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HomeMy WebLinkAboutTB-04/24/2012ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net MINUTES April 24, 2012 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, April 24, 2012 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. Call to Order 4:30 PM Meeting called to order on April 24, 2012 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name ~ Organization Title Status Arrived William Ruland Town of Southold Councilman Present ChriStopher Talbot T0~n 0f s0uth;id c0~6iim~ Present jill Doherty TowE 0f S0uthold Councilwoman Present Albert Krupski Jr. Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present scott Russell ~Wn 0f S0uth0id SUpervisor Present I. Reports 1. Human Resources 2. Justice Rudolph H. Bruer 3. Justice William H. Price Jr. 4. Program for the Disabled 5. Justice Louisa P. Evans 6. Trustees Monthly Report Page 2 April 24, 2012 Southold Town Board Meeting Minutes 7. Town Clerk 8. Recreation Department Monthly Report 9. Solid Waste District Monthly Report II. Public Notices 1. Army Corps of Engineers 2. NYS Liquor License Renewals 3. New York State Liquor License New Application III. Communications IV. Discussion 1. 9:00 A.M. - John Cushman 2. 9:30 A.M. - Jim Bunchuck 3. 9:45 A.M. - Jim McMahon, Jamie Richter 4. Jim McMahon, Jamie Richter 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) 9. LL/Special Events 10. LL/Amendments to Chapter 275 11. EXECUTIVE SESSION- Labor 12. EXECUTIVE SESSION- Litigation 13. Waive Planning Board Administrative Fee Special Presentation Arbor Day Poster Contest Page 3 April 24, 2012 Southold Town Board Meeting Minutes V. Resolutions 2012-349 CA TEGOR Y: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated April 24~ 2012. Vote Record - Re~oluflon RES-2012-349 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter r'l [3 [] [] [] Withdrawn Clu'istopher Talbot ' Seconder [] [] [] [] [3 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 m Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 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 thc Southold Town Board be held~ Tuesday~ May 8~ 2012 at the Southold Town Hall. Southold New York at 7:30 P. M.. Vote Record - Resolution RES-2012-350 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Dohe~ty Initiator [] [] [] [] [] Tax Receiver's Appt AIbea Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] Fl [] Town Clerk's Appt Scott Russell -- Voter [] [] [] [] [] Supt Hgwys Appt [] No Action April 24, 2012 Southold Town Board Meeting Minutes Page 4 2012-333 Tabled 4/10/2012 7:30 PM CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Bike-A-Thon RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Bic,ycle Shows USA to use the following 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 1. The number of riders is limited to 1000. 2. 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); 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 Southotd Town Board continues to evaluate the use of town roads. Vote Record - Resolution RES-2012-333 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Initiator [] 121 [] [] [] Defeated Christopher Talbot Voter [] [] [] [] [] labled ~ . I Jdl Doherty Voter [~ [] [] [] [] Withdrawn [] Supervisor's Appt Albert Kmpski Jr. Seconder [] [] [] [] Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] [] Town Clerk's Appt April 24, 2012 Southold Town Board Meeting Minutes Page 5 [ ~_~ Supt Hgwys Appt No Action 2012-351 CA TEGOR 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. /' Vote Record. R~SOlut ion" RES-2012-351 [] Adopt~ D Tabl~ William Rul~d Vot~ ~ ~ ~ ~ ~ R~cmd~ ~uisa P. Evans S~onder ~ ~ ~ D 2012-352 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Hire Three Pump Out Boat Operators RESOLVED that the Town Board of the Town of Southold hereby appoints David Comando~ 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 )er hour. Vote Record - Resolution RES-2012-352 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] E] Defeated Christopher Talbot Seconder [] [] [3 [] [] Tabled Jill Doherty Voter [] [] [] [] [] Withdrawn Albe~l Krupski Jr. Voter [~ [] [] [] April 24, 2012 Southold Town Board Meeting Minutes Page 6 [] Sup~rvisor's Appt Louisa P. Evans Initiator [] [] [] [] [] Tax Receiver's Appt Scott Russell Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-353 CA TE GO R Y: DEPARTMENT: Employment - Town 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 Pumpout 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. Vote Record - Resolution RES-2012-353 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [3 Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Jill Doherty Seconder [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter (~ [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-354 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. '/' Vote Record - Resolution RES-2012-354 [] Adopted ! Yes/Aye No/Nay Abstain Absent April 24, 2012 Southold Town Board Meeting Minutes Page 7 [] Adopted as Amended William Ruland Seconder [] [] [] [] [] Defeated Christopher Talbot Voter [] [] [] [] [] Tabled Jill Doherty Initiator [] [] [] [] [] Withdrawn Albert Kmpski Jr. Voter 1~ [] [] [] [] Supervisor's Appt Louisa P. Evan~ Voter ~1 [] [] [] [] Tax Receiver's Appt Scott Russell Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 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 and May 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 Depa[tment, 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 ,ject to the approval of the Town Attorney. Vote,Record - ResOlution RES-201 ~-~55 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] I[] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt i Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded I Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-356 CATEGORY: DEPARTMENT: Planning Planning Board April 24, 2012 Southold Town Board Meeting Minutes Page 8 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). Vote Record - Resolution RES~2012-356 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doheriy Voter [] [] [] [] [] Tax Receiver's Appt Albert Krapski Jr. --' Initiator [] [] : [] [] [] Rescinded Louisa P. Evans : Voter [] [] [] [] [] Town Clerk's Appt Scott Russell : Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-357 CA TE GO R Y: DEPARTMENT: Close/Use Town Roads Town Clerk Southold American Legion Memorial Day Parade Fiscal Impact: Police Department cost for event = $287.14 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. 5. 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. No objects of any kind shall be thrown to event spectators. Support is for this year only, as the Southold Town Board continues to evaluate the use of town April 24, 2012 Southold Town Board Meeting Minutes Page 9 roads. All fees have been waived for this event. ,/Vote Record ~ Resolution RES-2012-357 [] Adopted [] Adopted as Amended [] Defcated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell a Voter [] : [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 357 COUNCILMAN RULAND: Mr. Supervisor, would it be appropriate to add the item number 4 from resolution 333 which has to do with throwing objects from... JUSTICE EVANS: Yes. SUPERVISOR RUSSELL: Yes. COUNCILMAN RULAND: Would the mover and the seconder be willing to do that? JUSTICE EVANS: I second to add the language... SUPERVISOR RUSSELL: No objects of any kind can be thrown to event spectators. 2012-358 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute the Agreement Between the Town of Southold and the Village of Greenport for the Use of the Village 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. Vote Record - Resolution RES-2012-358 [] Ad°pted } ~.? Adopted as ,Mnended William Ruland [] Defeated Christopher Talbot Yes/Aye No/Nay Abstain Absent [] [] [] [] [] [] [] [] Voter Initiator April 24, 2012 Southold Town Board Meeting Minutes Page 10 [] Tabled Jill Dohetty Voter [] Withdrawn Albert Krupski Jr. Voter [] Supervisor's Appt Louisa P. Evans Seconder [] Tax Receiver's Appt I Scott Russell Initiator [] Rescinded [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-359 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute the Notice/Renewal Application/Permit in 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 re~ardine the Fishers Island Wastewater Treatment Facili .ty, which i~ 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. v~ Vote ReCord - Resolution 1~2012-359 I~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [3 [] [] Withdrawn Christopher Talbot Voter [] [] [] [3 [] Supervisor's Appt Jill Doherty Initiator [] [] : [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] 2012-360 CA TEGOR Y: DEPARTMENT: Planning Planning Board Seminar Request April 24, 2012 Southold Town Board Meeting Minutes Page 11 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). Vote Record - Resolution RES-2012,360 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay : Abstain Absent [] Tabled William Ruland initiator [] [3 [3 [3 [] Withdrawn Cinistopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Dohoay Voter [] [] [] [] [] Tax Receiver's Appt Albert Krapski Jr. Seconder [] : [] [] : [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-361 CA TEGOR Y: DEPARTMENT: Attend Seminar Public Works DPW 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. ~Vote Record - Reso!ati0n RES-20i2.361 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] F1 [] [] Withdrawn Christopher Talbot Voter [] [] : [] [] [] 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 April 24, 2012 Southold Town Board Meeting Minutes Page 12 2012-362 CATEGORY: DEPARTMENT: Legislation Town Clerk Rescind 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, on the 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. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zonine, 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 subject to the following requirements: (a) The parcel upon which the principal dwelling and the proposed second dwelling exist must contain the required amount of buildable land for the April 24, 2012 Page 13 Southold Town Board Meeting Minutes (b) (c) (d) (e) (g) creation of at least two building lots according to the applicable bulk schedule. 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. 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. The bulk schedule requirements for principle structures are applicable to the second dwelling. No additional dwellings will be permitted on the parcel. The special exception shall be subject 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. Parcels that do not meet the yield requirements of §240-10(B)(2) are not eligible for a second dwelling special exception permit. IlL 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. Vote Record - Resolution RES-2012,362 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland --Voter ~ F1 ~ FI [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doherty i Voter [] [] [] [] [] Tax Receiver's Appt Albert IQupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-363 CA TEGORY: Contracts, Lease & Agreements April 24, 2012 Page 14 Southold Town Board Meeting Minutes DEPARTMENT: Town Attorney Execute the Letter of Intent, Between the Town of Southold and the New York 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 Program 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. Vote Record, ge~l~_tl6a RE~2012;363 ' [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland --Voter ~ [3 [] ~ [] Withdrawn Cluistopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Jill Doheny Voter ~1 [] [] [] [] Tax Receiver's Appt Albeil Krupski Jr. Voter [~ [] [] [] [] Rescinded Louisa P. Evans Seconder g~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 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 Martha Eagle (aerobics/Pilates/yoga/power stretching) ....... $30/hour Page 15 April 24, 2012 Southold Town Board Meeting Minutes 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 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] r'l Withdrawn Christopher Talbot Voter gl [] [] [] [] Supervisor's Appt Jill Doherty Initiator [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-365 CA TEGOR Y: DEPARTMENT: Budget Modification Supervisor Budget Modification - Supervisor's 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 Unallocated Contingencies $4,451 Total $4,451 To: April 24, 2012 Southold Town Board Meeting Minutes Page 16 A. 1220.1.100.200 Overtime Earnings $1,058 A. 1220.1.100.400 Sick Earnings $3,393 Total $4,451 Vote Record - Resolution RES-2012-365 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [3 [] FI With&am Christopher Talbot Voter [] [3 [] [] [] Supervisor's Appt Jill Deherty 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 2012-366 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Letter Agreement Dated April 5, 2012, Between the Town of Southold and the Long Island Lighting Company D/B/A LIPA RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Letter Agreement dated April 5~ 2012~ between the Town of Southold and the Long Island Lighting 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. ,'~ V0te ReC0rd - Resolution RES-2012:366 lEI Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [~ [] [] [] [] With&awn Christopher Talbot Voter [] [] I"1 [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Alber~ Krapski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action April 24, 2012 Southold Town Board Meeting Minutes Page 17 2012-367 CATEGORY: DEPARTMENT: Surplus Equipment Police Dept PD Surplus Vehicle RESOLVED that the Town Board of the Town of Southotd 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. Vote Record - R~otution RES-2012-367 gl Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder gl [] [] [] [] Supervisor's Appt Jill Doherty Voter gl [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Vote~ [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-368 CA TEGOR Y: DEPARTMENT: Budget Modification Accounting SEMO, FEMA Aid Fiscal Impact: Re-appropriate SEMO & FEMA 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 Storm Damage/Road Stabilization $ 66,636 Total $ 66,636 April 24, 2012 Southold Town Board Meeting Minutes Page 18 Revenues: DB.3960.50 SEMO Aid, Transportation $ 9,519 DB.4960.50 FEMA Aid, Transportation 57,117 Total $ 66,636 Vote ReCord - Resolution RES-2012-368 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter I~ [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisors Appt Jill D°herty Voter [] [] [] [] [] Tax Receiver's Appt Albea Krupski Jr. ~ Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] F1 [] Supt Hgwys Appt [] No Action 2012-369 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification for Landmarks Preservation Fiscal Impact: Provide appropriation for seaosnal Program Aid 1 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 Vote Record, Resolution RE~2012-369 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Seconder [] [] [] [] [] Defeated [] Tabled Christopher Talbot Voter [] [] [] [] [] Withdrawn Jill Dohe~ty Initiator [] [] [] [] [3 Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [3 Rescinded Scott Russell Voter [] April 24, 2012 Southold Town Board Meeting Minutes Page 19 [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-370 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoint Anne 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. Vote R~ord - Re~olution RES-2012-370 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Cluistopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-371 CA TEGOR Y: DEPARTMENT: Budget Modification Assessors 2012 Budget Modification Fiscal Impact: This budget modification is to cover the 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 April 24, 2012 Southold Town Board Meeting Minutes Page 20 Vacation Earnings $937 From: A 1355.1.200.100 Board of Assessors Part Time Employees Regular Earnings $937 Vote Record - Resolution RES-2012-371 g~ Adopted [] Adopted as Amended [] Defeated Yes/Aye NofNay Abstain Absent [] TabIed William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. : Initiator [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-372 CA TEGOR Y: DEPARTMENT: Budget Modification Town Clerk Appropriation for Bay to Sound Fiscal Impact: to appropriate the $35,000 grantJkom Suffolk County for the Bay to Sound work that is being completed by New York Natural Heritage Program (this is separate.from the ISTEA 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 Bay to Sound Project $35,000 "Vot* R~%rd * Resolution REs-2012-372 [] Adopted YesiAye No/Nay Abstain n~sent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Christopher Talbot Seconder [] [] [] [] [] Tabled [] Withdrawn Jill Doher~y Voter [] [] [] [] Albert Kmpski Jr. Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans Initiator [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [ [] [] [] [] Town Clerk's Appt April 24, 20t2 Page 21 Southold Town Board Meeting Minutes [] Supt H._.~gwys Appt [] No Action 2012-373 CA TE GORY: 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. vote ReCord, R~olution RES-2012-373 rz Adopted [] Adopted as Amcaded [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] 13 [] [] Withdrawn Christopher Talbot Initiator [] [] [] : [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-374 CA TEGOR Y: DEPARTMENT: Budget Modification Solid Waste Management District SWMD Budget Mods': Equipment Fiscal Impact: 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: April 24, 2012 Page 22 Southold Town Board Meeting Minutes From: SR 8160.4.400.680 (Trailer Fleet Repairs) SR 8160.4.100.625 (Maint/SupplyChevy Pickup) $2175.00 To: SR 8160.4.400.666 (Repairs Komatsu 450) SR 8160.4.100.622 (Maint/Supply 350 Pickup) $2000.00 $175.00 $2000.00 $175.00 2175.00 Vote Record - Resolution RES-201~374 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Cin~stopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Initiator [] [] [] [] [] Tax Receiver's Appt Albe~ Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] FI [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-375 C/I TE GOR Y: DEPARTMENT: Policies Town Attorney Unsafe Building (Jacobs)/Costs 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 effectuating the cleanup of the proper .ty and in making secure the Unsafe Building located at 15775 CounW, Route 48~ Cutchogue~ totals $6~206.08 and remains unpaid~ and therefore~ shall be levied against 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. Vote Record - Resolution RES-2012-375 [] Adopted Yes/Aye No)Nay Abstain Absent [] Adopted as Amended William Ruland Initiator [] [] [] [] Page 23 April 24, 2012 Southold Town Board Meeting Minutes [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-376 CA TE GORY: Budget DEPARTMENT: Public Works Streetlight - Shipyard Lane/Cleavespoint Condo RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Long Island Power Authority (LIPA) to energize a streetlight (pole #23), located on the west side of Shipyard Lane, East Marion, New York. · r' ¥0~e Record ~ Resolution R1~-2012-376 1~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder El El [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] 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 [] [] [] F1 [] Supt Hgwys Appt [] No Action 2012-377 CA TEGOR Y: DEPARTMENT: Committee Resignation Land Preservation 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. Vote Record - ResolutiOn RES-2012-377 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Christopher Talbot Seconder [] [] [] [] [] Tabled Jill Doherty Voter [] [] [] [] [] Withdrawn Albert Krupski Jr Voter [] [] [] [] April 24, 2012 Southold Town Board Meeting Minutes Page 24 [] Supervisor's Appt Louisa P. Evans Initiator [] [] [] [] [] Tax Receiver's Appt Scol~ Russell ~ Voter [] [] [] [] [] Rescinded E] Town Clerk's Appt [] Supt Hgwys Appt [] No Action Comments regarding resolution 377 COUNCILMAN KRUPSKI: I would just like to thank Ray for his many years of service to the Town. He has worked very hard for the Land Preservation Committee and we appreciate all of the service that he has given the Town. 2012-378 CATEGORY: DEPARTMENT: Road Dedications Town Attorney 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 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. ~' Vot~ Record - Resolution RES-2012-378 ' ' [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot ~ Initiator [] [] [3 [] [] Supervisor's Appt Jill Doher~y Voter [] [] [] [] I3 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 Comments regarding resolution 378 April 24, 2012 Southold Town Board Meeting Minutes Page 25 SUPERVISOR RUSSELL: i would just ask the Town Attorney to please read those deeds to make sure they actually identify a road and not a jetty. 2012-379 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoint 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 CA TEGOR Y: DEPARTMENT: Local Law Public Hearing Town Attorney PH5/22/12 ~ 4.'32 PM LL/Special 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 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 22nd 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: April 24, 2012 Southold Town Board Meeting Minutes Page 26 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: April 24, 2012 Southotd Town Board Meeting Minutes Page 27 ......... v ................ v ......... yeara; and April 24, 2012 Southold Town Board Meeting Minutes Page 28 §205-1. Definitions. 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) 7) 8) 9) the closing of a public street; the use, blocking or restriction of Town property or rights of way; the use of amplified soun& 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; the placement of portable toilets; 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 April 24, 2012 Southold Town Board Meeting Minutes Page 29 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 recun'ing 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; f. 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. g. 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. h. 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 subiect 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. 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 April 24, 2012 Southold Town Board Meeting Minutes Page 30 e. $650.00 for events with 1,000 or more attendees f. 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; f. 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. j. 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 conjunction with the eventl n. Location of sanitary facilities on site. A description of any signage to be displayed adjacent 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 April 24, 2012 Southold Town Board Meeting Minutes Page 31 property that is the subiect 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 iurisdiction 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 available; c. the availability of highway and other means of transportation to and from the site; d. Impact of the event on the safe and orderly movement of traffic within and contiguous to the event; e. 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 fi.om providing adequate police protection to the remainder of the Town. f. 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; April 24, 2012 Southold Town Board Meeting Minutes Page 32 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 granted 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. n. Impacts on adjacent property owners and the surrounding neighborhood; and o. 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 ofa maiority of the Town Board. In reviewing applications for such events, the Town Board may consider the following criteria in addition to the criteria set forth above: 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; 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 April 24, 2012 Southold Town Board Meeting Minutes Page33 f. 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. 8. For any event that is to be held on land owned, leased or controlled by the Town of Southold: 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: b. the applicant shall pay a clean up deposit of $250; and 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 materially inaccurate or any of the conditions of the permit have not been complied with, the April 24, 2012 Southold Town Board Meeting Minutes Page 34 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 subject 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 subject 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 subject 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 jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. IlL 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. April 24, 2012 Southold Town Board Meeting Minutes Page 35 IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2012.380 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator Wl [] 13 [] Withdrawn Clmstopher Talbot Voter [] [] [] [] [] Supervisor'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 2012-381 CA TE GO R Y: DEPARTMENT: Legislation Town Attorney LL/Special Events to $CPC & 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 Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Vote Record ~ ResolUtion R[%20i2-381 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter OI I-I ~ rl [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. initiator [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] FI [] [] [] Supt Hgwys Appt [] No Action April 24, 2012 Southold Town Board Meeting Minutes Page 36 2012-382 CATEGOR~ 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-Cutchogne 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 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 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 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 April 24, 2012 Page 37 Southold Town Board Meeting Minutes RESOLVED that upon issuance of the Sanitary Flow Credit Certificate, the Town Clerk shall enter this deduction of 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 provide the Town Clerk with a Suffolk County Department of Health Services approval, and (iii) 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. Vote R~ord - Resolution RES-2012-382 [] Adopted [] Adopted as Punended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] ' [] [] F1 [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doherty Voter V~ [] [] [] [] 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 36. Comments regarding resolution 382 COUNCILMAN KRUPSKI: I have to say a previous Town Board passed this law to make this happen with the transfer of the sanitary flow credits and this is, I would like to give them credit for passing, for having the foresight to pass that and thanks to the applicant for creating affordable apartments in that location that is zoned for high density. So I think it is an appropriate use of the town code. SUPERVISOR RUSSELL: I also would mention that the applicant actually has probably almost single handedly restored that whole commercial corridor in Mattituck, the preservation of the Glenwood building, the preservation of the current office and then of course, this house which is right across the street. 2012-383 CATEGORY: Seqra DEPARTMENT: Town Attorney April 24, 2012 Page 38 Southold Town Board Meeting Minutes 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 Building Code Administration, and Chapter 280, Zoning" is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA. Vote ReCord -ReSOlution RES-2012-383 El Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Vot~ [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Superviso~'s Appt Jill Doherty Voter [] I-1 [] ~ [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P, Evans Initiator [] [] [3 [] [] Town Clerk's Appt Scott Russell Voter [] [] Fl [] [] Supt Hgwys Appt [] No Action 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, on the 27th day of March, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280, Zoning 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 Building Code Administration, and Chapter 280, Zoning" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning". April 24, 2012 Southold Town Board Meeting Minutes Page 39 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 ora 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: § 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 thereof. (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 April 24, 2012 Southold Town Board Meeting Minutes Page 40 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)(j) 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. (k) 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. (j)(1) 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. Definitions. The following definitions have been added and/or revised: April 24, 2012 Southold Town Board Meeting Minutes Page 4I ALTERATION - ~' .... ,:~a .~ ~ ~.,,:~.~4 ..... ,~,^. ......u ................. · :~ ,u~ m ........ ~ ....... ~,..~, .............. ~ ..................... v .................... A change or modification made in or on an existing building or structure that does not increase its exterior dimensions. DEMOLITION - Any removal of a structure or portion thereof that exceeds 75% 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 thereof. ARTICLE XXIII Nonconforming Uses and Buildings § 280-122. Nonconforming buildings with conforming uses. A. Nothing in this article shall be deemed to prevent the remodeghag alteration, reeonstme, fioa 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. Nonconforming buildings with nonconforming uses. A. A nonconforming building containing a nonconforming use shall not be enlarged, rcccnztmcted 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 r~ea,aodeti~g alteration, ~ 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~z!ing alteration, reomasmac44o~ 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 April 24, 2012 Se.uthold Town Board Meeting Minutes Page 42 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 § 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 heating, 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 majority 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 April 24 2012 Southold Town Board Meeting Minutes Page 43 (2) set forth herein, no application shall be considered complete for review purposes until an escrow account is established and funded. Withdrawals from said escrow account may be made from time to time to (3) 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 ¼ 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 ¼ of the initial deposit or to such stun 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. The consultant(s) will work under the direction of the Board of Appeals Chairperson. Copies of the consultant(s') qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultant(s') report prior to any decisions being made. IV. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided ~ law. ~Vote Record - Resolution RES-2012-384 [] Adopted ~1 Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent F~ Tabled William Ruland Voter [] [] [] [] FI Withdrawn Christopher Talbot Secondcn- [] [] [] ~ Supervisor's Appt Jill Doherty ' Voter [] [] [] [] FI Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] ~1 Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 39. Comments regarding resolution 384 April 24, 2012 Page 44 Southold Town Board Meeting Minutes. SUPERVISOR RUSSELL: I am voting yes with an understanding that something tells me that we are going to be re-visiting this law from time to time over the next couple of years as we look to implement it. I vote yes. VI. Public Hearings PH 4/24/12 ~ 4:32 PM SFC Transfer Appl. COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold will hold a public hearing on the Application of 13200 Main Road Corp. for transfer of sanitary, flow credits at the Southold Town Hall~ 53095 Main Road~ Southold~ New Yorlq on the 24th day of April~ 2012 at 4:32 p.m, at which time all interested persons will be given an opportunity to be heard. The applicant has requested the transfer of sanitary flow credits in order to allow three accessory apartments at 13200 Main Road, Mattituck, New York 11952. The proposed application that is the subject of this aftemoon's public hearing contains the following documentation and information from the Town Clerk's record: Notice that it was posted on April 12, 2012 in the Suffolk Times, notice that it was posted on the Town Clerk's bulletin board on April 2, 2012. A letter from Donald Wilcenski, chairman of the Planning Board "Thank you for the opportunity to provide comments on the referenced application. The Planning Board has reviewed the application and supports the proposal." From chief building inapector Michael Verity, "Requirements for transfer of development rights and certification, all buildings and uses shall comply with chapters 144 and 280 of the Southold Town code and the proposed use multiple dwelling is a permitted use in this HB district and is so certified." We have a letter in support from Mattituck Commons LLC, "This letter is to inform you that Mattituck Commons LLC has no objection to the proposed application for obtaining Health Department approval for three apartments for SCTM#1000-114.-11-9.1 property address 13200 Main Road Mattituck, NY 11952" And that is all we have. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular local law? WILLIAM GOGGINS: Good evening, William Goggins on behalf of the applicant. I am looking through the agenda and there is a whereas that states that the applicant modify this application to seek the transfer of up to two credits. That amendment was never done. We asked for two credits. About an hour ago, the Town Attorney contacted me and said I should ask for up to two credits and that is not really what the application is for, it's an application for two credits and that is what the application is for. I am not really sure why the Town Attorney asked me to change it to up to two credits but that is not what I want to do and that is not the application. We made an application to the Health Department based upon the engineer's calculations. Those calculations indicated we needed two sanitary flow credits and that is what we are applying for. I am not really sure why the Town Attorney is asking that it be up to two but that is certainly not my amendment and that was something that was placed in by the Town Attorney. So that is the only comment I have. April 24, 2012 Page 45 Southold Town Board Meeting Minutes TOWN ATTORNEY FINNEGAN: Well, as we discussed, Mark Terry reviewed it. Based on his calculations, he wasn't sure that you would actually need the full two credits and it was really for your benefit as the applicant because if you don't need two credits, you buy two credits, if you need the two, under this resolution the Town Board would authorize you to get the two. If you don't need the two, what you would do is, whatever you need certify that and that is all you buy. If you want to buy two, we can modify the resolution and pay for two and take them. MR. GOGGINS: That is what I would like to do, I would like to buy two. TOWN ATTORNEY FINNEGAN: Okay. It gives you the .... MR. GOGGINS: No, I understand but I don't want to have any problems in the future because of the way this is worded. I would rather buy two and that way I don't have any issues with the Health Department. If that is acceptable to the Board. SUPERVISOR RUSSELL: Yes. This is just a modest modification, we don't need to re-notice thiis, fight? W TOWN ATTORNEY FINNEGAN: No. SUPERVISOR RUSSELL: We are going to seek transfer of two credits to create...yes, okay. MR. GOGGINS: Thank you. TOWN ATTORNEY FINNEGAN: Yes, it is in the whereas, we can amend it. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this particular local law? PATRICIA MOORE: I am not opposed or anything. Just for clarification, there are three apartments and how many are affordable? SUPERVISOR RUSSELL: If he is transferring two credits, utilizing both credits, then that would create two affordable units. MS. MOORE: Okay. Inaudible. SUPERVISOR RUSSELL: He is free to make a third affordable if he wants. His requirement under the Sanitary Flow Program is to make affordable the number of units... MS. MOORE: That he gets the credit for. Okay. TOWN ATTORNEY FINNEGAN: We just don't have that calculation yet. Bill, can you wait two weeks for this resolution? Or is that going to mess you up with the Health Department? April 24, 2012 Page 46 Southold Town Board Meeting Minutes MR. GOGGINS: I can but I would like to get it done because every week is (inaudible). SUPERVISOR RUSSELL: Okay. TOWN ATTORNEY FINNEGAN: Okay, that is fine. We can amend it. SUPERVISOR RUSSELL: Can I get a motion to close the hearing? RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Jill Doherty, Councilwoman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell PH 4/24/12 ~ 4:34 PM LL/Tear Down 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 27th day of March, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 24th day of April, 2012 at 4:34 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 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administratiom 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: Page 47 April 24, 2012 Southold Town Board Meeting Minutes § 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 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 thereof. (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. 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. ¢)(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 April 24, 2012 Southold Town Board Meeting Minutes Page 48 abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. 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. (_k) 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. Definitions. The following definitions have been added and/or revised: April 24, 2012 Southold Town Board Meeting Minutes Page 49 ........... ~, ....... e~--, .............. a ..................... ~, .................... A change or modification made in or on an existing building or structure that does not increase its exterior dimensions. DEMOLITION - Any removal of a structure or portion thereof that exceeds 75% 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 thereof. ARTICLE XXIII Nonconforming Uses and Buildings § 280-122. Nonconforming buildings with conforming uses. Nothing in this article shall be deemed to prevent the ~maodqfi4~ alteration, rcccnstmctic, n 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. Nonconforming buildings with nonconforming uses. A nonconforming building containing a nonconforming use shall not be enlarged, ~ 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 r~*modetmg alteration, reeovvat~4io~ 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 ~mode4i~ alteration, ~3o~,uc-fio~ 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 April 24, 2012 Southold Town Board Meeting Minutes Page 50 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: ill 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 § 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 heating, 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 April 24, 2012 Southold Town Board Meeting Minutes Page 51 requirement specified or made under the provisions of this chapter. (2) Determine the exact location of any district boundary shown on the Zoning Map. E. Review by Independent Consultants: (1) Upon a majority 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 subject 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 fi.om said escrow account may be made fi.om 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 ¼ 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 ½ 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 be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultant(s') report prior to any decisions being made. IV. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have a notice that it was posted on the Town Clerk's bulletin board on April 2, 2012. That it was posted in the Suffolk Times on April 12, 2012. Notice fi.om Mark Terry, principal planner April 24, 2012 Southold Town Board Meeting Minutes Page 52 and LWRP coordinator. "The proposed action has been reviewed to New York State Department of Environmental Conservation regulation 6NYCCRR part 617 state environmental quality review and it is my determination that the pursuant to part 617.5 C27, the action as proposed is a Type II action and therefore not subject to SEQRA review." I have a letter from Andrew Freleng, chief planner Suffolk County, "Pursuant to the requirements of section Al4-14 through A 14-25 of the Suffolk County Administrative code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant countywide or intercommunity impact. A decision of local determination shall not be construed either an approval or a disapproval." And again, from Mark Terry LWRP coordinator, "The proposed local law has been reviewed to Chapter 268 Waterfront Consistency Review of the Town Code and the 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 that is it. SUPERVISOR RUSSELL: Would anybody like to comment on this local law? PATRICIA MOORE: Good evening, Patricia Moore on behalf of myself. I have been following, through code committee, your progress through this and thank you, I know that it has been very difficult and admirable for you guys to keep trying to clean up this law that has created a problem for many of the boards and owners in this town. Two comments that I would have, the first one being alteration definition. I am just going to focus on just the definitions, the rest I really have no comment to. The alteration, you say a change of modification made in or on an existing building or structure that does not increase exterior dimensions. I understand and I think that the intention is well, the house is staying the same, we are doing alterations that may be interior or they may be window replacements or things that really don't change the size. I might add that that definition should also be applicable if the alterations that are being done may technically change the dimensions because of the state building code that may require ceiling heights. I have had lots of applications to the Zoning Board where it is a two story house but that is non-conforming. We are dealing really with non-conformity because otherwise you can do it but let's say you have a side yard setback that is not conforming, you have the two story house but it is the second floor has ceiling heights that may be 6 ½ feet and the roof pitch has to change to make the ceiling height 7 feet or whatever the code, 7 ½ feet, whatever the code requires. That small change to the roof pitch, even though you are not changing the over all dimensions and size of the house, triggers the need for a variance and would be nice if that was not the case. It also may be applicable with FEMA for example, some of the communities, the height of the building may change by 3 inches or a foot because of the FEMA regulations. As soon as you do interior alterations, even though they are interior, they trigger the need to conform to FEMA regulations. So you may have those alterations that are interior and for the most part don't change the structure but trigger the need to have the basement conform and sometimes you have to fill in a basement with sand to comply with FEMA and sometimes you have to raise the foundation by a few inches to a foot to conform with FEMA. Those are the kind of issues that often are expensive and time consuming to go and get variances because of Page 53 April 24, 2012 Southold Town Board Meeting Minutes that increase to the degree of non-conformity that we use on the non-conforming definition. So I would ask that maybe you put either in parentheses or clarify at the end of that definition, except as required by FEMA or state building code because it is really not a dimensional that anybody really wants to do, it's that it triggers another provision of the state code. COUNCILMAN KRUPSKI: How about if we change to either exterior footprint or just footprint? MS. MOORE: Oh, that is fine. I think that would cover it, too. But that might be a significant change .... TOWN ATTORNEY FINNEGAN: Well, your example though, Pat, I mean obviously there is a certain amount of modification that can be made, there is percentage increase that could be done without a variance, so ..... MS. MOORE: No, there isn't a percentage. TOWN ATTORNEY FINNEGAN: Inaudible. An increase in the .... MS. MOORE: That is why the (inaudible) decision, if you end up with a 1 percent, that is what triggers. SUPERVISOR RUSSELL: (Inaudible) decision is an issue this Board has to address but I don't think we can keep softening language and code because of (inaudible), we either have to face it head on .... MS. MOORE: Well then that would be, then I would ask that you deal with that because it is, it used to be that if you maintained the setback, you could go horizontally up (inaudible) came in and said, no you can't do that and we did try to do a pyramid law at one point in time and that was rejected by the community or opposition, so I don't, you know, this doesn't quite do it but if you tackle (inaudible), that is really the crux of the problem. COUNCILMAN KRUPSKI: Okay. MS. MOORE: The other issue is on demolition, great, 75 percent is certainly a good number but could you clarify, I guess in my, so I understand what you are considering, 75 percent of the total square footage of the existing structure before the start of removal. So let me give you two scenarios and you tell me which one you are thinking. You have a first floor of 1,000 square feet, a second floor of 1,000 square feet. Are you taking 75 percent of the total square foot of the two floors, that being 75 percent of 2,000 square feet or are you looking at the footprint and you are doing 75 percent of the footprint? From code committee, I really don't know where you ended up and I am not sure that this tells me clearly how I am supposed to analyze this. COUNCILMAN TALBOT: It should be 75 percent of the entire structure. April 24, 2012 Page 54 Southold Town Board Meeting Minutes MS. MOORE: First floor, second floor. COUNCILMAN TALBOT: Yes. MS. MOORE: Okay, okay. That is fine. I mean it says here the existing structure, I was just making sure that when I read it that that's the intent. Ten years down the line, all of a sudden intents changes, so I will have the record of this public heating that says, oh, no it says that it is the square footage of all the floors. First and second, usually basement doesn't count, correct? COUNCILMAN TALBOT: All habitable floors .... MS. MOORE: Habitable floors, yeah, a basement doesn't usually count. You are the building inspector in the crowd, so I know you have the fight answers. COUNCILMAN TALBOT: And one thing regarding your height... MS. MOORE: On the alteration issue? COUNCILMAN TALBOT: Yeah, the state code dropped from 7 foot 6 down to 7 foot required in height which is typically the norm across the country and they came into line with that, so it actually reduced minimum height requirements which should make it a little bit easier for people. MS. MOORE: Good. Yeah. I am usually dealing with 6 ½ foot ceilings that all of a sudden need to go to 7. So it is not a real big jump but it is just the (inaudible) brings you into the Zoning Board, I had one that was a simple little, what are those called, knee walls? And that triggered Zoning Board. Okay. That is all I have. I just needed clarification. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this particular local law? (No response) RESULT: CLOSED [UNANIMOUSI MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:20 P.M. ~Elizabeth A. Nevi~ll~ ~ Southold Town Clerk Page 55 April24,2012 Southold Town Board MeetingMinutes RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell