HomeMy WebLinkAboutAG-08/29/2017
ELIZABETH A. NEVILLE
Town Hall, 53095 Main Road
TOWN CLERK
PO Box 1179
Southold, NY 11971
REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145
MARRIAGE OFFICER Telephone: (631) 765 - 1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
AGENDA
SOUTHOLD TOWN BOARD
August 29, 2017
7:30 PM
POLICY:
At scheduled Town Board meetings, the attending public is encouraged to briefly
address the Town Board relating to agenda resolutions prior to their enactment; the public will
also be given time at the conclusion of the regularly scheduled business agenda to address the
Board on any given topic.
ONLINE ACCESS:
The Agenda is generally available the Friday before the meeting. The
video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted
resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and
meeting video can be viewed in one of two ways:
(1) The town of Southold website: www.southoldtownny.gov Click on “Town Board On-
Line”; Click Box “Yes” to be redirected to IQM2 and you will then be redirected to the Town
Clerk online site.
(2) www.townclerk.com Enter zip code 11971 in box on lower right hand side and “enter”.
On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold,
Long Island, NY", click on this and another box will pop up that will tell you that you are being
directed to another site click on “Yes” to go into the Town Clerk site.
Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the
resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the
meeting by clicking on the camera symbol. All of this information is available 24/7.
If you would like help navigating the site, please feel free to call my office 631-765-1800.
CALL TO ORDER
7:30 PM Meeting called to order on August 29, 2017 at Meeting Hall, 53095 Route 25, Southold,
NY.
Attendee NamePresentAbsentLateArrived
Councilman James Dinizio Jr
Councilman William P. Ruland
Councilwoman Jill Doherty
Councilman Robert Ghosio
Justice Louisa P. Evans
Supervisor Scott A. Russell
Southold Town Meeting Agenda - August 29, 2017
Page 2
I. REPORTS
1. Justice Court Monthly Reports - Justice Evans
July 2017
2. Justice Court Monthly Reports - Justice Hughes
July 2017
3. Justice Court Monthly Reports - Justice Price
July 2017
4. Planning Board Monthly Report
July 2017
5. Town Clerk Reports
2017 1st Quarter
2017 2nd Quarter
2017 1st half
II. PUBLIC NOTICES
III. COMMUNICATIONS
IV. DISCUSSION
1. 9:00 Am - Craig Jobes
Update from P/T Environmental Analyst
2. 9:15 Am - Chief Flatley
Update on Dispatch Room Storm Damage
3. 9:30 Am - Denis Noncarrow, Jeff Standish and Michael Collins
Animal Shelter Solar Project Update
4. 9:45 Am - Denis Noncarrow, Rona Smith and Rory MacNish
Affordable Housing Video Presentation
5. 10:15 Am - Vincent Orlando, Highway Superintendent
Road Resurfacing Update
6. Code Amendment
Chapter 280-122- Catastrophic Loss
7. Trustee’s Proposed Marine Contractor Law
8. Proposed Rental Permit Law
Southold Town Meeting Agenda - August 29, 2017
Page 3
9. Update on Code Enforcement Officers Integration of the Mobile Municity Software
10. EXECUTIVE SESSION - Labor - Matters Involving Employment of Particular Person(S)
11:30 am - Vincent Orlando
12:00 am - Chief Flatley
11. EXECUTIVE SESSION - Proposed Acquisition, Sale or Lease of Real Property Where
Publicity of Would Substantially Affect the Value Thereof
12. Resident Beach Parking – Two Year Permit
V. RESOLUTIONS
2017-729
CATEGORY: Audit
DEPARTMENT: Town Clerk
Approve Audit
RESOLVED approves the audit dated
that the Town Board of the Town of Southold hereby
August 29, 2017.
Vote Record - Resolution RES-2017-729
Adopted
Adopted as Amended
Yes/AyeNo/NayAbstainAbsent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2017-730
CATEGORY: Set Meeting
DEPARTMENT: Town Clerk
Next Town Board Meeting
RESOLVED held,
that the next Regular Town Board Meeting of the Southold Town Board be
Tuesday, September 12, 2017 at Southold Town Hall, 53095 Main Road, Southold, New
York at 4:30 P. M..
Southold Town Meeting Agenda - August 29, 2017
Page 4
Vote Record - Resolution RES-2017-730
Adopted
Adopted as Amended
Yes/AyeNo/NayAbstainAbsent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2017-731
CATEGORY: Attend Seminar
DEPARTMENT: Historian
Amy Folk to Attend Seminar
RESOLVED
that the Town Board of the Town of Southold hereby grants permission to
Amy Folk to attend a seminar entitled Assoc. of Public Historians of NYS 2017 Annual State
Conference in Poughkeepsie, NY, from October 31-November 2, 2017. All expenses for
registration, travel, lodging, and meals to be a legal charge to the 2017 budget (meetings and
seminars).
Vote Record - Resolution RES-2017-731
Adopted
Adopted as Amended
Yes/AyeNo/NayAbstainAbsent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2017-732
CATEGORY: Attend Seminar
Southold Town Meeting Agenda - August 29, 2017
Page 5
DEPARTMENT: Police Dept
Police Department-Training Request
RESOLVED grants permission to
that the Town Board of the Town of Southold hereby
th
Detective Sergeant Sinning and Detective Steven Harned to attend the 30 Annual Colonel
Henry F. Williams Homicide Seminar in Albany, NY from September 10-15, 2017
. All
expenses for registration, travel and related expenses to be a legal charge to the 2017 budget
lines A.3120.4.600.225, A.3120.4.600.300 & A.3120.4.600.200
Vote Record - Resolution RES-2017-732
Adopted
Adopted as Amended
Yes/AyeNo/NayAbstainAbsent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2017-733
CATEGORY: Budget Modification
DEPARTMENT: Human Resource Center
Reallocation of HRC Donations
Financial Impact:
Reallocate donations on behalf of Rudolph Bruer to the Meals on Wheels Program
RESOLVED
that the Town Board of the Town of Southold hereby modifies the 2017
General Fund Whole Town budget as follows:
To:
Revenues
Gifts and Donations
A.2705.40 Donations $860.00
Total:
$860.00
To:
Appropriations
Programs for the Aging
A.6772.2.500.600 Senior Program Equipment $860.00
Southold Town Meeting Agenda - August 29, 2017
Page 6
Total: $860.00
Vote Record - Resolution RES-2017-733
Adopted
Adopted as Amended
Yes/AyeNo/NayAbstainAbsent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2017-734
CATEGORY: Grants
DEPARTMENT: Public Works
Contract Extension, NYS Parks Grant
Financial Impact:
No cost contract extension for NYS Parks Grant - Hurricane Sandy Disaster Relief Assistance, in the
amount of $30,000
RESOLVED
that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott A. Russell to execute a no-cost contract extension in connection with the
Hurricane Sandy Disaster Relief Assistance Grant for the Fort Corchaug Archeological Grant to
12/31/2018, all in accordance with the approval of the Town Attorney.
Vote Record - Resolution RES-2017-734
Adopted
Adopted as Amended
Yes/AyeNo/NayAbstainAbsent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
Southold Town Meeting Agenda - August 29, 2017
Page 7
2017-735
CATEGORY: Organizational
DEPARTMENT: Town Clerk
Peconic Landing Fireworks Permit
RESOLVEDapproves the issuance of a
that the Town Board of the Town of Southold hereby
fireworks permit by the Town Clerk to Peconic Landing at Southold, Inc. for a fireworks
display on September 3, 2017 at 7:15PM (Rain Date: September 4, 2017 at 7:15 PM), on
the Peconic Landing’s property at 1500 Brecknock Road, Greenport, New York,
upon the
payment of a single fee of $100 and subject to the applicant’s compliance with the requirements
of the Town’s policy regarding the issuance of fireworks permits.
Vote Record - Resolution RES-2017-735
Adopted
Adopted as Amended
Yes/AyeNo/NayAbstainAbsent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2017-736
CATEGORY: Employment - FIFD
DEPARTMENT: Accounting
Rescind Resolution Number 2017-615
RESOLVED
that the Town Board of the Town of Southold hereby rescinds resolution #2017-
615, adopted at the July 18, 2017 regular Town Board meeting in its entirety, which read as
follows:
RESOLVEDappoints Shannon Merker
that the Town Board of the Town of Southold hereby
to the position of Part Time Court Officer
for the Justice Court effective July 21, 2017 at a
rate of $30.40 per hour, not to exceed 17.5 hours per week.
Vote Record - Resolution RES-2017-736
Adopted
Yes/AyeNo/NayAbstainAbsent
Adopted as Amended
James Dinizio Jr
Defeated
Southold Town Meeting Agenda - August 29, 2017
Page 8
Tabled
William P. Ruland
Withdrawn
Jill Doherty
Supervisor's Appt
Robert Ghosio
Tax Receiver's Appt
Rescinded
Louisa P. Evans
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
2017-737
CATEGORY: Refund
DEPARTMENT: Solid Waste Management District
Tip Fee Refund
RESOLVED
by the Town Board of the Town of Southold to issue a refund to Juan Lawn Care
in the amount of $71.10 for a tip fee for brush inadvertently charged to her vehicle which was
actually hauling woodchips on August 19, 2017 at the Cutchogue Transfer Station.
Vote Record - Resolution RES-2017-737
Adopted
Adopted as Amended
Yes/AyeNo/NayAbstainAbsent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2017-738
CATEGORY: Attend Seminar
DEPARTMENT: Engineering
Michael Collins to Attend AutoCAD 2016/2017 Essentials Course
RESOLVED
that the Town Board of the Town of Southold hereby grants permission to Michael
Collins to attend the AutoCAD 2016/2017 Essentials Course in Melville, NY, on October 10-12,
Southold Town Meeting Agenda - August 29, 2017
Page 9
2017. All expenses for registration, travel to be a legal charge to the 2017 budget (meetings and
seminars).
Vote Record - Resolution RES-2017-738
Adopted
Adopted as Amended
Yes/AyeNo/NayAbstainAbsent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2017-739
CATEGORY: Budget Modification
DEPARTMENT: Solid Waste Management District
SWMD Budget Mods
Financial Impact:
To provide funds for referenced lines. Incoming scrap tires and refrigerant items have exceeded
estimation, these modifications are expected to fund through year's end. DEC Environmental Monitor
charges are complete for the year.
RESOLVED
that the Town Board of the Town of Southold hereby modifies the 2017 Solid
Waste Management District budget as follows:
From:
SR 8160.4.500.100 DEC Environmental Monitor $5,200
Total $5,200
To:
SR 8160.4.100.525 Tires $1,625
SR 8160.4.400.815 Scrap Tire Removal 1,825
SR 8160.4.400.850 Refrigerant Removal 1,750
Total $5,200
Vote Record - Resolution RES-2017-739
Adopted
Yes/AyeNo/NayAbstainAbsent
Adopted as Amended
James Dinizio Jr
Defeated
William P. Ruland
Tabled
Jill Doherty
Withdrawn
Southold Town Meeting Agenda - August 29, 2017
Page 10
Supervisor's Appt
Robert Ghosio
Tax Receiver's Appt
Louisa P. Evans
Rescinded
Scott A. Russell
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost
2017-740
CATEGORY: Attend Seminar
DEPARTMENT: Accounting
NYS GFOA Training Approval
Financial Impact:
Seminar and webinars given by NYS and National GFOA (Government Finance Officers Association)for
required annual training for purposes of Continuing Professional Education (CPE) as it relates to my
CPA license.
RESOLVED
that the Town Board of the Town of Southold hereby grants permission to Kristie
Hansen-Hightower to attend a seminar on municipal finance topics in Hauppauge, NY, on
October 3, 2017 and November 15, 2017, and webinars on August 30, 2017, September 27, 2017
and November 9, 2017. All expenses for registration and travel to be a legal charge to the 2017
budget (meetings and seminars).
Vote Record - Resolution RES-2017-740
Adopted
Adopted as Amended
Yes/AyeNo/NayAbstainAbsent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2017-741
CATEGORY: Field Use - Town
DEPARTMENT: Recreation
Southold Town Meeting Agenda - August 29, 2017
Page 11
Field Use – Peconic Inline Hockey League
RESOLVED
that the Town Board of the Town of Southold does hereby grant permission to the
Peconic Inline Hockey League to use the hockey rink at Cochran Park for local youth to play
roller hockey mid September, 2017 - mid November 2017 from 5:00 p.m.- 8:00 p.m. Applicant
has filed with the Recreation Department a Two Million Dollar Certificate of Insurance naming
the Town of Southold as additional insured. An updated Certificate of Insurance will be obtained
upon policy renewal in October. Final schedule will be coordinated with the Recreation
Department.
Vote Record - Resolution RES-2017-741
Adopted
Adopted as Amended
Yes/AyeNo/NayAbstainAbsent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2017-742
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Acknowledges the Intent to Retire Robert I. Scott Jr.
RESOLVEDacknowledges the intent to
that the Town Board of the Town of Southold hereby
retire of Robert I. Scott Jr. from the position of Board of Assessors Member for the
Assessor’s Office
, effective December 31, 2017.
Vote Record - Resolution RES-2017-742
Adopted
Yes/AyeNo/NayAbstainAbsent
Adopted as Amended
Defeated
James Dinizio Jr
Tabled
William P. Ruland
Withdrawn
Jill Doherty
Supervisor's Appt
Tax Receiver's Appt
Robert Ghosio
Rescinded
Louisa P. Evans
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
Southold Town Meeting Agenda - August 29, 2017
Page 12
2017-743
CATEGORY: Budget Modification
DEPARTMENT: Fishers Island Ferry District
2017 Budget Modification - FIFD
Financial Impact:
to cover over expenditures
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the
resolution of the Fishers Island Ferry District Board of Commissioners dated August 18, 2017,
which amended the 2017 Fishers Island Ferry District budget in the amount of $27,000.00.
Vote Record - Resolution RES-2017-743
Adopted
Adopted as Amended
Yes/AyeNo/NayAbstainAbsent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2017-744
CATEGORY: Refund
DEPARTMENT: Town Clerk
Refund - Jean Schweibish
RESOLVED that the Town Board of the Town of Southold hereby grants a refund in the amount
of $15.00 to Jean Schweibish (as agent for Mattituck Laurel Civic Association), 200 Walnut
Place, Mattituck, N Y for a Yard Sale permit that was never used.
Vote Record - Resolution RES-2017-744
Adopted
Yes/AyeNo/NayAbstainAbsent
Adopted as Amended
James Dinizio Jr
Defeated
William P. Ruland
Tabled
Jill Doherty
Withdrawn
Southold Town Meeting Agenda - August 29, 2017
Page 13
Supervisor's Appt
Robert Ghosio
Tax Receiver's Appt
Louisa P. Evans
Rescinded
Scott A. Russell
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost
2017-745
CATEGORY: Close/Use Town Roads
DEPARTMENT: Town Clerk
Pack 39 - Cubmobile Race
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Pack 39
Cub Scouts to hold its annual Cubmobile Soapbox Derby Race on September 16, 2017 (rd
September 17, 2017 from 8:00AM to 12:00 PM, provided they adhere to the Town of Southold
Policy for Special Events on Town Properties and Roads. All Town fees for this event, with the
exception of the Clean-up Deposit, are waived.
Vote Record - Resolution RES-2017-745
Adopted
Adopted as Amended
Yes/AyeNo/NayAbstainAbsent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2017-746
CATEGORY: Refund
DEPARTMENT: Town Clerk
Various Clean Up Deposits
WHEREAS the following groups have supplied the Town of Southold with a refundable Clean-
up Deposit fee, for their events and
Southold Town Meeting Agenda - August 29, 2017
Page 14
WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's
office that this fee may be refunded, now therefor be it
RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in
the amount of the deposit made to the following
Name Date Received Amount of Deposit
North Fork Reform Synagogue 6/9/17 $250.00
c/o Ellen Zimmerman
Po Box 105
East Marion, NY 11939
Vote Record - Resolution RES-2017-746
Adopted
Adopted as Amended
Yes/AyeNo/NayAbstainAbsent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2017-747
CATEGORY: Refund
DEPARTMENT: Recreation
Field Use Fee Return - UK Elite Soccer
WHEREAS U.K. Elite Soccer Inc. supplied the Town of Southold with a Field Use fee in the
amount of $1,000.00 for their requested field use of Strawberry Fields from July 10, 2017
through July 14, 2017
WHEREAS UK Elite did not use the field due to no participant enrollment, this fee may be
refunded, now therefor be it
RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued to
UK Elite Soccer, Inc., 210 Malapardis Road, Suite 101, Cedar Knolls, NJ 07927 in the amount of
$1000.00
Southold Town Meeting Agenda - August 29, 2017
Page 15
Vote Record - Resolution RES-2017-747
Adopted
Adopted as Amended
Yes/AyeNo/NayAbstainAbsent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2017-748
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Permanent Appointment Erica A. Bufkins
WHEREAS
the Town Board of the Town of Southold has provisionally appointed Erica A.
Bufkins to the position of provisional Planner Trainee effective February 6, 2017, and
WHEREAS
Erica A. Bufkins has taken and passed the Civil Service examination for Planner
Trainee, and is reachable on the Suffolk County Department of Civil Service List of Eligible’s
for the competitive position of Planner Trainee, and
WHEREAS
the Town Board of the Town of Southold has determined that it is in the best
interest of the Town to appoint Erica A. Bufkins to the permanent position of Planner Trainee
from said List of Eligible’s, now therefore be it
RESOLVED
that the Town Board of the Town of Southold hereby appoints Erica A. Bufkins to
the position of Planner Trainee from the Suffolk County Department of Civil Service List of
Eligible’s effective August 30, 2017 with no salary change.
Vote Record - Resolution RES-2017-748
Adopted
Yes/AyeNo/NayAbstainAbsent
Adopted as Amended
James Dinizio Jr
Defeated
Tabled
William P. Ruland
Withdrawn
Jill Doherty
Supervisor's Appt
Robert Ghosio
Tax Receiver's Appt
Rescinded
Louisa P. Evans
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
Southold Town Meeting Agenda - August 29, 2017
Page 16
No Action
Lost
2017-749
CATEGORY: Budget Modification
DEPARTMENT: Trustees
Board of Trustees - Budget Modification
Financial Impact:
To cover shortage in overtime account
RESOLVED
that the Town Board of the Town of Southold hereby modifies the 2017 General
Fund Whole Town budget as follows:
From:
A.8090.4.400.840 Contracted Services, Pump-Out Boat Waste Disposal $1,300.00
Total $1,300.00
To:
A.8090.1.100.200 Personal Services, Overtime Earnings $1,300.00
Total $1,300.00
Vote Record - Resolution RES-2017-749
Adopted
Adopted as Amended
Yes/AyeNo/NayAbstainAbsent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2017-750
CATEGORY: Budget Modification
DEPARTMENT: Government Liaison
2017 Budget Modification - Youth
Southold Town Meeting Agenda - August 29, 2017
Page 17
Financial Impact:
transfer donations
RESOLVED
that the Town Board of the Town of Southold hereby modifies the 2017 General
Fund Whole Town budget as follows:
From:
A.2705.40 Other Donations 5,200
To:
A.7310.4.600.100 Youth Program Activities 5,200
Vote Record - Resolution RES-2017-750
Adopted
Adopted as Amended
Yes/AyeNo/NayAbstainAbsent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2017-751
CATEGORY: Budget Modification
DEPARTMENT: Accounting
2017 Budget Modification- Police/Accounting
Financial Impact:
Cover 207-c payments
RESOLVED
that the Town Board of the Town of Southold hereby modifies the 2017 General
Fund operating budget as follows:
From:
A.3120.1.100.100 Police- Regular Earnings $68,540
A.9040.8.000.000 Employee Benefits-Workers Compensation $20,000
Total $88,540
To:
A.9040.8.000.100 Employee Benefits-207C Benefits $88,540
Southold Town Meeting Agenda - August 29, 2017
Page 18
Total $88,540
Vote Record - Resolution RES-2017-751
Adopted
Adopted as Amended
Yes/AyeNo/NayAbstainAbsent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2017-752
CATEGORY: Organizational
DEPARTMENT: Town Clerk
Denial of Fireworks Application
RESOLVED disapproves the issuance of
that the Town Board of the Town of Southold hereby
a fireworks permit by the Town Clerk to Shawn McBurnie for a fireworks display on
September 9, 2017 on the property of Breeze Hill Farm & Preserve located at 31215
County Road 48, Peconic, New York.
Vote Record - Resolution RES-2017-752
Adopted
Adopted as Amended
Yes/AyeNo/NayAbstainAbsent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2017-753
CATEGORY: Budget Modification
Southold Town Meeting Agenda - August 29, 2017
Page 19
DEPARTMENT: Highway Department
2017 Budget Modification - Highway
Financial Impact:
to cover over expenditures
RESOLVED
that the Town Board of the Town of Southold hereby modifies the 2017 Highway
Fund Part Town budget as follows:
From:
DB.5110.1.100.100 Full time Regular Earnings $18,000.00
To:
DB.5130.1.100.100 Brush weed Regular Earnings $18,000.00
Vote Record - Resolution RES-2017-753
Adopted
Adopted as Amended
Yes/AyeNo/NayAbstainAbsent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2017-754
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Appoint Peter Gatz Groundskeeper III
RESOLVEDappoints Peter Gatz to the
that the Town Board of the Town of Southold hereby
position of Groundskeeper III
for the Department of Public Works, effective August 31, 2017,
at a rate of $32.9526 per hour.
Vote Record - Resolution RES-2017-754
Adopted
Yes/AyeNo/NayAbstainAbsent
Adopted as Amended
James Dinizio Jr
Defeated
William P. Ruland
Tabled
Withdrawn
Jill Doherty
Supervisor's Appt
Robert Ghosio
Tax Receiver's Appt
Louisa P. Evans
Rescinded
Southold Town Meeting Agenda - August 29, 2017
Page 20
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
2017-755
CATEGORY: Attend Seminar
DEPARTMENT: Police Dept
Police Department-Training Request
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Lt.
James Ginas and Sgt. Richard Perkins to attend the Impact Training Conference from
September 12-14, 2017 in Albany, New York.
All expenses for registration, travel and any
additional related costs to be legal charges to the 2017 budget lines: A.3120.4.600.225 /
A.3120.4.600.300 / A.3120.4.600.200.
Vote Record - Resolution RES-2017-755
Adopted
Adopted as Amended
Yes/AyeNo/NayAbstainAbsent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2017-756
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Hire School Crossing Guard - Police Department
RESOLVEDappoints George G.
that the Town Board of the Town of Southold hereby
Lessard III to the position of School Crossing Guard
at the daily rate of $91.71 effective
September 6, 2017.
Vote Record - Resolution RES-2017-756
AdoptedYes/AyeNo/NayAbstainAbsent
Southold Town Meeting Agenda - August 29, 2017
Page 21
Adopted as Amended
James Dinizio Jr
Defeated
William P. Ruland
Tabled
Jill Doherty
Withdrawn
Supervisor's Appt
Robert Ghosio
Tax Receiver's Appt
Louisa P. Evans
Rescinded
Scott A. Russell
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost
2017-757
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Appoint David Coughlin Groundskeeper II
RESOLVEDappoints David Coughlin
that the Town Board of the Town of Southold hereby
to the position of Groundskeeper II
for the Department of Public Works, effective August 31,
2017, at a rate of $31.3840 per hour.
Vote Record - Resolution RES-2017-757
Adopted
Adopted as Amended
Yes/AyeNo/NayAbstainAbsent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2017-758
CATEGORY: Budget Modification
DEPARTMENT: Accounting
2017 Budget Modification- Capital
Financial Impact:
Authorizes use of budgeted Highway Part Town operating funds for capital projects
Southold Town Meeting Agenda - August 29, 2017
Page 22
WHEREAS
the Town Board of the Town of Southold adopted a 2017 Capital Budget which
includes an appropriation for road resurfacing, and
WHEREAS
the Town’s Capital Budget process requires a resolution to formally establish
Capital Budget items in the Capital Fund, now therefore be it
RESOLVED authorizes the
that the Town Board of the Town of Southold hereby
establishment of the following Capital Projects and amends the 2017 Capital Budget as
follows:
Capital Project Name:FY2017 Road Resurfacing
Financing Method: Transfer from the Highway Part Town Fund
Budget: Revenues:
H.5031.91 Interfund Transfers
Road Resurfacing $350,000
H.5031.92 Interfund Transfers
Sidewalks $25,000
Total $375,000
Appropriations:
H.5112.2.400.100 Road Resurfacing
Capital Outlay, C.S.
FY2017 Road Resurfacing $350,000
H.5410.2.400.100 Sidewalk Improvements
Capital Outlay, C.S.
Sidewalks $25,000
Total $375,000
Vote Record - Resolution RES-2017-758
Adopted
Adopted as Amended
Yes/AyeNo/NayAbstainAbsent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
Southold Town Meeting Agenda - August 29, 2017
Page 23
2017-759
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Attend NYS Retirement System Employer Education Seminar
RESOLVED
that the Town Board of the Town of Southold hereby grants permission to
Christine Foster, Secretarial Assistant, to attend the New York State Retirement System
Employer Education Seminar in Huntington, NY on September 27, 2017. All expenses for
registration and travel to be a legal charge to the 2017 budget (meetings and seminars).
Vote Record - Resolution RES-2017-759
Adopted
Adopted as Amended
Yes/AyeNo/NayAbstainAbsent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2017-760
CATEGORY: Local Law Public Hearing
DEPARTMENT: Town Attorney
PH 10/24/17 - 7:30 Pm - Chapter 275 Coastal Contractor Licensing
WHEREAS,
there has been presented to the Town Board of the Town of Southold, Suffolk
th
“A Local Law in
County, New York, on the 29 day of August, 2017, a Local Law entitled
relation to Amendments to Chapter 275, Wetlands and Shoreline, in connection with
Coastal Contractor Licensing”
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
24th day of October, 2017 at 7:30 p.m.
at which time all interested persons will be given an
opportunity to be heard.
“A Local Law in relation to Amendments to Chapter 275,
The proposed Local Law entitled,
Wetlands and Shoreline, in connection with Coastal Contractor Licensing”
reads as follows:
LOCAL LAW NO. 2017
Southold Town Meeting Agenda - August 29, 2017
Page 24
“A Local Law in relation to Amendments to Chapter 275, Wetlands
A Local Law entitled,
and Shoreline, in connection with Coastal Contractor Licensing”
.
BE IT ENACTED
by the Town Board of the Town of Southold as follows:
I. Purpose.
In order to continue to protect the natural state of the shorelines and wetlands within the Town of
Southold, it is the purpose of these amendments to provide herein for a strengthened system of
local licensing of marine contractors in order to more fully protect homeowners and responsible
marine contractors alike.
II.
Chapter 275 of the Code of the Town of Southold is hereby amended as follows:
§ 275-2. Definitions; word usage.
COASTAL CONSTRUCTION - The repair, modification, re-construction or new construction of
structures including but not limited to bulkheads, docks, floats, jetties, groins, catwalks,
stairways, decks, revetments, any erosion or water control device. Included in this definition is
landscape design, landscape architecture, the installation or maintenance of lawns, hedges, trees
and other plantings or structural elements such as patios, decks, retaining walls, in-ground
irrigation systems, or other work in and around wetland areas which requires a permit pursuant to
this Chapter entitled Wetlands and Shorelines or Chapter 111 Coastal Erosion Hazard Areas of
the Town Code.
COASTAL CONTRACTOR - A person who carries out, engages in, undertakes or holds himself
out to others as performing or available to perform coastal construction.
§ 275-3(a) Licensing of Coastal Contractors.
A. Commencing January 1, 2018 it shall be unlawful for any person to engage in coastal
construction in the Town of Southold without first obtaining a license from the
Southold Town Clerk’s Office in accordance with the provisions of this Chapter. Such
license or a copy thereof shall be available at all of the contractor’s work sites and shall
be produced to any official having jurisdiction upon demand. Licenses for coastal
contractors are non-transferable.
B. Exceptions.
No license shall be required for the following:
(1) An individual who engages in coastal construction on their own residential
property. This exception shall not apply to corporations, limited liability
companies or other unincorporated business entities.
(2) An individual who performs labor or services for a licensed coastal contractor for
wages or salary.
Southold Town Meeting Agenda - August 29, 2017
Page 25
(3) An architect, professional engineer, land surveyor or any other person who is
required by state or Town law to attain standards of competency or experience as
a prerequisite to engaging in such craft or profession and who is acting
exclusively within the scope of the craft or profession for which he is currently
licensed.
(4) Any municipality or government agency.
C. Fees.
(1) The fee for a coastal contractor’s license shall be $200, to be paid upon the filing
of each application. A license issued hereunder shall be for a period of one year
from the date of issuance thereof.
(2) Subsequent renewal shall be for a period of one year at a cost of $100. A fee of
$150 shall be charged for a renewal application postmarked or received 30 days
after the expiration of said license.
D. Insurance required.
A coastal contractor shall have a certificate of insurance and workers compensation
insurance covering liability upon applying for a coastal contractor’s license and shall
maintain such policy during the period the license is in effect. In addition to the above
coastal contractors must provide proof of an issued Suffolk County Contractors license
where applicable. Failure to maintain said coverage will provide grounds for
revocation of the license pursuant to § 275-3a(E).
E. Acknowledgement of Town Law Compliance
All applicants for a coastal contractors license shall be required to read, review and
provide an acknowledgement that they are on affirmative notice of Chapters 111 and
275 of the Town Code and agree to abide by the requirements set forth therein. They
must further acknowledge that failure to do so may result in the revocation of the
coastal contractors license.
F. Revocation of license.
(1) Licenses issued under the provisions of this chapter may be revoked by resolution
of the Board of Trustees upon notice and hearing before the Board of Trustees.
(2) Licenses may be revoked for failure of contractors to abide by the terms and
conditions of Trustee Permits and/or violations of Section 275 of the Town Code.
(3) Notice of the hearing before the Board of Trustees for revocation of a license
shall be given in writing, setting forth the grounds of the complaint and the time
and place of hearing.
(4) Grounds for a hearing shall be a conviction for a violation of section 275-5 or
275-11 of the Town Code
(5) Such notice shall be sent by certified mailing to the address provided in the
application for the license on file in the Town Clerk’s Office, or, in the
alternative, to the license holder’s last known address. Such notice must be
mailed at least five days prior to the date of the hearing.
(6) At the conclusion of said hearing, the Board of Trustees may, at their discretion,
suspend or revoke the license or take no action.
(7) In the event of two or more suspensions the Trustees may move to permanently
bar the holder from license eligibility.
(8) In addition to the revocation hearing, a violation of the provisions of this chapter
Southold Town Meeting Agenda - August 29, 2017
Page 26
may be separately maintained in the Town Justice Court in accordance with §
275-16.
§ 275-16. Compliance requirements; penalties for offenses.
B. For each offense against any of the provisions of this chapter or any regulations made
pursuant thereto, or failure to comply with a written notice or order of any Director of
Code Enforcement, Zoning Inspector, or Bay Constable within the time fixed for
compliance therewith, the owner, occupant, builder, architect, contractor or their agents
or any other person who commits, takes part or assists in the commission of any such
offense or who shall fail to comply with a written order or notice of the Director of Code
Enforcement, Zoning Inspector, or Bay Constable shall be subject to the following fine
schedule. Each day on which such violation occurs may constitute a separate, additional
offense.
\[Amended 12-18-2007 by L.L. No. 23-2007; 3-23-2010 by L.L. No. 1-2010\]
(1)
Failure to obtain a permit. Any person conducting operations within the
jurisdiction of the Trustees without first obtaining a permit according to the
procedures outlined in this chapter shall be subject to a fine of not less than
$1,000 and not more than $4,000 $6,000 or a term of imprisonment of not less
than 15 days nor more than six months, or both.
(2)
Failure to comply with the terms of a permit.
(a)
Any person failing to comply with the terms of a permit shall be subject to
a fine of not less than $500 $1,000 and not more than $4,000 $6,000. For
each subsequent offense, the violator shall be guilty of a misdemeanor
punishable by a fine not less than $1,000 $2,000 nor more than $7,500
$10,000 or a term of imprisonment of not less than 15 days nor more than
six months, or both.
(b)
Any person failing to comply with posting the permit and/or the
requirement for supporting plans to be available for immediate inspection
pursuant to §275-10 shall be subject to a fine of not more than $1,000.
(3)
Failure to heed a stop-work order. Any person conducting operations in direct
contradiction to the terms of a stop-work order shall be subject to a fine of not less
than $1,000 and not more than $4,000 $6,000. For each subsequent offense, the
violator shall be guilty of a misdemeanor punishable by a fine not less than
$1,000 $2,000 nor more than $7,500 $10,000 or a term of imprisonment of not
less than 15 days nor more than six months, or both.
(4)
Restoration. In lieu or in addition to these punishments, any offender may be
punished by being ordered to restore the affected wetland to its condition prior to
the offense. Any such order shall specify a reasonable time for the completion of
such restoration, which shall be effected under the supervision of the approving
authority. The Trustees reserve the right to require specific replanting and
restoration methods including specific survivability and success criteria.
(5) F
ailure to comply with a restoration plan. Any person failing to comply with the
B(4)
terms of a mandated restoration plan as detailed in Subsection of this section
within the proscribed period of time for completion shall be guilty of an offense
and subject to a fine of not less than $1,000 and not more than $4,000 $6,000.
Southold Town Meeting Agenda - August 29, 2017
Page 27
(6) For the offense of conducting or engaging in any coastal construction project or
business without having first obtained a license, or while his license is suspended
or revoked, a violator shall be subject to a fine of not more than $5,000 for the
first offense and not more than $10,000 for each subsequent offense.
(6)
(7) Mitigation. When on-site wetlands restoration and creation may be unfeasible due
to technical or other constraints, other mitigative measures, such as off-site
wetland restoration or creation, may be required.
(7) (8) Other offenses. For an offense against any of the provisions of this Chapter not
specifically designated above, a violator shall be subject to a fine of not more than
$1,000.
II. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV.EFFECTIVE DATE
This Local Law shall take effect on January 1, 2018.
Vote Record - Resolution RES-2017-760
Adopted
Adopted as Amended
Yes/AyeNo/NayAbstainAbsent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2017-761
CATEGORY: Local Law Public Hearing
DEPARTMENT: Town Attorney
PH 9/26/17 - 7:31 Pm - Chapter 189 Parking
WHEREAS,
there has been presented to the Town Board of the Town of Southold, Suffolk
th
“A Local Law to
County, New York, on the 29 day of August, 2017, a Local Law entitled
consider amending Southold Town Code Chapter 189 (Parking)”
now, therefore, be it
RESOLVED
that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the
Southold Town Meeting Agenda - August 29, 2017
Page 28
th
26day of September, 2017 at 7:31 p.m.
at which time all interested persons will be given an
opportunity to be heard.
“A Local Law to consider amending Southold
The proposed Local Law entitled, entitled
Town Code Chapter 189 (Parking)”
reads as follows:
LOCAL LAW NO. 2017
“A Local Law to consider amending Southold Town Code
A Local Law entitled, entitled
Chapter 189 (Parking) to amend the dates that Town Parking Permits”.
BE IT ENACTED
by the Town Board of the Town of Southold as follows:
Chapter 189. Parking
Article I. Parking at Beaches
§ 189-3. Parking permits.
Parking permits for parking vehicles in the parking areas designated in § 189-2 of this article
shall be issued as follows:
A. Resident parking permit.
(1) A resident parking permit shall be issued by the Town Clerk or a person
designated by him to all persons who are qualified residents of the Town
of Southold. Persons applying for a resident parking permit shall be
requested to sign an application in affidavit form and submit for inspection
the following as proof of residence:
\[Amended 5-25-1971; 3-25-1975 by L.L. No. 1-1975; 7-14-1987 by L.L.
No. 11-1987\]
(a) A valid tax receipt stub for the current year for any taxable real
property within the Town of Southold assessed in the name of the
applicant.
(b) A valid motor vehicle registration in the name of the applicant and
to an address located within the Town of Southold or to an address
corresponding to the address of a validated tax receipt stub for the
current tax year for any taxable real property within the Town of
Southold affixed to the application.
(c) Such other proof of residence as is satisfactory to the Town Clerk.
(2) The Town Clerk or a person designated by the Town Clerk shall inspect
such application to determine that the applicant is a qualified resident of
the Town. Upon approval of the application, a resident parking permit
shall be issued and inscribed with the vehicle license registration number.
Such permit shall not be transferred to any other vehicle. \[Amended
3-25-1975 by L.L. No. 1-1975; 12-28-1984 by L.L. No. 10-1984\]
(3) Resident parking permits for motor vehicles shall be permanently affixed
to the right side of the front bumper of such vehicle and shall be valid for
the vehicle and an attached trailer. \[Amended 5-9-1972; 10-18-1994 by
L.L. No. 21-1994\]
Southold Town Meeting Agenda - August 29, 2017
Page 29
(4) A Resident Parking Permit shall be valid for two years. The first two (2)
year permit period shall commence January 1, 2018 and terminate on
December 31, 2019. Thereafter, a new two (2) year permit period shall
commence on January 1st of every even-numbered year.
(4)(5) The fee for the residential parking permit period, or any part thereof,
issuance of a resident parking permit shall be such fee as shall be
prescribed by resolution of the Southold Town Board.
II. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
III.EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Vote Record - Resolution RES-2017-761
Adopted
Adopted as Amended
Yes/AyeNo/NayAbstainAbsent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2017-762
CATEGORY: Local Law Public Hearing
DEPARTMENT: Town Attorney
PH 9/26/17 - 7:32 Pm - Chapter 280 Nonconforming Buildings
WHEREAS,
there has been presented to the Town Board of the Town of Southold, Suffolk
“A Local Law in
County, New York, on the 29th day of August, 2017, a Local Law entitled
relation to Amendments to Chapter 280, Zoning, in connection with Nonconforming
buildings with conforming uses”
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
th
26 day of September 2017, at 7:32 p.m.
at which time all interested persons will be given an
Southold Town Meeting Agenda - August 29, 2017
Page 30
opportunity to be heard.
“A Local Law in relation to Amendments to Chapter 280,
The proposed Local Law entitled,
Zoning, in connection with Nonconforming buildings with conforming uses”
reads as
follows:
LOCAL LAW NO. 2017
“A Local Law in relation to Amendments to Chapter 280, Zoning, in
A Local Law entitled,
connection with Nonconforming buildings with conforming uses”
.
BE IT ENACTED
by the Town Board of the Town of Southold as follows:
Chapter 280. Zoning
Article XXIII. Nonconforming Uses and Buildings
§ 280-122. Nonconforming buildings with conforming uses.
A. Nothing in this article shall be deemed to prevent the alteration or enlargement of
a nonconforming building containing a conforming use, provided that such action
does not create any new nonconformance or increase the degree of
nonconformance with regard to the regulations pertaining to such buildings.
\[Amended 4-24-2012 by L.L. No. 6-2012\]
B. Reconstruction of a damaged building.
(1) A nonconforming building containing a conforming use which has been
damaged by fire or other causes to the extent of more than 50% of its fair
value shall not be repaired or rebuilt unless such building is made
substantially to conform to the height and yard requirements of the Bulk
\[1\]
Schedule.Nothing in this chapter shall prevent the complete restoration
of a building destroyed by accidental cause such as fire, flood, explosion,
riot, or act of God, nor prevent the continuance of the use of such building
or part thereof. Such restored building shall not exceed the dimensions of
the building destroyed.
(2) Application for a permit to build or restore the damaged portion of any
building damaged or destroyed as set forth in Subsection B(1) above shall
be filed within one year of the date of such damage and shall be
accompanied by plans for reconstruction which, as to such portion, shall
comply with the requirements set forth above. If such permit is issued, it
shall lapse one year thereafter unless reconstruction in accordance with the
approved plans has been initiated
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV.EFFECTIVE DATE
Southold Town Meeting Agenda - August 29, 2017
Page 31
This Local Law shall take effect January 1, 2018.
Vote Record - Resolution RES-2017-762
Adopted
Adopted as Amended
Yes/AyeNo/NayAbstainAbsent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
VI. PUBLIC HEARINGS