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HomeMy WebLinkAboutAG-04/24/2012ELIZABETH 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 www. southoldt own.northfork.net FINAL AGENDA SOUTHOLD TOWN BOARD April 24, 2012 4:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town of Southold website: southoldtown.northfork.net Click on "Town Board On- Line"; Click Box "Yes" to be redirected to IQM2 and you will then be redirected to the Town Clerk online site. (2) www.townclerk, com Enter zip code 11971 in box on lower right hand side and "enter". On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold, Long Island, NY", click on this and another box will pop up that will tell you that you are being directed to another site click on "Yes" to go into the Town Clerk site. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 4:30 PM Meeting called to order on April 24, 2012 at Meeting Hall, 53095 Route 25, Southold, NY. I. REPORTS 1. Human Resources March 2012 Southold Town Meeting Agenda - April 24, 2012 Page 2 2. Justice Rudolph H. Bruer March 2012 3. Justice William H. Price Jr. March 2012 4. Program for the Disabled March 2012 5. Justice Louisa P. Evans March 2012 6. Trustees Monthly Report March 2012 7. Town Clerk March 2012 [] 1 st Quarter 8. Recreation Department Monthly Report March 2012 9. Solid Waste District Monthly Report February 2012 [] March 2012 II. PUBLIC NOTICES 1. Army Corps of Engineers Application by FHV, LLV to construct dock, ramp, and float; float perpendicular to dock and ramp in an "L" shape. Haywater Cove 2. NYS Liquor License Renewals Soundview Restaurant, 58775 Rt 48, Greenport 3. New York State Liquor License New Application Caroline Iannone (corp to be formed) - 5223-240 Love Lane, Mattituck lll. COMMUNICATIONS IV. DISCUSSION Southold Town Meeting Agenda - April 24, 2012 Page 3 1. 9:00 A.M. - John Cushman Budget Updates 2. 9:30 A.M. - Jim Bunchuck Recycling rebates and equipment repair 3. 9:45 A.M. - Jim McMahon, Jamie Richter 4th Street in New Suffolk, Road end and drainage issue 4. Jim McMahon, Jamie Richter Permit of the dredging of Goldsmith Inlet 5. MS4 Annual Report 6. County Road System IMA/Conveyance of Roads 7. Proposed New Requirements for the Issuance of a Commercial Transfer Station Permit 8. LL/Second Dwellings (Revised) to be set for PH 9. LL/Special Events to be set for PH 10. LL/Amendments to Chapter 275 to be set for PH 11. EXECUTIVE SESSION- Labor Matters involving employment of particular person/s 12. EXECUTIVE SESSION - Litigation Nocro, Ltd. and Heritage at Cutchogue, LLC v. Town of Southold, et al. [] Trustees and Freeholders of Southampton, et al. v. NYSDEC 13. Waive Planning Board Administrative Fee The Estate of Antone Grigonis SPECIAL PRESENTATION Arbor Day Poster Contest V. RESOLUTIONS Southold Town Meeting Agenda - April 24, 2012 Page 4 2012-349 CA TEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated April 24~ 2012. 2012-350 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting 5/8/12 7:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday~ May 8~ 2012 at the Southold Town Hall~ Southold~ New York at 7:30 P. M.. 2012-333 Tabled 4/10/2012 7:30 PM CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk B ike-A- Thon RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to the Bicycle Shows USA to use the followin~ roads for the North Fork Century Bike Ride on August 26~ 2012 beginning at 7:00AM: GREENPORT: Moore's Lane, Route 48/25, Chapel Lane ORIENT: Route 48/25, Village Lane, King Street, Narrow River Road SOUTHOLD: Route 48/25, Soundview Avenue, Lighthouse Road, Hortons Lane, North Sea Drive, Kenny's Road, Mill Road CUTCHOGUE: Route 48/25, Bridge Lane, Oregon Road, Alvah's Lane, Moores Lane, New Suffolk Avenue, Kimogenor Point Road, Orchard Street, 5th Street MATTITUCK: East Mill Road, Reeve Road, Grand Avenue, Wickham Avenue, Route 48, Westphalia Avenue, Cox Neck Road, Bergen Avenue, Sound Avenue The number of riders is limited to 1000. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; a $100 filing fee; $250.00 deposit for clean-up (deposit to be returned after event upon recommendation of Chief Flatley, Southold Town Police Department); Southold Town Meeting Agenda - April 24, 2012 Page 5 3. Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski 4. No objects of any kind shall be thrown to event spectators 5. No permanent markings be placed on town, county or state roads or property for the event; 6. Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. 2012-351 CA TE GO R Y: Refund DEPARTMENT: Town Clerk Refund of Disposal Sticker RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $30.00 to Mary Benolich, PO Box 308, Cutchogue, NY 11935, for the purchase of disposal sticker #05848, which was purchased in error. 2012-352 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Three Pump Out Boat Operators RESOLVED that the Town Board of the Town of Southold hereby appoints David Coinando~ Robert J. Barry and Robert A. Goodale, each to the seasonal position of Pumpout Boat Operator for the Trustees, effective April 25, 2012 through October 30, 2012, at a rate of $16.00 per hour. 2012-353 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Pumpout Boat Operator Fishers Island RESOLVED that the Town Board of the Town of Southold hereby appoints Matthew R. Skinner to the seasonal position of Puinpout Boat Operator for the Trustees in waters around Fishers Island, effective April 25, 2012 through October 30, 2012, at a rate of $16.00 per hour. 2012-354 Southold Town Meeting Agenda - April 24, 2012 Page 6 CATEGORY: DEPARTMENT: Property Usage Town Clerk Use of Recreation Center Parking Lot RESOLVED that the Town Board of the Town of Southold hereby grants permission to the New York Organ Donor Network to use the Recreation Center parking lot in Peconic to park overflow vehicles on Sunday, May 20, 2012 from 7:00 a.m. to 3:00 p.m.. A certificate of insurance is already on file with the Town Clerk's office for the event. 2012-355 CATEGORY: DEPARTMENT: Public Service Town Clerk Fireworks Permit to Star Hose Company of the Greenport Fire Department for a Fireworks Display on May 26 andMay 28, 2012 RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk to Star Hose Company of the Greenport Fire Department, for a fireworks display on May 26 and May 28, 2012, at Greenport High School's field, Greenport, New York upon the payment of a single fee of $100 and subject to the applicant's compliance with the requirements of the Town's policy regarding the issuance of fireworks permits and subject to the approval of the Town Attorney. 2012-356 CATEGORY: DEPARTMENT: Planning Planning Board Planning Bd Training Requirement Proposal 2012 RESOLVED that the Town Board of the Town of Southold hereby authorizes and approves the Southold Town Planning Board's training proposal entitled "Planning Board Training Requirement Proposal for 2012" as sufficient to satisfy the training requirements for Planning officials pursuant to Town Law Section 271(7) (a-d). 2012-357 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Southold American Legion Memorial Day Parade Fiscal Impact: Police Department cost for event $28Z 14 Southold Town Meeting Agenda - April 24, 2012 Page 7 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Griswold Terry Glover Post 803 Southold American Legion to line up along Boisseau Avenue and Hobart Road and march from Boisseau Avenue to Tuckers Lane along Route 25 for the Annual Southold Town Memorial Day Parade in Southold, New York on Monday, May 28, 2012, beginning at 10:00 AM, provided: 2. 3. 4. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski No permanent markings be placed on town, county or state roads or property for the event; Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees have been waived for this event. 2012-358 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute &e Agreement Between &e Town of Sou&old and the Fi#age of Oreenport for the Use of &e Fi#age Marine Pump-Out Station 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 the Village of Greenport for the use of the Village Marine Pump-Out Station in connection with the Trustees' pump-out boat for the period May 11, 2012 through October 31, 2012, subject to the approval of the Town Attorney. 2012-359 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute the Notice/Renewal Application/Permit m Connection with the State Pollutant Discharge Elimination System (SPDES) Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Notice/Renewal Application/Permit in connection with the State Pollutant Discharge Elimination System (SPDES) permit regarding the Fishers Island Wastewater Treatment Facility, which is required by the NYS Department of Environmental Conservation under the terms of our SPDES Permit #NY-019- 9214, subject to the approval of the Town Attorney. Southold Town Meeting Agenda - April 24, 2012 Page 8 2012-360 CATEGORY: DEPARTMENT: Planning Planning Board Seminar Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Mark Terry, Principal Planner, Brian Cummings, Planner and Alyxandra Sabatino, Planner to attend a seminar on NYS DEC-Endorsed Erosion & Sediment Control Training in Riverhead, on May 31, 2012. All expenses for registration to be a legal charge to the 2012 Planning Budget (Meetings & Seminars: B.8020.4.600.200). 2012-361 CATEGORY: DEPARTMENT: Attend Seminar Public Works DPI/V Conference - Municipal Lighting/Power 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-efficient power, municipal lighting, green transportation & green procurement at Stony Brook University, on April 25, 2012. This is a free seminar, with travel to Stony Brook by a DPW vehicle. 2012-362 CATEGORY: DEPARTMENT: Legislation Town Clerk Rescmd Resolution 2012-341 RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution 2012- 341, adopted at the April 10, 2012 regular Town Board meeting in its entirety, which read as follows: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, onthe l0th day of April, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Second Dwellings" now-, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 8th day of May, 2012 at 7:34 p.m. at which time all interested persons will be given an opportunity to be heard. Southold Town Meeting Agenda - April 24, 2012 Page 9 The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Second Dwellings" 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 Second Dwellings". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose. It is the intent and purpose of this law to allow a second dwelling on parcels within the A- C, R-40, R-80, R-120, R-200, R-400 and LB districts that have sufficient yield for two lots within each respective zoning district without requiring the creation of a second lot through the subdivision process upon the approval of the Zoning Board of Appeals. It is also the intent of this law to enhance property values and the health, safety and welfare of the community. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-13. Use regulations. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals... (17) A second dwelling subiect to the following requirements: (a) The parcel upon which the principal dwelling and the proposed second dwelling exist must contain the required amount ofbuildable land for the creation of at least two building lots according to the applicable bulk schedule. (b) A yield map prepared in accordance with the requirements of Town Code §240-10(B) must be submitted by the applicant to the Zoning Board of Appeals and approved by the Planning Board. In addition to the yield map, the applicant shall also submit a yield map review fee of $500.00 to the Planning Board. The Planning Board may require any additional information it deems necessary to determine the yield. (c) The principal dwelling and the proposed second dwelling shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. (d) The bulk schedule requirements for principle structures are applicable to the second dwelling. (e)No additional dwellings will be permitted on the parcel. (f) The special exception shall be subiect to a covenant placed on the entire existing parcel stating that the second dwelling uses one unit or one lot in any future subdivision and the future yield is reduced by one lot. (glParcels that do not meet the yield requirements of §240-10(B)(2) are not Southold Town Meeting Agenda - April 24, 2012 Page 10 eligible for a second dwelling special exception permit. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 2012-363 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute the Letter of Intent, Between the Town of Southold and the New Fork State Environmental Facilities Corporation RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Letter of Intent, Clean Vessel Assistance Progran~ Operation & Maintenance Annual Application, request for reimbursement form, and any other accompanying documents between the Town of Southold and the New York State Environmental Facilities Corporation in connection with the filing of a Clean Vessel Assistance Program Operation & Maintenance Grant Program Annual Application for 2012, for grant funds up to the maximum amount of $5,000 per boat regarding the two pump-out boats owned and operated by the Town of Southold, utilized for the Town and Fishers Island, subject to the approval of the Town Attorney. 2012-364 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Recreation Hire Summer 2012 Recreation Program Instructors RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the Summer 2012 Recreation programs, all in accordance with the approval of the Town Attorney. Funding for the instructors listed below has been budgeted for in the Recreation Department's 2012 Instructor line A7020.4.500.420. Lynda Agrusso (guitar) .............................................$30/hour Christine Angell (youth ballet & jazz) ........................... $25/hour Lisa Baglivi (watercolor) ......................................... $30/hour Lenora Dome (belly dancing) ................................................ $30/hour Southold Town Meeting Agenda - April 24, 2012 Page 11 Martha Eagle (aerobics/Pilates/yoga/power stretching) ....... $30/hour Susan Forte (Ebay course) ...................................................... $30/hour Denise Gillies (tai chi) ............................................ $30/hour GymNation (Gymnastics) .......................................... $40/person Island's End Golf& Country Club (golf lessons) ............. $100/person Thomas LaMothe (Spanish) ....................................... $30/hour Lois Levy (Art Workshop) ......................................... $30/hour Little Red Barn (Horseback lessons) ............................. $100/person Rosemary Martilotta (yoga) ................................................... $55/class Judy McCleery (digital photography) ............................ $30/hour Kate McDowell (tennis) ........................................... $30/hour Maribeth Mundell (singing program) ............................ $30/hour North Fork School for Dogs (dog obedience) .................. $70/person Sonomi Obinata (Japanese Cooking) ............................ $30/hour Theresa Pressler (youth arts & crafts program) ............... $30/hour R & C Agency Management Corp. (defensive driving) ...... $30/person 2012-365 CATEGORY: DEPARTMENT: Budget Modification Supervisor Budget Modification - Supervisor%' Office Fiscal Impact: To appropriate money to cover overtime and vacation earnings to a retired employee. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund Whole Town budget as follows: From: A. 1990.4.100.100 To: A. 1220.1.100.200 A. 1220.1.100.400 Unallocated Contingencies $4,451 Total $4,451 Overtime Earnings $1,058 Sick Earnings $3,393 Total $4,451 2012-366 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Letter Agreement Dated April 5, 2012, Between the Town of $outhold and the Long lsland Lighting Company D/B/~I LIP~I Southold Town Meeting Agenda - April 24, 2012 Page 12 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Letter A~reement dated April 5, 2012, between the Town of Sonthold and the Lon~ Island Li~htin~ Company d/b/a LIPA regarding the donation of Pole #38-7, 30 Ft. Class 4 at Sound View Dunes Park, pursuant to the Sound View Dunes Management Plan, subject to the approval of the Town Attorney. 2012-367 CATEGORY: DEPARTMENT: PD Surplus Fehicle Surplus Equipment Police Dept RESOLVED that the Town Board of the Town of Southold hereby declares the following vehicle to be surplus: Asset # Description VIN # 3302 2005 Ford CVC 2FAHP71W45X126757 and be it further RESOLVED that the Town Clerk's office is hereby authorized and directed to advertise this vehicle for sale at a minimum bid of $450.00. 2012-368 CATEGORY: DEPARTMENT: Budget Modification Accounting SEMO, FEMA A id Fiscal Impact: Re-appropriate SFAJO & FEM~I disaster aid from 2011 to 2012for Soundview Road project. RESOLVED that the Town Board of the Town of Southold hereby increases the 2012 Highway Fund Part Town budget as follows: Appropriations: DB.5110.4.400.250 Revenues: Storm Damage/Road Stabilization $ 66,636 Total $ 66,636 DB.3960.50 SEMO Aid, Transportation $ 9,519 DB.4960.50 FEMA Aid, Transportation 57,117 Total $ 66,636 Southold Town Meeting Agenda - April 24, 2012 Page 13 2012-369 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification for Landmarks Preservation Fiscal Impact: Provide appropriation for seaosnal Program.4id I RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund Whole Town budget as follows: From: A. 1990.4.100.100 A. 7520.4.600.100 To: A. 7520.1.300.100 Unallocated Contingencies $ 750 Landmarks Preservation, Legal Notices 750 Total $1,500 Landmarks Pres., Seasonal, Regular Earnings $1,500 Total $1,500 2012-370 CATEGORY: Employment - Town DEPARTMENT: Accounting AppointAnne Bialeski Tax Cashier RESOLVED that the Town Board of the Town of Southold hereby appoints Anne Bialeski to the position of a Tax Cashier for the Tax Receivers' Office effective May 1, 2012, at a rate of $16.56 per hour. 2012-371 CATEGORY: DEPARTMENT: Budget Modification Assessors 2012 Budget Modification Fiscal Impact: This budget modification ia' to cover &e payout of accumulated vacation time for an employee who resigned. RESOLVED that the Town Board of the Town of Southold hereby modifies to the General Fund Whole Town 2012 Budget as follows: To: A1355.1.100.300 Board of Assessors Full Time Employees Southold Town Meeting Agenda - April 24, 2012 Page 14 From: A1355.1.200.100 Vacation Eamings $937 Board of Assessors Part Time Employees Regular Eamings $937 2012-372 CATEGORY: DEPARTMENT: Budget Modification Town Clerk Appropriation for Bay to Sound Fiscal Impact: to appropriate the $35,000 grant from Suffolk County for the Bay to Sound work that is' being completed by New York Natural Heritage Program (this' is' separate from the ]STEA grant from the State). RESOLVED that the Town Board of the Town of Southold hereby increases the 2012 General Fund Whole Town budget as follows: Revenues: A. 2210.95 Bay to Sound (Suffolk County) $35,000 Appropriations: A. 1989.2.500.100 Bayto Sound Project $35,000 2012-373 CA TEGORY: Legal DEPARTMENT: Public Works Cutchogue Municipal Parking Lot - Closure RESOLVED the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to publish a Legal Notice in the Suffolk Times Newspaper, giving notice that a privately- owned passageway located along the easterly property line boundary of SCTM#1000-102-5-3, 1000-102-5-4 and 1000-102-5-9.6, at Main Road and Griffing Street, Cutchogue, New York, for approximately twelve (12) feet to the property now or formally know as Old Town Art & Crafts, will be closed to the public for a period of 24 consecutive hours beginning May 9, 2012 at 8AM until May 10, 2012 at 8AM. 2012-374 CATEGORY: DEPARTMENT: Budget Modification Solid Waste Management District SI4/MD Budget Mods: Equipment Fiscal Impact: Southold Town Meeting Agenda - April 24, 2012 Page 15 A/C repair for Komatsu; u-joint for Ford 350pickup. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Solid Waste Management District budget as follows: From: SR 8160.4.400.680 (Trailer Fleet Repairs) SR 8160.4.100.625 (Maint/Supply Chevy Pickup) $2175.00 To: SR 8160.4.400.666 (Repairs Komatsu 450) SR 8160.4.100.622 (Maim/Supply 350 Pickup) $2000.00 $175.00 $2000.00 $175.00 2175.00 2012-375 CATEGORY: DEPARTMENT: Policies Town Attorney UnsafeBuilding(Jacob~/Cos~ RESOLVED that the Town Board of the Town of Southold, in accordance with the Unsafe Buildings Section 100-9 of the Southold Town Code, and Resolution No. 2012-174, hereby finds that the costs and expenses incurred by the Department of Public Works and the Department of Solid Waste in effectuatin~ the cleanup of the property and in makin~ secure the Unsafe Buildin~ located at 15775 County Route 48~ Cutcho~ue~ totals $6~206.08 and remains unpaid~ and therefore~ shall be levied a~ainst the real property of John Jacobs~ SCTM #1000-101-1-12, and shall be collected at the same time and in the same manner as Town taxes. 2012-376 CATEGORY: DEPARTMENT: Budget Public Works Streetlight - Shipyard Lane/Cleavespomt Condo RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Lon~ Island Power Authority (LIPA) to energize a streetli~ht (pole #23), located on the west side of Shipyard Lane, East Marion, New York. 2012-377 CATEGORY: DEPARTMENT: Committee Resignation Land Preservation Southold Town Meeting Agenda - April 24, 2012 Page 16 Resignation from Land Preservation RESOLVED that the Town Board of the Town of Southold hereby accepts with regret the resignation of Raymond Huntington from the position of committee member for the Land Preservation Commission, effective immediately. 2012-378 CATEGORY: DEPARTMENT: Road Dedications Town Attomey Conveyance by Quitclaim Deed from the County of Suffolk to the Town of $outho/d with Re6pect to Certain Roads Known as (1) County System Road No. 48, Middle Road, and (2) County Road System No. 84, Cox Neck Road~Mill Neck Road RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute documents in connection with the conveyance by Quitclaim Deed from the County of Suffolk to the Town of Southold with respect to certain roads known as (1) County System Road No. 48, Middle Road, and (2) County Road System No. 84, Cox Neck Road/Mill Neck Road pursuant to the Intermunicipal Agreement entered into by the parties dated 3/16/12, at no consideration to the Town, all recording fees to be paid by the County of Suffolk, subject to the approval of the Town Attorney. 2012-379 CATEGORY: Employment - Town DEPARTMENT: Accounting ,~lppoint Michael Collins Civil Engineer RESOLVED that the Town Board of the Town of Southold hereby appoints Michael M. Collins to the position of Civil Engineer for the Engineering Department, effective May 14, 2012, at a rate of $72,800.00 per year. 2012-380 CATEGORY: Local Law- Public Hearing DEPARTMENT: Town Attomey PH 5/22/12 @ 4:32 PM LL/$]2ecial Events WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day of April, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events" now, therefore, be it Southold Town Meeting Agenda - April 24, 2012 Page 17 RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 22"d day of May, 2012 at 4:32 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 205~ Public Entertainment and Special Events" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 205~ Public Entertainment and Special Events". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intent of this Article to establish procedures and requirements for conducting special events in the Town of Southold to preserve the public peace, good order, the integrity of the use regulations established under the Zoning Code, to properly provide for the health, safety and welfare of the general public and to provide penalties for violations of the provisions herein. II. Chapter 205 of the Code of the Town of Southold is hereby amended as follows: Southold Town Meeting Agenda - April 24, 2012 Page 18 Southold Town Meeting Agenda - April 24, 2012 Page 19 id 'b fc th b f? i !D i'ai! Fr a5 o ro co gorvanooo 3omora ayu ....... 2. §205-1. Del'tuitions. PERSON Any association, partnership, corporation, cooperative group, trust or other entity, as well as an individual. SPECIAL EVENT Any temporary gathering, demonstration, performance, exhibition, amusement or activity with expected attendance that at any time exceeds the lawful occupancy of the public area of the building, the parking capacity of the site or that is not currently a permitted use of the property in the applicable zone, that is conducted or sponsored by a person, organization, entity or association, including but not limited to carnivals, circuses, fairs, bazaars, outdoor shows and concerts, parades, walks, runs, marathons, bicycle races or motorcycle rallies, and which involves one or more of the following: 1) 2) 3) 4) 5) 6) the closing of a public street; the use, blocking or restriction of Town property or rights of way; the use of amplified sound; the sale of merchandise to the public; the sale or service of food to the public; the substantial increase or disruption of the normal flow of traffic on any street or highway; 7) the placement of portable toilets; Southold Town Meeting Agenda - April 24, 2012 Page 20 8) 9) the placement of temporary no-parking or directional signs or banners; the use of any Town services that would not be necessary in the absence of such an event §205-2. Permit required. To preserve public peace, good order and the health safety and welfare of the residents of the Town of Southold, special events shall be prohibited in the Town of Southold, unless a special event permit is obtained in accordance with the requirements set forth in this chapter. The Zoning Board of Appeals office may accept a single application for a recurring event or a series of similar events (not to exceed 6 in a 3 month period) that are of like size and scope. §205-3. Application Requirements. Information and material to be submitted with an application for a special event permit includes the following: 1. A completed Special Event Application Form which includes the following information: a. Name, address and telephone number(s) of the person (s) who will be organizing the event and who can be contacted prior to and during the event by town officials~ b. The address of the event location. c. Proposed dates and hours of the special event, including set up and shutdown times; d. Expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators/participants; Expected numbers of automobiles and other vehicles intended to use the property at one time and collectively; The name, address and telephone number of the person(s) who will be engaged in the preparation and/or sale of food, alcohol, beer and a copy of the State Liquor Authority License and County Department of Health Services permit number for the activity. Name and address and cellular telephone number of any security company which will work on the premises, and a description of the duties to be performed. The dimensions of any tents to be utilized for the event. All tents erected in connection with an event will require an application to and the approval of the Building Department i. Certification that the property where the event is to take place is not subject to any covenant or restriction limiting its use, or if the use is restricted by easement or otherwise, a copy of a survey or diagram depicting the easement area and any reserved area where development rights are intact. j. The applicant must provide a certificate of general liability insurance naming the Town of Southold as an additional insured with limits of 2 million dollars per occurrence or such other limit as may be required by the Town Board. Southold Town Meeting Agenda - April 24, 2012 Page 21 An application fee in the following amounts for each event: a. $250.00 for events with up to 250 attendees b. $350.00 for events with 251 to 500 attendees c. $450.00 for events with 501 to 749 attendees d. $550.00 for events with 750 to 999 attendees e. $650.00 for events with 1,000 or more attendees £ Applications that are submitted less than sixty (60) days prior to the proposed event may be rejected or subject to a late processing fee of $250.00. A general description of the proposed event including: a. The purpose of the event and description of the nature of the activities to be carried on and the admission fee to be charged, if any; b. Names of groups, organizations, charities or individuals who shall benefit from the proceeds of the event. A parking/event plan showing: a. The size of the property and its location in relation to abutting streets or highways; b. The size and location of any existing building(s) or structure(s) that will be in operation during the course of the event and any proposed building, structure or signs to be erected temporarily for the event; c. The location of the stage or tents, if any; d. The designated areas of use for spectators, exhibitors, vendors, employees and organizers; e. Location of all exits~ £ The location of all fire extinguishers and other fire safety equipment; g. The location of all temporary utilities to be installed for the event, if any; h. The layout of any parking area for automobiles and other vehicles and the means of ingress and egress for such parking areas. The parking spaces must allow for 300 sq. ft. per car. i. A traffic control plan for vehicles entering and leaving the site for the proposed event. i. Plan for the use of live outdoor music, loudspeakers and other sounds which will be used, if any and the type and location of speakers and other audio equipment. k. A description of emergency access and facilities related to the event. 1. Provisions to dispose of any garbage, trash, rubbish or other refuse. m. Location and description of any additional lighting to be utilized in coniunction with the event~ n. Location of sanitar~ facilities on site. Southold Town Meeting Agenda - April 24, 2012 Page 22 A description of any signage to be displayed adiacent to a Town, county or state road, including size, location and dates of display. ZBA Chairperson may require the applicant to send and provide certification that written notice was sent to every property owner abutting or adjacent to the property where the event is to be held, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the property that is the subject of the application. Said notice shall include the date, time and location of the proposed special event. Notwithstanding the foregoing, the Chairperson of the Zoning Board of Appeals shall have the discretion to waive any application requirement set forth in this Section. §205-4. Application Review Procedure and Standards. All applications for a special event permit must be submitted at least sixty (60) days prior to a proposed event to the Zoning Board of Appeals office. Any applications that are incomplete will not be accepted or processed. When the Chairperson of the Zoning Board of Appeals determines said application is complete, the Chairperson shall distribute said application and documentation to any Town, County or State agencies that may have jurisdiction over the event for their review and comment on any of the criteria set forth in §205-4(5) of this Article. Such referrals may include the Police Department, the Planning Department, the Building Department, the Land Preservation Department, the Code Enforcement Department, Fire Safety Inspector and Town Attorney. Upon receipt of comments, the Chairperson of the Zoning Board of Appeals shall determine whether to require revisions to the proposed event application. If no revisions are required or, upon the submission of a revised application, the Chairperson of the Zoning Board of Appeals may deny or approve the application with conditions. In determining whether to grant a special event permit, the Chairperson of the Zoning Board of Appeals shall consider the following: a. the size and capacity of the site to accommodate the proposed event; b. the facilities availabl% c. the availability of highway and other means of transportation to and from the site; d. Impact ofthe event on the safe and orderly movement oftraffic within and contiguous to the event; Need for the Town to police such event, and whether the numbers of police officers assigned to properly police such event will prevent the Town from providing adequate police protection to the remainder of the Town. Southold Town Meeting Agenda - April 24, 2012 Page 23 £ Impact of the event on fire and police protection and ambulance service to the areas contiguous to the event and to the Town in general. g. Impact of the event on the movement of fire-fighting equipment or ambulance service to the Town or to areas contiguous to the event. h. Whether the owner, applicant or event sponsor has violated a previously issued special event permit; i. Verification that there are no outstanding violations on the property at which the event will be held or any outstanding or unsatisfied conditions of a town agency approval, including but not limited to those of the Planning Board or the Zoning Board of Appeals. j. Verification that the grant of the permit will not violate any existing covenants or easements on the property. k. Whether a permit has been ~ranted for a prior event that was the same or substantially similar to the event applied for; 1. If two or more events are scheduled for the same date are within a half mile radius of each other, the Chairperson of the Zoning Board of Appeals will determine if there are adequate resources for the events. If there are not sufficient resources to ensure public health and safety, the Chairperson of the Zoning Board of Appeals shall deny one or more permits if the impacts of the events cannot be mitigated. When deciding which event to deny, the Chairperson of the Zoning Board of Appeals shall consider the following: i. Whether the event is recurring ii. Whether the site has been subject to a violation within the last three years. iii. The date the permit application was submitted. iv. If events occurred the prior calendar year, the Chairperson of the Zoning Board of Appeals shall consider what their impact was on that area of the Town v. Whether the event will yield a donation to one or more local charities. m. If an applicant is requesting a special event permit that was held the previous year, the verification must be submitted from those charities listed on the previous application. Impacts on adjacent property owners and the surrounding neighborhood; and Any other matters that relates to the health, safety and welfare of the general public. Any event held on property owned, leased or controlled by the Town or a Special District within the Town, or any event where the expected attendance exceeds 1,000 people shall be subject to approval by resolution of a majority the Town Board and in addition to the criteria set forth above, the Town Board may consider the following additional criteria: a. The size of the premises in relation to the number of people attending the event; b. The sufficiency of arrangements made to control traffic, parking, noise, lighting and refuse; Southold Town Meeting Agenda - April 24, 2012 Page 24 c. The frequency of events proposed or approved for the premises and whether the frequency is so great that the events constitute a persistent usage of the property incompatible with its character or with that of the surrounding area; d. Conflicts with ordinary public use of the land or facilities involved; e. Whether the applicant has been convicted for failure to comply with the terms of this chapter within the past three years; and £ Adherence to the Town Board policy of discouraging events at Town beaches and parks from the Friday before the observance of Memorial Day until Labor Day. For any event that is not on property owned, leased or controlled by the Town, a deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police and highway costs associated with the event. After the event, the deposit will be used to cover such costs and any monies remaining will be returned to the applicant. For any event that is to be held on land owned, leased or controlled by the Town of Southold: a. the applicant shall pay a clean up deposit of $250; and b. Where the Town determines that there is no specific Town benefit from the event or that the event is conducted for profit, a deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police and highway costs associated with the event. After the event, the deposit will be used to cover such costs and any monies remaining will be returned to the applicant. Notwithstanding the foregoing, the Town Board shall have the discretion to waive any application requirement set forth in this Chapter. 10. A special event permit is not transferrable and shall expire at the close of the event(s) for which it is issued. 11. The special event permit issued hereunder shall be displayed on the premises during the special event and shall be available for inspection by a police officer or other enforcement officer of the Town upon request. 12. Applications for tent permits required for any event must be submitted directly to the Building Department. §205-5. Modification or rescission of permit. If, after a permit is issued, the Chairperson of the Zoning Board of Appeals or Town Board determine that any of the representations and/or statements contained in the application are Southold Town Meeting Agenda - April 24, 2012 Page 25 materially inaccurate or any of the conditions of the permit have not been complied with, the Town may serve the permittee's agent, a notice of rescission of special permit specifying the manner in which the permittee has not complied with the terms of its permit and/or identifying the incorrect information supplied in the application. The Zoning Board of Appeals Chairperson or the Town Board may, for good cause, modify or rescind such permit, absolutely or upon conditions. §205-6. Penalties for offenses. It shall be unlawful for any owner, occupant or their agents or any other person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department or to conduct any special event in a manner not in compliance with a permit issued pursuant to this chapter and with the provisions of this Code. For each offense against any of the provisions of this chapter or failure to comply with a written notice or order of any Director of Code Enforcement, Zoning Inspector or the Southold Police Department within the time fixed for compliance therewith, the owner, occupant or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department shall be subiect to the following: a. Failure to obtain a permit. Any person conducting a special event that is regulated under this chapter without first obtaining a permit according to the procedures outlined herein shall be subiect to a fine not less than $500.00 and not more than $1,000.00. b. Failure to comply with the terms of a permit. Any person failing to comply with the terms of a permit shall be subiect to a fine of not less than $500.00 and not more than $1,500.00. For each subsequent offense, violator shall be guilty of a misdemeanor punishable by a fine not less than $500.00 nor more than $5,000.00. No new special event permits will be issued to any property owner, occupant or their agent if they are a named defendant in an outstanding or unresolved violation of this Chapter. The Town may also maintain an action or proceeding in a court of competent iurisdiction to compel compliance with or to restrain by iniunction the violation of this chapter. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Southold Town Meeting Agenda - April 24, 2012 Page 26 IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 2012-381 CATEGORY: DEPARTMENT: Legislation Town Attorney LL/Special Events to SCPC & PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events" to the Southold Town Plannin~ Board and the Suffolk County Department of Plannin~ for their recommendations and reports. 2012-382 CATEGORY: DEPARTMENT: Sanitary Flow Credits Town Attorney 13200 Main Road Corp. SFC Transfer Application WHEREAS, the Town of Southold has established a Transfer of Development Rights Program whereby sanitary flow credits can be transferred into a TDR Bank from open space lands purchased by the Town of Southold; and WHEREAS, the TDR Bank currently has 16.14 credits on deposit from lands purchased by the Town of Southold that are located within the Mattituck-Cutchogue School District; and WHEREAS, an Application for Transfer of Sanitary Flow Credits was filed by 13200 Main Road Corp. on January 18, 2012 seeking transfer of 2 credits to the property known as SCTM #1000-114-11-9 located on Route 25 in Mattituck, in the Mattituck-Cutchogue School District; and WHEREAS, the applicant seeks to utilize the credits on land designated as Hamlet Business (HB) to create affordable homes that will remain affordable in perpetuity, pursuant to Town Code Section 117-9; and WHEREAS, the applicant seeks to utilize the credits on land within a designated receiving area; and Southold Town Meeting Agenda - April 24, 2012 Page 27 WHEREAS, the Town Board of the Town of Southold held a public hearing on the action on April 24, 2012 at which time all persons were given the opportunity to be heard; and WHEREAS, the applicant modified its Application and now seeks the transfer of up to 2 credits, to create a development of 3 affordable homes on the aforementioned property; and WHEREAS, the Town Board conducted a coordinated SEQRA review of the action, and issued a Negative Declaration on March 27, 2012. NOW, THEREFORE, BE IT RESOLVED that the Town Board has evaluated the effects of the proposed transfer and finds that the District contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and further finds that there will be no significant environmentally damaging consequences and that such development is compatible with the comprehensive planning efforts of the Town, and the Town Board incorporated the report of the Planning Board dated March 6, 2012 regarding the same; and it is further RESOLVED that the Town Board of the Town of Southold hereby transfers up to two (2) sanitary flow credits from the Town's TDR Bank to 13200 Main Road Corp. for its proposed development of 3 affordable apartments in a multiple dwellin~ unit for the proposed development at SCTM #1000-114-11-9; and it is further RESOLVED that upon issuance of the Sanitary Flow Credit Certificate, the Town Clerk shall enter this deduction of up to two (2) sanitary flow credits from the Sanitary Flow Credit Log; and be it further RESOLVED that the applicant shall receive a Sanitary Flow Credit Certificate, which shall not be signed by the Supervisor and released by the Town Clerk to the applicant until (i) the covenants and restrictions required by Town Code Section 117-9 have been filed and such filing has been approved by the Town Attorney, (ii) the applicant provides confirmation of the number of sanitary flow credits required by Suffolk County Department of Health Services, (iii) the applicant provide the Town Clerk with a Suffolk County Department of Health Services approval, and (iv) the applicant pays the per credit sale price established by the Town Board to the Town Clerk; and be it further RESOLVED that the Town Clerk shall forward this resolution to the Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town's database and GIS system. 2012-383 CATEGORY: DEPARTMENT: Seqra Town Attorney Southold Town Meeting Agenda - April 24, 2012 Page 28 SEQRA LL/Tear Down RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled "A Local Law in Relation to Amendments to Chapter 144, Fire, Prevention and Bnildin~ Code Administration, and Chapter 280, Zoning" is classified as a Type II action pursuant to SEQRA roles and regulations, and is not subject to further review under SEQRA. 2012-384 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL/Tear Down WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, onthe 27th day of March, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Buildin~ Code Administration, and Chapter 280, Zonin~ 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 144, Fire Prevention and Bnildin~ Code Administration, and Chapter 280, Zonin~" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Bnildin~ Code Administration, and Chapter 280, Zoning". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed Chapter 144, Fire Prevention and Building Code Administration, and Chapter 280, Zoning, and has determined that certain revisions are required to clarify the building permit application process and to add or revise certain definitions to the Zoning Code to clarify the distinction between demolition, alteration, enlargement and reconstruction. The Town Board has also determined to authorize the Zoning Board of Appeals to refer certain applications to an independent consultant upon the vote of a majority plus one of the Zoning Board of Appeals. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: Southold Town Meeting Agenda - April 24, 2012 Page 29 § 144-8. Building permit required; application for permit. 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 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: (a) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereo£ (b) The section, block and lot numbers, if any, as they appear on the latest tax records. (c) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. (d) A survey of the lot accurately depicting all currently existing and proposed structures. (d)(e) The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot and adjacent lots as well as the calculation of existing and proposed lot coverage. (e)(_f)The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate, and the necessary computations to establish conformity to the bulk and density regulations. (f)(g) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. (g)(h) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. (h)(i) A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Building Inspector, a survey may be required, prepared by a licensed engineer or land surveyor. (i)(i) Each application for a building permit for a new dwelling unit shall be accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect. Southold Town Meeting Agenda - April 24, 2012 Page 30 (k) (/)(D In instances where a Notice of Disapproval has been issued by the Building Inspector and an application for a building permit is submitted after subsequent review and approval by the Town of Southold Board of Trustees, the Zoning Board of Appeals, and/or the Planning Board, the applicant shall also submit the approved plan stamped as "approved" by the respective Board and a copy of the Board's final determination. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth above. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted construction documents shall be returned to the applicant to be kept at the work site. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, or as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for a building permit. The permit holder shall immediately notify the Building Inspector of any change occurring during the course of work. The building permit shall contain such a directive. If the Building Inspector determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued. III. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-4. Def'mitions. The following definitions have been added and/or revised: ALTERATION - modification made in or on an existing building or structure that does not increase its exterior dimensions. 0 DEMOLITION - Any removal of a structure or portion thereof that exceeds 75 ¥o of the total square footage of the existing structure before the start of removal. ENLARGEMENT - As applied to an existing structure, any activity causing an increase in one or more exterior dimensions of the building or structure or any part thereo£ ARTICLE XXIII Nonconforming Uses and Buildings Southold Town Meeting Agenda - April 24, 2012 Page 31 § 280-122. Nonconforming buildings with conforming uses. A. Nothing in this article shall be deemed to prevent the rcmc,~c!/ng alteration, rcccnst:"acticn or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. § 280-123. Nonconfornfing buildings with nonconforming uses. A. A nonconforming building containing a nonconforming use shall not be enlarged, rcccnstmctc~ or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use. (1) Nonresidential uses: (a) Nothing in this article shall be deemed to prevent the rcmc,~c!/ng alteration, rcccn~tr',:cticn or enlargement of a nonconforming or conforming nonresidential building with a nonconforming nonresidential use or construction of an addition to existing buildings or additional building on the premises, so long as said increase in size of the buildings created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 15%, except that said increase shall not exceed the applicable maximum lot coverage. In addition, all other setback and area requirements shall apply. (b) Nothing in this article shall be deemed to prevent the rcmc~c!ing alteration, rcccnstr',:cticn or enlargement of a nonconforming or conforming nonresidential building with a nonconforming use or construction of an addition to existing building(s) or additional building on the premises, so long as said increase in size of the building(s) created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 30%, except that said increase shall not exceed the applicable maximum lot coverage, and all other setback and area requirements shall apply, provided that the following site remediation measures, in full or in part, as shall be determined by the Planning Board within its sole discretion, are included as an essential element of the aforesaid expansion: [1] Substantial enhancement of the overall site landscaping and/or natural vegetation. [2] Employment of best visual practices by upgrades to existing building facades and/or design of new buildings and/or the additions to existing buildings which accurately or more accurately depict the historic and/or existing rural character of the immediate and nearby neighborhood(s). ARTICLE XXVI Board of Appeals Southold Town Meeting Agenda - April 24, 2012 Page 32 § 280-146. Powers and duties. In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. Special exceptions, special permits and other approvals: Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located. Interpretations: on appeal from an order, decision or determination of an administrative officer or on request of any Town officer, board or agency, to decide any of the following: (1) Determine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter. (2) Determine the exact location of any district boundary shown on the Zoning Map. Review by Independent Consultants: (1) Upon a maiority plus one vote of the Board of Appeals' determination that referral to an independent consultant(s) is deemed necessary, an escrow account for the applicant shall be established with the Town Comptroller's Office. Said escrow account shall be established prior to the Town's referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Board of Appeals. Upon the determination that any application shall be subiect to the Town's review aided by a consultant(s) as set forth herein, no application shall be considered complete for review purposes until an escrow account is established and funded. (2) Withdrawals from said escrow account may be made from time to time to reimburse the Board of Appeals for the cost of its consultant(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to 1/4 of its initial amount, the Board of Appeals shall notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to 1/2 of the initial deposit or to such sum as deemed necessary by the Board of Appeals. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the Board of Appeals may suspend its review of the application. (3) The consultant(s) will work under the direction of the Board of Appeals Chairperson. Copies of the consultant(s') qualifications, findings and reports will Southold Town Meeting Agenda - April 24, 2012 Page 33 be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultant(s') report prior to an,/decisions being made. IV. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. ¥. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ¥I. PUBLIC HEARINGS PH 4/24/12 ~ 4:32 PM SFC Transfer Appl. PH 4/24/12 ~ 4:34 PM LL/Tear Down