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Home My WebLink AboutTB-01/15/2013ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southotdtown.north fork.net MINUTES January 15, 2013 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, January 15, 2013 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 January 15, 2013 at Meeting Hall, 53095 Route 25, Southold, NY. William Ruland Town o~ Southold Councilman Present Christopher Talbot Town of Southo!d C0unf!lman Present Jill Doherty Town of Southold Cou~!qi!woman Present Alb~r~ ~PSki Jr. Toxvn of Southo!d Cpuncilman PrEsent Louisa P. Evans Town of Southold Justice Present Scott Russell Town of Southold Supervisor Pr~sent Elizabeth Al Neville Town Oi~ Southold Town Clerk Present Martin D. Finnegan Town of S0uthold Town Attorney Present I. Reports 1. Justice Rudolph H. Bruer 2. Board of Town Trustees 3. Human Resource Center 4. Planning Board 5. Justice Louisa P. Evans January I5, 2013 Page 2 Southold Town Board Meeting Minutes 6. Justice William H. Price Jr. 7. Program for the Disabled 8. Department of Public Works 9. Building Department 10. Budget Report 11. Town Clerk Reports 12. Recreation Department 13. Zoning Board of Appeals 14. Special Projects Coordinator Il. Public Notices III. Communications IV. Discussion 1. 9:00 A.M. - EXECUTIVE SESSION - Labor Motion To: Motion to ENTER Executive Session at 9:04 AM On motion by Councilwoman Jill Doherty, seconded by Councilman William Ruland, it was RESOLVED the Southold Town Board hereby ENTERS into Executive Session at 9:04 AM for the purpose of discussing PBA Contract Negotiations. RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER: William Ruland, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Motion To: Motion to EXIT Executive Session at 10:37PM On motion by Councilman WilliamRuland, seconded y Councilwoman Jill Doherty, it was RESOLVED the Southold Town Board hereby EXITS f?om this Executive Session at 10:37 PM January 15, 2013 Page 3 Southold Town Board Meeting Minutes 3. 4. 5. 6. 7. 8. 9. 10. 11. RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Jill Doherty, Councilwoman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Motion To: Motion to recess for break at 10:37 RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a short break. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Motion To: Motion to reconvene at 10:53AM Opn motion by Councilman William Ruland, seconded by Councilwoman Jill Doherty, it was RESOLVED that this meeting of the southold Town Board is hereby reconvened at 10:53 AM RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Jill Doherty, Councilwoman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell 11:00 A.M. - Phillip Beltz, Fred Andrews & John Viteretti, Housing Advisory Commission 11:30 A.M. - Phillip Beltz, Mark Terry, Heather Lanza & Don Wilcenski 12:15 P.M. - Melissa Spiro 12:30 P.M. - Bob Scott, Assessors Trailer Permit Fees Highway/DPW Equipment Storage Councilman Krupski LL/Amendments to Chapters 111 & 275 Councilwoman Jill Doherty LL/Plum Island Zoning Motion To: Motion to ENTER Executive Session 12:37PM On motion by Justice Louisa Evans, seconded by Councilman William Ruland, it was January 15, 2013 Page 4 Southold Town Board Meeting Minutes RESOLVED the Southold Town Board hereby ENTERS into Executive Session at 12:37PM for the purpose of discussing the following matters: (1) Employment history and performance of a particular person or persons or matters leading to the appointment, employment, promotion, discipline, or removal of a particular person or persons. (2) contract negotiations. RESULT: ADOPTED ]UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Motion To: Motion to EXIT Executive Session at 1:50 PM On motion by Councilman Christopher Talbot, seconded by Councilman Albert J; Krupski, Jr. It was RESOLVED that the Town Board of the Town of Southold hereby EXITS from this Executive Session at 1:50 PM. RESULT: ADOPTED ]UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Motion To: Motion to recess until 4:30PM RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed until such time as the regular meeting to be held at 4:30 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Meeting Reconvened Meeting reconvened at 4:30 P.M. Opening Comments Supervisor Russell SUPERVISOR RUSSELL: Please stand and join in the Pledge of Allegiance to the Flag. Thank you. I am going to invite anybody who would like to comment on any of the agenda items to please feel free to come up at this time. On any of the agenda items? (No response) V. Resolutions 2013-65 January 15, 2013 Page 5 Southold Town Board Meeting Minutes CA TEGOR Y: DEPARTMENT: Set Meeting Town Clerk Set Next Regular Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, January 29, 2013 at the Southold Town Hall, Southold, New York at 4:30 P.M.. ~ Vote Record -Resoiution RES-2013-65 I~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rui~nd Voter [] · [] [] rD [] Withdrawn Christopher Talbot Second [] [] [] [] [] Superviso~'s Appt er Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Albert Kmpski Jr. Voter [] [] [] [] [] Town Clerk's Appt Louisa P, Evans Mover [] [] [] [] [] Supt Hgwys Appt Scott Russell Voter [] : [] rD [] [] No Action 2013-66 CA TEGOR Y: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated January 15~ 2013. Vote Record - Resolution RES-2013-66 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Second [El [] [] [] [] Supervisor's Appl Jill Dollel~ : Voter [] rD [] [] [] Tax Receiver's Appt "~] Rescinded Albe~l Krupski Jr._ __V°ter --[] [] [] [] [] Town Clerk's Appt Louisa P Evans - ~ ~ V1 [] [] [] Supt Hgwys Appt Scott Russell Voter [] [] [] [] [] No Action 2013-89 January 15,2013 Page 6 Southold Town Board Meeting Minutes Tabled 1/2/2013 II:OO AM CA TEGOR Y: Organizational DEPARTMENT: Town Clerk Appointment to the Southold Town Planning Board Member RESOLVED that the Town Board of the Town of Southold hereby appoints Pierce Rafferty, Fishers Island, to the Southold Town Planning Board effective from February 13, 2013 through December 31, 2017. Vote Reeord- Re~oluflon RES-2013-89 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled Second William Ruland [] [] [] [] [] Withdrawn er [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Jill Deherty Mover [] [] [] [] [] Rescinded Albert Krupski Jr. :Voter [] [] [] [] [] Town Clerk's Appt Louisa P. Evans Voter [] [] [] [] [] Supt Hgwys Appt Scott Russell Voter [] [] [] [] No Action [] Next: 1/29/13 4:30 PM 2013-67 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Resource Center to Register with Propio Language Services for Over-The-Telephone or Written Translation And/Or Interpretation Services RESOLVED that the Town Board of the Town of Southold hereby authorizes the Southold Town Human Resource Center to register with Propio Language Services for over-the-telephone or written translation and/or interpretation services in connection with the County of Suffolk's requirement for 2013 under their policy entitled "Equal Access to Services and Targeting Policy and Telephonic Interpretation", subject to the approval of the Town Attorney. vote Record - Resolution RES-2013-67 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended Willimn Ruland Mover [] [] [] [] [] Defeated Christopher Talbot Voter [] [] [] [] [] Tabled Jill Doherty Voter [] [] [] [] [] Withdravm Second Alb~nt Krupski Jr. [] [] [] [] [] Supervisor's Appt er [] Tax Rece/ver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russcll Voter [] [] [] [] [] Town Clerk's Appt January 15, 2013 Page 7 Southold Town Board Meeting Minutes [] Supt Hgwys App~ [] No Action 2013-68 CATEGORY: DEPARTMENT: Bid Acceptance Town Clerk 2013 Heating Fuel Oil RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Burt's Reliable~ 1515 Young's Avenue~ Southold~ NY to supply the town with heating fuel oil for 2013 at $0.25 per gallon over the Northville Rack Price, subject to the approval of the Town Attorney. ~ vote l~,ora ~ aeso~n ~zs~2Ol~ , ~ Def~t~ Yes/Aye No/Nay Abstain Absent ~ Re~ind~ AIb~ ~pski Jr. Mov~ ~ ~ ~ ~ ~ Supt Hgwys Appt 2013-69 CATEGORY: DEPARTMENT: Employment - Town Accounting Grant FMLA Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence for up to 12 weeks to Employee g4015 effective December 12, 20 t 2 pursuant to the Family Medical Leave Act. Vote Record - Resolution RES-2013-69 [] Adopted Yes/Aye No/Nay_ Abstain Absent [] Adopted as Alnended William Ruland Voter [] [3 [] [] [] Defeated Christopher Talbot Voter [] [] [] [] [] Tabled Second [] Withdrawn Jill Dohe~y ca- [] [] [] [] January 15, 2013 Page 8 Southold Town Board Meeting Minutes [] Supervisor's Appt Albert Kmpski Jr. Voter [] Tax Receiver's Appt Louisa P. Evans : Mover [] Rescinded Scott Russell Voter [] Town Clerk's Appt r~ Supt Hgwys Appt [] No Action 2013-70 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoint Donald Dzenkowski PT Seasonal Bay Constable RESOLVED that the Town Board of the Town of Southold hereby appoints Donald Dzenkowski to the position of Part-Time Temporary Bay Constable for the Police Department, effective January 16, 2013, at a rate of $30.00 per hour. Vote Record - Resol~fl0n !1E8-20~-'/0 .... [] Adopted [] Adopted as Amended [] Defeated Yes/Aye : No/Nay Abstain Absent [] Tabled William Ruland Voter [] 13 [3 [3 [] Withdrawn Christopher Talbot Mover [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Second [] [] [] [] er [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2013-71 CA TEGOR Y: DEPARTMENT: Budget Modification Solid Waste Management District SWMD Budget Mods Financial Impact: Trailer brake repairs needed.for inspection; 4th Qtr. groundwater monitoring. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Solid Waste Management District budget as follows: From: January 15, 2013 Page 9 Southold Town Board Meeting Minutes SR 8160.2.500.600 (Misc. Sanitation Equip) $ 550 SR 8160.4.100.500 (Motor Vehicle Glass) 200 SR 8160.4.100.551 (Maint/Cat 966) 250 SR 8160.4.100.573 (Maint/Trommel Screen) 180 SR 8160.4.100.581 (Maint/Kenworth Tractor) 160 SR 8160.4.400.300 (Public Info. Materials) 300 SR 8160.4.400.850 (Refrigerant Removal) 275 SR 8160.4.100.550 (Maint/Supply Komatsu) 1,365 SR 8160.4.400.840 (Haz Waste Removal) 2,585 SR 8160.4.500.175 (Gas Monitoring) 3,390 TOTAL: $ 9,255 To'. SR 8160.4.400.680 (Trailer Fleet Repairs) SR 8160.4.500.150 (Groundwater Monitoring) $ 1,915 7,340 TOTAL: $ 9,255 ~' VoteReeord - Resolution REI~2013-71 ~1 Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated ~ [] Tabled William Ruland [] [] [] [] er [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doh~rty Mover [] [] [] [] [] Tax Receiver's Appl Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded ~ Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt ~ Scott Russell Voter [] Fl [] [] [] Supt Hgwys Appt . [] No Action 2013-72 CA TE GO R Y: DEPARTMENT: Budget Modification Police Dept Police Dept - Budget Mod~[ication Financial Impact: Donation - Sts. Anargyroi & Taxiarhis Ladies of Philoptohos of Greenport RESOLVED that the Town Board of the Town of Southold hereby increases the 2013 General Fund Whole Town Budget as follows: Revenues: A.2705.40 Gifts & Donations $50 Appropriations: A.3120.2.200.200 Office Equipment/Chairs $50 January 15, 2013 Page 10 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2013-72 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent 2013-73 CATEGOR~ DEPARTMEN~ Contracts, Lease&Agreements Public Works 2013 Shellfish Program Financial Impact: Agreement with Cornell Cooperative Extension in connection with the 2013 Shellfish Hatchery and Town Shellfish Program at Cedar Beach, Southold RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with Cornell Cooperative Extension~ in connection with 2013 Southold Town Shellfish Program, in the amount of $20,000 for the term January 1, 2013 through December 31, 2013, all in accordance with the approval of the Town Attorney. vote Record = Resolution RE8-2013-73 I~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent Second [] Tabled Willimn Ruland [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [2] [3 [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Albeit Kmpski Jr. Mover [] [] [] [] Louisa P Evans Voter [] [] ~ [] [] Town Clerk's Appt Scotl Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comment regarding resolution 73 January 15, 2013 Page 11 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: Betty, I am going to recuse myself on that as my son works at the facility. 2013-74 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Accounting Engagement Letter with George Rehn, CPA RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the engagement letter with George R. Rehn~ CPA regarding performin~ an audit of the Peconic Bay Community Preservation Fund for the year ended December 31, 2012, at a cost not to exceed $7,000.00, subject to the approval of the Town Attorney. Vote Re~ord - R~olution 11~,~2013-74 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] FI Second ~ [] Withdrawn Christopher Talbot [] [] [] [] er [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Mover [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2013-75 CATEGOR~ DEPARTMEN~ Public Service Town Attorney Designate Public Bathing Beaches RESOLVED that the Town Board of the Town of Southold hereby designates the following beaches as public bathing beaches that have lifeguards and restroom facilities approved by the Suffolk County Health Department: Goose Creek Beach Kenny's Beach Norman E. Klipp Marine Park Beach McCabe's Beach New Suffolk Beach Southold Town Beach January 15, 2013 Page 12 Southold Town Board Meeting Minutes Vote Record - Resolution RES-~0,~3-75 V41 Adopted [3 Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] D Fl [] Withdrawn Christopher Talbot Mover [] [] [] [] [] Supervisor's Appt Jill Doher~y Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Second [] [] [] [] [] Town Clerk's Appt er Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt ~ . [] No Action 2013-76 CA TE GO R Y: DEPARTMENT: Budget Modification Human Resource Center Budget Modification from Revenue to Expenditure Line- HRC Financial Impact: Modifying donations received from revenue line to appropriations line in Programs for the Aging 2013 Budget RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 General Fund Whole Town budget as follows: To: Revenues A.2705.40 Appropriations A.6772.2.500.600 Other Donations Gifts and Donations $2,000.00 TOTAL: $2,000.00 Programs for the Aging Other Equipment Senior Program Equipment $2,000.00 TOTAL: $2,000.00 Vote Record - Resolution RES-2013-76 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Second [] [] [] [] [] Defeated er [] Tabled Christopher Talbot Voter [] [] [] [] [] Withdrawn Jill Dohe~y Mover [] 13 [] [] [] Supervisor's Appt Albert Krupski Jr Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] [] Town Clerk's Appt January 15, 2013 Page 13 Southold Town Board Meeting Minutes [] Supt Hgwys Appt [] No Action 2013-77 CATEGORY: DEPARTMENT: Attend Seminar Town Attorney Grants Permission to Town Attorney, Martin D. Finnegan, Assistant Town Attorney, Jennifer Andaloro, and Assistant Town Attorney, Lori M Hulse, to View the Seminar Entitled "The CPLR in Everyday Practice" RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Attorney, Martin D. Finnegan, Assistant Town Attorney, Jennifer Andaloro, and Assistant Town Attorney, Lori M. Hulse, to view the dvd series for the seminar entitled "The CPLR in Everyday Practice". All fees are to be a legal charge to the 2013 Town Attorney budget. Vote R~ord ~ R~solutioa RES-2013-77 [] Adopted [] Adopted as Amended [] De~at ed Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Mover [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krapski Jr. Second [] [] [] [] [] Rescinded er Louisa P. Evans Voter [] [] [3 [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell Voter [] [] [] [] [] No Action Comment regarding resolution 77 SUPERVISOR RUSSELL: Proving yet again, he has probably one of the most boring jobs on the dais. 2013-78 CA TEGOR Y: DEPARTMENT: Property Acquisition Public Hearing Land Preservation Set P. IZ Mayne Property Acquisition RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, January 29, 2013, at 4:36 p.m., Southold Town Hall, 53095 Main January 15, 2013 Page 14 Southold Town Board Meeting Minutes Road, Southold, New York as the time and place for a public hearing for the purpose of adding a parcel owned by Frederick H. Mayne to the Town's Community Preservation Fund Eligible Parcel List and for the purpose of purchasing the fee title to said parcel for open space purposes. Said parcel is identified as SCTM #1000-68.-4-11. The address is 2732 Soundview Avenue, Peconic, New York, located between the southerly side of Soundview Avenue and the northerly side of CR48 in Peconic in the R-80 zoning district. The proposed acquisition is for fee title of 2.5075 acres, as per a survey dated January 31, 2003 by Peconic Surveyors, P.C. The property is important for purposes of open space, aquifer recharge and wetland protection, similar to the criteria listed for the properties adjacent to and in the vicinity of the subject property, which are on the current Eligible Parcel List. The property has been offered for sale to the Town of Southold as open space. The purchase price is $12,537.50 (twelve thousand five hundred thirty-seven dollars and fifty cents) based on an accepted offer of $5,000.00 (five thousand dollars) per acre. The seller may claim a bargain sale. The property is being added to the Community Preservation Plan and the purchase will be funded by the Community Preservation Fund. The purpose of the acquisition is for the preservation of open space, aquifer recharge and wetland protection. The property will remain in its undisturbed natural state. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that sanitary flow credits will not be transferred from this property. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned pamel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. ~' Vote Record - Resolution RES-2013-78 [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Second [] [] [] [] [] Withdrawn ~h;istopher Talb0i Voter [] [] U] [2 [] Supervisor's Appt Jill Doherty Voter [] [] [] F1 [] Tax Receiveq-'s Appt [] Rescinded Albetl Kmpski Jr. Mover [] [] [] [] [] Town Clerk's Appt Louisa P. Evans Voter [] [] [] [] [] Supt Hgwys Appt Scolt Russell Voter [] [] [] : [] [] No Action January 15, 2013 Page 15 Southold Town Board Meeting Minutes 2013-79 C/I TEGOR Y: DEP~IRTMENT: Contracts, Lease & Agreements Town Attorney Execute the New York State Department of Motor Vehicles License Event Notification Service Agreement (LENS) RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the New York State Department of Motor Vehicles License Event Notification Service Agreement (LENS) between the Town of Southold and the New York State Department of Motor Vehicles, subject to the approval of the Town Attorney. Vote R~ord. ReSOlUtiOn RE~2013-79 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent 2013-80 CA TEGOR Y: DEP. dRTMENT: Close/Use Town Roads Town Clerk Organ Donor Network Bike Tour 5/19/13 Financial Impact: Police Department costjbr event = $59. 7l RESOLVED that the Town Board of the Town of Southold hereby grants permission to the New York Organ Donor Network to use the tbllowing route for its 4th Annual North Shore Bike Tour, beginning at Osprey Dominion Winery, Main Road, Peconic, east on Route 25 to Moore's Lane, Greenport, north on Moore's Lane to the North Rd, east to Orient Point State Park, Orient and back to the winery, on Sunday, May 19, 2013 beginning at 7:00 A.M., provided: They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; Make every effort to control noise; Ride coordinator reviews the roles of the road for bicyclists with the riders prior to the start of the event; January 15, 2013 Page 16 Southold Town Board Meeting Minutes 4. Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski 5. No permanent markings be placed on town, county or state roads or property for the event; 6. Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees shall be waived. Vote Record - Re~olutJon [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Supervisors Appt Jill Doherty Vot'----~ [] [] I~ [] Scoa Russell Voter [] [] [] [] 2013-81 CA TEGOR Y: DEPARTMENT: Attend Seminar Police Dept Police Dept - Adv EMD Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Public Safety Dispatcher I Rose Aguiar to attend an Advanced EMD (Emergency Medical Dispatch) training at Suffolk County Fire Rescue, Yaphank~ NY~ from Monday January 28 through Wednesday January. 30~ 2013. All expenses for registration, travel to be a legal charge to the 2013 Public Safety Communications budget line A.3020.4.600.400. Vote Record - Resolution RES-2013-81 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Del~ated Second William Ruland [] [] [] [] [] Tabled er [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Mover [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter rd [] [] [] [] Supt Hgwys Appt [] No Action January 15, 2013 Page 17 Southold Town Board Meeting Minutes 2013-82 CA TEGOR Y: DEPARTMENT: Budget Modification Highway Department Budget Mo&ification - Highway Dept Financial Impact: To cover over-drawn 2012 budget lines RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Highway Fund Part Town budget as follows: To: DB.5110.1.100.100 DB.5110.1.100.200 DB.5110.4.100.200 DB.5110.4.400.600 DB.5130.1.100.200 DB.5130.4.100.500 DB.5140.4.200.100 General Repairs Personal Services Full Time Employees Regular Earnings General Repairs Personal Services Full Time Employees Overtime Earnings General Repairs Contractual Expense Supplies & Materials Fuel & Lubricants General Repairs Contractual Expense Contracted Services Other Contracted Services Machinery Personal Services Full Time Employees Overtime Earnings Machinery Contractual Expense Supplies & Materials Parts & Supplies Brush & Weeds/Miscellaneous Contractual Expenses Utilities Telephone/Cellular Phones $25,000.00 5,000.00 16,518.00 3,703.00 1,727.00 1,588.00 250.00 TOTAL: $53,786.00 From: January 15, 2013 Page 18 Southold Town Board Meeting Minutes DB.5142.1.100.100 DB.5110.4.100.960 DB.5110.4.100.550 DB.5130.4.100.550 DB.5130.4.400.650 DB.5140.4.100.400 DB.5142.1.100.200 Snow Removal Personal Services Full Time Employees Regular Earnings General Repairs Contractual Expense Supplies & Materials Drain Pipe/Rings/Covers General Repairs Contractual Expense Supplies & Materials Equipment Parts/Supplies Machinery Contractual Expense Supplies & Materials Tiros Machinery Contractual Expense Contracted Services Maintenance & Repairs Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Implements (Small Tools) Snow Removal Personal Services Full Time Employees Overtime Earnings $30,000.00 10,000.00 251.00 9,970.00 1,588.00 250.00 1,727.00 TOTAL: $53,786.00 ~ Vo~e Recgr~ - Resolution RES-2013-82 [] Adopted [] Adopted as Amended [3 Defeated Yes/Aye No/Nay Abstain Absent [3 Tabled William Ruland Mover [] [] [] [] [] Withdrawn Christopher lalbot Voter [] [] [] [] [] Supe~wisor's Appt Jill Dohcrty Voter [] [] [] [] [] Tax Receiver's Appt AIbell Krupski Jr. Second [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] Town Clerk's Appt [] Scott Russell Voter [] [] : [] [] [] Supt Hgwys Appt [] No Action January 15, 2013 Page 19 Southold Town Board Meeting Minutes 2013-83 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute an Agreement Between the Town of Southold and the Suffolk County Board of Elections to Lease the Southold Town Recreation Center 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 Board of Elections to lease the Southold Town Recreation Center for use as a Polling Place on four dates certain in 2013 and 2014, contingent upon the filing of a Certificate of Insurance in the amount of $1,000,000.00 with the Town Clerk, subject to the approval of the Town Attorney. Vote R~ord ~ R~olution RE8-2013-83 [] Adopted Fl Adopted as Amended [3 Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Second gl [] [] [] er [] Withdrawn ~ Christopher Talbot Voter I~ [] [] [] [] Supervisor's Appt Jill Doherty Voter 1~ [] [3 [] [] Tax Receiver's Appt [] Rescinded Albert Krupski Jr. Mover [] [] [] [] Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt · -- [] Supt Hgwys Appt Scott Russell Voter [] [] [] [] [] No Action 2013-84 CA TE G 0 R Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute a Service Agreement Between the Town of Southold and Cablevision Lightpath, Inc. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Service Agreement between the Town of Southold and Cablevision Lightpath, Inc. regarding the Town's data, voice and intemet connectivity, for a three year term, at a cost of $8,306.00 per month for three years, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2013-84 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter ~ [] [] [] [] Defeated Cluistophcr Talbot Voter [] [] [] [] [] Tabled [] Withdrawn Jill Doherty Second [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] January. 15, 2013 Page 20 Southold Town Board Meeting Minutes [] Tax Receiver's Appt Louisa P. Evans Mover [] Rescinded Scott Russell Voter D Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2013-85 CATEGOR~ DEPARTMEN~ Local Law Public Hearing Town Attorney PH2/12/13 ~ 7.'32 PM LL/Increase Cold War Vets Tax WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 15th day of January, 2013, a Local Law entitled "A Local Law to Increase the Tax Exemption for Cold War Veterans" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 12m day of February, 2013 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 to Increase the Tax Exemption for Cold War Veterans" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law to Increase the Tax Exemption for Cold War Veterans". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. The Town Board of the Town of Southold wishes to increase the New York State Real Property Tax Law exemption provided to Cold War Veterans. This increase of the existing exemption to veterans of the Cold War period is an appropriate accommodation and recognition of these valued individuals, to the fullest extent permitted by New York State law. Il. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: §245-18. Cold War Veterans Exemption. January 15, 2013 Page 21 Southold Town Board Meeting Minutes A. Qualifying residential real property shall be exempt from taxation to the extent of fifteen percent (15%) of the assessed value of such property; provided, however, that such exemption shall not exceed ~ fifty four thousand dollars or the product of t~,~a~e fifty four thousand dollars multiplied by the latest state equalization or the latest class ratio, whichever is less. B. In addition to the exemption provided by paragraph A of this Section, where the Cold War Veteran received a compensation rating from the United States veterans affairs or from the United States department of defense because of a service connected disability, qualifying residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property, multiplied by fifty percent of the Cold War veteran disability rating; provided, however, that such exemption shall not exceed f~:,, one hundred eighty thousand dollars, or the product of fz~y one hundred eighty thousand dollars multiplied by the latest state equalization rate or the latest class ratio, whichever is less. 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 apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1, 2992 2013. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. The Southold Town Clerk is directed to ibrward a copy of this Local Law to the State Board of Real Property Services and the Southold Town Assessors. Vote Record - Resolution RES-2013-85 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Mover [] [] [] [] [] Supervisor's Appt Jill Doherly Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Second [] [] [] [] [] Town Clerk's Appt er Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2013-86 cA TEGOR Y: Seqra January 15, 2013 Page 22 Southold Town Board Meeting Minutes DEPARTMENT: Town Attorney LLMmendments to Chapters 111 & 275 SEQRA RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled "A Local Law in Relation to Amendments to Chapter 111, Coastal Erosion Hazard Areas, and Further Amendments to Chapter 275, Wetlands and Shoreline" is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Vote Record - Resolution RES-2013-86 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Withdrawn Christopher Talbot ~ [] [] [] [] 2013-90 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL Re: Amendments to Chapter 111 and Chapter 275 WHEREAS, there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of December, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 111, Coastal Erosion Hazard Areas and Further Amendments to Chapter 275~ Wetlands and Shoreline" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now therefore be it RESOLVED the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 111~ Coastal Erosion Hazard Areas and Further Amendments to Chapter 275~ Wetlands and Shoreline" that reads as follows: LOCAL LAW NO. 1 of 2013 January 15,2013 Page 23 Southold Town Board Meeting Minutes A Local Law entitled, "A Local Law in relation to Amendments to Chapter 111~ Coastal Erosion Hazard Areas and Further Amendments to Chapter 275~ Wetlands and Shoreline". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town of Southold has the authority to administer a Coastal Erosion Management Program within its jurisdiction. One purpose of this chapter is to establish standards and procedures to protect natural protective features, expanding the definition to include wetland areas. Another purpose of this chapter is to regulate development activities in coastal areas subject to coastal flooding and erosion in order to prevent damage or destruction of natural protective features and other natural resources. Regulating how to calculate the building area with more specificity will aid in preventing unnecessary damage to the natural protective features and protect human life. A coastal erosion management permit is necessary for the installation of cable service landward of the shoreline structures, consistent to other similar services. Reference to Chapter 236, recognizes certain activities that require a coastal erosion management permit and also fall within the regulations of Stormwater Management. II. Chapter 111 of the Code of the Town of Southold is hereby amended as follows: §111-6. Definitions. ADMINISTRATOR -- The local officials responsible for administrating and enforcing this chapter. The Southold Town Board of Trustees is hereby designated as the "Administrator." The Administrator designates the Southold Town Police Department, Bay Constables and the Office of Code Enforcement as responsible for the enforcement of this Chapter. LIVABLE FLOOR AREA -- All spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and approved basements having a window area of less than 10% of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit. MAJOR ADDITION -- An addition to a gtracturc principal building resulting in a twenty-five- i i th ~b ildi gfo tpri fth percent or greater ncrease n e u n o nt o e principal building other than an erosion protection structure or a pier, dock or wharf. The increase will be calculated as the proposed livable floor area e~ including any additions to the principal building pFe¥ious~constructed under a coagta! ~ as of the enactment date of this chapter, divided by the 1' bl fl fth ' · ~,~ ...... ~"~ ;~ "~;~';~ ~'~'~*-~" "~ .... pti ip 1 building. January 15, 2013 Page 24 Southold Town Board Meeting Minutes NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff; primary dune, secondary dune, wetland or marsh and their vegetation. PRINCIPAL BUILDING - A building in which is conducted the main or principal use of the lot on which said building is located. UNREGULATED ACTIVITY -- Excepted activities which are not regulated by this chapter include but are not limited to elevated walkways or stairways constructed solely for pedestrian use and built by an individual property owner for the limited purposes of providing noncommercial access to the beach; docks, piers, wharves or structures built on floats, columns, open timber piles or other similar open work supports with a top surface area of less than 200 square feet or which are removed in the fall of each year; normal beach grooming or cleanup; maintenance of structures when normal and customary and/or in compliance with an approved maintenance program; set up and maintenance of temporary wildlife protective structures; planting vegetation and sand fencing so as to stabilize or entrap sand in primary dune and secondary dune areas in order to maintain or increase the height and width of dunes; routine agricultural operations, including cultivation or harvesting; and the implementation of practices recommended in a soil and water conservation plan as defined in § 3, Subsection (12), of the Soil and Water Conservation Districts Law; provided, however, that agricultural operations and implementation of practices will not be construed to include any activity that involves the construction or placement of a structure. WILDLIFE PROTECTIVE STRUCTURES - Structures, temporary in nature, used for the sole purpose of protecting nesting and habitat of wildlife species. §111-10. Structural hazard area. The following restrictions apply to regulated activities within structural hazard areas: A coastal erosion management permit is required for the installation of public service distribution, transmission or collection systems for gas, electricity, water or wastewater and cable service. Systems installed along the shoreline must be located landward of the shoreline structures. §111-11. Nearshore area. Clean sand or gravel of an equivalent or slightly larger grain size is the only material which may be deposited within nearshore areas.~May4eposifio~ and wi!! requires a coastal erosion management permit. §111-12. Beach area. Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the New York State Department of Environmental Conservation. January 15, 2013 Page 25 Southold Town Board Meeting Minutes §111-14. Bluff area. Bluffs protect shorelands and coastal development by absorbing the often destructive energy of open water. Bluffs are a source ofdepositional material for beaches and other unconsolidated natural protective features. The following activities are prohibited on bluffs: (4) Disturbance of active bird nesting and breeding areas, unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the New York State Department of Environmental Conservation. §111-25. Appeal to Board of Review. The Coastal Erosion Hazard Board of Review may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination of the Administrator, including stop or cease-and-desist orders. Notice of such decision will forthwith be given to all parties in interest. The rules and procedures for filing appeals are as follows: A. Appeals may be made only by the applicant in the underlying decision. A.B~. Appeals must be filed with the Town Clerk within 30 days of the date of the adverse decision. B.C~. All appeals made to the Coastal Erosion Hazard Board of Review must be in writing on standard forms prescribed by the Board. The Board will transmit a copy to the Commissioner of the New York State Department of Environmental Conservation for his information. C~.D~. All appeals must refer to the specific provisions of this chapter involved, specify the alleged errors, the interpretation thereof that is claimed to be correct and the relief which the appellant claims. §111-27. Coastal erosion management permit. A coastal erosion management permit will be issued for regulated activities which comply with the general standards (§ 111-9), restrictions and requirements of the applicable sections of this chapter, provided that the following are adhered to: Permits will be issued by and bear the name and signature of the Administrator and will specify the: (5) Period of permit validity. If not otherwise specified, a permit will expire v, nc year two years from the date of issuance. §111-29. Powers and duties of Administrator. The authority fbr administering and enforcing this chapter is hereby conferred upon the January 15, 2013 Page 26 Southold Town Board Meeting Minutes Administrator. The Administrator has the powers and duties to: Designate the Southold Town Police Depattment, Bay Constables, and/or the Office of Code Enforcement to enforce Transmit w.~tt~ net!cc cf violations of this Chapter and notice of violations to-against property owners or to other responsible persons. II1. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: 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. § 275-4. Exceptions. The provisions of this chapter shall not require a permit for the following: (10) Installation of new or replacement windows, roof shingles, solar panels, siding; or doors, on existing upland structures and second story additions that are made cn!y if a~diticns are within the existing footprint of an existing ~ upland, wet!ands pc.m.ittc~ structure. § 275-11. Construction and operation standards. General. The following standards are required for all operations within the jurisdiction of the Trustees: (6) Platforms. (a) Platforms associated with stairs may not be larger than 30:100 square feet. IV. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided ~y law. Vote Record - Resolution RES-2013-90 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Mover [] [] [] [] [] Tabled Christopher Talbot Voter [] [] E] [] [] Withdrawn Jill Doherty Voter [] [] [] [~ [] Supervisor's Appt Albert Ktupski Jr. Second [] [3 [] [] er [] Tax Receiver's Appt January 15, 2013 Page 27 Southold Town Board Meeting Minutes [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Cleck's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt No Action [3 Next: 1/29/13 4:30 PM VI. Public Hearings Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Jill Doherty, Councilwoman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell PH 1/15/13 ~ 7:32 PM LL/Amends to 111 & 275 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 18th day of December, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 111~ Coastal Erosion Hazard Areas and Further Amendments to Chapter 275~ Wetlands and Shoreline". NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 15th day of January, 2013 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 Coastal Erosion Hazard Areas and Further Amendments to Chapter 275~ Wetlands and Shoreline" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 111~ Coastal Erosion Hazard Areas and Further Amendments to Chapter 275~ Wetlands and Shoreline". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. January 15, 2013 Page 28 Southold Town Board Meeting Minutes The Town of Southold has the authority to administer a Coastal Erosion Management Program within its jurisdiction. One purpose of this chapter is to establish standards and procedures to protect natural protective features, expanding the definition to include wetland areas. Another purpose of this chapter is to regulate development activities in coastal areas subject to coastal flooding and erosion in order to prevent damage or destruction of natural protective features and other natural resources. Regulating how to calculate the building area with more specificity will aid in preventing unnecessary damage to the natural protective features and protect human life. A coastal erosion management permit is necessary for the installation of cable service landward of the shoreline structures, consistent to other similar services. Reference to Chapter 236, recognizes certain activities that require a coastal erosion management permit and also fall within the regulations of Stormwater Management. II. Chapter 111 of the Code of the Town of Southold is hereby amended as follows: §111-6. Definitions. ADMINISTRATOR -- The local officials responsible for administrating and enforcing this chapter. The Southold Town Board of Trustees is hereby designated as the "Administrator." The Administrator designates the Southold Town Police Department, Bay Constables and the Office of Code Enforcement as responsible for the enforcement of this Chapter. LIVABLE FLOOR AREA -- All spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and approved basements having a window area of less than 10% of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit. MAJOR ADDITION -- An addition to a ......... principal building resulting in a twenty-five- percent or greater increase in the ~ ...... area ee, verage building footprint of the stmc4ur~ principal building other than an erosion protection structure or a pier, dock or wharf. The increase will be calculated as the proposed hvable floor area e,- .............. ~, .......... , including any additions to the principal building prc;Se, u:!y constructed ~ ~ as of the enactment date of this chapter, divided by the ~',v'an~ area ee,:'erage livable floor area of the ' ' ~ ......... ~ ..................... ~, ............... principal building. NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff; primary dune, secondary dune, wetland or marsh and their vegetation. PRINCIPAL BUILDING - A building in which is conducted the main or principal use of the lot on which said building is located. UNREGULATED ACTIVITY -- Excepted activities which are not regulated by this chapter include but are not limited to elevated walkways or stairways constructed solely for pedestrian use and built by an individual property owner for the limited purposes of providing January 15, 2013 Page 29 Southotd Town Board Meeting Minutes noncommercial access to the beach; docks, piers, wharves or structures built on floats, columns, open timber piles or other similar open work supports with a top surface area of less than 200 square feet or which are removed in the fall of each year; normal beach grooming or cleanup; maintenance of structures when normal and customary and/or in compliance with an approved maintenance program; set up and maintenance of temporary wildlife protective structures; planting vegetation and sand fencing so as to stabilize or entrap sand in primary dune and secondary dune areas in order to maintain or increase the height and width of dunes; routine agricultural operations, including cultivation or harvesting; and the implementation of practices recommended in a soil and water conservation plan as defined in § 3, Subsection (12), of the Soil and Water Conservation Districts Law; provided, however, that agricultural operations and implementation of practices will not be construed to include any activity that involves the construction or placement of a structure. WILDLIFE PROTECTIVE STRUCTURES - Structures, temporary in nature, used for the sole purpose of protecting nesting and habitat of wildlife species. §111-10. Structural hazard area. The following restrictions apply to regulated activities within structural hazard areas: A coastal erosion management permit is required for the installation of public service distribution, transmission or collection systems for gas, electricity, water or wastewater and cable service. Systems installed along the shoreline must be located landward of the shoreline structures. §111-11. Nearshore area. Clean sand or gravel of an equivalent or slightly larger grain size is the only material which may be deposited within nearshore areas.-Ampdepositim~ and wi!! requires a coastal erosion management permit. §111-12. Beach area. Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the New York State Department of Environmental Conservation. §111-14. Bluff area. Bluffs protect shorelands and coastal development by absorbing the often destructive energy of open water. Bluffs are a source ofdepositional material for beaches and other unconsolidated natural protective features. A. The following activities are prohibited on bluffs: January 15, 2013 Page 30 Southold Town Board Meeting Minutes (4) Disturbance of active bird nesting and breeding areas, unless such disturbance is pursuant to h specific wildlife management activity approved, in writing, by the New York State Department of Environmental Conservation. §111-25. Appeal to Board of Review. The Coastal Erosion Hazard Board of Review may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination of the Administrator, including stop or cease-and-desist orders. Notice of such decision will tbrthwith be given to all parties in interest. The rules and procedures for filing appeals are as fbllows: A. Appeals may be made only by the applicant in the underlying decision. A.B_:. Appeals must be filed with the Town Clerk within 30 days of the date of the adverse decision. B.C~ All appeals made to the Coastal Erosion Hazard Board of Review must be in writing on standard forms prescribed by the Board. The Board will transmit a copy to the Commissioner of the New York State Department of Environmental Conservation for his information. C=.D_=. All appeals must refer to the specific provisions of this chapter involved, specify the alleged errors, the interpretation thereof that is claimed to be correct and the relief which the appellant claims. §111-27. Coastal erosion management permit. A coastal erosion management permit will be issued for regulated activities which comply with the general standards (§ 111-9), restrictions and requirements of the applicable sections of this chapter, provided that the following are adhered to: Permits will be issued by and bear the name and signature of the Administrator and will specify the: (5) Period of permit validity. If not otherwise specified, a permit will expire two years from the date of issuance. §111-29. Powers and duties of Administrator. The authority for administering and enforcing this chapter is hereby conferred upon the Administrator. The Administrator has the powers and duties to: Desi~ate the Southold Town Police Department, Bay Constables, and/or the Office of Code Enforcement to enforce ............................. wolatlons of this Chapter and notice of violations to-against property owners or to other responsible persons. January 15, 2013 Page 31 Southold Town Board Meeting Minutes III. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: 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. § 275-4. Exceptions. A. The provisions of this chapter shall not require a permit for the following: (10) Installation of new or replacement windows, roof shingles, solar panels, siding~ or doors, on existing upland structures and second story additions that are made cn!y if additions arc within the ~ footprint of an existing ~ upland, . ......... r .......... structure. § 275-11. Construction and operation standards. General. The following standards are required for all operations within the jurisdiction of the Trustees: (6) Platforms. (a) Platforms associated with stairs may not be larger than 3~ 100 square feet. IV. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have several other documents from Mark Terry, LWRP coordinator. "The proposed local law has been reviewed to chapter 268, Waterfront Consistency Review of the Town of Southold town code and the Local Waterfront Revitalization program 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 January 15, 2013 Page 32 Southold Town Board Meeting Minutes proposed 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. The purposed of this code section is to regulate new construction or placement of structures in order to place them a safe distance from areas of active erosion and the impact of coastal storms. Similarly, policy 4.1 of the LWRP reiterates the purpose stating 'minimize losses of human life and structures from flooding and erosion hazards.' Pursuant to chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action." I have also got another from Mark Terry, Principal Planner and LWRP coordinator "The proposed action has been reviewed to the New York State Department of Environmental Conservation regulation 6NYCCRR part 617 State Environmental quality review and it is my determination that pursuant to part 617.5c(27) the action as proposed is a type II action and therefore not subject to SEQRA review." I have a letter from Andrew Freleng and Sarah Lansdale of the Planning Department Suffolk County "Pursuant to the requirements of Sections A 14-14 to 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 an action for local determination as there is no apparent county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval." And from Donald Wilcenski, chairman of the Southold Town Planning Board "The Planning Board has reviewed the local law in relation to amendments to Chapter 111, coastal erosion hazard area and further amendments to chapter 275, wetlands and shoreline and supports the changes." I have a notice that it was published in the Suffblk Time on January 3, 2013 and that it was posted on the Town Clerk's bulletin board on December 19, 2012. And that is all. SUPERVISOR RUSSELL: Before we get started, I just want everybody to know that we have Trustee's Ghosio, Bergen and King with us tonight, 1 am sure they are available to answer questions if you have any. And at this point, 'I am going to let anybody that would like to comment on this proposed local law to please feel free to step forward. Pat Moore. PATRICIA MOORE: Before I begin, I do want to wish Mr. Krupski all the luck and I will be anxiously watching for the results. COUNCILMAN KRUPSKI: Thank you. MS. MOORE: I give you kudos tbr being here tonight, I am sure you are on pins and needles. I also want to extend, at least for the Board to, before I get into the law, I want to commend the Trustees that are here and certainly the entire Board with the amazing job that they have done in trying to help people that have gone through the storm damage. They have really extended themselves, they have worked very closely and well with the community and I know that everybody that has been affected is very appreciative of the job that they have done as well as the staff's job. I would urge the Board that in the future if we have anymore terrible, extensive damage as we have had recently, you know, this past time, consider moving some staffing to the Trustees office, to their workers, to help expedite the processing of permits because I know that it was very stressful, it was very difficult for the staff that was there. They did a remarkable job but in fairness to them, really that was beyond the scope of any one department to have to handle without extra help. So I would hope that you would consider that in the future. I can only say January 15,2013 Page 33 Southold Town Board Meeting Minutes that they really did a wonderful job. I am here to address the chapter 111. The 275 changes appear to be the same as what was intended last time, so seem fine. The code revisions that you are proposing for 111 go far beyond the federal and the state requirements. I remember, I guess I am old enough, that I remember when the coastal erosion law came down from the federal to the state and then down to the town and the town adopted it with the guidance of the state. It was a significant law and it put significant restrictions on the redevelopment of homes. But the effort was to make it fair and the fairness was in allowing the expansion of homes, normal expansion of homes, about 25% on the ground cover area coverage was the intention by the federal and the state law to allow for the reasonable expansion of homes, the reality that as these old homes get reconstructed, replaced, that they are, they have to meet certain state building code requirements which changed the dimensions. So the law that was sent down and adopted by the town was carefully drafted. This change is a significant deviation from it and I will point out why. When you define the livable floor area and then you take, you use the livable floor area to determine what extent of expansion you are permitting. Let's say, and I will use North Sea Drive as an example. I am very familiar with that development so let's take one of the very few homes that are left that may be are the original cottages. I think that all of you would recognize if you went down North Sea Drive there are very large homes, year round homes, significant homes that have developed over the years. There are maybe a small handful of cottages that are probably at this point still in the family ownership, they have not turned over. Estates may have owned it and family members have carded on with the cottages. What you are doing is, let's take one of those cottages which is about 500 square feet, approximately. But most, if you go down there you probably wouldn't see many that are more than 500 square feet. You have eliminated the use of any decking, any enclosed porches into that calculation of the baseline square footage of a home that can be reconstructed. And let's say you are going to take that 500 square feet and add the permissible 10 percent, okay. Excuse me, 25 percent. I stand corrected. 25 percent on a 500 square foot house is 125. Add 500 to 125, you don't even meet the state building code standard for a single family dwelling. So there is reasoning behind the law as it was passed down and what you are doing here is you are so restricting the redevelopment of homes, take two examples. You get an example of a large home, less impact. The reality is you have got very small homes that would like to expand and eventually may want to expand. There may be family members that ultimately that property is ready to be sold. You have impacted the value of that property tremendously. Meanwhile, they look up and down the block and there arc 2,000-3,000 square foot homes right next door to them and you are forcing a 500 square foot home to remain in that location. That to me would be inverse condemnation it is regulatory taking, maybe a court would disagree it is not regulatory taking because, well, we elect our officials and you can adopt anything that you want but the reality is you have to be fair. You have to look up and down the block and say wait a second. Take any one of those homes and use it as an example to see if it really is what you are trying to address. For example, North Sea Drive. The entire south side of North Sea Drive is in the coastal erosion area. The reality is with the Sandy storm, none of them were affected because they are 300 feet away from Long Island Sound. The mapping of the coastal erosion area was done very generally and was intended to become more specific and more carefully revised over the years but like anything, it comes down, it gets adopted and nobody ever makes any effort to correct it or to even customize it to the particular area. So that is my major objection to this, to these revisions. The homeowners, in fairness, put yourselves, I don't know if any of you live in a home that is about 1,000 square feet but imagine if you were January 15, 2013 Page 34 Southold Town Board Meeting Minutes being told, well, you can't use your garage towards that 1,000 square foot calculation which most of us use when you are being when you are being taxed. They are taxing your garage, your enclosed porches, the whole bit. You are creating these artificial parameters that are so restrictive, so onerous. It upsets me to see people to have to live through this when again, look up and down the street. Overnight you are making changes that in fairness when people look around, they say wait a second. Why did all of a sudden the rules change for me when everybody else has beautiful homes? So that's my one criticism of that and I really hope you will consider my comments. A technical point which is appeal to the Board of Review, you have paragraph 8 says appeals may be made only by the applicant in the underlying decision. Why?. I can see a scenario where one of these properties is under contract, many times the buyer is given the burden of going for the permits. They don't want to buy a property obviously until they know that they have their permits that are going to be granted. So they are a contract vendee. Let's say the contract vendee that that person gets an adverse decision. Now what you are saying is well, the contract vendee made the application but the underlying property owner who is truly going to be affected in the long term and forever with whatever decision has come down on that application, you are saying appeals may only be made by the applicant in the underlying decision. It makes absolutely no sense. As a matter of law, the property owner has an absolute right to appeal. The contract vendee, arguably they are spending the money to go through the process. So that particular paragraph, sentence, doesn't make any sense to me and maybe nobody was thinking about the contractual requirements and how that might impact any permitting processes. Those are my comments, sometimes I feel like I am just here for the fun of it but I really hope you will consider it. the changes are not just minor changes adopting the rules that are already in place, you are really making major changes. I would suggest if you want to be productive in the 111, the coastal erosion law, look at the areas, customize the coastal erosion lines and go back to your buildable area definition because I told you this way back when and it is still on the books and is still causing problems, if you have a house as in the example of North Sea Drive or any of the properties were the road becomes the coastal erosion line and you have homes on the seaward side of that road, our buildable land definition means that anything you do there is non-conforming. Anything you do there requires, is a 100 percent lot coverage issue. That is not the intent. It doesn't make sense and it just creates these obstacles and the Zoning Board has to deal with it and address it and let me tell you that their position is they have to follow what the rules are with variances and they shouldn't be giving any variances. They give the minimal variances. Well, if you have overnight created a whole community that is now within the coastal erosion area, you are creating a particular property that needs 100 percent variance on the lot coverage issues. That is something that should have addressed right from the beginning when you adopted buildable areas definition, it is still on the books and it's still creating problems. Because you have used the buildable area definition but you still have the lot coverage, the side yard setbacks, rear yard setbacks, all this setbacks as if the entire property is applicable and the reality is that you might have 1/10th of your property that is buildable but you have got setbacks as if it is a 5 acre piece on a 1 acre buildable area. So those are legitimate reasonable things to be looking at and addressing. This is just more regulation, more taking of property rights and invoking restrictions that are just layered upon layered upon layered of restrictions. I don't know who is asking you to do all this but really, enough. Enough government regulation. You are giving me a lot of job security but it is not pleasant. It is very frustrating. So, thank you. January 15,2013 Page 35 Southold Town Board Meeting Minutes COUNCILMAN TALBOT: One comment. You know we can't customize the coastal erosion hazard line. MS. MOORE: Oh, yes you can. Absolutely you can. COUNCILMAN TALBOT: That is why they pulled away the review from the village of Quogue because they were allowing these structures southward or seaward of the coastal erosion hazard line and they pulled away all of their review of it. MS. MOORE: No, no. What I am suggesting is... COUNCILMAN TALBOT: You are putting the community at risk if you do that. MS. MOORE: No, that is not the case. What I am talking about is, I know what you are saying, if you are granting variance after variance on the coastal erosion law, then yes, that's the fed/state government program, the flood insurance programs, they start looking at the management of the town and the variances. Yes, to that extent. What I am talking about is, it is a re-mapping program where you are taking the particular areas and you are identifying whether or not they are truly coastal erosion issues. You have North Sea Drive has absolutely zero erosion, okay? that is not an erosion area whereas you go up further west, Mattituck you have the bluffs. There you are talking about erosion, so the erosion line makes sense. So when the law was put on the books and the map was done it's, you know, the typical big magic marker line that's a 25 foot line when you are, you know, the magic marker equates to 25 feet, okay? the intention was and if you talk to Eric Star or any of the guys that manage the FEMA programs, they will be the first ones to tell you that there are procedures you can actually, the community can go in, the homeowners can go in and seek re-mapping and reevaluation of the coastal erosion lines, the flood lines as well. COUNCILMAN TALBOT: Have you seen it done? COUNCILMAN KRUPSKI: One time in Orient. A homeowner appealed, it was just east of the causeway. And we went out there and looked and it was clear that the line was way off. We had Eric Star come out and .... COUNCILMAN TALBOT: One property. COUNCILMAN KRUPSKI: What's that? COUNCILMAN TALBOT: One property. MS. MOORE: Well, it is a difficult process. COUNCILMAN KRUPSKI: Yes, one property, a small section. Maybe it was more than one, it wasn't many more than one. January 15, 2013 Page 36 Southold Town Board Meeting Minutes COUNCILMAN TALBOT: And that couldn't be determined in house? COUNCILMAN KRUPSKI: No, no. They had to look at it. MS. MOORE: No, no. It takes some effort. It is not a simple process. COUNCILWOMAN DOHERTY: And it has to be approved by the state. MS. MOORE: Pardon me. COUNCILWOMAN DOHERTY: It has to be approved by the state. MS. MOORE: Yes. Absolutely. COUNCILWOMAN DOHERTY: We have to appeal that to the state and the state makes the decision, not us. MS. MOORE: Exactly. Well, it is kind of a joint venture and .... COUNCILWOMAN DOHERTY: We can request it. MS. MOORE: You can request it. COUNCILWOMAN DOHERTY: But we have no say in whether it is going to happen or not. MS. MOORE: No. But not doing it doesn't help anybody. And there are communities that would be very helped by correcting it. you know, the coastal erosion law is fine, it works great if you don't have an entire house in it, okay? once you have your entire house in the coastal erosion law, it is just a disaster to try to repair houses, reconstruct houses, do anything to the house. And Scott, you were in the Assessor's office, I can just imagine that over time, arguably you put these kind of regulations on the homes, 1 would be the first one to the Assessor's office to say wait a second, look at this, they just limited me to a 120 square foot expansion max on my property. You can't, my tax bill doesn't jive given the regulations, limitations you have imposed on me. So you know, I really would urge, work together, we are not, I am not saying throw out coastal erosion law. It makes sense in the right circumstance. And any time you want to, I would be happy to give you any information I have on re-mapping. Always happy to help, you know .... COUNCILMAN TALBOT: Also, your property is not taxed on what you may be able to do with it. MS. MOORE: Well, that is not true. The fair market value is based on what you can do with it. You know, when i, let's say you and I are both, as an example, I will look at a house and it is you know, it has a beautiful view, it is on the water. The house is so so but the potential for the January 15, 2013 Page 37 Southotd Town Board Meeting Minutes renovation of that house on the beautiful site, well that house is worth something on the market. The way you assess is based on fair market value. COUNCILMAN TALBOT: Based on improvements to the property. MS. MOORE: Pardon me? COUNCILMAN TALBOT: Improvements to the property. MS. MOORE: No, it is not based on improvements. SUPERVISOR RUSSELL: It is actually a combination of two factors. The fair market value of the land combined with the construction value of the home. MS. MOORE: Exactly and the potential for, will it raise the fair market value. I mean, if you have two properties and one is limited in its redevelopment and one is not, you know... SUPERVISOR RUSSELL: I wish the assessment process were as (inaudible) MS. MOORE: No, it is complicated but it is not a, it is not as Mr. Talbot states. Okay. SUPERVISOR RUSSELL: Okay. Does anybody want to address any of those issues? JOHN BETSCH: John Betsch, Southold. I really only have one question, it is really either to the Trustees or the Town Board, is why? Why are you changing this now? Why didn't, you know, if you are reducing the denominator, it is really hypothetically a take away. Why are we now changing it from ground area to livable area? What was the rationale? I am just trying to understand it. If somebody could answer it. SUPERVISOR RUSSELL: Does a Trustee want to address this? MR. BETSCH: There has to be a rationale why you are changing it, if you are changing it. BOB GHOSIO: Bob Ghosio, Southold Town Trustee. To address the issue, we have had, we have been working on this for years now. This was the next logical step from when we did the refinements to Chapter 275. At the same time that we were working on that going back to 2007, we were also trying to address this, to bring everything into a little bit more of a workable formula between the two codes. Obviously we go this one which you have to deal with where we were the administrators tbr a state code plus our own wetlands code. As far as this one particular item that you are discussing, this went through a variety of different formulations as time went on but we were finding and correct me if I am wrong, what we were finding was that some of the expansions in the applications that were coming across that were in the coastal erosion zone, were getting larger and larger as they were coming in. what we found was that when you looked at some of these projects, some of these projects had been additioned before. So we were finding new applications for additions on things that have already been increased in January 15, 2013 Page 38 Southold Town Board Meeting Minutes recent years or in the last 20 years. There was nothing in the code that said that we, when we used the old formula, you could continue to increase every year using the existing footprint. So what we said was well, okay, there has got to be some kind of a limit to that. and you know, every time you come in and you make application, you can increase your 25%. Well, 25% of 1,000 today is a whole lot more when you do another one 5 years from now, 25% of 1,250 and it becomes incrementally larger and larger and being a permitted, a possible permitted addition in the coastal erosion zone. What we wanted to do was reign some of that in. Talking about North Sea Drive for example, you have got houses there now that the shadow that they cast on the neighbors is ridiculous, they are not even getting sun. I mean, you have got homes on North Sea Drive and say Rabbit Lane for example, where they are lined up next to each other with nothing but a shadow in between. I don't think that was something that the coastal erosion was really intending on allowing to happen and something we need to come across more and more as we address these applications and this was our way of trying to address that. Whether or not it is the perfect way to do it, I don't know. I am open to discussion like anybody else, that is why we are here. But that was the intent as far as I recall. JIM KING: Jim King from the Trustees. I think some of the issue is I think the term structure was used to increase the area by 25%. And what was happening was we were using patios, walkways and everything on the property as the structure. So you take 25% of that, is much more than the 25% increase of the actual structure itself, the house would be. And that is what we are trying to get away from and that is why this was defined as the living area. SUPERVISOR RUSSELL: Pat? COUNCILMAN KRUPSKI: So if you, just to comment on that. so what you are saying is, if you had a house and you excluded the breezeway and the garage, I am sorry, the existing house with a breezeway and garage and you excluded t he breezeway and garage from your calculation, you could build a house 25% larger but keep the breezeway and garage. You still have that. So you wouldn't eliminate that. MS. MOORE: Well, I understand their point and I don't disagree that the thought process in the ordinance actually was a cumulative square footage over the years since coastal erosion and it can be written that way but what my concern is, the way it is written now is that those that have not had any kind of coastal erosion applications, that are essentially the original properties, are going to be completely dwarfed, completely stopped from redeveloping their property anywhere close to their neighborhood. So you are penalizing the little guy because of the big guy, when in fact it would be very simple to address the code in that way and ! understand Jim and 1 understand what they are saying which is if they have already received expanded, let's come up with some minimum calculations. Let's say that if they, the livable floor area exceeds a certain number, okay, but you have small homes, you have 1,200 square foot homes, anywhere from 500 to 1,200 square foot homes are very modest homes. And that's where those people would be most affected because, you know, it is a percentage. 25% of that is insignificant. So maybe it needs some working, the livable floor area, this ratio just....when you are doing this, when you are adopting laws, take both extremes. See if the little guy is going to be affected more so even than the issue that you are really trying to address, which is the exponential increase of large January 15, 2013 Page 39 Southold Town Board Meeting Minutes homes which is what I think Jim is mentioning. You know. If that is what you are trying to address, write it that way. But what is written now really doesn't do it. COUNCILWOMAN DOHERTY: Pat, the 500 square foot homes that you are talking about are the summer cottages .... MS. MOORE: Yes. COUNCILWOMAN DOHERTY: ...that are in the communities that were meant to be summer communities and now what is happening is these people are making them year round houses, the land is too sensitive to be year round in most cases. So the 500 square foot homes are summer homes, not to be meant to be used year round. They can apply for and make it year round but you know .... MS. MOORE: I am not so sure .... COUNCILWOMAN DOHERTY: You are not talking about the normal size house, like a 1,200 square foot house or larger, the small tiny little cottage, like I am thinking Rabbit Lane and you know, they are not meant to be 8,000 square foot houses. MS. MOORE: Oh, no but if, we have other provisions in the code that put the limitations on it. COUNCILWOMAN DOHERTY: Right. MS. MOORE: You have got setbacks, you have got lot coverage, you have got so many other parameters .... COUNCILWOMAN DOHERTY: Right. MS. MOORE: That are being used to shrink the size of the home. For example, Rabbit Lane. Good luck in trying to get the town, the Zoning Board to give you an 8,000 square foot house on a 50 by 100 lot. That is not going to happen. But it is addressing problems one way when you have got multiple layers that can address it and control it. if the property was so sensitive, for example North Sea Drive is my easiest example, Bombara finally got his approval, okay? That community, if it was so sensitive, it never should have been developed, it should have been condemned. If that is the situation, condemn the property. Don't condemn it on somebody's back. It is not fair for, imagine you being the person who owns that little house to suddenly have your financial security affected because the town doesn't want to spend the money to condemn if they feel so strongly that the property is too sensitive to be developed. You know, 1, there are very few areas in town that if in fact they were so sensitive, buy them. COUNCILWOMAN DOHERTY: ! am not saying too sensitive to develop but to develop to that extent. January 15, 2013 Page 40 Southold Town Board Meeting Minutes MS. MOORE: But I am not saying, I am not saying carte blanche 25 % of an 8,000 square foot home, I think what was being done at the time was yeah, let's call, structure, ground floor area was being used because alright, let's count up the ground floor area maybe it adds up to at most 1,000 square feet and we are now at you know, 25% over that. so that, those were the numbers that were being applied and it was kind of a numbers crunching game because you were you know, just trying to get through the coastal erosion law which was so onerous in and of itself that you had to come up with the careful language that gave you the ability and gave the Trustees the ability to issue the permits because the Trustees themselves were constrained to allow for construction that didn't meet the coastal erosion guidelines. So, you know, it has been working. It works so far and if the problem is that the large homes you want to put a, stop them from getting any bigger, okay, write it in. COUNCILWOMAN DOHERTY: Well, there also is case law. I don't have the exact law with me right now that shows that the state does not consider decks as part of the structure of a house, in an expansion under coastal erosion. So this kind of.... MS. MOORE: But they would consider garages and breezeways and enclosed porches. Right? COUNCILWOMAN DOHERTY: I don't know, I would have to read that case law. MS. MOORE: Yeah, yeah, no, I think it would because applicable floor area. COUNCILWOMAN DOHERTY: A judge said that decking is not included in the livable space of the house, you can't include that in the expansion. MS. MOORE: Right. COUNCILWOMAN DOHERTY: Calculations. So it is kind of going with other parts of the state code and we have talked ..... MS. MOORE: Well, that is fine, I mean .... COUNCILWOMAN DOHERTY: And the ZBA was consulted on this as well. MS. MOORE: Oh, I am sure the ZBA was, I think that, one of my cases was North Sea Drive that probably generated that opinion. You know, the reality of whether that was legitimate or not, it didn't go to appeal, I don't know, you know. That is a matter ora .judges opinion. Fine. Everybody lived with it but the reality is that you have done a lot more than just say decking isn't included. You know, you pretty much identified only the bare bones living area of the house as the livable floor area when in fact you may have, particularly summer cottages and the rest, you may have a lot of additions and annexes that create extra living space and would certainly be entitled to that 25%. That has been taken away by this. LILLIAN BALL: Lillian Ball, Southold town. I am here to commend you for increasing the vigilance with which you pay attention to the shoreline. Because I stood there, the morning of January 15, 2013 Page 41 Southold Town Board Meeting Minutes Sandy and I watched lots of North Sea Drive go right out to see. The bushes and the grasses are planning on staying there but they were eroded. We had erosion all the way down, I watched my neighbors come within inches of their houses being flooded. I watched Goldsmiths Inlet, the primary dune, go out to sea with A1 standing there on the comer, sort of saying wow, this is something. This is real. Those houses that are being built there, many of them are too big. The mistakes that are being made in the past, we don't want to make them again. I remember when both Al and Jill were on the Trustees and they had that picture of the giant house on Leeton Lane, which was lot line to lot line. This is not the Hamptons. We don't want the Hamptons. We want respect for our shoreline. And those small houses, many of those people are very happy to have their small houses. They just don't want to be living in the shadow of those big houses. It is a very, very sensitive area. The erosion that has happened, I have lots of pictures I can show you all up and down the whole length of the interdunal swale area between Horton's Point and Goldsmiths Inlet. I think it is really important that you do limit that size. I am very, very happy to be here speaking in support of these rules because I think we have to draw the line in the sand. We have to draw the line in the sand. There are certain things that can't keep happening there. And just because there are big houses there now doesn't mean that every lot line to lot line has to be filled with houses that are not in the character in the neighborhood and not necessarily what the people in the neighborhood want. Some of those people like their smaller houses. They just don't want to be dwarfed. So I would ask actually a couple of questions about the exemptions, how you are looking at the exemptions. I am just wondering what that specifically this one, the unregulated activity. I am just curious why that is written in that way? As those are things that, coastal erosion hazard doesn't generally regulate those kind of issues. Is that the case? COUNCILWOMAN DOHERTY: Yes, that is exempt under this chapter. MS. BALL: Because it is more chapter 275? COUNCILWOMAN DOHERTY: Right. Or DEC handles it. Wildlife and, right now if we don't add this, set up and maintenance of temporary wildlife protection, that means that people that are setting up for piping plovers have to come get a coastal erosion permit to set up for that. MS. BALL: Yeah, that is definitely not what we want. Not what we want. So and the structure, all the language regarding wildlife structures l think is pretty good. But I don't see any way that you can limit the situation because you know those people will be coming back in front of the Trustees and saying, oh, you know, my deck blew away and if I need to have a new deck built and if it is three times as big as it was the time before, these storms are not going away. They are not fluke occurrences and I think sea level rise, you can just see it, in the 10 years 1 have lived in Kenney's beach, you can see it. Those bluffs are not, those dunes are not recovering. They are going back. They are retreating. And the houses that are there, the people who renew their, you know, who get building permits to do redevelopment as Pat likes to call it, are in many cases really cutting off their noses to spite their face. Those houses have to be moved back and the lots are small. The lots are tiny. We don't want to be like the Rockaway's. Look at what happened to the Rockaway's. Were they could borrow a cup of sugar from the neighbor without even going outside. Just sticking their hand out the window. It's not the character of Southold, nor is January 15, 2013 Page 42 Southold Town Board Meeting Minutes it the way to protect our coastlines. So I am very happy to see that the role is being clarified in such a way so that it does make people think twice. Thank you. MR. BETSCH: I am sorry. Being very familiar with North Sea Drive, there have been several statements that have been made that I have to correct, if you will. Bob, as far as houses on North Sea Drive within the coastal erosion line blocking the sun of other houses, untrue. There is none like that. Jill, your comment about the fact that 500 square foot houses are meant to be summer homes only, when someone has a piece of property that is approaching $1,000,000 in value, those people have a right to be able to build more than a summer house. So I, the fact that they should stay summer houses as .... COUNCILWOMAN DOHERTY: I didn't say they should stay, I just said that when they were first constructed, that's what their idea was, to be summer houses. They have every right to come in and expand, I didn't say they shouldn't, I am just, right now they do but we need to say that they can't expand to the extent where they are overkill on the whole neighborhood. MR. BETSCH: Okay. The way it came across was wrong. And as far as Lillian, the area that you are talking about is actually behind the coastal erosion line. All those houses down on Leeton, they are on the south side of the coastal erosion line. Has nothing to do. As far as the storm, since the Sandy storm, North Sea Drive has grown in sand. Yeah, when the storm came down on the 12:00 tide, every log and every tree from Orient was on our beaches. By the 12:00 tide took them all away, sent them to City Island and the beach grew. So if you are familiar with North Sea Drive, it's a little different. Leeton where the coastal erosion actually part of North Sea Drive, the coastal erosion line changes and some of those large houses are also behind the coastal erosion line. So you have to be very familiar with that area to talk about it. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this local law? Anybody? COUNCILMAN KRUPSKI: Just as, being familiar with the law over the years and listening to all the comments, it just seems like the Trustees are trying to clarify exactly what would be livable floor area and then subject to the 25% expansion and I know experiencing, struggling at some times with trying to determine what could be used in that 25% expansion I know has been a challenge. And don't forget, you have that, what the Trustees determine what the livable floor area is and what you can expand and then you have the appeals process and some of this here have gone through the appeals process, you follow the rules, you appeal to the Town Board and then you see, you know, that's what it is there for. There is a safety net there. SUPERVISOR RUSSELL: Anybody else like to comment on this? COUNCILMAN KRUPSKI: And I did ask Martin about that other item that Pat brought up, about only the applicant being the only person able to appeal. In that case, Martin said that the applicant would really be the agent of the owner and so in that case, the owner would also be able to appeal because more or less considered legally the same person. January 15,2013 Page 43 Southold Town Board Meeting Minutes COUNCILWOMAN DOHERTY: Can we clarify that? SUPERVISOR RUSSELL: The intent is to invest more property right into the owner so that a neighbor that doesn't want you to build can bring a grievance before this Town Board and try to stop you, which is not fiction, it has been attempted in the past. The idea here is that your appeal comes right to the Town Board as the applicant and the affected party. Period. MS. MOORE: That is what you are intending. Okay. TOWN ATTORNEY FINNEGAN: Can I? SUPERVISOR RUSSELL: Yes. TOWN ATTORNEY FINNEGAN: I just wanted to confirm for the record that all of these amendments were arrived at following extensive review by the DEC and the Department of State and we would not have been able to notice this law had it not been approved and been determined to be consistent with the intent of the state law. So there should be no question as to that. SUPERVISOR RUSSELL: Okay, thank you. response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Jill Doherty, Councilwoman AYES: Would anybody else like to comment? (No Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Closing Comments Supervisor Russell SUPERVISOR RUSSELL: Alright, that concludes the business of the agenda. awkward and less than pretty fashion. In a very PATRICIA MOORE: I think they were asking you if you could adopt the 275 section (inaudible) SUPERVISOR RUSSELL: It is all part of one local law, so we have to wait two weeks. That concludes the business of the agenda. Would anybody like to address the Town Board on any issue? Please feel free. Trustee Dave Bergen DAVE BERGEN: Dave Bergen, Cutchogue and Trustee. I just wanted to thank the Board very much for the appointment of a part-time bay constable because I know with, and with the appointment of the full time, the new bay constable because 1 know with the training period that is going to be required for the new full timer, it was going to leave the bay constables really short handed during a time period where we are possibly into the summer when it is critical that we January 15, 2013 Page 44 Southold Town Board Meeting Minutes have sufficient staffing of the bay constables out on the water. 1 was just curious if there is going to be a senior bay constable appointed so that we have a go to person with the bay constables? SUPERVISOR RUSSELL: That is something the Board will discuss with the police chief. MR. BERGEN: Okay. Because it really helps us to have a go to person .... SUPERVISOR RUSSELL: The bay constables are your go to people. MR. BERGEN: No but when we had Donnie as senior bay constable, it made it very easy for us to go to Donnie for things. Thank you. COUNCILMAN TALBOT: 1 have got something that I would like to bring up, not to do with any of this stuff tonight but with regard to posting of properties. Everybody's residential property in regards to what is in the town code, they are supposed to have the address posted out in the street. It has come up, it is to the benefit of everybody with the fire service, the police department or anybody else that has got to make a delivery to your house. You are supposed to have posted at the street or visible from the street, the house number at where you reside. So if you don't have it, could you please do it. COUNCILWOMAN DOHERTY: I just have one thing to say. Happy Birthday, Chris. Supervisor Russell SUPERVISOR RUSSELL: Anyone else? Motion to adjourn. Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:32 P.M. Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell