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Home My WebLink AboutAG-10/20/2009 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 October 20, 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 October 20, 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. Trustees Monthly Report September 2009 2. Program for the Disabled September 2009 3. Judge Bruer September 2009 4. Building Department Southold Town Meeting Agenda - October 20, 2009 Page 2 September 2009 5. Zoning Board of Appeals September/early October 2009 6. Recreation Department September 2009 7. Human Resource Center September 2009 II. PUBLIC NOTICES 1. NYS Liquor License Renewal Legends Harborside Ltd., d/b/a Legends, 725 First St., New Suffolk III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 Am - Trustees Salt Water Fishing 2. 9:30 Am - Phillip Beltz Update to Code Committee Discussion for Increasing Apartments and Affordable Housing Apartments 3. 9:45 Am - Jim McMahon, Jamie Richter, Phillip Beltz Peconic School Renovation and IV-3, IV-4 and IV-5 4. Basketball Half Court in Cochran Park 5. Roller Hockey Rink Resurfacing at Cochran Park 6. Animal Shelter Guillotine Upgrade 7. Request for Reduction or Deferral of P&P Fee 8. Water Map in Orient Follow Up - Town Attorney Finnegan 9. Emergency Response Coordination - Per Councilman Krupski 10. Update on Meeting with Planning Board - Per Supervisor Russell 11. Blight Law? 12. Letter from Vito Minei Southold Town Meeting Agenda - October 20, 2009 Page 3 re: SC Water Supply Map 13. Kace Annexation SEQRA Update 14. ZBA Office Vacancy 15. Budget 16. Executive Session - Update on Litigation Southwold 17. Executive Session Employment of Particular Person MINUTES APPROVAL RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, September 22, 2009 ? Vote Record - Acceptance of Minutes for September 22, 2009 4:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland ???????? ? Vincent Orlando Accepted ?????????? Accepted as Amended Albert Krupski Jr. ?? Tabled ???????? Thomas H. Wickham ???????? Louisa P. Evans ???????? Scott Russell RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, October 06, 2009 ? Vote Record - Acceptance of Minutes for October 6, 2009 7:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland ???????? ? Vincent Orlando Accepted ?????????? Accepted as Amended Albert Krupski Jr. ?? Tabled ???????? Thomas H. Wickham ???????? Louisa P. Evans ???????? Scott Russell V. RESOLUTIONS 2009-838 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting 11/4/09 7:00 Pm Southold Town Meeting Agenda - October 20, 2009 Page 4 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Wednesday, November 4, 2009 at the Southold Town Hall, Southold, New York at 7:00 P. M.. ? Vote Record - Resolution RES-2009-838 ? 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 2009-839 CATEGORY: Audit DEPARTMENT: Town Clerk Audit Dated October 20, 2009 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby October 20, 2009. ? Vote Record - Resolution RES-2009-839 ? 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 2009-816 Tabled 10/6/2009 7:30 PM CATEGORY: Budget Modification DEPARTMENT: Public Works McCabe’s Beach Timber Guardrail Fiscal Impact: Funds transfered to a new project, impact none RESOLVEDmodifies the 2009 that the Town Board of the Town of Southold hereby budget as follows: From: Southold Town Meeting Agenda - October 20, 2009 Page 5 A.1620.2.500.700 In-Field Grooming Machine $3,000 To: A.1620.2.500.350 McCabe’s Beach Guardrail $3,000 ? Vote Record - Resolution RES-2009-816 ? 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 2009-840 CATEGORY: Attend Seminar DEPARTMENT: Public Works LIPA Workshop RESOLVEDgrants permission to Tim that the Town Board of the Town of Southold hereby Abrams, Department of Public Works - Electrician, to attend a LIPA Workshop on October 27, 2009, at the Sheraton Long Island Center, Smithtown. This is a free seminar. ? Vote Record - Resolution RES-2009-840 ? 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 2009-841 CATEGORY: Budget Modification DEPARTMENT: Fishers Island Ferry District Budget Modification 2009 FIFID Fiscal Impact: Additional funding for freight cart repairs. Additional software changes for reservation and freight system. RESOLVEDmodifies the 2009 Fishers that the Town Board of the Town of Southold hereby Island Ferry District budget, as follows: Southold Town Meeting Agenda - October 20, 2009 Page 6 To: Expenditures: SM.5710.4.000.000 Ferry Operations, Other $10,000.00 SM.5710.4.000.500 Computer Operations $10,000.00 ___________ Total $20,000.00 From: Expenditures: SM.5710.4.000.300 Fuel Oil Vessels $20,000.00 Total $20,000.00 ? Vote Record - Resolution RES-2009-841 ? 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 2009-842 CATEGORY: Employment - FIFD DEPARTMENT: Accounting FIFD Employee Resignations WHEREAS the Board of Commissions of the Fishers Island Ferry District adopted a resolution at their October 6, 2009 meeting to accept the resignation of the following: Christian Killam Deckhand Nicholas Powell Laborer Thomas Schweitzer Deckhand Matthew Willet Deckhand Karla Heath Clerk Michael Conroy Recreation Aide All resignations are effective October 1, 2009, and WHEREAS the Town Board of the Town of Southold is required to approve appointments, resignations and salary adjustments of employees of the Fishers Island Ferry District, Southold Town Meeting Agenda - October 20, 2009 Page 7 Now therefore be it RESOLVED that the Town Board of the Town of Southold hereby accepts the resignations of the above Fishers Island Ferry District personnel effective October 1, 2009. ? Vote Record - Resolution RES-2009-842 ? 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 2009-843 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Southold Elementary School to Use Certain Roads for Its Halloween Parade in Southold, on Saturday, October 31, 2009 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Southold Elementary School to use the following route for its Halloween Parade in Southold, on Saturday, October 31, 2009 (r/d November 1 @ 12:00 Noon) at 11:00 A.M. : beginning at the Southold Firehouse, proceed west on Route 25 to Oaklawn Avenue to the elementary school, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2009-843 ? 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 2009-844 CATEGORY: Contracts, Lease & Agreements Southold Town Meeting Agenda - October 20, 2009 Page 8 DEPARTMENT: Town Clerk Accept Grant from FEMA for FIFD Fiscal Impact: Grant is to cover security cameras, an Automatic Identification System and additional radio equipment. RESOLVEDaccepts $76,500.00 from the the Town Board of the Town of Southold hereby Department of Homeland Security/FEMA funding under the American Recovery and Reinvestment Act Port Security Grant Program (ARRA PSGP) for improvements for the Fishers Island Ferry District, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2009-844 ? 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 2009-845 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting FIFD Hire Chernoff and Diamond Actuarial GASB 45 RESOLVED that the Town Board of the Town of Southold hereby agrees to hire Chernoff Diamond & Company LLC, of Garden City, New York to provide the required professional services of the Valuation, Reporting and Consulting services for the preparation of an actuarial valuation for the GASB (Government Accounting Standards Board) 45 plan. Fees for the above basic services are not to exceed $5,500 for the fiscal year ending December 31, 2008 and will be done in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-845 ? 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 - October 20, 2009 Page 9 2009-846 CATEGORY: Retirement/Resignation DEPARTMENT: Accounting Accept the Intent to Retire of Linda Kowalski RESOLVEDaccepts the intent to retire that the Town Board of the Town of Southold hereby of Linda Kowalski from the position of Exempt Secretary in the Town of Southold Board of Appeals , effective December 1, 2009. ? Vote Record - Resolution RES-2009-846 ? 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 2009-847 CATEGORY: Retirement/Resignation DEPARTMENT: Accounting Accept the Intent to Retire of Barbara Rudder RESOLVEDaccepts the intent to retire that the Town Board of the Town of Southold hereby of Barbara Rudder from the position of an Administrative Assistant for the Accounting Department, effective November 30, 2009. ? Vote Record - Resolution RES-2009-847 ? 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 2009-848 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Southold Town Meeting Agenda - October 20, 2009 Page 10 Grant Permission to Oysterponds School to Hold Its Annual Halloween Parade in Orient, on Friday, October 30, 2009 at 2:00 PM Fiscal Impact: Total Police Department cost for this event = $110.88 RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Oysterponds School to use the following route for its Annual Halloween Parade in Orient, on Friday, October 30, 2009 at 2:00 PM, beginning at the school, marching to Village Lane to Orchard Street to Tabor Road and returning to the school , provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2009-848 ? 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 2009-849 CATEGORY: Property Usage DEPARTMENT: Public Works Hamptons Collegiate Baseball RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Hamptons Collegiate Baseball to use the baseball field at Cochran Park for the 2010 baseball season , subject to scheduling by the Southold Recreation Department and the Applicant filing a One Million Dollar Certificate of Insurance, with the Town Clerk, naming the Town of Southold as additional insured., all in accordance with the approval of the Town Attorney. Southold Town Meeting Agenda - October 20, 2009 Page 11 ? Vote Record - Resolution RES-2009-849 ? 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 TO BE TABLED 2009-850 CATEGORY: Grants DEPARTMENT: Public Works Hamptons Collegiate Baseball RESOLVEDhereby authorizes Supervisor that the Town Board of the Town of Southold Scott A. Russell to sign a Memorandum of Understanding with Hamptons Collegiate Baseball for the use the facilities at Cochran Park for the 2010 baseball season, subject to scheduling by the Southold Recreation Department and Hamptons Collegiate Baseball filing a One Million Dollar Certificate of Insurance, with the Town Clerk’s Office, naming the Town of Southold as additional insured, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-850 ? 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 2009-851 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification from Contingent to Copy Paper Fiscal Impact: The town is almost out of copy paper and there isn't any money left in the budget line. The cost of paper rose almost 20% within the past year. Southold Town Meeting Agenda - October 20, 2009 Page 12 RESOLVEDmodifies the 2009 Whole that the Town Board of the Town of Southold hereby Town General Fund budget as follows: From: A.1990.4.100.100 Contingent, C. E. Unallocated Contingencies $1,700.00 To: A.1670.4.100.100 Central Copy/Mail, C.E. Copy Machine Paper $1,700.00 ? Vote Record - Resolution RES-2009-851 ? 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 2009-852 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Adam West to Deer Management Task Force RESOLVEDappoints Adam West to the that the Town Board of the Town of Southold hereby Deer Management Task Force, effective immediately through December 31, 2010. ? Vote Record - Resolution RES-2009-852 ? 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 2009-853 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk 2010 Yearly Town Bids Southold Town Meeting Agenda - October 20, 2009 Page 13 RESOLVEDhereby authorizes and directs the that the Town Board of the Town of Southold Town Clerk to advertise for bids for the following items for 2010: Milk for the Human Resource Center Purchase of Police Department Uniform Clothing Cleaning of Police Department Uniform Clothing Gasoline for Town Vehicles Heating Fuel Oil for Town Buildings Diesel Fuel Oil for Highway Department and Transfer Station Bulk Ice Control Sand for the Highway Department Removal of Scrap Tires from the Transfer Station Town Brown Leaf Bags Town Yellow Garbage Bags Motor Oil and Grease Removal of Electronic Waste (E-Waste) ? Vote Record - Resolution RES-2009-853 ? 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 2009-854 CATEGORY: Employment - Town DEPARTMENT: Accounting Establish Position - Part-Time Electrical Inspector Building Funding for Position in 2010 Budget No Increases for 2010 and 4% for 2011 and 2012 Per Csea Agreement of July 16, 2009 WHEREAS, the TOWN BOARD of the Town of Southold has determined that it is necessary create the position of part-time electrical inspector to , and WHEREAS, the Town has taken the necessary steps with civil service to create such position, and WHEREAS the CSEA has been provided with an opportunity to give suggestions and provide input on salary and has not done so; now therefore be it RESOLVED that the Town Board of the Town of Southold hereby creates the position of Part- commence on or about January 1, 2010, to end December 31, Time Electrical Inspector to Southold Town Meeting Agenda - October 20, 2009 Page 14 2010 , based on an evaluation by the Town Board of the revenue generation and services provided at the time, and establishes a rate of pay as follows: 2009 - $25.66 per hour 2010 - $25.66 per hour 2011 - $26.69 per hour 2012 - $27.76 per hour ? Vote Record - Resolution RES-2009-854 ? 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 2009-855 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Cutchogue Fire Department to Use a Certain Route for Its Annual Halloween Children’s Parade in Cutchogue, on Saturday, October 31, 2009 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Cutchogue Fire Department to use the following route for its Annual Halloween Children’s Parade in Cutchogue, on Saturday, October 31, 2009 beginning at 5:30 PM: begin at Cutchogue West School on Depot Lane north to the Main Road, west on Main Road to New Suffolk Road, south on New Suffolk Road to the Cutchogue Firehouse, 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. Southold Town Meeting Agenda - October 20, 2009 Page 15 ? Vote Record - Resolution RES-2009-855 ? 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 2009-856 CATEGORY: Budget DEPARTMENT: Town Clerk Set PH for 2010 Budget RESOLVED that the Town Board of the Town of Southold does hereby prepare and approve the 2010 Preliminary Budget and 2010 Preliminary Capital Budget of the Town of Southold for the st fiscal year beginning on the 1 day of January, 2010, the itemized statement of estimated revenues and expenditures hereby attached and made a part of this resolution; and be it th 4:00 PM, Wednesday, on the 4 of FURTHER RESOLVED that this Town board shall meet at November, 2009, at the Southold Town Hall for the purpose of holding a public hearing on the Preliminary Budget, and after all persons attending said hearing shall have had an opportunity to be heard in favor or against the Preliminary Budget as compiled, or for or against any item and thereafter convened at 7:00 PM items therein contained, that said hearing be then recessed and on said day for the same purpose; and be it FURTHER RESOLVED that the Preliminary Budget will be available for viewing on the Southold Town official website: southoldtown.northfork.net, and be it FURTHER RESOLVED that the Town Clerk shall give notice of such hearings in the manner provided for in Section 108 of the Town Law and that such notice be published in substantially the following form: LEGAL NOTICE NOTICE OF PUBLIC HEARING ON THE 2010 PRELIMINARY BUDGET AND 2010 PRELIMINARY CAPITAL BUDGET NOTICE IS HEREBY GIVEN that the Preliminary Budget and Preliminary Capital Budget of the Town of Southold, Suffolk County, New York for the fiscal year beginning on January 1, 2010 has been prepared and approved by the Southold Town Board and filed in the Office of the Town Clerk at the Southold Town Hall, 53095 Main Road, Southold, New York, where they are available for inspection and where copies may be obtained by any interested person during Southold Town Meeting Agenda - October 20, 2009 Page 16 business hours. , FURTHER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold will public meet and review said Preliminary Budget and Preliminary Capital Budget and hold a hearing thereon at the Southold Town Hall, 53095 Main Road, Southold, New York, in said 4:00 p.m. and at 7:00 p.m., on Wednesday, November 4, 2009 Town at , and at such hearing any persons may be heard in favor of or against the 2010 Preliminary Budget and 2010 Preliminary Capital Budget as compiled, or for or against any item or items therein contained. FURTHER NOTICE IS HEREBY GIVEN that pursuant to Section 108 of the Town Law, the following are proposed yearly salaries of members of the Town Board, the Town Clerk and the Superintendent of Highways: SCHEDULE OF SALARIES OF ELECTED OFFICIALS (Article 8 of Town Law) OfficerSalary Supervisor $ 86,992.00 Members of the Town Board (4) @ 30,067.00 Town Justice and Member of the Town Board, Fishers Island 47,162.00 Town Justices (2) @ 64,118.00 Town Clerk 90,275.00 Superintendent of Highways 95,857.00 Tax Receiver 34,674.00 Assessors (3) @ 66,214.00 Trustees (5) @ 15,484.00 Budget Summary 2010 Preliminary (To be attached) ? Vote Record - Resolution RES-2009-856 ? 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 - October 20, 2009 Page 17 2009-857 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Amend Resolution 2009-661 RESOLVED amends Resolution No. that the Town Board of the Town of Southold hereby 2009-661 dated July 28, 2009 (which amended Resolution No. 2009-520 dated June 12, 2009) to read as follows : WHEREAS due to financial and budgetary reasons, the Town Board has determined that in addition to other measures, it is necessary to reduce the number of employees in the Town; and WHEREAS as a result of this determination, several positions will have to be abolished; and WHEREAS the Town Board has entered into an Agreement with the CSEA dated July 16, 2009 with respect to certain positions previously abolished by Resolution 2009-520; and WHEREAS the Town Board is actively engaged in contract negotiations with Southold Town PBA; NOW, THEREFORE, BE IT RESOLVED that the Town Board of Town of Southold hereby abolishes the following vacant positions effective June 12, 2009: Title Department Account Clerk Building Building Inspector (3 positions) Building Custodial Worker I (4 positions) Buildings & Grounds Clerk Typist Assessors Driver-Messenger Buildings & Grounds Groundskeeper II Buildings & Grounds Mini-bus Driver Programs for the Aging Planner Planning Police Officer (14 positions) Police Southold Town Meeting Agenda - October 20, 2009 Page 18 Sergeant (2 positions) Police Scale Operator Solid Waste and be it further RESOLVED that the Town Board of Town of Southold hereby abolishes the following non- vacant positions effective November 1, 2009: Title Department Planner Planning (provisional incumbent released 6/16/09) Police Officer (3 positions) Police and be it further RESOLVED that the Town Board of the Town of Southold hereby abolishes the following non-vacant positions effective January 31, 2010: Title Department Police Officer (3 positions) Police and be it further RESOLVED that the above be forwarded to Suffolk County Department of Civil Service for administrative purposes. analysis and determination of which employees will be impacted by this action as required by law. ? Vote Record - Resolution RES-2009-857 ? 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 2009-858 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Modifications Southold Town Meeting Agenda - October 20, 2009 Page 19 Fiscal Impact: Repairs to Grinder due to damage from metal debris; repairs and preventive maintenance last summer from water damage to scales (late billing). RESOLVEDmodifies the 2009 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: Diesel Fuel (SR 8160.4.100.200) $ 7,500 To: Maint/Supplies CBI Grinder (SR 8160.4.100.596) $ 4,000 Scale Maintenance (SR 8160.4.400.600) $ 3,500 ? Vote Record - Resolution RES-2009-858 ? 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 2009-859 CATEGORY: Landfill Misc. DEPARTMENT: Solid Waste Management District Amend Resolution 2009-759 RESOLVEDamends Resolution No. that the Town Board of the Town of Southold hereby 2009-759 as follows: RESOLVED that the Town Board of the Town of Southold hereby sets fees for the Solid Waste Management District effective with the issuance of the 2010-11 permits as follows: 120.00 (two years) Permit Fees $60.00first permit 30.00 (two years) (with charging privileges) $15.00 each additional Permit Fees $30.00 first permit (two years) (two years) (without charging privileges) $15.00 each additional Resident Single Entry Fee $5.00 Southold Town Meeting Agenda - October 20, 2009 Page 20 annually Guest/Lessee Permits $25.00 Non-resident Permits $50.00 annually Tip Fees on Trash and Rubbish $130/ton (non-Town-bag) 2010-11 permits will be made available on November 16, 2009. ? Vote Record - Resolution RES-2009-859 ? 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 2009-860 CATEGORY: Planning DEPARTMENT: Town Attorney Authorizes and Directs the Town Clerk to Forward the Draft Environmental Impact Statement for Northwind Village Proposed Annexation and Development to the Southold Town Planning Board RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to forward the Draft Environmental Impact Statement for Northwind Village proposed Annexation and Development to the Southold Town Planning Board for comments and recommendations. ? Vote Record - Resolution RES-2009-860 ? 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 2009-861 CATEGORY: Advertise DEPARTMENT: Town Clerk Southold Town Meeting Agenda - October 20, 2009 Page 21 Advertise for Vacancy in ZBA Office RESOLVEDhereby authorizes and directs the that the Town Board of the Town of Southold Town Clerk to advertise for the vacancy in the Zoning Board of Appeals Office created by the retirement of Linda Kowalski. ? Vote Record - Resolution RES-2009-861 ? 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 2009-862 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute License Agreements Between the Town of Southold and the Suffolk County Water Authority RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute License Agreements between the Town of Southold and the Suffolk County Water Authority in connection with the relocation of the proposed subsurface pipelines within the Laurel Lake Preserve and access across the Suffolk County Water Authority property adjacent to the Laurel Lake Preserve for use within the Town’s trail system, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-862 ? 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 2009-863 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Southold Town Meeting Agenda - October 20, 2009 Page 22 Accept General Code Proposal on Municity RESOLVED accepts the proposal of that the Town Board of the Town of Southold hereby General Code Publishers Corporation for the Municity Software installation , subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-863 ? 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 2009-864 CATEGORY: Planning DEPARTMENT: Town Attorney Town of Southold Comprehensive Plan WHEREAS , the Town Board of the Town of Southold, pursuant to §272-a of the New York State Town Law, is charged with the responsibility of preparing and adopting a Town of Southold Comprehensive Plan; and WHEREAS , the Town’s existing Comprehensive Plan consists of multiple and voluminous planning documents and studies that date from 1982 to 2008; and WHEREAS , while most of the visions, goals and policies of the existing Comprehensive Plan are still applicable, the Town Board acknowledges the need for a single and concise comprehensive planning document that can be referred to by the community for guidance on Town policies when considering potential uses and impacts from the reuse of property and the development of vacant parcels in the Town; and WHEREAS , Town Law §272-a provides in pertinent part that the Town Board itself, or the Planning Board by resolution of the Town Board, may prepare a proposed Town Southold Town Meeting Agenda - October 20, 2009 Page 23 Comprehensive Plan and amendments thereto. In the event the Planning Board is directed to prepare a proposed Comprehensive Plan or amendment thereto, such Board shall, by resolution, recommend such proposed plan or amendment to the Town Board; NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of directs the Planning Board of the Town of Southold to prepare a new Southold Comprehensive Plan following analysis and review of existing Comprehensive Plan documents and receipt of input and commentary from the public and to submit the same to the Town Board for review and adoption. ? Vote Record - Resolution RES-2009-864 ? 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 2009-865 CATEGORY: Seqra DEPARTMENT: Town Attorney LL/Wireless Code Amendments SEQRA RESOLVED“A that the Town Board of the Town of Southold hereby finds that the proposed Local Law in Relation to Amendments to Wireless Communications Facilities” is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated October 19, 2009, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Southold Town Meeting Agenda - October 20, 2009 Page 24 ? Vote Record - Resolution RES-2009-865 ? 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 2009-866 CATEGORY: Seqra DEPARTMENT: Town Attorney LL/Convenience Stores SEQRA RESOLVED“A that the Town Board of the Town of Southold hereby finds that the proposed Local Law in relation to Amendments to the Zoning Code, Article X entitled Hamlet Business (HB) District and Article XI entitled General Business (B) District” is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated October 19, 2009, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. ? Vote Record - Resolution RES-2009-866 ? 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 2009-867 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Enact LL Wireless Facilities Southold Town Meeting Agenda - October 20, 2009 Page 25 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 WHEREAS that the Town Board of the Town of Southold held a public hearing on the aforesaid 20th day of October, 2009 at 4:35 p.m. Local Law on the at which time all interested persons were given the opportunity to be heard, NOW THEREFOR BE IT RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed “A Local Law in relation to Amendments to Wireless Communications Local Law entitled, 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. §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 Town Meeting Agenda - October 20, 2009 Page 26 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, 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 Southold Town Meeting Agenda - October 20, 2009 Page 27 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 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 Southold Town Meeting Agenda - October 20, 2009 Page 28 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 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. Southold Town Meeting Agenda - October 20, 2009 Page 29 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; (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 Southold Town Meeting Agenda - October 20, 2009 Page 30 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 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 Southold Town Meeting Agenda - October 20, 2009 Page 31 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 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, Southold Town Meeting Agenda - October 20, 2009 Page 32 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. 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 Southold Town Meeting Agenda - October 20, 2009 Page 33 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, 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 Southold Town Meeting Agenda - October 20, 2009 Page 34 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 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. Southold Town Meeting Agenda - October 20, 2009 Page 35 280-72. 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. (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 Southold Town Meeting Agenda - October 20, 2009 Page 36 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 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. Southold Town Meeting Agenda - October 20, 2009 Page 37 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 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. Southold Town Meeting Agenda - October 20, 2009 Page 38 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 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 Southold Town Meeting Agenda - October 20, 2009 Page 39 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 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 Southold Town Meeting Agenda - October 20, 2009 Page 40 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. (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, Southold Town Meeting Agenda - October 20, 2009 Page 41 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 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, Southold Town Meeting Agenda - October 20, 2009 Page 42 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. 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. Southold Town Meeting Agenda - October 20, 2009 Page 43 §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 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 Southold Town Meeting Agenda - October 20, 2009 Page 44 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 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 Southold Town Meeting Agenda - October 20, 2009 Page 45 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 - October 20, 2009 Page 46 ? Vote Record - Resolution RES-2009-867 ? 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 2009-868 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Enact LL 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” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid 20th day of October, 2009 at 4:40 p.m. Local Law on the at which time all interested persons were given an opportunity to be heard, NOW THEREFOR BE IT RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed “A Local Law in relation to Amendments to the Zoning Code, Article X Local Law entitled, 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: 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 Southold Town Meeting Agenda - October 20, 2009 Page 47 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. accessory to gas station uses 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 accessory to gas station uses stores by ensuring, through the appropriate revisions to the accessory 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. A. Permitted uses. The following uses are permitted uses and, except for these uses permitted under subsection A(1), (12) and (13 hereof, are subject to site plan approval by the Planning Board. Subparagraphs 1 through 13 - text remains the same. (14) Convenience stores. 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: Southold Town Meeting Agenda - October 20, 2009 Page 48 (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. )(d) (eSigns for the convenience store shall conform with Article XIX of this Chapter, and further, may not be lit from within. )(e) (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 40,000 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. A. Permitted uses. The following uses are permitted uses and, except for these uses permitted under subsection A(1), (12) and (13 hereof, are subject to site plan approval by the Planning Board. Subparagraphs 1 through 13 - text remains the same. (14) Convenience stores. 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 Southold Town Meeting Agenda - October 20, 2009 Page 49 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: (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. (d) (e) Signs for the convenience store and gas station shall conform with Article XIX of this chapter. (e) (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 Stores at least 1 space per 100 square feet of gross floor area of the retail store, including storage and counter space Southold Town Meeting Agenda - October 20, 2009 Page 50 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-2009-868 ? 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 2009-869 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Droskoski Elect to Purchase & SEQRA WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by the th Estate of Anna T. Droskoski on the 20 day of October, 2009, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-18.-4-7.1. The address is 28105 NYS Route 25. The property is located in the R-80 zoning district and is at the northwesterly intersection of NYS Route 25 and Browns Hill Road in Orient, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 19± acres (subject to survey) of the 21± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the easement will be acquired using Community Preservation Funds. This project is also eligible for partial funding from an awarded grant from the United States Department of Agriculture - Natural Resources Conservation Service (“USDA-NRCS”). The purchase price is $75,500 (seventy-five thousand five hundred dollars) per buildable acre for the 19± acre easement plus acquisition costs. The purchase price is subject to a provision that the landowner satisfies and agrees to any and all Federal requirements imposed in connection with the awarded grant from USDA-NRCS; and Southold Town Meeting Agenda - October 20, 2009 Page 51 WHEREAS, the property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (“LWRP”) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVEDelects to purchase a that the Town Board of the Town of Southold hereby development rights easement on agricultural land owned by the Estate of Anna T. Droskoski, identified as part of SCTM #1000-18.-4-7.1. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. ? Vote Record - Resolution RES-2009-869 ? 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 VI. PUBLIC HEARINGS Southold Town Meeting Agenda - October 20, 2009 Page 52 Motion to recess to Public Hearing ? Vote Record - Resolution RES- ? 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 1. PH 10/20/09 4:35 PM - LL Wireless Facilities 2. PH 10/20/09 4:40 Pm - Convenience Stores 3. PH 10/20/09 4:45 P.M. the Purchase of a Development Rights Easement on Property Owned by the Estate of Anna T. Droskoski Motion to Adjourn Meeting ? Vote Record - Resolution RES- ? 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