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Home My WebLink AboutTB-06/05/2012ELIZABETH 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 June 5, 2012 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, June 5, 2012 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. Call to Order 7:30 PM Meeting called to order on June 5, 2012 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Orgamzatlon i William Ruland Town of Southold ~hristopher Talbot Town of Southold Jil! Doherty Town of Southold Albert Krupski Jr. Town 0i3 S°uthold Louisa P. Evans Town of Southold Scott Russell ~ii~ageili ~ Nex)ilie Martin D. Finnegan Title Councilman Councilman Councilwoman Councilman Justice Town of South01d SUp~isg!7 Town of Southold Town Clerk Town of Southold Town Attorney I. Reports 1. Island Group Employee Health Care Plan 2. Special Projects Coordinator 3. Solid Waste Management District Status Arrived Present Present Present Present Present Present Present Present 4. Zoning Board of Appeals June 5, 2012 Page 2 Southold Town Board Meeting Minutes II. Public Notice III. Communications IV. Discussion 1. 9:00 A.M. - Jim Bunchnck 2. 9:30 A.M. - Jim McMahon, Jamie Richter, Michael Collins 3. 9:45 A.M. - Jamie Richter, Michael Collins 4. Town-Wide Beach Cleanup 5. Request by Orient Board of Fire Commissioners to Install a Fire Well on Ryder Farm Lane 6. Justice Evans 7. LL/Waterfowl & Gull Feeding & Pet Waste 8. LL/Parking Village Lane, Orient 9. LL/Amendments to Chapter 275 10. EXECUTIVE SESSION- Labor 11. EXECUTIVE SESSION - Litigation 12. 10:00 A.M.- Jeff Standish Opening Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the flag. Thank you. We have a few public hearings scheduled for tonight. If you are here for a public hearing, you will have an opportunity to address us shortly. In the meantime, would anybody like to comment on any of the other agenda items before we get to the meeting? (No response) Okay, we will get this out of the way and then we will get to the public hearings. V. Resolutions 2012-462 CA TE GORY: Audit DEPARTMENT: Town Clerk Approve Audit June 5, 2012 Southold Town Board Meeting Minutes Page 3 RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated June 5, 2012. VOte R~c6~d ~ ReS°lUti~n RES-2012-462 [] Adopt~ ~ Adopt~ as ~md~ ~ Tabl~ William Ruland Vot~ ~ ~ ~ D ~ Wi~dmm C~stoph~ Talbot S~ond~ ~ D ~ ~ ~ R~c~d~ ~uisa P. Evans ~itiator ~ ~ ~ ~ ~ To~ Cl~k's Appt Scott Russell Vot~ ~ ~ ~ ~ 2012-463 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting 6/19/12 4.'30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held~ Tuesda¥~ June 19, 2012 at the Southold Town Hall Southold. New York at 4:30 P. M.. ~te ~rd ~ Resoi$fi~ RE~-20i2-463 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay : Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Chfistophex Talbot Seconder ~ ri [] [] [] Sup~rvisor's Appt Jill Doherty Voter [] 13 ~ Fl [] Tax Receiver's Appt Albert Krupski Jr. Voter gl [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] 13 [] [] Supt Hgwys Appt ~ [] No Action 2012-461 Tabled 5/22/2012 4:30 PM CA TEGORY: Enact Local Law DEPARTMENT: Town Clerk June 5, 2012 Southold Town Board Meeting Minutes Page 4 ENA CT 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" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now 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 205~ Public Entertainment and Special Events" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 205~ Public Entertainment and Special Events". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. 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. It is not the intent of this article to include the following: Ordinary and occasional use by owners of private property to host private gatherings to celebrate family events, holidays, etc. or to raise funds for charitable or other not for profit purposes. However, the use of residential property for profit, such as a venue for weddings, is prohibited at all times. The ordinary and occasional use by a special district for fundraising for its own purposes. Such use shall be on site and have adequate parking, ingress, egress, traffic control, and facilities to host such an event. The ordinary and occasional use of a property owned by a not for profit for fundraising for its own purpose. Such use shall be on site and has adequate parking, ingress, traffic control and facilities to host such an event. II. Chapter 205 of the Code of the Town of Southold is hereby amended as follows: June 5, 2012 Southold Town Board Meeting Minutes Page 5 A June 5, 2012 Southold Town Board Meeting Minutes Page 6 §205-1. Def'mitions. 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 fights of way; the use of amplified sound; the sale of merchandise to the public; the sale or service of food to the public; the substantial increase or disruption of the normal flow of traffic on any street or highway; 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 June 5, 2012 Southold Town Board Meeting Minutes Page 7 §205-2. Permit required. To preserve public peace, good order and the health safety and welfare of the residents of the Town of Southold, special events shall be prohibited in the Town of Southold, unless a special event permit is obtained in accordance with the requirements set forth in this chapter. The Zoning Board of Appeals office may accept a single application for a recurring event or a series of similar events (not to exceed 6 in a 3 month period) that are of like size and scope. §205-3. Application Requirements. Information and material to be submitted with an application for a special event permit includes the following: 1. A completed Special Event Application Form which includes the following information: a. Name, address and telephone number(s) of the person (s) who will be organizing the event and who can be contacted prior to and during the event by town officials; b. The address of the event location. c. Proposed dates and hours of the special event, including set up and shutdown timesl d. Expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators/participants; e. 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 subject to any covenant or restriction limiting its use, or if the use is restricted by easement or otherwise, a copy of a survey or diagram depicting the easmnent area and any reserved area where development fights 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. $150.00 for events with up to 250 attendees b. $250.00 for events with 251 to 500 attendees c. $350.00 for events with 501 to 749 attendees June 5, 2012 Southold Town Board Meeting Minutes Page 8 d. $450.00 for events with 750 to 999 attendees e. $550.00 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 reiected 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 camed 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 parkin~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. f~. 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 event; 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 adiacent to the property where the event is to be held, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the property that is the 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. June 5, 2012 Southold Town Board Meeting Minutes Page 9 All applications for a special event permit must be submitted at least sixty (60) days prior to a proposed event to the Zoning Board of Appeals office. Any applications that are incomplete will not be accepted or processed. When the Chairperson of the Zoning Board of Appeals determines said application is complete, the Chairperson shall distribute said application and documentation to any Town, County or State agencies that may have jurisdiction over the event for their review and comment on any of the criteria set forth in §205-4(5) of this Article. Such referrals may include the Police Department, the Planning Department, the Building Department, the Land Preservation Department, the Code Enforcement Department, Fire Safety Inspector and Town Attorney. Upon receipt of comments, the Chairperson of the Zoning Board of Appeals shall determine whether to require revisions to the proposed event application. If no revisions are required or, upon the submission of a revised application, the Chairperson of the Zoning Board of Appeals may deny or approve the application with conditions. In determining whether to grant a special event permit, the Chairperson of the Zoning Board of Appeals shall consider the following: a. the size and capacity of the site to accommodate the proposed event; b. the facilities 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 assigued to properly police such event will prevent the Town from 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; 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. June 5, 2012 Page 10 Southold Town Board Meeting Minutes 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 propert¥owned, leased or controlled by the Town or a Special District within the Town, or any event where the expected attendance exceeds 1,000 people shall be subject to approval by resolution of a majority 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, lightinE and refuse; c. The frequency of events proposed or approved for the premises and whether the frequency is so ~:eat 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 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 bv the Town, a deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police and highway costs associated with the event. After the event, the deposit will be used to cover such costs and any monies remaining will be returned to the applicant. For any event that is to be held on land owned, leased or controlled by the Town of Southold: a. the applicant 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 c. 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 June 5, 2012 Southold Town Board Meeting Minutes Page 11 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. 9. 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 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 subiect to a fine not less than $500.00 and not more than $1,000.00. b. Failure to comply with the terms of a permit. Any person failing to comply with the terms of a permit shall be subject to a fine of not less than $500.00 and not June 5, 2012 Southold Town Board Meeting Minutes Page 12 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. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Reeord- Resolution ~2012-461 [] Adopted [] Adopted as Amended [] Defeated Ye~/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherly Initiator [] [] ~ [] [] [] Tax Receiver's Appt Albert Krapski Jr. Voter [] [] [] [] Comments regarding resolution 461 COUNCILWOMAN DOHERTY: Scott, did you want to address this before I make a motion? SUPERVISOR RUSSELL: Yes. We actually were, just let me explain that the work for the special events legislation clearly needed much more work, we are looking forward to getting input. There will be new legislation that will be forthcoming but as drafted we needed to defeat tha~ !~gislation. 2012-464 CA TEGOR Y: DEPARTMENT: Budget Modification Police Dept PD Budget Modification Fiscal Impact: Police Department - Stifling Eastern Shores Association Donation June 5, 2012 Southold Town Board Meeting Minutes Page 13 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund Whole Town budget as follows: Revenues: A.2705.40 Gifts & Donations $100 Total $100 Appropriations: A.3120.2.200.200 Office Equipment/Chairs $100 Total $100 ,t' Vote Record - Resolution RES-2012-464 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye NofNay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supcrvisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter ~I [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-465 CA TEGOR Y: DEPARTMENT: Attend Seminar Planning Board Seminar Fiscal Impact: RESOLVED that the Town Board of the Town of Southold hereby grants permission to Heather Lanza, Planning Director, Mark Terry, Principal Planner, Brian Cummings, Planner, and Alyxandra Sabatino, Planner to attend a seminar on "Emerging Trends in Economic Development & Environmental Protection" at Suffolk County Community College in Riverhead, on June 12, 2012. All expenses for registration, travel to be a legal charge to the 2012 budget (meetings and seminars). Vote Re~ord ~ ReSOlution RES-20i2-465 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] : [] [] [] [] Tabled Christopher Talbot Voter [] [] [] [] [] Withdrawn Jill Doherty Voter [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Initiator [] [] [] June 5, 2012 Southold Town Board Meeting Minutes Page 14 [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-466 CATEGORY: DEPARTMENT: Public Service Town Clerk Fireworks Permit to North Fork County Club for a Fireworks Display on July 4, 2012 to Celebrate Its l OOTh Anniversary RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a firewOrks permit by the Town Clerk to the North Fork Country Club, for a fireworks display on July 4, 2012, on the Country Club's property at 26342 Main Road, Cutchogue, New York, to celebrate its 100th Anniversary, upon the payment of a single fee of $100 and subject to the applicant's compliance with the requirements of the Town's policy regarding the issuance of fireworks permits and subject to the approval of the Town Attorne' Vote Record - Resolution RES-2012-466 El Adopted [] Adopted as Amended [] Defeated Yes/Aye-- NO/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Seconder [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] ~ [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] ~ Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt . ~ [] No Action 2012-467 CA TEGORY: Budget Modification DEPARTMENT: Human Resource Center HRC Budget Modification Fiscal Impact: To allocate funds into Katinka House supplies expense line RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General June 5, 2012 Southold Town Board Meeting Minutes Page 15 Fund Whole Town budget as follows: Revenues A.2705.50 Adult Day Care Donations $600.00 Total $600.00 T._.~o: Appropriations A.6772.4.100.120 Supplies and Materials $600.00 Total $600.00 *' Vote Ree0rd. Reso ut on RES-2012467 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Jill Doheay Voter [] [] [] ; [] [] Tax Receiver's Appt Albeal Kmpski Jr. Vot'~'~ r~ ~ [3 [] [] Rescinded Louisa P. Evans seConder I~ r~ 13 [] [] Town Clerk's Appt Scott Russell v0t-"~ [] Supt Hgwys Appt [] No Action 2012-468 CA TEGOR Y: DEPARTMENT: Employment - FIFD Accounting Accepts Resignation of Donald Casavant WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their May 15, 2012 to accept the resignation of the followJng personnel, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and resignations of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby accepts the resienation effective May 15~ 2012 of Donald II. Casavant, part-time purser~ for the Fishers Island Ferry District. Vote Record - Resolution RES-2012-468 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Seconder gl [] [] [] [] Defeated Christopher Talbot Voter ~ [] [] [] [] Tabled Jill Doherty Initiator [] [] [] [] June 5, 2012 Southold Town Board Meeting Minutes Page 16 [] Withdrawn Albert Kmpski Jr, Voter [] Supervisor's Appt Louisa P. Evans Voter [] Tax Receiver's Appt Scott Russell Voter [] Rescinded [] Town Clerk's Appt [] Supt Hgwys Appt F1 No Action 2012-469 CATEGOR~ DEPARTMENT: Advertise Town Clerk Advertise for Scale Operator RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for the position of provisional Scale Operator for the Department of Solid Waste. ~' '~ote Reeord- Reso ution RES-2012-469 [] Adopted [] Adopted as Amended [] Defeated 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. Seconder ' ~ [] [] [] [] Rescinded Louisa P. Evans ~ I~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-470 CA TEG OR Y: DEPARTMENT: Special Events Recreation Special Event - Approve Use qf Strawberry Fields Fiscal Impact: PD Cost Analysis: $3,122.64 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Town Fire Chief's Council Volunteer Firefighters Memorial Committee to use Strawberry Fields in Mattituck from Thursday, August 23 - Sunday, August 26 for a carnival to June 5, 2012 Page 17 Southold Town Board Meeting Minutes raise funds to build a firefighter's memorial in Cochran Park, providing 2. 3. 4. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as an additional insured; Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski No permanent markings be placed on town, county or state roads or property for the event; Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees associated with this event have been waived. '/Vote Record. Resolution RES-2012-470 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doheay [ Voter ~ Ul~ [] [] [] ? Tax Receiver's Appt Albert Kmpski Jr. Initiator [] [] [] Rescinded Louisa P. Evans Voter [] []~[] [] [] Town Clerk's Appt Scott Russell Voter [] [] Supt Hgwys Appt [] No Action 2012-471 CATEGORY: Refund DEPARTMENT: Town Clerk Refund of Beach Sticker RESOLVED that the Town Board of the Town of Southold hereby approves a refund of $6.00 for a Southold Town beach sticker #05151, purchased by Donald Kirby, 95 Donna Drive, Mattituck, NY 11952 in error on May 4, 2012. · / Vote Record - Resolution RES-2012-471 [] Adopted [] Adopted as Amended ~Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter V~ ' V1 [3 ~ [] [] Tabled Cttristopher Talbot Seconder ~[] [] [] [] Withdrawn Jill Dohcrty Voter [] [] Supervisor's Appt Albert Kmpski Jr. Voter [] [] [] [] Tax Receiver's Appt Louisa P. Evans ~ [] [] Rescinded Scott Russell Voter [] [] [] June 5, 2012 Page 18 Southold Town Board Meeting Minutes [] Town Cleck's Appt [] Supt Hgwys Appt [] No Action 2012-472 CA TE G O R Y: DEPARTMENT: Attend Seminar Planning Board Fishers Island Trip RESOLVED that the Town Board of the Town of Southold hereby grants permission to Heather Lanza, Planning Director; James Rich III, Planning Board Member; Phillip Beltz, Special Projects Coordinator; Mark Terry, Principal Planner; Brian Cummings, Planner; and Alyxandra Sabatino, Planner to all travel to Fishers Island on Wednesday, May 16, 2012 and return on Thursday, May 17, 2012 for thc purpose of conducting public meetings regarding the Southold Town Comprehensive Plan. All expenses including travel to be a legal charge to the 2012 Planning Budge (meetings and seminars). · r' Vote Re~ord - R~solutinn RES~2~12-472 ' [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albeil Kmpski Jr. Voter [] ' [] [] [] [] Rescinded Louisa P. Evans Seconder ~ [] [] [] [] Town Clerk's Appt Scoa Russell Voter [] : [] [] [] [] Supt Hgwys Appt [] No Action 2012-473 CATEGORY: DEPARTMENT: Employment - Town Recreation Rescind 5/22 Resolution-Hire Seasonal Employee RESOLVED that the Town Board of the Town of Southotd hereby rescinds the resolution that was approved at the May 22 meeting appointing the following individuals for the 2012 summer season, June 23 through September 3. STILLWATER LIFEGUARDS Matthew Grzesik (4th year) ....................................... $12.99/hour June 5, 2012 Page 19 Southold Town Board Meeting Minutes Christiana Man'on (6th year) .................................... $13.54/hour RECREATION SPECIALISTS OVATER SAFETY INSTRUCTORS) Breton Worthington (1 st year) .................................... $16.57/hour All three individuals have declined the position with the town. and be it further RESOLVED that the Town Board of the Town of Southold hereby appoints the following individual for the 2012 summer season, June 23 through September 3. STILLWATER LIFEGUARDS HOURLY SALARY Dylan Hahn (lst year) ................... $12.17 ~' Vote Record. ResolutiOn R~8~2012-473 [] Adopted [] Adopted as Amended I-1 Defeated Yes/Aye NofNay Abstain Absent [] Tabled William Ruland ~ Seconder [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Jill Su_ervisor's Appt Doherty Initiator F~ [] [] [] [] Tax Recdvefs Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] : [] [] Supt Hgwys Appt [] No Action 2012-474 CA TEGORY: Ratify Fishers Island Reso. DEPARTMENT: Town Clerk FIFD Raise Fees for Vehicles Over 18' RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated May 1, 2012 to raise fees as follows: "An ' ' y non-commercial vehicle over 18' will be charged an extra $10.00, residents $5.00, per round trip as of May 15, 2012 - Sept 5, 2012." ~' Vote ReCord. Resolnti~fi RES-2012¢474 a [] Adopted ~ [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland : Initiator E] [] [] [] [] Tabled Christopher Talbot -- ' Voter ~ [] [] [] [] Supervisor's Appt Albert Kmpski Jr. Seconder []~ ~ ~ ~ June 5, 2012 Southold Town Board Meeting Minutes Page 20 [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-475 CATEGORY: DEPARTMENT: Ratify Fishers Island Reso. Town Clerk FIFD Charging Additional Fees for Wait Time RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated May 1, 2012 charging for additional "wait" time for charters as follows: "All charters will be allowed one half hour wait time before the boat returns to New London. After that period they will be billed at a rate orS100 per every 10 minutes." ~' VOte Recot~l - ResolutiOn ~E8-2012..475 ~ " ............. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland ~ [] [] [3~ [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] ~ [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. '~ ~ [] ~ [] [] [] RescMded Louisa P. Evans Voter -- [] ~ [] [] ' [] [] Town Clerk's Appt Scott Russell Voter -- [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-476 CATEGOR~ DEPARTMENT: CloseFUse Town Roads Town Clerk American Diabetes Bike Ride 2012 Fiscal Impact: Police Department cost for Event = $0 RESOLVED the Town Board of the Town of Southold hereby grants permission to the American Diabetes Association to use the following roads for their Annual Bike Ride event~ Tour de Cure on Saturday~ June 9, 2012~ from 10:00 a.m. to 3:00 p.m., Main Road (Route 25), Bray Avenue, Great Peconic Bay Blvd, Bay Avenue, New Suffolk Avenue, Grathwohl Road, Moores Lane, Tabor Road, Soundview Avenue, Mill Lane, County Road 48, Cox Lane, June 5, 2012 Southold Town Board Meeting Minutes Page 21 Oregon Road, East Mill Road, Wickham Avenue, Cox Neck Lane, Bergen Avenue, and Sound Avenue providing 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; 2. Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski 3. No permanent markings be placed on town, county or state roads or property for the event; 4. Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees for this event have been waived. ~ Vote Record - Re'~olution RES-2012-476 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent ~ Tabled William Ruland ~ [] E]~ D~ [3 [] Withdrawn Christopher Talbot Seconder ~ [] [] [] [] Supervisor's Appt Jill Doherty Voter [] ~ [] [] [] [] Tax Receivea's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt ' Scott Russell Voter ~ ~ [] F1 [] Supt Hgwys Appt [] No Action 2012-477 CATEGORY: Advertise DEPARTMENT: Town Clerk Advertise for FI Bay Patrolman and Pumpout Boat Operator RESOLVED the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for a Fishers Island Bay Patrolman and a Fishers Island Pump-out Boat Operator in the Fishers Island Foghorn. ¢' Vote RecOrd. Resol Vote RecOrd - Resolution RES-2012-477 [] Adopted Yes/Aye : No/Nay Abstain Absent [] Adopted as Amended -- William Ruland Voter [] [] [] [] [] Defeated [] Tabled Christopher Talbot Initiator [] [] [] [] [] Withdrawn Jill Doherty Voter [] [] [] [] [] Supervisor's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Tax Receiver's Appt Louisa P, Evans Seconder [] [] Fl [] [] Rescinded Scott Russell Voter [] [] [] [] [] Town Clerk's Appt June 5, 2012 Southold Town Board Meeting Minutes Page 22 [] Supt Hgwys Appt [] No Action 2012-478 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Recreation Hire Summer Recreation Program Instructor Resolved that the Town Board of the Town of Southold authorizes and directs Supervisor Scott A. Russell to execute an agreement with the following individual 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. Megan Vinciguerra (Basic Web Design) ......................... $30/hour ~' V~te ReCO~d = Res0!ution R~S-20i~78 ~ ' [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder E] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doher~y Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krapski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter ~ ~ [] [3 [] Town Clerk's Appt Scott Russell Voter [] ~ ~ ~1 [] Supt Hgwys Appt ~ [] No Action 2012-479 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Microfilm Storage Contract RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with Perpetual Storage~ Inc.~ 6279 E. Little Cottonwood Canyon Road~ Sandy~ Utah 84092 in connection with the storage of microfilm of the Town of Southold in the amount as set forth in Schedule "A", Schedule of Fees for Services and Additional Services, and Declared Value, attached to this resolution, all in accordance with the approval of the Town Attorney. June 5, 2012 Southold Town Board Meeting Minutes Page 23 Vote Record. Resolution RES-2012-479 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain : Absent [] Tabled William Ruland Initiator [] [] [] [] [] With&awn Christopher Talbot Voter [] [] [] : [] [] Supervisor's Appt Jill Doher~y Voter [] [] [] ~ [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] : [] : [] FI Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt ~ [] No Action 2012-480 CATEGORY: DEPARTMENT: Public Service Town Clerk Approve the Issuance of a Fireworks Permit by the Town Clerk to the Mattituck Lions, for Fireworks Displays on June 14 and June 15, 2012 (Thursday and Friday) RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk to the Mattituck Lions~ for fireworks displays on Thursday~ June 14 and Frida,y, June 15~ 2012 in coniunction with the Mattituck Lions' Strawberry Festival~ on the northeast side of Strawberry Field~ Mattituck, New York upon the payment of a fee of $100, subject to the applicant's compliance with the requirements of the Town's policy regarding the issuance of fireworks ~ermits and subject to the approval of the Town Attorney. ~' Vote Re%rd; R~aolution RES-2012-480 ~ Adopted [] Adopted as Amended E] Defeated ' Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] ~ Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Seconder [] [] [] [3 Fl Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] : [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] rn [] [] [] Supt Hgwys Appt [] No Action 2012-481 June 5, 2012 Southold Town Board Meeting Minutes Page 24 CA TEGOR Y: DEPARTMENT: Surplus Equip - Non Usable Police Dept Asset #3302, Unusable Equipment WHEREAS the Town Board of the Town of Southold declared the following vehicle as surplus, 2005 Ford Crown Victoria VIN#2FAHP71W45X126757 Asset #3302 and WHEREAS the Town Clerk advertised for bids for said surplus and received none, now therefor be it RESOLVED that Asset #3302 is to be declared as unusable surplus equipment and disposed of. ¢' Vote Record ~Resolution RES*2012-481 * ~ ~ '~ ~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Tall~t Seconder [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] ~ [] [] [] [] Tax Receiver's Appt Albert Krapski Jr. Vot-'---~ [] [] r~ [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-482 CA TEGOR Y: DEPARTMENT: Local Law Public Hearing Town Attorney PH 7/3/12 ~ 7.'32 PM Schriever/Change of Zone WHEREAS, the Town Board has made a motion to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM #1000-45-7-5.3 from Residential Low-Density (R-40) to Residential Office (RO); and WHEREAS, the Town Board of the Town of Southold referred said Application to the Planning Board for review and recommendations; and WHEREAS, the Planning Board conducted a review of said Application and issued a Memorandum dated April 13, 2012, supporting this Application; and WHEREAS, the Local Law is entitled "A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning District Designation of SCTM #1000-45-7-5.3 from Residential Low-Density (R-40) to Residential Office (RO)". June 5, 2012 Southold Town Board Meeting Minutes Page 25 NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold is considering the change of zone of said parcel known as SCTM #1000-45-7-5.3; and it is further RESOLVED that the Town Board of the Town of Southold establishes itself as lead agency; and it is further RESOLVED that the Town Board of the Town of Southold requests that Principal Planner, Mark Terry, prepare a SEQRA report and recommendations; and it is further RESOLVED that the Town Clerk of the Town of Southold is directed to forward the matter to the Suffolk County Planning Commission for a report and recommendations; and it is further RESOLVED that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall~ 53095 Main Road~ Southold~ New York~ on the 3ra day of July~ 2012 at 7:32 p.m. The purpose of this Local Law is to change the Zoning District Designation of SCTM #1000-45-7- 5.3 from Residential Low-Density (R-40) to Residential Office (RO). The petitioner for this request is William W. Scluiever. The property is approximately .813 acres (35,403 sq. fi.) and is located at 820 Front Street, Greenport, New York. 2012-483 CA TEGORY: Employment - Town DEPARTMENT: Accounting Authorizes PT Mini Bus Driver Brian Dickerson to Work FT WHEREAS full-time employee # 5553 in the Town's Programs for the Aging has taken ill and June 5, 2012 Page 26 Southold Town Board Meeting Minutes is expected to be out of work for approximately 4 weeks and WHEREAS the Town Board has determined that the Town's Programs for the Aging requires full~time coverage, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes Part-Time Mini Bus Driver Brian L. Dickerson to work full-time to cover this absence starting on June 4, 2012; rate of pay at Mr. Dickerson's existing rate of $16.93 per hour. 4' Vote ReC°rd .Resolution RE$-2012-483 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doheay Initiator ~ ~ [] Tax Receiver's Appt Albert Kmpski Jr. ~ lq ~ Iq [] [] Rescinded Louisa P. Evans Voter I~ ~ [] ~ [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-484 CATEGORY: DEPARTMENT: Attend Seminar Town Attorney Grants Permission to Assistant Town Attorney, Lori 3~ Hulse, to Attend the Seminar Entitled "Electronic Filing in NYS Supreme Court" at the Riverhead Courthouse in Riverhead, New York, on dune 11, 2012 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Assistant Town Attorney, Lori M. Hulse~ to attend the seminar entitled "Electronic Filim. in NYS Supreme Court" at the Riverhead Courthouse in Riverhead, New York, on June 11, 2012. All expenses for registration and travel are to be a charge to the 2012 Town Attorney budget. '/Vote Rec0rd ~ Resolution RES-2012-484 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn ChristopherTalbot - --V°ter [] [] [] [] [] Supervisors 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 June 5, 2012 Southold Town Board Meeting Minutes Page 27 [ I I 2012-485 CA TEGOR Y: DEPARTMENT: Attend Seminar Engineering Attend Seminar "Protecting Our Water Resources" RESOLVED the Town Board of the Town of Southold hereby grants permission to James Richter, Michael Collins and Mark Terry to attend a Long Island Green Infrastructure Conference and Expo on" Protecting our Water Resources" at Brookhaven National Laboratory, on June 21, 2012, travel by town vehicle. All expenses for registration shall be a legal charge to the 2012 Engineering / MS4budget. *'/¥o~[e Reeord- Re~olm~lon ~1E~-2012~485 * ~ Adopt~ ~ Tabl~ William Ruled ~ Sup~im~s Appt Jill ~h~y ~ R~cmd~ ~ui~ P, Evans ~ To~ Cl~k's Appt Sco~ R~sell 2012-486 CATEGORY: DEPARTMENT: Budget Modification Solid Waste Management District SWMD Budget Modifications: Gas Monitoring; Equipment Repairs Fiscal Impact: l) Moves gas monitioring budget from groundwater line to its own budget line. Includes $1,700for site assessment work related to methane readings in monitoring well ;46. 2) Provides additional funds to complete grinder engine rebuild. RESOLVED that the Town Board of the Town of Southold hereby modifies the SWMD 2012 budget as follows: From: SR 8160.4.500. t 50 (Groundwater Monitoring) $ 8,000 June 5, 2012 Page 28 Southold Town Board Meeting Minutes SR 8160.4.100.640 (Maint/Supply Trailer Fleet) SR 8160.4.400.655 (Contr. Repairs CAT 966) To: SR 8160.4.500.175' (Gas Monitoring) SR 8160.4.400.665 (Repairs/CBI Grinder) $1,500 $1,500 . $11,000 $ 8,000 $ 3,000 $11,000 *New Budget Line Vote Re%r~ ReSo nt On RES-2012-486 g~ Adopted [] Adopted as Amended [2 Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisors Appt Jill Dohecty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter ~ ~ [] ,[] [] [] Rescinded Louisa P. Evans Initiator [] [] [3 [3 [] Town Clerk's Appt Scott Russell VoterF~ ? [] [] [] [] Supt Hgwys Appt -- -- - ~ [] No Action 2012-487 CATEGOR~ DEPARTMENT: Budget Modification Public Works Fishers Island Basketball Court Improvements Fiscal Impact.· Park & Playground Fund RESOLVED that the Town Board of the Town of Southold hereby increases the General Fund Whole Town 2012 budget as follows: TO Revenues: A.2025.00 Appropriations: A.1620.2.500.880 Special Recreation Facilities Park & Playground $2,000 Fishers Island Basketball Court Improvements ' Vote Record - Resolution RES-2012487 Adopted Adopted as Amended Defeated William Ruland Tabled Christopher Talbot $2,000 Yes/Aye No/Nay Abstain Absent Voter [] [3 [] [] thitiator ~ ~ [] [] I June 5, 2012 Southold Town Board Meeting Minutes Page 29 [] Withdrawn Jill Doher~y Seconder [] [] [] [] [] Supervisor's Appt Albert Kmpski Jr. Voter [] [] [] [3 [] Tax Receiver's Appt Louisa P. Evans Voter gl [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] [] Town Clerk's Appt ~ ~ [] Supt Hgwys Appt [] No Action 2012-488 CATEGORY: DEPARTMENT: Litigation Town Attorney Retain Frank l{ler/Vineyard 48 Litigation RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler~ Esq. as Special Counsel in the Supreme Court~ Suffolk County civil action entitled "Town of Southold v. Rose's Vineyard, LLC and Joseph Paul Winery~ Inc. d/b/a Vineyard 48" under Index No. 12-15938. '~ Vote R~ord -Resolution R~.,S-2012-488 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seco_rider -. [~ ~ [] [] [] [] Withdrawn Christopher Talbot Voter [] ' [] [] [] [] 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 2012-489 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Peconic Estuary Program Grant Application WHEREAS, the Peconic Estuary Program has requested the Town's assistance in sponsoring the submission of a Grant Application to the Suffolk County 0.25% Fund on behalf of the 12 East End Municipalities to fund a Program Coordinator to implement a proposed Inter-Municipal Agreement for collective efforts in MS4 permit compliance; and June 5, 2012 Southold Town Board Meeting Minutes Page 30 WHEREAS, the Grant Application will be prepared by the Peconic Estuary Program Office on behalf of the East End Municipalities, and the Town would act as the lead municipality in grant administration; and WHEREAS, the submission of the Grant Application does not commit the Town to signing the future Inter-Municipal Agreement to be offered to the 12 East End Municipalities; and WHEREAS, the Town of Southold would have the right to review and approve the future Work Plan prepared for implementation of the Year 1 tasks to be funded by the grant prior to signing the Grant Agreement, if awarded. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs to execute the ¢ [] Tabled William Ruland ~ ~ Tax Receiver's Appt Albert Krupski Jr. Seconder 2012-490 CA TE GORY: Seqra DEPARTMENT: Town Attorney SEQRA LL/Waterfowl RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in relation to Amendments to Chapter 83~ Anlmals~ in connection with Waterfowl and Gull Feeding and Pet Waste" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated June 4, 2012, and authorizes Supervisor Scott A. Russell to sign the short form EAF June 5, 2012 Southold Town Board Meeting Minutes Page 31 in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. · ~' vote Record. Re~oluflon RES-2012-490 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisot'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 [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-494 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Appoint Anne Murray to LPC RESOLVED the Town Board of the Town of Southold hereby appoints Anne Murray to the Land Preservation Committee to fill the vacancy created by the resignation of Raymond Huntington, effective immediately through March 31,2013. '/Vote R~c0rd ,ReSOlution RES-2012-494 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absenl [] Tabled William Ruland [] Withdrawn Christopher Talbot Secondcc [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-495 CA TEGOR Y: DEPARTMENT: Budget Modification Accounting June 5, 2012 Southold Town Board Meeting Minutes Page 32 Budget Modification ESRI Capital Fund Fiscal Impact: Appropriate funds for ESR[ software RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Capital Fund budget as follows: From: H.8540.2.100.100 To: H. 1680.2.500.600 Stormwater Mitigation Program Total $20,000 $20,000 ESRI Software $20,000 Total $20 000 Vote Reeord. ReSOlution RES~2012~495 [] Adopted 13 ,~dopted as ~d~ ~ Wi~ C~stoph~ Talbot Sup~isor's Appt Jill Doh~y R~cMd~ ~uisa P. Evans 2012-496 C~I TE GOR Y: Legislation DEP.~RTMENT: Town Clerk Close Public Hearing on Special Events RESOLVED the Town Board of the Town of Southold hereby closes the public hearing on S >ecial Events held on May 22, 2012. Vote Record , Resoluil0n R~S-2012:496 [] Adopted [] Adopted as Amended Yes/Aye--N°/Nay Abstain Absent [] Defeated William Ruland Voter ~ ~ ~ [3 [] Tabled Christopher Talbot Voter [] [] [] [] [] Withdrawn Jill Doherty Voter [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. : Seconder [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] F1 [] [] [] Rescinded Scott Russell Voter [] [] [] [] [] Town Clerk's Appt June 5, 2012 Southold Town Board Meeting .Minutes Page 33 Supt Hgwys Appt J No Action 2012-491 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL Chapter 83 WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 10® day of April, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 83~ Animals~ in connection with Waterfowl and Gull Feeding and Pet Waste" 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 83~ Anlmals~ i,, connection with Waterfowl and Gull Feeding and Pet Waste" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 83~ Animals~ in connection with Waterfowl and Gull Feeding and Pet Waste". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intent of this Article to protect the health, safety and welfare of the community and to assist the Town of Southold and its wildlife by prohibiting the feeding of migratory, nonmigratory, or resident waterfowl and gulls within publicly owned land or waterways of the Town of Southold. The feeding of waterfowl and gulls increases the potential for damage to lands; can cause water quality problems, beach closures, and contamination of shellfish growing areas; and increases the potential for the spread of disease to residents. In addition, it is the intent of this Article to protect the welfare of the waterfowl and gulls themselves, since wildlife studies have shown that the feeding of waterfowl and gulls can interrupt their normal migration patterns, cause nutritional problems, and promote the spread of serious waterfowl and gulls' diseases such as avian influenza, avian cholera, plague and botulism. This Article also expands the scope of the Pooper Scooper Program to include a prohibition of leaving domestic pet waste on any public property with a goal of further reducing non-point source pollutants and bacteria levels in stormwater runoff entering waters of the Town. June 5, 2012 Page 34 Southold Town Board Meeting Minutes II. Chapter 83 of the Code of the Town of Southold is hereby amended as follows: §83-6. Prohibited activities. It shall be unlawful for any person owning, harboring, in possession of or in control of any dog in the Town of Southold to permit or allow such dog to: C. D. E. Run at large elsewhere than upon the premises of the owner or custodian unless said dog shall be on a leash or accompanied by a person at least 12 years of age, having adequate control of such dog, or unless it be upon the premises of another person with the knowledge and consent of such person. For the purpose of this article, a dog or dogs hunting in company with a hunter or hunters shall be considered as accompanied by their owners. Engage in habitual howling or barking or conduct itself in such a manner as to habitually annoy any person other than the owner or person harboring such dog. Cause damage or destruction to property other than the property of the owner or person harboring such dog. Chase or otherwise harass any person in such manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury. ARTICLE IV Waterfowl and Gull Feeding and Domestic Pet Waste .~83-27. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. An,/word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition). DOMESTIC PET (ANIMAL) - Any animal that has been bred or raised to live in or about the habitation of humans and is dependent on people for food and shelter. Domestic pets include, but are not limited to, dogs, cats, horses, swine, donkeys, and goats. FEED or FEEDING - To place, deposit, scatter, or distribute in a location accessible to waterfowl or gulls any type of food, including but not limited to corn, wheat or other grains, bread, popcorn, scraps, or an,/substance liable to be eaten by the waterfowl or gulls. June 5, 2012 Page 35 Southold Town Board Meeting Minutes PERSON - An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject of rights and duties. PUBLICLY OWNED PROPERTY - Any land which is owned, maintained, leased or managed by the Town of Southold for any purpose whatsoever, including but not limited to, parks, preserves, beaches and marinas. WATERFOWL- Those species of birds commonly knownas ............ swans, geese, and ducks and any other waterfowl falling under the jurisdiction of the United States Fish and Wildlife Service, and are either migratory, nonmigratory, or resident fowl. WATERWAYS - A general term referring to lakes, ponds, streams, creeks, stormwater basins, and harbors. §83-28. Prohibitions. A. Waterfowl and Gull Feeding: It shall be unlawful for any person to: 1. Feed or provide food for any waterfowl or gulls on publicly owned l and~ or waterways within the Town of Southold at any time of year. 2. Create any condition which results in a congregation of waterfowl or gulls on Town property which: (a) results in an accumulation of waterfowl or gull feces or droppings; (b) results in damage to flora, fauna or property; (c) results in a threat or nuisance to the public health, safety or welfare; (d) results in a threat to the health, safety or welfare of said waterfowl or gulls. B. Domestic Pet Waste: It shall be unlawful for any person, owning, harboring, keeping, or in charge of any domestic pet in the Town of Southold to permit or allow such domestic pet to soil, defile, or defecate on any common thoroughfare, sidewalk, passageway, roadway, highway, street, beach, park, preserve or any other public or Town-owned property; or any place where people congregate or walk; or on any private property without the permission of the owner of said property. It shall be a violation of this Section unless all feces are immediately removed by said person in a sanitary manner and then sealed and deposited in a garbage container. Any feces disposed of in street storm collection systems is prohibited. §83-29. Enforcement. The provisions of this Article shall be administered and enforced by the Zoning Inspector and/or Southold Town Police/Bay Constables who have the power to issue appearance tickets; provided, however, that for the first year after the effective date of this law, such personnel shall only issue warnings for violations of this law. §83-30. Penalties for offenses. Any person committing an offense against any provisions of this Article shall, upon conviction thereof, be guilty ora violation punishable by a fine not exceeding $250.00. June 5, 2012 Southold Town Board Meeting Minutes Page 36 §83-31. Statutory Authori .ty. In accordance with Section 10 of the Municipal Home Rule Law of the State of New York, the Town Board of the Town of Southold has the authority to enact local laws and amend local laws and for the purpose of promoting the health, safety or general welfare of the Town of Southold and for the protection and enhancement of its physical environment. 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 , law. · / ¥ot~ Reeorlt x Resolution RES-2012491 g~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No?Nay Abstain Absent [] Tabled William Ruland Voter [] [] ~ [] [] [] Withdrawn Cluistopher Talbot Voter [] Fl [] [] [] Supervisors Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-492 CA TEGOR Y: DEPARTMENT: Enact Local Law Town Clerk ENACT Chapter 260 Village La, Orient WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 8t" day of May, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic~ in connection with Parkin}, Restrictions and Traffic and Pedestrian Safet~ on Village Lane and King Street in the hamlet of Orient" 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 be given an opportunity to be heard, and now therefor be it. June 5, 2012 Southold Town Board Meeting Minutes Page 37 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 260~ Vehicles and Traffic~ in connection with Parking Restrictions and Traffic and Pedestrian Safe~, on Village Lane and King Street in the hamlet of Orient" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic~ in connection with Parking Restrictions and Traffic and Pedestrian Safe ,ty on Village Lane and King Street in the hamlet of Orient". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose. The purpose of this local law is to improve safety for pedestrians and vehicles, as well as dealing with impacts to the public's health, safety and welfare resulting from vehicle parking and standing on Village Lane and King Street in the hamlet of Orient. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: §260-8. Parking prohibited at all times. The parking of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates "no parking": Name of Street Side Village Lane West Location At Orient, between a point 50 feet north of the northerly curbline of Orchard Street and a-pointdCgg-fe~ somher45°gaer~ extending to the terminus of Village Lane at the intersection with King Street Name of Street Side King Street South Location At Orient, from the southeasterly comer of the intersection of King Street and Village Lane to the southwesterly comer of the intersection of King Street and Willow Terrace Lane III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. June 5, 2012 Southold Town Board Meeting Minutes Page 38 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-2012-492 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulasld Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter ~ [] [] [] [] Supervisor's Appt Jill Doheay Seconder [] ~ [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans : Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt E] No Action Comments regarding resolution 492 SUPERVISOR RUSSELL: The motion made was to defeat the no parking law on Village Lane as drafted. I vote yes with the caveat that we get together and resolve the issue as quickly as we can. 2012-493 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL Chapter 275 WHEREAS there has been presented to the Town Board of the Town of Southold, Suffblk County, New York, on the 8th day of May, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline" 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, and 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 275, Wetlands and Shoreline" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline".. June 5, 2012 Southold Town Board Meeting Minutes Page 39 BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. In order to continue to protect the natural state of the shorelines and wetlands within the Town of Southold, while balancing the rights of property owners, it is the purpose of these amendments to simplify the permit process, codify and clarify existing policies and conform certain regulations to environmentally accepted practice. II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: § 275-2. Definitions; word usage. ... v,..~ .............. ~,.~., .... fallowing + .... ~ .......... ~- --~ +~;~ ,~-~,,~-~ aha!! ha;': the :'...ean:ngs ~, .............. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition). AQUACULTURE -- The raising or cultivation of ................. L,~114:11~1~ ~. ~.14:1;~4.1 ~-*~: .... · .... +~ ; ...... cc~,+~ livin tic org~ sms. ................ : .......... , ................. g aqua i Poco .... Eay, Long Ecaoh Er,5,, Orient Hr,thor ............... j. Body of water within the boundaries of the Town of Southold excluding the Long Island Sound and those defined under Creeks. BEACH -- The zone of unconsolidated earth that extends landward from the mean low water line to the seaward toe ora dune or bluff, or whichever is most seaward. Where no dune or bluff exists landward of a beach, the landward limit of a beach is 100 feet landward from the place where there is a marked change in material or physiographic form or from the line of permanent vegetation, whichever is most seaward. Shorelands subject to seasonal or frequent overwash or inundation are considered to be beaches. BOAT/VESSEL -- Any floating object capable of carrying people as a means of transportation in water, including an airplane capable of landing on water as well as any floating structure not otherwise considered to be part of a dock structure as defined herein, with or without means of propulsion, that can be moored independently or can be secured by any means to a piling, dock, bulkhead, groin, or other fixed device located above or below mean high water. This definition excludes floating docks and swim platforms. June 5, 2012 Southold Town Board Meeting Minutes Page 40 CRITICAL ENVIRONMENTAL AREAS -- All sites previously nominated by the Town of Southold and/or Suffolk County and designated by the New York Department of State as Critical Environmental Areas worthy of protection including but not limited to: Cutchogue Harbor Wetlands, Hallock's Bay, Dam Pond, Downs Creek, Orient Creek, West Creek, Richmond Creek and Beach, Brush's Creek, Cedar Beach Creek, Corey Creek, Deep Hole Creek, Goldsmiths Inlet, Halls Creek, Goose Creek, Little Creek, Mill Creek and Pipes Cove Creek. FLOAT -- See Boat/Vessel FUNCTIONAL -- Any structure that has essentially retained its purpose and -,..u:- +u~ ~, use .............. 4 ~^-a. ...... .~:_~ +u ...... . ....... ,:..:. .... issu as determined by the Board of Trustees GROIN -- A man-made barrier typically perpendicular to the shoreline used to change the natural littoral drift, prevent erosion, maintain inlet~..,.~-* ...... ~..~, or protect an area from wave energy. ~ used*".,~ ..... e, ..................... maintain beach elevation, prevent erosion, ~d maintain inlet entrances., LOW-PROFILE JETTIES -- The definition of a low-profile jetty is site specific, but typically is a structure no higher than 18 inches ............ above existing soil or sediment grade on the down-drift side and shall not extend seaward of apparent low water. MATERIAL -- Soil, sand, stone, gravel, clay, bog, peat, mud, wood or any other material, including liquids, organic or inorganic. MEAN HIGH WATER (MHW) -- The average of all the high water heights observed over the most previous..._,.,..~,, -; ............. v~,-, r~--~,~'~^a eighteen and a half year period. MEAN LOW WATER (MLW) -- The average of all the low water heights observed over the most previous4'~ eighteen and half year period. MOORING -- Anchoring for greater than 24 4~8 hours other than in designated anchorage areas as established by a governmental agency. NONDISTURBANCE BUFFER A vegetated area,, ........................... cr as designated by the Board of Trustees, immediately landward of the wetland boundary, shoreline structure, or other line designated by the Trustees where no operations, maintenance, placement June 5, 2012 Page 41 Southold Town Board Meeting Minutes of signs or other activities may take place, except that man-made debris may be removed from such area by hand without the permission of the Board of Trustees. NONTURF BUFFER -- A designated area where turf grass, pesticides and fertilizers are not permitted. Any pervious material allowing for percolation of surface runoff into the soil i~s allowed. Examples include ......... native vegetation, wood chips, mulch, gravel, and sand. Decks may be allowed if they are level or pitched away from the water, are pervious to precipitation and are constructed of materials other than treated lumber. Any and all runoff generated by such structures must be allowed to percolate into the ground directly below the OPERATIONS (1) The removal of material from wetlands or an,/other;v/sc activit,/within Trustee jurisdiction. (2) .r~.~ ,~^~;, ~..~;~. ..... c ~ ~+~.~ ~, The placement, repair or removal of structures, including, but not limited to, boats, floating docks, floats, dock components, duck blinds on wetlands or otherwise within Trustee jurisdiction. (3) The deposit or discharge of material on any area that results in the transport of said materials into wetlands or otherwise within Trustee jurisdiction. (4) The erection, construction, alteration, repair or enlargement of any building, dock, pier, wharf, bulkhead, jetty, groin, or an,/s,/stem or other structure, temporary or permanent, on wetlands, or otherwise within Trustee jurisdiction. (5) Removing or otherwise affecting the growth of plants in wetlands or otherwise within Trustee jurisdiction. ORDINARY AND USUAL MAINTENANCE -- Actions on a permitted, functional structure which do not involve more than 75% of the entire structure which are required to preserve in a condition or state of equivalent quality to that which was approved or required by permit. PIER -- A fixed structure to secure vessels, unloading or loading persons or property or providing access to the water. ~ SEASONAL STRUCTURES--- Structures that ma,/not be installed prior to April 1 of each calendar ,/ear and must be removed by December 1 of each calendar ,/ear. SILT BOOM -- A structure deployed within the water column that is designed to prevent passage of suspended sediments and contaminants from spreading from the immediate project area to surrounding waters, o ..... ~., :~+~,,~.~ ~:,+ ,. ........ ~+~, .......... .~ +~. .... :~+ .... SOUND -- Includes the following: Long Island Sound, Fishers Island Sound and Block Island Sound. June 5, 2012 Page 42 Southold Town Board Meeting Minutes TOWN WATERS -- All the waters within the boundaries of the Town of Southold WETLANDS (TIDAL) (2) All banks, bogs, meadows, flats, and tidal marsh and beaches subject to such tides and upon which grows or may grow some or any of the following: smooth cordgrass (Spartina altemiflora), salt hay grass (Spartina patens), black grass (Juncus gerardii), saltworts (Salicomia spp.), sea lavender (Limoneum spp.), marsh elder (Iva frutescens), groundsel (Baecharis halimfolia), marshmallow (Hibiscus spp.). § 275-3. Findings; purpose; jurisdiction; setbacks. of Southold. (1) Jurisdiction: The following areas are subject to protection under Chapter 275 of the Code Any freshwater wetland, tidal wetland, beach, bluff, dune, flat, marsh, swamp, wet meadow, bog, or vernal pool; (2) Any creek, estuary, stream, pond, canal, or lake; (3) Land under water; (4) Land subject to tidal action; (5) Land within 100 feet of the areas listed above; (6) All Town waters. D. Setbacks. (1) The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (b) Bluff!inc. Top of bluff. [4] Swimming pool and related structures: !00 50 feet. § 275-4. Exceptions. The provisions of this chapter shall not require a permit for the following: (3) The ordinary and usual operations relative to a bona fide.preexisting commercial agriculture ~... or ............. horticultural operation landward of the wetland boundary. (5) The ordinary and usual maintenance or repair on a permitted structure (of the same dimensions) of a functional building, dock, pier, wharf, jetty, groin, dike, dam or other water-control device or c..... structure, The demolition, removal, repair and/or upgrading of existing residential fuel tanks, fuel lines, fuel dispensers, installation or burial of a residential propane tank, including necessary site work, and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. within (9) June 5, 2012 Southold Town Board Meeting Minutes Page 43 (10) Installation of new or replacement windows, roof shingles, solar panels, siding, doors, and second story additions only if additions are within the existin~ footprint and are made to an upland, permitted structure, dcrmcrg and_g!~:~ng on (11 ) The relocation of an existing septic system from within Trustee jurisdiction to outside Trustee jurisdiction. (12) Flagpoles specifically used for that purpose, with a base not greater than 4 feet by 4 feet. (13) Operations landward of a public road whereby the public road is located between the waterbody that is the source of Trustee jurisdiction and the operations. (11)(14) Notwithstanding the above listed exceptions, operations within a designated nondisturbance buffer are prohibited. § 275-5 Permit procedures. Administrative permit. (1) The administrative permit review process is intended to provide for expedited review for projects that are deemed consistent with the Board's policy regarding protection of wetland resources. If the proposed operations meet with all the current setback requirements as defined by §275-3 and do not pose a threat to the overall function and condition of wetlands or adjacent buffer areas, applicants may request an administrative permit review. This review does not relieve the applicant of providing all the application requirements (§275-6) or obtaining permits from other jurisdictions, including, but not limited to, New York State Department of Environmental Conservation and United States Army Corp of Engineers. Under the administrative review process, each application will be reviewed by at least one member of the Board and approved by the majority. See §275-8H for details of approval. (2) The following operations will be considered for administrative review, in accordance with the standards set forth in §275-11: (d) Remodeling or renovation ~ of a permitted structure, provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. (t~)(~) Construction or installation of drainage structures for the retention of runoff; provided that such structures incorporate the maximum feasible setback from wetlands and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. June 5, 2012 Page 44 Southold Town Board Meeting Minutes (3) (3)(h) The construction of a permitted bulkhead as per §275-11, which is to replace an existing functional bulkhead, subject to the following: ¢)(i) Minor changes to existing, valid Trustee permits. The Trustees reserve the right to determine whether the changes qualify for administrative review. (4)(i) Minor restoration or alterations of landscaping. (-m)(k) Decks. (-~)(1) Minor alterations to existing permitted shoreline structures including stairs, bulkheads and docks. Dredging work necessitated by the accumulation of silt from runoff or other circumstances not the result of activity by or on behalf of the owner of the property. An application for proposed aquaculture activity that includes surface mounting gear in an area greater than five square yards. Deer fences if located a minimum of 25 feet landward of the wetland boundary line or bulkhead line, whichever designated line is most landward. Under no circumstances are deer fences permitted in a non (:p)(m) (q)l~ (o) disturbance area. Any such activities shall may require the addition of a nonturf buffer area net tc ~ as defined in §275-2. § 275-6. Application. Contents of application. A permit may be issued upon the written, verified application of the person proposing to perform operations on wetlands. Three copies of the complete application, including all written descriptions, pictures and surveys, shall be submitted to the C4e~ Office of the Trustees. Such application shall contain the following information: (2) At the discretion of the Trustees, a schedule for the proposed activities with a completion date. (8) Such application shall be accompanied by a survey and topographical map, created no more than ~ five years prior to the date of application, with contours at two-foot intervals, showing all wetlands within a two-hundred-foot radius of the area from which the removal or in which the deposit of materials is proposed, or in which structures are to be erected, certified by a registered land surveyor or registered professional engineer, licensed bythe State of New York. Such survey and topographical map shall show the soundings of the area in which operations are proposed to be conducted. The horizontal control of said June 5, 2012 S ' outhold Town Board Meettng Minutes Page 45 (14) survey shall be based on an approved local coordinate system. The vertical control for elevations shall be based on the United States Coast and Geodetic Survey datum. Drainage upgrade. At the discretion of the Board, nonadministrative applications may require submittal of a drainage upgrade plan. This plan must indicate how all existing and proposed on-site drainage from a two-inch rainfall is retained within the subject parcel landward of the wetland boundary. Retention can include but is not limited to infiltration or impoundment. All drainage plans shall show the calculations used to develop the plan. At the discretion of the Board said plans may require certification from a licensed engineer. Applicants may have additional requirements to meet compliance with Chapter 236. § 275-7. Fees. Every non-administrative application for a Trustees wetlands permit filed with the C4er& Office of the Trustees shall be accompanied by a filing fee of $250 which includes the first site visit, no portion of which shall be refundable. The fee for an administrative permit shall be $50. $100. For s~:c~:res activities that have been previously built without a permit, the fee will be doubled. If a preapplication site visit is requested, the fee shall be $50, which may be applied to an application fee for a wetlands permit made within six months of the site visit and which application involves activities that were the subject of the site visit. Dock and float fee. Every application for a new dock or float shall include a fee equal tc $3 per :quart fcct fcr re~dcntia! and ccmmcrcial a~ocks to be set by the Town Board. Commercial docks are any structures that are rented, leased or otherwise used to generate income, including, but not limited to, those structures located on properties zoned M1 and M2. § 275-8. Processing of application. Presubmission conference. Applicants are encouraged to schedule a voluntary presubmission site visit to discuss the proposed operations with the Board. Discussions in the field are purely advisory and nonbinding, but this meeting is intended to facilitate communication between the applicant and the Board. There will be a fee of $50 for this conference which may be applied to an application fee for a wetlands permit made within six months of the site visit and which application involves structures that were the subject of the site visit. Investigation and coordination. Upon receipt of the application, the ...... Office of the Trustees shall maintain the original in the file and forward one copy thereof to each of the following as necessary: the Conservation Advisory Council, LWRP Coordinator, Stormwater Management Officer, vih6m-appmpfia~, om~-opy-to the Planning Department and oi3e-eotyy-to the Zoning Board ~a ........ .^ ~,~ 4~a ..,~ ,u~ ^m~ v.~r'u~,,,~ ,r~.~.,~o~o. The Conservation Advisory Council shall review said application and the effect, if any, on the wetlands and tidal waters of the Town that may result from the proposed operations and shall, within 20 days of receipt of the same, forward its written June 5, 2012 Southold Town Board Meeting Minutes Page 46 report of findings and recommendations with respect to such application to the Trustees. If the Conservation Advisory Council shall recommend that such application be disapproved, the reasons for such disapproval shall be set forth in such report. If no response xs received wlthxn 20 days, ~,~ -er .................. a ........................... Afi','igoD' C¢,unci! rc:,iew, the review by the Conservation Advisory Council shall be deemed waived. § 275-10. Contents ofpermit. D.C~ The conditions imposed by the Trustees on the issuance of the permit. ~.D~ The specific location of the areas to be affected by the operations of the permittee. t~..E_.A statement that "The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The Town accepts no responsibility in applying for or obtaining such approval. In the event that such approval is necessary, the holder of this permit shall not commence operations hereunder until such approval has been obtained in writing. The failure to obtain such other approval when required shall subject this permit to immediate revocation by the Clerk upon receipt by the Clerk of written notice from such other governmental or municipal authorities of its refusal or disapproval." Acceptance of the permit is acceptance of this condition. G:F~. A statement that "The permittee does, by the acceptance of this permit, assume all responsibility for operations undertaken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the permittee also agrees to indemnify and save harmless the Town and its officers, agents and employees from any and all claims arising from operations under this permit and any and all acts or omissions of the applicant, his agents and employees." Acceptance of the permit is acceptance of this condition. A statement that "The permittee and the owner and occupants of the premises upon which the operations authorized by this perm)t are being conducted do, by the acceptance of this permit, give consent to the Town and its officers, employees and agents to enter upon the premises where such operations are being conducted to make such inspections to 'determine whether said operations are being conducted in conformity with the permit and, if necessary, to conduct said operations according to the performance guarantee (§275-9E). A statement that "The permittee is required' to notify the Trustees in writing one week prior to initiation of any and all operations." ~.I~ A statement that "The permittee is required to notify the Trustees in writing upon completion of operations such that the site can be inspected for issuance of a certificate of compliance (§ 275-13)." K-:J_. A statement that "The permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within 90 calendar days of issuance of this permit." June 5, 2012 Southold Town Board Meeting Minutes Page 47 A statement that "The permittee is required to conspicuously post the permit and have the supporting Trustees' stamped plans available for immediate inspection at the work site at the commencement of work until which time the project is completed. § 275-11. Construction and operation standards. General. The following standards are required for all operations within the jurisdiction of the Trustees: (1) Drainage upgrade. Applicants for a permit for any form of construction may be required to upgrade the site's drainage system such that all surface water generated from impervious surfaces shall be kept onsite through infiltration or retention. Applicants proposing grading or filling operations will be required to submit a drainage plan for the entire site at the discretion of the Trustees and must, in any event, comply with the requirements of Chapter 236. See also §275- 6A(14) for requirements. (3) New and remodeled homes. New and remodeled homes cannot be situated or modified such that they project closer to the wetland boundary than the mean seaward projection of homes in the general vicinity and ~- .... ........ on either side of the subject lot. (4) Fences. (_a) Trustees reserve the right to permit erection of a split-rail fence where the applicant has shown that there is a need to protect his/her private property. ,,vetta~. (b) Temporary or seasonal snow fences may be permitted upon a showing of need for erosion control at the Trustee's discretion. Suck (c) Fences on a beach shall be perpendicular to the waterline and not closer than -1-0 20 feet to ....... the apparent high water mark. (d) Only one posted sign per 100 linear feet of fence is allowed on a split-rail fence. Posted signs shall be no larger than 12 inches by 12 inches square. Any fence, barricade or impediment to pedestrian traffic on the beach or wetland area in violation of the provisions of this chapter shall be removed upon written notice to the owner of the premises upon which such fence, barricade or impediment is located sent by certified or registered mail. Such fence, barricade or impediment shall be removed by the owner within 30 days of the date of the notice. Upon failure to comply with such notice, the Building Inspector, the Office of Code Enforcement, Cede ...................... or Bay Constable may remove or cause the removal of the illegal structure. (_e) If any fence, barricade or impediment is determined by the Building Inspector, the Office of Code Enforcement .................... Officer or Bay Constable to create a hazard to the health, safety or welfare of the public, such structure may be removed and disposed of by the Town without prior notice to the owner. Upon removal by the Town, all costs and expenses incurred by the Town for the removal of such fence, June 5, 2012 Southold Town Board Meeting Minutes Page 48 barricade or impediment shall be the responsibility of the owner. The Town may pursue any and all remedies available at law to recover any unpaid costs associated with removal, including filing a statement with the Town Assessors, identifying the property in connection with which such expenses were incurred and the owner thereof as shown on the latest assessment roll of the Town. The Assessors, in preparation of the next assessment roll, shall assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalty as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. (6) EL°c&s-and Platforms ~T^ ~ ..... ~n~c .... u~n be ~;~a ........ (a) Platforms associated with stairs may not be larger than 32 square feet. (b) Platforms may not exceed 200 square feet and must be landward of the top of bluff. Shoreline structures. (1) Bulkheads, retaining walls, revetments and gabions. (--d-)(c) All bulkhead construction and renovation work requires the establishment of a permanent nonturf buffer as defined by {}275-2. (~(d) Retaining walls are not permitted unless excessive erosion can be demonstrated. (4)~q) In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber pre-treated with any preservative, including but not limited to chromated copper arsenate (also known as "CCA"), penta products, Alkaline Copper Quat (ACQ), or homemade wood preservatives is prohibited for use in sheathing and decking on structures in the wetlands as well as on any part ora structure in low tidal flow wetland areas as determined by the Trustees. Any use of creosote is prohibited. Preservatives of any type, including but not limited to those listed above, cannot be applied to any bulkheads, retaining walls or revetments after installation. Encapsulated pilings or native nonchemically treated (untreated) lumber only should be used in sensitive areas. (g)ij~ The use of tropical hardwoods is not permitted unless it is certified by the Forest Stewardship Council or similar organization. (-~).(g) New bulkheads in creeks and bays are prohibited, unless the operation involves construction of a low-sill bulkhead or connects to adjoining functional bulkheads. (4)(h) Machine excavation is prohibited in tidal and freshwater wetland areas unless specifically authorized by permit. (-k-)(i) No discharge pipes are allowed out of or over bulkheads unless permitted by the Trustees. June 5, 2012 Southold Town Board Meeting Minutes Page 49 (j) Individual residential stairs are prohibited on bluffs in the Coastal Erosion Hazard Area if the property is part of an association that maintains a common stairway within a reasonable distance. CO(k) Lighting: Any and all lights associated with bulkheads, retaining walls, stairs or poles in Trustee jurisdiction must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the waterfront is in active use. (m)q~ Backfilling: Only clean sand can be used for backfilling in eroded and excavated areas as well as behind new and repaired bulkheads. Garbage, asphalt, and C&D materials are strictly forbidden for use as backfill behind bulkheads. C. In water. (1) (2) Jetties and groins; general rules. (g) All applicants for jetties and groins extending across the foreshore shall be required to give and maintain a public passing way, o~he-uptamt on the landward end of the jetty or groin as necessary, not less than ~r~ve-four feet in width, to enable persons to pass and repass over said structure by steps or a ramp allowing pedestrian passage. ~7q[61 Except for structures used for water-dependent uses, there shall be no permanent structure located on or above the docks, ramps and floats. [~d[7] Any application for a dock to be constructed at the end of a right-of-way or commonly held land requires the written consent of all parties having an interest in the right-of-way, regardless of how property interests in the upland parcel may be divided among the owner(s), lessee(s), occupant(s), easement holder(s), or any other person(s) or entity(ies) with a legal or beneficial interest in any existing or proposed docking facility. [x~f8] All applicants for docks, including catwalks and ramps, extending across the foreshore shall be required to give and maintain a public passing way on the landward end of the dock, not !egg tkmn .~;'e fcct in w~dth, to enable persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage. [ 10]~ Preexisting nonpermitted and/or nonconforming structures cannot be replaced in kind without full review and approval by the Trustees. [11][10[Personal watercraft or "jet ski" floats cannot be added to any float, stairway, or dock without a Trustee permit. Floats may not cumulatively exceed 120 square feet. [12][11]Lighting: Any and all lights associated with docks, floats or poles must be directed on the subject structure and not out into the adjacent wetland, Docks. [6] June 5, 2012 Page 50 Southold Town Board Meeting Minutes (b) waterway or property. Lights shall not be on unless the dock is in active use. [13][12]Utilities and Water: If power and/or water are to be installed on a dock, plans for the installation must be provided to the Trustees at the time of application, installation of such amenities on an existing permitted dock requires obtaining a permit amendment from the Trustees. Dock locations and lengths. [3][d] No floating docks, floats, dock c omponents, ~ ........... or boats shall be stored on tidal wetlands, other intertidal areas or freshwater wetlands between April 1 and December 1 of each calendar year. No duck blinds may be stored on tidal wetlands, other intertidal areas or freshwater wetlands at any time. § 275-14. Transferability. A valid Trustees' permit ~ may be transferred to another applicant .approval of the Trustees upon a determination of the Trustees that the structure in its current stat,. conforms to the terms and conditions of the permit as issued, o~t ,^~ ~, .... c~_~.~ ..... ............. v ..... vv ............................. s. The fee for transferring said permit shall be $50. 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 Re~ord - Reaolution RES-2012-493 [3 Adopted [] Adopted as Amended : Yes/Aye No/Nay Abstain Absent [] Defeated ~ - 12] Tabled William Ruland [] [] [] [] ~ Withdrawn Chr/stopher Talbot [] [] [] [] [] Supervisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt ~ --~ ~ [] Rescinded Albert Krupski Jr. [] [] [] [] [] Town Clerk's Appt Louisa P. Evans [] [] [] [] [] Supt Hgwys Appt Scott Russell [] [] [] [] 1~ No Action ~ June 5, 2012 Page 51 Southold Town Board Meeting Minutes VI. Public Hearings Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell PH 6/5 7:32 PM LL/Waterfowl & Gull & Pet Waste 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 10th day of April, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 83~ Animals~ in connection with Waterfowl and Gull Feeding and Pet Waste" 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 5th day of June, 2012 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 83~ Animals~ in connection with Waterfowl and Gull Feeding and Pet Waste" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 83~ Animals~ in connection with Waterfowl and Gull Feeding and Pet Waste". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intent of this Article to protect the health, safety and welfare of the community and to assist the Town of Southold and its wildlife by prohibiting the feeding of migratory, nonmigratory, or resident waterfowl and gulls within publicly owned land or waterways of the Town of Southold. The feeding of waterfoWl and gulls increases the potential for damage to lands; can cause water quality problems, beach closures, and contamination of shellfish growing areas; and increases the potential for the spread of disease to residents. In addition, it is the intent of this Article to protect the welfare of the waterfowl and gulls themselves, since wildlife studies have shown that the feeding of waterfowl and gulls can interrupt their normal migration patterns, cause nutritional problems, and promote the spread of serious waterfowl and gulls' diseases such as avian influenza, avian cholera, plague and botulism. This Article also expands the scope of the Pooper Scooper Program to include a prohibition of leaving domestic pet waste on any public property with a goal of further reducing non-point source pollutants and bacteria levels in stormwater runoffentering waters of the Town. June 5, 2012 Page 52 Southold Town Board Meeting Minutes II. Chapter 83 of the Code of the Town of Southold is hereby amended as follows: §83-6. E. Prohibited activities. ARTICLE IV Waterfowl and Gull Feeding and Domestic Pet Waste §83-17. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chaptci, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition). DOMESTIC PET (ANIMAL) - Any animal that has been bred or raised to live in or about habitation of humans and is dependent on people for food and shelter. Domestic pets include, but are not limited to, dogs, cats, horses, swine, donkeys, and goats. FEED or FEEDING - To place, deposit, scatter, or distribute in a location accessible to waterfowl or gulls any type of food, including but not limited to corn, wheat or other grains, bread, popcorn, scraps, or any substance liable to be eaten by the waterfowl or gulls. PERSON - An individual, association, firm, syndicate, company, trust, corporation, department. bureau or agency or any other entity recognized by law as the subject of rights and duties. PUBLICLY OWNED PROPERTY - Any land which is owned, maintained, leased or managed by the Town of Southold for any purpose whatsoever, including but not limited to, parks, preserves, beaches and marinas. WATERFOWL- Those species of birds commonly knownas ............ swans, geese, and ducks and any other waterfowl falling under the jurisdiction of the United States Fish and Wildlifi, Service, and are either migratory, nonmigratory, or resident fowl. WATERWAYS - A general term referring to lakes, ponds, streams, creeks, stormwater basins, and harbors. ~.83-18. Prohibitions. A. Waterfowl and Gull Feeding: June 5, 2012 Southold Town Board Meeting Minutes Page 53 It shall be unlawful for any person to: 1. Feed or provide food for any waterfowl or gulls on publicly owned lands or waterways within the Town of Southold at any time of year. 2. Create any condition which results in a congregation of waterfowl or gulls on Town property which: (a) results in an accumulation of waterfowl or gull feces or droppings; (b) results in damage to flora, fauna or property; (c) results in a threat or nuisance to the public health, safety or welfare~ (d) results in a threat to the health, safety or welfare of said waterfowl or gulls. B. Domestic Pet Waste: It shall be unlawful for any person, owning, harboring, keeping, or in charge of any domestic pet in the Town of Southold to permit or allow such domestic pet to soil, defile, or defecate on any common thoroughfare, sidewalk, passageway roadway, highway, street, beach. park, preserve or any other public or Town-owned property; or any place where people congregate or walk; or on any private property without the permission of the owner of said property. It shall be a violation of this Section unless all feces are immediately removed by said person in a sanitary manner and then sealed and deposited in a garbage container. Any feces disposed of in street storm collection systems is prohibited. §83-19. Enforcement. The provisions of this Article shall be administered and enforced by the Zoning Inspector and/or Southold Town Police/Bay Constables who have the power to issue appearance tickets; provided, however, that for the first year after the effective date of this law, such personnel shall only issue warnings for violations of this law. §83-20. Penalties for offenses. Any person committing an offense against any provisions of this Article shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding $250.00. §83-21. Statutory Authori ,ty. In accordance with Section 10 of the Municipal Home Rule Law of the State of New York, the Town Board of the Town of Southold has the authority to enact local laws and amend local laws and for the purpose of promoting the health, sfifety or general welfare of the Town of Southold and for the protection and enhancement of its physical environment. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. June 5, 2012 Southold Town Board Meeting Minutes Page 54 w w I have a notice from the LWRP coordinator Mark Terry, '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 LWRP policy standards and therefore is consistent with the LWRP.' A letter from the Suffolk County Planning Department saying that this is a matter for local determination and that it was posted in the Suftblk Times on May 24, 2012 and it was posted on the Town Clerk's bulletin board on April 12, 2012. And that is all I have. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular local law? (No response) See, that's the one I thought you were all here for. No one wants to comment on the pooper scooper law. COUNCILMAN KRUPSKI: This is actually an important law, too, because it expands our existing pooper scooper law and because of the MS 4 program we are trying to open up more creeks to shellfishing and to keep existing creeks that are open, open to shellfishing. And this will go a long way towards the state recognizing our efforts to keep this type of animal waste out of the creeks. So it is actually an important law for water quality. SUPERVISOR RUSSELL: Let me just also quickly mention for those who are using the town's dog park, this law pertains to you. we are having a problem, you will probably read about it in the local papers in the next few days, if you are using the dog park, you must pick up after your dog. We simply don't have the resources to do it for you. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell PH 5/22/12 ~ 4:32 PM LL/Special Events History: 05/22/12 Town Board ADJOURNED RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Next: 06/05/12 Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell PH 6/5/12 ~ 7:34 PM LL/Village Lane Parking 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 8th day of May, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic~ in connection with Parking Restrictions and Traffic and Pedestrian Safety o. Village Lane and King Street in the hamlet of Orient" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, June 5, 2012 Southold Town Board Meeting Minutes Page 55 Southold, New York, on the 5th day of June, 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 260~ Vehicles and Traffic~ in connection with Parking Restrictions and Traffic and Pedestrian Safet~ on Villaoe Lane and KinK Street in the hamlet of Orient" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 260~ Vehicleg and Traffic~ in connection with Parking Restrictions and Traffic and Pedestrian Safe .W on Village Lane and KinK Street in the hamlet of Orient". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose. The purpose of this local law is to improve safety for pedestrians and vehicles, as well as dealing with impacts to the public's health, safety and welfare resulting from vehicle parking and standing on Village Lane and King Street in the hamlet of Orient. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: {}260-8. Parking prohibited at all times. The parking of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates "no parking": Name of Street Side Village Lane West Location At Orient, between a point 50 feet north of the northerly curbline of Orchard Street and a p~int 675 feet scu~her!y tkercof extending to the terminus of Village Lane at the intersection with King Street Name of Street Side Location King Street South At Orient, from the southeasterly comer of the intersection of King Street and Village Lane to the southwesterly comer of the intersection of King Street and Willow Terrace Lane III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. June 5, 2012 Southold Town Board Meeting Minutes Page 56 IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. It has been posted in the Suffolk Times on May 24, 2012 and posted on the Town Clerk's bulletin board on May 16, 2012. We have a letter from Andrew Freleng, Chief Planner for the County saying 'Pursuant to requirements of sections A 14-14 through A 14-25 of the Suffolk County Administrative Code, the above reference application which has been to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval.' This letter was dated August 1, 2011 'Dear Town Board members, The Board of fire commissioners of the Orient Fire District respectfully requests the Southold Town Board consider and act to prohibit parking in an area of Orient Village as follows: We request 'no parking' on the south side of Village Lane fi.om the Orient Yacht Club to King Street and continuing 100 feet on King Street to the area of Willow Terrace Lane. This request is due to the narrow road/populated area, for the safety of the residents, citizens and responding emergency personnel. Currently there is 'no parking' prohibited on Village Lane from Orchard Street to the yacht club on the west side. Our request would continue the parking regulation on that side of Village Lane to the area on King Street as mentioned. Your consideration and action on this matter of safety is appreciated. If any further information is needed, please contact a board member or the chief of the department. Respectfully submitted, Claude Kumjian District Administrator.' I have a letter fi.om Venetia Hands, of the Orient Association. 'Dear Scott, I received a note from John Henry pointing out that several of the houses on the lower part of Village Lane have very little parking room. A couple don't have drive or garage and certainly no room for a guest or visitor. I do think the fire department and town should consider how these residents are going to park and access their own homes if the ban is extended down the lane. Because they can't park on the other side of the street, can they? You can pretty much see how tight the situation is by looking at Google earth. I realize this comes after Ruth Ann, I and others said it seemed okay so long as only one side. But we weren't looking at this part of the puzzle. I won't be able to attend the hearing on June 5 but I'll see ifa couple of others fi.om Orient Association can. And maybe I can reach out to the fire department and ask them to take a close look beforehand. Venetia.' A letter from Clare Air, 'The proposal to modify the parking regulations on lower Village Lane and King Street in Orient is unnecessary as vehicles, including emergency ones, have sufficient room to transit with the current rules in effect. Further, there is no issue of pedestrian safety as pedestrians use the sidewalk and/or greenway and the flow of vehicles on the street is light and slow moving so they have ample opportunity to cross the street safely. The proposed modification would be a severe hardship on property owners in the area who don't have on-site parking and therefore, park on the street. We are in that category as the owners of a 4 unit vacation accommodation that we have operated for 19 years and which has been in existence for upward of 80 years as an original part of the bay house complex. There are approximately 20-25 times throughout the entire year when there is dense parking on the effected areas of Village Lane and King Street and they are of short 2-4 hours duration. These occur when there is an event at the yacht club, historical society, Poquatuck hall or Poquatuck park. During these times, informal verge parking is the norm southward from beyond the bay house driveway on the east side of the street and southward from June 5, 2012 Southold Town Board Meeting Minutes Page 57 beyond bayside cottage on the west side of the street, where the curbs end, thereby leaving room for adequate traffic flow. Because there would be a serious hardship imposed on the residents of lower Village Lane and King Street with this change, the necessity of the proposal should be more closely studied and alternatives aired before a decision is made. Fixing one problem by creating another is not a solution. Thank you.' And we can go to the discussion. SUPERVISOR RUSSELL: Who would like to go first on addressing the Town Board on this particular local law? GLYNNIS BERRY: Glynnis Berry, Peconic green growth. Actually parking on streets is actually a traffic calming device. And it actually slows traffic so it is safer for pedestrians. It also blocks cars from hitting pedestrians, so you know, parked cars can actually help safety and maybe just if there is a problem with the turning radius, just limit a certain distance so that radius can be accommodated by any emergency vehicle. JOHN HENRY: Good evening. I am John Henry and I am the owner of two properties on the south side of Village Lane in Orient. One of them at 2360 and the other at 2440. and I just want to amplify a bit on what you have already heard but I strongly urge you to reconsider the proposed rule eliminating parking on the south side of Village Lane and the portion extending from Orient wharf to King Street where my two properties are. I just want to point out that prohibiting parking on the west side of Village Lane as is now the case, makes sense. Every house on the west side in that stretch of upper Village Lane extending from the wharf to Orchard Street, has a driveway. On the other hand, in lower Village Lane, no fewer than 5 houses in a row have no driveways, so that the residents have no place to park except on the street. But on the other side of Village Lane in that same portion, every house has a driveway and it does seem, I, it hasn't been explained to my satisfaction that there really is a problem of fire trucks getting through when cars are parked on both sides. Indeed, every Memorial Day celebration, the trucks manage to get through. It seems to be in a way, a solution in search of a problem but nonetheless, if one side of the street has to be banned from parking, it should be on the north side and not on the south side. Thank you. COUNCILMAN KRUPSKI: Excuse me, could you tell me why there are a lot of residents that don't have driveways? MR. HENRY: I think the houses are so close together, there simply isn't space. Some of them are just small beach cottages and I think one of the owners can address that. COUNCILMAN KRUPSKI: Maybe someone can, you have to take the mic though. Thank you. ERICA KLEINE: My name is Erica Kleine and I own one of those properties, it is 2300 Village Lane. And I have no garage, I have no driveway. It is a summer cottage, I have lived there for 12 years. I have never seen, with an exception of a couple of hours on Thursday evenings when there are events at the yacht club, maybe 2 hours over a stretch of maybe 8 weeks, there is, you wouldn't even say congestion but there are you know, there are quite a few cars parked. Even Memorial Day weekend, there are almost no cars around and as John pointed out, we have June 5, 2012 Southold Town Board Meeting Minutes Page 58 photos of cars parked on both sides of the road and the fire trucks passed with no problem during Mcmaorial Day parade. So if they can do it then, I am not really sure why we need any change. I have no place to park, I mean, I have to park on the street and I would prefer to park in front of my house than have to drive around looking for parking. COUNCILMAN KRUPSKI: Thank you. RICHARD GILLOOLY: Hi, my name is Richard Gillooly. I have two cottages at 222 Old Village Lane and just to reiterate what my neighbors and friends have said, this is a solution in search of a problem, we have lived in peace, I have been there for over 40 years and I don't understand why all of a sudden I am going to be impacted by this regulation that basically makes no parking in front of two of my cottages. I could go on but you get the drift. DON ROSE: I am Don Rose, my cottage is at 145 King Street. There are four houses on, at the comer from Village Lane and King Street to Willow Terrace and I have not mn into any condition where there has been congested parking along that portion of King Street. My cottage is being renovated and at times there have been 10 tracks, I am happy to say, 10 trucks working at the same time at my cottage. But that is going to end the end of June, so I don't understand why there should be no parking on the street in that small area of town. COUNCILMAN TALBOT: Sir, your house is on the north side of that? Or, would it be the north or west side of King Street? As you make the left on King, you are on the left hand side? MR. ROSE: That is correct. Make a left on King, I am on the left side. COUNCILMAN TALBOT: You have room for parking on your property though, right? MR. ROSE: Yeah, I have a driveway. COUNCILMAN TALBOT: So it wouldn't essentially affect you? MR. ROSE: It would affect guests coming for dinner. SUPERVISOR RUSSELL: Who else would like to address the Town Board? MARGARET MINICHINI: Good evening, I am Margaret Minichini, we also have a cottage in the area, at the comer where the yacht club is. I think that one of the things to take into consideration that has been mentioned is that there are businesses in terms of the rental cottages there that are, that have been there for all of these years that don't have any proper parking for the guests in those cottages to be there, so that you are really sort of impacting the business of rentals that goes on in that area because about half of those cottages that are along there are actual rental properties. So I think it has an impact on not just on residents living in the area but it has an impact on the owners for the businesses in terms of the rentals that they do there as well. June 5, 2012 Page 59 Southold Town Board Meeting Minutes ANDY RUROEDE: Andy Ruroede, I am chairman of the Board of Fire Commissioners of the Orient fire department. The road is narrow, yes, sometimes you can get through. All you need is one car to stop, the road is done. We can't get through. UNIDENTIFIED: Inaudible. MR. RUROEDE: Because some people do that. If we are coming with a fire track in one direction and somebody is coming in the other direction .... SUPERVISOR RUSSELL: Can I just, for the interest of, you are free to speak as many times as you like but we will let everybody speak and then everybody else can speak. MR. RUROEDE: I don't want to see anybody get hurt by this. I wish there was, if there is some other solution, I would love to see it. I just, like I said, you could have one car coming in the other direction and then the fire track, cars on both sides of the road, it is not going to work. SUPERVISOR RUSSELL: Andy, can I ask, the speaker before you suggested it was almost a segmented no parking. The no parking is on the west side as you come down, to shift that over to the east side, would that be a solution? MR. RUROEDE: Just as long as we get parking on one side, I think it would solve the problem. I am not worried too much about which side but it is just should be the point that you have got the car on each side of the road and one car is coming down the road, we are just not going to get through. SUPERVISOR RUSSELL: Okay. MR. RUROEDE: That's what our point is. SUPERVISOR RUSSELL: Thank you. TIM FROST: My name is Tim Frost, my wife spoke before. We have two properties on Village Lane, one at 2163 and one at 2198. in terms of the alternatives that had been considered, if there were to be any change, it would appear to me, it would seem to me that the decision should be considered of moving the no parking to the, what would be the east side of Village Lane. And the primary reason for that is if you are driving around that comer and you are looking forward for oncoming traffic, you are going to be looking on the inside of the arc of the radius to the turn. So that you would be, if there were no parking there, as you made the turn, you would be able to see whether cars were coming in that direction. I think it is just a consideration you should make. If there is going to be a change, that it does make sense that the parking, that the no parking requirement move to the other side of the street. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? Linton? June 5, 2012 Page 60 Southold Town Board Meeting Minutes LINTON DUELL: I am a member of the Orient fire district, I am a commissioner and what Mr. Frost just said actually does have some merit. His property is the one that can be the most impacted by the change in parking because he has a curve in front of his rental properties, it would be very difficult to get over that or to make any changes. The next couple of properties are owned by Dick Gillooly and they do park off the road, on the grass in front of a picket fence. So that could be or could not be something, the problem, to continue further on the road, you get to John Henry's two properties or excuse me, Erica Kleine. She has room for about one or two cars off the street right in fi'ont of her property but it is difficult. Then you get a little bit further and you have John Henry's property. He has a garage plus two spaces in front of the garage for parking on that side and then he has property to the side, further along the road which is vacant but which is decorated and landscaped. So there would be parking there. As to which side you want to have it, that is really immaterial, except for the people who are on the other side that all ora sudden going to have parking on their property versus the folks on the other side. Of course, Dick Gillooly has property on both sides and takes up parking on Fletcher or what the other name of that street is. So, there is ample parking in certain areas for some of these homeowners and others, it is a hardship. So how you decide whether which side or the other, Mr. Frost's idea about limiting parking on the east side of the turn, that would Work if it was from the bay house continuing to King Street. Our whole purpose here is to make sure we have access, a parade on Memorial Day is one thing, when you are driving a vehicle at about 1 or 2 miles an hour. It is another thing when you are racing on an emergency call or a fire call, which would be even more difficult because of the size of our trucks. So those are the things that have to be taken into consideration. How you want to do it is probably up to you and maybe a planner that has a better idea of how to facilitate this but it is a concern of ours and we would like to see parking on one side or the other, especially from the bay house going south on King Street and to the (inaudible) area on King Street. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Board on this particular issue? ELLEN MCNEILLY: Hi, my name is Ellen McNeilly and i live in Orient and I wanted to speak in support of some of my neighbors although I don't have property on that particular stretch of land. Sorry? TOWN CLERK NEVILLE: Can you pull the mic down? They can't hear you. MS. MCNEILLY: I said I wanted to speak in support of some of my neighbors who have expressed concern about the parking regulation. In support of Tim's suggestion about the arc on the right hand side of it. it's been, I got some information the other day that there are basically 80 emergency calls per year a year to the fire department, 80 % of which are emergency services that require the ambulance and not the trucks. Therefore, there are roughly 10 tim calls per year in the entire town of Orient. So the comment was made that it was kind of a solution in search of a problem, this may have some beating on this issue relative to what's happened, what is in fact the pattern of calls in the area. So I think that really should be looked at more in terms of what actually has happened, does happen and whether or not the fire department can in fact stop traffic when it is answering a call or if there is, because that very often happens in Greenport, I have seen whenever there is a call or in East Marion whenever there is a call, boom, traffic is stopped, June 5, 2012 Page 61 Southold Town Board Meeting Minutes cars are moved out of the way, people can't get through. Same thing happened with that fire on Willow Terrace. Traffic was stopped in the areas that were leading up to it for all the trucks that were coming from the different towns. So I think that this is a bit of an overkill situation, in my opinion. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular issue? UNIDENTIFIED: What is the procedure? How does this get resolved? SUPERVISOR RUSSELL: Well, that is something that the Town Board will put on the table fight now. We are six individual mmnbers here, I will go first, since I am talking. I have to be honest, I have no reason to doubt the fire department and the commissioners when they say that there is a problem that needs to be resolved. I am intent on helping them resolve it. at the same time, I have heard some good suggestions tonight. Mr. Henry had actually emailed me a good suggestion just the other day. what I would like to see, my personal goal, would be to table this and sit down with the community, sit down with the fire district officials and see if we can come up with some reasonable compromise that addresses both concerns. That is my personal view. COUNCILMAN KRUPSKI: After, I looked at it on Saturday because, you know, you drive down there and you don't even notice the names of the, (inaudible) Street, so I had to go and look at it. Took the map and to see where the problem or where I thought there was a problem and I agree with the Supervisor, I was waiting for the public hearing to get input, to get more information and I certainly would like to take another look at it, after what I have heard tonight. UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: She won't be able to hear when we transcribe the minutes. We need you to use the microphone so the people who transcribe the minutes can .... UNIDENTIFIED: I just wondered if there is any precedent for giving stickers so the residents could at least park in front of their homes, the people that don't have driveways? SUPERVISOR RUSSELL: Usually in other cases, when we try to solve parking problems, it is generally the abuse of the beaches. People are going to beaches and they don't have the stickers, so they park in front of, so we extend those parking by sticker only out, the problem is here is it is the presence of the vehicle, whether there is a sticker on it or not that is presenting the problem, that is presenting the challenge. But again, I have heard some good suggestions, I think these are suggestions that can be resolved with a little bit of dialogue. And also with Linton's excruciating detail of that Village Lane, I want to hire him per diem in the Assessor's office. JUSTICE EVANS: I think we should defeat it and come back with a new law. I do support the fire department, particularly on that curve, I have driven down there many times and to have parking on both sides of the street there could be really dicey with a big truck coming along and June 5, 2012 Southold Town Board Meeting Minutes Page 62 there may only be 80 incidents a year but all it takes is one where a fire truck or the ambulance cant get there. So I think some kind of compromise may have to be made and maybe the residents and the fire department can get together and figure out exactly where the no parking should be, that gives people access to parking that don't have driveways but also gives the fire department the room to maneuver down there. SUPERVISOR RUSSELL: Would we need to defeat this? I mean, that would be a substantial change. COUNCILMAN TALBOT: Bring it back to the Transportation Commission, have them look at it a little more intently? SUPERVISOR RUSSELL: Okay, the rest of the Board? COUNCILWOMAN DOHERTY: .I agree with Louisa, I think it is going to have to change so much that we might as well defeat it and I think it is important that the people that live on the street help develop the plan. SUPERVISOR RUSSELL: Okay. Can I invite some of the members of the fire department to sit down with mc~nbers of the Transportation Commission and go over an alternative plan that would satisfy all parties? M~mbers in the community, yes. COUNCILMAN TALBOT: The Transportation Commission meeting, the next one coming up it's on Monday at 10:00 AM. Here, down in the conference room. SUPERVISOR RUSSELL: We will try to set up a separate meeting in the evening, so that people can make it. I am sure there are a few members there that would be willing to, you know, we don't need to have the whole commission, just a few reps from that commission along with reps from the fire department and the community to work out some reasonable solution. So we will set that up as an evening meeting, if that would work better for everybody. Okay? Would anybody else like to comment? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Kmpski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell PH 6/5/12 ~ 7:36 PM LL/275 Amendments 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 8th day of May, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline" now, therefore, be it NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 5th day of June, 2012 at 7:36 p.m. at which time all interested persons will be given an opportunity to be heard. June 5, 2012 Southold Town Board Meeting Minutes Page 63 The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275~ Wetland~ and Shoreline". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. In order to continue to protect the natural state of the shorelines and wetlands within the Town of Southold, while balancing the rights of property owners, it is the purpose of these amendments to simplify the permit process, codify and clarify existing policies and conform certain regulations to environmentally accepted practice. II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: § 275-2. Definitions; word usage. ....................... ~ ~, ..... k:rein. Unless otherwise expressly stated, the following term~ shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition). ................ : .......... , ............. m. living aquatic organisms. .... ~> ........~, ~ ........................... j. Body of water within the boundaries of the Town of Southold excluding the Long Island Sound and those defined under Creeks. BEACH -- The zone of unconsolidated earth that extends landward from the mean low water line to the seaward toe ora dune or bluff, or whichever is most seaward. Where no dune or bluff exists landward ora beach, the landward limit of a beach is 100 feet landward from the place where there is a marked change in material or physiographic form or from the line of permanent vegetation, whichever is most seaward. Shorelands subject to seasonal or frequent overwash or inundation are considered to be beaches. June 5, 2012 Southold Town Board Meeting Minutes Page 64 BOAT/VESSEL -- Any floating object capable of carrying people as a means of transportation in water, including an airplane capable of landing on water as well as any floating structure not otherwise considered to be part of a dock structure as defined herein, with or without means of propulsion, that can be moored independently or can be secured by any means to a piling, dock, bulkhead, groin, or other fixed device located above or below mean high water. This definition excludes floating docks and swim platforms. CRITICAL ENVIRONMENTAL AREAS -- All sites previously nominated by the Town of Southold and/or Suffolk County and designated by the New York Department of State as Critical Environmental Areas worthy of protection including but not limited to: Cutchogue Harbor Wetlands, Hallock's Bay, Dam Pond, Downs Creek, Orient Creek, West Creek, Richmond Creek and Beach, Brush's Creek, Cedar Beach Creek, Corey Creek, Deep Hole Creek, Goldsmiths Inlet, Halls Creek, Goose Creek, Little Creek, Mill Creek and Pipes Cove Creek. FLOAT -- See Boat/Vessel FUNCTIONAL -- Any structure that has essentially retained its purpose and use w/Lin tko 24 .......... v ........ ~ .... ^ .... * ........*""' .... ' d by th ..~- ....................... ::suu, as determine e Board of Trustees. GROIN -- A man-made barrier typically perpendicular to the shoreline used to change the natural littoral drift, prevent erosion, maintain/n!c.t ~-' ...... .......... , or protect an area from wave energy. ~ JETTY A man made bamer v-.v ............ ....... lBO used a'"" i i beah le ti p osi d i i i 1 ..... , ma nta n c e va on, revent er on, an ma nta n n et entr~ces., LOW-PROFILE JETTIES -- The definition of a low-profile jetty is site specific, but typically is a structure no higher than 18 inches tc ?, inche: above existing soil or sediment grade on the down-drift side and shall not extend seaward of apparent low water. MATERIAL -- Soil, sand, stone, gravel, clay, bog, peat, mud, wood or any other material, including liquids, organic or inorganic. MEAN HIGH WATER (MHW) -- The average of all the high water heights observed over the most previous~k~ eighteen and a half year period. MEAN LOW WATER (MLW) -- The average of all the low water heights observed over the most previous~ eighteen and half year period. June 5, 2012 Southold Town Board Meeting Minutes Page 65 MOORING -- Anchoring for greater than Z~4 48 hours other than in designated anchorage areas as established by a governmental agency. NONDISTURBANCE BUFFER -- A vegetated area, a m/n/ma:., cf29 feet wide or as designated by the Board of Trustees, immediately landward of the wetland boundary, shoreline structure, or other line designated by the Trustees where no operations, maintenance, placement of signs or other activities may take place, except that man-made debris may be removed from such area by hand without the permission of the Board of Trustees. NONTURF BUFFER -- A designated area where turf grass, pesticides and fertilizers are not permitted. Any pervious material allowing for percolation of surface runoff into the soil is allowed. Examples include: nature! native vegetation, wood chips, mulch, gravel, and sand. Decks may be allowed if they are level or pitched away from the water, are pervious to precipitation and are constructed of materials other than treated lumber. Any and all runoff generated by such structures must be allowed to percolate into the ground directly below the OPERATIONS (1) The removal of material from wetlands or any other:dsc activity within Trustee jurisdiction. (2) The d~cs!t er d~scharge zfmater~al The placement, repair or removal of structures, including, but not limited to, boats, floating docks, floats, dock components, duck blinds on wetlands or otherwise within Trustee jurisdiction. (3) The deposit or discharge of material on any area that results in the transport of said materials into wetlands or otherwise within Trustee jurisdiction. (4) The erection, construction, alteration, repair or enlargement of any building, dock, pier, wharf, bulkhead, jetty, groin, or any system or other structure, temporary or permanent, on wetlands, or otherwise within Trustee jurisdiction. (5) Removing or otherwise affecting the growth of plants in wetlands or otherwise within Trustee jurisdiction. ORDINARY AND USUAL MAINTENANCE -- Actions on a permitted, functional structure which do not involve more than 75% of the entire structure which are required to preserve in a condition or state of equivalent quality to that which was approved or required by permit. PIER -- A fixed structure to secure vessels, unloading or loading persons or property or providing access to the water. ~ SEASONAL STRUCTURES--- Structures that may not be installed prior to April 1 of each calendar year and must be removed by December I of each calendar year. June 5, 2012 Southold Town Board Meeting Minutes Page 66 SILT BOOM -- A structure deployed within the water column that is designed to prevent passage of suspended sediments and contaminants from spreading from the immediate project area to surrounding waters .... v~--/ .......... , ........... ~^~-~ ~*~ .......... ,~ ,~- .... ;~, .... SOUND -- Includes the following: Long Island Sound, Fishers Island Sound and Block Island Sound. TOWN WATERS -- All the waters within the boundaries of the Town of Southold WETLANDS (TIDAL) (2) All banks, bogs, meadows, flats, an~ tidal marsh and beaches subject to such tides and upon which grows or may grow some or any of the following: smooth cordgrass (Spartina altemiflora), salt hay grass (Spartina patens), black grass (Juncus gerardii), saltworts (Salicornia spp.), sea lavender (Limoneum spp.), marsh elder (Iva frutescens), groundsel (Baccharis halimfolia), marshmallow (Hibiscus spp.). WHARF $c,c "Fief." § 275-3. Findings; purpose; jurisdiction; setbacks. of Southold. (1) Jurisdiction: The following areas are subject to protection under Chapter 275 of the Code (2) (3) (4) (6) Any freshwater wetland, tidal wetland, beach, bluff, dune, flat, marsh, swamp, wet meadow, bog, or vernal pool; Any creek, estuary, stream, pond, canal, or lake; Land under water; Land subject to tidal action; Land within 100 feet of the areas listed above; All Town waters. Setbacks. (1) The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (b) Bluff!inc. Top of bluff. [4] Swimming pool and related structures: 100 5__.Q0 feet. § 275-4. Exceptions. The provisions of this chapter shall not require a permit for the following: (3) The ordinary and usual operations relative to a bona fide.preexisting commercial agriculture and or kcXicu!V,:'rc horticultural operation landward of the wetland boundary. June 5, 2012 Page 67 Southold Town Board Meeting Minutes (5) The ordinary and usual maintenance or repair on a permitted structure (of the same dimensions) of a functional building, dock, pier, wharf, jetty, groin, dike, dam or other water-control device or structure, for which stn:ct~e a wetland per:r_it kaz bezn is~ucd hy the Town. (9) The demolition, removal, repair and/or upgrading of existing residential fuel tanks, fuel lines, fuel dispensers, installation or burial of a residential propane tank, including necessary site work, and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. within (10) Installation of new or replacement windows, roof shingles, solar panels, siding, doors, and second story additions only if additions are within the existing footprint and are made to an upland, permitted structure. ~ff~r~e, gzmdi~h~ (11) The relocation of an existing septic system from within Trustee iurisdiction to outside Trustee jurisdiction. (12) Flagpoles specifically used for that purpose, with a base not greater than 4 feet by 4 feet. (13) Operations landward of a public road whereby the public road is located between the waterbody that is the source of Trustee jurisdiction and the operations. (11 )(14) Notwithstanding the above listed exceptions, operations within a designated nondisturbance buffer are prohibited. § 275-5 Permit procedures. Administrative permit. (1) The administrative permit review process is intended to provide for expedited review for projects that are deemed consistent with the Board's policy regarding protection of wetland resources. If the proposed operations meet with all the current setback requirements as defined by §275-3 and do not pose a threat to the overall function and condition of wetlands or adjacent buffer areas, applicants may request an administrative permit review. This review does not relieve the applicant of providing all the application requirements (§275-6) or obtaining permits from other jurisdictions, including, but not limited to, New York State Department of Environmental Conservation and United States Army Corp of Engineers. Under the administrative review process, each application will be reviewed by at least one member of the Board and approved by the maiority. See §275-8H for details of approval. (2) The following operations will be considered for administrative review, in accordance with the standards set forth in §275-11: (d) Remodeling ff renovation ~ of a permitted structure, provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. June 5, 2012 Page 68 Southold Town Board Meeting Minutes (3) (~(m) (o) J J , Construction or installation of drainage structures for the retention of runoff, provided that such structures incorporate the maximum feasible setback from wetlands and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. The construction of a permitted bulkhead as per §275-11, which is to replace an existing functional bulkhead, subject to the following: Minor changes to existing, valid Trustee permits. The Trustees reserve the right to determine whether the changes qualify for administrative review. Minor restoration or alterations of landscaping. Decks. Minor alterations to existing permitted shoreline structures including stairs, bulkheads and docks. · . Dredging work necessitated by the accumulation of silt from runoff or other circumstances not the result of activity by or on behalf of the owner of the property. An application for proposed aquaculture activity that includes surface mounting gear in an area greater than five square yards. Deer fences if located a minimum of 25 feet landward of the wetland boundary line or bulkhead line, whichever designated line is most landward. Under no circumstances are deer fences permitted in a non- disturbance area. Any such ' · · ~.nn act~wt~es ...... ma,/require the addition ora nonturf buffer area net tc ' as defined in §275-2. § 275-6. Application. Contents of application. A permit may be issued upon the written, verified application of the person proposing to perform operations on wetlands. Three copies of the complete application, including all written descriptions, pictures and surveys, shall be submitted to the C-ter& Office of the Trustees. Such application shall contain the following information: (2) At the discretion of the Trustees, a schedule for the proposed activities with a completion date. June 5, 2012 Page 69 Southold Town Board Meeting Minutes (8) (14) Such application shall be accompanied by a survey and topographical map, created no more than ~ five years prior to the date of application, with contours at two-foot intervals, showing all wetlands within a two-hundred-foot radius of the area from which the removal or in which the deposit of materials is proposed, or in which structures are to be erected, certified by a registered land surveyor or registered professional engineer, licensed by the State of New York. Such survey and topographical map shall show the soundings of the area in which operations are proposed to be conducted. The horizontal control of said survey shall be based on an approved local coordinate system. The vertical control for elevations shall be based on the United States Coast and Geodetic Survey datum. Drainage upgrade. At the discretion of the Board, nonadministrative applications may require submittal of a drainage upgrade plan. This plan must indicate how all existing and proposed on-site drainage from a two-inch rainfall is retained within the subject parcel landward of the wetland boundary. Retention can include but is not limited to infiltration or impoundment. All drainage plans shall show the calculations used to develop the plan. At the discretion of the Board said plans may require certification from a licensed engineer. Applicants may have additional requirements to meet compliance with Chapter 236. § 275-7. Fees. Every non-administrative application for a Trustees wetlands permit filed with the~-l~d~ Office of the Trustees shall be accompanied by a filing fee of $250 which includes the first site visit, no portion of which shall be refundable. The fee for an administrative permit shall be $50. $100. For .......... activities that have been prewously built without a permit, the fee will be doubled. Ifa preapplication site visit is requested, the fee shall be $50, which may be applied to an application fee for a wetlands permit made within six months of the site visit and which application involves activities that were the subject of the site visit. Dock and float fee. Every application for a new dock or float shall include a fee-equal-to ~ w- o.~ .............................................. to be se e Town Board. Commercial docks are any structures that are rented, leased or otherwise used to generate income, including, but not limited to, those structures located on properties zoned M1 and M2. § 275-8. Processing of application. Presubmission conference. Applicants are encouraged to schedule a voluntary presuhmission site visit to discuss the proposed operations with the Board. Discussions in the field are purely advisory and nonbinding, but this meeting is intended to facilitate communication between the applicant and the Board. There will be a fee of $50 for this conference which may be applied to an application fee for a wetlands permit made within six months of the site visit and which application involves structures that were the subiect of the site visit. June 5, 2012 Southold Town Board Meeting Minutes Page 70 Investigation and coordination. Upon receipt of the application, the Cqefle-Office of the Trustees shall maintain the original in the file and forward one copy thereof to each of the following as necessary: the Conservation Advisory Council, LWRP Coordinator, Stormwater Management Officer, ~, cne e:~y tc the Planning Department and mae-eopsqo the Zoning Board ~'~ ........ · ~,^v*~'~,.~,~ ~v_.**~.~ ~ ~.o~,,o. The Conservation Advisory Council shall review said application and the effect, if any, on the wetlands and tidal waters of the Town that may result from the proposed operations and shall, within 20 days of receipt of the same, forward its written report of findings and recommendations with respect to such application to the Trustees. If the Conservation Advisory Council shall recommend that such application be disapproved, the reasons for such disapproval shall be set forth in such report. If no esp i i d ithi 20 day *~' .... ~-*~^- r onse sreceve w n s, ..... ~.~. .................. ~ .~..: .... c, ..... :~ .... : .... the review by the Conservation Advisory Council shall be dec. ned waived. § 275-10. Contents of permit. t~.C.__:. The conditions imposed by the Trustees on the issuance of the permit. ~..D~ The specific location of the areas to be affected by the operations of the permittee. hE_. A statement that "The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The Town accepts no responsibility in applying for or obtaining such approval. In the event that such approval is necessary, the holder of this permit shall not commence operations hereunder until such approval has been obtained in writing. The failure to obtain such other approval when required shall subject this permit to immediate revocation by the Clerk upon receipt by the Clerk of written notice from such other governmental or municipal authorities of its refusal or disapproval." Acceptance of the permit is acceptance of this condition. G:.F_. A statement that "The permittee does, by the acceptance of this permit, assume all responsibility for operations undertaken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the permittee also agrees to indemnify and save harmless the Town and its officers, agents and employees fi'om any and all claims arising from operations under this permit and any and all acts or omissions of the applicant, his agents and employees." Acceptance of the permit is acceptance of this condition. rS.G_:. A statement that "The permittee and the owner and occupants of the premises upon which the operations authorized by this permit are being conducted do, by the acceptance of this permit, give consent to the Town and its officers, employees and agents to enter upon the premises where such operations are being conducted to make such inspections to determine whether said operations are being conducted in conformity with the permit and, if necessary, to conduct said operations according to the performance guarantee (§275-9E). A statement that "The permittee is required to notify the Trustees in writing one week prior to initiation of any and all operations." June 5, 2012 Southold Town Board Meeting Minutes Page 71 4:.I_. A statement that "The permittee is required to notify the Trustees in writing upon completion of operations such that the site can be inspected for issuance ora certificate of compliance (§ 275-13)." K~.J_. A statement that "The permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within 90 calendar days of issuance of this permit." L-:.K~.A statement that "The permittee is required to conspicuously post the permit and have the supporting Trustees' stamped plans available for immediate inspection at the work site at the commencement of work until which time the project is completed. § 275-11. Construction and operation standards. General. The following standards are required for all operations within the jurisdiction of the Trustees: (1) Drainage upgrade. Applicants for a permit for any form of construction may be required to upgrade the site's drainage system such that all surface water generated from impervious surfaces shall be kept onsite through infiltration or retention. Applicants proposing grading or filling operations will be required to submit a drainage plan for the entire site at the discretion of the Trustees and must, in any event, comply with the requirements of Chapter 236. See also §275- 6A(14) for requirements. (3) New and remodeled homes. New and remodeled homes cannot be situated or modified such that they project closer to the wetland boundary than the mean seaward projection of homes in the general vicinity and homes on either side of the subject lot. (4) Fences. (a) Trustees reserve the right to permit erection of a split-rail fence where the applicant has shown that there is a need to protect his/her private property. ,,vethae.4s. (b) Temporary or seasonal snow fences may be permitted upon a showing of need for erosion control at the Trustee's discretion. (c) Fences on a beach shall be perpendicular to the waterline and not closer than -14) 2._Q0 feet to MHW the apparent high water mark. (_d) Only one posted sign per 100 linear feet of fence is allowed on a split-rail fence. Posted signs shall be no larger than 12 inches by 12 inches square. Any fence, barricade or impediment to pedestrian traffic on the beach or wetland area in violation of the provisions of this chapter shall be removed upon written notice to the owner of the premises upon which such fence, barricade or impediment is located sent by certified or registered mail. Such fence, barricade or impediment shall be removed by the owner within 30 days of the date of the notice. Upon failure to comply with such notice, the Building Inspector, the Office of Code Enforcement, Ccdc June 5, 2012 Southold Town Board Meeting Minutes. Page 72 ~ or Bay Constable may remove or cause the removal of the illegal structure. (e) If any fence, barricade or impediment is determined by the Building Inspector, the Office of Code Enforcement,Cede ~ or Bay Constable to create a hazard to the health, safety or welfare of the public, such structure may be removed and disposed of by the Town without prior notice to the owner. Upon removal by the Town, all costs and expenses incurred by the Town for the removal of such fence, barricade or impediment shall be the responsibility of the owner. The Town may pursue any and all remedies available at law to recover any unpaid costs associated with removal, including filing a statement with the Town Assessors, identifying the property in connection with which such expenses were incurred and the owner thereof as shown on the latest assessment roll of the Town. The Assessors, in preparation of the next assessment roll, shall assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalty as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. (6) ~ Platforms x~ a~ .... Flatfz..'u..s ~,~n ~.~ -~:,+~a ........ u~,.cr~ (a) Platforms associated with stairs may not be larger than 32 square feet. (b) Platforms ma,/not exceed 200 square feet and must be landward of the top of bluff. Shoreline structures. (1) Bulkheads, retaining walls, revetments and gabions. (4)(c) All bulkhead construction and renovation work requires the establishment of a permanent nonturf buffer as defined by §275-2. (e)~) Retaining walls are not permitted unless excessive erosion can be demonstrated. O)(e) In order to prevent the release of metals and other contaminants into the · wetlands and waters of Southold, the use of lumber pre-treated with any preservative, including but not limited to chromated copper arsenate (also known as "CCA"), penta products, Alkaline Copper Quat (ACQ), or homemade wood preservatives is prohibited for use in sheathing and decking on structures in the wetlands as well as on any part of a structure in low tidal flow wetland areas as determined by the Trustees. Any use of creosote is prohibited. Preservatives of any type, including but not limited to those listed above, cannot be applied to any bulkheads, retaining walls or revetments after installation. Encapsulated pilings or native nonchemically treated (untreated) lumber only should be used in sensitive areas. (-gq(f) The use of tropical hardwoods is not permitted unless it is certified by the Forest Stewardship Council or similar organization. June 5, 2012 Southold Town Board Meeting Minutes Page 73 002l 0) In water. (1) (2) New bulkheads in creeks and bays are prohibited, unless the operation involves construction of a low-sill bulkhead or connects to adjoining functional bulkheads. Machine excavation is prohibited in tidal and freshwater wetland areas unless specifically authorized by permit. No discharge pipes are allowed out of or over bulkheads unless permitted by the Trustees. Individual residential stairs are prohibited on bluffs in the Coastal Erosion Hazard Area if the property is part of an association that maintains a common stairway within a reasonable distance. Lighting: Any and all lights associated with bulkheads, retaining walls, stairs or poles in Trustee jurisdiction must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the waterfront is in active use. Backfilling: Only clean sand can be used for backfilling in eroded and excavated areas as well as behind new and repaired bulkheads. Garbage, asphalt, and C&D materials are strictly forbidden for use as backfill behind bulkheads. Jetties and groins; general rules. (g) All applicants for jetties and groins extending across the foreshore shall be required to give and maintain a public passing way, on4he-uptm~ on the landward end of the jetty or groin as necessary, not less than five four feet in width, to enable persons to pass and repass over said structure by steps or a ramp allowing pedestrian passage. Docks. ........................ ~. ......................... , ....., v ........ other [7][6] Except for structures used for water-dependent uses, there shall be no permanent structure located on or above the docks, ramps and floats. [g][7] Any application for a dock to be constructed at the end ora right-of-way or commonly held land requires the written consent of all parties having an interest in the right-of-way, regardless of how property interests in the upland parcel may be divided among the owner(s), lessee(s), occupant(s), easement holder(s), or any other person(s) or entity(ies) with a legal or beneficial interest in any existing or proposed docking facility. All applicants for docks, including catwalks and ramps, extending across the foreshore shall be required to give and maintain a public passing way ~,,,* 1~ C~*: ....~,4~u to enable on the landward end of the dock,. ....... persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage. June 5, 2012 Southold Town Board Meeting Minutes Page 74 (b) [ ! 9][~1 Preexisting nonpermitted and/or nonconforming structures cannot be replaced in kind without full review and approval by the Trustees. [11][ 10]Personal watercraft or "jet ski" floats cannot be added to any float, stairway, or dock without a Trustee permit. Floats may not cumulatively exceed 120 square feet. [12][11]Lighting: Any and all lights associated with docks, floats or poles must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the dock is in active use. [13][12]Utilities and Water: If power and/or water are to be installed on a dock, plans for the installation must be provided to the Trustees at the time of application, installation of such amenities on an existing permitted dock requires obtaining a permit amendment from the Trustees. Dock locations arid lengths. [3][d] No floating docks, floats, dock components, ~uck ~l~na: or boats shall be stored on tidal wetlands, other intertidal areas or freshwater wetlands between April 1 and December 1 of each calendar 'fear. No duck blinds may be stored on tidal wetlands, other intertidal areas or freshwater wetlands at any time. § 275-14. Transferability. A valid Trustees' permit: .....a ......... · ...... v .......~crcto may be transferred to another applicant by approval of the Trustees upon a-determination of the Trustees that the structure in its current state conforms to the terms and conditions of the permit as issued ....... ~ ....... " · .,~,~.., ,~,~ -.~ .......... ~ ~ .... ; ..... r~.~ ~r~,~,~ The fee for transferring said permit shall be $50. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have a notice that it was posted in the Suffolk Times on May 24, 2012 and it was posted on the Town Clerk's bulletin board on May 16, 2012. I have a letter from the MS 4 Compliance Committee. 'The MS 4 Compliance Committee has reviewed the proposed amendments to Chapter 275 and recommends the following changes: Section 275-3 D 1 b, swimming pools and related structures: 50 feet should be conditioned upon an applicant showing a) stability of the bluff b) non-chlorinated pool treatment and c) pool drained to drywell. Othmwvise the setback to the bluff should be greater to mitigate impacts to surface waters. 2. Generally it should be noted that while section 275-4 lists exceptions for the requirement of a Trustees permit, chapter 236 June 5, 2012 Page 75 Southold Town Board Meeting Minutes review may be required. 3. Section 275-6 A 2 states that the Trustees, in their discretion, may require a schedule for the proposed activities with a completion date. This provision should be modified as follows: At the discretion of the Trustees, a schedule for the proposed activities with a completion date. For proposals that require approval under chapter 236, the schedule for the proposed activities must be approved by the Stormwater Management Officer, as well a the Trustees. 4 Section 275-6 A 8 should mad as follows: such application shall be accompanied by a survey and topographical map, created no more than five years prior to the date of application (unless an updated survey and topographical map is required to conduct a chapter 236 review) 5. Section 275-6 A 14 should read as follows: Drainage upgrade: AT the discretion of the Board, non-administrative applications may require submittal of a drainage upgrade plan. All drainage upgrades shall comply with chapter 236, if applicable. In instances where chapter 236 does apply, the Board of Trustees may require the submittal of a drainage upgrade plan that contains more stringent requirements than set forth in chapter 236. 6. Section 275-6 A 14 delete the final sentence, 'applicants may have additional requirements to meet compliance with chapter 236.' 7. Section 275-11 A 1 should read as follows: Drainage upgrade. Applicants for a permit for any form of construction may be required to upgrade the site's drainage system such that all surface generated from impervious surfaces shall be kept on site through infiltration or retention. All proposed drainage systems shall comply with chapter 236, if applicable. Applicants proposing grading or filling operations will be required to submit a drainage plan for the entire site at the discretion of the Trustees. The Trustees may require the drainage system that exceeds that which is required in chapter 236. 8. Section 275-11 A 3 the term 'general vicinity' is vague and should be eliminated or properly defined to give clarity. For example, does the general vicinity include properties across the wetland or waterbody? This is from Jamie Richter and/or John Sepenoski.' And then from the Planning Board chairman, Donald Wilcenski 'Thank you for the opportunity to provide comments on the proposed local law in relation to amendments to chapter 275, wetlands and shorelines' amendments to the town code referenced above. The Planning Board has reviewed the proposed amendments and supports the changes.' A letter from Andrew Fmleng, chief planner for Suffolk County, stating that this is a matter of local determination with no county wide or inter-community impact, a decision of local determination shall not be construed as either an approval or disapproval. And I think that is enough. SUPERVISOR RUSSELL: Alright. Who would like to be the first to address the Town Board? I am going to go with John Betsch first. Mr. Meinke, I will go to you next. JOHN BETSCH: Good evening, for the record, I am John Betsch and in the issue of transparency, I am chairman of Southold VOICE. I understand and appreciate the town code is a living document and changes are necessary but I do have a couple of concerns with these changes. Two in particular. The first one are open ended definitions, in several places particularly one, the first one was define functional (inaudible) and it says it is now based on the discretion of the Trustees. There are no parameters set there at all, it is carte blanche to the Trustees. Now it could be good, it could be bad. It could be based on the whim of the Board on a particular night or it could be differences of opinion on which Trustee is reviewing it. Same thing applies on non-disturbance buffer, the thread continues. Again, there is no definition or parameter stated, it just says as designated by the Board of Trustees. It could be, again, it could June 5, 2012 Page 76 Southold Town Board Meeting Minutes be a foot, one foot, two foot, ten foot, twenty foot. We need some type of parameter, some range (inaudible). The intention may be good but it is a little too open ended as far as I am concerned. Secondly, of late there has been much discussion regarding nitrogen loading, and there has been much emphasis on people who live in some non determined proximity to water bodies. My concern is that rules, laws and exceptions be fair and equitable to everybody and not single out a particular group. 275-4 (inaudible) talks about and states that the ordinary and usual operations relative to bona fide pre-existing commercial or horticultural operation landward or wetland boundary. I recognize the significance of agricultural lands, the towns farmland provide an important economic value to the town, the north fork, the county and the state and I know although the majority of agricultural area lies outside of coastal areas, there are farms that adjoin wetland boundaries. Built into the code are some exceptions of things that farms do not need permits for even though they fall into Trustees jurisdiction. The exception allows farms to do whatever they need to do up to the wetland boundary, this would include fertilizing. This is neither fair nor equitable. Homeowners are required to put in a 5 to 20 foot buffer on every application to prevent fertilizer runoff from getting into wetlands. But farmers, who are the largest users of fertilizers and pesticides are exempt. I understand the New York State Ag and Market laws but there is no reason why farms should also not have to have reasonable buffers and should be required to keep their runoff on their property. This is something that needs to be seriously considered as the town moves fom, ard and also tries to address compliance with MS 4 requirements. I believe that if this was discussed with the major farmers of the town, that they would support and agree with this. I am sensitive to the need to reduce nitrogen loading so I understand that non turf buffers are necessary in many areas in waterfront but I think fair and equitable and consistent application of rules are necessary and this is something that should be considered (inaudible). Two points. Thank you. SUPERVISOR RUSSELL: Thank you. HOWARD MEINKE: Hi, my name is Howard Meinke, I am from Peconic Bay Boulevard, Mattituck. I just want to comment that on the very first page of the Trustee document, there is a paragraph that summarizes the purpose of the Trustees. I want to comment on the paragraph. In the purpose it states to protect the natural state of the shoreline and wetlands and then a few sentences later, to conform certain regulations to environmentally accepted practice. This paragraph needs some more very important detail, current science has come to absolute agreement on some important facts. Degradation of the groundwater and surface water is a serious and worsening problem, nitrates are the largest polluter, septic waste contributes the lions share of nitrates. Sound front, bay front, creek front, marsh front pollution has the most immediate impact on our estuary. All current septic systems and most sewage treatment plants add to the polluting nitrate load. There are other pollutants but nitrates are far and away the biggest, with a known source and a known mitigation. We know how to drastically cut nitrate pollution, starting right now. Nitrate eliminating septic systems are a known and available technology approved by the Suffolk County Health Department. These facts must be part of the Trustees document. The Trustees are Southold's first line of defense and must conform to ever changing, scientifically proven environmental regulations. Thank you. SUPERVISOR RUSSELL: Thank you. June 5, 2012 Page 77 Southold Town Board Meeting Minutes KEVIN MCALLISTER: Thank you, Mr. Supervisor. My name is Kevin McAllister, I am your baykeeper and have been since 1998. I want to publicly thank the Board and particularly the Supervisor, you have been very gracious over the years to acquiesce my requests to come before the Board work sessions to bring issues forward and you have always returned my phone calls, so I am very grateful for that. my background is in marine sciences and coastal zone management, which is certainly pertinent to your consideration tonight. I wanted, as a preamble, drive home one fact and that is sea level rise. We are dealing with it, we can debate the causes you know, is it greenhouse gases, is it natural phenomenon but you know, these bays are expanding, I' see the evidence throughout the east end, throughout Long Island. And I think anybody that spends time in the bush will agree with this fact. So with that said, there are two factors to protecting the integrity of these systems, that is water quality and habitat health. So these transitional zones from transition from water to the uplands is so important that we maintain the integrity of these systems to ensure again, health and productivity of the systems. A couple of observations I made on the proposal, in particular I guess I was looking at the relaxed setbacks and I know as an example it was pools that were indicated. Another area within the document indicated actually placement of new structures relative to adjoining properties. We could have 1950's homes that were placed out there, small ranches, and instead of having the concept and I am going to speak in principles tonight, instead of having the concept that we need to actually retreat and start to ensure the integrity of these transitional zones, you are perpetuating rebuilding you know, to a given line. That will all lead again, we are now placing structure and in case of homes and you have heard Howard speak and you have heard me speak numerous times about certainly nutrient pollution from septic systems in proximity and to the gentleman that spoke earlier, this is absolutely an entire watershed issue, it is not waterfront properties. This line goes considerably further back relative to travel times and again water quality issues. But again, I think you are perpetuating or almost allowing the continued development within these zones when in fact with sea level rise, we should be reacting and more into a retreat mode. And really implementing practices or you know strategies that are going to, again, protect the integrity of the transition as I described. What I think this leads to and this is a big concern and quite frankly, I am going to be very candid with you, you have heard me speak over the 14 years, I have serious concerns about shoreline hardening, you know, bulkheads, revetments, geo tubes, rock debris revetments, the list goes on. Ultimately when we place these structures out there, there is going to be a propensity to try to protect these structures under wave attacks and erosional trends. And the next step is some form of shoreline hardening. Case in point, and this town quite frankly has its fair share of hardening structures. We can call it sill bulkheads, revetments, in some cases geo tubes, groins, jetties, the list goes on, you knowi these are problematic and ultimately at the, I guess the effort to protect that shoreline for the integrity of protecting structures, we are in turn losing shorelines for public access and the public use and the public trust doctrine. And that is so important in this town, the right of passage and re- passage. It is so important and again, I think we have to start instilling into our thinking that this,~ you know, have some vision to this that we are projecting out 50 years and not really making decisions in isolation relative to one application that becomes before, say the Board of Trustees. That in fact you are looking at shorelines in the larger sense extended reaches as to what needs to be done again, to protect the integrity of these shorelines for public use. Fences going to the line of shoreline access and I know it is ambiguous so there is nothing really necessarily to be teased June 5, 2012 Southold Town Board Meeting Minutes Page 78 out of this but I do hope that our Trustees will be diligent to ensure that these fences that are being proposed and being erected and I heard deer fences but then also split rail fences, are these going to be placed shore parallel where all of a sudden it is a visual that no, you cannot access the low tide line because there are bulkheads or for that matter, let's say a natural shoreline, again that is public access that needs to be protected. I think it is, again, so important that the concepts and the principles of coastal zone management be applied in this document. I would strongly recommend that you step back, take a hard look at it and really ensure that again, the goals that you are seeking here will be achievable and again, in the greater public interests. And I want to say and I will address the Board but speak to some of the folks, I don't pit waterfront property owners against anybody else. We are all neighbors, this is all a community. We are blessed with just incredible water resources before us but again, we have to be very thoughtful about coastal zone management and again, to Howards comments about waste water for instance. This extends far from the edge of the shoreline. This is literally the entirety of your town that you have to be thinking about. But again, relative to this document, I just ask that you take a very keen eye to the word smithing of it and ensure that again, this is crafted for entirety of public benefit and ultimately we are not inadvertently allowing unnecessary development asad I guess stabilization where we are all going to lose. So thank you for considering my comments. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Thank you. COUNCILMAN KRUPSKI: And just to answer, Kevin, really, we didn't just get this this morning at the work session, we have been working on this for over two years and there are things in here that I don't agree with, there are things in here that other Board members don't agree with, so this is a work in progress. I can't imagine we are going to vote on this tonight. I wanted to get some public input on this so we could see which way we are going. There is a lot of it that is good here, that simplifies the code, that makes it easier to do things that they shouldn't be regulated on doing. Putting solar panels on homes, things like that. on the other hand, there are some things in here that I think go too far but we will get into all of that. JOHN CLEARY: John Cleary, I live in Mattituck. And I agree with everything that has been said. In particular, I am concerned about the Mattituck jetty, it is just what you indicated before, that the Mattituck jetty is really doing a disservice to the people of Southold, in that it robs the whole eastem portion, east of the Mattituck jetty, of the natural flow of sand and fill. That is an unfortunate thing. But in regards to a conversation that I had before with Mr. Talbot at a town meeting, he wanted to know about what happens to that fill that the jetty forces back on the west side. Well, the United States Supreme Court in a case in California in 1982, said that that fill remains the property of the United States. The property of the United States and no local judge can take it away from the people of the United States. Now, in regard to the same-thing, I would like to get this in because it is all part and part of the concept that you are dealing with, we all have navigable waters, the United States, the Long Island Sound is navigable water. Mean high tide mark, there is no problem with that, it takes 19 years, that comes to 13,000 measurements. Two tides a day. in addition to the tide lines, some notation should be made at the height of the beach. The height of the beach is very important because it reflects on another Supreme Court June 5, 2012 Southold Town Board Meeting Minutes Page 79 decision in the surf rider foundation in Florida. It says any time the height of the beach is radically impacted, it is avulsion and cannot be owned by any individual. Cannot. It remains public property. Now, I did hand out some stuff that the Army Corps of Engineers called the mean high tide mark. The mean high tide mark is up to the grass. Barring anything else that said the mean high tide mark. There is a survey that was used in a court case, it is not a mean high tide mark, there is no mean high tide mark in Mattituck other than the original 1949 map. This map is only a map of a seaweed line of October 2006. Seaweed line. Some people have been quoting this as a high tide mark. The survey says absolutely not, he didn't do anything to survey or collect any data at all. I will discuss that (inaudible). Thank you. GLYNNIS BERRY: Glynnis Berry, Peconic Greengrowth. I would just like to ask the Board if they would consider tabling this until after you have looked at the issues comprehensively in your plan. Because I think you will find that you can map most of these conditions so it will be fair, you can understand them more fully. For instance, bulkheading should be zoned. You should know which areas you may want to allow it and which areas that you definitely don't want to allow it, so that you will know where you allow them to gradually disappear and where you do expect to rebuild them or even put them in. it needs a kind of holistic look with clear policy and clear goals that define all those actions that follow after it and you know, you are in the middle of developing these chapters, so why not wait and let that inform this in a holistic way. And also, for instance, the discussion on septic and nitrates is extremely important and it is actually the failure of septic that makes areas unlivable and where you have to abandon them. So it is actually one of the critical factors in deciding whether somebody can stay in their property or not. And so looking at those issues, there are many solutions and those need to be considered as well so people understand and work together on this issue. COUNCILMAN KRUPSKI: Thank you. PATRICIA MOORE: Good evening, Patficia Moore, in going through this legislation, I just have a few comments. In listening in on code committee, I think that the goal here as was discussed also in the presentation, was to try to simplify and clarify. But I am going to point out some things that I think create some problems and may not be doing what you are intending. To begin with, operations. Operations definition now has expanded to the point where it says any activity within Trustee jurisdiction. If you look at operations paragraph 1, essentially anything you do now within that 100 feet setback could be deemed to require a permit from the Trustees. I think we need to scope that down and understand what is truly something that needs a permit and what activity is permissible. In addition, when you are in, again in operations, there is specifically now repairing a structure or any system again is considered an operation. Ordinary and usual maintenance, again, another definition. It has been recognized throughout that that there are lots of structures in particular, initially docks because docks were what the Trustees were regulating for many, many years. It started with the Town Board, then the Trustees and so on. Those structures, there are permits of those Structures that go pretty far back, however, what I have been hearing now is that a dwelling, a house, that might have a CO that happens to be inside the jurisdiction of the Trustees, that 100 foot, somehow or another needs a permit, meanwhile it has a certificate of occupancy and it has been in existence there for the whole period of time. There seems to be a disconnect there on, on once we now require any activity to June 5, 2012 Southold Town Board Meeting Minutes Page 80 take place or repairs or whatever only on permitted structures and the definition of permitted now is what you guys have defined now as a permit from the Trustees rather than permitted like in the verb allowed, now requires that permit before you can do anything and I was, this also comes up and it is apparent in the exceptions. Again, the reason for the exceptions is to make it clear when it is you need a Trustees permit and when do you not need to go in for a Trustees permit. And what I thought through code committee paragraph 10 you dealt with installations of new or replaccnnent windows, roof shingles, solar panels, siding, doors and second story additions only if additions are within the existing footprints and are made to un upland, again, permitted structure. You are now required, any house built prior to I believe 2004 when this 275 definition of permitted came into existence, you have now made every house in Southold built prior to 2004 not be able to have any repairs to it even though that the intention here under exceptions was precisely that because you have added that word permitted. So I would ask you to please look at the code carefully, you, I think generically that permitted structure has been thrown in but it needs to be really thought through because there are structures that have been, docks that have been out in the water since the 1800's, early 1900's and the code now says you can't even fix it and that was never the intent but that is where it is going under this legislation. Again, throughout the code, that permitted word seems to wreck havoc and seems to undo what I believe was the intention. A question I had and I didn't understand why it was removed, cutting of common reed to 12 inches, paragraph... COUNCILMAN KRUPSKI: Administrative review? MS. MOORE: Yes, it is permit procedures, it is listed, 2 I, yes, it is out and I don't understand why. COUNCILMAN KRUPSKI: That was a request from the Trustees to take it out of the administrative permit. MS. MOORE: And where is it? COUNCILWOMAN DOHERTY: You don't need a permit, you should need to go to the DEC. MS. MOORE: Ah, well, good. Well, then it should be in the exempt because by taking it out of that, it leaves it unclear and nobody knows, does it need a permit or doesn't need a permit. If it is as clear as that, just put it on exempt. COUNCILWOMAN DOHERTY: Well, it is not always as clear as that because sometimes you have other protective species within the phragmites, so it is something the Trustees need to review but not necessarily give a permit for. MS. MOORE: So how does one, I guess that needs clarification because if I have a client that calls me and says do I need a permit to cut phragmites, I am going to say I know the DEC wants a permit because of that issue, they don't want to give people carte blanche, they figure you don't know what you are doing and therefore someone has to watch over you. The Trustees similarly may want to look at it but let's make it clear. Not having it here leaves it unclear. June 5, 2012 Southold Town Board Meeting Minutes Page 81 COUNCILMAN KRUPSKI: That's one of the things I wanted to leave in because cutting of phragmites, is rarely its just a monoculture of phragmites that you could cut through a foot down, you really should have Trustees come out, administrative permit that it is under now is a $50 permit, only one Trustee has to look at it. MS. MOORE: No, it is not a big deal. COUNCILMAN KRUPSKI: Then you could receive the proper guidance. MS. MOORE: Right. I don't disagree with you on that one. COUNCILMAN KRUPSKI: They can say you don't need a permit, go right ahead or you do need a permit and you can do this and this or you also have to go to the DEC. So I don't, I think that is a better way to handle it. MS. MOORE: That is fine. I don't disagree with you on that one. Finally, on the fee structure for activities that have been previously built without a permit, there is definitely inconsistency there. Also now it seems again, that could be just about anything that is preexisting and again, homes that obviously did not have permits, I know what the intention is here but the Trustees have been very, very aggressive in sending code enforcement out and there has been a lot of justice court activity and you are getting punished twice now. You are getting punished once through the justice court process that you are getting fined and now you come back to the Trustees and you are getting double, you know, the double application fees. So decide, you know, it would make more sense to many-of these cases that go to code violations are innocent, you know, again, reading the code that you and I could read it and really would not make any sense to most people. And again, it is becoming a double whammy, you are being punished twice. Those are my comments, oh, my last comment is on your shoreline structures, this really made no sense to me, individual residential stairs are prohibited on bluffs in the coastal erosion hazard area if the property is part of an association that maintains a common stairway within a reasonable distance. I thought from code committee meetings that it was decided that is too difficult, a lot of subdivisions that have been in existence and they may have a common access but the subdivisions, the one access may be thousands of feet away from properties, 90 percent of the other properties, of the homes in the subdivision, have access stairs and the last ones that are coming in now suddenly have to follow the new guidelines, it is very unfair. It was at least discussed during code committee that new subdivisions are being looked at with common access, with covenants that tell people listen, you are not going to be able to put in your own staircase. That doesn't exist in all of the subdivisions, the older subdivisions. So that paragraph, really one doesn't make sense as a policy and then two, coastal erosion hazard area, that is the entire area including as you go around to East Marion. So and in particular under the coastal erosion hazard law, beach stairs are permissible, are specifically allowed. So there is inconsistency there. I would ask you to look at that. COUNCILWOMAN DOHERTY: Yes, we went back and forth with that and I thought before even code committee and I thought we ended up not taking it out but going to recommend for June 5, 2012 Southold Town Board Meeting Minutes Page 82 new subdivisions to have that. MS. MOORE: That's what I heard the conversation being and I understood, I was like, alright, that makes sense because at least new subdivisions would be aware, people buying in will understand what the rules are but you know, Pebble Beach is a good example. I had one where somebody was asking for beach stairs, I actually had to have the surveyor measure out, it was 200 feet out to the road .... COUNCILWOMAN DOHERTY: Yes, I remember that one. MS. MOORE: Yes, you remember that one. It came to about 1,000 feet where, you know, these people have homes that are right there on the Sound and they can't get to their beach. There's, really that doesn't work. That's again, penalizing people for no good reason even the coastal erosion law allows access to the beach. It actually makes more sense to have properly built staircases to give access to the beach than to have them finding ways and following the trails that the deer have left because you haven't been able to train the deer, so, let's keep at it. COUNCILWOMAN DOHERTY: We are working on that. MS. MOORE: I know. Thank you very much. SUPERVISOR RUSSELL: Thank you. Mr. Epidy? JOHN EPIDY: My name is John Epidy and I live on 1090 Ruth Road, Mattituck. I am a resident for 46 years there, raised my family. I am here to address the Board and mostly that lady on the end because she was the president of the Trustees when a permit was given for a fence to go up on Inlet Drive. Now, I would like to ask her was it legal and who did she get the legal and who did she get the legal advice from? COUNCILWOMAN DOHERTY: Was what legal, sir? MR. EPIDY: For the fence to go up on the beach, on the public beach and going all the way down towards the water. COUNCILWOMAN DOHERTY: Well, I think this is not the venue for that question. MR. EPIDY: Why not? COUNCILWOMAN DOHERTY: We are here to address the change to chapter 275, I will be glad to discuss again... MR. EPIDY: No, I would like a discussion in front of the public with you. COUNCILWOMAN DOHERTY: Not during this public hearing. June 5, 2012 Page 83 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Let me just get back to, the issue is 275, the proposed amendments to 275. if there are other issues when we are closed with the public hearing, then we have the open microphone opportunity, when you can raise any issue under the sun. MR. EPIDY: Alright, so I am out of order. SUPERVISOR RUSSELL: We are going to keep everything strictly to the 275. MR. EPIDY: So what do I have to do, Scott? Stick around? SUPERVISOR RUSSELL: Yes. MR. EPIDY: Don't go away. SUPERVISOR RUSSELL: Who else would like to.'? Gwynn? GWYNN SCHROEDER: Hi, Gwynn Schroeder, Cutchogue. I know it is not about 275 but congratulations on naming Ann Murray to the Land Preservation Committee, she will serve the town well. I am hoping and I am glad to hear that you are not going to vote on this tonight and that you are going to table it. I think parts of this legislation are quite aggressive, I think when the town did a moratorium and rewrote chapter 275, they really took their time, they got a lot of public input and good legislation came out of it. and I agree with Glynnis, you are right in the middle of your comprehensive plan process. I believe the natural resources chapter is due out in August and you should wait until that time to sort of get input and see w here that all goes and a couple of things specifically, when you talk about solar panels, I think you have to distinguish between roof mounted and ground mounted panels because there is a difference if that comes to pass. And I just want to refer also to a memo from your CAC and they were talking about the Long Island Sound shoreline and they were really calling for a comprehensive plan and I am quoting their memo, they say we see spot repairs as ineffectual and only temporary and with outcomes that shift destructive energies to adjoining area properties with greater, more damaging vehemence. And they were frustrated by sort of, you know, reviewing permits without a shoreline comprehensive plan. I think we need it for both and just as an aside, I was at a family gathering over the weekend and had I been on the beach when this happened I would have corrected the property owner but they kind of shooed our family off what was not their property, it is public access, it is all bulkheaded and it is narrow but it is public access and I think even something small as taking identifying numbers off a dock is a disservice to the public because if you are walking on a beach and you can't either go over or under the dock, it is kind of hard to determine which house it is, if you are on the shoreline. So these little things, they may be easier for the property owner but it may not be best for the community as a whole. And I just ask you to consider, (inaudible) and the community when you make these decisions. SUPERVISOR RUSSELL: You raised some good points. Let me just quickly speak to the issue, the reason we no longer required numbering of the docks was because we have GPS capabilities now. The bay constable would have no problem ascertaining who the owner of that property and who that dock is at this point. It was one of those things that was required and never really Page 84 June 5, 2012 Southold Town Board Meeting Minutes enforced over the years. With new technology we no longer saw it as valid but you raise a good point. MS. SCHROEDER: I understand that but .... UNIDENTIFIED: Inaudible. MS. SCHROEDER: And if ! am person that is just walking along the beach, I may not know to call the bay constable or who to, you know, it just makes it difficult for the average Southold person that is walking on the beach. And I think that the point that Pat brought up about common staircases, yeah, we did things in the past because we did them now we maybe know better and so we shouldn't do them anymore and that's my point. Thanks. SUPERVISOR RUSSELL: Okay, thanks. Who would like to go next? Lillian. LILLIAN BALL: Lillian Ball, Southold. I think many people have said really important things and I think the bottom line, I agree with Glynnis as well, that this is a comprehensive plan issue and the natural resources chapter is being worked on as we speak. There are a number of things, I haven't had a chance to go through it all but there are a number of things that I can just point out right now that I think are important issues and I would like to make a, make my voice heard in the record. With the permits, the administrative permits, I really think it is a very good opportunity to inspire people to do the right thing rather than doing the wrong thing. If you make it easier to do the right thing it is more likely that it will happen. And rather than forcing everybody to go through numerous loops, administrative loops, so I think it is extremely important that the content of this particular #5, permit procedures item administrative permits is extremely tight. Number 2 D, remodeling or renovation of permanent structure does not seem at all clear to me. What is the remodeling or renovation that will not have an undo adverse impact on the wetlands, it is very vague, it needs to be clearer. I agree with A1 and also with Pat that phragmites might be a perfect thing for administrative permits, it is very rare for phragmites to be existing in an area all alone, even though mono cultures do occur, most phragmites situations that I have ever seen have spartina or button bush, (inaudible) or hibiscus (inaudible) or purple loosestrife or a variety of other kinds of things included in them, so it is not for the general public to say oh, there is a couple of phragmites then that means I don't need a permit. I have explained many times what was explained to me when I first came to Southold by A1 Krupski so well that in fact, phragmites are wetland delineators and if you don't identify them and make sure that people are aware what is going on, they can be removed by people who just think they need more lawn. Instead of having them perform the buffer zone and wetland delineation that they really do indicate, especially in New York State. So I would say that the seed bank is also an issue in a phragmites situation, in my particular case, when you remove the phragmites on Great Pond, all sorts of things have come back. You give them half a chance and all of the native things that are in the seed bank can come back. So there are a lot of issues here that I think need clarification. I also have a problem with 2 I, minor changes to existing valid Trustee permits, what is minor? We have to have a lot more specifics here. There are certainly circumstances in this town where people have applied for applications to the Trustees for additions to their home or maybe a very simple looking deck and in fact end up tearing down the June 5, 2012 Page 85 Southold Town Board Meeting Minutes entire structure and rebuilding entirely. And in my experience, that has happened enough times in my recent memory to say that that really warrants an extra look over. Then in defining purpose jurisdiction and setbacks, 275-3 I guess that is D-l, setbacks. I am in favor of maintaining 100 foot setback for all new structures. Swimming pools, houses, beach cabanas, whatever. 100 feet back is nothing, in our area where there is groundwater as high as 1 foot. I mean, any kind of building in an area near the wetlands I think you should really maintain the Trustees jurisdiction at any cost. Because of sea level rise and many of the other groundwater issues that we are discussing tonight. And then the final thing that I wanted to make a comment on is the non-turf buffer. I believe very strongly that the non-turf buffer should be applied to both residential and commercial properties, 5 to 20 feet is not very much and it is barely enough to prevent any kind of run-off coming out of construction or fertilized areas, pesticides, etc. I would really encourage you to look very closely at that because the MS4 requirements are quite clear that everybody, all properties should be keeping their run-off on their actual lot. So this is a really crucial item and one that I think really needs to be examined very closely. So thank you very much and I will read the rest of it, when you come back after tabling it. SUPERVISOR RUSSELL: I just certainly hope the community appreciates how hard we worked to bring the community together, we brought property rights advocates like Southold VOICE together with environmental advocates like Lillian Ball and Gwynn Schroeder to talk in one voice. Unfortunately, they are saying hey nitwits, take another shot at this law. Who else would like to address this particular law? LOUISE HARRISON: Good evening, Supervisor and members of the Town Board. My name is Louise Harrison, conservation and natural areas planning. And I am actually a new resident to the Town of Southold. I live at 175 Diamond Lane. But I am not new to the topic of wetlands protection. Most of my career has been involved in that. I worked in the New York State DEC back in the 1980's and was in charge of all the fresh water wetlands in Suffolk and Nassau county in terms of permit review, enforcement and mitigation. As well as some mapping. And I also worked with the New York State Department of State in the coastal program and was heavily involved in the Long Island Sound coastal management program. I am very familiar with your local waterfront revitalization program as well, .although I did not work on that personally. I recently was a biologist for the US Fish and Wildlife service on the Long Island Sound program and my major topic areas were habitat restoration, stewardship including land acquisitions, endangered species and invasive species. I have worked for New York State parks, I was executive director of Friends of the Bay in Oyster Bay and was heavily involved in wetlands protection there as well. So I just wanted to introduce myself to you, I plan on being in Southold for a while and I hopefully forever. I love it here. I am really encouraged by what I heard tonight by such an involved community that you have. Many of the comments are excellent. I would like to echo everything I heard fi.om Kevin McAllister, I agree with almost everything I heard fi.om Ms. Moore, I am not sure I got it all, I didn't quite hear it all. Lillian Ball's comments were excellent and I don't know the names of everyone else I heard but you received many, many cogent remarks tonight and I hope you will take them all into consideration. And just fi.om listening tonight, I hear that you are working on your comprehensive plan and that a natural resources chapter is coming out soon, so I would agree that you'll want your new wetlands revisions to this code to be in conformance with that and Page 86 June 5, 2012 Southold Town Board Meeting Minutes your MS 4 program planning, you do need to keep in mind sea level rise and adaptation to that as you go forward. So the idea of buffers and setbacks is critically important as you think of that. it is a good time to look back at your local waterfront revitalization program and make sure that your new code is in conformance with all the work that went into that and your coastal erosion hazard area legislation. I don't want to get into too many details tonight because I only had a chance to look at this revision in a cursory way but something I didn't hear anybody mention quite yet, I do want to support everybody who said not to weaken your setbacks. I think I said that already however. It is about the docks and other appurtenances being allowed to be up on a marsh during certain times of the year, I am trying to find it, it is on the last page under dock locations and lengths. It says no floating docks, floats, dock components or boats shall be stored on tidal wetlands or other intertidal wetlands between April 1 and December 1 of each calendar year. I think I may understand why that was placed in there because people are thinking about the wetland vegetation having a growing season, perhaps that was the reason? COUNCILMAN KRUPSKI: Yes, it is. MS. HARRISON: Okay. Well, there is also an erosion season and when you have ice and nor'easters you can have, you have a grinding and a movement of heavy objects like docks and other things that can be left up on a marsh and you can have a tremendous amount of erosion and destruction of a marsh if these things are allowed during other times of the year, especially during storm season. So that is something to consider. COUNCILMAN KRUPSKI: That is why in 2004 we put that in there. What is not underlined is current, that they can't be stored there at all. Alright, the proposed change is to allow them to be stored... MS. HARRISON: It does seem like to be stored now. COUNCILMAN KRUPSKI: No. MS. HARRISON: Okay. COUNCILMAN KRUPSKI: The proposed change... MS. HARRISON: Maybe... COUNCILMAN KRUPSKI: Is to allow them to be stored. MS. HARRISON: Is to allow them to be stored. And I am suggesting they not be allowed to be stored on the other times of the year because it can be destructive. Okay. I am not going to go into anymore detail on this except I don't think you ought to lessen your setbacks at all and there is that swimming pool and related structures 50 feet from a bluff, I disagree with that entirely. That should be maximum setback. Thank you very much for your time this evening. COUNCILMAN KRUPSKI: Thank you. June 5, 2012 Southold Town Board Meeting Minutes Page 87 SUPERVISOR RUSSELL: Who else would like to address the Town Board? BOB GHOSIO: I am Bob Ghosio, I am from Greenport and I am vice president of the Board of Trustees. Speaking for the Board of Trustees, I think is or at least getting comments fi.om us at this juncture I think is kind of appropriate since we are talking about the code that the Trustees generally use in making our decisions. I am pleased to see so many people came out, I am kind of excited that out of the three public hearings tonight ours was the most interesting and had the most participation from the community. It does, it serves a couple of purposes and one of them is it kind of justifies the existence of the Trustees and proves the importance of what we do. And I appreciate everybody taking time from whatever they would normally do on a Wednesday night to be here for this. I just want to make it clear, one of the things that I have heard here tonight, some of the comments I heard are please take your time, the Board please take your time in reviewing this, don't come to any quick decisions on it and I would agree with those comments. I just want to point out that while Al rightfully said that the Board had been working on this for a couple of years, this was a process that began with the Trustees back in 2007. in fact, it originally began with Peg Dickerson. Peg was still on the Board when we started the process so this is an accumulation of about 5 years so far. Why I appreciate and would expect us to take the time that is required to make sure that we are doing the right thing and be somewhat comprehensive in the changes that we make and make sure we are doing the right thing, I would hate to see it drag out another 5 years. And that is just a concern I have, I bring it forward to you. I know that we wanted to have this process moved along because right after this we have to deal with coastal erosion law which is 111. there are changes we have been working on, again, Peggy was on, she was responsible for starting the 275 revisions, I was in charge of starting the 111 and we were trying to coordinate it all at the same time so that when we brought the changes to the Board and to the public, that we would have a really comprehensive discussion and decisions would be made. Some of the concerns we have, in particular some of the things I have heard tonight, I just want to take a moment to address at least from our perspective. The pools on the top of the bluff and t he setback issues, I think in general we understand the need for the setbacks and I don't think that this is going to be, whether or not we change the setback for pools from the top of a bluff from 100 feet to 50 feet isn't going to make or break the changes in this law as I see it anyway but to explain why that came up, it was a practical issue. We were coming across so many properties that were on the Sound side particularly that were within the bluff area, that were in the bluff areas where 100 feet was not practical whatsoever and in fact, when we were making some decisions, there was no way of meeting it. so we were giving basically a variance on a setback anyway, which is within the rights of the Trustees Board. So that was more or less a practical issue. If we want to keep the setbacks there, the procedure and the process would remain the same and everything would come, you know, it would be on a per applicant application basis and whatever we would decide would be decided. But I would prefer to be transparent about it. I don't want to have a code that says 100 feet and then we go ahead and allow something at 50 feet anyway because the practicality is that's the only place it could go. Well, not necessarily, there are those exceptions where you would allow where there is no reason not to. Without getting into specifics .... COUNCILMAN KRUPSKI: Actually, as far as the pools go, a lot of the pools that are put in June 5, 2012 Southold Town Board Meeting Minutes Page 88 that scenario replace lawns so they sort of, there is really no environmental degradation there because you are replacing a lawn with a pool. MR. GHOSIO: And that is my point. COUNCILMAN KRUPSKI: So it is not being fertilized, it is not being treated with anything... MR. GHOSIO: No, no because one of the things and anybody who has been to any of the hearings know that one of the things that we arrive at almost every time, is that I want it to be a non-chlorinated pool. Either be a salt pool or something along those lines and we always, always insist on drywells. So it not that this is just a blanket kind of thing. It is practical issue. Again, the Board at your discretion, I don't think it makes or breaks the process at all. It is not going to be something that we are really going to want to go around and around on but I wanted to explain the reasoning, so people explained where that came from. I just want to point out that one of the changes in here that we thought was important was the moving the fences from 10 feet from mean high water to 20 feet and the reason for that was the very issue that somebody, I forgot who it was who brought it up, was the definition of mean high water mark. That is a very difficult definition to work with. We, all the research that we did indicated 18 ½ or 19 year lunar cycle involving, you know, trying to figure out what a mean high tide mark is. Well, when the Trustees go out and we look at things or fences or anything where we have to deal with mean high water marks, really the only thing we have to work with when we go out to the site is the rack line, the apparent high water line which is a more practical thing for us to use when we go out on inspections. But that is not necessarily the right way of doing it. so at least by moving it back from the 10 feet to the 20 feet, it gave us a little more leeway to assure that the public doctrine is enforced and that no matter what happens we are able to assure the public access to the beaches is proper. So that is where that number came from. Again, the phragmites issue, again, that was just a case, again, it is not an issue that is going to make or break the changes. We can certainly take that out altogether. Again, that was a practical thing or you know, how we, a lot of folks are going out and getting two permits to do the same thing. DEC is giving the permits for it, they are making notations on their permits, we are going out and looking at it too. It didn't seem to make a whole lot of sense to us, since it was already being done by the DEC but by all means, if the Board would like the Trustees to continue making those inspections, we would be glad to do it. I think the only other thing that I would bring up at least from the Trustees perspective, is the exemption that somebody brought up. I think John Betsch brought it up and I believe Lillian may have addressed it a little bit is the exemption for the farmers for the agricultural, modified agricultural, concerns in town. We would agree that the Ag Markets law is an important law, we also would agree that agriculture in our town is a number one priority but it does seem a bit unfair that we would just give a blanket exception when everybody else in town has to have some kind of a buffer. I would only, even if we were to give it, specify a five foot or a ten foot but allowing an exception all the way up to the wetland line may not be the thing we really want to do as a town when we have so many other people who have to have a five foot non-turf buffer. That is just, you know, the Trustees are all pretty much on board with that notion, we would like to see at least something there. COUNCILMAN KRUPSKI: A lot of towns have tried to regulate agriculture out of their town June 5, 2012 Southold Town Board Meeting Minutes Page 89 and it is a result, what will result in that is instead of some of your food from China and Brazil, you will get all of your food from China and Brazil. MR. GHOSIO: Oh, believe me, there is no intention here of trying to regulate farmers out of business, believe me but the .... COUNCILMAN KRUPSKI: That's not what I am heating. MR. GHOSIO: Not from me. I mean, the lobstermen and the fishermen in town, they have regulations they have to adhere to also and certainly I would think that if we are going to ask everybody else to have five foot non-turf buffers on their properties, I don't see that as being a real, at least I would hope it wouldn't be a problem for the farmers either. And you know, I think that is the way that most of the, if not all of the Town Trustees feel. Aside from that, I think that we have a lot to be proud of here in Southold, I think that when you take a look at some of the coastal towns along the eastern seaboard particularly in Florida and the high tourist areas, when you look at aerial shots of what they look like, what their shoreline looks like and then you looked at an aerial shot of what Southold Town looks like, we have an awful lot to be proud of here. I think that as a Board, traditionally and as Trustees historically, while there is room for improvement, we have done a good job overall. And I think this is just another step in keeping that work going for us. That was it. I just wanted to make some comments. Thank you for taking the time. SUPERVISOR RUSSELL: Mr. Cleary, before I go to you, I would just like to see if there is anybody who hasn't spoken yet that would like to speak, to please feel free to come up. And then I will go to round 2 right after. DAN DURETT: Dan Durett, 505 Wiggins Street, Greenport. And I will thank the (inaudible) because I left the Greenport Jr/Sr high school spring concert to come here and hear the public comments and I will tell you the harmony at the high school was much better than the harmony here. If you will allow me that privilege. I think our youth are perhaps teaching us at this very moment or they should be finished by now, what harmony really means. I think many comments have been made and they are very distinct, very succinct in their direction. I think again the comment has been made that the Board is very fortunate to have this kind of public input. Two things however, I wasn't going to say anything until the whole point about mean high tide and the whole public trust doctrine that needs adherence to and some clarification and then also, the point about the pools and the exceptions that are in the pools allowed here for from 100 feet to 50 feet and there has been this ongoing history it seems, I would just like to read a comment, the name will remain anonymous if I may for right now, it says 'We had to go to court where the old town code did not cover pools as structures like homes, garages. So the property owners won round one, the town appealed and argued that that has always been intent and practice and they won and changed the code so that pools were structures and under town determination. Now, today, to separate pools again can tip the scales the other way and say if pools at 50 feet, why not homes?' I read that portion there because you know, again I have only been here for 7 years but them is something in the history whether it is coastal zone management or land use management that there has been exceptions and I am concerned about the exceptions. ! will close just by June 5, 2012 Southold Town Board Meeting Minutes Page 90 asking each person both in the public and on the Board, to take a look at Fritz Helings, he was Democratic senator from South Carolina, he was very influential in terms of the coastal zone management. Much of his work that he did in the 80's and 90's was directed towards the conclusion that you just stated that Southold does has a lot to be proud of. And I see winces when I mention looking outside of Southold and I think sound science is sound science regardless of where it comes from and I think that is the driving fome and as always, I will end with my usual refrain is what are we leaving for the youth? What is left 5 years from now and 10 years from now and that is the purpose of my remarks. Thank you. SUPERVISOR RUSSELL: Anyone else who hasn't spoken yet? Mr. Cleary had his hand up first and then I will go to you but if there is anyone else that hasn't spoken yet, I would rather give someone a chance, let me give everyone a chance to speak the first time, then we will go for round two. Dave? DAVE BERGEN: Thank you very much. Dave Bergen from Cutchogue and also a Trustee. And without wasting time, I want to echo, a lot of the comments that have been made tonight have been excellent and very useful. This process has been going on for years, this process, when I refer to this process, the amendments to 275 as well as amendments to 111 and other codes that the Trustees work with. And there is no intention of trying to force this through tonight, if it takes mom time, it takes more time. That is a good thing. There is just one thing that I do want to echo, a couple of people about and that is the ag exemption. Now, I first want to say, I am not against agriculture, I am not against aquaculture. Agriculture is extremely important to our local economy and not just our local economy or state economy or national economy and the well being of the people here in the United States. That being said, when 236 came through, the stormwater runoff code, the Trustees recommended that the ag exemption be taken out and the code committee put it back in. and the Town Board approved it and I know this Town Board has been working with a situation on Mill Road in Mattituck, where because the ag exemption is there, there is runoff from a farm that is going into the Mattituck Inlet and is degraded the quality of the water in Mattituck Inlet. There's other areas in town where the same thing has happened. So now the Trustees put in here, into our proposed changes, that the commercial and agricultural activities had to come in for a simple administrative permit for activities within 25 feet of the wetlands. Code committee took that out. So the Trustees are trying to support the importance of the buffer that needs to be created between upland areas and our valuable wetlands. And I really hope that there is serious consideration given to that, to putting that back in, what the Trustees have recommended. Not prohibiting but at least having, requiring commercial and ag to come in to the Trustees for a simple permit for activities within 25 feet of the wetlands. Science, everybody here agrees, that the use of fertilizers, pesticides, in some cases herbicides, right down to the waters edge is not beneficial for our water. You have heard Kevin McAllister and others talk about nitrogen loads into the waters. Certainly with fertilizers you are going to have nitrogen loads into the water and all I am asking is please work with us and try to address that exemption because we tried it in 236, it was taken out and the town is now dealing with a lot of problems because of that. Let's avoid that issue here with pesticides and fertilizers. Thank you. SUPERVISOR RUSSELL: I am going to go to you, Mr. Meinke. I just want to address that June 5, 2012 Southold Town Board Meeting Minutes Page 91 issue, the farmland exemption. The ag districts law speaks to the issue with regard to application of fertilizers, pesticides, herbicides, they are all heavily regulated right now already, by other jurisdictions. Earlier you had mentioned, the issue of phragmites is already being reviewed by a jurisdiction, the DEC. from a practical standpoint, you are right but so is the application of pesticides, fertilizers, herbicides it is a heavily regulated industry already without having to add the Trustees to that. But ag districts and markets law ties our hands as to what we can apply to bona fide ag operations and what we can't, that's the issue we have to deal with. We have to deal with jurisdictions just like Trustees can't extend permission beyond what the DEC does. We can't extend regulation beyond what ag and markets lets us. And you see those challenges in every aspect every day. COUNCILMAN TALBOT: You know regarding the agricultural pieces and the one you referenced there, Dave, those two farm, well, that one and the one on New Suffolk Avenue where it floods Deep Hole creek extensively, those farmers actually were working with the town. They changed crops, they changed the way their furrows were going to try to alleviate some of it, so I think the farmers are aware that it is an issue and the one over on East Mill, they have been working with us to try to address it as well but they also are not within 25 feet of the wetlands. It goes down hill on the streets, but the 25 feet of the wetlands wouldn't address those particular farms but they have been working with us to try to correct it. so they are aware it is a problem as well. MR. MEINKE: Thank you, Scott. I just wanted to reiterate about the degradation of our groundwater and surface water by nitrate. This is very, very important. The Peconic Bay estuary program is the 28th estuary program, it is an important one. Our estuaries are the nurseries for all the marine life and goes out into the ocean and it goes all around the world and marine life is the food for an awful lot of disadvantaged people and we are losing marine life and the oceans are losing it, so the estuary is exceedingly important. Now, we are putting a nitrogen loading that is increasing and it is slowly destroying the estuary and we will have to do something. So this isn't particularly a discussion I am sorry against the Trustees but it is just that this is an important issue, it is a Southold Town issue, we are going to have to look at it, it isn't going to be easy because we are degrading the groundwater and the surface water right the way we live right now. As we add development, we are going to make it worse. As septic systems get older, we are going to make it worse. How we do this, there will be a financial problem which you guys are all going to have to worry about but it does have to be solved and we are a progressive operation out here in Southold Town, tourism and the clarity of the waters and our marine business, it all depends on keeping the estuary pure. We should make that a priority and it isn't going to be easy, it is going to be hard work for everybody but we should keep it up front because it is exceedingly important and it is very easy to sit back and just let the stuff ooze into the water, you don't see it, you don't smell it, not for quite a while yet but it is doing it, so we all got to pay attention to it and get behind it and contribute to the solution. And I think it is exceedingly important and I would like to see us get on it and start national discussions right now. Thank you. MR. CLEARY: Just a quick question again. John Cleary again. Same picture, I don't know if you can get a good picture of it, this is a random one that I had. This is the Mattituck inlet area. June 5, 2012 Page 92 Southold Town Board Meeting Minutes I will pass that out. But regarding rack lines, I had some pictures that I lost one between home and here, but last week there was a whole bunch of rack lines along the beach and yesterday morning there were none and two feet of the beach was missing. That is why you need a mean high tide mark of 17 years. That is the random one and you can see all the rack lines. Sunday night came, they were all gone. SUPERVISOR RUSSELL: Thank you. We are still on 275. What we will do is when we are wrapped up with 275, we will go to the regular comment period. COUNCILMAN KRUPSKI: Jill has comments and I have comments also. SUPERVISOR RUSSELL: Okay. Please go ahead. MS. HARRISON: Thanks. Just to follow up on the setback discussions. Some very fine additional comments were made since I last spoke. But I am very concerned about the concept of reliving a setback requirement because it is something we always do anyway with variances. That is just not a good reason. If you have to go through a variance procedure, one would think that in doing so, you are evaluating a real need and making someone prove the real need and providing an opportunity to the land owner to understand what some of the concerns are and why the setbacks are in place and what can be at risk. And when you put something very valuable closer to a bluff, like a swimming pool, you are putting your investment at a risk because bluffs don't stand still, as we all know they erode. And that is what leads to shoreline hardening requests later. So if we want to leave our shorelines natural and avoid the need for hardening structures to protect peoples financial investments, we try to keep their financial investments as far back from the bluff as possible and I think it should remain as a requirement for a variance if 100 feet is not enough. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to comment on chapter 275 proposed amendments? COUNCILWOMAN DOHERTY: I just kind of wanted to reiterate what Bob was saying. I was on the Board of Trnstees for 5 years and this was not something that Trustees decided to change the code and go into a room and brainstorm. These are issues that constantly came up to the Board on a monthly basis while we are working on the application. And they would come up and we would go, okay, we will work around it and these are the things that constantly came up and became issues and we started making a list and we would discuss it and we would try to work with it and this is how we came to propose these changes. And it is something that has been a work in progress for years and right now they have another list that they are working with and that they will, you know, propose to change. The Trustees are working with the Planning Board on the natural resource component of the chapter, it is something that as the town evolves, the code has to evolve and it is not just for 275, it is for all our codes. So it is not something that the Trustees have looked at lightly, it is something, it is numerous discussions, numerous public work sessions we have had before it even came to the Town Board. Numerous code committee meetings. I just wanted to touch on the setback. It is a practical reason why we are coming back with that because a lot of the properties in Southold Town that exist that have houses on them June 5, 2012 Page 93 Southold Town Board Meeting Minutes since the early 1900's, the properties are not 100 feet, they are, you know, so, it's, they might only have 50 feet of lawn so if they come in and they want to repair their cottage, we try to do the maximum setback as we can. Of course, the more property, the larger the setback the Trustees feel. So those are some of the reasoning's behind the issues that came before us and the changes we proposed, the Trustees proposed to the Town Board. And it is something that we worked many different departments, we did research and I think that this is a great group here, I am pleased that everybody came out to give their comments and I am looking forward to working with this more so we can tighten it up and integrate some of these comments in here. It's, this is a code not for the Trustees, it is a code for the people of Southold Town and the people should be involved in developing the code. So it is good that everybody has come out and we need to continue to work on it, obviously, with all of the comments tonight and hopefully we will continue to work on it and come to some resolution and there will be further changes, even if we make some of these changes now, in the future with the natural resources chapter, there will be more changes. So I think it is good that everybody came out and we are discussing it now. COUNCILMAN KRUPSKI: Just to go back even further, in 2000 when the Nature Conservancy came up with a meeting group, a work group of all east end towns and we met once a year for a couple of years and discussed all of our common issues on the waterfront, the Trustees and the natural resource departments of the east end towns. And as a result of that, the Trustees started rewriting the town code which was woefully inadequate in 2004. Took us over a year, meeting almost every week and this is basically what we came up with. Since then, like Jill said, the practical reality set in of administering the code and a lot of changes, not a lot of changes but there were some adjustments that needed to be made, not only to make it easier for the town but easier for the people because you have to live on the water and you have to fix your home and repair it or build a new home and live there. And you have to do it if, if you are the government agency and you are going to have jurisdiction, you have to do it in a way that is fair and timely. So I would like to comment on some of the specific codes just to put that in the record. I do agree with what Pat said about the permitted structure. Originally we put it in because you should be able to fix, make any repair on a permanent structure whether it is age or from storm event or without any action by any town agency but I don't think anyone looked at a house that was pre-existing the code and that is a good point. We were really referencing bulkheads, docks, groins, things like that. as far as the setback goes, generally I found that in 20 years with the Trustees, swimming pools to be pretty environmentally neutral. I think we should add non-chlorinated pool to that because usually they are replacing a turfed area. A lot of the comments that Chris read earlier came from the MS 4 committee in town. The MS 4 is a state mandated program about drainage in the town. It helps us with surface water quality and a lot of those comments are going to be worked into the code as far as drainage review at the Trustee level. The Trustees already do a very good job as far as the drainage review but it should remain clear in the application that even if the Trustees don't require something drainage wise, that another section of another town code does and that is important. 275-10, contents of permit C, we had put in originally a schedule of when operations would be conducted, there was an effort to take that out. I am still on the fence about that, I don't think that is too onerous, I think they could put the operation will be conducted as soon as the permit is issued and that would be the June 5, 2012 Page 94 Southold Town Board Meeting Minutes schedule or for a larger project, the Trustees had some concems about what the schedule of events would be, I think then they could require a more severe time table. 275-11 A 4 b, there was a change put in here temporary or seasonal snow fences may be permitted upon showing a need for erosion control at the Trustees discretion, I am not convinced that is a good idea. I don't like the idea of snow fences on the beach, we went through this about 10 years ago about fences on the beach, generally it is not a good idea, even if they are clearly on private property they can become debris in the water in a storm event, they can also cause erosion in a storm event. 275-11 B g, new bulkheads in bays or creeks are prohibited unless the operation involves construction of a low sill bulkhead. There was interest in adding 'or connects adjoining functional bulkheads.' I never saw in the creeks or the bay where that appropriate because you are hardening the shoreline in a creek or a bay and I will still be against adding that. in the section with docks, 275-11 C 2 under docks, there was interest in having all floats and docks have the appropriate permit number permanently affixed, to have that removed. I don't understand why that is so difficult to have the permit number put on a dock for identification. I think that should stay in. and that was it. I think the Trustees put a lot of work into it and I applaud their efforts because the majority of the changes are really going to make it a lot easier for everyone and thanks for the work. COUNCILMAN RULAND: Scott, may I? I guess I am going to address my comments mostly to Bob Ghosio because he and I have spoken previously about some things but I sensed in your voice a small amount of disappointment in that, I think your words were 'I hope this doesn't languish forever' My only observation is and it is very similar to the last one I made at the last meeting is this is part of the process. Whatever is brought forth and there were other things brought forth previously that had to do with parking and pet waste and things previous to that but until you hear from the people and every idea or comment that they have, you really don't know whether what you are proposing is sound or whether it needs work like Albert was saying or Jill was saying. Because lots of times, I know the comment was made this morning by Scott about the set of neutral eyes, someone who is not involved in the process, looking and reading something and coming up with you know, what does this mean, how is it interpreted and sometimes when you are on the inside and you are trying to focus on something that you believe is right, you are not looking at it exactly as other people would especially the people that may be affected by it, so the process I believe is alive and well. We received a lot of written comment prior to this to digest as well, certainly as was stated before, it would be imprudent to try and enact something like as proposed tonight with as much comment as we had received previous to the meeting plus tonight because there are many things to contemplate and I know the town attorney has been feverishly taking notes down there because I can see him writing and as it should be, there is no other way to say it other than in the end just like the parking problem, we are going to come to a consensus on this issue that is going to be workable and then we are going to move on as Jill says because the only thing that we know that is constant is change. It is all the time, things are changing. Mr. Durett talked about that and it will go on and truly, he is right again in that what will we leave the next generation or the next generation after that. hopefully we leave them that prudent people with prudent minds sat down around the table or in a forum and came up with ideas that made this place a better place for them in the 50 years that hence was mentioned. June 5, 2012 Southold Town Board Meeting Minutes Page 95 SUPERVISOR RUSSELL: Okay, if there is no other comment on 275, I will get a motion to close? RESULT: CLOSED [UNANIMOUSI MOVER: Albert Krupski Jr., Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Closing Comments Supervisor Russell SUPERVISOR RUSSELL: And now what I will do is invite anybody that wants to address the Town Board on any issue to come before the Town Board and speak? Mr. Cleary? John Cleary JOHN CLEARY: How am you? Long night tonight. John Cleary again and this goes back to an old question I had on that fence on Mattituck beach. The, not who owns what property or anything just the legality of the fence itself. When I first came to the Board in October, early October 2010, I said the fence goes 40 feet into the water. And Mr. Krupski said I thought that was addressed before, didn't anyone do anything about it? well, that rang a little bell in my head so I said, you better find out what you are talking about. So the next day I went over to see Mr. Robert Scott over in the Assessor's office. I said, where is the property line on that? he explained to me that the people out there had a court decision, that they extended their property line to mean high tide mark. And he gave me a copy of the survey, not a copy of the survey, a copy of who did it, I have the same copy but it was by Joseph Ingegno, his phone number is 631 727-2090, I call that number. I left that door and before I got to my car, I spoke to Nathan Kerwin who bought the business. Nathan Kerwin said he did the survey, he did this survey for Christine Rivera. And I said where did you get the information to form a mean high tide mark? He said the survey has absolutely nothing to do with the mean high tide mark and that is not a mark on it. Where did you get that line? He said, I used the weed line of one day. The weed line of one day. okay? Now I went to the Trustees and I said there is no record of a mean high tide mark that far down and Ms. Doherty said to me, we do things the way we want to do it in Southold. That is her quote. COUNCILWOMAN DOHERTY: I did not say that. MR. CLEARY: There are four people here that heard that. UNIDENTIFIED: Inaudible. MR. CLEARY: Now .... SUPERVISOR RUSSELL: You will have your chance at the microphone. MR. CLEARY: Now, Mr. King, Mr. James King said the judge, referring to Elizabeth Hazlet Emerson, gave underwater land of the State of New York to these residents. That is what he June 5, 2012 Southold Town Board Meeting Minutes Page 96 said, I didn't say that. these witnesses will say the same thing. You are outnumbered here tonight. UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: I will end this meeting now if we are not going to maintain decorum. MR. CLEARY: I followed the court, I went to the court where Ms. Rivera charged Mr. Calabro with walking on his sand and Ms. Rivera said consistently they have property to the mean high tide mark, knowing full well that they only, the only mean high tide mark they had was the original one in the 1949 survey. Now, I asked Ms. Doherty several times to give me the survey of any mean high tide mark that is required in the permit that she issued, permit says she can put a fence up to the mean high tide mark. I never got a mean high tide mark from Ms. Doherty. So I FOIL'd the request for a mean high tide mark and the Ms. Hulse, the Assistant Town Attorney said there wasn't any. The only thing they had for the mean high tide mark was the 1949 survey. So, when I went to see Mr. James King who happened to be at the meeting in January when I said there is no thing, this is in doubt, I went to him and I have a copy, I sent you a note, and I said I would like you to re-evaluate the permit because Ms. Hulse has been unable to find any mean high tide mark other than the 1949 survey. Now, Mr. King told me I am not going to do anything and if you don't like what I am doing, sue me. That is what Mr. King told me. Now, the point is, there is no, if you can find one, show me a mean high tide mark. Show me a mean high tide mark that is in compliance with the federal court cases that I cited, that is fine. Now, keep in mind that this survey of Nathan Kerwin, you might have seen some of his surveys, had to do with that rock and stuff. Mr. Nathan Kerwin was brought into court to testify at Mr. Calabro's trial and Mr. Nathan Kerwin said there is no difference between the apparent high fide mark on this survey which he said to me is a weed line, and a mean high tide mark. This is what the surveyor said. So I would be very suspicious of anything that that surveyor says and does as far as anything goes. Now, I had some pictures, now I misplaced them on the way in, there is an oddity with that, with the property line, the fence line goes all the way north in the direction and then makes an 8 or 10 foot jog to the right and then goes down to the water. Now, when I talked to Mr. Nathan Kerwin on the survey, I asked him why that fence went off at an angle giving Mrs. Rivera another 17 feet of beach front, valued 'in excess of $100,000. Mr. Nathan Kerwin said Ms. Rivera wanted to keep her fence line straight. All this land that is to the east, she only challenged (inaudible). So therefore, the question is, did Judge Emerson in this court decision award over $100,000 shorefront property to Ms. Rivera for cosmetic reasons? That would be a newer area in court as far as I can see, cosmetic reasons giving you another 17 feet of waterfront. Now, I had asked Mr. Finnegan and he sent a letter to Mr. Spota last October requesting an investigation into this survey. Now Mr. Spota's office, this is the survey and it was 2006 because that is the date on it from the apparent high tide mark, October 2006, Mr. Spota writes back to Mr. Finnegan, you got that letter, oh, I thoroughly examined the map of 2003 and found nothing wrong with it. well, I would like you to re-contact Mr. Spota and find out how a weed line was used in a court of law and given, not to the Town Board you said no one in the town, no attorney under another FOIL request, nobody was notified by the court of any decision. However, there is a signature on the change in property of not an employee of the town but a consultant and the town knows nothing about it. I would like Mr. Spota to investigate that, too. June 5, 2012 Southold Town Board Meeting Minutes Page 97 How a consultant gets a hold of a form and changes the property (inaudible) and what legality? Give me a mean high tide mark on that one, too. And the interesting thing about the court decision is, is it identifies this document because it is a copy from the court, identifies this document as a mean high tide mark. How in the world did Judge Emerson ever get the idea when Mr. Kerwin stated to me, anybody can see that it is not a mean high tide mark. There is not a mention on it at all. The second thing in the court decision that is unique is that it refers to the people of only, always having said that there property line is the high tide mark when their deeds say the mean high tide mark of the 1949 survey, that is wrong. The third thing is with the court decision is she said it won't affect anyone else. Well, there is three lots down in that strip of beach that weren't mentioned in any of the court applications. Therefore, that is wrong. So in actuality, Judge Emerson is in violation of her own court order. I would like Mr. Spota to check that out, too. Thank you. Mr. Finnegan, will you take care of this? TOWN ATTORNEY FINNEGAN: Sir, I am not going to contact the district attorney and ask him to investigate the town, no I won't, we have had this discussion about 10 times previously and we, I told you, we sent the letter. The town is not a party to this dispute, okay? There is nothing this Town Board can do to set aside Judge Emerson's order... MR. CLEARY: Oh, I don't want it set aside, I want it clarified. TOWN ATTORNEY FINNEGAN: I can't tell you what it says, you can hire an attorney to have that done, okay?. But this Town Board cannot speak to what Judge Emerson thought when she cut that order. MR. CLEARY:~ I don't want to speak about that, either. TOWN ATTORNEY FINNEGAN: Well, that is what you just asked, several times in a row. MR. CLEARY: Well, I called Judge Emerson, wait a minute now .... TOWN ATTORNEY FINNEGAN: It is not relevant to .... MR. CLEARY: Stop trying to obfuscate something. You know, get to the facts here. The facts are, there are no documents saying .... COUNCILMAN TALBOT: The facts are the Judge made a decision on this and the Town of Southold has nothing to do with it. We can't change her decision. MR. CLEARY: Okay, then find out why this Jack Sherwood... SUPERVISOR RUSSELL: You had your opportunity to discuss it, it is not for you to direct the Town Attorney, it is for this Town Board to direct the Town Attorney. We will take all of your recommendations, email them to me. MR. CLEARY: I did. June 5, 2012 Southold Town Board Meeting Minutes Page 98 SUPERVISOR RUSSELL: In the meantime, I would like Mr. Epidy to get an opportunity to speak. MR. CLEARY: Okay, thank you. John Epidy MR. EPIDY: Well, I was here once before and I am back again and I hope I am in the fight position to be able to talk. Now, all this talk and all this talk about what these beautiful people were talking about and taking care of our town of Southold, out of a clear blue sky, here comes a fence. Access to the beach. Access to the beach. Here comes a fence that has been approved by who else but the Trustees. You were the president Jill, when you approved for that lady to have a fence put up and going towards the water. I understand she had a tea party down there and she had all you guys down there and you discussed it at one time, according to that big, thick file of hers which I have home. Your file. COUNCILWOMAN DOHERTY: We do inspections and we do go to each site. MR. EPIDY: Inspections. I am not excited, I just want to know how this woman was permitted a permit on a public beach, to put that fence up. COUNCILWOMAN DOHERTY: The permit was to put a fence on her private property and she applied for it, the whole entire Board reviewed it, we went down there several times, we reduced the scope of what she was asking for .... MR. EPIDY: It isn't her private property. COUNCILWOMAN DOHERTY: You are asking me a question and I am trying to answer .... MR. EPIDY: I want everyone to hear this. You are saying that that's private property? Are you saying that? COUNCILWOMAN DOHERTY: Mr. Epidy .... MR. EPIDY: I am saying that, not on a public beach, it cannot be. Impossible. COUNCILWOMAN DOHERTY: Mr. Epidy, we reviewed the documents that were submitted in this application and the Board gave her a permit based on the application that was submitted. MR. EPIDY: Did you put it through the legal? Lori Hulse and this man here, Mr. Finnigan? Your legal attorney. COUNCILWOMAN DOHERTY: Yes, we reviewed it thoroughly over a couple of months and we went out to the site many times and we did our research .... June 5, 2012 Southold Town Board Meeting Minutes Page 99 MR. EPIDY: No, no. i asked you if you went through your attorneys to get the legal right as to whether you should permit that on a public beach? That is all I am asking you now. Did you or didn't you go to Loft Hulse and did you or didn't you go .... TOWN ATTORNEY FINNEGAN: Excuse me, excuse me sir. COUNCILWOMAN DOHERTY: It is not permitted on public property. SUPERVISOR RUSSELL: Let's maintain decorum, please. I just want us to maintain decorum. MR. EPIDY: Let me tell you something, Scott. Let me tell you guys something. I go by one document, you know, I am going to change this around a little bit. I am a retired New York City fireman and before that I was a Korean War veteran. This is my country, they gave me a doctrine and I believe in it. and I believe in our country, now, by the life of me, if you know how to read comprehensive reading, this document covers everything. Everything, everything. Why people try to get around it is over and beyond me because it is for everyone, the public. Not for individuals but for the public. Now, what does this doctrine tell you and what does it say? You know what it says? We have a right to a public beach and how do you find out whether it is a public beach or not? It is not hard, not hard at all. Anybody can do it. I walk on the beach, I look to my left, I look to my right. What do I see on my left? I see something that zig zags, just like the water out there. Zig zags. And I look and I look at that zig zag and I said, you know, that is the terrain of the land. And just below these dunes and just below the vegetation, all ora sudden it becomes sand which is the (inaudible) footprints in the sand. Now anyone can see that it's sand and that's vegetation. DEC handles the vegetation. Who handles the sand? Public access to the beach, turn to the left, turn to the right. How do educated Trustees like you people all of a sudden make this different? It is no different. We are talking about the fore and the shores. If you stay below the grassline and regardless of where the water is, that is your foreshores. The doctrine tells you. the foreshores belong to the public. It is right here. Did you read the book? Have you ever read this whole thing? COUNCILWOMAN DOHERTY: Yes, I have. MR. EPIDY: Have you? COUNCILWOMAN DOHERTY: Yes. MR. EPIDY: Tell me, I will ask you a question now. Let's say she owns the land .... COUNCILMAN KRUPSKI: Can you speak into the microphone? SUPERVISOR RUSSELL: We want this for public record and .... MR. EPIDY: I want it in the public record. SUPERVISOR RUSSELL: Then we need you in the microphone. June 5, 2012 Page 100 Southold Town Board Meeting Minutes MR. EPIDY: Let's just say she owns the land. What does she do with it? what rights has she got? I asked you, you read this? What rights has she got? COUNCILWOMAN DOHERTY: She can apply for anything she wants, just like you can on your property and it is up to the Board to review and make sure it fits .... MR. EPIDY: She owns the beach. You tell me. Let's say she does, under the doctrine, ownership of beach property, page 83 of the doctrine, you said you read the doctrine now, you did tell me that, right? You know the doctrine. COUNCILWOMAN DOHERTY: I don't know it by heart. MR. EPIDY: Underwater lands, the foreshores of the public trust. The legal geography of New York's beaches, tide lands and the lands underwater is defined by the public trust doctrine and the court cases that interpreted applications. _Under the public trust doctrine, the foreshore and underwater lands are held in trust by the state of local governments for the benefit of the public. The public trust doctrine is the basis for the public's right to swim, fish, walk the shoreline. When the tide is in, we may use the water covering the foreshores for boating, bathing, fishing and other lawful purposes and when the tide is out, he may pass and re-pass over the foreshores as a means of access to reach the water for the same purposes allowed in the reclining thereof. Now, okay, this is the one. Page 84 on whether she owns the land or not. In addition to colonial charters and titles conveying lands to the town, submerged lands have also been conveyed by the state, town and private owners for commercial purposes and to develop (inaudible). Yet with few exceptions, the ownership of most lands underwater or formerly underwater land that are vested with a public trust is in three forms. Number one, state ownership. Number two, local government ownership and number three, private ownership either by grant from the state or the town, in most instances where publicity owned underwater land have been conveyed into private ownership, the public trust doctrine remains intact. So even if she owns the land, they are under the land and the doctrine says for the people. COUNCILWOMAN DOHERTY: Yes, I agree. TOWN ATTORNEY FINNEGAN: Excuse me, sir... MR. EPIDY: If you read the doctrine and you know what it is all about, those things should have been taken care of by you guys. That is your responsibility to me as a taxpayer. You are taking my beach away from me. You are permitting him to put a fence all the way down to the water? And into the water, we have pictures of into the water. We just won a case in court and if you want to go further into this thing, this doctrine will show you case courts. Over and over and over again, this bas been put on trial in the court and the public has always won. That is why I asked you if you read this document and evidently, you haven't. SUPERVISOR RUSSELL: Okay. June 5, 2012 Page 101 Southold Town Board Meeting Minutes COUNCILMAN TALBOT: Mr. Epidy, just as an example of that, you have got water coming over that fence area, right? If you had water come up over someone's house, does that make it public property as well? MR. EPIDY: Impossible to build it on public property. It would never be granted. COUNCILMAN TALBOT: Well, you have seen pictures of water over people's houses. MR. EPIDY: Yeah, and you know where I saw it? Westhampton Beach. Inaudible. COUNCILMAN TALBOT: Inaudible. COUNCILMAN KRUPSKI: I don't think we .... MR. EPIDY: Inaudible. COUNCILMAN KRUPSKI: You don't have to yell though. MR. EPIDY: You know, you're right. You're right. But you have to forgive me. I am me and you are you. you can talk at a moderate tone but for some reason, I am a damn fireman that is hollering and screaming in the firehouse. Forgive me. Would you please forgive me? COUNCILMAN KRUPSKI: I do. But we never yelled on the farm. MR. EPIDY: But let's not get away from this. Are we following the doctrine? COUNCILMAN TALBOT: I think there is a misinterpretation because some areas and some properties, residential properties could have 400 feet that they own before they hit the water, right? MR. EPIDY: No, not if it is beach property. COUNCILMAN TALBOT: Really? MR. EPIDY: Yeah. Not if it is beach property. That is what they are telling you here. TOWN ATTORNEY FINNEGAN: Sir, sir. Let me tell you, excuse me .... MR. EPIDY: You can go out and get 5 acres of land, okay, and let me tell you, Westhampton Beach. Westhampton Beach, okay?. I have got a buddy of mine, (inaudible), that is his last name. He owns the Westchester bank. He just built a $5,000,000. home on Dune Road. I happen to be pretty friendly with the guy, you go over to this house over there, you have everything. Elevators, this, that. here comes the dunes. Does he own them? Does he control them? How far does his property go? June 5, 2012 Page 102 Southold Town Board Meeting Minutes COUNCILMAN TALBOT: Actually, we all own those dunes over there because the people, the taxpayers of this country paid for that area to be rebuilt. MR. EPIDY: No, no. Listen to me. COUNCILMAN TALBOT: Created the village (inaudible) MR. EPIDY: No, no. you are talking the village which is all the way west. I am going east on Dune Road. COUNCILMAN TALBOT: And look at their surveys. They own right down to the water on their surveys, fight? MR. EPIDY: Listen to me, in the village .... COUNCILMAN TALBOT: You were a fireman and I have seen a little bit more than you have, sir. MR. EPIDY: You are an inspector, they should know better. COUNCILMAN TALBOT: And I do know better, I know obviously better than you in this instance. MR. EPIDY: You go west, there is the village of Westhampton Beach .... COUNCILMAN TALBOT: You are missing your point here. MR. EPIDY: The point is this. COUNCILMAN TALBOT: You are missing your point. MR. EPIDY: The point is this. COUNCILMAN TALBOT: You lost it. MR. EPIDY: No, no. West, if you go over the bridge and you go west on Dune Road, where do you go? You go to Cupsogue, there is a village out there that got destroyed, there was a breach. That's what you are talking about. COUNCILMAN TALBOT: Yeah, okay. MR. EPIDY: You are not talking about going east, (inaudible) COUNCILMAN TALBOT: Let's talk about Southold Town here. June 5, 2012 Southold Town Board Meeting Minutes Page 103 MR. EPIDY: Huh? COUNCILMAN TALBOT: Let's talk about Southold Town and forget Westhampton. MR. EPIDY: Yeah, well, why not? Why not talk about that? it is the same, there is no difference there. And there the terrain zig zags in and out .... COUNCILMAN TALBOT: I will agree to disagree with you on this case. MR. EPIDY: How do you determine where your foreshores are? TOWN ATTORNEY FINNEGAN: You are misunderstanding what the doctrine says, just for the record. The public trust doctrine and the rights that emanate out of the doctrine start at the beach area that is seaward of the high water mark, okay? MR. EPIDY: Right. TOWN ATTORNEY FINNEGAN: Right, of the high water mark, people, just by virtue of the fact that there is sand on land does not make it public land. People have the right, they can own beach land. They can... MR. EPIDY: I am not saying (inaudible) but the doctrine says the doctrine remains intact (inaudible). TOWN ATTORNEY FINNEGAN: I don't really know what you are trying, what you want this Town Board to do but you .... MR. EPIDY: I want to get rid of that fence. · -TOWN ATTORNEY FINNEGAN: Okay. Well, this is not the proper forum to challenge the installation of the fence, okay? A permit was issued by the Trustees, okay? Councilwoman Doherty is no longer a member of the Board of Trustees. MR. EPIDY: Who? TOWN ATTORNEY FINNEGAN: Excuse me, can I...I think if you want to challenge it, you have the right to challenge it in a court of law, okay? Our town code permits the Trustees to consider an application for the installation of a fence 10 feet landward of the high water mark. Which is exactly what was done in this instance. If you, obviously you don't believe that the documentation upon which that application was granted is accurate, you have the right to have that .... MR. EPIDY: I have a right to sue you. TOWN ATTORNEY FINNEGAN: Okay. June 5, 2012 Southold Town Board Meeting Minutes Page 104 MR. EPIDY: Right? I have a right to sue the town. TOWN ATTORNEY FINNEGAN: You have the right to do what you feel is necessary. (Inaudible) MR. EPIDY: You are an attorney, I have a right to sue the town. TOWN ATTORNEY FINNEGAN: You certainly do. MR. EPIDY: Okay. I will bring you to court. SUPERVISOR RUSSELL: Okay. TOWN ATTORNEY FINNEGAN: Okay. You certainly do. MR. EPIDY: A right to sue the town. And we will see if the permit was legal or not. TOWN ATTORNEY FINNEGAN: That is fine sir. MR. EPIDY: Inaudible. SUPERVISOR RUSSELL: That is what was being proposed with, chapter 275 there were a lot of amendments that we were considering tonight as part of the local law that would have set back the fences not just 10 feet but a full 20 feet, to again~ try to address some of the challenges that these fences create, we were trying to ensure more public trust access not less but it was part of the whole package which is why we have to table it. COUNCILMAN KRUPSKI: You know how you talked about the rack line and how it moves, everyone looks at that beach. Some beaches are flat, some beaches are steep and everyone's interpretation of the high tide line is different, right? So if the Trustees go out there and they look at the high tide line and it is here, today, and then someone else goes out and looks at it and maybe they think that's the high tide line, right, and then legally you have to look at a 18 ½ year period to determine the real high tide line. So when we originally redid the code, we said in order to avoid that confusion, you can't put any fence closer than 10 feet to the high tide line because that gives you some leeway of not putting it over the actual high tide line, alright? So this code attempts to put it back further, 20 feet further just to give you a little more leeway for the public, to keep the public's right. Okay? Unidentified man INAUDIBLE: Captain Kidd Estates, also. I have an old property map, I guess I got it from the town here or whatever and from her comer, it says so many feet is her property. Well, if you measure that from where that marker is supposed to be on that turn, she is way past that 208 feet or whatever the heck it is. June 5, 2012 Southold Town Board Meeting Minutes Page 105 SUPERVISOR RUSSELL: Let me just clarify, she went to court under the premise of what was the intent of the original map which had deeded those properties to the mean high water mark. She got a judge to agree with her, I have to be candid, I met, I told you and Mr. Cleary and Mr. Epidy many times, I disagree with the judge here, I really do but I have no legal authority to do anything about her decision. She had awarded the ownership of what she determined to be accreted land to the owners along that area and the office of real property services re-mapped all those properties. UNIDENTIFIED: But there is a real measurement there. SUPERVISOR RUSSELL: Yes, from the 1949. Yes, I aware of that, I dealt with that map as an assessor. UNIDENTIFIED: And now, not only hers but all the properties to the west down there have that same measurement. SUPERVISOR RUSSELL: And the office of real property services re-mapped those properties based on the judges decision. Again, I agree with....no, she awarded it based on the map that was .... UNIDENTIFIED: Inaudible comments. SUPERVISOR RUSSELL: That was presented. You know, you are disagreeing with someone who is a sympathetic ear and the Town Board has a sympathetic ear but the judges decision is what rules the day, the town doesn't have any authority to change a judges decision. I wish we did but we don't. That is for higher authorities not for the town, we are not a party to that action. UNIDENTIFIED: So, let's say, can I say pay off somebody and they are a judge, oh, okay, that's okay then. SUPERVISOR RUSSELL: That is not what I am saying. That is not what I am saying. UNIDENTIFIED: Boy, this is some freedom then. John Epidy MR. EPIDY: Inaudible. You appeal the decision. COUNCILWOMAN DOHERTY: We have no right to appeal. SUPERVISOR RUSSELL: We have no standing. The State Department of State could, we certainly have reached out and asked them... MR. EPIDY: Inaudible. And have it overturned. COUNCILMAN TALBOT: Mr. Epidy, we were no party to that suit. June 5, 2012 Southold Town Board Meeting Minutes Page 106 SUPERVISOR RUSSELL: We have asked that of the New York State Department of State which should be enforcing the public trust doctrine. The attorney general at that time, who is now our governor who chose to... MR. EPIDY: There is no law about you can't appeal. Appeal it, That is the legal way. SUPERVISOR RUSSELL: But we weren't a party to the original action, so we have no... MR. EPIDY: You can appeal it and it can be overtumed. Because you bring it to the judge's attention, that map, I have got that map at home. UNIDENTIFIED: I want to say a word, please. I read the permit, the DEC and so on and so forth, one thing that was clear and at a meeting of our association which Ms. Rivera was there before the trial, I said, okay, you got a permit, you put the fence up. Until it is overturned, nobody can do anything about it but the permit said clearly that for any reason any part of that fence is covered by water~ that section of the fence must come down. Well, that didn't happen. So even the things that you put down that have to happen, don't happen. COUNCILMAN KRUPSKI: Well, see, you just... UNIDENTIFIED: It said for any reason. SUPERVISOR RUSSELL: You should bring that to the Trustees. COUNCILMAN KRUPSKI: That's what you have to do. Forget the judge that is indifferent to Southold, okay, you go to the Trustees, they are the ones that issued the permit and appeal to them that the fence shouldn't be there. They are the ones who issued the fence, they are the ones who can revoke the permit. UNIDENTIFIED: Okay. Alright, if the fence is legal or illegal, I am not discussing that... COUNCILWOMAN DOHERTY: Inaudible UNIDENTIFIED: Who issued the permit? COUNCILWOMAN DOHERTY: The Board of Trustees. UNIDENTIFIED: Okay, in that permit that you issued, you said clearly that if the water hits the fence for any reason, storm or not, and I saw the three sections covered. I live there across the street, I walk down there all the time. Okay? SUPERVISOR RUSSELL: Bring those issues to the Trustees. COUNCILWOMAN DOHERTY: She wants me to remove one section and if the water is still up there, you need to go back to the Trustees .... June 5, 2012 Southold Town Board Meeting Minutes Page 107 UNIDENTIFIED: Why don't you do it? SUPERVISOR RUSSELL: You have to bring it to the Trustees. Bring it to the Board of Trustees, the Southold Board of Trustees. Bring all that information to their office. COUNCILWOMAN DOHERTY: And ifI remember correctly, the permit is on a yearly basis. UNIDENTIFIED: Mr. Russell, we did that. I had pictures, I showed it to them. Under water. Three sections. They didn't come down. So, thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue? MR. EPIDY: Inaudible comments from audience....brought the property values still down, not bad that they have come down but what you guys did has brought the value of that area down because you can't tell people that you can go there and make a left hand turn and use the beach. Keep that in mind, guys. Mr. Finnegan, appeal it and you will win. Dan Durret DAN DURETT: Hi, Dan Durett. SUPERVISOR RUSSELL: I am beginning to miss the special events legislation. The good old days. MR. DURETT: Let me first congratulate the Town Board, the last two or three Town Board meetings they really showed a lot of public participation, so you are doing something right obviously. This is in the scheme of things, just very small, there was an item in the agenda, surplus property, a vehicle that there was not a bid on and is going to be disposed of. I was interested in what happens to that vehicle at this point, the reason I am asking is, if it is going to be sold or given away as junk, why not take some consideration of donating it to a non-profit or putting it up for a raffle or giving it to one of the high schools, I know Greenport has the automotive. SUPERVISOR RUSSELL: We would gladly offer that to me, to be perfectly candid, they are very well used vehicles. MR. DURETT: Okay. SUPERVISOR RUSSELL: And generally by the time they are already out to bid, they have already been cannibalized for parts to keep the other vehicles in the fleet running, so usually when we get no bids, we sell it for, right now we are getting about $205 per ton of metal and that is usually, but you know, any agent or any jurisdiction that is interested, by all means. I just don't think there is left to it to be of any value to any of those organizations. June 5, 2012 Southold Town Board Meeting Minutes Page 108 MR. DURETT: Okay. Final comment for me tonight is, again, I alluded to it earlier, having the Board come to one of the high schools, obviously I say Greenport and have some meetings, I think is a way of bringing government right into the homes in a sense. SUPERVISOR RUSSELL: Excellent idea. we are in the process now of setting up more mobile Town Board meetings like we have done in the past, moving them from community to community to get greater participation. MR. DURETT: Come to Greenport, it is a great village. SUPERVISOR RUSSELL: It sure is. Would anybody else, yes? George Lamoga, Mattrituck GEORGE LOMAGA: George Lomaga, my first comment, you guys, I have to really give you credit to sit there, it is a little tough. John is hard to work with, I am president of the association, he has got good points and he has got bad points. And he is loud. COUNCILMAN TALBOT: Is this how the Captain Kidd association meetings are? MR. LOMAGA: Well, he doesn't come very much. So I am very lucky. A couple of things to notice. I am not sure about the word apparent high water mark. It has to be hard. We were talking out in the hall, 18.6 years, it is ridiculous to try and get a mark. Maybe sometimes, you know, you guys are tabling this and maybe what we need to do is me and my association and with you guys, you might want to chose a day, any day, pull a day out of a hat and put a stick in the ground over here and say, you know, December 13, this is the high water mark and this is (inaudible) maybe it might be the best way because we are never, I don't see us ever agreeing what the mean high water mark is going to be, I don't Ellis agreeing where the reed line is going to be but (inaudible). It is not an easy thing to do and that's the problem. COUNCILWOMAN DOHERTY: The Trustees talked about htat and I think Bob came up with the idea of let's do a date in the spring, like the spring high tide say April 1 of every year .... MR. LOMAGA: That may be excellent. COUNCILWOMAN DOHERTY: Go down and decide what the high tide mark is for that year. COUNCILMAN KRUPSKI: Yes, but if the wind is blowing east that day it is going to be high, if it is blowing north west it is going to be lower so .... MR. LOMAGA: Or you could do it for three years on that date. (inaudible) and by the way, tonight I will swear I will go down there and two sections of the fence will be in water tonight. We don't have a severe wind tonight, we have Venus going in front of the sun today, I finally saw it down there today. Thank god I saw the transit of Venus, that made me happy, but the fence is going to be in the water tonight I really think. If you want I will go down and get a picture to show you guys. June 5, 2012 Page 109 Southold Town Board Meeting Minutes COUNCILWOMAN DOHERTY: And bring it to the Trustees. MR. LOMAGA: Thank you very much, have a good night. UNIDENTIFIED: Now about that dog waste, I just happened to get a new camera right after Christmas, I was taking pictures at the end of Sound Beach, that little end where it comes and a woman pulls up in a Volvo and let's her dog out and there is a big sign, well, little sign that says no dogs allowed. And I said, ma'am, don't you see the sign and she said, I own that property all the way over there and that sign is illegal. I said really, you put your dog on the other side of your property. Then she got all huffy and she said ifI ever catch you on that side of the water, I mean on that side of the, my land goes to wherever Connecticut or, now she says there is no authority for anybody to put up a sign no dogs allowed. SUPERVISOR RUSSELL: That road end is town owned, right to the mean high water mark wherever that might be. UNIDENTIFIED: She let those dogs out and they went to the east .... SUPERVISOR RUSSELL: If it went to the east that would have been park district property wouldn't it? UNIDENTIFIED: Well, there is a house right there too. COUNCILMAN TALBOT: He is talking about the third beach, furthest from the west. SUPERVISOR RUSSELL: Okay. UNIDENTIFIED: That is the last beach at the end of Sound but it says no dogs allowed but there is no Town of Southold law or Suffolk County law or state law or anything... COUNCILMAN KRUPSKI: There will be. We had an MS 4 meeting yesterday morning and there is going to be, because of the new MS 4 regulations, the state is requiring us to have a pet waste program and that is going to include having signs at every public area saying that you can't, what you can and cannot do with your dog and if in fact, you do have a dog there you have to clean up and remove it. UNIDENTIFIED: I said that to her. COUNCILMAN KRUPSKI: Because all that pet waste is causing shellfish closures and you can either have pets going to the bathroom in wetlands or you can clam in clean water. Those are your options. UNIDENTIFIED: Your dog is pooping there, do you have a bag? She said yeah, it is in the car. I said, yeah but, you are not going to, then I just left because I said I didn't want to start arguing Page 110 June 5, 2012 Southold Town Board MeetingMinutes with her anymore too but she owns the hill and she has a house I guess on Central Drive. That's where her house is. SUPERVISOR RUSSELL: Not to create more civil war in your community but we will try to prosecute if you take photographic evidence. We are working with the communities now... UNIDENTIFIED: Terrific. I should have taken pictures. SUPERVISOR RUSSELL: We are working with community groups now that are working with us because we know it is very difficult for us to enforce the pooper scooper law, we have community groups that are willing to take photographs. As long as they are willing to testify in court as to the authenticity of that photograph, we will try prosecuting. UNIDENTIFIED: Thank you. Supervisor Russell SUPERVISOR RUSSELL: Thank you. Anybody else? Anybody? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 10:33 P.M. RESULT: DEFEATED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Kmpski Jr., Councilman AYES: EliT~th A. Neville Southold Town Clerk Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell