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Home My WebLink AboutTB-06/15/2010ELIZABETH 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 MINUTES June 15, 2010 7:30 PM A Regular Meeting of the Southold Town Board was Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the Pledge of Allegiance to the Flag. Call to Order 7:30 PM Meeting called to order on June 15, 2010 at Me Southold, NY, I. Reports 1. Trustees Monthly Report 2. NFAWL Financial Statements 3. Island Group Employee Health Ca 4. Justice Rudolph H. Bru~ 5. Program for the Disableff 6. Building. Departme~ 7. Accounting: Bu~ 8. Justice Louisa P~ 9. Justice William H.~r~ 10. Human Resource Rte II. i ;~ Reports Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net Route 25, IV. Discussion 1. 9:00 AM ~rner "The Case for Preserving Plum Island" 2. 9:30 AM Jamie Richter 3. 10:00 AM Joe Fischetti 4. 10:15 AM Damon Rallis 5. 10:30 AM Heather Lanza, Mark Terry, Melissa Spiro, John Sepenoski, Leslie Weisman 6. 11:00 AM Jim McMahon 7. Building Permit Fees June 15, 2010 Page 2 Southold Town Board Meeting Minutes 8. Request for Trailer Permit 9. Historic Preservation Commission Denial of Certificate of Appropriateness 10. Exterior Lighting - Set for Code Committee 11. Stewardship Management Plan for Mill Road Preserve 12. Wireless Code Amendments 13. East End Institute Update 14. Employee Evaluations 15. FEMA Reimbursement Update 16. LPC Policy Regarding Procurement and Materials Used on Preserves 17. Weblink/Laserfiche Internet Connection 18. 12:00 PM Executive Session - Mike Krauthamer 19. Executive Session 20. Executive Session - Litigation Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts thc minutes dated: Tuesday, April 06, 2010 Yes/Aye No/Nay Abstain Absent [] [] [] [] William Ruland Voter [] Accepted Vincent Orlando Voter [] [] [3 [] [] Accepted as Amended ~hrls~p~ex T~i~ Sec0~er [] [] Tabled ~u ~P Evans Initiator [] [] [] [] Scott Russell V~ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, April 20, 2010 Yes/Aye No{Nay Abstain Absen~ William Ruland Voter [] [] [] [] [] Accepted ~t ~ and~ : ~er El ~1 [3 El [] Accepted as Amended C~0~h~r Talbot Seconder V~ El [] [] Initiator [] [] [] [] Louisa P. Evans Scott Russeii Voter El El El RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, May 04, 2010 Yes/Aye No/Nay Abstain Absent William Ruland Voter [] [] [] [] [] Accepted Vincent Orlando Voter [] Accepted as Amended ~0~b~ T~ib~ ~econder El El El [3 [] Tabled El El [3 El Albert Krupski Jr. Voter Louisa P. Evans Initiator [] [] [] [] Scott R~ssen V~t~ El ~ El El El June 15, 2010 Page 3 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, May 18, 2010 Yes/Aye No/NaY Abstain Absent ~iiii~m Ruland Voter [] [] [] [] 0 ' 0 cJ n [] Accepted Vincent Orlando Voter [] Accepted as Amended Qhris~0pher Ta hot ~ec0nder ~ [] [] [] [] Tabled Albcnl Krupski Jr. Voter [] [] [] [] Louisa P. Evans Initiator [] [] [] [] Scott Russell Voter [] [] [] [] RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, June 01, 2010 ~ VoteR~eord - P,.eeepta~ of ~m~ for J~ 1, 2010 4:30 PM Ye~Aye No~ay Abstain Absent William Ruled Vot~ ~ 0 0 ~ 0 Acc~t~ as ~d~ C~s~0p~ Talbot S~ond~ ~ ~ ~ 0 0 Tabl~ ~!b~ ~ps~ Jr. Vot~ ~ ~ ~ ~ 0 Special Presentation 7:30 PM - National CPR and AED Awareness Week 7:35 - Den 6 Weblos Opening Statements SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Thank you. Before you sit, can we please join in a moment of silence for a young man whose family resides in Southold Town, Lieutenant Joseph Theinert, who lost his life in Afghanistan this past week. Thank you. And now I have this proclamation that I would like to give to Nancy Cohen, the Director of Development and Community Affairs for Family Residences and Central Enterprises. "Resolved that approximately 325,000 Americans suffer cardiac arrest each year and more than 95% die before reaching the hospital; ifCPR and defibrillation are not applied within 10 minutes there is virtually no chance of survival, but in cities where defibrillation is provided the survival rate is as high as 49%; and whereas educating Americans about the necessity of CPR and AED training and use can save more lives from sudden cardiac arrest; in an effort to establish well- organized programs that provide this training and increase public access to AED's, U.S. Representatives Kuhl and Boren have introduced a bill designating the first week of June as "National Cardiopulmonary Resuscitation and Automated External Defibrillator Week" and Whereas the health, safety and welfare of the residents of and visitors to Southold Town is of primary concern to those elected and appointed to oversee the general care of our citizens: now, therefore be it resolved that the Town Board of the Town of Southold joins with the National Foundation for Human Potential in recognizing the first week of June as National June 15, 2010 Southold Town Board Meeting Minutes Page 4 Cardiopulmonary Resuscitation and Automated External Defibrillator Week and encourages our resident to observe this week with appropriate awareness and action." Inaudible comments. SUPERVISOR RUSSELL: What I am going to do is have anybody that would like to come up and address any of the items as they appear on the agenda and then after that we are going to go a little out of process. There are a lot of young residents here tonight to speak on behalf of a basketball court, I believe. And I certainly don't want to discourage them from government service down the road by making them sit through a whole Town Board meeting, so I am going to have them come up after we cover the agenda items. Would anybody like to address any issue as it appears on the agenda? George? GEORGE SCHNEIDER: Thank you. This is the accessory apartment issue and I am not clear on the wording of this when it says livable space, 450, 750. Does that include the walls, closets things like that? SUPERVISOR RUSSELL: The calculations are based on the external measurements, if I am not mistaken Chris. COUNCILMAN TALBOT: If you are talking about gross floor area, it would be the interior of the exterior walls. SUPERVISOR RUSSELL: Right. COUNCILMAN TALBOT: The outside square footage of the building but the inside living space would be the interior of the exterior walls. MR. SCHNEIDER: The interior of the exterior walls. Is that the way it is calculated now for residential structures? COUNCILMAN TALBOT: Well, it is not based on, we don't have anything on that in the law now it is just based on lot coverage. So you don't have any maximum dwelling sizes or minimum dwelling sizes that you need to have. We have maximum but there are minimum as far as state code. MR. SCHNEIDER: Well, I am thinking of the assessment, if the assessor comes and measures the size .... SUPERVISOR RUSSELL: The assessor assesses from the external measurements for calculation of the cost of reproduction. Absolutely exterior measurements. MR. SCHNEIDER: But the apartment is going to be the inside dimensions? SUPERVISOR RUSSELL: The calculation of the assessment would be based on the exterior June 15, 2010 Page 5 Southold Town Board Meeting Minutes .using from an external measurement. MR. SCHNEIDER: Right. So for the 750 square feet, the limit for an accessory apartment, would that be the outside... COUNCILMAN TALBOT: Might need to be a clarification on that. SUPERVISOR RUSSELL: Yes, we will get a clarification from the building inspector but I think the intent was to make sure that the apartment itself, the habitable space wouldn't exceed 750. That would seem to indicate the interior space. For instance, if you had a 1,200 square foot second floor on a garage, we would like to see no more than 750 feet of that be a use for living space. MR. SCHNEIDER: Alright. I would ask you to consider two items, first the 750 square feet for new construction but an existing structure 850 square feet. And the reason I say that is because I think a lot of people in their mind see an apartment as being occupied by one or two people but in the event that you have a family and a child, I think it would be nice to have a second bedroom. We are talking about a 10 X 10 room here ..... SUPERVISOR RUSSELL: The problem is, there is a real legal distinction between 750 and 850. 850 would be getting to the point of the size for a single family dwelling, what we don't want to do is create an environment where people are building second structures on site. We want the accessory to be the key component to that legislation, it needs to be accessory to something. Accessory to the house, accessory to the garage, accessory to something which is why we capped that at 750. MR. SCHNEIDER: So that extra 10 X 10 is .... SUPERVISOR RUSSELL: It is something I wouldn't support but certainly the Board can always consider that when we have the public hearing tonight. COUNCILMAN KRUPSKI: We did have, yes, we had that discussion about the size, about keeping it under 850. That was done consciously, to keep it under 850. MR. SCHNEIDER: How about 849? COUNCILMAN KRUPSKI: It sounds like you have something in mind, neighbor. SUPERVISOR RUSSELL: Would anybody else like to address any of the agenda items? Any of the agenda items? BENJA SCHWARTZ: Benja Schwartz, for those of you that don't know me. Some of you know me and I haven't had a chance to look at the agenda because as you very know, it is not posted until the middle of the day. I am busy today but I don't understand why the agenda says, at the top of the agenda every time that it starts at 7:30 when it starts at 9:00 am. You all know June 15, 2010 Southold Town Board Meeting Minutes Page 6 that, I know that but I think the agenda should reflect the reality of the way it is and the discussion items that are here at the front of the agenda, I don't know if we are going to discuss them here tonight or not but I think we should. I have some questions and some comments about some items and I am not sure that they are on the agenda or not. SUPERVISOR RUSSELL: Okay. If it pertains to any of the specific items for discussion, feel free to raise those issues now even if there is no action pending. MR. SCHWARTZ: I don't, in the discussion items there was something about, there were things about referring to the comprehensive plan but there is a lot of specific items in the comprehensive plan that we could talk about, the so called dark skies, the noise ordinance which I don't think is present on here but etc., the problem with all that comprehensive plan is it doesn't, it is Southold Town government planning for Southold Town but you left out planning for Southold Town government. And that is why I bring up the order of the agenda items. I think we need to look at the way Southold Town government works and make some real changes. Not just cosmetic changes or a couple of little changes in personnel. But changes in the way we do business. Okay? SUPERVISOR RUSSELL: Thank you. Would anybody else like to address items as they appear on the agenda? Okay, Melissa, I am going to offer you the opportunity to come up and address the Board now. MELISSA WILCENSKI: Thank you so much for letting us interrupt you. I wanted to pass this along to the Board. As you know, my name is Melissa Wilcenski. I am trying to get the basketball court down at Tasker park and Cochran. We brought to the table, this is a petition from over 250 people in our (inaudible). Two hundred and fifty residents that have signed this, I would like to pass that on to you. And also, the children have started one and that is over 150 signatures. SUPERVISOR RUSSELL: Yes, please feel free to come up and I would urge you to feel free, any more names you, any day of the week bring them to the Town Clerk's office and we will add them to the petition. MS. WILCENSKI: Great, thank you. JOE CASSIDY: Good evening, my name is Joe Cassidy. I have been a CYO basketball coach for St. Pat's for 12 years, coordinator for about six of those years. We know, I have played basketball with a group of guys my age, over 40 I would say, we still play basketball, we would love to use the park, like a basketball court. Saturday mornings a lot of times a lot of kids are playing basketball at some of the smaller, half courts around the local schools but we don't really have a full court basketball court where they could actually play full court games. And as kids get older, young adults, we need something a little bit bigger for them to play on. There is a lot of half courts at the schools and stuff but nothing substantial that people can use. But I just want to share my support with the idea of a basketball court, I think it is desperately needed in Southold and it would be great to have. June 15, 2010 Page 7 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Thank you. WINSTON WILCENSKI: My name is Winston Wilcenski, I am a sophomore at Southold. Our basketball team this year, the only team on Long Island to go undefeated, I don't know if you guys know that ..... SUPERVISOR RUSSELL: Wait, wait. Before you start clapping, realize that you are talking to four people who graduated from Mattituck. COUNCILMAN TALBOT: I was just thinking, if you went undefeated, what do you need another basketball court for? MR. WILCENSKi: We have eight seniors graduating this year, we have a very small team returning back. The school is closing, it is summer, we are not able to play at the gym. The court down at the school has, as we have said, is half court and the one full court we have has an 11 foot hoop in it. Lower than 10 foot hoop, pole in the middle of the court all the time. We need a court basically to play and start practicing for next year. JUSTICE EVANS: The school doesn't allow you to use the gym in the summer? MR. WILCENSKI: No, they do not. SUPERVISOR RUSSELL: They used to have a process a long time ago that was open gym night, Tuesday's and Thursday's .... MR. WILCENSKI: We also are trying to get that but they said it was insurance and it is just not working. Even if we have a supervisor in the gym. SUPERVISOR RUSSELL: Well, we are going to certainly listen to everything you have to say about this and I do appreciate your comments, I really do. COUNCILMAN TALBOT: Thank you, Winston. SUPERVISOR RUSSELL: Would anybody else like to address the Board on the issue? DAVID MURRAY: My name is David Murray from Greenport. I am also a CY0 basketball coach. I have been coaching now for four years and finding gym time is very difficult for CYO, we juggle between Greenport school, Southold and also Oysterponds. It is very difficult to find quality practice time. So I am here basically here to support tying to get a basketball court built at Tasker. We have got a fantastic facility there and I think this would only enhance the park and I think there is adequate space for it as some people have mentioned, where they are talking about that it could work. Also, this is Luke Hansen, he is on my CYO basketball team. His father is very involved in the baseball program. Tell them how much you would like to see a basketball court. Would you like to see a basketball court? June 15, 2010 Page 8 Southold Town Board Meeting Minutes LUKE HANSEN: Yes. MR. MURRAY: He is a fantastic ball player and if we want Southold to be undefeated, we need this kid playing a lot more. COUNCILMAN TALBOT: Can you dunk? MR. MURRAY: He is working on it. But he will, he will. Thank you very much. SUPERVISOR RUSSELL: Thank you. Would anybody else like to comment on the basketball court? Okay. Thank you very much for coming out. We certainly appreciate it. We really do. Thank you. V. Resolutions 2010-417 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated June 15~ 2010. Vote Record - Re~olutlon RES-2010-417 [Z Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [3 [] [] [] Withdrawn Christopher Talbot Second~ [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter I~ , [] [] [] Tax Receiver's Appt Louisa Pi E~ans Initiator ~ [] [] [] [] Rescinded [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] Supt Hgwys Appt Comment regarding resolution #417 COUNCILMAN RULAND: Mr. Supervisor, I will have to recuse myself on this vote as there is a conflict of interest between myself and a vendor. 2010-418 CATEGOR~ DEPARTMENT: Set Meeting Town Clerk Set Next Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, June 29, 2010 at the Southold Town Hall, Southold, New York at 4:30 P. M.. June 15, 2010 Page 9 Southold Town Board Meeting Minutes Vote ~1 - Re~tlu~n R1~8-2010,4t8 ~ Adopt~ D Adopt~ ~ ~md~ Ye~Aye No~ay Abstain Absent D Tax R~v~s Appt ~ P. Ev~s hitiator ~ ~ ~ ~ ~ Supt H~wys Appt 2010-419 CATEGOR~ DEPARTMENT: Budget Modification Accounting Amend Resolution 2010-398 Budget Modification Fiscal Impact: Correct budget modification adopted June 1, 2010 for police impound fence RESOLVED that the Town Board of the Town of Southold hereby amends resolution no. 2010-398 adopted at the regular meeting of the Southold Town Board on June 1~ 2010 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 budget as follows: General Fund Whole Town To: A.9901.9.000.100 Transfer to Capital Fund From: A. 1620.4.400.300 Dredging Goldsmiths Inlet $3,000 $3,000 Capital Fund To: Revenues: H.5031.65 To: Appropriations: H.1620.2.300.350 Interfund Transfers Police Impound Fence $3,000 $3,000 June 15, 2010 Page 10 Southold Town Board Meeting Minutes I~ Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland : Initiator : [] [] r-I [] [] Tabled V ncent Orlando Seconder ~ [] [] [] [] Withdrawn Chfistoph~ Talbot voter [] [] [] [] [][] TaxSUpervis°r'SReceivefsAppt Appt Albert Krupski ~r. VPter Louisa P. Evam Voter [] [] [] [] [] RescInded Voter [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt 2010-420 CATEGORY: DEPARTMENT: Attend Seminar Town Attorney Grants Permission to Assistant Town Attorney, Lori M. Hulse, to Attend the Seminar Entitled "Ethics in Litigation & Personal Injury Matters" at the Suffolk County Bar Association Center in Hauppauge, New York, on June 23, 2010 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Assistant Town Attorney~ Lori M. Hulse~ to attend the seminar entitled "Ethics in Litigation & Personal In[ury Matters" at the Suffolk County Bar Association Center in Hauppauge~ New York~ on June 23~ 2010. All expenses for registration and travel are to be a charge to the 2010 Town Attomey budget. Vote Record ~ Resolution RgS~2,O t0-420 ~ Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert lCaupski Jr. Seconder [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter I~ [] [] [] [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] Supt Hgwys Appt 2010-421 CATEGORY: DEPARTMENT: Employment - Town Accounting Hire Summer Seasonal Staff RESOLVED that the Town Board of the Town of Southold hereby amends resolution no. 2010- 377 to read as follows: Resolved that the Town Board of the Town of Southold appoint the following 2010 seasonal summer staff for the period June 26 - September 6, 2010 as follows: STILLWATER LIFEGUARDS HOURLY SALARY June 15, 2010 Southold Town Board Meeting Minutes Page 11 Ivy Croteau (2nd year) .............................. $12.17 Adam Doroski (2nd year) ............................ $12.17 Jordan Doroski (8th year) ........................... $13.82 Ryan Farrell (2nd year) ............................... $12.17 Aidan Fogarty (2nd year) ............................. $12.17 Matthew Grzesik (2nd year) ........................$12.17 ............. ~ .... .,v~j ............................... $1~.7~ Matthew Hallock (lst year) ........................... $12.17 Brittany Knote (5th year) ............................. $12.99 Nicole Kozlowska (3rd year) ......................... $12.44 Michel Liegey (lst year) ............................. $12.17 Christiana Man'on (4th year) ........................ $12.72 McElroy, Timothy (4th year) ........................ $12.72 Sean Norberg (1 st year) ............................... $12.17 Jessica Orlando (3rd year) ............................ $12.44 Kevin Parma (2nd year) ............................... $12.17 Megan Ross (2nd year) ............................... $12.17 Katie Scott (2nd year) ................................. $12.17 Thomas Smith (4th year) .............................. $12.72 Andreas Stavropolis (2nd year) ..................... $12.17 Winston Wilcenski (1 st year) ......................... $12.17 Maeghan Wood (1 st year) ............................ $12.17 Breton Worthington (1 st year) ........................ $12.17 Sean.Whyard (5th year) ............................... $12.99 BEACH ATTENDANTS Rick Gramazio (2nd year) .............................. $9.42 Jacklyn Goy (lst year) .................................. $9.42 EmilyMetz (2nd year) ................................. $9.42 Kevin Metz (3rd year) ................................. $9.58 John O'Donnell (2nd year) ............................. $9.42 RECREATION SPECIALISTS (WATER SAFETY INSTRUCTORS) Emma Chylinski ( 1 st year) ............................. $16.57 Jessica McDonnell (1 st year) .......................... $16.57 BEACH MANAGER Arthur Quintana (22nd year) .......................... $15.94 RECREATION AIDES (PLAYGROUND INSTRUCTORS) Jacklyn Goy (2nd year) ................................ $11.34 Ashley Hruz (2nd year) ................................ $11.34 LIFEGUARD TRAINERS Deborah Hennenlotter to volunteer her time as needed June 15, 2010 Page 12 Southold Town Board Meeting Minutes Meg Sautkulis ( 1 st year) ................................ $15.74 [] Adopted [] Adopted as Amended y~s/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] I~ [] [] Tabled ~i~e~t ~i~do ~ Fl [] Supervisor's Appt ~ibert ~ ~ ~!ti~t~ ~ ~ ~ ~ [] Tax Rece/ve~s Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Voter [] Town Clerk's Appt Scoit Russell ~ F1 I'l [] [] Supt Hgwys Appt Comments regarding resolution 11421 COUNCILMAN ORLANDO: Betty, I am going to recuse myself on this one, as I did last time. 2010-422 CATEGORY: DEPARTMENT: Budget Modification Town Clerk Budget Modification Fiscal Impact: Employees requested more time than was budgeted for in 2010 budget. Payment was made pursuant to administrative agreement. RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2010 budget as follows: From: A. 1990.4.100.100 Unallocated Contingencies $1,698 To: A.1410.1.100.300 Town Clerk, P.S. Full-time Vacation Earnings $1,599 A. 1410.1.100.400 TownClerk, P.S Full-time Sick Earnings. 99 1~ Adopted [] Adopted as Amended : yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled F~ El ~ [] Vincent Orlando Voter [] Withdrawn , Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt A!~ ~psk! Jr: ~ [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] : [] [] [] Rescinded Voter [] Town Clerk's Appt Scott Russell [~ FI :i Fl ~ [] Supt Hl~wys Appt 2010-423 June 15, 2010 Page 13 Southold Town Board Meeting Minutes CATEGORY: Consulting DEPARTMENT: Accounting Engage Actuary for GASB 45 Valuation RESOLVED that the Town Board of the Town of Southold hereby enga~,es ChernofL Diamond & Co. LLC to provide actuarial valuation and related professional services to the Town relative to GASB Statement 45 (Post-Retirement and Other Post-Employment Benefits) for the fiscal year ending December 31~ 2009~ in an amount not to exceed $12,000, which shall be a legal charge to the Accounting and Finance Department's 2010 Actuarial Services budget (A. 1310.4.500.200). Vote Record - ReSOlution RES-2010-4~3 I:~ Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawa Christopher Ta bot In t a or [] [] [] [] [] Super~isor's Appt Albert Krupski Jr. yoter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] · [] [] [] Town Clerk's Appt Scott Russell Initiator [] [] [] [] [] Supt Hgwys Appt 2010-424 CATEGOR~ DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Cutchogue-New Suffolk Historical Council to Close Cases Lane from Cedar Road to Main Road, Cutchogue, from 7:00 AM to 5:00 PM for Its Annual Antiques Show and Sale, on Saturday, July 3, 2010 Fiscal Impact: Police Department Cost for Event = $304.40 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Cutchogue-New Suffolk Historical Council to close Cases Lane from Cedar Road to Main Road~ Cutchogue~ from 7:00 AM to 5:00 PM for its Annual Antiques Show and Sale~ on Saturday~ July 3~ 2010, 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. [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [3 Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [3 Withdrawn i i ~Si~p~ T~ ~ ~i~i ~ [3 [3 [3 [] Supervisor's Appt A!b~ ~p~k! Jr: Vp~er [] [] ~ O [] Tax Receiver's Appt [] Rescinded Louisa p. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt June 15, 2010 Southold Town Board Meeting Minutes Page 14 2010-425 CA TEGOR Y: DEPARTMENT: Authorize to Bid Police Dept Authorize and Direct the Town Clerk to Advertise for Bids for Surplus Police Vehicles RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the following surplus police vehicles: 2003 FORD Crown Victoria - color Gray - VIN 2FAFP71W73X109519 - 107,309 miles 2005 FORD Crown Victoria - color White - V1N 2FAHP71W45X126760 - 112,450 miles 2005 FORD Crown Victoria - color White - VIN 2FAHP71WX5X126763 - 122,125 miles Contact person is Lt. H. William Sawicki (631) 765-2600. Vehicles are in "as is" condition and may be viewed at Police Headquarters, Peconic, NY. Be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. Vote Recurd ~ R~olut Ion RES-201042~ [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert Krupsk! Jr. Seconder [] : [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter gt [] [] [] [] RescMded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-426 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the North Fork Country Club's Annual Golf Tournament in Cutchogue for a Limited Closure of Moore's Lane on duly 16 and 17, 2010 Fiscal Impact: Police Department cost for event = $587.36 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the North Fork Country, Club's Annual Golf Tournament in Cutchogue for a limited closure of Moore's Lane~ from the Main Road to the southerly line of the "Country Club Estates" subdivision~ total closure from that southerly point south to the northern line of the William Tyree land parcel~ and limited closure from that point south to the intersection of Moores Lane and New Suffolk Avenue (closures would permit access to residents of June 15, 2010 Page 15 Southold Town Board Meeting Minutes Moores Lane and "Country Club Ektates')~ on Friday~ July 16~ 2010 from 7:00 AM to 6:00 PM and Saturday~ July 17~ 2010 from 7:00 AM to 3:30 PM provided they file with the Town Clerk a $100 fee, a $250 Clean-up Deposit, a remuneration fee for police coverage of $578.36 and a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley immediately upon the approval of this resolution to coordinate traffic control. g~ Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter I~ [] [] [] [] Tabled Vincent Orlando Seconder [] ~ I~ [] Withdrawn Cinistopher Talbot Voter ffl [] I~ [3 [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Initiator ~] [] [] [] [] Rescinded Louisa P. Evans Voter I~1 : [] : [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt Comments regarding resolution #426 COUNCILMAN TALBOT: Mr. Supervisor, I will have to recuse myself as I am going to be a participant in this event. 2010-427 CATEGOR~ DEPARTMENT: Bid Acceptance Fishers Island Ferry District Accept Bid Z&S RESOLVED that the Town Board of the Town of Southold, upon the recommendation of the Fishers Island Ferry District Board of Commissioners, accepts the bid of Z&S Contracting to perform complete roofing projects to the FI Annex building, State Police Barracks and Bldg, #240 according to the specifications of the bid proposal, and subject to the approval of the Town Attorney. ,~ ~Vot~ ReCOrd - Resolution RES-20t0-427 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder ' I~ [] ' [] [] [] Supervisor's Appt ~ [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator , [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-428 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to North Fork Beach Volleyball to Park Overflow Vehicles Along Breakwater Road, in June 15, 2010 Page 16 Southold Town Board Meeting Minutes the Vicinity of Brealovater Park on Saturday, July 24, 2009 RESOLVED that the Town Board of the Town of Southold hereby grants permission to North Fork Beach Volleyball to park overflow vehicles along Breakwater Road~ in the vicinity of Breakwater park on Saturday~ July 24~ 2010 (r.d. 7/25) for a volleyball tournament fundraiser for the Friends ofKim Haeg, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and provided the cars are displaying a Mattituck Park District stickers or windshield flyers identifying participants or spectators and they contact Captain Martin Flatley of the Southold Police Department immediately for proper placement of the permits. Support is for this year only as the Southold Town Board continues to evaluate town road usage. [] Adopted [] Adopted as Amended yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [2] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Tax Reeeiveffs Appt 13 Rescinded Louisa P' Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter ~ [] [] [] [] Supt Hswys Appt 2010-429 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to Southold Historical Society to Park Overflow Vehicles Along Lighthouse Road and Soundview Avenue, in the Vicinity of Horton Point Lighthouse on Saturday, July 17, 2010 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Southold Historical Society, to park overflow vehicles along Lighthouse Road and Soundview Avenue~ in the vicinity of Horton Point Lighthouse on Saturday~ July 17~ 2010 from 6:00 PM to approximately 7:30 PM for a concert being held on the lighthouse grounds, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and they contact Captain Martin Flatley of the Southold Police Department immediately for proper placement of the permits. Support is for this year only as the Southold Town Board continues to evaluate town road usage. Vote Record - Resoluaon RE8-2010-419 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] 13 [] Supt Hswys Appt June 15, 2010 Page 17 Southold Town Board Meeting Minutes 2010-430 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Mattituck Chamber of Commerce to Hold Bs Annual Love Lane Movie Nights and Close Love Lane Fiscal Impact: Police Department cost for Event = R213.08 RESOLVED that the Town Board of the Town of Southold hereby ~,rants nermission to the Mattituck Chamber of Commerce to hold its Annual Love Lane Movie Nights and close Love Lane on Saturday, June 26, 2010 from 6:00 PM to 11:30 PM, 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. The Special Event fee of $100 and $250 Clean-up deposit fee shall be waived. Vote Record - Resolution RES-2010-430 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder r~ [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Sco~ Russell Voter [] [] [] [] [] Supt Hgwys Appt Comments regarding resolution # 430 COUNCILMAN ORLANDO: Oh, and by the way, the movie is the Blind Side. If anyone was interested. 2010-431 CATEGORY: DEPARTMENT: Budget Modification Supervisor Budget Modification - Supervisor Fiscal Impact: to appropriate a donation from the American Cancer Society for the rental of a showmobile from the Town of Southampton for the annual Relay for Life event: RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2010 Budget as follows: Increase: June 15, 2010 Page 18 Southold Town Board Meeting Minutes Revenues: A.2705.40 Other Donations $500.00 Appropriations: A.4010.4.400.600 Showmobile Rental $500.00 [] Adopted [] Adopted as Amended Y~s/Ay~ Np~ay Ab~in ~b~nt [] Defeated William Ruland Seconder [] [] [] [] [] Tabled vincent Orlando Voter [] [] [] [] [] Withdrawn C~St0pher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert Krapski Jr. Initiator [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] : [] [] [] Supt H[lwys Appt 2010-432 CATEGORY: DEPARTMENT: Budget Modification Supervisor Youth Program Budget Modification Fiscal Impact: This is the result of successful fundraising efforts on behalf of the Youth Bureau board and Youth Advisory Council. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as follows: Revenues: A.2705.40 T._qo: Appropriations: A.7310.4.600.100 Gifts & Donations Other Donations $720.00 Youth Program, C.E. Youth Program Activities . $720.00 Vote Record - Resolution RES-2010-432 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder ' [] [] [] [] [] Supervisor's Appt Fl Tax Receiver's Appt Alberg Krupski Jr. Voter [] · [] [] [] [] Rescinded Louisa P, Evans Initiator [] [] [] [] [] Town Clerk's Appt ScoR Russell Voter [] [] [] [] [] Supt Hgwys Appt June 15, 2010 Page 19 Southold Town Board Meeting Minutes 2010-433 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Land Preservation USDA-NRCS Cooperative Agrnt Amendment #1 $824,1 O0 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Amendment No. 1 to Cooperative Agreement No. 73- 2C31-9-042, dated June 30, 2009, between the United States of America Commodity Credit Corporation and the Town of Southold for the implementation of the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) 2009 Federal Farm and Ranch Lands Protection Program (FRPP) for an additional awarded grant in the amount of $824,100.00, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2010433 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando voter gt ' [] ' [] [] [] Withdrawn Christopher Talbot Initiator [] [] ~ [] [] [] Supervisor's Appt FI Tax Receivers Appt Albert Krupski Jr. Voter gl [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter gl [] [] [] [] Supt Hgwys Appt 2010-434 CA TEGOR Y: DEPARTMENT: Budget Modification Human Resource Center Americold Refrigeration Contract Fiscal Impact: To appropriate funds for Service contract with Americold Refrigeration per adopted resolution # 2010- 406 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as follows: From: Appropriations: A.6772.4.100.125 To: Appropriations: Pro~rams for the Aeim, Contractual Expense Supplies and Materials Kitchen Supplies Programs for the Acing Contractual Expense Contracted Services $1,400.00 June 15, 2010 Page 20 Southold Town Board Meeting Minutes A.6772.4.400.600 Equipment Maintenance/Repairs $1,400.00 Adopt~ Adopt~ as ~d~ ; ~ Ye~Aye . No~ay . Abstain Absent Def~t~ William Ru~d Mitiator ~ ~ ~ ~ Tabl~ Vinc~t ~l~do Vot~ ~ ~ ~ ~ Wi~ C~stoph~ Ta bot ~ ~o~ ~ ~ ~ ~ ~ ~ ~ T~Sup~is°fSR~eiv~sAppt A~t Alb~ ~pski Jr. Vot~ ~ ~ ~ ~ R~cind~ ~uisa P. Ev~s S~ond~ ~ ~ ~ ~ Tom Cl~k's Appt Sco~ Russell Vot~ ~ ~ ~ ~ Supt Hgwys Appt 2010-435 CATEGORY: DEPARTMENT: Budget Modification Supervisor Budget Modification - Supervisor Fiscal Impact: to correct under appropriated funds for vacation earnings (payment for vacation time was not budgeted): RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2010 Budget as follows: To.' A. 1220.1.100.300 From: A.1220.1.100.400 Supervisor, P.S. Full Time Employees, Vacation Earnings $527 Supervisor, P.S. Full Time Employees, Sick Earnings $527 [] Adopted [] Adopted as Amanded Yes/RYe N0~Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [2 [] [] Supt Hgwys Appt 2010-436 CATEGORY: DEPARTMENT: Budget Modification Solid Waste Management District SWMD Budget Mods/Repairs & Equip. Fiscal Impact: June 15, 2010 Page 21 Southold Town Board Meeting Minutes Volvo needs computer repair related to fan malfunction; CBI front main engine seal; Office equipment for replacement of time clock, exceeded estimate. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Solid Waste Management District budget as follows: From: SR $160.4.100.609 RCABlend $2,000 SR 8160.2.500.450 Radio Equipment 159 To: SR 8160.4.100.552 MainffSupply 3 Yd Loader $2,000 SR 8160.4.400.665 Repairs CBI Grinder 118 SR 8160.2.200.500 Miscellaneous Equipment 41 ~ vote Ree~rd - ReSO!utinn RES~20i0-436 [] Adopted [] Adopted as Amended ~s/Ay~ I'40~ ~ Abstain Absent [] Defeated William Ruland Voter [] [] : [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt ~i~e~ ~pski Jr. ln!tiat~[ ~ [] ~ [21 [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-437 CATEGORD DEPARTMENT: Policies Town Attorney Adopt Workplace Violence Policy Statement WHEREAS, the Town of Southold employs over 200 employees and is one of the largest employers in the Town; and WHEREAS, the Town of Southold is committed to protecting and enhancing the safety of all its employees; and WHEREAS, it is the goal of the Town to provide a workplace environment that reduces and/or minimizes all incidents associated with violence in the workplace; and WHEREAS, the Town of Southold adopted the Town of Southold Workforce Violence Prevention Plan by resolution on January 29, 2009; and WHEREAS, the Town of Southold continually assesses additional policies and procedures to further protect employees who work for the Town of Southold and formally incorporates such additional policies and procedures into its Workplace Violence Program. June 15, 2010 Page 22 Southold Town Board Meeting Minutes NOW, THEREFORE, be it RESOLVED that the Town Board of the Town of Southold hereby adopts the Workplace Violence Policy Statement and an Amendment to the Town of Southold Workforce Violence Prevention Plan to supplement and improve the program presently in place. [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] : [] rn [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt A!b~ ~p~k! Jr: yo[er ~ [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hl~wys Appt 2010-438 CA TE GORY: Seqra DEPARTMENT: Town Attorney LL Accessory Apartments SEQRA RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in Relation to Amendments to Use Regulations within the Agricultural Conservation (A-C) District and Low DensiW Residential R-40~ R-80~ R-120~ R-200 and R-400 Districts and Accessory. Apartments" 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, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance with the recommendation of Mark Terry dated June 9, 2010, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review, in accordance with the recommendation of the LWRP Coordinator, Mark Terry, dated June 9, 2010. Vote Record - Resolution RES-2010-438 [] Adopted [] Adopted as Ame-aded Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Albert Kmpski Jr. Voter ~ [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louis9 P. Evans Voter ~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-439 CA TEGO R Y: Seqra June 15, 2010 Page 23 Southold Town Board Meeting Minutes DEPARTMENT: Town Attorney LL Colony Pond Water Map Amend. SEQRA RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law to Amend the Town of Southold Water Supply Plan Map to the Colony Pond Subdivision in Southold" 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 the Planning Board dated June 1, 2010, 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 Cqde of the Town of Southold, Waterfront Consistency Review, and adopts the recommendations of the LWRP Coordinator, Mark Terry, dated June 7, 2010. Vote Record- Resolution RE8-2010-439 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter gl [] [] [] [] Town Clerk's Appt Scoit Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-440 CATEGORY: DEPARTMENT: Employment - FileD Accounting Appoint Phillip J. Bonang Part-Time Deckhand WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their June 14, 2010 monthly meeting to hire as a part time deckhand Phillip J. Bonang effective June 23, 2010 and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Fen2/District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Phillip J. Bonang to the position of a part time deckhand for the Fishers Island Ferry District, effective June 23, 2010 at a rate of$11.00 per hour. June 15, 2010 Page 24 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] Vi [] Tabled ~ih~eni ~ienll~ lniiiai0~ g~ iq lq [3 [] Withdrawn Christopher Talbot Voter [] [] [3 [] [] Supecvisor's Appt [] Tax Receiver's Appt A!b~ Krup~ ~r: S~o.n~er ~ [] ~ ~ [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-441 CA TEGOR Y: DEPARTMENT: Budget Modification Public Works Light Duty Dump Truck - DPW Fiscal Impact: Budget Modification taking monies from unstaffed position for 5 months and monies from Light & Power RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town Budget as follows: From: A.1490.1.100.100 A.1620.4.200.200 To.' A.1620.2.300.200 Public Works Admin., P.S., F-T Regular Earnings Buildings & Grounds, C.E. Utilities, Light & Power $24,600.00 $ 3,100.00 Buildings & Grounds, Equip. Vehicles, Trucks $27,700.00 Vote ~rd ~ ReSOlu~on REI~2010-441 ~ [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent 0~land0 Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] 2010-442 CA TEGOR Y: Bid Acceptance DEPARTMENT: Public Works Light Duty Dump Truck - DPW June 15, 2010 Page 25 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Stevens Ford Lincoln Mercury, to supply the Town Southold Department of Public Works with 2010 F-350~ 4 X 4~ Light Du,ty Dump Truck in the amount of $27,700, all in accordance with the Town Attorney. [] Adopted [] Adopted as Amended y~s/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] Rescinded Louisa P. Evans Initiator [] : [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-443 CA TEGOR Y: DEPARTMENT: Employment - FIFD Accounting Resignation of Leroy E. Ward III WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their June 14, 2010 to accept the resignation of the following personnel, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and resignations 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 resignation effective June 15~ 2010 of Leroy E. Ward III~ part time~ year round deckhand for the Fishers Island Ferry District. Vote Re~ord - Reaolution RES-2010-443 [] Adopted [] Adopted as Amended Yes/Aye No/Nay . Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hlgwys Appt 2010-445 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Public Works Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement with Construction Consultants/L.l. in Connection with the Renovations to the Peconic Community Center June 15, 2010 Page 26 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 an Agreement with Construction Consultants/L.I. in connection with the renovations to the Peconic Community Center in the amount of $409,500, all in accordance with the plans and specifications prepared by L.K. McLean, P.C. and the approval of the Town Attorney. [] Adopted [] Adopted as Amended ~s/Ay~ rq~/Na~ Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled ~ineem 0~lando Initiator [] [] : [] [] [] Withdrawn Christopher Talbot voier [] V1 [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-444 CATEGOR~ DEPARTMEN~ Bid Acceptance Public Works Accept the Bid of Construction Consultants/L.I. to Renovate the Peconic Community Center RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Construction Consultants/L.L to renovate the Peeonie Community Center in accordance with the plans and specification prepared by L. K. McLean Associates~ P.C in the amount of $409,500, all in accordance with the Town Attorney. Vote Record - R~solution RIZS-2010-444 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Christnphcr Talbot Voter [] [] [] [] r~ Supervisoes Appt Alb~ Krupski Jr. Voter [] [] i [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt Comments regarding resolution #444 COUNCILMAN RULAND: Excuse me, Vincent, you are quite versed in this. I think we should comment on what we are doing and why. COUNCILMAN KRUPSKh I was just going to ask that. COUNCILMAN ORLANDO: This is the Peconic school on Peconic Lane, the Town purchased that back in 2006 and we have been slowly working on getting that renovated for part of the Park and Recreation department and community center there, so we can have that for meetings and so forth and so on. There are four large rooms in that building and we did find some environmental June 15, 2010 Page 27 Southold Town Board Meeting Minutes issues in that building because it was built back in the 1930's, where they had some lead paint and some asbestos. So as we speak, we are having the environmental abatement done now and what we are doing is right here we are getting the basic mechanical's done. The lights, water, heating and air-conditioning, so we can go forward and have some meetings and use that building for our Town as needed. COUNCILMAN KRUPSKI: Eventually. COUNCILMAN ORLANDO: Eventually. 2010-446 CATEGORY: DEPARTMENT: Bid Acceptance Public Works Accept the Bid of .lB's Asphalt Sealcoating to Resurface the Roller Hockey Rink at Cochran Park RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of JB's Asphalt Sealcoating to resurface the Roller Hockey Rink at Cochran Park in the amount of $16,500, all in accordance with the plans & specification prepared by James Richter, RA, Office of the Town Engineer, all in accordance with the Town Attorney. Vote Record - Resolution RES-2010-446 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [~ [] [] [] [] Tabled [] Withdrawn Vincent Orlando Voter fi] [] 13 [] [] Supervisor's Appt Christopher Talbot Voter [] · [] [] [] [] Tax Receiver's Appt Albeit Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt H~wys Appt 2010-447 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Public Works Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement with .lB's Sealcoating in Connection with the Resurfacing of the Roller Hockey Rink at Cochran Park RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with JB's Sealcoatin? in connection with the resurfacing of the Roller Hockey Rink at Cochran Park in the amount of $16,500, all in accordance with the plans & specifications prepared by James Richter, RA, Office of the Town Engineer and with the approval of the Town Attorney. June 15, 2010 Page 28 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended [] Defeated Yes/A~e NO~a~ Abstain Absent William Ruiand Voter [] [3 ITM FI [] Tabled V/ncent Orlando Voter [] [] [] [] [] wit~aawn C~ph~ Y~i~i §~h~er 0 El El [] [] Supervisor's Appt : [] Tax Receiver's Appt Albert Krupski Jr. Voter [] ~ ~ ~ [] [] Rescinded Louisa P. Evans lnit!~qr [] [] [3 [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-448 CA TEGOR Y: DEPARTMENT: Budget Modification Accounting Budget Modification for Computer Equipment Fiscal Impact: The mother board on the Town Comptroller's laptop PC is inoperable and a 'replacement cannot be found. WHEREAS the computer assigned to the Town Comptroller needs to be replaced, and WHEREAS the Town Board of the Town of Southold adopted a 2010 Capital Budget which did not include computer equipment, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town Budget as follows: From: A. 1990.4.100.100 Unallocated Contingencies $1,500 To.' A.9901.9.000.100 Transfer to Capital Fund $1,500 and be it further RESOLVED that the Town Board of the Town of Southold hereby establishes the following Capital Proieet in the 2010 Capital Fund: Capital Project Name: Computer Equipment Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H.5031.35 Appropriations: H. 1680.2.600.100 Personal Computers $1,500 Central Data Processing, Capital Outlay Workstations & Printers $1,500 June 15, 2010 Page 29 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended ~s/Ay~ N0fNay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [][] TaxSUpervis°r'SReceiver'sAppt Appt Albett Kmpsk! Jr. yo~er [] [] [] [] Louisa P. Evans Seconder [] [] [] [] [] R~scinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-449 CA TEGOR Y: DEPARTMENT: Local Law Public Hearing Town Attorney LL/Further Amendments to Wireless Code WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 15th day of June, 2010, a Local Law entitled "A Local Law in relation to Further Amendments to Wireless Communication Facilities" now, therefore, be it RESOLVED 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 13th day of July, 2010 at 7.'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 Further Amendments to Wireless Communication Facilities" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, A Local Law m relation to Further Amendments to Wireless Communication Facilities". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 280 of the Town Code of the Town of Southold is hereby amended as follows: ARTICLE XVII Wireless Communication Facilities § 280-67. Purpose. A. It is the express purpose of this article to minimize the visual and enwronmental 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 June 15, 2010 Page 30 Southold Town Board Meeting Minutes of structure, is intended to protect the scenic and aesthetic qualities of the Town of Southold. This article allows wireless communication facilities in certain preferred locations to be reviewed and approved in keeping with the Town's existing zoning and historic development patterns, including the size and spacing of structures. :l:he-goats-of § 280-68. Scope. The regulations of this article shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all wireless communication facilities. The regulations of this article relate to the location and design of these facilities and shall be in addition to the provisions of the Southold Building and Zoning Codes and any other federal, state or local laws or Federal Communication Commission (FCC), Federal Aviation Administration (FAA) or other regulations pertaining to such facilities. Nothing herein shall be construed to, apply to, prohibit, regulate or otherwise affect the erection, maintenance or utilization of antennas or support structures by those licensed by the Federal Communications Commission pursuant to Title 47 of the Code of Federal Regulations, Part 97, to operate amateur radio stations, or satellite antennas that are used for individual business or residential voice, data, or video communications. § 280-69. Definitions. As used in this article, the following terms shall have the meanings set forth below: ANTENNA -- Any transmitting or receiving device, including whip (omnidirectional antenna), panel (directional antenna), disc (parabolic antenna) or similar device, mounted in or on a tower, monopole, building or structure and used in conununications that radiate or capture electromagnetic waves, digital signals, analog signal, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals. ANTENNA SUPPORT STRUCTURE -- Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for wireless telephone, television, radio and similar communication purposes, including monopoles. Lattice and guyed towers are not permitted antenna support structures. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, camouflaged tower structures, and the like. The term includes the structure and any support thereto. The term does not include wireless facilities located in or on existing buildings or structures that June 15, 2010 Page 31 Southold Town Board Meeting Minutes 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, lightning 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 discernible 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 discernible 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 anteunas to an existing carrier's antenna array, re-orientation or relocation of existing antennas, changes affecting the operating frequencies, effective radiated power or number of operating channels. A modification shall not include ordinary maintenance, as defined herein. June 15, 2010 Page 32 Southold Town Board Meeting Minutes 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.: B. C. D. ROOF-MOUNTED -- Mounted on the roof of a building. SIDE-MOUNTED -- Mounted on the side of a building. STRUCTURE-MOUNTED -- Mounted on a structure other than a building. FLUSH-MOUNTED -- Mounted very close on a building or structure so that the profile of the antenna(s) is not readily apparent. INTERIOR-MOUNTED -- Mounted within a building or other structure so that the antennas are not visible from the outside. GROUND-MOUNTED -- Mounted on the ground. ORDINARY MAINTENANCE -- Work done to an existing wireless telecommunications facility and antenna support structure for the purpose of maintaining them in good operating condition. Ordinary maintenance includes inspections and testing to maintain functionality, aesthetic and structural integrity, and involves the normal repair of a wireless facility including the like-for-like replacement of damaged or defective components without otherwise adding, removing, or substantially changing anything and therefore does not include modifications. RADIO FREQUENCY (RF) EMISSIONS or RADIATION -- The electromagnetic field of radiation emitted by wireless antennas. RADIO FREQUENCY (RF) PROFESSIONAL -- A person who specializes in the study of radio frequency engineering and has expertise in radio communication facilities. RADIO FREQUENCY (RF) 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 movable 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. June 15, 2010 Page 33 Southold Town Board Meeting Minutes 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. ^~,~; ......~+ ........ ~r.~ :~ ~,~o~ ~a 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, except those meeting certain requirements as stated in §280-71A(2) and §280-71B(2), and 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. Location of Wireless Facilities. 1. Applicants for wireless communications facilities shall locate, site and erect said wireless facilities in accordance with the following priorities, (a) being the highest priority and (fl) being the lowest priority. (a) On existing antenna support structure or other structures on Town owned properties, including the right-of-way. (b) On an existing antenna support structure or other structures on other property in the Town. (c) A new antenna support structure on Town owned properties. (d) A new antenna support structure on properties in the LI or LIO zoning districts. (e) A new antenna support structure on properties in the MI, Mil, B or HB zoning districts. (f) A new antenna support structure on properties in the AC, R-40, R-80, R- 120, R-200, R-400, LB, RO, RR, HD or AHD zoning districts. 2. If the proposed site is not proposed for the highest pribrity listed above, The Applicant shall submit a written report demonstrating the Applicant's review of the above locations in order of priority, demonstrating the technological reason for the site selection. If appropriate, based on selecting a site of lower priority, a detailed written explanation as to why sites of a higher priority were not selected shall be included with the Application. The Applicant seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site, and the hardship that would be incurred by the Applicant if the permit were not granted for the proposed site. 3. An Applicant may not by-pass sites of higher priority by stating the site proposed is the only site leased or selected. An Application shall address co-location as an option. If such option is not proposed, the Applicant must explain to the reasonable satisfaction of the Planning Board why co-location is commercially or otherwise impracticable. Agreements between providers limiting or prohibiting June 15, 2010 Page 34 Southold Town Board Meeting Minutes co-location shall not be a valid basis for any claim of commercial impracticability or hardship. Notwithstanding the priorities above, the Planning Board may, if satisfied with the explanation provided by the Applicant, approve any site located within an area in the above list of priorities, provided that the Planning Board finds that the proposed site is in the best interest of the health, safety and welfare of the Town and its inhabitants and will not have a deleterious effect on the nature and character of the community and neighborhood. Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the Planning Board may also disapprove an Application for any of the following reasons. (a) Conflict with safety and safety-related codes and requirements; (b) Conflict with the historic nature or character of a neighborhood or historical district; (c) The use or construction of wireless facilities which is contrary to an (d) already stated purpose of a specific zoning or land use designation; The placement and location of wireless facilities which would create an (e) unacceptable risk, or the reasonable probability of such, to residents, the public, employees and agents of the Town, or employees of the service provider or other service providers; Conflicts with the provisions of this chapter. t~.E~. Guyed or lattice antenna support structures are prohibited. ~ F_. 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 10 feet of the surface). (3) Lands purchased with Community Preservation Funds. (4) Coastal erosion hazard areas. (5) Designated parkland. gr. G~. 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. G:. H~. Federal aviation regulations. All 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. June 15, 2010 Page 35 Southold Town Board Meeting Minutes L J_. Antenna support structures in the zoning districts LI, LIO, MI, Mil, B, and HB are subject to the following restrictions: (1) Minimum lot size: in accordance with the bulk schedule for each zone. (2) Maximum height: 80 feet. (3) Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. Antenna support structures permitted in AC, R-40, R-80, R-120, R-200, R-400, LB, RO, RR, HD, or AHD Zoning DistTicts are subject to the following conditions (in addition to any other applicable conditions): (1) Minimum area surrounding the proposed location: 200,000 square feet 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 feet; and (3) The structure is a monopole with interior-mounted antennas, or a suitable unobtrusive camouflage structure; and (4) The 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 Subsection M; and (5) Noise from base equipment, including any backup generator, measures less than ................. '~'-v ............... all adiacent property lines; 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 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 of 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 June 15, 2010 Page 36 Southold Town Board Meeting Minutes b:. M~. M-:. N~. 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 Building Inspector, 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 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. 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: (1) 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. (2) 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. (3) Base station equipment shelter ~ ....... ~ ...... ~,,~ ,.,:~ rn,~.:~ n un~ ~ The base station 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. (4) Base equipment ~ landscaping. A screen of evergreen trees shall be planted · '~ ........ ;**':^~ ' ...... ,, ...... base equipment area outside the fence of the ........................... u ....... or shelter 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. June 15, 2010 Page 37 Southold Town Board Meeting Minutes (5) 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 fi.om 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. § 280-71. Required approvals. :".- ~vv~a ...,~a .~" ~....~"+"+~ ~-~l~.~.. ...... 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, except those meeting certain requirements as stated in §280-71A(2) and §280-71B(2), and except in cases of ordinary maintenance as defined in §280-69. 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 conforms to § 280-70 and falls in one of the following two categories: (a) New wireless facility that is interior-mounted in an existing building or existing structure in the LI, LIO, B, HB, MI, or MII Zoning District which conforms to the following requirements: [1 ] 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 onto an existing building that is visible from outside for the purpose of accommodating interior-mounted antennas shall require site plan approval; and [2] Base station equipment: [al Located within an existing shelter or building,-not to be expanded beyond an additional 10% of floor area; or [bi Located in an underground vault, with any aboveground components screened fi.om view with evergreen planting; or [c] 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; June 15, 2010 Page 38 Southold Town Board Meeting Minutes [d] Noise .from base equipment, including any backup generator, measures less than 45dB at themear~ all adjacent property lines Ac n,, n~; .... , .~:.~ ..... (b) Modification, as defined in § 280-69, including co-location, of 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: [ 1 ] 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 ~nstallat~on .......... ~.~ .............. v ...... J enter=. 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 [2] Base station equipment {as specified above in Subsection A(2)(a)[2] }. B. Site plan approval required. (1) All applications for site plan approval shall comply with § 280-70, General requirements for all wireless communication facilities, and § 280-74, Application requirements. (2) Building Permit and Site Plan only. 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 § 280-70 and falls in one of the following two categories: (a) New wireless facility that is interior, roof- or side-mounted to an existing building or existing structure in the LI, LIO, B, HB, MI, or MII Zoning District which conforms to the following requirements: . [ 1 ] Interior-mounted facilities that exceed the requirements of §280- 71A(2)(a). [4-][2] Roof-mounted facilities shall conform to the following requirements: [al Visual impact minimized to the greatest extent possible; [b] Height limited to no more than 10 feet above the highest point of the building; and [~][3_] Side-mounted facilities shall be flush-mounted and painted or otherwise camouflaged to blend with the facade or background materials of the structure; and [~][4] Base station equipment {as specified above in Subsection A(2)(a)[2] }; or June 15, 2010 Page 39 Southold Town Board Meeting Minutes (b) 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: [ 1 ] Co-locations shall not extend the height of the structure more than 10 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 10 feet shall require special exception review and approval; and [2] Base station equipment {as specified above in Subsection A(2)(a)[2]}. 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. § 280-72. Site plan approval. 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 facade, shall be flush-mounted and painted or otherwise treated to blend with the facade. When a wireless communication facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind existing architectural features to limit its visibility from public and residential vantage points, yet permit the facility to perform its designated function. Facilities mounted on a roof shall be stepped-back from the front facade in order to limit their impact on the building's silhouette. If antennas are part of the stepped-back facility, the applicant shall submit an access control plan that precludes inadvertent access to the front faces of the antennas by building workers and the general public. The wireless communication facilities shall blend in with the existing building's architecture and shall be painted or shielded with material which is consistent with the design features and materials of the building. (2) Access. Access to wireless facilities shall be from already established site access points whenever possible. (3) Dish antennas. Dish antennas shall be colored, camouflaged or screened to the extent that they are as unobtrusive as possible, and in no case shall the diameter of a dish antenna exceed six feet. (4) Electric line setback. Except for wireless facilities specifically designed for mounting on electric transmission towers, or within the footprint of such towers, no wireless communication facility shall be located nearer to any overhead electric transmission line carrying more than 220 volts than a distance equal to the June 15, 2010 Page 40 Southold Town Board Meeting Minutes (5) (6) (7) (8) (9) 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 feet of a scenic road, as designated by the Town, shall not be taller than 10 feet above the height of trees within a radius of 300 feet of the proposed location, or 35 feet 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 adjacent to residential zones. Where the site proposed for an antenna support structure is located within a residential zone or has one or more property lines abutting or on the opposite side of a street from a residential zone or use permitted in a residential zone, no antenna support structures may be constructed unless adequately screened from view of those residential zones by existing buildings or large trees, including evergreens. The structure may protrude no more than 10 feet 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 feet, and the base equipment must be buffed 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 30 feet on center. The trees must have an expected height at maturity of at least 10 feet 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 June 15, 2010 Page 41 Southold Town Board Meeting Minutes (10) 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 contribt/te to the visual screening of the antenna support structure. § 280-73. 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. Standards. In addition to the standards in Article XXV of this 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 carder(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. June 15, 2010 Page 42 Southold Town Board Meeting Minutes (7) Other adequate conditions have been placed on the wireless communication facility which will minimize any adverse impacts of the facility on adjoining properties. Expiration. Any special exception approval granted under this article shall have a term of five years, commencing fi.om 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, roles 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 standards that shall be included in the Town Code at that point in time. § 280-74. Application fees and requirements. Fees. The following fees are in place of those required in other sections of the Code: (1) Building permit application fees. (a) Modification: $500. (b) New facility: $750. (2) Site plan application fees. (a) Modification: $1,000. (b) New facility: $2,000. (3) Special exception application fee: $1,000. (4) Review by independent consultants. ............... ~ ;~ ~.~t,n~;,~,~ ~,~ ;;,_,~,~ The Town may hire any consultant(s) and/or expert(s) necessary to assist the Town in reviewing and evaluating the Application, including the construction and modification of the site, once permitted, and any site inspections. Said escrow account shall be funded by the applicant with an initial deposit of $8,500.00. No application shall be considered complete for review purposes until an escrow account is established and funded. (b) Withdrawals from said escrow account may be made from time to time to reimburse the ........ ~, .... Town for the cost of its consultant(s') professional review services actually incurred in connection with the review of any application including where applicable, the lease June 15, 2010 Page 43 Southold Town Board Meeting Minutes negotiation, the pre-approval evaluation, and the construction and modification of the site, once permitted. Whenever the balance in such escrow account is reduced to ¢ cf its initial a.mcu~X a balance of less than $2,500.00, the Planning Board shall notify the applicant~ and the applicant shall immediately deposit additional funds into such account so as to restore its balance to ~,5 cft~c !nit.a! d~:g:~t at least $5,000.00 or to such sum as deemed necessary by the Gommittee Planning Board. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the rz'.'izw!ng ~ard Planning Board may suspend its review of the application. (c) The consultant(s) will work under the direction of the Town Planning Director. Copies of the consultant(s') qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultant(s') report prior to any decisions being made. In the event that the amount held in escrow by the Town is more than the amount of the actual invoicing at the conclusion of the project, the remaining balance shall be promptly refunded to the applicant. Building permit application. (1) The following application requirements are in addition to those required in § 144- 8C. (a) Written analysis demonstrating the project complies with the maximum permissible exposure regulations in accordance with § 280-70J. (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 She 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. June 15, 2010 Southold Town Board Meeting Minutes Page 44 (f) Digital files of the propagation and gap maps, including attribute information, in a geographic information system (GIS) format and projecting that is compatible with the GIS technology currently in use by the Town of Southold. (g) A copy of the deed or lease agreement establishing applicant's right to use the parcel on which the wireless communication facility is to be located. (h) Other information deemed necessary to assess the compliance with this article. (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 § 280-70 General requirements for all wireless communication facilities, 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) Seven copies of the completed building permit application required under Subsection 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, effecti'Ce 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 lightning protection. June 15, 2010 Page 45 Southold Town Board Meeting Minutes (14) Other information deemed by the Planning Board to be necessary to assess compliance with this article. Special exception applica, tion. 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) 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 article. (2) The applicant shall document to the satisfaction of the Planning Board that a good-faith effort has been made to locate or co-locate on existing towers or other available and appropriate buildings and structures, that it is not feasible to co- locate on an existing facility and that the proposed location is necessary to provide adequate service to the public. The documentation shall include a notarized statement by the applicant as to whether construction of the wireless communication facility will accommodate co-location of additional antennas for future users. (3) 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. (4) The applicant must explain in writing to the Pla~ing Board why it selected the proposed site, discuss the availability or lack thereof of a suitable structure within the search ring for co-location, and the extent to which the applicant has explored locating the proposed facility in a more intensive use district. Correspondence with other telecommunication providers conceming co-location 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 June 15, 2010 Page 46 Southold Town Board Meeting Minutes listed by federal, state or Town agencies, except as specified below, and subject to Chapter 170, Landmark Preservation: 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. Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully reversible. Wireless communication facilities within an historic district listed by federal, state or Town agencies shall be concealed within or behind existing architectural features, so that they are not visible. § 280-76. Removal; 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 said 90 days, the Building Inspectors may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal ora 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 a lien 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 at~er 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 are 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 June 15, 2010 Page 47 Southold Town Board Meeting Minutes 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 public health, safety and general welfare of Town citizens through removal provisions to ensure 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 76.1 77. Preexisting antenna support structures and antennas. Preexisting ~anzm~gg'.'on antenna 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 tr~ngm!ggizn antenna 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 transmissizn antenna 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 trans.missizn antenna 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 transmiss;.cn antenna 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 trans.missicn antenna 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 ~ang..'nig~icn antenna 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 76.2 78. Waivers of criteria. In approving a site plan or special exception, the Planning Board may waive or modify the following criteria if it finds that the goals and stated purposes of this article are better served by doing so, and that there is no detriment to the public health, safety and welfare. Section 280-70t4 I(2), Maximum height: 80 feet. In commercial zones, where co-location will achieve the result of fewer antenna support structures, the Planning Board may modify the eighty-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 June 15, 2010 Page 48 Southold Town Board Meeting Minutes 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 can'iers are located in the same area as the proposed structure. Section 280-7014 I(3), Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. This setback requirement may he 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. Section 280-72A(6), Scenic landscapes and vistas. 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. Section 280-70M N(4), Base equipment shelter landscaping. 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. Section 280-72A(9), Antenna support structures in or adjacent to residential zones. 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. Section 280 76.1 77A and Section 280-77B, Preexisting antenna support structures and antennas not in compliance. The provision requiring preexisting nonconforming 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 preexisting 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. § 280-79. Relief. With the exception of relief from the denial of an application for special exception approval pursuant to §280-73, any applicant desiring any other relief or exemption from the requirements of this Article may seek a variance from the Zoning Board of Appeals in accordance with Article XXVI of this chapter. § 280 75.2 80~ 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 article shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this article as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. § 280-76,4 81. When effective. June 15, 2010 Page 49 Southold Town Board Meeting Minutes This article shall take effect immediately upon filing with the Secretary of State. [] Adopted [] Adopted as Amended [] Defeated William Ruland Initiator [] Withdrawn i~hr~sioph~ ih b~i ~;ier [] Supervisor's Appt Aibert Krupsk{ Jr. Voter [] Tax Receiver's Appt , [] Rescinded Louisa P. Evans Voter Voter [] TOWTI Clerk's Appt Scott Russell [] Supt Hgwys Appt 2010-450 CATEGOR~ DEPARTMENT: Subdivisions Town Clerk Release "Deer Run" ~ Bayview Letter of Credit RESOLVED that the Town Board of the Town of Southold hereby releases the following letter of credit for the maior subdivision of Deer Run at Bayview - Zoumas Contracting Corp: Letter of Credit No. 040623~ dated June 23, 2004 issued by the Suffolk County National Bank in the amount of $143,250.00, as recommended by the Southold Town Planning Board and the Town Engineer, subject to the approval of the Town Attorney. Vote Record - R~solutinn R~S-2010-450 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hswys Appt 2010-451 CATEGOR~ DEPARTMEN~ Enact Local Law Town Clerk Enact LL Accessory Apartments WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of May 2010, a Local Law entitled "A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation (A-C) District and Low DensiW Residential R-40~ R-80~ R-120~ R-200~ and R-400 Districts and Accessory Apartments" and WHEREAS that the Town Board of the Town of Southold held a public heating on the aforesaid June 15, 2010 'Page 50 Southold Town Board Meeting Minutes Local Law at which time all interested persons will be given an opportunity to be heard, now therefore 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 Use Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-40~ R-80~ R-120~ R-200~ and R-400 Districts and Accessorv Apartments" which reads as follows: LOCAL LAW NO. 2 of 2010 A Local Law entitled, "A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation {A-C) District and Low Density Residential R-40~ 1~-80~ R-120~ R-200~ and R-400 Districts and Accessory Apartments". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intent and purpose of this law to allow accessory apartments within accessory structures in A-C, R-40, R-80, R-120, R-200 and R-400 Districts to provide the opportunity for the development of small rental housing designed to meet the housing needs of median income families, both young and old, and relatives of families residing in the Town of Southold. It is also the intent of this law to increase compliance with building and fire code, property maintenance, preserve property values and the health, safety and welfare of the community." II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. ACCESSORY APARTMENT - An apartment A ~wc!!!ng '.:n:.t created in a presently existing one family dwelling unit or accessory structure pursuant to §280-13A(6 or B13). FAMILY MEMBER - The spouse, domestic paxtner, child, grandchild, stepchild, parent, aunt, uncle, niece, nephew, brother or sister of the owner or of the owner's spouse or domestic partner. RENTAL PERMIT - A permit issued by the Chief Building Inspector to the owner to allow use and occupancy of a lawfully existing accessory apartment. §280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part ora building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: Permitted uses. (1) One-family detached dwellings, not to exceed one dwelling on each lot. (2) The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other June 15, 2010 Page 51 Southold Town Board Meeting Minutes (3) (4) (5) (6) odor- or dust-producing substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line: [Amended 5-23-1989 by L.L. No. 8- 1989] (a) The raising of field and garden crops, vineyard and orchard fanning, the maintenance of nurseries and the seasonal sale of products grown on the premises. [Amended 11-29-1994 by L.L. No. 25-1994; 5-13-1997 by L.L. No. 8-1997] (b) The keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks)EN on lots of 10 acres or more. (c) Barns, storage buildings, greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. (d) The retail sale of local produce from structures of less than 20 square feet floor area shall be set back at least 10 feet from any lot line. [Added 5-13- 1997 by L.L. No. 8-1997] Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. Wineries which meet the following standards: [Added 11-29-1994 by L.L. No. 26-1994] (a) The winery shall be a place or premises on which wine made from primarily Long Island grapes is produced and sold; (b) The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner; (c) The winery structures shall be set back a minimum of 100 feet from a major road; and (d) The winery shall obtain site plan approval. Small wind energy systems on parcels greater than seven acres in size, which parcels are dedicated primarily to uses necessary for bona fide agricultural production, and subject to the standards provided in Chapter 277 of this Town Code. [Added 7-17-2007 by L.L. No. 15-2007] One accessory apartment in an existing one-family dwelling, subject to thee issuance of a rental permit in accordance with Section 280-13D and the following requirements: (a) The accessory apartment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. (c) The existing one-family dwelling shall contain not less than 1,600 square feet of livable floor area. (d) The accessory apartment shall contain not less than 450 square feet of livable floor area. (e) The accessory apartment shall not exceed 40% of the livable floor area of the existing dwelling unit and any addition thereto permitted under Section June 15, 2010 Page 52 Southold Town Board Meeting Minutes 280-13(A)(6)(i) hereof. (f)A minimum of three off-street parking spaces shall be provided. (g)Not more than one accessory apartment shall be permitted on a lot. (h) The accessory apartment shall meet the requirements of an dv,~4rrg-m~ apartment as defined in § 280-4 hereof. (i) The exterior entry to the accessory apm'tment shall, to the maximum extent possible, retain the existing exterior appearance of a one-family dwelling. --+ ~u~11 1`~ --.~ ^. m~ ~v:.+:~ c^..~.~:~- Subject to all other restrictions and requirements in this Code, a reasonable expansion of the existing foundation, not to exceed 25% of the living space of the existing dwelling unit, may be permitted to accommodate the creation of an accessory apartment. ofanowner'sd ' th ^c~.;a a~; ..... 1`;~1` ...... 1`.11 e.... ...... [A d d5 20 1993 byLL .............. , ............................. men e - - . . No. 6-1993] (1) All conversions shall be subject to the inspection of the Building Inspector and r~newat issuance oft-he _a certificate of occupancy compliance. ....... ;. [Amended 5 20 1993 by L.L. No. 6-1993] (m) The building dwelling which is converted to permit an accessory apartment shall be in existence, and ..... be eligible for or have a valid certificate of occupancy issued prior to January 1, ! 98~, 2004, or proof of legal occupancy prior to that date. [Amended 5-20-1993 by L.L. No. 6- 1993] (n) The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 280 of the Town Code of the Town of Southold. (o) Notwithstanding the provisions of § 280-13B hcreof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment. (p) Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (q) No bed-and-breakfast facilities, as authorized by § 280-13B(4415) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. [Added 3-14-1989 by L.L. No. 3-1989] Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for ....-~----Jr"~a" -.,a"'~m"~.....~,o and the uses set forth in Subsections_ B(1, 13, & 14) hereof, are subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L.L. No. 27-1993] (1) Two-family dwellings not to exceed one such dwelling on each lot. June 15, 2010 Page 53 Southold Town Board Meeting Minutes (2) (3) (4) (5) (6) Places of worship, including parish houses (but excluding a rectory or parsonage, which shall conform to the requirements for a one-family dwelling), subject to the following requirements: (a) No building or part thereof shall be erected nearer than 50 feet to any street line and nearer than 20 feet to any lot line. (b) The total area covered by all principal and accessory buildings shall not exceed 20% of the area of the lot. Private elementary or high schools, colleges and other educational institutions, subject to the following requirements: (a) No building shall be less than 50 feet from any street or lot line. (b) The total area occupied by all principal and accessory buildings shall not exceed 20% of the area of the lot. (c) Any school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as such. (d) Any such school shall occupy a lot with an area of not less than five acres plus one acre for each 25 pupils for which the building is designed. Nursery schools. Philanthropic, eleemosynary or religious institutions, health care, continuing care and life facilities, but excluding facilities for the treatment of all types of drug addiction, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 11-12-1996 by L.L. No. 20-1996] (a) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line nor within 50 feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. (c) The maximum height shall be 35 feet or 2 1/2 stories. (d) The entire lot, except areas occupied by buildings or parking or loading areas, shall be suitably landscaped and properly maintained. (e) Any health care, continuing care or life care facility shall meet the following standards: [ 1 ] All buildings shall he of fire-resistive construction. [2] All such uses shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. [3] Patients suffering from communicable diseases shall not be permitted in any nursing home or sanatorium. (Communicable diseases are defined by the Sanitary Code of the Public Health Council of the State of New York.) [4] Eight thousand square feet of lot area shall be provided for each patient bed. Public utility rights-of-way as well as structures and other installations necessary to serve areas within the Town, except that wireless communication facilities must obtain approval pursuant to Article XVII, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the June 15, 2010 Page 54 Southold Town Board Meeting Minutes (7) (8) (9) (10) (11) (12) (13) neighborhood in which the proposed structure is to be constructed. [Amended 11- 12-1997 by L.L. No. 26-1997] Beach clubs, tennis clubs, country clubs, golf clubs and annual membership clubs and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings catering exclusively to members and their guests, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 12-8-1998 by L.L. No. 26-1998] (a) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line or within 50 feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. (c) No such use shall occupy a lot with an area of less than three acres. Children's recreation camps organized primarily for seasonal use and subject to the following requirements: (a) No building, tent, activity area or recreation facility shall be less than 200 feet from any lot line, and any such building, tent, activity area or recreation facility shall be effectively screened therefrom as required by the Planning Board. Buildings intended for use as sleeping quarters shall be not less than 30 feet from each other, except tents, which shall be not less than 10 feet apart. (b) The minimum lot area shall be not less than 10,000 square feet for each cottage, tent or other principal building and not less than 3,000 square feet of land area shall be provided for each person accommodated in the buildings or tents on the premises. EN (c) The sound level of all outdoor public-address systems shall not exceed the intensity tolerable in a residential neighborhood. Farm labor camps, subject to the following requirements: (a) All farm labor camps on farms shall be construed in conformance with applicable laws and shall not be located nearer to any other residence than the residence of the employer, except by specific review and approval of the Planning Board. Veterinarian's offices and animal hospitals, subject to the following requirements: (a) The housing of all animals shall be in a fully enclosed structure, if nearer than 150 feet to any lot line. Cemeteries. Stables and riding academies. EN One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subiect to the following requirements: (a) The accessory apartment shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (b) A minimum of three off street parking spaces shall be provided on premises. (c) Not more than one accessory apartment shall be permitted on a lot. (d) The accessory apartment shall meet the requirements of an apartment as June 15, 2010 Page 55 Southold Town Board Meeting Minutes (14) defined in Section 280-4 hereof. (e) The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. (f) The accessory structure which is converted to permit an accessory apat'tment shall be in existence and be eligible for or have a valid certificate of occupancy issued prior to January 1, 2008. (g) The existing accessory structure shall comply with all other requirements of this Chapter. (h) Approval of the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (i) No bed-and-breakfast facilities, as authorized by Section280-13(B)(14) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. (j) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with Section 280-13D and the following requirements: [1] The owner of the premises shall occupy either the existing singie- family dwelling unit or the accessory apartment in the detached accessory structure as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: a) a family member; or b) to a resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement. [2] Rents charged to a resident on the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to §280-30(F) of this Code. [3] No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. [4] An accessory apaxtment shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the dwelling unit. (k) The Chief Building Inspector, Zoning Inspector, and Town personnel who are engaged in the enforcement of the provisions of this chapter are authorized to make or cause to be made inspections to determine compliance with this chapter and are authorized to enter upon any property for the purpose of said inspections. Bed-and-breakfasts which have been issued a bed-and-breakfast permit by the Building Inspector. Said permit shall be issued for a term of one year if the following conditions are met: [Amended 3-14-1989 by L.L. No. 3-1989; 2-7-1995 by L.L. No. 3-1995] (a) A smoke alarm shall be provided on each floor and in every guest room. (b) The dwelling shall have at least two exits and there shall be a window June 15, 2010 Page 56 Southold Town Board Meeting Minutes large enough for emergency egress in each guest room. (c) The identification sign shall be no larger than two square feet in areas zoned Residential-Office or higher, but there shall be no exterior signage identifying the use as a bed-and-breakfast in residential areas. (d) No accessory apartment, as authorized by § 280-13B(13) hereof, shall be permitted in or on premises for which a bed-and-breakfast facility is authorized or exists. (15) Historical society. [Added 11-12-1996 by L.L. No. 20-1996] (16) Preservation and use of a federal or state designated historic building for the purpose of hosting community events, together with the use of part of such building for professional offices and/or one apartment, not to exceed a total of three uses per building, provided that such building is owned and maintained by a not-for-profit historic organization. In no event shall there be more than one apartment per building. [Added 10-25-2005 by L.L. No. 18-2005] Rental Permit for Accessory Apartments: Notwithstanding any prior course of conduct or permission granted, no owner of property shall cause, permit, or allow the occupancy or use of an accessory apartment created pursuant to Sections 280-13A(6) or 280- 13B(13) without a valid rental permit issued upon application to the Chief Building Inspector. (1) Content of Application: An application for a rental permit or for a renewal of a rental permit shall bear the notarized signature of the owner and contain the following information: a) The name, date of birth and telephone number of the owner. b) The address of the subject property including street address and Suffolk County Tax Map number. c) In the event the owner is a corporation, partnership, limited liability company or other business entity, the name, address and telephone number of each owner, principal, officer, shareholder, partner or member of such business, d) The name(s) and telephone number(s) of all tenants. e) A copy of the lease agreement between Owner and Tenant. f) A copy of the certificate of occupancy or pre-existing certificate of occupancy for the property. (2) The owner of an accessory apartment within an existing one family dwelling shall, in addition to the information required in Section 280-13D(1)(a)-(fl, provide a certification that the existing dwelling or accessory apartment is occupied by the owner and that the premises is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. (3) The owner of an accessory apartment in an accessory structure lawfully existing pursuant to Section 280-13B{13) shall, in addition to the information required in Section 280-13D(1)(a)-(fl, provide a certification that: a) the existing single-family dwelling or the accessory apartment in the accessory structure is occupied by the owner as the owner's principal residence; June 15, 2010 Page 57 Southold Town Board Meeting Minutes (4) (5) (6) (7) (8) (9) b) c) d) that the other dwelling unit on the subject property is to be occupied by either a family member or a resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement, and that rents charged to a tenant from the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to Section 280-30F of this Code. that the dwelling unit is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. Review of Application: The Application for a rental permit shall be reviewed for completeness and accuracy by the Chief Building Inspector and, in the case of applications pertaining to accessory apartments in accessory structures, by the Special Proiects Coordinator. The Chief Building Inspector shall not issue a rental permit unless the application includes all of the requisite information enumerated in Section 280-13D(1)-(3) and written approval by the Special Projects Coordinator that the requirements of Section 280-13B(13)(i) have been satisfied. The Chief Building Inspector shall have the right to inspect the property to confirm compliance with the New York State Uniform Fire Prevention and Building Code and this Code. Fees: A nonrefundable annual permit application fee in the amount of $150 shall be paid at the time of filing an application for a rental permit or a renewal rental permit for an accessory apartment in an existing single-family dwelling. A nonrefundable annual permit application fee in the amount orS100 shall be paid at the time of filing an application for a rental permit or a renewal rental permit for an accessory apartment in an accessory structure. Registry of Permits: It shall be the duty of the Chief Building Inspector to maintain a register of permits issued pursuant to this chapter. Such Register shall be kept by name of applicant and street address and set forth the date of expiration of the rental permit. Annual Renewal: Rental Permits issued pursuant to this chapter shall be valid for a period of one (1) year from the date of issuance and must be renewed by application to the Chief Building Inspector in accordance with the procedures for the issuance of the initial rental permit within ten (10) days of expiration. Penalties for offenses: In addition to any other penalties for violations of this Chapter, the Chief Building Inspector or Zoning Inspector shall revoke a permit when he or she finds that the owner has caused, permitted or allowed to exist and remain upon the premises a violation of any provision of the Code of the Town of Southold for a period of 14 days or more after written notice has been given to the owner. Should the owner permit any such violation of this Code, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York to remain uncured for a period of 30 days or more after written notice has been given to the owner, the Chief Building Inspector may revoke the certificate of compliance for the accessory apartment. Appeal by Owner: An appeal ora denial, revocation or renewal of a rental permit June 15, 2010 Page 58 Southold Town Board Meeting Minutes by the Chief Building Inspector based upon the owner's failure to satisfy the requirements of Section 280-13B( 13)(j)(1 ) and (2) may be taken to the Housing Advisory Commission, by written request, made within 30 days from the date of such revocation. The Housing Advisory Commission shall hold a public heating on such appeal within 30 days after receipt of written notice of such appeal and, after such hearing, shall make written findings and a decision either sustaining such denial or revocation or issuing or reinstating such permit within 30 days after close of such public hearing. Any appeal of the revocation ora certificate of compliance must be presented to the Zoning Board of Appeals within 30 days from the date of revocation. ARTICLE XXVII Administration and Enforcement § 280-151. Administrative and enforcing officer. It shall be the duty of the Building Inspector and such deputies and assistants as may be appointed by the Town Board to administer and enforce the provisions of this chapter and of all roles, conditions and requirements adopted or specified pursuant thereto. The Building Inspector and/or his Assistant and Deputy Building Inspectors shall have such fight to enter and inspect buildings, structures or premises and to perform other acts necessary for the enforcement of this chapter as is conferred upon them by law. He shall maintain files of all applications for building permits and plans submitted therewith and for certificates o~'occupancy and records of all building permits and certificates of occupancy issued by him, which files and records shall be open to public inspection and to perform such other acts necessary for the enforcement of this chapter as is conferred upon them by law. Said Building Inspector shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken on each such complaint, which records shall be public records. He shall report to the Town Board, at intervals of not greater than three months, summarizing for the period since his previous report all building permits and certificates of occupancy issued by him and all complaints of violations and the action taken by him thereon. The Building Inspector shall make the necessary inspections for the purpose of ascertaining whether or not existing conditions comply with the provisions of this chapter. At the request of the Town Board, the Building Inspector shall inspect any premises for the purpose of ascertaining whether or not existing conditions comply with the provisions of this chapter and report, in writing, to said Board the results of his findings. At the request of the Planning Board, the Building Inspector shall review site plan applications for compliance with this chapter and requirements established in the presubmission conference. EN For this chapter, the term "Building Inspector" shall include and refer to: [Added 11-24- 1998 by L.L. No. 23-1998] (l) Building Inspectors of the Town of Southold; and June 15, 2010 Page 59 Southold Town Board Meeting Minutes (2) The D~rect,~r cfCcde Enfcrcment Zoning Inspector of the Town of Southold. EN § 280-155. Penalties for offenses. ]Amended 6-2-2009 by L.L. No. 6-2009] For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor, or their agents, or any other person who commits, takes part or assists in the commission of any such offense or any person, including an owner, contractor, agent or other person who fails to comply with a written order or notice of any Building Inspector~ or Zoning Ordinance Inspector ~r Cc,~e Enforcement Officer shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. Notwithstanding the foregoing, any violation of §280-13A(6), §280-13B(13), and §280- 13D are hereby declared to be offenses punishable by a fine not less than $1,500 nor more than $8,000 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for convictions of a second or subsequent offense within 18 months, a fine not less than $3,000 nor more than $15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violation shall constitute a separate additional violation. Additionally, in lieu of imposing the fine authorized in this section, in accordance with Penal Law §80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy. § 280-156. Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by local process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate such violation or to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. 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 June 15, 2010 Page 60 Southold Town Board Meeting Minutes 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. [] Adopted [] Adopted as Amended ~s~Ay~ N~NaY Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-452 CATEGORY: Bond DEPARTMENT: Town Clerk Wastewater RESOLUTION AND ORDER AFTER PUBLIC HEARING WHEREAS, the Town Board of the Town of Southold (herein called the "Town"), in the County of Suffolk, New York, on behalf of the Southold Town Wastewater Disposal District (herein called the "District"), in the Town, has requested certain engineers duly licensed by the State of New York (herein called the "Engineer"), to prepare a map, plan and report for the improvement of facilities of the District, consisting of the removal of all existing buildings, equipment, fencing, pavement, walkways, piping and other site features relating to the existing Scavenger Waste Facility located on land leased from the Village of Greenport, in connection with the decommissioning of said Scavenger Waste Facility at the estimated maximum cost of $700,000; and WHEREAS, the Town Board adopted a resolution describing in general terms the proposed improvement of facilities, specifying the estimated cost thereof, and stating the Town Board would meet to hear all persons interested in said improvement of facilities on June 15, 2010 at 7:40 o'clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York; and WHEREAS, a Notice of such public hearing was duly published and posted pursuant to the provisions of Article 12 of the Town Law; and WHEREAS, such public heating was duly held by the Town Board on this 15th day of June, 2010 at 7:40 o'clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York, with considerable discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition to said improvement of such facilities; June 15, 2010 Page 61 Southold Town Board Meeting Minutes Now, therefore; on the basis of the information given at such heating, it is hereby DETERMINED, that it is in the public interest to improve the facilities of the District as hereinabove described, at the estimated maximum cost of $700,000; and it is hereby ORDERED, that the facilities of the District shall be so improved and that the District, with the assistance of the Town Attorney, shall prepare a proposed contract for such improvement of facilities of the District, which proposed contract shall be presented to the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the cost of said improvement of facilities shall be financed by the issuance of $700,000 bonds of the Town, and such cost, including payment of principal of and interest on said bonds, shall be paid by the assessment, levy and collection of assessments upon the several lots and parcels of land within the District which the Town Board shall determine and specify to be especially benefited by such improvement, so much upon and from each as shall be in just proportion to the amount of benefit which the improvement shall confer upon the same; and it is hereby FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a certified copy of this Resolution and Order After Public Heating in the office of the Clerk of Suffolk County within ten (10) days after adoption thereof. ./r Vote Re~ord - Resolul~ion RES-2010-452 [] Adopted [] Adopted as Amended · Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hswys Appt 2010-453 CA TE GOR Y: Bond DEPARTMENT: Town Clerk Bond Resolution Wastewater BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 15, 2010, APPROPRIATING $700,000 FOR THE IMPROVEMENT OF FACILITIES OF THE SOUTHOLD TOWN WASTEWATER DISPOSAL DISTRICT, AND AUTHORIZING THE ISSUANCE OF $700,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION Recital WHEREAS, after a public hearing duly called and held, the Town Board of the Town of Southold (herein called the "Town"), in the County of Suffolk, New York determined that it is in the public interest to improve the facilities of the Southold Town Wastewater Disposal District (referred to herein as the "District"), and ordered that such facilities be so June 15, 2010 Page 62 Southold Town Board Meeting Minutes improved; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $700,000 for the improvement of facilities of the District, consisting of the removal of all existing buildings, equipment, fencing, pavement, walkways, piping and other site features relating to the existing Scavenger Waste Facility located on land leased from the Village of Greenport, in connection with the decommissioning of said Scavenger Waste Facility. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $700,000. The plan of financing includes the issuance of $700,000 serial bonds of the Town to finance said appropriation, and the assessment, levy and collection of assessments upon the several lots and parcels of land within the District which the Town Board shall determine and specify to be especially benefited by such improvement, so much upon and from each as shall be in just proportion to the amount of benefit which the improvement shall confer upon the same. Section 2. Bonds of the Town are hereby authorized to be issued in the principal amount of $700,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and stated: (a) The period of probable usefulness of the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 4 of the Law, is forty (40) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the serial bonds authorized by this resolution will not exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town without limitation as to rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the June 15, 2010 Page 63 Southold Town Board Meeting Minutes authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and the renewals of said bond anticipation notes, and relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish the foregoing bond resolution, in summary, in "The Suffolk Times," a newspaper having a general circulation in said Town, which newspaper is hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk's statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. Vote R~cord - Re~olut Ion RE$-10 t0-453 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator ~ [] [] [] [] Town Clerk's Appt Scott Russell Voter 1~ [] [] [] [] Supt Hgwys Appt VI. Public Hearings Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 8:12PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:'Albert Kmpski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Comments regarding public hearings June 15, 2010 Southold Town Board Meeting Minutes Page 64 SUPERVISOR RUSSELL: What we basically have is three public hearings this evening. One will be discussing changes, fundamental changes to the accessory apartment code. One is discussing financial obligations to the Village of Greenport for the decommissioning and the removal of the scavenger waste treatment facility and the third public hearing is in reference to night fishing. And that is to expand the access to waterways for residents and their guests. Set PH for 6/15/10 ~ 7:32 PM for LL/Amendment Night Fishing Parking Permits COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on thc 18th day of May 2010, a Local Law entitled "A Local Law in relation to Amendments to Chapters 189 and 260 in connection with Night Fishing Parking Permits". 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 15th day of June, 2010 at 7:32 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 Chapters 189 and 260 in connection with Night Fishing Parking Permits." reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Amendments to Chapters 189 and 260 in connection with Night Fishing Parking Permits". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To create an exception to parking restrictions for fishermen and shell fishermen that are residents, guests of residents or nonresidents of the Town allowing parking access to beaches, creeks, and waters within the Town between the hours of 10:00 p.m. and 6:00 a.m. with a proper permit and to relocate the applicable provision for parking at beaches from the Vehicle and Traffic Code (Chapter 260) to the Parking Code (Chapter 189). II. Chapter 189 of the Code of the Town of Southold is hereby amended as follows: § 189-2. Designation of parking areas requiring permits. A. The following beach parking areas are hereby designated as Town of Southold "Parking by Southold Town Permit Only" areas: Subparagraphs (1) through (7) - text remains the same. B. Text remains the same. C. Text remains the same. D. Text remains the same. E. Text remains the same. F. Text remains the same. G. The parking of vehicles is hereby prohibited between the hours of 10:00 p.m. to 6:00 a.m. in all of the beach parking areas designated in § 189-2A. § 189-3. Parking permits. Parking permits for parking vehicles in the parking areas designated in § 189-2 of this article June 15, 2010 Page 65 Southold Town Board Meeting Minutes. shall be issued as follows: B. C. D. E. F. G. Text remains the same. Text remains the same. Text remains the same. Text remains the same. Text remains the same. Text remains the same. Night fishing parking permit. For the purpose of ensuring fishermen and shell fishermen parking access to the beaches, creeks and waters within the Town of Southold when such parking access is normally closed (10:00 p.m. to 6:00 a.m.), the following exception to § 189-2G is hereby created: [Added 6-8-1999 by L.L. No. 4-1999] (1) Night fishing parking permit. A night fishing parking permit shall be issued by the Town Clerk or a person designated by the Town Clerk to all persons who hold a resident parking permit or a lessee ~ parking permit. (2) Non-resident night fishing parking permit. A weekly night fishing parking permit may be issued by the Town Clerk or a person designated by the Town Clerk to any individual holding a nonresident seasonal beach parking permit or to a guest of any person holding a valid resident or lessee parking permit, however, guest permits may only be issued to the holder of a resident or lessee permit upon application and certification duly executed by the resident or lessee clarifying the individual's guest status and providing a valid license plate number and payment of the fee prescribed by resolution of the Southold Town Board. (3) Any motor vehicle having a night fishing parking permit shall be deemed not to be in violation of §189-2G or §189-3G and where both the night fishing permit and the resident or lease parking permit are properly displayed. (4)The following rules and regulations apply: (a) At the time a motor vehicle with a night fishing permit is parked at a location during a time in which parking is normally prohibited by §189- 2G and §189-3G, the occupants of the vehicle must have fishing equipment and be actively engaged in fishing. The permit is nontransferable and valid only for vehicles bearing the license plate number on the permit. (b) Fees. There shall be no annual fee for resident or lessee permits. (c) Duration of permits. All annual night fishing permits provided for in this section shall expire on December 31 of the year issued. (5) Other regulations. Persons using parking areas pursuant to the provisions of this section shall comply with all other laws, ordinances, rules, regulations and restrictions thereto. III. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: § 260-9. Parking prohibited during certain hours. A. [Text remains the same.] June 15, 2010 Page 66 Southold Town Board Meeting Minutes IV. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. We have the affidavit of posting on the Town Clerk's bulletin board, we have a notice of publication in the Suffolk Times which is dated June 3, 2010. I have a letter to Scott Russell from Martin Sidor, chairman of the Southold Town Planning Board. 'Thank you for the opportunity to provide comments on the proposed local law. The Planning Board has reviewed the proposed legislation and supports it.' We also have a letter from Suffolk County office of Department of Planning, 'Dear Ms. Neville, Pursuant to requirements of sections A 14-14 through 14-25 of the Suffolk County administrative code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter of local determination as there is no apparent significant county wide or inter-community impacts. A decision of local determination should not be construed as either an approval or a disapproval.' And that is it. SUPERVISOR RUSSELL: Would anybody like to come up and address the issue of night fishing in Southold Town? BENJA SCHWARTZ: Good evening, Benja Schwartz, Cutchogue. I hate getting parking June 15, 2010 Page 67 Southold Town Board Meeting Minutes tickets. Do you all like to get parking tickets. I don't even like it when other people get parking tickets. Unfortunately I live on a road end and we have parking problems. These are not just caused by non-residents, these are caused by people who claim that they live here. The point is there is one no parking sign at the end of East Road. The no parking district according to town law goes fi.om the corner of East and Fleetwood Road down to the end of East Road. Depends on who the enforcement officer is that day. Whether it is a police officer or a traffic enforcement officer, I don't know, the different people who enforce the parking. Some of them will give tickets, some won't, some say there are no signs. You know, they are very happy to give tickets if you park in the wrong direction on the right side of the road facing the wrong way or vice versa. There are no signs that say that is illegal. But if we have parking regulations and I think we need them in this case, one example, two weeks ago, I was pulling up the road and there was a car parked there and it stopped for a minute. This woman was obviously impatient to get by and I said that I am moving in one minute but by the way, you don't have a parking permit. She said, I live here, I don't need one. And in the process of speeding by me between my truck and the car on the other side of the road, she hit her mirror, hit the mirror of the other car. We heard a big bang. Did she stop? No. kept going, 40 feet more, that is all she could get. Another case, the same day, a very well known attorney in town parked her truck down there and put a notice in the window, I live here, I don't need a permit. The police were called and they were there several times and they declined, they refused to give her a permit because there were no signs. So, you know, it is fine if you want to make parking regulations but if you are not going to enforce them, if you are not going to properly notice them, then I don't understand why my friends have to pay the fines. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the issue of night fishing? COUNCILMAN KRUPSKI: I did call the town attorney's office for clarification on that as far as whether town road ends were posted, do you need a permit or can you park there even if they are not posted and I was told that in fact the road ends, even if they are not posted, it is in the town code that you need a town permit to park at the road ends because, and this addresses night access and a lot of people fish and a lot of people go crabbing at night, eeling at night and really access, it is public property, you know beaches and creeks and wetlands are public property and residents should have access to them. This permit, what we are addressing here wouldn't cost residents any money, it just simply as residents gives them the right, even though there is a sign that says no parking after 10 or a certain hour, this would give them the right to use the beach or the creek for whatever they want. Because that is the .... SUPERVISOR RUSSELL: On your other issue, I got your email and I forwarded it to the police captain and asked him to look into it, both the signage that is absent and the specific parking without a permit and the handwritten sign that says basically I don't need one, I am a resident and he assured me that won't happen again. JUSTICE EVANS: Are they going to .... MR. SCHWARTZ: Well, I am very happy .... June 15, 2010 Page 68 Southold Town Board Meeting Minutes JUSTICE EVANS: Are they going to put a sign at the far end? Because I think what happens is there is only a sign near the road end, so unless you get th&t far down you don't see the no parking sign. SUPERVISOR RUSSELL: It is already specified in the code and I will use, I assume that Mr. Hams and his sign installer can figure out exactly wh~re the signage needs to be. But if it is specified in the code, there needs to be signage, there will be. MR. SCHWARTZ: There is still a post from where the sign used to be 10 years ago. SUPERVISOR RUSSELL: Yes, I asked them to look into that. MR. SCHWARTZ: But you know, I want to make it clear that I live at the end of the road. I am not trying to keep everybody else out of there. I am very happy for everybody to park there but we do have a problem, a lot of people come down there and they park so close together that the cars that are parked down further cannot get out and the police can't get down there and we have quite a few medical emergencies that occur every year, every other year on the beach. And it is just not right that we have cars, people when they come down to the beach, they come down and enjoy the beach, good. But do they have to speed down there and park blocking everybody else? I don't think so. Thank you. SUPERVISOR RUSSELL: Any other comment on night fishing? No response. I am going to ask us to close the hearing and then a hold on this because there are some issues on the wording that I would like to clarify with the town attorney. I think this cast a net a little bit wider than we wanted. Basically we wanted residents who have guests to have those guests have the right to go fishing at night and I think this goes a little bit more broadly than we had talked about. RESULT: CLOSED [UNANIMOUS] MOVER: Albert Kmpski Jr., Councilman SECONDER: William Ruland, Councilman AVES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Set PH for 6/15/10 ~ 7:35 PM LL/Amends. to Use Regulations/Access. Apts. COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of May 2010, a Local Law entitled "A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation (A-C} District and Low DensiW Residential R-80~ R-120~ R-200~ and R-400 Districts and Accessory. Apartments" 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 15th day of June, 2010 at 7:35 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 Use June 15, 2010 Page 69 Southold Town Board Meeting Minutes Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-40~ R-80~ R-120~ R-200~ and R-400 Districts and Accessory Apartments" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-40~ R-80~ R-120~ R-200~ and R-400 Districts and Accessory, Apartments". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intent and purpose of this law to allow accessory apartments within accessory structures in A-C, R-40, R-80, R-120, R-200 and R-400 Districts to provide the opportunity for the development of small rental housing designed to meet the housing needs of median income families, both young and old, and relatives of families residing in the Town of Southold. It is also the intent of this law to increase compliance with building and fire code, property maintenance, preserve property values and the health, safety and welfare of the community." II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. ACCESSORY APARTMENT - An apartment A ~wc!!ing un?, created in a presently existing one family dwelling unit or accessory structure pursuant to §280-13A(6 or B 13.). FAMILY MEMBER - The spouse, domestic partner, child, grandchild, stepchild, parent, aunt, uncle, niece, nephew, brother or sister of the owner or of the owner's spouse or domestic partner. RENTAL PERMIT - A permit issued by the Chief Building Inspector to the owner to allow use and occupancy of a lawfully existing accessory apartment. §280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (1) One-family detached dwellings, not to exceed one dwelling on each lot. (2) The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust-producing substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line: [Amended 5-23-1989 by L.L. No. 8- 1989] (a) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises. [Amended 11-29-1994 by L.L. No. 25-1994; 5-13-1997 by L.L. No. 8-1997] (b) The keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks)EN on lots of 10 acres or more. (c) Barns, storage buildings, greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. (d) The retail sale of local produce from structures of less than 20 square feet floor area shall be set back at least 10 feet from any lot line. [Added 5-13- June 15, 2010 Page 70 Southold Town Board Meeting Minutes (3) (4) (5) (6) 1997 by L.L. No. 8-1997] Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. Wineries which meet the following standards: [Added 11-29-1994 by L.L. No. 26-1994] (a) The winery shall be a place or premises on which wine made from primarily Long Island grapes is produced and sold; (b) The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner; (c) The winery structures shall be set back a minimum of 100 feet from a major road; and (d) The winery shall obtain site plan approval. Small wind energy systems on parcels greater than seven acres in size, which parcels are dedicated primarily to uses necessary for bona fide agricultural production, and subject to the standards provided in Chapter 277 of this Town Code. [Added 7-17-2007 by L.L. No. 15-2007] One accessory apartment in an existing one-family dwelling, subject to thee issuance of a rental permit in accordance with Section 280-13D and the following requirements: (a) The accessory apartment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. (c) The existing one-family dwelling shall contain not less than 1,600 square feet of livable floor area. (d) The accessory apartment shall contain not less than 450 square feet of livable floor area. o (e) The accessory apartment shall not exceed 40 ¥o of the livable floor area of the existing dwelling unit and any addition thereto permitted under Section 280-13(B)(13)(i) hereof. (f) A minimum of three off-street parking spaces shall be provided. (g) Not more than one accessory apartment shall be permitted on a lot. (h) The accessory apartment shall meet the requirements of an ......... ~, .... apartment as defined in § 280-4 hereof. (i) The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one-family dwelling. .~4-.-.~.!- ~1~11 1.,~ ~A~ ~-- +1~ ~v:**;.~ g^...A**:^~ Subject to all other restrictions and requirements in this Code, a reasonable expansion of the existing foundation, not to exceed 25% of the living space of the existing dwelling unit, may be permitted to accommodate the creation of an accessory apartment. June 15, 2010 Page 71 Southold Town Board Meeting Minutes of ................ mended 5-20- L.L. No. 6-1993] (1) All conversions shall be subject to the inspection of the Building Inspector and r-ee, ewat issuance of the a certificate of cccupancy compliance. ~----~--~n". [Amended 5-20-1993 by L.L. No. 6-1993] (m) The ........~, dwelhng which is converted to permit an accessory apartment shall be in existence, and ka;'e be eligible for or have a valid .... 2004, or proof of certificate of occupancy issued prior to January 1, ~ noA legal occupancy prior to that date. [Amended 5-20-1993 by L.L. No. 6- 1993] (n) The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 280 of the Town Code of the Town of Southold. (o) Notwithstanding the provisions of § 280-13B hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment. (p) Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (q) No bed-and-breakfast facilities, as authorized by § 280-13B(441~) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. [Added 3-14-1989 by L.L. No. 3-1989] Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for ~.,,v .... c~;~...~....~ ~.. v.....,,v~"'~u: ..... ~..,~ the uses set forth in Subsections B(1, 13, & 14) hereof, are subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L~L. No. 27-1993] (1) Two-family dwellings not to exceed one such dwelling on each lot. (2) Places of worship, including parish houses (but excluding a rectory or parsonage, which shall conform to the requirements for a one-family dwelling), subject to the following requirements: (a) No building or part thereof shall be erected nearer than 50 feet to any street line and nearer than 20 feet to any lot line. (b) The total area covered by all principal and accessory buildings shall not exceed 20% of the area of the lot. (3) Private elementary or high schools, colleges and other educational institutions, subject to the following requirements: (a) No building shall be less than 50 feet from any street or lot line. (b) The total area occupied by all principal and accessory buildings shall not exceed 20% of the area of the lot. (c) Any school shall bea nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as June 15, 2010 Page 72 Southold Town Board Meeting Minutes (4) (S) (6) (7) (8) such. (d) Any such school shall occupy a lot with an area of not less than five acres plus one acre for each 25 pupils for which the building is designed. Nursery schools. Philanthropic, eleemosynary or religious institutions, health care, continuing care and life facilities, but excluding facilities for the treatment of all types of drug addiction, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 11-12-1996 by L.L. No. 20-1996] (a) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line nor within 50 feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. (c) The maximum height shall be 35 feet or 2 1/2 stories. (d) The entire lot, except areas occupied by buildings or parking or loading areas, shall be suitably landscaped and properly maintained. (e) Any health care, continuing care or life care facility shall meet the following standards: [ 1 ] All buildings shall be of fire-resistive construction. [2] All such uses shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. [3] Patients suffering from communicable diseases shall not be permitted in any nursing home or sanatorium. (Communicable diseases are defined by the Sanitary Code of the Public Health Council of the State of New York.) [4] Eight thousand square feet of lot area shall be provided for each patient bed. Public utility rights-of-way as well as structures and other installations necessary to serve areas within the Town, except that wireless communication facilities must obtain approval pursuant to Article XVII, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. [Amended 11- 12-1997 by L.L. No. 26-1997] Beach clubs, tennis clubs, country clubs, golf clubs and annual membership clubs and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings catering exclusively to members and their guests, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 12-8-1998 by L.L. No. 26-1998] (a) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line or within 50 feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. (c) No such use shall occupy a lot with an area of less than three acres. Children's recreation camps organized primarily for seasonal use and subject to the following requirements: June 15, 2010 Page 73 Southold Town Board Meeting Minutes (9) (10) (11) (12) (13/ (a) No building, tent, activity area or recreation facility shall be less than 200 feet from any lot line, and any such building, tent, activity area or recreation facility shall be effectively screened therefrom as required by the Planning Board. Buildings intended for use as sleeping quarters shall be not less than 30 feet from each other, except tents, which shall be not less than 10 feet apart. (b) The minimum lot area shall be not less than 10,000 square feet for each cottage, tent or other principal building and not less than 3,000 square feet of land area shall be provided for each person a6commodated in the buildings or tents on the premises. EN (c) The sound level of ail outdoor public-address systems shall not exceed the intensity tolerable in a residential neighborhood. Farm labor camps, subject to the following requirements: (a) All farm labor camps on farms shall be construed in conformance with applicable laws and shall not be located nearer to any other residence than the residence of the employer, except by specific review and approval of the Planning Board. Veterinarian's offices and animal hospitals, subject to the following requirements: (a) The housing of all animals shall be in a fully enclosed structure, if nearer than 150 feet to any lot line. Cemeteries. Stables and riding academies. EN One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (al The accessory apartment shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no (b) (c) (d) (e) (g) (h) (i) more than one bathroom. A minimum of three off street parking spaces shall be provided on premises. Not more than one accessory apartment shall be permitted on a lot. The accessory apa~hnent shall meet the requirements of an apartment as defined in Section 280-4 hereof. The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. The accessory structure which is converted to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued prior to January 1, 2008. The existing accessory structure shall comply with all other requirements of this Chapter. Approval of the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. No bed-and-breakfast facilities, as authorized by Section280-13(B/(14/ hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. Occupancy of resident structures on the premises shall be subject to the June 15, 2010 Page 74 Southold Town Board Meeting Minutes issuance of an annual rental permit in accordance with Section 280-13D (k) and the following requirements: [1] The owner of the premises shall occupy either the existing single- family dwelling unit or the accessory apartment in the detached accessory structure as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: a) a family member; or b) to a resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement. [2] Rents charged to a resident on the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to §280-30(F) of this Code. [3] No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. [4] An accessory apartment shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the dwelling unit. The Chief Building Inspector, Zoning Inspector, and Town personnel who are engaged in the enforcement of the provisions of this chapter are authorized to make or cause to be made inspections to determine compliance with this chapter and are authorized to enter upon any property for the purpose of said inspections. (14) Bed-and-breakfasts which have been issued a bed-and-breakfast permit by the Building Inspector. Said permit shall be issued for a term of one year if the following conditions are met: [Amended 3-14-1989 by L.L. No. 3-1989; 2-7-1995 by L.L. No. 3-1995] (a) A smoke alarm shall be provided on each floor and in every guest room. (b) The dwelling shall have at least two exits and there shall be a window large enough for emergency egress in each guest room. (c) The identification sign shall be no larger than two square feet in areas zoned Residential-Office or higher, but there shall be no exterior signage identifying the use as a bed-and-breakfast in residential areas. (d) No accessory apartment, as authorized by § 280-13B(13) hereof, shall be permitted in or on premises for which a bed-and-breakfast facility is authorized or exists. (15) Historical society. [Added 11-12-1996 by L.L. No. 20-1996] (16) Preservation and use of a federal or state designated historic building for the purpose of hosting community events, together with the use of part of such building for professional offices and/or one apartment, not to exceed a total of three uses per building, provided that such building is owned and maintained by a not-for-profit historic organization. In no event shall there be more than one apartment per building. [Added 10-25-2005 by L.L. No. 18-2005] June 15, 2010 Page 75 Southold Town Board Meeting Minutes Rental Permit for Accessory Apartments: Notwithstanding any prior course of conduct or permission granted, no owner of property shall cause, permit, or allow the occupancy or use of an accessory apartment created pursuant to Sections 280-13A(6) or 280- 13B(13) without a valid rental permit issued upon application to the Chief Building Inspector. (1) Content of Application: An application for a rental permit or for a renewal ora rental permit shall bear the notarized signature of the owner and contain the following information: a) The name, date of birth and telephone number of the owner. b) The address of the subject property including street address and Suffolk County Tax Map number. c) In the event the owner is a corporation, partnership, limited liability company or other business entity, the name, address and telephone number of each owner, principal, officer, shareholder, panner or member of such business, d) The name(s) and telephone number(s) of all tenants. e) A copy of the lease agreement between Owner and Tenant. f} A copy of the certificate of occupancy or pre-existing certificate of occupancy for the property. (2) The owner of an accessory apartment within an existing one family dwelling shall, in addition to the information required in Section 280-13D(1)(a)-(f), provide a certification that the existing dwelling or accessory apartment is occupied by the owner and that the premises is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. (3) The owner of an accessory apartment in an accessory structure lawfully existing pursuant to Section 280-13B(13) shall, in addition to the information required in Section 280-13D(1)(a)-(f), provide a certification that: a) the existing single-family dwelling or the accessory apartment in the accessory structure is occupied by the owner as the owner's principal residence; b) that the other dwelling unit on the subject property is to be occupied by either a family member or a resident who is currently on the Southold Town Affordable Housing Regishw and eligible for placement, and c) that rents charged to a tenant from the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to Section 280-30F of this Code. d) that the dwelling unit is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. (4) Review of Application: The Application for a rental permit shall be reviewed for completeness and accuracy by the Chief Building Inspector and, in the case of applications pertaining to accessory apartments in accessory structures, by the Special Proiects Coordinator. The Chief Building Inspector shall not issue a rental June 15, 2010 Page 76 Southold Town Board Meeting Minutes permit unless the application includes all of the requisite information enumerated in Section 280-13D(1)-(3) and written approval by the Special Projects Coordinator that the requirements of Section 280-13B(13)0) have been satisfied. The Chief Building Inspector shall have the right to inspect the property to confirm compliance with the New York State Uniform Fire Prevention and Building Code and this Code. (5) Fees: A nonrefundable annual permit application fee in the amount of $150 shall be paid at the time of filing an application for a rental permit or a renewal rental permit for an accessory apartment in an existing single-family dwelling. A nonrefundable annual permit application fee in the amount of $100 shall be paid at the time of filing an application for a rental permit or a renewal rental permit for an accessory apamnent in an accessory structure. (6) Registry of Permits: It shall be the duty of the Chief Building Inspector to maintain a register of permits issued pursuant to this chapter. Such Register shall be kept by name of applicant and street address and set forth the date of expiration of the rental permit. (7) Annual Renewal: Rental Permits issued pursuant to this chapter shall be valid for a period of one (1) year from the date of issuance and must be renewed by application to the Chief Building Inspector in accordance with the procedures for the issuance of the initial rental permit within ten (10) days of expiration. (8) Penalties for offenses: in addition to any other penalties for violations of this Chapter, the Chief Building Inspector or Zoning Inspector shall revoke a permit when he or she finds that the owner has caused, permitted or allowed to exist and remain upon the premises a violation of any provision of the Code of the Town of Southold for a period of 14 days or more after written notice has been given to the owner. Should the owner permit any such violation of this Code, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York to remain uncured for a period of 30 days or more after written notice has been given to the owner, the Chief Building Inspector may revoke the certificate of compliance for the accessory apartment. (9) Appeal by Owner: An appeal of a denial, revocation or renewal of a rental permit by the Chief Building Inspector based upon the owner's failure to satisfy the requirements of Section 280-13B(13)(i)(1) and (2) may be taken to the Housing Advisory Commission, by written request, made within 30 days from the date of such revocation. The Housing Advisory Commission shall hold a public hearing on such appeal within 30 days after receipt of written notice of such appeal and, after such hearing, shall make written findings and a decision either sustaining such denial or revocation or issuing or reinstating such permit within 30 days after close of such public hearing. Any appeal of the revocation of a certificate of compliance must be presented to the Zoning Board of Appeals within 30 days from the date of revocation. ARTICLE XXVII Administration and Enforcement § 280-151. Administrative and enforcing officer. A. It shall be the duty of the Building Inspector and such deputies and assistants as may be June 15, 2010 Page 77 Southold Town Board Meeting Minutes appointed by the Town Board to administer and enforce the provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant thereto. B. The Building Inspector and/or his Assistant and Deputy Building Inspectors shall have such right to enter and inspect buildings, structures or premises and to perform other acts necessary for the enforcement of this chapter as is conferred upon them by law. He shall maintain files of all applications for building permits and plans submitted therewith and for certificates of occupancy and records of all building permits and certificates of occupancy issued by him, which files and records shall be open to public inspection and to perform such other acts necessary for the enforcement of this chapter as is conferred upon them by law. C. Said Building Inspector shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken on each such complaint, which records shall be public records. He shall report to the Town Board, at intervals of not greater than three months, summarizing for the period since his previous report all building permits and certificates of occupancy issued by him and all complaints of violations and the action taken by him thereon. D. The Building Inspector shall make the necessary inspections for the purpose of ascertaining whether or not existing conditions comply with the provisions of this chapter. E. At the request of the Town Board, the Building Inspector shall inspect any premises for the purpose of ascertaining whether or not existing conditions comply with the provisions of this chapter and report, in writing, to said Board the results of his findings. F. At the request of the Planning Board, the Building Inspector shall review site plan applications for compliance with this chapter and requirements established in the presubmission conference. EN G. For this chapter, the term "Building Inspector" shall include and refer to: [Added 11-24- 1998 by L.L. No. 23-1998] (1) Building Inspectors of the Town of Southold; and (2) The Dirzztcr cf C.~de Enfercement Zoning Inspector of the Town of Southold. EN § 280-155. Penalties for offenses. [Amended 6-2-2009 by L.L. No. 6-2009] A. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor, or their agents, or any other person who comanits, takes part or assists in the commission of any such offense or any person, including an owner, contractor, agent or other person who fails to comply with a written order or notice of any Building Inspector; or Zoning Ordinance Inspector cz Ccde Enfcrc~cr2 Officer shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. B. Notwithstanding the foregoing, any violation of §280-13A(6), §280-13B(13), and §280- 13D are hereby declared to be offenses punishable by a fine not less than $1,500 nor June 15, 2010 Page 78 Southold Town Board Meeting Minutes more than $8,000 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for convictions of a second or subsequent offense within 18 months, a fine not less than $3,000 nor more than $15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violation shall constitute a separate additional violation. Additionally, in lieu of imposing the fine authorized in this section, in accordance with Penal Law §80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy. § 280-156. Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding,, whether by local process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate such violation or to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. 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. I have here a copy of the notice of local law, an advertisement of posting on the Town Clerk's bulletin board on June 3, 2010. I have a letter here from the Suffolk County Planning Commission again stating that this would be a matter for local determination as there is no apparent significant countywide or inter-community impacts. I have a letter from the Southold Town Planning Board, 'in regards to the local law in relation to amendments to use regulations in Agricultural districts and residential, the Planning Board has reviewed the above amended proposed legislation and supports the draft with no further comments or recommendations.' A letter from LWRP coordinator Mark Terry, 'the proposed local law has been reviewed to Chapter 268 Waterfront Consistency Review of the Town of Southold Town Code and the local waterfront revitalization policy standards, based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is consistent with the LWRP policy standards and therefore is consistent with the LWRP pursuant to Chapter 268 the Town Board shall consider this recommendation and prepare in its written determination regarding the consistency of the proposed action.' And finally just the affidavit of posting in the Suffolk Times, June 3, 2010. That is it. SUPERVISOR RUSSELL: Before I take public comment, let me just clarify, there are two very June 15, 2010 Page 79 Southold Town Board Meeting Minutes separate provisions to this legislation or these amendments. One is we currently have an accessory apartment law on the books in Southold Town but it is a fairly restrictive law. It limits houses that were built prior to 1982, June of 1982 etc. No external expansion of the home. What we have tried to do is address that and provide more homes with opportunities to create accessory apartments. It in no way regulates the occupancy or ownership of those apartments. You can lease them out to who you like. It does require that the principal resident resides on the premises. The second component which I think people got confused on and that is with the separate accessory structure. What we are allowing for the first time is for accessory apartments to exist in separate structures such as garages. But under those circumstances, we are only allowing for the residency of two parties. One would either be a family member as defined by the town code in the body of this law or second would be someone who is on the affordable housing registry of Southold Town or who could qualify for the affordable housing registry of Southold Town. It would regulate the occupancy to those parties and regulate the rent that is collected based on the guidelines that get adopted each year by the Southold Town Board at the recommendation of the Affordable Housing Commission. The thinking was, we don't, in this economy, have very many opportunities to create affordable housing. Certainly there is nobody knocking at the door looking to build affordable housing. What we are trying to do is help ease some of the affordable housing crisis with the utilization of the existing inventory of the town, with the existing homes and the existing garages. What we are not looking to do is create this pell mell rush to build accessory apartments anywhere and everywhere and undermine the very zoning that exists that allows for single family dwellings on residential lots. We are trying to meet the goals of affordable housing with the second component of this legislation. So, with that clarification, hopefully I made it more clarified, I would ask anyone that wants to comment on the issue? Pat Moore. PATRICIA MOORE: Thank you. Patricia Moore. I am here both as an attorney and as a resident of Southold. I want to thank the Town Board and the Town Attorney as well and the code committee who worked very hard, everyone worked very hard to as you pointed out, bring the accessory apartment law in principal building into current, the current needs, and also provide for accessory apartments in accessory structures. Very few comments I have because you did implement many of the observations that were made at the last public heating but one that I noticed with respect to the definition of family member, I get several people that I speak with on a regular basis with respect to adult daycare in particular, people who need both childcare or care so on or adult care that is, it is not a high paying position and therefore many times people need to provide for housing for someone that is, you have young children, I know I had to deal with when my children were young, dealing with somebody when everybody works that can help with your children at home and we have a significant senior population and they are more and more relying on adult daycare. If there is a concern about opening it up for caregiver, I think I made that point last time, caregiver, in most instances a caregiver in an accessory because really we are just dealing with the accessory building, that is the only time that family member definition really is applicable or restrictive. If you want to put in with respect to caregiver, that they are, it is not rented in the sense that the homeowner is not using the accessory space for rental purposes, it is really providing for an additional space for a caregiver and in most instances it is really just an accommod.ation more than it is financial benefitted. You know, it is providing somewhere for the caregiver to stay. Sometimes you have to bring caregivers from out of the June 15, 2010 Page 80 Southold Town Board Meeting Minutes area if you don't have availability within the area and so they may need to have a place to stay for extended periods of time, 24 hour care or seasonal care, whatever, to provide for that. So again, I would point out that earegiver is really a needed definition in the, as family member and if your concern on, I was surprised not to see it in the code but if your concerned about opening it up too much, just make caregiver where no rental, the individual is not renting. COUNCILMAN TALBOT: How would you control that? MS. MOORE: Well, you are doing rental permits regardless, so .... COUNCILMAN TALBOT: Well, if it wasn't a rental, you are not collecting any money, if somebody says they are not collecting any money it is just a caregiver. MS. MOORE: Well, you can say, you know, it is not collecting money. I am assuming that with a rental permit even if you don't, you don't distinguish between somebody who is renting and somebody who is not, so if you are in fact it is a family member in there, it is not clear from the code, I didn't read it to see that there was a differentiation between a family member, that was something, I think we have discussed it at code committee but I am not sure that it was implemented into the code. SUPERVISOR RUSSELL: There were a couple of concerns. One was it is difficult to validate the employment of the individual. It is much easy to validate the family member or somebody who is on the affordable housing list. And we were worded about people who would say they are an au pair or they are a caregiver without our ability to determine if that is true or not. Secondly, I think we spoke to that by easing the restrictions with the principal dwelling. In other words, au pairs, nannies, caregivers by easing the accessory apartment availability in the principal structure, should satisfy the need for housing for anyone who falls in that category. MS. MOORE: I hope that you will keep it in mind, if, you know, after this law is implemented, seeing that if the need still remains. I see it on a daily basis because I meet with people and talk about their needs. I think it is something that won't be satisfied through principal dwelling occupancy because it makes you make modifications to your house that are significant that the accessory building may be very simple to create a simple space, you know .... SUPERVISOR RUSSELL: I don't, honestly don't envision why an accessory structure would be easier to convert to living space than the interior of an existing dwelling. It would probably be a lot cheaper to add that accessory apartment to the existing living space. You are talking about walls and .... MS. MOORE: But you can do that now. you can create a room for a .... SUPERVISOR RUSSELL: Right. MS. MOORE: But it is not providing the privacy that oftentimes is really something that is needed. June 15, 2010 Page 81 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Again, I wouldn't envision why au pairs or nurses would require more privacy than people on the affordable housing registry or family members that are getting married and expanding. But I appreciate your comments. Thank you. MS. MOORE: I do have another comment which is with respect to, again, the detached structure. You have a requirement that the entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure, that didn't, make no sense and when I spoke to architects and showed it to them, they said no, that seems to go contrary to the use of an accessory building because you have, I mean, it makes sense if you have a garage with space above but if you have anything other than that which may be a barn or an accessory structure, a storage building whatever, it may make much more sense to have one room on the first floor and just go up a set of steps to a second floor, not creating that artificial design restriction because you have the square footage limitation already imposed in the code forcing all that space on one floor really kind of, I think gives with one hand and takes away with the other. SUPERVISOR RUSSELL: I think it gives tremendously in one hand and doesn't, what it does is it tries to keep the intent of accessory in place. An accessory apartment, whether it is in a separate structure or the principal dwelling, ought to be accessory to something. What we don't want to see is the creation of little houses on lots that already host a home. We don't want to go down that path and we have already seen that without permission in the law. What we want to make sure is that is an accessory apartment that is accessory to something. MS. MOORE: I don't dispute that but you are making people go through both a special permit, a size limitation so isn't that sufficient control? Why create all of the need for the space because again, these are existing buildings. So you are trying to work within the existing space, you may have one, as long as you don't exceed the 750 or less, 450 to 750, where that placement is is not, if anything, it is going to keep the size of the structure small and make and keep the structure to look as it is, which is a garage with a door. So, or a barn with a door. Rather than forcing the design to be all on one floor and, I see again, it made no sense and when I spoke to architects, it made no sense to them. SUPERVISOR RUSSELL: Architects speak to a different constituency. They speak to people with means, that can afford to hire architects to design things for them. MS. MOORE: No, you need an architect .... SUPERVISOR RUSSELL: We are trying to address .... MS. MOORE: I respectfully disagree. You are going to need to comply with the state building code here. SUPERVISOR RUSSELL: That is absolutely right. MS. MOORE: Okay. So you are .... June 15, 2010 Page 82 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: But the architects you are talking to probably aren't discussing the issues of affordable housing with the registry that we are trying to address or with family members. We didn't want to go down the path of letting people build these little cottages, these little capes on lots. MS. MOORE: But you are not allowing anybody to build anything because it is .... SUPERVISOR RUSSELL: Or converting. Or converting these garages into these little houses. We want very much to see a single level apartment in the accessory structure. Not the accessory structure becoming .... MS. MOORE: But if you have a 30 x 20 foot garage, old garage... SUPERVISOR RUSSELL: Right. MS. MOORE: Okay, and you have that space (inaudible) second floor but it may be that that 750 allows you to put a very small kitchenette on the first floor to make the space so that it is useable. Again, you are creating these artificial, that is what happened last time with our accessory apartment law, there were these artificial conditions imposed that made it really difficult for people to implement what was the goal of the town, which was to provide accessory apartments. SUPERVISOR RUSSELL: What I think you call artificial is sound thinking to make sure that skullduggery doesn't take place. So that people don't come in and say, well, it is really just the first half of the second floor that is going to be living space and I am going to marry this to the apartment on the first floor. The enforceability, once the co gets issued, is very difficult. It is much easier to look at the occupied space versus the vacant storage space. To start distinguishing between what is living space and what is not in a two story structure becomes very difficult to enforce once the, and what we don't want is the expansion. We want to keep that inventory in place to meet a specific .... MS. MOORE: I think all of those goals are implemented without this legislation. SUPERVISOR RUSSELL: I heartily disagree. COUNCILMAN KRUPSKI: And we did have the discussion in code committee about just this issue. So it is not like we just thought about it, you just brought this tonight. We had this discussion. COUNCILMAN ORLANDO: We did bring it up, Pat. I happen to agree with you on that one. I don't agree with you on the first comment but I agree with you on this one. I can see 300 on the bottom, 350 up top. MS. MOORE: Gmat. I mean, you are going to the zoning board for special permit and you are June 15, 2010 Page 83 Southold Town Board Meeting Minutes going to, and you are having the building department and enforce it so enforcement issues really have been satisfied by forcing everybody to get rental permits. SUPERVISOR RUSSELL: Is there a demand on the affordable housing registry for two story structures? I mean, wouldn't a one story apartment seem to satisfy some of that need. I don't know why it doesn't achieve the goals that was stated in the legislation, to restrict it to one story of whether it is the first or second floor. I don't know why that wouldn't achieve the goals without having to go to a two story, I just don't understand... COUNCILMAN ORLANDO: It is just an option. Someone might have a two car garage .... MS. MOORE: I think it is confusing, existing structures, to the extent that you don't change them in any way, you are able to allocate space. So you don't give up your garage, in a sense, if you have a two car garage and it may be that you continue to use one bay and the other bay is available and maybe there is a little space on the second floor for the bedroom. You have one bedroom, so you have one bedroom on the second floor and the living space on the first floor. It works very well. SUPERVISOR RUSSELL: You are talking about design options but you know... MS. MOORE: It is purely .... SUPERVISOR RUSSELL: The nature of the law is you know, the nature of the law is to just allow for these accessory apartments and it is not going to be a law that is going to fix everything but there have to be some limits in place and that is just the nature of it. not every accessory structure is going to conform to the needs of this legislation. We can't help that. MS. MOORE: I would hope that you keep it in mind, if not this time because you have to see it in practice. I hope that in the future, at least when you go to the zoning board, if the zoning board says well, you know, you have got this space, why force all the space on the second floor to make up 350 square foot when you could have a 500 square foot area .... SUPERVISOR RUSSELL: I have assessed for 15 years a lot of that space. I have seen pool houses that are the, I saw garages that I could only hope to live in a garage so nice someday. I have seen all that. I have seen the capabilities. I think what we need to do is focus on meeting the intent of the legislation and if that means ultimately some of the accessory structures out there aren't going to meet the needs of this legislation, let's, we have got to start somewhere. MS. MOORE: Okay. Well, I appreciate your starting point. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address accessory apartments in Southold Town? JUDI FOUCHET: Judi Fouchet, Southold. I actually came out tonight because I wasn't sure whether or not there would be anybody saying they disagree with this and I just wanted to make June 15, 2010 -Page 84 Southold Town Board Meeting Minutes sure there was nobody that didn't realize that we do need this so desperately. I know so many young people who want to come back and live in the town they were bom and raised in and for me, when I left it was never even a question, I knew I could always come back and I would be able to. We desperately need this because there are no starter homes anymore in Southold. So people who want to save money, buy a home or just want to live and be a young person and not have the responsibility of a home, can't even get out of their parent's houses. So, I am thrilled that you are doing this. COUNCILMAN ORLANDO: Now you can move into the garage. MS. FOUCHET: Yes. Or my garage. And for those of us who life has dealt us things that we haven't anticipated, it helps us keep our homes. COUNCILMAN ORLANDO: Absolutely. SUPERVISOR RUSSELL: What we have been looking, yes, it is a two fold, retirees who have fixed incomes and young people who have marginal incomes because they are newly employed. But technically, this road to homeownership that we have always focused on, this Board I think, recognizes that it is not a road at all, it is a ladder. And what we need to do is design nmgs in that ladder to help people climb to the top. We can't guarantee that Levittown outcome, that you are going to have the house with the picket fence and certainly in this economy it is non-existent. But at least if we can develop rungs in a ladder, so you can have safe, secure, legitimate place to live to develop some of that equity, whether it is some in the back, you know, over the garage at mom and dad's house or not, it gives you that starting point. Those rungs in the ladder, so that you can climb the ladder a little easier. MS. FOUCHET: Sure. So I do appreciate it and I have been following this and thank you very much. SUPERVISOR RUSSELL: Thank you, Judi. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Would anybody else like to comment on this issue of accessory apartments? BENJA SCHWARTZ: I wasn't going to but, Benja Schwartz. I would like to agree with the two previous speakers and I would like to ask, what is it exactly that you are passing a law to permit use of existing accessory structures or new, construction of new accessory structures? SUPERVISOR RUSSELL: It would be for principal dwellings, it would be for existing principal dwellings. It does allow for modest expansion of that dwelling to accommodate for the accessory apartment. The previous law did not allow you to go outside the footprint. It had to be done within. So it allows for modest expansion of the existing structure. It was also for existing accessory structures. Again, it is a much more limited accessory apartment law but we June 15, 2010 Page 85 Southold Town Board Meeting Minutes were trying to meet public goals with that, in allowing accessory apmhnents in separate structures for the first time. But it would allow for existing structures and both have co dates that would indicate that the structure needed to be built prior to the co date. COUNCILMAN KRUPSKI: Prior to 2004. SUPERVISOR RUSSELL: Prior to 2004 and I think for accessory structures it is 2008. so it would be designed for the existing inventory. COUNCILMAN KRUPSKI: So people aren't going to go out and build two family homes because this law only goes back a few years, to ensure that. MR. SCHWARTZ: But the enforceability of this, especially with family members, you know, somebody renting to their son or daughter, I don't know if they are going to get a permit whether you .... SUPERVISOR RUSSELL: They will have no choice. They will have no choice for the occupancy. MR. SCHWARTZ: Good luck with the enforceability of that but I agree that a caregiver should be afforded equal, you know, I think we should be supporting the .... SUPERVISOR RUSSELL: I think the legislation does that. It allows for the .... MR. SCHWARTZ: inaudible provide for caregivers to live in an accessory apartment on their property. SUPERVISOR RUSSELL: They do. the law does. It allows for the caregiver to live in the accessory apartment that is attached to the principal dwelling. We have moved the line quite a bit to make the availability of accessory apartments in the principal dwelling. MR. SCHWARTZ: Not in a separate .... SUPERVISOR RUSSELL: Structure, no. That is going to be narrowly defined to again, family members or people on the affordable housing registry. You also need to remember, we are not going to create a lot of inventory this way. And we are trying to create a lot of inventory this way and we are trying to meet another public goal and that is affordable housing. There is .... MR. SCHWARTZ: It is my opinion that you could meet that goal and further that goal by including caretakers in the definition of family members. SUPERVISOR RUSSELL: I would think the problem there is that then their only threshold for qualifying is that they are a caregiver employed by the family. Under the current legislation, that would either have to be a direct family member, which we verify through the rental permit or they would need to go through the affordable housing registry so that their income, their June 15, 2010 Page 86 Southold Town Board Meeting Minutes qualifications, their residency. You know, we have local residents we are trying to create housing for... MR. SCHWARTZ: It is my opinion that the enforceability would be enhanced and the usability of the law, the functionality, the ability of the law to meet the goal that you have set forth would be enhanced by the expansion of the law as Ms. Moore suggested. COUNCILMAN TALBOT: How would enforceability of the law be enhanced by allowing caregivers? MR. SCHWARTZ: Because it would encourage people who had a need to house a caregiver on their property and didn't want to put the caregiver in their principal dwelling but had an accessory structure that could be used to house that caregiver. It would encourage them to comply with the law and to apply for a permit, rather than if it is illegal, they are not going to apply for a permit, they will just do it. COUNCILMAN TALBOT: Inaudible. SUPERVISOR RUSSELL: That is a challenge in code .... MR. SCHWARTZ: Well, that is how it would, the question was how that would enhance the .... SUPERVISOR RUSSELL: Just make it legal and then we won't have .... MR. SCHWARTZ: No, not just, the other point about the limiting the space to one story doesn't make much sense to me either. And do you know what a tiny house, quote-unquote, what the tiny house movement is? SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: I have spoken about it, often they include little lofts at least, sleeping loft with a living space and that enhances the affordability of the apartment, so I don't understand why there is .... SUPERVISOR RUSSELL: How does a loft contribute to the affordability? MR. SCHWARTZ: Because it is much less, it is much easier to put a little stairs up to a, create a loft space rather than create a larger structure that takes up more land and it requires less land which is more affordable. SUPERVISOR RUSSELL: You are talking about conversion, but it... MR. SCHWARTZ: Inaudible. SUPERVISOR RUSSELL: The accessory structure can't be expanded so you wouldn't be using June 15, 2010 Page 87 Southold Town Board Meeting Minutes more space under this law. You need to build within the existing accessory structure. So there would be no external expansion, in other wolds, you need to be able to lay it out on the first or second floor. MR. SCHWARTZ: But there might be a loft area setup for example and .... SUPERVISOR RUSSELL: But the law would prohibit that. MR. SCHWARTZ: And it could be used for a bedroom, a sleeping loft. SUPERVISOR RUSSELL: I think we are missing the goal here, which is to create starter housing for people who need starter housing. Those are one bedroom apartments, they are studio apartments, they are, that is the goal we are trying to meet. I actually, my first house was about 500 square feet, total size, 547 square feet or something like that. And I had the one bedroom, the one giant room and one kitchen and a bathroom. That is the layout, we are looking to create that. We are not looking to have people create these little weekend retreats for family members, you know, they create them out of pool houses. MR. SCHWARTZ: Well, but what is the difference if they are all on one story or if they, you know .... SUPERVISOR RUSSELL: We don't want to see a little house movement in existing accessory stmctures. MR. SCHWARTZ: Inaudible, it has a slate roof, you know but it had two stories. It was tiny, it was very affordable. SUPERVISOR RUSSELL: Again, the accessory component .... MR. SCHWARTZ: Inaudible. SUPERVISOR RUSSELL: The accessory component needs to still be accessory to something and what we are trying to ensure is that it is still accessory to a separate structure not being... MR. SCHWARTZ: It is an accessory building but why .... SUPERVISOR RUSSELL: It is an accessory apartment in an accessory, it is an accessory apartment in an accessory structure. COUNCILMAN ORLANDO: It is a possible scenario, Benja. I agree, I agree with Pat, it is a possible scenario that could help someone. MR. SCHWARTZ: I don't understand inaudible. RONA SMITH: Hi, Rona Smith, Orient. I am a member of the Housing Advisory Commission. June 15, 2010 Page 88 Southold Town Board Meeting Minutes Several other members are here as well. We worked on this legislation for quite a long time and it grew essentially out of as you know, the affordable housing registry. When the Cottages at Mattituck were being contemplated and the registry was being set up, it became clear very quickly that a lot of the people who wanted and needed housing couldn't qualify for mortgages to be even in the lottery for the cottages. So we realized that there was a tremendous need for people to have rental housing. And this came up as an idea which we explored with other towns and looked at what they were doing, we have spoken to you and we met with members of the public at other meetings. And so we think we finally kind of honed in on something that is a good starting point and we know we are not going to achieve a whole lot of new apartments and it is probably better that it doesn't because we want to maintain the character of the neighborhoods that these apartments are going to be placed in and so we think we have a good piece of legislation that we have had a lot of help with to get to the point where it is now. so we hope that you will approve it. SUPERVISOR RUSSELL: Thanks. COUNCILMAN KRUPSKI: Thank you for all your work, the Housing Advisory Commission. SUPERVISOR RUSSELL: I will tell you, when we sat down and discussed all of the positive aspects of moving the legislation and then all of those unintended consequences that we don't want to see and then you get done and it is month after month and one hearing and then we took that feedback and then you sit down and you craft a new one and then you go back to the original recommendations of the Housing Advisory, you guys hit every nail on the head. You certainly had all of those concerns right from day one. You try to accommodate as best you can in the legislation, so thank you for the hard work. COUNCILMAN ORLANDO: We need to add some family members, in-laws. Family members, in-laws. SUPERVISOR RUSSELL: Well, that would be the mother or father of the spouse, right? Okay, would anybody else like to comment on this legislation? COUNCILMAN TALBOT: One thing, Benja, maybe a little bit, with this accessory apartments it says that one of the, the living space has to be on one floor, it would still allow the usage of garage on the first floor not bedroom and stuff on second floor and living area on first floor but it would still, may offset and help out a homeowner if they had an apartment on the second floor in a lawfully existing building, it could be all on the second floor. It is only allowed to have one bathroom as well, so if you are doing some of the things that you are talking about, bedrooms upstairs, then you are back to the old style houses where they have to go downstairs to go to the bathroom in the middle of the night but you would be allowed to have it on the second floor but all of it has to be up there, and then this would still give, maybe offset some of the costs and also give that expanded use. I think that not being a part of this whole thing, I think it is a fantastic start, I don't think any other municipality out here has one of these where they allow accessory apartments in accessory structures and I think this is a great start and if some of these amendments need to be adopted later on, then we certainly can do it. June 15, 2010 Page 89 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Anybody want to comment on this? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell PH 6/15/10 ~ 7:40 PM Scavenger Waste Decommissioning COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold, in the County of Suffolk, State of New York, will meet at the Town Hall, 53095 Main Road, Southold, New York, on Tuesday, June 15, 2010, at 7:40 P.M. (Prevailing Time), for the purpose of conducting a public hearing in relation to the improvement of facilities of the Southold Wastewater Disposal District, consisting of the removal of all existing buildings, equipment, fencing, pavement, walkways, piping and other site features relating to the existing Scavenger Waste Facility located on land leased from the Village of Greenport, in connection with the decommissioning of said Scavenger Waste Facility, at an estimated maximum cost of $700,000. At said public hearing, the Town Board will hear all persons interested in said subject matter thereof. The Town Clerk's file contains the required affidavits showing that the notice of said public heating has been duly published and posted pursuant to Article 12 of the town law. The heating on this matter is now open. If there are any interested persons present who would like to be heard on the Town Board's appropriation of $700,000 to decommission the scavenger waste facility in Greenport and the issuance of serial bonds of the town to finance said appropriation, please come forward now. SUPERVISOR RUSSELL: This is something that, you know, the last thing this town needs is more debt service but we have no choice. This is an obligation, when the scavenger waste treatment facility was built on Village property by the Town some years ago, this is an obligation that was entered into by our predecessors and this is an obligation that we have to honor and that would be the decommissioning and the removal of the scavenger waste treatment facility from the propcnty known as Moore's Woods. Would anybody like to comment? JUSTICE EVANS: This is done though, through the Town budget not to the rate payers of scavenger waste? Is that correct? SUPERVISOR RUSSELL: This is a general allocation, yes. I believe this would be, have to extend it in the scavenger waste facility line. We have a tax line, scavenger waste. That would be a special district. JUSTICE EVANS: So it is paid for through the special district? SUPERVISOR RUSSELL: It is a levy on, yes, you are going to budget it in the scavenger waste treatment line that you will see on the tax bill but it is going to be levied against all residents but for the Village residents and Fishers Island. June 15, 2010 Page 90 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: This is one case where I hate to leave out Fishers Island. SUPERVISOR RUSSELL: Yes, I know. Can I get a motion to close this? RESULT: CLOSED [UNANIMOUS! MOVER: William Ruland, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Closing Statements SUPERVISOR RUSSELL: That concludes the official agenda items, who would like to come up and address the Town Board on any issue of mutual interest? BENJA SCHWARTZ: Good evening. Did you hear about the Shinnecock's today? SUPERVISOR RUSSELL: Yes, federal recognition was awarded. MR. SCHWARTZ: We are going to have a casino. sUPERVISOR RUSSELL: Well, they have a couple of sites in mind but I don't know, they have got a long way to go before .... MR. SCHWARTZ: It won't be downtown Southold. A couple of things on the agenda this moming, I missed the third discussion on the item on the agenda weblink/laserfiche, intemet connection. SUPERVISOR RUSSELL: Yes. The, look as a practical reality, everybody here recognizes Betty Neville, the Town Clerk, is probably the state standard for access to the public for information. I think Bob Freeman will give you Betty as the example of what to do right with everything she tries to make available through laserfiche. We just had one concern that had been brought to us some time ago, about the availability of building plans, internal building plans of homes. With such free and easy access from the internet, we are trying to resolve those issues now. We made a decision to restore weblink to laserfiche but exclude building permits, planning board applications and zoning board of appeals applications. If and when any of those files are absent, building plans of private residential homes, we will add those to the weblink for the availability. It is just a concern about the personal safety and the privacy that some people have raised. MR. SCHWARTZ: I am very glad to hear that, thank you for the update. There were other problems when the weblink was active, for the short time that it was active including the difficulty of accessing large files over the internet connection and some of those difficulties could be resolved by reformatting the files to larger size but I am sure it will be worked out. You were also discussing this morning about some inter-municipal fund, Peconic .... SUPERVISOR RUSSELL: The East End economic institute. MR. SCHWARTZ: And a possible purchase of a mobile venison unit and I was very interested June 15, 2010 Page 91 Southold Town Board Meeting Minutes but I wasn't able to ask questions this moming. What is a mobile venison unit? SUPERVISOR RUSSELL: It would be a remote unit that would be used to butcher venison and distribute venison to Feed New York and other programs. The idea is during the, we have to be more assertive and aggressive in deer management and the hunters have come in and told us that they don't want to see waste. The idea is to address that by turning deer meat into a commodity that we can supply to groups that feed the hungry and the needy. Certainly a healthy, and a venison unit would provide a place to butcher the carcasses. MR. SCHWARTZ: Thank you. I guess the discussion of the exterior lighting legislation has been under consideration for a couple years here, was referred back to code committee and postponed. A couple of comments, the reference to that legislation is dark skies legislation? COUNCILMAN KRUPSKI: Yes. MR. SCHWARTZ: I know that some of the organizations that are promoting it call themselves dark sky this or that but I just, to me it has got a kind of sinister, negative ring to it. COUNCILMAN KRUPSKI: Well, you should come to the energy committee meetings. You will see why. SUPERVISOR RUSSELL: That was tabled because the energy committee made a lot of good recommendations when they read the draft and we need to include that in our next code committee discussion. COUNCILMAN KRUPSKI: We reviewed the two drafts, the one from 2008 and the current one and then there was realization that the Planning Board which is currently implementing most of these regulations now, although .... MR. SCHWARTZ: That is my problem, Al, it is not being implemented now and my understanding is that the legislation will grandfather existing buildings. I have building a couple of doors down the street from me that was just built and it was just installed lighting on .the, about four feet from the street, four lights with bright bulbs and clear cases that are blinding as you walk by, if you are not already blinded because as you as you are walking down the street to get there, just past the stop sign, there is a house that has been forever that has a spot light that shines right into the street and you know, the police have told me that there is nothing they can do. I disagree with that. I think it is a public health and safety hazard, I think it could cause accidents and I don't see why I can't walk around the block. I have been doing it for almost 50 years now and it used to be a nice walk but now I have to, we are not supposed to wear sunglasses at night. I mean, come on, you know. - COUNCILMAN KRUPSKI: We are going to have a draft soon, actually the chairman of the energy committee met with the head of the Planning Department this afternoon to resolve, not differences, to resolve the different components that they both had different concerns. We should have a draft for the public heating very shortly and then you can review that and come to June 15, 2010 Page 92 Southold Town Board Meeting Minutes the heating and make your comments. It will be .... MR. SCHWARTZ: But it has been around a long time. SUPERVISOR RUSSELL: I am wondering if the current code is just, because we do have a lighting code throughout, scattered throughout the code, references to lighting requirements and so I am wondering if the current code that is there, I thought that there was a component against light trespass onto neighboring properties. But we can certainly talk to Damon Rallis about that. MR. SCHWARTZ: This is light trespass onto the public right of way. And the one house that was just built, the brand new house, is built by someone who lives a couple of miles away on the other side of town and he is just building this, it is like his hobby, building this house but to give you an idea of how much he cares about our commtmity, he built this house out to the maximum that this lot would legally permit. It is so close to the property line you can hardly walk around the house, there is no yard left. The house takes up the entire property and he himself apparently feels he is a little too close to his neighbor. He asked his neighbor if he would consider moving their house into the center of their lot so there would be a little space between the two houses, you know, there was plenty of space between the original cottage and the small cottage. But he has built this monstrosity and you know, we have to live it but I don't think we have to live with lights that blind us every time we try to walk our dogs. COUNCILMAN TALBOT: I agree. I can't stand those lights shining all over the place. I think we have got to find some way to address it on there .... SUPERVISOR RUSSELL: Let's take it one step at a time. This took a lot of negotiation to get where we are at. MR. SCHWARTZ: Alright, well, that is the dark skies legislation. Then we have the other issue, another neighbor, two doors down that is building a pool and a problem remember the floods we had a couple of weeks ago? His property was flooded right where he is planning this pool. You could not walk from his driveway to his house without trespassing on the neighbors property or getting wet. Now he is going to put a pool in the recharge area for the neighborhood. So, you know, he is not going to just have to build a pool to keep the water in the pool, he is going to have to build a pool that keeps the water out and I don't know how it is going to work but he has a very small property, I don't think a pool should be permitted on a property like that and I think you know, it is probably that the swimming pool regulations should be looked at and apparently what he is doing, he originally asked for 7 variances and was denied that, I think he was granted one or two minor variances. But even with the 'minor variances' according to the land use regulations, what he is proposed and what he got a permit to build, I believe is going to significantly shade his neighbors property. There is no law against that. COUNCILMAN KRUPSKI: Well, the drainage code should address the drainage issue. He shouldn't be able to shed water out onto the public right of way or his neighbor's property. SUPERVISOR RUSSELL: And he would have to... June 15, 2010 Page 93 Southold Town Board Meeting Minutes MR. SCHWARTZ: He has been pumping water out of his commercial property on the Main Road for the last two months, three months. SUPERVISOR RUSSELL: Unique circumstances, with the height of the water table. MR. SCHWARTZ: That property was originally an old stream bed and it was filled in until he dug out the fill and put a 10 foot deep basement there, which is now a swimming pool but he doesn't want to go swimming in it. Anyway, moving on to the next topic is sunlight easements and especially with solar power and the importance of gardening and keeping a rural atmosphere in town. People should have the right to garden on their property. Well, they can't do that if someone has a wall on the north side of the property, it shades all the sunlight entering a quarter acre lot or whatever they have. And I know people who have moved here to Southold because they think it is a nice sunny town, Cutchogue, sunniest town in New York state and then all of a sudden, their neighbors put up this wall and guess what? They don't have any sun anymore. There is no provision in the Southold Town code that takes that into consideration. I would like to suggest that you consider enacting a modification of the setbacks and the buffer zones on property tow recognize the fact that, you know, the sun rises in the east and sets in the west .... COUNCILMAN TALBOT: You are talking about something like a pyramid law. MR. SCHWARTZ: That is part of it but a pyramid law usually is not, doesn't refer to the orientation .... COUNCILMAN TALBOT: You can't build in that pyramid. MR. SCHWARTZ: That would help, certainly, but that would be a kind of, you know, we have now, we have setbacks but they apply equally on all sides except if you have a situation like myself where you are on a corner and then you don't have a backyard. You know, we don't have a rear yard, we have two front yards. Lucky us. The noise ordinance, anyway the, the other thing, the noise ordinance. We hear a lot about the helicopters these days and I was talking about them before anybody and they said I was from another planet but I think that now they understand that noise can be not just unpleasant but it can be hazardous to our health and our, I mean, I am going to make it short but a quick story. The other day I was going crazy because my neighbor who has a house that is about 100 feet long was blowing every leaf and every little bit of dust from the side of his property for about 3 hours in the morning and I getting ready to just leave town or whatever you know, just to sleep. Finally the noise stopped, then he comes over and he complains to me about the noise that my guinea hens are making. I only have six guinea hens. I mean, if all six of them are screaming, it is not that loud and they don't usually scream because I take pretty good care of them. But the noise from leaf blowers, you know, we have a, and I know you decided not to do anything about this but it is a problem. We have a landscaper that frequently works with two or three of those back pack leaf blowers and all of the workers are wearing headphones. What am I supposed to do? When I am out there in the garden in the morning? Wear headphones? You know, I am trying to enjoy my property. I don't think it is right. June 15, 2010 Page 94 Southold Town Board Meeting Minutes COUNCILMAN TALBOT: You know, they have some new leaf blowers that they are almost half the decibels? MR. SCHWARTZ: Well, that is what happened when people complained and when people in power supported those complaints about the jet skis that were too noisy, the manufacturers redesigned them and they made them quieter. I don't see why they can't do that with the leaf blowers. COUNCILMAN TALBOT: They are out there. MR. SCHWARTZ: They also need to figure out a way to direct the power and I don't know, leaf blowers are also a problem because of the air pollution they cause and the dust trespass. But you know, I have a leaf blower, it is a leaf blower/leaf vacuum and I tried to use it as a vacuum most of the time, occasionally I do use it as a leaf blower but I am very conscious and very careful. I used it the other day when it was like, it looked like it was going to rain all day and it was spitting rain all day you know, so I blew the leaves but it didn't create a big cloud of dust in the air because of the humidity and the wind, I was conscious of the wind but when people are not, I am telling you, Southold Town, there is no reason that we have to accept the deterioration of our quality of living in Southold Town and people are moving out here because they like it the way it is and they are ruining it, they are spoiling it. Unfortunately, I can't do anything by myself. I need your support and I need the support of other people in town to take a stand to do something to .... COUNCILMAN TALBOT: You know, to me on that the biggest thing with some of the residents that aren't doing the same things that used to be done around here, it's just not having the common courtesy for your neighbors anymore. That took care of a lot of problems, you know, your kids got on the school bus with their kids and you saw them at the supermarket and it's just, with second homeowners that is not always the case. You know, they don't even know what is going on a lot of the time with lawnmowers and the leaf blowers and everything else that happens because it is staff doing it for them. That could be addressed. MR. SCHWARTZ: I know some people who would just like to shoot all these people but that is not an option for us but you do have the power to do something. COUNCILMAN KRUPSKI: We actually have leaf blowers on the schedule for the next code committee, addressing all the debris that gets blown out into the road, I don't know if you have seen that one. Some crews come out and they blow all the grass clippings, leaves and dirt off driveways right into the town right of way. Not only is it offensive if you are driving and dangerous but now all the debris is on the road and it washes and plugs up our storm drains and it becomes a drainage issue. MR. SCHWARTZ: We have one lady who walks her dog, big dog, around. The dog takes a poop in the road, she just keeps walking. Excuse me, your dog...oh, it is okay, it is in the public right of way. It is in the public right of way. And apparently there is no law in Southold Town... June 15, 2010 Page 95 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Yes, there is. By state and county sanitary code, you must clean up after your dog. By state and county sanitary code. MR. SCHWARTZ: Is that true? SUPERVISOR RUSSELL: Absolutely. MR. SCHWARTZ: Can I get something fi.om you that I could show to the people? Because I think if we had something that we could show these people, that there is a law, maybe they would, you know, I am sorry we have to put it that way, I wish we could just talk to them .... SUPERVISOR RUSSELL: It is very difficult, I agree. MR. SCHWARTZ: And explain to them that it is a, you know, it is a health hazard and a matter of respect for your neighbors. But some of these people won't do that. We need to have laws and enforce them. COUNCILMAN TALBOT: Sounds like you have got to call a meeting together with your association down there, you are president aren't you? Advise them of all the laws. MR. SCHWARTZ: If you want to come and speak, I will set up a meeting. Thank you. SUPERVISOR RUSSELL: Thank you. Anybody else? Let me just comment on something you said before, I have got a dollar in my pocket for any Board member that can tell me who sang Sunglasses at Night in 1985. COUNCILMAN ORLANDO: Corey Hart. SUPERVISOR RUSSELL: I owe him a dollar. Would anybody else like to comment? (No response) Can I get a motion to adjourn? Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 9:20P.M. Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell