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HomeMy WebLinkAboutTB-10/20/2009ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net MINUTES October 20, 2009 4:30 PM A Regular Meeting t Meeting Hall, 53095 Main Road, Southold, NY. Supervisor PM with the Pledge of Allegiance to the Flag. ~- at t4:30 Call to Order 4:30 PM Meeting called to order on October Southold, NY, Attendee Name William Ruland Vincent Orlando Albert Krupski Jr. Thomas H. Wickham Louisa P. Evans Scott Russell Elizabeth A. I. Reports Se Se Judge Bruer September 2009 Organization ld of Southold Hall Route 25, Present Present Present Present Present Supervisor Present Town Clerk Present Town Attorney Present 4. Building Department September 2009 October 20, 2009 Southold Town Board Meeting Minutes 5. Zoning Board of Appeals September/early October 2009 6. Recreation Department September 2009 7. Human Resource Center September 2009 II. Public Notices 1. NYS Liquor License Renewal Legends Harborside Ltd., d/b/a Legends, 725 First St., New Suffolk III. Communications IV. Discussion 1. 9:00 Am - Trustees Salt Water Fishing 2. 9:30 Am - Phillip Beltz Update to Code Committee Discussion for Increasing Apartments and Affordable Housing Apartments 3. 9:45 Am - Jim McMahon, Jamie Richter, Phillip Beltz Peconic School Renovation and IV-3, IV-4 and IV-5 4. Basketball Haft Court in Cochran Park 5. Roller Hockey Rink Resurfacing at Cochran Park 6. Animal Shelter Guillotine Upgrade 7. Request for Reduction or Deferral of P&P Fee 8. Water Map in Orient Follow Up - Town Attorney Finnegan 9. Emergency Response Coordination - Per Councilman Krupsld 10. Update on Meeting with Planning Board - Per Supervisor Russell 11. Blight Law? Page 2 October 20, 2009 Page 3 Southold Town Board Meeting Minutes 12. Letter from Vito Minei re: SC Water Supply Map 13. Kace Annexation SEQRA Update 14. ZBA Office Vacancy 15. Budget 16. Executive Session - Update on Litigation Southwold 17. Executive Session Employment of Particular Person Pledge to the Flag Opening Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: I am sure, if you don't have an agenda, they will be available to you as quickly as possible. They are still working on printing them. I just want to clarify a couple of things before the meeting gets underway. First there are a couple of things that we need to do tonight that you might not see on the agenda. One is to adopt the preliminary budget of the Town Board. The final budget vote would be due, I believe, around the 20th of November. So tonight we are passing the preliminary to get that out for public notice and we are setting a public hearing on that. We also have three public hearings tonight, I know there are many people here for 7-11 tonight, convenience stores, wireless code and preservation purchase. Those will have their own time and place within the meeting in a couple of minutes. In the meantime, I am going to ask anybody that would like to come up and address any item as it appears on the agenda. You know what, let's get this meeting off. Please rise and join with me in the Pledge of Allegiance to the Flag. Okay, so I am going to ask anybody that wants to address any item as it appears on the agenda to please feel free to do so now. Can we notice the public heating at this point? Can we get the public hearing on? JUSTICE EVANS: Before we even begin, I make a motion that we recess for the purpose of public heating. We are doing the land preservation hearing soon because I think the family could only be here at the beginning of the meeting. Okay? After the reading of the resolution SUPERVISOR RUSSELL: What I would like to do now is, now that you have had the agendas and I realize that you have just gotten them but would anybody like to come up and address any issue as it appears on the agenda? Okay. Let's get some, yeah, we actually, the Town Board had been working up until about 5 minutes before the meeting started which is why the agendas are October 20, 2009 Page 4 Southold Town Board Meeting Minutes coming out late. A lot of the work that had been done needed to be included in the agenda, so we were trying to get caught up with the process. This was one of those days that the meeting started at 9:00 and didn't stop until this one started. They overlapped each other. Okay, I would like to get down to business and then we will address those public hearings. JUSTICE EVANS: Are you going to ask does anyone want to address the Town Board? SUPERVISOR RUSSELL: I asked them. Do you want to address the Town Board at this time? Marie? Marie Domenici, Mattituck MARIE DOMINICI: Marie Dominici, Mattituck. Can you hear me? Alright, I am looking at the agenda and it talks about the budget modifications contingent for copy paper. COUNCILMAN WICKHAM: What number? MS. DOMINICI: Copy paper. COUNCILMAN WICKHAM: What number resolution? MS. DOMINICI: Oh, I am sorry. It is 851 on page 11. SUPERVISOR RUSSELL: I presume we are. That was a resolution submitted by your office, Betty?. For copy paper. TOWN CLERK NEVILLE: Yes. COUNCILMAN KRUPSKI: Do you see this agenda? Is there any wonder? MS. DOMINICI: Well, I wanted to ask you, does the Town of Southold participate in shared services? Because .... SUPERVISOR RUSSELL: We do to the extent that it will benefit us. We also, a lot of the shared service agreements through BOCES etc. they invariably end up in the same bid process which is through the state bid contract. So, you know, we do, every time we buy something look for the best deal and the best possibility to leverage our purchase power. MS. DOMINICI: Aside from the fact that this agenda is double-sided, is this a practice for the Town? Because this is a way to save, I don't want to look for a change but I mean, there has to be a way to look administratively how best to cut and still do your jobs. SUPERVISOR RUSSELL: I would, I wish you were at the budget meetings because that is exactly what they have been doing every step of the way. But it is a point well taken. MS. DOM1NICI: As far as the budget that will be coming out in November is it? October 20, 2009 Page 5 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: We actually, I have the budget right now that I am going to notice for public hearing. MS. DOMINICI: Okay. If I can make a recommendation, when, the last time I came to a budget meeting, there was like for every cost that you have, there were like three or four lines that meant a lot to you guys but meant absolutely nothing to me as a taxpayer and for me to critique or even understand what is contained in those budget lines is really, doesn't give me insight to give you insight. SUPERVISOR RUSSELL: Okay. MS. DOMINICI: If there is any insight. Like the school district, if you look at their budget lines, their budget lines are very comprehensive. Almost to a fault. And I think it would behoove you to put that information out there, I realize it will use more paper. SUPERVISOR RUSSELL: We actually have those budgets in detail and certainly anyone that would like one is welcome to ask for a copy. They are about that thick and they are very detailed which is why we don't make them as part of the general distribution. MS. DOM1NICI: Okay. another recommendation would be in the instance like either today or any other time that you have to hand out paper, maybe if you have a visual up for people to have a discussion about, it would be taking the papers on an as need basis, if in fact you have a visual. That may help or maybe I am just being silly... SUPERVISOR RUSSELL: No, it is a good point. Well taken. MS. DOM1NICI: The other remaining topic that I would like to talk about, you have to let me know if it is open for discussion at this point is the cell tower renovation of the ..... SUPERVISOR RUSSELL: Right after we get these general resolutions out of the way, we are going to go to the public heating on both the cell tower and the convenience store. MS. DOM1NICI: Okay. Thanks for your time. COUNCILMAN KRUPSKI: And as far as the paper goes, Betty's office has done a great job and so has the Supervisor's office, in reducing the amount of paper. Everything is electronic now. not everything but almost everything, so instead of going home every two weeks with this big stack of paper, it is all electronic. So they have made great strides in reduction. MS. DOMINICI: And I am glad to hear that. And you know what? For some people, they have to have paper in their hands and for others of us, you know, if you had a screen up here and you were talking about specific line items, then that might help reduce it and if people really have to have a copy, maybe you can email it to them and let them print it out. Okay? COUNCILMAN KRUPSKI: Mmmhmm. October 20, 2009 Page 6 Southold Town Board Meeting Minutes Benja Schwartz, Cutchogue BENJA SCHWARTZ: Good evening, Benja Schwartz, Cutchogue. I just got this thing. It is so hot, I can't hold it but resolution 862, I did happen to read that, I couldn't understand it. I could read it to you but I don't know what it means. It says in connection with relocation of a proposed pipeline. COUNCILMAN KRUPSKI: Right now, Suffolk County Water Authority, when the town purchased what was called the McFeeley property on the west side, I am sonT, the east side of Laurel Lake there was an agreement made with the Suffolk County Water Authority which owns a considerable amount of land further to the east to run an easement through there because they their access point is underneath the railroad, alright? So but for whatever reason, I wasn't involved with that, I am not sure why it was done but the easement is kind of a, it must use an existing road because it is kind of an odd curve and it goes around instead of going straight in. Now, the Water Authority wanted to change their easement in order to make a straighter run in so that if they have to run a pipe through there, they don't have to extend it out and come around and make a big turn and all of that. So the town has been negotiating with them through the Land Preservation and Town Board to accomplish that change and it did not, we didn't just rubber stamp this, we took, it took quite a few months actually to go through this process and one of the problems was the way the easements were written originally. The town had, I think 30 days if the Water Authority wanted to get off their property, right now we use their property for trails and now we have got a much longer, I think a 30 year agreement with them. So we negotiated a much better agreement to use their property for passive trails. Got a considerable amount there. MR. SCHWARTZ: Okay, it is just the English of this. I don't know, it says something for use within the town trail system but I am satisfied with your explanation. It makes a lot more sense than this and I think I am happy with that one. If I could briefly touch on another subject right now, on the agenda there were items scheduled at 9:00, 9:30, 9:45 and then there was four other items before the water map in Orient. As you may remember, I got here at 10:30 this morning, I was busy with other business and at the end of the meeting you said you had handled the water map in Orient at 9:00. So are we going to hear tonight what happened at that .... SUPERVISOR RUSSELL: Yeah, we had about 20 people from Orient that were here specifically to have a discussion about the water main in Orient and out of deference to them, rather than make them sit around for 1 ½ hours, we moved it to the top of the list. Actually, it was the second item we discussed. The first was salt water fishing licenses. But it was out of deference to them, so they wouldn't have to sit there for an hour and a half listening to painful discussions about all sorts of things. MR. SCHWARTZ: Yeah and I agree with you doing that but now I would like, it is possible if you could fill us in on what was discussed? SUPERVISOR RUSSELL: Yes. On the Water Authority, yes, can I just, it is outside the boundary of the current agenda, would the Board allow me to just quickly clarify? Okay. Actually, we notified Suffolk County Water Authority that although Browns hills is part of the October 20, 2009 Page 7 Southold Town Board Meeting Minutes water map, the original water map that was declared by both sides, the county and the town, there is no reference in narrative or in map to transmission or distribution to Browns Hills. We, I called Steve Jones yesterday, told him it will be the position of the Town Board that they can't move forward on the water pipe without the town taking the legal process to amend the water map. That would require them formally requesting it of the town, that would require a public heating and that would require a change, an amendment to the local water map. Mr. Jones accepted that yesterday, said they would not pose any opposition to that. Further he said that given the lack of community support for the program, the state of New York is rethinking its distribution of stimulus money to that particular project and he said the project at this point is best described as being in limbo. MR. SCHWARTZ: Glad to hear that. Too bad we don't have the time to talk about those banks that are using the stimulus money to build more banks. We need, you know a bunch of them more. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Okay. Anybody else on the agenda items? (No response) Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, September 22, 2009 Vote Record - Acceptance of Minutes for September 22~ 2009 4:30 PM Yes/Aye No/Nay Abstain Absent William Ruland Voter [] [] [] [] [] Accepted Vincent Orlando Voter [] [] [] [] [] Accepted as Amended Albert Krupski Jr. Voter [] [] [] [] [] Tabled Thomas H. Wickham Seconder [] [] [] [] Louisa P. Evans Initiator [] [] [] [] Scoti Russell Voter [] [] [] [] RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, October 06, 2009 Vote Record - Acceptance of Minutes for October 6, 2009 7:30 PM , Yes/Aye No/Nay Abstain Absent William Ruland Voter [] [] [] [] [] Accepted Vincent Orlando Voter [] [] [] [] [] Accepted as Amended Albert Krapski Jr. Voter [] 13 [] 13 [] Tabled Thollla$ H. Wickham Seconder [] [] [] Louisa Pi Evans Initiator [] [] [] [] Scott Russell Voter [] [] [] [] V. Resolutions 2009-838 CATEGORY: DEPARTMENT: Set Meeting Town Clerk October 20, 2009 Page 8 Southold Town Board Meeting Minutes Set Next Meeting 11/4/09 7.'00 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Wednesday, November 4, 2009 at the Southold Town Hall, Southold, New York at 7:00 P. M.. Vote Record -Resolution RES-2009-838 ~ Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [~ [] [] [] [] Defeated Vincent Orlando Voter ~] [] [] [] [] Tabled Albert Krupski Jr. Voter li~ [] [] [] [] Withdrawn - [] Supervisor's Appt Tl~omas H. Wickham Seconder [] [] [] [] [] Tax R~ceivefs Appt Louisa P. Evans Initiator ~ [] [] [] [] Rescinded Scott Russell Voter {~ [] [] [] Comments regarding resolution 838 COUNCILMAN WICKHAM: 7:00 PM, not 7:30? JUSTICE EVANS: Don't we have a budget heating? Is that noticed? Do we have another resolution about that? COUNCILMAN WICKHAM: It is coming up. 2009-839 CA TEGOR Y: Audit DEPARTMENT: Town Clerk Audit Dated October 20, 2009 RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated October 20~ 2009. vote Record -ReSOlution RES-2009-839 [~ Adopted yes/Aye No/Nay Abstain Absent [] Adopted as Amended William RUland Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Kmpski Jr. Voter [] [] [] [3 [] Withdrawn Thomas H. Wickham Seconder [] [] [] [] [] Supervisor's Appt [] Tax Receivers Appt Louisa P. Evans Initiator ~ [] [] [] [] Rescinded Scott Russell Voter ~ [] [] [] 2009-816 Tabled 10/6/2009 7:30 PM CA TEGORY: Budget Modification DEPARTMENT: Public Works October 20, 2009 Page 9 Southold Town Board Meeting Minutes. McCabe's Beach Timber Guardrail Fiscal Impact: Funds transferred to a new project, impact none RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 budget as follows: From: A. 1620.2.500.700 In-Field Grooming Machine $3,000 To: A.1620.2.500.350 McCabe's Beach Guardrail $3,000 ~' Voi~ Record ~ Resol~§0n RE8-2009-816 [] Adopted yes/Aye No,NaY Abstain Absent [] Adopted as Amended William Ruland Initiator [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [ [] [] Tabled [] Withdrawn Albert Krapski Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] 13 13 Tax Receiver's Appt Louisa p. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter 1~ [3 [] [] 2009-840 CA TE GORY: Attend Seminar DEPARTMENT: Public Works LIPA Workshop RESOLVED that the Town Board of the Town of Southold hereby grants permission to Tim Abrams~ Department of Public Works - Electrician~ to attend a LIPA Workshop on October 27~ 200% at the Sheraton Long Island Center~ Smithtown. This is a free seminar. Vote Record- Re~olution RES-2009-840 [] Adopted yes/AYe N0~aY Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando initiator [] [] [] [] [] Tabled Albert Krupski Jr. Seconder [] [] [] [] [] Withdrawn Tt~omas H. Wickham Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-841 October 20, 2009 Page 10 Southold Town Board Meeting Minutes CA TEGOR Y: DEPARTMENT: Budget Modification Fishers Island Ferry District Budget Modification 2009 FIFID Fiscal Impact: Additional funding for freight cart repairs. Additional software changes for reservation and freight system. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 Fishers Island Ferry District budget, as follows: To: Expenditures: SM.5710.4.000.000 SM.5710.4.000.500 From: Expenditures: SM.5710.4.000.300 Ferry Operations, Other Computer Operations $10,000.00 $10,000.00 Total $20,000.00 Fuel Oil Vessels $20,000.00 Total $20,000.00 ,t' ¥~te Record ~ ReSoluaon RES-2009-841 I~ Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter v~ [] [] [] [] Defeated Vincent Orlando Sec0hder [] F1 [2 [] [] Tabled Albert ~p~ki J~. ~ i ~[P( [] [] ~ = ~ [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-842 CATEGORY: DEPARTMENT: Employment - FWD Accounting FIFD Employee Resignations WHEREAS the Board of Commissions of the Fishers Island Ferry District adopted a resolution at their October 6, 2009 meeting to accept the resignation of the following: Christian Killam Deckhand Nicholas Powell Laborer October 20, 2009 Page 11 Southold Town Board Meeting Minutes Thomas Schweitzer Matthew Willet Karla Heath Michael Conroy Deckhand Deckhand Clerk Recreation Aide All resignations are effective October 1, 2009, and WHEREAS the Town Board of the Town of Southold is required to approve appointments, resignations and salary adjustments of employees of the Fishers Island Ferry District, Now therefore be it RESOLVED that the Town Board of the Town of Southold hereby accepts the resignations of the above Fishers Island Ferry District personnel effective October 1, 2009. Vote Record-Resolution RES-2009-842 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] [] [] Withdrawn Thomas H W ckha~n Seconder [] [] [] [] [] Supervisor's Appt Louisa P. Evans Initiator [] [] [] [] [] Tax Receiver's Appt Scott Russell Voter [] [] [] [] 2009-843 CA TEGOR Y: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Southold Elementary School to Use Certain Roads for Its Halloween Parade in Southold, on Saturday, October 31, 2009 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Elementary School to use the following route for its Halloween Parade in Southold~ on Saturday, October 31~ 2009 {r/d November 1 ~, 12:00 Noon) at 11:00 A.M.: beginning at the Southold Firehouse, proceed west on Route 25 to Oaklawn Avenue to the elementary school, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year October 20, 2009 Page 12 Southold Town Board Meeting Minutes only, as the Southold Town Board continues to evaluate the use of town roads. I~ Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] : [] [] [] Defeated [] Iq lq lq Vincent Orlando Voter [] Tabled Albert Kmpski Jr. Seconder [] [] [] [] [] Withdrawn Thomas H. Wic~m Initiator [] [] [] [] [] Supervisor's Appt [] 13 Lou sa P Evans Voter [] Tax Receiver's Appt ~ ~ lq [] [] Rescinded Scott Russell Voter 2009-844 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Accept Grant from FEMA for FIFD Fiscal Impact: Grant is to cover security cameras, an Automatic Identification System and additional radio equipment. RESOLVED the Town Board of the Town of Southold hereby accepts $76,500.00 from the Department of Homeland Seeuritw/FEMA funding under the American Recovery and Reinvestment Act Port Security Grant Program (ARRA PSGP) for improvements for the Fishers Island Ferry District, all in accordance with the Town Attorney. Vote Record - Resolution RES-2009-844 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Initiator [] [] [] [] [] Defeated Seconder [] [] [] [] Vincent Orlando [] Tabled Aiber~ Krupsk Jr. Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt Scott Russell Voter [] [] [] [] 2009-845 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Accounting FIFD Hire Chernoff and Diamond Actuarial GASB 45 RESOLVED that the Town Board of the Town of Southold hereby agrees to hire Chemoff Diamond & Company LLC, of Garden City, New York to provide the required professional services of the Valuation, Reporting and Consulting services for the preparation of an actuarial October 20, 2009 Page 13 Southold Town Board Meeting Minutes valuation for the GASB (Government Accounting Standards Board) 45 plan. Fees for the above basic services are not to exceed $5,500 for the fiscal year ending December 31, 2008 and will be done in accordance with the approval of the Town Attorney. Vote Record ~ Resolution RES-2009-845 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Initiator [] [] [] [] [] Tabled Albert Krupski Jr, Seconder r~ [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] 13 [] [] Supervisor's Appt Louisa P. Evans Voter gl [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-846 CA TEGOR Y: DEPARTMENT: Retirement/Resignation Accounting Accept the Intent to Retire of Linda Kowalski RESOLVED that the Town Board of the Town of Southold hereby accepts the intent to retire of Linda Kowalski from the position of Exempt Secretary in the Town of Southold Board of Appeals, effective December 1, 2009. [] Adopted y~S(Ay~ No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Withdrawn ~ H ~ ~m Seconder [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter gq U1 U1 [] Tax Receiv~'s Appt Voter [] Rescinded Scott Russell gq VI 0 ~ 12. Comment regarding resolution 846 COUNCILMAN KRUPSKI: She will be certainly missed. 2009-847 CATEGORY: DEPARTMENT: Retirement/Resignation Accounting Accept the Intent to Retire of Barbara Rudder RESOLVED that the Town Board of the Town of Southold hereby accepts the intent to retire October 20, 2009 Southold Town Board Meeting Minutes Page 14 of Barbara Rudder from the position of an Administrative Assistant for the Accounting Department, effective December 1, 2009. [] Adopted Yes/Aye No/Nay ~bstain Absent [] Adopted as Amended William Rulaad Voter [] [] [3 [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Krupsk! Jr, Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Seconder [] [] [] 13 [] Supervisor's Appt Initiator 1~ [] 13 [] Tax Receiver's Appt Louisa P. Evans [] Rescinded Scott Russell Voter ~ [] [] [] 14. Comment regarding resolution 847 JUSTICE EVANS: She also will be missed. 2009-848 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to Oysterponds School to Hold Its Annual Halloween Parade in Orient, on Friday, October 30, 2009 at 2:00 PM Fiscal Impact: Total Police Department cost for this event = $110.88 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Oysterponds School to use the following route for its Annual Halloween Parade in Orient~ on Friday~ October 30~ 2009 at 2:00 PM~ beginning at the school~ marching to Village Lane to Orchard Street to Tabor Road and returning to the school, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ~ V0te ReCOgd a Resolution RES-2009-848 , [] Adopted ~es/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter 1~ [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Initiator [] [] [] [] [] Supervisor's Appt Louisa P, Evans Seconder [] [] [] [] [] Tax Receiver's Appt Voter [] Rescinded Scott Russell I~ Fl [] F1 October 20, 2009 Southold Town Board Meeting Minutes Page 15 2009-849 CATEGORY: DEPARTMENT: Property Usage Public Works Hamptons Collegiate Baseball RESOLVED that the Town Board of the Town of Southold hereby grants permission to Hamptons Collegiate Baseball to use the baseball field at Coehran Park for the 2010 baseball season, subject to scheduling by the Southold Recreation Department and the Applicant filing a One Million Dollar Certificate of Insurance, with the Town Clerk, naming the Town of Southold as additional insured., all in accordance with the approval of the Town Attomey. Vote Record - Resolution RES-2009-849 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland initiator [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled Albert Kmpski Jr. Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-850 CA TEGOR Y: Grants DEPARTMENT: Public Works Hamptons Collegiate Baseball RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to sign a Memorandum of Understanding with Hamptons Collegiate Baseball for the use the facilities at Coehran Park for the 2010 baseball season, subject to scheduling by the Southold Recreation Department and Hamptons Collegiate Baseball filing a One Million Dollar Certificate of Insurance, with the Town Clerk's Office, naming the Town of Southold as additional insured, all in accordance with the approval of the Town Attorney. Approval for this event is for 2010 only. October 20, 2009 Page 16 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Voter [] [3 [] [] [] Withdrawn Albert Kmpski Jr. 5~der ~ ~ [] F1 [] Sup~nvisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter ~ F1 U1 [3 [] Rescinded Scott Russell Voter ~ [3 [] [] Next: Nov 4, 2009 7:00 PM 2009-851 CATEGORY: DEPARTMENT: Budget Modification Town Clerk Budget Modification from Contingent to Copy Paper Fiscal Impact: The town is almost out of copy paper and there isn't any money left in the budget line. The cost of paper rose almost 20% within the past year. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 Whole Town General Fund budget as follows: From: A.1990.4.100.100 Contingent, C. E. Unallocated Contingencies $1,700.00 To: A.1670.4.100.100 Central Copy/Mail, C.E. Copy Machine Paper $1,700.00 ~ ~i* ~d ~ ~lutlon 11]gS~2009-851 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando ~ ~econder ~ v1 [3 [3 [] Tabled Albe~t IQupski Jr. Initiator [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-852 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Appoint Adam West to Deer Management Task Force October 20, 2009 Southold Town Board Meeting Minutes Page 17 RESOLVED that the Town Board of the Town of Southold hereby appoints Adam West to the Deer Management Task Force~ effective immediately through Decmnber 31, 2010. Vote Record - Resolution RES-2009-852 , , [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rul~md Voter [] [] [] [] [] Defeated Vincent Orlando Voter I~ [] [] [] [] Tabled Albert Kmpski Jr. Voter [] [] [] [] [] Withdrawn T~omas H. Wickham Seconder [~ [] [] [] [] Supervisor's Appt Louisa P. Evans Initiator [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter gl [] [] [] 2009-853 CATEGORY: DEPARTMENT: 2010 Yearly Town Bids Authorize to Bid Town Clerk RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the following items for 2010: Milk for the Human Resource Center Purchase of Police Department Uniform Clothing Cleaning of Police Department Uniform Clothing Gasoline for Town Vehicles Heating Fuel Oil for Town Buildings Diesel Fuel Oil for Highway Department and Transfer Station Bulk Ice Control Sand for the Highway Department Removal of Scrap Tires from the Transfer Station Town Brown Leaf Bags Town Yellow Garbage Bags Motor Oil and Grease Removal of Electronic Waste (E-Waste) ~ Vot~ Record -ResolUtion RES-2009-853 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended william Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled ~!b~ Kmp~l<! ~[: Voter [] [] [] [] [] Withdrawn Thomas H. Wickham lnitia~0r ~ [] ~ [] [] Supervisor's Appt Louisa P. Evans Seconder [] [] [] [] [] Tax Receiver's Appt [] Rescinded SCOtt Russell Voter [] [] [] [] 2009-854 CATEGORY: Employment - Town October 20, 2009 Southold Town Board Meeting Minutes Page 18 DEPARTMENT: Accounting Establish Position - Part-Time Electrical Inspector Building Funding for Position in 2010 Budget No Increases for 2010 and 4%for 2011 and 2012 Per Csea Agreement of. July 16, 2009 WHEREAS, the TOWN BOARD of the Town of Southold has determined that it is necessary to create the position of part-time electrical inspector, and WHEREAS, the Town has taken the necessary steps with civil service to create such position, and WHEREAS the CSEA has been provided with an opportunity to give suggestions and provide input on salary and has not done so; now therefore be it RESOLVED that the Town Board of the Town of Southold hereby creates the position of Part- Time Electrical Inspector to commence on or about January 1~ 2010, to end December 31~ 2010, based on an evaluation by the Town Board of the revenue generation and services provided at the time, and establishes a rate of pay as follows: 2009 - $25.66 per hour 2010 - $25.66 per hour 2011 - $26.69 per hour 2012 - $27.76 per hour Vote Record - Resolution RES-2009-854 ~ Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Initiator [] [] [] [] 22. Comments regarding resolution 854 SUPERVISOR RUSSELL: I just want to quickly clarify because we are hiring someone in a very bad fiscal climate, this position, typically there are two big companies that do electrical underwriting inspections. One of them is going out of business. There is a fee attached to these inspections. Southold Town hopes by hiring the part-timer to do it in house, we will be able to generate the revenue, each year we estimate at $50,000 to $60,000 for these inspections and make the process a little easier for local applicants who have a hard time getting these companies to inspect electrical work. We estimate the annual cost of the part-timer to be $25,000 so we are estimating our net to be $25,000 to $30,000 revenue for the year. We will evaluate it at the end of 2010 to insure that those goals have been met, if not, we are going to revisit the issue of October 20, 2009 Southold Town Board Meeting Minutes Page 19 continuing with the part-timer. 2009-855 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Cutchogue Fire Department to Use a Certain Route for Its Annual Halloween Children's Parade in Cutchogue, on Saturday, October 31, 2009 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Cutchogue Fire Department to use the following route for its Annual Halloween Children's Parade in Cutehogue, on Saturdav~ October 31~ 2009 beginning at 5:30 PM: begin at Cutchogue West School on Depot Lane north to the Main Road, west on Main Road to New Suffolk Road, south on New Suffolk Road to the Cutchogue Firehouse, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. Vote Record- Resolution RES-2009-855 gl Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter gl [] [] [] [] Defeated Vincent Orlando Initiator gl [] [] [] [] Tabled Albert Krupski Jr. Seconder gl [] [] [] [] Withdrawn Thomas H. Wickham Vote~ gl [] [] [] [] Supervisor's Appt Voter [] Tax Receiver's Appt Louisa P. Evans g~ [] [] ' [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-856 CATEGORY: DEPARTMENT: Misc. Public Hearing Town Clerk Set PH for 2010 Budget RESOLVED that the Town Board of the Town of Southold does hereby prepare and approve the 2010 Preliminary Budget and 2010 Preliminary Capital Budget of the Town of Southold for the fiscal year beginning on the 1st day of January, 2010, the itemized statement of estimated revenues and expenditures hereby attached and made a part of this resolution; and be it FURTHER RESOLVED that this Town board shall meet at 4:00 PM~ Wednesda¥~ on the 4th of November, 2009~ at the Southold Town Hall for the purpose of holding a public hearing on October 20, 2009 Page 20 Southold Town Board Meeting Minutes the Preliminary Budget, and after all persons attending said hearing shall have had an opportunity to be heard in favor or against the Preliminary Budget as compiled, or for or against any item and items therein contained, that said hearing be then recessed and thereafter convened at 7:00 PM on said day for the same purpose; and be it FURTHER RESOLVED that the Preliminary Budget will be available for viewing on the Southold Town official website: southoldtown.northfork.net, and be it FURTHER RESOLVED that the Town Clerk shall give notice of such hearings in the manner provided for in Section 108 of the Town Law and that such notice be published in substantially the following form: LEGAL NOTICE NOTICE OF PUBLIC HEARING ON THE 2010 PRELIMINARY BUDGET AND 2010 PRELIMINARY CAPITAL BUDGET NOTICE IS HEREBY GIVEN that the Preliminary Budget and Preliminary Capital Budget of the Town of Southold, Suffolk County, New York for the fiscal year beginning on January 1, 2010 has been prepared and approved by the Southold Town Board and filed in the Office of the Town Clerk at the Southold Town Hall, 53095 Main Road, Southold, New York, where they are available for inspection and where copies may be obtained by any interested person during business hours. FURTHER NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Southold will meet and review said Preliminary Budget and Preliminary Capital Budget and hold a public hearing thereon at the Southold Town Hall, 53095 Main Road, Southold, New York, in said Town at 4:00 p.m. and at 7:00 p.m., on Wednesday, November 4, 2009, and at such heating any persons may be heard in favor of or against the 2010 Preliminary Budget and 2010 Preliminary Capital Budget as compiled, or for or against any item or items therein contained. FURTHER NOTICE IS HEREBY GIVEN that pursuant to Section 108 of the Town Law, the following are proposed yearly salaries of members of the Town Board, the Town Clerk and the Superintendent of Highways: October 20, 2009 Page 21 Southold Town Board Meeting Minutes SCHEDULE OF SALARIES OF ELECTED OFFICIALS (Article 8 of Town Law) Officer Supervisor Members of the Town Board (4) ~ Town Justice and Member of the Town Board, Fishers Island Town Justices (2) ~ Town Clerk Superintendent of Highways Tax Receiver Assessors (3) ~ Trustees (5) ~ Salary $ 86,992.00 30,067.00 47,162.00 64,118.00 90,275.00 95,857.00 34,674.00 66,214.00 15,484.00 SUMMARY OF TOWN BUDGET 2010 PRELIMINARY Appropriations Less: Less: and Estimated Unexpended Provisions for Revenues Balance Other Uses Amount to be Raised by Tax Code Fund A General $25,359,954 $3,680,552 100,000 21,579,402 B General-Outside Villa~le 2,089,444 1,060,230 119,000 910,214 DB Highway Fund 4,712,144 346,369 265,000 4,100,775 CD Community Development 130,000 130,000 0 CS Risk Retention Fund 554,500 554,500 0 H3 Community Preserv. Fund 7,117,000 2,117,000 5,000,000 0 MS Employees Health Plan 3,997,560 3,997,560 0 Total- $43,960,602 $11,886,211 $5,484,000 26,590,391 Town DB1 Orient Road Improvement Dist $3,750 3,750 SF East-West Fire Protection Dist $659,965 $500 $6,900 652,565 SM Fishers Island Ferry District 2,853,000 2,203,000 650,000 SR Solid Waste Management Dist 4,287,544 2,103,300 2,184,244 SS1 Southold Wastewater District 237,375 8,000 225,000 4,375 SS2 Fishers Island Sewer District 37,200 30,100 7,100 0 F.I. Waste Management 556,950 25,000 150,000 381,950 District Orient Mosquito District 80,000 80,000 Subtotal- $8,715,784 $4,369,900 $389,000 3,956,884 Special Districts Orient-East Marion Park I I I I $0 October 20, 2009 Page 22 Southold Town Board Meeting Minutes District Southold Park District 315,000 315,000 Cutch-New Suffolk Park Dist. 142,083 12,083 130,000 Mattituck Park District 664,202 29,250 175,000 459,952 Subtotal-Park Districts $1,121,285 $29,250 $187,083 $904,952 FI Fire District $0 Orient Fire District 0 East Marion Fire 0 Dist Southold Fire Dist 0 Cutchogue Fire 0 Dist Mattituck Fire Dist 0 Subtotal-Fire Districts $0 $0 $0 $0 Total-All Districts I Grand Totals This Page $9,837,069 I $4,399,150 [ $576,083 $4,861,836 $53,797,671 1516,285,361 156,060,083 $31,452,227 Vote Record- Resolution RES-2009-856 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [3 [] Tabled Albert Kmpski Jr. Initiator [] [] [] [] [] Withdrawn Thomas H, Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P. EvansVoter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 25. Comments regarding resolution 856 COUNCILMAN RULAND: I will have to say before I cast my ballot, this has been one of the, if not one of the most difficult part of anything connected with this job. I have never looked at as much paper, line items, figures, paper clips, everything that we have looked at as a Board collectively and having a tremendous time trying to figure out in the end is this going to be what's in the best interest of the people of the Town of Southold? At this point, I would say that that answer is yes and I cast my vote as aye and am also saying that between now and the adoption of the final budget that there are items that we may or may not look at and there are it~ns in some people's minds are still outstanding. COUNCILMAN ORLANDO: I have to give the Supervisor kudos for his work on this budget. There was no meat on the bone, as a matter of fact, he took bone off the bone before we even got it and we shaved off maybe a little more bone but there was nothing there. So I have to give him credit, he did the hard work and left nothing on there except a few paper clips and maybe enough asphalt to do one road and a couple of pot holes. That is about it. Aye. COUNCILMAN KRUPSKI: I have to echo that, the comments of my colleagues, based on their hard work and the Supervisor's hard work. This is a budget that we have been actually working on since last year and this didn't just come up in the last month and it took a lot of hard decision making and it is, did we do the best we could? I think we did. I agree with Councilman Ruland. October 20, 2009 Page 23 Southold Town Board Meeting Minutes JUSTICE EVANS: I also agree with them and vote aye. COUNCILMAN WICKHAM: I do not support this resolution and I would like to explain why. But I would like to begin by saying, I think it is actually overall quite a good budget and I also support moving this resolution towards a public heating on November 4th, so the public can have its input on it. There is one particular provision that I object to and I wish, I have asked the Board to reconsider that one little item. The rest of it I am really quite pleased with. And that one item has to do how do we finance asphalting roads in this town? In my experience on the Board we have always put it in the operating budget. We haven't bonded for that, we have not bonded and paid interest on a bond to do maintenance asphalting on roads in this town. We have always done it on a pay as you go basis. We have some $600,000 in this budget for asphalting, maybe some of it could be justified as a project, particularly one big project on Fishers Island but the routine maintenance asphalting of roads done in this town has always been done on an operating basis and I have asked the Board to place it in the operating budget and not to bond for it. Bonding excessively seems to me to call into question our very good credit rating and it just doesn't seem to be necessary. However, putting it in the operating budget would increase the tax rate a little bit for next year which none of us on the Board really want to see done. So I am asking the Board and I am also asking the public to reflect on this so that they can give us their views during the public heating to be held on November 4th. At this stage, for that reason I don't support this particular budget. So I am voting no against the budget. SUPERVISOR RUSSELL: I am going to vote for it and I am going to suggest that the bonding issue, I am glad the Councilman has come to see it my way. He was the one, as part of a Town Board that created a bond for asphalt a few years ago when I first became Supervisor, some $400,000. I didn't agree with it then. Let me point out the distinction here, we have just applied for a grant through this TIGRA program, it is stimulus money. Stimulus money at its root, cannot be used to supplement or replace allocated money at the existing current budget, it has to be new money. That is the premise of the stimulus funds. New money. The State of New York very skillfully removed their asphalt from the budget last year, just so they can qualify for stimulus money to replace their asphalt and then the projects went forward. The premise of this bond is to not execute this bond unless we get the grant. We will not carry, this is debt service, it is removed from the current appropriations, we have applied for the grant. When we learn as to how much we can win, we would then exercise the bond then and then retire that debt with the payment through that stimulus grant money. If the stimulus grant money does not come to pass, this bond does not have to come to pass. COUNCILMAN RULAND: I think it is notable, Scott, that it is also short term financing. One year. It is not lengthy. SUPERVISOR RUSSELL: I didn't establish the rules to the stimulus money game but I am going to try to play them and win some of the stimulus money. As of yet, we have got very little. COUNCILMAN WICKHAM: But if this grant comes, we have to expend the money, October 20, 2009 Page 24 Southold Town Board Meeting Minutes appropriate it and use it and then spend it and then get reimbursed. That is how it works. SUPERVISOR RUSSELL: That is right. 2009-857 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Accounting Amend Resolution 2009-661 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2009-661 dated July 28~ 2009 (which amended Resolution No. 2009-520 dated June 12~ 2009) to read as follows: WHEREAS due to financial and budgetary reasons, the Town Board has determined that in addition to other measures, it is necessary to reduce the number of employees in the Town; and WHEREAS as a result of this determination, several positions will have to be abolished; and WHEREAS the Town Board has entered into an Agreement with the CSEA dated July 16, 2009 with respect to certain positions previously abolished by Resolution 2009-520; and WHEREAS the Town Board is actively engaged in contract negotiations with Southold Town PBA~ NOW, THEREFORE, BE IT RESOLVED that the Town Board of Town of Southold hereby abolishes the following vacant positions effective June 12, 2009: Title Account Clerk Building Inspector (3 positions) Custodial Worker I (4 positions) Clerk Typist Driver-Messenger Groundskeeper II Mini-bus Driver Department Building Building Buildings & Grounds Assessors Buildings & Grounds Buildings & Grounds Programs for the Aging October 20, 2009 Page 25 Southold Town Board Meeting Minutes Planner Planning Police Officer (14 positions) Police Sergeant (2 positions) Police Scale Operator Solid Waste and be it further RESOLVED that the Town Board of Town of Southold hereby abolishes the following non- vacant positions effective November 1, 2009: Title Planner and be it further Department Planning (provisional incumbent released 6/16/09) RESOLVED that the Town Board of the Town of Southold hereby abolishes the following non-vacant positions effective January 31~ 2010: Title Police Officer (3 positions) Department Police and be it further RESOLVED that the above be forwarded to Suffolk County Department of Civil Service for administrative purposes. ~t.,~:~ ~a a^,~:~.,:~ ~c.,,k;~*, ~-t ......... :n ~.~ : .... *~.~ k., r Vote Record ~ Resolution RES-2009-8S7 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended [] [] [] [] William Ruland Voter [] Defeated Vincent Orlando Voter ~ [] [] D [] Tabled Albert Krupski Jr. Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Seconder [] [] [] [] [] Supervisor's Appt Louisa P. Evans Initiator [] [] [] D [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] D [] 27. Comments regarding resolution 857 SUPERVISOR RUSSELL: Can I just clarify?. That is a lot of words to simply achieve one goal, October 20, 2009 Page 26 Southold Town Board Meeting Minutes to simply delay the laying off of three police officers subject to the ongoing negotiations with the PBA~ ~i~h their union representatives. 2009-858 CATEGOR~ DEPARTMENT: Budget Modification Solid Waste Management District SWMD Budget Modifications Fiscal Impact: Repairs to Grinder due to damage from metal debris; repairs and preventive maintenance last summer from water damage to scales (late billing). RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 Solid Waste Management District budget as follows: .From: Diesel Fuel (SR $160.4.100.200) $ 7,500 To~: Maint/Supplies CBI Grinder (SR 8160.4.100.596) Scale Maintenance (SR 8160.4.400.600) $ 4,000 $ 3,500 '~' Vote Record - Resolution RES-2009~858 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [3 Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Krupski Jr. Voter V~ [] [] [] [] Withdrawn Thomas H. Wickham Initiator [] [] [] [] [] Supervisor's Appt Seconder [] [] [] [] Louisa P. Evans [] Tax Receivers Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-859 CATEGORY: DEPARTMENT: Landfill Misc. Solid Waste Management District Amend Resolution 2009- 759 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2009-759 as follows: RESOLVED that the Town Board of the Town of Southold hereby sets fees for the Solid Waste Management District effective with the issuance of the 2010-11 permits as follows: Permit Fees $ .....120.00 first permit (two years) October 20, 2009 Page 27 Southold Town Board Meeting Minutes (with charging privileges) Permit Fees (without charging privileges) Resident Single Entry Fee Guest/Lessee Permits Non-resident Permits Tip Fees on Trash and Rubbish (non-Town-bag) $15.00 30.00 each additional (two years) $30.00 first permit (two years) $15.00 each additional (two years) $5.00 $25.00 annually $50.00 annually $130/ton 2010-11 permits will be made available on November 16, 2009. Vote Rgcord - Resolution RES-2009-859 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Initiator [] [] [] [] [] Defeated Vincent OrlandoVoter [] [] [] [] [] Tabled Albert Krupski Jr.Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Seconder [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 30. Comments regarding resolution 859 COUNCILMAN RULAND: I am assuming that the first bullet under permit fees are commercial fees? Is that correct? SUPERVISOR RUSSELL: Yes. COUNCILMAN RULAND: Probably should have said that. But, so moved. COUNCILMAN KRUPSKI: Maybe you can explain what we did there? SUPERVISOR RUSSELL: Basically with the landfill, we are now going to a two year permit for landfill permits. It is both going to be able to infuse some short term cash at least into the budget for 2010 and more importantly, cut down on the need for people to come to Town Hall, every Christmas, to come and get their renewal for their landfill permit each year. Now you can do it every other year, it should be more convenient for you and easier for us to administer. 2009-860 CATEGORY: DEPARTMENT: Planning Town Attorney Authorizes and Directs the Town Clerk to Forward the Draft Environmental Impact Statement for October 20, 2009 Page 28 Southold Town Board Meeting Minutes Northwind Village Proposed Annexation and Development to the Southold Town Planning Board RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the Draft Environmental Impact Statement for Northwind Village proposed Annexation and Development to the Southold Town Planning Board for comments and recommendations. [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] I-I [] [] Defeated Vincent oriando ~i~i~t~ [] El El [] Withdrawn Thomas H W ckham g Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Louisa P. Evans Seconder [] [] [] [~ [] Rescinded Scott Russell Voter [] [] [] [] 2009-861 CATEGORY: DEPARTMENT: Advertise Town Clerk Advertise for Vacancy in ZBA Office RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the vacancy in the Zoning Board of Appeals Office created by the retirement of Linda Kowalski. Vote Record - Resolution RES-2009-861 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] Fl [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled Albert Krupski Jr, In t ator [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] F1 Supervisor's Appt [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] FI [] Rescinded Scott Russell Voter [] [] [] [] 2009-862 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute License Agreements Between the Town of Southold and the Suffolk County Water Authority October 20, 2009 Page 29 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute License Agreements between the Town of Southold and the Suffolk County Water Authori .ty in connection with the relocation of the proposed subsurface pipelines within the Laurel Lake Preserve and access across the Suffolk County Water Authority property adjacent to the Laurel Lake Preserve for use within the Town's trail system, subject to the approval of the Town Attorney. [] Adopted yes/Aye No/Nay Abstain Absent [23 Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled [] Withdrawn [] Supervisor's Appt Thomas H. W~ckham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-8631 CA TEGOR Y: Grants DEPARTMENT: Town Clerk Accepts LGRM1F Grant Award RESOLVED that the Town Board of the Town of Southold hereby accepts the LGRMIF Local Government Records Management Improvement Fund grant award from the New York State Education Department~ New York State Archives in the amount of $88~053.00 for Active Records for the purchase of Municity software, customization, support, installation, and training. [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland V0tec [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled ~!b~ ~p~k! ~[~ ~o~er ~ [3 [3 [3 [] Withdrawn [] Supervisors Appt Thomas H. Wickham Initiator [] [] [] [] Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-863 CATEGOR~ DEPARTMENT: Bid Acceptance Town Clerk October 20, 2009 Page 30 Southold Town Board Meeting Minutes Accept General Code Proposal on Municity RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of General Code Publishers Corporation for the MuniciW Software installation, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2009-863 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled [] [] [] ~ Albert IQupski Jr. Voter ~ [] [] Withdrawn [] Supervisor's Appt Thomas H. Wickham Initiator [] [] [] [] [] Tax Receivegs Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-864 CATEGORY: DEPARTMENT: Planning Town Attorney Town of Southold Comprehensive Plan WHEREAS, the Town Board of the Town of Southold, pursuant to §272-a of the New York State Town Law, is charged with the responsibility of preparing and adopting a Town of Southold Comprehensive Plan; and WHEREAS, the Town's existing Comprehensive Plan consists of multiple and voluminous planning documents and studies that date from 1982 to 2008; and WHEREAS, while most of the visions, goals and policies of the existing Comprehensive Plan are still applicable, the Town Board acknowledges the need for a single and concise comprehensive planning document that can be referred to by the community for guidance on Town policies when considering potential uses and impacts from the reuse of property and the development of vacant parcels in the Town; and WHEREAS, Town Law §272-a provides in pertinent part that the Town Board itself, or the Planning Board by resolution of the Town Board, may prepare a proposed Town October 20, 2009 Page 31 Southold Town Board Meeting Minutes Comprehensive Plan and amendments thereto. In the event the Planning Board is directed to prepare a proposed Comprehensive Plan or amendment thereto, such Board shall, by resolution, recommend such proposed plan or amendment to the Town Board; NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold directs the Planning Board of the Town of Southold to prepare a new Comprehensive Plan following analysis and review of existing Comprehensive Plan documents and receipt of input and commentary, from the public and to submit the same to the Town Board for review and adoption. Vote R~eord - Resolution RES-2009-864 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended Initiator [] [] [] [] William Ruland [] Defeated Vincent Orlando Seconder [] [] · [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt Voter [] Tax Receiver's Appt Louisa P. Evans [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-865 CA TEGOR ¥: DEPARTMENT: Seqra Town Attorney LL/Wireless Code Amendments SEQRA RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "._.~A Local Law in Relation to Amendments to Wireless Communications Facilities" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated October 19, 2009, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. October 20, 2009 Page 32 Southold Town Board Meeting Minutes Vote R~ord -Re~olufiOn R~S-2009-865 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated [] Tabled Vincent Orlando Initiator [] [] [3 [] [] Withdrawn Albert Krupski Jr. Seconder [] [] [] [] Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Rece/ver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-866 C~,I TE GORY: Seqra DEPARTMENT: Town Attorney LL/Convenience Stores SEQRA RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in relation to Amendments to the Zoning Code~ Article X entitled Hamlet Business (HB) District and Article XI entitled General Business (B) District" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated October 19, 2009, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. [] Adopted as Amended William Ruland Seconder [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled [] Withdrawn A!be~t IQup~k! Jr~ ini~!~t~? ~ 13 13 13 [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receivers Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-867 CATEGOR~ DEPARTMENT: Enact Local Law Town Clerk Enact LL Wireless Facilities October 20, 2009 Page 33 Southold Town Board Meeting Minutes WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 22nd day of September, 2009 a Local Law entitled "A Local Law in Relation to Amendments to Wireless Communications Facilities" and WHEREAS that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law on the 20th day of October, 2009 at 4:35 p.m. at which time all interested persons were given the opportunity to be heard, NOW THEREFOR BE IT RESOLVED that the Town Board of the Town of Southold hereby accepts the three (3) recommendations of the Southold Town Planning Board found on pages 2 and 3 of the Planning Board memo of October 17, 2009, regarding this proposed Local Law and hereby ENACTS the proposed law incorporatin~ said changes entitled~ "A Local Law in relation to Amendments to Wireless Communications Facilities" reads as follows: LOCAL LAW NO. 13 of 2009 A Local Law entitled, A Local Law m relation to Amendments to Wireless Communications Facilities". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. STRUCTURE - An assembly of materials, forming a construction framed of component structural parts for occupancy or use, including buildings antenna support structures, and small wind energy systems. WIRELESS COMMUNICATION FACILITY - Antenna or antenna support structure and base equipment, either individually or together, including permanent or temporary moveable facilities (i.e. wireless facilities mounted on vehicles, boats or other mobile structures) used for the orovision of any i eless se i ^ ....... ,.rr.~ v.~;u+., r-. ,~.~ · ..... :~: .... ,~ .......+;^. ^r w r rv ce ..... a ................j ................................. ~. October 20, 2009 Page 34 Southold Town Board Meeting Minutes §280-67. Purpose. A. It is the express purpose of this article to minimize the visual and environmental impacts of wireless communication facilities while protecting the health, safety and welfare of Southold's citizens and allowing wireless service providers to meet their technological and service objectives. In addition, the regulation of wireless facilities, including the type of structure, is intended to protect the scenic and aesthetic qualities of the Town of Southold. This article allows wireless communication facilities, to be reviewed and approved in keeping with the Town's existing zoning and historic development patterns, including the size and spacing of structures. The goals of the following sections are to accomplish the following: (1) Site wireless facilities in these preferred locations: i. Within or on existing buildings and structures where the antennas are invisible (or nearly so) from public and residential vantage points; ii. Industrial areas; (2) Take into account the aesthetic aspects of the Town, including open vistas, scenic byways and historic districts, when designing and siting wireless communication facilities. §280-68. Scope. The regulations of this article shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all wireless communication facilities. The regnlations of this article relate to the location and design of these facilities and shall be in addition to the provisions of the Southold Building and Zoning Codes and any other federal, state or local laws or Federal Communication Commission (FCC), Federal Aviation Administration (FAA) or other regulations pertaining to such facilities. Nothing herein shall be construed to, apply to, prohibit, regulate or otherwise affect the erection, maintenance or utilization of antennas or support structures by those licensed by the Federal Communications Commission pursuant to Title 47 of the Code of Federal Regulations, Part 97, to operate amateur radio stations, or satellite antennas that are used for individual business or residential voice, data, or video communications. §280-69. Definitions. As used in this article, the following terms shall have the meanings set forth below: ANTENNA -- Any transmitting or receiving device, including whip (omni directional antenna), panel (directional antenna), disc (parabolic antenna) or similar device, mounted in or on a tower, monopole, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signal, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals. ANTENNA SUPPORT STRUCTURE -- Any structure that is designed and constructed October 20, 2009 Page 35 Southold Town Board Meeting Minutes primarily for the purpose of supporting one or more antennas for wireless telephone, television, radio and similar communication purposes, including gz!f gu~?z~:~ng !aX~cz tcwzrs, guyed t~,wgrg an~ monopoles. Lattice and guyed towers are not permitted antenna support structures. The term includes radio and television transmission towers, microwave towers, common-cartier towers, cellular telephone towers, camouflaged tower structures, and the like. The term includes the structure and any support thereto. The term does not include wireless facilities located in or on existing buildings or structures that previously existed or are being constructed for a primary purpose other than a wireless facility e.g. water tower, electric utility pole, or church steeple. BASE STATION EQUIPMENT -- Equipment integral to the operation of an antenna system. Base station equipment typically includes, but is not limited to, communications equipment cabinet/shelter, backup power supplies, generators, electric and telecommunications backboards, wiring, grounding loops, equipment enclosures, security fencing and lighting. CO-LOCATION -- The use of a single mount on the ground by more than one provider (vertical co-location) and/or several mounts on an existing tower, building or structure by more than one carder for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. EQUIPMENT SHELTER -- An enclosed structure associated with the mount within which is housed the base station equipment for a wireless communications facility. FALL ZONE -- The area on the ground within a prescribed radius from the base of a wireless communications facility. The fall zone is the area within which there might be a potential hazard from falling debris or collapsing material, including the antenna support structure. GUYED ANTENNA SUPPORT STRUCTURE -- An antenna support structure that is supported, in whole or in part, by guy wires and ground anchors. HEIGHT -- When referring to a tower or other antenna support structure, the height is the distance from the top of the structure at its highest point, including antennas, lightening protection devices or any other apparatus attached to the top of the antenna support structure, to the base of the structure, measured in feet above ground level (AGL). Absolute height is the distance from the top of the structure, including all attachments, to the height of Mean Sea Level (MSL). LATTICE ANTENNA SUPPORT STRUCTURE -- An antenna support structure that has open-framed supports on three or four sides and is constructed without guy wires and ground anchors. MODIFICATION -- The addition, removal, or change of any of the physical and visually discernable components or aspects of a wireless facility, such as antennas, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernable components, vehicular access, parking and/or an upgrade or replacement of the equipment. Adding a new wireless carrier or service provider (co-location) to a wireless October 20, 2009 Page 36 Southold Town Board Meeting Minutes communications tower or site is a modification. Modifications also include: extending the height of the antenna support structure above its current height, changing the footprint of the structure, expansion of the base station equipment or compound area, addition of antennas to an existing carrier's antenna array, re-orientation or relocation of existing antennas, changes affecting the operating frequencies, effective radiated power or number of operating channels. A modification shall not ~nclu e ordinary mmntenance, as defined h ereln ......................... MONOPOLE -- A freestanding antenna support structure consisting of a single pole, without guy wires or ground anchors. MOUNT -- The structure or surface upon which antennas are mounted and/or the location of the antenna, e.g.: A. ROOF-MOUNTED - Mounted on the roofofa building. B. SIDE-MOUNTED - Mounted on the side of a building. C. STRUCTURE-MOUNTED - Mounted on a structure other than a building. D. FLUSH-MOUNTED - Mounted very close on a building or structure so that the profile of the antenna(s) is not readily apparent. E. INTERIOR-MOUNTED - Mounted within a building or other structure so that the antennas are not visible from the outside. F. GROUND-MOUNTED - Mounted on the ground. ORDINARY MAINTENANCE -- Work done to an existing wireless telecommunications facility and antenna support structure for the purpose of maintaining them in good Operating condition. Ordinary maintenance includes inspections and testing to maintain functionality, October 20, 2009 Southold Town Board Meeting Minutes Page 37 aesthetic and structural integrity, and involves the normal repair of a wireless facility including the like-for-like replacement of damaged or defective components without otherwise adding, removing, or substantially changing anything and therefore does not include modifications. RADIO FREQUENCY (RF) PROFESSIONAL -- A person who specializes in the study of radio frequency engineering and has expertise in radio communication facilities. RADIO FREQUENCY OIF) EMISSIONS or RADIATION -- The electromagnetic field of radiation emitted by wireless antennas. RADIO FREQUENCY (RF) SIGNAL -- The actual beam or radio waves sent and received by a wireless facility. A signal is the deliberate product of a wireless antenna. The RF radiation is the by-product. WIRELESS CARRIER -- A company that provides wireless telecommunications services. WIRELESS COMMUNICATIONS FACILITY -- Antenna or antenna support structure and base equipment, either individually or together, including permanent or temporary moveable facilities (i.e. wireless facilities mounted on vehicles, boats or other mobile structures) used for the provision of any wireless service. WIRELESS SERVICES -- Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange services, including, but not limited to, voice, data, images or other information, cellular telephone service, personal communications service (PCS), Enhanced Specialized Mobile Radio (ESMR) Service, and paging service. §280-70. General requirements for all wireless communication facilities. No wireless communication facility shall be used, erected or altered in the Town of Southold except in accordance with the provisions of this article and any other applicable sections of the Town Code. All wireless communication facilities, and modifications to such facilities (as defined in §280-69) shall require a building permit, site plan approval, and special exception approval unless listed as exempt in §280-71 "Required Approvals" except in cases of ordinary maintenance, as defined in §280-69 No new antenna support structures may be constructed without a carrier licensed by the FCC as a provider. An FCC-licensed provider of wireless communications services must be the applicant or the co-applicant for any proposed new wireless communication facility, co-location or modification. Guyed or lattice antenna support structures are prohibited. Antenna support structures shall not be located in the following areas without a permit from all jurisdictional agencies: (1) Wetlands, tidal and freshwater; (2) Land above high groundwater (within ten feet of the surface). October 20, 2009 Page 38 Southold Town Board Meeting Minutes (4)(3_) Lands purchased with Community Preservation Funds; (-5) (4)Coastal Erosion Hazard Areas; (6)(~) Designated parkland. t~._F. Fall Zones. An antenna support structure must include an area surrounding it that is free of other structures and areas where people congregate, except the base equipment, with a radius equal to a distance of two times the height of the structure. A smaller fall zone may be allowed if supported by a report submitted by a qualified structural engineer. The structural engineer's report shall be submitted to and reviewed by the Planning Board and corroborated by an independent consultant hired by the Town that demonstrates that a smaller fall zone is appropriate and safe. The fall zone of an antenna support structure must not include areas where people congregate, and must be clear of all structures except the base station equipment. E.G. Federal Aviation Regulations. All to~a~s wireless facilities shall comply with applicable airport and/or air space hazard and/or obstruction regulations. Any facility that would be classified as an obstruction or hazard under current federal aviation regulations or would otherwise interfere with the operation of radio navigation aids, communications and/or airport operations is prohibited. t~.H. Antenna support structures in the zoning districts: LI, LIO, MI, Mil, B, and HB, are subject to the following restrictions: (1) Minimumlotsize: i. L!,LI©,E&HE in accordance with the bulk schedule for each zone - x~,~.~, 200000sq (2) Maximum Height: 80 feet (3) Minimum distance of all wireless equipment to adiacent residential property lines or streets shall be no less than 500 feet. G.i. Antenna support structures permitted in AC, R-40, R-80, R-120, R-200, R-400, LB, RO, RR, HD, or AHD zoning districts, are subject to the following conditions (in addition to any other applicable conditions): (1) Minimum area surrounding the proposed location: 200,000 sq. ft. of contiguous vacant land restricted from future residential development by deed for the duration of the property's use for the wireless facility; and (2)Maximum height: 45'; and (3) The structure is a monopole with interior-mounted antennas, or a suitable unobtrusive camouflage structure; and (4) Structure is screened from view from surrounding properties by dense vegetation and trees, either planted or existing, and meeting the site design appearance criteria for residential zones in Section 280-76; and (5) Noise from base equipment, including any backup generator, measures less than 45dB at an outside location 10 feet from the equipment shelter; and (6) Minimum distance of all wireless equipment to adjacent residential property lines or street shall be no less than 500 feet. t4.J. Radio emissions must fall within the Maximum Permissible Exposure (MPE) limits established by the FCC. October 20, 2009 Page 39 Southold Town Board Meeting Minutes (1) A power density analysis of the radio emissions for the proposed wireless communication facility must be provided by the applicant. The power density analysis shall be prepared and signed by a qualified professional specializing in radio communication facilities. (2) The results from the analysis must clearly show that the power density levels of the electromagnetic energy generated from the proposed facility at the nearest point(s) of public access and the point(s) of greatest power density (if other than the nearest point of public access) are within the Maximum Permissible Exposure (MPE) limits established by the FCC which are in effect at the time of the application. (3) The power density analysis must be based on the most recent edition of FCC Office Engineering and Technology Bulletin No. 65, must cite the specific formulas and assumptions used and must show all calculations and must include simple sketches showing the spatial relationships between the facility and the points of interest. If the wireless communication facility would be co-located with an existing facility, or is designed for future expansion or co-location, the cumulative effects of all emitters now on, or likely to be on, the facility in the future must also be analyzed. (4) The power density analysis shall be based on the assumption that all antennas mounted on the proposed facility are simultaneously transmitting radio energy on all channels at a power level equal to the maximum transmitter power rating specified by the manufacturer. (5) The conclusions of the power density analysis must be corroborated by an independent radio frequency engineer retained by the Town to provide such determinations. At the request of the Bmld~ng Inspector,, ........................... .~u ..... y ~ .... .... ~ .... ~,.o, .... r ....... owners of wireless facilities sha rovide a structural inspection report prepared by a structural engineer which verifies the structural integrity of the wireless facility and any associated antenna support structures. No antenna support structure shall be constructed at, or remain at, a height that is taller than that required by installed and operational antennas. Site design standards. (1) All wireless facilities, including co-locations, shall be the least visually obtrusive design possible that also permits the applicant to achieve its service needs. To that end, the following design standards shall apply to all wireless communication facilities installed or constructed pursuant to the terms of this chapter: Setbacks. Antenna support structures and equipment facilities shall adhere to the setbacks for principal uses in the Bulk Schedule applicable to the zone in which the structure(s) am located, unless otherwise indicated elsewhere in this chapter. Signs. Signs shall not be permitted on facilities except for signs October 20, 2009 Southold Town Board Meeting Minutes Page 40 displaying contact information and safety instructions, which are required. Safety signs shall be in accordance with American National Standards Institute (ANSI) standards for radio frequency radiation warning signs. Contact signs shall identify all service providers located on the facility and shall include normal and emergency contact information for each. Such signs shall not exceed five square feet in surface area. Base equipment shelter. For newly constructed wireless facilities, a base equipment shelter is limited to 500 square feet in floor area. If the newly constructed wireless facility is designed for co- location, the facility may be up to 1,000 square feet. The base equipment shelter shall be constructed with a finish similar to that of adjacent structures on the property and integrated into the architectural style. Any newly constructed base equipment shelter shall be located in accordance with the minimum height and yard requirements of the zoning district applicable to the site, and up to two adjacent off-street parking spaces may be ,provided for service vehicles. Notwithstanding the foregoing, base equipment related to interior mounted wireless facilities shall be located in an area that is satisfactory to the Planning Board upon consideration of impacts on adjacent properties and minimizing visual impacts. Base equipment shelter landscaping. A screen of evergreen trees shall be planted outside the fence of the telecommunication tower base area to provide a visual screen or buffer for adjoining private properties and the public right-of-way or other vantage points accessible to the public. The screen shall consist of a double row of evergreen shrubs and trees that are of sufficient density and height to immediately screen the base equipment from view. Required front yard setback areas shall be landscaped and include shrubs and trees. Survivability of the landscaping shall be guaranteed and maintained by the applicant for the life of the installation. Site lighting. The lighting permitted shall be the minimum required to protect the public welfare. Facilities sited on existing developed sites shall be incorporated into the lighting plans of those sites. Outside lighting shall use fully-shielded fixtures so that the light source is not visible from beyond the property line, and no light is reflected or shone towards the sky, except in the case of structures required to follow FAA guidelines for safety lighting. §280 79 71. A ~..":A~k:':. ..... :.~.~ ..... ·-vt. ......... a, t. .............. Required approvals. October 20, 2009 Page 41 Southold Town Board Meeting Minutes All wireless facilities and modifications thereto require a building permit, site plan approval and special exception approval except in cases of ordinary maintenance as defined in §280-69. Building Permit Required. (j_) All applications for a building permit shall comply with §280-70 General Requirements for all wireless communication facilities and §280-74 Application Requirements. (~) Building permit only. A wireless communication facility is a permitted use requiring only a building permit, without the requirement of site plan approval and special exception approval if it ~"~ *~ *~'~ c~u^.,,;.~ e~.;^. 2~9 79 and falls in one of the following two categories: (2) (_a) New wireless facility that is interior-mounted in an existing building or existing structure in the L[, LIO, B, HB, MI, or MI1 zoning districts which conforms to the following requirements:.,..c .... w-.-.,~,-;*'~ .... ~.~ ..,:~ ~,,~°^ 72 i. Interior-mounted facilities in existing buildings shall be constructed so that the outward appearance of the building or structure before and after the installation is complete is identical or nearly identical. The addition of a significant architectural feature on to an existing building that is visible from outside for the purpose of accommodating interior-mounted antennas shall require site plan approval; and ii. Base station equipment 1. Located within an existing shelter or building, not to be expanded beyond an additional ten percent of floor area; or 2. Located in an underground vault, with any above-ground components screened from view with evergreen planting; o~r 3. Entirely concealed from view with dense evergreen planting so that all equipment, shelters, fences, gates and other associated structures are not visible from any vantage point. Plantings shall be of sufficient size to achieve this screening effect immediately upon planting. 4. Noise from base equipment, including any backup generator, measures less than 45dB at the nearest property lines of all adjacent residences~ or (~3) (b_) ...aj~. Modification, as defined in §280-69, including co-location, on an existing antenna support structure or other wireless facility holding all valid permits and causing essentially no visible change to the exterior, and which conforms to the following requirements: .,~. v ................ ~ October 20, 2009 Page 42 Southold Town Board Meeting Minutes ii. Modifications causing essentially no visible change in the appearance of the exterior means that the antennas are interior- mounted in the existing structure and are not visible from the outside after installation. The base equipment area is expanded by no more than 10% of its existing floor area, and is entirely screened from view from any public or residential vantage points, including all roads, yards, and commemial buildings the public enters. Exceptionally well-designed flush-mounted antennas may also fall into this category if they present no visible profile protruding from the surface to which they are mounted, and are camouflaged to blend in with the background surface to which they are mounted; and Base Station Equipment (as specified above in 280-71 A(2)(a)(ii) Site Plan Approval Required: (1) All applications for site plan approval shall comply with §280-70 General Requirements for all Wireless Communication Facilities and §280-74 Application Requirements. (2_) A wireless communication facility is a permitted use requiring a building permit and site plan approval without the requirement of special exception approval if it conforms to Section 280-70 and falls in one of the following two categories: (-1-)(a) New wireless facility that is roof or side-mounted to an existing building or existing structure in the LI, LIO, B, HB, MI, or Mil zoning districts which conforms to ..... : .... ,~ c ..... ;~,~ ....;~ ~,~or~ the l~,~ ............... e ................ ~-" 72 following requirements: i. Roof-mounted facilities shall conform to the following requirements: 1. Visual impact minimized to the greatest extent possible; 2. Height limited to no more than 10 feet above the highest point of the building; and ii. Side-mounted facilities shall be flush-mounted and painted or otherwise camouflaged to blend with the fagade or background materials of the structure; and iii. Base Station Equipment (as specified above in 280-71 A(2)(a)(ii); o~r (;~)(b) Majer Modification, as defined in §280-69, including co-location, to an existing wireless facility holding all valid permits in the LI, LIO, B, HB, MI, or MII zoning districts and causing a visible change to the exterior, and which conforms to the following requirements: for permitted use in §280-72. i. Co-locations shall not extend the height of the structure more than ten feet over the original approved structure. To prevent the incremental extension of height over time, any subsequent application with a proposed extension beyond the first ten feet shall require special exception review and approval; and October 20, 2009 Page 43 Southold Town Board Meeting Minutes ii. Base Station Equipment (as specified above in 280-71 A(2)(a)(ii). Special exception. All applications for special exception shall comply with the standards in §280-70 General Requirements for all Wireless Telecommunication Facilities and §280-74 Application Requirements. Text of former §280-71 and amendments moved to §280-70 of this Amendment. Text of former §280-72 moved to §280-71 of this Amendment. §280-72. Site plan approval. A. Standards. In addition to the standards in Article XXIV and the standards in §280-70 herein, all wireless facilities, including co-locations, shall be the least visually obtrusive design possible that also permits the applicant to achieve its service needs. To that end, the following design standards shall apply to all wireless communication facilities installed or constructed that require site plan approval: (1) Camouflage on buildings. Wireless antennas, ifmonnted on a building faqade, shall be flush mounted and painted or otherwise treated to blend with the faqade. When a wireless communication facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind existing architectural features to limit its visibility from public and residential vantage points, yet permit the facility to perform its designated function. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette. If antennas are part of the stepped back facility, the applicant shall submit an access control plan that precludes inadvertent access to the front faces of the antennas by building workers (2) and the general public. The wireless communication facilities shall blend in with the existing building's architecture and shall be painted or shielded with material which is consistent with the design features and materials of the building. Access. Access to wireless facilities shall be from already established site access (3_) (4) points whenever possible. Dish antennas. Dish antennas shall be colored, camouflaged or screened to the extent that they are as unobtrusive as possible, and in no case shall the diameter of a dish antenna exceed six feet. Electric line setback. Except for wireless facilities specifically designed for mounting on electric transmission towers, or within the footprint of such towers, no wireless communication facility shall be located nearer to any overhead October 20, 2009 Page 44 Southold Town Board Meeting Minutes (5) (5) (_8) electric transmission line carrying more than 220 volts than a distance equal to the facility's height above the roof or other permanent structure to which it is attached. Co-location. Wireless communication facilities shall be designed to provide for co-location by multiple providers or designed so that they can be retrofitted to accommodate multiple providers, wherever possible. Scenic landscapes and vistas. All antenna support structures which are not concealed inside of buildings or screened by existing trees or buildings, must be surrounded by a planted buffer of dense tree growth. An antenna support structure that is located within a scenic vista or scenic landscape or within 300' of a scenic road, as designated by the Town, shall not be taller than ten feet above the height of trees within a 300' radius of the proposed location, or 35' maximum in the absence of trees. Color. Antenna support structures in the form ofmonopoles or other towers shall either be blue/gray in color, or be colored appropriate to the context of the structure's location so that the tower is as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA). If a wireless communication facility is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the colors of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. Wireless facilities sited within new structures meant to mimic some other structure or natural feature must be designed at a scale compatible with the community, be unobtrusive, and characteristic of the area. Antenna support structures in or adiacent to residential zones. Where the site proposed for an antenna support structure is located within a residential zone or has one or more property lines abutting or on the opposite side of a street from a residential zone or use permitted in a residential zone, no antenna support structures may be constructed unless adequately screened from view of those residential zones by existing buildings or large trees, including evergreens. The structure may protrude no more than 10' above screening buildings and/or trees. In the absence of an adequate arrangement of existing large trees or buildings to provide effective screening, the height of the proposed structure may be no more than 35', and the base equipment must be buried in an underground vault. Two rows of evergreen trees must be planted encircling the structure, one row at a distance from the structure of 50% of the height of the structure, and the other at 90% of the height of the structure. Transplanted trees shall have a minimum caliper of three inches, spaced thirty-feet on center. The trees must have an expected height at maturity of at least 10' less than the height of the structure to be screened. Smaller evergreen shrubs must be used to fill in the gaps in between for screening during the time the trees are filling in and maturing. The Planning Board may vary the arrangement of the trees and shrubs to accommodate specific site conditions, and accomplish the goal of screening the facility from view of residential properties. A written guarantee from the wireless facility's owner shall October 20, 2009 Page 45 Southold Town Board Meeting Minutes (10) be required to ensure that the plantings survive and are maintained throughout the existence of the installation. Commercial and industrial siting. Antenna support structures to be sited on developed commercial or industrial properties shall be located to the rear of other principal buildings and shall not encroach on planting buffers, parking areas or otherwise impair the operation of previously approved systems such as stormwater drainage basins. Existing buildings and structures should be used in the siting of freestanding towers to contribute to the visual screening of the antenna support structure. §280-753. Special exception approval. Authority. For the purposes of this section, notwithstanding Article XXV of~ ~ this Chapter, the Planning Board shall be empowered to issue a special exception approval for wireless communication facilities, subject to the provisions of this chapter. Th: ......... a~ A ..,~1~ vvx; ;~ ,~, ,u~ m ~:~ r,^~a :~ ,~ ..... :~_.~ ~ ~.~ Standards. In addition to the standards in Article XXV of this God~-Chapter, no special exception approval shall be granted unless the Planning Board specifically finds and determines the following: (1) Construction of the proposed facility or modification of the existing facility is a public necessity, in that it is required to meet current or expected demands of the telecommunications provider and to render adequate service to the public. (2) The applicant has made substantial effort to co-locate with existing wireless facilities, or, failing that, has made substantial effort to locate on municipally- owned land or structures, or within or on existing buildings or structures. (3) There are compelling reasons which make it more feasible to construct the proposed facilities rather than alternatives. Matters to be considered. In addition to the matters to be considered in Article XXV of this Chapter, the Planning Board shall give consideration to the following in issuing a special exception approval for wireless communication facilities: (1) The proposed antenna support structure must be demonstrated to be the lowest height above the ground feasible to achieve the service needs of the carrier(s). The rationale behind the explanation by the applicant must be corroborated by an independent consultant hired by the Town. (2) The wireless communication facility has been situated to minimize its proximity and visibility to residential structures, residential district boundaries and landmarks designated by Town, federal or state agencies. (3) The wireless communication facility is designed and situated to be compatible October 20, 2009 Page 46 Southold Town Board Meeting Minutes with the nature of uses on adjacent and nearby property. (4) The wireless communication facility has been designed to use the surrounding topography to minimize its visual impacts. (5) The wireless communication facility has been designed to use the surrounding tree, building or foliage coverage to minimize its visual impacts. (6) The wireless communication facility maximizes design characteristics to reduce or eliminate visual impacts and obtrusiveness. (7) Other adequate conditions have been placed on the wireless communication facility which will minimize any adverse impacts of the facility on adjoining properties. ............. xp~ratlon. In apprcvmg ~ ~v .......... ~ ................. ~ ......... ~ .................. doh.~ ................................... ~y special exception approval ~ted und~ this a~icle shall have a te~ of five years, comm~cing ~om ~e ~t of the special exception, which may be extended for ~ additional five-ye~ te~ upon application to the Plying Bo~d. On a renew~ application, ~e applic~t shall dmonstrate that the wireless communication hcility is in compli~ce wi~ all applicable laws, roles ~d re~lations ~d with all of the conditions of the special exception approval ~d site pl~, that the hcility is necessa~ to provide adequate se~ce, and that there is no reasonable alt~ative available to the own~ which will provide adequate se~ice without the continuing use of the hcility. Subsequent special exception renewals shall be subject to review by the Plying Bo~d and subject to such st~d~ds that shall be included in the Town Code at that point in time. §280-74. Application requirements. Fees. The following fees are in place of those required in other sections of the code. (1) Building Permit Application Fees October 20, 2009 Page 47 Southold Town Board Meeting Minutes ii.a. Majcr modification $500 iii.b. New facility $750 (2) Site Plan Application Fees i.a. Major Modification. $1000 ii.b. New facility $2000 (3) Special Exception Application Fee $1000 (4) R i byi dep d It !! ev ew n en ent consu ants.-.T" a a. Upon the Planning Board's determination that referral to the Planning Board's consultant(s) is deemed necessary, an escrow account for the applicant shall be established with the Town Comptroller's Office. Said escrow account shall be established prior to the Town's referral of the application to its consultant{s). Said escrow account shall be funded by the applicant in an amount to be determined by the Town Planning Director. Upon the determination that any application shall be subiect to the Town's review aided by consultant(s) as set forth herein, no application shall be considered complete for review purposes until an escrow account is established and funded. Withdrawals from said escrow account may be made from time to time to reimburse the Planning Board for the cost of its consultant(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to ¼ of its initial amount, the Planning Board shall notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to Y2 of the initial deposit or to such sum as deemed necessary by the Committee. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the reviewing Board may suspend its review of the application. The consultants will work under the direction of the Town Planning Director. Copies of the consultants' qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultants' report prior to any decisions being made. Building Permit Application (1) The following application requirements are in addition to those required in § 144-8 (C). Written analysis demonstrating the project complies with the Maximum Permissible Exposure regulations in accordance with § 280-70(J). Written documentation as to the facility's structural compliance with local, State and Federal Codes. October 20, 2009 Southold Town Board Meeting Minutes Page 48 (2) Copies of all applicable FCC licenses, notices of proposed construction or alteration, federal environmental impact statements and other documents verifying compliance with federal, state and local regulations. Propagation maps shall be submitted for existing coverage from existing surrounding and/or approved sites, coverage from all alternative sites considered and coverage from the proposed site. Propagation maps shall include a minimum of three signal strength depictions (-75dBm, -85dBm and -95dBm) and any other signal strength levels deemed appropriate by the applicant based on the applicant's documented coverage and reliability .needs. A 'gap map" prepared and signed by a qualified radio frequency engineer and overlaid on an "existing coverage" background propagation map demonstrating the area(s) within which the applicant's existing service is not adequate. In addition, a search ring shall be depicted indicating where the wireless communication facility needs to be located in order to provide adequate signal strength and/or capacity to the target gap area. The applicant must explain and document its standards and criteria for adequate signal strength, capacity and reliability and must demonstrate to the satisfaction of the Planning Board why these standards and criteria are applicable to the Town of Southold. Digital files of the propagation and gap maps, including attribute information, in a Geographic Information System (GIS) format and proiecting that is compatible with the GIS technology currently in use by the Town of Southold. A copy of the deed or lease agreement establishing applicant's right to use the parcel on which the wireless communication facility is to be located. Other information deemed necessary to assess the compliance with this law. Once the application is received in the Building Department, it will be forwarded to the Planning Director for report and recommendations on compliance with §280-71 General Requirements, §280-72 Requirements for Permitted Use, and any technical consultant reports that may have been required. No building permit for a wireless facility may be granted prior to this report being submitted to the Building Inspector. Site Plan Application. The following application requirements are in addition to those required in §280-133: (1) S pi fit ~:~,~ n~. ..... ~ ~ -*~r~ ~ th pleted B ildi g even co eso ~:nsac ............. ~ ...... ~., ecom u n Permit Application required under §280-73(B). (2) Aeronautical study or appropriate consultant's report demonstrating that the proposed facility will not constitute an obstruction or hazard to air navigation. (3) Visual Impact Analysis - renderings or computer graphics illustrating the appearance of the completed facility from residential and public vantage points to be determined by the Planning Board. (4) Adjacent land uses, structures and zoning within 500 feet. October 20, 2009 Southold Town Board Meeting Minutes Page 49 (5) The location in latitude and longitude, type and height of the wireless communication facility. (6) A list of other carriers already located on the facility with the number, type, height, orientation, effective radiated power, number of channels and operating frequencies of each antenna, including the proposed. (7) Digital information about the facility (AutoCAD, Shapefile) that can be imported into a geographic information system depicting the search ring of the proposed facility. (8) A photo of the facility, if already existing. (9) Location of landmarks listed by federal, state or Town agencies within 300 feet. (10) Distances between the proposed facility and the following: a. the nearest residential structure, b. the nearest property line with a residential use, c. all other structures. d. Roads, rights of way, driveways (11) Fall zone radius and distance (12) Proposed means of access (13) Elevation drawings with dimensions clearly indicated, including diameter or width of the structure at its widest and narrowest, and the tallest point including antennas or lightening protection. (14) Other information deemed by the Planning Board to be necessary to assess compliance with this law. Special Exception Application. To make the determination on an application for special exception, the Planning Board shall require the following in addition to the requirements of Article XXV of this Chapter: (1) (2) Each application shall include: a. One copy of the building permit application b. One copy of the site plan application c. Each application shall include a written site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. d. Other information deemed by the Planning Board to be necessary to assess compliance with this law. The applicant shall document to the satisfaction of the Planning Board that a good-faith effort has been made to locate or co-locate on existing towers or other available and appropriate buildings and structures, that it is not feasible to co- locate on an existing facility and that the proposed location is necessary to provide adequate service to the public. The documentation shall include a notarized statement by the applicant as to whether construction of the wireless communication facility will accommodate co-location of additional antennas for October 20, 2009 Page 50 Southold Town Board Meeting Minutes future users. ~) The Plying Board ~d Plying Dep~ent may retain tec~ical consulters as they deem necessa~ to provide assist~ce in the review of~e needs ~d site location ~tematives ~alyses and other matters that the Bo~d dems necess~y. ~e applic~t shall be~ the reasonable cost associated with such consultation, which cost shall be assessed as ~ additional application fee. The consult~ts will work ~d~ the direction of the Town Pla~ing Director. Copies of the consult~ts' qualifications, findings ~d repo~s shall be made available to the applic~t upon acc~t~ce of the final draft of the r~o~ by the Plying Bo~d. (8)(~ ~e applicant must also explain in writing to the Pla~ing Board why it selected the proposed site, discuss the availability or lack th~eof of a suitable stmc~re within the se~ch ring for collocation, and the extent to which the applic~t has explored locating the proposed hcility in a more intensive use district. Co~espondence with other telecommunication providers concerning collocation is pa~ of this requirment. ~e applic~t shall also provide evidence supposing the existence of inadequate se~ice. ~is may include the propagation maps cited above, drive test maps, traffic studies, customer complaint logs ~d simil~ data. The applicant must also d~ons~ate to the Bo~d that ~e proposed hcility satisfies the demonstrated s~ice deficiency to an equal or ~eater de~ee th~ ~y of the reasonably available alternatives. October 20, 2009 Page 51 Southold Town Board Meeting Minutes §280-75. Historic buildings and districts. No wireless communication facility is allowed on any designated landmark property or district listed by federal, state or Town agencies, except as specified below, and subject to §170 Landmark Preservation: A. Any wireless communication facility located on or within an historic structure listed by federal, state or Town agencies shall not alter the character-defining features, distinctive construction methods or original materials of the building. B. Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully reversible. C. Wireless communication facilities within an historic district listed by federal, state or Town agencies shall be concealed within or behind existing architectural features, so that they are not visible. Text of former §280-76 moved to §280-71(M) of this Amendment. §280-7~7 76. Removal and height reduction. __Any wireless communication facility that is not operated for a continuous period of 12 months shall be deemed abandoned. At that time the owner of the wireless communication facility or the owner of the property where the wireless communication facility is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this Article. In the case of a wireless communication facility on preexisting structures, this provision shall apply to the wireless communication facility only. If the wireless communication facility is not removed within the said 90 days, the Building Inspectorsmay, ~ .... , g~ve the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner'sexpense ..... ~r~ ~'-':~ ~ ed by th ....... ;~+:~ c~^~:+ ..... ~- +~'~ ,.~ ...... All costs and expenses incurr e Town in connection with any proceeding or any work done for the removal of a wireless communication facility shall be assessed against the land on which such wireless communication facility is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute alien upon such land. If the owner of the facility and the owner of the property upon which the facility is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the facility and the owner of the property upon October 20, 2009 Page 52 Southold Town Board Meeting Minutes which the facility is located, with the assessors who shall, in the preparation of the next assessment roll, assess such amoUnt upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. Height reduction. Where antennas are moved to lower heights on an existing antenna support structure, and the full height is no longer needed, the overall height of the structure shall be reduced. No antenna support structure shall remain at a height that is taller than that required by installed and operational antennas. This section is enacted pumuant to §10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to insure the proper decommissioning of wireless communication facilities within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law §64(5-a) and govern the subject of removal of wireless communication facilities in this chapter. §280-78 77.."T,v..~v...v.r~:......~.~o~o. ....... Pre-existing antenna support structures and antennas. Pre-existing transmission support structures and antennas, for which a permit has been issued prior to the effective date of this article, may continue in use for the purpose now used and as now existing, subject to the conditions of that permit. Preexisting transmission support structures and antennas may not be replaced, structurally altered, or added to without complying in all respects with this article. The issuance of permit renewals or other new permits for such facilities shall be in accordance with the provisions of this article. Preexisting transmission support structures and antennas without the proper permits shall be considered out of compliance with this article. Any wireless service provider with at least one preexisting transmission support structure or antenna in the Town of Southold that is out of compliance with the building and zoning requirements in this Chapter, prior to the adoption of this article, shall not be eligible for any new approvals until the preexisting transmission support structure or antenna is brought into compliance with this article. Until all required permits are secured, no issuance of any new permit shall occur for a request to co-locate, attach, or share an existing transmission support structure, when such existing facility is found to have one or more antennas or mounts without permits. Any application by a wireless service provider shall be deemed incomplete, if that provider has a preexisting transmission support structure in the Town on which there is any antenna or mount without permits, and said application shall not be processed until that facility is brought into compliance with this article. October 20, 2009 Page 53 Southold Town Board Meeting Minutes §280 79 78. [Rese~ed] Waivers of criteria. In approving a site plan or special exception, the Planning Board may waive or modify the following criteria if they find that the goals and stated purposes of this law are better served by doing so, and that there is no detriment to the public health, safety and welfare. A. Section 280-70 H (2). Maximum Height: 80 feet (1) In commercial zones, where co-location will achieve the result of fewer antenna support structures, the Planning Board may modify 80 foot height restriction with the condition that the antenna support structure be constructed so that antennas can be installed at any height on the structure, and that the overall height of the structure can be reduced if antennas are moved to lower heights. No antenna support structure shall remain at a height that is taller than that required by installed and operational antennas. The applicant must show that co-location of other carriers is likely by demonstrating that coverage or capacity gaps of other carriers are located in the same area as the proposed structure. B. Section 280-70 H (3). Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. (1) This setback requirement may be modified upon a showing by the applicant that the actual distance of the antenna support structure to the residential structure is minimized to the greatest extent possible. C. Section 280-72 A (6). Scenic landscapes and vistas. (1) The requirement of planting of surrounding tree coverage and foliage to account for existing vegetation and land contours may be modified by the Planning Board but only in cases where it can be shown that the existing vegetation achieves the purpose of concealing the structure. D. Section 280-70 M (1) d. Base landscaping. (1) The requirement of planting of screening vegetation may be modified by the Planning Board in cases where it can be shown that existing screening that accomplishes the goal of concealing the base equipment shelter from other properties and roads. E. Section 280-72 A (9) Antenna support structures in or adjacent to residential zones. (1) If the structure is located on a property that is adjacent to a residential zone, the Planning Board may modify the requirement of planting of surrounding tree coverage and foliage in cases where it can be shown that existing vegetation and land contours achieve the purpose of concealing the structure from nearby residences. F. Section 280-76 B. Pre-existing antenna support structures and antennas not in compliance (1) The provision requiring pre-existing non-conforming facilities to be brought into compliance may be modified by the Planning Board where such facilities would be required to be rebuilt or relocated to be in compliance, if, in those cases only, the applicant demonstrates that those pre-existing facilities, given the carrier's coverage or capacity needs, are already located in a place that would comply the same or better as any alternate locations, or are already constructed to be as unobtrusive as possible. October 20, 2009 Page 54 Southold Town Board Meeting Minutes §280-8079. Severability. The various parts, sections and clauses of this article are hereby declared to be severable. If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. §280 8180. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. Vote Record - Resolution R1~S-2009-867 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando ' Seconder [] [] [] [] [] Tabled Albeit Krupsk Jr Vote~ [] [] [] [] [] Withdrawn [] Supervisors Appt Thomas H. Wickham Initiator [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] · [] 40. Comments regarding resolution 867 COUNCILMAN WICKHAM: I would like to propose an amendment to the resolution that appears in our agenda, in the third paragraph. COUNCILMAN KRUPSKI: Would you please, Tom, can you please read those two changes? COUNCILMAN WICKHAM: The changes are as follows: The Planning Board offers the following suggestions for changes as proposed. 1. Fall zones should be clarified of how the size of the fall is determined and there is some detail about that. 2. Interior mounted antennas, the code is unclear about setbacks for the base equipment of interior mounted antennas located outside the building, we recommend adding the following regarding the site design standards and there are a couple of sentences about that. 3. Rather than striking the language as proposed in the law in section 280-70 e general requirements of all wireless regarding locations near wetlands and other protected features, we suggest modifying it to be in accordance with the language of chapter 240 as follows and it says antenna support structures shall not be located in the following areas without a permit from all jurisdictional agencies as regards wetlands, land about high ground water, within 500 feet etc. etc. Those three things. JUSTICE EVANS: Within 500 feet (inaudible) TOWN ATTORNEY FINNEGAN: Yes (inaudible) JUSTICE EVANS: Okay. COUNCILMAN WICKHAM: So the proposal is to enact this law together with those three rec0~endatiops from the Planning Board. 2009-868 October 20, 2009 Page 55 Southold Town Board Meeting Minutes CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL Convenience Stores WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 22nd day of September, 2009, a Local Law entitled "A Local Law in relation to Amendments to the Zoning Code~ Article X entitled Hamlet Business (liB) District and Article XI entitled General Business (B) District" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law on the 20th day of October, 2009 at 4:40 p.m. at which time all interested persons were given an opportunity to be heard, NOW THEREFOR BE IT RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to the Zoning Code~ Article X entitled Hamlet Business (HB) District and Article XI entitled General Business (B) District" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to Amendments to the Zoning Code~ Article X entitled Hamlet Business 0tB} District and Article XI entitled General Business District". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose - The goals of the Town of Southold, as set forth in numerous planning documents over the past twenty years, include the preservation of land, preservation of the rural, cultural and historic character of the hamlets, preservation of the Town's natural environment and natural resources, promotion of a range of housing and business opportunities that support a socio-economically diverse community, and an increase in transportation efficiency while preserving the scenic and historic attributes of the Town. In consideration of these goals, the Town has found that certain retail uses have characteristics that can cause an adverse impact on the public health, safety and welfare. Convenience stores accessory to gas station uses, because of their proximity to similar uses and their operation characteristics, including increased traffic generation, long hours of operation, bright lights, and the noise and litter problems associated with such uses, tend to be more intrusive to the community, and have the potential to cause adverse October 20, 2009 Page 56 Southold Town Board Meeting Minutes impacts. This local law is intended to mitigate the potential impacts of convenience stores accessory to gas station uses by ensuring, through the appropriate revisions to the Town Code, that accessory convenience stores are located on sites that have adequate on- site parking and circulation, are a sufficient distance away from similar uses and are designed to fit in with the community in scale, architecture, and overall site design in order to preserve the community's character. II. Chapter 280 of the Code of the Town of Southold is hereby emended as follows: §280-4. Definitions. [Amended 7-31-1973] CONVENIENCE STORE - A retail store generally less than 5,000 square feet that is designed and stocked to sell prepackaged food items, beverages, periodicals and household goods for off- premise consumption. ARTICLE X Hamlet Business (HB) District §280-45. Use regulations. A. Permitted uses. The following uses are permitted uses and, except for these uses permitted under subsection A(1), (12) and (13 hereof, are subject to site plan approval by the Planning Board. Subparagraphs 1 through 13 - text remains the same. (14) Convenience stores. Accessory uses. The following uses are permitted as accessory uses and except for residential accessory uses and signs, which are subject to Article XIX, are subject to site plan review: Subparagraphs 1 and 2 - text remains the same. (3) Convenience store located with a prior non-conforming gas station use (gas stations are not a permitted use in the HB zone, however, there are a number of pre-existing gas stations in operation) shall be considered an accessory use subject to site plan review, only if the following requirements are met: (c) Maximum gross floor area of the retail store equals 800 square feet or less, including storage and counter area. Parking requirement equal to one space per 100 square feet of floor area devoted to retail sales area including the sales counter and retail products storage. The gas station must still meet its parking requirement separately, however, each fuel dispenser can count as one parking space toward the convenience store requirement. The physical design, including color and use of materials, of the October 20, 2009 Southold Town Board Meeting .Minutes Page 57 establishment shall be sensitive to the visual and physical characteristics of other buildings, public spaces and uses in the particular location, and shall comply with the retail building standards in 280-45 A(7) (a)-(e) to the extent practicable. (~)(.~)Signs for the convenience store shall conform with Article XIX of this Chapter, and further, may not be lit from within. (~(e) Formula food franchises are not permitted within accessory convenience stores. (4) Convenience stores associated with gas stations that do not meet these requirements are considered a second principal use and must meet the minimum bulk schedule requirements (e.g., a gas station with a convenience store that is 1,200 square feet in size must have a minimum of 59,999 40,000 square feet of lot area). (5) Pre-existing, non-conforming convenience stores with the proper approvals in place prior to the enactment of this law may continue as they are with no increase in size unless they can meet the requirements for a second principal use. ARTICLE XI General Business (B) District {}280-48. Use regulations. A. Permitted uses. The following uses are permitted uses and, except for these uses permitted under subsection A(1), (12) and (13 hereof, are subject to site plan approval by the Planning Board. Subparagraphs 1 through 13 - text remains the same. (14) Convenience stores. C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XIX, are subject to site plan review: Subparagraphs 1 through 3 - text remains the same. (4) Convenience store located with a gas station use shall be considered an accessory use subiect to site plan review, only if the following requirements are met: (b) Maximum gross floor area of the retail store equals 800 square feet or less, including storage and counter area. Parking requirement equal to one space per 100 square feet of floor area October 20, 2009 Page 58 Southold Town Board Meeting Minutes (6) devoted to retail sales area including the sales counter and retail products storage. The gas station must still meet its parking requirement separately, however, each fuel dispenser can count as one parking space toward the convenience store requirement. (c) The physical design, including color and use of materials, of the establishment shall be sensitive to the visual and physical characteristics of other buildings, public spaces and uses in the particular location, and shall comply with the retail building standards in 280-45 A(7) (a)-(e) to the extent practicable. ........ ~ ....... v,-, ....................... ar t.v.'s. qe) (d) Signs for the convenience store and gas station shall conform with Article XIX of this chapter. (0 (e) Formula food franchises are not permitted within accessory convenience stores. Convenience stores associated with gas stations that do not meet these requirements are considered a second principal use and must meet the minimnm bulk schedule requirements (e.g., a gas station with a convenience store that is 1,200 square feet in size must have a minimum of 60,000 square feet of lot area). Pre-existing, non-conforming convenience stores with the proper approvals in place prior to the enactment of this law may continue to operate as a non- conforming use with no increase in size unless they can meet the requirements for a second principal use. ARTICLE XVIII Parking and Loading Areas §280-78 Off-street parking areas. Type of Use Convenience Stores Required Number of Parking Spaces at least 1 space per 100 square feet of gross floor area of the retail store, including storage and counter space 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 judgrnent 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. October 20, 2009 Southold Town Board Meeting Minutes Page 59 Vo*e RecO~. Resolution RES-2009-868 Adopt~ Adopt~ as ~d~ Ye~Aye No~ay Abstain Ahsent Tabl~ Vinc~t ~l~do Vot~ ~ ~ ~ ~ Next: Nov 4~ 2009 7:00 PM 2009-869 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Droskoski Elect to Purchase & SEQRA WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by the Estate of Anna T. Droskoski on the 20th day of October, 2009, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-18.-4-7.1. The address is 28105 NYS Route 25. The property is located in the R-80 zoning district and is at the northwesterly intersection of NYS Route 25 and Browns Hill Road in Orient, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 19± acres (subject to survey) of the 21± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the easement will be acquired using Community Preservation Funds. This project is also eligible for partial funding from an awarded grant from the United States Department of Agriculture - Natural Resources Conservation Service ("USDA-NRCS"). The purchase price is $75,500 (seventy-five thousand five hundred dollars) per buildable acre for the 19± acre easement plus acquisition costs. The purchase price is subject to a provision that the landowner satisfies and agrees to any and all Federal requirements imposed in connection with the awarded grant from USDA-NRCS; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and October 20, 2009 Page 60 Southold Town Board Meeting Minutes WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by the Estate of Anna T. Droskoski, identified as part of SCTM #1000-18.-4-7.1. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. [] Adopted as Amended William Ruland Initiator [] Tabled Albert Krupski Jr. Voter [] With&awn Thomas H. Wickham Voter [] Supervisor's Appt [] Tax ReceiveCs Appt Louisa P. Evans Vo~er [] Rescinded Scott Russell Voter 43. Comments regarding resolution 869 COUNCILMAN RULAND: Do you want to move it now, Mr. Supervisor? SUPERVISOR RUSSELL: I think we have to vote and accept the SEQRA report first. JUSTICE EVANS: I think it is in the resolution. SUPERVISOR RUSSELL: Oh, it is in the resolution? Okay. October 20, 2009 Page 61 Southold Town Board Meeting Minutes COUNCILMAN WICKHAM: I think we should go through the regular way. JUSTICE EVANS: Well, except the family is here right now. That is why they want to do it. COUNCILMAN WICKHAM: Sorry. You are right. VI. Public Hearings Motion To: Motion to recess to Public Heating COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell PH 10/20/09 4:45 P.M. the Purchase of a Development Rights Easement on Property Owned by the Estate of Anna T. Droskoski RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Councilman Thomas H. Wickham COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ October 20, 2009~ at 4:45 p.m. Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by the Estate of Anna T. Droskoski. Said property is identified as part of SCTM #1000-18.-4-7.1. The address is 28105 NYS Route 25. The property is located in the R-80 zoning district and is at the northwesterly intersection of NYS Route 25 and Browns Hill Road in Orient, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 19~ acres (subject to survey) of the 21± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. This project is eligible for partial funding from an awarded grant from the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS). The purchase price is $75,500 (seventy-five thousand five hundred dollars) per buildable acre for the 19± acre easement plus acquisition costs. The purchase price is subject to a provision that the landowner satisfies and agrees to any and all Federal requirements imposed in connection with the awarded grant from USDA-NRCS. October 20, 2009 Southold Town Board Meeting Minutes Page 62 The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. 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. I have a short environmental assessment form duly filled out and signed in the file and those are the only notices in the file. Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this public hearing ? Melissa? Melissa Spiro, Land Preservation Coord MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi, Melissa Spiro, Land Preservation Coordinator. Tom, just for clarification, the purchase price was $75,500. COUNCILMAN WICKHAM: I read $75,000 but I will have to look again carefully. $75,500 per buildable acre. Thank you. MS. SPIRO: Okay. So as noted, the hearing is for the Town's purchase of development rights easement of agricultural purposes. The farm has been in the family for over one hundred years, the ownership is in a state. Patricia Sepenoski is the executrix of the estate and her son and extended family currently farm and plan to continue to farm the property. Patricia Sepenoski owns 10 acres of other farmland in East Marion and also she owned together with her brother-in- law, another 54 acres of farmland in Southold on which they sold the development rights easement to the Town in 2008. So she is a repeat participator in the Town's development rights program. The particular farm contains ail prime ag soils and is adjacent to a preserved farm to the west. I am sorry the map doesn't have its easel, so I can't point that out. It is also in the vicinity of many other active farms. The purchase price is $75,000 per acre, it is in accordance with an appraisal which was completed for this specific property. The purchase is going to be funded with community preservation funds and 50 percent of the purchase price, which is over $700,000 will be funded by an awarded grant from the United States Department of Agriculture and the Natural Resources Conservation Service. The landowners are reserving about 2 acres on the southeast comer of the property fronting on Main Road. This allows for over 90 percent of the property to be currently preserved for agricultural purposes. The Land Preservation Committee and I both support this very important preservation, we hope that the Town Board proceeds with the acquisition. There are family members here tonight behind me and over on the other side of the room and I certainly thank them and I am sure the Town Board thanks them for giving us the opportunity to preserve this important farm and also to work with the federal government to get funding for this acquisition. Supervisor Russell October 20, 2009 Page 63 Southold Town Board Meeting Minutes o o SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this local law? (No response) JUSTICE EVANS: I move to close the heating. Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell PH 10/20/09 4:35 PM - LL Wireless Facilities RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Councilman Wickham COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 22nd day of September 2009, a Local Law entitled "A Local Law in Relation to Amendments to Wireless Communications Facilities" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 20th day of October, 2009 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Wireless Communications Facilities" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to Amendments to Wireless Communications Facilities". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. STRUCTURE - An assembly of materials, forming a construction framed of component structural parts for occupancy or use, including buildings antenna support structures, and small wind energy systems. WIRELESS COMMUNICATION FACILITY - Antenna or antenna support structure and base equipment, either individually or together, including permanent or temporary moveable facilities (i.e. wireless facilities mounted on vehicles, boats or other mobile structures) used for the October 20, 2009 Page 64 Southold Town Board Meeting Minutes provision of any wireless service. ^ .......,~r~,~ c.~a:+., cA. ,~.~ ,~. .... :..: ....~/ ........~ ~c ~280-67. Purpose. A. It is ~e express p~ose of this ~icle to minimize the visual and enviro~ental impacts of wireless comm~ication facilities while protecting ~e health, safeW ~d welf~e of Sou~old's citizens ~d allowing wireless s~ice providers to meet ~eir tec~olo~cal ~d s~ice objectives. In addition, the re~lation of wireless facilities, including the t~e of st~c~re~ is intended to protect the scenic ~d aesthetic qu~ities of the Town of Southold. ~is ~icle ~lows wireless co~unication facilities, to be reviewed ~d approved in keying with ~e Town's existing zoning ~d histohc development pa~ems, including the size ~d spacing of st~ctures. ~e goals of the following sections ~e to accomplish the following: (1) Site wireless facilities in these prefe~ed locations: i. Within or on existing buildings ~d s~c~es where the ~te~as ~e invisible (or nearly so) from public ~d residential vantage points; ii. IndusMal ~eas; (2) T~e into account ~e aesthetic aspects of the Town, including open vistas, scenic b~ays and historic disfficts, when desiring and siting wireless comm~ication facilities. ~280-68. Scope. %e re~lations of this aaicle shall govern ~d control the ~ection, enlargement, expansion, alt~ation, op~ation, mainten~ce, relocation and rmoval of all wireless communication facilities. The re~lations of this a~icle relate to the location and desi~ of these facilities and shall be in addition to ~e provisions of the Southold Building and Zoning Codes ~d ~y other fed~al, state or local laws or Federal Communication Commission (FCC), Federal Aviation Administration (FAA) or other re~lations pe~aining to such facilities. No~ing h~ein shall be cons~ed to, apply to, prohibit, re.late or othemise affect ~e erection, maintenance or utilization of antennas or suppo~ stmc~res by those licmsed by the Fed~al Communications Co~ission p~su~t to Title 47 of the Code of Federal Re~lafions, P~ 97, to operate mate~ radio stations, or satellite ~te~as that are used for individual business or resid~tial voice, data, or video comm~ications. fi280-69. Definitions. As used in this ~icle, ~e following te~s shall have the me~ings set fo~h below: ANTENNA -- Any ~smi~ing or receiving device, including whip (omni directional ~te~a), p~el (directional ~te~a), disc (parabolic ~te~a) or simil~ device, mounted in or on a tower, monopole, building or stmc~re ~d used in communications that radiate or cap.re electroma~etic waves, distal sisals, ~alog si~al, radio ~equencies (excluding rad~ sisals), wireless telecomm~ications sisals or other communications sisals. ANTENNA SUPPORT STRUCTURE -- Any stmc~e that is desired ~d constructed primely for the pu~ose of suppoaing one or more ~te~as for wireless telephone, television, radio ~d ...... o~c ...... ~:-~ ~..:~ · ........... a similar comm~lcatlon pu~oses, including ...... ye ...... ~ .............. , ~j ~ t:':::r: rand monopoles. Lattice ~d ~yed towers are not pemitted ~te~a suppoa stmc~es. The t~ includes radio ~d television tr~smission towers, microwave towers, common-caffier October 20, 2009 Page 65 Southold Town Board Meeting Minutes towers, cellular telephone towers, camouflaged tower structures, and the like. The term includes the structure and any support thereto. The term does not include wireless facilities located in or on existing buildings or structures that previously existed or are being constructed for a primary purpose other than a wireless facility e.g. water tower, electric utility pole, or church steeple. BASE STATION EQUIPMENT -- Equipment integral to the operation of an antenna system· Base station equipment typically includes, but is not limited to, communications equipment cabinet/shelter, backup power supplies, generators, electric and telecommunications backboards, wiring, grounding loops, equipment enclosures, security fencing and lighting. CO-LOCATION -- The use of a single mount on the ground by more than one provider (vertical co-location) and/or several mounts on an existing tower, building or structure by more than one carrier for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. EQUIPMENT SHELTER -- An enclosed structure associated with the mount within which is housed the base station equipment for a wireless communications facility. FALL ZONE -- The area on the ground within a prescribed radius from the base of a wireless communications facility. The fall zone is the area within which there might be a potential hazard from falling debris or collapsing material, including the antenna support structure. GUYED ANTENNA SUPPORT STRUCTURE -- An antenna support structure that is supported, in whole or in part, by guy wires and ground anchors. HEIGHT -- When referring to a tower or other antenna support structure, the height is the distance from the top of the structure at its highest point, including antennas, lightening protection devices or any other apparatus attached to the top of the antenna support structure, to the base of the stmcture, measured in feet above ground level (AGL). Absolute height is the distance from the top of the structure, including all attachments, to the height of Mean Sea Level (MSL). LATTICE ANTENNA SUPPORT STRUCTURE -- An antenna support structure that has open-framed supports on three or four sides and is constructed without guy wires and ground anchors. MODIFICATION -- The addition, removal, or change of any of the physical and visually discernable components or aspects of a wireless facility, such as antennas, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discemable components, vehicular access, parking and/or an upgrade or replacement of the equipment. Adding a new wireless carder or service provider (co-location) to a wireless communications tower or site is a modification. Modifications also include: extending the height of the antenna support structure above its current height, changing the footprint of the structure, expansion of the base station equipment or compound area, addition of antennas to an existing carder's antenna array, re-orientation or relocation of existing antennas, changes affecting the operating frequencies, effective radiated power or number of operating channels. A modification herren shall not include ordinary maintenance, as defined . major or minor October 20, 2009 Page 66 Southold Town Board Meeting Minutes (3) (5) (7¢ MONOPOLE -- A freestanding ~te~a suppo~ s~cture consisting of a single pole, without ~y wires or ~ound ~chors. MOUNT -- The st~c~e or surface upon which ante~as are mounted and/or the location of the antra, e.g.: A. ROOF-MOUNTED - Mounted on the roof of a building. B. SIDE-MOUNTED - Mounted on the side of a building. C. STRUCTURE-MOUNTED - Mounted on a st~cture other th~ a building. D. FLUSH-MOUNTED - Mounted v~y close on a building or structure so ~at the profile of the ~te~a(s) is not readily apparent. E. INTERIOR-MOUNTED - Mounted within a building or o~er st~c~e so that the antennas ~e not visible ~om the outside. F. GROUND-MOUNTED - Mounted on the ~o~d. O~INARY MAINTENANCE -- Work done to an existing wireless telecommunications facility ~d ~t~a suppo~ st~c~re for ~e pu~ose of maintaining ~em in good operating condition. Ordin~ mainten~ce includes inspections and testing to maintain ~nctionality, aesthetic ~d st~ctural inte~ty, and involves the no~al r~air of a wireless facility including the like-for-like r~lacem~t of d~aged or defective compon~ts without othe~ise adding, r~oving, or subst~ti~ly cheung ~hing ~d therefore does not include modifications. ~DIO F~QUENCY (R~ PROFESSIONAL -- A person who specializes in the study of radio ~equency en~neefing and has exp~ise in radio communication facilities. ~DIO F~QUENCY ~ EMISSIONS or ~DIATION -- ~c electroma~etic field of radiation ~i~ed by wireless ante~as. ~DIO FREQUENCY (R~ SIGNAL -- The actual be~ or radio waves sent ~d received by a wireless facility. A sisal is ~e dcliberate product ora wireless ~te~a. ~e RF radiation is the by-product. WIRELESS CAGIER -- A company that provides wireless telecommunications se~ices. WIRELESS COMMUNICATIONS FACILITY -- Ante~a or ~te~a suppo~ s~cmre ~d base equipment, either individually or together, including pe~ent or tcmpor~y moveable facilities (i.e. wireless facilities mounted on vehicles, boats or other mobile s~c~res) used for · e provision of ~y wireless se~ice. WITLESS SERVICES -- Comm~cial mobile se~ices, unlicensed wireless se~ices, and October 20, 2009 Southold Town Board Meeting Minutes Page 67 common carder wireless exchange services, including, but not limited to, voice, data, images or other information, cellular telephone service, personal communications service (PCS), Enhanced Specialized Mobile Radio (ESMR) Service, and paging service. §280-70. General requirements for all wireless communication facilities. No wireless communication facility shall be used, erected or altered in the Town of Southold except in accordance with the provisions of this article and any other applicable sections of the Town Code. All wireless communication facilities, and modifications to such facilities (as defined in §280-69) shall require a building permit, site plan approval, and special exception approval unless listed as exempt in §280-71 "Required Approvals" except in cases of ordinary maintenance, as defined in §280-69. No new antenna support structures may be constructed without a carder licensed by the FCC as a provider. An FCC-licensed provider of wireless communications services must be the applicant or the co-applicant for any proposed new wireless communication facility, co-location or modification. Guyed or lattice antenna support structures are prohibited. Antenna support structures shall not be located in the following areas: (d)(1) Lands purchased with Community Preservation Funds; (6)(2) Designated parkland. Fall Zones. An antenna support structure must include an area surrounding it that is free of other structures and areas where people congregate, except the base equipment, with a radius equal to a distance of two times the height of the structure. A smaller fall zone may be allowed if supported by a report submitted by a qualified structural engineer, and corroborated by an independent consultant hired by the Town that demonstrates that a smaller fall zone is appropriate and safe. The fall zone of an antenna support structure must not include areas where people congregate, and must be clear of all structures except the base station equipment. Federal Aviation Regulations. All towe~s wireless facilities shall comply with applicable airport and/or air space hazard and/or obstruction regulations. Any facility that would be classified as an obstruction or hazard under current federal aviation regulations or would otherwise interfere with the operation of radio navigation aids, communications and/or airport operations is prohibited. Antenna support structures in the zoning districts: LI, LIO, MI, MII, B, and HB, are subject to the following restrictions: (1) Minimum lot size: i. LI, LI©, E & HE in accordance with the bulk schedule for each zone (2) Maximum Height: 80 feet (3) Minimum distance of all wireless equipment to adiacent residential property lines or streets shall be no less than 500 feet. October 20, 2009 Page 68 Southold Town Board Meeting Minutes Antenna support structures permitted in AC, R-40, R-80, R-120, R-200, R-400, LB, RO, RR, HD, or AHD zoning districts, are subject to the following conditions (in addition to any other applicable conditions): (1) Minimum area surrounding the proposed location: 200,000 sq. fi. of contiguous vacant land restricted from future residential development by deed for the duration of the property's use for the wireless facility; and (2) Maximum height: 45'; and (3) The structure is a monopole with interior-mounted antennas, or a suitable unobtrusive camouflage structure; and (4) Structure is screened from view from surrounding properties by dense vegetation and trees, either planted or existing, and meeting the site design appearance criteria for residential zones in Section 280-76; and (5) Noise from base equipment, including any backup generator, measures less than 45dB at an outside location 10 feet from the equipment shelter; and (6) Minimum distance of all wireless equipment to adjacent residential property lines or street shall be no less than 500 feet. Radio emissions must fall within the Maximum Permissible Exposure (MPE) limits established by the FCC. (1) A power density analysis of the radio emissions for the proposed wireless communication facility must be provided by the applicant. The power density analysis shall be prepared and signed by a qualified professional specializing in radio communication facilities. (2) The results from the analysis must clearly show that the power density levels of the electromagnetic energy generated from the proposed facility at the x~earest point(s) of public access and the point(s) of greatest power density (if other than the nearest point of public access) are within the Maximum Permissible Exposure (MPE) limits established by the FCC which are in effect at the time of the application. (3) The power density analysis must be based on the most recent edition of FCC Office Engineering and Technology Bulletin No. 65, must cite the specific formulas and assumptions used and must show all calculations and must include simple sketches showing the spatial relationships between the facility and the points of interest. If the wireless communication facility would be co-located with an existing facility, or is designed for future expansion or co-location, the cumulative effects of all emitters now on, or likely to be on, the facility in the future must also be analyzed. (4) The power density analysis shall be based on the assumption that all antennas mounted on the proposed facility are simultaneously transmitting radio energy on all channels at a power level equal to the maximum transmitter power rating specified by the manufacturer. (5) The conclusions of the power density analysis must be corroborated by an independent radio frequency engineer retained by the Town to provide such determinations. October 20, 2009 Page 69 Southold Town Board Meeting Minutes At the request of the Buildin nspector,. .......................... ,~ ...... ~ ..... .... ~ .... ~,~,,~o, .... ~, ....... owners of wireless facilities shall provide a structural inspection report prepared by a structural engineer which verifies the structural integrity of the wireless facility and any associated antenna support structures. No ntenna support structure shall be constructed at, or remain at, a height that is taller than that required by installed and operational antennas. Site design standards. (1) All wireless facilities, including co-locations, shall be the least visually obtrusive design possible that also permits the applicant to achieve its service needs. To that end, the following design standards shall apply to all wireless communication facilities installed or constructed pursuant to the terms of this chapter: Setbacks. Antenna support structures and equipment facilities shall adhere to the setbacks for principal uses in the Bulk Schedule applicable to the zone in which the structure(s) are located, unless otherwise indicated elsewhere in this chapter. Signs. Signs shall not be permitted on facilities except for signs displaying contact information and safety instructions, which are required. Safety signs shall be in accordance with American National Standards Institute (ANSI) standards for radio frequency radiation warning signs. Contact signs shall identify all service providers located on the facility and shall include normal and emergency contact information for each. Such signs shall not exceed five square feet in surface area. Base equipment shelter. For newly constructed wireless facilities, a base equipment shelter is limited to 500 square feet in floor area. If the newly constructed wireless facility is designed for co- location, the facility may be up to 1,000 square feet. The base equipment shelter shall be constructed with a finish similar to that of adjacent structures on the property and integrated into the architectural style. Any newly constructed base equipment shelter shall be located in accordance with the minimum height and yard requirements of the zoning district applicable to the site, and up to two adjacent off-street parking spaces may be provided for service vehicles. Base equipment shelter landscaping. A screen of evergreen trees shall be planted outside the fence of the telecommunication tower base area to provide a visual screen or buffer for adjoining private properties and the public right-of-way or other vantage points accessible to the public. The screen shall consist of a double row of evergreen shrubs and trees that are of sufficient density and height to immediately screen the base equipment from view. Required front yard setback areas shall be landscaped and include shrubs and October 20, 2009 Page 70 Southold Town Board Meeting Minutes trees. Survivability of the landscaping shall be guaranteed and maintained by the applicant for the life of the installation. e. Site lighting. The lighting permitted shall be the minimum required to protect the public welfare. Facilities sited on existing developed sites shall be incorporated into the lighting plans of those sites. Outside lighting shall use fully-shielded fixtures so that the light source is not visible from beyond the property line, and no light is reflected or shone towards the sky, except in the case of structures required to follow FAA ~uidelines for safety lighting. §280 70 71. A~u~k:m. ..... :,-~a · -tv ........ a, r .........u:e: Required approvals. B. C.A. Building Permit Required. (1_) All applications for a building permit shall comply with §280-70 General Requirements for all wireless communication facilities and §280-74 Application Requirements. (2) Building permit only. A wireless communication facility is a permitted use requiring only a building permit, without the requirement of site plan approval and special exception approval if it ccnfcnr-: a,~ ~:^~...;-~ 79 to .............. ~ $cct~cn 2g0 and falls in one of the following two categories: (3) (~) New wireless facility that is interior-mounted in an existing building or existing structure in the LI, LIO, B, HB, MI, or Mil zoning districts which conforms to the following requirements: i. Interior-mounted facilities in existing buildings shall be constructed so that the outward appearance of the building or structure before and after the installation is complete is identical or nearly identical. The addition of a significant architectural feature on to an existing building that is visible from outside for the purpose of accommodating interior-mounted antennas shall require site plan approval; and ii. Base station equipment 1. Located within an existing shelter or building, not to be expanded beyond an additional ten percent of floor area; or 2. Located in an underground vault, with any above-ground components screened from view with evergreen planting; o_r 3. Entirely concealed from view with dense evergreen planting so that all equipment, shelters, fences, gates and other associated structures are not visible from any vantage point. Plantings shall be of sufficient size to achieve this screening effect immediately upon planting. 4. Noise from base equipment, including any backup generator, measures less than 45dB at the nearest property lines of all adjacent residences; or (3) (b_) .~.~.ajcr Modification, as defined in §280-69, including co-location, October 20, 2009 Page 71 Southold Town Board Meeting Minutes on an existing antenna support structure or other wireless facility holding all valid permits and causing essentially no visible change to the exterior, and which conforms to the following requirements: 73. i. Modifications causing essentially no visible change in the appearance of the exterior means that the antennas are interior- mounted in the existing structure and are not visible from the outside after installation. The base equipment area is expanded by no more than 10% of its existing floor area, and is entirely screened from view from any public or residential vantage points, including all roads, yards, and commercial buildings the public enters. Exceptionally well-designed flush-mounted antenna~ may also fall into this category if they present no visible profile protruding from the surface to which they are mounted, and are camouflaged to blend in with the background surface to which they are mounted; and ii. Base Station Equipment (as specified above in 280-71 A(2)(a)(ii) Site Plan Approval Required: (1) All applications for site plan approval shall comply with §280-70 General Requirements for all Wireless Communication Facilities and §280-74 Application Requirements. (2) A wireless communication facility is a permitted use requiring a building permit and site plan approval without the requirement of special exception approval if it conforms to Section 280-70 and falls in one of the following two categories: 6t-)(a) New wireless facility that is roof or side-mounted to an existing building or existing structure in the LI, LIO, B, HB, MI, or MII zoning districts which conforms to the v -following requirements: i. Roof-mounted facilities shall conform to the following requirements: 1. Visual impact minimized to the greatest extent possible; 2. Height limited to no more than 10 feet above the highest point of the building; and ii. Side-mounted facilities shall be flush-mounted and painted or otherwise camouflaged to blend with the faqade or background materials of the structure; and iii. Base Station Equipment (as specified above in 280-71 A(2)(a)(ii); or (3)(b) Majv, r Modification, as defined in §280-69, including co-location, to an existing wireless facility holding all valid permits in the LI, LIO, B, HB, MI, or MII zoning districts and causing a visible change to the exterior, and which conforms to the following requirements:. Co-locations shall not extend the height of the structure more than ten feet over the original approved structure. To prevent the incremental extension of height over time, any subsequent application with a proposed extension beyond the first ten feet October 20, 2009 Southold Town Board Meeting Minutes Page 72 shall require special exception review and approval; and ii. Base Station Equipment (as specified above in 280-71 ^(2)(a)(ii). C. Special exception. All applications for special exception shall comply with the standards in §280-70 General Requirements for all Wireless Telecommunication Facilities and §280-74 Application Requirements. Text of former §280-71 and amendments moved to §280-70 of this Amendment. Text of former §280-72 moved to §280-71 of this Amendment. §280-72. Site plan approval. A. Standards. In addition to the standards in Article XXIV and the standards in §280-70 herein, all wireless facilities, including co-locations, shall be the least visually obtrusive design possible that also permits the applicant to achieve its service needs. To that end, the following design standards shall apply to all wireless communication facilities installed or constructed that require site plan approval: (1) Camouflage on buildings. Wireless antennas, if mounted on a building fagade, shall be flush mounted and painted or otherwise treated to blend with the fagade. When a wireless communication facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind existing architectural features to limit its visibility from public and residential vantage points, yet permit the facility to perform its designated function. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette. If antenna~ are part of the stepped back facility, the applicant shall submit an access control plan that precludes inadvertent access to the front faces of the antennas by building workers and the general public. The wireless communication facilities shall blend in with the existing building's architecture and shall be painted or shielded with material which is consistent with the design features and materials of the building (2) Access. Access to wireless facilities shall be from already established site access points whenever possible. (3) Dish antennas. Dish antennas shall be colored, camouflaged or screened to the extent that they are as unobtrusive as possible, and in no case shall the diameter of a dish antenna exceed six feet. (4) Electric line setback. Except for wireless facilities specifically designed for mounting on electric transmission towers, or within the footprint of such towers, no wireless communication facility shall be located nearer to any overhead electric transmission line carrying more than 220 volts than a distance equal to the facility's height above the roof or other permanent structure to which it is attached. Co-location. Wireless communication facilities shall be designed to provide for co-location by multiple providers or designed so that they can be retrofitted to accommodate multiple providers, wherever possible. Scenic landscapes and vistas. All antenna support structures which are not concealed inside of buildings or screened by existing trees or buildings, must be (5) (6) October 20, 2009 Page 73 Southold Town Board Meeting Minutes. surrounded by a planted buffer of dense tree growth. An antenna support structure that is located within a scenic vista or scenic landscape or within 300' of a scenic road, as designated by the Town, shall not be taller than ten feet above the height of trees within a 300' radius of the proposed location, or 35' maximum in the absence of trees. (7_) Color. Antenna support structures in the form of monopoles or other towers shall either be blue/gray in color, or be colored appropriate to the context of the structure's location so that the tower is as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA). If a wireless communication facility is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the colors of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. (8_) Wireless facilities sited within new structures meant to mimic some other (10) structure or natural feature must be designed at a scale compatible with tbe community, be unobtrusive, and characteristic of the area. Antenna support structures in or adiacent to residential zones. Where the site proposed for an antenna support structure is located within a residential zone or has one or more property lines abutting or on the opposite side of a street from a residential zone or use permitted in a residential zone, no antenna support structures may be constructed unless adequately screened from view of those residential zones by existing buildings or large trees, including evergreens. The structure may protrude no more than 10' above screening buildings and/or trees. In the absence of an adequate arrangement of existing large trees or buildings to provide effective screening, the height of the proposed structure may be no more than 35', and the base equipment must be buried in an underground vault. Two rows of evergreen trees must be planted encircling the structure, one row at a distance from the structure of 50% of the height of the structure, and the other at 90% of the height of the structure. Transplanted trees shall have a minimum caliper of three inches, spaced thirty-feet on center. The trees must have an expected height at maturity of at least 10' less than the height of the structure to be screened. Smaller evergreen shrubs must be used to fill in the gaps in between for screening during the time the trees are filling in and maturing. The Planning Board may vary the arrangement of the trees and shrubs to accommodate specific site conditions, and accomplish the goal of screening the facility from view of residential properties. A written guarantee from the wireless facility's owner shall be required to ensure that the plantings survive and are maintained throughout the existence of the installation. Commercial and industrial siting. Antenna support structures to be sited on developed commercial or industrial properties shall be located to the rear of other principal buildings and shall not encroach on planting buffers, parking areas or otherwise impair the operation of previously approved systems such as stormwater drainage basins. Existing buildings and structures should be used in the siting of freestanding towers to contribute to the visual screening of the October 20, 2009 Page 74 Southold Town Board Meeting Minutes antenna support structure. §280~7~. Special exception approval. A. Authority. For the purposes of this section, notwithstanding Article XXV of hhe-8outhotd To',:m Czdc this Chapter, the Planning Board shall be empowered to issue a special exception approval for wireless communication facilities, subject to the provisions of this chapter. ~v~; ......... ~ A~:.c!e Y~XV in '~'~' *~'~ m n~:~ o~ :~ ~, ..... :~...:~ ~, .... ~ B. Standards. In addition to the standards in Article XXV of this Gode-Chapter, no special exception approval shall be granted unless the Planning Board specifically finds and determines the following: (1) Construction of the proposed facility or modification of the existing facility is a public necessity, in that it is required to meet current or expected demands of the telecommunications provider and to render adequate service to the public. (2) The applicant has made substantial effort to co-locate with existing wireless facilities, or, failing that, has made substantial effort to locate on municipally- owned land or structures, or within or on existing buildings or structures. (3) There are compelling reasons which make it more feasible to construct the proposed facilities rather than alternatives. C. Matters to be considered. In addition to the matters to be considered in Article XXV of this Chapter, the Planning Board shall give consideration to the following in issuing a special exception approval for wireless communication facilities: (1) The proposed antenna support structure must be demonstrated to be the lowest height above the ground feasible to achieve the service needs of the carrier(s). The rationale behind the explanation by the applicant must be corroborated by an independent consultant hired by the Town. (2) The wireless communication facility has been situated to minimize its proximity and visibility to residential structures, residential district boundaries and landmarks designated by Town, federal or state agencies. (3) The wireless communication facility is designed and situated to be compatible with the nature of uses on adjacent and nearby property. (4) The wireless communication facility has been designed to use the surrounding topography to minimize its visual impacts. (5) The wireless communication facility has been designed to use the surrounding tree, building or foliage coverage to minimize its visual impacts. (6) The wireless communication facility maximizes design characteristics to reduce or eliminate visual impacts and obtrusiveness. (7) Other adequate conditions have been placed on the wireless communication facility which will minimize any adverse impacts of the facility on adjoining properties. D. Expiration. October 20, 2009 Page 75 Southold Town Board Meeting Minutes (9 Any special exception approval granted under this article shall have a term of five years, commencing from the grant of the special exception, which may be extended for an additional five-year term upon application to the Planning Board. On a renewal application, the applicant shall demonstrate that the wireless communication facility is in compliance with all applicable laws, rules and regulations and with all of the conditions of the special exception approval and site plan, that the facility is necessary to provide adequate service, and that there is no reasonable alternative available to the owner which will provide adequate service without the continuing use of the facility. Subsequent special exception renewals shall be subject to review by the Planning Board and subject to such §280-74. Application requirements. A. Fees. The following fees are in place of those required in other sections of the code. (1) Building Permit Application Fees ii.a. Majzr modification $500 iii.b. New facility $750 (2) Site Plan Application Fees i.a. Major Modification. ii.b. New facility (3) Special Exception Application Fee (4) Review by independent consultants. a. Upon the Planning Board's determination that referral to the Planning Board's consultant(s) is deemed necessary, an escrow account for the applicant shall be established with the Town Comptroller's Office. Said escrow account shall be established prior to the Town's referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Town Planning Director. Upon the determination that any application shall be subject to the Town's review aided by consultant(s) as set forth herein, no $1000 $2000 $1000 October 20, 2009 Page 76 Southold Town Board Meeting Minutes application shall be considered complete for review purposes unti! an escrow account is established and funded. Withdrawals from said escrow account may he made from time to time to reimburse the Planning Board for the cost of its consultant(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to ¼ of its initial amount, the Planning Board shall notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to ½ of the initial deposit or to such sum as deemed necessary by the Committee. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the reviewing Board may suspend its review of the application. The consultants will work under the direction of the Town Planning Director. Copies of the consultants' qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultants' report prior to any decisions being made. Building Permit Application (1) The following application requirements are in addition to those required in §144-8 (C). a. Written analysis demonstrating the project complies with the Maximum Permissible Exposure regulations in accordance with §280-70(J). b. Written documentation as to the facility's structural compliance with local, State and Federal Codes. c. Copies of all applicable FCC licenses, notices of proposed construction or alteration, federal environmental impact statements and other documents verifying compliance with federal, state and local regulations. d. Propagation maps shall be submitted for existing coverage from existing surrounding and/or approved sites, coverage from all alternative sites considered and coverage from the proposed site. Propagation maps shall include a minimum of three signal strength depictions {-75dBm, -85dBm and ~95dBm) and any other signal strength levels deemed appropriate by the applicant based on the applicant's documented coverage and reliability needs. e. A 'gap map" prepared and signed by a qualified radio frequency engineer and overlaid on an "existing coverage" background propagation map demonstrating the area(s) within which the applicant's existing service is not adequate. In addition, a search ring shall be depicted indicating where the wireless communication facility needs to be located in order to provide adequate signal strength and/or capacity to the target gap area. The applicant must explain and document its standards and criteria for adequate signal strength, capacity and reliability and must demonstrate to the satisfaction of the Planning Board why these standards and criteria are applicable to the Town of Southold. f. Digital files of the propagation and gap maps, including attribute October 20, 2009 Page 77 So~athold Town Board Meeting Minutes information, in a Geo~aphic Information System (GIS) format and projecting that is compatible with the GIS technology currently in use by the Town of Southold. g. A copy of the deed or lease a~reement establishing applicant's fight to use the parcel on which the wireless communication facility is to be locatext. h. Other information deemed necessary to assess the compliance with this law. (2) Once the application is received in the Building Department, it will be forwarded to the Planning Director for report and recommendations on compliance with §280-71 General Requirements, §280-72 Requirements for Permitted Use, and any technical consultant reports that may have been required. No building permit for a wireless facility may be granted prior to this report being submitted to the Site Plan Application. The following application requirements are in addition to those required in §280-133: (1) Seven copies of:~ .... ~:~,~ ~. .....· ~.~n '~'~o~ ~ pl ...................... ~ ...... ~.j the com eted Building Permit Application required under §280-73(B). (2) Aeronautical study or appropriate consultant's report demonstrating that the proposed facility will not constitute an obstruction or hazard to air navigation. (3) Visual Impact Analysis - renderings or computer graphics illustrating the appearance of the completed facility from residential and public vantage points to be determined by the Planning Board. (4) Adjacent land uses, structures and zoning within 500 feet. (5) The location in latitude and longitude, type and height of the wireless communication facility. (6) A list of other carders already located on the facility with the number, type, height, orientation, effective radiated power, number of channels and operating frequencies of each antenna, including the proposed. (7) Digital information about the facility (AutoCAD, Shapefile) that can be imported into a geographic information system depicting the search ring of the proposed facility. (8) A photo of the facility, if already existing. (9) Location of landmarks listed by federal, state or Town agencies within 300 feet. (10) Distances between the proposed facility and the following: a. the nearest residential structure, b. the nearest property line with a residential use, c. all other structures. d. Roads, rights of way, driveways (11) Fall zone radius and distance (12) Proposed means of access (13) Elevation drawings with dimensions clearly indicated, including diameter or width of the structure at its widest and narrowest, and the tallest point including antennas or lightening protection. (14) Other information deemed by the Planning Board to be necessary to assess compliance with this law. Special Exception Application. October 20, 2009 Page 78 Southold Town Board Meeting Minutes To make the determination on an application for special exception, the Planning Board shall require the following in addition to the requirements of Article XXV of this Chapter: (1) Each application shall include: a. One copy of the building permit application b. One copy of the site plan application c. Each application shall include a written site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. d. Other information deemed by the Planning Board to be necessary to assess compliance with this law. (2) The applicant shall document to the satisfaction of the Planning Board that a good-faith effort has been made to locate or co-locate on existing towers or other available and appropriate buildings and structures, that it is not feasible to co- locate on an existing facility and that the proposed location is necessary to provide adequate service to the public. The documentation shall include a notarized statement by the applicant as to whether construction of the wireless communication facility will accommodate co-location of additional antennas for future users. (4-)(3) The Planning Board and Planning Department may retain technical consultants as they deem necessary to provide assistance in the review of the needs and site location alternatives analyses and other matters that the Board deems necessary. The applicant shall bear the reasonable cost associated with such consultation, which cost shall be assessed as an additional application fee. The consultants will work under the direction of the Town Planning Director. Copies of the consultants' qualifications, findings and reports shall be made available to the applicant upon acceptance of the final draft of the report by the Planning Board. ((~) The applicant must explain in writing to the Planning Board why it selected the proposed site, discuss the availability or lack thereof of a suitable structure within the search ring for collocation, and the extent to which the applicant has explored locating the proposed facility in a more intensive use district. Correspondence with other telecommunication providers concerning collocation is part of this requirement. The applicant shall also provide evidence supporting the existence of inadequate service. This may include the propagation maps cited above, drive test maps, traffic studies, customer complaint logs and similar data. The applicant must also demonstrate to the Board that the proposed facility satisfies the demonstrated service deficiency to an equal or greater degree than any of the reasonably available alternatives. §280-75. Historic buildings and districts. No wireless communication facility is allowed on any designated landmark property or district listed by federal, state or Town agencies, except as specified below, and subject to § 170 Landmark Preservation: A. Any wireless communication facility located on or within an historic structure listed by October 20, 2009 Page 79 Southold Town Board Meeting Minutes federal, state or Town agencies shall not alter the character-defining features, distinctive construction methods or original materials of the building. B. Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully reversible. C. Wireless communication facilities within an historic district listed by federal, state or Town agencies shall be concealed within or behind existing architectm'al features, so that they are not visible. Text of former §280-76 moved to §280-71(M) of this Amendment. §280-q-g 76. Removal and height reduction A. Any wireless communication facility that is not operated for a continuous period of 12 months shall be deemed abandoned. At that time the owner of the wireless communication facility or the owner of the property where the wireless communication facility is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this Article. In the case of a wireless communication facility on preexisting structures, this provision shall apply to the wireless communication facility only. If the wireless communication facility is not removed within the said 90 days, the Building Inspectors may, --':'~' '~' ......... ~ ^c,~,~ ~r ..... .... , g~ve the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. ~r~ .... · ^c n ~:,~ -~ .......... ~ ....... :~,:^~ r~:~:, .....a~ ~o ~,~,q,~ All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a wireless communication facility shall be assessed against the land on which such wireless communication facility is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute alien upon such land. If the owner of the facility and the owner of the property upon which the facility is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the facility and the owner of the property upon which the facility is located, with the assessors who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. Height reduction. Where antennas are moved to lower heights on an existing antenna support structure, and the full height is no longer needed, the overall height of the structure shall be reduced. No antenna support structure shall remain at a height that is taller than that required by installed and operational antennas. This section is enacted pursuant to §10 of the Municipal Home Rule Law to promote the October 20, 2009 Southold Town Board Meeting Minutes Page 80 public health, safety and general welfare of Town citizens through removal provisions to insure the proper decommissioning of wireless communication facilities within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law §64(5-a) and govern the subiect of removal of wireless communication facilities in this chapter. §280-78 77.~nJ, v..~,,...,,.~-~:-~..,~,.~ ugz: Pre-existing antenna support structures and antennas. A. Pre-existing transmission support structures and antennas, for which a permit has been issued prior to the effective date of this article, may continue in use for the purpose now used and as now existing, subject to the conditions of that permit. Preexisting transmission support structures and antennas may not be replaced, structurally altered, or added to without complying in all respects with this article. The issuance of permit renewals or other new permits for such facilities shall be in accordance with the provisions of this article. Preexisting transmission support structures and antennas without the proper permits shall be considered out of compliance with this article. B. Any wireless service provider with at least one preexisting transmission support structure or antenna in the Town of Southold that is out of compliance with the building and zoning requirements in this Chapter, prior to the adoption of this article, shall not be eligible for any new approvals until the preexisting transmission support structure or antenna is brought into compliance with this article. C. Until all required permits are secured, no issuance of any new permit shall occur for a request to co-locate, attach, or share an existing transmission support structure, when such existing facility is found to have one or more antennas or mounts without permits. D. Any application by a wireless service provider shall be deemed incomplete, if that provider has a preexisting transmission support structure in the Town on which there is any antenna or mount without permits, and said application shall not be processed until that facility is brought into compliance with this article. §280-79 78. [~] Waivers of criteria. In approving a site plan or special exception, the Planning Board may waive or modify the following criteria if they find that the goals and stated purposes of this law are better served by doing so, and that there is no detriment to the public health, safety and welfare. A. Section 280-70 H (2). Maximum Height: 80 feet (1) In commercial zones, where co-location will achieve the result of fewer antenna support structures, the Planning Board may modify 80 foot height restriction with the condition that the antenna support structure be constructed so that antennas can be installed at any height on the structure, and that the overall height of the structure can be reduced if antennas are moved to lower heights. No antenna support structure shall remain at a height that is taller than that required by installed and operational antennas. The applicant must show that co-location of other carriers is likely by demonstrating that coverage or capacity gaps of other carders are located in the same area as the proposed structure. B. Section 280-70 H (3). Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. (1) This setback requirement may be modified upon a showing by the applicant that the actual distance of the antenna support structure to the residential structure is minimized to the greatest extent possible. C. Section 280-72 A (6). Scenic landscapes and vistas. October 20, 2009 Page 81 Southold Town Board Meeting Minutes (1) The requirement of planting of surrounding tree coverage and foliage to account for existing vegetation and land contours may be modified by the Planning Board but only in cases where it can be shown that the existing vegetation achieves the purpose of concealing the structure. D. Section 280-70 M (1) d. Base landscaping. (1) The requirement of planting of screening vegetation may be modified by the Planning Board in cases where it can be shown that existing screening that accomplishes the goal of concealing the base equipment shelter from other properties and roads. E. Section 280-72 A (9) Antenna support structures in or adjacent to residential zones. (1) If the structure is located on a property that is adjacent to a residential zone, the Planning Board may modify the requirement of planting of surrounding tree coverage and foliage in cases where it can be shown that existing vegetation and land contours achieve the purpose of concealing the structure from nearby residences. F. Section 280-76 B. Pre-existing antenna support structures and antennas not in compliance (I) The provision requiring pre-existing non-conforming facilities to be brought into compliance may be modified by the Planning Board where such facilities would be required to be rebuilt or relocated to be in compliance, if, in those cases only, the applicant demonstrates that those pre-existing facilities, given the carder's coverage or capacity needs, are already located in a place that would comply the same or better as any alternate locations, or are already constructed to be as unobtrusive as possible. §280-8079. Severabilit~. The various parts, sections and clauses of this article are hereby declared to be severable. If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. §280-8t80. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. I am going to ask our Planning Director to summarize this. She has done much of the work on it. Before doing that, I will just say that the legal notice has appeared in the local newspaper, it has appeared on the Town Clerk's bulletin board outside, I have several other notes in the file here of interest and one of them is from the Suffolk County Department of Planning. They have determined that this application which has been submitted to the County Planning Commission is considered to be a matter of local determination as there is no apparent county wide affect. We have a memo from the chair of the town's Planning Board, a local law in relation to amendments. The Planning Board supports amending the wireless communication facilities code. While the code enacted last February was necessary and useful, in practice it has proved to need some changes in order to make it more understandable and more flexible. And there are a number of suggestions and recommendations that the Planning Board has made to us. There are several additional notices in here but I think maybe the best thing would be to let the Planning Director summarize this to the Board. Heather Lanza, Planning Director October 20, 2009 Page 82 Southold Town Board Meeting Minutes HEATHER LANZA, PLANNING BOARD DIRECTOR: Thank you, Tom. Okay, I will try to make it quick, there is kind of a lot here. Basically, you see a lot of cross outs in the code. A lot of that is because we moved chapters around to improve the overall flow. The code was a little difficult to read and understand once we started using it, so we thought we should switch things around and make it flow a little more logically. The general requirement section we moved to the front and site design standards were located all the way at the end, we moved those up into general requirements. We made some minor changes to the definition section, 280-69, basically we merged the two categories, major and minor modifications into a single definition and moved the last part of it out into ordinary maintenance and that was to let wireless carriers maintain their equipment without having to get a building permit every time. Other minor changes for clarification included replacing the word tower with our more expansive antenna support structure in the definitions and also the section regarding the process by which the town retains an outside consultant for technical review in 280-74a4, we just elaborated on that and made it a little more clear how that was supposed to go. On the significant changes, we made, well, we are proposing in this code change are basically needing more flexibility in the code. Looking at a lot of the applications that have come in over the last 8 months, we have seen where there are cases, for instance, where a co-location would make more sense and if you stuck exactly to the way the code was written for the maximum height you would end up with more towers rather than less which was the whole point of these code amendments. So the waivers of criteria section was added at the very end, 280-77 and basically allows the planning board to waive certain criteria for certain reasons. Should I run down what those are? Unless there are question, I could quickly .... SUPERVISOR RUSSELL: Just very briefly. MS. LANZA: They can waive, they can modify the height restrictions in certain cases where pole location achieves the results of fewer antennas but only in the commercial zones. They can waive or modify the minimum distance to residential property lines or streets but only in commercial zones where the setback requirements, well, they have certain criteria they have to go through to be able to do that. They can waive some of the landscaping requirements, if there is already landscaping there or land contours or buildings that already screen the thing and for preexisting support structures, they can waive the requirement that they comply to the new code if it is going to result in less towers in the end. That is generally how that goes. The section on preexisting, nonconforming wireless facilities, we made that more clear and put in more detail so basically preexisting towers can continue to operate but they have to comply with this article if they add to it. Co-locations can be, can only be added to a preexisting facility if it complies with the article or is made to comply. Again, the proposed waiver section gives the Planning Board some leeway there, and then, an existing carrier, a carder with an existing location that is not in compliance has to bring those other locations into compliance before they can locate in other places in the town. Last, the Planning Board, this is from their memo, they had several suggestions for changes to these amendments as proposed. In 280-70f, fall zones, just clarifying how the smaller fall zone can be determined by the engineer, it is just a few additions to the code language. Very simple stuff. Interior mounted antennas, there wasn't, the code was unclear about the setbacks of the base equipment, so this would just clarify that. Number 3, oh, we had been advised by the Department of State that we couldn't restrict these towers from wetlands and October 20, 2009 Page 83 Southold Town Board Meeting Minutes other places that have other agencies with jurisdiction but then upon further conversations, they suggested that we could just mirror the language in section 240 and add the language without a permit. Antenna support structures are not located in the following areas without a permit from all jurisdictional agencies. So you could actually keep those, that section in there with that caveat, the additional language. There is a mistake in that last section C, in the Planning Board comments. It shows within 500 feet of residences as staying in but we recommend it stays struck as in the proposed language because we moved it to section 280-78. And the last suggestion of the Planning Board was that the wireless facilities planning guide be finalized so that we can all use it to help with the application process. And that is it. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on the issue of wireless cell tower proposed legislation? Marie? Marie Domenici, Mattituck MARIE DOMINICI: Hi. When, I don't remember how long ago but when you guys started talking about cell phones, I was, cell phone towers, I was very much opposed to having you know, too many of them put into the town for various reasons and the most important reason to me is health related issues. I know that by law, that you are not, it doesn't matter if health, it should not be part of the picture but I have to tell you that I mean, there is so many things that come as a result of health issues that people are probably not aware and I urge you to arm yourself with good information because this has an impact on your families as well as other people's families. The impact on children is incredible. So my question is, is there going to be a cap on how many cell tower things are going to be in our town? Or is just going to be as the many companies apply to it, then they just get it? COUNCILMAN WICKHAM: I think the cap will be determined by the economic incentives of the company. And no company is going to want to put up these things that cost hundreds of thousands of dollars if they can get by with fewer of them. I think there will be, shortly, a maximum. And furthermore, I wouldn't be a bit surprised if in some years in the future, many of them will be removed when a whole new technology comes out and they won't even need those things. MS. DOM1NICI: But currently, isn't there something like 11 or 12 cell towers in Southold? I have the statistics but I don't remember what they were. But there were quite a few. SUPERVISOR RUSSELL: Yes, at least. COUNCILMAN WICKHAM: Yes, there are. At least. MS. DOM1NICI: And some of them are truly not in compliance with the fall zone because some of them, if they do fall, will fall on the police station or fall on Route 48, so how does that impact, like the ones that have already been there, are they grandfathered because they are there? SUPERVISOR RUSSELL: Well, they are preexisting, nonconforming status. Like any structure, they would have to go through the process to upgrade or to replace the structure and follow the new rules. I think you need to understand, though, that this is to restrict cell towers, October 20, 2009 Page 84 Southold Town Board Meeting Minutes this legislation and I remember having this discussion with you last year. The legislation prior to this was fairy lenient. The idea was that we are trying to restrict and make site selection more appropriate through this legislation than to have just anybody that wants to apply for a cell tower come in and get one through the Zoning Board of Appeals process. MS. DOM1NICI: Now are the bulk of the permits that are coming in, is this for town property use? SUPERVISOR RUSSELL: The applications that are before the Planning Board, I can't speak to them but my suspicion is they are probably almost entirely on either private property or generally some type of municipal corporation such as a park district or a fire district. MS. DOM1NICI: Okay. Well, I remember in the last conversations that we had about this, putting a cell tower in a park district or a beach is really not wise on your behalf. And again, I will talk about health issues and you know, ifI am wrong nobody gets hurt but if you are wrong, everyone get hurts. Your family as well as our families. SUPERVISOR RUSSELL: We agreed with you and I think that is why we proposed that legislation because there were two pending applications, both located at heavily attended public beaches. One in north Mattituck, one in the south end of Mattituck on the bay. And that is was one of the watershed moments that led to this Town Board taking an effort to redo its existing cell tower code. MS. DOMINICI: Now the question I also have is for current towers that exist with however many vendors that are on those towers, there has got to be with just like the LIPA lines that cross Route 48 and Sound Avenue, there was a time when those lines only carded about 29,000 watts, now they are at 69,000 watts. Does that also apply to cell towers where right now they will be emitting so many thousands of watts and can that increase with each new vendor that gets on the pole and what kind of health issue does that propose to this community? SUPERVISOR RUSSELL: We put through this legislation the onus on the applicant to prove that it is not harmful to the public but you do need to remember that we are limited as to what we can legislate because of preemption. The federal communications commission regulates cell towers, not towns. So we are limited as to what public health safety benefits or protections we can put in the legislation, the FCC already rules on that and they are the ones that promulgate those types of legislation requirements. But we did put the onus on the applicant to prove that it is not going to be harmful. MS. DOM1NICI: But you realize, Scott, that there is two sides to every story. SUPERVISOR RUSSELL: Mmmhmm. MS. DOMINICI: So if the cell tower vendor is coming in and saying here is the documentation that I have that says everything is good and you know, life is good and your phone service will even be better but in the interim you know that there is opposition, you know, information that is October 20, 2009 Page 85 Southold Town Board Meeting Minutes opposing that. And just because the cell tower provider comes and says hey, life is good here, no proble~ns; that is really not looking at it from both sides of the coin. SUPERVISOR RUSSELL: I trust you didn't read all of the legislation that is there? MS. DOM1NICI: You trust correctly. SUPERVISOR RUSSELL: We, then let me tell you, we don't actually let the cell tower applicant pick the consultant to come and tell us that everything is a bed of roses. They merely have to pay for it. We select the consultant, so that it will be our consultant that will determine the health or the risk to health of any application. They merely get stuck with the bill. That way we make sure that the process is impartial and scientifically accurate not simply advocacy. We recognize in applications you pay for what you get and we are trying to avoid that by selecting our own consultant and making them simply pay for it. MS. DOMINICI: Okay, there is another question I had. Let me just see, oh, structural inspections, now is that, where is the onus? Is that on the owner of the tower or is that....? SUPERVISOR RUSSELL: Ultimately structural inspections of any kind for health safety issues would fall with the town, the towns building inspector. MS. DOMINICI: Okay, now when we issue permits, is there a life expectancy of that permit? Is it a two year, five year, ten year, what is the life expectancy? SUPERVISOR RUSSELL: Building permits are actually by state law, I believe they are good for up to one year with I think, up to two six month extensions presuming you ask for the extension prior to the expiration of that permit. Rules change every day, so the idea is that building permits aren't these free floating documents that let you undertake something five years from now. they need to be reviewed every time laws change, particularly state building code. MS. DOMINICI: So is the onus on the town to say, hey, AT&T, you permit is up six months ago or we are just waiting for them to come back to us and say oh by the way, I need to renew my permit? Because most times things like that just don't .... SUPERVISOR RUSSELL: Permit for construction? COUNCILMAN KRUPSKI: No, I think you are on different .... SUPERVISOR RUSSELL: Okay. MS. DOM1NICI: We are on different wavelengths. COUNCILMAN KRUPSKI: Yeah. COUNCILMAN ORLANDO: Radio wavelengths. October 20, 2009 Page 86 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: You meant, Scott is talking about the permit itself when it is issued, how long it is good for before the structure is built and completed and I think you are talking about, I think once the structure is built with the permit I think that is it. MS. DOM1NICI: That is it? COUNCILMAN KRUPSKI: It is good. Yes. MS. DOMINICI: Okay. So there is no further financial implication on the provider? COUNCILMAN WICKHAM: Well, there some. For example, if they discontinue the use of it, they have the requirement to take it down completely. If there is any modification to it, if they change it in any significant way, they have to come back to the town and get another permit for that. If another provider wants to co-locate on that same, and we are encouraging the co-location on one tower so that we don't have a proliferation. Again, it has to go back through this whole process. MS. DOMINICI: Okay. Alright. Well, I probably have 30,000 other questions; one last question, you talk about site lighting, is that going to be in compliance with dark skies kind of thing? SUPERVISOR RUSSELL: Everything the Planning Board is producing now is in compliance with dark skies guidelines. MS. DOMINICI: Alright. And outside of that, I will leave you this document ifI may, it talks about health concerns in children and pregnant women and other workers and things of that nature. You can read through it in your spare time and thank you for your time. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? MELANIE NORDEN: Hi, Melanie Norden, Greenport. Tom, I wonder if you could elucidate for me the comments that you made earlier regarding letting the economy takes care of this issue and how that fits into our notion of comprehensive planning? I mean, when we talk about planning, we really talk about our being in the drivers seat. We do not talk about economic factors dictating the future of the Town of Southold. Now how about if cell towers don't go out of fashion or out of style? Are we really saying the more the merrier? And as many as we want and if the economy supports it, we will support it? COUNCILMAN WICKHAM: You asked me and I will just give my own view. MS. NORDEN: Okay. COUNCILMAN WICKHAM: Other Board members may have their own views. We have been talking about doing comprehensive plan. A plan, a comprehensive plan should include some October 20, 2009 Page 87 Southold Town Board Meeting Minutes planning for the infrastructure. I started out several years ago with very, with rather strong views against the whole cell phone industry. I have come to view the use of cell phones as rather important. Important to me, important to all of the people I see who are using them constantly and I changed my view a little bit to the extent that I view now the use of cell phones as an important part of the, and providing for them, an important part of the infrastructure of this town. In order to use that infrastructure effectively, the companies that sell cell phone services have to have a certain coverage and a certain number of units in this town at certain distances so that calls don't get dropped and so that there can be a number of calls in the same location. There are, I believe, three maybe four primary companies that provide cell service in this area. Each of them has to have a network of these aerials, of these antennas if they are going to provide reliable service in our community. Exactly where they are going to be located really can't be specified by the town. They can only be specified by their own people who know how far their signals go, what coverage they have, how many people they are trying to serve. It is not, I have had some disagreement with other board members and they probably have different views but I don't think it is appropriate or realistic to expect the town to tell those companies where they can place there .... MS. NORDEN: Right. But I was addressing not where, I was addressing how many. COUNCILMAN WICKHAM: How many of them really is a function of location. Because if you have a good location and a relatively high place, it can extend a long ways and you don't need another one for a long ways. If you have one set down in a valley someplace, you are going to have another one pretty close. So they are related. My expectation is that there is not going to be a great proliferation of these things in the town provided we can have them located in a few key places and we can have promote co-location so you get two or three different companies all located on the same aerial. MS. NORDEN: We are promoting it but we are not establishing it as a prerequisite or a requirement and so it may be to the advantage of one provider not to co-locate and there is nothing that will assure us that in fact, we are going to require that. COUNCILMAN WICKHAM: It is somewhat unfair and I can't speak to the legality of it but it is somewhat unfair for the town to encourage one company to establish a network in this town and then bar a competitor .... MS. NORDEN: Oh, I am not suggesting that. But I am just saying co-location is not, we wouldn't necessarily, according to this legislation we are going to bar nobody. And co-location is not a requirement and so in point of fact, we could have lots of cell towers providing services to all of Long Island and beyond not necessarily providing simply services to the people of the Town of Southold. And all I am saying is, to suggest that we let the economy drive this part of planning is indefensible from my perspective. COUNCILMAN WICKHAM: Well, the maximum number, your question is the maximum number? October 20, 2009 Page 88 Southold Town Board Meeting Minutes MS. NORDEN: Right. COUNCILMAN WICKHAM: I think it is unrealistic for the town to specify a number. However... MS. NORDEN: Tell me why that is unrealistic. COUNCILMAN WICKHAM: Because I don't think we are in a place, in a position to define that number. However, the legislation that we are adopting and that we did adopt last February gives us many opportunities to turn down applications. And it is not as if this is just opening the floodgates for every applicant who wants to come in and put one where he wants. In fact, there are many conditions here, there are many criteria by which the town can and will mm down applications. SUPERVISOR RUSSELL: I also think, if I am not mistaken, we do make co-location the first order of business. MS. NORDEN: Is that a requirement? MS. LANZA: Yes. In the code right now, the code that we passed last February, there are places and if you are going to put up a new tower, you have to prove that you can't co-locate somewhere else. And that has to be, the proof has to be reviewed by our own technical consultants and radio engineers to make sure that that is true. MS. NORDEN: Right. MS. LANZA: So there is a requirement in there for co-location. There are several places where it is required. MS. NORDEN: Yeah, I understand that. No, I am just concerned with the idea that we are going to let any outside factors dictate our future without somehow shaping it ourselves. I think that is a very slippery slope and if we can make that argument for cell towers, we can make that argument for real estate, for just about any other factor that affects the lives and the future and the health and the well-being of anyone in Southold. We should be and we must remain or get into the drivers seat. Thank you. SUPERVISOR RUSSELL: I want to just, I don't think Tom meant to suggest that we are going to cast fate to the economic wind. As a practical reality, cell towers are regulated by federal law. We have exerted ourselves as much as we can legally to control sound siting, safe siting, reductions in visual, all of those negative aspects of cell towers by trying to demand co-location unless they can prove otherwise, by proving to us that they need the cell tower they are applying for, they have to do the aerial surveys of service. We put a lot of onus on them now. That was always absent before. This hopefully will reduce the need or the application process for cell towers, not increase it. That is why we undertook this... October 20, 2009 Page 89 Southold Town Board Meeting Minutes MS. NORDEN: Let me ask you just as a point of reference, what is the relationship between say federal law, in this case the FCC and the SEQRA review process? SUPERVISOR RUSSELL: Well, unfortunately federal law preempts all. MS. NORDEN: Does it? SUPERVISOR RUSSELL: Yes. Everything flows to the top. We can declare SEQRA, pos dec, anything but at the end of the day, the FCC regulates output, all those, the frequency output, all of those things. And everybody, unfortunately, is subject, it is no different than trying to, well, it is a different issue but similar in the context of trying to deal with helicopters and having the FAA tell me, well, we can't, you can't do anything and we refuse to. MS. NORDEN: Right. SUPERVISOR RUSSELL: That is the reality of living in structured government. COUNCILMAN KRUPSKI: And we didn't rash pell mell into this. we did have a year long moratorium on this issue. The Planning Board .... COUNCILMAN WlCKHAM: 18 months. COUNCILMAN KRUPSKI: And the Planning Board staff worked really hard on this. And as Tom said, we adopted this in February and we are amending it now to try to make it more effective. It is a work in progress. MS. NORDEN: And just out of, another point of reference, Heather, do we have any application in the hopper right now? MS. LANZA: Yes. There is a big backup from the moratorium, so we have about eight at least. MS. NORDEN: And how many cell towers do we have at present? MS. LANZA: Well, they are not all cell towers. A lot of those are co-locations. MS. NORDEN: Well, how many actual, whether there is one or more? MS. LANZA: Yeah, I don't remember. I don't have the inventory right here. Somebody said 11 earlier. I think there is more than that. MS. NORDEN: Okay. So there may be 11 now, there is an eight backup. That seams like a whole lot of cell towers. SUPERVISOR RUSSELL: Yeah and .... October 20, 2009 Page 90 Southold Town Board Meeting Minutes MS. LANZA: Those eight applications, many of them are co-locations on existing... MS. NORDEN: Okay. SUPERVISOR RUSSELL: And it is a whole lot, which is why we passed legislation to try to cut down the number needed. That is exactly why we undertook this legislative initiative. So that we didn't have this proliferation of cell towers... MS. NORDEN: Right. Okay. So Heather do you think that would change then? Do you think that some of these applicants will fall off as a result of the new legislation? MS. LANZA: I don't think they will fall off. I mean, we already have good legislation here to make sure they go where they are needed and towers don't go up where they are not needed. MS. NORDEN: Right. So would you say that the primary amount of those applications are co- location applications? MS. LANZA: Most of them are. MS. NORDEN: They are? MS. LANZA: A lot of them I haven't even seen yet, so it is really hard to say, to answer that question. SUPERVISOR RUSSELL: I also think it is subject to ZBA review, so you can't answer for the ZBA in many cases. MS. LANZA: Well, it is all coming to the Planning Board but it is, a lot of these have just come into the building department so we haven't seen the actual applications, so it is really hard to answer that question. What is going to happen with them. COUNCILMAN WICKHAM: There is one other aspect of our legislation that I feel is important. And that is that we give points to locations of cell towers within existing buildings, so that it doesn't require a stark new aerial, a stark new tower. MS. NORDEN: Mmmhmm. COUNCILMAN WICKHAM: And there are buildings in this town that it tums out are suitable for these kinds of aerials. MS. NORDEN: And have you, let me just ask you, have you ever considered whether there would any kind of legitimate revenue kickback from, I don't know how else to phrase that. I mean, we give cell towers a permit, the Orient fire department or some fire department has a cell tower, they make a whole lot of money from the cell tower. Does the town receive any of that at all? October 20, 2009 Page 91 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: No. The town is not in the position right now to receive any money. Were we to host a cell tower, we could receive that as income. We are actually discussing that prospect fight now with cell tower companies. But no, we can't cut ourselves in on the action when a private homeowner or a private property owner comes in, whether it is a municipal fire district .... COUNCILMAN ORLANDO: No commission. We call it commission these days. MS. NORDEN: Right. SUPERVISOR RUSSELL: We can't carve ourselves in on the action unfortunately. MS. NORDEN: Right. And that is because? SUPERVISOR RUSSELL: That is because I don't have, we don't have the legal fight to insist on payola for... MS. NORDEN: I am not talking about payola, I am just talking about whether there would be any kind of administrative fees or anything else? SUPERVISOR RUSSELL: Other than .... COUNCILMAN WICKHAM: Permit fees, yes. MS. NORDEN: Right. That I know. SUPERVISOR RUSSELL: Site plans, ZBA applications etc. MS. NORDEN: Gotcha. SUPERVISOR RUSSELL: And annual revenue from taxes. MS. NORDEN: Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board? JIM DINIZIO: Jim Dinizio, Greenport. You know, I just glanced through it because this is the first I saw of it but one thing is good is that it looks like it doesn't go to the ZBA, it is just going to be a special exception by Planning Board? SUPERVISOR RUSSELL: Planning Board, mmhmm. MR. D1NIZIO: And I would urge this Board to do that with every special exception. Not just this. You know, Tom, your comments were following exactly what I would say quite honesty. October 20, 2009 Page 92 Southold Town Board Meeting Minutes Having listened to a number of applications, the tower or the radius that the tower will serve is finite. There is not, there is, you can't extend it, you can't make it smaller, okay?, it is what it is. Now, topography has something to do with it, Long Island is flat. I mean, (inaudible) you got a problem there but that is a problem, now, I know you have spent a certain amount of money on a study and before you had that study I had submitted a map with circles on it that tell you where they exist and where they would be needed based on the testimony that I heard from engineers during ZBA heatings. Now, one is Bayview, the firehouse in Bayview. If you had one there, you wouldn't need another one, okay? two more at the end of Southold Town, you know, in like that gully at the end of the divided highway, you need one there, and AT&T has proposed that on their maps. If you look closely at the maps that they have submitted to the Town. They have little triangles where they would like to have them. And I am kind of disappointed that you didn't look at that information because a lot of the questions you were getting and a lot of the legislation you have in here could have been, you know, hopefully answered. You don't seem to, you know, address, to me, the FCC mandate in the law, that you have a certain responsibility to ensure that the Town is covered. There is a certain responsibility. People, you know, (inaudible) people who live in the town, people who do business in the town, have an expectation that this technology will work, you know, in the town. And to my mind, what I am hearing from the audience and what I see in the law, is that you are setting up more roadblocks. Alright, you are going to hire your consultants. What does that mean? Your consultant? Is your consultant any less or any more non-partisan than any engineer who specializes in wireless communication? No. I don't think so. COUNCILMAN WICKHAM: Jim, may I respond to that? MR. DINIZIO: Yeah. COUNCILMAN WICKHAM: I think what Scott meant and what the law says, is the applicant has to come in with some scientific basis for why he wants this where he wants it. We have the right to take that information and send it our consultant to review his assertions, so they are not just pie in the sky or some statement that is designed to roll right over us. And as he said, the applicant has to pay for our review. But it is not as if we initiate it. The applicant initiates it, he hires his own specialists and experts to make a case for it, we only send it to our specialist to review his assertions. I think it is a good system. MR. DINIZIO: I disagree with it wholly. Only for the fact that, you know, the numbers are the numbers. To my mind, if you are not specifically telling them where the town needs to have towers, then you know, they have a right to ask for and in some times, get that tower. Okay? They have that right. And Tom, I understand what you are saying but it does to my mind, create an adversarial application that is unnecessary. The FCC does spell out the health risk of these cell towers and that is for the most part, what most people worry about. You know, we granted one in East Marion. That poor woman lives there with three children. I believe she is scared to death, quite honestly, that something is going to happen to her children because she has read stuffand yes, I know the government isn't always right. I worked for the industry for 15 years. I have confidence in radio frequency, certainly it is no where near the amount of energy that is put out by any radio station that people live near now. WLNG, WABC, no where near that. Quite October 20, 2009 Southold Town Board Meeting Minutes Page 93 honestly, it is not much more than the cell phone that is sitting on my belt right now. Doesn't have to be. Because it is line of sight. Certainly I would have hoped that you would have taken that map into more consideration. Certainly I wouldn't mind the town finding the locations that need to be, buying the land and telling them, here is where you have got to put the towers and getting the $600,000 a year from them to you know, it is your payola if that is what you want to call it. Get your piece of the pie. SUPERVISOR RUSSELL: The information you had given me, actually my office was the first piece of information we sat down with when we hired the consultant. It was the basis for all the decision making that flowed from there. One of the problems we had from the previous code was that we were getting applications in, not necessarily based on need but based on want. Someone would apply for it here, even though someone five parcels away had one. That is, we want saturation of coverage not everything, you know, going to the path of least resistance. That is exactly what we did with that map. MR. D1NIZIO: That is what we thought, Scott, that is honestly that is what we thought but I would have thought that the direction that the town would have gone is to number one, purchase the land for number one, the protection of the people okay, you know, I don't know, you purchase five acres, six acres or whatever it is going to take and you put the cell tower there and you put the cell tower there, and all the cell towers go there, quite honestly, them are different technologies, you know, Sprint might use different technology than AT&T but the amount of loss is not that great. Now, you want to talk about cell towers, you want to talk about going green, well, let me just put this to you. There is probably about 6,000 telephone poles out here right now that carry phones. Those have to be maintained every day by somebody. Okay? If there is 14 cell towers in this town, imagine the amount of tracks you are taking off the road. Now the Suffolk Times, because only 14 cell towers have to now be maintained and driven to once a week or whatever it takes. Lines aren't falling down, water isn't getting in the lines, there is no under construction, there is no pulling poles out, there is no poles hits. There is a lot of things that are involved with cell towers that regular poles aren't involved with that. I mean, I listen to Troy Gustavson gush about his I phone, okay, how much technology it did, he wrote this big article, this is great, I can do this, I can buy tickets. Well, he is sitting in his back yard. He has a cell tower. Someone on Bayview can't do that. Okay? so I think really this legislation should have been more in the direction of the town studying where these cell towers are needed in order to fill the obligations to service the people in the town and then from there, purchasing land and doing whatever it takes. But I will point out to you that I believe in this whole legislation, there is no ZBA approval. It is approval by the Planning Board .... SUPERVISOR RUSSELL: I stand corrected on that. MR. DINIZIO: And that is a good thing. Thank you very much. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on an issue I didn't think would turn out to be nearly as exciting as it turned out to be? Cell towers? Anybody? (No response) October 20, 2009 Page 94 Southold Town Board Meeting Minutes PH 10/20/09 4:40 Pm - Convenience Stores RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Councilman Wickham COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 22nd day of September, 2009, a Local Law entitled "A Local Law in relation to Amendments to the Zoning Code~ Article X entitled Hamlet Business {HB) District and Article XI entitled General Business (B) District" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public heating on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 20th day of October, 2009 at 4:40 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to the Zoning Code~ Article X entitled Hamlet Business (HB) District and Article XI entitled General Business {B) District" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to Amendments to the Zoning Code~ Article X entitled Hamlet Business (HB) District and Article XI entitled General Business (B) District". BE IT ENACTED by thc Town Board of the Town of Southold as follows: I. Purpose - The goals of the Town of Sonthold, as set forth in numerous planning documents over the past twenty years, include the preservation of land, preservation of the rural, cultural and historic character of the hamlets, preservation of the Town's natural environment and natural resources, promotion of a range of housing and business opportunities that support a socio-economically diverse community, and an increase in t~ansportation efficiency while preserving the scenic and historic attributes of the Town. In consideration of these goals, the Town has found that certain retail uses have characteristics that can cause an adverse impact on the public health, safety and welfare. Convenience stores, bccanse of their proximity to similar uses and their operation characteristics, including increased traffic generation, long hours of operation, bright lights, and the noise and litter problems associated with such uses, tend to be more intrusive to the community, and have the potential to cause adverse impacts. This local law is intended to mitigate the potential impacts of convenience stores by ensuring, through thc appropriate revisions to thc Town Code, that convenience stores are located on sites that have adequate on-site parking and circulation, are a sufficient distance away from similar uses and arc designed to fit in with thc community in scale, architecture, and overall site design in order to preserve thc community's character. II. Chapter 280 of thc Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. [Amended 7-31-1973] CONVENIENCE STORE - A retail store generally less than 5,000 square feet that is designed October 20, 2009 Page 95 Southold Town Board Meeting Minutes and stocked to sell prepackaged food items, beverages, periodicals and household goods for off- premise consumption. ARTICLE X Hamlet Business (HB) District §280-45. Use regulations. C. Accessory uses. The following uses arc permitted as accessory uses and except for residential accessory uses and signs, which are subject to Article XIX, arc subject to site plan review: Subparagraphs 1 and 2 - text remains the same. (3) Convenience store located with a prior non-conforming gas station use (gas stations are not a permitted use in the HB zone, however, there are a number of pre-existing gas stations in operation) shall be considered an accessory use subject to site plan review, only if the following requirements are met: (a)Maximum gross floor area of the retail store equals 800 square feet or less, including storage and counter area. (b) Parking requirement equal to one space per 100 square feet of floor area devoted to retail sales area including the sales counter and retail products storage. The gas station must still meet its parking requirement separately, however, each fuel dispenser can count as one parking space toward the convenience store requirement. (c) The physical design, including color and use of materials, of the establishment shall be sensitive to the visual and physical characteristics of other buildings, public spaces and uses in the particular location, and shall comply with the retail building standards in 280-45 A(7) (a)-(e) to the extent practicable. (d) Advertisements of any kind, including audio or visual, and including trademark logos, may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including banners or flags, and may not be displayed via outdoor monitors or t.v.s. (e_) Signs for the convenience store shall conform with Article XIX of this Chapter, and further, may not be lit from within. (_f) Formula food restaurants are not permitted within accessory convenience stores. (4) Convenience stores associated with gas stations that do not meet these requirements are considered a second principal use and must meet the minimum bulk schedule requirements (e.g., a gas station with a convenience store that is 1,200 square feet in size must have a minimum of 60,000 square feet of lot area). (5) Pre-existing, non-conforming convenience stores with the proper approvals in place prior to the enactment of this law may continue as they are with no increase in size unless they can meet the requirements for a second principal use. ARTICLE XI General Business (B) District §280-48. Use regulations. C. Accessory uses. The following uses are permitted as accessory uses and, except for October 20, 2009 Page 96 Southold Town Board Meeting Minutes residential accessory uses and signs, which are governed by Article XIX, are subject to site plan review: Subparagraphs 1 through 3 - text remains the same. (4) Convenience store located with a gas station use shall be considered an accessory use subject to site plan review, only if the following requirements are met: (a) Maximum gross floor area of the retail store equals 800 square feet or less, including storage and counter area. (b) Parking requirement equal to one space per 100 square feet of floor area devoted to retail sales area including the sales counter and retail products storage. The gas station must still meet its parking requirement separately, however, each fuel dispenser can count as one parking space toward the convenience store requirement. (c) The physical design, including color and use of materials, of the establishment shall be sensitive to the visual and physical characteristics of other buildings, public spaces and uses in the particular location, and shall comply with the retail building standards in 280-45 A(7) (a)-(e) to the extent practicable. (d) Advertisements of any kind, including audio or visual, and including trademark logos, may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including banners or flags, and may not be displayed via outdoor monitors or t.v.'s. (e) Signs for the convenience store and gas station shall conform with Article XIX of this chapter. (f) Formula food restaurants are not permitted within accessory convenience stores. (5_) Convenience stores associated with gas stations that do not meet these requirements are considered a second principal use and must meet the minimum bulk schedule requirements (e.g., a gas station with a convenience store that is 1,200 square feet in size must have a minimum of 60,000 square feet of lot area). (6) Pre-existing, non-conforming convenience stores with the proper approvals in place prior to the enactment of this law may continue to operate as a non- conforming use with no increase in size unless they can meet the requirements for a second principal use. ARTICLE XVIII Parking and Loading Areas {}280-78 Off-street parking areas. Type of Use Required Number of Parking Spaces Convenience Stores at least 1 space per 100 square feet of gross floor area of the retail store, including storage and counter space October 20, 2009 Page 97 Southold Town Board Meeting Minutes 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. The primary purpose of this legislation is to deal with convenience stores associated with gas stations. Gas stations are allowed in hamlet business only as pre-existing, non-conforming gas stations. In the business, general business zones, they are allowed there as of right. (commentary made during the reading of the public hearing) That summarizes the proposed law that is in front of us tonight. I have a notice here that it has appeared in the Suffolk Times newspaper as a legal, it has appeared on the Town Clerk's bulletin board outside. The County of Suffolk has said that this is a matter for local determination, so they are not going to weigh in on this. The principal planner and LWRP coordinator has concluded in a memo of October 19th, that this, based upon the information provided to the department, this proposed action is consistent with the LWRP policy standards and therefore is approvable as, under the LWRP. I have a short environmental assessment form that has been submitted together with the file and finally a memo from the Town Planning Board, dated October 19th. 'The Planning Board supports the concept of limiting the size and other aspects of convenience stores at gas stations. Most of the gas stations in Southold came into a being at a time in the past when there were fewer cars on the road. Site circulation, parking and traffic were much less of an issue then, allowing a gas station to operate on a very small site with no problems. Many of those sites do not offer much in the way of parking or safe circulation under crowded conditions and are thus not well suited to handle the higher volume of cars currently using their sites. After reviewing the proposed code amendments, the Planning Board offers the following. The section regarding signs is unnecessarily restrictive. The Town code already addresses advertising and window signs in article 19, which restricts them to a certain percentage of the window area. Two, the Town Board should consider adding specific language about outdoor advertising monitors to the sign code so that it applies to all businesses, not just to this one type of business, convenience. They are a new aspect of advertising that the code has not been clear about in the past and they are out of character with the community. Three, section 280-45 c 4 should state 40,000 square feet in the example instead of 60,000 square feet. The hamlet business district requires 20,000 square feet per use. And finally, the Town Board should consider adding the accessory use to the LB business zone, what I just read applies to hamlet business and general business. Their recommendation number four, the Board should consider adding accessory use to the LB business zone in addition to those two to cover existing gas stations in that zoning district, too. It appears the proposed amendments go beyond addressing only convenience stores accessory to gas stations in the definitions and parking section.' And those are the only notes in the file. Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this October 20, 2009 Southold Town Board Meeting Minutes Page 98 particular issue? Beth Sterns, Mattituck BETH STEARNS: Hi, I am Beth Steams from Mattituck. I did not hear anything that would tell me, well, perhaps you can clarify for me whether this law, this resolution that you passed relates at all to the proposed 7-11 at the Citgo station in Mattituck? I am very concerned that the 7-11 is a possibility to go in there because it exacerbates problems that already exist on that site and I really implore the Town Board to take whatever means it may possibly take to prevent 7-11 going up there, not because I personally I personally do not appreciate 7-11, although I don't, but because living in that area, I experience every day that the traffic pattern is not sufficient right now to be safe, in my view, and that I do not believe that whatever change to the traffic pattern 7-11 might provide will ameliorate the situation, I think. It may not be as bad as a traffic pattern as could possibly go in but I think it will exacerbate the situation. I am also concerned about loitering in the area, I am concerned about increased litter in the area but mostly I think that it is a safety hazard to have people coming in and out with the frequency that they will and the hours that they will. So I please, I know that this a late point in that process, but I really hope that the Board will use all creativity and diligence to prevent the 7-11 going up in that spot. We already have a number of convenience store type of or fast food type of situations in Mattituck and I see t hat further east that is not the case and I ask you that if you live in another hamlet of this town that you bring the same concern that you would have for your own hamlet to the hamlet of Mattituck and please stop the 7-11 from going there. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? Maryann, Anitque Deli MARYANN: My name is Maryann, I am one of the owners of the Antique Deli that is directly across the street from where you are going to put 7-11. COUNCILMAN ORLANDO: We are not putting 7-11 there. SUPERVISOR RUSSELL: Where one is proposed. MARYANN: Okay. But I know a few of you are for it and a few of you are against it and I am probably wasting my time but I have been told that it has already gone through, there is not much more that we can do about it. I am just really here to tell you that I am really disappointed, I have been in business there four years October 1 and our name is a little odd for a deli, Antique Catering and Deli, I chose to bring it out here and I employ local women in my store who I have been friends with for many years and I love it out here. I always liked the fact that out here is like old-fashioned beliefs. Mom and Pop stores, I have been working at my entire life and I really think that it is going to be a thing of the past. Everybody shops BJ's, everybody shops Sams Club and I feel as though like I did 10 years ago, maybe longer, when Boar's Head sold us out. I feel Boar's Head sold out the Mom and Pop stores when they went into the shopping, you know, to King Kullen and we weren't allowed to just provide that for the public anymore. So I kind of feel the same way, I feel like we are being sold out and I know can speak for not just myself and I know if each and every one of you came into my store, I know there is North Fork deli, there is the bagel store across the street, I know I would be willing to s hare my books with October 20, 2009 Page 99 Southold Town Board Meeting Minutes you and tell you and show you, we don't make a million dollars. We are fighting to stay above water as it is. And I really mean that from my heart. You can come in and I would share my books and show you, we are, last winter was horrendous to try to get through and now I am going to lose pa~ of my coffee trade. Granted, I don't think 7-11 can ever compare to my food, my catering. They will never compare. And they will never take that part of my food away. Or my local people I know support our store. But I do feel they will take a part of my coffee business because people on the run, those moms who want to grab juice, a half gallon of milk, a dozen eggs, a cup of coffee; I now lost that customer who would come in for that cup of coffee in the morning because she can now get a pre-packaged bagel, a coffee and a juice and a snack for her kid for school and meanwhile, I can put that kind of that stuff in my store, I chose not to put beer and cigarettes in my store because I want to sell good old-fashioned food. Where I thought it was good old-fashioned north fork. And I just feel really let down that they are actually allowing it to happen. That really basically all I have to say. Thank you. COUNCILMAN ORLANDO: This legislation is what we see the future of gas stations. There are always gas stations with convenience stores associated to it, so what we are doing is trying to be proactive here before they all come out here, is do a legislation like this, so we can manage the convenience store that goes associated with it. MARYANN: The traffic there is horrendous. SUPERVISOR RUSSELL: Let me just clarify, the legislation that is before us started out as an issue to address convenience stores. I am disappointed because I thought that we could have made a better effort to address the issue and for me, I know the competition with, it is just, you know, it is simple for me, I used to live on Sigsbee Road, Mattituck has had enough and I don't blame them. On top of that, investment begets investment. When McDonalds or CVS come in and the 7-11 serves as anchor stores, you know, where does it stop? Well, you know we thought it would stop with a McDonalds in 1993, it didn't. We thought it stopped with a CVS before I got here and it didn't, now it is McDonalds, on top of that, look, I sound a bit hypocritical because I probably spend more money at 7-11 every day than you, every body in this room, go to Southold every 5 minutes but as a practical reality, bad use, bad spot. It is as simple as that. What this legislation was, was the best consensus this Board can come up with in terms of recognizing that we have other challenges in Mattituck and other places right now with convenience stores as accessory uses. We have pending litigation, we have those other things. So we do need to get something passed. However, I have to agree with anyone here that wants to say that is the worse place I can think of for a 7-11. MS. STEARNS: Inaudible from audience SUPERVISOR RUSSELL: Yes. Yes it does. Does it impact them greatly? The application, no but does it impact it? Yes. COUNCILMAN WlCKHAM: Could you explain .... SUPERVISOR RUSSELL: You know, my problem is, every time I start talking about specifics, October 20, 2009 Page 100 Southold Town Board Meeting Minutes my attorney says shut up, we have got litigation. Specifically, the bulk schedule requirements for convenience stores, all uses, principal or accessory, is now double than what it was before. Rather than requiting one car per hundred square feet, we would require two cars per hundred square feet. UNIDENTIFIED: No. SUPERVISOR RUSSELL: If you, the other way around. I am sorry. I am sorry. One car per hundred. We have doubled their requirement for parking. That is not so we want them to accommodate more cars, we wanted to make sure that the site can handle that type of traffic and that type of intensity of use. COUNCILMAN WICKHAM: And that is for all such sites throughout the town. It is not targeting any particular one. SUPERVISOR RUSSELL: Right. COUNCILMAN ORLANDO: So if you have a small site, you can't build a big structure because you can't accommodate the parking. So they kind of go hand in hand. SUPERVISOR RUSSELL: There are other aspects of the legislation I talked to you about the other night. I will talk to you about those at another time. But for the time being, I want to hear what the public has to say. Melanie Norden MS. NORDEN: The Planning Board hearing was quite elucidating for a number of reasons and I don't believe any of you were there but it did strike me rather astonishingly that we have a heating on a large 7-11 convenience store and less than a week later you propose this very limited legislation that you are talking about in terms of I am disappointed or reaching a consensus. But the issue is far greater than that. I mean, maybe legally adverse because you do suppose that presumably you might get somehow sued by 7-11 but the idea of having legislation for small convenience stores attached to gas stations and not for large convenience stores is utterly ludicrous and flies completely in the face of everything that everybody said here when they talked about comprehensive planning just five nights ago. Everything that you have said about the small convenience stores in terms of quality of life, light, noise, all of that, applies 10 times, 10 fold greater to the large convenience store and the idea that you would exempt large convenience stores I can only conclude it is because you are adverse to potential legislation, which again is a very bad use of planning. That is not how we plan. I mean, frankly if you are going to get sued by 7-11 because you changed the legislation after 3, 4 or 5 years, so be it. But this is completely unacceptable in terms of a planning initiative. The small convenience store attached to a gas station is probably not going to be open 24 hours. It may very well be owned by a mom and pop because they can afford it and they may not want to do a franchise. There also may not even be that many new convenience stores attached to gas stations in the Town of Southold so this might be a legislation that may not have many applications. That legislation that would have real application to the whole barrel of wax in terms of the problems with large convenience store, I can't understand how that can be in any way left out of this discussion. So October 20, 2009 Page 101 Southold Town Board Meeting Minutes if any of you can explain to me how you can somehow can'y those issues and separate out the small convenience store attached to a gas station and not address the over arching social, economic and environmental implication of large convenience stores, I would love to hear your explanation because I am really disappointed in this. SUPERVISOR RUSSELL: Sure. I will tell you right now. First of all, the idea of small convenience stores attached to gas stations is that, to keep them small. We have convenience stores that have grown to 2,500 square feet. They have fundamentally two principal uses on site with the gas station and a convenience store. What you also don't forget, if you might recall, we have pending issues with regard to the Hess station in Mattituck, with an applicant that applied for a 2,300 square foot convenience store. That is not small, it is not incidental, it is monumental. I would like to have seen a broader law that addressed the convenience .... MS. NORDEN: Okay, so why wasn't there one? SUPERVISOR RUSSELL: Because the Board did not support it. Period. MS. NORDEN: That is not an adequate explanation for me. SUPERVISOR RUSSELL: It's the... MS. NORDEN: I mean, it flies in the face of everything that we have talked about in terms of planning. So if any of the Board members who didn't support having a comprehensive legislation about convenience stores, could you please explain yourselves? Because you know, with the many problems, first of all I know Heather Lanza did say that you pay no attention to petitions. She said in Suffolk Times a while ago that 1,200 signatures don't really mean anything because nobody cares about the petition. So the public comes, it weighs in after a three, four, five year process in which the Planning Board has spent time with the applicant but never with the public, we get a chance to weigh in at the very last minute and we are told by the Pla~ing Board, well, we really don't have the capacity to do any visioning for the town apart from what Scott had to say at the comprehensive plan hearing; the Planning Board says we just really have to respond to the site application. So I would really, at this point, from those members who did not support move comprehensive legislation. How you can separate out convenience store by small as opposed to large? Why does that make sense in a broader scheme in terms of comprehensive planning? COUNCILMAN ORLANDO: Well, we didn't finish the convenience store legislation because we all couldn't agree on the final aspect of it. MS. NORDEN: So why suggest any? COUNCILMAN ORLANDO: (inaudible) radius, how far apart we agreed on, we got caught up in definitions about trying to hurt an existing convenience store. We didn't want to hurt that one, so we were trying to work on how we, definitions on the new one without hurting the old one if something happened to the old one. October 20, 2009 Page 102 Southold Town Board Meeting Minutes MS. NORDEN: Which is the old one? COUNCILMAN KRUPSKI: One of the problems .... COUNCILMAN ORLANDO: The old 7-11, the old deli or an old convenience store that is existing. COUNCILMAN KRUPSKI: One of the problems there, the definitions with convenience store was that a store, a convenience store like 7-11 could circumvent the code because we had the planning department work up a lot of definitions to try to update it and try to be more specific about which type of store we wanted to allow, which type we wanted to discourage and a store like a 7-11 could simply put in a small grill or a small deli counter and then they wouldn't be a convenience store anymore. And they would circumvent any law that we made concerning convenience stores. Because that legal definition, if you can circumvent it that easily, it is really not effective. MS. NORDEN: Well, isn't, wouldn't that make sense then for you to more thoroughly define what a convenience store is? Rather than not take the responsibility .... SUPERVISOR RUSSELL: That is what the law does. There is no definition of convenience store in the current code. We actually cull it out and make it its own use. In the old days, it used to caught under the aegis of retailing and it is not the same as a hat store, which is what this law tries to address but I think, look, the problems with trying to address it were enormous. I asked the Board n~onths ago, I said the planning staff, the attorney's office have been working on this but I need to get a direction and a sense from this Board, are we willing to go to even a draconian step to make this work or not. The consensus from the Board was, no. we will take care of the accessory uses. Convenience stores, not small convenience stores, accessory convenience stores and this is an issue .... MS. NORDEN: And then, but that presupposes answer my question regarding what is going to happen to large convenience stores? Where is that proposed legislation which is far more reaching and will have, that many more impact on all of the things that you site here that are part of your obligations in terms of insuring the future of Southold Town. It seems that you have taken on the smaller problem because you didn't the will to take on the larger problem and I wish that you would define that more thoroughly or at least in some way admit that. Because otherwise, this is, to say everything that you have said about convenience stores, about their impacts to life, quality of life and all of that and somehow to leave large convenience stores out of the equation is truly just doesn't make sense. Tom, maybe you can explain a little better. COUNCILMAN WICKHAM: First of all, I have trouble with your distinction between large and small. We have spent a great deal of time... MS. NORDEN: Let me just say, small, let me say convenience stores not associated with gas stations then. That would be a better definition. October 20, 2009 Page 103 Southold Town Board Meeting Minutes COUNCILMAN WICKHAM: That is fight. That is right. MS. NORDEN: Okay. COUNCILMAN WICKHAM: The Town Board must have dealt with this at at least three or four work sessions and at least three or four code committee meetings that I attended, maybe even more than that. We went back and forth on this many times. As Scott said, one of the issues is definition. It really is not easy to define exactly what is a convenience store and be sure that we can make it stick. We are not worded. I am not worried about a legal challenge, I am just worded about doing this in a way that will work. That will work for what you .... MS. NORDEN: I know but you have not done it all now. COUNCILMAN WICKHAM: That is right, because we weren't clear that we could define it in a way that would work well. But to do it in association with a gas station, we thought, that is clear, we thought we could define it well and it will work. But let me just say, this is a first step. One of the things we thought for the non gas station type convenience store, we tried identifying we can have one separated by what was it, 500, no two miles or .... COUNCILMAN KRUPSKI: Halfa mile and a mile. COUNCILMAN WICKHAM: One mile, we tried different special. You can't just, as we learned a long time ago, you can't just ban them from the town. That just isn't going to work. There has to be some criteria on which we would allow convenience stores and others that we are going to regulate them out. You can't just say no. one criteria would be to put a distance marker. One would be to have a size marker, one would be other, we went all through this. our conclusion was for tonight, let's put up a proposal that would regulate convenience stores associated with gas stations which have been proliferating. And which are, some of us feel are somewhat unsightly. This does not preclude the Board moving ahead more aggressively on the broader question. I think we should take it up as part of our master plan. And I think there, I don't quite agree with the Supervisor, I think there actually is willingness on the part of the Board to deal with it .... MS. NORDEN: I know but by then the 7-11 will be located in Mattituck. I mean, don't you understand that this is a time bound argument? Of course you understand that. To make it part of our master plan means by 2012 maybe there won't be a 7-11 in where else? Laurel? Cutchogue? Whatever. But the point is, this is a time bound argument. People fi.om the public, from all walks of life have stepped up to the plate, came to the Planning Board hearing, expressed their concerns from everything from Factory Avenue residents to the Unity Baptist Church to all sorts of people who live in the neighborhood, to traffic issues, to quality of life issues, to loitering issues, to creating an atmosphere where kids can hang out after hours or hang out all night, to drug related issues, to all sorts of issues and the point is, them is nothing presumably that your Planning Board who claim has the capacity to envision something can do. So now the question is not to just say we are going to front load the master plan in two years October 20, 2009 Page 104 Southold Town Board Meeting Minutes from now, by then it really will be too late. And the public has asked you, as elected officials, to respond to some of their concerns. And we heard virtually no response that included the public at the Planning Board hearing the other night and we are heating no response now. I mean, the small convenience store, we don't even know if it is going to have an effect now or maybe in six months or a year or two years, when a small convenience store affiliated with a gas station wants to put up some new signage or whatever. I guess the question is, are you going to deal with this issue of, not call them large, just call them convenience stores not affiliated with gas stations and can you deal with it any time in the immediate future? COUNCILMAN WICKHAM: My only response to that is, it is inappropriate for the Town Board to design new legislation that is targeted to one specific enterprise. MS. NORDEN: I am not asking for, I am asking for legislation that is targeted for convenience stores not affiliated with gas stations. Not just one. For legislation and it would go hand in glove with this. so if you are going to have legislation for small convenience stores affiliated with gas stations, then you can have legislation for convenience stores of any size non affiliated .... COUNCILMAN WICKHAM: I view this hearing as, for me personally, as an opporttmity to get insight and input from the town. If there seems to be support for that approach, I think I and I believe other members of the Board will be quite interested in putting it on our agenda and continuing to work on it. MS. NORDEN: Right. But, tight. I think that is great but the point is not if there seems to be, I think the evidence is overwhelming that there is quite a bit of concern on the part of the residents regarding this large convenience store. I am not asking you to spot legislate. I am asking you to come up with comprehensive legislation for convenience stores of any size not affiliated or affiliated with gas stations. And we are asking you to do that in response to a number of concerns that have been already raised by the public in several forums. And so far, they have fallen quite heartbreakingly, on deaf ears. COUNCILMAN ORLANDO: Well, Melanie, jumping back to the public hearing tonight, if we don't do this now, next year you will be back here yelling at us for a 2,500 square foot convenience store with the Hess station in Mattituck. MS. NORDEN: I don't think so. I don't think so. COUNCILMAN KRUPSKI: With a subway in it .... SUPERVISOR RUSSELL: Wait a second, don't diminish the importance of that information because there are real issues and if you live on Bayview, you really do care about accessory gas stations. And these... MS. NORDEN: But you don't care only about .... October 20, 2009 Southold Town Board Meeting Minutes Page 105 SUPERVISOR RUSSELL: I am talking now, please. MS. NORDEN: Alright. SUPERVISOR RUSSELL: I have listened to you very patiently. But let me tell you right now what I just heard before which is very troubling to me. We can fix it as part of the comprehensive plan. That is the problem with what has happened with Mattituck. MS. NORDEN: Right. SUPERVISOR RUSSELL: Every time we get it right, it is after the building has gone up in Mattituck. We address box store legislation after the CVS, we address formula food restaurants after the McDonalds .... MS. NORDEN: Precisely. COUNCILMAN WICKHAM: That is not true. That is not true. SUPERVISOR RUSSELL: Inaudible COUNCILMAN WICKHAM: McDonald's was .... SUPERVISOR RUSSELL: I go to it every night with two kids. I am pretty sure it is in Mattituck, if I am not mistaken. COUNCILMAN WICKHAM: We did not stop in McDonalds, we designed legislation to make a McDonalds that would be appropriate to the Town of Southold. SUPERVISOR RUSSELL: Okay. But then the formula food law requires all future formula food restaurants to be located in shopping centers and the like. MS. NORDEN: Right. SUPERVISOR RUSSELL: Okay. But this is the one problem and you know, I used to live on Sigsbee Road, like I mentioned before, and I am very sensitive to that issue when I see that we are literally not addressing a convenience store that is going to be located within only a couple of yards of 22 community affordable houses that we just sponsored just a couple of years ago. Bad spot, bad use. MS. NORDEN: Right. SUPERVISOR RUSSELL: That is all I can say to it, that is what I have been saying right along. MS. NORDEN: But that is not enough. Bad spot, bad use is not enough. Bad spot legislation that addresses bad spot, bad use is. That is what we are asking for. Thank you. October 20, 2009 Page 106 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Arthur? Michael Confsione, Mattituck MICHAEL CONFUSIONE: Hi, my name is Dr. Michael Confusione and I live in Mattituck. And I would like to know the definition, if we are leading to a definition of a convenience store, as being when it is convenient for people to shop or the exception of when it is not convenient for people to shop? SUPERVISOR RUSSELL: That would be a very compelling part of, the legislation we defined I believe was based on size, traditional type of characteristics. DR. CONFUSIONE: I don't see anything in there regarding hours and I wonder how convenient it is for any of the Board members here to go shopping at 12:00 at night? COUNCILMAN KRUPSKI: We brought that up... DR. CONFUSIONE: 2:00 in the morning. COUNCILMAN KRUPSKI: The hours of operation came up numerous times at the code committee meetings and at our work sessions. ! kept being assured by our town planners and town attorney that it was unconstitutional to regulate the hours of operation. I hate to say because I am not an attorney, that I don't believe that but I think a lot of the quality of life issues are coming from a 7-11, come from after hours type of use. And that if it closed at 11, than I think you would eliminate a lot of those problems. DR. CONFUSIONE: Yeah. At the planning meeting, which I attended, we were challenged by some of the Planning Board members as to would this be the same if mom and pop were opening up a delicatessen on that comer? Let's forget mom and pop. A delicatessen on that comer would not be open 24 hours a day. Our free standing deli's that we have on the north fork do not attract kids late at night. I used to work Suffolk County drag abuse treatment services, 30 years ago and for about 7 years and one of the things that is very evident is that drag addicts and not all the kids in Mattituck certainly fit this criteria but look to hang out at a place that is open late at night. There are reasons for that. They get the hungies as they are called, they need a quencher as they are called. The same thing would exist with gas stations. If they get a convenience store and they are open 24 hours a day, we are creating an environment where we are giving kids a playground in the backyard. The same thing exists for 7-11 where it is proposed in Mattituck. I ask you to consider that. You are looking for insight, there is insight. SUPERVISOR RUSSELL: Thank you, Doctor. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Arthur, do you want to comment? Art Tillman, Mattituck October 20, 2009 Page 107 Southold Town Board Meeting Minutes ART TILLMAN: Art Tillman, Mattituck. I would just like to go very briefly, a little bit of the history of what we have tried to do to bring this to the attention of the Town Board and basically stop the 7-11. Deacon Leroy Heyliger and I, he is of the Unity Baptist Church, when we first heard the 7-11 was coming to town, we managed to get 1,200 signatures against it and that was just in the community of Mattituck. I would like to ask you a question. You have seen petitions come over the years, is 1,200 signatures a lot of signatures? SUPERVISOR RUSSELL: Yes. MR. TILLMAN: A very lot? SUPERVISOR RUSSELL: Yes. MR. TILLMAN: Does that impress you? Does it impress the members of the Board? You don't have to answer individually. We were pretty proud to get 1,200 signatures. And I want to tell you, it was easy. Nobody wanted it. Armed with that, we went to a Planning Board meeting up over the bank and spoke to the members of the Planning Board and we walked away from there elated. It seemed everybody was against it that was on the Planning Board who attended that meeting. So we felt we were on a roll and it looked like maybe we could stop this thing. We went to the Planning Board meeting last week and a lot of the wind came out of our sails. I don't know what happened in a month or two but the whole tone seemed to have changed, even to the point where some of the members of the Planning Board seemed to be almost advocating a 7-11. And I can't figure out what went wrong. Marty Sidor, the chairman of the Planning Board, in opening the meeting said we are here to listen. Great. That is what it is for. And Marry and a number of people on that Planning Board did listen. But there one, possibly two people on that Planning Board who continued to interject their opinion, which left no doubt on the part of the audience, that these people were pro 7-11. The question then becomes what is the role of the Planning Board? And I notice in their recommendation to you that was just read, there was nothing about 7-11. I really don't know what kind of communication or lack of communication is going on here but something is wrong. Also, Joe Townsend said he was commissioned by the Town Board only to review the site plan in terms of parking, buffers, etc. And therefore, when we brought up, the people in the audience and myself, brought up the issue of social and economic impact on the community, the Planning Board's point of view was, oh, we are not here to discuss that. Well, what kind of planning is that? Planning is more than just parking spaces and buffers. Now when we come to buffers, it seems that buffers can be enforced for some convenience stores or establishments and not others. Henry Bremer is here from North Fork Deli, he has had some experience with buffers, which he will tell you about. The store that was proposed in Orient, I don't know, what was that? A restaurant? COUNCILMAN KRUPSKI: Coffee house. MR. TILLMAN: Coffee house. They were kept out because they couldn't conform to buffers but I know for a fact because someone on the Planning Board told me, some waivers were given to this 7-11 regarding buffers. And that comes right from the Planning Board. I would ask you to look into that. The whole issue of buffers. So I don't know. How, what do you do to impress October 20, 2009 Page 108 Southold Town Board Meeting Minutes or move the Town Board to move in the direction to stop something we don't want? We tried the petitions. We had the rally, very well covered by the Suffolk Times, I would ask you to check out their video. Kind of interesting. We had 50 there. Hundreds of people honking horns, all in favor of not having 7-11. So we did that. We have been to, gee, a couple, three, two Planning Board meetings, I think this is about our third Town Board meeting, all expressing the same old stuff. All the arguments against 7-11. At the meeting last week, Scott, when Melanie was talking about how do we make our input known, is that correct, Melanie? In the new comprehensive plan. You listed a number of ways and you know, I have to say you have been open and trying to do a good job and one of those things you said was, well, you know, you elect your public officials. Well, it is an election year. The last time I was before you I told you, I thought when I went back to my Democratic party and I am the deputy town chairman, I said I think that my party would support a petition against the 7-11 in Mattituck. Well, I went back to my party and my party does support that. And it was unanimous. We had a lot of discussion. So the Democratic party is on record as not favoring the 7-11 in Mattituck. But they added something to that resolution. They said, in the interest of helping mom and pop businesses to survive, we are against it also. At that time, I challenged the Republican party, you come up with a resolution too. I haven't heard the resolution. Where is it? I will throw it out again before the election and let you guys get on board. Republican party, I am challenging you, will you come up with a resolution, as the Democratic party did, against the 7-11 in Mattituck? Please. That is all I have to say, thank you. SUPERVISOR RUSSELL: Arthur, just so we don't try to exploit this too much for political gain, I am a Republican, I have been the most outspoken opponent of 7-11. you know that. I don't support it there. I asked this Board months ago when it looked like the definitions and the legislative would be very cumbersome and time consuming, I asked this Board is there a will to do something now to stop the process so we can at least get it right legislatively?. In other words, even ifa moratorium is necessary. And the answer was a resounding, bipartisan, no. COUNCILMAN WICKHAM: I don't think that is true. I think that we were unable to reach a consensus on the specifics of how to do it. SUPERVISOR RUSSELL: I asked you specifically and I e-mailed every Town Board member and I raised the specific issue of moratorium over there in the annex. Art, I think you were at that meeting. COUNCILMAN WICKHAM: At least some of us worked sincerely and effectively to try to come up with something. It is true, we didn't find a consensus. We didn't find language we could all agree to but I never understood that we were, that there was a thumbs down, a no to the whole process. SUPERVISOR RUSSELL: There was no thumbs down but the, what the conclusion was, well, it is going to happen in Mattituck but we will get it right in the future. Which has been the conclusion every time it is proposed in Mattituck. And I don't want to seem overly sensitive to the issues of the west end of town but I graduated high school there, I used to live there. Look at it. I think that we need to, again, I asked this Board months ago, okay, the legal process is going October 20, 2009 Page 109 Southold Town Board Meeting Minutes to be very difficult. Is there a will to at least do something now to bring this to a stop, so that we can get this legislatively right and the answer at the time was it is probably not going to happen. COUNCILMAN WICKHAM: We were looking for leadership and I think we are still looking for leadership on it and I think the Town, I at least and I think maybe other Board members would be quite willing to engage again on the subject in the coming weeks if we want. SUPERVISOR RUSSELL: Twenty years on the Town Board and he is looking for leadership. Art, you were at that meeting. You know the deal. I would support a moratorium for all site plan processes in the halo defined by our town code, in the Mattituck halo right now. Will the Board support me? And let's do a comprehensive review and listen to the stakeholders. MR. TILLMAN: I don't think we could ask for more than that now. COUNCILMAN KRUPSKI: Put that on the agenda for next meeting. UNIDENTIFIED: comment from audience. Why don't you put that to a vote now? COUNCILMAN KRUPSKI: Because I want to... SUPERVISOR RUSSELL: You would have to notice that as a legal .... COUNCILMAN WICKHAM: A moratorium needs to have a concept under it as to what direction are we going. SUPERVISOR RUSSELL: Adopt the recommendations of the Mattituck stakeholders. We asked them for input and vision, they gave it to us. One of that was to support locally owned, locally owned businesses. To stop the franchise template from encroaching even further into Mattituck. They outlined the vision, we need to act on that. COUNCILMAN ORLANDO: Scott did say that that day at the code committee but we also said after that, let's keep going forward and finish these definitions. We wanted to keep going with the process. MR. TILLMAN: Oh, okay. I am assuming that you Republican councilmen up there have some influence with your party. I hope you would go back to your party as I went back to my party and let's get a consensus. This doesn't have to be a political thing. I think everybody agrees, we don't want a 7-11 in Mattituck. When they sign these petitions there were Republicans and Democrats and Independents and Conservatives. We don't want this thing. SUPERVISOR RUSSELL: Okay. But let's not keep making these references to parties. You have got six people here voted on by the public, it should be the decision .... MR. TILLMAN: Do what you have to do but stop this 7-11 and I think the moratorium is an excellent idea. Thank you. October 20, 2009 Page 110 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: Well, I think the Supervisor should put it, save your applause for Art, please. I am sony. But I think the Supervisor should put it on the agenda for the next meeting. For the work session and with planning staff to discuss the implications and goals. I was involved in a couple of moratoriums, one as a Trustee that went for a year, alright? And then we were in the wireless code moratorium which went for 18 months. And you have to have a lot of commitment and a lot of dedication to your goal. Okay, you have to define your goal, agree on it as a Board and then pursue it and have the resources to pursue it. So just to say, I don't think you can say tonight let's have a moratorium on 7-11 's. It is not that simple. MR. TILLMAN: I understand. COUNCILMAN KRUPSKI: You have to really define it, you have to do the homework before you can act on it. MR. TILLMAN: What I am afraid of is your attorneys and their attorneys are going to tie everything up in knots. Everybody is afraid to do anything. Woohoo. What will the lawyers say? You know what? Let them go to court. I don't .... SUPERVISOR RUSSELL: Let me just tell you ..... MR. TILLMAN: I don't think a judge is going to rule in their favor. SUPERVISOR RUSSELL: A moratorium, I am calling, I would suggest for the entire halo. That includes far more than just pending applications on Factory Avenue. MR. TILLMAN: Exactly. SUPERVISOR RUSSELL: Talks about everything. All the challenges, the unique challenges that Mattituck faces. They have been facing them every year and nickel and dime approach has eroded Mattituck to a town I don't recognize anymore. MR. TILLMAN: Right. And it is so logical in light of the fact that you are coming up with a new comprehensive plan. SUPERVISOR RUSSELL: Right. MR. TILLMAN: Thanks a lot. Benja Schwartz, Cutehogue BENJA SCHWARTZ: Good evening again. Benja Schwartz. Aren't you glad you only have two months to go, Tom? COUNCILMAN WICKHAM: I hope I live longer than that. MR. SCHWARTZ: The subject of this hearing, the legislation which is the subject of this October 20, 2009 Southold Town Board Meeting Minutes Page 111 hearing applies to the entire Town of Southold, including the proposed 7-11. I am sensing a couple of things at this hearing, a confusion about government works, about how government is working and a confidence the govemment does work. I think that we may need to use the system to work within the system to change the system. The comprehensive plan of, is not proposed to be comprehensive. I was going to speak tonight but I think it is not specifically appropriate in this context but I think we need more than a comprehensive plan. We need a new plan for the government. There is a conflict between the roles that the Town Board is playing, the Planning Board is playing, the Planning Department etc. SUPERVISOR RUSSELL: Can I just remind you, we are in the middle of a public hearing? MR. SCHWARTZ: Yes and this is about .... SUPERVISOR RUSSELL: Okay, okay. MR. SCHWARTZ: This is about the Mattituck proposed 7-11 in Mattituck. But it is also about planning for the entire town. This is a public hearing before the Town Board on legislation which applies to Southold Town. If we need a moratorium, I think we have to have a clear vision of what that moratorium would be set out to accomplish in order to make it legally defensible and successful and that is what I am trying to get to here, which as, you know, I sense that that might not be specifically pertaining to this legislation but it certainly does pertain to this legislation and the proposed 7-11. Part of the problem too, is that the government of the Town of Southold is used to looking at things in very analytical, specific way. Whether we are talking about comprehensive planning or we are talking about the inter governmental planning. Defining the roles of the Town Board versus the Planning Board. I just, I don't want to go on more then I have to here but I just would like to include in this hearing that you know, tonight there were two resolutions on the agenda number 860 and 864. Both cases, the Town Board referred, referred subjects for planning to the Planning Board and one of them, the Northwind development, the annexation of land from the Town of Southold into the Village of Greenport, that applies to a specific proposal. If that annexation is defeated, that application will essentially come before the Planning Board and there is a conflict of interest for the Planning Board to be looking at that application in both a town wide sense and a specific sense. The other issue that was referred to the Planning Board is the comprehensive plan. With all due respect, I think the, I commend you for proposing the legislation and I support it but I think that what a lot of people are asking here is that you do more than that. And specifically what you could do is create a planning, a planning commission or a body that would be the equal of the Zoning Board of Appeals and the Planning Board. It would also work with the Planning department to not just create the planning, the comprehensive plan but to continue to apply it to specific projects. We don't have anything like that now, we need it. SUPERVISOR RUSSELL: I can appreciate everything you are saying, I am just trying to figure out how we are going to feather this back into a, you know, we are still in the middle of a public hearing on proposed changes to the convenience store legislation, so can we wrap that up and we will go to the open mic portion of the meeting? October 20, 2009 Page 112 Southold Town Board Meeting Minutes MR. SCHWARTZ: I was trying to relate this to the .... SUPERVISOR RUSSELL: Okay, I was just to, okay. MR. SCHWARTZ: Subject on the table. Thank you. SUPERVISOR RUSSELL: Marie? Marie Domlnici, Mattituck MARIE DOMiNICI: I don't envy you your position guys, ladies. All day doing stuff like this and then you still have to listen to us whine, but I am going to continue to whine. I am... COUNCILMAN ORLANDO: Thanks for the warning. MS. DOMINICI: I am truly opposed to this and I don't care if it is a 7-11, McDonalds, I don't care what you call it. When you have 1,200 signatures where people are totally voicing their concerns, I mean, I don't know what else needs to be said in a community when that many people come forth and oppose. So and I understand that you are receptive to that but when you take a local business and you put it up against corporate America you really are putting your neighbors out of work. And I think it is unfair to put a mom and pop shop out of work. I mean, we are doing it with CVS, we are doing it with whatever else comes in here. And you heard me say this a thousand times, my one regret in life is not having been raised in this community. It is a beautiful community, it has pastoral views, it has the wineries and all of the things that bring tourism here and you have heard me say this in the past that once you start to make this last frontier look like any other town up-island, than there is no need for people to come here and spend their tourist dollars to go to the wineries or to go to the farm stands because we are going to look exactly like they do. So they can buy their wine at the local wine store up the street from them in Huntington or wherever else they live. So it has a tremendous impact when we make decisions like this that we are talking about keeping this Mayberry and I haven't lived here as long as many of you have, so you have seen it change certainly more than I have in the short time that I am here and I am proud to say I will be here almost eight years and where did the time go? So you know, when you say pastoral views and then you say 7-11, that is an oxymoron. There is no pastoral views with 7-11, okay?. And the irony of all of this, in this day and age, when I spoke at the Planning Board meeting and I asked the 7-11 people if they would factor in any green technologies and it was not even a concept. So not a very user friendly company coming in here where they could have maybe factored in sometime of green thing, however small. The other thing that is very concerning or disconcerting is the traffic accidents that have taken place over, let's say the last two years, at that intersection, no one has a real number as to how many accidents have taken place. I was told that I could FOIL the information and come down and pick up the information but I work five days a week, I don't have the luxury to take off from my job in Southampton to come back here and FOIL information. Any one of you can get that information and share that information when people like myself would ask the question. The other concern that I have is the loitering that would take place there. Now, if this becomes a hangout for whomever, kids, whomever, my tax dollars then have to go to pay for the policing of that 7-11. I do not want to spend my tax dollars on policing the 7-11 and you have heard me say this in the past, I want to live here till I die but the way my taxes are going, I have to be dead in October 20, 2009 Page 113 Southold Town Board Meeting Minutes three weeks. And you can put that on my tombstone. So I don't think my tax dollars should go to fund any of the policing. The police have enough to do in this community and certainly I am not part of the police department but I am sure they have enough to manage in this town without having to go see if7-11 has a loitering issue. And unless, well, you know, Mattituck seems to be the dumping grounds for you know, everything else that comes into this town and you know, we are really close to the Riverhead border and I certainly don't want Mattituck to look like Riverhead. Nothing against Riverhead, they are progressive but they choose to be, in that regard. They don't want to look like Mayberry. They don't consider themselves the last frontier. We are the last frontier. And I would hope that we could continue to keep it that way. And I really ask your indulgence for all the time that we are taking to have this discussion and also ask that you look at this in a very serious way because 1,200 signatures speak louder than my one voice. Thank you for your time. Lynn Summers, Mattituck LYNN SUMMERS: Lynn Summers, a resident for over 41 years. In March of 1970, I arrived here from Philadelphia, PA. I was in a little bit of a culture shock but I learned very quickly to love this as much as if I had been bom here. I am here to support all the neighbors, the people, Mr. Bremer is maybe not from out here but Advent Lutheran Church lived through the time when we had a wreck of a Hesperus of a burned down, gutted down thing and we got a good neighbor and I would like to support him and I would think that the community would want to support him. And it is shown in the 1,200 or so signatures. Also, that Factory Avenue I travel, so does our congregation, so do many of the congregants because it is the safest place to travel to make a left hand turn after you have done your shopping. Unity Baptist, that whole neighborhood, I have seen it grow and thrive as a good place, Scott, you understand about that community. Now the other thing is, I suddenly realized we are going to a Chase Manhattan bank, also we are going to have a Hudson City bank in and out on the south end plus this on the comer. No one has done a traffic impact study of that area. Mary Helen Crump fi'om the Clergy Association, the Clergy Association met last Tuesday I believe, and five clergy sat down and they did not realize this was all happening to this community. And they are concerned. And they talk to people. And I think you need to know that. And I, I was shocked when I read in the Suffolk Times on line, I have really studied this for a long time. But Unity Baptist, with all they go through with the other stuff that has to do with Waldbaums is just one thing but just adding more fire to their whole thing is wrong. And the moratorium idea is the best thing I think anybody could come up to and I hope you support it and you believe in that. Because I was disillusioned, I thought many of you were completely honorable people but after sitting through that Planning Board, I thought people were going to throw money out. I thought I was in Chicago politics. Not on the north fork of Long Island. Thank you very much. SUPERVISOR RUSSELL: I don't want to be overly defensive of the Planning Board there are some members there I don't agree with their positions on but we do need to give them the tools to be able to affect fundamental changes to applications. So in their defense, the tools weren't there for them. I think they had more tools than they used but there is not a big box of tools for a situation like this. Dan Durrette, Greenport DAN DURRETTE: Hi, my name is Dan Durrette, I am from Greenport. And I think the first October 20, 2009 Southold Town Board Meeting Minutes Page 114 time I spoke to the Board I think I mentioned that I was the new kid on the block. Since that time I have grayed a little and aged a little, most notably because of attending meetings like this and Planning Board meetings. I do have to caution that the last time that I spoke at the Planning Board meeting, fight before I spoke, that door opened and there was a big gush of wind. I think it is a little hot in here right now, I am almost asking that that wind come back and maybe cool us off. I would be remiss if I did not applaud the tremendous amount of work that has gone into this document. To try to define anything that meets municipal codes in a diverse and changing economic environment is difficult and I really applaud what I see in this document. I do have to also go on record as hoping for a different future for the town because like others, there are certain aspects of this town that attracted me to move here 2 ½ years ago. I ask that you go back to the future and by that I mean, let's pretend that it is 2087, what will this town look like? And I use the bench mark of 78 years because 78 years ago we had a small church in 1931 that was built and if you look at that church, you know what the character of this town was and that many of us are speaking about, trying to preserve. So here we are in 2009, with all the complexities of budgets, with all the complexities of irate citizens. With all the complexities of political turmoil. What we are losing, I think, is the eye on the prize. How do we redress certain grievances and at the same time move forward so that that which we love, I haven't heard that word, that which we love and that which got us elected and that which keeps us here, remains. I applaud the idea of a moratorium, I will yield to counsel so that my remarks not set offany kind of legal storm. But I really think we have an opportunity to do something on a comprehensive basis but in terms of being transparent, I am against the 7-11 and also in terms of being transparent, I did take the opportunity after the Planning Board meeting to sit and talk to the real estate developer, to both voice my concerns specifically with that gentleman. But I think we are at a very pivotal tipping point and I just ask that perhaps we each take a deep breath and maybe we open up the doors a little more. Thank you very much. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? Henry Bremer HENRY BREMER: I am Henry Bremer, I am from North Fork Market and Deli. When I built my store I had to put up a 25 foot buffer in front of the store and go through a variance. I wonder whether that applies to 7-11 and the Hess station? SUPERVISOR RUSSELL: I don't know what the underlying zoning to your property is versus theirs. I know they are general business. I don't know what yours is or what the issue is there. I can't answer .... COUNCILMAN WICKHAM: That is a Planning Board matter, isn't it? SUPERVISOR RUSSELL: Yeah, it would be a Planning Board, well, it is a code matter. The setback is established by town code. I would have to look at the zoning to answer pop quiz questions like that. MR. BREMER: I can call you later on that? SUPERVISOR RUSSELL: Yeah, of course. Or go review the entire application at the Planning October 20, 2009 Page 115 Southold Town Board Meeting Minutes Board office. In fact, come to my office and I will take you over there. COUNCILMAN ORLANDO: There was a setback. I was on the Zoning Board then and we granted you the variance because unfortunately, the place burned down. It was a setback off the Main Road that you required. MR. BREMER: Don't they have to do the same thing? COUNCILMAN ORLANDO: I didn't see the plan, I don't know how far back .... SUPERVISOR RUSSELL: Their building is already built, so in terms of the setback on where the building structure is, the buildings are already built and located on site. So it is the occupancy of an existing structure. But I don't want to get too specific. MR. BREMER: Okay. SUPERVISOR RUSSELL: Why don't you come see me, we will go over the whole application. MR. BREMER: Okay. Thank you. COUNCILMAN WICKHAM: I think there is interest, on the part of the Board, at our next town board meeting to take up the question of a moratorium and the underlying goals that we might put on it. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? Joseph St. Pierre, Southold JOSEPH ST. PIERRE: My name is Joe St. Pierre, I am a resident of Southold for 25 years. Could the Town Board tell me, we are of the understanding a lot of people in the town, that this is already a done deal. If you had a moratorium, would it affect this deal or are we talking about something in the future? SUPERVISOR RUSSELL: The moratorium would pertain to any projects that have not completed the process. To my knowledge, they haven't completed the process. But again, I am going to be frank and many people aren't going to like this, I don't really have a problem per se with 7-11. I don't necessarily even have a problem with one in Mattituck. The location is dreadful, along that entire strip if you look at the collection of franchise footprint there is dreadful. And it is getting worse. Every couple of years it is the nickel and dime approach. MR. ST. PIERRE: Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? UNIDENTIFIED: I just have a question. Did I just hear that there was never a traffic study done over there? I wonder if they really studied the ingress and egress. October 20, 2009 Page 116 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: I don't know. I would certainly ask you to please take that concem to the Planning Board. UNIDENTIFIED: (comments from audience) It was pre Factory Avenue construction. The traffic study was three and a half years old. SUPERVISOR RUSSELL: That would be pre the building? UNIDENTIFIED: Pre the affordable housing. SUPERVISOR RUSSELL: The affordable housing. Okay. Yeah, Jim. Jim Dinizio, Greenport JIM DINIZIO: Jim Dinizio, Greenport. There was a traffic study because they were before the ZBA and I heard the traffic study, okay, and I don't know, maybe it was three years ago. It is possible. Certainly was done by their people and so be it. Now I am not for or against 7-11, I think this convenience store law that you have here is a reaction to that 7-11 and I just would wonder that laws that are created in reaction to hastily don't mm out to be very good laws. I can point to you the law that we just commented on, certainly it was hastily 18 months in the making and you put it together and we are back here eight months later? I don't know how that was but there are certainly other laws that you created, the accessory law that was given a variance to almost 100 percent within a month. Because you didn't sit down and actually think about the repercussions of the law. And you know, this is the same thing. You know, I am business man in town, I compete against national you know, burglar alarm companies, ADT, Briggs, you know, Broadview, Bellringer and you know, every competition is good. It makes you work a little harder certainly but you know, I know I have something that those big companies can't give and that is service and I know that the delis that are affected are the same exact thing. You know, I can go in a get a bagel that is wrapped at 7-11, you know, it might have been wrapped five days ago, it is never good but people feed their kids those things. You know, that is their problem. But I just warn you that you know, I have seen it. And I think that if you are going to try to make a law and this one in particular, doing it hastily, it is going to come back to bite you. Thank you. COUNCILMAN KRUPSKI: Thank you. But the legislation that we have tonight, it actually wasn't done hastily and it addresses size of, it does something that needs to be addressed which is the size of convenience stores as accessory to gas stations and the potential for putting in the Subways and the Dunkin Donuts and other franchises in those stores. That .... SUPERVISOR RUSSELL: Also this legislation started some years ago when Patricia Finnegan was still with us. We had worked on this together. This is the result, good or bad, this is the result of almost two years of trying to tackle this issue. COUNCILMAN ORLANDO: And this isn't driven from the Mattituck plan, it is driven from a Cutchogue site plan. MR. D1NIZIO: I was referring to the audience insisting that you have a moratorium... October 20, 2009 Southold Town Board Meeting Minutes Page 117 SUPERVISOR RUSSELL: No, I brought that up. MR. D1NIZIO: They don't want to stop at 7-11. SUPERVISOR RUSSELL: Yeah, I, I .... MR. DINIZIO: You know what I mean? SUPERVISOR RUSSELL: I agree with that in that I think the public needs to understand that just because petitions get circulated, the law specifically doesn't let us react to public opposition to any specific application. But if you look at Mattituck as an entirety of the past, I had the same concerns when the CVS was there, in other words, the changing nature. We have a sewer study that is underway, although it is sub-regional and small, get all that stuff on the table. We asked people to volunteer their time as stakeholders. We need to start implementing some of those ideas. MR. D1NIZIO: Well, I did hear you say, Scott, that you would adopt their suggestions. I don't know why you haven't done that yet. SUPERVISOR RUSSELL: Whose suggestions? Oh, yeah. Well, that is the underlying goal. MR. DINIZIO: I don't know why you haven't done that yet but my assumption is that they need to be looked at in the context of the law. SUPERVISOR RUSSELL: That is exactly right. MR. D1NIZIO: Well, I thought I heard you say you were just going to adopt them. I know these people are under that impression and quite honestly, that is hasty. SUPERVISOR RUSSELL: That is the basis, that would be the basis of a moratorium, is to adopt their vision. To adopt their vision. MR. D1NIZIO: Inaudible. Okay, that is what I am saying to you. I mean, I listened to the hearing for what they wanted to do which was originally a car wash, okay. And then they came back to us because they couldn't get the circulation on it. Then they came back to us, they wanted to increase the size of the building because they wanted to make it a large 7-11 like Greenport's. What they have there now is a smaller, there is like three different sizes. They fit in the smaller category. They wanted to make it larger, of course they have got plenty of land there, so you know, they want to maximize that. Fine, that is what a business does. And I listened to the traffic study and yes, I agree that you know, turning out on that particular piece of property is, there is no good way unless you build a ramp on the back. You know, go in the parking lot. I don't know how you do it without causing all sorts of trouble. With a guy with a cup of coffee in his hand pulling onto Factory Avenue or pulling out on the Main Road. That is going to be bad, I agree but you know, I heard some problems with the Planning Board, some suggestions that the Planning Board, you know, may not be doing what this group wants. Well, October 20, 2009 Page 118 Southold Town Board Meeting Minutes good for them. Because they are reading the code. They are doing exactly what is written in the code. And when Mr. Townsend says that he is reviewing the application, that is his job, okay? And what he is supposed to be doing at the Planning Board is implementing the code. That is all he is supposed to be doing. He is not supposed to be saying yes, you can have a 7-11, no you can't have a 7-11. Actually, the code says you can have a 7-11 at that spot. And that is what I imagine happened when they changed their mind. They read the code, they read the application and certainly that will change your mind. I believe it would. I commend them for that. It is a tough situation. I understand what these people want, quite honestly, I don't like the idea of adopting what the stakeholders did in toto just because you certainly want to stop one thing in this town. I understand... SUPERVISOR RUSSELL: Change the direction of Mattituck and if you look at it and the application .... MR. DINIZIO: I looked at it. I don't know. SUPERVISOR RUSSELL: But I do have to tell you that I think it is simplistic to suggest that they are just reading the code. I would strongly recommend that you read the code and look at the amount, the degree of latitude that they are given in requiring buffers, not requiring buffers. You can't take and say well, the code has to be specifically applied when the code is so poorly written. It is not as finite as people like to, everybody likes to be dogmatic with the code but the code is so poorly and ambiguously written that you can't take it and I did tell the group in the defense of the Planning Board, is that they need tools. They don't have the tools. That is the problem. That is part of the problem. MR. D1NIZIO: Okay. Then if you are going to say that, Scott, then I am going to say this. Every time someone in this town wants to do something, okay, that someone doesn't agree with, suddenly it is the code. Suddenly it is kick your forefathers in the butt and not honor the written word. That is what it is. Now, I don't think that that is fair to anybody. I think that if someone comes to this town and they read the code and they see that they can do something, this shouldn't be anything more than going to the building department and getting a building permit and doing it. Now, all I was doing before was warning you that if you are going to adopt all of those stakeholder recommendations, I think you would have done that already if you didn't want take a look at those things first and see how they fit into our code so that a year from now we are not sitting here with another heating on wireless towers. After we made a law, after we worked 18 months on it. After we had a moratorium, after we made all of these companies wait to change the law. That is what I am asking you to do. Okay? And this particular law, in my opinion, is micromanaging. Because businesses are businesses and they belong in business districts. And the master plan right now, can be seen by anybody, just by looking at a zoning map. Because they will know exactly what businesses can go, they are all defined and then look at the codes and you can find out what is permitted and what is not permitted in those zones. It is not that difficult, okay? but it seems to me, Scott, every time that something happens in the town that somebody doesn't like, blame it on the code. Blame it because it is ambiguous. That is baloney. Read the code and go by the code. It is pretty well black and white, I can tell you. Now, about in 2006 you got, this Board received a letter from an environmental group here that asked this October 20, 2009 Page 119 Southold Town Board Meeting Minutes Town Board to uphold the law and hold people to the black letter of the law. That was I believe, Mr. Wills that wrote that. And guess what? I am standing here, I agree with him. That is what you should be doing. But it seems like every time that something happens, you want to change it, the law is not good, well, that is baloney. Read the law, I think you will find, yeah, buffers, of course, if they can't comply with the buffers, then they don't get it. But it is not, there is no rocket science here. It is either you have your buffers or you don't have buffers. Now I understand probably the buffers have to do with the back of that building, you are not going to get a buffer there, the building exists. That is a waiver. You should have a waiver for that because the building exists. The front, you want to have a 50 foot buffer, I don't care what you have, whatever the zone says. He has to do it. But the Planning Board doesn't have the option to say, no, you can't, you know, you can't, they do have the option of waivering buffers but they don't have the options to say, no, they don't apply in this case. They have to look at it, they have to have some reason for not saying buffers belong here. The lot is too small, yada, yada what, if they plant a tree it will, you know, cause problems. Trees on that comer, you know, whatever it is. I understand the code well enough to know that and I also understand the code well enough to know that every time something happens, they blame it on the code and it is just not so. Thank you. COUNCILMAN WICKHAM: We have heard a lot of useful testimony tonight, I haven't heard anyone speak against the law that we proposed except to say that it doesn't go far enough. And I think I have heard among the Board a willingness to take up again where we left offa few weeks ago to look further into extending it beyond where we are and to consider a moratorium in that process. Pat Moore, Esq., Southold PATRICIA MOORE: I think that there is a lot of people that don't necessarily agree with this law that may not be here because they are young families, they have children, they get up early, they stay out late. Many a times, I lived by 7-11 in Southold, many a times I have sent my husband out to get milk because we were out of milk. Standard, basic things. I have been, I was nine months pregnant out in Orient, I couldn't get a non-alcoholic drink at a party and I drove and drove until I got to Greenport to be able to get a non-alcoholic drink at a party. COUNCILMAN WICKHAM: I am not sure I understand where you are going. MS. MOORE: What I am saying is, that there is a need for convenience stores. There is a need for places and a deli could stay open for 24 hours a day. They would be permitted to do it, there would be no impediment to doing it and I would even argue that reading the convenience store definition, there are lots of businesses that would fall under this convenience store definition. I have already stated to your town attorney and I will state on the record, this particular law is defective, it doesn't do what you say you want to do. there are technical failures with this law that have been pointed out by the Planning Board, I think as I, if you need me to state on the record that this law is defective, I hereby state on the record, this law is defective. COUNCILMAN WICKHAM: Well, what .... MS. MOORE: It, I have already spoken to your town attorney with respect to it and you have October 20, 2009 Page 120 Southold Town Board Meeting Minutes already got comments from Planning Board with respect to technical problems with the way the code has been written. I actually am the attorney on the 7-11 in Mattituck and I can tell you that there has been a great deal of site plan. That there is, and in respect of all the opinions, it is subjective opinions on whether or not you like a 7-11 or don't like a 7-11, everybody is entitled to their opinion. I want you to know that with respect to that project that there have been many concessions, many issues that will improve the site. If this was any other tenant that did not have the pockets, the deep pockets and the owner that would have the deep pocket to fix traffic problems at that intersection. In faimess to Mr. Bremer, I love, I have gone to his deli many times, he is wonderful man. If he had have to go through what this particular site has to go through, he would be bankrupt before he even walked out the door. COUNCILMAN KRUPSKI: No one, I am sorry, no one made this applicant go through the process. MS. MOORE: This applicant went through a process and there are proposals to make improvements to the road which are donations or easements that are at no cost to the state. There are lights, changes to the lights, changes to pedestrian crosswalks, changes to access easements, changes to the, changes to the driveways that are there, anybody in the, any business that would try to develop there that had to go through these things, would go bankrupt before they walked out the door. So I think that your commentary or the commentaries that I have heard that essentially bash a 7-11, let me tell you that we need a CVS, we may need a 7-11, there may be a need for applications that can correct years of zoning problems. CVS for example, took two pieces of property, merged them and took out non-conforming buildings. Whether you like the CVS or not and whether you think it changes that intersection, in the long run, it made improvements to that area of Mattituck. Long historic problems. You have the ice cream shop next door. That is a pre-existing use. Many of the problems are due to the ice cream shop. There is nothing that can be done with that. Some day down the line, I wish the ice cream shop luck in trying to get any improvements to that property because of the type of issues that everybody has to go through on redevelopment of any property. So for the record, this particular lot is defective, I, we, I know my client opposes it and I personally oppose reactionary zoning in any respect. I agree with Mr. Dinizio's commentary which is zoning laws, they shouldn't be guess work. People should be able to know that when they come to a piece of property and it is zoned business, that there are businesses that are permissible and that are appropriate. And you can disagree on whether this particular use is appropriate there but I think when you weigh the benefits versus the detriments, there will be a great deal more benefit to having that use go there and the improvements that are being made associated with that use than the detriments. So for the record, that is my position, is on behalf of my client (inaudible) SUPERVISOR RUSSELL: I still, since this legislation fell so far short of what would affect your client, I still, I am trying to understand why this legislation is being referred to as reactionary. I mean, the first draft of this was done by Patricia Finnegan a long, long time ago. I still don't understand the reactionary component. What I understand is growing trends in convenience stores turning overnight into 2,500 square foot and that, the subject everybody is here to decide, growing trends because of a thing called a Mallin's decision that allows all these principal uses on one location whether it has the ability to handle those uses or not. I think this October 20, 2009 Southold Town Board Meeting Minutes Page 121 law was very thoughtful in trying to address some of that with the growth of convenience stores throughout this entire town. That is exactly what this law does. It basically starts to say, you know what? You have a property, you have a principal use, you want to have an accessory use, that is fine but you just can't have the accessory use and fill up the building with whatever you want, whenever you want without any review process because that site might not handle it. That is how we get convenience stores right next to residential communities throughout the entire community. And it has been a problem. How is that reactionary?. MS. MOORE: Inaudible. Then I think you have to fix the code to make that... SUPERVISOR RUSSELL: Well, I recognize that with the Planning Board input. MS. MOORE: Thank you. SUPERVISOR RUSSELL: Arthur? Art Tillman MR. TILLMAN: In response to the last comments, Ms. Moore would seem to have us believe that there are legions of people out here, if only they weren't working at home with their families, they would be here. Well, I would challenge you to do what we did. Would you please go back to Mattituck and see if you can top us with over 1,200 signatures favoring 7-11 ? Also, those of us that are here are not here for economic motivation. We are here for the love of our community, put it that way. Now when it comes to laws, to comment on what Jim said, there is two aspects of law, there is the letter of the law and there is the spirit of the law. My savior said love thy neighbor. That is pretty simple. But what exactly does that mean? I don't have to look down and see that codified. I have to try to live that every day. If there is a traffic problem, if there is other problems that are going to be associated with this 7-11 in this case, you know, we have to anticipate that. I am not here because I hate 7-11. I am here because I love my community. I am here to support my friend, Leroy Heyliger and his church and all the problems they face, I am not here to make money. And the changing situations necessitate changing laws. The founding fathers in no way could have anticipated what has happened to this country. Most recently with the abuses of corporate capitalism. It is capitalism mn amuck. And we all believe in capitalism. So new laws have to be addressed and Congress is trying to address that right now. you can't just say, this was written and yeah, it may have been written 50 years ago, 20 years ago, I mean maybe even 5 years ago but it is out of date and it is not addressing a current situation. Thank you. SUPERVISOR RUSSELL: Would anyone else like to comment on this public hearing? Margaret Lynaugh, Mattituck MARGARET LYNAUGH: Yes, I am Margaret Lynaugh, Mattituck. The way I saw it, is it tree that all eastbound traffic has to enter and exit on Factory Avenue? In and out of7-117 SUPERVISOR RUSSELL: I don't know what the site plan would have called for. UNIDENTIFIED: Yes. October 20, 2009 Southold Town Board Meeting Minutes Page 122 MS. LYNAUGH: That is right. That is crazy. With everything we have on Factory Avenue. I live on Sound Avenue and I pointed out to Ms. Evans yesterday what we deal with and if all east bound traffic has to mm on Factory and exit on Factory, it is going to be a mess. COUNCILMAN KRUPSKI: Well, if you look at the traffic flow there and I am not saying you are wrong, you are tight, there is no, and I went to the Planning office and I did take a look at the plans. To let people come out onto the Main Road there would be really dangerous. Before we close the hearing... SUPERVISOR RUSSELL: Can I just make sure anybody else would want to comment on the public hearing? Well, you want to comment on the larger...okay, I am going to close the hearing and then I am going to go to the .... COUNCILMAN KRUPSKI: Can I just, on the public hearing, is there any consideration on the Board to act on this this evening and if there is, I would just like to address the Planning Board's concern that we received yesterday. SUPERVISOR RUSSELL: I would love to table it. COUNCILMAN WICKHAM: I think we would wait until we have a chance to discuss the broader questions. COUNCILMAN KRUPSKI: Alright. I just wanted to make sure that if we were going to in fact going to act, we should address these before we .... SUPERVISOR RUSSELL: Those are fundamental flaws that would need to be addressed. JUSTICE EVANS: Many of them have been incorporated in this version. COUNCILMAN KRUPSKI: I see some have but I don't know if number three or four have. SUPERVISOR RUSSELL: I don't sense a Board member is inclined to vote for this or against this tonight. COUNCILMAN RULAND: I would want to know for sure and I don't know that, that the Planning Board's recommendations are truly incorporated in the entire document and draft and I think they should appear in the draft form before we try to insert them piecemeal. So I think we should wait. Supervisor Russell SUPERVISOR RUSSELL: Okay. Let me get a motion to close this heating tonight. Supervisor Rrussell SUPERVISOR RUSSELL: These 7:30 meetings start to really wear on me. Would anybody like to now come up and address the Town Board on any issue of mutual interest? October 20, 2009 Page 123 Southold Town Board Meeting Minutes Dorothy Snyder DOROTHY SNYDER: My name is Dorothy Snyder and I am appearing before the Board and the people, the residents here in attendance to explain what has transpired since my last appearance. I would like to read to everyone what ! spoke of the last time I was here. My name is Dorothy Snyder, I am the owner of a 56 acre parcel of property located on North Road, Albertson Road, Colony and Bayview. One facing the Sound and one facing Arshamomaque creek. When I first purchased the property, I went in for a change of zone for a subdivision. The Board refused my application saying it was because they had no water. When I asked when it would become available, they said they had no idea. I was told to withdraw my application. This cost me much money to prepare. I also got letters from DEC and consultants etc. pertaining to wetlands. In their opinion, the property had no wetlands. I then became instrumental with Suffolk County Water Authority buying out Greenport Water. As a result of this, projects including Peconic Landing were able to be built. Then came the moratorium and a new Supervisor, Scott Russell. I have put in over seven more years of hard work to pursue my project. I feel strongly about this because the project would bring jobs, people would spend money, including downtown, where there are many closed stores. And most important, almost $1,000,000 a year would be gained in taxes in the project. As I went along with this with my architect, who unfortunately is not able to be here this evening, changes were made to cluster the buildings, put in a beautiful clubhouse and reorganize the layout as suggested. There would be someone on the premises at all hours to drive the people into town, to spend money, visit doctors etc. which would help the economy and keep very satisfied renters. By bringing in the extra revenue from this property every year, you wouldn't have to layoff people including police officers who cover from Orient Point to I have since heard, Laurel. This is not only creating heartache for people who have been laid off in these hard times but also causing people to leave our beautiful island. I would like the Board to take my application, have time to explain my intentions to the people. So that a fair judgment of my project could be made. I have given my application to the Planning Board and received a letter back from them stating the application was incomplete because the green return receipts had not been handed in. I had the radius map made and had all the green cards filled out and ready for the mail but I could not mail them without a date for the hearing which I never received from the town. I thank the Board and all who have listened and once again, I ask for your consideration to rezone my property. Thank you. The people's reaction to what I spoke of was that they all applauded for it. I was sent a letter I would like to read. That was after that meeting. It came from the Town Attorney's office. 'Dear Mrs. Snyder, Your letter July 2, 2009 has been directed to my office for a response. As you were previously advised by the Town Attorney's office dated March 20, 2009, the Town Board has declined to take any action on your application seeking a change of zone on your property from R-80 to HD. The Town Board is not obligated to hold a public hearing prior to making that determination. Please be advised that the Planning Department's review of the application and determination that the application was incomplete has no bearing on the Town Board's decision to take no action on the application. The Town Board considers this matter closed. Please be guided accordingly. Jennifer Andoloro' I am not trying to usurp the Board, and after hearing this all night, I truly mean that. But I once again ask that I be given a date to mail out those cards to allow the people to be given a chance to show how they feel about the project. Again, it is something every municipality should do, to give the people a chance to express their feelings, to save many, many dollars with a beautiful complex which is needed by October 20, 2009 Page 124 Southold Town Board Meeting Minutes the community. It would benefit the Village also with the revenue from the people in it. ! have spent many years and much money to make this project possible to be able to get this change. So once again, please give me a date for all the people to hear this. Thank you for your time. That was going to be the ending but after heating all the people here tonight and there are none now, so I am going to direct this to each of you personally. I understand that the purpose of a Town Board is to have the people have a time to voice their opinions of a project. Now this project is not saying to you, I am going to be a burden to you. This project is telling you I am going to put millions and millions and millions of dollars that I have worked all my life into it. But I know that I feel that it would be very much worthwhile. We do not have anything like that. I have 56 acres that go four road frontages and there is water on the property now. We do not have a need for more homes, there is too many foreclosures now. But by doing this project, I would even donate five acres of land which I told Scott Russell a long time ago, to the people that needs housing. I even had gotten Habitat for Humanity to agree instead of giving one person a home where it would be a hardship to take, give them five, six in one place so that one person could have everybody paint the thing, cut the grass etc. Now, I really mean this, I am speaking as a business person, I kept money at almost zero percent for many years so that I wouldn't have to be a burden to bankers and say I need the money to do my (inaudible), I need the money for this. I now can prove, I am not trying to impress you with how much I had, I am trying to impress you with what I feel will truly go. I am in an area that said private homes. You know yourselves there is nothing more than a lot of done foreclosures. This is the place which would give our young people jobs, not to have a budget that you have to layoff people. You are still working back and forth with the police whether to dump them or not. That is a tragedy. I feel that way anyway. And what more important is, ifI am willing to spend the money to give you something that the town needs, jobs, money, a beautiful place. Scott, you saw some of the designs, they were not little junky things. They were very beautiful, beautiful buildings with lots of clustering. I did everything possible to try to get it up to a point where it would go. Then the scenario changed. I don't know why the scenario changed. From something that could have been doable, all of a sudden, thumbs down went down on it. Did it hurt me7 It hurt not only me, it hurt all you people. I live in a very gorgeous home, a very gorgeous estate. I could live there very nicely alone. I am doing this to help a town that I fell in love with. I fell in love with this place. Why would not at least allow me to go on the calendar to send those big radius maps and what my gift typed up those green cards. Send them to the people. What have you got to lose.'? If the people are not going to want it, ladies and gentlemen, they are going to come out strong and say we don't want her to have that. Why can't you give the people a chance? That is part of what I determine you are, while you are sitting there, that is what you are supposed to be doing. The right thing for the people. But not like god. There is no god except one god. You are supposed to sit there and say okay, you know what? Mrs. Snyder you spent a lot of money and you did this community good even before you moved into it and that is the truth. And Scott, you know that. I changed every possible way we could. Clustered, it is going to be the most beautiful project you ever saw. Southold would be proud of it. You would give your people jobs. You'd make the town prosper. More important, you wouldn't have slips to hand out. You are fired, you are fired, you are fired. You would have plenty of money in your pockets and I like that idea. I am a business woman, too. You don't tell people no unless you give the people the tight to say it. You people are withholding the right to give a date to let the people come to a meeting and say yes, we want it, no, we don't want it. I would respect you from the bottom of my heart October 20, 2009 Page 125 Southold Town Board Meeting Minutes and god would probably bless you, too because you would be doing what your duties are. Letting the people decide. I heard so much of it tonight, there is nobody left almost. We stood here for hours and listened to what these people want. And you listened to it. I give you credit to every single thing and you answered it as best you could. But now I am begging you, please give me a date so that I can have the people come and answer, we don't want it, we don't want it. All I want, I don't need your monies, believe me. But I feel this place is too beautiful, I call this god's country. This is god's country. Let our kids stay here. Let's give them a chance to work on those apartments. I am not taking out of state crews, I am going to start from within. Don't you understand that? You keep your people here. We don't have apartments like that. I am sorry, I am glad there is nobody here because I get emotional when I have such a passion for something. It is something that would be so good. One time I gave Scott a DVD with pictures of all different apartments and they had so many, some had 15, some had 20 to an acre. They all were very happy, good projects. You go back today, you knock on a door, they are very pleased. These we would only be getting four to an acre. You can hardly make any money, it would take years and years and years for me to get back any of my money. I want to help Southold, I really mean this. Scott, you know it. I gave you a DVD, I had hoped the whole Board would come, even by bus, to go look at these places. They are so safe, anybody gets hurt, bing, a light lights up. Immediately they have help. That is what this would be like. Please, I am still offering my five acres. I will give you free, five acres. And you will be able to use it for whatever people need it, that need it, low end, whatever you want to call it. I am not going to call it anything. But please, you are cheating your Southold people of good money, a beautiful thing. You will never be ashamed of it. I promise you, just put it on the board, give me a date so my secretary can send it out, let the people who you represent, you heard all of this tonight, hours and hours and hours and hours. And it was my pleasure to listen to it. But you gave them all a chance, you are denying me of the opportunity that I have asked for several years and I have made changes. I have never been disrespectful to anybody. All I want to do is help everybody. When I heard those officers were getting the slip, I went to Captain Flatley myself. I said that I am so sorry that this has happened. If there is anything that I can do, you had best believe I will. And when I say I will hire your local carpenters, I will put up a sign if I have to. If I am going to get fined, what can I tell you. I will just put local people, jobs. As long as they are qualified, because I am not building anything but the best. That is the only thing I know how to do, so I beg you, I implore you, you don't have to worry about a million people saying this to you but that truly is your job. Is to get the people to give them what they want. It isn't that much. Scott, you are the supervisor, it isn't that much to give me a date. Try it. What is going to happen? You are going to hear that people want it and we are going to have a project that all of you would be proud of, a million dollars a year taxes. Come on. You would never have to put a slip out again for as long as this project is there. Forever. When I can't do it, my kids will do it. I thank all of you, I know this was extra heavy because you had a very heavy night and I really have gained more respect for every one of you by the way you stood and you listened. And I appreciate you. I really do. I have much more, I have much, after tonight, I think I have much more, I won't say the word love, respect for everyone of you. Please give me the opportunity. Please put me on the board, give me a date. Let me send out those green cards. See what your people, who you represent have to say about it. If they tell me get out, I don't want it, I will walk out humbly. But give them the chance. I beg you. Thank you very much. There won't be clapping because nobody is here but I don't care. I wasn't doing it for the rest of people. Thank you very much. I October 20, 2009 Page 126 Southold Town Board Meeting Minutes don't know if I can ask you know like they said. Can you do this, can you do that? But the Board is h~re that is going to say yes or no. Can you please give me a date to represent the project I want that would help all of you so much. That is really, I am not 21 anymore so you had better not push me anymore. But please, I know the people are going to say yes. It is going to be nothing but good. You don't have to put anymore pink slips. You will have money in your pockets. Remember I told you that once before. I said where you are a supervisor here and a businessman here and that project is gold. It is my money being used. not the banks flaky money but my hard earned money. Please give me a chance, will you? Can you answer or can't they? Are they waiting for you, Scott? SUPERVISOR RUSSELL: They haven't yet in the time they have been Town Board members. MS. SNYDER: Inaudible. Could you please tell me .... SUPERVISOR RUSSELL: I tell you what I would be willing to do, let your architect come with you to a work session and present exactly what you want to show us. Okay? To a work session. MS. SNYDER: Inaudible SUPERVISOR RUSSELL: But, I am telling you .... MS. SNYDER: I guarantee you, when they see this project, they will say yes. COUNCILMAN ORLANDO: They said that about the Heritage, too. SUPERVISOR RUSSELL: Let me just tell you, though. We will let you come in, I would certainly be willing to let you come in with Jeff, I think his name is .... MS. SNYDER: Steve SUPERVISOR RUSSELL: Steve, that is right. I would let you come in and show the Town Board what you want to propose for that site so they have a real good understanding of it. MS. SNYDER: Fine. SUPERVISOR RUSSELL: But you need to hopefully accept the fact that if the thumbs are down, it is over. We can't keep .... MS. SNYDER: But wait, I don't really think that is fair because you have from now until then to shh, shh, shh, whatever you want. I am not saying you are going to do it but I have watched you approve this. I have watched you say that is a good idea. COUNCILMAN WICKHAM: Mrs. Snyder .... MS. SNYDER: Inaudible. October 20, 2009 Southold Town Board Meeting Minutes Page 127 COUNCILMAN WICKHAM: But we don't listen to him anyway. MS. SNYDER: No, I really mean it. It is a beautiful project. You would be very proud .... JUSTICE EVANS: It is not about the project, it is about the zone. SUPERVISOR RUSSELL: Well, that is one of the problems. You asked for more density per acre than any zoning allows. MS. SNYDER: This is, here is what I am trying to tell you. I have already got the literature even. There are more children from private homes (inaudible) than there are from apartments. this is being very much clustered. They are beautiful and I am giving you five acres. Inaudible. COUNCILMAN WICKHAM: Mrs. Snyder, you have asked to be before us at the next meeting and I think... MS. SNYDER: Inaudible...if you would put on the calendar. COUNCILMAN WICKHAM: And the Supervisor made a, I think, a very generous proposal. Do you have an attorney who is working with you? MS. SNYDER: Oh, I give up with attorneys. COUNCILMAN WICKHAM: I think it would convey more confidence to the Board if you had an attorney with you when you come. Not that it is a legal type of thing, I mean, not that you are not welcome on your own. But an attorney who... MS. SNYDER: Excuse me, (inaudible) they are going to tell you everything they want to hear. I am telling you me. I am doing this whole project. Inaudible. COUNCILMAN WICKHAM: Mrs. Snyder, I am just trying to tell you, if you do come with us and I think the Board would welcome it, I think it would convey greater confidence to us if you had a land use attorney with you, on your side, who can help reflect the specifics and the legalities we have to deal with as a Board and .... MS. SNYDER: I was going to ask Mr. Cuddy. Mr. Cuddy is involved with another project. It isn't that I didn't try. l have confidence in just so many attorneys. COUNCILMAN WICKHAM: Fine. MS. SNYDER: He is a good one. COUNCILMAN WICKHAM: Yes, he is. October 20, 2009 Page 128 Southold Town Board Meeting Minutes MS. SNYDER: But he is involved with something else. My architect is the greatest, that DVD; he has done 25 minimum of them. He knows what he is talking about, if you want me to bring him along again, you met him. SUPERVISOR RUSSELL: Yes, I did. MS. SNYDER: Very nice gentleman, very intelligent. His designs are there. I will come to you but don't let it be too much longer. Don't let it be Christmas time, let's get ahead of it. Because the sooner you say yes, we can send those slips out. So when you say slips out and the people say yes, we can start our construction. Okay? Thank you, gentlemen. Very much. COUNCILMAN WICKHAM: Thank you for being here. MS. SNYDER: I am proud of all of you. I really am. After tonight, you deserve a medal. Thank you very much. COUNCILMAN ORLANDO: Jim, you had another last question? Jim Dinizio, Greenport MR. D1NIZIO: Yes, can I speak? COUNCILMAN ORLANDO: You are up. MR. D1NIZIO: Okay, it seems un-American that the woman can't get an application to let you hear what she wants to do with a change of zone but I am sure you have your reasons. I am here because of something I read in the paper. And I just want to start out with I was a member of the Zoning Board. Jim Dinizio, Greenport. And while I was on the Board, our Board heard an application concerning a windmill at a vineyard and we mined them down. I voted to allow them to do it but it was 4 to 1 against. Vinnie was on the Board then, too. Subsequently the Town, actually the Suffolk Times heard a letter, got a letter fi.om one of the members of the Board basically saying, well, if it is not in the law, then we can't grant it. Which I disagree with wholeheartedly, that is why you have a zoning board as a relief valve. After that, you guys came up with a law. Well, not all of you but certainly the Town Board did and that law is, I don't know, how old? Five years? Four? Does anybody know? SUPERVISOR RUSSELL: Not even, I have been here for four and it was probably passed towards my second year. MR. D1NIZIO: Right. Right. SUPERVISOR RUSSELL: About two and half years old. MR. DINIZIO: Three years, right, right, so now we have a law, it is two years old and I read in the paper not too long ago that it is a 3-3 vote that they want to change the law. And with a 3-3 tie, you don't get to change the law you guys, you, indecision there, well, I don't know what the indecision was but it goes back to my comments before, you know, there is no respect for the October 20, 2009 Page 129 Southold Town Board Meeting Minutes law. There is no respect for what you write down it seems, lately. Okay?. Because this is not the only law that this happened. Well, anyway, you set your parameters, what you did was the will of the people, maybe some people don't like it, probably nobody likes it but some people think some things are good and some people think some of the things are good and this is what you come up with, that is part of being a democracy, that is part of what our town is all about. That is part of what you guys are all about. Okay, you don't make anybody happy but you know, you have got a law and by the law, I think you should live by it. COUNCILMAN ORLANDO: By the way, that vineyard can put a wind turbine up now but it hasn't. MR. DINIZIO: Well, yeah, I agree with you. You know, I think that, you know, once you turned down a little bit, you get a little dishearted you know, because you thought maybe certainly after heating a comment from one of our members that said I don't think he should have it because it will look ugly, I don't think your patrons will want to see it. I think you get a little dishearted after that, okay? But that is besides the point. The point is now, we have a law. I read the Suffolk Times now that someone wants to come before the law, before the ZBA with an application and basically decimate the law because the law is, among other things, that 300 foot. That is the entire law. Okay? The rest of it is really not much. What you all agree to that 300 feet and this guy, this gentleman wants to get a variance for 55 % of that. 55 %. Now the Zoning Board is supposed to be a relief valve. It is supposed to be for what you don't think about, okay? Well, quite honestly, because it has got to be so far away and it is going to cost so much money to do, is not a reason that is specific to that person because everybody has to live by that law. Okay? Because it costs too much money isn't a reason. It certainly 55 % is not minimal. Now, I could see if there was a cesspool in the way, you know, some kind of, maybe a huge hill so he needs to move it over towards, I could see that. But I have seen the property, it is flat. It is vineyards. (Inaudible) easily replaceable. You can ditch between them and everything, so it is not a problem. In any case, so then I read in the paper and this will only take a couple of minutes, I just want to get to one point, that they are going to re-hear it. They are going to give him a second shot at it after you guys discussed and couldn't come to a conclusion that the law should be changed. And my specific thing is to Mr. Simon's statement that you know, what Mr. Page wants is good and I believe the Town is, I can't read it quite but is being foolish here. Okay? Quite honestly, a ZBA member is supposed to be a judge. I feel that that person isn't qualified to be at this heating. Honestly, that statement would get him kicked off the Board if I had my vote. Now, I hope you are doing something about it. I hope I don't see him at that hearing because I intend to go. I don't believe he should be part of this heating. Then we have Mr. Goerhinger basically, because Mr. Simon was on the tight track, I mean, he was saying I thought, the right thing. You know. You know, not going to hold this guy up giving him false hope because we are not going to give him a variance for that amount. Mr. Goerhinger basically browbeat him into changing his mind and said he was living in a dream world if he thought the town was going to change the code. I have heard that before. I have heard Mr. Goerhinger intimate that before. You know what it gave us? The Walls decision. An increase in zoning variances of 1/3. Every third variance that that Board hears now is the result of a code and I know you heard me talk Walls, I am stuck on it. Sorry. You guys are going to hear it until you fix it. Now we are going to have Mr. Goerhinger fix the law. Well, I don't think Mr. Goerhinger October 20, 2009 Page 130 Southold Town Board Meeting Minutes should be on this heating either. I think he is a detriment to the laws of our town in this instance. So I am asking you, somehow get a message to both those two, that they recuse themselves from this heating. You could do it with three. You have got three good members there. They can make a decision. They shouldn't be making a decision. They shouldn't have voted to open it but I am sure that they thought perhaps that you guys might be doing something to help Mr. Page. Now I have my own reasons why certain members of this Board voted for Mr. Page or brought that up and why others didn't. And it has more to do with his yard signs than anything else. So what I would like to hear is that these two men are not fit to stand on this heating and hear this heating and make a decision based on this heating based on their public comments. And that is all I have to say. thank you very kindly. I appreciate your standing up to me. This was really the only thing I was going to say all night but .... SUPERVISOR RUSSELL: Just so you know, I wrote to Mr. Simon asking him to recuse himself based on those comments and I cc'd the assistant Town Attorney who serves as the counsel to .... MR. DINIZIO: Well, I think Mr. Goerhinger has a problem. SUPERVISOR RUSSELL: He chose a predisposition on an application, similar to what you were accused of some years ago with regard to your comments with regard to Cross Sound ferry. MR. DINIZIO: Right but it never came before, you don't know ifI was going to recuse myself. SUPERVISOR RUSSELL: Well, that is right, but what happened was, I think the lady stood up and said if the application comes before you, you should recuse yourself. I agreed with her then and I agree with you know. MR. DINIZIO: And I agreed with her, too. SUPERVISOR RUSSELL: That is right. There is no difference. MR. D1NZIO: I mean, I would have recused myself. SUPERVISOR RUSSELL: That is tight. And it showed his predisposition on that case and he has no... MR. D1NIZIO: Exactly. You know I wasn't going to argue that case and they shouldn't argue it either. But this is the way this Board has been going. Now you have an opportunity here, okay, to rebuild this Board to a real Board. Zoning Board. What it was meant to be. A very specific by state code, Zoning Board. Doing only variances. That is why my comment about the special exceptions, the bed and breakfasts, all of that should be out. Because they should be concentrating specifically on variances. That is what their job is. The rest of it, special exceptions can go someplace else. And so can permits for wineries and all of that stuff and checking for parking and for all of that, shouldn't be part of the Zoning Board. Because the Zoning Board is not for that. They are supposed to be judges. They are supposed to remain out October 20, 2009 Page 131 Southold Town Board Meeting Minutes of the fray. Okay? One of them put themselves into the IGA situation. I mean, it just goes on and on and on. And I think that you need to put your foot down and I hope that you do. Have a good evening. SUPERVISOR RUSSELL: Thank you, Jim. COUNCILMAN ORLANDO: Thanks, Jim. Supervisorr Russell SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? (No response) Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:09 P.M. Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Kmpski Jr., Wickham, Evans, Russell