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TB-09/25/2012
ELIZABETH 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 q 1800 southoldtown.northfork.net MINUTES September 25, 2012 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, September 25, 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 September 25, 2012 at Meeting Hall, 53095 Route 25, Southold, NY. William Ruland ; Town of Southold ChristoPher Talbot Town of Southold Jill Doherty Town Of S0uth°ld Albert Krupski Jr. Town of Southold Louisa P. Evans Town of Southold Councilman Councilman Councilwoman Councilman Justice Scott Russell Town of Southold Supervisor Elizabeth A. Neville Town 0£ s0uthoid Town Clerk Martin D. Finnegan Town Of S0Uthold Present Present Present Present Present Present Present Town Attorney Present I. Reports 1. Department of Public Works 2. Planning Board 3. Recreation 4. Town Clerk Monthly Report 5. Board of Town Trustees September 25, 2012 Page 2 Southold Town Board Meeting Minutes 6. Judge Evans 7. Judge Price 8. Island Group Employee Health Care Plan 9. Building Department 10. Program for the Disabled II. Public Notices 1. NYSDEC Notice of Complete Application 2. Army Corps of Engineers: Notice of Application III. Communications IV. Discussion 1. 9:00 A.M. - Melissa Spiro 2. 9:15 A.M. - Jim McMahon, Michael Collins, Laura Klahre 3. 9:30 A.M. - Vincent Orlando, Chairman of the Parks, Beaches & Recreation Committee 4. 9:45 A.M. - Jeff Standish, Tim Abrams of the Renewable & Alternative Energy Committee 5. Designate Representative to the Peconic Bay Region Community Preservation Fund Advisory Opinions Bureau 6. Discussion: Waste to Electric Facility 7. Goldsmith Inlet Retaining Wall Budget Modification 8. LL/Amendments to Chapter 275 9. Executive Session - Litigation 10. Executive Session- Labor Special Presentation Jacob Bogden, Seasonal Police Officer Supervisor Scott A. Russell September 25, 2012 Page 3 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: What I would like to do is we are going to have a special presentation, so the first thing I would like to do is call the meeting to order and everybody please rise for the Pledge of Allegiance to the Flag. Before we get to the regular meeting we are going to have a recognition of some officers, one officer in particular, who was an absolute hero and I am going to ask the Chief of Police to sort of give us the narrative on what took place. Chief of Police Martin Flatley CHIEF MARTIN FLATLEY: We had a headquarters recognition that we gave out earlier in the week from an incident that happened on September 2nd, from several officers in our department. i will read the narrative as I wrote it and recognize those officers. At 2:17 AM on Sunday moming, September 2nd, the Southold dispatch center received a call from Diane Walden of Wiggins Street Greenport reporting that she awoke to a large amount of smoke in her house. She had found her husbands bed on fire and was attempting to get him out of the house. Complicating matters even further was Diane's husband, former Chief of Police of Greenport Village Bob Walden, suffers from advanced Alzheimer's disease. Dispatchers immediately activated Greenport fire department and dispatched the call to units working in the Greenport Village area. About 2:18 AM, within one minute of this fire being dispatched over the police radio, Officers Frank Lyburt, Frank Rogers, Robert Bopp, Robert Haase and Jacob Bogden had all anived on the scene. Officers found Diane Walden in the front yard of the residence overcome by smoke and only able to get her debilitated husband, Bob Walden, off the bed and onto the floor but not out of the smoke filled house. Officers Bogden, Bopp, Lyburt and Haase entered the smoke filled house and made their way upstairs towards the bedroom that Chief Walden was in but were turned back by the intensity of the smoke at the top of the stairwell. Officer Jacob Bogden was able to make his way by flashlight through the thick smoke into the bedroom where Walden was lying next to the bed and did drag Chief Walden out of the bedroom, down the hallway and to the other officers waiting at the top of the stairway. All four officers then carried Chief Walden down the stairs and out of the house onto the front lawn, where they began first aid. Upon Greenport fire departments arrival, Chief Walden was treated for smoke inhalation, transported to Eastern Long Island hospital and eventually to Stony Brook University hospital. Officers Bogden, Bopp, Lyburt and Haase were all treated at Eastern Long Island hospital for smoke inhalation and released. Due to the quick response and actions of the above listed officers, Chief Walden and his wife Diane both survived this potentially catastrophic fire. And there is a congratulations for a job well done by all of the above officers. The officers are present in the back, would you take a step forward? Jacob, could you step forward please? Opening Comments Supervisor Russell SUPERVISOR RUSSELL: Jacob, on behalf of the entire Town Board, 'Whereas the Town Board of the Town of Southold on behalf of the residents of Southold Town wishes to honor Seasonal Police Officer Jacob Bogden, who along with other Southotd Town Police Officers responded to a house fire of a residence in Greenport Village on September 2, 2012 and whereas on a Sunday afternoon, all officers responded to a dangerous house fire at a residence in Greenport Village on September 2, 1012 and Whereas on this Sunday afternoon, four officers responded to the house fire call but only Jacob could make it through the heavy smoke into the bedroom to rescue an incapacitated victim. Jacob was able to drag him down the hall, to the top September 25,2012 Page 4 Southold Town Board Meeting Minutes of the stairs, where the other officers were able to assist in getting him out of the house; and whereas Southold Town takes pride in the achievements of its citizens and welcomes the opportunity to recognize the eftbrts of a true North Fork hero; now therefore be it Resolved that the Town Board of the Town of Southold wishes to recognize Jacob Bogden for his quick thinking and heroic actions and we wish to express our sincere appreciation for his service to his community and the residents of Southold Town.' This proclamation is dated September 25, 2012 on behalf of the entire Town Board, job well done. Thank you for everything. I would like to invite the other officers up here as well. Officers Bopp, Haase, Rogers and Lyburt on behalf of the entire Town Board we want to say that you make us all proud. To be able to work with you each and every day. Thank you for all of your effbrts. Congratulations. At this time, would anyone like to comment on any of the agenda items? Please feel free to come forward. Mr. Meinke? Howard Meineke, Mattituck HOWARD MEINKE: I don't remember the number of the one but it has to do with authorizing sewage transfer credits. And I just want to say that I did, as best as I could read it, there is a lot of statements about that it doesn't hurt the environment, etc and so forth so I think your hearts are all in the right place, I would like to say that since we know water quality is degrading and we know that sanitary waste is part of the degradation, when we get sewage transfer credits and we put them in tightly zoned places where the lots are already smaller than the normal lot size is supposed to be, we should look at the nitrate reducing group systems and not just put them in the old fashioned way. And I hope that is on your mind in that bill. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Thank you very much. Would anybody else like to address any of the agenda items? (No response) V. Resolutions 2012-702 cA TEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated September 25~ 2012. ~' Vote Record - Resolution RES-2012-702 [] Adopted [] Adopted as Amended [] Defeated [] Tabled [] Withdrawn [] Supe~wisor's Appt CI Tax Receiver's Appt [] Rescinded [] Town Clerk's Appt William Ruland Christopher Talbot Jill DOherty Yes/Aye No/Nay Abstain Absent Voter Second er Voter [] [] [] [] [] [] Albert Krupski Jr Voter [] Louisa P. Evans Mover [] Scott Russell Voter [] [] [] [] [] [] [] [] [] [] [] [] [] 0 [] [] September 25, 2012 Page 5 Southold Town Board Meeting Minutes ~ Supt Hgwys Appt [] NO Action 2012-703 CATEGOR~ DEPARTMEN~ Set Meeting Town Clerk Set Next Meeting 10/9/12 4.'30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held~ Tuesda.y~ October 9~ 2012 at the Southold Town HaH~ Southold~ New York at 4:30 P. M.. ,r' ¥ot~ R~ord - Reaolutto~ ~2012-705 ~ Adopt~ ~ R~d~ Alb~ ~pski Jr.:V°t~ ~ ~ ~ ~ ~ ~ Supt Hgwys Appt 2012-700 Tabled 9/11/2012 4.'30 PM CA TEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Chapter II 7 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th day of August 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 117~ Development Rights, Transfer of, in connection with Sanitary Flow Credits" 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 September 25, 2012 Page 6 Southold Town Board Meeting Minutes Law entitled, "A Local Law in relation to Amendments to Chapter 117~ Development Rights~ Transfer oft in connection with Sanitary Flow Credits" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 117~ Development Rights~ Transfer of~ in connection with Sanitary Flow Credits". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 117 of the Code of the Town of Southold is hereby amended as follows: §117-1. P~.~. ............... Title. This chapter shall be known as the "Transfer of Sanitary Flow Credits" §1174 2. Purpose and intent. As set forth in numerous comprehensive planning documents, the Town's goals include the preservation of open space, agricultural lands and recreational landscapes; preservation of the rural, cultural, and historic character of the hamlets and surrounding countryside; preservation of the natural environment and prevention of further deterioration of resources; preservation and promotion ora broad range of housing and business opportunities to support a socioeconomically diverse community; and increased transportation efficiency. To achieve these goals it is the intent and purpose of this chapter to provide for the transfer of sanitary flow credits, if certain conditions are present, and thereby transfer development potential from areas designated for preservation to areas designated as more appropriate for higher-density residential development. Unless expressly permitted herein, the transfer of ~eve!~pment p~tentia! may sanitary flow credits shall not occur in the Town of Southold. §117-~[ 3. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). TRANSFER OF DEVEL©PMENT RIGHTS SANITARY FLOW CREDITS - The process by which de~ sanitar~ flow credits are transferred from one lot, parcel, or area of land in any sending district to another lot, parcel, or area of land in one or more receiving districts. §117-34.~r~"""~....v~....~- ..... '...i~, ...... n.: Appllcabih .ty and general prohibition. A. Applicability. Any and all sanitary flow credit transfers within the Town of Southold shall be in accordance with this chapter. B. General Prohibitions. September 25, 2012 Page 7 Southold Town Board Meeting Minutes If not expressly permitted within this chapter, the transfer of sanitary flow credits is prohibited. All transfers of sanitary flow credits from parcels located outside the Town of Southold boundaries are prohibited. All transfers of sanitary flow credits from or to properties that are not recognized pursuant to §280-9 of the Town Code or that do not contain suff~cient "Buildable Land" area, as defined in §280-4 of the Town Code are prohibited. §117-3 5. Development Rights Bank. The Town hereby establishes a Transferred ...... v .......... e~--~ Sanitary Flow Credit Bank (TDR SFC Bank) in which ~ sanitary flow credits may be received, retained and sold by the Town Board in the best interests of the Town. All ...... ~"~ ..... ~ ......... * '~ o..,o~u*~ sanitary' flow credits transferred into the bank must first be accepted by Town Board resolution in accordance with the terms of this chapter. All receipts and proceeds from sales of~ .-4.ghts sanitary flow credits sold from the Town bank shall be deposited into a special municipal account known as the "Community Preservation Fund," to be used in a manner specified in Chapter 17 of the Town Code. A. The only development right that may be transferred into and out of the TDR SFC Bank is a sanitary flow credit. B. The lands from which ~' '~ ...... '~-~"~ sanitary flow credits to be transferred into the bank were acquired shall remain preserved in perpetuity by a permanent conservation easement or other instrument that similarly preserves community character as defined and set forth in the definition of "community preservation" in Chapter 17 of the Town Code. The easement or other document shall be in a form approved by the Town Attorney. §117-4 6. Sanitary flow credit transfer. The sanitary flow credit transfer will allow the Town to bank sanitary flow credits from preserved land in the TDR SFC Bank, and later sell those credits for use exclusively in connection with affordable housing. The sale price of the credits shall be determined by resolution of the Town Board, and shall consider such factors as the appraised value of the sanitary flow credit and the public benefit provided to the community. All transfers of Sanitary Flow Credits within the Town of Southold pursuant tr, thk chapter must pass through the TDR SFC Bank. A. Designation of sending and receiving districts. (1) The sending district shall be any zoning district in the Town of Southold that is not defined as a receiving district. (2) The receiving district shall be any lands designated Business (B), Hamlet Business (HB), Residential Office (RO), or land designated as Aflbrdable Housing District (AHD) after March 1, 2005. B. Designation of development rights. A development right for the purposes of this chapter, shall be limited to a sanitary flow credit. §117-$ 7. Determination of sanitary flow credit to be deposited into TDR SFC Bank. A. Upon receipt of a contract (executed by the seller) tbr the Town's acquisition of a parcel September 25, 2012 Page 8 Southold Town Board Meeting Minutes of property or the development rights thereon, and prior to the public hearing on the purchase, the Land Preservation Coordinator shall provide to the Town Board a calculation of the sanitary flow credits available, subject to survey, for transfer from the parcel of property upon the closing of the contract in accordance with its terms. Following the closing on the parcel, sanitary flow credits shall be placed into the Town TDR SFC Bank by resolution of the Town Board, which resolution shall set forth the number of sanitary flow credits and the source of the credits. The Town Clerk shall maintain a log detailing the credits transferred into the bank, as provided by the Land Preservation Coordinator in a form approved by the Town Board. The Town Clerk shall forward the resolution to the Tax Assessor's office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database and GIS system. §117-6 8. Irreversible transfer. No d~ad~w~g-fi~h~ sanitary flow credits shall be transferred back to the sending parcel once the development rights have been transferred. No d4~qotm'n~a~4~ sanitary flow credits may be transferred out of a parcel which has previously had all of its development rights extinguished under the Town of Southold, Suffolk County or New York State acquisition of development rights program or other easement, transfer, restrictive covenant or otherwise. §117-7 9. Procedure for transfer of ...... ~ ......... s... sanitary flow credit from the ~ SFC Bank to receiving district. Upon application of the owner of an individual parcel in a receiving district, the Town Board may permit the transfer of a d~q~h~a~et-~ht sanitary flow credit to such parcel by proceeding in the manner set forth below: A. Notice to adjacent property owners shall be given by the applicant in the same manner as set forth in § 280-159 relating to change of zone applications. B. The Town Board, before publishing notice for a public hearing, shall comply with all State Environmental Quality Review Act (SEQRA) requirements, and costs associated with review shall be paid by the applicant. C. The Town Board, before publishing notice tbr a public hearing, shall, in a written request, instruct the Town Planning Board and the Building Inspector to prepare an official report regarding the proposed transfer, including the Planning Board recommendations. The Building Inspector report shall certify the use in the zone proposed and comment on the proposed project. The Planning Board report and recommendations shall consider the factors set forth in § 117-7E below. D. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed transtbr and cause at least 10 days' notice of such hearing to be published in the official newspaper. E. Before the transfer of ......~. ......... e~..o sanitary flow credits may be authorized to any receiving district, the Town Board shall determine, after evaluating the effects of potential increased development which is possible under the transfer of development rights provisions, that the district contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that there will be no significant environmentally damaging consequences, September 25, 2012 Page 9 Southotd Town Board Meeting Minutes and that such increased development is compatible with comprehensive planning and the development otherwise permitted by the Town and by the federal, state and county agencies having jurisdiction to approve permissible development within the district. ............. , .............. , ...... v .... Sanitary flow credits shall not be transferred out of the school, special assessment or tax districts unless the Town Board determines that there is no other available lot within said district to which a sanitary flow credit may reasonably be transferred and that the transfer does not unreasonably transfer the tax burden between the taxpayers of such districts. Following the public hearing, the Town Board may by resolution authorize the transfer of sanitary flow credits. The resolution shall state that the applicant shall receive a sanitary flow credit certificate, which shall not be signed by the Supervisor and released by the Town Clerk to the applicant until the covenants and restrictions as set forth at § 117-9 have been filed and such filing has been approved by the Town Attorney. §117-810. Sanitary flow credit certificate. A. An applicant must obtain and present a sanitary flow credit certificate to the Building Department prior to receiving a building permit. B. The sanitary flow credit certificate shall state the specific use for the transferred credit and may be used only for construction of the project listed on the certificate. C. The Town Clerk shall maintain a log detailing the sanitary flow credit certificates that have been issued by the Town Board, and such log shall contain the source and location of the transferred credit. D. The Town Clerk shall provide notice of the issuance of a sanitary flow credit certificate to the Town Attorney, Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department. §117-911. Covenants and restrictions. A. Following the Town Board resolution granting a transfer of a sanitary flow credit to a recipient pursuant to the procedures set forth in this chapter, the applicant shall file in the office of the Suffolk County Clerk covenants and restrictions in a form approved by the Town Attorney. The covenants and restrictions shall contain terms and conditions as the Town Board and the Planning Board deem necessary to ensure that the dwelling unit created by the transferred credit remains affordable in perpetuity, and shall be leased or sold only to eligible individuals registered with the Town of Southold Housing Registry. The sale and/or lease of the dwelling unit that has been constructed with the transferred credit shall be administered through the Town of Southold pursuant to the provisions of Chapter 34, Housing Fund, and §§ 280-24 through 280-33 (AHD), and the sale and/or lease price shall be set by resolution of the Town Board. B. A copy of the filed covenants and restrictions must be filed with the Town Clerk within 30 days of the approving resolution. No sanitary flow credit certificate shall be issued until the covenants and restrictions have been filed and such filing has been approved by the Town Attorney. C. The Town Clerk shall forward the covenants and restrictions to the Town Attorney, Tax Assessor's Office, the Land Preservation Department, the Special Projects Coordinator September 25, 2012 Page 10 Southold Town Board Meeting Minutes and the Planning Department for inclusion into the Town database. §117 !~ 1.~2. Revocation. Failure to comply with any of the requirements set forth in this chapter may result in revocation of the transferred sanitary flow credit. A sanitary flow credit may be revoked by Town Board resolution, following a public hearing, after 10 days' written notice of the hearing, by personal semice or certified mail, has been given to the property owner. {}117 11 1.~3. Expiration. Any sanitary flow credit transferred to a recipient for construction of a dwelling unit shall expire and be returned to the bank one year after transfer if the dwelling unit has not been issued a certificate of occupancy, unless an extension of time has been requested by the property owner and granted by the Town Board. A request for an extension of time shall be made one month in advance of the expiration. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in §117-8D. §117 12 14. Return of credit. In the B, HB or RO Zoning District, a property owner may apply to the Town Board to return the transferred sanitary flow credit to the bank and extinguish the affordable housing covenants and restrictions applicable to the property. The Town Board shall hold a public heating on the application, and notice shall be given in accordance with Chapter 55, Notice of Public Hearings. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in § 117-8D. II. 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. III. EFFECTIVE DATE. This chapter shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record ~ Resolution RES-2012-700 [] Adopted [] Adopted as Amended [] Det~ated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Second [] [] [] [] er [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Mover [] [] [] [] [] Tax Receiver's Appt [] Rescinded Albert Krupski Jr. Voter [] [3 [] [] Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell Voter [] [] [] [] [] No Action September 25, 2012 Page 11 Southold Town Board Meeting Minutes 2012-704 CATEGORY: DEPARTMENT: Attend Seminar Police Dept Police Department-D.A.R.E. Recert(fication for PO Brewer RESOLVED that the Town Board of the Town of Southold hereby grants permission to Police Officer William Brewer to attend the D.A.R.E. recertification course on Monda¥~ October 15~ 2012 in Valhalla~ New York. The expense for registration to be a legal charge to the 2012 Juvenile Aid Budget line - A.3157.4.600.200. [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated [] Tabled William Ruland Mover [] [] [] [] [] Withdrawn Christopher Talbot Voter ~I [] [] [] [] Sup~rvisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albe~ Kmpski Jr. Second [] [] : [] [] er [] Rescinded : : ~ ; Louisa P. Evans Voter [] [] : [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-705 CA TE GO R Y: DEPARTMENT: Employment - Town Accounting Appoint Rose M. Aguiar Public Sqfety Dispatcher 1 RESOLVED that the Town Board of the Town of Southold hereby appoints Rose M. Aguiar to the position of a Public Safety Dispatcher I for the Southold Town Police Department, effective September 27, 2012, at a rate of $48,731.54 annually Vote Record - Resolution RES-2012-705 [] Adopted [] Adopted as Amended ~ Yes/Aye No/Nay Abstain Absent Second [] Defeated William Ruland [] [] [] [] er [] Tabled christopher TalbOt Voter [] [] [] [] [] Withdrawn Jill Doherty Voter [] [] [] [] [] Sup~rvisor's Appt Albert Krapski Jr. Mover [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] [] Town Clerk's Appt September 25, 2012 Page 12 Southold Town Board Meeting Minutes [] Supt Hgwys Appt [] No Action 2012-706 CA TEGOR Y: DEPARTMENT: Budget Modification Engineering Capital Budget Mod - Engineening Computer Workstation Financial Impact: To purchase Computer Workstation Monitors for the Engineering Office RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 budget as follows: A.1440.2.200.300 Equipment, Office Equipment $ 300 Total $ 300 To: A.9901.9.000.100 Transfer to Capitol Fund $ 300 Total $ 300 Capital Fund Increase Revenues H.5031.35 Interfund Transfers $ 300 Total $ 300 Increase Appropriation: H. 1680.2.600.100 PC Workstation & Printers $ 300 Total $ 300 Vote Record - Resolution RES-2012-706 [] Adopted [] Adopted as Amended Yes/Aye No/Nay : Abstain Absent [] Defeated [] Tabled William Ruland [] Withdrawn Christopher Talbot Second [] [] [] [] [] Supervisor's Appt Jill Doherty [] Tax Receiver's Appt [] Rescinded Albel~ Kmpski Jr Voter [] [] [] [] Louisa P. Evans Mover [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [21 [] [] Supt Hgwys Appt [] No Action September 25, 2012 Page 13 Southold Town Board Meeting Minutes 2012-707 CA TEGOR Y: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Mattituck Lions Club to HoM Its Annual Halloween Parade in Mattituck, on Monday, October 31, 2012 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Lions Club to use the following roads for its Annual Halloween Parade in Matfituck, on Monday, October 31~ 2012 beginning at 6:00 PM: beginning at the Firehouse, west on Pike Street, South on Westphalia Road, east on Old Sound Avenue, north on Love Lane, east on Pike Street to Mattituck High School, provided they closely adhere to the following five (5) conditions: 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 objects of any kind shall be thrown to event spectators 4. No permanent markings be placed on town, county or state roads or property for the event; 5. Any temporary non-permanent road markings or signs for the event must 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 shall be waived. vote R~Ord - Resolution RE~S-2~!2.707 ~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Mover [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [~ · -- [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Second [] [] [] [] [] Town Clerk's Appt er Scott Russell Voter [] [] [3 [] [] Supt Hgwys Appt [] No Action 2012-708 CA TEGOR Y: DEPARTMENT: Budget Modification Accounting Budget Modification,for Water Quality Testing Financial Impact: September 25, 2012 Page 14 Southold Town Board Meeting Minutes To move the appropriation for Water QualityTestingfrom the Engineers' budget to the Trustees budget for Shellfish Advisory committee use RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund Whole Town budget as follows: From: A. 1440.4.500.200 Engineer, MSS Water Quality Testing $5,000 Total $5,000 To: A.8090.4.100.650 Trustees, Shellfish Advisory Committee $5,000 Total $5,000 Vote Record - R~olution RES-2012-'/0~ [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay_ Abstain Absent [] Tabled William Ruland Second r~ [] [] [] [] Withdrawn Christopher Talhot Voter [~ [] [] [] [] Supervisor's Appt ~ Jill Doherty Mover [] [] [] [] [] Tax Receiver's Appt __ [] Rescinded Albext Krupski Jr. Voter [] [] [] [] [] Town Clerk's Appt Louisa P. Evans Voter [] [] [] [] [] Supt Hgwys Appt Scott Russell Voter [] [] [] [] [] No Action 2012-709 CA TE GO R Y: DEPARTMENT: Committee Resignation Town Clerk Resignation of Melvin PhaJffrom Hist. Pres. Comm RESOLVED the Town Board of the Town of Southold hereby accepts, with regret, the resignation of Melvin Phaff from the Historic Preservation Commission effective immediately, and be it further RESOLVED the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes to fill the vacancy created by the resignation Vote Record - ReSOlution RES-2012-709 '~ [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland : Mover [] [] [21 [2] [] Del~at ed Christopher Talbot Voter [] [] [] [] [] Tabled Jill Doherty Voter [] [] [] [] [] Withdrawn Second [] Supervisor's Appt Albeit Kmpski Jr. er [] [] [] [] September 25, 2012 Page 15 Southold Town Board Meeting Minutes [] Tax Receiver's Appt Louisa P. Evans Voter [] Rescinded Scoit Russell Voter [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-710 CATEGOR~ DEPARTMEN~ Surplus Equip - Non Usable Police Dept Asset #3167, Unusable Equipment WHEREAS the Town Board of the Town of Southold declared the following vehicle as surplus, 2004 Ford Crown Victoria VIN It 2FAHP71W14X164588 Asset//3167 and WHEREAS the Town Clerk advertised for bids for said surplus and received none, now therefor be it RESOLVED that Asset It3167 is to be declared as unusable surplus equipment and disposed of. Vote Record - Re~otution RE8-2012-710 T . . ~ Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated [] Tabled William Ruland Second [] [] [] [] er [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Albert Krupski Jr. Mover [] [] [] [] Louisa P. Evans Voter [] [] [] 0 [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell Voter 1~ [] [] [] [] No Action 2012-711 CATEGOR~ DEPARTMEN~ Budget Modification Public Works DPW Budget Mod. - Equipment Maintenance Financial Impact: Tran{'fer,fimds to cover shor(fidl in Equipment Maintenance & Repair Budget RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Buildings September 25, 2012 Page 16 Southold Town Board Meeting Minutes & Grounds Whole Town budget as follows: From: A. 1620.4.400.300 Dredging Goldsmith Inlet $3,500 To: A.1620.4.400.600 Equipment Maint & Repairs $3,500 ir Vote Ret'ord - R~solaltoa RES-2012-711 ~ ~ Adopt~ D Adopt~ as Ammd~ ~ Tabl~ William Ruled Jill ~h~y ~ R~d~ Alb~ ~pski Jr, ~ To~ Clgk's Appt ~uim P. Evans 2012-712 CATEGOR~ DEPARTMENT: Budget Modification Town Attorney TA Budget Modification Financial Impact: covering expenses associated in connection with legal books and legal research as it relates to a new Westlaw Agreement, including additional publications and continuing legal education services. We recently created one line item for both legol books and legal research and, therefore, need to transfer monies from our Dues and Subscriptions line item to cover our ~Vestlaw bills through the end of this year. RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2012 Town Attorney budget as follows From: A. 1420.4.600.600 A. 1420.4.600.200 A.1420.4.100.100 A. 1420.4.600.300 A. 1420.4.400.600 To: A. 1420.4. 100.200 Town Attorney, Dues & Subscriptions Town Attorney, Meetings & Seminars Town Attorney, Supplies & Materials Town Attorney, Travel Reimbursement Town Attorney, Equip Maint & Repairs TOTAL: Town Attorney, Books/Research Materials $2,200.00 $1,100.00 $600.00 $500.00 $300.00 $4,700.00 $4,700.00 September 25, 2012 Page 17 Southold Town Board Meeting Minutes Vote ~ord~ R~mlu~i0n R~2012-?!2 [] Adopt~ ~ Adopt~ ~ ~d~ ~ Defmt~ YeffAye No/Nay Abstain Absent ~ Wi~ Chfistoph~ Talbot Mov~ ~ ~ : ~ ~ ~ ~ Su~isofs Appt Jill ~h~ Vot~ ~ ~ ~ ~ ~ R~c~d~ ~uisa P. Evans S~ond ~ ~ ~ ~ ~ Supt Hgwys Appt Sco~ R~sell Vot~ ~ ~ ~ ~ 2012-713 CATEGOR~ DEPARTMENT: Budget Modification Information Technology Information Technologies Budget Modification Required for the New Website. Financial Impact: Inter-department budget modification. The cornpletion of the Town's new website required additional funding. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund budget as follows: From: A.1680.4.100.200 PC Parts and Supplies $1500.00 T_..qo: A. 1680.4.400.275 Website Consultant $1500.00 Vote Record. Resolution RES-2012~713 ~ Adopted [] Adopted as Amended [] Del~ated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Second [] [] [] [] el- [] Withdrawn [] Supervisor'sAppt ChristopherTalbo~ Voter--~7- [] 121~[3 [] September 25, 2012 Page 18 Southold Town Board Meeting Minutes 2012-714 CA TE G O R Y: DEPARTMENT: Attend Seminar Information Technology Emergency Management Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Lloyd Reisenberg to attend a seminar on being a Public Information Officer in Yaphank,NY, on October 11, 2012. All expenses for registration, travel to be a legal charge to the 2012 budget (meetings and seminars). Vote R~or d - Re~olution RGS-2012-714 ~ Adopted D ~feat~ Yes/Aye No~ay Abstain Absent 0 Tab]~ ~~ ~ O 0 0 0 wi~ C~stoph~ Tal~t Vot~ ~ Su~is~'s Appt Jill ~h~y ~ Tax R~v~s Appt AIb~ ~pski Jr. S~ond ~uisa P. Evans Vot~ ~ O O O O Town Cl~k's Appt 2012-715 CA TEGOR Y: DEPARTMENT: Authorize Payment Planning Board Refitnd Consulting Fees Resolved, that unused consulting fees paid to the Town in connection with the wireless consulting review of T-Mobile at LIPA, Greenport, SCTM# 1000-45-1 - 14.1, totaling $6,550.00 be refunded to the applicant, T-Mobile NE, LLC. ~' vote Record - Resolutio ~ RES-2012-715 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated Second William Ruland [] [] [] [] [] Tabled er [] Withdrawn Chrisi;phe; Talbot Voter [] 0 [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Alberl Krupski Jr. Mover [] [] [] [] = [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [3 -- [] E} Supt Hgwys Appt [] NO Action September 25, 2012 Page 19 Southold Town Board Meeting Minutes l I I 2012-716 CATEGORY: DEPARTMENT: Budget Modification Information Technology Information Technologies Budget Modification for 1BM Hardware Maintenance. Financial Impact: Have to move funds to pay for an unexpected increase in the yearly IBM server maintenance. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund, Information Technologies budget as follows: From: A. 1680.4.400.559 A/S 400 Software Maintenance $1300.00 A. 1680.4.100.554 Tapes and Diskettes $800.00 To~: A. 1680.4.400.350 Server Maintenance $2100.00 Vote IReeord - Resolution RES-2012-716 [] Adopted F~ Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Second [] [] [] [] er [] Supervisor's Appt Jill Dohcrty ' Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Albert Kmpski Jr. Voter [] [] [] Fl [] Town Clerk's Appt Louisa P. Evans Mover [] [] [] [] [] Supt Hgwys Appt Scott Russell Voter [] [] [] [] [] No Action 2012-717 CATEGOR~ DEPARTMENT: Budget Modification Planning Board 2012 Budget Modification - Phmning Board Financial Impact: The Planning Department requires a dedicated mobile computer to.fitcilitate its.frequent public meetings, work sessions, meetings' with applicants and Comprehensive Plan meetings. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General September 25, 2012 Page 20 Southold Town Board Meeting Minutes Fund Planning Board budget as tbllows: From: B 8020.1.100.300 Vacation Earnings 1,200.00 To: B 8020.2.200.400 Computer 1,200.00 Vo~ R~ord - Reaolulion RE~2012-717 Adopted Adopt~ as Am~d~ Yes/Aye No/Nay Abstain Absent D~t~ Tabl~ William Ruland Vot~ ~ ~ ~ ~ Wi~wn Chfistoph~ Taint Mov~ ~ 0 ~ ~ T~ R~eivWs Appt AI~ ~pski Ir. Vot~ ~ ~ ~ ~ R~ind~ ~uisa P. Evans S~ond ~ ~ ~ ~ Su~ H~s Appt Scoa R~sell Vot~ ~ ~ ~ ~ 2012-718 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute an Agreement Between the Town qf Southold and the Suffolk County Office of Community Development RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and the Suffolk County Office of Community Development, in connection with the 2012 Community Development Block Grant Program in the amount of $86,039.35, fully funded by the Department of Housing and Urban Development (HUD), subject to the approval of the Town Attorney. Vote R~cord - Resolution RES-2012-718 [] Adopted [] Adopted as Amended [] De feat cxl Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Second [] [] [] [] [] Withdrawn Christopher Taltx)t Voter [] [] [] [] [] Supervisor's Appt Jill Dohelly Mover [] [] [] [] [] Tax Receiver's Appt [] Rescinded Albert Krupski Jr. Voter [] [] [] [] Louisa P Evans Voter [] [] [] [] [] Town Clerk% App~ [] Supt Hgwys Appt Scott Russell Voter [] [] [] [] [] No Action September 25, 2012 Page 21 Southold Town Board Meeting Minutes 2012-719 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute the Lease Agreement Between the Town of Southold and Suffolk County Office for the Aging for Acquisition o fa 2012 Ford Passenger Bus RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Lease Agreement between the Town of Southold and Suffolk County Office for the Auinll for acquisition ora 2012 Ford Passenger Bus, Vehicle Identification No. 1FDFE4FS6CDB18851, for a term of five years, subject to the ipproval of the Town Attorney. El Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated [] Tabled William Ruland Mover El Fl ' [] [] [] Withdrawn Christopher Talbot Voter [] ' [] []~ [] [] Supervisor's Appt Jill Doherty Voter [] [] ~ [] · [] Second [] [] [] [] [] Tax Receivers Appt Albert Krupski Jr. er [] Rescinded Louisa P. Evans Vot~ [] · [] [] [] [] Town Clerk's Appt ~ Scott Russell Voter El [] [] [] [] Supt Hgwys Appt [] No Action 2012-720 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute the FuelMaster Agreement Between the Town qf 3buthold and Syn-/Ech Systems, Incorporated RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the FuelMaster Agreement between the Town of Southold and Syn-/Ech Systems~ Incorporated~ regarding maintenance and repairs of the Town's Fuel Management System, for a one year term, at a cost not to exceed $5,575.37, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2012-720 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended Second William Ruland [] [] [] [] [] Defeated cr [] Tabled Christopher Talbot Voter [] [] [] [] September 25, 2012 Page 22 Southold Town Board Meeting Minutes [] Withdrawn Jill Doherty Voter [] [] [] [] [] Supervisors Appt Albert Kmpski Jr. Mover [] [] [] [] [] Tax Receiver's Appt LOuisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-721 CATEGOR~ DEPARTMEN~ Attend Seminar Town Attorney Grants Permission to Assistant Town Attorney, Lori i~ Hulse, to Attend the Seminar Entitled "The 24Th Annual Leon D. Lazer Supreme Court Review" at the Touro Law Center in Central Islip, New York, on October 26, 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 "The 24th Annual Leon D. Lazer Supreme Court Review" at the Touro Law Center in Central Islip~ New York, on October 26~ 2012. All expenses for registration and travel are to be a charge to the 2012 Town Attorney budget. ~ Adopted [] Adopted as A~ncnded [] Defeated Yes/Aye No/Nay Abstain Absent William Ruland Voter [] [] Tabled [] Withdrawn Chrlstopher Talbot Second [] [] [] [] er [] Supervisor's Appt Jill Dohegy Voter [] [] [] [] [] Tax Receiver's Appt , ' Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Mover [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-722 CA TEGOR Y: DEPARTMENT: Budget Modification Police Dept Police Department-Budget Mod Financial Impact: To correct over expended budget line September 25, 2012 Page 23 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund Whole Town budget as follows: From: A.3120.2.500.700 Soft Body Armor $750 To: A.3120.1.300.200 Seasonal/Temp Employees $750 Overtime Earnings Vote Reeord- Resolution RES-2012-~22 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] VI [] [] [] Tabled [] Withdrawn Christopher Talbot · Mover [] [] [] [] [3 Supervisor's Appt Jill Dohcay Voter 1~ [] -- [] [] [] Tax Receiver's Appt Albea Krupski Jr. ' Voter ~ ~ [ : [] ' [] [] [] Rescinded Louisa P. Evans Second [] [] Fl [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell--V°ter [] [] [] [] [] No Action 2012-723 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoint dordan Doroski PT Scale Operator RESOLVED that the Town Board of the Town of Southold hereby appoints Jordan Doroski to the position of part-time Scale Operator for the Solid Waste District, effective September 26, 2012, at a rate oft15.59 per hour. Vote Record - Resolution RES-2012-723 [] Adopted [] Adopted as Amended [] Delbated Yes/Aye No/Nay Abstain Absent Second [] Tabled William Ruland [] [] [] [] er [] Withdlawn Christ0phCr Taib0t Voter [] [] [] [] [] Supervisor's Appt ~ Jill Dohe~ly Mover [] [] [] [] [] Tax Receiver's Appt ~ Alberl Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action September 25, 2012 Page 24 Southold Town Board Meeting Minutes 2012-725 CATEGORY: DEPARTMENT: Attend Seminar Human Resource Center Permission for Karen McLaughlin to Attend Suffolk County Office for the Aging's Regional HIICAP Training on Medicare, NYS EP1C Program for Seniors, Etc. RESOLVED that the Town Board of the Town of Southold hereby grants permission to Karen McLaughlin, Town Director of Human Services, to attend the Suffolk County Office for the Aging's Regional HIICAP (Health Insurance Information, Counseling and Assistance Program) in Hauppauge, on September 27, 2012. Expenses for travel to be a legal charge to the 2012 Programs for the Aging budget. [] Adopted [] Adopted as Amended Yec/Aye No/Nay Abstain Absent [] Tabled ~iiii~m Ruland Mover [] [] [] [] [] Supervisor's Appt Jill Doherty Second 2012-726 CA TEGOR Y: Refund DEPARTMENT: Town Clerk Refund of Disposal Sticker RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $30.00 to Dan Stegner, 470 Windy Point Lane, Southold, NY t 1971, for the purchase of disposal sticker #00349, as he purchased two disposal stickers for the same car #00349 and #05608. Sticker #00349 has been returned. Vote Record - Reaolution RES-2012-726 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter 1~ [] [] [] [] Del~ated Christopher Talbot Voter [] [] [] [] September 25, 2012 Page 25 Southold Town Board Meeting Minutes [] Supervisor's Appt Louisa P. Evans Second [] Tax Receiver's Appt er [] Rescinded Scott Russell Voter [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-727 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk 2012 Turkey Trot RESOLVED that the Town Board of the Town of Southold hereby grants permission to Mattituck-Cutchogue Teachers' Association to use the following route for its 2012 Turkey Trot in Mattituck, on Thursday, November 22, 2012: beginning at Mattituck High School~ head south on Maple Avenue~ cross Route 25 to Reeve Avenue[ head south~ left on to New Suffolk Avenueg proceed east~ right onto Maratooka Roadg proceed south~ loop left on Center Drive and Bungalow Avenue back to right on to Maratooka~ cross New Suffolk Avenue onto Maratooka Lane~ left on Route 251 head west~ right onto Wickham Avenue~ proceed north~ right onto Pike Street~ finish at the school; provided they closely adhere to the following five (5) conditions: 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 objects of any kind shall be thrown to event spectators 4. No permanent markings be placed on town, county or state roads or property for the event; 5. Any temporary non-permanent road markings or signs for the event must 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. The fees have been waived for this event. Vote Record - Resolution RES-2012-727 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent William Ruland Voter [] [] [] [] [] Defeated Second [] Tabled Christopber Talbot er [] [] [] [] [] Withdrawn Jill D°herty Vot-"~-- [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Mover [] iD ! [] [] [] Rescinded Scott Russell Voter [] [] [] [] [] Town Clerk's Appl September 25, 2012 Page 26 Southold Town Board Meeting Minutes [] Supt Hgwys Appt [] No Action 2012-728 CATEGORY: DEPARTMENT: CloseFLlse Town Roads Town Clerk 2012 Crop Walk on Sunday, October 21, 2012 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Town Methodist and Presb,yterian Churches to use the following roads for their Annual Crop Walk in Southold~ on Sunda,y~ October 21~ 2012 from 1:00 PM to 3:00 PM: Wells Avenue~ Pine Neck Road~ Main Bayview Road~ Main Road/Route 25, provided they closely adhere to the following five (5) conditions: 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 objects of any kind shall be thrown to event spectators 4. No permanent markings be placed on town, county or state roads or property for the event; 5. Any temporary non-permanent road markings or signs for the event must 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. Any town fees associated with this event shall be waived. Vote R~cord - ReSOlution RES-2012-728 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Mover [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albe~ Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Sccond [] [] [] [] [] Town Clerk's Appt c~ Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-729 September 25, 2012 Page 27 Southold Town Board Meeting Minutes CATEGORY: DEPARTMENT: Landfill Misc. Solid Waste Management District Commercial Waste Tip Fee Adjustment WHEREAS under the terms of the Town's MSW Removal contract with Winters Brothers, Inc. there has been a disposal fee increase of $1.70/ton, now there for be it RESOLVED that the Town Board of the Town of Southold hereby increases the tip fees charged at the Cutchogue Transfer Station for commercial waste by $1.70 per ton and set as follows: CG (commercial garbage less than 100 tons/month): $92.45/ton CG 100 (commercial garbage greater than 100 tons/month): $79.95/ton Effective date is October 1, 2012 ~ Adopt~ D Tabl~ William Ruled S~ond D Wi~dmm Chdstoph~ Taint Voter ~ Sup~isor's Appt ~ ~ Scott Russell Vot~ ~ Supt Hgwys Appt Comments regarding resolution 729 SUPERVISOR RUSSELL: I just want to make a quick amendment. That should read, that would be effective October 1,2012. 2012-730 CA TE GO R Y: DEPARTMENT.. Committee Resignation Town Clerk Maisano Resignation jbom Youth Bureau RESOLVED the Town Board of the Town of Southold hereby accepts, with regret, the resignation of Danietle Maisano from the Youth Bureau Board, effective immediately. Vote Record - Resolution RES-2012-730 Absent[] [] Adopt~ [] Adopted as Amended Yes/Aye No/Nay Abstain Movcr [] [] [] September 25, 2012 Page 28 Southold Town Board Meeting Minutes [] Del~ated Christopher Talbot Voter [] [] [] [] [] Tabled Jill Doherty Voter [] [] []~ [] [] Withdrawn Second Albert Kmpski Jr. El [] [] [] [] Supervisor's Appt er [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] R~cinded Scott Russell Voter [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-731 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Janice L. Foglia Payroll Supervisor RESOLVED that the Town Board of the Town of Southold hereby appoints Janiee L. Foglia to the position of Payroll Supervisor for the Accounting & Finance Department effective October 1, 2012, rate of pay to remain the same. v' V~te R~ord ~ R~luti0n RE~-2012,731 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent Second [] Tabled William Ruland [] [] [] [] [] Withdrawn Christopher Talbot ~ V~ [2 V1 [2 [] Supervisor's Appt Jill Doherty Voter [] [] [] ~ [] Tax Receiver's Appt Albert Krupski Jr. Mover [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] : [] [] [] [] Supt Hgwys Appt ~ ~ [] No Action 2012-732 CA TEGOR Y: DEPARTMENT: Budget Modification Solid Waste Management District SWMD Budget Modifications Financial Impact: New tires./bt Ford 350 p/u and./brkl(fi; Site visit for repairs' to 8 truck/trailer tires, tires. installation qf forkl~ft RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Solid September 25, 2012 Page 29 Southold Town Board Meeting Minutes Waste District budget as follows: From: SR 8160.4100.225 (Lubricants) SR 8160.1.200.100 (Part Time Employee) To: SR 8160.4.400.625 (Tire Repair) SR 8160.4.100.525 (Payloader/Track Tires) $1,000 $1,000 $ 2,000 $1,000 $1,000 $ 2,000 Vote Rt~ord. Resolution RES-2012~732 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye NofNay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Second [] [] [] [] er [] Supervisor's Appt ' Jill Deherty Voter g~ [] [] [] [] Tax Receiver's Appt -. [] Rescinded Albert Krapski Jr. Voter [] [] [] [] Louisa P. Evans Mover [] [] [] [] [] Tows Cleck's Appt [] Supt Hgwys Appt Scott Russell Voter [] [] [] [] [] No Action 2012-733 CA TEGOR Y: DEPARTMENT: Committee Appointment Town Clerk Amend Resolution No. 2011 - 769 BOAR Appointments and Dates RESOLVED the Town Board of the Town of Southold hereby amends resolution No. 2011-796 to correct an appointment date for the Board of Assessment Review as follows: RESOLVED the Town Board of the Town of Southold hereby appoints Nicholas J. Planamento to the Board of Assessment Review effective immediately through September 30, 2¢! ~ 2012 and reappoints Gerard Schultheis through September 30, 2016. Vote Record - Resolution RES-2012-733 [] Adopted [] Adopted as Amended Yes/Aye : No/Nay Abstain Absent [] Del~ated William Ruland Voter [] [] [] [] [] Tabled Christopher Talbot Mover [] [] [] [] [] Withdrawn Jill Dohe~ty Voter [] [] [] [] [] Supervisor's Appt Albert Krupski Jr Voter [] [] [] [] r3 Tax Receiver's Appt Louisa P. Evans Second [] U [] U [] Rescinded er September 25, 2012 Page 30 Southold Town Board Meeting Minutes [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-734 CATEGOR~ DEPARTMENT: Committee Appointment Town Clerk Reappoint Nicholas Planamento to BOAR RESOLVED the Town Board of the Town of Southold hereby reappoints Nicholas Planamento to the Board of Assessment Review through September 30, 2017. [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated [] Tabled William Ruland Second [] [] [] [] [] Withdrawn Christopher Talbot Voter gl [] [] [] [] Supervisor's Appt Jill Doherty Mover [] [] [] [] [] Tax Receiver's Appt [ [] Rescinded Albert Kmpski Jr. Voter [] [] [] [] [] Town Clerk's Appt Louisa P. Evans Voter [] [] [] [] [] Supt Hgwys Appt Scott Russell Voter [] [] [] [] [] No Action 2012-735 CATEGOR~ DEPARTMEN~ Sanitary Flow Credits Land Preservation &mitary Flow Credits - TNC (Manor Grow,) Properties WHEREAS, on September 12, 2012, the Town of Southold purchased Fee Title to properties owned by The Nature Conservancy, Inc. (formerly owned by Manor Grove Corporation) identified as SCTM #1000-53-1-1.2 and 1.3; and WHEREAS, said purchase included a joint 50%/50% acquisition by the Town and County of 28.74 acres and a separate acquisition by the Town of 0.722 acres; and WHEREAS, 25.45 acres of said property is located within the Low-Density Residential R-80 Zoning District and 4.389 acres of said property is located within the Limited business (LB) Zoning District; and September 25, 2012 Page 31 Southold Town Board Meeting Minutes WHEREAS, said property is located within the Greenport School District; and WHEREAS, the deeds recorded as part of the purchases prohibit the use of the properties for any residential, commercial or industrial uses and prohibits the use of the properties for anything other than open space; and WHEREAS, as per Section 117-5 (Determination of Sanitary Flow Credit to be Deposited in the SFC Bank) of the Town Code, the Land Preservation Coordinator provided the Town Board with a calculation of the estimated sanitary flow credits available for transfer from the above- mentioned parcels prior to the Town Board public hearings on the purchases; and WHEREAS, the Land Preservation Coordinator provided the Town Board with a final calculation of the sanitary flow credits available for transfer from the above-mentioned parcels following the closing on the parcels; and WHEREAS, two (2) sanitary flow credits are available to be placed into the Town SFC Bank as a result of these purchases: one (1) from the Town/County joint acquisition and one (1) from the Town acquisition; be it therefore RESOLVED that the Town Board of the Town of Southold hereby places two (2) sanitary flow credits into the Town SFC Bank from the Town's fee title purchase of the properties identified as SCTM #1000-52-1-1.2 and #1000-53-1-1.3; and, be it FURTHER RESOLVED that the Town Clerk shall enter this transfer of two (2) sanitary flow credits into the Sanitary Flow Credit Log; and, be it FURTHER RESOLVED that the Town Clerk shall forward this resolution to the Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database and GIS system. ,r Vote Record - Resolution RES-2012-735 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Mover [] 12 [] [] [] Withdrawn Christopher Talbot Voter [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Second [] [] [3 [] el. [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell Voter [] [] [] [] [3 No Action September 25, 2012 Page 32 Southold Town Board Meeting Minutes 2012-736 CATEGORY: DEPARTMENT: Budget Modification Public Works Tasker Park Playground Financial Impact: Park & Playground Fund RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund Whole Town Budget as follows: To Revenues: A.2025.00 Appropriations: A. 1620.2.500.850 Special Recreation Facility Park & Recreation $50,000 Tasker Park Improvements Handicapped Playground $50,000 [] Adopted 13 Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [3 [] Withdrawn Christopher Talbot Voter : [] [] [] [] [] Supervisor's Appt Jill Doherty Voter ~ [] [] [] [] Tax Receiver's Appt I Albe~t Krupski Jr. Mov~ : I~1 [] [] [] [] Rescinded : Louisa P. Evans Second [] [] [] [] [] Town Clerk's Appt er [] Supt Hgwys Appt Scott Russell Voter r~ [] [] [] [] No Action Comment regarding resolution 736 SUPERVISOR RUSSELL: Let me just quickly clarify, the Town has long identified the need for an ADA compliant playground for children. We established a budget based on a schematic down at Tasker park. The budget was $50,000. Mr. Charles Reichert who owns the IGA in Southold and Greenport has generously donated $35,000 of the cost to that playground. The remaining $15,000 will be coming out of our parks and playground fund which is a committed account, that is not a tax liability. That is an account when we collect money fbr subdivision fees, so that we can get the job done. 2012-737 CA TEGOR Y: DEPARTMENT: Authorize to Bid Town Clerk September 25, 2012 Page 33 Southold Town Board Meeting Minutes Re-Advertise Old Mill Rd Propery RESOLVED the Town Board of the Town of Southold authorizes and directs the Town Clerk to re-advertise the sale of certain real property described as follows: SCTM No. 1000-106-6-2, N/E Mill Road, Mattituck. ¢' V~te Reeortl -ReSOlution R]K~2012=737 [] Adopt~ ~ ~fmt~ -~ ~ er Jill ~h~y Vot~ ~ ~ ~ ~ ~ R~d~ ~uisa P. Evans Mov~ ~ D ~ ~ Comments regarding resolution 737 JUSTICE EVANS: Do you want to say what that is, Scott? SUPERVISOR RUSSELL: Yes, that is a small parcel in Mattituck, located up near where the Old Mill Inn is. That is a town owned remnant of what was left over from, I suspect, a road dedication many years ago. It is bulkheaded, it would provide access for a boater. It is not a buildable parcel, it is merely a very small parcel along the shorefront, along the creek, that would provide access for any boater who would be interested in buying it. 2012-738 CA TE GO R Y: DEPARTMENT: Public Service Town Attorney Property Cleanup~1595 Lake Drive, Southohl WHEREAS, the Zoning Inspector of the Town of Southold inspected the property owned by Maria F. Bustamante and located at 1595 Lake Drive, Southold, SCTM #1000-59-5-9 and prepared a written report of his findings in the tbrm of a Notice dated August 31,2011; and WHEREAS, said Notice was sent by registered mail to the property owner in the form required under Section 100-7 of the Town Code; and WHEREAS, said Notice included the information that the garbage and debris that existed in the violation of Section 100-4(A) of the Town Code, must be removed from the premises by a date certain; and September 25, 2012 Page 34 Southold Town Board Meeting Minutes WHEREAS, no rehabilitation of the condition of the premises was made, nor was any response received from the owner regarding rehabilitation of the premises; now, therefore, be it RESOLVED that, pursuant to the provisions of Section 100-10 of the Southold Town Code, the Town Board of the Town of Southold hereby assesses the costs and expenses incurred by the Department of Public Works and the Solid Waste Management District in effectuating the cleanup of the property located at 1595 Lake Drive~ Southold~ which totals $456.61 land~ therefore~ said costs and expenses shall be levied against the real property of Maria F. Bustamante~ SCTM #1000-59-5-9~ and shall be collected at the same time and in the same manner as the Town taxes. ¥ote ~rd ~ ~Uflon R~20i2-738 Adopt~ T~bl~ William Ruled Wi~ C~stoph~ Taint Sup~isoes Appt Jill ~hmy Tax R~v~s A~t AIb~ ~pski Jr. R~cmd~ ~uisa P. Evans Comments regarding resolution 738 COUNCILMAN TALBOT: I just wanted to make one comment. It came up today for discussion at the work session and these will come to the Board prior to the work being done, so that the expense will be approved prior to the work being done. 2012-739 CATEGOR~ DEPARTMEN~ Budget Modification Public Works Human Resource Center Lighting/LIPA Grant Financial Impact: None, LIPA Grant Project, lnstcdl LED lighting.fixtures in Human Resource Center, as a LIPA Lighting Grant Project RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund Whole Town Budget, as follows: From: A.5182.4.200.250 To: Street Lighting-Power $12,160. September 25, 2012 Page 35 Southold Town Board Meeting Minutes A.1620.4.400.100 Building Maintenance & Repairs $12,160. Vote Reeor~! - Re~olafion RES~2012-739 ~ [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Second ~ [] [] [] er [] Withdrawn = Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt - ~-- ~ Jill Doherty Mover [] [] [] [] [] Tax Receiver's Appt ~ [] Rescinded Albert Krupski Jr. Voter [] [] [] [] Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Sco~ Russell Voter [] [] [] [] [] No Action 2012-740 CA TE G OR Y: DEPARTMENT: Budget Modification Town Clerk 2012 Budget Modification - Goldsmith's Financial Impact: the stabilization of the beach & road shoulder located along the westerly side of Goldsmith's Inlet. RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2012 budget as follows: From: Appropriations: A.1990.4.100.100 A. 1990.4· 100.200 T~o: Appropriations: A. 1620.4.400.350 Contingencies Unallocated Contingencies Contingencies Police Retirement Reserve Total: $25,000.00 $20,000.00 $45,000.00 Buildings & Grounds, C.S. Goldsmith's Rock Revetment $45,000.00 Total: $45,000.00 Vote Record - Resolution RES-2012-740 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Mover [] [] [] [] [] Delbated Christopher Talbot : Voter [] [] [] [] [] Tabled Jill Doherty Voter [] [] [] [] [] Withdrawn [] Supctwisor's Appt Albert Kmpski Jr Second [] [] [] [] er September 25, 2012 Page 36 Southold Town Board Meeting Minutes [] Tax Receiver's Appt Louisa P. Evans Voter [] Rescinded Scoil Russell Voter [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-741 CA TEGOR Y: DEPARTMENT: Enact Local Law Town Clerk Enact LL Amend Chapter 275 WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28th day of August, 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 heating on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Town Board has considered all comments made at the public heating and corrected Sections 275-4(A)(5) & (10) and 275-5(B)(2)(d) to clarify the reference to wetlands permitted structures, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the following Local Law entitled, "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline" as amended. LOCAL LAW NO. 12 of 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275~ Wetlands 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 tights 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: September 25, 2012 Page 37 Southold Town Board Meeting Minutes § 275-2. Definitions; word usage. ........................ ~,~ r, .............. 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 ~ ......... iai ~^~'~: .... ' ........ ~ ...... ~'~'*^~ living aquatic organisms .......... ., ..... ~, ........ .,, ............................ j. Bo of water within the boundaries of the Town of Southold excluding the Long Island Sound, Lakes and those defined under Creeks. BEACH -- The zone of unconsolidated earth that extends landward from the mean low water line to the seaward toe of a 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 ora 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 platfbrms. CRITICAL ENVIRONMENTAL AREAS -- All sites p~ designated by the Town of Southold and/or Suf'lblk County des~natcd by thc New Yc. rk De?a~mcnt of State as Critical Environmental Areas worthy of protection including but not limited to: Cutchogue Harbor Wetlands, Halleck'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 FLOATING DOCK -- Any structure, raft or floating platform, the intended use of which is to secure a boat or vessel, which is designed to float upon the surface ora water body and is secured in place by poles, pilings, anchors, or any other type of mooring system that provides September 25, 2012 Page 38 Southold Town Board Meeting Minutes access to the water. A floating dock includes the float itself and any pilings or mooting system designed to keep the dock at a fixed point. FUNCTIONAL -- Any structure that has twos6miiatty retained its intended purpose and use ............. v ........~, ..... v ............................, as determined e Board of Trustees. GROIN -- A man-made barrier typically perpendicular to the shoreline used to change the natural httoral drift, prevent erosion,. ................. cntran:os, or protect an area from wave energy. ~ JETTY A man made bamer r,--v ............ a,. ~,^,,~;_, to ..... ~ ..................... ~.40 maintain beach elevation, prevent erosion, and maintain inlet entrances., ,,. v ........ area 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 dom-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 previousm~ eighteen and a half year period. MEAN LOW WATER (MLW) -- The average of all the low water heights observed over the most previous~x~ eighteen and half year period. MOORING -- Anchoring for greater than g4 4~8 hours other than in designated anchorage areas as established by a governmental agency. NONDISTURBANCE BUFFER -- A vegetated area, a minimum of gO feet wide 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 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~ss allowed. Examples include: nat'aral 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 September 25, 2012 Page 39 Southold Town Board Meeting Minutes OPERATIONS (1) The machine excavation and/or removal of material from wetlands, o~ Any m&cr';,'ise activity in freshwater or tidal wetlands or in any area w~th~n Trustee jurisdiction, · ......... o, v,., ~ 'r~.~...~ -~v~o·~ .... ;* ~·^' ,~·o,··~, ~,~;~' ..... ,~,c--~*~'4~,..~.~..~· (2) the placement, repair or removal of structures, including, but not limited to, boats, floating docks, floats, dock components, duck blinds; or on (3) The deposit or discharge of material on any area that results in the transport of said materials into wetlands or othemCse in any area within Trustee jurisdiction; or (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 ohhemq, se in any area within Trustee jurisdiction; or (5) Removing or otherwise affecting the growth of plants in wetlands or ~*~' .... '~ ........ ~oo in any area within Trustee jurisdiction. ORDINARY AND USUAL MAINTENANCE -- Actions on a wetlands 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. ~ PIER LINE -- The average seaward projection of one or more existing permitted docks, piers, SEASONAL STRUCTURES--- Structures that may not be installed prior to April I of each calendar year and must be removed by December 1 of each calendar year. 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 surroun lng waters .... w·.v .......... , ................ v ..... ; ............. v· ~j ........ SOUND -- Includes the following: Long Island Sound, Fishers Island Sound and Block Island Sound. SWIM PLATFORM - Any structure, raft or floating plattbrm, that is not intended to be used to secure a boat or vessel, which is designed to float upon the surface of a water body and is secured in place by poles, pilings, anchors, or any other type of mooring system that provides access to the water. A swim platform includes the platform itself and any pilings or moorinE system designed to keep the platform at a fixed point. TOWN WATERS -- All the waters within the boundaries of the Town of Southold lying over patent lands. ~c ~ ~c,.;,;~_ ~ September 25,2012 Page 40 Southold Town Board Meeting Minutes 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 alteruiflora), salt hay grass (Spartina patens), black grass (Juncus gerardii), saltworts (Salicomia spp.), sea lavender (Limonium spp.), marsh elder (Iva frutescens), groundsel (Baccharis halimfolia), marshmallow (Hibiscus spp.). § 275-3. Findings; purpose; jurisdiction; setbacks. Purpose. It is the intention of this chapter to ensure for the citizens of the Town of Southold the protection, preservation, proper maintenance and use of its wetlands, giving due consideration to the reasonable economic and social development of the Town. In addition, the Town Board declares that it is the intention of this chapter to regulate the type and placement of fixed and floating piers and docks for the protection, preservation, proper maintenance and use of its waters and wetlands. Therefore, the Town Board declares that the regulation of the wetlands of the Town of Southold is essential to the health, safety and welfare of the people of the Town of Southold. The wetlands shall be regulated in order to maintain and contribute to the following resource area values and the attributes and functions they possess: protection of public and private water supply; groundwater; flood control; erosion and sedimentation control; storm damage prevention; water pollution control; fisheries; shellfish, including spawner sanctuaries; wildlife habitat; agriculture; aquaculture; aesthetics; public access and recreation. In addition, the following resource area values shall be maintained and protected: prevention of flood damage by limiting of development in flood hazard areas; prevention of damage to structures and natural resources as a result of erosion; improvement of water quality; protection and enhancement of existing vegetation cover in order to maintain water quality and wildlife habitat: protection of wildlife, waterfowl, and plant habitat and the maintenance of existing populations and species diversity; prevention of loss or degradation of critical wildlife and plant habitat; prevention of new stormwater runoff discharge and the improvement of existing stormwater runoff discharges; protection of coastal ecosystems which support the continued viability of harvestable shellfish and finfish habitat; public access to water and land; improvement of groundwater recharge; and the minimization of the impact of new development, restoration and/or expansion on the resource area values listed above. The provisions of this Chapter are not intended to supercede the requirements of Chapter 236 of the Town Code. Jurisdiction: The following areas are subject to protection under Chapter 275 of the Code of Southold. ( I ) 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; September 25, 20 l 2 Page 41 Southold Town Board Meeting Minutes (3) (4) (5) (6) 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) ......... e. Top of bluff. [4] Swimming pool and related structures: !99 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 ............. homcultural operation landward of the wetland boundary. (5) The ordinary and usual maintenance or repair on a wetlands permitted structure (of the same dimensions) of a functional building, dock, pier, wharf, jetty, groin, dike, dam or other water-control device or r ..... ~;~ ~,~.~,. ........ ,~ structure, .......................... and (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. v,,ithin (I0) 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, wetlands permitted structure, don,aer-smml (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 iurisdiction and the operations. {44-)(1~4) 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 September 25, 2012 Page 42 Southold Town Board Meeting Minutes (2) 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. ~ ~ ................ O ~ 7ova . The following operations will be considered for administrative review, in accordance with the standards set forth in §275-11: (d) Remodeling or renovation o-r-xeeonstmc4io~ of a wetlands permitted structure, provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. (4OLg) Construction or installation of drainage structures for the retention of nmoff, 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. (4-)(h)Cutting of common reed (Phragmites australis) to within 12 inches of the soil surface landward of the wetland boundary. This does not include mowing to ground level. (:j-)(i) The construction of a permitted bulkhead as per §275-11, which is to replace an existing functional bulkhead, subject to the following: (-k)(i) Minor changes to existing, valid Trustee permits. The Trustees reserve the right to determine whether the changes qualify for administrative review. (40(k) Minor restoration or alterations of landscaping. On)OD. Decks. 0:v)(m) Minor alterations to existing wetlands permitted shoreline structures including stairs, bulkheads and docks. (~)[g) 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. September 25, 2012 Page 43 Southold Town Board Meeting Minutes (p) 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. (3) Any such activities sba!! may require the addition of a nonturf buffer area net e~,~2494~,/i4~ 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!crk 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 one, 2,'ear 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. (14) Drainage upgrade. At the diacrcti~n .......... d, In addition to the requirements of Chapter 236, 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 rainlhll 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. Waiver of certain requirements. The Trustees, upon request of the applicant for a permit, may waive, in whole or in part, the provisions of Article 11, § 275-6A(8), (11), (14) or § 275-1 IA(2) where it finds that the nature of the proposed operations is such that the requirements of such provisions are not necessary for a proper consideration of a permit application. The resolution providing for the waiver shall clearly indicate why the waiver was granted. Notwithstanding the foregoing, a waiver of the requirements of §275- 6(A)(14) shall not relieve the applicant of the obligations to comply with the requirements of Chapter 236. September 25, 2012 Page 44 Southold Town Board Meeting Minutes § 275-7. Fees. Every non-administrative application for a ~ wetlands permit filed with the Clzrk 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 sma, am-ms activities or operations that have been previously 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 :qua! tc ....... :~ a~.~ t by th · 2 ..........r^~, r ..... :a~+~ ..a .................... 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 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 ma,/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. Investigation and coordination. Upon receipt of the application, the C-kc-k--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, ~, one-c-opy-to the Planning Department, and ~ the Zoning Board, ~ of the Trastccs. 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, for~vard 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/brth in such report. If no response is received within 20 days,. .... rt~ .................. ^ '~"; .... '~ ..... :~ revicw, the review by the Conservation Advisor,/Council shall be deemed waived. Administrative permits. An administrative permit includes operations that are deemed to have no adverse environmental impact, and a public hearing and notice are not required prior to issuance of a permit. The c,.~ September 25,2012 Page 45 Southold Town Board Meeting Minutes § 275-10. Contents of permit. 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. 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 Cl~rk 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. 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 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." 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 Suftblk 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." September 25, 2012 Page 46 Southold Town Board Meeting Minutes A statmnent 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 proiection 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. (b) Temporary or seasonal snow fences, at the Trustees' discretion, may be permitted upon a showing of need for erosion control. (c) Fences on a beach shall be perpendicular to the waterline and not closer than 40 20 feet to MHW the apparent high water mark. (_d) Only one posted sign per 100 linear feet offence 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 Enfbrcement, Ccdc " 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 Enfbrcement,Ccde ~ 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 September 25, 2012 Page 47 Southold Town Board Meeting Minutes (6) 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. atforms ............ v ................ r .......... on or n~. ~"~ (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. (c) Bulkheads on the Sound mu:t may be armored with stone. (d) 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. (f) 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. (g) The use of tropical hardwoods is not permitted unless it is certified by the Forest Stewardship Council or similar organization. (h) New bulkheads in creeks and bays are prohibited, unless the operation involves construction of a low-sill bulkhead. unless sr, ccifica!!y authorized b~kpc,wr,,it. No discharge pipes are allowed out of or over bulkheads unless permitted by the Trustees. September 25, 2012 Page 48 Southold Town Board Meeting Minutes (lc)0) 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. in water. (1) 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, on-themptand on the landward end of the ietty or groin as necessary, not less than 5:': four feet in width, to enable persons to pass and repass over said structure by steps or a ramp allowing pedestrian passage. (2) Docks. [6] All docks and floats shall have the street address of the subiect premises ~,t,vivv ..... v ............... permanently affixed to the most seaward face for identification. Said numU~c,r: address shall be at least three inches high and constructed of metal, wood, plastic or other material such that they can withstand exposure to the elements and are visible from the water. [7] Except for structures used for water-dependent uses, there shall be no permanent structure located on or above the docks, ramps and floats. [8] 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. [9] 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, n~t.~o~ *~'~-~,~.. r,,,~l~. ~ .~,c~' :~ .... ,, ;.4.~,~,~., 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. [t 1 ] 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] 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, September 25,2012 Page 49 Southold Town Board Meeting Minutes (b) waterway or property. Lights shall not be on unless the dock is in active use. [13] 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 components, duck b!in~g 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 ma,/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 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 ~ssued · ~.~.., ,~.~ -~ .......... t ~-.~ .... : ..... c,~.~ -,--.~,~ 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. Vote Record - Resolution RES-2012-741 [] Adopted [] Adopted as Amended . [] Del~ated Yes/Aye No/Nay Abstain Absent [] Tabled Second William Ruland [] [] [] [] [] Withdrawn er [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [3 Tax Receiver's Appt Jill Doherty Voter [] El [] [] [] Rescinded Albert Kmpski Jr. Voter [] [] [] [3 [] Town Clerk's Appt Louisa P. Evans Mover [] [] [] [] [] Supt Hgwys Appt Scott Russell Voter [] [] [] [] No Action [] = Next: 10/9/12 4:30 PM September 25, 2012 Page 50 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 at 8:03 PM 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 9/25/12 ~ 7:32 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 28th day of August, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 25th day of September, 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 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". 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. Il. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: § 275-2. Definitions; word usage. Unless otherwise expressly stated, the following terms September 25, 2012 Page 51 Southold Town Board Meeting Minutes 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). AD,~ {INIETP~a. TIVE, PERMIT. .^. vv.....,---:+ --v-~:-*~'~'~ +~.v Fro.;'ido an oxpoditod roview for projects AQUACULTURE -- The raising or cultivation ofva~ ........... ............... j .......... , ................. v n ua c or sms. .......... a, .... ~, ........ ;, ........................... ;. Bo of water within the boundaries of the Town of Southold excluding the Long Island Sound, Lakes and those defined under Creeks. BEACH -- The zone of unconsolidated earth that extends landward from the mean low water line to the seaward toe of a 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. CRITICAL ENVIRONMENTAL AREAS -- All sites !~ designated by the Town of Southold and/or Suffolk County ~csignatc~ by the New York Depa~mev~ 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 FLOATING DOCK -- Any structure, raft or floating platform, the intended use of which is to secure a boat or vessel, which is designed to float upon the surface of a water body and is secured in place by poles, pilings, anchors, or any other type of mooring system that provides access to the water. A floating dock includes the float itself and any pilings or mooring system designed to keep the dock at a fixed point. September 25, 2012 Page 52 Southold Town Board Meeting Minutes FUNCTIONAL Any structure that has ........... ~ retmned its intended purpose and use within ................ r ........ ~, ..... v .......................... , 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, ' ' ' , or protect an area fi.om wave energy. ~ JETTY -- A man-made bamer v,--v .......................... used to ..... ~, .................... d~, maintain beach elevation, prevent erosion, and maintain inlet entrances., cr prc, tcct mn m-cc. LOW-PROFILE JETTIES -- The definition of a low-profile jetty is site specific, but typically is a structure no higher than 18 inches ,c ,,. inc,cr, 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 previousm~ao~e~a~pe~ eighteen and a half year period. MEAN LOW WATER (MLW) -- The average of all the low water heights observed over the most previousmmo~ eighteen and half year period. MOORING -- Anchoring for greater than g4 4~8 hours other than in designated anchorage areas as established by a governmental agency. NONDISTURBANCE BUFFER -- A vegetated area, a minimum cf 29 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 i~s allowed. Examples ~nclude ......... native_ vegetanon, 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 ............... j ...................................... area. OPERATIONS September 25, 2012 Page 53 Southold Town Board Meeting Minutes (1) The machine excavation and/or removal of material from wetlands, o~ Any othem4se activity in freshwater or tidal wetlands or in any area within Trustee jurisdiction, including, but not limited to, (-2-) The deFosit er discharge cf mate~a! (2) the placement, repair or removal of structures, including, but not limited to, boats, floating docks, floats, dock components, duck blinds; or e.n wct!r~n~s e~r ~thzr:.'is~ within Trastze jurisdiction. (3) The deposit or discharge of material on any area that results in the transport of said materials into wetlands or otta~m4se in any area within Trustee jurisdiction; or (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 otl~mqse in any area within Trustee jurisdiction; or (5) Removing or otherwise affecting the growth of plants in wetlands or .~thcr:,Sse in any area within Trustee jurisdiction. ORDINARY AND USUAL MAINTENANCE -- Actions on a wetlands 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. ~ PIER LINE -- The average seaward projection of one or more existing permitted docks, piers, wharves or SEASONAL STRUCTURES--- Structures that may not be installed prior to April 1 of each calendar year and must be removed by December 1 of each calendar year. 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, r, ..... ~., ;_~,..~a ~:~, t. ........ ~,~ .......... .~ ~,, .... ~ .... SOUND -- Includes the following: Long Island Sound, Fishers Island Sound and Block Island Sound. SWIM PLATFORM - Any structure, raft or floating platform, that is not intended to be used to secure a boat or vessel, which is designed to float upon the surface of a water body and is secured in place by poles, pilings, anchors, or any other type of mooring system that provides access to the water. A swim platform includes the platform itself and any pilings or mooring system designed to keep the platform at a fixed point. TOWN WATERS -- All the waters within the boundaries of the Town of Southold lying over patent lands. (~ WETLANDS (TIDAL) September 25, 2012 Page 54 Southold Town Board Meeting Minutes (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 alterniflora), 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.). § 275-3. Findings; purpose; jurisdiction; setbacks. Purpose. It is the intention of this chapter to ensure for the citizens of the Town of Southold the protection, preservation, proper maintenance and use of its wetlands, giving due consideration to the reasonable economic and social development of the Town. In addition, the Town Board declares that it is the intention of this chapter to regulate the type and placement of fixed and floating piers and docks for the protection, preservation, proper maintenance and use of its waters and wetlands. Therefore, the Town Board declares that the regulation of the wetlands of the Town of Southold is essential to the health, safety and welfare of the people of the Town of Southold. The wetlands shall be regulated in order to maintain and contribute to the following resource area values and the attributes and functions they possess: protection of public and private water supply; groundwater; flood control; erosion and sedimentation control; storm damage prevention; water pollution control; fisheries; shellfish, including spawner sanctuaries; wildlife habitat; agriculture; aquaculture; aesthetics; public access and recreation. In addition, the following resource area values shall be maintained and protected: prevention of flood damage by limiting of development in flood hazard areas; prevention of damage to structures and natural resources as a result of erosion; improvement of water quality; protection and enhancement of existing vegetation cover in order to maintain water quality and wildlife habitat: protection of wildlife, waterfowl, and plant habitat and the maintenance of existing populations and species diversity; prevention of loss or degradation of critical wildlife and plant habitat; prevention of new stormwater runoff discharge and the improvement of existing stormwater runoff discharges; protection of coastal ecosystems which support the continued viability of harvestable shellfish and finfish habitat; public access to water and land; improvement of groundwater recharge; and the minimization of the impact of new development, restoration and/or expansion on the resource area values listed above. The provisions of this Chapter are not intended to supercede the requirements of Chapter 236 of the Town Code. Jurisdiction: The following areas are subject to protection under Chapter 275 of the Code of Southold. (1) Any freshwater wetland, tidal wetland, beach, bluff; dune, flat, marsh, swamp, (2) (3) (4) wet meadow, bog, or vernal pool; Any creek, estuary, stream, pond, canal, or lake; Land under water; Land subject to tidal action; September 25, 2012 Page 55 Southold Town Board Meeting Minutes (5) (6) 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) 134uff4in~. Top of bluff. [4] Swimming pool and related structures: I00 5_Q feet. § 275-4. Exceptions. A. 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 ~'~ .... o~r ............ 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 structure c ..... u:~u .,-.~,. (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. (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 waterbod¥ that is the source of Trustee iurisdiction and the operations. 614)(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 September 25, 2012 Page 56 Southold Town Board Meeting Minutes (2) 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 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. 00~g) Construction or installation of drainage structures for the retention of runoff, provided that such structures incorporate the maximum feasible setback fi.om wetlands and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. (4-)(h)Cutting of common reed (Phragmites australis) to within 12 inches of the soil surface landward of the wetland boundary. This does not include mowing to ground level. O) ~1~)The construction of a permitted bulkhead as per §275-11, which is to replace an existing functional bulkhead, subject to the following: ¢)l~j) Minor changes to existing, valid Trustee permits. The Trustees reserve the right to determine whether the changes qualify fbr administrative review. 0) k~) Minor restoration or alterations of landscaping. 6m) l~ Decks. CO(m) Minor alterations to existing permitted shoreline structures including stairs, bulkheads and docks. 1~)1~9) 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. (q~ o(~) An application fbr proposed aquaculture activity that includes surface mounting gear in an area greater than five square yards. (p) Deer fences if located a minimum of 25 feet landward of the September 25, 2012 Page 57 Southold Town Board Meeting Minutes (3) wetland boundary line or bulkhead line, whichever desigj~ated line is most landward. Under no circumstances are deer fences permitted in a non- disturbance area. Any such activities aka!! may require the addition ora nonturf buffer area net to ~ 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 CAer& 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 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. (14) Drainage upgrade. ............................. , In addition to the requirements of Chapter 236, 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. Waiver of certain requirements. The Trustees, upon request of the applicant for a permit, may waive, in whole or in part, the provisions of Article II, § 275-6A(8), (11), (14) or § 275-1 IA(2) where it finds that the nature of the proposed operations is such that the requirements of such provisions are not necessary fbr a proper consideration of a permit application. The resolution providing for the waiver shall clearly indicate why the waiver was granted. Notwithstanding the foregoing, a waiver of the requirements of §275- 6(A)(14) shall not relieve the applicant of the obligations to comply with the requirements of Chapter 236. § 275-7. Fees. September 25, 2012 Page 58 Southold Town Board Meeting Minutes Every non-administrative application for a :F-mstees wetlands permit filed with the~-ler4~ 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 $59. $100. For stmc-mr~s activities or operations that have been previously 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 ~,~ er. ~.~ ............................................ s 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 CAed~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, ~, o~-~q~py-to the Planning Department and one-eop's~m the Zoning Board ~-~ ........ ~. 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 p i i d ithi 20d +~' .... ~;~+~^" ^ a,,; .... r~ ..... ;~ .... ; .... the review by the Conservation Advisory Council shall be deemed waived. Administrative permits. An administrative permit includes operations that are deemed to have no adverse environmental impact, and a public hearing and notice are not required prior to issuance of a - TI~= Il,-.1 A~.;o; ..... permit ................................... § 275-10. Contents of permit. t~.C~. The conditions imposed by the Trustees on the issuance of the permit. September 25, 2012 Page 59 Southold Town Board Meeting Minutes ~..D_~.The specific location of the areas to be affected by the operations of the permittee. ~..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. t4:.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). g.H~. 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 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 September 25, 2012 Page 60 Southold Town Board Meeting Minutes (3) (4) (6) must, in any event, comply with the requirements of Chapter 236. See also §275- 6A(I 4) for requirements. 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 hom~ on either side of the subject lot. 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. ,~4amts. (b) Temporary or seasonal snow fences, at the Trustees' discretion, may be permitted upon a showing of need for erosion control. Suck (c) Fences on a beach shall be perpendicular to the waterline and not closer than -143 20 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, Cz~z ~ 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,Cc,~z ~ 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. ~ Platforms. XT~ ,4~! ...... I~+C .... h.ll !~ .... :~-~-~A ......... ........... v ................... v .................... blufl~. September 25, 2012 Page 61 Southold Town Board Meeting Minutes ~ 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. (c) Bulkheads on the Sound ...... may be armored w~th stone. (d) 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. (f) 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. (g) The use of tropical hardwoods is not permitted unless it is certified by the Forest Stewardship Council or similar organization. (h) New bulkheads in creeks and bays are prohibited, unless the operation involves construction of a low-sill bulkhead. 0)6) No discharge pipes are allowed out of or over bulkheads unless permitted by the Trustees. (k)(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. (4)(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. ('.n)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. In water. ( 1 ) Jetties (g) and groins; general rules. All applicants for jetties and groins extending across the foreshore shall be required to give and maintain a public passing way, o~hemphnd on the September 25, 2012 Page 62 Southold Town Board Meeting Minutes (2) (b) landward end of the jetty or groin as necessary, not less than fi;'c four feet in width, to enable persons to pass and repass over said structure by steps or a ramp allowing pedestrian passage. Docks. [6] All docks and floats shall have the street address of the subject premises ~vvluv .....v ............... permanently affixed to the most seaward face for identification. Said mambem address shall be at least three inches high and constructed of metal, wood, plastic or other material such that they can withstand exposure to the elements and are visible from the water. [7] Except for structures used for water-dependent uses, there shall be no permanent structure located on or above the docks, ramps and floats. [8] Any application for a dock to be constructed at the end ora fight-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. [9] 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, -~' ................................ , 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 ] 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] 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] 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 components, fiuck ~!infig 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. September 25, 2012 Page 63 Southold Town Board Meeting Minutes A valid Trustees' permit ~ 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, shall net be trmnsfm'red er aggi~ed without the p~or aFFrcva! mhd review of the Trasteeg. 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. I have a notice that it was posted on the Town Clerk's bulletin board on September 6, 2012. That it was posted on September 13, 2012 in the Suffolk Times. Pursuant to requirements to sections A 14-14 through A 14-25 of the Suffolk County Administrative code the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county wide or inter community impacts. A decision of local determination should not be construed as either an approval or a disapproval. That is from Sarah Lansdale, Director of Planning and Andrew Freleng, Chief Planner. From the Southold Town Planning Board, 'Thank you for the opportunity to provide comments on the proposed local law in relation to amendments to chapter 275, wetland and shoreline, amendments to the town code referenced above. The Planning Board has reviewed the proposed amendments and supports the changes.' A letter from Principal Planner and LWRP Coordinator Mark Terry 'The proposed local law has been reviewed to chapter 268, waterfront consistency review of the Town of Southold town code and the local waterfront revitalization policy standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is consistent with the LWRP policy standards and therefore is consistent with the LWRP. This recommendation is made with consideration that actions located within the coastal erosion hazard area will be reviewed and compliant with chapter 111 coastal erosion hazard area of the Southold town code. Pursuant to chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action.' And one more, it is from Lillian Ball, '1 am unavoidably out of town tbr tonight's discussion but I would like to reaffirm the importance of previous comments made by many in the Southold environmental community. No setbacks or buffer zones (for houses, pools etc.) should be reduced. We need every inch to protect our already imperiled water bodies. Southold's future health and economic well being depends on it. Sincerely, Lillian Ball' And that is it. September 25, 2012 Page 64 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Yes, I am going to go to public comment. I did want to mention to everybody that chapter 275 amendments have been subject to previous public hearings. The draft that you have before you has tried to include all of the input that we have received on this issue in the past. We also have, it looks like all 5 trustees here this evening, who will be able to perhaps answer any questions and bring any clarity to any particular issues that you might want to raise. Also, I don't know that the Town Board is in a position to take action tonight. We do want to hear what everybody has to say and then take that back for consideration. With that, I would ask, Mr. Meinke? HOWARD MEINKE: Thank you, Scott. I just wanted to say that early in the 275 document, whether it is the one that is right now or the one that was earlier, it said 'and to conform certain regulations to environmentally accepted practice.' Now that is very important because we are learning more and more and it is my opinion that science is fully behind the fact that we are polluting our ground water and our surface water with sewage waste in the form of nitrates. Now the worst, the soonest that the pollution gets from the source into the estuary and into the creeks is on water front property, property that is close to ground water and property that is Iow. This is all property that is under the Trustees jurisdiction. Now I think we have to realize that current septic systems and many of the of the houses that are built in the Trustees jurisdiction and it is not their fault, were built even before there were regulations. Many of them, I know I lived on one of the creeks, Broadwaters creek for a long time and one of the fingers of it, East creek, is permanently closed. And when I go down there, there is cottages up and down both sides, closer than 100 feet to the water and obviously they are at least 50 years old and they have no septic tanks, they have cesspools and they are polluting nightmares. Now I don't know precisely what you can do. I do understand that the Suffolk County Health Department is where we go to get septic approvals but I think that we do know, we know from the universities, we know from Chris Goebler who has made presentations, we know from a meeting up west when we have had politicians all the way up to the State that we are polluting our waters and septic waste is a problem, so what the Trustees can do about it right now I am not quite sure. But they certainly should get their back up and along with the Town Board, if they can't change the way we are doing it themselves, they should beat on Suffolk County Health Department until they get with the program. There are other states that have environmentally sensitive systems and low nitrate systems. Suffolk County Health Department has approved a low nitrate system. Now admittedly it hasn't had a lot of trial but one of our members in our group that are pushing this issue, has received the $60,000 grant to find a group of houses that are willing to make this change to a low nitrate system and it will start to run as a test case and I would like to see Southold pursue that. so again, I am not saying that the Trustees can right now put their foot down and change this but it has to be changed and the Suflblk County Health Department, in my opinion, in our opinion, is not doing its job and you guys, instead of saying yes to what they tell you, should create a stink because this has to be changed and there are politicians from here to New York State that agree that it has to be changed, so backbone is what is necessary. Let's do it. Thank you. COUNCILMAN TALBOT: Thank you. September 25, 2012 Page 65 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular local law? Mr. Hardy. DOUG HARDY: Doug Hardy, Southold. From what I can see from this amendment, we have some good parts to it. I would like to address the purpose which caused me to stumble a bit. In order to protect the natural state of both shoreline and wetlands within the Town of Southold while balancing the rights of property owners. There are other stake holders here, the general public. And I would think that you could substitute both the public good and those of water front property owners. Certainly the property owners, they have rights to access the shorelines. In the mean high water mark, there was a contention several years ago where the public had a right at mean high water. How is this enforced? I think you should include how you are enforcing it in the field. I understand that the Southold Police Department uses the second rack line. But I think it should be clearly stated so that an innocent beach goer would know where it is permitted to walk on the beach. In the section wetlands tidal, here is one comment that I think you will accept. Is in sea lavender, there is a misspelling. You should substitute an 'I' for the 'e'. Is it possible to ask the Trustee's a question? We are in an era of rising sea level. I think most people will accept that and the tide line is now going to be ambulatory. Fortunately for private, for the property owner, it is landward, so that some structures that were at first above mean high water are now finding themselves in the inter-tidal zone and in often cases, it is below mean low water. The, this represents, the ownership, it is my understanding terminates at the high water mark or mean high water. So that any property that is below mean high water permanently is confiscating state title or town titled land. Would that be true? JOHN BREDEMEYER: Hi, I am John Bredemeyer. I am one of your Town Trustees. I have been returned to the Board graciously by the voters of the Town. I was a Trustee for 10 years back in the 90's. In many cases, the Trustees have been handed court decisions that have settled ownership of lands underwater that probably were not too pleased with and while in the general sense many deeds run to the mean high water in both state land and trustee land, it is not universally the case and it is a complex area. With respect to your concerns about traversing the shoreline, I understand, I think I have been here long enough, like yourself, 1 am seeing concrete pillars, small utility buildings, docks, ramps, bulkheads, all actually seaward enough that now you can pass around them in a kayak. But I am not sure the wetlands ordinance is the place we want to control people's riparian access and maybe another dialogue should start to be had concerning the riparian rights of the people of the town in a slightly different context. I am not sure it is entirely going to work for us here. And it is a really difficult issue you know, that we try to take on a case by case basis when we have a permit application before us, it is tough and it is grinding and you see it on the CAC. MR. HARDY: It is important in this sense that if there is an obstruction in a rising sea level, it will eliminate all wetlands gradually and we can see evidence of this where there are bulkheads and the marshes in front of it have disappeared, the tidal salt and mudflats have disappeared. So it is an extremely important issue for this amendment. And if you don't fhce it now, you are going to face it shortly because already New York State in the sea level task force, operated by the New York State Department of State is managing the resources of New York State, by 2080 they are using the criterion that the sea level will be 2 IA feet above the present sea level. In September 25, 2012 Page 66 Southold Town Board Meeting Minutes. 2020, which is less than 10 years from now, it will be 2 to 9 inches above present. If you put then a storm surge on top of that, it will cause a great deal of havoc and it will cause a great deal of environmental as well as private property harm. And so, this amendment should maybe side up with what the state agency is doing and begin to think that the sea level is going to rise and it will be rising for hundreds of years in the future. I won't have to worry about that. but I may see 2020 and if it is 9 inches which is a very good chance, with a storm surge on top of that, it can cause considerable damage. Think of Greenport for instance. MR. BREDEMEYER: You know, Doug, your points are well taken. The coastal erosion hazard act, chapter 111, seeks to address that by the state providing local permitting under state authorization and largely deals with high erosion areas, in other words, the impactive force, the energy based force and really your points are well taken but since most of the areas that are going to be first subject to these problems but the state underwater land ownership and maybe as a growth of the thinking and the methodology that went into the coastal erosion hazard act, were we have drawn basically lines on the bluff, not in the sand but on the bluffto protect those areas that there should be some state support not just merely in general guidelines but in the form of statute that can be passed down to us, similar to the chapter 111 that the Board of Trustees has a code to go by, then it also has a review board in this case the Town Board or ultimately the state DEC because we are sort of given something that has really we have no way to really handle this at this point. MR. HARDY: Why I am bringing this up is that when the New York legislature created the Board of Trustees in its various guises in 1893, it gave the Trustees the authority to manage the lands, I won't go through the whole detail of it but there was a caveat which is a burden now, still, on the Trustees. And this caveat is subject as to lands underwater to the public right of navigation and to the riparian rights of adjoining upland owners. And so your burdened with providing the public with the right of navigation and this is impossible today with the existing bulkhead. I think most of you or many of you have tried to walk the beaches and you just can't delve very far until you find then a bulkhead which prevents, absolutely prevents your passage. And this is apparently illegal. And so t he Trustee, I am not demonizing the Trustees because in the history of this is from 1893 to about 1995 the sea level didn't rise very much. Maybe a millimeter a year and occasionally it did retrogress but after 1995 it began to accelerate so you are now facing a problem where the sea is marching landward and the private property owner pretty soon or actually there are properties now which are probably unmarketable and so many people, private property owners will be facing then a poor real estate decision. I guess that sums up my comments. Depressingly enough. MR. BREDEMEYER: Thank you for letting me answer your questions. I always am impressed with the faith that is put in the Trustees. But our grant also, our historic grant and our particular authority over riparian rights goes to those creeks and closed waterbodies that were specifically mentioned in the patent and there were some adverse decisions concerning underwater lands and those rights and here again, the problems with bulkheads we acknowledge because we see them but they also predominate on the more seaward and open areas that immediately abut the state lands and ! personally am one of those that would like to traverse any bulkhead or (inaudible) if I can't access it, I might even be in a minority position amongst the current Trustees, I haven't September 25, 2012 Page 67 Southold Town Board Meeting Minutes really discussed that directly. But it brings a host of issues that there again will go to the state because an individual wanting to traverse along across a bulkhead where there would be state bottom possibly below, there would be liabilities to the state if a person were to fall off it, so to empower individuals to exercise riparian rights across private lands in an age of rising sea level also brings in that we are going to need the help of our state officials again to address the liability of municipality and the state going forward, if we are going to try to exercise these rights and in most cases, an exercise of these rights is not on Trustee land, so as much as I think some of us, I personally am sympathetic, it doesn't really comport with where we are finding most of the problem and the Trustee's currently have bans on bulkheads in the bays and in the creeks and with few exceptions we try to honor that. MR. HARDY: You are still burdened with providing the public with the right to navigate the shoreline and that you have failed. I am not trying to demonize you because you could get away with it up to about 1995 because the sea level was fairly stable, rising maybe a millimeter a year. But now it has changed and you are stuck with codes that were accepting a stable shoreline. That is no longer the case and won't be for decades, hundreds of years to come. COUNCILMAN KRUPSKI: You are right but a lot of that structure was built in the 1940's, 1950's also. Public access was limited in some cases way back then. MR. HARDY: Well, the solution and perhaps the compromise would be to be is to build then passageways over the bulkheads for the public to enjoy. That would be a compromise rather than but right now, as I could see and I have a variety of Supreme court decisions that would support this is that the Trustees are operating illegally by footing bulkheads below mean high water. Thank you. COUNCILMAN KRUPSKi: Thank you. SUPERVISOR RUSSELL: Thank you. Pat Moore. PATRICIA MOORE: Patricia Moore. In reviewing the proposed changes I noticed that you, 1 had made a request last time that this was heard to define a permitted structure. That definition still remains out of the document and one of the problems with the lack of that definition is that the Trustees, when 275 was first adopted, interpreted permitted structure particularly with docks, wharves or marine structures as structures that had received a Trustee permit. Now we are adding the terminology of permitted structure throughout this code and you are dealing with upland structures, homes, garages whatever. Whatever upland structure we are dealing with and the fact that it now is, Martin that you have used the term permitted structure, most of the homes that are in this community were certainly built with a permit, with a CO or a pre-CO but they may not have gone through the 275 review because most of them homes, the jurisdiction of the Trustees changed not that long ago. And it is obvious that it would impact the way that this code has been drafted because if you just look at the exceptions, the list of exceptions and i know that the Trustees, from going to code committee and various conversations the exceptions is intended to create clear understanding of when people can do things without having to get a Trustees permit and if, ! will direct you to item 10 which says installation of new or replacement September 25, 2012 Page 68 Southold Town Board Meeting Minutes 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, I think it should say structure because again, if you say permitted structure, it implies that its, you can only do these things to a house that has a Trustees wetland permit. And I can assure you that most of the homes that have Trustee wetland permits are relatively new homes that don't need any of this, these improvements. Roof shingles, siding, doom, second story types of additions is primarily applications that are for some of the older buildings that need maintenance. So I would ask you to please, take a moment, add, either clean up the code and differentiate between marine structures that the Trustees consider permitted by the fact that they have at one time a Trustees permit versus permitted house, upland structure which has a CO, has a pre-CO and when I was looking at how you might define it, if you just go to chapter 111, coastal erosion law, that actually that came through the state, defines a permitted structure as an upland structure and appurtenance in existence and has been issued a certificate of occupancy or certificate of pre- existing use or one where construction has commenced or where construction has not commenced but which a building permit has been issued. Again, we are dealing with a house that's already under construction or with a building permit and it is prior to the effective date of this, presumably, this amendment. And then again, you can define permitted structure with marine structure in existence and being issued a wetlands permit from the Trustees or the Town Board. There are lots of permitted structures which were issued wetland permits from the Town Board. So again, I ask you please, when you do make the revisions to the code, go and add this. I asked before and it is still not in the code. Another, one good change that I thought was very wise and I dealt with it on occasion because it is not that often but operations landward of a public road, operations landward of a public road located between the water body that is the source of Trustees jurisdiction and the operation. So that a road, like the DEC's will cut the jurisdiction of the Trustees so that, I am thinking Grathwohl Road, other areas where there is no road, where there is clearly the development across the road, across a 50 foot road and it really doesn't make sense to have the Trustees regulating on the opposite side of a road. 1 would ask you that also consider that similarly, you should add that operations more than 50 feet from wetlands on an adjacent property, which is the source of Trustee jurisdiction, that has come up on occasion where property owner, they obviously there is no wetlands in front of them, they have no issues but the Trustees, either they are doing something and the Trustees go out, the bay constable measures and its within 100 feet of wetlands that are coming from a diagonal source wherever it might be and most times, even identifying those wetlands are difficult because you have to trespass or have your surveyor or whoever is doing the wetland flagging, trespassing on someone's property in order to identify adjacent wetlands. So similar to the road that cuts off, you also consider a certain distance, 50 feet seems a reasonable amount. You can, within 50 feet you can see bare wetlands right adjacent to you so a homeowner would understand that, oh well, you know, I see the wetlands further than 30 feet but from my neighbors property. Okay, 1 should go to the Trustees but really beyond that, you have barriers, you have vegetation, and you really don't know that there are wetlands coming from another source. So I would ask you to consider that as well. I know there was a lot of discussion about bulkheads here a few moments ago. We do have provisions, no new bulkheads in creeks, it looks like we have just added and bays are prohibited. I don't believe the bulkheads in bays was prohibited betbre, I didn't, it was an underlined term so to me it appears that then it wasn't previously prohibited. One of the concerns I have is that where you are allowed to have a bulkhead but it has to be a low sill September 25, 2012 Page 69 Southold Town Board Meeting Minutes bulkhead. We are dealing on the bay with storms and protection of the upland property that really the best source of protection is the bulkhead. And let's say you have got a standard bulkhead, marine bulkhead and now you are mandating that any new bulkhead has to be a low sill bulkhead, you are going to be putting a normal bulkhead and all of a sudden there is going to be 4 feet, possibly more, of differentiation between the bulkhead, the end of your neighbor's bulkhead and now your low sill bulkhead. Has anybody considered the impact of that differential with a storm? Now aren't you going to in a sense create more of a problem because a storm surge may in fact come around between the low sill bulkhead and the high bulkhead and undermine what would be the land and the protection behind the high bulkhead. So these black and white rules don't oftentimes make sense when you are actually dealing with the individual properties, so I hate to see this kind of prohibition. I think generally the Trustees are very good at assessing whether or not can we, do we do a bulkhead, should we do a bulkhead, does it make sense to have it as a low sill bulkhead, maybe a medium sized bulkhead, maybe in that case in the particular area because of strong surges, a high bulkhead but the out and out prohibition I think creates, ties their hands and creates potentially a very dangerous condition. So I would not encourage that change. COUNCILMAN KRUPSKI: Excuse me, I don't see that as a change in my copy. MS. MOORE: That came in .... UNIDENTIFIED: Inaudible. COUNCILMAN KRUPSKI: Right. MS. MOORE: Oh, okay. COUNCILMAN KRUPSKI: 2004. MS. MOORE: It showed up, when I saw it, I thought wow, okay. In that case, I would say that that shouldn't be in there, on the bay because of the example 1 gave. But even so, I guess my print had it underlined. COUNCILMAN KRUPSKI: Well, you and Doug Hardy can talk about that after the meeting, alhght? MS. MOORE: Pardon me? COUNCILMAN KRUPSKI: You and Doug can talk it over after the meeting. MS. MOORE: Exactly, Doug and I can disagree. I follow the constitution. Alright. Finally, I guess, again, with respect to transferring permits, this is kind of a bugaboo of mine. Trustees permits should be recognized equivalent to a CO. it runs with the land and once a permit is, when a permit is issued and closed out, there shouldn't be a need to transfer permits and that has been something that has been you know, the code has said we don't recognize your permit if it September 25, 2012 Page 70 Southold Town Board Meeting Minutes hasn't been transferred to your name. I just think that that's a bunch of bureaucracy. If you look at DEC permits, the structure is built, it is there. You don't transfer DEC permits unless the permit is open and it is going to be continued and therefore they want to know that the proper owner is in fact continuing that work under the DEC permit. But once a permit is issued, if you have a CO on your house and you sell your house or you are buying someone else's house, you don't expect to have to go to the building department and have the CO transferred into your name. That's, the CO vests and it runs with the land. Similarly the Trustee's permits should do the same thing. It vests, it is an investment on the properly and it should run with the land. So those are my comments and I thank you. I hope you will consider them. COUNCILMAN KRUPSKI: Thank you. Based on your comments, Pat, I have a question for the Trustees. Going back to your original comment about the permitted structure, 275-4 exception 10, I know the original code said existing structures only which and I know the intent there because I was there in 2004, so what is the Trustees intention there with permitted structures? Is it a CO on a house or is it a Trustee permit. COUNCILWOMAN DOHERTY: When we are talking about permitted in this, we are talking about a Trustee permit not a building department permit or a zoning permit or planning, we are talking about a Trustee permit. COUNCILMAN KRUPSKI: Okay. MS. MOORE: Right and isn't that a problem? I mean, I think that you are undermining this whole exception to make it easier for people to replace windows or do siding or a roof or whatever. COUNCILWOMAN DOHERTY: No, if they have a Trustee permit for that structure and they need to replace a window or siding, they don't have to come in and get another permit. That is what we am saying. MS. MOORE: I understand that but when did the Trustees take on jurisdiction of uplands, not, 1 would think 2004 maybe? COUNCILMAN KRUPSKI: The 70's. MS. MOORE: What? COUNCILMAN KRUPSKI: 1970 sometime. MS. MOORE: No, no, no. Not a house upland. UNIDENTIFIED: t985. MS. MOORE: 85 was when you had setbacks I00 feet? September 25,2012 Page 71 Southold Town Board Meeting Minutes UNIDENTIFIED: 1985. I think it was 75 feet. COUNCILMAN KRUPSKI: It was 75? MS. MOORE: Oh, 75 feet. You are right. And 100 feet in 2000 something. So we are not talking about, even say 85, that's not an old house when it comes to you know, Southold standards. Thank you. I mean, obviously it is a no brainer, if you got a Trustee's permit to build the house, then to make improvements to it, fine. But my concern is now everybody and you have got probably 90 percent of the town that is now within their jurisdiction, so you are not going to replace a window or do re-roofing without coming to the Trustees? That makes no sense .... COUNCILWOMAN DOHERTY: That's the way it has been all this time though. That is the way it has always been. MS. MOORE: No, Jill, I am sorry. That is not the way it has been. COUNCILWOMAN DOHERTY: If you are within 100 feet, if you are within the Trustees jurisdiction, you have to come to the Trustees first. MS. MOORE: Not for simple things. This section has been in the books for a while and it allowed for roof repairs and things like that and window replacements. You are actually just adding a few things to that. you are adding solar panels, siding and you are adding second story additions only if the additions are within the existing footprint. So those are the only additions to this code. Before it was you always were allowed to come in and do a roof re-shingling, even popping windows in and out oftentimes don't even require a building permit. So I think that we are kind of undoing what had been pennissible in the past. It just doesn't make sense to me. COUNCILMAN KRUPSKI: You know where we are going to go here, I think we should and I am asking Martin here, could we clarify it with a definition. Depending on which way we want... MS. MOORE: Yeah, choose what you are going to do but I guess as a Board you are going to have to decide ..... COUNCILMAN KRUPSKI: Well, you have to clarify it in the definitions. MS. MOORE: Yeah, exactly. COUNCILMAN KRUPSKI: A building permit or a Trustee permit. What does it mean. MS. MOORE: Right. Right. Okay, thank you. SUPERVISOR RUSSELL: Thank you. Who else? Mr. Meinke. September 25, 2012 Page 72 Southold Town Board Meeting Minutes HOWARD MEINKE: Relative to Doug's discussion, I just wanted to say and you have heard this, last May I went to that meeting where they talked about water pollution and government officials all the way up to Albany said don't wait until the governments up west figure out how to fix the problem, do it locally. I would do what Doug has said and say that I would like the Trustees and the Town Board to look at our particular bulkhead situations, our particular high water changes and what can they do about public access? If you wait for the State of New York to do it, none of you will be on the Town Board, I won't be here to complain about it. We should do something ourselves because that was the essence of the meeting, by all those legislators Wednesday, last May, as a practical matter, government moves so frigging slowly that if you have something you really want, do it yourself. And if this is something we want, we should get active and do it. And if it causes some friction with the state, at least that will bring the issue to the top of the pile. The way it is going now, these issues will never get to the top of the pile. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? JENN HARTNAGEL: Good evening, my name is Jenn Hartnagel and I am speaking on behalf of the Group for the East End. I think we would like to make the suggestion that since the town is in the midst of the comprehensive planning process that they consider holding off on adopting these changes until some of these larger issues are addressed within that process and a lot of them are directly linked to the wetland permits and this code and a discussion might benefit from a more comprehensive dialogue and a more engaged public that is going to take place within the natural resources chapter and I believe is coming up pretty shortly. Why make changes now and have to potentially reopen the code in the very short future. If the town chooses to move forward, we would like to state that we are strongly opposed to the changes to the buffer requirements. In fact, we would support strengthening the existing code and place more emphasis on the use and types of buffers the Trustees require. We would also like to welcome further discussion of the proposal that was addressed a few years back introduced by Mark Terry that suggested the sliding scale of buffer width depending on property size. Again, these suggestions are all stemming from the fact that we have water quality issues and they are severe. I know a lot of us sound like a broken record but the DEC's new list of impaired waterbodies just added several new Southold to the list. We have more shellfish closures, algae blooms and if there is not collective action to try and mitigate this problem, it is only going to get worse. BuffErs are scientifically proven methods to reduce pollutants including nitrogen. And they are considered best management practices by several state agencies and federal agencies and the town's own LWRP speaks to the importance of these. ! think taking out the minimums and changing the requirements in the code and switching the words using 'may' instead of 'shall' seriously reduces the likelihood of utilizing butt'ers in a uniform and standardized manner. And when you don't have a minimum, what is the standard? How are the Trustees going to decide when a buffer is necessary, what size it should be, what composition it should be? Again, I think that the proposed changes regarding buffers will help to perpetuate our water quality problems and not solve, and not work to solve it at all. And lastly, over the last year, the Group for the East End has been reviewing the Trustee permits that were issued within the years 2008-2011, that is over 500 applications that we are looking at. And we wanted to assess the use, size and types of buffers the Trustees have required and we were comparing that to what is required in the September 25, 2012 Page 73 Southold Town Board Meeting Minutes code, we also have been comparing different municipalities codes and we would like the opportunity to present that to the Board and the Trustees in the next several weeks and we believe the findings of the study will help to inform a more comprehensive discussion of the use and importance of buffers in water quality issues in general. So just to conclude, we favor putting the brakes on adopting these changes until a larger discussion has taken place within the comprehensive plan process. So again, thank you for the opportunity to speak tonight. COUNCILMAN KRUPSKI: Thank you. just to answer that, as far as the timing of this goes, this code was written in 2004 basically on, almost from scratch and experience is a really good teacher. That code has been amended I don't know how many times since then and a lot of the things that are in here are a result of the Trustees, you said 500 applications in just a few years. Absolutely, the Trustees gain so much experience in the field on all of these things. So a lot of these, this code amendment we have been working on for almost two years? COUNCILWOMAN DOHERTY: The Town Board here, but the Trustees since 2006 have been working on these changes. COUNCILMAN KRUPSKI: What is taking you so long? My point is, a lot of these things are helpful for the Trustees, most of them are administerial and not harmful to the environment at all and aren't even being debated, alright? As far as the buffers go, you know, you are right about the importance of buffers and that is why they are still in there and I know the Trustees take that very seriously and they take water quality very seriously. And I don't think if this Board passes this as written or slightly changed, it is not going to compromise the job that the Trustees are doing and it certainly not going to end the discussion of water quality and how we can do a better job, that is for sure. It is not like this is the end of it, we don't want to hear from the public again, that is not the case at all. And don't forget, a lot of this, one thing that was brought up by a previous speaker about a new exemption if you are across the road, a lot, the old code was based on no drainage code and now we have a drainage code in town that addresses all the upland properties not just the ones in the Trustees jurisdiction. And that has been a big help also. MS. HARTNAGEL: We understand that and obviously that is not the purpose of us trying to suggest that you know, there are some larger picture issues here and a lot of them have been brought up and we would just hate to see that, you know, the Town Board's reluctance, a future Board's reluctance to reopen the code to address some of these future issues that are going to be really important to address. COUNCILMAN KRUPSKI: No, because the water quality ties into a lot of these issues that were brought before, shellfishing in particular. MS. HARNAGEL: Thank you. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? John? September 25, 2012 Page 74 Southold Town Board Meeting Minutes JOHN BETSCH: John Betsch from Southold. From your legal notice I think as we address this code, just take one sentence. The whole purpose of these code changes it says ' to simplify the permit process, codify and clarify existing policies and definitions'. I think that should be the basis of our discussion today. I, like many people, rely for example, just for information on the town website for information. Now Chris mentioned that the legal notice was up on the town website. I went today in preparation for the meeting and I printed out 275 and it has no resemblance of what we are talking about today. It is completely different. It has old definitions, new definitions on the town website. So I am not sure if that creates a problem or not. It has some old things, some new things. Nothing that we are talking about today, so that is one concern. I assume as we go through this and I see the Trustees nodding their heads and things that they were the principals because they are the people who have to implement and you know, deal with this code, so I hope the Trustees were the deciders and the inputters to this code. My concern is really a lot of questions, there are some things in there that are not defined which are going to (inaudible) come into play later on. For example, this one part it talks about fences on the beach and it says that in 275 11 A 4 C says fences on the beach shall be perpendicular to the water line and not closer than 20 feet and it is crossed out to mean high water mark which is defined and now has the apparent high water mark. Now there is no definition anyplace of what the apparent high water mark is. The apparent high water mark could be changing from fall to spring, it can from the moon, it can change from the wind, it can change from the storm. I think we need some clarification of what you mean there, otherwise it's not for that, Bob Ghosio may come down, look at it and say that is the apparent high water mark and (inaudible) may come down have a different definition. We need some codification of what the high water mark is. I see there you had deleted the administrative permit definition of course it appears someplace else but if from a laymans point of view ifI am going to look at a cookbook, I look at the definitions and it is not defined there, so I think it should be put back there in the administrative permit area, it doesn't clarify what the process is, how it is approved, what has happened. It just says, it is crossed out, it just says there is a process. So I think we need something there. I don't want to get into the public trust doctrine but I think it is very important to have a clear definition for foreshore, the public trust document always comes into play and there is a very definition of tbreshore and I think from a layman's point of view, in many places, many times it is misunderstood and I think it is important to get that in there. There are all kinds of issues between where the mean high water mark is, if we use that for the foreshore, it is the 18 year rolling average according to the state. A lot of people say it is the apparent high water mark. Causes problems all the time. I think that is very important to get it in there. And that is all I really have to say. Just one last thing regarding sea level, there is a lot of discussion about the rising sea level, as much as documentation will be presented about rising sea level I can present just as much documentation saying not happening. So that is a moot point. Thank you. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Thank you. COUNCILMAN KRUPSKI: So you and Pat and Doug will be having this discussion after. September 25, 2012 Page 75 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: I would just say you can have it for a little while but the custodians clock out at 11, so you might want to move it out into the foyer after that. I can't go into overtime on this. The permitted foyer out front. Who else would like to address the Town Board on this? Anybody? Jim? JIM KING: Just a little clarification on bulkheads. A bulkhead is between the water and the land. Inaudible. You are up into a retaining wall, so we have permitted retaining walls if you can show excessive erosion problems, they are really, they are not bulkheads. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? MR. MEINKE: Yes, very quickly. I would say this to John Betsch's comment. High water says various people walk at different times. The rack line seems logical to me to mean high water. That may change if flood tides bring it higher, waves may bring it lower but don't go with statistical numbers because who knows that when they are on the beach? The rack line tells you where it is and that would be adequate for 95% of the problems, it strikes me. MR. BETSCH: I don't want to get into a debate but there is a legal definition of mean high water and there is people's interpretation of it and it does cause problems. Specifically on the sound, many people with dogs, many people sitting, many people other things and I think it is just because and I will say ignorance not ignorant people but ignorance of what it is, in my area people see our grass line and they oh, that is the end of the property and it is not. And it is not, you know, people paid for that property and have a right to own their property. I have no problems with foreshore but use the correct definition. Thanks. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular local law? COUNCILWOMAN DOHERTY: I just want to say what John Betsch was saying that he hopes that this came from the Trustees and it did, we have been working on this for so long because as we go through the process month by month and we work through this, we have come up with certain things over and over again and we made a list and we said, okay, this has happened not just once not just twice, it happens over and over and that is how we came up with the changes here. So it is something we have worked with and we have worked with the applicants and hopefully these changes are for the better for the applicant and for the town. RESULT: CLOSED IUNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Closing Comments Supervisor Russell September 25, 2012 Page 76 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: That concludes the business of the agenda. Would anybody like to address the Town Board on any issue? Dave Bergen, Town Trustee DAVE BERGEN: Dave Bergen from Cutchogue. Also a Trustee. I appreciate all the comments that were made in regard to 275 tonight. The only thing I would ask to the Town Board, as you have heard, thc work had star,cd on this in 2006 and I would ask since you tabled it tonight to please consider how long we have been working on this to please consider how long we have been working on this and try to move it along and make a decision in a relatively short period of time. That is all. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue? Yes, Jeri? Jerry Woodhouse JERI WOODHOUSE: I think it is 735, where you switch back and forth in the language from the TDR bank to the sanitary flow bank, so it probably needs to be cleaned up and made consistent. It goes back and forth in the language of it. TOWN ATTORNEY FINNEGAN: I just corrected it. Supervisor Russell SUPERVISOR RUSSELL: Oh, okay. Thank you. Town Board on any issue? (No response) Would anybody else like to address the Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:58 P.M. Elizabeth A Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Jill Doherty, Councilwoman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell