dispenser can count as one parking space toward the convenience store requirement. (c) The physical design, including color and use of materials, of the establishment shall be sensitive to the visual and physical characteristics of other buildings, public spaces and uses in the particular location, and shall comply with the retail building standards in 280-45 A(7) (a)-(e) to the extent practicable. (d) Advertisements of any kind, including audio or visual, and including trademark logos, may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including banners or flags, and may not be displayed via outdoor monitors or t.v.’s. (e) Signs for the convenience store and gas station shall conform with Article XIX of this chapter. (f) Formula food restaurants are not permitted within accessory convenience stores. (5)Convenience stores associated with gas stations that do not meet these requirements are considered a second principal use and must meet the minimum bulk schedule requirements (e.g., a gas station with a convenience store that is 1,200 square feet in size must have a minimum of 60,000 square feet of lot area). (6)Pre-existing, non-conforming convenience stores with the proper approvals in place prior to the enactment of this law may continue to operate as a non- conforming use with no increase in size unless they can meet the requirements for a second principal use. ARTICLE XVIII Parking and Loading Areas §280-78 Off-street parking areas. Type of Use Required Number of Parking Spaces Convenience Storesat least 1 space per 100 square feet of gross floor area of the retail store, including storage and counter space III. SEVERABILITY Southold Town Meeting Agenda - September 22, 2009 Page 50 If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV.EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2009-793 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-794 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 12/1/09 7:35 Pm - Minor Exempt - WCRL WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New “A Local Law in relation to York, on the 22nd day of September, 2009, a Local Law entitled Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law” and RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 1st day of December, 2009 at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to the Minor The proposed Local Law entitled, Exempt Actions List of the Waterfront Consistency Review Law” reads as follows: LOCAL LAW NO. OF 2009 “A Local Law in relation to Amendments to the Minor Exempt A Local Law entitled, Actions List of the Waterfront Consistency Review Law” . Southold Town Meeting Agenda - September 22, 2009 Page 51 BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The amendments to this local law are adopted under the authority of the Municipal Home Rule Law and the Waterfront Revitalization of Coastal Areas and Inland Waterways Act of the State of New York (Article 42 of the Executive Law). It is intended that, by making additions to the “minor actions” exempt list, certain actions that by their nature will not have an adverse effect on the coastal area and resources will not require a review under this law, which will result in a more efficient review process. II. Chapter 268 of the Code of the Town of Southold is hereby amended as follows: § 268-3. Definitions. LANDSCAPED BUFFER - a land area of a certain length and width which is planted with indigenous, drought tolerant, vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve ninety-five (95) percent ground cover within two years of installation. Survival of planted vegetation shall be ninety (90) percent for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which are hazardous to life and property, trimming tree limbs up to a height of fifteen feet (15’) to maintain viewsheds, replanting of vegetation and establishing a four foot (4’) wide access path constructed of pervious material for access to the water-body. MINOR ACTIONS - Include the following actions, which are not subject to review under this chapter: A. Maintenance or repair involving no substantial changes in an existing structure or facility; B. Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site (in-place), including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a permit and shoreline erosion control structures (including, but not limited to, groins, jetties, bulkheads, filled piers) located within Great Peconic Bay, Cutchogue Harbor, Little Peconic Bay, Hog Neck Bay, Noyack Bay, Southold Bay, Shelter Island Sound, Pipes Cove, Orient Harbor, Gardiners Bay, Long Island Sound, Fishers Island Sound and Block Island Sound [excluding all creeks]; C. Repaving or widening of existing paved highways not involving the addition of new travel lanes; D. Street openings and right-of-way openings for the purpose of repair or maintenance of existing utility facilities; E. Maintenance of existing landscaping or natural growth, that is not located within 100 feet of the boundary of a protective natural feature except where threatened or endangered species of plants or animals are affected, or within significant coastal fish and wildlife habitat areas; F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; Southold Town Meeting Agenda - September 22, 2009 Page 52 G. Minor temporary uses of land having negligible or no permanent impact on coastal resources or the environment; H. Installation of traffic control devices on existing streets, roads and highways; I. Mapping of existing roads, streets, highways, natural resources, land uses and ownership patterns; J. Information collection including basic data collection and research, water quality and pollution studies, traffic counts, engineering studies, surveys, subsurface investigations and soils studies that do not commit the agency to undertake, fund or approve any action; K. Official acts of a ministerial nature involving no exercise of discretion, including building where issuance is predicated solely on the applicant's compliance or noncompliance with the relevant local building code; L. Routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment; M. Conducting concurrent environmental, engineering, economic, feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action, provided those activities do not commit the agency to commence, engage in or approve such action; N. Collective bargaining activities; O. Investments by or on behalf of agencies or pension or retirement systems, or refinancing existing debt; P. Inspections and licensing activities relating to the qualifications of individuals or businesses to engage in their business or profession; Q. Purchase or sale of furnishings, equipment or supplies, including surplus government property, other than the following: land, radioactive material, pesticides, herbicides, storage of road de-icing substances, or other hazardous materials; R. Adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list; S. Engaging in review of any part of an application to determine compliance with technical requirements, provided that no such determination entitles or permits the project sponsor to commence the action unless and until all requirements of this chapter have been fulfilled; T. Civil or criminal enforcement proceedings, whether administrative or judicial, including a particular course of action specifically required to be undertaken pursuant to a judgment or order, or the exercise of prosecutorial discretion; U. Adoption of a moratorium on land development or construction; V. Interpreting an existing code, rule or regulation; W. Designation of local landmarks or their inclusion within historic districts; X. Emergency actions that are immediately necessary on a limited and temporary basis for the protection or preservation of life, health, property or natural resources, provided that such actions are directly related to the emergency and are performed to cause the least change or disturbance, practicable under the circumstances, to coastal resources or the environment. Any decision to fund, approve or directly undertake other activities after the emergency has expired is fully subject to the Southold Town Meeting Agenda - September 22, 2009 Page 53 review procedures of this chapter; Y. Local legislative decisions such as rezoning where the Town Board determines the action will not be approved; Z. Split rail fences or fences used to control nuisance wildlife that do not interfering with the public’s rights of passage along the foreshore; AA. Removal of a structure greater than 75 feet from a wetland; BB. Additions to the landward side of an existing dwelling constituting less than 25 percent of the existing structure where the addition is greater than 75 feet from a natural protective feature, except where the parcel is located in a Coastal Erosion Hazard Area; CC. Structures less than 100 250 square feet in size that are accessory to existing permitted primary structures, and which accessory structures are greater than 50 feet from a boundary of a natural protective feature, and freshwater or tidal wetlands tidal wetland; DD. Construction or improvements of pervious residential driveways, parking areas or walkways greater than 50 feet from a tidal or freshwater wetland; EE. Upgrades to existing fuel tanks provided that erosion control measures are implemented; FF. Cutting phragmites to greater than 12 inches and vegetative restoration provided that native wetland vegetative species are not affected or disturbed in any manner; GG. Bulkhead to replace Within all Town Creeks, replacement of existing bulkhead on the applicant’s property in the same location with a silt curtain employed deployed prior to and during construction; and HH. Lot line changes, provided that the lot line change will not permit new development II. that may have undue adverse impacts on wetlands, tidal waters or natural protective JJ. features; Additions to an existing building or rebuilt residential structure which KK. results in no-net increase in ground area coverage, except where the parcel is located in a Coastal Erosion Hazard Area; Construction or installation of drainage improvements for the retention of storm water runoff in accordance with Chapter 236, provided that such improvements are located more than 50 feet from the boundary of the natural protective feature; and Residential structures not located within the CEHA /or adjacent to a New York State Designated Scenic Byway, a scenic view shed important to the community or within a VE/AE Flood Zone Designation and which complies with the following minimum buffer width tables: Table 1. Wetland Buffer Table for New Residential Structures located adjacent to New York State Department of Environmental Conservation Priority Water Body (select one). Minimum Buffer Width Lot Area (sq. ft.) Landscaped Natural Vegetated 0-20,000 30 25 20,000-40,000 40 35 40,000-60,000 75 50 60,000-80,000 75 50 Greater than 80,000 100 75 Table 2. Wetland Buffer Table for New Residential Structures (select one). Minimum Buffer Width Lot Area (sq. ft.) Non-turf Landscaped Natural Vegetated 0-20,000 30 20 Southold Town Meeting Agenda - September 22, 2009 Page 54 20 20,000-40,000 40 35 25 40,000- 60,000 50 45 35 60,000-80,000 75 65 55 Greater than 80,000 100 100 75 Table 3. Wetland Buffer Table for Existing or Rebuilt Residential Structures (select one). Minimum Buffer Width Lot Area (sq. ft.) Non-turf Landscaped Natural Vegetated 0-20,000 25 15 15 20,000-40,000 30 25 25 40,000- 60,000 40 35 30 60,000-80,000 60 55 45 Greater than 80,000 75 60 55 NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff, primary dune, secondary dune or wetland and their vegetation. NATURAL VEGETATED BUFFER - a land area of a certain length and width where existing vegetation occurs prior to the commencement of any grading or clearing activity. Vegetation shall be maintained to achieve a minimum percent ground cover of ninety-five (95%) percent. To achieve the percent ground cover indigenous, drought tolerant vegetation shall be planted. Survival of planted vegetation shall be ninety (90%) percent for a period of three (3) years. Maintenance activities within the buffer are limited to removing vegetation which are hazardous to life and property, trimming tree limbs up to a height of fifteen feet (15’) to maintain viewsheds, replanting of vegetation and establishing a four foot (4’) wide access path constructed of pervious material for access to the water-body. NEW YORK SCENIC BYWAY (North Fork Trail) - all that portion of the State highway system known as State Route 25 in the Town of Southold, Suffolk County, beginning at the boundary between the Town of Riverhead and the Town of Southold, continuing northeasterly to Orient Point and to the end of State Route 25, and all that portion of the local highway system known as Sound Avenue beginning at the boundary between the Town of Riverhead and the Town of Southold continuing easterly to the overlap of Sound Avenue and County Route 48 and continuing along County Route 48 generally northeasterly to the intersection of County Route 48 and State Route 25 north of the Village of Greenport, Suffolk County. NUISANCE WILDLIFE - Wildlife that is destructive and capable of damaging property such as buildings, crops, pets, livestock, gardens, or public areas. Wildlife may threaten human health or safety by spreading diseases, through direct attacks, or accidentally. PERVIOUS NONTURF BUFFER - a land area of a certain height and width comprised of sand, stone or permeable pavers arranged in such a manner to allow for maximum percolation of storm water runoff into the soil. PRIORITY WATER-BODY - a water-body within the jurisdictional boundaries of the Town of Southold Town Meeting Agenda - September 22, 2009 Page 55 Southold listed by the New York State Department of Environmental Conservation on the Water-Body Inventory/Priority Water-Bodies List, as amended. SIGNIFICANT FISH AND WILDLIFE HABITAT - those habitats which are essential to the survival of a large portion of a particular fish or wildlife population; support rare or endangered species; are found at a very low frequency within a geographic area; support fish or wildlife populations having significant commercial or recreational value; or that would be difficult or impossible to replace. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV.EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2009-794 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-795 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Public Info Mtg on Comprehensive Plan RESOLVED that Town Board of the Town of Southold hereby sets 6:00 PM, Thursday, the October 15, 2009 in the Meeting Hall at the Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a Public Information Meeting on the process, development, and planning of a Comprehensive Development Plan for the Town of Southold. Southold Town Meeting Agenda - September 22, 2009 Page 56 ? Vote Record - Resolution RES-2009-795 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-796 CATEGORY: Committee Appointment DEPARTMENT: Town Attorney Deer Management Task Force RESOLVEDestablishes the Deer that the Town Board of the Town of Southold hereby Management Task Force to oversee and make recommendations to the Town Board regarding deer population management and appoints the following members to serve on the Task Force through December 31, 2010 : Supervisor Scott Russell Town Councilman Albert Krupski John Becht John Haas John Rasweiler John Rumpler, IV Jeff Standish ? Vote Record - Resolution RES-2009-796 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-797 CATEGORY: Public Service DEPARTMENT: Town Attorney Waive Building Permit Fee/Matt. Historical Society RESOLVED that the Town Board of the Town of Southold hereby waives the Building Permit Southold Town Meeting Agenda - September 22, 2009 Page 57 fee for Permit No. 34966, issued to the Mattituck Historical Society, associated with the relocation of the old schoolhouse to their property. ? Vote Record - Resolution RES-2009-797 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-798 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney TOS Retirement Incentive Program WHEREAS , the Town Board of the Town of Southold, in its continuing efforts to reduce expenses, has agreed to offer a Retirement Incentive Program to certain eligible employees who have been employed with the Town for 10 or more years of full-time active service and who are eligible for retirement into the New York State Employees’ Retirement System; and WHEREAS , the Town Board has been authorized by Agreement with the CSEA to offer the Retirement Incentive Program to CSEA bargaining unit members who meet the eligibility criteria under the Program; and WHEREAS , the Town Board has agreed to extend the same Retirement Incentive Program to Managerial and Confidential Employees who meet the eligibility criteria under the Program. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Agreement to offer a Retirement Incentive Program between the Town of Southold and the CSEA dated September 22, 2009 ; and BE IT FURTHER RESOLVEDhereby , that the Town Board of the Town of Southold authorizes Supervisor Scott A. Russell to send notice of the details of the Retirement Southold Town Meeting Agenda - September 22, 2009 Page 58 Incentive Program and instructions for participation by eligible employees, together with a copy of the aforesaid Agreement, to all full-time Town Employees on or before September 30, 2009 . ? Vote Record - Resolution RES-2009-798 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 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 __________ P.M. * * * * * Elizabeth A. Neville Southold Town Clerk