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Home My WebLink AboutTB-03/28/2006 ELIZABETH NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD TOWN BOARD REGULAR MEETING March 28, 2006 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, March 28, 2006 at the Meeting Hall, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. Attendee Name Organization Title Status Arrived Albert Krupski Jr. Town of Southold Councilman Present 4:30 PM William P. Edwards Town of Southold Councilman Present 4:30 PM Daniel C. Ross Town of Southold Councilman Present 4:30 PM Thomas H. Wickham Town of Southold Councilman Present 4:30 PM Louisa P. Evans Town of Southold Justice Present 4:30 PM Scott Russell Town of Southold Supervisor Present 4:30 PM Elizabeth A Neville Town of Southold Town Clerk Present 4:30 PM Patricia A Finnegan Town of Southold Town Attorney Present 4:30 PM I. Reports 1. 2005 Annual Financial Report Year ended December 31, 2005 II. Public Notices 1. Renewal of Liquor License with NYS Liquor Authority Harpoon Harry’s Inc., 650 First St., New Suffolk 2. Renewal of Liquor License with NYS Liquor Authority The Old Barge, 750 Old Main Rd., Southold 3. Renewal of Liquor License with NYS Liquor Authority The Cutchogue Diner, Main Rd., Cutchogue 4. Renewal of Retail Winery License with NYS Liquor Authority Lieb Family Cellars, 35 Cox Neck Rd., Mattituck Page 1 March 28, 2006 Town of Southold Board Meeting 5. Application of Liquor License with NYS Liquor Authority Piping Plover Cafe 6. NYSDOT - Notice of Order No Stopping Anytime in Orient - Route 25 7. NYSDEC Notice of Complete Application Joseph Brittman III. Communications IV. Discussion 1. Brush and Leaf Clean Up 9:00 a.m. Peter Harris 2. Code Enforcement Update 9:30 a.m. - Ruth Oliva 3. Planning Issues 10:00 a.m. - Mark Terry, Anthony Trezza, John Sepenoski 4. Exceptions for Minor Actions Councilman Krupski 5. Animal Shelter 6. Filling of Vacancies All Committees 7. Trailer Permit Application Ronnie Hill 8. Executive Session 12:30 p.m. Litigation - Frank Isler 9. Executive Session 1:00 - Melissa Spiro, Land Acquisition 10. Executive Session Litigation - Pisa-Relli Court Action V. Special Presentation 1. Arbor Day Poster Contest Edward Dart, Tree Committee Page 2 March 28, 2006 Town of Southold Board Meeting VI. Minutes Approval 1. Tuesday, January 03, 2006 2. Tuesday, January 31, 2006 3. Tuesday, February 14, 2006 4. Tuesday, February 28, 2006 5. Tuesday, March 14, 2006 6. Statement SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. This is an opportunity for the public to address the Town Board on any issue that appears on the agenda. Would anybody like to speak to the Town Board? There will be an opportunity after the work to address any issue of mutual concern. JOAN EGAN: Good afternoon. Am I coming across? I don’t think so. SUPERVISOR RUSSELL: I can hear you. MS. EGAN: You can hear me but when it is on the tape, on the television, they don’t hear you. TOWN CLERK NEVILLE: For some reason, that mike is very low. There is something wrong with that. SUPERVISOR RUSSELL: Can I ask you to go to the other one, that seems to work better. MS. EGAN: Good afternoon Town Board members, is this better? Can you hear it now? SUPERVISOR RUSSELL: Yes. MS. EGAN: Joan Egan, East Marion. Happy spring time to everyone. Item 292, these little trips up to Melville are necessary? The Town Attorney? It can’t be done by phone or computer? TOWN ATTORNEY FINNEGAN: No. MS. EGAN: No? SUPERVISOR RUSSELL: It is an all day seminar on a complicated subject. Melville is not imposing upon the taxpayers at all, if we send her to Melville. In fact, if she is willing to go, I applaud her. What’s that? MS. EGAN: That is what she gets paid for. SUPERVISOR RUSSELL: That is right. MS. EGAN: Oh, this 294, is this Arthur Foster, Forrester, is that our town code enforcer? SUPERVISOR RUSSELL: No. That is the former Trustee for the town. Page 3 March 28, 2006 Town of Southold Board Meeting MS. EGAN: Yeah. No, no, former code enforcer. COUNCILMAN KRUPSKI: No. He was a former Trustee, Artie Foster. MS. EGAN: Oh, okay. Now, these item 295, (inaudible) incidentally, I did check out the Town recreation center and it is still in pretty bad shape. Item 297, you are accepting a resignation. Is that for age, health or personal? SUPERVISOR RUSSELL: Personal. MS. EGAN: Personal? Again on 301, we have another change at the Human Resource Center. It seems like every meeting we have a change there, which indicates to me poor management and not good for the seniors that go there. That is how I feel. SUPERVISOR RUSSELL: Just so you know, that is actually a promotion for the cook who is there and has worked out really quite well for the senior resource center and we have promoted him. MS. EGAN: Somebody else will have to take his place and there will be somebody new for his place? SUPERVISOR RUSSELL: No. MS. EGAN: No? Okay. Now, on item 306, are we still being charged for the compost? Are we still being charged for that? COUNCILMAN KRUPSKI: In relation to that, I thought we were extending that period for an additional two weeks? JUSTICE EVANS: They used to have free compost up there, I think you get a certain amount free. COUNCILMAN KRUPSKI: There is a certain amount that you can get for free and now you can pay by the yard instead of the pound. MS. EGAN: Yeah. And does anybody know then, maybe you can ask the Town Attorney, if the legal action against the dump has been resolved? I spoke about it at the last meeting. There was a lawsuit… TOWN ATTORNEY FINNEGAN: It has been resolved. I don’t believe there was ever a suit filed. There was a notice of claim filed. MS. EGAN: It has been resolved? Page 4 March 28, 2006 Town of Southold Board Meeting TOWN ATTORNEY FINNEGAN: Yes. MS. EGAN: I shall check it out. You know that. Saw them at mass this morning. Now there will be a public hearing, will part of that be in regard to the Factory…. SUPERVISOR RUSSELL: The public hearing is for the sanitary flow credits to be transferred to that parcel only. It is going to be a public hearing tonight. I don’t believe the Town Board is in any position to take a vote tonight but we do want to hear from the public for their input. MS. EGAN: Now, this item 307, I guess a pretty big suit (inaudible)… TOWN ATTORNEY FINNEGAN: Our office will be handling that. MS. EGAN: Is Mrs. Finnegan going to be doing that? SUPERVISOR RUSSELL: Yes. TOWN ATTORNEY FINNEGAN: Yes. MS. EGAN: Now, how, it says that this item 308, that is my hometown and you want to put a trailer there for six months. Do you, do they grant extensions on those, if necessary? SUPERVISOR RUSSELL: They can come back for another six months, the permit is essentially for six months, so they can come back in six months and ask for another six months but it gives us the opportunity to review after six months as to the status. MS. EGAN: In here is something about the summer people, you know, lifeguards and all of that. And who is in charge of that? SUPERVISOR RUSSELL: That would be Ken Reeves. MS. EGAN: Well, I have a lot of disrespect with the lifeguards at Jack’s each year and it is a pretty easy job, it is a nice job but I think they can do a little bit more than just have a little gossip committee there. And I will check that out. Thank you very much. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Board on any issue? (No response) UNIDENTIFIED: It says here that you are only open to… SUPERVISOR RUSSELL: The agenda items. We will have an open session right after we conduct the business. UNIDENTIFIED: (Inaudible) Page 5 March 28, 2006 Town of Southold Board Meeting VII. Resolutions 2006-289 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit March 28, 2006 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby March 28, 2006. ? Vote Record - Resolution 2006-289 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-290 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Board Meeting April 11, 2006 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, April 11, 2006 at the Southold Town Hall, Southold, New York at 7:30 P. M.. ? Vote Record - Resolution 2006-290 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-291 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Amend Resolution No. 2006-178 Adopted At the January 31, 2006 Regular Town Board Meeting Regarding Fishers Island Bay Constables Page 6 March 28, 2006 Town of Southold Board Meeting RESOLVEDamends Resolution No. that the Town Board of the Town of Southold hereby 2006-178 adopted at the January 31, 2006 regular Town Board meeting to read as follows : RESOLVED that the Town Board of the Town of Southold hereby appoints Michael Conroy as hereby authorizes and directs Supervisor Scott a full-time Fishers Island Bay Constable, and A. Russell to execute an agreement between the Town of Southold and Michael Conroy, Fishers Island, to perform services as a Fishers Island Bay Constable for the purpose of patrolling the waters in and around the Town of Southold at Fishers Island , at a compensation of $2,500.00 per annum, effective January 1, 2006 through December 31, 2006, the Town to pay all expenses for fuel required for the operation of Mr. Conroy’s boat while he is performing services for the Town, and up to $250.00 during the term of the agreement for the servicing of the motor of Mr. Conroy’s boat, and shall reimburse Mr. Conroy for expenses for dock space, not to exceed $705.50 per annum; and be it further RESOLVED that the Town Board of the Town of Southold hereby appoints Bruce Hubert and hereby authorizes and directs John Evans as part-time Fishers Island Bay Constables, and Supervisor Scott A. Russell to execute agreements between the Town of Southold and Bruce Hubert, Fishers Island, and John Evans, Fishers Island, to perform services as Fishers Island Bay Constables for the purpose of patrolling the waters in and around the Town of Southold at Fishers Island , at a compensation of $1,250.00 per annum, effective January 1, 2006 through December 31, 2006, the Town to pay all expenses for fuel required for the operation of Mr. Hubert’s boat and Mr. Evans’ boat while they are performing services for the Town, and up to $250.00 during the term of the agreement for the servicing of the motor of Mr. Hubert’s boat and Mr. Evans’ boat, and shall reimburse Mr. Hubert for expenses for dock space, not to exceed $705.50 per annum, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution 2006-291 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Seconder ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?????????? Tabled Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter Page 7 March 28, 2006 Town of Southold Board Meeting 2006-292 CATEGORY: Attend Seminar DEPARTMENT: Town Attorney Grant Permission to the Town Attorney, Patricia A. Finnegan, to Attend a Seminar At the Marriott Hotel, Melville RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Town Attorney, Patricia A. Finnegan, to attend a seminar on March 30, 2006 in Melville at the Marriott Hotel entitled “Navigating the Maze of Land Use Regulations” . All fees and travel expenses are to be a legal charge to the Town Attorney 2006 budget. ? Vote Record - Resolution 2006-292 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Initiator ?? Adopted as Amended ???????? ??Daniel C. Ross Seconder Defeated ?????????? Tabled Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-293 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorize and Direct Supervisor Scott A. Russell to Execute Maintenance Agreements Between Harold’s LLC (Harold Cook) and the Town of Southold RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute Maintenance Agreements between Harold’s LLC (Harold Cook) and the Town of Southold for the maintenance of the Pump Station of the Fishers Island Sewer District for a period of two years effective June 1, 2006 through May 31, AND 2008, for the sum of $1,691.79 for year one, and $1,776.38 for year two for the maintenance of the Grounds of the Fishers Island Sewer District for two years effective June 1, 2006 through May 31, 2008, for the sum of $943.93 for year one and $991.13 for year two, subject to the approval of the Town Attorney. Page 8 March 28, 2006 Town of Southold Board Meeting ? Vote Record - Resolution 2006-293 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Initiator Defeated ?????????? Tabled Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-294 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Amend Resolution No. 17 of 2005 Adopted At the January 18, 2005 Regular Town Board Meeting RESOLVEDamends Resolution No. 17 that the Town Board of the Town of Southold hereby of 2005 adopted at the January 18, 2005 regular Town Board meeting to read as follows : WHEREAS , the Planning Board on January 14, 1997, approved the Minor Subdivision of Arthur Foster at Mattituck; and WHEREAS , the Planning Board’s approval was conditioned upon the 20,959 square foot area as depicted on the subdivision plat being dedicated to the Town of Southold for drainage purposes; and it is further RESOLVEDaccepts, for drainage that the Town Board of the Town of Southold hereby purposes, the area depicted for dedication to the Town of Southold, as shown on the attached Minor Subdivision Map for Arthur Foster at Mattituck, and further authorizes Supervisor Scott A. Russell to execute the conveyance documents and all other necessary documents to effectuate same , all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution 2006-294 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter Page 9 March 28, 2006 Town of Southold Board Meeting 2006-295 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement with the Following Individuals for the Spring 2006 Recreation Programs RESOLVEDauthorizes and directs Supervisor that the Town Board of the Town of Southold Scott A. Russell to execute an agreement with the following individuals for the spring 2006 recreation programs , all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2006 instructor line A7020.4.500.420. Cynthia Mignone (Youth Night Program)……………………….. $25/hour Megan Schutt (Youth Night Program)…………………………… $25/hour Jill Franke (Youth Night Program)………………………………. $25/hour Glen Franke (Youth Night Program)…………………………….. $25/hour Candice Schott (Youth Night Program)…………………………. $25/hour Connie Rosnack (Youth Night Program)………………………… $25/hour Tom Gadomski (Youth Night Program)…………………………. $25/hour Kathy Gadomski (Youth Night Program)……………………….. $25/hour Kristina Amato (after school program)………………………… $25/hour ? Vote Record - Resolution 2006-295 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-296 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Oysterponds School to Use Town Roads for Its 5K Run/Walk Race In Orient on Saturday, May 6, 2006 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Oysterponds School to use the following roads for its 5K Run/Walk Race in Orient on Saturday, May 6, 2006 beginning at 10:00AM: Platt Road, Halyoke Road, Orchard Street, Narrow River Road, Harbor Street, Douglass Street, King Street, Village Lane, and Tabor Road Page 10 March 28, 2006 Town of Southold Board Meeting provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. ? Vote Record - Resolution 2006-296 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Seconder ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-297 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Accept the Resignation of Frederick Lee From the Position of a Member of Land Preservation Committee RESOLVEDaccepts, with regret, the that the Town Board of the Town of Southold hereby resignation of Frederick Lee from the position of a member of Land Preservation Committee , effective immediately. ? Vote Record - Resolution 2006-297 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Initiator ?? Adopted as Amended ???????? ??Daniel C. Ross Seconder Defeated ?????????? Tabled Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-298 CATEGORY: Budget DEPARTMENT: Accounting Authorize the Establishment of a Project In the 2006 Capital Budget - Town Clerk Scanner RESOLVED authorizes the that the Town Board of the Town of Southold hereby establishment of the following Capital Project in the 2006 Capital Budget : Capital Project Name: Scanners Financing Method: Transfer from General Fund Whole Town Page 11 March 28, 2006 Town of Southold Board Meeting Budget: Revenues: H.5031.35 Interfund Transfers $6,500.00 Appropriations: H.1680.2.600.200 Central Data Processing Capital Outlay Scanners $ 6,500.00 ? Vote Record - Resolution 2006-298 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Initiator Defeated ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-299 CATEGORY: Misc. Public Hearing DEPARTMENT: Land Preservation Set Tuesday, April 11, 2006, At 8:00 P.M., Southold Town Hall, 53095 Main Road, Southold, New York As the Time and Place for a Public Hearing for the Purchase of a Development Rights Easement on a Portion of the Property Owned by Thomas L. Shalvey, Jr. and Catherine S. Russo, As Executors of the Estate of Thomas L. Shalvey, Sr., Dorothy Shalvey and Frank Blados, Jr. RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands) and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of sets Tuesday, April 11, 2006, at 8:00 p.m., Southold Town Hall, 53095 Main Southold hereby Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on a portion of the property owned by Thomas L. Shalvey, Jr. and Catherine S. Russo, as Executors of the Estate of Thomas L. Shalvey, Sr., Dorothy Shalvey and Frank Blados, Jr. Said property is identified as part of SCTM #1000-84-2-2.1. The address is 5200 Bridge Lane, Cutchogue, New York. The property is located at the northeast corner of Bridge Lane and County Road 48, extending approximately 1687 feet northerly along Bridge Lane and approximately 124 feet easterly along County Road 48 in Cutchogue in the A-C zoning district. The proposed acquisition is for a development rights easement of approximately 16.5 acres on the 20.0 acre parcel. Page 12 March 28, 2006 Town of Southold Board Meeting The exact area of the purchase is subject to a Town provided survey acceptable to the Land Preservation Committee. The purchase price is $52,000 (fifty-two thousand dollars) per buildable acre. The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural value, scenic vista, and as an aquifier recharge area; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. ? Vote Record - Resolution 2006-299 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?????????? Tabled Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-300 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute a Proposal Between the Town of Southold and Diversified Technology Consultants RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute a Proposal between the Town of Southold and Diversified Technology Consultants regarding engineering services to assist the Fishers Island Sewer District in maintaining the wastewater facilities and comply with NYSDEC requirements for 2006, subject to the approval of the Town Attorney. Page 13 March 28, 2006 Town of Southold Board Meeting ? Vote Record - Resolution 2006-300 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?????????? Tabled Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-301 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Michael DeVito to the Position of a Senior Cook RESOLVEDappoints Michael DeVito to that the Town Board of the Town of Southold hereby the position of a Senior Cook for the Human Resource Center, effective March 30, 2006, at a rate of $41,233.35 per annum. ? Vote Record - Resolution 2006-301 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Seconder ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-302 CATEGORY: Budget DEPARTMENT: Town Attorney Authorize and Direct Supervisor Scott A. Russell to Authorize the Solid Waste Department to Declare the Interest that Continued to Accrue on Past Due Landfill Accounts As Uncollectible Accumulated Interest that Should be Removed From Said Accounts RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to authorize the Solid Waste Department to declare the interest that continued to accrue on the following past due Landfill accounts, after they were paid in accordance with the demand letter sent by the Office of the Town Attorney, as uncollectible accumulated interest that should be removed from said accounts : Scott J. Oliver Account #1314 Interest Amount = $23.10 Tew Brothers Excavating, Inc. Account #1820 Interest Amount = $35.42 Page 14 March 28, 2006 Town of Southold Board Meeting SPC Landscape Contracting Account #6014 Interest Amount = $27.84 ? Vote Record - Resolution 2006-302 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? William P. Edwards Initiator ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-303 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Authorize a One Month Unpaid, Leave of Absence for Eileen Conrad, Clerk Typist RESOLVEDauthorizes a one month that the Town Board of the Town of Southold hereby unpaid leave of absence effective March 30, 2006for Eileen Conrad, Clerk Typist in the Southold Town Police Department. ? Vote Record - Resolution 2006-303 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Initiator Defeated ?????????? Tabled Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-304 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Police Dept Authorize and Direct Supervisor Scott A. Russell to Enter Into a 60 Month Lease Agreement Between the Town of Southold and IKON Office Solutions RESOLVED uthorizes and directs that the Town Board of the Town of Southold hereby a Supervisor Scott A. Russell to enter into a 60 month lease agreement between the Town of Southold and IKON Office Solutions for a Ricoh 3035 copier for the Southold Town Police Department, at a monthly cost of $365.00 pursuant to the New York State contact price, all in accordance with the Town Attorney. Budget line A.1670.2.200.500 Page 15 March 28, 2006 Town of Southold Board Meeting ? Vote Record - Resolution 2006-304 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?????????? Tabled Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-305 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk Authorize and Direct the Town Clerk to Advertise for Various Road Treatment Bids for the Calendar Year 2006. RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for various road treatment bids for the calendar year 2006 . ? Vote Record - Resolution 2006-305 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?????????? Tabled Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-306 CATEGORY: Public Service DEPARTMENT: Town Clerk Authorize the Acceptance of Residential Leaves and Brush At the Southold Town Compost Facility, Free of Charge, for Four (4) Weeks In Connection with the Spring Cleanup for the Year 2006 Starting Saturday, April 15, Through Sunday, May 14Th RESOLVED that the Town Board of the Town of Southold hereby authorizes residential leaves and brush at the Southold Town Compost the acceptance of facility, free of charge, for four (4) weeks in connection with the Spring Cleanup for the year 2006 starting Saturday, April 15, through Sunday, May 14th ; and be it FURTHERRESOLVEDSpring Cleanup will , that the Highway Department commence on April 17, 2006, in Laurel. Page 16 March 28, 2006 Town of Southold Board Meeting ? Vote Record - Resolution 2006-306 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Seconder ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?????????? Tabled Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-65 Tabled 1/3/2006 11:00 AM CATEGORY: Organizational DEPARTMENT: Town Clerk Appoint Members to the Anti-Bias Task Force Steering Committee RESOLVEDappoints the following that the Town Board of the Town of Southold hereby members to the Anti-Bias Task Force Steering Committee: Michael Simon March 31, 2009 Mary M. McCabe March 31, 2008 ? Vote Record - Resolution 2006-65 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Initiator ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Seconder ?????????? Tabled Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-66 Tabled 1/3/2006 11:00 AM CATEGORY: Organizational DEPARTMENT: Town Clerk Appoint Members to the Architectural Review Committee RESOLVEDappoints the following that the Town Board of the Town of Southold hereby members to the Architectural Review Committee: Elizabeth Thompson March 31, 2007 Joseph Lee March 31, 2009 Page 17 March 28, 2006 Town of Southold Board Meeting ? Vote Record - Resolution 2006-66 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Initiator Defeated ?????????? Tabled Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-67 Tabled 1/3/2006 11:00 AM CATEGORY: Organizational DEPARTMENT: Town Clerk Appoint the Members to the Board of Ethics RESOLVEDappoints the following that the Town Board of the Town of Southold hereby members to the Board of Ethics: Frederick A. Ross March 31, 2010 Peter R. McGreevy March 31, 2009 Denis Noncarrow March 31, 2011 ? Vote Record - Resolution 2006-67 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-69 Tabled 1/3/2006 11:00 AM CATEGORY: Organizational DEPARTMENT: Town Clerk Appoint Members to the Conservation Advisory Council RESOLVEDappoints the following that the Town Board of the Town of Southold hereby members to the Conservation Advisory Council: Joyce Grigonis March 31, 2009 Peter A Young March 31, 2009 James C Eckert March 31, 2007 Page 18 March 28, 2006 Town of Southold Board Meeting ? Vote Record - Resolution 2006-69 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?????????? Tabled Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-73 Tabled 1/3/2006 11:00 AM CATEGORY: Organizational DEPARTMENT: Town Clerk Appoint Members to the Historic Preservation Commission RESOLVEDappoints the following that the Town Board of the Town of Southold hereby members to the Historic Preservation Commission, for the following terms: James Garretson March 31, 2009 Barbara Schnitzler March 31, 2009 ? Vote Record - Resolution 2006-73 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?????????? Tabled Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-74 Tabled 1/3/2006 11:00 AM CATEGORY: Organizational DEPARTMENT: Town Clerk Appoint Members to the Land Preservation Commission: RESOLVEDappoints the following that the Town Board of the Town of Southold hereby members to the Land Preservation Commission : Lillian Ball March 31, 2008 Christian F Baiz, III March 31, 2007 Page 19 March 28, 2006 Town of Southold Board Meeting ? Vote Record - Resolution 2006-74 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? William P. Edwards Initiator ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?????????? Tabled Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-75 Tabled 1/3/2006 11:00 AM CATEGORY: Organizational DEPARTMENT: Town Clerk Appoint Member to the Parks, Beaches and Recreation Committee RESOLVEDappoints the following that the Town Board of the Town of Southold hereby member to the Parks, Beaches and Recreation Committee: Michael Comando March 31, 2009 ? Vote Record - Resolution 2006-75 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Initiator Defeated ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-76 Tabled 1/3/2006 11:00 AM CATEGORY: Organizational DEPARTMENT: Town Clerk Appoint Member to the Police Advisory Committee RESOLVEDappoints the following that the Town Board of the Town of Southold hereby member to the Police Advisory Committee: Denis Salzman March 31, 2008 Page 20 March 28, 2006 Town of Southold Board Meeting ? Vote Record - Resolution 2006-76 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Seconder ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?????????? Tabled Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-78 Tabled 1/3/2006 11:00 AM CATEGORY: Organizational DEPARTMENT: Town Clerk SUPERVISORS APPOINTMENT Appoint Members to the Storm Water Run-Off Committee SUPERVISORS APPOINTMENT RESOLVEDappoints the following that the Town Board of the Town of Southold hereby members to the Storm Water Run-off Committee, term to expire March 31, 2007: Robert Ghosio Jill Doherty Lorne Brousseau ( Marine Science) James King (Shellfish Industry) Marie Domenici James McMahon/ Jamie Richter (DPW) Peter Harris (Highway) Supervisor Scott Russell Councilman Krupski ? Vote Record - Resolution 2006-78 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Initiator 2006-307 CATEGORY: Litigation DEPARTMENT: Town Attorney Authorizes and Directs the Town Attorney’s Office to Commence an Action In Supreme Court, Suffolk County, Against William Pisa-Relli Page 21 March 28, 2006 Town of Southold Board Meeting RESOLVEDhereby authorizes and directs the that the Town Board of the Town of Southold Town Attorney’s Office to commence an action in Supreme Court, Suffolk County, against William Pisa-Relli to direct Mr. Pisa-Relli to remove an illegal hinged ramp and floating dock in Mudd Creek. ? Vote Record - Resolution 2006-307 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?????????? Tabled Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-308 CATEGORY: Trailer Permit DEPARTMENT: Town Clerk Approve the Trailer Permit Application of RLH Land Planning Services, Inc. by Ronnie Hill RESOLVEDapproves the trailer permit that the Town Board of the Town of Southold hereby application of RLH Land Planning Services, Inc. by Ronnie Hill , East Marion, New York, for a period of six (6) months, granting permission to locate a trailer on the property at 745 Golf View Court, East Marion, New York, SCTM # 1000-30-02-132 to be used as a one family dwelling/office trailer during the construction of new residence until completion of same. ? Vote Record - Resolution 2006-308 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Seconder ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-309 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Suffolk Bicycle Riders’ Association to Use Town Roads for Their Annual Bike - Boat - Bike Event on Sunday, June 4, 2006 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Suffolk Bicycle Riders’ Association to use the following Town Roads for their Annual Bike Page 22 March 28, 2006 Town of Southold Board Meeting – Boat - Bike event on Sunday, June 4, 2006, from 7:00 a.m. to 3:00 p. m , provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured and notify Lt. Flatley ten (10) days prior to the event to coordinate traffic: New Suffolk Avenue, Grathwohl Road, Depot Lane, Mill Road, Soundview Road, Soundview Road Ext., Lighthouse Road, Moores Lane, Albertson Lane, Youngs Avenue, Calves Neck Road, Hill Road, Wells Road, Oaklawn Avenue, Jockey Creek Drive, Ackerly Pond Lane, North Bayview Road, Main Bayview Road, Cedar Avenue, Cedar Beach Road, Bridge Lane, Oregon Road, Wickham Avenue, Westphalia Road, Sound Avenue, and Factory Lane. ? Vote Record - Resolution 2006-309 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Initiator ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?????????? Tabled Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-310 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Ratify the Agreement Between the Town of Southold and the CSEA Dated March 28, 2006. RESOLVEDratifies the agreement that the Town Board of the Town of Southold hereby between the Town of Southold and the CSEA dated March 28, 2006 , which was ratified by the CSEA on March 16, 2006. ? Vote Record - Resolution 2006-310 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Initiator Defeated ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-311 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Reject Any and All Bids Received for the Construction of the Southold Town Animal Shelter Page 23 March 28, 2006 Town of Southold Board Meeting RESOLVEDrejects any and all bids that the Town Board of the Town of Southold hereby received for the construction of the Southold Town Animal Shelter. ? Vote Record - Resolution 2006-311 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?????????? Tabled Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-312 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Cara Wells to the Board of Assessment Review Committee RESOLVEDappoints Cara Wells to the that the Town Board of the Town of Southold hereby Board of Assessment Review Committee , term to expire March 31, 2008. ? Vote Record - Resolution 2006-312 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?????????? Tabled Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-313 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact the Local Law Entitled, “A Local Law In Relation to Amendments to Uses Within the Hamlet Density Residential District.” WHEREAS the Town Board of the Town of Southold has conducted an uncoordinated SEQRA review of the proposed amendment to Chapter 100, Section 100-42 regarding the uses in the Hamlet Density district; and WHEREAS the Town Board of the Town of Southold designated itself Lead Agency and adopted a Negative Declaration on September 27, 2005, and determined that the adoption of this proposed Local Law would not have a significant adverse effect on the environment; and Page 24 March 28, 2006 Town of Southold Board Meeting WHEREAS the Town Board has reviewed the Negative Declaration and determined that no circumstances or conditions have materially changed the findings adopted on September 27, 2005, and thereby reaffirms the Negative Declaration previously adopted; and WHEREAS a public hearing was held on this Local Law on September 27, 2005 and no formal action was taken; and WHEREAS the Town Board of the Town of Southold reviewed the Local Law entitled “A Local Law in Relation to Amendments to Uses Within the Hamlet Density Residential District” on March 14, 2006 and determined to hold an additional public hearing on said proposed local law; and WHEREAS a public hearing was held on the aforesaid Local Law at the Southold Town Hall, th Southold, NY, on the 28 day of March, 2006 at 5:05 p.m. at which time all persons were given the opportunity to be heard; and now therefor be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the Local Law A Local Law in relation to Amendments to Uses Within the Hamlet Density entitled, “ Residential District ” to read as follows: LOCAL LAW NO. __5__ 2006 A Local Law entitled, “A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose – This amendment is intended to permit a variety of housing types and arrangements in the Hamlet Density Residential District, and to subject those uses to the recently enacted residential site plan approval process. This amendment is also intended to avoid the result of parcels in this district undergoing subdivision, without being subject to the residential site plan requirements that govern the design, arrangement and community integration of such parcels, in addition to lot yield, environmental and affordable housing considerations. The amendment would thus permit the use of more than one single family dwelling on a lot in this Page 25 March 28, 2006 Town of Southold Board Meeting district; more than one two family dwelling per lot; and multiple dwellings, townhouse, row or attached houses. All such uses would then be subject to residential site plan approval. The density requirements for any and all of these uses would not be changed, and lot yield in accordance therewith would be calculated in the residential site plan approval process. II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: § 100-42. Use regulations. In the HD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. (1) One-family detached dwellings, subject to residential site plan approval for more than one such structure per lot. (2) Two-family dwellings, subject to residential site plan approval for more than one such structure per lot. (3) Multiple dwellings, townhouses, row or attached dwellings, subject to residential site plan approval. (4) Continuing care facility and life care community. [Added 11-22-1996 by L.L. no. 20- 1996] B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board: (1) Multiple dwellings, townhouses, row or attached houses. (1) Accessory apartments in single-family residences as set forth in and regulated by § 100-31B(13) of the Agricultural-Conservation District. (2) Bed-and-breakfast uses as set forth in and regulated by § 100-31B(14), without site plan approval.EN (3) Health care facilities. [Added 11-12-1996 by L.L. No. 20-1996] 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 Page 26 March 28, 2006 Town of Southold Board Meeting This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution 2006-313 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ???????? ??Daniel C. Ross Voter Defeated ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter VIII. Public Hearings RPH ECESS TO UBLIC EARING ? Vote Record - Public Hearing #1 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Voter ? Adjourned ???????? Daniel C. Ross Voter ?? Closed ???????? Thomas H. Wickham Seconder ???????? Louisa P. Evans Voter ???????? Scott Russell Initiator Public Hearing # 1 S28TDM, 2006, A5:00 P.M., STHAT ET THE H AY OF ARCHT OUTHOLD OWN ALL S THE IME PHPHACDCLI H AND LACE TO OLD A UBLIC EARING ON THE PPLICATION OF OUSING DCTSFC EVELOPMENT ORPORATION FOR RANSFER OF ANITARY LOW REDITS NOTICE IS HEREBY GIVEN COUNCILMAN WICKHAM: that the Town Board of the hold a public hearing on the application of CDCLI Housing Town of Southold will Development Corporation for transfer of Sanitary Flow Credits at the Southold Town Hall, th 53095 Main Road, Southold, New York, on the 28 day of March, 2006 at 5:00 p.m. at which time all interested persons will be given an opportunity to be heard. The applicant has requested the transfer of twelve (12) Sanitary Flow Credits in order to allow for the construction of twenty-four (24) affordable housing units located at 895 Factory Avenue, Mattituck, New York 11952. I have notices here that this has gone out as certified mail to the attorneys. I have a notice that it has appeared on the Town Clerk’s bulletin board outside and as a legal in the Suffolk Times newspaper. I have quite a few communications on this subject and I will just read some of them and I will try to briefly characterize some of the others. This one is from the Department of Health Services, Suffolk County from Walter J. Hilbert, P.E. Chief of the Office of Wastewater Management of the County. ‘Dear Mrs. Zucker, I am responding to your request to verify the permitted housing yield for this site. As you are aware, the Town of Southold has developed an affordable housing ordinance in conjunction with the Suffolk County Department of Health. A component of this ordinance allows for the doubling of the as of right density on a site if the transfer of development rights are utilized. I have reviewed the proposed yield map for the Page 27 March 28, 2006 Town of Southold Board Meeting Cottages at Mattituck and concur that a yield of 12 lots is permitted under the Suffolk County Sanitary Code. The Department would have no objection to the density being doubled on this site to 24 lots, provided that 12 sanitary credits are assigned to this lot from the town bank and all other provisions of the sanitary code are met. I hope this information is of use to you.’ There follows a letter from one Gregory Steadman, who has asked that it be read, is Gregory here tonight? Then I will let you read it later? I will just pass it on. I am sure he can do a better job than I can. Is Kim Fuentes here tonight? Would you like to read your letter later? I could characterize it briefly. ‘Regarding opposition to the affordable housing project proposed by the Town. It has come to my attention in the recent weeks that the Town Board in alliance with western Suffolk County organization known as CDCLI wishes to build 24 affordable homes on 7.4 acres of land that borders my property on Sound Avenue. As I understand it, based on the most recently updated Master Plan of the Town of Southold, this parcel is zoned in an R-80 district, which allows for two acre zoning. CDCLI is requesting that the Town drop its zoning requirements to create 24 one acre lots. This goes against the directive of the Town Master Plan which was instituted to protect the quality of life of its community and to provide environmental safeguards. As Mattituck residents who will bear the brunt of this project, we have already spoken out about the traffic concerns, about the density and damaging effects that this project will have on the quality of life. What the town seems to forget, is that the working class does not exist, the people who are against this project are the working people who have saved and bought a house at great sacrifice to them but without sacrificing the quality of life that brought them here in the first place. There is no mention to the limited access to the proposed single family homes, as they are planned to be squeezed into an undersized width piece of land in between existing homes in between Old Sound Avenue and Factory Avenue. The SEQRA review also does not properly address the nature of this property. No mention of wetlands in the form of a pond or its unique wildlife in the form. A concern of the proposed transfer of sanitary flow credits, which I understand are required based on Suffolk County Health Department regulations of one septic system per half acre, it seems here that local government does not agree with this assessment and wishes to enact their own regulations making my community the receiving area of the sanitary flow. It is my understanding that the town can be more stringent than the county but not less. Is CDCLI requesting yet another variance on this front? And does the negative impact of an overflow of sewage, due to high density, get transferred back to the area from which it was originally transferred? And if so, can the people who originally did the SEQRA and issued a neg dec kindly explain how that works? My home will be vulnerable, not only to noise but also environmental pollution. Construction vehicles, rumbling past my home only two and a half feet from my window are not only a nuisance but dangerous. What does the town intend to do when damage is done to this home and property from direct contact caused by construction vehicles and traffic accessing the road? I would like to make clear that I do support the creation of affordable housing for young families who already reside in Southold and in particular, Mattituck however, by eliminating the apartment component of the project, the company has effectively the only element that could be considered truly affordable in this project. Thus this is no longer really an affordable housing project. Finally, I would like to state that I am one of these working class people who would have qualified for affordable housing and chose to buy into the current market with much sacrifice and saving. It is not fair to me nor to the other working class families to have our investments devalued in terms of quality of life for the profit of a few developers who will not live in this community. Sincerely, Kim Fuentes.’ Let’s see Page 28 March 28, 2006 Town of Southold Board Meeting what else we have. This is one from Carol Sullivan. Carol, would you like to read your letter? ‘My work schedule does not allow me to take two consecutive afternoons and so these are the concerns that I have for the subdivision. Road access. The current plan is for a cul de sac off of Sound Avenue. Traffic on both Sound Avenue and Factory is heavy and increases steadily each year particularly the summer season.’ And there follows three sub notes on this topic. ‘The new road as designed is only 50 feet wide, including the non paved portion. Given that the community is very vehicle oriented, we do not feel that this is adequate. B. Access at Sound Avenue will not allow for any buffer to the adjacent properties. The 50 foot road width would touch the lot lines on the east and west boundaries at this portion of the site. It will put incoming cars under 10 feet from the westerly adjacent house. The quality of life for this home owner and their tenant would be adversely affected. It frightens me to think that this is considered good planning and design. And C, adding vehicular access at Factory Avenue would alleviate some of this increased volume and would also create a more direct route to the shopping area. Yes, it would sacrifice one or two proposed homes but since the developer isn’t paying for the land, the taxpayers are, they should be more considerate to the community who funds them and has to live with the consequences.’ There follows, the next item has to do with lot coverage and size. ‘Based on the proposed site plans, the lots to the west are only 60 by 100 feet and these are only .15 of a builders acre. Not the .25 discussed in the Town meetings. Based on the current design, these lots would not satisfy the minimum setbacks for front and side rear yards. While we understand that the developer can play with lot sizes, there is a big difference between 0.15 and 0.25 and as the Department of Health Credits requires for sanitary flow 0.5 of an acre. If the accessory apartments are being eliminated and now all of the units will now have the same footprint, we would like to see a more equitable distribution of lot sizes between the eastern and western lots. D. The density of housing as proposed will feel more like a trailer parks found along Mill Road in Riverhead and less like the rendering or its predecessors, such as Camp Mineola. And finally, regarding emergency vehicles. Given the density of this housing, it will be paramount to the life, safety of these residents that the narrow road, width and density of car parking will still enable emergency vehicle access to this site, especially if the road is a cul-de- sac. The proposed design has the houses very close together. There is no emergency access as designed other than Sound Avenue exit. Finally, zoning for enlarging the houses. We would like to know what codes and regulations will govern these units from being over expanded. For instance, adding a second floor on these houses would have a very direct impact on the scale of the neighborhood and the available light to the adjoining properties. Thank you for your time.’ There follows a note to the Town Board from the Southold Town Housing Advisory th Commission. ‘On March 15, Supervisor Russell attended the regular meeting of the Housing Advisory Commission. At that meeting, the Supervisor explained the changes to the CDC’s original proposal as recently presented to the Town Board. These changes provide for a reduction in density to 24 two bedroom, single family detached homes and allows CDC to offer 12 of these homes at $165,000 each with the remaining 12 at $213,000. The first 12 homes will be offered to those qualified at 80% and below of the median household income and the remaining homes to those at 100% or less. According to home sales data compiled by Suffolk Research Service, Inc, the median price of a home in Southold Town rose more than 129% between 2000 and 2005. This rise has far outstripped the rise in wages over the same period for local residents. Those who did not already own a home before this rise simply cannot afford to buy a home today. This project is a significant attempt to address this imbalance, provide Page 29 March 28, 2006 Town of Southold Board Meeting ownership opportunities for those who live and work here and create affordability in perpetuity. The housing Advisory Commission supports the current 24 unit proposal at $165,000 and $213,000 each. The changes made to the development are good changes and now we must move forward. To advance this important affordable housing initiative, the Housing Commission recommends that the Town Board grant the pending application for change of zone to affordable as well as to assign 12 sanitary flow credits. Both of these measures are essential to make this proposed development a reality. The Housing Advisory Commission thanks the Supervisor and the Board for their keen interest and diligent efforts to create affordable ownership opportunities for the people of Southold Town.’ And I have some legal stuff here that I don’t think is important to the substance of the issue. Mr. Supervisor, I think that is all. Would anybody like to address the Board? And I see some faces, I would imagine that there are plenty of people that would like to address the Board. I am going to ask this lady to go first because she was patient and waited. HAZEL JEFFCOAT-FUNKE: Thank you, Mr. Russell. It is a great pleasure to see you. And I recognize Mr. Wickham it is a great pleasure to see him. Especially remembering my son in kindergarten breaking ground at the (inaudible) school, the only boy out of the whole kindergarten grade. Our town had received a great increase of residents that year and we went from two kindergarten classes to five in one year. And Mrs. Neville and Mrs. Evans, it is a great pleasure to see you as well. I have been out of town for a while. My name is Hazel Venice Jeffcoat-Funke and I live at 2350 Kenney’s Road. That is right off Route 48 here in Southold Town. I am coming to talk to you because of a 1998 public hearing that was held at the Southold Town Recreation Center, whereby myself and a group of friends that I know because of our organic farms and our health food store. Unfortunately, a lot of our agricultural business out here has been advised to use pesticides and fertilizers that have caused a lot of poisoning to our water tables and damage that is uncountable by anyone. So your townspeople are dying. We were advised by the State, Senate LaValle came out and Congresswoman Acampora came out, I remember Representatives Forbes and Fields. I don’t have the minutes with me, I am trying to get them. At that meeting, I stood up and I asked our…. SUPERVISOR RUSSELL: I am sorry, Hazel, I am going to put you in a very difficult position, I hate to do that. The, we are currently in the middle of the public hearing for the housing in Mattituck. Is this pertinent to the housing proposal in Mattituck? MS. JEFFCOAT-FUNKE: A little bit but not because of them. I thought that you were open to the public. SUPERVISOR RUSSELL: We open to the public after the hearing gets closed. But what we try to do is restrict the discussion, right now, while we are in a public hearing to issues very pertinent to that public hearing. So, I am sorry to do that to you. Can I ask you to come back up in just a couple of minutes to let us… MS. JEFFCOAT-FUNKE: You know what? The water issue is going to affect them. The poisoning that is out here on the North Fork is going to affect them and I don’t think we are telling our new residents about what they are walking into and what their children are already, Page 30 March 28, 2006 Town of Southold Board Meeting with the tooth fairy project, what has already been proven is out here. Is dangerous. So, yeah, I would be happy to come back. Thank you for letting me know. SUPERVISOR RUSSELL: I am sorry, thank you. COUNCILMAN WICKHAM: I have more technical stuff that really should be read into the record. SUPERVISOR RUSSELL: Okay, Tom wants to read some more things into the record and then we will go back to… COUNCILMAN WICKHAM: I am not sure I want to but I think I should. I have here a notice that the public hearing was officially posted at the site. I have here a memorandum from the Town Planning Board, dated September, 2005. A local law in relation to uses within the…perhaps I have got two together here. I guess that is all. That is all for now. SUPERVISOR RUSSELL: Okay. Would anybody like to address the Town Board? VAUGHN COOHAN: Good evening, my name is Vaughn Coohan, I am senior vice-president with Community Development Corporation of Long Island, located at 2100 Middle Country Road in Centereach. I want to thank you for holding this hearing tonight to make a determination on granting the necessary sanitary flow credits required to allow the development of the Cottages at Mattituck. As you are aware, CDC of Long Island is a not-for-profit organization that has been developing affordable housing throughout Long Island for 37 years. All of the housing we have developed, which amount to more than 1,300 units has been developed in close cooperation with local government and in partnership with local organizations, residents and community based groups. We believe that we have brought the same sense of collaboration and cooperation to the development under consideration. We have modified the proposal in response to public comments and those of this Board. As mentioned in the Housing Advisory Commission letter, we are now proposing 24 modest two bedroom houses, the plan no longer includes any provision for accessory apartments. Families with incomes below 80% of the area median are eligible to purchase half the houses and we have been able to reduce the price on these homes to $165,000. The other half of the houses may be purchased by families with incomes up to 100% of area median, which will sell for $213,000. The site plan has been configured to facilitate the development of 24 homes on this parcel in accordance with affordable housing district requirement and the comments of local residents. CDC is committed to building very attractive and energy efficient houses. We have also committed to providing home buyer education to everyone who has registered with the Town’s Housing Registry. This will include financial education and assisting each family to obtain the best mortgage product to suit their needs. We will be working very closely on this with Philip Beltz, the Town’s Special Projects Coordinator, who has been an invaluable resource in helping to design the Cottages at Mattituck, to be responsive to the Town’s affordable housing district ordinance and the housing needs which are identified on the housing registry. I would now like to introduce Jim Millican, who is our engineer on this development from Nelson and Pope and then turn it over to Gail Wickham, who is our counsel. Page 31 March 28, 2006 Town of Southold Board Meeting JIM MILLICAN: Good evening, Mr. Supervisor and members of the Board. My name is Jim Millican and I am an engineer with the firm of Nelson and Pope, having offices at 572 Walt Whitman Road in Melville, New York. I have been asked to come up and give an overview as to the application procedure with the Suffolk County Health Department in regard to sanitary credits. The Suffolk County Health Department requires a yield map and in this area of 20,000 square foot lots be prepared. That yield map will determine the maximum density allowed per particular parcel. That map was prepared. That is what is on the easel before you, submitted to the Health Department on December 13, 2005 and that map shows 12 lots which are the as of right lots that they could build without going for sanitary credits or anything else. The Health Department also has an allowance whereby an applicant can seek to increase his density up to a maximum double density or in this case, 24 lots. In order to do that, they must get transfer of development rights for the 12 additional credits, which the letter from Walter Hilbert indicated was the case. One of the requirements from the Health Department, if an applicant seeks to go for the maximum double density is he must provide public water to any lot within 150 feet that is already not hooked up to that. The board that you are looking at on the easel now shows the 24 proposed lots and there are six lots with red dots that were identified at a meeting with Walter Hilbert in November, he is the head of Suffolk County Health Department Wastewater Management, and based on his records, those six lots are still on well-water. CDC would have to make available to those lots connection to the 12 inch water main here on Factory or Sound Avenue, whichever applies to them, at no cost to those residents. Okay? Once the 12 credits, additional credits are granted by this Board, then the application goes before a board of review application with the Suffolk County Department of Health Services. That board of review is a member of engineers from the Health Department that sit down and review the application in full with all of the surrounding features to make sure that we meet all of their requirements and then they make a determination at that time whether or not it is still acceptable and approvable. If you have any questions, I would be more than happy to answer. Otherwise, Ms. Wickham is going to come up and speak to you. GAIL WICKHAM: Good evening, my name is Abigail Wickham and I represent CDC of Long Island in connection with this application. I want to first of all thank the Supervisor, the Town Board and the Special Projects Coordinator and the Town Attorney for their consideration under our excruciating time frame on this project. We are here to talk about the transfer of sanitary flow credits. That is a euphemism. But as Mr. Millican explained, the Health Department allows 12 of those credits and that is for the septic system as of right on the property, 20,000 square foot each is allotted as of right. The Southold Town affordable housing code allows you to double that number, in which case that would be 12 additional for 24. however, the question of whether the Town Board should do that, whether they should double the density in terms of sanitary credits is one purely of use and location for your decision making process. The Town has already deemed the use of sanitary transfer credits to be solely for affordable housing. So you have made that determination that transfer of credits is for affordable housing. So now we are looking purely at the location as the question which the Town must address in making this decision. The Health Department, not the Town, will have to determine whether the additional sanitary density that would be transferred is appropriate and meets its public safety criteria. You are going to hear a lot tonight about overflow of sewage and environmental concerns. I can Page 32 March 28, 2006 Town of Southold Board Meeting assure that is a decision that the Health Department will take very seriously and is charged with. Your decision is, assuming that the Health Department believes that this is appropriate from a health consideration, should it go in this location. The Health Department is staffed, as you know, primarily with engineers. They are very different than planners, they are very different than legislators like yourself or politicians. They are scientists who have a very specific set of rules and regulations based on scientific evidence and condition. And they must look at specific criteria like depth to groundwater, soil composition, distance of neighboring wells, ground water flow, design of the system and many scientific criteria that are more regulated than many of the nebulous issues that you have to deal with in your position. They will not approve a project, any project, unless it meets their quantifiable standards. They are charged with insuring that public safety is prevalent in the design of the sanitary system and the supply of the water. They are not looking at whether you need affordable housing and they don’t care except in limited circumstances about cost analysis. They care about public safety and balancing that. If you approve 50 sanitary flow credits here because you thought that was the need, it wouldn’t matter, they wouldn’t approve this project, that would be the end of it. So you must determine in this hearing, whether this is where you want the affordable housing to be located. If you determine that it is an appropriate location and that the project otherwise meets your criteria, then you needn’t be adjudicating what the health considerations, that is the Health Department’s job. That is something that must happen before the map is filed in any event, with the county and the project can proceed. In terms of specifics of this project, your town bank right now contains among other credits, 21.4 credits from a Mattituck land preservation, the McFeeley parcel which is probably less than a mile away, it is just to the southwest. So it is a transfer within the fairly immediate area. What you are going to hear a lot about and you do have to make a decision on is one of density. As Mr. Millican indicated, the density considerations in terms of the additional number of homes is going to be mitigated by several different factors. First of all, the applicant must offer to connect the wells that were indicated there to any homes within 150 feet that are serviced now by private well. The proposal as you have heard many times before, is that the project will contain 24 1,100 square foot homes, two bedrooms and one bath. Those numbers alone physically limit the number of occupants and the amount of discharge into the sanitary system. The other factor that I think is important in looking at density in this location is that hundreds of acres immediately to the west of the Sullivan property, only two properties away, as well as other hundreds of other acres in the Mattituck Cutchogue district, have already been preserved. And the hamlet stakeholders have identified this as part of the halo area where density should occur and have in fact specifically designated or recognized this as an affordable housing site. The area is serviced by easy access to Route 48 and to the Main Road by a traffic light whose intersection is being improved right now as a result of the CVS project to widen that intersection and improve the traffic flow. The area is directly near main business areas. The lot sizes it is very important to note because you are going to hear a lot about that tonight, the lot sizes that are proposed are by no means out of keeping with the size of the lots in the area. You can see the immediate vicinity, maybe not too well from over there, from that map. But many of the lots in the immediate area are 10,000 square feet or less, contain 50 or up to 65 foot widths and are less than 100 feet deep. I would like to, because that is a little bit difficult to see that map there, I would like to give you a map and I have made three, so you that you can pass that around and this is a compilation of the tax maps for the surrounding area. The property that is the subject of the application is indicated in pink, that is the 7.4 acres. The red area are the business Page 33 March 28, 2006 Town of Southold Board Meeting zone, the blue area is owned by Suffolk County Water and that is not developable at this point, they are using that as an important aspect of their water control. The green areas are rather large areas that the county has preserved through his open space acquisition and the yellow areas, I want to call your specific attention to, those are areas where the house, or excuse me, the lot sizes are very much similar to the size of the lots that are going to be in this neighborhood. And many of those small lots are in the immediate vicinity of this project. Some are down south of the highway. I would also like to incorporate into this record the record on the rezoning hearing where I listed a number of other subdivisions in the Town that have been here for a very long time, they are very nice areas, that are 10,000 square foot lots. One thing I want to point out, although it is not directly related, well, it is related to sanitary flow. These homes are going to be under strict limitations in terms of the increase in size in order to maintain their affordability, so unlike those other areas where you do have small lots, these houses will not be seeing a large increase in the size, in the number of bathrooms, in the number of bedrooms, in the number of occupancy of property. The yield map, in other words the average size of lots in this development does meet the minimum 10,000 square foot area that your affordable housing code dictates. We did go to the Planning Board last night to request variances for several lot widths on the yield map but the subdivision law only governs or requires that the yield map meet lot size criteria, which it does. Therefore, the variance procedure, in my opinion, was precautionary. Or if we are going to be using euphemisms, prophylactic. And I don’t know how to spell that. The property is adjacent to the railroad tracks, it is within the halo zone as I mentioned and I do think that the location, as you have previously indicated in your deliberations, is appropriate. It is not impinging on scenic vistas or fragile wetland environments. Your environmental consultant, Patrick Cleary, prepared a report for SEQRA that found, that recommended a finding of no significant impact. If I could just very briefly address the specific number of 12 sanitary credits that are requested, that is the magic number for this applicant. As you know, they have been coming to see you for a long time; the number is based on a per unit cost. All of the infrastructures costs, with the exception only of the construction of the unit itself, are based on a per unit cost. Very early on, they told you that the addition of the apartments was a matter that was put in, in order to reflect a need of the (inaudible) but it was not an economic need to the project. They had to make applications for funding a while ago, they looked at your concerns about density and they eliminated 12 accessory units here. But now that they are down to the 24 number, that has always been the number and that has not varied. They worked very hard to line up funds to reduce the price, particularly for those units were they will not have accessory apartments to supplement the income. They project is really bare bones. It is a non profit corporation. They have experience in this, so they are able to not reinvent the wheel and have some cost savings there. They have negotiated fee arrangements with the builder, the architect, the engineer and with me as the attorney, for reduced rates in order to try to make the numbers work and they are expert, unbelievably good at securing funding to try and make the numbers work. The funding as you were told in several previous meetings with the Board, required applications to be made in March and those numbers have already submitted on the basis of the units requested. I am not going to, I have some other comments to the letters that were read into the record earlier but unless you want me to address them now, I think perhaps I should wait until the end of the meeting and try and address them in a more concise fashion. If you have any questions we would be glad to answer them. Thank you. Page 34 March 28, 2006 Town of Southold Board Meeting SUPERVISOR RUSSELL: Would anybody like to come up to the Town Board and address this issue? MARIAN ZUCKER: Hello, I am Marian Zucker, I am the director of Affordable Housing for Suffolk County and I am here today to speak in favor of the Town Board action to transfer sanitary flow credits to the Cottages at Mattituck site. The county continues to encourage the Town to favorably consider this site for work force housing. Since attending your last public hearing at the end of January, the county itself has moved forward with the resolution to include this site in our workforce housing acquisition program. That resolution was passed by the Suffolk County legislature and signed by the County exec in early February. With respect to this particular action, the transfer of 12 sanitary flow credits to allow for the development of 24 units on this site, Councilman Wickham read into the record that I received from the Suffolk County Health Department saying that the transfer would not violate their standards. And I think Ms. Wickham correctly talked about their standards, as did their engineer, but I do want to just reiterate it again to make sure that everybody is on board on that, and that is that the Health Department allows, where there is public water, for a doubling of the density of what otherwise would be allowed in a particular groundwater management zone. So in this groundwater management zone where you are allowed as of right for the Health Department half-acre developments, it allows, if there is public water, a doubling of that density through the transfer of sanitary flow credits. Of course that transfer of sanitary flow credits assumes that there is a sterilization of the non-farming parcel in the immediate area. And that is, as I see, allowable through your transfer of development right program that the Town has already put into place. The other thing I want to reiterate, which also Ms. Wickham touched on was that the Health Department is all about the science. And all of their standards with respect to sizing, location, and distance between septic systems, all of those standards will be reviewed and must be mapped before this development will be ultimately approved by the Health Department. The need for homes in both Suffolk County in general and Southold Town in particular for teachers, nurses and entry level workers in most professions is well documented. The need is acknowledged. The difficult decision always comes down to where those homes get sited. Today you have the opportunity to vote yes on your town’s future. To vote yes for the voices I heard at your January st 31 public hearing asking for a place to live so they might continue to contribute to your town. I encourage you to take the action today to allow that future to happen here. Thank you. SUPERVISOR RUSSELL: Would anybody like to address the Board? Why don’t you go ahead real quick and then we will get to Mr. Steadman? JOAN EGAN: Joan Egan, East Marion. Just two things, your system isn’t working and it hasn’t been working for at least two meetings and I don’t understand why we are not advertising in more than one newspaper, you have Dan’s paper, you have the Traveler and you have the Suffolk Life. It is not right that there is only one ad for all of these. Let’s do something about it. You pay money for everything else. SUPERVISOR RUSSELL: Greg, would you like to address the Board? Mr. Steadman? GREGORY STEADMAN: My name is Gregory Steadman, my family has lived here for three Page 35 March 28, 2006 Town of Southold Board Meeting generations. (Inaudible) We lived on Old Sound Avenue. I would like to give you a little tiny history (inaudible) Mattituck at one time was considered a gate to the east end leading out to the north fork of Long Island. It was a gateway to a place that was set apart in time, a country life (inaudible) woodlands (inaudible) and just a walk away from the shores of Long Island Sound and Peconic Bay. The locals patronized Mattituck businesses, everyone knew each others name and although it might sound like a cliché, we could in fact leave our doors unlocked. Everyone had a pot on the stove to serve neighbors who might stop in for a visit. The farmers would sometime drop off a basket of string beans, peas or other vegetable and it truly was a village that helped to bring up the children who were born and raised here. As the years passed, residents of the hamlet were quick to allow innovative ideas concerning the maintenance of quality of life (inaudible) and we asked nothing of the Town more but to preserve that quality of life. We are now being asked (inaudible) housing that has been tailored to avoid the pitfalls of previously proposed affordable housing projects with little forethought upon the impact on the hamlet in which it would be located, as well as its affect on the surrounding community. The plan for affordable housing and the density level that is currently before the Board I feel to be unhealthy both ecologically and ergonomically. Don’t say that the Mattituck hamlet residents don’t want affordable housing, we do. But not at the density that the current plan seems to be pushing down our throats. I understand the facts of the matter to be as follows: I feel that the meeting tonight is good but I do feel that the outcome is preordained, that you are going to take a vote and you are going to give the transfer of credits that they desire. However, anyone knowledgeable about fragile environments on the east end knows that 25 cesspools at this development, leaching into the surrounding aquifer threatens the quality of (inaudible) the surrounding community now enjoys that is drawn from their wells. Not just the houses that border it, but the surrounding community. We all probably still have in our basements the filters we had to use during the Temik pollution by Union Carbide of our drinking water. I believe the area has been designated a ground water protection area by Suffolk County. The fragile eco-system that currently exists could be easily upset by the introduction of 24 cesspools leaching into our drinking water. In my line, the request for sanitary flow credits is, it seeks to circumvent the counties sanitary code as it exists. I have never liked the concept from the very beginning. It allows you to do things to property that wouldn’t meet the sanitary code and it is not safe to the public. Why request another (inaudible). I think that if it could be done legally, it is wrong and that it may be done in this instance, to my mind, reprehensible. The fact that the projects residents and those bordering the property may receive public water simply means that they will not have to drink water from what might become a polluted aquifer. To say that these 24 cesspools will have a negative impact on a local environment is suspect. In addition, the town engineer has yet to assess the impact of stormwater runoff on this project but I have been told that this can be solved later, after the vote. The project claims that each home would have at least a quarter acre on which it would be situated, allegedly would be situated, as Ms. Sullivan pointed out that is not the fact, they are going to have less than a quarter acre. So that is nonsense, it is bogus math. Also, you have got a road that has got to be built, fifty feet across with easements, I believe on which you have to allow parking for two vehicles. The traffic study conducted along Old Sound Avenue that suggests that no problems will exist if both entrance and egress points to the project is made at one spot on Old Sound Avenue. That it was done in the winter does not seem to concern the Planning Board. Saying there is no problem, it will exist is just not true. The potential of 48 or more vehicles coming out or going in to a 24 home housing project up to a road that is itself Page 36 March 28, 2006 Town of Southold Board Meeting congested in the morning and more so in the summertime, is dangerous. And exit or entrance on Factory Avenue where the road is continually blocked by parked and unloading freight trucks, is also dangerous. The street has no walk ways for children and it will simply be an injury or death waiting to happen. In addition, the streets inside the project will be dangerous to the residents due to the obstacles that the hamlet fire department will face should a large fire occur. God forbid if more than one fire department has to respond. To date, Mattituck fire department has had no input in this projects planning but I am told that all of this could be resolved later, after the vote. Then we have peripheral issues. The low income families the town seeks to house cannot be paid a livable wage by the business owners inside the hamlet unless they are in fact, teachers or people who work for the town. It just simply isn’t possible. We can’t afford to pay them a livable wage, unless you are an established business of long time standing also. That is an issue that should be considered. The projects plan states that the builder, who so far is a faceless entity, has offered to build a house for an incredibly low price per square foot. Does this mean the houses will be structurally inferior to those built at a greater expense? I don’t really understand what that means. The house will be affordable in perpetuity. Does this mean in that in the future the homes will become available for rent by absentee landlords who may or may not abandon them because of the lack of profits inherent in price controlled housing? (Inaudible) The housing project as its proposed density will not benefit the community but instead place burdens on an already overtaxed community. The fire department budget will increase, the school budget will increase, along with other budget increases across the (inaudible). Lastly, if it was our intent to keep our youth from being our most valuable export, ask yourselves, if you were being brought up in a housing development with the proposed density, that borders the railroad tracks, that is yards away from Route 25 (inaudible) commercial strip of road, would you as a teenager set your sights on staying here? But I am told that these issues can be resolved later, after the vote. In short, I find that the only individuals who will gain profits in the passage of this proposed resolutions today are White Oak builders, who will receive close to $120,000 an acre from the county for the purchase of the land, paid eventually through our county taxes. In summary, the Board can act wisely when these issues come up regarding this overly dense housing project, whose passage seems to be inevitable. That you vote no to the requested transfer of sanitary flow credits right now until the issue can be investigated further. That you vote no to placing the project in the Planning Board’s hands at this moment for a subdivision assessment. And that you vote yes to delaying the environmental impact statement until further investigation is conducted. A failure to vote at all is politicking in its worst form. Voting as the community wishes is a true representation at its finest. Should these concerns not be addressed because of the aggressive way the project has been shoved down the throats of the hamlet, I warn the hamlets further east of us to remember John Dunne’s poem, where he wrote ‘ask not for whom the bell tolls, it tolls for thee’ You’re next. SUPERVISOR RUSSELL: Would anybody like to address the Town Board? TOM CROWLEY: My name is Tom Crowley, I work for the Town of Southold. In the nutrition department. I moved back here, I am from Long Island, I moved back here from South Carolina where there is tons of affordable housing all over the place. But I love Long Island, I love New York, I missed my friends; I am here. But when I came back, the real estate here has quadrupled since I left. I can’t afford to really live here and I deliver Meals on Wheels for the Page 37 March 28, 2006 Town of Southold Board Meeting Town, drive a van and service the senior citizens and of course, I am a senior citizen myself and if I wasn’t subsidized by social security, I couldn’t live here or work for the Town in a (inaudible) way and there are plenty of guys like me, too. And we could use that affordable housing. I think it is a great thing you are doing. JULIE AMPER: Julie Amper from Mattituck. The TDR’s that Ms. Wickham mentioned? That is from the Laurel Lake property. SUPERVISOR RUSSELL: It was banked from the acquisition from the McFeeley piece, which is right to the east and the west of where the trestle is. MS. AMPER: Okay. And all 21.4 of those credits are for land on which 2 acre residential housing could have been built? SUPERVISOR RUSSELL: It was R-80, I believe, yes. TOWN ATTORNEY FINNEGAN: I don’t understand the question. COUNCILMAN WICKHAM: The McFeeley piece. Was that zoned R-80, is that your question? MS. AMPER: Yes. COUNCILMAN WICKHAM: Yes, it was. MS. AMPER: It was. So now all the credits in this, that are being transferred, are from preserved land that otherwise could have been developed residentially? COUNCILMAN WICKHAM: Yes. MS. AMPER: Okay. My next question is, it is my understanding from the Long Island index that any new residential unit only contributes about 2/3 of the cost to the town, that the town taxpayers pay an additional 30 something percent, for services, schools. How will these affordable houses be assessed? At the fair market value for a similar square foot sized house or at the lowered subsidized purchase price? SUPERVISOR RUSSELL: Well, I guess I will take a shot at that. I know a little about it. Actually, that is a bone of contention in the assessment field. I think there is legal language that allows the assessor to assess it at market value, not at its discounted price. The problem is this is a unique situation with the perpetuity being a factor. The assessors probably will want to weigh its market value potential with its capped out value and come up with a blended approach to the valuation. You have to remember that if someone buys a house for $217,000 and it appreciates at about 3 percent a year, they really only own that $217,000 plus its equity. The likely scenario is, it would be a, say, just speculating, a $400,000 ranch in the current market or an open market approach. It is not realistic that the assessors would be able to assess it at that. They would Page 38 March 28, 2006 Town of Southold Board Meeting probably be looking at a very heavily weighed assessment in favor of its $217,000 purchase price and then maybe with annual adjustments, as is the cost of living adjustment change. MS. AMPER: So these houses will continue to cost the rest of the taxpayers in Southold more than the standard 30 something percent. We will have to subsidize them more. Because they will not be fairly assessed. They will still use all the roads, all the schools, the fire department, everything but they will be getting a subsidy from the rest of the Town, correct? SUPERVISOR RUSSELL: Well, it depends on how you look at it. Look, the fact is you only have to pay taxes on what the value that you can achieve on the open market and the town comes along and caps out that, what you can achieve on the open market, it is probably fair that the assessed value, from an evaluation point, I am not talking about the larger issues of municipal demands but if the town is coming along and regulating that resale, not letting you achieve that open market, then it is probably appropriate that that assessment reflect those caps. But again, they will probably look to blend the approach, consider that along with its fair market value to come up with something fair and along those lines. MS. AMPER: Thank you. JOHN COPERTINO: My name is John Copertino, I am a resident of East Marion, a senior citizen. My wife and I live on a fixed income, social security and a small private pension. I have some questions concerning this proposed development. One, you state they are going to be two bedroom, one bath units? SUPERVISOR RUSSELL: Two bedroom, one and a half bath? Or one bath? Okay. MR. COPERTINO: How will you limit the size of the family? In growing in this… SUPERVISOR RUSSELL: You don’t. MR. COPERTINO: ….you are going to say you can only have three children or two children? SUPERVISOR RUSSELL: No. MR. COPERTINO: So it is possible that it can become overpopulated in a very short time? Right? SUPERVISOR RUSSELL: Absolutely. It is going to grow like any community. MR. COPERTINO: Well, but you can’t expand on to this property, once it is built, right? SUPERVISOR RUSSELL: There is going to be a provision for capital improvements. I am not the Housing Authority has completely addressed the issue of how much capital improvement you would allow into the units. I think that is an issue that is before them now. Can anyone from the Housing Authority, namely Phil Beltz, help me out with this because I am not sure what answer Page 39 March 28, 2006 Town of Southold Board Meeting to give him. MR. BELTZ: Well, it is currently under discussion. It was actually an hour and a half discussion at the last meeting and it was tabled to the April meeting. I will say that the commission is very knowledgeable to the fact that they want to maintain the inventory as being affordable. So by adding other habitable rooms, it will impede that so, I don’t want to speak for them, I know that some of them are here but I do know that that is something that we are trying to do, just look at issues that would be safety as opposed to adding habitable rooms. SUPERVISOR RUSSELL: Thanks, Phil. MR. COPERTINO: The point I am trying to make is that this could possibly be turned into a slum eventually, down the road sometime. As this gentleman pointed out, it is near the railroad tracks… UNIDENTIFIED: I didn’t suggest it was going to turn into a slum… MR. COPERTINO: No, no, I know. I am, by expansion of families within the units. Okay? COUNCILMAN KRUPSKI: Let him finish, everyone is going to get a chance. MR. COPERTINO: What will the cost of these units mean to the Town? SUPERVISOR RUSSELL: The cost to the Town? Nothing. MR. COPERTINO: Other than tax that we might have to pay. SUPERVISOR RUSSELL: The tax impactor. MR. COPERTINO: Is this the beginning of many more affordable houses? SUPERVISOR RUSSELL: That is a good question. I… MR. COPERTINO: How are you going to stop them? You know, people coming up here and demanding more affordable houses because you gave so and so 24 or 21. How are you going to stop that? SUPERVISOR RUSSELL: You don’t…. COUNCILMAN WICKHAM: All of these public hearings will stop us. MR. COPERTINO: You know, it is something to consider. There are questions that have to be asked. This CDC, are they compensated monetarily for this at all? SUPERVISOR RUSSELL: You would have to ask them. Anybody want to address that? CDC? Page 40 March 28, 2006 Town of Southold Board Meeting UNIDENTIFIED: Do you have salaries? UNIDENTIFIED: Yes, we have salaries. MR. COPERTINO: Salaries but is it an organization that profits by… SUPERVISOR RUSSELL: I think it is a 501-C3, if I am not mistaken. Not for profit. MR. COPERTINO: I guess you are aware of that any kind of affordable or what I term a give a way, is when you take incentive away from somebody to achieve living in an area that they desire to by hard work, planning, etc. Well, you are taking the incentive away. I don’t feel it is the right thing to do. I have three children that would love to live in this town and what I tell them is, if you can’t afford to live here and you definitely can’t afford to work here because the salaries aren’t here, find a place where you could visit us on the weekends or once a month and that is where you should live. I would love to have them here. But I don’t feel that lowering the prices of homes or building projects is the thing to do for any family, any youthful, any young family anyway. This lady from the Housing Development Corporation, I consider that a smoke screen. They are always saying that it will bring nurses into the community, the hospital is short of nurses. Every hospital is short of nurses, throughout this country. That is a fact. And I object to her using that term, ‘it will draw nurses’ The only thing that is going to draw nurses if nurses, if people, if the kids out of school want to be nurses. Increase their salaries or whatever it is but don’t use that lever to get your point across because the nurses will not come, alright? Let’s see, oh, I came from New York City, I guess you could tell by the accent, I never lost it. I have been living out here some time now. When I started having a young family, I worked at JFK airport and I started looking for homes to raise them. And I couldn’t afford the homes near the airport and I couldn’t afford the homes in New Hyde Park and I couldn’t afford the homes in Garden City, etc and I just kept going out and out and I ended up about 35 or 40 miles away from the airport. I accepted that. I didn’t ask anybody to build me an affordable house near my work or near my mother and father. I don’t think that the town should vote on affordable housing. I don’t think it is going to stop here, I think it takes away incentive from people. I think it is unfair to other people that can’t afford houses here, just to build 21 units. But where are you going to stop. I ask you that, where are you going to stop? Who are you accommodating? How are you going to fill these, you know, what kind of requirements are you going to have to put people into these units? Okay. The affordable housing price is going to be $217,000. I think if there is a realtor in here, you could correct me but I think one third of your salary should be going to the, or of your gross salary should be going to the housing. Is that right? Any realtors? Which would put it at about $65,000-68,000 salary. SUPERVISOR RUSSELL: As a clarification, in this particular proposal there is actually a proposal for 24 houses. Twelve of which would be sold for $165,000 and 12 that would be sold for $217,000. $213,000. I am sorry. MR. COPERTINO: $213,000, okay. But that is the figure I was thinking of. It still is going to be hard for them to handle it. The median home, salary I think in Suffolk is about $58,000. Am Page 41 March 28, 2006 Town of Southold Board Meeting I right or wrong on that? SUPERVISOR RUSSELL: I think it exceeds that a little bit. MR. COPERTINO: Pardon me? SUPERVISOR RUSSELL: I think it exceeds that by a little bit. MR. COPERTINO: A little bit but not by much. It is going to be pretty close. Where do they work to get this salary? There is no major industries here. Do they commute? And if they do commute, there’s cheaper homes up island than there is out here. I really don’t, this whole thing is, it seems as though you are trying to satisfy maybe a group of maybe parents that don’t want to see their children’s leave the nest and want to keep them here but they are not thinking that the children can’t afford to live here. SUPERVISOR RUSSELL: I will be frank. There’s plenty of parents that want to get their kids out of the nest and then that is why they want to build them on Factory Avenue. It has been eight years since you have been out of college, get out of here. MR. COPERTINO: That is about all I have on affordable housing. You know, I have seen areas really go down the tubes with affordable housing. You know, if I just bring in Far Rockaway, I wrote to the Suffolk Times a couple of weeks ago. Far Rockaway was a resort area like this is with beautiful pristine beaches and they put affordable houses in there and you wouldn’t dare go into Far Rockaway right now. It is the highest or second highest crime rate in Queens. SUPERVISOR RUSSELL: I think it is, look, I share a lot of your similar concerns. I mostly share their concerns on density. But when it comes to the issue on affordable housing, we have about 197 local families already on list. We have a good idea where their need is, we have a good idea where their income is. So those are the things that we are ferreting out as we go along with this. It is not just that we are going to build 24 houses and then hope that families that need it, get it; we have a pretty stringent application process in place. Some of the people on the list are actually sitting behind you. MR. COPERTINO: Where is it going to stop? SUPERVISOR RUSSELL: Well, that is a good question for everybody then. MR. COPERTINO: It seems like you are just scratching the surface, you know. SUPERVISOR RUSSELL: Unfortunately, I think you are right. MR. COPERTINO: I mean, I can’t afford to live out here if these taxes keep going up. At 10 percent, the school taxes in East Marion are going up 10 percent this year I think. In seven years, my school taxes are going to double. You know. I am going to be in need of affordable housing. Fortunately I bought at a time where I could really cash in and move to wherever, you know. Page 42 March 28, 2006 Town of Southold Board Meeting But that is gone, you know. Thank you. SUPERVISOR RUSSELL: Sure. I saw a couple of hands back there. KIMBERLY YODER: My name is Kimberly Yoder. I am one of those future slum tenants, I hope. I am a probation officer for Suffolk County, that is where I am working, if you are questioning, I am a probation officer. That is where I get my salary. I am a veteran. I have 13 years of which 10 were on active duty. So I signed up with the National Guard out here in Westhampton because I felt like I would like to continue my service but also, I needed to supplement my income because you know, it is a matter of public record Suffolk County, grade 21 step 3, I make $48,000 a year. $48,000 a year and I am three classes away from getting my masters degree. $48,000 a year. So I need to supplement my income with some reserve pay, which is about $4,000 a year. So that is going to bring it up to a whopping $52,000. Right now, I have been living with my mom for years, you know, and when I got off of active duty the first time, everybody thinks you are going to get a great deal. I went to financial aid and they told me ‘you make too much in the military, you are going to have to be eating mustard sandwiches in order to get any pre aid.’ Meanwhile, folks who never worked their whole lives, they get the Pell grant. So I sucked it up and I took out my loans and I got my education and now I have nice student loans to pay off, too. But other than that, I don’t have anything. I have been preparing myself to get a house. So when you built your house wherever, 35 miles away from the airport, I would ask you, how much times was it your annual salary? (Inaudible) SUPERVISOR RUSSELL: You know what I would like? I am sorry to interrupt but I would like to have all of the comments addressed, it is a public hearing for this Town Board not for the rest of the room. MS. YODER: Well, my point is this, it used to be that three, four times your annual salary, that is where the banks got their income level. Three to four times my annual salary, I can’t afford any house out here. I can’t afford any house, I mean, I looked in Mastic next to crack houses. I can’t afford to live there. And I work hard. Do you know what I am saying? So that combination is gone now. A lot of probation officers started with me, they are gone, they had to move out of the area because they can’t afford to live here. Now they moved down south. These are the folks who are going to be providing your volunteer fire department, your volunteer ambulances. These are your volunteers. So, you know, yeah, it is really hard for us to live around here but I guarantee you, the folks who can afford to live around here, the bankers from New York City who come out on the weekends, they are not going to be volunteering at the fire house. They are not going to be coming out Wednesday night to administer CPR to someone. They are not going to be driving the ambulance over to Central Suffolk Hospital or whatever because somebody’s wife is having a baby. That is not the class. It is the future slum tenants like myself. We are the ones who are going to be doing this for the community. And I think that there has to be some give and take or else the community is going to die. So, that is about all I have to say. I appreciate your time. CAROL (INAUDIBLE): I have never done this before but I am also going to be one of the slum people and I am a nurse. Page 43 March 28, 2006 Town of Southold Board Meeting UNIDENTIFIED: Inaudible. MS. (INAUDIBLE): Well, I didn’t call myself a slum tenant. I right now pay rent and my landlord has been very good to because I have stayed there 11 years with him. But when he raises it again next month for me, I won’t be able to afford it anymore. UNIDENTIFIED: Where do you live? MS. (INAUDIBLE): In Southold. Right down the street. And I am (inaudible) away from my job at San Simeon Nursing Home (inaudible) mostly elderly people around here, which I am part of and I take pride in my work, I certainly take pride in my ownership of a house. (Inaudible) And I am now paying $400 a month for a small house when I first came out here in the early ‘80’s (inaudible) So, that is all I am saying. I have got my application in. Thank you. STEPHANIE RUGGLES: Hello. I am Stephanie Ruggles. I first want to thank the Town and the CDC for all their hardwork giving a hope that young families will be able to live in this town. And maybe this project won’t bring nurses but obviously you will be losing one and I work in the activities department at San Simeon, you will be losing me also. I have grown up here my whole life and it is sad to think that my fellow neighbors will stand up here and complain about why they don’t want this affordable housing. Sure this project isn’t going to please everyone. This man isn’t happy because it is next to his yard. This woman isn’t happy because there is going to be traffic noise. Please don’t look at these as negatives but as positives. Be proud to look out your window and see this development. Hear the traffic and think, wow, I supported the community and our children have an affordable place to live, work and play. Please be thankful that we have houses of our own. Believe me, I will welcome that train anytime of the day, anytime it comes flying through the backyard, I will thank god I have a place to live. I have grown up here and worked in the town all my life, I am proud to live here but I can’t live here and start a family on my own if this project doesn’t go through. And obviously I am not the only one. There is a whole generation in this town who cannot afford to live here. We love this town and don’t want to leave. Please find it in your hearts, stop hindering the project for this town. We need this development, it is our only chance to stay. Support your children, support your grandchildren. Let the CDC build this development and give us a home. Thank you. SUPERVISOR RUSSELL: Would anybody like to address the Town Board? Cathy? CATHERINE STEADMAN: Catherine Steadman and I live on Old Sound. My concern is for the density in this area and for the current and prospective homeowners. We are not against this, we have never been against it. We knew something was going to go in there (inaudible) The only reason we were against it was because it wasn’t affordable in perpetuity and only half of the houses were affordable. So that is why it happened. We were hoping that, you know, on two acres (inaudible) that is not going to happen. Because no builder wanted to build a house there because no buyer would buy a house because of where it is. That is not prime property. The lot sizes are not in keeping with the area. If you look at that Factory Avenue side, it has only six houses on it. If you double that, that is 12. They have (inaudible) 16 houses. The other eight Page 44 March 28, 2006 Town of Southold Board Meeting houses are shoved down by the tracks, they have a nice view of a boat yard, they have a nice view of a shopping center. (Inaudible) School taxes this year (inaudible) nine percent. So you have seven kids right now supposedly, but let’s say everybody was having a good year and you have 24 kids, that is a new teacher. (Inaudible) your taxes are increasing. Let’s say it was a hot summer or a cold winter, now you have 48 kids; that’s two new teachers. Your taxes are increasing. The density is just too much and I ask you to keep that in consideration. We were good about the traffic light. We knew traffic was going to increase, that the traffic light was a necessity for the safety of area residents. We deal with the traffic, we deal with the traffic light. A lot of people use it. You know, you could take a survey at the end of Factory Avenue and Sound Avenue and say ‘why did you come this way?’ They will tell you it was because of the traffic light. They didn’t go downtown to Love Lane and then go up 25. They didn’t go up to Aldrich Lane and then go around to 25, they took Factory Avenue because it was short, because it was simple. We deal with and I know, I don’t want to make this sound like a bad thing but Strawberry Fields was put in, it was primarily for the Lions Club and the Strawberry Festival, from March to November we have noise there, pretty much, I won’t say everyday of the week because it is not used during the week as much as it is on the weekend but on the weekend, you cannot go outside your house where it used to be always quiet, it is now noisy. So we deal with the traffic light and we are dealing with the noise from Strawberry Fields and now you want us to deal with 24 houses, 48 cars and increased school taxes. I ask that you don’t accept it as it is and consider people that live in the area. Thank you. SUPERVISOR RUSSELL: Thanks, Cathy. SEAN MURPHY: My name is Sean Murphy. Me and my family own a small business in Mattituck, I also live in Mattituck. My wife works at the Cutchogue East school district and we would be one of the people who are in line for these homes. And I hope it actually doesn’t bring in nurses and teachers and things like that, I hope it actually impacts nurses and teachers and everybody else who is here now. I just hope that you look on this and approve it, I think it is a worthwhile endeavor and hopefully it will (inaudible) people who already live in this town, would really need it. Thank you. SUPERVISOR RUSSELL: Thanks. Would anybody like to address the Board. ANN MURRAY: I just wanted to bring up a couple of things. I am Ann Murray from East Marion. Are there going to be any covenants preventing certain things like building up on these one story homes? SUPERVISOR RUSSELL: Yeah, covenants on capital improvements or regulations on capital improvements are the things that are being worked out now. MS. MURRAY: But they are not complete tonight? SUPERVISOR RUSSELL: No. MS. MURRAY: Well, shouldn’t we be completing that and some other steps before we vote? Page 45 March 28, 2006 Town of Southold Board Meeting SUPERVISOR RUSSELL: Yes, we should and that would be something that…. MS. MURRAY: And I am not against affordable housing, in fact, I am very much for it. However, I can see both sides of the issue, that the people in Mattituck that are going to have to put up with the density and the need for housing for young people but you know, we all live in this town together, isn’t there a way to have a comprehensive plan and then plan your density from that. I think you are putting the cart before the horse, basically. I think there is a lot more to consider and I urge you to postpone the vote. SUPERVISOR RUSSELL: Let me just say one thing. I have gotten a lot of correspondence either for this or against it but every single letter in opposition has not said I don’t want affordable housing in that community. And I will tell you, I have talked to everybody on Old Sound Road and Factory Avenue and everyone of them has said we can see the need for affordable housing, we can see that that is a location that you might want to put it. All of their issues have been over density. Every single alarm that they have rang has just been how much affordable housing can you get on seven acres. That has come a long way because I have been here for over 15 years and in the old days, whenever an affordable housing committee would come along, you would have this swell of neighbors coming out and opposing it. Not for density issues, just they didn’t want it there. So to that extent, I have to say that every conversation that I have had with the community up there, they have been very gracious about using that or utilizing that space for affordable housing, the issue seems to be how much affordable housing is what is a real concern to them. MS. MURRAY: Well, I would just like to add, I think all the townspeople here and the Town Board should really consider our total environment, whenever you consider these projects and density is most important. And in fact, everything from the air we breathe and the water, the taxes you pay, etc. SUPERVISOR RUSSELL: Thank you. COUNCILMAN KRUPSKI: Maybe we should give an explanation about why we are not going to vote, there seems to be…. SUPERVISOR RUSSELL: Just so you know, we are not in a position to vote I don’t believe, this evening. When the SEQRA was delivered to the Town Board, several issues were raised. We sent it back to Pat Cleary for some input regarding the groundwater protection, (inaudible) near there, some concerns that were raised by Councilman Krupski and others. We sent it back to them for inclusion into the SEQRA. I don’t believe we really are in the position to vote on it this evening because we don’t have the complete information. Also, keep in mind that tonight is the hearing on the sanitary flow credits only. There is going to have to be a vote on a rezone and everything else. So this is far from a fait accompli. Would anybody like to address the Town Board? EILEEN MCGETTRICK: My name is Eileen McGettrick. I live on Factory Avenue. I am a Page 46 March 28, 2006 Town of Southold Board Meeting young person, I worked hard, I was happy to get in my home prior to the escalation of home prices. However, 24 houses, I think it is too many houses. Again, the density. They did the traffic flow study last week, I know that is in, however, do that traffic flow study at 6:30 in the morning, 7:00 in the morning when the trucks are pulling into A & P; do that traffic study in the summertime when there is an influx of people visiting that are and more people coming out of their houses going to the stores, going to the beaches. I can tell you, sometimes it is hard to get out of my driveway. You know, part of the reason I bought my house and when I bought it was because I did look at a lot of houses, was the enticement of the woods behind me. I like to bike ride, I like to hike. I go back there quite frequently. I clean up the area when people litter in it because it is an extension of my home. I know I don’t own it. To have two or three houses that are touching my backyard just seems like, already we feel very close in that neighborhood. Our houses are close together. I also am concerned about the wild life that live in the area. You can go bike riding and you can see deer running across. What will happen to those deer, what will happen to the crickets you hear and the occasional frog that you hear when you go down by the lake. My concern is for the environment as well. Twenty four houses just seems a very high amount of houses for that small an area. I see houses being torn down, houses that could be made to two family homes. There is one on the way here, on the left hand side. Yes, it is in disrepair. Why not take that down and put two houses there and spread out our affordable housing? Yes, we are in need of affordable housing. If I didn’t buy my home seven years ago, I would not be able to afford it as a single mother with a child. My other concern is, we are doing this expansion on the schools, we didn’t really think this out, if we are going to put 24 houses, what, are we going to go back and expand the schools even further? My child is in (inaudible), she started out with 20 kids in her class. She now has 25 and 26. Uniforms came in today for the track team. There is not enough uniforms, my daughter doesn’t get one. I pay my taxes, I just think we really have to think things through and I think that concentration is too great, when we are tearing down homes. I think we should open up some sort of incentive to the elderly, who are also being forced to move off and they are some of the people that are in these homes that are starting to deteriorate, that we end up they move off or they pass away. And we can also look at other options, we can look at, you know, what houses have been foreclosed on that could be rehabbed and put up for sale and have some sort of an auction with a cap, where it is not an open auction, you have to be within a certain guideline. Yes, there is a need for affordable housing. The concentration in one area when there are other houses that are vacant, that are rundown, that we possibly look at other avenues to create different pockets of affordable housing. I think we need to explore those options as well. Thank you. SUPERVISOR RUSSELL: Thank you. ELIZABETH MURPHY: Hello, my name is Elizabeth Murphy, I would like to thank the Board for listening to all of us today. I am a teacher’s assistant at Cutchogue East. I am finishing my masters degree in special education and I am currently working with the special education population in our district. Our children that need us. I would just like to address the Board, I have been looking for a home that I can afford for the last four years. I have called the Town and I have gotten names of owners of houses, the run down properties, and I have called every single one of them. I have driven up and down these roads of every single town that I have called and the price that they want for a house with the roof caving in, $300,000. It is not something that is Page 47 March 28, 2006 Town of Southold Board Meeting feasible. And I think that when people think that it is have not really done their homework. I just wanted to address the Board and let you know that we are productive citizens in the community. Our children are here already. We are renting, we are not paying taxes. We own a house, we will be paying taxes. Class sizes may be increasing in school but it is not because there are more children, there may be more children but teachers aren’t there. We have less class sizes. We have lost a kindergarten, you know, we may be losing other sections. This is the reason for class size increasing, there is not as many classes. Kids have to go somewhere. So I think that people maybe have a little distorted view of what is going on and I just want to thank you for all your work and the CDC for all your work and just hope that you approve everything and give us a chance to stay here and help our community. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody like to address the Board? ROB KETTENBEIL: My name is Rob Kettenbeil, (inaudible) have lived in Southold my whole life. I am just approaching the Board regarding the affordable housing. I am all for it. Yes, I know there are complaints from members of the community but every (inaudible) I am just saying that I live with my family, I live with my parents also, I am a volunteer fireman here in Southold and there has already been a complaint about volunteers. Look up west, every fire department, every EMS is going paid services. I mean, look at our taxes now. When all of us are gone and you can’t have any volunteers, (inaudible) how are you going to put taxes then? I mean, I am just saying this because my company, in my fire department, the average age in my company is 55 years old. (Inaudible) I was the youngest guy to join. Yes, I know there are complaints about affordable housing, where it is being put up, whatever. This isn’t like a development like Eagle Shores or (inaudible) Bayview area of Southold, where the property is $600,000, just for the property alone. And you look at the license plates that go in and out of there everyday, it is New Jersey, it is all down south or up island (inaudible) and make tons of money. They come out here and they don’t care. I am just saying if you want to keep the youth in this community here, I love it here, I absolutely do but my salary is all I make. I can’t afford a $400,000 house and I looked at houses. A $400,000 house you need $100,000 of work before you move into it. I am all for it and I really appreciate it everything the CDC has done and (inaudible). Yes, I know residents of Factory Avenue are complaining about the traffic and everything but you (inaudible). I mean, try to keep your youth here, not chase it away. I mean, from my graduating, I graduated from Southold in ’98, from my graduating class there are maybe about 12 of us that are still left. And whether or not this program goes through or not (inaudible) and I really hope it does go through for the sake of our youth and seniors. Thank you very much. SUPERVISOR RUSSELL: Would anybody else like to address the Board on this issue? HELEN BERDINKA: I am Helen Berdinka and I live on Factory Avenue. And I don’t want the young people that are here or any other young people in our town to think that we don’t welcome them. Our concern (inaudible) they are not only (inaudible) they are the people who are going to be moving in the houses as well and I think the density is too high. Certainly those three houses by the tracks, they are just way too close and those houses, they are crammed in there and there aren’t really going to be any trees left for those people who are buying those houses. I just think Page 48 March 28, 2006 Town of Southold Board Meeting we have to a little wiser but we are not only thinking about ourselves and I want them to know that and I want the Board to know that. I want this to be a project that is feasible and good and we are proud of it when we are finished. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Board on this issue? COUNCILMAN WICKHAM: Scott, I think I should read in this addition to the neg dec. SUPERVISOR RUSSELL: Okay. COUNCILMAN KRUPSKI: Can I read in a comment before you go on? SUPERVISOR RUSSELL: You want to go after he reads? COUNCILMAN KRUPSKI: Explain where it comes from, though. COUNCILMAN WICKHAM: There is one additional comment that came from the consultant who prepared the SEQRA study on behalf of this project. It got a negative declaration and it has an additional comment as follows. ‘The proposed project does not conform to the low density residential use recommended for the site in the special groundwater protection area. However, it is noted that the land use type and density increase requested are specifically allowed and even encouraged by the Town of Southold. The SGPA makes no other recommendations specific to this site. The proposed project conforms to the general recommendations of the SGPA plan in that septic systems designed and installed under the review authority of the Suffolk County Department of Health Services will ensure compliance with SCSC article 6, thereby meeting best groundwater management practices. The transfer of yield requested for this project will also transfer a portion of the sanitary flow that would otherwise have occurred elsewhere in the region to this site. Thus, no net regional change in wastewater generation or recharge is anticipated. In consideration of the above, it is anticipated that no significant adverse impacts are associated with respect to the SGPA plan.’ And that is in addition to the SEQRA negative declaration on this project. SUPERVISOR RUSSELL: Albert, would you like to comment on that? COUNCILMAN KRUPSKI: Not on that. I just want to everyone to make the distinction between the Board voting on affordable housing and the Board voting on this particular project. This particular project is driven by a development company that came to the Town and is trying to, and this is their plan, this is what they presented to the Town and this is what they want to do. This is not, and I give, I give the past Town Board’s a lot of credit for setting up avenues for promoting affordable housing and they did a lot of work on that and they deserve a lot of credit but I just want to make it clear, this isn’t the Town’s proposal, this is a development company’s proposal that is being promoted here and that the Town Board is taking information and will continue to, before it makes a decision. Page 49 March 28, 2006 Town of Southold Board Meeting SUPERVISOR RUSSELL: Okay. Can I get a motion to this particular hearing? And then Hazel, we are going to get to you. I am sorry, Gail? MS. WICKHAM: No other comment. SUPERVISOR RUSSELL: No other comment? MS. JEFFCOAT-FUNKE: Can I comment specifically on this housing initiative? SUPERVISOR RUSSELL: Okay. Come on up, please. MS. JEFFCOAT-FUNKE: Having a chance to listen, I can kind of tailor it. I will come back to my personal issue of why I came to see you tonight and keep it where, as a homeowner in Southold, when I went through my illness because of that 1998 issue that happened on Kenney’s Road. We tried to turn our home into a two family home and we tried to work with the Town’s approach to affordable housing. You have a very multi-layered ruling or set of laws that prohibit the homeowners in this area from turning their homes into accessory apartments or two families living in one, which prohibited us from being able to see where our kids could come and stay with us and live with us. So if you could revamp some of the housing regulations that you have right now on the books, because even after I separated from my spouse, with some of the problems we were having, I wanted to find an affordable housing while we went through that separation period. As it worked out, I have like a tenancy right at my home on Kenney’s Road until my children are emancipated. But we had to dance through the legalese of Southold’s rulings on homeowners having accessory apartments. You cannot even sell your property with the right of that accessory apartment being considered a valuable asset that that new homeowner might have to help offset the costs of these unaffordable neighborhood. And when you are done with the hearing, I do want to go back to the fact that the state came out and advised this community that one out of every 284 of us are guaranteed to die of cancer because of the legal emissions of the nuclear power plant that are within a 10 mile plume of us. Now, this is Southold Recreation Hall meeting that that was held in. So do these people that are trying to stay here really want to stay here? Because they are losing their lives, their children’s futures and we have all kinds of projects to prove it, that’s already been established. So my recommendation is postpone the septic tank issuance of 24, everybody likes 12 but nobody likes 24 and allow the homeowners here to have a little bit more control over the liberty and use of their homes. You have got too many layers. As a homeowner, my husband and I could not afford to turn it into a two family home where someone else could rent from us. And you did not allow us legally an option to sell with that asset in the house, so another family could afford to come in and pay for the cost to live here. And it does take a lot of money to move. So that is my comment. Thank you. SUPERVISOR RUSSELL: Thank you very much, Hazel. Gail, do you want to address the Board? MS. WICKHAM: I want to address specifically the comments about density because that is, I think, (inaudible) consider now. Certainly all of the comments (inaudible) about affordable Page 50 March 28, 2006 Town of Southold Board Meeting housing (inaudible) but I wanted to specifically address the density. First of all, the applicant did meet with the Health Department at the very outset to review this specific plan for transfer of 12 credits and was advised by the Health Department and encouraged to do that in order to promote the project. There is the no circumvention of the code or of Article 6, Mr. Helpert met with us at the very beginning and discussed that. The transfer of the development rights would be from credits generated from the immediately surrounding area. Another thing that does relate to density, not so much to sanitary but just to density is the traffic study that has been mentioned several times about a winter study. And those figures that you have in the traffic study do reflect year round (inaudible) on the highway. Again, all of these things are going to be addressed at great length before the Planning Board and I understand Mr. Steadman’s point that, you know, you can’t be done now but typically an applicant cannot address all of these things until they know they are allowed to move forward on an affordable housing basis. They are going to take the risk that the Planning Board is going to allow them to subdivide this property in accordance with their plan. They have been very, very careful and very diligent, as you know, to try and address as many bases as they can; they have done what they said they were going to do, they have responded to your concerns and are trying to put together what is really a very nice and extremely needed project. It might interest the Board to remind you that this property, not too long ago, was previously zoned for light industrial office. This has not always been a strictly residential area. The other thing that I want to mention, oh, that we also had, one of the first meetings that we had was with the fire department because again, their input is going to be very important. They will have further input in the Planning Board process. There are aspects of this project that are going to affect the residents. Certainly, they are not going to be able to walk in someone else’s woods now but fortunately they can walk through the county parkland and other parklands that the town provides. I think it is important to notice that as you drive along Factory Avenue, all of the homes on the west side of Factory Avenue with one exception, do have accessory structures in their rear yard and some of them fairly significant size that will help screen this. Mrs. Berdinka’s property is a 50 foot lot, one of them on a 7,000 square foot area. If you look at many of the other homes in the immediate vicinity of this property, very many of them are 50 feet wide and 10,000 square feet or thereabouts, so it is not out of keeping with the density in the area and as I mentioned earlier, this is a very scientific analysis by the Health Department. You don’t get past them if you don’t meet their criteria. You don’t get past them because you have people coming up and saying (inaudible), you get the Health Department on sanitary credits because they look at the engineering and compliance and they say it is okay and that is the only way you get past them. If I could, if you are going to pass legislation for affordable housing which you have done after great consideration and then backed down when an applicant like this comes in because neighbors are concerned, then you really, you have to recognize and you don’t want to recognize the economics, then we are really in trouble in this town and I think you are going to look very foolish to the young people and the older people that are here that need this type of housing and the realities of this being very, very appropriate spot for it and an appropriate density for it. Thank you very much. I would urge you, if you could close the hearing and make your decision at the most opportune time because as you know, we are on a very difficult time frame. We have been exceedingly cooperative throughout this past few months in accommodating that. Thank you very much. SUPERVISOR RUSSELL: Can I get a motion to close this hearing? Page 51 March 28, 2006 Town of Southold Board Meeting ? Vote Record - Public Hearing #2 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Voter ? Adjourned ???????? Daniel C. Ross Voter ?? Closed ???????? Thomas H. Wickham Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter Statement SUPERVISOR RUSSELL: Okay, we still have a little bit of business to finish up, so bear with us. COUNCILMAN WICKHAM: We have another hearing. SUPERVISOR RUSSELL: Another hearing? TOWN ATTORNEY FINNEGAN: Yes, we have another hearing. SUPERVISOR RUSSELL: Oh, another hearing on hamlet density. Public Hearing # 2 S28TM, 2006 A5:05 P, STHAT ET THE H OF ARCHT MOUTHOLD OWN ALL S THE IME AND PPHNPLLE“A LLI LACE UBLIC EARING OTICE ON A ROPOSED OCAL AW NTITLED OCAL AW N RAUWHDRD ELATION TO MENDMENTS TO SES ITHIN THE AMLET ENSITY ESIDENTIAL ISTRICT NOTICE IS HEREBY GIVEN COUNCILMAN WICKHAM: , there has been presented to the th Town Board of the Town of Southold, Suffolk County, New York, on the 14 day of March, A Local Law in relation to Amendments to Uses Within the 2006 a Local Law entitled “ Hamlet Density Residential District ” AND NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main th Road, Southold, New York, on the 28 day of March, 2006 at 5:05 p.m. at which time all interested persons will be given an opportunity to be heard. A Local Law in relation to Amendments to Uses Within The proposed Local Law entitled, “ the Hamlet Density Residential District ” reads as follows: LOCAL LAW NO. ______ 2006 A Local Law entitled, “A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - This amendment is intended to permit a variety of housing types and arrangements in the Hamlet Density Residential District, and to subject those uses to the recently enacted residential site plan approval process. This amendment is also intended to avoid the result of parcels in this district undergoing subdivision, without being subject to the residential Page 52 March 28, 2006 Town of Southold Board Meeting site plan requirements that govern the design, arrangement and community integration of such parcels, in addition to lot yield, environmental and affordable housing considerations. The amendment would thus permit the use of more than one single family dwelling on a lot in this district; more than one two family dwelling per lot; and multiple dwellings, townhouse, row or attached houses. All such uses would then be subject to residential site plan approval. The density requirements for any and all of these uses would not be changed, and lot yield in accordance therewith would be calculated in the residential site plan approval process. II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: § 100-42. Use regulations. In the HD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. (1) One-family detached dwellings, subject to residential site plan approval for more than one such structure per lot. (2) Two-family dwellings, subject to residential site plan approval for more than one such structure per lot. (3) Multiple dwellings, townhouses, row or attached dwellings, subject to residential site plan approval. (4) Continuing care facility and life care community. [Added 11-22-1996 by L.L. no. 20- 1996] B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board: (1) Multiple dwellings, townhouses, row or attached houses. (1) Accessory apartments in single-family residences as set forth in and regulated by § 100-31B(13) of the Agricultural-Conservation District. (2) Bed-and-breakfast uses as set forth in and regulated by § 100-31B(14), without site plan approval.EN (3) Health care facilities. [Added 11-12-1996 by L.L. No. 20-1996] 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. COUNCILMAN WICKHAM: Some of you may know about Peconic Landing, outside Greenport here. That particular site is on, is owned by one corporation or one entity that owns the entire site. According to the Town’s laws up until now, if your home and mine, if we have one lot, we are only really allowed one home on that lot. If you apply the same principal of a residential site plan, such as Peconic Landing, they would only be allowed one site on that entire site because it is only owned by one entity. This law is designed to deal with that situation and Page 53 March 28, 2006 Town of Southold Board Meeting its amendment and it is specific to the hamlet density zoning districts in this town. This proposed law was first brought to our attention by our Planning Board and it was considered by the Town th Board last year. We held public hearing on this law on September 27 last year. The purpose is to expand the variety of housing types permitted in the HD district and to allow them as permitted uses rather than requiring special exceptions from our Zoning Board. So, the proposal would do the following and only in this HD zoning district. Number one, it would allow more than one single family on this parcel, a parcel subject to residential site plan, so you don’t have to have a subdivision. Residential site plan means like a condominium style of ownership where it is still owned by one entity but there are several different homes on it. More than one single detached house could be built based, if this law were enacted. Number two, it would allow more than one two family dwelling on this parcel. Also subject to residential site plan approval. Currently, our town code allows only one single family or two family dwellings per lot. And the third thing this law would do is to allow multiple dwellings, townhouses, row or attached dwellings, those kinds of attached homes subject to residential site plan approval. This was previously allowed. It is allowed now in our town code but only after special exception is granted from our zoning board. This amendment would allow all of that as-of-right. I should just conclude that this amendment, if it were enacted, does increase the density or the yield on any of the parcels. It only allows for a variation in how the housing form can be placed on the parcel. That is a summary, there is of course, a lot of legal language in here and parts of the old law that are deleted and parts of the new law that included and I don’t think I need to try to read all of that. I do have some communications to the town on this. One is from our Senior Environmental Planner and also our LWRP Coordinator who has concluded that this proposed action, if it is enacted, is consistent with the policies, standards and therefore is consistent with the LWRP recently enacted by Southold Town. I have a memorandum from Jerilyn Woodhouse, the chair of the Planning Board, dated last September. ‘As requested, the Planning Board has reviewed this amendment. Proposed changes to the code are intended to permit a variety of housing types within the HD zoning district. Specifically, these changes will number one, eliminate the need to obtain special exception for multiple dwellings, townhouses, row and attached dwellings and number two, would permit as-of-right multiple detached single family residences, two family dwellings and multiple dwellings townhouses etc. subject to residential site plan approval. The Planning Board finds that the above referenced changes are consistent with the general purpose of the Hamlet Density zoning district to allow for higher density and we therefore support the proposed amendments. In addition, the proposed amendments will facilitate a more consistent and logical review process for all high density developments proposed in the Town. It is understood that these code changes do not permit an overall increase in the yield, which will continue to be based on the requirements of our zoning chapter.’ I have a memorandum here from the Suffolk County Planning Commission, ‘Pursuant to Section A 1414 of Suffolk County administrative code, this application which has been submitted to Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent county wide or intercommunity impact. A decision of local determination should not be construed as either approval or disapproval.’ And I have but I am not going to read them all, a rather lengthy extract of the minutes of the previous public hearing on this law, which was held on September 27, 2005. And I have, of course, the notice that it has appeared on the Town Clerk’s bulletin board outside and it has appeared as a legal in the Suffolk Times newspaper. And I believe that is all. Page 54 March 28, 2006 Town of Southold Board Meeting SUPERVISOR RUSSELL: Okay. Would anybody like to address the Town Board on this issue? Yes. UNIDENTIFIED: Yes, I have a question. Have the hamlet studies in all the hamlet districts been adopted by the Town officially? SUPERVISOR RUSSELL: No. Well, the hamlet studies have been accepted by the Town Board but the halo zones, they have not been. UNIDENTIFIED: The halo zones. They have not been. So are we putting the cart before the horse if we say this can go into the halo zones before we know how big those zones are? SUPERVISOR RUSSELL: I don’t think this even addresses that. Really what it addresses, right now this would only pertain to three parcels in all of Southold Town. One being in Cutchogue, which is the HD zoned parcel… UNIDENTIFIED: Is this behind the post office? SUPERVISOR RUSSELL: Yes. One which is subject to litigation, which is the KACE property and then another about a 2.2 acre parcel in Greenport. Other than that, all of the other HD’s have already developed… COUNCILMAN WICKHAM: And they are not in the halo areas. SUPERVISOR RUSSELL: Yeah. And they are not in the halo areas. In fact, the one on Griffin Street in Cutchogue is just a little bit north of the halo area. This is really just trying to address the issue of style of construction within those HD categories. This has yet to factor in the halo issues. UNIDENTIFIED: Okay. Thank you. SUPERVISOR RUSSELL: Cathy? CATHY (UNIDENTIFIED): One of the beautiful things, not maybe you but some of you and maybe some of you again, did with the old affordable housing things that you provided a buffer (inaudible) Does this provide any buffer for the people that are going to be overwhelmed by this HD? COUNCILMAN WICKHAM: It doesn’t explicitly provide for a buffer but it does not allow one single unit more than what the law currently provides for. This law, if we enact it, would not allow even one single residential unit more than what the law currently calls for. UNIDENTIFIED: Which means what? Page 55 March 28, 2006 Town of Southold Board Meeting COUNCILMAN WICKHAM: It means that… UNIDENTIFIED: (inaudible) COUNCILMAN WICKHAM: Yes, it means that you can have two or three all attached, rather than two or three separate ones. Or it means you can have two or three separate one… UNIDENTIFIED: (inaudible) COUNCILMAN WICKHAM: Yes. We think it would be. Excuse me, I think it would be. UNIDENTIFIED: (inaudible) SUPERVISOR RUSSELL: Actually, this was just a glitch that was created in the last year or two. The hamlet density zoning, like I said, there is only three vacant parcels left right now in Southold Town, they are as a matter of zoning right, quarter acre zoning. Actually, what this does, it allows for a flexible option to more tightly cluster the more residential uses and allow for a greater expanse of open space. I actually talked to you about the proposal on Factory Avenue and thought (inaudible) quarter acre zoning issue, unfortunately, that is just not part of the equation but this is really just a stylistic issue, we haven’t really, we haven’t increased any density of parcels by doing this. We have just simply allowed for Founders Village to be built, were it to be built today. That is all, in that style. UNIDENTIFIED: (inaudible) COUNCILMAN KRUPSKI: That is not how it was applied for though. SUPERVISOR RUSSELL: No, it is not. But I certainly agree with the sentiment. UNIDENTIFIED: I have a question. How does this affect the KACE development? You said that this is specifically for these three things, one of them being the proposed KACE development. SUPERVISOR RUSSELL: It wouldn’t affect KACE at all. KACE is actually subject to litigation and KACE’s legal fight has very little to do with its hamlet density zoning. It has to do with jurisdictional issue. They want to become part of the Village and not live under the aegis of zoning. UNIDENTIFIED: Right. SUPERVISOR RUSSELL: This wouldn’t affect them in any manner. They are still recognized as a hamlet density parcel in Southold Town, they still have a right to quarter acre zoning under the Town’s auspices. They are not looking for that, they are looking for much, much more than that. UNIDENTIFIED: Can you clarify for everybody here, what it means, subject to residential site Page 56 March 28, 2006 Town of Southold Board Meeting plan approval? In other words, is there a limit to how many units you can build in the hamlet density on say, an acre or whatever? COUNCILMAN ROSS: Basically, you know, the way the system operates now, if you had a 20 acre piece with half acre zoning, you would have the right to 40 lots, 40 units. You would go in and make the application and because you are required to put each lot, each livable unit, each unit on a separate lot, you would go through the planning process. If you wanted to develop attached housing in a condominium or cooperative situation where all the units would be on one piece of property that would be owned by one entity, right now you would have to go to the Zoning Board of Appeals. So you would be before the Planning Board, you would go to the Zoning Board of Appeals and the Zoning Board would consider that. UNIDENTIFIED: And this would do what? COUNCILMAN ROSS: What this legislation does is take it away from the Zoning Board of Appeals and puts it with the Planning Board, which is considering the application to begin with and that is residential site plan approval. It allows them to consider all the units together, together and remove the requirement to go to these two Boards. That is the, essentially it is more of a procedural. UNIDENTIFIED: So it streamlines the process? COUNCILMAN ROSS: Yes. And it just applies to HD and as Councilman Wickham indicated, it doesn’t affect the yield at all. The yield would remain 40, they would just be attached. UNIDENTIFIED: Okay. And a related question to this, following up on what Julie said, when are those halo zone things going to be officially approved? I don’t think we have even seen the final… SUPERVISOR RUSSELL: No. Actually we looked at the maps as a Town Board for the first time today. We had a very lengthy discussion with John Sepenoski, who has calculated a lot of the math for us and produced the maps, Mark Terry, Anthony Trezza. What we are going to do is in the near future, we are going to set up meetings with the halo stakeholders, the hamlet stakeholders, to bring them back in and go over these maps and make sure we can sort of more or less coordinate our actions with the true intent of the hamlet stakeholders. UNIDENTIFIED: Great. SUPERVISOR RUSSELL: Okay. Would anybody like to address the issue of this riveting subject? Go ahead, Leslie. LESLIE WEISMAN: I am Leslie Weisman from Southold and I would like to speak in favor of this resolution. I think it is very appropriate planning, it puts decision making where it ought to be relative to site planning. It gives the Town, mainly with the Planning Board and not with the Zoning Board. There are only three parcels under consideration, it is proactive, it should have Page 57 March 28, 2006 Town of Southold Board Meeting been done I think, a while back, actually. And I believe it gives site planning far greater flexibility, provides a better tax base potentially for the Town in terms of those parcels and I think it is an extremely efficacious way to proceed on the three remaining parcels. So I totally support it. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? (No response) JUSTICE EVANS: I move we close the hearing. ? Vote Record - Public Hearing #4 Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Seconder ? Adjourned ???????? Daniel C. Ross Voter ?? Closed ???????? Thomas H. Wickham Voter ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter Statement SUPERVISOR RUSSELL: Now I would like to open the floor to anybody who would like to comment on any issue of mutual interest with the Town Board. Mr. Copertino? JOHN COPERTINO: Can I go back to this affordable housing question? SUPERVISOR RUSSELL: Yes. MR. COPERTINO: You are going to assess a house at $217,000, part of the homes? Some of the homes? SUPERVISOR RUSSELL: I can’t speak for the Assessors but my suspicion is that they are going to weigh that heavily into the assessment. MR. COPERTINO: Okay, would you consider that, since you were on the Assessment Board, a lower than the average 2 bedroom, one bath house? SUPERVISOR RUSSELL: Significantly. MR. COPERTINO: Okay. Isn’t that going to be discriminatory against people with two bedrooms and one bath homes that are paying a higher tax? SUPERVISOR RUSSELL: That is an issue that has been before the courts several times in New York State. The problem is, if I own a two bedroom, in fact, which I do right now, own a two bedroom, one bath home; I am entitled to all of my equity, I am entitled to the resale, whatever I can encapture on that market, I am entitled to. So therefore, I pay tax on that. What this is, it is an artificial cap designed to perpetuate affordable housing, so that the owner that buys at $217,000 can’t go out and achieve whatever that market might bear for that home. There is an Page 58 March 28, 2006 Town of Southold Board Meeting artificial cap in place, so it is not really the same equation but I do have to tell you, that being said, that the Assessor’s do have the right to look at the market and try to come up with some fair measure of value, perhaps in between the $217 and what might be a realistic market value. As an Assessor I would, as a former Assessor, I would argue that that is perfectly within their purview. But I can’t speak to exactly what they will do with this, though. I don’t have the authority. MR. COPERTINO: You understand what I am getting at? SUPERVISOR RUSSELL: Absolutely. MR. COPERTINO: In other words, it is going to be unfair tax treatment to the people that are getting a cheaper home to begin with. It is going to be lower than the person with the same home in another area. SUPERVISOR RUSSELL: Yeah, but they don’t have the same value and at the end of the day, assessments or taxes are based on value. I am entitled to the full equity of my home, there is no restrictions to it, therefore I pay tax on it. The people that are buying into these are only entitled up to the $217 plus a nominal annual adjustment. They just don’t simply own that equity, so it is difficult to assign a tax to equity they don’t own. MR. COPERTINO: Well, again, I don’t know where you can stop. You know, 20, 24 homes. You are just scratching the surface. SUPERVISOR RUSSELL: You are right. MR. COPERTINO: Of needy homes. I just don’t know how you are going to stop this. SUPERVISOR RUSSELL: Believe me, you raise some… MR. COPERTINO: We’ll go on to my next thing, if you don’t mind. SUPERVISOR RUSSELL: By all means. MR. COPERTINO: Overdevelopment, which includes the affordable housing, workforce housing proposal among other suggestions, I think that I ask the Town Board that we must not cater to the greed of the developers that only care about making a greenbacks without honest regard to the preservation of our small town character and the natural beauty and wildlife. Preservation of land and control of our population should be foremost in our minds. They use this, this little gimmick in saying that we can’t get workers out here, were if the employers out here truly can’t find workers, there is plenty of workforce in Riverhead and if they supply the transportation, then they would have the workers out here. Although those workers can’t afford to live out here. Maybe they can live in Riverhead. The average home in Long Island, in Suffolk County, is $400,000. I don’t know anybody that makes, the rule of thumb on purchasing real estate is 1/3 of the total value of the house which is $133,000 salary. I know you don’t make Page 59 March 28, 2006 Town of Southold Board Meeting $133,000. I bet you and your wife don’t make $133,000. It is just a subject that is right now out of grasp with the young people throughout Suffolk County. $400,000 for a home. Are we going to, is every town going to provide affordable housing for everybody in Suffolk County that can’t afford it? No, the answer is no. You can’t stop this, once it is started, you can’t stop, fairly. You can’t be fair to the other families that didn’t qualify or didn’t get their name picked for the affordable housing. You just can’t do it. And you can’t limit the size of the families within those affordable houses. Two bedroom, one bath? I know a guy that raised eight kids in a two bedroom, one bath house. It was difficult, you know, but it is possible. SUPERVISOR RUSSELL: Two kids, three dogs and a cat. MR. COPERTINO: You have a two bedroom, one bath. SUPERVISOR RUSSELL: Yes. COUNCILMAN KRUPSKI: You said you have, how many kids left to go, six? MR. COPERTINO: I don’t think we should pander, which you are not really doing, I am not accusing you of doing it, it is to the greed of developers by giving them the okay that will eventually cause a rapid decay in this town of overdevelopment. Oh, yes. I forgot to mention the plan for the holistic spa that some dreamer would like to build at the end of Shipyard Lane. That to me is quite a fantasy. Just think of the pollution to the bay that the proposed docks will cause. Besides the quality of life reduction of the people that live on Shipyard lane. The lane is 20 feet wide. You are going to have construction trucks going in and out. The lady that proposed this, the owner, the would-be owner, says there is going to be private transportation. This is ridiculous. You are not going, she is not going to be able to do it. You are going to stop, you are going to have a guard shack on the Main Road, only private public transportation allowed and not stop all other visitors from coming in? How is that going to work? It is just a scheme of overdevelopment of people that really don’t have an attachment to this Town. Who could care less about our resources and our character in this Town. All they care about is money. Next issue. The animal shelter. I am a proponent of the care and welfare of homeless animals. I feel that a decent shelter should be built. But I also feel that three million plus is an exorbitant amount of money for a 10,000 square foot shelter, which boils down to about $300 a square foot, if my math is correct. It should be reduced, we should give a comfortable shelter to the animals and the workers. Let’s not forget the lady made a good point the last time about the workers. You know, we don’t need a concrete block, non-heated shelter but we also don’t need a $300 square foot shelter. There are houses that are being in East Marion now for $200 a square foot that the shah of whoever could live in. They are beautifully built. So let’s get that reduced but let’s get it built. The lady architect that addressed you had mentioned that you wanted or she was going to start some private donations. I don’t know is that coming to any kind of effect? I think that is a real good way out. SUPERVISOR RUSSELL: They are working very hard. Page 60 March 28, 2006 Town of Southold Board Meeting MR. COPERTINO: Yeah, that is good. And it will relieve the Town of the burden of this shelter. Taxes. Again, I am a senior citizen paying exorbitant taxes. Happy to pay it. Somebody paid the taxes for my child in school, my children, and up until this year I haven’t really felt it but like I said before, I am on a limited income, social security and a small pension and I see that the East Marion school district is going to a 10 percent increase, I hope you guys aren’t going to raise us because at 10 percent just for schools as I stated before, in seven years the school tax that I would have to bear is double what I am paying now. That is going, I am going to apply for the affordable housing I guess, at that point. Because by that time, you will have 400 affordable housing units around here. Anyway. I am saying that in jest, I don’t mean to jest about a very touchy subject. Do we have, does this town have any jurisdiction on consolidating schools? None whatsoever? SUPERVISOR RUSSELL: No, I actually am sending correspondence to all of the taxing jurisdictions asking for representatives so we can convene a real property tax committee to investigate some of the current issues and challenges that are faced by all of us, the town, the libraries, etc. The schools. I am going to ask them to put everything on the table for consideration in identifying future relief from the crushing burden of taxes. That is a process we are working on now. I have no jurisdictional authority to ask anybody to come to anything and it is not my goal to usurp their authority but I would ask for a candid discussion on all the options down the road. MR. COPERTINO: I think consolidation is the only answer to what, you know, you have how many different school superintendent’s at exorbitant salaries. I mean, well deserved in certain areas of the country, but not here. East Marion, he makes $150,000 a year, which is lower than I believe, other superintendents. But there is only 106 children in that school. It breaks down to $1,500 a student, just for the superintendent. There is something wrong, there is wrong here. You know, there has to be something done. Us senior citizens are going to be chased out of this town. I don’t want to be chased, just like the young lady that wants to stay here, I want to stay here. But right now, I can afford to stay here. I ask you not to tax me out of here and I speak for most of the seniors. You know. We are not wealthy. Everybody thinks that we are wealthy. We are not wealthy. We just were lucky enough or intelligent enough to buy property years ago when it was reasonable. It wasn’t our fault that the property values went up. It might have been the fault of the realtors that came up from the south fork or the developers or some of the builders here that raised this property or you are looking at $400,000 throughout Suffolk and $430,000 per unit in Nassau County. So do what you can to keep our taxes as low as you can. I speak for all seniors and the whole population of taxpayers in this community. I thank you. SUPERVISOR RUSSELL: Thank you very much. Would anybody else like to address the Board? Cathy? CATHY (UNIDENTIFIED): (Inaudible) are the houses going to be on slabs or basements? SUPERVISOR RUSSELL: Basements. UNIDENTIFIED: So technically the basement is a finished room, right? Page 61 March 28, 2006 Town of Southold Board Meeting SUPERVISOR RUSSELL: No, basements with an exterior entrance. Gail? The houses that are proposed, they will have basements, right? With an exterior entrance? MS. WICKHAM: They will have a basement with an exterior entrance. That is correct. SUPERVISOR RUSSELL: Okay. UNIDENTIFIED: No interior entrance? MS. WICKHAM: No. UNIDENTIFIED: And what is to stop them from putting in an interior entrance? MS. WICKHAM: There is a provision in, I left my file outside, but there is a provision in the affordable housing district code which addresses a concern that was raised at the hearing that before any capital improvement can be made, the application must be made directly to the Town and it will go to the Special Projects Housing Coordinator, Mr. Beltz is now in that position. They must justify the improvement in terms, and it has to be reviewed, in terms of value, increased value, need of the improvement and there is one other criteria I don’t recall, has to then be reviewed. I believe the Housing Advisory Commission also has to review it before it is approved. The Housing Advisory Commission is required to supply quarterly reports to the Town Board on all of these applications, values and all of these issues. So there is going to be a pretty tight handle on what happens. The other thing that is a control is when you want to sell your home, it does have to go through a Town review. And I think if at that point, they find improvements that have not been authorized, there will be a way to catch that and deal with it. Which is not necessarily true now with private homes. There is a much higher level of scrutiny. And it will all be enforced by deed covenants, so you can’t circumvent it. UNIDENTIFIED: Inaudible MS. WICKHAM: I think so, I am not positive about that. SUPERVISOR RUSSELL: It is a full basement. An 1,100; it is about the full foot print, so the basement minus the cement, the thickness of the cement. Anything else? UNIDENTIFIED: (Inaudible) because the possibility exists that not only will it be a two bedroom if they wanted to put a basement (inaudible) they will put in an interior stairwell, the possibility exists that they would get accepted for that. (Inaudible) SUPERVISOR RUSSELL: On these technical issues, I have actually met with Phil Beltz and proposed several options to make sure that we can get enforcement, one of them being a fine system that would levy as, that we would convert to the tax bill each year, so that that would be an economic disincentive for somebody not following the rules. In other words, calculate the Page 62 March 28, 2006 Town of Southold Board Meeting level of the fine and then convert it to and send it right out on the tax bill. Tax bills are the most enforceable lien you can have. UNIDENTIFIED: (Inaudible) go there once a year to check that nobody…. SUPERVISOR RUSSELL: Actually, Phil Beltz is the compliance officer for affordable housing. MS. WICKHAM: I have a feeling and I think it is probably true in the Town, if you talk to the enforcement officer, that the most prevalent way of catching violations is by complaint and I suspect that there will be a lot of people watching this project and complaints will come in from neighbors. UNIDENTIFIED: (Inaudible) supports my, perhaps a little less density and people will be a little less… MS. WICKHAM: I don’t think that’s a density issue. But we are getting off the topic here. UNIDENTIFIED: And speaking of police, could you maybe step up the police in the west end of Old Sound Avenue, being that it is still a little bit of a small town you know, we see people going flying by there and they go back to their happy, little neighborhood, safe roads and they put up their ‘please do not speed, children at play’ and yet they come flying down our road doing more than I guess it is 35 mph. SUPERVISOR RUSSELL: I met with the police chief, the captain and the two lieutenants the other day to go over exactly that issue. Where you are on Sound Avenue, on Factory Avenue, on Love Lane, that whole vicinity and the excessive rate of speed. I met with them and they assured me that they would give a greater presence up there. UNIDENTIFIED: They would definitely do well at the four way stop sign at Love Lane because people are always blowing that. I sat at the hardware store and I watched (inaudible) without even considering… SUPERVISOR RUSSELL: Thank you, Cathy. Would anybody else like to address this? HAZEL JEFFCOAT-FUNKE: Okay, guys, it is me Hazel Venice Jeffcoat-Funke again. Just a little cap on her comment about Love Lane. Mrs. Freddie Wachsberger got hit there. She was the person in charge of street and safety light control and such and on the way to a safety meeting, she got hit there. Broke her arm. So it really might be a good idea to look at making it something where people are more aware. Maybe even making it a walking vicinity also. Okay. This is my spiel. I would like the Town Board to invite Senator LaValle and if Patricia Acampora is still a Congresswoman and Thiel and Forbes and all of those people that attended the Southold Town Recreation meeting of November 1998 whereby they came out and notified our town that we were receiving legal emissions from the nuclear power plant in Connecticut, another state, that guaranteed one out of every 284 of us would die of cancer and that the rest of us would fight off whatever predisposition to diseases we had through our immune system. Now Page 63 March 28, 2006 Town of Southold Board Meeting on Kenny’s Road within a mile and a half, within a two year period, I had over two dozen dead neighbors. I witnessed every woman whose land was attached to mine die of breast cancer. No one survived their disease with nuclear medicine. And I am the only existing person that got hit in that cluster that is alive. Now I have just celebrated my six years cancer free and I went and got a reconstructive breast surgery and apparently, it opened me up to being vulnerable to metastases of that breast cancer. Now in less than three months I am told I have three months to six months to live. So, I am here because I have got three to six months thanks to legal emissions guys, legal. I didn’t vote for anybody to step up to the plate and say that a palatable death number is acceptable for energy. I ask those elected officials at that meeting to please, step up to the plate. And you guys have to deal with federal mandates that even affect the school. Which if people want to start complaining about the schools, I will tell you what, Mary Fitzgerald, the principal at Southold School, she worked with Heather Tetrault and myself and people like Sharon Shine and Shelley Scoggins and even Steve Siegelwax, he is not from our neighborhood but he runs the Green Earth Health Food store. There are people out here that went to the school, worked with the principal, worked with the Board, worked with the school supervisor and got the deep fryer out. We serve our children a la carte vegetables and salads to offset and when they were having problems with their budget, they didn’t put in pepsi cola machines. So there is a lot of family activity trying to be a good check and balance but if we are sick, we can’t be a check and balance. And if I am going to be dead within three to six months, who is going to be my kids mother? And what about the other two dozen dead neighbors? No accountability? Then who are the elected officials that voted in legal emissions that guarantee one out of every 284 of us will die of cancer? And can you have that town meeting recalled because I ask them to do something about it and I want to know what they did. And I don’t think I have much of a timetable to work with. According to conventional medicine. And by the way, I again went organic. Biodynamic. And they said I wouldn’t get off of that hospital bed three weeks ago. I am home, I am walking, yeah, with a walker but they said I would never walk again. Now all I am doing is organic foods and medical foods. I have refused nuclear medicine because all of my neighbors are dead. Who is allowing this? Is this some kind of military conspiracy? Is the government going to be found out 20 years from now to be experimenting on our neighbors, like we used to do? We have done it, it is proven. Want to look at the facts? I will go get them for you. It is possible, it is plausible. And I don’t like brown tide and I don’t, I don’t like dogs in the elementary school. How dare we have a mayor of any kind of incorporated village close down the school and bring dogs? What kind of Gestapo are we going to allow in this town, if you are afraid of marijuana, then grow some and find out it is not addicting. And ask your veterans how they put it down. But morphine and phentanol and all kinds of other drugs. And here goes my other pitch. I want to thank Orrin Hatch and the other people, like the people that live here that have organic farms and bio-dynamic farms and the agricultural people that used to farm here using farmers almanac instead of Johnson’s and Montsanto’s poison fertilizers, pesticides that guarantee death. Guarantee it. And we go selling it to third world countries. How dare we have a government that does that? How dare we? Go look at the labels that were pulled off. I have spoken to people from Africa and those pesticides that we sold them were re-labeled so that they over used it; now their people are dying of cancer. So, yeah, we are part of the problem and we are the ones that better get up and protest. That is my opinion. Protest. Civil disobedience. I think you have to apply for a permit. I know when I protested school budgets in front of the school on the sidewalk, if you had a certain amount of people you Page 64 March 28, 2006 Town of Southold Board Meeting had to have a permit for a public convocation. That is what Town Hall is for, that is why I want you to have another Town Hall meeting with these elected officials that came and advised us that we were legally being allowed nuclear emissions that guaranteed a palatable death. I don’t consider myself a palatable death and I know that the neighbors, everyone of those women and I could name them but I don’t want to bring their families here. Now the other issue besides the fact that this neighborhood is very conscious of what they ingest and that is why the schools at least here, try to make sure the kids have better grades by eating healthier foods and it is proven. Less fats, you don’t have obesity and you have a lot of mental clarity. The other one is when Mayor Kapell and Governor Pataki went out and recognized residents that have solar power, well, I don’t want 17 more nuclear power plants. US government going with France, making 17 more nuclear power plants in the United States. This was announced three weeks ago and there was a world chronicle show first edition, with the world bank saying 150 billion dollars a year for water-waste management. If you are worried about flooding out here and what is going to happen down on the tracks with those 24 septic tanks, I will tell you right now, just in my home, we deal with being far enough away from the flood zone but every time it rains we get the neighbors water and our septic has to back up. And then the other one, it is my liberty is being messed with when someone says I don’t have a legal right to self-diagnose or treat or go to a vitamin store without a prescription. You are messing with my constitutional liberty. And I want to thank people like Orrin Hatch, I want to thank people that support solar energy. I want to thank our neighbors, like Mary Fitzgerald, the principal of Southold School. I definitely think you need to revamp how you are treating one another. Because you have made it very difficult for we, the people that live here, to turn our homes into something we can afford. Whether I decide to rent it out to a college kid or not, you have made it very difficult for me to do that as a homeowner and I need you to look at the kind of laws that you….Patriot Act? I don’t have any constitutional rights, excuse me. Look at the executive order that Clinton put in and I will, no indigenous plants in your own backyard. It is against the law, folks. Patenting your seeds. It is against the law any more to open pollinate. There is so much stuff coming down so fast, that whether you realize it or not, keeping the density as a priority might end up saving people’s lives. Because right now you have legally got legal emissions that guarantee one out of every 284 of us are going to die. And Senator LaValle’s team came and told us that. Thank you very much. SUPERVISOR RUSSELL: Thank you. Thank you, Hazel. Before we break, I just want to say we are actually hosting a meeting, it was going to start at 7:00, it is Communities that Care and the issue tonight is underage drinking. There is going to be a presentation, so if anybody feels like hanging around, since tonight ended early, than by all means, please feel free to stay. MR. COPERTINO: I have got one more. SUPERVISOR RUSSELL: Can you come and yell at me tomorrow, John? MR. COPERTINO: Yeah. I would just like you to (inaudible) the 2% tax. They want to impose it… Page 65 March 28, 2006 Town of Southold Board Meeting SUPERVISOR RUSSELL: For school aid? You and 99% of the public, I assure you. Okay. We are adjourned. Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 7:30 P.M. * * * * * Elizabeth A. Neville Southold Town Clerk ? Vote Record - Adjourn Town Board Meeting Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Voter ? Adopted ?????????? Defeated Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ???????? Louisa P. Evans Seconder ???????? Scott Russell Initiator Page 66