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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