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Home My WebLink AboutTB-02/14/2012ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631 ) 765 - 1800 southoldtown.north fork.net OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES February 14, 2012 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, February 14, 2012 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. Call to Order 7:30 Pti tieeting called to order on February 14, 2012 at Meeting Hall, 53095 Route 25, Southold, NY. L Reports 1. Trustees Monthly Report 2. Town Clerk Monthly Report 3. Building Department 4. Land Tracking Report 5. Human Resource Center 6. Program for the Disabled 7. Department of Public Works 8. Planning Board 9. Zoning Inspector 10. Town Clerk 11. Special Projects Coordinator 12. Justice William H. Price Jr. 13. Zoning Board of Appeals II. Public Notices III. Communications Public Hearing 9:00 A.M. - Public Hearing JUSTICE EVANS: I make a motion that we go into the Unsafe Building Hearing for SCTM #1000-101.-1-12. COUNCILMAN RULAND: Second. ASSISTANT TOWN ATTORNEY HULSE: I have one witness for you today on the Unsafe February 14, 2012 Southold Town Board Meeting Minutes Page 2 Building hearing. Please swear in the witness. DEPUTY TOWN CLERK COOPER: Do you solemnly swear that you will tell the truth according to the best of your abilities? DAMON RALLIS, SOUTHOLD TOWN BUILDING INSPECTOR: I do. Damon Rallis, Building Inspector for the Town of Southold. My duty is to (inaudible) complaints, town code violations including unsafe structures, unsafe property and (inaudible). ASSISTANT TOWN ATTORNEY HULSE: Direct your attention to September 27, 2011, were you working on that day? MR. RALLIS: I was. ASSISTANT TOWN ATTORNEY HULSE: Did there come a time that you took a phone call about a specific complaint about a specific address in Cutchogue? MR. RALLIS: I did. ASSISTANT TOWN ATTORNEY HULSE: And was that address 15775 County Route Cutchogue? MR. RALLIS: It was. ASSISTANT TOWN ATTORNEY HULSE: What town is that in? MR. RALLIS: Town of Southold. ASSISTANT TOWN ATTORNEY HULSE: In New York. MR. RALLIS: Yes. ASSISTANT TOWN ATTORNEY HULSE: After receiving this complaint, was there a time that you went to this location to inspect? MR. RALLIS: I did. ASSISTANT TOWN ATTORNEY HULSE: Can you tell the Board what you observed? MR. RALLIS: I went to the property at 15775 County Route 48 and I observed three dilapidated buildings. The main structure, two accessory structures and a property that was in disrepair. There was a lot of junk in the yard, different kind of debris from cars, tires and also two of the structures had about half fallen down. ASSISTANT TOWN ATTORNEY HULSE: Now after you made the observations, did there February 14, 2012 Page 3 Southold Town Board Meeting Minutes come a time when you returned to your office and what if anything did you do when you returned? MR. RALLIS: On November 3,2011 I issued a notice of violation and order to remedy. ASSISTANT TOWN ATTORNEY HULSE: And before doing that, did you check anything? MR. RALLIS: I pulled the records and files of the property, the records that w~re in Southold Town. ASSISTANT TOWN ATTORNEY HULSE: And were you able to determine the owner of the property that you made those observations at? MR. RALLIS: I was. ASSISTANT TOWN ATTORNEY HULSE: And who was the owner? MR. RALLIS: John Jacobs. ASSISTANT TOWN ATTORNEY HULSE: Now you have testifying that you prepared a notice of violation/order to remedy? MR. RALLIS: Correct. ASSISTANT TOWN ATTORNEY HULSE: And can you tell the Town Board specifically what time frame you gave Mr. Jacobs in terms of any possible remediation? MR. RALLIS: In the order to remedy I gave the property owner 30 days to secure or remove the building and clean up the property. ASSISTANT TOWN ATTORNEY HULSE: And then what did you do with that notice of violation/order to remedy? MR. RALLIS: I sent it certified mail to Mr. Jacobs. ASSISTANT TOWN ATTORNEY HULSE: What address did you send it to? MR. RALLIS: 100-16 203rd Street Hollis, New York 11423. ASSISTANT TOWN ATTORNEY HULSE: Where did you determine that to be his address from? MR. RALLIS: From the records that are filed in the Town of Southold. ASSISTANT TOWN ATTORNEY HULSE: Did you receive the certification back that it had February 14, 2012 Southold Town Board Meeting Minutes Page 4 been sent to Mr. Jacobs? MR. RALLIS: I did. ASSISTANT TOWN ATTORNEY HULSE: Can I have this notice of violation/remedy be marked People's 1. Can you identify that, Mr. Rallis? MR. RALLIS: That is the notice of violation/order to remedy that was sent to Mr. Jacobs. ASSISTANT TOWN ATTORNEY HULSE: How many pages is it? MR. RALLIS: Five pages. ASSISTANT TOWN ATTORNEY HULSE: Okay, and I am going to have this green card marked People 2. Can you identify this? MR. RALLIS: This is the return receipt from the post office. ASSISTANT TOWN ATTORNEY HULSE: And does it appear to have a signature? MR. RALLIS: It does. ASSISTANT TOWN ATTORNEY HULSE: And does the signature appear to be the name John Jacobs? MR. RALLIS: It does. ASSISTANT TOWN ATTORNEY HULSE: What happened after 30 days passed? MR. RALLIS: Once 30 days passed, I went back to the property to see if any action had been taken and I deemed that nothing had been done on the property. ASSISTANT TOWN ATTORNEY HULSE: Okay. On December 14, 2011 did you have the opportunity to go back out to the property and 15775 County Route 48? MR. RALLIS: I did. ASSISTANT TOWN ATTORNEY HULSE: And what if anything did you observe? MR. RALLIS: I observed that nothing had changed on the property. ASSISTANT TOWN ATTORNEY HULSE: And on December 15, 2011 did you take any additional action on that day? MR. RALLIS: I began an unsafe building action. I posted the property and started the February 14, 2012 Southold Town Board Meeting Minutes Page 5 paperwork for an unsafe structure. ASSISTANT TOWN ATTORNEY HULSE: And could you tell the Town Board on approximately December 16, 2011 what was involved when you returned to the property? MR. RALLIS: I posted the property. ASSISTANT TOWN ATTORNEY HULSE: And where did you do that? MR. RALLIS: I did it on the tree which is right out in the front of the property on Route 48, I also posted the notice on the main structure, on the side of the building, it would have been the east side of the building because I had no access to the front of the building. ASSISTANT TOWN ATTORNEY HULSE: Did you have the opportunity to take photos on that day? MR. RALLIS: I did. ASSISTANT TOWN ATTORNEY HULSE: These two photos that you are holding in front of you, marked People's 3, can you identify those please? MR. RALLIS: That is the tree where I posted the notice, you can see the notice on the tree and the side of the house with the notice. ASSISTANT TOWN ATTORNEY HULSE: And that fairly and accurately represents the way it looked on December 16, 2011 when you were out there and made the observation? MR. RALLIS: Correct. ASSISTANT TOWN ATTORNEY HULSE: Okay. On December 19, 2011 did you take any official action on that day? MR. RALLIS: Yes. ASSISTANT TOWN ATTORNEY HULSE: What did you do? MR. RALLIS: I sent out the official unsafe building notice, pursuant to Chapter 100 of the Southold Town code. ASSISTANT TOWN ATTORNEY HULSE: Is that what you are holding before you? MR. RALLIS: Yes. ASSISTANT TOWN ATTORNEY HULSE: Mark that People's 4. How many pages is that? February 14, 2012 Southold Town Board Meeting Minutes Page 6 MR. RALLIS: Two. ASSISTANT TOWN ATTORNEY HULSE: And you sent that where? MR. RALLIS: I sent that to John Jacobs, 100-16 203rd Street Hollis New York 11423. ASSISTANT T OWN ATTORNEY HULSE: And was that by certified mail? MR. RALLIS: Yes, it was. ASSISTANT TOWN ATTORNEY HULSE: Did you get a return receipt? MR. RALLIS: I did. ASSISTANT TOWN ATTORNEY HULSE: And you have that before you? MR. RALLIS: I do. ASSISTANT TOWN ATTORNEY HULSE: Do you identify that as the return receipt? MR. RALLIS: Yes. ASSISTANT TOWN ATTORNEY HULSE: And does it have what appears to be the signature of anyone on that receipt? MR. RALLIS: Yes. ASSISTANT TOWN ATTORNEY HULSE: complaint in September until the present Did you at any time with the exception of the time today, February 14, 2012, receive any communication from the owner purported to be John Jacobs? MR. RALLIS: No. ASSISTANT TOWN ATTORNEY HULSE: Did you receive any communications from anyone purporting to represent John Jacobs? MR. RALLIS: No. ASSISTANT TOWN ATTORNEY HULSE: I am going to ask that you look at what is going to be deemed marked People's 6 and that is 10 photographs. Do you recognize those photographs? MR. RALLIS: I do. ASSISTANT TOWN ATTORNEY HULSE: And what are those photographs from? February 14, 2012 Page 7 Southold Town Board Meeting Minutes MR. RALLIS: The property in question. ASSISTANT TOWN ATTORNEY HULSE: Do those fairly and accurately represent the way the property looked when you went out there and made the observations that you testified to. MR. RALLIS: Yes. ASSISTANT TOWN ATTORNEY HULSE: Okay. Can you go through them one at a time and explain what you see in those. MR. RALLIS: Sure. The first photo is accessory building 1 and I labeled it, which is on the left side of the single family dwelling structure. It shows an accessory shed that has fallen down and parts of the building are actually on the neighbors property. To the west. And you will notice that approximately half of the building is gone, the chimney had fallen down onto the neighboring property just missing the neighbor's car. The second photo is another photo that shows the accessory building on the left as well as the west side of the house itself. There's a portion of the accessory building that is still standing, it is almost a lean-to portion. The third photo is accessory building two, this is in the back of the property, the west comer of the property. It appears to be, once a second dwelling, a cottage type of building. You will notice that half of the building is gone, has fallen down. The fourth photo is a shot where you can see the back of the main dwelling as well as that accessory building immediately to the left. This gives you a sense of all the debris on the property as well. Looks like there is an abandoned oil tank, portions of a fence that has fallen down when the accessory building fell as well pieces of the accessory building on the neighboring property. Photo five is a similar shot (inaudible) pieces of the west side accessory building, a portion of the chimney that fell down on the neighbors property. Photo six, there is the chimney, collapsing part of the shed over here. This photo is of the main building itself. Most of the single family dwelling structure, although in disrepair, appears to be safe. I could only find one opening into the building and that's right there at the foundation of the building. COUNCILMAN KRUPSKI: On the east side. MR. RALLIS: This is actually on the east side. That is correct. This is a shot of that building in the far comer of the property and all of the junk that is on the property itself. That is actually a car body right there. It looks like it has been there for a very long time. There is a lot of trash on the property. Again, more pieces of wood, that might have even been a structure at one point, a very small structure, that completely fell to the ground. This shot of the back door of the house, that accessory building that is on the west side of the house, there is almost nothing left of it. Everything has fallen down, there is brush everywhere, you see a tire and there is other junk strewn about. That is the neighboring house, you can see how close in proximity they are. (Inaudible). Again, I don't see this building as being unsafe, you can see that the porch has fallen down, this building looks as if it needs to be secured but not necessarily demolished. ASSISTANT TOWN ATTORNEY HULSE: Based on your observations, what if any recommendations do you make to the Town Board in respect to each of the structures on the February 14, 2012 Southold Town Board Meeting Minutes Page 8 property in general? MR. RALLIS: I recommend that the two accessory structures be demolished and removed, the property be cleaned up, all the debris removed from the property and that main structure at the very least be boarded up and secured. ASSISTANT TOWN ATTORNEY HULSE: Are there any questions? COUNCILMAN KRUPSKI: There was absolutely no contact made from the owner? JUSTICE EVANS: He signed the return receipt. COUNCILMAN KRUPSKI: Beyond that. MR. RALLIS: The owner did not contact us. COUNCILMAN RULAND: In every case, is it your observation that the structures fell rather than were taken down? MR. RALLIS: Yes. The call came in immediately after a storm, although the neighbor had told me that the structures had been in disrepair for a very long time and that building had been like that for years. It was the storm that caused that chimney to fall and that side to break off. COUNCILMAN TALBOT: Are there any CO's on the property? MR. RALLIS: There are not. COUNCILMAN TALBOT: If somebody came in or the owner came back and wanted to rehab the property, could they take that accessory building in the back, number two, and rehab it back into a dwelling? MR. RALLIS: To my knowledge, absolutely not. COUNCILMAN TALBOT: Could it be considered a pre-existing, non-conforming use in there? Being as the residence has a chimney coming out of the roof?. MR. RALLIS: I believe in the past, the building department would look at that and if it were, if they were able to get a pre CO for it and prove its existence prior to 1957, they could but they would never be able to get a pre CO with a building in that condition. COUNCILMAN TALBOT: They couldn't come in and file for a permit and reconstruct it? MR. RALLIS: I don't believe (inaudible). COUNCILMAN KRUPSKI: How deep is that property? Page 9 February 14, 2012 Southold Town Board Meeting Minutes MR. RALLIS: I don't know. It goes back pretty far. The neighboring property, there is a house and you know, there is a church as you go left. The church property comes around the back of the house and the parking lot is there. This property goes well into that parking lot. COUNCILMAN KRUPSKI: I didn't go in the back. I just looked from the road. JUSTICE EVANS: I make a motion we close the hearing. IV. Discussion 1. 9:30 A.M. - Laura Klahre 2. 10:00 A.M. - James Hannah 3. 10:30 A.M. - Jeff Standish 4. Follow Up: National Grid "Keyspan" Meeting on February 7, 2012 5. Unlicensed Contractors Using Town Landfill 6. Committee Appointments/Re-Appointments 7. LL/Amendments to Chapter ll7/Sanitary Flow Credits 8. Revisions to Chapter 111 9. LI/Ms4 10. LL/Site Plan Amendments 11. LL/PropertyMaintenance Law 12. Executive Session - Melissa Spiro 13. Executive Session Opening Comments SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. I am going to go a little bit out of order tonight, I know that there are a lot of contractors here as a result of the discussion the Town Board had today. Basically the essence of the discussion was should the town landfill, the town transfer station require anybody that holds a commercial permit to show that they have a commercial license with Suffolk County. The Town Board decided to investigate the issue a little bit more, gather some information with regard to the County's licensing procedure etc. and then we are going to defer the discussion again for two weeks from tonight. But I know many of you came to speak on this issue tonight and I don't want to make you sit through a whole meeting to be heard, so I am going to invite anybody that wants to speak on that issue to please feel free to come up and address the Town Board. We are certainly interested in what you have to say on this matter. I will say I just want to ask you if you do speak, just use the microphone and state your name for the record. MARK SCHILL: My name is Mark Schill, I have a landscaping business here. It is kind of beginning to be unfair out here for us because there is so much competition out here and you have been on jobs, you know, if I bid $100 on a job, a guy comes in with no license, no insurance and they are bidding on these jobs and they are beating us out. We live here, all of these guys. We run our businesses in this town, why should these guys, illegal businesses, use our town facilities? It is not right. I was just handed this piece of paper, this is from Riverhead, this is what Riverhead does. They ask for your license, your current insurance and consumer February 14, 2012 Southold Town Board Meeting Minutes Page 10 affairs license. It is pretty simple to do. SUPERVISOR RUSSELL: Linda Cooper had just mentioned to us today that one of the ways that we can enact this would be to simply require it when someone comes into apply for a commercial landfill permit each January. MR. SCHILL: It is pretty simple to do and that would be a great first step to help this problem. COUNCILMAN TALBOT: Just that we had discussed a little bit regarding is there a better rate, you guys are getting a better rate as a commercial entity as opposed to just a homeowner dropping material? So is it beneficial for these guys to have this commercial license? Not a home improvement license but the commercial permit? MR. SCHILL: No, we don't get a bett~r rate. It is the same rate. COUNCILMAN TALBOT: So they could essentially have a town permit and come and continue to dump. MR. SCHILL: Yeah. It is the same rate, I believe, for home owners and for commercial guys. COUNCILMAN TALBOT: That was one of the things where it might not be the best thing to tie it in at the landfill although that is a good step. We know it is not easy having county consumer affairs come out and do their job of checking licenses. MR. SCHILL: That is very difficult. COUNCILMAN TALBOT: You pay your license and you have to have the insurance to get your license, and the guys that are licensed obviously are insured and the insurance companies will notify Suffolk County if your insurance lapses or if you don't have insurance. MR. SCHILL: Yes. COUNCILMAN TALBOT: So that, at one time Suffolk County had an office, consumer affairs office in Riverhead, the branch. It made it easier tbr guys to get licensed and also for a little more enforcement and there was some discussion on the county level to maybe reopen that office out here. It is kind of a tough thing on our end of it but I wholeheartedly agree with you. SUPERVISOR RUSSELL: Would any of the other contractors like to comment on the issue? Also, Mark, I am going to get a copy of that and then I will make sure the whole Board has a copy of that Riverhead one. TOM QUARTY: My name is Tom Quarry, I am a builder out here, I have been doing this for 35 years and I run into a lot of situations out here too, where contractors are coming in without licenses, insurance, workmen's comp or anything like that. and they are taking these jobs and they are doing them for a lot less than we can do them. I mean, if I drop all my insurance of February 14, 2012 Southold Town Board Meeting Minutes Page 11 course I can compete with them. I do a lot of work on the south side, too, where Southampton town, you have to have a Southampton town permit, you have to have your Suffolk County permit, you have to have your liability, your workmen's comp everything has to be in place whether you are a contractor applying for the permit or you are a homeowner applying for the permit. Somebody's name has to be on there and the insurances. So if the town could put something like that together, it would take care of some of the riff raff that is out there and you know, doing these jobs and working for nothing. SUPERVISOR RUSSELL: On the issuance of building permits, I thought the building department had already required that all that information be fumished to them before they would even write the building permit. I thought that was on the application but we can certainly look into that as well. MR. QUARTY: Okay, thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on the issue? (No response) What we will do is we will get to the regular meeting and then we will open up the floor to anybody that wants to speak after the regular agenda is complete. Oh, I am sorry, would anybody like to speak on any of the agenda items? (No response) V. Resolutions 2012-147 cA TE GOR Y: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated February 14, 2012. Vote Record - Resolution RES-2012~147 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Vottn' [] [] [] [] [] Withdrawn Christophex Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [3 [] [] Tax Receiver's Appt Albeit Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] 13 [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-148 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting 2/28/12 4:30 Pm February 14, 2012 Southold Town Board Meeting Minutes Page 12 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held~ Tuesday~ February 2& 2012 at the Southold Town Hall, Southold, New York at 4:30 P. M.. Vote ReCord - ReSOlution RES-20t2q48 [] Adopted [] Adopted as Amended [] Defeated Yes/AYe No/NaY Abstain Absent [] Tabled William Ruland Voter [~ [] [] [] Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter ~ ; [] [] [] [] Supervisor's Appt Jill Doherty [] Tax Receiver's Appt Albert Krupski Jr. Voter ~ [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] O Supt Hgwys Appt [] No Action 2012-122 Tabled 1/31/2012 4.'30 PM CATEGORY: Bid Acceptance DEPARTMENT: Public Works DPW Truck RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Mullen Motors Inc. to supply the Town of Southold Department of Public Works with a 2012 2500 Series Dodge Ram 4X4 in the amount of $29,395, all in accordance with the approval of the Town Attorney. Vote Record - Resolution RES-2012-122 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Initiator [] [] [] [] [] Tax Receiver's Appt A!bert Kmpsk! Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Initiator [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-149 CA TEGOR Y: DEPARTMENT: Attend Seminar Public Works LIPA Energy Efficiency Conf - DPW Fiscal Impact: Jeff Standish and Tim Abrams to attend a LIPA Energy Efficiency Conference at Hilton Long Island/Huntington, Melville, NY. Travel and fee ($25 each) a charge to the DPW budget February 14, 2012 Southold Town Board Meeting Minutes Page 13 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Jeff Standish and Tim Abrams to attend a seminar on Energy Efficiency, presented by LIPA, at the Hilton Long Island, in Melville, on February 14, 2012. All expenses for registration, travel to be a legal charge to the 2012 Department of Public Works budget. Vote Record-Resolution RES-2012-149 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No,Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Christopher Ta!bot Voter ~ [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt A!be~ Kmpski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 149 COUNCILMAN TALBOT: I vote no on this. This is the same discussion we had a couple of weeks ago where these guys should get this stuff in prior to going to the event. COUNCILMAN KRUPSKI: I was just going to say that as liaison to the Alternative Energy Committee, these two town employees have been really engaged in the last six months in trying to do energy efficiency in town and going building from building, basic things. Lighting, heating, insulation, doors, windows and we are coming up also with an energy use policy for town employees and things like that will save the town, in the long run, a lot of money. There is money that is just being wasted and every municipality has gone through this, every business now is going through this, trying to save money that they are spending that they really shouldn't be spending. So it is good to have these people trained, the people that are doing the work and doing these improvements. 2012-150 CA TE GO R Y: DEPARTMENT: Budget Modification Building Department Budget Modification Fiscal Impact: To allocate additional.funds.for overtime earnings and part time regular earnings. RESOLVED that the Town Board of the Town of Southold hereby modifies the Building Department's 2011 budget in General Fund Part Town as follows: From: B.1990.4.100.100 B.3620.1.100.100 B.3620.4.100.100 B.3620.4.100.150 Unallocated Contingencies $1,483 Regular Earnings 344 Office Supplies 192 Preprinted Forms 997 February 14, 2012 Southold Town Board Meeting Minutes Page 14 B.3620.4.200.100 B.3620.4.400.600 B.3620.4.600.200 B.3620.4.600.300 B.3620.4.600.600 To~ B.3620.1.200.100 B.3620.1.100.200 Cellular Telephone 112 Equipment Maintenance 100 Meetings and Seminars 840 Travel 352 Dues and Subscriptions 120 Total $4,540 Part Time Regular Earnings $4,077 Full Time Overtime Earnings 463 Total $4,540 Vote Record -Resolution RES-2012-150 [] Adopted [] Adopted as Atnended [] Defeated Yes/Aye No/NaY Abstain Absent [] Tabled William Ruland Seconder F~ [] [] [] [] Withdrawn Christopher Talbot Voter [] [3 [] [] [] Supervisor's Appt Jill Doherty Voter [] [] : [] [] [] Tax Receiver's Appt Albert Kmpski Jr. initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] : [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] El [] Supt Hgwys Appt [] No Action 2012-151 CATEGORY: DEPARTMENT: Bid Acceptance Police Dept Accept Bid for Surplus Vehicle and Disposal of Surplus Equipment for the Police Department RESOLVED that the Town Board of the Town of Southold hereby accepts the bid for the 2006 Chevr Tahoe~ VIN# 1GNEKI 3Z96R115353 from the highest bidder, Steve Wolbert in the amount of $1278.53 Be it further RESOLVED that whereas no bids were received for the 1988 Cross Country Flat Bed Trailer, VIN# 1 C9FS0811J 1431115, the Town Board of the Town of Southold hereby declares it to be unusable surplus equipment and should be disposed of. Vote Record - ResoLution RES-2012-151 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain ~bs~nt [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] F1 [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [3 [] [] [] Supt Hgwys Appt [] No Action 2012-152 February 14, 2012 Southold Town Board Meeting Minutes Page 15 CA TEGOR Y: DEPARTMENT: Advertise Police Dept Advertise for Seasonal Police Officers for the 2013 Season RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for {2) weeks for Seasonal Police Officers for the 2013 summer season. Attendance at the Suffolk County Police Academy for training to commence in the fall of 2012. Applications must be received by Friday, March 16, 2012. ,t' V0te Record; Resolution RES~2012-152 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot initiator [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [3 [] [] Tax Receiver's Appt Albert Krap~ki Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [3 [] Town Clerk's Appt Scott Russell Voter V~ 13 [3 [] [] Supt Hgwys Appt [] No Action 2012-184 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoint Mark Tweedie Program Aide 1 RESOLVED that the Town Board of the Town of Southold hereby appoints Mark Tweedie to the position of a Program Aide I for the Landmark Preservation Commission effective March 1, 2012 through June 1, 2012 at a rate of $12.98 per hour. Vote Record - Resolution RES-2012-184 [] Adopted [] Adopted as Amended [] Defeated ~Ay~ N~ay ~bs!aill ~bSell~ [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [3 [3 [] [] Supervisor's Appt Jill Doherty Initiator [] [] [] [] [] Tax Receiver's Appt [] Rescinded Albert Krupski Jr. Voter [] [] [] [] [] Town Clerk's Appt Louisa P. Evans Voter [] [] [] [] [] Supt Hgwys Appt Scott Russell V~ter [] [] [] [] [] No Action Next: Feb 28, 2012 4:30 PM 2012-154 CATEGORY: DEPARTMENT: Employment - Town Accounting Acknowledges Retirement of Sheila Klos Page 16 February 14, 2012 Southold Town Board Meeting Minutes WHEREAS, the Town of Southold has received email notification on February 2, 2012 from the NYS Retirement System concerning the retirement of Sheila M. Klos effective April 25, 2012, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the retirement of Sheila M. Klos from the position of a Public Safety Dispatcher I for the Police Department effective April 25, 2012. ~' V0ie ReCOrd, Resolution RE8-2012-154 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Ab?em [3 Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] D [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-155 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Acknowledges Retirement Ruthanne Woodhull WHEREAS, the Town of Southold has received email notification on February 2, 2012 from the NYS Retirement System concerning the retirement of Ruthanne Woodhull effective March 1, 2012, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the retirement of Ruthanne Woodhnll from the position of a Senior Stenographer for the Supervisor's Office effective March 1,2012. vote ReCord - Resolulion RES-2012~155 [] Adopted E] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [3 [] [] Withdrawn chrisi0pber Talbot Voter [] [] V1 [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 155 COUNCILMAN RULAND: Could I say something before we do, Scott? Could we go back to number 155 and if the mover and second will be willing to add 'with thanks' at the end? February 14, 2012 Southold Town Board Meeting Minutes Page 17 JUSTICE EVANS: I think 'with regret'. SUPERVISOR RUSSELL: Yes. COUNCILMAN KRUPSKI: Yes. JUSTICE EVANS: Very much so. COUNCILMAN KRUPSKI: I will be happy to read that again. Resolution 155, 'Whereas the Town of Southold has received email notification on February 22, 2012 fi.om the New York State Retirement System concerning the retirement of Ruthanne Woodhull effective March 1, 2012, now be it resolved that the Town Board of the Town of Southold with regret hereby acknowledges the retirement of Ruthanne Woodhull ti'om the position of Senior Stenographer for the Supervisor's office effective March 1, 2012 and thanks her for many years of really wonderful, professional and excellent service to the Town.' JUSTICE EVANS: Second. SUPERVISOR RUSSELL: All in favor? All ayes. 2012-156 CATEGORY: Landfill Misc. DEPARTMENT: Solid Waste Management District Tip Fee Refund RESOLVED that the Town Board of the Town of Southold hereby authorizes refunds of overpayments on Solid Waste District tip fee accounts as follows: · $295.02 to the account of Eastern Long Island Hospital; · $323.80 to the account of the New York State Department of Environmental Conservation Vote RecOrd -Resolution RES-2012-156 [] Adopted [] Adopted as A~nended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulm~d Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [3 [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-157 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney February 14, 2012 Southold Town Board Meeting Minutes Page 18 A Execute the Acquisition Agreement Lease or Purchase Between the Town of Southold and Canon Business Solutions, Inc. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Acquisition Agreement Lease or Purchase between the Town of Southold and Canon Business Solutions, Inc., in connection with the lease of one (1) Canon IRADVC-5051 copy machine for use by the Police Department at a monthly cost of $369.00 for a period of forty-eight (48) months from the date of installation, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2012-157 [] Adopted [] Adopted as Amended [] Def~ated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator ~ D [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krapski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-158 CA TEGOR Y: DEPARTMENT: Bid Acceptance Town Clerk Accept Bid Crown Vic RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Gerald Doroski, in the amount of $655.00, for Asset # 2794, 2003 Ford Crown Victoria. Vote Record - ResoLution RES-2012-158 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [3 [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Dohe~ty Initiator [] [] [] [] [] Tax Receiver's Appt Albert Klxlpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [3 [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 158 SUPERVISOR RUSSELL: Just so you know, that is my car and I had quiet time with it today and I said good-bye. 2012-159 CATEGORY: DEPARTMENT: Bid Acceptance Town Clerk February 14, 2012 Southold Town Board Meeting Minutes Page 19 Reject Bid on Jeep or Equal RESOLVED that the Town Board of the Town of Southold hereby rejects any and all bids received for the Jeep Cherokee or equal, and be it further RESOLVED that the Town Clerk is authorized and directed to return all bid deposits. Vote Record - Resolution RES-2012-1S9 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator ~ [] [] [] [] Withdrawn Christopher Talbot Voter ~ [] [] [] [] Supe~Msor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P, Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-160 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Appoint John Crosser Police Officer RESOLVED that the Town Board of the Town of Southold hereby appoints John M. Crosser to the position of Police Officer for the Southold Town Police Department, effective February 16, 2012 at a rate of $39,905.00 per annum. Vote Record - Resolution RES-2012-160 [] Adopted [] Adopted as Amended [] Det~ated Yes/Aye NofNay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Ctu-istopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [3 [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] ~ [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-161 CA TEGOR Y: DEPARTMENT: Attend Seminar Public Works Tu~fSeminar -DPW Fiscal Impact: Jq££Standish to attend the Long Island Caul(/lower Association Tu;f Seminar at the Riverhead Hyatt. February 14, 2012 Southold Town Board Meeting Minutes Page 20 Topics: DEC Updates, Soil PH, Fertilizer, Weed Control, IPM Program, Bio-Pesticide Products, Turf Disease, New Phosphorous Law RESOLVED that the Town Board of the Town of Southold hereby grants permission to Jeff Standish to attend a seminar on Turf Management at the Riverhead Hyatt on February 15, 2012. This is a free seminar, with travel to Riverhead by a DPW vehicle. ~' ¥ote ReCord; Resolution RES-2012-161 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] Iq [] Withdrawn Ciu'istopher Talbot Seconder ~ Fl [2 [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-162 CATEGORY: DEPARTMENT: Budget Modification Accounting Establish Capital Budget for Mini-SUV Fiscal Impact: Establish capital projects in the Capital Fund.for a Ford Escape for the Human Services Department - appropriation short $900, so additional funds coming from HRC WHEREAS the Town Board of the Town of Southold adopted a 2012 Capital Budget which includes a $21,000 appropriation for a mini-SUV, and WHEREAS the Human Resources Department requires a mini-SUV costing $21,900, and WHEREAS the Town's Capital Budgeting process requires a resolution to formally establish a Capital Budget item in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2012 budget as follows: From: A.6772.4.100.500 Vehicle Parts and Supplies $900 To: A.9901.9.000.100 Transfer to Capital Fund $900 and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Proiect in the 2012 Capital Fund: February 14, 2012 Southold Town Board Meeting Minutes Page 21 Capital Project Name: Mini-SUV Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: H.5031.20 Appropriations: H.6772.2.300.100 Interfund Transfers Programs for the Aging Capital Outlay Mini-SUV $21,900 $21,900 Vote Record - Resolution RES-2012-162 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] : [] [] [] [] Supervisor's Appt Jill Doherty Voter El [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Cl~rk's Appt Scott Russell Voter El [] [] F1 [] Supt Hgwys Appt [] No Action 2012-163 cA TEGOR Y: DEPARTMENT: Budget Modification Police Dept Budget Modification - Police Department Fiscal Impact: To fix overexpended budget lines.[kom the 2011 budget. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: From: A.3120.1.100.100 A.3130.1.100.500 To: A.3120.1.100.300 A.3120.1.100.400 A.3130.1.100.200 Police, P.S. Full Time Employees, Regular Earnings $40,243 Bay Constable, P.S. Full Time Employees, Holiday Earnings $421 Total $40,664 Police, P.S. Full Time Employees, Vacation Earnings $12,577 Police, P.S. Full Time Employees, Sick Earnings $27,666 Bay Constable, P.S. February 14, 2012 Southold Town Board Meeting Minutes Page 22 Full Time Employees, Overtime Earnings $421 Total $40,664 ~ ~0te ReCOrd ~ ReSolatfon RES~2012q63 [] Adopted [] Adopted as Amended U Defeated yes/Aye N0fN~y Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdravai Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr, Voter [] [] [] [] [] Rescinded LOuisa Pi Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-164 CA TEGOR Y: DEPARTMENT: Budget Modification Highway Department 2011 Budget Modification - Highway Fiscal Impact: The reason for these budget modifications to the 2011 Highway Fund Part Town budget is' due to the fact that the above line items need to be increased as their respective budget lines, at present, are under- funded. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 Brush & Weeds/Miscellaneous budget in the Highway Fund Part Town as follows: From: DB.5140.4.100.100 Supplies & Materials, Office Supplies $ 213 DB.5140.4.100.125 Supplies & Materials, Miscellaneous Supplies 900 DB.5140.4.100.400 Supplies & Materials, Implements (Small Tools) 400 DB.5140.4.100.900 Supplies & Materials, Landscaping Materials 1,060 DB.5140.4.600.700 Miscellaneous, Licenses 161 Total: $ 2,734 To: DB.5140.4.100.550 Supplies & Materials, Equipment Parts/Supplies $ 900 DB.5140.4.100.600 Supplies & Materials, Uniforms 61 DB.5140.4.400.150 Contracted Services, Rubbish Disposal 1,060 DB.5140.4.400.600 Contracted Services, Office Equipment Maint/Repair 213 DB.5140.4.600.300 Miscellaneous, Travel 500 Total: $ 2,734 February 14, 2012 Page 23 Southold Town Board Meeting Minutes /' Vote Rec0rd - Resolution RES-2012k164 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye NoFNay Absta n Absent [] Tabled William Ruland Initiator I~ [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's AppI Jill Doherty Voter 1~ [] [] ~ [] Tax Receiver's Appt A!bext ~PSki Jr: Seconder E] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-165 CA TE GO R Y: DEPARTMENT: Close/Use Town Roads Town Clerk St. Patrick's Day Parade on Saturday, March 10, 2012 at 2.'00 PM Fiscal Impact: Total Department Cost for Event = $524.86 RESOLVED that the Town Board of the Town of Southold hereby ~rants oermission to The North Fork Chamber of Commerce and the Cutchogue Fire Department to use the following route: staging on Eugene's Road and begin at Cox Lane~ west to Cases Lane~ ending at the Village Green for its 8th Annual St. Patrick's Day parade in Cutchogue~ on Saturday~ March 10t 2012 beginning at 2:00 PM, Provided: 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured 2. Contact Capt. Kruszeski upon receipt of the approval of this resolution to coordinate traffic control. 3. No permanent markings be placed on town, county or state roads or property for the event 4. Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. All fees shall be waived. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. Vote Record - Resolution RES~2012-165 [] Adopted [] Adopted as Amended [] Del~ated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supe~Msor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albett Kmpski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action February 14, 2012 Southold Town Board Meeting Minutes Page 24 2012-166 CATEGORY: DEPARTMENT: Property Acquisition Public Hearing Land Preservation Reso to Set P. IZ Manor Grove O. 7 Acre Acquisition RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ February 28~ 2012~ at 4:32 p.m.~ Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of property from The Nature Conservancy, contract vendee for the properties owned by Manor Grove Corporation. Said property is identified as p/o SCTM #1000-53-1-1.2. The area to be purchased is 0.722 acre. The Town of Southold and County of Suffolk, as joint tenants in common, are under separate contract to pumhase fee title to 28.743 acres of the Manor Grove Corporation properties for open space purposes from The Nature Conservancy (as contract vendee). The additional 0.722 acre area is improved with a framed dwelling and two barns and is known as Lot #1 on a pending Manor Grove Corporation Conservation Subdivision application under review by the Southold Town Planning Board. The ad&ess of the property is 68775 Route 25, in Greenport, New York. The property is located within the LB (Limited Business) zoning district. The proposed acquisition is for the Town to acquire fee title to this 0.722 acre property for open space purposes. The exact area of the purchase is subject to a Town provided survey. The purchase will be funded by the Community Preservation Fund. It is the Town's intent to remove all existing improvements located on the 0.722 acre area. The Town's purchase price for fee title to the 0.722 acre area is $150,000.00. The purchase is subject to a preceding or simultaneous closing on the remainder of the parcel, the 28.743 acre area, by the Town of Southold and the County of Suffolk as joint tenants in common. Should the Town of Southold and the County of Suffolk fail to close and acquire these described interests in real property, the Town of Southold, as Purchaser, shall have no obligation to close on the Premises described herein and shall have the right to immediately terminate an executed Purchase Agreement. The Manor Grove property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space, nature preserve, passive recreational purposes, and fresh and saltwater marsh and wetland protection. Proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails, and limited parking for access purposes. The property is adjacent to, and in the vicinity of, other properties within the Pipes Cove Area which have been preserved for similar purposes, and the use of the property will be in conjunction with uses that may be developed for the overall Pipes Cove Area. The Nature Conservancy wilt be working in partnership with the Town to prepare a Pipes Cove/Arshamomaque Preservation Stewardship and Management Plan for preserved properties within the Pipes Cove area. Page 25 February 14, 2012 Southold Town Board MeetingMinutes The Land Preservation Coordinator has reviewed the acquisition in accordance with Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5. One (1) Sanitary Flow Credit may be available for transfer from the property upon the Town's purchase of the property. The transfer of the Sanitary Flow Credit will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Vote Record - Resolution RES-2012-166 [] Adopted [] Adopted as Amended [] Defeated ~Aye Ng~N~y Abstain Absent [] Tabled wiiiimn Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [3 [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krapski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-167 CA TEGOR Y: DEPARTMENT: Employment - FIFD Accounting Appoint Gordon Murphy Interim Assistant Manager WHEREAS, the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their January 24, 2012 meeting to hire Gordon Murphy as Interim Assistant Manager, Fisher Island Ferry District, effective February 1,2012 at a salary of $60,000.00 per annum and, WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Gordon Murphy to the position of Interim Assistant Manager of the Fishers Island Ferry District effective February 1, 2012 at a salary of $60,000.00 per annum. February 14, 2012 Southold Town Board Meeting Minutes Page 26 ~ ¥~te ReCOrd ~ Resolution RES.2012467 ~1 Adopted [] Adopted as Amended [] Defeated ~s/~y~ No~ay Ab~!n Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [3 Tax Receiver's Appt A!b~ K~PS~! Jr. y~ter 0 ~ 121 [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scolx Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-168 CATEGOR~ DEPARTMENT: Property Usage Land Preservation Silver Eel Preserve Stewardship Management Plan RESOLVED that the Town Board of the Town of Southold hereby adopts the Silver Eel Preserve Stewardship Management Plan for Town-owned open space property located on the westerly side of Reservoir Road on Fishers Island, and further identified on the Suffolk County Tax Map as #1000-9.-8-2.1. ,/,V~ Record a Reaoi~ti0n RES220i2-168 l~l Adopted [] Adopted as Amended [] Defeated yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Cbristppb~r Ta!b0t [3 [] [] Supervisor's Appt Jill Doheny lintiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-169 CATEGORY: DEPARTMENT: Policies Land Preservation Sound View Dunes Park Official Designation RESOLVED that the Town Board of the Town of Southold, hereby approves "Sound View Dunes Park" as being the official designation of the 57+ acre open space parcel owned by the County of Suffolk and Town of Sonthold as tenants-in-common. Said property is located on the northerly side of Sound View Avenue in Peconic, running northerly to Long Island Sound, and is further identified on the Suffblk County Tax Map as #1000-58.-1-1 .I. February 14, 2012 Southold Town Board Meeting Minutes Page 27 ~' Vote Record, Resolution RES-2012.169 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] : [] 121 [] Supervisor's Appt Jill Doherty Voter [] [] [] [] I-I Tax Receiver's Appt Aiben ~Pski ~r; Seconder [] Rescinded Louisa P. Evans Voter gl [] : [] [] [] To~m Clerk's Appt Scott RusselI Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-170 CATEGORY: DEPARTMENT: Organizational Town Clerk Amend Resolution 2012-44 RESOLVED that the Town Board of the Town of Southold hereby amends resolution #2012-44, adopted at the 2012 Organizational meeting to read as follows: RESOLVED that Supervisor Scott A. Russell be and he hereby is designated to represent the Town of Southold at the annual meeting of the Association of Towns of the State of New York, to be held in New York City on February 19, 20, 21, & 22, 2012 and to cast the vote of the Town of Southold pursuant to Section 6 of Article III of the Constitution and By-Laws of the Association of Towns; and be it FURTHER RESOLVED that r~ ..... ;t~ A ll~F T W .... 1~; I~ .......................... t,o,,,, ~,. Town Clerk Elizabeth A. Neville and Councilman Christopher Talbot be and they hereby are designated to act as the alternate delegates, to cast the vote of the Town of Southold at the annual meeting of the Association of Towns in the absence of Supervisor Russell. Vote Record -Resolution RES-2012-170 [] Adopted [] Adopted as Amended [] Det~ated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] O [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [3 [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-171 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Appoint Scott Kessler Automotive Mechanic III February 14, 2012 Southold Town Board Meeting Minutes Page 28 RESOLVED that the Town Board of the Town of Southold hereby appoints Scott A. Kessler to the position of an Automotive Mechanic III for the Department of Public Works, effective February 16, 2012 at a rate of $28.2275 per hour. ~' v0te Re~°rd; ReSOlution RES-2012,17~ [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] : [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 171 COUNCILWOMAN DOHERTY: Can I just ask a question on this? SUPERVISOR RUSSELL: Yes. COUNCILWOMAN DOHERTY: I just haven't discussed this before, is this a promotion? SUPERVISOR RUSSELL: We discussed this during the adoption of the budget, this was actually to make his title consistent with his job duty statement. It is part ofa CSEA agreement. COUNC~L~p~AN DO,ERTl[ Okay: Thank you: 2012-172 CA TE G OR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Agreement Between the Town of Southold and Cornell Cooperative Extension of Suffolk County in Connection with Conducting a Goldsmith Inlet Coliform Enumeration and DNA Source Tracla'ng RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and Cornell Cooperative Extension of Suffolk County in connection with conducting a Goldsmith Inlet Coliform Enumeration and DNA Source Tracking to further support the ongoing efforts by the Town in meeting its water qualit3, goals, at a cost not to exceed $28,000, plus out-of-pocket expenses for mileage, postage, photocopying, etc., subject to the approval of the Town Attorney. February 14, 2012 Southold Town Board Meeting Minutes Page 29 r' Yore Ree0rd. Resolution RES~20!2~172 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator ~ [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert KJupski Jrl Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder {~ [] [] [] [] Town Clerk's Appt Scoit Russe[l Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-173 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney A Execute the Amendment to State Assistance Contract Between the Town of Southold and the New York State Department of Environmental Conservation RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Amendment to State Assistance Contract between the Town of Southold and the New York State Department of Environmental Conservation in connection with a no-cost extension of time extending the term of Contract #C303426 (Hashamomuck Pond Watershed Management Plan) from March 31, 2012 to March 31, 2013, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2012-173 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher lalbot Voter [] [] [] [] [] Supervisor's Appt Jill Dohel~y Initiator [] [] [] [] [] Tax Receiver's Appt Albcr~ Krupski Jr. Voter [] [] [] [3 [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-174 CA TEGOR Y: DEPARTMENT: Public Service Town Attorney Unsqfe Building - Jacobs WHEREAS, the Zoning Inspector of the Town of Southold inspected the property owned by John Jacobs c/o W.W. Jacobs and located at 15775 County Route 48, Cutchogue, also known as SCTM #1000-101-1-12 and prepared a written report of his findings in the form of a Notice dated December 15,201 I; and February 14, 2012 Southold Town Board Meeting Minutes Page 30 WHEREAS, the Notice indicates that the structures on the property are unsafe, dangerous and constitute a hazard to safety; and WHEREAS, said Notice was sent certified mail to the property owner; and WHEREAS, the Notice advised the property owner that the property must be made safe, and if the owner failed to comply, that a hearing would be held before the Southold Town Board on February 14, 2012 at 9:00 a.m.; and WHEREAS, the owner failed to make any remediation to the premises prior to said date; and WHEREAS, the Southold Town Board held a hearing pursuant to Chapter 100 of the Southold Town Code on February 14, 2012 at 9:00 a.m. The Southold Town Board heard testimony from Damon Rallis, Zoning Inspector, and reviewed documentary evidence, including notices sent to the property owner and photographs of the premises. The property owner did not appear and did not respond to any notices or communications from the Zoning Inspector; now, therefore, be it RESOLVED that, pursuant to the provisions of Chapter 100 of the Southold Town Code, the Town Board of the Town of Southold hereby determines that the premises located at 15775 County, Route 48, Cutchogue, is unsafe and dangerous to the public in its current state; and it is further RESOLVED that the two accessory structures be removed, the main structure be secured, and debris, garbage and overgrowth be removed from the property; and it is further RESOLVED that the Town wilt perform such work on the property to make the premises and structures safe, and assess all costs and expenses incurred by the Town in performing such work against the land on which said buildings are located. Vote Record -Resolution RES-2012-174 [] Adopted [] Adopted as Amended Fl Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appl Jill Doherty Seconder [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-175 CATEGOR~ DEPARTMENT: Property Usage Town Attorney Horton's Lane Farm, Southold February 14, 2012 Page 31 Southold Town Board Meeting Minutes WHEREAS, the Town of Southold, New York, is the owner in fee of a 30.8297-acre farm located at 4395 Horton's Lane, Southold, in the Town of Southold, consisting of 28.9932-acres of farmland subject to a Town of Southold Development Rights Easement (SCTM #1000-54-7- 21.7) and a 1.8365-acre reserved area with buildings and improvements thereon (SCTM #1000- 54-7-21.6); and WHEREAS, the Town's holding of the Development Rights Easement achieves the public purpose of farmland preservation and therefore the property is no longer needed for a public purpose; and WHEREAS, on August 30, 2011, the Town Board declared said premises "surplus" (Resolution No. 2011-620); and WHEREAS, said premises was offered on the open market at not less than fair market value; and WHEREAS, the Town Board has received a fair market value offer to purchase said premises. NOW, TItEREFORE, BE IT RESOLVED that subject to permissive referendum, said premises will be sold at a price that is not less than fair market value; and be it further RESOLVED that Scott A. Russell, as Supervisor of the Town of Southold, is hereby authorized to execute any and all documents that may be required to effectuate the sale and transfer of all right, title and interest of the Town in said property, subject to the Town of Southold Development Rights Easement; and be it further RESOLVED that pursuant to the provisions of §64(2) of the Town Law, this conveyance is subject to permissive referendum under the procedure set forth in Article 7 of the Town Law of the State of New York; and be it further RESOLVED that within ten (10) days after the adoption of this resolution by the Town Board, the Town Clerk, in the same manner as for a notice of a special election, shall post and publish a notice setting forth the date of the adoption of this resolution and containing an abstract of this resolution concisely stating its purpose and effect. The notice shall specify that such resolution was adopted subject to permissive referendum; and be it further RESOLVED that in the event that no petition seeking a permissive referendum is filed with the Town Clerk within thirty (30) days in accordance with the provisions of Article 7 of the Town Law, this resolution shall be in full force and effect and the Supervisor is authorized to execute any and ail documents to effectuate the sale thereof and the conveyance shall be thereafter recorded in the Office of the Clerk of the County of Suffulk and shall be binding on the parties thereto. February 14, 2012 Page 32 Southold Town Board Meeting Minutes ,/V~te Ree°rd a Resoluti0n RES-2012~175 I~ Adopted [] Adopted as Amended [] Defeated , Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Vote' [~ [] [] [] [] Supervisor's Appt J!l! Doherty Voter [] [] [] [] [] Tax Receiver's Appt A!be~ ~P~! Jr: !~!fia[~[ [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 175 COUNCILMAN KRUPSKI: This is the fruit of the Supervisor's initiative many years ago. Maybe, Scott, do you want to explain what is actually going on here. SUPERVISOR RUSSELL: We put up a farmland bond that would allow us to buy farmland outfight. Under previous land preservation programs the Town had no alienation ability. It had no ability to buy and resell property. All the farmland bond did was allow the Town to buy fee simple, sterilize it or cleanse it of its development rights and then resell it to the open market. The idea was, in many cases, it is difficult to get the State party to agree on the sale of farmland and it was a little bit easier for the Town to be a little bit more surgical in its approach. This is just the subsequent action that was taken. We don't have a closing yet so I don't want to discuss it in too much detail. 2012-176 CATEGORY: DEPARTMENT: Seqra Town Attorney SEQRA LL/Site Plan Amendments RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Site Plan Approval" 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 therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Vote Record - Resolution RES-2012-176 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] labled William Ruland Voter [] [] [] [] [] Withdrawn ChtSstopher Talbot Initiator [] [] [] [] [] SupeiMsor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Page 33 February 14, 2012 Southold Town Board Meeting Minutes 2012-177 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA LL/Property Maintenance Law RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in relation to Amendments to Chapter 100, Buildings, Unsafe" in connection with Unsafe Buildings~ Premises and Property Maintenance Law of the Town of 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 and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Vote Re~0rd 4Resolution RES-2012-177 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay : Abstain Absent [] Tabled william Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] : [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receivers Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hg~vys Appt [] No Action 2012-178 CATEGORY: Seqra DEPARTMENT: Town Attorney Seqra Ll/Ms4 RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in relation to Amendments to Chapter 236~ Stormwater Management" 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 therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. February 14, 2012 Southold Town Board Meeting Minutes Page 34 ~' V~te Record ~ Resolution RE~-2012~178 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Initiator [] [] [3 [3 [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] I-1 [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments made regarding resolution 155 See resolution 155 for additional comments 2012-179 CA TE GO R Y: DEPARTMENT: Enact Local Law Town Clerk Enact LL# Site Plan Amendments WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of January, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Site Plan Approval" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Site Plan Approval" reads as follows: LOCAL LAW NO. of 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Site Plan Approval". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To provide for the health, safety and welfare of the citizens of the Town of Southold, it is necessary to make certain amendments to Article XXIV "Site Plan Approval" of Chapter 280. These amendments are intended to codify and clarify existing policies, site plan objectives and approval requirements and procedures. Il. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: February 14, 2012 Southold Town Board Meeting Minutes Page 35 §280-127. Applicability. This article shall apply to every land use that is permitted in the Town of Southold except the single-family home use on a single and separate lot as set forth in Article III, § 280-13A(1), and customary nonagricultural accessory uses to a single-family residential home use as stated in the Town Code. Any change in use or intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, open space or utilities will require site plan approval. In all cases where this chapter requires approval of site d~,~qopmem- plans by the Planning Board, no building permit shall be issued by the Building Inspector except upon authorization of and in conformity with the site plan approval by the Planning Board and all other public agencies involved. §280-128. Findings of fact; purpose. A. The Town Board wishes to protect the unique rural and open space character of the Town and hereby finds that development within the Town, exclusive of the Incorporated Village of Greenport, should proceed along the lines of good order and with due regard to the public interest, including but not limited to the following: exterior design of new or renovated structures and portions thereof; the construction and location of parking areas, whether or not accompanied by new building construction; changes in the use of existing structures; the use of open land; and that the proposed site use would impact beneficially on the well-being of the population in general, increase the Town's tax base and facilitate the local economy. B. It is the purpose of this article to encourage good design and to: (1) Protect the established character and value of the adjoining properties, both public and private, and of the neighborhood in which they are located. (2) Lessen and, where possible, prevent traffic congestion on the streets and highways upon which the site fronts or which provide vehicular or pedestrian access thereto. (3) Prevent overcrowding of land or buildings. (4) Secure safety from fire, flood and other dangers and provide adequate light, air and convenience of access. (5) Mitigate the environmental impacts of new development on the land, air and water resources. §280-129. Objectives. In considering and acting upon site dea~Nopme~ plans, the Planning Board shall take into consideration the public health, safety and welfare, the economic impact and the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular: A. Traffic access: that all proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; are located in proper relationship to intersections, pedestrian crossings and other places of public assembly; and, further, are in conformance with overall traffic safety considerations. Other public February 14, 2012 Southold Town Board Meeting Minutes Page 36 agencies may require further improvements above and beyond the Town's requirements. Roadway improvements not directly in front of the site may be necessary and required, based on overall traffic circulation and signalization of adjacent access points and streets. Interior circulation and parking: that adequate off-street parking and loading spaces are provided to satisfy the parking needs of the proposed uses on site and that the interior circulation system is so designed to provide convenient access to such spaces consistent with pedestrian safety, and, further, that loading areas shall not impede the flow of interior pedestrian and vehicular traffic and that for certain uses, adequate interior roadways are provided to confine operations to the site. Handicap accessibility shall be provided and placed at the nearest point to the proposed structure. Landscaping and screening: that all parking, service and similar areas are screened at all seasons of the year from view of adjacent residential districts and streets and that the landscaping of the site complements the intended use. Existing trees of at least six inches or more in diameter measured three feet above the base of the trunk shall be retained to the maximum extent possible. Natural features: that high priority shall be given to: (1) The conservation of all natural features on and adjacent to the site, including but not limited to natural drainage-courses, fresh- and saltwater wetlands and marshes, dunes, bluffs, beaches, escarpments, woodlands, large trees, unique plant and wildlife habitats, flood hazard areas and wildlife breeding areas. (2) The protection of ground- and surface water from contamination by pollutants. (3) The protection of air quality. Pavement: that all other paved areas intended for use by pedestrians and vehicles shall make use of an aesthetically pleasing and safe combination of pavements and plant materials which would serve to encourage their use by pedestrians and vehicles. Lighting: that all outdoor lighting shall be of such a nature and so arranged as to minimize the projection of direct light and glare onto adjoining properties and streets. Outdoor lighting shall be compatible with the intended use and also the zoning district, particularly in or adjacent to residential zones. Public address intercom or sound systems: that any sound or public-address system shall be located to minimize sound to adjoining properties or on the adjacent street. Grading and drainage: that all site developments shall respect existing grades on site and on adjoining sites to avoid unnecessary excavation or filling and that all stormwater runoff generated on site will be retained on site in an environmentally acceptable manner. All grading and drainage plans must meet with the requirements of the Town Engineer and/or Superintendent of Highways. Public utilities: that plans for water supply and sewage disposal, cable, telephone, electricity, gas, etc., shall be considered and included in this section and shall conform to such public requirements and standards as may exist. Existing development and Comprehensive Development Plan: that the development proposed is at a scale consistent with existing development and with the Comprehensive Development Plan of the Town of Southold. Architectural features: that the natural features of the site and surroundings, exterior design and appearances of existing adjacent structures and the character of the district are evaluated in accordance with the architectural standards set forth in this chapter. February 14, 2012 Southold Town Board Meeting Minutes Page 37 [Amended 5-15-1995 by L.L. No. 7-1995] Handicapped access: that the site plan and building design shall accommodate the needs of the handicapped and be in conformance with the applicable state and local standards concerning the same. ARTICLE XXIV~ Site Plan Approval §280-130. Approval of site plan required. A. After the filing of an application for a building permit, the Building Inspector shall make a determination as to whether a site plan or an amendment thereto is required, and this written determination shall be forwarded to the Planning Department for comment. The Planning Department must provide written comments on this determination to the Building Inspector within five business days, or be deemed to have waived the opportunity to comment. After review of comments, or after the time period for comment has elapsed, the Building Inspector shall issue a final determination to the applicant, which shall in no event be more than 15 business days from the filing of the application. Such determination shall also include a written decision as to whether the proposed use is permitted and whether a special exception is required from the Zoning Board of Appeals. No building permit shall be issued for any structure or building for which use a site plan is required pursuant to this chapter, until, if required, an approved site devetopme~ plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector, along with all necessary approvals and permits as may be required by other public agencies. [Amended 5-15-1995 by L.L. No. 8-1995; 3-9-2004 by L.L. No. 8-2004; 12-14-2004 by L.L. No. 25-2004] B. No regrading, cleating, tree removal or any other work; ........ ,;~ Ac ~,~ ......... c n site, except limited cleating needed to undertake survey work or soils investigations, may take place .... v .......... ~ vl,~ until the site plan has been approved by the Planning Board or the Planning Board authorizes such work in writing. C. No certificate of occupancy shall be issued for any building, structure, premises, lot or use of land covered by this article unless the structure has been completed (whether the structure is being constructed, renovated, reconstructed, altered, moved or put into use), and the site is developed in accordance with an approved s~te ...... v ....... plan or approved amendment of any such plan. D. Upon request of the owner or his authorized agent for a certificate of occupancy, the Building Inspector shall issue the certificate, provided that said Building Inspector, along with the Planning Board, shall find that such building or structure and site is in conformity with the approved site plan. E. After a certificate of occupancy is issued, there shall be no exterior alterations of a building that expand the footprint or any revisions of the site or changes of use without first obtaining Planning Board approval. F. Failure to obtain site plan approval shall be a violation of this article and shall be subject to such penalties as are set forth in § 280-155 of this chapter. [Amended 6-7-2005 by L.L. No. 8-2005] G. Failure to comply with a term or condition of an approved site plan shall be a violation of this article and shall be subject to such penalties as are set forth in § 280-155 of this February 14, 2012 Southold Town Board Meeting Minutes Page 38 chapter. The Planning Board shall retain jurisdiction and shall have the right, after a public hearing, to modify, suspend or revoke such approval or any term or condition thereof or to impose thereon one or more new conditions, based upon one of the following grounds: (1) False statements or mistake of material fact: materially false or inaccurate statements in the application, supporting papers or supporting testimony or ignorance or misunderstanding of a material fact by the Planning Board, which fact, had it been known to the Board at the time of its review, would have resulted in a denial of the approval sought. (2) Non-compliance with the terms and conditions of such approval: failure of the applicant-permittee to comply with any conditions or terms of approval. (3) Activity beyond such approval: exceeding the scope of the activity, use or proiect as the same was described in the application. Any use that has received site plan approval by the Planning Board shall not be commenced unless the Planning Board issues a written certification that all terms and conditions set forth in the site plan approval have been met. Failure to comply with a term or condition of site plan approval prior to commencement of the approved use shall be a violation of this article and shall be subject to such penalties as are set forth in §280- 155 of this chapter unless the Planning Board expressly states an alternative period of time for compliance within the site plan approval. Upon recommendation of the Planning Board and approval of the Town Attorney, the Building Inspector may revoke an existing certificate of occupancy upon a showing that the subject premises is being occupied or used in violation of an approved site plan and may direct that such occupancy or use be discontinued. The Town Attorney is authorized to commence proceedings in a court of appropriate jurisdiction to restrain said use or occupancy. [Amended 6-7-2005 by L.L. No. 8-2005] §280-131. Review procedure. A. Presubmission conference. Prior to the submission of a site d~ plan, the applicant or his agent shall meet with the Planning Board or its representative. The purpose of such conference shall be to discuss proposed uses or development plan elements that shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this article. Said meeting shall take place within 30 calendar days from the date of written request therefor. B. Site dc;'c!cpmcnt plan. Nine copies of the site deve!cpment plan application and any related information as defined during the presubmission conference shall be submitted to the Planning Board within four months of the presubmission conference. If a site dc;'c!cpmcnt plan application is not submitted within four months following a presubmission conference, another conference may be required by the Planning Board. (1) Within 10 business days of receipt of the application, the Planning Board shall determine whether to accept, reject or request revision of the application. (2) If the Planning Board determines said application to be acceptable but in need of revision, it shall notify the applicant, in writing, wherein said application is deficient within 30 calendar days. (3) Within the thirty-calendar-day period from receipt of the application, the February 14, 2012 Southold Town Board Meeting Minutes Page 39 following shall also take place: the site plan reviewer (or other delegate of the Planning Board) shall hold a joint meeting with a representative of the Building Department authorized to review building plans, for the purpose of making a joint recommendation as to whether the site plan application complies with all applicable zoning regulations or whether any variances are required from the Zoning Board of Appeals; that recommendation shall be forwarded to the Building Inspector, who shall either endorse or revise that recommendation; and in the event the Building Inspector's zoning determination indicates that a variance is required, the site plan reviewer (or other delegate of the Planning Board) shall so inform the applicant; and in the event the applicant wishes to proceed with the application as submitted, the Building Inspector shall issue a notice of disapproval at that time. This procedure shall also apply to any amendments to the site plan application. (4) In the case of a variance or special exception application requiring site plan approval, the site de-vetopm~ plan application shall be subjected to preliminary review and written comments by the Planning Board within 60 days of such request by the Board of Appeals. (a) In no case may the Planning Board grant site plan approval prior to the issuance of a special exception by the Zoning Board of Appeals, if such is required. (b) Before the Planning Board can approve any application for the amendment of a use or structure for which a special exception was granted, the applicant must obtain permission from the Zoning Board of Appeals to expand or otherwise alter or change either the use or the structure. (5) The Planning Board may vary or waive parking requirements, provided that such change will not have a detrimental effect on the public health, safety or general welfare and will not have the effect of nullifying the intent and provision of this chapter. (a) The Planning Board may allow or require landscaping to be installed in place of specified parking spaces. (b) On any site for which the Planning Board grants approval for less than the required number of spaces for that use, the Planning Board shall have the right to review the parking requirements again ifa change of use is proposed. (6) Review of a new site plan for a lot on which an approved site plan already exists shall not proceed until the approved plan is withdrawn by the applicant. When the Planning Board determines said application to be acceptable, it shall, within 10 business days of such determination, distribute said application and documentation to the Town, county and state agencies having jurisdiction, for their comment. Such referral shall include a referral to the Architectural Review Committee. The Architectural Review Committee shall ma,/make a written recommendation to the Planning Board on the site plan within 10 business days of receipt of the referral. If the Committee fails to make a recommendation within this time period, the project shall proceed to the Planning Board for consideration without Committee review. Notwithstanding the foregoing, applications involving only structures requiring review by the Historic Preservation Commission for a February 14, 2012 Page 40 Southold Town Board Meeting Minutes certificate of appropriateness under Chapter 170, Historic Landmark Preservation Law, of this Code shall not also be referred to the Architectural Review Committee for review. [Amended 2-13-2007 by L.L. No. 6-2007] Upon receipt and review of written comments from each of the agencies to which the proposed site plan was distributed, the Planning Board shall, within a reasonable period of time, not to exceed 30 days, determine whether to require revisions to the proposed plan. No decision on the application shall be made until the State Environmental Quality Review ActEN process is completed. After the Planning Board has determined that the proposed site plan is suitable for approval, it shall: (1) Forward the plan to the Building Inspector for final review and certification. (2) Forward the plan to the Fire Commissioner of the fire district within which the site is located for a determination as to whether a fire well is needed and, if so, its location. (3) Notify the applicant, in writing, to make an application for the appropriate curb cut permits. (4) Submit the proposed site plan to the Suffolk County Planning Commission in accordance with the provision of the Suffolk County Charter, if necessary. Upon receipt of the Building Inspector's certification, the Fire Commissioner's response, the curb cut permits and the comments of the Suffolk County Planning Commission, the Planning Board shall place the site plan on the agenda of the next regularly scheduled public meeting. The Planning Board shall hold a public hearing to consider the application. Notice shall be provided pursuant to Chapter 55, Notice of Public Hearings. Notwithstanding this requirement, with respect to applications involving modifications to existing structures with no substantial change to the existing footprint, where the Planning Board determines that such modifications or any change in use will not require significant changes to existing major site design features, as well as applications involving uses strictly related to agriculture (but excepting retail winery operations), the Planning Board shall have the discretion to waive the public hearing requirement and may act on such application by filed resolution at a duly noticed public meeting. Prior to the Planning Board's endorsement of the site plan, the applicant must sign a statement placed on the site plan indicating his/her knowledge and acceptance of the conditions of approval. Amendments to an existing site plan may be acted upon in the same manner as a new site plan. Guaranty of Performance (1) Public Improvements: A guaranty ofperfbrmance may be required for all public improvements as part of the conditions of approval. If a guaranty of performance is required, the provisions of Article IX, Bonds and Other Security, shall apply. (2) Other on-site improvements including, but not limited to, securing the property, February 14, 2012 Southold Town Board Meeting Minutes Page 41 buffers, landscaping and/or screening: A guaranty of performance may be required for on-site improvements as part of the conditions of approval under the following circumstances: (a) where the application involves a commercial property that abuts or is across any public or private street from a residential property. (b) where the application involves a change or intensification of use that may have potential impacts on adjacent property owners. (3) Default: In the event that the applicant fails to comply with the provisions of this section, and complete the required improvements, the Town Board may thereupon declare the said guaranty of performance (i.e., performance bond, letter of credit, or other equivalent security) in default and collect the sum remaining payable thereunder; and upon the receipt thereof, the Town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place on the property. Where the cost of the improvements exceeds the forfeited security, the additional cost, including, but not limited to, any legal fees incurred, shall be and constitute a lien upon the land upon which the improvements are to be made and shall be included in the levy against such property. Within 10 days of final approval, a copy of the endorsed site plan shall be sent to: (1) The Building Department. (2) The Town Engineer. (3) The Town Trustees, when applicable. (4) The Highway Department. (5) The Zoning Board of Appeals, when applicable. The Planning Board shall have the right to deny the proposed site plan for lack of compliance with the provisions of the Town Code, The Planning Board shall notify the applicant, in writing, within 10 days of such determination, of the reasons for such denial. §280-132. Duration of plan. A. An approved site devc!opmcnt plan shall be valid for a period of three years 18 months from the date of approval. All work proposed on the plan shall be completed within ~ 5~mm 18 months from the date of approval unless a longer period was approved or the applicant obtains an extension from the Planning Board. However, all terms and conditions of any approved site plan or approved amendment are immediately enforceable and compliance is required prior to the commencement of the approved use, unless the Planning Board expressly states an alternative period of time for compliance within the site plan approval. B. All site plans which have received final approval prior to the enactment of this article shall remain valid for a period of three years from the date of such enactment. This period will begin when all governmental approvals have been obtained. IIL 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. February 14, 2012 Southold Town Board Meeting Minutes Page 42 IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ~' Vot~ R~0rd ~ Re~olufion RES.2012..179 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent 1~ Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot initiator ~1 El [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] [] [] [] [] Rescinded [] Town Clerk's Appt Louisa P. Evans Voter [] [] [] [] [] Supt Hgwys Appt Scott Russell Voter [] [] 13 [] [] No Action Next: Feb 28, 2012 4:30 PM Comments regarding resolution 185 COUNCILMAN KRUPSKI: Are we going to take this back to code committee? I would like to see it written so that it is what you said, Scott. The cumulative effects of this and not, to me, the way it's, just even if it would be a sentence or a paragraph, as opposed to... SUPERVISOR RUSSELL: Yes, and then we can judge there whether those changes .... COUNCILMAN KRUPSKI: It is not against it. SUPERVISOR RUSSELL: Inaudible. It might very well not. COUNCILMAN KRUPSKI: It wouldn't. It is still the spirit of it but you don't want to get caught up in the wording. SUPERVISOR RUSSELL: But before we discuss what we are doing with that, we have to get th[0ugh 0ne more hearing. 2012-180 CA TEGOR Y: DEPARTMENT: Enact Local Law Town Clerk Enact LL# Property Maintenance WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of January, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 100, Buildings~ Unsafe~ in connection with Unsafe Buildings~ Premises and Property Maintenance Law of the Town of Southold" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now February 14, 2012 Southold Town Board Meeting Minutes Page 43 therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 100~ Buildings~ Unsafe~ in connection with Unsafe Buildings, Premises and Property Maintenance Law of the Town of Southold' reads as follows: LOCAL LAW NO. of 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 100, Buildings, Unsafe, in connection with Unsafe Buildings~ Premises and Property Maintenance Law of the Town of Southold'. BE IT ENACTED by the Town Board of the Town of Southold as follows: L Chapter 100 of the Code of the Town of Southold is hereby amended as follows: §100-1. Title. This chapter shall be known as the "Unsafe Buildings, Premises and ~hags~,4-m~q/~s Property Maintenance Law of the Town of Southold." §100-2. Purpose. The purpose of this chapter is to promote the public. ~.~.1~. ~c~, .....~ ...... 1 .... ~c .... c ,~.~ ................................. conservation of property and property values and character of the community by addressing the cumulative impacts of property neglect. Further, this law will eliminate safety and health hazards, unsightly conditions, environmental public nuisances, dangerous obstruction to emergency vehicle access, the erosions of property values and the erosion of the quality oftife by all residents in broad proximity of the neglected property(s), and §100 3 T~--~.r. ~...n~: ..... ~~.--:~.~ ~.~a.:,~.~ Deft itions Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). EXTERIOR PROPERTY - The open space on the premises and on adjoining property under the control of owners or operators of such premises. GARBAGE - Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. JUNKED VEHICLE - Any vehicle, including a trailer, which is without a currently valid license plate or plates and is in such a rusted, wrecked, discarded, dismantled, partly dismantled, inoperative or abandoned condition as to be no longer intended or in condition for legal use on the public highways. LAND - The term "land" and "property" shall have the same meaning as "premises" as defined February 14, 2012 Southold Town Board Meeting Minutes Page 44 herein. LITTER - Garbage, refuse and rubbish and all other waste material which, if thrown or deposited upon the ground, tends to create a danger to public health, safety and welfare or tends to create bli~t. OCCUPANT - Any individual or person occupying a premises or building, or having possession of a premises or building. OWNER - Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title or deed to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. PERSON - An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject of rights and duties. PREMISES ~ A lot, plot or parcel of land, easement or public way, including any structures thereon. RUBBISH - Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as, but not limited to, paper wrappings, cardboard, tin cans, wood, glass, bedding, and crockery. §100-34 ~r. ~...:~.~: ..... .~ ....: ......~':~':*"'~ Standards. A. Property Maintenance. 1. Surface and subsurface water shall be adequately drained to protect buildings and structures, to prevent damage to adjacent property and to prevent the development of stagnant ponds. Swimming pools, spas, hot tubs and other similar structures erected for recreational use shall be maintained so as to avoid the stagnation of the water therein. 2. Landscaping shall be adequately maintained so that lawns, hedges, bushes, weeds and trees do not become overgrown and unsightly so as to constitute an unsafe condition or blight. At no time shall landscaping, hedges, bushes, weeds or trees create an impediment to emergency and/or fire rescue vehicle access. 3. Garbage, crates, rubbish, refuse or debris shall be kept inside building or buildings on the premises, or in an acceptable enclosed container, and shall be regularly collected and removed from the premises. 4. Open wells, cesspools or cisterns shall be securely closed or barricaded to prevent access by the public. 5. Junked or unregistered vehicles may not be located or stored in open view, but shall be stored in a suitable location inside a building or behind a fence outside of public view. 6. Exterior facades shall at all times be kept free of graffiti or other defacement. Unsafe buildings. All buildings or structures which are structurally unsafe, dangerous, unsanitary or not provided with adequate egress or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment are, severally, for the purpose of this chapter, unsafe buildings. All such buildings and structures are hereby declared to be illegal and are Febmary 14, 2012 Southold Town Board Meeting Minutes Page 45 prohibited and shall be abated by repair and rehabilitation or by demolition and removal in accordance with the procedures of this chapter. Unsafe premises. All premises which are unsafe or dangerous, which suffer from inadequate maintenance or neglect or which do not permit or provide for adequate access by emergency and/or fire rescue vehicles are, for the purpose of this chapter, unsafe premises. All such premises are hereby declared to be illegal, are prohibited and shall be abated by repair and rehabilitation in accordance with the procedures of this chapter. {}100-4-5. Inspection and report. A. Unsafe building. When, in the opinion of the Building Inspector, any structure located in the Town shall be deemed to be unsafe or dangerous to the public, he shall make a formal inspection thereof and thereafter prepare a written report thereof and file the same in his office. B. Unsafe premises. When, either on the Building Inspector's own volition or after receiving a written recommendation from the Commissioners of any Fire Department or Fire District or from the Village of Greenport Fire Wardens or Village Trustees located in the Town that any premises is unsafe in that it does not permit or provide for adequate access by emergency and/or fire rescue vehicles as required by §280-109(C), in which recommendation the Building Inspector concurs, the Building Inspector shall make a formal inspection thereof and thereafter prepare a written report thereof and file the same in his office. {}100-$ 6. Service of notice. A. When it shall be determined by the Building Inspector that a building, premises or structure is dangerous or unsafe to the public, or is in violation of any one or more of the provisions under § 100-4(A), he shall promptly serve or cause to be served a notice on the owner or other persons having an interest in such premises, building or structure as hereinafter provided. B. The aforementioned notice shall be served on the owner of the building, structure or premises or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the last completed assessment roll of the Town, either personally or by registered mail, addressed to the person intended to be served at the last known place of business. If the notice is served by registered mail, the Building Inspector shall cause a copy of such notice to be posted on the premises. {}100-67. Contents of notice. The notice referred to in § 100-$ _6 hereof shall contain the following: A. A description of the premises. B. A statement of the particulars in which the premises, building or structure is unsafe or dangerous or is in violation of any one or more of the provisions under § 100-4(A). C. An order requiring the premises, building or structure to be made safe and secure or removed, or if there is a violation of § 100-4A, an order to remedy. D. A statement that the securing or removal of the building or structure or the rehabilitation of the premises shall commence within 10 days from the date of the service of the notice February 14, 2012 Southold Town Board Meeting Minutes Page 46 and shall be completed within 30 days thereafter. Ifa violation of any one or more of the provisions under § 100-4 A are cited, a statement that remediation of the violation must be completed within 10 days from the date of service of the notice. The Building Inspector may extend the time of compliance specified in the notice, where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate compliance. In granting any such extension of time, the Building Inspector may impose such conditions as he may deem appropriate. A statement that, in the event of the neglect or refusal of the person served with notice to comply with the same, a hearing will be held before the Southold Town Board, notice of which and the time and place thereof to be specified in the notice to the owner referred to in §100-$ 6_ hereof. No hearing is required if the only violation alleged is pursuant to § 100-4(A). A statement that, in the event that the Town Board, after the hearing specified in § 100-6 7(E) hereof, shall determine that the premises, building or structure is unsafe or dangerous to the public, the Town Board may order the building or structure to be repaired, made safe and/or secured or taken down and rmnoved. In the case of an unsafe premises, the Town Board may order the premises rehabilitated and made safe. A statement that, in the event that the premises, building or structure shall be determined by the Town to be unsafe or dangerous and in the event of the neglect or refusal of the owner to make safe, repair or remove the same within the time provided, the Town may remove such building or structure or make safe the premises by whatever means it deems appropriate and assess all costs and expenses incurred by the Town in connection with the proceedings to remove or secure, including the cost of actually removing said building or structure, against the land on which said buildings or structures are located. §100--7- 8. Filing a copy of notice. A copy of the notice referred to in § 100-6 _7 hereof may be filed with the County Clerk of the county within which such premises, building or structure is located, which notice shall be filed by such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules and shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided in this section. A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a Judge or Justice of a court of record or upon the consent of the Town Attorney. The clerk of the county where such notice is filed shall mark such notice and any record or docket thereof as canceled of record, upon the presentation and filing of such consent or of a certified copy of such order. §100-8 9. Emergency measures to vacate. If the Building Inspector determines in his inspection of any premises, building or structure that there is actual and immediate danger of failure or collapse so as to endanger life, he shall promptly require the premises, building, structure or portion thereof to be vacated forthwith and not to be reoccupied until the specified repairs are completed, inspected and approved by the Building Inspector. For this purpose, he may enter such premises, building or structure, or land on which it stands or adjoining land or structures with such assistance and at such cost as may be necessary. He may also order adjacent structures to be vacated and protect the public by February 14, 2012 Southold Town Board Meeting Minutes Page 47 appropriate barricades or such other means as may be necessary and for this purpose may close a private or public right-of-way. The Building Inspector shall cause to be posted at each entrance to such premises, building or structure a notice stating, "This building (or premises, if applicable) is unsafe and its use or occupancy has been prohibited by the Building Inspector." Such notice shall remain posted until the required rehabilitation, repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or their agents or other persons to remove such notice without written permission of the Building Inspector or for any person to enter the building except for the purpose of making the required repairs or the demolition thereof. §100-9-10. Costs and expenses. All costs and expenses incurred by the Town of Southold in connection with any proceeding or any work done to remove the danger or in connection with the demolition and removal of any such building or structure, or an,/work done to abate an,/violation of provisions under § 100- 4(A) of this chapter shall be assessed against the land on which such building or structure 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 shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner thereof, with the assessors who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. §100-t0 11. Penalties for offenses. A. An,/person who violates a provision under § 100-4(A) of this chapter shall be guilty of a violation punishable by a fine not to exceed $2,500. A~.B_. Any person who neglects, refuses or fails to comply with any order or notice issued hereunder shall be guilty ora violation punishable by a fine not to exceed $5,000 or by imprisonment for a term not to exceed 15 days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate and additional offense. ~.C__. In addition to the criminal violation, the Town Attorney is authorized to pursue any and all actions in law or equity, including but not limited to actions for compensatory damages, civil penalties, or injunctive relief. Strict liability. Personal knowledge of the existence of a violation under this chapter is not required, no mens rea (intent) is required, and any violation charged herein shall be one of strict liability. §100 !I 1..~2. Severability. February 14, 2012 Page 48 Southold Town Board Meeting Minutes 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. §100 12 13. When effective. This chapter shall take effect immediately upon filing with the Secretary of State as provided by law. Vote ReCOrd - Re~olution RES-2012,180 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator ~ [3 [] [] [] Supervisor's Appt [] Tax Receiver's Appt Jill Doherty Voter [] [] [] [] [] Rescinded Albert Kmpski Jr. Seconder ~ [] [] [] [] Town Clerk's Appt Louisa P, Evans Voter [] [] [] [] [] Supt Hgwys Appt Scott Russell Voter [] [] [] [] [] No Action Next: Feb 28~ 2012 4:30 PM Comments regarding resolutions 185 & 186 SUPERVISOR RUSSELL: Yes but again, it depends on the outcome of the code committee's as to whether we need to have a new public hearing. It depends on whether there are substantial change to the law or not. I strongly suggest we table them. COUNCILMAN KRUPSKI: I agree with that. 2012-181 cA TEGOR Y: DEPARTMENT: Enact Local Law Town Clerk Enact LL# 3 Stormwater Management (MS4) WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of January, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 236~ Stormwater Management" and WHEREAS the Town Board of the Town of Southold held a second public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 236~ Stormwater Management" reads as follows: LOCAL LAW NO. 3 of 2012 February 14, 2012 Page 49 Southold Town Board Meeting Minutes A Local Law entitled, "A Local Law in relation to Amendments to Chapter 236~ Stormwater Management'. ARTICLE I GENEKAL PROVISIONS § 236-1. Title. TI:ds chapter shall be known as the "Stormwater Management; Erosion & Sediment Control; and Illicit Discharges Law." § 236-2. Statutory authorization/and conflicts with other laws. A. Statutory Authorization This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through land use regulations intended to control flooding, erosion or sedimentation within the entire Town. B. Conflict with Other Laws. In their interpretation and application, the provisions of this chapter shall be minimum requirements adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this chapter are at variance with the requirements of the New York State Department of Environmental Conservation SPDES General Permits for Construction Activities (GP-0-10-001) and for Stormwater Discharges from MS4s (GP-02-02), as amended or revised, and the corresponding regulations, the most restrictive or that imposing the highest standards shall govern. § 236-3. Findings of fact. It is hereby determined that: A. Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition; B. Stormwater runoff contributes to increased quantities of water-borne pollutants, including siltation of aquatic habitat for fish and other desirable species and may adversely affect aquatic organisms through changes in temperature and salinity; C. Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat; D. Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff thereby increasing stream bank, shoreline and bluff erosion and sedimentation; E. Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow; F. Substantial economic losses can result from these adverse impacts on the waters of the Town; G. Stormwater runoff; soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities; H. The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel, shoreline and bluff erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety; and I. Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the Page 50 February 14, 2012 Southold Town Board Meeting Minutes natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development. Illicit discharges threaten water quality through the introduction of toxic and hazardous substances. § 236-4. Purpose. It is the purpose of this chapter to promote and protect, to the maximum extent practicable, the public health, safety and general welfare by: (i) establishing minimum stormwater management requirements and controls; (ii) regulating non-stormwater discharges to the municipal separate storm sewer system (MS4) to the maximum extent practicable as required by federal and state law; and (iii) establishing methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for MS4. The objectives of this chapter are as follows: D. E. F. G. Minimizing soil erosion, sedimentation and stormwater runoff; Controlling, restricting or prohibiting activities which alter natural drainage systems, floodplains, stream channels and natural protective features, including, but not limited to, wetlands, bluffs, dunes, beaches, natural protective features, which contribute to the accommodation of floodwaters and retention of sediment; Controlling, restricting or prohibiting land use activities which increase nonpoint source pollution due to stormwater runoff, and/or which result in discharge onto public lands, neighboring properties or natural protective features; Assuring that land and water uses in the Town are designed and/or conducted using best- management practices to control flooding, stormwater runoff and minimize stormwater runoff from discharging onto public lands, neighboring properties or natural protective features; Promoting the recharge of stormwater into the freshwater aquifer to protect the drinking water supply and minimize saltwater intrusion. Meet the requirements of minimum control measures 4 and 5 of the SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit no. GP-02-02 or as amended or revised; Require land development activities to conform to the substantive requirements of the NYS Department of Environmental Conservation SPDES General Permits for Construction Activities (GP-0-10-001) and for Stormwater Discharges from M S4s (GP-0-10-002) or as amended or revised; Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, temperature fluctuations of surface waters of the State of New York, and streambank erosion and maintain the integrity of stream channels; Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality. Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety. To regulate the contribution of pollutants to the MS4 since such systems are not designed to accept, process or discharge non-stormwater wastes; To prohibit Illicit Connections, Activities and Discharges to the MS4; To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this Chapter; and February 14, 2012 Southold Town Board Meeting Minutes Page 51 To promote public awareness of the hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, grease, oil, petroleum products, cleaning products, paint products, hazardous waste, sediment and other pollutants into the MS4. § 236-5. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Th/rd New International Dictionary of the English Language, unabridged (or latest edition). AGRICULTURE -- The production, keeping or maintenance, for sale, lease or personal use, of all plants and animals useful to man, including but not limited to forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats or any mutation of hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; fruits of all kinds, including grapes, nuts and berries, vegetables; floral, oruamentai and greenhouse products; or lands devoted to a soil conservation or forestry management program. AGRICULTURAL PRODUCTION - The production for commercial purposes of crops, livestock and livestock products, but not land or portions thereof used for processing or retail memhandising of such crops, livestock or livestock products. Land used in agricultural production shall also include fences, equipment storage buildings, livestock barns, irrigation systems and any other structures used exclusively for agricultural purposes. ALTER HYDROLOGY FROM PRE TO POST-DEVELOPMENT CONDITIONS - The post- development peak flow rate(s) has increased by more than 5% of the pre-developed condition for the design storm of interest (e.g., 10 yr. and 100 yr.). APPLICANT - The person, persons or legal entity which owns or leases the property on which the construction activity is occurring; and/or an entity that has operational control over the construction plans and specifications, including the ability to make modifications to the plans and specifications. BEST-MANAGEMENT PRACTICES (BMPs) - Schedule of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. BUILDiNG - A structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals or property. BUILDING INSPECTOR -- The persons(s) appointed by the Town Board to enforce the provisions of Southold Code Chapter 280 and this chapter. CHANNEL - A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. CLEAN FILL - Naturally deposited earthen material from an approved upland borrow source. CLEAN WATER ACT - The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto. CLEARiNG - Cutting down, felling, thinning, logging or removing, killing, destroying, poisoning, ringbarking, uprooting, grubbing or burning vegetation, severing, topping or lopping branches, limbs, stems or trunks or substantially damaging or injuring in other ways that would cause or contribute to the death or affect the survivability and growth of vegetation. This definition also includes removal of dead and dying vegetation. COMBiNED SEWER - A sewer that is designed to collect and convey both "sewage" and "stormwater". COMMENCE (COMMENCEMENT OF) CONSTRUCTION ACTIVITIES - The initial disturbance of soils associated with clearing, grading or excavation activities; or other construction related activities that February 14, 2012 Southold Town Board Meeting Minutes Page 52 disturb or expose soils such as demolition, stockpiling of fill material, and the initial installation of erosion and sediment control practices required in the SWPPP. CONSTRUCTION -- The siting, building, erection, extension, or material alteration of any structure the use of which requires permanent or temporary location on the ground, as well as the installation of any hardened surfaces at or below grade. CONSTRUCTION ACTIVITY - (1) Activities involving land disturbance of 5,000 sq. fi. or more including disturbances of less than 5,000 sq. fi. that are part of a larger common plan of development that will ultimately disturb 5,000 or more sq. fi. of land; excluding routine maintenance activity that is performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility; and/or (2) activities requiring authorization under the SPDES permit for stormwater discharges from construction activity, GP-0-10-001, as amended or revised. These SPDES permit activities include construction projects resulting in land disturbance of one or more acres unless determined otherwise by the Department or Town of Southold. All construction activities include but are not limited to clearing and grubbing, grading, excavating and demolition. DEDICATION - The deliberate appropriation of property by its owner for general public use. DEPARTMENT - The New York State Department of Environmental Conservation. DESIGN MANUAL - The New York State Stormwater Management Design Manual, most recent version including application updates, that serves as the official guide for stormwater management principles, methods and practices. DESIGN PROFESSIONAL - New York State licensed professional engineer or licensed architect. DEVELOPER - A person who undertakes land development activities. DEVELOPMENT - Any man-made change to improved or unimproved real property, including but not limited to any construction activities, the construction of buildings or other structures, creating access to and circulation within the site, clearing of vegetation, grading, providing utilities and other services, parking facilities, drainage systems, methods of sewage disposal and other services, and creating landforms. Development also includes significant alteration of natural resources in preparation for development, such as the dredging or filling of wetlands, ponds or other natural drainage areas. DIRECT DISCHARGE (TO A SPECIFIC SURFACE WATERBODY) - That runoff flows from a construction site by overland flow and the first point of discharge is the specific surface waterbody, or runoff flows from a construction site to a separate storm sewer system and the first point of discharge from the separate storul sewer system is the specific surface waterbody. DISCHARGE - To emit, expel, pour, direct or otherwise cause the flow of liquid in a manner other than the natural course of that liquid which existed prior to the disturbance of the natural state of the land upon which it flowed, if any. DRAINAGE SYSTEMS - Includes gutters, swales, pipes, conduits and superstructures (e.g., drywells, sumps, berms, etc.) for the collection and conduction of stormwater to an adequate facility for its storage and disposal. EROSION - The wearing away of land as a result of the action of natural forces or man-related activities. EROSION CONTROL MANUAL - The most recent version of the "New York Standards and Specifications for Erosion and Sediment Control" manual, commonly known as the "Blue Book". EROSION, SEDIMENTATION AND STORMWATER RUNOFF CONTROL PLAN - A drawing showing the proposed use of the site and the methods, techniques and improvements, both during and after construction, that will be employed to control erosion, sedimentation and stormwater runoff, which shall employ best-management practices. Where the nature of the existing conditions and proposed activities warrant, the Building Inspector may require that such plan be prepared by a design professional licensed in the State of New York. EXCAVATION - The removal, addition, or alteration of soil, sand, or vegetation by digging, dredging, drilling, cutting, scooping, or hollowing out. FILLiNG - The deposition of natural or artificial material so as to modify the surface or subsurface conditions of upland or underwater land. February 14, 2012 Southold Town Board Meeting Minutes Page 53 FINAL STABILIZATION - That all soil disturbance activities have ceased and a uniform, perennial vegetative cover with a density of eighty (80) percent over the entire pervious surface has been established; or other equivalent stabilization measures, such as permanent landscape mulches, rock rip-rap or washed/crushed stone have been applied on all disturbed areas that are not covered by permanent structures, concrete or pavement. GRADING - The excavation, filling or alteration of the surface or subsurface conditions of land, lakes, ponds, or watercourses. HAZARDOUS MATERIALS - Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, disposed of, or otherwise managed. ILLICIT CONNECTIONS - Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4, including but not limited to: 1. Any conveyances which allow any non-stormwater discharge including treated or untreated sewage, process wastewater, and wash water to enter the MS4 and any connection to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or 2. Any drain or conveyance connected to the MS4 which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. ILLICIT DISCHARGES - Include hut are not limited to discharge of solid waste; human and animal waste; antifreeze, oil, gasoline, grease and all other automotive products; flammable or explosive materials; metals in excess of naturally occurring amounts, whether in liquid or solid form; chemicals not normally found in uncontaminated water; solvents and degreasers; painting products; drain cleaners; commercial and household cleaning materials; pesticides; herbicides; fertilizers; acids; alkalis; ink; steam- cleaning waste; laundry waste; soap; detergent ammonia; chlorine; chlorinated swimming pool or hot-tub water; domestic or sanitary sewage; roof structure runoff; animal carcasses; food and food waste; yard waste; dirt; sand; and gravel. Illicit discharges include any direct or indirect discharge to the MS4, except as exempted in §236-24A (Discharge Prohibitions) and/or as permitted by the Town. IMPERVIOUS SURFACE - Any surface exposed to stormwater from which water runs off and cannot pass through, including but not limited to structures, paving, paving blocks, bedding material, packed earth, treated surfaces, roof structures, patios, decking, stoops, porches, and accessory structures. INDIVIDUAL SEWAGE TREATMENT SYSTEM - A facility serving one or more parcels of land or residential households, or a private commercial or institutional facility, that treats sewage or other liquid wastes for discharge into the groundwaters of New York State, except where a permit for such a facility is required under the applicable provisions of Article 17 of the Environmental Conservation Law. INDUSTRIAL ACTIVITY - Activities requiring the SPDES permit for discharges from industrial activities except construction, GP-98-03, as amended or revised. INDUSTRIAL STORMWATER PERMIT - A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies. iNFILTRATION - The process of percolating stormwater into the subsoil. JURISDICTIONAL WETLAND - An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. LAND DEVELOPMENT ACTIVITY - Construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than 5,000 sq. R. unless determined otherwise by the Department or the Town of Southold, or activities disturbing less than one acre of total land area that is part ora larger common plan of development or sale, even though February 14, 2012 Southold Town Board Meeting Minutes Page 54 multiple separate and distinct land development activities may take place at different times on different schedules. LANDOWNER - The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land. LARGER COMMON PLAN OF DEVELOPMENT OR SALE - A contiguous area where multiple separate and distinct construction activities are occurring, or will occur, under one plan. The term "plan" in "larger common plan of development or sale" is broadly defined as any announcement or piece of documentation (including a sign, public notice or heating, marketing plan, advertisement, drawing, permit application, State Environmental Quality Review Act (SEQRA) application, zoning request, computer design, etc.) or physical demarcation (including boundary signs, lot stakes, surveyor markings, etc.) indicating that construction activities may occur on a specific plot. 303(d) LIST - A list of all surface waters in the state for which beneficial uses of the water (drinking, recreation, aquatic habitat, and industrial use) are impaired by pollutants, prepared periodically by the Department as required by Section 303(d) of the Clean Water Act. 303(d) listed waters are estuaries, bays, creeks, lakes and streams that fall short of state surface water quality standards and are not expected to improve within the next two years. MAINTENANCE AGREEMENT - A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices. MUNICIPAL PERMIT - Any permit, grant, approval, license, certificate or other authorization issued by the Town of Southold, including but not limited to permits for building, grading, demolition, cleating and excavation and subdivision and site plan approvals. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) - A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, culverts, sumps, dikes, dams, man-made channels, boat ramps or storm drains and other MS4 Control Systems): 1. Owned or operated by the Town of Southold, State, County or Village; 2. Designed or used for collecting or conveying stormwater; 3. Which is not a combined sewer; and 4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2 NATURAL DRAINAGE - The stormwater runoff patterns resulting from topographical and geological surface conditions, prior to clearing, regrading or construction. NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff, dune or wetland and the vegetation thereon. NATURAL WATERCOURSE - The route formed by natural processes, topography and geology leading to a natural watershed. NATURAL WATERSHED - An area of land which, in its natural state and prior to any man-made change, and due to its topography and geology, drains to a particular location within that area. NONPOINT SOURCE POLLUTION - Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal, residential, commercial and urban runoff sources. NON-STORMWATER DISCHARGE - Any discharge to the MS4 that is not composed entirely of stormwater. ONE-HUNDRED-YEAR FLOODPLAIN - The land ama subject to the highest level of flooding that, on the average, is likely to occur once every 100 years (i.e., that has a one-pement chance of occurring each year), as said level is shown on the Federal Emergency Management Agency Flood Insurance Rate Maps on file in the Southold Town Building Department. PERVIOUS SURFACE - A pervious surface is one that has the ability to be readily penetrated by stormwater or other runoff. Pervious pavement mixtures contain little or no fine particles creating a substantial void content while still maintaining its structure integrity. Aggregate materials typically consist of #1 or #2 rounded "rock like" fragments using sufficient approved cementitious materials, paste or bonding agents to permanently fasten aggregate particles together to create a system of highly February 14, 2012 Southold Town Board Meeting Minutes Page 55 permeable, interconnected voids that freely drain. Typically, between 15% and 25% of interconnected voids are required for consideration as a pervious pavement. The flow rate of water through pervious surfaces is typically around five (5) gallons per square foot/per minute or higher. PHASING - Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next. POLLUTANT - Dredged spoil, filter backwash, solid waste, incinerator residue, treated or untreated sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand and industrial, municipal, agricultural waste and ballast discharged into water; which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of the standards. POLLUTANT OF CONCERN - Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body, such as pathogens, phosphorous, heavy metals or dissolved oxygen that will receive a discharge from the land development activity. PREMISES - Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. PROJECT - Land development activity. QUALIFIED INSPECTOR - A person that is knowledgeable in the principles and practices of erosion and sediment control, such as a licensed Professional Engineer, Certified Professional in Erosion and Sediment Control (CPESC), Registered Landscape Architect, or other Department endorsed individual(s). QUALIFIED PROFESSIONAL - A person that is knowledgeable in the principles and practices of stormwater management and treatment, such as a licensed Professional Engineer, Registered Landscape Architect or other Department endorsed individual(s). Individuals preparing SWPPPs that require the post-construction stormwater management practice component must have an understanding of the principles of hydrology, water quality management practice design, water quantity control design, and, in many cases, the principles of hydraulics in order to prepare a SWPPP that conforms to the Department's technical standard. All components of the SWPPP that involve the practice of angineering, as defined by the New York State Education Law (see Article 145), shall be prepared by, or under the direct supervision of, a Professional Engineer licensed to practice in the State of New York. RECHARGE - The replenishment of underground water reserves. RESPONSIBLE PARTY - Owners and occupants of premises, applicants for municipal permits, and any other person or entity contributing to an act regulated by this chapter. SEDiMENTATION - The processes that operate at or near the surface of the ground to deposit soils, debris and other materials either on other ground surfaces or in water channels. SEDIMENT CONTROL - Measures that prevent eroded sediment from leaving the site. SENSITIVE AREAS - Cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species. SITE PREPARATION - The activities of stripping, clearing, grubbing, excavating, filling, and grading to facilitate construction or other use of the land. STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-0-10-001 - A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land. SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-0-10-002 - A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with United States Environmental Protection Agency (EPA) established water quality standards and/or to specify stormwater control standards. SPECIAL CONDITIONS - 1. Discharge Compliance with Water Quality Standards. The condition that applies where February 14, 2012 Southold Town Board Meeting Minutes Page 56 The Town of Southold has been notified that the discharge of stormwater authorized under their MS4 permit may have caused or has the reasonable potential to cause or contribute to the violation of an applicable water quality standard. Under this condition the Town must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards. 2. 303(d) Listed Waters. The condition in the Town's MS4 permit that applies where the MS4 discharges to a 303(d) listed water. Under this condition the stormwater management program must ensure no increase of the listed pollutant of concern to the 303(d) listed water. 3. Total Maximum Daily Load (TMDL) Strategy. The condition in the Town's MS4 permit where a TMDL including requirements for control of stormwater discharges has been approved by EPA for a waterbody or watershed into which the MS4 discharges. 4. The condition in the Town's MS4 permit that applies if a TMDL is approved in the future by EPA for any waterbody or watemhed into which an MS4 discharges. Under this condition the Town must review the applicable TMDL to see if it includes requirements for control of stormwater discharges. If an MS4 is not meeting the TMDL stormwater allocations, the Town must, within six (6) months of the TMDL's approval, modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved. STABILIZATION - The use of practices that prevent exposed soil from eroding. STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) - The system established pursuant to Article 17 of the ECL and 6 NYCRR Part 750 for issuance of permits authorizing discharges to the waters of the State. STOP WORK ORDER - An order issued which requires that all construction activity on a site be stopped. STORMWATER - Rainwater, surface runoff, snowmelt and drainage. STORMWATER HOTSPOT - A land use or activity that generates higher concentrations of pollutants of concern or toxicants than are found in typical stormwater runoff, based on monitoring studies. STORMWATER MANAGEMENT - The use of structural or non-structural practices that am designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment. STORMWATER MANAGEMENT CONTROL PLAN - The plan required by the Town to comply with the provisions of this Chapter. For the purposes of this Chapter, a Stormwater Pollution Prevention Plan, when required by the Department's regulations, will qualify as a Stormwater Management Control Plan. STORMWATER MANAGEMENT FACILITY - One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff. STORMWATER MANAGEMENT OFFICER (SMO) - An employee or officer designated by the Town to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices STORMWATER MANAGEMENT PRACTICES (SMPs) - Measures, either structural or nonstructuml, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint soume pollution inputs to stormwater runoff and water bodies. STORMWATER POLLUTION PREVENTION PLAN (SWPPP) - A plan for controlling stormwater runoff and pollutants from a site during and after construction activities. STORMWATER RUNOFF - That part of stormwater that flows over the land surface. STRIPPING - The process of mechanically scraping away topsoil. STRUCTURE - Any object constructed, erected, installed or placed on land or in water, including buildings, sheds, mobile homes, tanks, bulkheads, piers and docks and any additions or alterations thereto. February 14, 2012 Southold Town Board Meeting Minutes Page 57 SURFACE WATERS OF THE STATE OF NEW YORK - Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, wetlands, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and ail other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the State or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition are not waters of the State. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the State (such as a disposal area in wetlands) nor resulted from impoundment of waters of the State. Waters of the State are further defined in 6 NYCRR Parts 800-941. TEMPORARY STABLIIZATION - That exposed soil has been covered with material(s) as set forth in the technical standard, New York Standards and Specifications for Erosion and Sediment Control, to prevent the exposed soil from eroding. The materials can include, but are not limited to, mulch, seed and mulch, and erosion control mats (e.g., jute twisted yam, excelsior wood fiber mats). TOPSOIL - The uppermost layer of soil, usually the top 15 to 20 centimeters, it having the highest concentration of organic matter and microorganisms, and where most of the Earth's biological soil activity occurs. TOTAL MAXIMUM DAILY LOAD (TMDL) - A TMDL is the sum of the allowable loads of a single pollutant from all contributing point and nonpoint sources. It is a calculation of the maximum amount of a pollutant that a waterbody can receive on a daily basis and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL stipulates wasteload allocations (WLAs) for point source discharges, load allocations (LAs) for nonpoint sources, and a margin of safety (MOS). TRAINED CONTRACTOR - An employee from the contracting (construction) company that has received four (4) hours of Department endorsed training in proper erosion and sediment control principles from a Soil and Water Conservation District, or other Department endorsed entity. After receiving the initial training, the trained contractor shall receive dour (4) hours of training every three (3) years. WASTEWATER - Water that is not stormwater, is contaminated with pollutants and is or will he discarded. WATER QUALITY STANDARD - Such measures of purity or quality for any waters in relation to their reasonable and necessary use as promulgated in 6 NYCRR Part 700 et seq. WATERCOURSE - A permanent or intermittent stream or other body of water, either natural or man- made, which gathers or carries surface water. WATERWAY - A channel that directs surface runoffto a watercourse or to the public storm drain. § 236-6. Applicability and prohibitions. This chapter shall apply to all property within the Town of Southold and shall govern: A. Applicability 1. All grading, drainage and erosion control, whether or not a permit is required; 2. All new or replaced impervious surface and all land development activities, whether or not a permit is required; 3. All discharges directly or indirectly to a highway or public right-of-way, public drainage control system, neighboring property, wetland or public waterway; and 4. All new and existing land uses within the Town. 5. All water entering the MS4 generated on any developed and undeveloped lands unless explicitly exempted by an authorized enfomement agency. B. General Prohibitions The lbllowing items are not authorized under this Chapter: 1. Discharges after land development activities have been completed and the site has undergone final stabilization. Page 58 February 14, 2012 Southold Town Board Meeting Minutes 3. 4. 5. Discharges that are mixed with sources of non-stormwater other than those authorized in §236-24(1) of this chapter and identified in a SWPPP required by this chapter. Discharges that are required to obtain an individual SPDES Permit or another SPDES General Permit by the Department. Discharges from land development activities that adversely affect a listed, or proposed to be listed, endangered or threatened species, or its critical habitat. Discharges which either cause or contribute to a violation of water quality standards adopted pursuant to the State Environmental Conservation Law and its accompanying regulations. Land Development activities for residential, commercial and institutional projects that disturb one or more acres of land with no existing impervious cover and where the Soil Slope Phase is identified as an E or F on the USDA Soil Survey for Suffolk County. Land development activities for linear transportation projects and linear utility projects that disturb two or more acres of land with no existing impervious cover and where the Soil Slope Phase is identified as an E or F on the USDA Soil Survey for Suffolk County. Land development activities that adversely affect a property that is listed or is eligible for listing on the State or National Register of Historic Places, unless there are written agreements in place with the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) or other governmental agencies to mitigate the effects, or there are local land use approvals evidencing the same. §236-7. Performance and design criteria for stormwater management and erosion and sediment control. All land development activities shall be subject to the following performance and design criteria: A. Ali land-disturbing activities or the addition or replacement of impervious surfaces shall provide temporary and permit construction controls and shall be required to contain a two-inch rainfall on site, even where approval of the Stormwater Management Officer is not required under this Chapter. B. Technical Standards: For the purpose of this Chapter, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater Management Practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed herein: 1. The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the Design Manual). 2. New York Standards and Specifications for Erosion and Sediment Control (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereinafter ret~rred to as the Erosion Control Manual C. Equivalence to Technical Standards: Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in §236-7 (A) and the SWPPP shall be prepared by a design professional. D. Water Quality Standards: Any land development activity shall not cause or contribute to a violation of water quality standards as contained in Parts 700 through 705 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York, such as: 1. There shall be no increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the state of New York; 2. There shall be no increase in suspended, colloidal or settleable solids that will cause deposition or impair the waters for their best usages; and 3. There shall be no residue from oil and floating substances, nor visible oil film nor globules of grease. Page 59 February 14, 2012 Southold Town Board MeetingMinutes § 236-8. Stormwater Management Officer and authority. The Town Board shall designate Stormwater Management Officers by resolution. The Stormwater Management Officers shall have the following authority: A. To accept and review all stormwater pollution prevention plans and approve such plans prior to the approval of any municipal board. B. Upon approval of the Town Board, engage the services of a registered professional engineer to review plans, specifications and related documents and for such costs to be paid by the applicant. C. Accept the certification of a Qualified Professional that the plans conform to the requirements of this Law. § 236-9 A. Maintenance, inspection and repair of stormwater facilities. Maintenance and Inspection During Construction. 1. The applicant or developer of any land development activity proposed under this chapter, as set forth in Articles ii and/or III, or their representative shall, at all times, properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant to achieve compliance with the requirements of this Chapter. Sediment shall be removed from any sediment traps or sediment ponds whenever their design capacity has been reduced by fifty (50%) percent. 2. For land development activities as defined in Article III, §236-19, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven (7) days and within 24 hours of any storm event producing 0.5 inches of precipitation or more. Inspection reports shall ' be maintained in a site log book. 3. For land development activities regulated under Articles II and/or III, the applicant or developer or their representative shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. Maintenance Easements. Prior to the issuance of any approval for those activities regulated under Article III that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stonnwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Southold to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this local law. The easement shall be recorded by the applicant or developer in the office of the County Clerk after approval by the Town Attorney. Inspection After Construction. Inspection for Stormwater Management Control Plan compliance shall be conducted by the Stormwater Management Officer for those activities regulated under Articles II and/or III to determine that the work has been completed in accordance with such plan. The plan may be modified by mutual agreement if, during or after installation, the Stormwater Management Officer deems that the installed measures are not adequate to meet the performance standards or if alternatives would better meet the Code requirements. If no agreement is reached, the Stormwater Management Officer may require the submission of a modified plan in order to maintain compliance with this chapter. Maintenance after Construction. The owner or operator of permanent stormwater management practices installed in accordance with Article III of this Chapter shall ensure they are operated and maintained to achieve the goals of this Chapter. Proper operation and maintenance also includes at a minimum, the following: February 14, 2012 Southold Town Board Meeting Minutes Page 60 1. A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this chapter. 2. Written procedures for operation and maintenance and training new maintenance personnel. 3. Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with Article I of this Chapter, §236-7(D) Water Quality Standards. Restoration. For land development activities regulated under Articles II and/or III, any clearing, excavation or development of land in violation of this chapter shall be corrected forthwith after written notice by the Stormwater Management Officer. In the event that corrective action is not taken as directed within a reasonable time, the Town may, at its own expense, take corrective action to restore the property or initiate legal action against any responsible party, owner, occupant, builder, architect, contractor or their agents, or any other person undertaking land development activities regulated under Articles II and/or III to prevent unlawful or unauthorized activity. The cost of restoration shall become a lien upon the property upon which such unlawful activity occurred. Maintenance Agreements. For land development activities regulated under Article III, the Town of Southold shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. § 236-I0. Exemptions. The following activities shall be exempt from review under this law unless the Department or Town SMO has determined that the activity is a substantial contributor of pollutants to a particular MS4 covered under the SPDES General Permit; the Department or Town SMO requires such activities in a particular watershed; and the activity is designated within the SWMPP as draining into the MS4 and subsequently discharges into the surface waters of the State directly or through other MS4s: A. Agricultural production as defined in this Chapter. However, this exemption does not extend to the operation of a dude ranch or similar operation or to the construction of new structures associated with agricultural production. B. Routine maintenance activities that disturb less than 5,000 sq. ft. and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility. C. Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer. D. Any part of a subdivision road and drainage plan if a plat for the subdivision has been approved by the Town of Southold Planning Board and constructed on or before the effective date of this Chapter. E. Land development activities for which an unexpired building permit has been approved on or before the effective date of Chapter 236. F. Individual cemetery grave sites in a developed or pre-existing cemetery. G. Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles. H. Emergency activity immediately necessary to protect life, property or natural resources. I. Activities of an individual engaging in home gardening by growing flowers, vegetable and other plants primarily for use by that person and his or her family. J. Landscaping and horticultural activities in connection with an existing structure, with a disturbance of less than 5,000 sq. ft. of land. K. Minor clearing or excavation work not incident to a substantial change in the existing use of the land, which may be reasonably expected not to contribute to any additional on-site-generated runoff or degradation of any lands or water beyond the boundaries of the property involved. February 14, 2012 Southold Town Board Meeting Minutes Page 61 Emergency repairs on public or private objects, necessary for the preservation of life, health or property, or taken to implement and accomplish the beneficial purpose of this chapter as set forth herein under such cimumstances where it would be impracticable to obtain approval prior to making such emergency repairs. Following such an emergency situation, however, any approvals required by this chapter shall be obtained. Routine maintenance or repair work on public or private roads or utility line rights-of-way where interim and permanent stormwater runoff control measures will be undertaken. To the maximum extent practicable, vegetation shall be used as a stabilizer and method of filtering and slowing stormwater flow from road surfaces. Pervious structures, e.g., open decks, where the removal of topsoil allows for the recharge of groundwater. § 236-11. Approved plans. Plans approved by the Building Inspector in conjunction with the issuance of a building permit with an approved Stormwater Management Control Plan are binding as against future purchasers, granting the Town permission to enter the property for compliance enforcement purposes, and containing a summary of the plan's requirements. Prior to obtaining a certificate of occupancy from the Building Inspector, an as-built drawing illustrating the as-built location and dimension of any stormwater management control measures from at least two comers of the foundation of the principal structure or other fixed locations shall be submitted to the Building Inspector. When necessary, the Town may also require the filing of Covenants & Restrictions to be filed with the County Clerk as a condition of approval. § 236-12. Amendments and modifications to Stormwater Management Control Plan. A. An application for an amendment to a previously approved Stormwater Management Control Plan shall include the previously approved Plan, together with all amendments noted therein. The SMO shall determine compliance with this Chapter as of the date of submission thereof. B. Upon its review of an application for amendment(s) to a previously approved Stormwater Management Control Plan, the SMO must make a finding that all standards are satisfied and may impose such reasonable conditions as it deems appropriate or any reasonable modification to the plan as the SMO deems appropriate in cormection with its approval of the proposed Amendment. C. The applicant must keep the SWPPP current so that it at all times accurately documents the erosion and sediment control practices that are being used or will be used during construction, and all post-construction stormwater management practices that will be constructed on the site. At a minimum, the applicant shall amend the SWPPP (1) whenever the current provisions prove to be ineffective in minimizing pollutants in stormwater discharges from the site, (2) whenever there is a change in design, construction or operation at the construction site that has or could have an effect on the discharge of pollutants, and (3) to address issues or deficiencies identified during an inspection by the Qualified Inspector, the Department, the Town, or other regulatory authority. D. The Department or SMO may notify an applicant at any time that the SWPPP does not meet one or more of the minimum requirements of this chapter or the General Permit. The notification shall be in writing and identify the provisions of the SWPPP that require modification. Within fourteen (14) calendar days of such notification, or as otherwise indicated by the SMO, the applicant shall make the required changes to the SWPPP and submit written notification to the Town that the changes have been made. If the applicant does not respond to the Department's or Town's comments in the specified time frame, the Town may revoke the SMO approval. ARTICLE II REQUIREMENTS FOR ALL STORMWATER DISCHARGES February 14, 2012 Southold Town Board Meeting Minutes Page 62 § 236-13. Requirements for all stormwater discharges. For all stormwater discharges, responsible parties shall implement and maintain operational source controls to include but not be limited to: A. Installation of drainage control structures to contain and recharge all runoff generated by development. B. Maintaining private roads, streets, driveways, parking lots and walkways. C. Identifying and eliminating unauthorized connections to Town drainage control systems and public rights-of-way. D. Maintaining and protecting natural drainage patterns. E. Maintaining and protecting natural watersheds. F. Identifying and eliminating stormwater that is generated by the proposed development from discharging to adjacent properties. § 236-14. Requirements for all land-disturbing activities or impervious surfaces. All land-disturbing activities or addition or replacement of impervious surfaces shall provide temporary and permanent construction controls and shall be required to contain a two-inch rainfall on site, even where an approval of the SMO is not required under this chapter. All applicants for municipal permits shall demonstrate to the satisfaction of the SMO that the proposed activities can meet this standard, either by the installation of gutters, leaders, drywells or other measures, prior to the issuance of such a municipal permit. § 236-15. Activities requiring stormwater management control approval. None of the following activities shall be undertaken until an approval of the SMO has been issued under the provisions of this chapter. A. Clearing, grubbing, grading or stripping which affects more than 5,000 square feet of ground surface. B. Excavation or filling involving more than 200 cubic yards of material within any parcel or any contiguous area. C. Site preparation on slopes which exceed 10 feet of vertical rise to 100 feet of horizontal distance. D. Site preparation within 100 feet of wetlands, beach, bluff or coastal erosion hazard area. E. Site preparation within the one-hundred-year floodplain as depicted on FIRM Map of any watercourse. F. Installation of new or resurfaced impervious surfaces of 1,000 sq. ft. or more, unless prior approval of a Stormwater Management Control Plan was received by the Town and the proposal includes in-kind replacement of impervious surfaces. § 236-16. Compliance. A. All development, construction, excavation and landscaping activities regulated by this Chapter shall be conducted in accordance with an approved Stormwater Management Control Plan. B. Where a subdivision plat or site plan approval has been obtained and drainage has been addressed to the satisfaction of the SMO, the SMO may consider such approval in satisfaction of these requirements. However, all development on individual lots in an approved subdivision shall remain subject to these requirements on an individual basis. § 236-17. Application process. A. Any applicant for a municipal approval to conduct a development, construction, construction activity, land development activity or excavation activity within the Town of Southold shall complete a stonnwater assessment form to assist in determining compliance with this chapter. Applicants that meet the threshold set forth above and require a Stormwater Management Control February 14, 2012 Southold Town Board Meeting Minutes Page 63 approval shall also submit Stormwater Management Control Plan to the Board/Town Department reviewing the municipal approval application. Upon receipt by the Board/Town Department reviewing the application to conduct any activity regulated by this chapter, the Board/Town Department reviewing the municipal approval application shall refer the proposed Stormwater Management Control Plan to the SMO for comment and recommendation. No municipal approval shall be issued for activities requiring a Stormwater Management Control approval pc, ma~, nor shall any application therefor be deemed complete, until the SMO has have first issued his or her approval of the Stormwater Management Control Plan. Such plan shall contain the following elements where required by the SMO, which may be integrated into a site plan or subdivision plat submitted for approval pursuant to applicable Town law: (1) A general location map drawn to a scale of not less than 2,000 feet to one inch showing the relationship of the site to its general surroundings. (2) A plan of the site drawn to a scale of not less than 60 feet to the inch showing the location and description of property boundaries, site acreage, existing natural and man-made features on and within 500 feet of the site boundary, including roads, structures, water sources, drainage structures, utilities, topography including existing contours with intervals of not more than five feet where the slope is 10% or greater and not more than two feet where the slope is less than 10%, test hole indicating soil characteristics, location of wooded areas, the depth to seasonal h/gh water table and a copy of the Soil Conservation District soil survey. (3) Background information about the scope of the project and location and description of proposed changes to the site and existing development on the site, which includes: (a) All improvements including total area of land disturbance and total site area. (b) All excavation, filling, stripping and grading proposed to be undertaken, identified as to the depth, volume, and nature of the materials involved; (c) All areas requiring clearing, identified as to the nature of vegetation affected; (d) All areas where topsoil is to be removed and stockpiled and where topsoil is to be ultimately placed; (e) All temporary and permanent vegetation to be placed on the site, identified as to planting type, size, and extent; (t) All temporary and permanent stormwater runoff control measures identified as to the type of facility, the materials from which it is constructed, its dimensions, and its capacity in cubic feet, including soil stabilization techniques and stormwater drainage and storage systems, including ponds, recharge and sediment basins (g) The anticipated pattern of surface drainage during periods of peak runoff, upon completion of site preparation and construction activities, identified as to rate and direction of flow at all major points within the drainage system; (h) The location of all roads, driveways, sidewalks, structures, utilities, and other improvements including temporary access and construction staging areas; and (i) The existing and final contours of the site at intervals of not more than 5 feet where the slope is 10% or greater and not more than 2 feet where the slope is less than 10%. (4) A schedule of the sequence of installation of planned soil erosion, sedimentation and stormwater runoff control measures as related to the progress of the project, including anticipated starting and completion dates. (5) Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavating and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. February 14, 2012 Southold Town Board Meeting Minutes Page 64 (6) Description of pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff. (7) A description of the minimum erosion and sediment control practices to be installed or implemented for each construction activity that will result in soil disturbance. Include a schedule that identifies the timing of initial placement or implementation of each erosion and sediment control practice and the minimum time frames that each practice should remain in place or be implemented. (8) Description of construction and waste materials expected to be stored on-site with updates as appropriate, and a description of controls to reduce pollutants from these materials including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response. (9) Temporary and permanent soil stabilization plan that meets the requirements of the most current version of the technical standard, New York State Standards and Specifications for Erosion and Sediment Control for each stage of the project, including initial land clearing and grubbing to project completion and achievement of final stabilization. (10) A site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map shall show the total site area; all improvements; areas of disturbances; areas that will not be disturbed; existing vegetation on-site and adjacent off- site surface water(s) wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of different soil types with boundaries; material, waste, borrow or equipment storage areas located on adjacent properties; and location(s) of stormwater discharge(s); and the specific location(s), size(s), and length(s) of each erosion and sediment control practice. (11) Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins. (12) Temporary practices that will be converted to permanent control measures. (13) Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place. (14) Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practices. (15) Name(s) of the potential surface waters of the State of New York and/or the receiving MS4. (16) Delineation of Stormwater Management Control Plan implementation responsibilities for each part of the site. (17) Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable. (18) Any other existing data that describes the stormwater runoff at the site. (19) The applicant must identify the contractor(s) and subcontractor(s) that will be responsible for installing, constructing, repairing, replacing, inspecting and maintaining the erosion and sediment control practices include in the SWPPP. § 236-18. Performance standards for approval of Stormwater Management Control Plan. A. The site erosion, sedimentation and stormwater runoff control measures shall be appropriate for existing topography, vegetation and other salient natural features of the site. The plan shall indicate that the development will preserve natural features, minimize grading and cut and fill operations, ensure conformity with natural topography, and retain natural vegetation and trees to February 14, 2012 Southold Town Board Meeting Minutes Page 65 C. D. E. the maximum extent practicable in order to create the least erosion potential and adequately handle the volume and rate or velocity, of surface water runoff. Site grading, excavation and filling shall minimize destruction of natural vegetation, the potential for erosion, sedimentation and stormwater runoff and the threat to the health, safety and welfare of neighboring property owners and the general public. Erosion, sedimentation and stormwater runoff shall be controlled prior to, during, and after site preparation and construction. During grading operations, appropriate measures for dust control shall be undertaken. Areas exposed by site preparation shall be protected during site construction with hay bales, silt fencing, temporary vegetation and/or mulching to meet the requirements of the NYSDEC Erosion Control Manual. Natural drainage patterns shall be protected and incorporated into site design. Where natural drainage patterns are demonstrated to be adversely affecting a beach, or surface waters of the State of New York as defined herein drainage patterns may be altered in a manner which reduces the threat to such beach or surface waters of the State of New York as defined herein and does not create other flooding or erosion problems. Site preparation, including stripping of vegetative cover and grading, shall be undertaken so that no individual building site is stripped of its vegetation cover more than 30 days prior to commencement of construction. Soils exposed or disturbed by site preparation shall remain so for the shortest practical period of time during site clearing, construction and restoration. Disturbed soils shall be stabilized and re-vegetated or seeded as soon as practicable. During the interim, erosion protection measures such as temporary vegetation, retention ponds, recharge basins, berming, silt traps and mulching shall be used to ensure that sedimentation is minimized and mitigated. In no case shall stormwater be diverted to another property either during site preparation or after development. In appropriate cases, with the approval of the Superintendent of Highways, drainage control measures may be implemented in the right-of-way attendant to an adjacent Town highway, at the applicant's expense. During the construction period, disposal of stormwater runoff generated by development activity shall be handled on site. Baling, mulching, debris basins, silt traps, silt fencing, use of fibrous cover materials or similar measures shall be used to contain soil erosion on the site. All projects, regardless of the area of groundwater removal and/or grading, shall retain a natural vegetative buffer zone along water bodies, including wetlands and marshes, as may be required by Chapter 275 by the Board of Trustees. If necessary, other forms of erosion control measures will also be included. Natural land features such as shallow depressions shall be used, wherever possible, to collect stormwater on-site for recharge. Site designs shall minimize impern~eable paving. Stormwater runoff shall not be directly discharged to surface waters of the State of New York as defined herein. Stormwater pollutants shall not be discharged directly into a surface water of the State of New York as defined herein but shall be attenuated by using holding ponds, sedimentation basins, perimeter berming, vegetated buffer areas and other measures that reduce flow velocity and increase storage time. Pollutants shall not be discharged into wetlands. In addition, any filtering devices constructed as part of the drainage system must be adequately maintained in order to function properly. All wetland vegetation shall be maintained. Dredging and site construction should not disturb wetlands either by direct removal of vegetation or substrate, or by the alteration of adjacent slopes that would undermine the stability of the substrate unless permitted by Chapter 275. Grading equipment shall not be allowed to enter into or cross any watercourse or wetland without an approved SWPPP, Department approval, or in compliance with Chapter 275. February 14, 2012 Southold Town Board Meeting Minutes Page 66 Subsurface sediments shall be maintained to provide structural support for the soils of the wetlands. The elevation of a wetland shall not be altered unless it is part of a Wetland Restoration Project approved by the Town and/or the Department. No vegetation required by any agency as a buffer to a natural protective feature shall be disturbed by grading, erosion, sedimentation, or direct removal of vegetation. Fill shall not encroach on natural watercourses, constructed channels, wetlands, or floodway areas. All fill shall be compacted at a final angle of repose which provides stability for the material, minimizes erosion and prevents settlement. All temporary stockpiles and/or graded areas shall be protected with erosion control measures to include, but not be limited to, hay bales, silt fencing, and vegetation to meet the minimum requirements of the NYS Stormwater Design Manual. Trails and walking paths along water bodies shall be sited and constructed so they are not a source of sediment, as may be required by Chapter 275 and/or as part of an approved SWPPP. The amount and velocity of runoff from a site after development shall approximate its predevelopment characteristics. However, if the site is adjacent to coastal waters, stormwater shall be contained on-site, to the maximum extent practicable, to prevent direct discharge of runoff to coastal waters. Natural floodplains and major drainage swales shall not be altered or disturbed in a manner which decreases their ability to accommodate and channel stonnwater runoff and floodwaters. If no practicable alternative to the location of development, roadway, driveways, and similar surfaces within these areas exists, such facilities shall be sited and constructed to minimize and mitigate the amount and velocity of stormwater entering the channel, floodplain or swale and to approximate the original functions of the undisturbed condition. No land having a slope equal to or greater than 20% shall be developed or disturbed except for conservation measures or measures intended to remove debris which inhibits the functioning of natural or engineered drainage and erosion control measures except accessways to shorelines permitted by Chapter 275. Natural vegetation and topography shall be retained to stabilize soils and reduce the volume of stormwater overflow. On lands having slopes of less than 20%, but composed of highly erodible soils, development proposals shall include consideration of the load-bearing capacity of the soils. Unless it can be demonstrated that the soils can be stabilized with a minimum of on-site disturbance and no adverse impacts to the stability of neighboring properties, the development proposal shall not be approved as submitted. All permanent and/or {final) vegetation and mechanical erosion control measures called for in approved plans shall be installed within the time limits specified by the Stormwater Management Officer, and no later than the time limits specified by the Storu~water Management Officer or noted in the Stormwater Management Control Plan. ARTICLE III ADDITIONAL REQUIREMENTS §236-19. Activities covered. A. Construction activities that discharge or potentially discharge stormwater to surface waters, whether directly or via an MS4, and that fall within any one of the below categories will require the submission of a SWPPP as set forth in §236-20(C)(1) of this chapter which includes only erosion and sediment controls. (1) Construction activities that involve soil disturbance of one (1) or more acres of land, but less than five (5) acres: (a) Single-family residential subdivisions with 25% or less impervious cover at total site build-out; February 14, 2012 Southold Town Board Meeting Minutes Page 67 (b) Construction of a barn or other agricultural building, silo, stock yard or pen; and (c) Single-family hoxnes that do not meet any of the thresholds set forth in §236- 19(B). (2) The following construction activities that involve soil disturbances of one (i) or more acres of land: (a) Installation of underground, linear utilities, such as gas lines, fiber-optic cable, cable TV, electric, telephone, sewer mains, and water mains; (b) Environmental enhancement projects, such as wetland mitigation projects, stormwater retrofits and stream restoration projects; (c)Bike paths and trails; (d) Sidewalk construction projects that are not part of a road/highway construction or reconstruction project; (e)Slope stabilization projects; (f) Slope flattening that changes the grade of the site, but does not significantly change the runoff characteristics; (g)Spoil areas that will be covered with vegetation; (h) Land clearing and grading for the purposes of creating vegetated open space (i.e., recreational parks, lawns, meadows, fields), excluding projects that alter hydrology from pre to post development conditions; (i) Athletic fields (natural grass) that do not include the construction or reconstruction of impervious area and do not alter hydrology from pre to post development conditions; (j) Demolition project where vegetation will be established and no redevelopment is planned; (k) Overhead electric transmission line project that does not include the construction of permanent access roads or parking areas surfaced with impervious cover; and (1) Structural practices as identified in Table II in the "Agricultural Management Practices Catalog for Nonpoint Soume Pollution in New York State", excluding projects that involve soil disturbances of less than five (5) acres and construction activities that include the construction or reconstruction of impervious area. Construction activities that discharge or potemially discharge stormwater to surface waters, whether directly or indirectly via an MS4, and that meet any one of the below thresholds, shall also include water quantity and quality controls (post-construction stormwater runoff controls) as set forth in §236- 20(C)(2) as applicable: (1) Stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the New York State Department of Environmental Conservation's §303(d) list of impaired waters or a Total Maximmn Daily Load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment. (2) Stormwater runoff from land development activities disturbing five (5) or more acres. (3) Stormwater runoff from land development activity disturbing between one (1) and five (5) acres of land during the course of the project, exclusive of the construction of single family residences and construction activities at agricultural properties. (4) Stonnwater runoff from land development activity associated with single-family homes directly discharging to 303(d) segments impaired by pollutants related to land development activities as identified in the New York State Department of Environmental Conservation SPDES General Permit for Construction Activities (GP-0-10-001), as amended. (5) Stormwater runoff from land development activity associated with single-family residential subdivisions directly discharging to 303(d) segments impaired by pollutants February 14, 2012 Southold Town Board Meeting Minutes Page 68 related to land development activities as identified in the New York State Department of Environmental Conservation SPDES General Permit for Construction Activities (GP-0- 10-001 ), as amended. §236-20. Application process. A. Any applicant for an activity that requires approval of the SMO for land development activities within the Town of Southold that meets any of the thresholds set forth in §236-19 shall comply with the New York State Department of Environmental Conservation SPDES General Permit for Construction Activities (GP-0-10-001), as amended, and complete a stormwater assessment form to assist in determining compliance with this chapter. The application shall include a Stormwater Pollution Prevention Plan (SWPPP) which should be submitted to the Building Department. B. Upon receipt by the SMO of any application for an approval, the SMO may refer the proposed SWPPP to the Town Engineering Department for comment and recommendations. No municipal permit that shall be issued for activities requiring an approval of the SMO, nor shall any application therefore be deemed complete until the SMO has issued an approval of the SWPPP and has issued a formal SWPPP Acceptance Form. C. SWPPP Requirements. (1) The SWPPP shall include, at a minimum, the following: (a) All information required in §236- 17(C) of this Chapter; (b) Identification of potential sources of pollution which may reasonably be expected to affect the quality of stormwater discharges; (c) Documentation supporting the determination of approval with regard to Historic Places or Archeological Resources. At a minimum, the supporting documentation shall include: (i) Information on whether the stormwater discharge or land development activities would have an effect on a property (historic or archeological resource) that is listed or eligible for listing on the State or National Register of Historic Places; (ii) Results of historic resources screening determinations conducted. Information regarding the location of historic places listed, or eligible for listing, on the State or National Registers of Historic Places and areas of archeological sensitivity that may indicate the need for a survey can be obtained online by viewing the New York State Office of Parks, Recreation and Historic Places (OPRHP) online resoumes located on their website; (iii) A description of measures necessary to avoid or minimize adverse impacts on places listed, or eligible for listing, on the State or National Register of Historic Places. If the applicant fails to describe and implement such measures, the stormwater discharge is ineligible for coverage under this permit; and (iv) Where adverse effects may occur, any written agreements in place with OPRHP or other governmental agency to mitigate those effects, or local land use approvals evidencing the same. (d) A description of the soil(s) present at the site, including an identification of the Hydrolic Soil Group (HSG); (e) Identification of any elements of the design that are not in conformance with the Design Manual. Include the reason for the deviation or alternative design and provide infor~nation which demonstrates that the deviation or alternative design is equivalent to the technical standards; February 14, 2012 Southold Town Board Meeting .Minutes Page 69 (f) A hydrologic and hydraulic analysis for all structural components of the stormwater management control system; (g) A detailed summary (including calculations) of the sizing criteria that was used to design all post-construction stormwater management practices. At a minimum, the summary shall address the required design criteria from the Design Manual; including the identification of and justification for any deviations from the Design Manual, and identification of any design criteria that are not required based on the design criteria or waiver criteria included in the Design Manual; (h) An operations and maintenance plan that includes inspection and maintenance schedules and actions to ensure continuous and effective operation of each post- construction stormwater management practice. The plan shall identify the entity that will be responsible for the long-term operation and maintenance of each practice. (2) For construction activities that meet any of the thresholds in §236-19(B), these additional post construction stormwater runoff controls shall be included in the SWPPP: (a) Description of each post-construction stormwater management practice to be constructed as part of the project; (b) Site map/construction drawing(s) showing the specific location(s) and size (s) of each post-construction stormwater management practice; (c) Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms; (d) Comparison of post-development stormwater runoffconditions with pre- development conditions; (e) Dimensions, material specifications and installation details for each post- construction stormwater management practice; (f) Maintenance schedule provided by the contractor(s) to ensure continuous and effective operation of each-post construction stormwater management practice; (g) Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property. (h) Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with §236-9(B) (See Above Article I Maintenance Easement(s)). (i) For those activities that meet the threshold set forth in §236-I 9(B)(1), the SWPPP shall be prepared by a qualified professional that is knowledgeable in the principles and practices of stormwater management and treatment and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements of this Chapter. Any applicant for an activity shall not disturb greater than five (5) acres of soil at any one time without prior written authorization from the Department or the SMO. At a minimum, the applicant must comply with the following requirements in order to be authorized to disturb greater than five (5) acres of soil at any one time: (1) The applicant shall have a Qualified Inspector conduct at least two (2) site inspections in accordance with the General Permit (GP-0-10-001), every seven (7) calendar days, for as long as greater than five (5) acres of soil remain disturbed. The two (2) inspections shall be separated by a minimum of two (2) full calendar days. (2) In areas where soil disturbance activity has been temporarily or permanently ceased, temporary and/or permanent soil stabilization measures shall be installed and/or implemented within seven (7) days from the date the soil disturbance activity ceased. The soil stabilization measures selected shall be in conformance with the most current February 14, 2012 Southold Town Board Meeting Minutes Page 70 version of the technical standard, New York State Standards and Specifications for Erosion & Sediment Control. (3) The applicant shall prepare a phasing plan that defines maximum disturbed area per phase and shows required cuts and fills. (4) The applicant shall install any additional site specific practices needed to protect water quality. (5) The applicant shall include the above requirements in their SWPPP. The SMO may suspend or revoke an applicant's approval at any time if the SMO determines that the SWPPP does not meet the requirements of this chapter. The applicant shall notify the Town in writing of any planned amendments or modifications to the post-construction stormwater management component of the SWPPP that may be required. Unless otherwise notified by the Town, the applicant shall have the SWPPP amendments or modifications reviewed and accepted by the SMO prior to commencing construction of the post- construction stormwater management practice. Performance Guarantee. 1. Construction Completion Guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town in its approval of the Stormwater Pollution Prevention Plan, the Town may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town as the beneficiary. The security shall be in an amount to be determined by the Town based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in fome until the surety is released from liability by the Town, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) have been constructed in accordance with the approved plans and specifications and that a one year inspection has been conducted and the facilities have been found to be acceptable to the Town. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability. 2. Maintenance Guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the Town with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction, and until the fucilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs. 3. Recordkeeping. The Town may require entities subject to this law to maintain records demonstrating compliance with this law. Submission of Reports. The SMO may require monitoring and reporting from entities subject to this law as are necessary to determine compliance with this law. Right of Entry for Inspection. When any new stormwater management facility is installed on private property or when any new connection is February 14, 2012 Southold Town Board Meeting Minutes Page 71 made between private property and the public stormwater system, the landowner shall grant to the Town the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Section 236-34(A)(3). Stormwater Management Practice Inspections. The Town's SMO is responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit "as built" plans for any stormwater management practices located on-site after final construction is completed. The plan must how the final design specifications for all stormwater management facilities and must be certified by a professional engineer. § 236-21. Other Environmental Permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan. §236-22. Contractor Identification and Certification. A. Prior to the commencement of land development activity, the applicant must identify the contractor(s) and subcontractor(s) that will be responsible for installing, constructing, repairing, replacing, inspecting and maintaining the erosion and sediment control practices included in the SWPPP; and the contractor(s) and subcontractor(s) that will be responsible for constructing the post-construction stormwater management practices included in the SWPPP. B. The applicant shall have each of the contractors and subcontractors identify at least one person from their company that will be responsible for implementation of the SWPPP. This person shall be known as the trained contractor. The applicant shall ensure that at least one trained contractor is on site on a daily basis when soil disturbance activities are being performed. C. The applicant shall have each of the contractors and subcontractors identified above sign a copy of the following certification statement below before they commence any land development activity: "I hereby certify that I understand and agree to comply with the terms and conditions of the SWPPP and agree to implement any corrective actions identified by the Qualified Inspector during a site inspection. I also understand that the applicant must comply with the terms and conditions of the most current version of the New York State Pollutant Discharge Elimination System ("SPDES") general permit for stonnwater discharges from land development activities and that it is unlawful for any person to cause or contribute to a violation of water quality standards. Furthermore, I understand that certifying false, incorrect or inaccurate information is a violation of the referenced permit and the laws of the State of New York and could subject me to criminal, civil and/or administrative proceedings." D. In addition to providing the certification statement above, the certification page must also identify the specific elements of the SWPPP that each contractor and subcontractor will be responsible for and include the name and title of the person providing the signature; the name and title of the trained contractor responsible for SWPPP implementation; the name, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification statement is signed. The applicant shall attach the certification statement(s) to the copy of the SWPPP that is maintained at the construction site. If new or additional contractors are hired to implement measures identified in the SWPPP after construction has commenced, they must also sign the certification statement and provide the information listed above. §236-23. SWPPP and other documents retained on site. A copy of the SWPPP, the General Permit (GP-0-10-001), Notice of Intent, Notice of Intent Acknowledgment Letter, Town SWPPP Acceptance Form and Inspection Reports shall be retained in a February 14, 2012 Southold Town Board Meeting Minutes Page 72 secure location at the site of the land development activity during construction from date of initiation of construction activities to the final date of stabilization. §236-24. Inspection of stormwater facilities after project completion. Inspection programs shall be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices. ARTICLE IV ILLICIT DISCHARGES § 236-25. Discharge prohibition. A. Prohibition of Illegal Discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in §236-25A below. The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows: (1) The following discharges are exempt from discharge prohibitions established by this local law, unless the Department or the municipality has determined them to be substantial contributors of pollutants: water line flushing or other potable water sources, landscape irrigation or lawn watering, existing diverted stream flows, rising ground water, uncontaminated ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains, air conditioning condensate, irrigation water, springs, water from individual residential car washing, natural riparian habitat or wetland flows, residential street wash water, water from fire fighting activities, and any other water source not containing pollutants. Such exempt discharges shall be made in accordance with an appropriate plan for reducing pollutants. (2) Discharges approved in writing by the SMO to protect life or property from imminent harm or damage, provided that, such approval shall not be construed to constitute compliance with other applicable laws and requirements, and further provided that such discharges may be permitted for a specified time period and under such conditions as the SMO may deem appropriate to protect such life and property while reasonably maintaining the purpose and intent of this local law. (3) Dye testing in compliance with applicable state and local laws is an allowable discharge, but requires a verbal notification to the SMO prior to the time of the test. (4) The prohibition shall not apply to any discharge permitted under an SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Department, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the MS4. B. Prohibition of Illicit Connections. (1) The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited. February 14, 2012 Page 73 Southold Town Board Meeting Minutes (2) (3) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. A person is considered to be in violation of this local law if the person connects a line conveying sewage to the municipality's MS4, or allows such a connection to continue. {}236-26. Prohibition against failing individual sewage treatment systems. A. No persons shall operate a failing individual sewage treatment system in areas tributary to the municipality's MS4. A failing individual sewage treatment system is one which has one or more of the following conditions: 1. The backup of sewage into a structure. 2. Discharges of treated or untreated sewage onto the ground surface. 3. A connection or connections to a separate stormwater sewer system. 4. Liquid level in the septic tank above the outlet invert. 5. Structural failure of any component of the individual sewage treatment system that could lead to any of the other failure conditions as noted in this section. 6. Contamination of off-site surface and groundwater. B. Any failing individual sewage system shall be remedied to the satisfaction of the SMO. {}236-27. Prohibition against activities contaminating stormwater. A. Activities that are subject to the requirements of this section are those types of activities that: (1) Cause or contribute to a violation of the municipality's MS4 SPDES permit. (2) Cause or contribute to the municipality being subject to the Special Conditions as defined in {}236-5 (Definitions) of this local law. B Such activities include failing individual sewage treatment systems as defined in {}236-26, improper management of pet waste or any other activity that causes or contributes to violations of the municipality's MS4 SPDES permit authorization. C. Upon notification to a person that he or she is engaged in activities that cause or contribute to violations of the municipality's MS4 SPDES permit authorization, that person shall take all reasonable actions to correct such activities such that he or she no longer causes or contributes to violations of the municipality's MS4 SPDES permit authorization. §236-28. Requirement to prevent, control and reduce stormwater pollutants by the use of best management practices. A. Best Management Practices: Where the SMO has identified illicit discharges as defined in §236-5 or activities contaminating stormwater as defined in Section 236-27 the municipality may require implementation of Best Management Practices (BMPs) to control those illicit discharges and activities. (1) The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 through the use of structural and non-structural BMPs. (2) Any person responsible for a property or premise, which is, or may be, the source of an illicit discharge as defined in §236-5 or an activity contaminating stormwater as defined in §236-27, may be required to implement, at said person's expense, additional structural and non-structural BMPs to reduce or eliminate the source of pollutant(s) to the MS4. (3) Compliance with all terms and conditions of a valid SPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. B. Individual Sewage Treatment Systems - Response to Special Conditions Requiring No Increase of Pollutants or Requiring a Reduction of Pollutants February 14, 2012 Southold Town Board Meeting Minutes Page 74 Where individual sewage treatment systems are contributing to the municipality's being subject to the Special Conditions as defined in §236-5, the owner or operator of such individual sewage treatment systems shall be required to comply with the applicable rules and regulations of the Suffolk County Department of Health Services and/or the below requirements. In instances where there is an inconsistency with the below requirements and the Suffolk County Department of Health Services rules and regulations, the more restrictive requirement shall apply. (1) Maintain and operate individual sewage treatment systems as follows: a. Inspect the septic tank annually to determine scum and sludge accumulation. Septic tanks must be pumped out whenever the bottom of the scum layer is within three inches of the bottom of the outlet baffle or sanitary tee or the top of the sludge is within ten inches of the bottom of the outlet baffle or sanitary tee. b. Avoid the use of septic tank additives. c. Avoid the disposal of excessive quantities of detergents, kitchen wastes, laundry wastes, and household chemicals; and d. Avoid the disposal of cigarette butts, disposable diapers, sanitary napkins, trash and other such items (2) Repair or replace individual sewage treatment systems as follows: a. In accordance with 10NYCRR Appendix 75A to the maximum extent practicable. b. A design professional licensed to practice in New York State shall prepare design plans for any type of absorption field that involves: (i.) Relocating or extending an absorption area to a location not previously approved for such. (ii.) Installation of a new subsurface treatment system at the same location. (iii.) Use of altemate system or innovative system design or technology. c. A written certificate of compliance shall be submitted by the design professional to the municipality at the completion of construction of the repair or replacement system. §236-29. Suspension of access to MS4 (illicit discharges in emergency situations). A. The SMO may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, or to the MS4. The SMO shall notify the person of such suspension within a reasonable time thereafter in writing of the reasons for the suspension. If the violator fails to comply with a suspension order issued in an emergency, the SMO may take such steps as deemed necessary to prevent or minimize damage to the MS4 or to minimize danger to persons. B. Suspension due to the detection of illicit discharge. Any person discharging to the municipality's MS4 in violation of this law may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The SMO will notify a violator in writing of the proposed termination of its MS4 access and the reasons therefor. The violator may petition the SMO in writing for reconsideration. Access may be granted by the SMO if he/she finds that the illicit discharge has ceased and the discharger has taken steps to prevent its recurrence. Access may be denied if the SMO determines in writing that the illicit discharge has not ceased or is likely to recur. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section, without the prior approval of the SMO. §236-30. Industrial or construction activity discharges. February 14, 2012 Southold Town Board Meeting Minutes Page 75 Any person subject to an industrial or construction activity SPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the municipality prior to the allowing of discharges to the MS4. §236-31. Access and monitoring of discharges. A. Applicability. This section applies to all facilities that the SMO must inspect to enforce any provision of this Law, or whenever the authorized enforcement agency has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this Law. B Access to Facilities. (1) The SMO shall be permitted to enter and inspect facilities subject to regulation under this law as often as may be necessary to determine compliance with this Law. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to the SMO. (2) Facility operators shall allow the SMO ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records as may be required to implement this law. (3) The municipality shall have the right to set up on any facility subject to this law such devices as are necessary in the opinion of the SMO to conduct monitoring and/or sampling of the facility's stormwater discharge. (4) The municipality has the right to require the facilities subject to this law to install monitoring equipment as is reasonably necessary to determine compliance with this law. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. (5) Unreasonable delays in allowing the municipality access to a facility subject to this law is a violation of this law. A person who is the operator of a facility subject to this law commits an offense if the person denies the municipality reasonable access to the facility for the purpose of conducting any activity authorized or required by this law. (6) If the SMO has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this law, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this law or any order issued hereunder, then the SMO may seek issuance of a search warrant from any court of competent jurisdiction. §236-32. Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into the MS4, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the municipality in person or by telephone or facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the municipality within three business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of February 14, 2012 Southold Town Board Meeting Minutes Page 76 the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. ARTICLE V ADMINISTRATION & ENFORCEMENT §236-33. Enforcement. Enfomement. The Office of Code Enfomement, Police Department and/or the Building Inspector are responsible for enforcement of the provisions of this chapter and have the authority to issue violations of this chapter. The Town Attorney shall be responsible for prosecution of any such violations. In addition to the above-provided fines, the Town Board may authorize an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. §236-34. All stormwater discharges. Stormwater discharges that are regulated under Article II and III of this chapter are subject to the following: A. Erosion and Sediment Control Inspection. The Office of Code Enforcement or Building Inspector may require such inspections as necessary to determine compliance with this law and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this law and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Town's Building Inspector at least 48 hours before any of the following as required by the SMO: (i) installation of sediment and erosion control measures; (ii) start of site clearing; (iii) start of rough grading; (iv) start of construction; (v) close of the construction season; (vi) completion of final landscaping; and (vii) successful establishment of landscaping in public areas. B. Restoration. Any clearing, excavation or development of land in violation of this chapter shall be corrected forthwith after written notice by the Office of Code Enforcement or Building Inspector. In the event that corrective action is not taken as directed within a reasonable time, the Town may, at its own expense, take corrective action to restore the property or initiate legal action to prevent unlawful or unauthorized activity. The cost of restoration shall become a lien upon the property upon which such unlawful activity occurred. C. Certificate of occupancy. No certificate of occupancy shall be issued by the Building Inspector until all work required to be completed pursuant to the plan has been completed to the satisfaction of the SMO. D. Fines. Any responsible party, owner, occupant, builder, architect, contractor or their agents, or any other person undertaking clearing, excavation or development of land in violation of this chapter, or falsifying information in connection with the requirements of this chapter, upon conviction, shall be guilty of an offense, punishable by a fine of not less than $500 and not more than $2,000. Such person shall be deemed guilty of a separate offense for each day during which a violation of this chapter is committed or continues. §236-35. Illicit discharges. Violations of Article IV of this chapter are subject to the following: A. Notice of Violation. When the Office of Code Enfomement or Building Inspector finds that any responsible party, owner, occupant, builder, amhitect, contractor or their agents, or any other person has violated a prohibition or failed to meet a requirement of Article IV, Illicit Discharges, he/she may order February 14, 2012 Southold Town Board Meeting Minutes Page 77 compliance by written notice of violation to the responsible person. Such notice may require without limitation: (1) The elimination of illicit connections or discharges; (2) That violating discharges, practices, or operations shall cease and desist; (3) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; (4) The performance of monitoring, analyses, and reporting; (5) Payment of a fine; and (6) The implementation of soume control or treatment BMPs. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. Fines. Any responsible party, owner, occupant, builder, arch/tect, contractor or their agents, or any other person undertaking clearing, excavation or development of land in violation of this chapter, or falsifying information in connection with the requirements of this chapter, upon conviction, shall be guilty of an offense, punishable by a fine of not less than $1,000 and not more than $5,000. Such person shall be deemed guilty of a separate offense for each day during which a violation of this chapter is committed or continues. Corrective Measures. 1. If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, then the Office of Code Enforcement or Building Inspector shall request the owner's permission for access to the subject private property to take any and all measures reasonably necessary to abate the violation and/or restore the property. 2. If refused access to the subject private property, the Office of Code Enforcement or Building Inspector may seek a warrant in a court of competent jurisdiction to be authorized to enter upon the property to determine whether a violation has occurred. Upon determination that a violation has occurred, the Office of Code Enforcement or Building Inspector may seek a court order to take any and all measures reasonably necessary to abate the violation and/or restore the property. The cost of implementing and maintaining such measures shall be the sole responsibility of the discharger. Injunctive Relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this law. If a person has violated or continues to violate the provisions of this law, the Town may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. §236-36. Remedies Not Exclusive. The remedies listed in this law are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: §144-8. Building permit required; application for permit. C. Applications. (1) Every application for a building permit shall be made in writing, on a form provided by or otherwise acceptable to the Building Inspector. The application shall be signed by the February 14, 2012 Southold Town Board Meeting Minutes Page 78 owner or an authorized agent of the owner and contain the following information and be accompanied by the required fee. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (m) A Stormwater Management Control Plan consistent with the requirements of Chapter 236, Stormwater Management, of this Code, if required. The Stormwater Management Control Plan shall meet the performance and design criteria and standards in Chapter 236, Stormwater Management. III. §228-6. A. Chapter 228 of the Code of the Town of Southold is hereby amended as follows: Application for permit. Before any excavation is commenced for any purpose other than those excepted in §228-4 of this chapter, or before topsoil, earth, sand, gravel, stone or other minerals are removed from the ground, the owner, lessee or agent of the premises shall obtain a written permit therefore from the Town Board. For that purpose, such applicant shall file with the Town Clerk of the Town of Southold an application in duplicate for such permit, which shall set forth and include: (7) A Stormwater Management Control Plan consistent with the requirements of Chapter 236, Stonnwater Management, of this Code, if required. The Stormwater Management Control Plan shall meet the performance and design criteria and standards in Chapter 236, Stonnwater Management. IV. Chapter 237 of the Code of the Town of Southold is hereby amended as follows: §237-7. Applications. Any person desiring a permit shall make application to the Superintendent, upon forms to be provided by him, which application shall set forth the following: G. A Stormwater Management Control Plan consistent with the requirements of Chapter 236, Stormwater Management, of this Code, if required. The Stormwater Management Control Plan shall meet the performance and design criteria and standards in Chapter 236, Stormwater Management. H. Such other information as the superintendent shall deem pertinent to effectuate the purposes of this article. V. Chapter 240 of the Code of the Town of Southold is hereby amended as follows: §240 - 17. Technical requirements. H. Preliminary Road and drainage plan. The developer shall submit six copies of the road and drainage plans showing all typical plans, sections, profiles, details and design calculations as needed or required to indicate the proposed construction and/or development. (2) A Stonnwater Management Control Plan consistent with the requirements of Chapter 236, "Stormwater Management" of this Code. The Stormwater Management Control Plan shall meet the performance and design criteria and standards in Chapter 236, "Stormwater Management." VI. Chapter 253 of the Code of the Town of Southold is hereby amended as follows: §253-2. Permit required. It shall be unlawful for any person or persons, firm, association, corporation or co-partnership to establish, maintain or operate within the limits of the Town of Southold any tourist camp on any location or plot of ground for use of transients by the day, week, month or season, whether a charge is or is not made, who does not possess a permit from the Department of Health and the Town Board of the Town of February 14, 2012 Southold Town Board Meeting Minutes Page 79 Southold. The permit issued by the Town Board shall be subject to approval pursuant to Chapter 236, Stormwater Management, and shall not be transferable or assignable and may be revoked for cause by such Board after a hearing. VII. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: §275-6. Application. A. Contents of application. A permit may be issued upon the written, verified application of the person proposing to perform operations on wetlands. Three copies of the complete application, including all written descriptions, pictures and surveys, shall be submitted to the Clerk. Such application shall contain the following information: (19) A Stormwater Management Control Plan consistent with the requirements of Chapter 236, Stormwater Management, of this Code, if required. The Stormwater Management Control Plan shall meet the performance and design criteria and standards in Chapter 236, Stormwater Management. VIII. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-133. Application requirements. A. Submission of a complete site plan application shall consist off (6) A Stormwater Management Control Plan consistent with the requirements of Chapter 236, "Stormwater Management", of this Code. The Stormwater Management Control Plan shall meet the performance and design criteria and standards in Chapter 236, "Stormwater Management". §280-142. General standards. No special exception approval shall be granted unless the Zoning Board of Appeals specifically finds and determines the following: G. That the proposal complies with the requirements of Chapter 236, Stormwater Management, or, in the alternative, the Zoning Board of Appeals shall condition such approval on compliance with the requirements of Chapter 236, Stormwater Management. IX. 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. X. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2012-181 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albe~l Kmpski Jr Initiator [] [] [] [] [] Rescinded kouisa P Evans Seconde~ [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action February 14, 2012 Southold Town Board Meeting Minutes Page 80 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 in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell LL/Site Plan Amendments Set PH 2/14/12 ~ 7:32 PM COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suflblk County, New York, on the 17th day of January, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Site Plan Approval" 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 Southold Town Hall, 53095 Main Road, Southold, New York, on the 14th day of February, 2012 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 Chapter 280~ Zoning~ in connection with Site Plan Approval" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Site Plan Approval". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To provide for the health, safety and welfare of the citizens of the Town of Southold, it is necessary to make certain amendments to Article XXIV "Site Plan Approval" of Chapter 280. These amendments are intended to codify and clarify existing policies, site plan objectives and approval requirements and procedures. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-127. Applicability. This article shall apply to every land use that is permitted in the Town of Southold except the single-family home use on a single and separate lot as set forth in Article III, § 280-13A(1), and February 14, 2012 Page 81 Southold Town Board Meeting Minutes customary nonagricultural accessory uses to a single-family residential home use as stated in the Town Code. Any change in use or intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, open space or utilities will require site plan approval. In all cases where this chapter requires approval of site d:;'c!v7mcnt plans by the Planning Board, no building permit shall be issued by the Building Inspector except upon authorization of and in conformity with the site plan approval by the Planning Board and all other public agencies involved. §280-128. Findings of fact; purpose. The Town Board wishes to protect the unique rural and open space character of the Town and hereby finds that development within the Town, exclusive of the Incorporated Village of Greenport, should proceed along the lines of good order and with due regard to the public interest, including but not limited to the following: exterior design of new or renovated structures and portions th~eof; the construction and location of parking areas, whether or not accompanied by new building construction; changes in the use of existing structures; the use of open land; and that the proposed site use would impact beneficially on the well-being of the population in general, increase the Town's tax base and facilitate the local economy. It is the purpose of this article to encourage good design and to: (1) Protect the established character and value of the adjoining properties, both public and private, and of the neighborhood in which they are located. (2) Lessen and, where possible, prevent traffic congestion on the streets and highways upon which the site fronts or which provide vehicular or pedestrian access thereto. (3) Prevent overcrowding of land or buildings. (4) Secure safety from fire, flood and other dangers and provide adequate light, air and convenience of access. (5) Mitigate the environmental impacts of new development on the land, air and water resources. {}280-129. Objectives. In considering and acting upon site de~opmem plans, the Planning Board shall take into consideration the public health, safety and welfare, the economic impact and the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular: A. Traffic access: that all proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; are located in proper relationship to intersections, pedestrian crossings and other places of public assembly; and, further, are in conformance with overall traffic safety considerations. Other public agencies may require further improvements above and beyond the Town's requirements. Roadway improvements not directly in front of the site may be necessary and required, based on overall traffic circulation and signalization of adjacent access points and streets. February 14, 2012 Page 82 Southold Town Board Meeting Minutes Interior circulation and parking: that adequate off-street parking and loading spaces are provided to satisfy the parking needs of the proposed uses on site and that the interior circulation system is so designed to provide convenient access to such spaces consistent with pedestrian safety, and, further, that loading areas shall not impede the flow of interior pedestrian and vehicular traffic and that for certain uses, adequate interior roadways are provided to confine operations to the site. Handicap accessibility shall be provided and placed at the nearest point to the proposed structure. Landscaping and screening: that all parking, service and similar areas are screened at all seasons of the year from view of adjacent residential districts and streets and that the landscaping of the site complements the intended use. Existing trees of at least six inches or more in diameter measured three feet above the base of the trunk shall be retained to the maximum extent possible. Natural features: that high priority shall be given to: (1) The conservation of all natural features on and adjacent to the site, including but not limited to natural drainage-courses, fresh- and saltwater wetlands and marshes, dunes, bluffs, beaches, escarpments, woodlands, large trees, unique plant and wildlife habitats, flood hazard areas and wildlife breeding areas. (2) The protection of ground- and surface water from contamination by pollutants. (3) The protection of air quality. Pavement: that all other paved areas intended for use by pedestrians and vehicles shall make use of an aesthetically pleasing and safe combination of pavements and plant materials which would serve to encourage their use by pedestrians and vehicles. Lighting: that all outdoor lighting shall be of such a nature and so arranged as to minimize the projection of direct light and glare onto adjoining properties and streets. Outdoor lighting shall be compatible with the intended use and also the zoning district, parficulafly in or adjacent to residential zones. Public address intercom or sound systems: that any sound or public-address system shall be located to minimize sound to adjoining properties or on the adjacent street. Grading and drainage: that all site developments shall respect existing grades on site and on adjoining sites to avoid unnecessary excavation or filling and that all stormwater runoff generated on site will be retained on site in an environmentally acceptable manner. All grading and drainage plans must meet with the requirements of the Town Engineer and/or Superintendent of Highways. Public utilities: that plans for water supply and sewage disposal, cable, telephone, electricity, gas, etc., shall be considered and included in this section and shall conform to such public requirements and standards as may exist. Existing development and Comprehensive Development Plan: that the development proposed is at a scale consistent with existing development and with the Comprehensive Development Plan of the Town of Southold. Architectural features: that the natural features of the site and surroundings, exterior design and appearances of existing adjacent structures and the character of the district are evaluated in accordance with the architectural standards set forth in this chapter. [Amended 5-15-1995 by L.L. No. 7-1995] Handicapped access: that the site plan and building design shall accommodate the needs of the handicapped and be in conformance with the applicable state and local standards February 14, 2012 Southold Town Board Meeting Minutes Page 83 concerning the same. ARTICLE XXIV~ Site Plan Approval §280-130. Approval of site plan required. A. After the filing of an application for a building permit, the Building Inspector shall make a determination as to whether a site plan or an amendment thereto is required, and this written determination shall be forwarded to the Planning Department for comment. The Planning Department must provide written comments on this determination to the Building Inspector within five business days, or be deemed to have waived the opportunity to comment. After review of comments, or after the time period for comment has elapsed, the Building Inspector shall issue a final determination to the applicant, which shall in no event be more than 15 business days from the filing of the application. Such determination shall also include a written decision as to whether the proposed use is permitted and whether a special exception is required from the Zoning Board of Appeals. No building permit shall be issued for any structure or building for which use a site plan is required pursuant to this chapter, until, if required, an approved site ~ plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector, along with all necessary approvals and permits as may be required by other public agencies. [Amended 5-15-1995 by L.L. No. 8-1995; 3-9-2004 by L.L. No. 8-2004; 12-14-2004 by L.L. No. 25-2004] B. No regrading, clearing, tree removal or any other work ._ v-~v ........ cf ~na?~:rc 'age cf a site, except limited cleating needed to undertake survey work or soils investigations, may take place .... ~, ................. ~, .... untd the site plan has been approved by the Planning Board or the Planning Board authorizes such work in writing. C. No certificate of occupancy shall be issued for any building, structure, premises, lot or use of land covered by this article unless the structure has been completed (whether the structure is being constructed, renovated, reconstructed, altered, moved or put into use), and the site is developed in accordance with an approved site ~ plan or approved amendment of any such plan. D. Upon request of the owner or his authorized agent for a certificate of occupancy, the Building Inspector shall issue the certificate, provided that said Building Inspector, along with the Planning Board, shall find that such building or structure and site is in conformity with the approved site plan. E. After a certificate of occupancy is issued, there shall be no exterior alterations of a building that expand the footprint or any revisions of the site or changes of use without first obtaining Planning Board approval. F. Failure to obtain site plan approval shall be a violation of this article and shall be subject to such penalties as are set forth in § 280-155 of this chapter. [Amended 6-7-2005 by L.L. No. 8-2005] G. Failure to comply with a term or condition of an approved site plan shall be a violation of this article and shall be subject to such penalties as are set tbrth in § 280-155 of this chapter. The Planning Board shall retain jurisdiction and shall have the right, after a public heating, to modify, suspend or revoke such approval or any term or condition thereof or to impose thereon one or more new conditions, based upon one of the Page 84 February 14, 2012 Southold Town Board Meeting Minutes following grounds: (1) False statements or mistake of material fact: materially false or inaccurate statements in the application, supporting papers or supporting testimony or ignorance or misunderstanding of a material fact by the Planning Board, which fact, had it been known to the Board at the time of its review, would have resulted II, in a denial of the approval sought. (2) Non-compliance with the terms and conditions of such approval: failure of the applicant-permittee to comply with any conditions or terms of approval. (3) Activity beyond such approval: exceeding the scope of the activity, use or project as the same was described in the application. Any use that has received site plan approval by the Planning Board shall not be commenced unless the Planning Board issues a written certification that all terms and conditions set forth in the site plan approval have been met. Failure to comply with a term or condition of site plan approval prior to commencement of the approved use shall be a violation of this article and shall be subiect to such penalties as are set forth in §280- 155 of this chapter. Upon recommendation of the Planning Board and approval of the Town Attorney, the Building Inspector may revoke an existing certificate of occupancy upon a showing that the subject premises is being occupied or used in violation of an approved site plan and may direct that such occupancy or use be discontinued. The Town Attorney is authorized to commence proceedings in a court of appropriate jurisdiction to restrain said use or occupancy. [Amended 6-7-2005 by L.L. No. 8-2005] §280-131. Review procedure. A. Presubmission conference. Prior to the submission of a site devetopmem plan, the applicant or his agent shall meet with the Planning Board or its representative. The purpose of such conference shall be to discuss proposed uses or development plan elements that shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this article. Said meeting shall take place within 30 calendar days from the date of written request therefor. B. Site ...... t~ ....... plan. Nine copies of the site d~,~opmem plan application and any related information as defined during the presubmission conference shall be submitted to the Planning Board within four months of the presubmission conference. If a site d~ plan application is not submitted within tbur months following a presubmission conference, another conference may be required by the Planning Board. (1) Within 10 business days of receipt of the application, the Planning Board shall determine whether to accept, reject or request revision of the application. (2) If the Planning Board determines said application to be acceptable but in need of revision, it shall notify the applicant, in writing, wherein said application is deficient within 30 calendar days. (3) Within the thirty-calendar-day period t¥om receipt of the application, the following shall also take place: the site plan reviewer (or other delegate of the Planning Board) shall hold a joint meeting with a representative of the Building Department authorized to review building plans, for the purpose of making a joint recommendation as to whether the site plan application complies with all February 14, 2012 Southold Town Board Meeting Minutes Page 85 applicable zoning regulations or whether any variances are required from the Zoning Board of Appeals; that recommendation shall be forwarded to the Building Inspector, who shall either endorse or revise that recommendation; and in the event the Building Inspector's zoning determination indicates that a variance is required, the site plan reviewer (or other delegate of the Planning Board) shall so inform the applicant; and in the event the applicant wishes to proceed with the application as submitted, the Building Inspector shall issue a notice of disapproval at that time. This procedure shall also apply to any amendments to the site plan application. (4) In the case of a variance or special exception application requiring site plan approval, the site de~lopmqm~ plan application shall be subjected to preliminary review and written comments by the Planning Board within 60 days of such request by the Board of Appeals. (a) In no case may the Planning Board grant site plan approval prior to the issuance of a special exception by the Zoning Board of Appeals, if such is required. (b) Before the Planning Board can approve any application for the amendment of a use or structure for which a special exception was granted, the applicant must obtain permission from the Zoning Board of Appeals to expand or otherwise alter or change either the use or the structure. (5) The Planning Board may vary or waive parking requirements, provided that such change will not have a detrimental effect on the public health, safety or general welfare and will not have the effect of nullifying the intent and provision of this chapter. (a) The Planning Board may allow or require landscaping to be installed in place of specified parking spaces. (b) On any site for which the Planning Board grants approval for less than the required number of spaces for that use, the Planning Board shall have the fight to review the parking requirements again if a change of use is proposed. (6) Review of a new site plan for a lot on which an approved site plan already exists shall not proceed until the approved plan is withdrawn by the applicant. When the Planning Board determines said application to be acceptable, it shall, within 10 business days of such determination, distribute said application and documentation to the Town, county and state agencies having jurisdiction, for their comment. Such referral shall include a referral to the Architectural Review Committee. The Architectural Review Committee aha!! may make a written recommendation to the Planning Board on the site plan within 10 business days of receipt of the referral. If the Committee fails to make a recommendation within this time period, the project shall proceed to the Planning Board for consideration without Committee review. Notwithstanding the foregoing, applications involving only structures requiring review by the Historic Preservation Commission for a certificate of appropriateness under Chapter 170, Historic Landmark Preservation Law, of this Code shall not also be referred to the Architectural Review Committee for review. [Amended 2-13-2007 by L.L. No. 6-2007] Upon receipt and review of written comments from each of the agencies to which the February 14, 2012 Southold Town Board Meeting Minutes Page 86 proposed site plan was distributed, the Planning Board shall, within a reasonable period of time, not to exceed 30 days, determine whether to require revisions to the proposed plan. No decision on the application shall be made until the State Environmental Quality Review ActEN process is completed. After the Planning Board has determined that the proposed site plan is suitable for approval, it shall: (1) Forward the plan to the Building Inspector for final review and certification. (2) Forward the plan to the Fire Commissioner of the fire district within which the site is located for a determination as to whether a fire well is needed and, if so, its location. (3) Notify the applicant, in writing, to make an application for the appropriate curb cut permits. (4) Submit the proposed site plan to the Suffolk County Planning Commission in accordance with the provision of the Suffolk County Charter, if necessary. Upon receipt of the Building Inspector's certification, the Fire Commissioner's response, the curb cut permits and the comments of the Suffolk County Planning Commission, the Planning Board shall place the site plan on the agenda of the next regularly scheduled public meeting. The Planning Board shall hold a public hearing to consider the application. Notice shall be provided pursuant to Chapter 55, Notice of Public Hearings. Notwithstanding this requirement, with respect to applications involving modifications to existing structures with no substantial change to the existing footprint, where the Planning Board determines that such modifications or any change in use will not require significant changes to existing major site design features, as well as applications involving uses strictly related to agriculture (but excepting retail winery operations), the Planning Board shall have the discretion to waive the public hearing requirement and may act on such application by filed resolution at a duly noticed public meeting. Prior to the Planning Board's endorsement of the site plan, the applicant must sign a statement placed on the site plan indicating his/her knowledge and acceptance of the conditions of approval. Amendments to an existing site plan may be acted upon in the same manner as a new site plan. Guaranty of Performance (1) Public Improvements: A guaranty of performance may be required for all public improvements as part of the conditions of approval. Ifa guaranty of performance is required, the provisions of Article IX, Bonds and Other Security, shall apply. (2) Other on-site improvements including, but not limited to, securing the property, buffers, landscaping and/or screening: A guaranty of performance may be required for on-site improvements as part of the conditions of approval under the tbllowing circumstances: (a) where the application involves a commercial property that abuts or is February 14, 2012 Southold Town Board Meeting Minutes Page 87 across any public or private street from a residential property. (b) where the application involves a change or intensification of use that may have potential impacts on adjacent property owners. (3) Default: In the event that the applicant fails to comply with the provisions of this section, and complete the required improvements, the Town Board may thereupon declare the said guaranty of performance (i.e., performance bond, letter of credit, or other equivalent security) in default and collect the sum remaining payable thereunder; and upon the receipt thereof, the Town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place on the property. Where the cost of the improvements exceeds the forfeited security, the additional cost, including, bur not limited to, any legal fees incurred, shall be and constitute a lien upon the land upon which the improvements are to be made and shall be included in the levy against such property. Within 10 days of final approval, a copy of the endorsed site plan shall be sent to: (1) The Building Department. (2) The Town Engineer. (3) The Town Trustees, when applicable. (4) The Highway Department. (5) The Zoning Board of Appeals, when applicable. The Planning Board shall have the right to deny the proposed site plan for lack of compliance with the provisions of the Town Code, The Planning Board shall notify the applicant, in writing, within 10 days of such determination, of the reasons for such denial. §280-132. Duration of plan. An approved site dea~dopmem plan shall be valid for a period of~ 18 months from the date of approval. All work proposed on the plan shall be completed within satmee year~ 18 months from the date of approval unless a longer period was approved or the applicant obtains an extension from the Planning Board. However, all terms and conditions of any approved site plan or approved amendment are immediately enforceable and compliance is required prior to the commencement of the approved use, unless the Planning Board expressly states an alternative period of time for compliance within the site plan approval. All site plans which have received final approval prior to the enactment of this article shall remain valid for a period of three years from the date of such enactment. This period will begin when all governmental approvals have been obtained. III. SEVERABIL1TY 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. February 14, 2012 Southold Town Board Meeting Minutes Page 88 IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have a notice that it was placed on the Town Clerk's bulletin board on January 25, 2012, that it was posted in the Suffolk Times on February 2, 2012. A letter from Suffolk County Department of Planning, Chief Planner Andrew Freleng 'Pursuant to the requirements of section A14-14 through A14-25 of the Suffolk County Administrative code, the above referenced application which as been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval.' I have a letter from Donald Wilcenski, Chairman of the Planning Board, 'Thank you for the opportunity to provide comments on the proposed amendments to the town code referenced above. The Planning Board has reviewed the proposed amendments and supports the changes.' A letter from Mark Terry, Principal Hanna', '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 program (LWRP) 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 in preparing its written determination regarding the consistency of the proposed action.' And then just the short environmental assessment review form listed as unlisted actions and that is it. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular local law? Pat? PATRICIA MOORE: I am going to start wearing crazy hats soon, I am here so often. I guess to begin with, on February 14th, happy Valentine's day. I guess I don't have a life, my significant other, my husband, is waiting for a date, so here we are. This proposed local law to me is the nuclear option for what I think are relatively infrequent circumstances. And I thought that I understood the purpose of this law and it was for site plans that maybe stopped midway through the process, particularly in residential areas and that, that purpose my concern was that there are circumstances that are way beyond anyone's control. You could have a death, you could have financial issues, there are multiple endless issues why a site plan might not be able to proceed. And what you're proposing here is going to be so excessive and so costly for any business to go through. Again, I guess to me it is the nuclear option. It is that you are imposing or giving the right of the Planning Board to impose conditions that are going to significantly affect the financial viability of going through a site plan process and being able to afford, to actually build out. I want to address some of the sections specifically and I would so like to come to a meeting where the site plan process you are trying to impose, streamlining and let's put timelines on site plan process, it seems that all we are trying to do these days is impose more regulations, the stormwater law, I understand the rationale behind it but this is really, there is a lot here that quite frankly I don't understand the impetus for it. but to begin with, you have this section G which to me is so, I guess more specifically problematic because it seems that you are never going to vest February 14, 2012 Page 89 Southold Town Board Meeting Minutes any rights to your site plan for whatever reason, if the Planning Board believes that and I will read the language because some of it I understand, the other parts I just say what? It says that the Planning Board shall retain jurisdiction and shall have the right after public hearing to modify, suspend or revoke such approval or any term or condition thereof or to impose thereon one or more new conditions based on the following grounds and then you start off with the first ground being, understandably, false statements or mistake of material fact, materially false or inaccurate statements in the application, supporting papers or supporting testimony. Honestly, I don't think that that situation exists and it can be, you go through a site process, it takes years and most people I think, at least my experience are forthright and to their disadvantage, sometimes they are too honest about what their hopes are for a business and in reality they are site planning for the worst case scenario when most of the business out here hope that they will financially grow into a site plan. But then it continues and it says, or ignorance or misunderstanding of a material fact by the Planning Board which fact had it been known to the Planning Board at the time of its review would have resulted in denial of an approval sought. What? They are looking back and saying, well, if I had thought that, I wouldn't have approved that. so are we, we are reopening the whole site plan process to see, that people have gone through an exorbitant time frame, an exorbitant expense to get through a site plan process and lo and behold, somebody comes up with something that they feel should have been addressed and wasn't, whether it could be a neighbor that feels that the Planning Board didn't do their job on some issue or the Planning Board comes up with something, you get a new member or whatever and they have a particular pet peeve about a particular project and you are going back and Monday morning quarterbacking the actions of either a previous Board or that particular Board's deliberations and process. This is after they have gone through in reality, many years to get to site plan approval. Then there is, so that paragraph in and of itself is extremely problematic for me. Then the other provision for essentially suspending, modifying or revoking an approved site plan is non-compliance with the terms and conditions of the approval, failure of the applicant permittee to comply with any conditions or terms of approval. Well, you have a process for that. it is called code enforcement and it is called, and it is conditions of whatever approval, it can go through the typical justice court process and that is what the process is today, you don't need this law to implement it. then finally it is activity beyond such approval exceeding the scope of the activity, use or project as the same was described in the application. Well, now they are going to reach, again, retroactive trying to, you know, read the bubble over Board members heads when they were approving it and essentially you are turning the Planning Board into mini building inspectors because now they are all going to individually, they act as a board, five members, but individually they can all feel well, you know, it exceeds the scope of the activity use for a project as it was described in the application, let alone the fact that businesses have ebbs and flows of normal growth and the business acumen of the owner, so you can certainly have over the years the growth of businesses and the decline of businesses and we hope that we will be supportive of our local businesses but here again, you are now creating this caveat for when you get an approval that you could be subject to the whims and the review ora Board long afl.er you have gotten your approval. COUNCILMAN KRUPSKI: But isn't that, 1 am sorry, isn't that the case, can't the, Martin I am going to ask you a question. Is it the case, can the Planning Board now after granting approval, can they waive certain portions of it to let people gain a CO and operate before all conditions are met? February 14, 2012 Page 90 Southold Town Board Meeting Minutes TOWN ATTORNEY FINNEGAN: Now? COUNCILMAN KRUPSKI: Yes. TOWN ATTORNEY FINNEGAN: No, because the Planning Board doesn't have the ability to (inaudible). That is the whole point of this. There are circumstances right now that several (inaudible) SUPERVISOR RUSSELL: I am also going to take exception to the fact that the planning process, actually we have been streamlining it, I think it probably is more efficient now than it has been in two years. I will give you two cases in point, the 7-Eleven went very quickly... MS. MOORE: Oh, no. That was a three or four year process. I was the attorney. SUPERVISOR RUSSELL: From the application? I know. From the application date, I will review the application file with you. MS. MOORE: No, no, no. That went through three sets of applications and two Zoning Board hearings. SUPERVISOR RUSSELL: The specific application for 7-Eleven, the specific application for a 7-Eleven. That was the review process. MS. MOORE: But that is after it had gone through two prior ones, one for a gas station with .... SUPERVISOR RUSSELL: Entirely different uses. MS. MOORE: A car wash and ..... SUPERVISOR RUSSELL: Entirely different uses. MS. MOORE: Okay. SUPERVISOR RUSSELL: Secondly, we have a proposal now for the adaptive reuse of the Lucas Ford in Peconic, which they waived site plan on. So 1 think there is a Planning Board that understands this. This isn't meant to apply to every case but there are certain issues that need to be addressed. People who start a site plan, start it at the construction and then stop because of a landlord tenant dispute and subject the community to .... MS. MOORE: That is what I thought is the purpose of this but after reading your unsafe buildings, it looks like that's actually more applicable than this process. What you are doing is for that one scenario which realistically we are talking about one in a thousand... SUPERVISOR RUSSELL: There are many more than that. February 14, 2012 Southold Town Board Meeting Minutes Page 91 MS. MOORE: Well, but, I understand your, you know but there is, there is the carrot on the stick. This is more than the stick, this allows for extreme abuse of the process. And unfortunately I have witnessed abuse of process over the 25 years on different Boards and not to speak ill of any one Board because I know everyone is well meaning. Seriously I like everybody on the Board and I know everybody is well meaning but there are times when they get community pressure or they have a difference of opinion then they, you know, a property is zoned a certain way but that's not, but they don't like it. and I have seen how projects that were you know, properly zoned, they were going through the process and there was scouring through the code for a way to have it denied. So you are just creating more ammunition for essentially, you know, you have to remember people buy property that is zoned properly and expect to build out the property and already the site plan process, you know, I beg to differ, is not a streamlined, expeditious process. SUPERVISOR RUSSELL: No, we have a long way to go but we have certainly come a long way. MS. MOORE: Listen, I thought it was great what was done with the Lucas Ford, that was a no brainer but the Planning Board said well, we will let you operate your processing but if you start doing tasting, well, you have got to come in for site plan so it was a very narrow approval that realistically you have got a car dealership... SUPERVISOR RUSSELL: Actually, the owner that is proposing that actually happens to be a friend of mine who thought it was a, he was given broad license by the Planning Board to allow him to start producing on site so he can have money to invest in the .... MS. MOORE: I thought that was wonderful. SUPERVISOR RUSSELL: That is exactly how that process should work. MS. MOORE: That is exactly how the process but that is quite frankly, one in a thousand, okay? For as many, you know, are going through a much more rigorous and difficult process, that was a wonderful example. I give credit for the Planning Board for really being reasonable in that instance and very appropriate. So I commend the Planning Board for that. what I am concerned with is the, what is being imposed in this regulation and the ability of mischief, I think you have used in the past, for you know, how it can be misapplied and misused. Not necessarily with this Board but with future Board's. so let me continue with my comments. I don't see a lot of people here for this because it is February 14th and I am sure that businesses have, you know, particularly restaurants, that they have a lot of activity today. Okay. Then we go into our, that any use that receives site plan approval by the Planning Board shall not be commenced unless the Planning Board issues a written certification that all the terms and conditions have been approved. Well, oftentimes, you are dealing with, if you are dealing with a new enterprise that is one thing but you may be dealing with an existing business that is getting site plan approval for the first time or having it modified and it is an ongoing business. Oftentimes and I can tell you, you know, a couple of times recently where let's say that the Planning Board or staff goes out to February 14, 2012 Southold Town Board Meeting Minutes Page 92 do an inspection. They say, well, we notice that this shrub is missing, okay? The Board meets once a month. That holds up the process, there may be a discussion with the owner, okay, guys you have got to do this, you have got to do that. that carries over to the second month. So all of that period of time, with this provision, that property is held up from opening because of some issue that the Planning Board says you are not complying in very strictly with the conditions of the site plan. COUNCILMAN KRUPSKI: Do you have any examples? Because you make the Planning Board sound really unprofessional and indifferent. MS. MOORE: No, no. Please, these are not intended to be critical of the Board members, what I am saying is, sure I can give you an example where you had a gas station that was going through final site plan approval and it was, it went through several inspections of various little things that might have been required that you know, the owner had to get done all during that time. This town would have been without a gas station had it been required to close up all through that period of time. So if that law was in the books at the time and this was an existing gas station that had done some improvements, so it got site plan approval. So that process took several months to get through a final CO, partly the owner, partly the, you know, so I won't blame the Planning Board but the process itself of getting that sign oft; takes several months. SUPERVISOR RUSSELL: I don't believe the Planning Board would stop the use of an existing operation. It's the expansion of the operation, for instance, if that gas station had a convenience store. The gas, you can still pump the gas but to have the convenience store, you have to comply with the site plan process otherwise, why bother having it? they don't reach back and extinguish existing uses that are permitted under the code. It's the expansion or those new uses that are being introduced to the site. MS. MOORE: Okay. I understand the logic of that and I would hope that that's the way it is applied but that is not the way this is written. So, and again, you rely on a lot of common sense applications but things happen. Alright, here's the final kicker is the guarantee of performance paragraph K that has been added in and there was always a guarantee of performance that could be required for public improvements. Now there is going to be a requirement potentially that the Planning Board can impose to guarantee onsite improvements as condition of approval. So let's say that part of and it has two conditions for it, if it's across any public or private street from a residential property, it doesn't say residential zoning, it's residential property so if you happen to be in a business that has mixed use of residences and businesses, this is, you are going to be subject to this and where the application involves a change or intensification of use that may have potential impacts on adjacent property owners. There you have a very subjective analysis. So essentially pretty much any time that you are going through a site plan process, the Planning Board can require you to guarantee performance and this is where I thought you were trying to address the situation where a property goes through a landlord tenant dispute but I think it is more likely that you are going to have issues of financial problems where there has been either financing issues or other issues that could be death of family members and so on that could impact the build out of a property and now you are not only making the individual bond or put, or they can't get a bond because there are certain requirements to get a bond, you may have to February 14, 2012 Southold Town Board Meeting Minutes Page 93 use other form of security which would be a CD or letter of credit so in order to do that from the bank you have to give the bank the money, let's say it is a letter of credit, you are posting the money for the value of the improvement, getting a CD, giving it to the town. Now you are paying for the improvements twice, for the CD's that is been the guarantee of performance and then to build out the improvements that have been guaranteed with a performance bond or some other form of security. So this is a cost that is, that can be an extreme cost to particularly small businesses, most of the businesses that we have out here are small businesses and quite frankly, by the time they are all done with the stormwater prevention plan requirements and this provision, they are not going to have any money left. You are making it extremely difficult for properties, particularly existing businesses to upgrade. COUNCILMAN KRUPSKI: Well, that is actually one of the points that it mentions, screening and buffering for residential communities, to protect the neighbors in case the project isn't completed for whatever reason but one thing you brought up was the stormwater part and if a project is opened up next to any property whether it is commercial or residential and then the drainage really negatively affects the neighbor, there has got to be some recourse because you have got to protect .... MS. MOORE: That stormwater law does that .... COUNCILMAN KRUPSKI: But you have got to... MS. MOORE: It already does that. the stormwater law, because they have had to file a stormwater plan, the town engineer goes and says you either build out, prevent all the drainage from running off your property or you are going to have violations and the DEC will impose violations as well. So that is actually for drainage, the law .... COUNCILMAN KRUPSKI: But what happens .... SUPERVISOR RUSSELL: There have been circumstances where people have started the site plan process and then gone out and taken down trees and things. That's within the bailiwick of the Planning Board to decide what trees stay and which trees don't, that might not be a perfect process and certainly you have to balance property rights with the neighbors but certainly the Planning Board should have the right to say you know, when you come in for site plan, if we want these trees here, they ought to stay here. Don't come out one weekend and cut them down on this. Which happens. And I can give you example after example. MS. MOORE: Well, I know examples where the Planning Board actually went back and made people amend their site plans to put the trees back. I mean, I had a situation recently where there was an actual arborist, there were two trees that had to come down, they were rotted and there was a big, you know, hullabaloo about the removal of the trees and i sent the letter and said you know, this had to be done. Not that anybody wanted to remove trees, nobody ever wants to you know, generally most people don't want to remove trees because it is costly. You know, to remove that tree is about a $500 bill every time you know, per tree. So nobody does it purposely. February 14, 2012 Southold Town Board Meeting Minutes Page 94 SUPERVISOR RUSSELL: I remember the Planning Board just asking you in a public hearing about an applicant who had cut down trees. And you said they asked you why did the trees go and you said I had no idea. MS. MOORE: That was the one case. I ended up finding out from the client and we actually sent a letter. SUPERVISOR RUSSELL: There should be a process so that you come before the Planning Board and explain that to them. Not after the fact but before the fact. MS. MOORE: Well. After the fact. Well, the solution to that was that there was actually a requirement for additional landscaping. That is how the Planning Board ended up addressing that issue. Meanwhile, the client gave me the infbrmation as to why the trees had to be removed. Nobody seems to care at this point, the trees were removed. You know... SUPERVISOR RUSSELL: The Planning Board cares. That is why they had asked us to make some changes to the site plan application. MS. MOORE: I understand that but we seem to be going so far away from people's property fights. At this point, don't do anything to your property while it is going through site plan, don't touch it. and honestly, that is excessive. So, but that is my belief as a property fights advocate. Finally, okay, 18 months for a site plan. That is so outrageous to me that I looked at the Brookhaven code for example. In Brookhaven code, you have the three years which is what we had tmless a building permit is issued and substantial completion is commenced, then the site plan continues based on t hose improvements. It recognizes a vested right. It can take more than 18 months 99 percent of the time to get site plan approval. So it could take you 18 months to get the site plan, meanwhile, you finally have the site plan in hand and now you have got to go get your financing, get your contractors and so on. You are now reducing the timeline to 18 months? SUPERVISOR RUSSELL: I think we have the Planning Board has the authority to extend that as they see fit. Ad infinitum. MS. MOORE: Honestly, you should never .... SUPERVISOR RUSSELL: I am not sure I want to use Brookhaven as a template. MS. MOORE: Here it says 18 months from date of approval, all work proposed on the plan shall be completed within 18 months of date of approval unless a longer period, obviously you can extend the period of time. It seems to me that 18 months is extremely short period of time after they have spent thousands of dollars to get through site plan process. SUPERVISOR RUSSELL: All mitigating factors the Planning Board can consider on the extension. They have all the free right and ability to offer extensions to all those applicants. February 14, 2012 Southold Town Board Meeting Minutes Page 95 MS. MOORE: Listen, this is a public hearing. I understand how you feel, I am letting you know how most of my clients would feel if I tell them that, okay, it took us two years generally to get through the site plan process, it is not just the Planning Board, it is Health Department and other agencies and then it is only good for 18 months. Particularly with today's climate of financial uncertainty and the ability to get financing. You know, and trying to keep track of these site plans, to go in and yes, even now at three years, we go in and ask to extend the site plans because quite frankly, the zoning hasn't changed and you have gone through all of the expense, shouldn't you at least honor the site plan that the person has? It may be that they can't afford to build it out, they may have to sell the whole project with the site plan with it. They are now going to recoup, hopefully, the cost of their investment of the site plan. This takes it away from them. So, you know, I think you should be, you know, just keep that in mind. You know, the, you should all have to go through a site plan process and then you will understand how important, you know, preserving your rights are to keeping that site plan in effect. I appreciate you listening to my comments. I did go item by item and I would hope that you would allow for people to send you comments. I hope they will, given that the date the 14m on an evening when most people have a life. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? Andy? ANDY BIENKOWSKI: Andy Bienkowski, Orient. Here on behalf of the Chamber of Commerce tonight. I will keep this brief, even though my Valentine is already asleep, so it is all good there. I would just like to reiterate a couple of things and like I said, I will keep this brief. I know Pat pretty much went point by point, on behalf of the business community what I would really like to see from the Town Board at this point is just take it slow. Make sure you are taking everything into consideration, consider the small, this Town Board especially has made it a point to say how they want to keep this community the way it is. Keep big business from coming in. we don't want Wal-Mart, we don't want Target. Unfortunately, those are the people with money. Those are the people that can move last, those are the people that can get things done. Here, not so. You know, we have got a lot of people trying to start businesses, keep businesses afloat that struggle financially, trying to make improvements, expand, do different things. They may run into struggles trying to meet some of the requirements and you know, like you said, there is always options to extend or to do things, so these are things that you are thinking about but I would just like to express to the Board to you know, think everything through clearly before we make any rash decisions. Think about that small person, you know the guy that you were just talking about with Lucas Ford, you were able to move things along for him and that is great you know, it is a local person, he is going to do business here in town, that is wonderful, you know. Glad to see it isn't Budweiser, you know? It is nice, you know. So like I said, just to keep it short and brief and not reiterate over and over again, just a reminder to the town, you know, remember all the little steps that have to go, remember the cost of everything it is going to take for someone to go through this process so before you make that final decision and though some of the things you may have in play may be great and may work out fantastic, I haven't had time to sit and read it point by point, just a reminder you know, think it through and make sure, you know, you have thought all of the processes out so that we don't hurt the people in this community anymore. We want to make sure we are still moving in that right direction and make February 14, 2012 Southold Town Board Meeting Minutes Page 96 things easy for them. Thank you very much. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this particular local law? BENJA SCHWARTZ: Benja Schwartz, Cutchogue. Some of the things Pat Moore was saying made a lot of sense to me. I wonder if this new law isn't distorting the purpose and the process of the Planning Board. I think if you think about it, what the Planning Board does and how they do it, there is a big difference between that and what you all do as a Town Board. You all are a legislative body. The Planning Board, all they are is quasi judicial. Do you understand what that means? And how this goes in the wrong direction. I mean, are they sort of like judges or are they sort of like probation officers. Are they making final decisions or are they going to be keep maintaining jurisdiction throughout the life of whatever, you know. When you legislate zoning, you can change that at any time until the shovel is put in the ground, thcn'e is no legal vested interest to zoning. Never has been, never will be. That is not the way it works. But the decision of the Planning Board, they don't, their job is really not, they do different kind of planning than you do. Your planning legislative. That means you can just look at the broad picture and every little, everything that might influence the way you want the town to be and you can plan for that. The Planning Board, all they can look at, they can't look to the future really. Their job is to look at the present and the past, the specific case, the instance, to make a decision and to stick with it. now, you know, they can put conditions on it but to allow them to retain jurisdiction and change their mind whenever they want, it is just not the way the system is supposed to work. COUNCILMAN KRUPSKI: I am not saying I disagree with you but this draft is written really with their recommendations. We didn't draft this, most of this came from their experience. MR. SCHWARTZ: Well, talking to you, maybe you will revise this draft to make it more along the lines of the way the separation of powers works or is supposed to work. SUPERVISOR RUSSELL: Inaudible. MR. SCHWARTZ: If the Planning Board makes a decision and it really doesn't work, there is a possibility the Town Board can at any time before the hammer starts swinging and hammer guns start shooting these days, you know the Town Board can go in there and change the zoning. But once you've had a quasi legislative judicial body like the Planning Board review a case and make a decision, that decision should be final. COUNCILWOMAN DOHERTY: I just want to make one comment on this section that you are talking about. This is adding a section to the Planning code that is consistent with all the other codes, with the Trustees, with the Zoning Board. The Trustees and Zoning Board already have this in their codes. This is just making this more consistent throughout the whole code. So it is nothing new to the code itself, it is just not in the planning section now and that is what the Planning Board, how they saw it. they wanted to be consistent with the other codes. SUPERVISOR RUSSELL: It is also, they can't just change their minds, that is factually February 14, 2012 Page 97 Southold Town Board Meeting Minutes incorrect. That is not what the law says. There are certain circumstances under which a site plan was ill gotten, they have a right to say that is not what you asked for and that is how the process is supposed to work. MR. SCHWARTZ: They can say we didn't understand the case. Now how would you like it if the judge in the court could you know, say well, I am sorry about that you know and, alright, I am just going to tell a quick little anecdote. Recently one of my relatives was rejected for admission to college, early admission. So she started applying to other colleges and her brother kept saying, well, talk to them, ask them why they rejected you. So she did, they reviewed her case, they changed their mind. She also got a large scholarship. Very nice. On the other hand, I think it was Vassar College sent out a lot of acceptance letters and said, oops, we made a mistake, you are all not accepted. So this could work different ways. But I think that a, the Planning Board is not intended to make plans in the same way that the Town Board is. The Planning Board is intended to review the plans that are made by the applicant, to make a decision on that. the Zoning Board has a different role. I would have to look at those legal provisions that you say are the same as this. I don't believe that they can be the same as this and the Trustees because those bodies have different, you know, they have different purposes and different procedures. COUNCILWOMAN DOHERTY: Well, I am just saying that the Planning Board, the Zoning Board, the Trustees have a right to revoke a permit after issuance under certain circumstances and conditions and that what this is trying to spell out. MR. SCHWARTZ: Well, that may be and maybe it is not such a bad thing but in my experience, you just can't leave it up to their discretion you have got to do the best you can to give them guidance. That is your job. And I don't feel like this does that. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this particular local law? JOHN COSTELLO: My name is John Costello. I don't want to waste the Board's time if they already have taken an opinion and adopted this thing in their minds. I have got better things to do. I am getting that opinion when I am hearing some of the comments but I can tell you, when I read this and I find out that you are trying to clarify and codify the laws, I think you are doing anything but. I think what you are doing on this revision, on this draft is complicating it. it is going to become extremely costly to get through the process. I can envision some of the property's in the town costing more to get through the site plan approval than the property is worth. It could happen. The way this is written. It could complicate, I also get the opinion reading this that I see where the health, welfare and safety of the individuals which everybody knows that is in every intended public officials realm, that is what they have to protect but also to complicate and make it so complicated that it is only addressing, I get the quality of life has never been mentioned, the quality of life. One of the things that Southold Town has of most every town around is a better quality of life. We have the wineries, the (inaudible), we have the Page 98 February 14, 2012 Southold Town Board Meeting Minutes little businesses, the second homeowners are moving here, the quality of life is one of the things that this wealthy second homeowners want and they will and can, no matter what, to pass laws complicating, make it so that the quality of life is better for all of you as long as they are first. That is just, go to the Hampton's. I have been there, I go through the processes in Southampton, East Hampton, North Haven, Sag Harbor and let me tell you, I have seen permits processes cost up to $300,000 to get through a permit process on a $100,000 project. They give up or they can afford it. we don't want the Hampton's over here. I certainly don't. I want the common person to be able to live in Southold Town without the complications that some of the comments in this thing, any change allows the planning process (inaudible) any change. You put a car on the property, that is a change. Traffic, any type. If the rights of the Planning Board are, it doesn't come to a conclusion on this draft. Thank you. SUPERVISOR RUSSELL: You know, I will concede that if it is too broadly written it needs to be, understood, just so everybody, I wish Andy didn't leave. This is the balancing act because I have the small businesses in Mattituck, that chamber, businesses there that have invested a substantial amount of money in making that corridor a nicer corridor and they're the ones that are saying what are you doing about this? What are you doing, you know, it is a balancing act. Those very business owners are the ones that, you know, then you have homeowners behind that, so if this is too broadly written, the Town Board will sit down and take another stab at it. but I think the issue itself does need to be addressed. There has to be an understanding that there is an endgame to a site plan process and we need participation in that process and a bit of an honoring of it. if it is too broad, John, I will listen and we certainly will sit down and try to finite or nuance the language so it is a little bit more limited. But the issue, the larger issue has to be addressed, at the very benefit of those small businesses that are asking us to. For some relief. UNIDENTIFIED: Absolutely. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? COUNCILMAN KRUPSKI: But that is why we have a public hearing. SUPERVISOR RUSSELL: Yes. MS. MOORE: Just very briefly, I admire what you are trying to do, I really do. Because I agree it is very nice, we should be able to solve the problems of the particular situation like the one in Mattituck. Bring the parties together, try to get them to resolve it and unfortunately sometimes just, government is, it is just not the right place. My concern is, that to address that particular problem, we have now created this structure of laws that nobody could have anticipated would happen in Mattituck, okay? In that particular case, somebody said to me today, bad cases make bad law, okay? That is a bad case and what we are ending up with is a bad law because now every body that goes through the process, now the Planning Board has got to decide should we, because it says may, so it is discretionary, should we require the guarantee of performance or shouldn't we? Well, what happens is, as always, is that certainly they are going to side on the caution and now 90 percent of the applications are going to require those kind of warranties when in fact, the circumstance that you are addressing is really not that common. So you say Page 99 February 14, 2012 Southold Town Board Meeting .Minutes that there is a couple of properties that are an issue, I personally don't know which ones they are. I know one that is the obvious. SUPERVISOR RUSSELL: The most celebrated. But I assure you that there are plenty. MS. MOORE: I am sure that there is non-compliance .... SUPERVISOR RUSSELL: There are plenty. MS. MOORE: I know I have complained about properties that are not in compliance and it is ignored. But okay, so that is fine. But this law, really creates such an obstacle, such an expense to anybody going through the site plan process. It really concerns me, you know, I am in the business, they are paying me but I really get no pleasure out of going through a process that takes, you know, that takes any more than six months to get through a site plan process. Realistically, you shouldn't have to, site plan is basic. Parking, used to be drainage, now drainage isn't even an issue because drainage is covered under the drainage code. So it is really, you know, parking, drainage, circulation. That is it. you know, let's go back to the basics. That is what site planning was all about. Now we have got multiple pages of site planning and the opportunity for anybody who doesn't like what is going on in the neighborhood to come and complain and the Planning Board tries to address the complaints of the neighbors and sometimes you know, I would say generally most business owners will listen to the complaints of the neighbors and say okay, if it is reasonable, I can try to modify my site planning and incorporate some of the recommendations. But even when you do that, the process just continues. So please take a moment, review it, look at it as if you were starting a business and you were going through the site plan and imagine everywhere that it says that the Planning Board has the discretion to do something, that they actually do it. how that is going to affect you. Use it on a, give yourself an example, put yourself into that position and then look to see whether the law is appropriate. And as I said before, it looks like the next public heahng is one that you could use to address the circumstance because the unsafe building provision, you are adding a whole section to address the maintenance of an existing property and why not use that section tbr commercial properties. Then you are, you know, you are not going to get the Mattituck case to finish construction until the litigation or whatever the dispute is resolved. All you want is, my understanding is, protect the neighbors, put up the screening, do something so that the property is, doesn't, you know, collect garbage and debris, it is not, it doesn't end up with any kind of vandalism and it protects the neighborhood, the residential neighborhood in the back. I mn definitely in agreement of all that but there are much lesser ways and much more targeted ways to do it than to adopt a law that we wouldn't even be able to retroactively apply in this case because it has gone through a site plan already. You are hurting a lot more people through this adoption than the one situation you are trying to address and I do .... SUPERVISOR RUSSELL: It is not, please don't oversimplify it by suggesting it is one. That is the most celebrated but there are several out there and I can appreciate maybe taking another look at this law but don't pretend it is just one case, there are several. We have many cases where people simply don't invest in site plan, despite our largesse in allowing them to operate without site plan approval, despite our willingness to allow them to continue a use, we still can't Febmary 14, 2012 Southold Town Board Meeting Minutes Page 100 o get them to invest in the site plan. The very purpose of the site plan was to protect all the neighbors to begin with and that was a give and take process that they agreed to. MS. MOORE: This doesn't do it. SUPERVISOR RUSSELL: Pardon me? MS. MOORE: This doesn't do it. This law doesn't get somebody that hasn't gone through the site plan to come in for a site plan. What you're .... SUPERVISOR RUSSELL: Everything in steps. MS. MOORE: Yeah but this law deals with people who have gone through the site plan, who have invested in the site plan and you are taking away from that investment. That is what this law is doing. SUPERVISOR RUSSELL: What we are saying is, some of these people aren't investing in the site plan. They got the approval but then they are not moving forward on and how do you not let that keep happening? Despite the, I think the town has been more than reasonable in many cases, we have allowed people to operate on development rights sold land, asking them to comply, asking them to comply, only to be ignored in many cases. I think we are trying .... MS. MOORE: But if you are going to use examples like that, I am going to say that people have gone through site plan and now they are almost approaching a year of trying to go through a site plan for a very straight forward simple solution. And there are you know, there are two sides to every case. SUPERVISOR RUSSELL: I agree. And this law probably needs some work, I agree. But just so you understand, the larger purpose here isn't just about one property, it's about several examples town wide. Would anybody else like to address the Town Board on this particular local law? RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell LL/Property Maint. Law Set PH 2/14/12 ~ 7:34 PM 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 17th day of January, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 100t Buildings~ Unsafe, in connection with Unsafe Buildings~ Premises and Property Maintenance Law of the Town of Southold" 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 Southold Town Hall, 53095 Main Road, Southold, New York, on the 14th day of February, 2012 at 7:34 p.m. at which time all February 14, 2012 Southold Town Board Meeting Minutes Page 101 interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 100~ Buildings~ Unsafe~ in connection with Unsafe Buildings~ Premises and Proper .ty Maintenance Law of the Town of Southold" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 100~ Buildings~ Unsafe~ in connection with Unsafe Buildings~ Premises and ProperW, Maintenance Law of the Town of Southold". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: §100-1. Title. This chapter shall be known as the "Unsafe Buildings, Premises and ..... vo~,~ Etmcturcs Property Maintenance Law of the Town of Southold." {}100-2. Purpose. The purpose of this chapter is to promote th ~"*'~;~ ~,u ~nc~, .... a ......1 .... lCn~ ~C~.l~ ~o;~,~c,~,~^ ~^ce~ ~u ~d ti fpp rtyandpop rty I lii .................. w. ..... u..z. conserva ono roe r e vaues, toe mnate safety and health hazards and to address unsightly conditions, environmental public nuisance(s) and dangerous obstructions to emergency vehicle access ......................... v.,~,.~. ,j .... ................ ~ ..... prcm::cs e ........... Definlt Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). EXTERIOR PROPERTY - The open space on the premises and on adioining property under the control of owners or operators of such premises. GARBAGE - Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. JUNKED VEHICLE - Any vehicle, including a trailer, which is without a currently valid license plate or plates and is in such a rested, wrecked, discarded, dismantled, partly dismantled, inoperative or abandoned condition as to be no longer intended or in condition for legal use on the public highways. LAND - The term "land" and "property" shall have the same meaning as "premises" as defined February 14, 2012 Southold Town Board Meeting Minutes Page 102 herein. LITTER - Garbage, refuse and rubbish and all other waste material which, if thrown or deposited upon the groOnd, tends to create a danger to public health, safety and welfare or tends to create blight. OCCUPANT - Any individual or person occupying a premises or building, or having possession of a premises or building. OWNER - Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title or deed to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. PERSON - An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject of rights and duties. PREMISES - A lot, plot or parcel of land, easement or public way, including any structures thereon. RUBBISH - Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as, but not limited to, paper wrappings, cardboard, tin cans, wood, glass, bedding, and crockery. §100-34 T~-o.r~ ~...:m: ..... a .... : ......ha.:*~a Standards. A~.B~ Property Maintenance. 1. Surface and subsurface water shall be adequately drained to protect buildings and structures, to prevent damage to adjacent property and to prevent the development of stagnant ponds. Swimming pools, spas, hot tubs and other similar structures erected for recreational use shall be maintained so as to avoid the stagnation of the water therein. 2. Landscaping shall be adequately maintained so that lawns, hedges, bushes, weeds and trees do not become overerown and unsightly so as to constitute an unsafe condition or blight. At no time shall landscaping, hedges, bushes, weeds or trees create an impediment to emergency and/or fire rescue vehicle access. 3. Garbage, crates, rubbish, refuse or debris shall be kept inside building or buildings on the premises, or in an acceptable enclosed container, and shall be regularly collected and removed from the premises. 4. Open wells, cesspools or cisterns shall be securely closed or barhcaded to prevent access by the public. 5. Junked or unregistered vehicles may not be located or stored in open view, but shall be stored in a suitable location inside a building or behind a fence outside of public view. 6. Exterior facades shall at all times be kept free of graffiti or other defacement. Unsafe buildings. All buildings or structures which are structurally unsafe, dangerous, unsanitary or not provided with adequate egress or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment are, severally, for the purpose of this chapter, unsafe buildings. All such buildings and structures are hereby declared to be illegal and are February 14, 2012 Southold Town Board Meeting Minutes Page 103 prohibited and shall be abated by repair and rehabilitation or by demolition and removal in accordance with the procedures of this chapter. Unsafe premises. All premises which are unsafe or dangerous, which suffer from inadequate maintenance or neglect or which do not permit or provide for adequate access by emergency and/or fire rescue vehicles are, for the purpose of this chapter, unsafe premises. All such premises are hereby declared to be illegal, are prohibited and shall be abated by repair and rehabilitation in accordance with the procedures of this chapter. §100--4-_5. Inspection and report. Unsafe building. When, in the opinion of the Building Inspector, any structure located in the Town shall be deemed to be unsafe or dangerous to the public, he shall make a formal inspection thereof and thereafter prepare a written report thereof and file the same in his office. Unsafe premises. When, either on the Building Inspector's own volition or after receiving a written recommendation from the Commissioners of any Fire Department or Fire District or from the Village of Greenport Fire Wardens or Village Trustees located in the Town that any premises is unsafe in that it does not permit or provide for adequate access by emergency and/or fire rescue vehicles as required by §280-109(C), in which recommendation the Building Inspector concurs, the Building Inspector shall make a formal inspection thereof and thereafter prepare a written report thereof and file the same in his office. §100-$ 6. Service of notice. When it shall be determined by the Building Inspector that a building, premises or structure is dangerous or unsafe to the public, or is in violation of any one or more of the provisions under § 100-4(A), he shall promptly serve or cause to be served a notice on the owner or other persons having an interest in such premises, building or structure as hereinafter provided. The aforementioned notice shall be served on the owner of the building, structure or premises or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the last completed assessment roll of the Town, either personally or by registered mail, addressed to the person intended to be served at the last known place of business. If the notice is served by registered mail, the Building Inspector shall cause a copy of such notice to be posted on the premises. §100-6 7. Contents of notice. The notice referred to in § 100-$ _6 hereof shall contain the ibllowing: A description of the premises. A statement of the particulars in which the premises, building or structure is unsafe or dangerous or is in violation of an,/one or more of the provisions under §100-4(A). An order requiring the premises, building or structure to be made safe and secure or February 14, 2012 Southold Town Board Meeting Minutes Page 104 removed, or if there is a violation of §100-4A, an order to remedy. A statcnnent that the securing or removal of the building or structure or the rehabilitation of the premises shall commence within 10 days from the date of the service of the notice and shall be completed within 30 days thereafter. Ifa violation of any one or more of the provisions under §100-4 A are cited, a statement that remediation of the violation must be completed within 10 days from the date of service of the notice. The Building Inspector may extend the time of compliance specified in the notice, where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate compliance. In granting any such extension of time, the Building Inspector may impose such conditions as he may deem appropriate. A statement that, in the event of the neglect or refusal of the person served with notice to comply with the same, a hearing will be held before the Southotd Town Board, notice of which and the time and place thereof to be specified in the notice to the owner referred to in §100-5 6 hereof. No hearing is required if the only violation alleged is pursuant to §100-4(A). A statement that, in the event that the Town Board, after the hearing specified in §100-6 _7(E) hereof, shall determine that the premises, building or structure is unsafe or dangerous to the public, the Town Board may order the building or structure to be repaired, made safe and/or secured or taken down and removed. In the case of an unsafe premises, the Town Board may order the premises rehabilitated and made safe. A statement that, in the event that the premises, building or structure shall be determined by the Town to be unsafe or dangerous and in the event of the neglect or refusal of the owner to make safe, repair or remove the same within the time provided, the Town may remove such building or structure or make safe the premises by whatever means it deems appropriate and assess all costs and expenses incurred by the Town in connection with the proceedings to remove or secure, including the cost of actually removing said building or structure, against the land on which said buildings or structures are located. §100-7- 8. Filing a copy of notice. A copy of the notice referred to in § 100-6 7 hereof may be filed with the County Clerk of the county within which such premises, building or structure is located, which notice shall be filed by such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules and shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided in this section. A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a Judge or Justice of a court of record or upon the consent of the Town Attorney. The clerk of the county where such notice is filed shall mark such notice and any record or docket thereof as canceled of record, upon the presentation and filing of such consent or of a certified copy of such order. §100-8 9. Emergency measures to vacate. If the Building Inspector determines in his inspection of any premises, building or structure that there is actual and immediate danger of failure or collapse so as to endanger life, he shall February 14, 2012 Page 105 Southold Town Board Meeting Minutes promptly require the premises, building, structure or portion thereof to be vacated forthwith and not to be reoccupied until the specified repairs are completed, inspected and approved by the Building Inspector. For this purpose, he may enter such premises, building or structure, or land on which it stands or adjoining land or structures with such assistance and at such cost as may be necessary. He may also order adjacent structures to be vacated and protect the public by appropriate barricades or such other means as may be necessary and for this purpose may close a private or public right-of-way. The Building Inspector shall cause to be posted at each entrance to such premises, building or structure a notice stating, "This building (or premises, if applicable) is unsafe and its use or occupancy has been prohibited by the Building Inspector." Such notice shall remain posted until the required rehabilitation, repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or their agents or other persons to remove such notice without written permission of the Building Inspector or for any person to enter the building except for the purpose of making the required repairs or the demolition thereof. §lO0-9qO. Costs and expenses. Ail costs and expenses incurred by the Town of Southold in connection with any proceeding or any work done to remove the danger or in connection with the demolition and removal of any such building or structure, or any work done to abate any violation of provisions under § 100- 4(A) of this chapter shall be assessed against the land on which such building or structure 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 shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner thereof, with the assessors who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. §100-t4) 11. Penalties for offenses. A. Any person who violates a provision under § 100-4(A) of this chapter shall be guilty of a violation punishable by a fine not to exceed $2,500. A:.B~ Any person who neglects, refuses or fails to comply with any order or notice issued hereunder shall be guilty of a violation punishable by a fine not to exceed $5,000 or by imprisonment for a term not to exceed 15 days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate and additional offense. In addition to the criminal violation, the Town Attorney is authorized to pursue any and all actions in law or equity, including but not limited to actions for compensatory damages, civil penalties, or injunctive relief. February 14, 2012 Page 106 Southold Town Board Meeting Minutes Strict liability. Personal knowledge of the existence of a violation under this chapter is not required, no mens rea (intent) is required, and any violation charged h~rein shall be one of strict liability. §100 11 1_~2. 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. §100-t~ 13. When effective. This chapter shall take effect immediately upon filing with the Secretary of State as provided by law. I have a notice that it was posted on January 30th on the Town Clerk's bulletin board and in the Suffolk Times on February 2nd. A letter from the Donald Wilcenski, Chairman of the Planning Board, 'Thank you for the opportunity to provide comments on the proposed amendments to the town code referenced above. The Planning Board has reviewed the proposed amendments and supports the changes.' Andrew Freleng, Chief Planner, Suffolk County, 'Determines that it is a matter for local determination as there is no apparent significant county wide or inter-community impact. The decision of local determination shall not be construed as either an approval or a disapproval.' And just an unlisted action under SEQRA. And that is it. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular local law. PATRICIA MOORE: ! am supportive of this one. This one I think, to me, is the foreclosure situation in most instances that unfortunately, you know, the whole country is subjected to and you know, maintenance of properties that can certainly impact the neighborhood for sure. It seems to me that the issue that you are trying to address with a site plan that either doesn't get built or has a stall out because of whatever reasons, you could include in the property maintenance provision any installation of landscaping or drainage required under a site plan because if that is really what you are trying to address which is those improvements that the community may have relied on. If the person had gone through the site plan process in the middle of construction, that is understandable you know, then you really, one extra sentence and you can address this section not just landscaping shall be adequately maintained and so on and maybe that landscaping hasn't been put in and that is really the solution to protecting the neighborhood. Because you never, you don't want the site plan to be lost, you just want certain protections to be put into place. Keep the property cleaned, you know, until everybody resolves whatever disputes might have occurred. And then as, if you don't have anybody then you (inaudible) you do what you have to do and then you have it as a lien against the property. So it Page 107 February 14, 2012 Southold Town Board Meeting Minutes is proactive, it is addressing an issue of problems that I think is more targeted by this process and it just happens that it occurs, the heating is occurring immediately thereafter but I think that you can scrap all the stuff that the Planning Board was trying to add on the other one and just put a simple sentence here and then you know, have properties be maintained. It is simple. And that would protect the investment of the commercial district as well as the residential districts. That is my opinion. SUPERVISOR RUSSELL: Thank you. BARBARA MCADAM: Good evening, Barbara McAdam. I want to commend the Town Board for this initiative and Ms. Moore referenced the housing crisis. I think all of us, our property values have gone down because of that but we have homes in our neighborhoods that are vacant because of foreclosure that devalues it even further. So it is a real concern for us, particularly in my subdivision, we have one property of concern and we are going through year three and it is just deteriorating and deteriorating. I had a question though, if you could elaborate on # 2 under the standards of property maintenance, referring to the landscaping. Basically I guess what I want to know is how high does the grass and the weeds have to grow before the town will come in .... COUNCILMAN TALBOT: I think it is designated in there as 10 inches, isn't it? COUNCILMAN KRUPSKI: No, it is not. We had that discussion at work session. There are details that we want to make sure were real clear, so that if someone doesn't have a lawn that is five inches high and (inaudible). A neighbor is going to use it as a neighbor grudge and go after somebody that their hedge should be trimmed the same height as my hedge and I don't like it, I am going to call the town, that is not our intention. It has got to be worded so that doesn't happen. SUPERVISOR RUSSELL: What we were trying to do with this was trying to get the cumulative effect of not doing, not cutting the grass, not trimming the bushes, not maintaining the property and having a cumulative effect. It is not about a law that makes sure that your grass is only a certain height. In other words, we don't want it segmented, the intent, the idea is and we did talk today and say maybe the law doesn't quite get to where, what we intend to do so that it is not just a question of grass height, it is a question of the cumulative effects but certainly I am aware of the situation there and it has been frustrating for us. I want to point out, this is already available under the New York State building code, the reason the town wants to adopt it locally is so that we have a process, a judicial process so that we can go in and effect change to the property and lien the property with those costs. That is just not available to us under the state building code. MS. MCADAM: Thank you. What process, you know, if this condition continues do the neighbors still have to call Mr. Rallis? SUPERVISOR RUSSELL: Well, Mr. Rallis would be able to, under this code, cite the property owner, try to reach out. In many cases, the owners are completely gone and it is a third party mortgage company out of South Dakota. The idea is to bring notice to the due party and make February 14, 2012 Southold Town Board Meeting Minutes Page 108 them accountable. Have a public heating and if they don't respond, for the town to be able to go in and get the job done and then he able to take the costs incurred and then lien them against the property through the tax bill. Which is the most enforceable lien available. MS. MCADAM: So we are looking to this growing season that it won't just be once during the entire summer that the town will come in and mow the property? SUPERVISOR RUSSELL: We would do it, again, I have to be candid. I know your community, will we be able to achieve the standard most of your neighbors have in maintaining their properties? Probably not. But certainly more than once. We had a case in Mattituck a few years ago which was a similar situation, we had to go through a tremendous process just to be able to get on site and get the work done but we have been back, we have been back and maintained it. The ownership there is a little bit more nebulous as to who actually owns the site but we have been maintaining it, we go down, usually quite honestly the property owners homeowner association and tell me and we will go and address it as quickly as we can. MS. MCADAM: Thank you. That is really encouraging. I thank you very much. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this particular local law? JULIA RAPUANO: Good evening, I am Julia Rapuano. I worked on this myself, I sent you a letter and I sent you all the attachments, I have been dealing with Wells Fargo and they suck. I mean, I cannot tell you how many certified letters that I have sent them. We have taken care of that property, it is tight next to me. I don't see it because I am all treed in. And I don't hear anything. If I had to look at it, I would be very, very upset. But we have done the best that we can and I really hope that we can do something not only for our area but I hear it is honSble, further east, Orient and I have heard of that bank in Mattituck also. We have done our best, I just wanted you to know that. I have plenty of letters that 1 sent out to Wells Fargo. They have a note on the back door, a company that you can contact who will come and do the work. They sent out one person in the last two years, he came by himself with a little mower and said to me, I wish they would have told me I needed the tractor. (Inaudible) And two and a half days later and it was (inaudible) who does the work for the town that actually came at my request and has mowed the property all the way up about two feet just to keep it clean from animal and the house itself has deteriorated also, that is the other thing. You know, there are broken windows that are boarded (inaudible) and that is the thing that worries me the most, like I don't know what the heck (inaudible) but anything you can do, we would really, really appreciate it. if we can help you in any way, we will do it, believe me. SUPERVISOR RUSSELL: You know, to be candid, we didn't necessarily want to get into the property maintenance business but we have no choice. A lot of times, the secondary market bought the mortgage, they are out of state, they will contract with a property maintenance company who is up west and overwhelmed with work, so they are not getting out here. At the same time, we want to protect the taxpayer, so this gives us an avenue to go get the work done and make sure the taxpayers in town get fully reimbursed for that through the tax lien each year. February 14, 2012 Southold Town Board Meeting Minutes Page 109 o Mom seamless than it has been in the past. MS. RAPUANO: Well, thank you very much. We appreciate it. SUPERVISOR RUSSELL: Would anybody else like to address the town on this local law? COUNCILMAN TALBOT: I want to make a comment though. I have been against this law the whole time since it was first introduced and the reason I am against it is because the building department already has the ability to enforce these codes. You can see as in resolution 174 that we had today, we did have a public hearing this morning in regards to a property similar to this with dilapidated structures and we already have that in place where we can get this thing demo'd, cleaned up or whatever and assess the property owner. This stuff is already in place. The code is the property maintenance code of New York State, it is far more in depth than what is being proposed here and these guys have to enforce it. you can throw as many sentences or paragraphs into a code but the guys still have to enforce it. and as we had today with this hearing, we've done it today and we did it last year on a property up there on Youngs Avenue, we had the hearing, we went over there and we cleaned the property up. We have the ability to do it now, in the property maintenance code New York State, you can go on the Department of State website, it is all on the internet and you can review the property maintenance code and you will be thrilled to see the stuff that is in there. It goes anywhere from landscaping to septic systems, to open buildings. It is not just related to residential but commercial, residential, drainage, everything is in that code. And we have the ability to do it now, so know matter how many laws you put on the books, we still have got to do the job. And that is why I don't agree with adding something new where it is already in place. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell LL/MS4 Set PIt 1/31/12 ~ 4:32 PM History: 01/31/12 Town Board ADJOURNED Next: 02/14/12 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 17th day of January, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 236~ Stormwater Manal~ement". NOTICE IS HERBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a second public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 14th day of February, 2012 at 7:36 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 Chapter 236~ Stormwater Management" reads in part: LOCAL LAW NO. 2012 February 14, 2012 Southold Town Board Meeting Minutes Page 110 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 236~ Stormwater Management". I. Chapter 236 of the Code of the Town of Southold is hereby amended as follows: ARTICLE I GENERAL PROVISIONS § 236-1. Title. This chapter shall be known as the" ,n.~_. Stormwater ~ ...... ~, and Drainage Ccn~c! La;;'." Management; Erosion & Sediment Control; and Illicit Discharges Law." § 236-2. Statutory authorization/and conflicts with other laws. A. Statutory Authorization This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through land use regulations intended to control flooding, erosion or sedimentation within the entire Town. ~v~ .... ,~ ......... ;o: .... c ~,., g_ all OVeru tho B~. Conflict with Other Laws. In their interpretation and application, the provisions of this chapter shall be minimum requirements adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this chapter are at variance with the requirements of the New York State Department of Environmental Conservation SPDES General Permits for Construction Activities (GP-0-10-001) and for Stormwater Discharges from MS4s (GP-02-02), as amended or revised, and the corresponding regulations, the most restrictive or that imposing the highest standards shall govern. § 236-3. Findings of fact. It is hereby determined that: A. Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition; B. Stormwater runoff contributes to increased quantities of water-borne pollutants, including siltation of aquatic habitat for fish and other desirable species and may adversely affect aquatic organisms through changes in temperature and salinity; C. Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat; D. improper desi~ and construction of stormwater management practices can increase the velocity of stormwater runoff thereby increasing stream bank, shoreline and bluff erosion and sedimentation[ E. Impervious surfaces allow less water to percolate into the soil, thereby decreasing February 14, 2012 Southold Town Board Meeting Minutes Page 111 groundwater recharge and stream baseflow; Substantial economic losses can result from these adverse impacts on the waters of the Town; Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities; The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel, shoreline and bluff erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety; and Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions ora particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development. Illicit discharges threaten water quality through the introduction of toxic and hazardous substances. § 236-3 4. Purpose. It is the purpose of this chapter to promote and protect, to the gr~lest maximum extent practicable, the public health, safety and general welfare by: (i) establishing minimum stormwater management requirements and controls; (ii) regulating non-stormwater discharges to the municipal separate storm sewer system (MS4) to the maximum extent practicable as required by federal and state law; and (iii) establishing methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for MS4. The objectives of this chapter are as follows: Minimizing soil erosion, sedimentation and stormwater runoff'; Controlling, restricting or prohibiting activities which alter natural drainage systems, floodplains, stream channels and natural protective features, including, but not limited to, wetlands, bluffs, dunes, beaches, natural protective features, which contribute to the accommodation of floodwaters and retention of sediment; Controlling, restricting or prohibiting land use activities which increase nonpoint source pollution due to stormwater runoff, and/or which result in discharge onto public lands, neighboring properties or natural protective features; Assuring that land and water uses in the Town are designed and/or conducted using best- management practices to control flooding, stormwater runoff and minimize stormwater runoff from discharging onto public lands, neighboring properties or natural protective features; Promoting the recharge of stormwater into the freshwater aquifer to protect the drinking water supply and minimize saltwater intrusion. Meet the requirements of minimum control measures 4 and 5 of the SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems February 14, 2012 Southold Town Board Meeting Minutes Page 112 (MS4s), Permit no. GP-02-02 or as amended or revised; Require land development activities to conform to the substantive requirements of the NYS Department of Environmental Conservation SPDES General Permits for Construction Activities (GP~0-10-001) and for Stormwater Discharges from MS4s (GP- 0-10-002) or as amended or revised; Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, temperature fluctuations of surface waters of the State of New York, and streambank erosion and maintain the integrity of stream channels; Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality. Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, M~. N~. O~. wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety. To regulate the contribution of pollutants to the MS4 since such systems are not designed to accept, process or discharge non-stormwater wastes; To prohibit Illicit Connections, Activities and Discharges to the MS4; To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this Chapter; and To promote public awareness of the hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, grease, oil, petroleum products, cleaning products, paint products, hazardous waste, sediment and other pollutants into the MS4. The complete text of the proposed local law, as revised based upon comments received into the record, is available for review on the Southold Town's website: southoldtown.northfork.net and copies are available at the Southold Town Clerk's office during regular business hours, Monday through Friday, 8:00 AM to 4:00 PM. It was posted on February 8th on the Town Clerk's bulletin board. It was again posted on February 9, 2012 in the Suffolk Times. That is it. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on the MS4 proposed local law? Lillian, please. LILLIAN BALL: Hello, Liltian Ball, Southold Town. I haven't had a chance to really read the whole thing and I am not sure that I would understand it all even if I did read the whole thing but something really jumps out at me that ! would be very curious to know what, how you foresee this working. And that is the stormwater management officer and authority. How are you going to pick a stormwater management officer? What kind of criterion can you put together for who decides these issue? And I guess Martin, also a question to everybody. SUPERVISOR RUSSELL: We already have staff that has already been through all the MS4 training. They have a very keen sense of what is required under the law and under our drainage February 14, 2012 Page 113 Southold Town Board Meeting Minutes code. Stormwater management officers, I think we have already designated two, John Sepenoski and Jamie Richter. We have by resolution the ability to add stormwater management officers as we need them, particularly if we can get someone from the Planning Department, someone like Mark Terry who is very versed in the stormwater management law. The idea is to review based on the requirements of 236 and the requirements of the DEC. That is the requirements. MS. BALL: But it says here, upon approval of the Town Board, they have to be engaged, the services have to be engaged of a registered professional engineer. Neither of those two people that you mentioned are PE's. TOWN ATTORNEY FINNEGAN: The Stormwater management officer, there are different aspects of Chapter 236 that require review (inaudible). The code enforcement officers will be stormwater management officers for certain aspects because they will have to go out and review for code enforcement purposes but primarily it is representatives from the involved agencies, the office of the Town Engineer, the Planning Department, the Building Department and they will each have, the Town Board will designate representatives within the town, employees of the town, who will have the responsibility, depending upon which aspect of the review is being conducted, they will be designated. And the code was amended, the amendment that was made at the last public hearing was at the last public hearing was to (inaudible) specific designations that have been, a member of the Planning Department, code enforcement officer (inaudible) and we just changed it to appointment by resolution so that you know, staff comes and staff goes, so we don't require a whole amendment of the code to make a change in that designation. So under the permit, there are certain reviews that the town is now required to do, many of which were previously done by the DEC, by other agencies. So it is up to the Town Board to just designate the appropriate personnel to review, to conduct the reviews. COUNCILMAN KRUPSKI: If you had one person designated, it would cause a logjam process for every department. If you have people in every department that are trained properly to conduct the review, then (inaudible)... MS. BALL: But we don't have any registered professional engineers. SUPERVISOR RUSSELL: That is not to be a stormwater management officer. That is someone who is going to do the drainage plan for a pending application. In other words, I would do a site plan... MS. BALL: So you are saying a proposal would come from... SUPERVISOR RUSSELL: That is right. MS. BALL: Okay, rather than and they would be reviewed by somebody who was not but the proposal has to come from somebody with a PE? Okay. That is clarified then. And I would think though, that the more you have, our stormwater, Jill certainly understands this. Our stormwater management committee didn't really move very fast on too many situations where they could have possibly had much simpler solutions. So it seems to me you don't need a lot, February 14, 2012 Page 114 Southold Town Board Meeting Minutes maybe three or four is a good idea but a large committee doesn't necessarily function better. COUNCILMAN KRUPSKI: No, it wouldn't be a committee. It would be one person in each department. MS. BALL: In each department. For each specific designation. COUNCILMAN KRUPSKI: In other words, if you are the Planning Board and they have a person say, Scott said Mark Terry would be in the office and when someone comes in with an application from the Planning Board, he would be reviewing it from day one, so you wouldn't get halfway through the process and someone else would come in and say no, no you have got to change it around because it doesn't conform with our MS4 law and then it would, it just throws the whole process off and you are starting from scratch again. MS. BALL: So then it would be a consistent single person following through one particular application. COUNCILMAN KRUPSKI: Right. Right. MS. BALL: Well, that is good. Relatively streamlined. Alright, that was the main question I had. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on the MS4 proposed local law. BENJA SCHWARTZ: Benja Schwartz, Cutchogue, East Road. I know some of you have been down to where I live and as you know, the end of East Road is approximately 200 feet long at a 45 degree angle, running right into the creek. And it was designed to drain not just that portion of the road but the roads that are a little bit above that, into the creek. That drainage has been mitigated a little bit by the road breaking up down them at the very end. But somehow I heard and I don't know where I heard this from, that the highway department, oh, they were patching the road in front of my neighbors driveway, a nice patch, but they mentioned that this was just a temporary patch and as soon as it warms up and the weather is nice for applying hot tar, they are going to come and do the entire road. Repave the entire road. Now I have spoken with several of you about and as many people in my neighborhood who are interested in redesigning that road and changing the way the road is set up. If we just repave the road, I mean, this law is supposedly about the stormwater runoff but I don't get a sense from reading it that it really intends to protect our surface waters and aquifers, it's a lot of regulation. Is there anything in this law that will guide the actions of the towns in creating the municipal separate sewer systems or in repairing existing roads which were designed for, in ways that would be illegal today, do we have anything in the law that will address... SUPERVISOR RUSSELL: Does the law establish a capital project fund? No. We do that at the Town Board level. We have priorities. Actually the MS4 legislation identified priorities or what they call 303D, impaired water bodies. It is an expensive proposition, no doubt but where February 14, 2012 Southold Town Board Meeting .Minutes Page 115 it starts with each homeowner, capturing on site their rainwater, etc, in other words, it is not enough just to put catch basins... MR. SCHWARTZ: I am not talking about the private properties now. SUPERVISOR RUSSELL: Unfortunately that is what, 236 does cover private properties. We are asking everybody to be part of the solution. We can't just put catch basins at the end of the road, we have to reduce the volume before it gets there as well. MR. SCHWARTZ: I am against any catch basins anywhere. SUPERVISOR RUSSELL: Well .... MR. SCHWARTZ: There are other ways to address runoff from the road. SUPERVISOR RUSSELL: Inaudible. MR. SCHWARTZ: Pervious pavement etc. Regrading the road. But if we are spending money, the town is spending money to repave the existing infrastructure which we, hopefully recognize, was designed in an environmentally insensitive and improper manner. And it is not a question of we don't have money to do things right, it is a question of where is the money coming from to continue to do things wrong? SUPERVISOR RUSSELL: You are asking us to address an issue that is raised anecdotally. I have no idea. I know the Highway Superintendent was scheduled to meet with the community representatives from that area to discuss drainage in its entirety, not just repaving but drainage with the flooding and all those other things. I don't know what is on his docket for work in the spring. MR. SCHWARTZ: Okay, well wouldn't it be appropriate .... SUPERVISOR RUSSELL: But you are asking us to address something that is anecdotal at best. MR. SCHWARTZ: Wouldn't it be appropriate to put something in this law to address the authority of the highway department to create or to recreate infrastructure which effectively drains stormwater into the creeks and not, and not into the aquifer where it belongs and doesn't clean up the water but just drains the dirty water right into our estuaries. COUNCILMAN KRUPSKI: Well, unfortunately we are caught up in the net of this MS4 law. It is a federal law and the state is administehng it. And it is something that even Lillian didn't want to read. It is a really, it is. It is. And as a town we are required to pass this law before March, there is a deadline in early March. And we have been working on this for probably six months to try to tailor as best we can to the town, to our town and how we conduct business. We have had a good drainage code on the books since 2007, it is pretty comprehensive. This doesn't change that, this really addresses much larger projects and it will bring larger projects into February 14, 2012 Southold Town Board Meeting Minutes Page ll6 review of the DEC. it is more of a sort of coordinated drainage review with the DEC on really large, like over an acre of clearing, that type of thing. So we are required to do this, to pass this law. I don't think, we have been through it around and around. Our legal department has certainly done a great job in working with the MS4 committee to try to make it fit into our town .... MR. SCHWARTZ: I don't know if you are answering my questions or not. COUNCILMAN KRUPSKI: I don't know ifl have a good answer for it. you know, it is a .... MR. SCHWARTZ: Okay, well thank you for your time. COUNCILMAN KRUPSKI: This is what we are faced with. Take a copy, that is it. MR. SCHWARTZ: Maybe somebody should let people watching know that this is also available under the notices heading on the first page of the website. And put it on your eread or whatever and study it in depth. MS. BALL: Benja brought up something that I think is interesting in relationship to this. I would hate to see the town get so involved with the MS4 lingo and legalese that they forget things that are simple, like our 75 road ends that end directly into the water. I mean, we know there are easy things we can do with that. We can do permeable pavement, we can do plants, we can do green infrastructure that is really relatively inexpensive and it works, so I just hope that you don't get so sidetracked by all this stuff that you lose sight of those simple, easy things that we could be doing with grant money or with relatively small amounts of taxpayers dollars to solve these kinds of problems at the end of, I am not familiar with where Benja lives or the end of his street but we know that there are a lot of road ends in this town that are badly designed from old fashioned attitudes to drain directly into the waterways, so if we can do something like keep the stormwater on the property owners property that is one thing but the town owns these roads. So it is a real catch 22, it is a very difficult thing to do. SUPERVISOR RUSSELL: Everything you are saying, though, I hear you and I completely understand where you are coming from and I think you are exactly right. There are plenty of solutions that can be done, it is a question of coordinating resources. COUNCILMAN KRUPSKI: And it is every town road end, so it is not like we can fix one and we are done. There are so many to do and also with the MS4 regulations, they really want us to focus on impaired waterways .... MS. BALL: Yes, I think that is the priority. COUNCILMAN KRUPSKi: And unfortunately with the state, the way they test the waterways, it is becoming more problematic. So we are trying to work on different levels of impairment and different waterways and different solutions .... February 14, 2012 Southold Town Board Meeting Minutes Page 117 MS. BALL: I know, I have seen the list that are the things tike, like, what is the one that Jay Bredemeyer is concerned with? Wickham creek, right? COUNCILMAN KRUPSKI: Right. Sure. MS. BALL: I have seen the list that show, you know, these are not impaired yet but they are in line to be impaired waterways. It is very disturbing. COUNCILMAN KRUPSKI: A lot of it has to do with the way they test and that is why we are forming, one of the reasons we are forming a shellfish advisory committee, is to work on better communication with the DEC who does the water quality testing. Because they are the ones that have to certify the shellfish so they can be harvested. So it all kind of ties together with that, too. MS. BALL: And unfortunately, they now have half the workforce than they have had in the past, so they are not able to do that and i know for Goldsmiths inlet, we requested that they come test again. They tested in 2009 and they said sorry, we can't come back until you can show us something has been significantly done to change the situation because we just don't have the manpower. SUPERVISOR RUSSELL: One of the underlying things to that is, what is the situation? And I think that is one thing the town is looking at is why are these waterbodies impaired? Stormwater mitigation is important but it doesn't mean that that is the culprit in every case. MS. BALL: No. SUPERVISOR RUSSELL: In many circumstances and I know Kevin McAllister has spoken of this, it is nitrate loading from our aging, failing septic systems. MS. BALL: That is very important, Scott, I am glad you brought that up because you know, MS4 is primarily fecal coliform, it is not nitrogen loading. You know, and those nitrogen levels are the things that, you know .... SUPERVISOR RUSSELL: Inaudible. MS. BALL: The wastewater, they are really the very, very substantially dangerous things that you know, also I might add, plants take up nitrogen and phosphorous. Those are things that can be remedied in a very proven green infrastructure way, nitrogen is not primarily what the TMDL's are. SUPERVISOR RUSSELL: No but it is certainly covered under the MS4 septic systems. I mean, this is a rolling out federal law administered by the state. And all of those things rolling out. And there will be a time where the issues of failing septic systems, aging septic systems have to be addressed. MS. BALL: And the day is coming, unfortunately, soon with the groundwater issues that we are February 14, 2012 Southold Town Board Meeting Minutes Page 118 having now. So I am glad that you understand how important things are and the road ends is really a major priority for Southold Town. COUNCILWOMAN DOHERTY: I just want to make a comment on the road endings. In the past few years, the Trustees have been working with DPW and Highway and the engineers department, when the Highway or DPW goes to the road ending, the Trustees work with them and we come up with ideas of like, pulling back the road ending and not paving all the way to the end and doing plantings ..... MS. BALL: Right. COUNCILWOMAN DOHERTY: It has been slow but every little bit helps. So we are trying to do that stuffwhile we are working on the bigger projects. MS. BALL: Yeah, I think that is very important to keep both balls in the air, so to speak. Especially for situations where they, if they are reconsidering, if they are considering repaving any area like that, it really would make sense to work in conjunction with the town highway department to make sure that we don't go around repeating this really mistaken, very antiquated attitude of the water just going right into the bays and creeks. Okay. Thank you. SUPERVISOR RUSSELL: Thank you. Would anyone else like to address the Town Board on this particular public hearing? (No response). RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Closing Comments SUPERVISOR RUSSELL: Now, would anybody like to address the Town Board on any issue under the sun? Please feel free. ROBERT DUNN: First thing that ! wanted to say is I read about the purchase on the car and this had nothing (inaudible), Robert Dunn, Peconic. You could have gone for the bigger car, better car and spent more money. The car you chose is probably going to run $10,000 to $20,000 less over the life of the car and certainly nobody can complain, you drove the last one for nine years. So I have seen a few things on the web about why does he need this and why does he need that. Well done. SUPERVISOR RUSSELL: Thank you. MR. DUNN: I wanted to ask you if anything further has been done on the armament on Mill Lane? SUPERVISOR RUSSELL: My understanding is they had a meeting with the DEC, I know Jamie Richter, don't know who else is out there, but if you contact me tomorrow, I will get a February 14, 2012 Southold Town Board Meeting Minutes. Page 119 status from them as to what the DEC had thought about in terms of.... MR. DUNN: Just to let you know, it's continued. And I happened to read in the Suffolk Times recently about this stormwater stuff and you were talking and this and that. As it's continued, it's removing a lot of bush that is waterside. Once that bush is gone, there is no protection from the road so if we are going to do the armament and I certainly hope we are going to do it, the sooner we do it, the better. Because it is going to protect that bush which has a very positive effect on (inaudible). SUPERVISOR RUSSELL: Understood. MR. DUNN: I am probably going to get a lot of feedback that is going to be not nice towards me for it but I hear about septic and I hear about stormwater and I have heard a lot of comments tonight. Bottom line is, people are going to have be forced to have septic systems examined. That they are working, that they are functioning and it is more the people near the beach, including myself. Inaudible. Bottom line. If it means that the town has to put an ordinance in that every three years or every five years or every seven years in the case of summer occupants, the septic systems have to be analyzed, looked at. It could be done with, where the town would be put out an RFP to let somebody give a bid for a time range, that doesn't cost any money to the town, it is to the homeowner but somebody would say, hey, we will come in and we will examine anybody who wants to in the month of June and we will do it for $50 if you come in that window and guys would be happy to do it because they could come in and do 10 or 20 or 100 at one time. And (inaudible). COUNCILMAN KRUPSKI: One of the things we are trying to address in Goldsmiths and everywhere, is it could be septic but it also could be wildlife .... MR. DUNN: Absolutely. COUNCILMAN KRUPSKI: Without DNA testing, we are not sure. With the MS4 Marratooka Lake and the watershed are, the classify it as, it is not endangered, what is the word they use now? Impaired. Well, how many thousands of geese are living in that water? Of course it is impaired. But we have no local control over the goose population, that is a federally controlled wildlife. So we can't ..... MR. DUNN: I just thought I read... COUNCILMAN KRUPSKI: The solution to the geese impairing the waterway, we have no recourse there. So, but we have to know like in Goldsmiths inlet, we have to know really... MR. DUNN: Well, we are doing, another thing that was (inaudible)... SUPERVISOR RUSSELL: The DNA... COUNCILMAN KRUPSKI: And then we will have an answer. Is it raccoon's, is it deer, is it February 14, 2012 Southold Town Board Meeting Minutes Page 120 geese, is it human's? We will have a really good idea of what .... MR. DUNN: We also have a lot of homes here very close to the water and I am not talking just about Goldsmiths. I know Mattituck, I know everywhere, homes that are 50-60-70 years old and who knows when the last time they had the septic checked, who knows if they had them cleaned, who knows if they are functioning, who knows if they are anything? I guarantee you that if you really walked around here, you would probably find some septic systems that are actually perking up. And that's, there has got to be a way to say that can't happen and an ordinance that says that they have to be checked so that we know that it is not happening. I mean, one of the places, you know, you have got fights to do certain things but there is nothing in this country, you can't have rights without responsibility. So you have got a fight to have a house by the beach and then you have to have the responsibility to see that when you flush your toilet it is not going there, it is going where it is supposed to be. I mean, if the septic system is working properly, within 15 feet of the water hitting the dirt, you are supposed to be able to drink it. That is how that anaerobic thing I supposed to happen. So if you have got a house that is 100 feet from the bay, them is no way that anything that is going in your septic system that is dangerous or uncomfortable or not good, should get into the water. SUPERVISOR RUSSELL: We agree. And Suffolk County Department of Health is also on board. The MS4 is a global thing. I know the Department of Health just approved two new systems that were fundamentally nitrogen reduction systems, you know, everybody is getting up to speed on it. but I think you are right, I actually like the idea of rolling out some sort of voluntary RFP, I think you could probably find people that would be interested in doing that for a modest fee, if they could get enough people interested. MR. DUNN: Yes. I mean, and when you do it, maybe they could offer a price that you could put in a, a lot of people have concrete caps. So for those who would be willing to take out the concrete cap and put an inspection thing for the next time you do it, you simply open it up and drop down a camera. I mean, current building, they put inspection caps in because in the old times, you didn't, you had to dig a hole in your law and (inaudible) so let's find a guy who is willing to say, okay, i will do this. It will be $50 to do this and it will be $250, I will put a new cap with an inspection cap so the next time we come in three years, we don't have to dig up someone's law, you just have to pop the cap and you can also use the same cap for cleaning, when he does the cleaning. MS. BALL: Inaudible. JUSTICE EVANS: I think it is .... MR. DUNN: Is anybody enforcing it? MS. BALL: It is a pumpout every three years. Inaudible. MR. DUNN: That's our suggestion but is it being done. February 14, 2012 Southold Town Board Meeting Minutes Page 121 SUPERVISOR RUSSELL: You are right. MR. DUNN: So I mean, maybe you don't need three years. If you have got a retired woman living alone in her house, she may not need her septic system to be cleaned out and she doesn't throw anything down her kitchen sink and it is basically flushing the toilet, she may not need it every three years, so that might not be a hard/fast rule. You may have a neighbor in the same house that has six kids and they should be doing it every year. But what I am saying, so that necessarily (inaudible) can do inspections. And let's see? Is the septic system full? You have got to get it drained. Is it still functioning? Is the stuff leaching out as it is supposed to or is it just not going out and you are kicking out solids? Which you are not supposed to. The solids are not supposed to pass if you leach. It is that simple. That isn't what I came to discuss it was more about that and I wanted to follow up on the dredging. The dredging permit ran out and it has got to be renewed if we are going to go forward with it but the dredging that is being done could be a (inaudible). 1 came out and sat in my house for three days with no water and no heat and I had a little electric heater going because I keep the electric on for the winter and I counted by Jamie's estimation what they were taking, there was a 30 yard truck they were using and there were two of them, he estimated that they probably weren't filling them, I agreed because it was a lot of water but going by the numbers I counted, all I did for three days was watch trucks go back and forth down the beach, about 15,000 yards of material that was carded down towards Kenney's beach. Any four year old knows, if you dig a big hole in the sand, the water comes back in, it collapses and there is no more hole, so when you take 15,000 yards of material out, it is just going to come in from the side. And cave in. ! have a little picture here that some of you may be familiar with, the o ne that used to go like this (inaudible). MS. BALL: Befbre and after the tree is gone. MR. DUNN: January 29th someone sent an email to somebody, (inaudible). In front of that tree, there (inaudible). And I didn't know that that was going to happen, so it was decided during the dredging that the cistern could potentially be dangerous to kids. The cistern was originally built in the dune and over time it became exposed. And it was decided that the cistern could be dangerous, kids could crawl in it and 1 was in total agreement with that, so they ripped it down. So now it is on the beach. They were digging up 15,000 yards of sand. We could have filled it in. and it would still be there, the beach that washed away would still be there and that tree would probably still be there. Now that tree was just one tree of a gazillion that are in Southold but it was character and it was part of the character of Goldsmiths and part of the character of Southold and it is gone now. And it is gone because I think we don't, we are trying to solve things but we are solving them in a manner that is not real good. Bottom line, if we are going to take out 15,000 yards of sand and move it down the beach, Kenney's beach or towards Kenney's beach and then the sides are just going to cave in again and that is not a good thing. Because it fills in and there is actually a huge amount of sand that's come back already. And I don't really feel it is properly draining the pond which is the whole goal here. I mean, because the permit only allowed us to go in so far, you basically you dig a big hole here and then you have a dyke here and then you have a pond here, so if we don't go back into the pond and if we have got to fight the DEC on it or whoever we have got to fight on it, the EPA or the WTF, whoever it needs to be for, it needs to for and I mean, if they have got a problem going in there with big machines, February 14, 2012 Southold Town Board Meeting Minutes Page 122 fine. Get the community involved and do it by hand. It is not that much, you are talking about 100 feet. There is also small scale dredges that can do it. they are not much bigger than, you know, a volkswagon. And they are not even motorized. (inaudible). And dredge it out without having to do these massive things that are really kind of (inaudible). Because that dune where the tree was, as that disappears, whatever storms come from the northeast goes south down the west bank of the road, if you follow me, it is the .... COUNCILMAN KRUPSKI: Right. It is all opened up now. MR. DUNN: It is just getting more open and more open and more open and more open. So the problem we have currently with the erosion along Mill Lane is just going to get you further in. COUNCILMAN KRUPSKI: Well, our eftbrts were to improve water quality by keeping the inlet open .... MR. DUNN: And they noble and that shouldn't stop. That shouldn't stop. I am not against that at all. I mean, if we lose Goldsmiths, if Goldsmiths ends up like Autumn Pond then I mean, that is just, that would just be a nightmare. COUNCILMAN KRUPSKI: You have a good suggestion. And also, don't forget, a lot of the jetty has been compromised, there is a lot sand up (inaudible) .... MR. DUNN: No, I mean .... COUNCILMAN KRUPSKi: So that, I think the fear of the last couple of years was all that sand coming through it, it used to go out into the Sound and be lost. Now it is coming through it and going along the shore. The fear was a lot of that sand was getting sucked into the inlet .... MR. DUNN: Well, we may need to reopen the jetty issue. COUNCILMAN KRUPSKI: But you are right about the scale, but the scale of the, the magnitude of the dredging, you are right, should be re-looked at because we are getting too efficient at removing the sand. MR. DUNN: Right. And the idea of removing the sand is removing the sand that is coming in... COUNCILMAN KRUPSKI: Right. MR. DUNN: And I think we are going beyond that. and that is not going to be beneficial for anybody or anything or anybody's goals. I know there is lot difference of opinions down there .... SUPERVISOR RUSSELL: I agree. And maybe with the close out of the existing permit, in the application for the new permit, we can take a new approach. Just so you understand, this is a February 14, 2012 Southold Town Board Meeting Minutes Page 123 heavily regulated .... MR. DUNN: Absolutely. SUPERVISOR RUSSELL: Industry by the federal and state govemment. We need their blessing. Mr. Terranova actually suggested taking some of the sand that is shoaled inside, taking that out and using that for a bypass for sand restoration. Some of those ideas, I am not an engineer, they seem promising. But I need to convince (inaudible)... MR. DUNN: There are two sandbars. Today there are two huge sandbars deep in the pond and I mean, I only know basically what Hugh Switzer told me because he has been around the longest, that pond used to be 20 feet deep. I mean, we all know that they were driving in liquor in there in the 20's. so, you couldn't do that today. You couldn't, you couldn't, you probably could drive a wagon in there because there has been so much stuff and it is still coming in. you know, what needs to be done is the inlet the whole way from about, you know my house, it is the one with the big chimney. So from my house back to 2nd Avenue or maybe a little bit beyond that needs to be done. And if they have got a problem bringing in machines, well, let's get some guys. I mean, we have a volunteer fire department here which can certainly get some volunteers to do this. And get in there for a day. I mean, for hundreds of years the farmers did it. the farmers and the baymen and they did it with a mule and a wagon. I mean, we can just get down there with some pails and some buckets and dig it out by hand if you have to. COUNCILMAN KRUPSKI: They kept it open for the mill. MR. DUNN: They kept it open for the mill and they kept it open to harvest the (inaudible) and they kept it open so that their scallops and whatever else was growing in there could continue growing. And it didn't go rancid. SUPERVISOR RUSSELL: And also Bill Ruland just told me it wasn't a mule and a wagon, he used a horse and a wagon. But you know what, I agree and when I talk to Peter Ten'anova, he has certainly an excellent mindset as to what is happening inside but we need to convince bureaucrats that have the authority to see it our way. How we do that, I don't know. MR. DUNN: Can't just throw up our hands though, because they said no. SUPERVISOR RUSSELL: You are right. MR. DUNN: I mean, they are not god either and there is some guy sitting in Albany, listening to somebody else in Albany who is listening to some fisherman that really don't know the dynamics of Goldsmiths or any of the other ponds around. SUPERVISOR RUSSELL: Fair point. MR. DUNN: You know, so it is .... Page 124 February 14, 2012 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: I appreciate it. Thank you very much. MS. BALL: I know if Hugh were here, he would tell you Bob, that it was dredged much further in and it didn't work. So that was done in 2005, Hugh was responsible for making that happen. It was dredged further in, the inlet was actually dredged further in but it didn't last any longer .... COUNCILMAN KRUPSKI: No, it didn't. It filled right in. MS. BALL: So (inaudible) COUNCILMAN KRUPSKI: No, you are right about doing it less. MS. BALL: But what I think we really need to focus on here and Bob is just getting involved, which is great, that there is this capital grant that we have got the municipal, the inter-municipal agreement that is going forward and the DNA testing and the tidal prism and all those things that they voted on earlier today, will be going into a study that is really trying to figure out the dynamics of what will work there instead of just doing band-aid dredging that we all know are temporary and looking at the total dynamic and that is hopefully going forward this spring. We should get the testing going on this spring. But it is really upsetting to see how fast the erosion is happening this year. I don't know whether last years narrow and deep was a better approach but it does certainly seem that this year it is going really fast and we haven't even had a nor'easter. MR. DUNN: That is because (inaudible) MS. BALL: We haven't even had a nor'easter. MR. DUNN: Inaudible. MS. BALL: That is what I am saying, the dune that has been gone on the east that has gone faster than last year. MR. DUNN: Whatever comes in from the north east and we have been pretty fortunate, there hasn't been (inaudible) so whatever does come in doesn't get stopped by that dune. It just comes right over what is a shallow beach now and hits the other side. And to be honest, it pulls some back out. I was out two weeks ago, there was a whole bunch of short logs. People must cut along the beach in Connecticut or wherever and the stuff just chums around, there was about 30 or 40 logs there and I know nobody has done any cleaning up. I am pretty much the only one that does it except when there are community cleanups. And there was probably 30 pieces there and they all disappeared, so it pulled it back out. And I will say that there has been some return sand, too. It seems as though the shallow depths got higher, in other words, when the tide is all out. It seems like there is something there but when the tide comes in, it is coming up much higher because the higher sands are disappearing. Today when we had low tide, now once you get into the inlet there, there is a rock jetty. Hugh told me that that was always there, it is kind of natural thing that happens. Well, one side is clear and the other side (inaudible). Nothing goes through. And I mean five or ten guys down there with some shovels once a month, once a week, February 14, 2012 Southold Town Board Meeting Minutes Page 125 whatever, would make a big difference (inaudible) that would continue to be able to run. And some of that sand what Peter is saying is right, there is a lot of sand in there that needs to get out. SUPERVISOR RUSSELL: Thank you very much. MR. DUNN: Okay. MS. BALL: For your information, if you look at those photos, you can see you know, the cistern was there (inaudible) That is why I think it is so important for us to really go forward as fast as possible with the study and the testing that is going to determine the course of action, what we can implement that will look at the whole eco-system of the inlet. The beach, the interior, the neck, the road and hopefully come to some conclusions about what can be done. I don't think a study that doesn't have a real end result in something that can be implemented is worth its salt. So that is what we are hoping to do .... MR. DUNN: And the study needs to come to an end. You can't study forever. SUPERVISOR RUSSELL: No, I agree. I agree. I am going to be candid here and I will probably get as many angry phone calls as you got on your septic comment. I also think the issue of the jetty needs to be put back on the table sooner or later. What we have is two thirds of a functioning jetty and one third that is not functioning and it is probably making matters worse. MR. DUNN: I agree. I may agree for different reasons than you think and you may know more about it than I do. The jetty is, I don't think it is helping anything except 10 or 12 houses to grow beach and you know, 1 have heard discussions here about when (inaudible) I would agree with those people that think they own it. they bought to the high tide mark. If the high tide line moved up to their house, they own less property. The fact that the high tide line moved out, they own more. If you take the jetty down, the high tide line is going to move back to their house. It is inevitable but you can't just protect the few at the expense of the rest. So I mean we all, we all have chosen to buy property or have properties on the beach, we are all in the same boat. We sink or swim together. And we take the same chances, we can't protect some at the expense of others. If the sands are supposed to move, then they should move. SUPERVISOR RUSSELL: Thank you. Would anybody else like to comment? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 9:55 P.M. Linda J. Cooper Southold Deputy Town Clerk February 14, 2012 Southold Town Board Meeting Minutes Page 126 RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell