HomeMy WebLinkAboutAG-12/05/2017
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
December 5, 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 December 5, 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 - December 5, 2017
Page 2
I. REPORTS
1. North Fork Animal Welfare Reports
Financial Statements 12/31/16
Profit & Loss 1st & 2nd Quarters
2. Town Clerk Monthly Report
November 2017
3. Solid Waste District Reports
August-November 2017
II. PUBLIC NOTICES
III. COMMUNICATIONS
IV. DISCUSSION
1. 9:00 Am - Jeff Standish
2017 Year End Efficiency Statistics of the Big Belly Trash Receptacles
2. 9:15 Am - Councilman Dinizio, Chief Flatley, John Slattery
Update on Police Accreditation
3. 9:30 Am - Michael Collins, Denis Noncarrow
Lead Service Line Replacement Grant
4. 9:45 Am - Councilwoman Doherty, John Bredemeyer
Proposed Shellfish Advisory Committee Mission Statement
5. 10:00 Am - Leslie Weisman
Town Code Revisions for Bed & Breakfasts (Update from 11/21 Work Session)
6. 10:15 Am - Chris Baiz
Agricultural Processing Buildings as a Use on Ag Land
7. Councilman Ruland
Transportation Commission Recommendation to Hold a Joint Town’s Summit to Discuss Traffic
Issues
8. Code Amendment to Section 280-111- Prohibited Uses in All Districts-Aircraft (Follow Up
from 11/21 Work Session)
9. Discussion on Resolution for Parking Permit Fees
Southold Town Meeting Agenda - December 5, 2017
Page 3
10. EXECUTIVE SESSION - Potential Property Acquisition(S), Publicity of Which Would
Substantially Affect the Value Thereof
11:30 am - Melissa Spiro, Tim Caufield and Heather Lanza
11. EXECUTIVE SESSION - Labor- Matters Involving the Employment of a Particular
Person(S)
Engineering IMA with the Town of Shelter Island
V. SPECIAL PRESENTATION
Special Presentation for Years of Service to the North Fork Promotion Council
Joan Hendrik Bischoff Van Heemskerck
Neboysha R. Brashich
VI. RESOLUTIONS
2017-983
CATEGORY: Audit
DEPARTMENT: Town Clerk
Approve Audit
RESOLVED approves the audit dated
that the Town Board of the Town of Southold hereby
December 5, 2017.
Vote Record - Resolution RES-2017-983
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
2017-984
CATEGORY: Set Meeting
DEPARTMENT: Town Clerk
Next Town Board Meeting
Southold Town Meeting Agenda - December 5, 2017
Page 4
RESOLVED held,
that the next Regular Town Board Meeting of the Southold Town Board be
Tuesday, December 19, 2017 at Southold Town Hall, 53095 Main Road, Southold, New
York at 4:30 P. M..
Vote Record - Resolution RES-2017-984
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
2017-985
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
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
Tracey Breese 11/14/17 250.00
1343 Central Avenue
Greenport, NY 11944
Mattituck Cutchogue Teachers Association 10/3/17 1500.00
c/o Ilana Finnegan
775 Farmveu Road
Mattituck NY 11952
Michael McCaffery 9/19/17 1500.00
Southold Town Meeting Agenda - December 5, 2017
Page 5
PO Box 245
Cutchogue, NY 11935
Southold Athletic Association 9/19/17 1500.00
c/o Peter Salerno
420 Oaklawn Avenue
Southold, NY 11971
Vote Record - Resolution RES-2017-985
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
2017-986
CATEGORY: Budget Modification
DEPARTMENT: Police Dept
Police Department-Budget Modification
Financial Impact:
Reallocation of funds for the installation of new equipment in PD vehicles
RESOLVED modifies the 2017 General
that the Town Board of the Town of Southold hereby
Fund Whole Town budget
as follows:
From:
A.3120.2.500.875 Police/Equip/Other Vehicle Equipment $10,000
Total $10,000
To:
A.3120.2.500.876 Police/Equipment/Vehicle Equip Installation $10,000
Total $10,000
Vote Record - Resolution RES-2017-986
Adopted
Yes/AyeNo/NayAbstainAbsent
Adopted as Amended
James Dinizio Jr
Defeated
William P. Ruland
Tabled
Southold Town Meeting Agenda - December 5, 2017
Page 6
Withdrawn
Jill Doherty
Supervisor's Appt
Robert Ghosio
Tax Receiver's Appt
Louisa P. Evans
Rescinded
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
2017-987
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Appoint Justin Gaydosik Automotive Equipment Operator
RESOLVEDappoints Justin Gaydosik
that the Town Board of the Town of Southold hereby
to the position of an Automotive Equipment Operator
for the Highway Department, effective
December 7, 2017, at a rate of $24.6121 per hour.
Vote Record - Resolution RES-2017-987
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
2017-988
CATEGORY: Authorize to Bid
DEPARTMENT: Highway Department
Bid for Rock Salt FI
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk’s office to advertise for Rock Salt to be supplied and placed into Highway Trucks on
Fishers Island.
Southold Town Meeting Agenda - December 5, 2017
Page 7
Vote Record - Resolution RES-2017-988
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
2017-989
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Fishers Island Ferry District
FIFD - O'Connor Davies LP
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 November 27, 2017
in regard to O'Connor Davies, LP.
Vote Record - Resolution RES-2017-989
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
2017-990
CATEGORY: Budget Modification
DEPARTMENT: Solid Waste Management District
2017 Budget Modification- Solid Waste
Southold Town Meeting Agenda - December 5, 2017
Page 8
Financial Impact:
Cover costs of final 2017 HHW Event and scrap tire removal; expected diesel fuel and lubricants through
end of year; contracted replacement of main grinder bearing; overhead garage door repair
(inadvertantly omitted from prior budget mod).
RESOLVED
that the Town Board of the Town of Southold hereby modifies the 2017 Solid
Waste Management District budget as follows:
From:
SR 8160.1.100.300 F/T Employee Vacation Earnings $5,825
SR 8160.1.100.400 F/T Employee-Sick Earnings 13,500
SR 8160.4.400.100 Engineering 1,100
SR 8160.4.400.836 Single Stream Trucking 15,000 Total
$35,425
To:
SR 8160.4.100.200 Diesel Fuel $ 5,500
SR 8160.4.100.225 Lubricants 1,000
SR 8160.4.100.650 Town Garbage Bags 4,100
SR 8160.4.400.200 Building Maintenance 5,000
SR 8160.4.400.665 Repairs – CBI Grinder 4,000
SR 8160.4.400.815 Scrap Tire Removal 1,825
SR 8160.4.400.840 Hazardous Waste Removal 14,000
Total $35,425
Vote Record - Resolution RES-2017-990
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
2017-991
CATEGORY: Budget Modification
DEPARTMENT: Accounting
2017 Budget Modification- Capital
Southold Town Meeting Agenda - December 5, 2017
Page 9
Financial Impact:
Establish capital project line for Town Hall window project
WHEREAS
the Town Board of the Town of Southold adopted a 2017 Capital Budget which
includes an appropriation for Town Hall window replacements, 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 Town Hall Improvements (Windows)
Financing Method: Transfer from the General Whole Town Fund
Budget: Revenues:
H.5031.94 Interfund Transfers
Town Hall Improvements $24,000
Total $24,000
Appropriations:
H.1620.2.300.700 Capital Outlay,
Town Hall Improvements $24,000
Total $24,000
Vote Record - Resolution RES-2017-991
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
2017-992
CATEGORY: Budget Modification
DEPARTMENT: Fishers Island Ferry District
Southold Town Meeting Agenda - December 5, 2017
Page 10
2017 Budget Modification - FIFD
Financial Impact:
Munnatawket Engine Replacement
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 November 27,
2017, which amended the 2017 Fishers Island Ferry District budget in the amount of
$300,000.00.
Vote Record - Resolution RES-2017-992
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
2017-993
CATEGORY: Budget Modification
DEPARTMENT: Fishers Island Ferry District
2017 Budget Modification - FIFD
Financial Impact:
to cover over expenditure
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 November 27,
2017, which amended the 2017 Fishers Island Ferry District budget in the amount of $333.70.
Vote Record - Resolution RES-2017-993
Yes/AyeNo/NayAbstainAbsent
Adopted
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
Southold Town Meeting Agenda - December 5, 2017
Page 11
No Action
Lost
2017-994
CATEGORY: Budget Modification
DEPARTMENT: Engineering
Engineering Budget Modification for Deans Parking Lot Survey
Financial Impact:
Transfer between General Fund Whole Town budget lines for the Engineering Department for Deans
Parking Lot Survey. No financial impact.
RESOLVED
that the Town Board of the Town of Southold hereby modifies the 2017 General
Fund Whole Town budget as follows:
From:
A.1440.1.300.100 Seasonal Employees, Regular Earnings $ 3,600.00
Total $ 3,600.00
To:
A.1440.4.500.100 Engineering Surveys $ 3,600.00
Total $ 3,600.00
Vote Record - Resolution RES-2017-994
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
2017-995
CATEGORY: Budget Modification
DEPARTMENT: Police Dept
Police Department-Budget Modification
Southold Town Meeting Agenda - December 5, 2017
Page 12
Financial Impact:
Reallocation of budgetary funds to cover overexpended PSD overtime earnings as well as anticipated
upcoming equipment installation in vehicles
RESOLVED modifies the 2017 General
that the Town Board of the Town of Southold hereby
Fund Whole Town budget
as follows:
From:
A.3020.1.100.500 Public Safety Comm/PS/Holiday Earnings $5,000
A.3120.2.500.800 Police/Other Equip/Light Bars $9,406
Total $14,406
To:
A.3020.1.100.200 Public Safety Comm/PS/Overtime Earnings $5,000
A.3120.2.500.775 Police/Other Equip.In Car Video/Computer $9,406
Total $14,406
Vote Record - Resolution RES-2017-995
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
2017-996
CATEGORY: Budget Modification
DEPARTMENT: Supervisor
Budget Modification- Supervisor
Financial Impact:
To appropriate money for needed supplies
RESOLVED
that the Town Board of the Town of Southold hereby modifies the 2017 General
Fund Whole Town budget as follows:
From:
A.1220.4.600.200 Supervisor, Meetings & Seminars $1,000
Southold Town Meeting Agenda - December 5, 2017
Page 13
Total $1,000
To:
A.1010.4.100.100 Town Board, Office Supplies $1,000
Total $1,000
Vote Record - Resolution RES-2017-996
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
2017-997
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Human Resource Center
Re-Register for Proprio Language Services
RESOLVED
that the Town Board of the Town of Southold hereby authorizes the Southold
Town Human Resource Center to re-register, as required, with Propio Language Services for
over-the-telephone or written translation and/or interpretation services for 2017-18 in connection
with the County of Suffolk’s requirement, subject to the approval of the Town Attorney.
Vote Record - Resolution RES-2017-997
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 - December 5, 2017
Page 14
2017-998
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Accounting
Engage Albrecht, Viggiano Zureck-2017 & 2018 Audits
Financial Impact:
Engagement letter for the 2017 & 2018 financial audis
RESOLVEDauthorizes and directs
that the Town Board of the Town of Southold hereby
Supervisor Scott Russell and Town Comptroller to execute an engagement letter with
Albrecht, Viggiano, Zureck and Company, P.C.
in connection with the fiscal years’ 2017 and
2018 annual audits, including one Federal Single Audit and the NYS DOT Audit of the Town, at
a fee not to exceed $80,900 for 2017, plus $5,000 for any additional Federal Single Audits that
may be required, and $82,500 for 2018, plus $5,000 for any additional Federal Single Audits that
may be required, that said fees shall be a legal charge to the General Fund Whole Town
Independent Auditing and Accounting budget (A.1320.4.500.300), or, for any additional Federal
Single Audits required for Community Preservation Fund purposes, the Community
Preservation Fund budget (CM.1320.4.500.300), and that said engagement letter is subject to
review and approval by the Town Attorney.
Vote Record - Resolution RES-2017-998
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
2017-999
CATEGORY: Budget Modification
DEPARTMENT: Accounting
2017 Budget Modification
Financial Impact:
Transfer budget and appropriate additional revenue to cover contractual expenditures to12/31/2017.
RESOLVED
that the Town Board of the Town of Southold hereby modifies the 2017 Solid
Waste budget as follows:
Southold Town Meeting Agenda - December 5, 2017
Page 15
Increase:
SR.2130.10 MSW Tip Fees-Commercial $30,000
SR.2130.20 MSW Tip Fees-Residential 12,000
Total $42,000
Increase:
SR.8160.4.400.805 MSW Removal $30,000
SR.8160.4.400.810 C&D Disposal 10,000
SR.8160.4.400.817 MSW Trucking 2,000
Total $42,000
From:
SR9010.8.000.000 NYS Retirement $20,000
SR9050.8.000.000 Unemployment Insurance 2,000
Total $22,000
To:
SR.8160.4.400.805 MSW Removal $22,000
Total $22,000
Vote Record - Resolution RES-2017-999
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
2017-1000
CATEGORY: Legal
DEPARTMENT: Town Attorney
Connor Claim
RESOLVED
that the Town Board of the Town of Southold hereby authorizes and directs the
payment of the sum of $750.00 to Lawrence Connor for property damage stemming from an
incident on August 31, 2017, subject to the approval of the Town Attorney.
Southold Town Meeting Agenda - December 5, 2017
Page 16
Vote Record - Resolution RES-2017-1000
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
2017-1001
CATEGORY: Budget Modification
DEPARTMENT: Police Dept
Police Department-Budget Modification
Financial Impact:
Reallocation of budgetary funds for the purchase of one additional PD SUV
RESOLVED modifies the 2017 General
that the Town Board of the Town of Southold hereby
Fund Whole Town budget
as follows:
From:
A.3120.2.500.700 Police/Other Equip/Soft Body Armor $6,500
Total $6,500
To:
A.3120.2.300.100 Police/Motor Vehicles/Automobiles $6,500
Total $6,500
Vote Record - Resolution RES-2017-1001
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
Louisa P. Evans
Rescinded
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Southold Town Meeting Agenda - December 5, 2017
Page 17
Lost
2017-1002
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Appoint Gregory Koehler Custodial Worker I
RESOLVEDappoints Gregory Koehler
that the Town Board of the Town of Southold hereby
to the position of Custodial Worker I
for the Department of Public Works, effective December
7, 2017 at a rate of $41,482.84 per year.
Vote Record - Resolution RES-2017-1002
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
2017-1003
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Town Attorney
Agreement - Village of Greenport, Accela
RESOLVED
that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Intermunicipal Agreement between the Town of
Southold, the Village of Greenport, and Accela Inc. in connection with the Town providing
access regarding tax assessments and property information to the Village of Greenport, for the
term of five years (5) through January 31, 2023, all in accordance with the approval of the Town
Attorney.
Vote Record - Resolution RES-2017-1003
Adopted
Yes/AyeNo/NayAbstainAbsent
Adopted as Amended
James Dinizio Jr
Defeated
Southold Town Meeting Agenda - December 5, 2017
Page 18
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
2017-1004
CATEGORY: Legal
DEPARTMENT: Town Attorney
MOA PERB Case
RESOLVED
that the Town Board of the Town of Southold hereby approves the Memorandum
of Agreement between the Town of Southold and the CSEA, concerning the settlement of PERB
Case Nos U-36006.
Vote Record - Resolution RES-2017-1004
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
2017-1005
CATEGORY: Local Law Public Hearing
DEPARTMENT: Town Attorney
Set PH 1/16/17 7:31 Pm - Chapter 280 Special Exception Uses
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 26 day of September, 2017, a Local Law entitled
Southold Town Meeting Agenda - December 5, 2017
Page 19
relation to Amendments to Chapter 280, Zoning, in connection with Special Exception
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 the Southold Town Hall, 53095 Main Road, Southold, New York, on the
th
16 day of January 2018 at 7:31 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 280,
The proposed Local Law entitled,
Zoning, in connection with Special Exception Uses”
reads as follows:
LOCAL LAW NO. 2018
“A Local Law in relation to Amendments to Chapter 280, Zoning, in
A Local Law entitled,
connection with Special Exception Uses”
.
BE IT ENACTED
by the Town Board of the Town of Southold as follows:
I.
Purpose. To clarify certain provisions of the Town Code and to give the Zoning Board of
Appeals flexibility in granting of Special Exception Permits to allow applicants to receive
other approvals prior to expiration of the permit.
II.
Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
Chapter 280. Zoning
Article XXV. Special Exception Uses
§ 280-141. Application; hearing; approval; violations of conditions.
A. An application for a special exception approval shall be on the form for the same
provided by the Zoning Board of Appeals and shall be submitted in triplicate to the
Zoning Board of Appeals, which shall review the application for completeness and
conformity with this chapter. The Zoning Board of Appeals shall reject the application if
it is not complete or not in conformance with the Zoning Code and shall notify the
applicant as to the reason for such rejection. Upon a determination by the Zoning Board
of Appeals that the application is complete If the application is satisfactory, the applicant
and the Zoning Board of Appeals shall set the application shall be scheduled down for a
280-149
public hearing. The fee for a special exception shall be $400, as set forth in § .
B. Prior to taking action on any special exception use, the Zoning Board of Appeals shall
schedule a public hearing within 45 days after determination that the application is
complete. Within 60 days following the close of the public hearing, the Board shall
render a decision on the application.
C. Effect of approval. A special exception approval issued in accordance with the provisions
of this article shall authorize only the special exception use for which the approval is
granted, provided however:
(1) No use which is not a special exception use hereunder shall be authorized by any
such approval;
(2) The approval may include reasonable conditions which the Zoning Board of Appeals
Southold Town Meeting Agenda - December 5, 2017
Page 20
determines to be necessary or appropriate to ensure that the applicable general and
specific standards and safeguards set forth in this chapter for the use can and will be
met and/or adhered to;
(3) The Zoning Board of Appeals may condition the permit by requiring that the
applicant actually complete construction and begin the approved special exception
use in compliance with the conditions imposed by the Zoning Board of Appeals
within a time period of from six months to three years;
(4) If the Zoning Board of Appeals fails to specify a period to complete construction and
begin the approved special exception use, the time period to complete construction
and begin the approved special exception use shall be one year;
(5) An application may be made and the Zoning Board of appeals may grant, after
holding a public hearing in accordance with § 280-150, an extension of the approval
of up to one year;
(6) A special exception approval shall be valid for a period of six months but may be
extended for one additional six-month period by the Zoning Board of Appeals within
the requirement of new public notice of hearing. A continuing or permanent land use
authorized by a special exception approval, which use is undertaken or begun during
the period in accordance with the Zoning Board of Appeals approval of validity of
such approval, shall thereafter be deemed a lawful use as if the same were permitted
by this chapter without need for a special exception permit; provided, however, that:
a. All conditions imposed by the special exception approval shall continue to
apply unless they, by their express terms, are of limited duration.
b. All conditions imposed on special exception approval uses generally or
specifically by this chapter shall continue to apply, regardless of whether any
such conditions were expressly incorporated into the special exception
approval.
c. The Zoning Board of Appeals shall retain continuing jurisdiction over the
same;
d. The duration of a special exception use may be limited to a specified time
period as set forth in the approval of the Zoning Board of Appeals, if the
approval is silent as to the duration of the special exception use, then said use
shall be in perpetuity;
e. A special exception use which has been discontinued for a period of one year
or more shall be deemed abandoned
D. Violations of conditions. A violation of any limitation or condition of a special exception
approval or of any provision of this chapter applicable to a special exception use shall
constitute a violation of this chapter. The Zoning Board of Appeals shall retain
jurisdiction and shall have the right, after a public hearing, to modify, suspend or revoke
such approval or any term or condition thereof or to impose thereon one or more new
conditions, all on the following grounds: \[Amended 6-15-1993 by L.L. No. 10-1993\]
(1) False statements or mistake of material fact: materially false or inaccurate
statements in the application, supporting papers or supporting testimony or
ignorance or misunderstanding of a material fact by the Board, which fact, had it
been known to the Board at the time of its review, would have resulted in a denial
Southold Town Meeting Agenda - December 5, 2017
Page 21
of the approval sought.
(2) Noncompliance with the terms and conditions of such approval: failure of the
applicant-permittee to comply with any conditions or terms of the approval.
(3) Activity beyond such approval: exceeding the scope of the activity, use or project
as the same was described in the application.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV.EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Vote Record - Resolution RES-2017-1005
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
2017-1006
CATEGORY: Legislation
DEPARTMENT: Town Attorney
Authorize and Direct the Town Clerk to Forward the Proposed Local Law
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
A Local Law in relation to
Town Clerk to forward the proposed Local Law entitled, "
Amendments to Chapter 280, Zoning, in connection with Special Exception Uses
.” to the
Southold Town Planning Board and the Suffolk County Planning Commission for comments and
recommendations.
Vote Record - Resolution RES-2017-1006
Yes/AyeNo/NayAbstainAbsent
Adopted
Adopted as Amended
James Dinizio Jr
Defeated
William P. Ruland
Tabled
Jill Doherty
Withdrawn
Supervisor's Appt
Robert Ghosio
Southold Town Meeting Agenda - December 5, 2017
Page 22
Tax Receiver's Appt
Louisa P. Evans
Rescinded
Scott A. Russell
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost
2017-1007
CATEGORY: Budget Modification
DEPARTMENT: Highway Department
2017 Budget Modification - Highway
Financial Impact:
budget modification
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 6,747.00
DB.5140.4.400.100 Cleanup Week Debris 4,375.00
DB.5142.4.100.920 Sand 9,246.00
Total: $20,368.00
To:
DB.5110.1.100.200 Regular Overtime Earnings 485.00
DB.5110.4.100.100 Misc. Supplies 1,800.00
DB.5110.4.100.915 Cement 610.00
DB.5130.4.100.550 Tires 2,629.00
DB.5140.1.100.100 Brush/Weed Reg Earnings 6,747.00
DB.5140.1.100.200 Brush/Weed Overtime Earnings 261.00
DB.5140.4.100.125 Misc. Supplies 1,500.00
DB.5140.4.600.700 Licenses 300.00
DB.5110.4.100.905 Asphalt Patch 500.00
DB.5140.4.400.600 Office Equip/Maintenance Repair 336.00
DB.5110.4.400.600 Other Contracted Services 2,000.00
DB.5130.2.500.300 Other Equipment 3,200.00
Total: $20,368.00
Vote Record - Resolution RES-2017-1007
Adopted
Yes/AyeNo/NayAbstainAbsent
Adopted as Amended
James Dinizio Jr
Defeated
Tabled
William P. Ruland
Withdrawn
Jill Doherty
Supervisor's Appt
Southold Town Meeting Agenda - December 5, 2017
Page 23
Tax Receiver's Appt
Robert Ghosio
Rescinded
Louisa P. Evans
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
2017-1008
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Town Attorney
Letter of Intent Sale of Property
RESOLVED
that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to a execute a Letter of Intent to negotiate the terms of sale for an
approximate 10.4 acre parcel of land in the hamlet of Peconic, all in accordance with the
approval of the Town Attorney.
Vote Record - Resolution RES-2017-1008
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
2017-1009
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Town Attorney
U.S. Census Bureau’s Local Update of Census Addresses Operation
RESOLVED
that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute any and all agreements, registration forms, and other
documents, relating to the Town of Southold’s participation in the U.S. Census Bureau’s Local
Update of Census Addresses Operation.
Southold Town Meeting Agenda - December 5, 2017
Page 24
Vote Record - Resolution RES-2017-1009
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
2017-1010
CATEGORY: Legislation
DEPARTMENT: Town Clerk
Permit Fees for 2018
RESOLVED the Town Board of the Town of Southold hereby sets the follow permit fees to
be effective for the following 2018 Beach Parking Permits:
Resident Beach Parking Permit Two (2) year $20.00
Resident Trailer Launch/Haul Permit Two (2) year $20.00
Daily Non-Resident Beach Parking Fee $40.00
Guest Non-Resident Beach Parking Fee $40.00
Lessee Non-Resident Beach Parking Fee $100.00
Motel Non-Resident Beach Parking Fee $100.00
Seasonal Non-Resident Beach Parking Fee $300.00
Commercial Launch/Haul Permit $300.00
Vote Record - Resolution RES-2017-1010
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 - December 5, 2017
Page 25
2017-1011
CATEGORY: Enact Local Law
DEPARTMENT: Town Clerk
Enact - Chapter 280 Regarding Affordable Housing
WHEREAS,
there has been presented to the Town Board of the Town of Southold, Suffolk
“A Local Law in
County, New York, on the 8th day of November, 2017, a Local Law entitled
relation to Amendments to Chapter 280 of the Town Code entitled ‘Zoning’”
and
WHEREAS
the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
“A Local Law in relation to Amendments to Chapter 280 of the Town Code
Law entitled,
entitled ‘Zoning’”
reads as follows:
LOCAL LAW NO. 2017
“A Local Law in relation to Amendments to Chapter Chapter 280
A Local Law entitled,
Zoning, in connection with the Affordable Housing”
.
BE IT ENACTED
by the Town Board of the Town of Southold as follows:
I. Purpose.
To amend Chapter 280 to increase options for affordable housing within the Town of Southold
and to increase regulatory compliance and grant funding availability for the same.
II.
Chapter 280 of the Code of the Town of Southold is hereby amended by adding the
underlined words and removing the struck items as follows:
Use regulations.
§ 280-13
\[Amended 3-14-1989 by L.L. No. 3-1989\]
,
In A-C R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no
building or part of a building shall be erected or altered which is arranged, intended or designed
to be used, in whole or in part, for any uses except the following:
B.
Uses permitted by special exception by the Board of Appeals. The following uses
are permitted as special exception by the Board of Appeals, as hereinafter
B(1)(13)(14)
provided, and, except for the uses set forth in Subsections , and
hereof, are subject to site plan approval by the Planning Board:
(17) Conversion of existing space to affordable residential housing.
a. Tenants shall be reserved to moderate-income individuals and
Southold Town Meeting Agenda - December 5, 2017
Page 26
families who do not have any ownership interest in any other
residence or vacant lot. Tenants must work or reside in the Town
of Southold at the time they take possession. The eligible
applicants must be registered in the Town of Southold Housing
Registry, administered by the Government Liaison Officer prior to
the commencement of any tenancy.
b. Converted space shall be limited to a maximum of six (6) moderate
income residential rental units.
c. As a condition of the granting of a special exception by the Zoning
Board of Appeals, property owners must convert said applied for
space to residential use within six (6) months, rent the units at a
rate at or below the maximum allowable monthly rent for
affordable housing units, and maintain the excepted residential
units as affordable residential housing for a minimum period of
eight (8) years from the date of granting
d. All converted affordable residential housing shall be subject to all
Town and County building code and septic specifications.
e. All converted affordable residential housing must have at least one
parking space per unit.
f. The premises must be located within a designated hamlet locus
(HALO) zone
D.
Rental permit for accessory apartments. Notwithstanding any prior course of
conduct or permission granted, no owner of property shall cause, permit, or allow
280-13A(6)
the occupancy or use of an accessory apartment created pursuant to §
280-13B(13)
or § without a valid rental permit issued upon application to the
Chief Building Inspector.\[Added 6-15-2010 by L.L. No. 2-2010\]
(3)
The owner of an accessory apartment in an accessory structure lawfully
280-13B(13)
existing pursuant to § shall, in addition to the information required
280-13D(1)(a)(f)
in § through , provide a certification that:
(a)
The existing single-family dwelling or the accessory apartment in the
accessory structure is occupied by the owner as the owner's principal
residence.
(b)
The other dwelling unit on the subject property is to be occupied by
an individual
either a family member or a resident who is currently on the
Southold Town Affordable Housing Registry and eligible for placement.
(c)
Rents charged to a tenant from the Affordable Housing Registry shall
not exceed the rent established by the Town Board annually pursuant to §
280-30F
of this Code.
(d)
The dwelling unit is in compliance with all of the provisions of the
Code of the Town of Southold, the laws and sanitary and housing
regulations of the County of Suffolk and the laws of the State of New
York.
Use regulations.
§ 280-17
Southold Town Meeting Agenda - December 5, 2017
Page 27
In an R-40 District, no building or premises shall be used and no building or part of a building
shall be erected or altered which is arranged, intended or designed to be used, in whole or in part,
for any uses except the following:
B.
Uses permitted by special exception of the Board of Appeals. The following uses
are permitted as a special exception by the Board of Appeals, as hereinafter
provided, and subject to site plan approval by the Planning Board:
(3) Conversion of existing space to affordable residential housing.
a. Tenants shall be reserved to moderate-income individuals and families
who do not have any ownership interest in any other residence or vacant
lot. Tenants must work or reside in the Town of Southold at the time they
take possession. The eligible applicants must be registered in the Town of
Southold Housing Registry, administered by the Government Liaison
Officer prior to the commencement of any tenancy.
b. Converted space shall be limited to a maximum of six (6) moderate
income residential rental units.
c. As a condition of the granting of a special exception by the Zoning
Board of Appeals, property owners must convert said applied for space to
residential use within six (6) months, rent the units at a rate at or below the
maximum allowable monthly rent for affordable housing units, and
maintain the excepted residential units as affordable residential housing
for a minimum period of eight (8) years from the date of granting
d. All converted affordable residential housing shall be subject to all
Town and County building code and septic specifications.
e. All converted affordable residential housing must have at least one
parking space per unit.
f. The premises must be located within a designated hamlet locus
(HALO) zone
C.
Accessory uses, limited to the following:
(1) 280-13C
Same as § of the Agricultural-Conservation District.
(2)
Same as §280-13D of the A-C, R-80, R-120, R-200 and R-400 Districts.
General regulations and requirements.
§ 280-30
A.
The Town Board shall require the recording of covenants and restrictions that
shall apply to all real property within the AHD District. The covenants and
restrictions shall contain terms and conditions as the Town Board and Planning
Board deem necessary to insure the property is used for purposes consistent with
the purposes for which the AHD zoning classification was created, and they shall
be subject to the approval of the Town Attorney. The covenants and restrictions
shall include the following: \[Amended 5-3-2016 by L.L. No. 4-2016\]
C.
Eligibility (non-age-restricted). In each AHD, the sale or lease of dwelling units
and unimproved lots shall be reserved for moderate-income families who do not
have any ownership interest in any other residence or vacant lot. The net worth of
an applicant (individual or family) shall not exceed 25% of the purchase price of a
home sold pursuant to this section. The eligible applicants shall mustbe grouped
on a priority basis, and a lottery system will be registered in the Town of Southold
Southold Town Meeting Agenda - December 5, 2017
Page 28
Housing Registry, administered by the Government Liaison Officer within each
group in a formula acceptable to the Town Board. The priority groups are as
follows: \[Amended 7-29-2008 by L.L. No. 8-2008; 5-3-2016 by L.L. No. 4-2016\]
(1)
Income-eligible individuals or families who have lived in the Town of
Southold in the same school district as the dwelling unit or lot for a period of at
least three years prior to the submission of their application.
(2)
Income-eligible individuals or families who have lived in the Town of
Southold for a period of at least three years prior to the submission of their
application.
(3)
Income-eligible individuals/families who have been employed in the Town of
Southold for a period of at least three years prior to the submission of their
application.
(4) Income-eligible individuals/families who have previously lived for a
minimum of three years in the Town of Southold and wish to return.
(5)
To all other eligible applicants.
D.
Age-restricted (age 55 and over) dwelling units or unimproved lots. The sale or
lease of dwelling units and unimproved lots in an age-restricted community shall
be reserved for age eligible moderate-income families registered in the Town of
Southold Housing Registry, as administered by the Government Liaison Officer
in the following order of priority:\[Amended 7-29-2008 by L.L. No. 8-2008\]
(1) Income-eligible individuals or families where the head of household is age 55
or over, who have had a primary residence in the Town of Southold for a period
of at least five years prior to the submission of the application, and do not own
real estate. Household annual income may not exceed 80% of the HUD median
income for Suffolk County, and net worth may not exceed twice the price of the
unit to be purchased.
(2) Income-eligible individuals or families where the head of household is age 55
or over, who have had a primary residence in the Town of Southold for a period
of at least five years prior to the submission of the application, and do not own
real estate. Household annual income may not exceed 100% of the HUD median
income for Suffolk County, and net worth may not exceed twice the price of the
unit to be purchased.
(3)
Income-eligible individuals or families where the head of household is age 55
or over, who have had a primary residence in the Town of Southold for a period
of at least five years prior to the submission of the application, and who will be
divested of all real estate holdings within 90 days of the contract execution with
the project sponsor (such ninety-day period may be extended by resolution of the
Town Board). Household annual income may not exceed 80% of the HUD
median income for Suffolk County, and net worth may not exceed twice the price
of the unit to be purchased.
(4)
Income-eligible individuals or families where the head of household is age 55
or over, who have had a primary residence in the Town of Southold for a period
of at least five years prior to the submission of the application, and who will be
divested of all real estate holdings within 90 days of the contract execution with
Southold Town Meeting Agenda - December 5, 2017
Page 29
the project sponsor (such ninety-day period may be extended by resolution of the
Town Board). Household annual income may not exceed 100% of the HUD
median income for Suffolk County, and net worth may not exceed twice the price
of the unit to be purchased.
(5)
Income-eligible individuals or families where the head of household is age 55
or over, who have had a residence in the Town of Southold for a period of at least
five years prior to the submission of the application, and who will be divested of
all real estate holdings within 90 days of the contract execution with the project
sponsor. Household annual income may not exceed 100% of the HUD median
income for Suffolk County, and net worth may not exceed twice the price of the
unit to be purchased.
(6)
Other income-eligible applicants age 55 or over whose household annual
income may not exceed 100% of the HUD median income for Suffolk County, and net
worth may not exceed twice the price of the unit to be purchased.
§ 280-38
Use regulations.
In the Residential Office (RO) District, no building or premises shall be used and no building or
part of a building shall be erected or altered which is arranged, intended or designed to be used,
in whole or in part, for any uses except the following:
B.
Uses permitted by special exception by the Board of Appeals. The following uses
are permitted as a special exception by the Board of Appeals as hereinafter
provided and subject to site plan approval by the Planning Board, provided that
not more than one use shall be allowed for each 40,000 square feet of lot area:
(6) Conversion of existing space to affordable residential housing.
a. Tenants shall be reserved to moderate-income individuals and families
who do not have any ownership interest in any other residence or vacant
lot.. Tenants must work or reside in the Town of Southold at the time they
take possession. The eligible applicants must be registered in the Town of
Southold Housing Registry, administered by the Government Liaison
Officer prior to the commencement of any tenancy.
b. Converted space shall be limited to a maximum of six (6) moderate
income residential rental units.
c. As a condition of the granting of a special exception by the Zoning
Board of Appeals, property owners must convert said applied for space to
residential use within six (6) months, rent the units at a rate at or below the
maximum allowable monthly rent for affordable housing units, and
maintain the excepted residential units as affordable residential housing
for a minimum period of eight (8) years from the date of granting
d. All converted affordable residential housing shall be subject to all
Town and County building code and septic specifications.
e. All converted affordable residential housing must have at least one
parking space per unit.
Use regulations.
§ 280-41
In the LB District, no building or premises shall be used and no building or part of a building
Southold Town Meeting Agenda - December 5, 2017
Page 30
shall be erected or altered which is arranged, intended or designed to be used, in whole or in part,
for any uses except the following:
B.
Uses permitted by special exception by the Board of Appeals. The following uses
are permitted as a special exception by the Board of Appeals as hereinafter
provided and are subject to site plan approval by the Planning Board:
(5) Conversion of existing space to affordable residential housing.
a. Tenants shall be reserved to moderate-income individuals and families
who do not have any ownership interest in any other residence or vacant
lot.. Tenants must work or reside in the Town of Southold at the time they
take possession. The eligible applicants must be registered in the Town of
Southold Housing Registry, administered by the Government Liaison
Officer prior to the commencement of any tenancy.
b. Converted space shall be limited to a maximum of six (6) moderate
income residential rental units.
c. As a condition of the granting of a special exception by the Zoning
Board of Appeals, property owners must convert said applied for space to
residential use within six (6) months, rent the units at a rate at or below the
maximum allowable monthly rent for affordable housing units, and
maintain the excepted residential units as affordable residential housing
for a minimum period of eight (8) years from the date of granting
d. All converted affordable residential housing shall be subject to all
Town and County building code and septic specifications.
e. All converted affordable residential housing must have at least one
parking space per unit.
Purpose.
§ 280-44
The purpose of the Hamlet Business (HB) District is to provide for business development in the
hamlet central business areas, including retail, office and service uses, public and semipublic
uses, as well as hotel and motel and multifamily residential development that will support and
enhance the retail development and provide a focus for the hamlet area.
Use regulations.
§ 280-45
\[Amended 5-9-1989 by L.L. No. 6-1989; 12-12-1989 by L.L. No. 23-1989; 7-31-1990 by L.L.
No. 16-1990; 5-16-1994 by L.L. No. 9-1994; 11-26-1994 by L.L. No. 26-1994; 2-7-1995 by L.L.
No. 3-1995; 10-17-1995 by L.L. No. 21-1995; 5-6-2003 by L.L. No. 10-2003\]
In the HB District, no building or premises shall be used and no building or part of a building
shall be erected or altered which is arranged, intended or designed to be used, in whole or in part,
for any uses except the following:
A.
Permitted uses. The following are permitted uses and, except for those uses
A(1)(2)(3)(20)
permitted under Subsection , , and hereof, are subject to site plan
approval by the Planning Board:\[Amended 4-20-2004 by L.L. No. 11-2004\]
(1)
One-family detached dwelling, not to exceed one dwelling on each lot. The
dwelling must be occupied by the owner of the property.
Southold Town Meeting Agenda - December 5, 2017
Page 31
(2)
Two-family dwelling, not to exceed one dwelling on each lot. The dwelling
must be occupied by the owner of the property.
B.
Uses permitted by special exception by the Board of Appeals. The following uses
are permitted as a special exception by the Board of Appeals as hereinafter
B(10)
provided, except Subsection , which may be permitted as a special
exception by the Planning Board, and all such special exception uses shall be
subject to site plan approval by the Planning Board:
\[Amended 6-20-2006 by L.L. No. 8-2006\]
(11) Conversion of existing space to affordable residential housing.
a. Tenants shall be reserved to moderate-income individuals and families
who do not have any ownership interest in any other residence or vacant
lot.. Tenants must work or reside in the Town of Southold at the time they
take possession. The eligible applicants must be registered in the Town of
Southold Housing Registry, administered by the Government Liaison
Officer prior to the commencement of any tenancy.
b. Converted space shall be limited to a maximum of six (6) moderate
income residential rental units.
c. As a condition of the granting of a special exception by the Zoning
Board of Appeals, property owners must convert said applied for space to
residential use within six (6) months, rent the units at a rate at or below the
maximum allowable monthly rent for affordable housing units, and
maintain the excepted residential units as affordable residential housing
for a minimum period of eight (8) years from the date of granting
d. All converted affordable residential housing shall be subject to all Town
and County building code and septic specifications.
e. All converted affordable residential housing must have at least one
.
parking space per unit
C.
Accessory uses. The following uses are permitted as accessory uses and, except
XIX
for residential accessory uses and signs, which are subject to Article , are
subject to site plan review:
(1) 280-13C(1)(7)
Accessory uses as set forth in and regulated by § through of
the Agricultural-Conservation District, and subject to the conditions set forth in §
280-15
thereof.
(2)
Apartments are permitted within the principal building only, subject to the
following requirements:
(a)
The Building Department issuing an accessory apartment permit.
(b)
The habitable floor area of each apartment shall be at least 350 square
feet.
(c)
There shall be no more than three apartments created or maintained in
any single structure. The Apartment shall have all requisite Suffolk
County Department of Health approvals.
(d)
Each apartment shall have at least one off-street parking space.
(e)
Construction and/or remodeling of an existing structure to create an
accessory apartment shall not trigger the need for site plan approval set
280-127XXIV
forth specifically in § and Article in general unless such
Southold Town Meeting Agenda - December 5, 2017
Page 32
construction or remodeling results in an increase of the foundation size of
the structure.
(f) 50
The apartment(s) shall not comprise more than 40% of the principal
building.
(g) Each apartment on the subject property is to be occupied by either
a property owner’s immediate family member or an individual who is
registered on the Southold Town Affordable Housing Registry and is
eligible for placement prior to possession being taken.
§ 280-48
Use regulations.
B.
Uses permitted by special exception by the Board of Appeals. The following uses
are permitted as a special exception by the Board of Appeals as hereinafter
B(17)
provided, except Subsection , which may be permitted as a special
exception by the Planning Board, and all such special exception uses shall be
subject to site plan approval by the Planning Board.
(18) Conversion of existing space to affordable residential housing.
a. Tenants shall be reserved to moderate-income individuals and families
who do not have any ownership interest in any other residence or vacant
lot.. Tenants must work or reside in the Town of Southold at the time they
take possession. The eligible applicants must be registered in the Town of
Southold Housing Registry, administered by the Government Liaison
Officer prior to the commencement of any tenancy.
b. Converted space shall be limited to a maximum of six (6) moderate
income residential rental units.
c. As a condition of the granting of a special exception by the Zoning
Board of Appeals, property owners must convert said applied for space to
residential use within six (6) months, rent the units at a rate at or below the
maximum allowable monthly rent for affordable housing units, and
maintain the excepted residential units as affordable residential housing
for a minimum period of eight (8) years from the date of granting
d. All converted affordable residential housing shall be subject to all
Town and County building code and septic specifications.
e. All converted affordable residential housing must have at least one
parking space per unit.
Use regulations.
§ 280-58
B.
Uses permitted by special exception of the Board of Appeals. The following uses
are permitted as a special exception by the Board of Appeals as hereinafter
B(10)
provided, except Subsection , which may be permitted as a special
exception by the Planning Board, and all such special exception uses shall be
subject to site plan approval by the Planning Board:
\[Amended 5-23-1989 by L.L. No. 7-1989; 4-28-1997 by L.L. No. 6-1997;
11-12-1997 by L.L. No. 26-1997; 2-12-2013 by L.L. No. 2-2013; 6-17-2014 by
L.L. No. 7-2014\]
Southold Town Meeting Agenda - December 5, 2017
Page 33
(11) Conversion of existing space to affordable residential housing.
a. Tenants shall be reserved to moderate-income individuals and families
who do not have any ownership interest in any other residence or vacant
lot. Tenants must work or reside in the Town of Southold at the time they
take possession. The eligible applicants must be registered in the Town of
Southold Housing Registry, administered by the Government Liaison
Officer prior to the commencement of any tenancy.
b. Converted space shall be limited to a maximum of six (6) moderate
income residential rental units.
c. As a condition of the granting of a special exception by the Zoning
Board of Appeals, property owners must convert said applied for space to
residential use within six (6) months, rent the units at a rate at or below the
maximum allowable monthly rent for affordable housing units, and
maintain the excepted residential units as affordable residential housing
for a minimum period of eight (8) years from the date of granting
d. All converted affordable residential housing shall be subject to all
Town and County building code and septic specifications.
e. All converted affordable residential housing must have at least one
parking space per unit.
f. The premises must be located within a designated hamlet locus
(HALO) zone
Use regulations.
§ 280-62
In the LI District, no building or premises shall be used and no building or part of a building
shall be erected or altered which is arranged, intended or designed to be used, in whole or in part,
for any purpose except the following:
B.
Uses permitted by special exception of the Board of Appeals. The following uses
are permitted as a special exception by the Board of Appeals as hereinafter
B(10)
provided, except Subsection , which may be permitted as a special
exception by the Planning Board, and all such special exception uses shall be
subject to site plan approval by the Planning Board:
\[Amended 4-28-1997 by L.L. No. 6-1997; 2-12-2013 by L.L. No. 2-2013;
6-17-2014 by L.L. No. 7-2014\]
(18) Conversion of existing space to affordable residential housing.
a. Tenants shall be reserved to moderate-income individuals and families
who do not have any ownership interest in any other residence or vacant
lot.. Tenants must work or reside in the Town of Southold at the time they
take possession. The eligible applicants must be registered in the Town of
Southold Housing Registry, administered by the Government Liaison
Officer prior to the commencement of any tenancy.
b. Converted space shall be limited to a maximum of six (6) moderate
income residential rental units.
c. As a condition of the granting of a special exception by the Zoning
Board of Appeals, property owners must convert said applied for space to
residential use within six (6) months, rent the units at a rate at or below the
Southold Town Meeting Agenda - December 5, 2017
Page 34
maximum allowable monthly rent for affordable housing units, and
maintain the excepted residential units as affordable residential housing
for a minimum period of eight (8) years from the date of granting
d. All converted affordable residential housing shall be subject to all
Town and County building code and septic specifications.
e. All converted affordable residential housing must have at least one
parking space per unit.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV.EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Vote Record - Resolution RES-2017-1011
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
2017-1012
CATEGORY: Enact Local Law
DEPARTMENT: Town Clerk
Enact - Chapter 280 - Wineries
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 8 day of November, 2017, a Local Law entitled
relation to Amendments to Chapter 280, Zoning, in connection with Use Regulations for
Wineries in Residential Districts”
and
WHEREAS
the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard, now
Southold Town Meeting Agenda - December 5, 2017
Page 35
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS proposed Local
“A Local Law in relation to Amendments to Chapter 280, Zoning, in
Law entitled,
connection with Use Regulations for Wineries in Residential Districts”
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 Use Regulations for Wineries in Residential Districts”
.
BE IT ENACTED
by the Town Board of the Town of Southold as follows:
I.
Purpose.
To modify and clarify certain provision of the Town Code as it pertains to wineries in
order to better protect the quality of life enjoyed by Southold Town residents while at
the same time promoting wineries and other forms of Agritourism within the Town of
Southold.
II.
Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
Chapter 280. Zoning Article III. Agricultural-Conservation (A-C) District and Low-Density
Residential R-80, R-120, R-200 and R-400 Districts
§ 280-13. Use regulations.
In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no
building or part of a building shall be erected or altered which is arranged, intended or designed
to be used, in whole or in part, for any uses except the following:
A. Permitted uses.
(4) Wineries which meet the following standards:
(a) The winery shall be a place or premises on which wine is produced, processed and
sold. The wine shall be made from primarily Long Island grapes of which at least
80% are grown on the premises or other land owned by the winery owner;
(b) The winery shall be on a parcel on which at least 10 acres are devoted to the growing
of wine grapes vineyard or other agricultural purposes, and which is owned by the
winery owner;
(c) The aforementioned 10 acres devoted to growing of grapes shall be in addition to any
land where structures are to be built and should not be included in calculations as to
whether the lot size conforms to the bulk schedule for the proposed use or uses on the
parcel.
(d) The winery structures shall be set back a minimum of 100 feet from a major road; and
(e) The winery shall obtain site plan approval.
280-15
C. Accessory uses, limited to the following uses and subject to the conditions listed in§
herein:
Southold Town Meeting Agenda - December 5, 2017
Page 36
(10) Wineries may have the following accessory uses:
(a) A have an accessory retail gift shop on the premises which may sell items accessory
to wine, such as corkscrews, wine glasses, decanters, items for the storage and
display of wine, books on winemaking and the region and nonspecific items bearing
the insignia of the winery.
(b) In addition to wine made on the parcel, 20% of the wine sold at a winery may be
from other Long Island wineries.
(c) Wineries may not have a commercial kitchen as an accessory use but may have a
noncommercial kitchen facility for private use by the employees.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV.EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Vote Record - Resolution RES-2017-1012
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
VII. PUBLIC HEARINGS
1. Ph 12/5 7:30 Pm - Chapter 280 Regarding Affordable Housing
2. PH 12/5 7:31 PM - Chapter 280 - Wineries