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