The URL can be used to link to this page

Home My WebLink AboutAG-04/10/2018 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 April 10, 2018 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 April 10, 2018 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrived 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 - April 10, 2018 Page 2 I. REPORTS 1. Zoning Board of Appeals Monthly Report March 2018 2. Town Clerk Monthly Report March 2018 II. PUBLIC NOTICES 1. NYS Liquor License RENEWAL Heron Harbor NEW Werts East LLC Matchbook Distilling Company, LLC East End Restaurant Group, LLC Waypoint Restaurant, LLC III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 Am - Regina Vander Schaaf and Andrea Dunkirk Suffolk County Community College Continuing Education Program Grant Funded Training Programs 2. 9:15 Am - Jamie Richter Silvermere Road Drainage Issues 3. 9:30 Am - Jim Bunchuck DSW Capital Project 4. 9:45 Am - Lynn Nyilas Upcoming Youth Bureau Events 5. 10:00 Am - Members from the Long Island Farm Bureau Various Agricultural Issues 6. Solar Siting Code 7. Waiver of Fee for Southold Fire Dept 8. Appointment to Police Advisory Committee Southold Town Meeting Agenda - April 10, 2018 Page 3 9. EXECUTIVE SESSION - Potential Property Acquisition(S), Publicity of Which Would Substantially Affect the Value Thereof 11:00 am - Melissa Spiro 10. EXECUTIVE SESSION - Labor- Matters Involving the Employment of a Particular Person(S) - Update on PBA Contract 11:15 am - Jamie Richter 11:30 am - Jeff Standish 11:45 am - Michael Collins 12:00 pm - Jim Bunchuck 11. EXECUTIVE SESSION - Litigation - Croteaux v.Town of Southold - Town of Southold v. Kelly - Grimes v. Board of Trustees 12. Request for Wavier of 30 Day Notice for Liquor License Matchbook Distilling Company, LLC Waypoint Restaurant, LLC V. RESOLUTIONS 2018-315 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated April 10, 2018.  Vote Record - Resolution RES-2018-315 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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 - April 10, 2018 Page 4 2018-316 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, April 24, 2018 at Southold Town Hall, 53095 Main Road, Southold, New York at 4:30 P. M..  Vote Record - Resolution RES-2018-316  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent  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  2018-317 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk 2018 Commitee Re-Appointments RESOLVED that the Town Board of the Town of Southold hereby re-appoints the following members to the following committees, effective March 31, 2018: Agricultural Advisory Committee Mark Van Bourgondien Deer Management John J. Rasweiler IV Land Preservation Anne Murray Southold Town Meeting Agenda - April 10, 2018 Page 5  Vote Record - Resolution RES-2018-317 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  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 2018-318 CATEGORY: Attend Seminar DEPARTMENT: Highway Department Training - Skabry Financial Impact: This was accidentally left off the 3/27 agenda. RESOLVED that the Town Board of the Town of Southold hereby grants permission to Thomas Skabry to attend the CSEA Peer Safety Trainer Refresher from March 27- 29, 2018 in Saratoga Springs, New York. This is at no cost for the Town on lodging, meals, travel and seminar.  Vote Record - Resolution RES-2018-318 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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 2018-319 CATEGORY: Contracts, Lease & Agreements Southold Town Meeting Agenda - April 10, 2018 Page 6 DEPARTMENT: Accounting Engage Albrecht, Viggiano, Zureck-2017 Audit RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott Russell to execute an engagement letter with Albrecht, Viggiano, Zureck and Company, P.C. in connection with the Justice Court audit for the year ended December 31, 2017, at a fee not to exceed $7,500, that said fee shall be a legal charge to the General Fund Whole Town Independent Auditing and Accounting budget (A.1320.4.500.300), and that said engagement letter is subject to review and approval by the Town Attorney.  Vote Record - Resolution RES-2018-319  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent  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  2018-320 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Tree Committee Resignation - Campbell RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Matthew Campbell as a member of the Southold Town Tree Committee, effective immediately.  Vote Record - Resolution RES-2018-320 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Defeated  James Dinizio Jr      Tabled William P. Ruland      Withdrawn Jill Doherty      Supervisor's Appt Tax Receiver's Appt  Robert Ghosio     Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action   Lost Southold Town Meeting Agenda - April 10, 2018 Page 7 2018-321 CATEGORY: Advertise DEPARTMENT: Recreation Request to Advertise for Beach Attendants, Lifeguards and an Assistant Beach Manager RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise in the April 19th edition of The Suffolk Times for Beach Attendants, Lifeguards and an Assistant Beach Manager for the Recreation Department.  Vote Record - Resolution RES-2018-321 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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  2018-323 CATEGORY: Field Use - Town DEPARTMENT: Recreation Gonzalez Men's Soccer League RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the Gonzalez Men’s Soccer League to use Strawberry Fields in Mattituck on Sundays, 7:30a.m. - 6:30 p.m. from April 15, 2018- December 9,2018 for league games. Dates will be coordinated with the Recreation Department as other organizations & groups will be using the field throughout the year. Appropriate fees will be charged as per the rules and regulations on the application for use of parks facilities. Applicant must file with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as additional insured’s. Southold Town Meeting Agenda - April 10, 2018 Page 8  Vote Record - Resolution RES-2018-323 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  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 2018-324 CATEGORY: Attend Seminar DEPARTMENT: Assessors BOAR Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to the following Board of Assessment Review Members: Phyllis Atkinson, Gerard Schultheis, John Betsch, Julie Dantes and Brian Andrews to attend training scheduled on May 1, 2018 to be held at the Suffolk County Office of Real Property in Riverhead. The expense for travel to be reimbursed from the Assessors 2018 budget.  Vote Record - Resolution RES-2018-324 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  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  2018-325 CATEGORY: Employment - Town Southold Town Meeting Agenda - April 10, 2018 Page 9 DEPARTMENT: Accounting Acknowledges the Intent to Retire Andrew C Epple Jr. WHEREAS, the Town of Southold has received notification via U.S. Mail on April 3, 2018 from the NYS Retirement System concerning the retirement of Andrew C. Epple Jr. effective April 30, 2018 now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Andrew C. Epple Jr. from the position of Senior Bay Constable for the Police Department, effective April 30, 2018.  Vote Record - Resolution RES-2018-325 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  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  2018-326 CATEGORY: Employment - Town DEPARTMENT: Accounting Acknowledges the Intent to Retire David M. Okula WHEREAS, the Town of Southold has received notification via U.S. Mail on April 3, 2018 from the NYS Retirement System concerning the retirement of David M. Okula effective April 30, 2018 now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of David M. Okula from the position of Police Officer for the Police Department, effective April 30, 2018.  Vote Record - Resolution RES-2018-326 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr     Defeated  William P. Ruland     Tabled  Southold Town Meeting Agenda - April 10, 2018 Page 10 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  2018-327 CATEGORY: Landfill Misc. DEPARTMENT: Solid Waste Management District Shrink Wrap Tip Fee WHEREAS revenue on the sale of recycled industrial shrink wrap has risen to $0.015/lb (from $0.00/lb), the Town Board of The Town of Southold hereby authorizes the Solid Waste Management District to lower the tip fee on shrink wrap delivered to the Cutchogue Transfer to $0.02/lb (from $0.04/lb) as this fee, in combination with the revenue, will cover the cost of handling the material, including delivering such material to recycling market; and be it further RESOLVED that this fee change shall be made retroactive to March 30, 2018.  Vote Record - Resolution RES-2018-327 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  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  2018-328 CATEGORY: Authorize to Bid DEPARTMENT: Solid Waste Management District Materials Hauling Bids Southold Town Meeting Agenda - April 10, 2018 Page 11 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the procurement of hauling services by the Solid Waste Management District for the shipping of construction and demolition debris (C&D) and for single stream recyclables received at the Cutchogue Solid Waste Transfer Station. .  Vote Record - Resolution RES-2018-328  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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  2018-329 CATEGORY: Legal DEPARTMENT: Fishers Island Ferry District Z & S Contracting Claim 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 April 2, 2018 in regard to the Z & S Contracting claim.  Vote Record - Resolution RES-2018-329 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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 - April 10, 2018 Page 12 2018-330 CATEGORY: Bond DEPARTMENT: Town Clerk Release Maintenance Bond - Carter Melence RESOLVED that the Town Board of the Town of Southold hereby releases the Maintenance Bond supplied by Carter-Melence, Inc and International Fidelity Insurance Company, Bond No. NRIFSU0654688 in the amount of $227,800.00, as recommended by the Town Engineer, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-330  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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  2018-331 CATEGORY: Performance Bond DEPARTMENT: Town Clerk Release Performance & Payment Bonds & Accept Maintenance Bond - ICE Electric, Inc RESOLVED that the Town Board of the Town of Southold hereby releases the Performance and Payment Bonds supplied by ICE Electric, Inc. and The Ohio Casualty Insurance Company, Bond No. 015049490, each in the amount of $187,000.00, as recommended by the Town Engineer, subject to the approval of the Town Attorney, and be it further RESOLVED that the Town Board of the Town of Southold hereby accepts the Maintenance Bond supplied by ICE Electric, Inc. and The Ohio Casualty Insurance Company, Bond No. 015049490 in the amount of $193,898.00, as recommended by the Town Engineer, subject to the approval of the Town Attorney  Vote Record - Resolution RES-2018-331 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr     Defeated  Southold Town Meeting Agenda - April 10, 2018 Page 13 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  2018-332 CATEGORY: Refund DEPARTMENT: Town Clerk Refund - Kane RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $30.00 to Carol Kane, 3100 Sound Drive, Greenport, NY for the purchase of a disposal permit purchased in error.  Vote Record - Resolution RES-2018-332 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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  2018-333 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Robert Lavin & Carlton G. Wilcox Freight Agents RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted April 2, 2018 that appoints Robert Lavin Southold Town Meeting Agenda - April 10, 2018 Page 14 and Carlton Wilcox to the position of Freight Agent (FIFD) effective April 1, 2018, salaries to remain the same.  Vote Record - Resolution RES-2018-333 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  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 2018-334 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Hannah Peabody Cashier RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted April 2, 2018 that appoints Hannah Peabody to the position of Clerk effective April 1, 2018, salary to remain the same.  Vote Record - Resolution RES-2018-334 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  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  2018-335 CATEGORY: Budget Modification Southold Town Meeting Agenda - April 10, 2018 Page 15 DEPARTMENT: Accounting 2018 Budget Modification- Community Development Financial Impact: Establish budget for 2018 CDBG projects RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Community Development Fund budget as follows: Increase: CD.2701.00 Prior Year Refunds (Program Income) $1,512 CD.2743.44 Community Development, Year 44 (J) 50,578 Total $52,090 Increase: CD.8660.J.044.008 CAST $5,000 CD.8660.J.044.010 Maureen’s Haven $5,000 CD.8660.J.044.015 ADA Access- Rec Center $42,090 Total $52,090  Vote Record - Resolution RES-2018-335 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  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 2018-336 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification- Capital Financial Impact: Establish budget for 2018 capital projects WHEREAS the Town Board of the Town of Southold authorized a capital project for a solar array at the Town Animal Shelter, and Southold Town Meeting Agenda - April 10, 2018 Page 16 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 that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Projects and amends the Capital Budget as follows: Capital Project Name: Animal Shelter Solar Array Financing Method: Bond Funding, NYSERDA Grant and a Private Donation Budget: Revenues: H.5710.24 Serial Bonds, Animal Shelter $370,000 H.2705.60 Gifts and Donations, Capital 160,000 H.3089.65 State Aid, NYSERDA Grant 100,000 Total $630,000 Appropriations: H.3510.2.100.200 Animal Shelter Solar Array $630,000 Total $630,000  Vote Record - Resolution RES-2018-336 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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  2018-337 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification- Capital Financial Impact: Establish budget for 2018 capital projects WHEREAS the Town Board of the Town of Southold has been awarded a grant from Suffolk County for Downtown Revitalization that will be used for a capital project for the Pike Street Parking Lot Drainage Basin, and Southold Town Meeting Agenda - April 10, 2018 Page 17 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 that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Projects and amends the Capital Budget as follows: Capital Project Name: Pike Street Parking Lot Financing Method: Suffolk County Grant Budget: Revenues: H.2389.40 Suffolk County-Pike Street $60,180 Total $60,180 Appropriations: H.8540.2.100.275 Pike St Lot Drainage Basin $60,180 Total $60,180  Vote Record - Resolution RES-2018-337 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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  2018-338 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Satisfaction of Mortgage - Kart RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute three (3) Satisfactions of Mortgages to William J. Kart and Joan P. Kart for the property known as 611 Bailey Avenue, Greenport, New York (SCTM No. 1000-034.00-02.00-007.000), subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-338  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended Southold Town Meeting Agenda - April 10, 2018 Page 18 Defeated  James Dinizio Jr     Tabled  William P. Ruland      Withdrawn Jill Doherty      Supervisor's Appt  Tax Receiver's Appt Robert Ghosio     Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2018-339 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification- IT Financial Impact: To establish budget for reimbursement for ruined copier (Town Hall flood) RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: Increase: A.2680.00 Insurance Recoveries $9,008 Total $9,008 Increase: A.1680.4.400.360 Copy Machines- Leases $9,008 Total $9,008  Vote Record - Resolution RES-2018-339  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent  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 - April 10, 2018 Page 19 2018-340 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Wage Rate Increases RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted April 2, 2018 that reads as follows: Whereas there are wage ranges in the various Advancement Ladders, Management recommends that the following employees’ wage rates be changed with effect April 12, 2018 Chriss Bridgman $12.50 Karina Curbelo $12.50 David Denison $12.50 Michael Fiora $29.00 Vince Harring $12.50 Sean Healy $12.50 Steven Kamm $12.50 Chase Lettrich $12.50 Dawson Millbauer $12.50 Anthony Mirabelli $29.00 Ryan Miner $12.50 Richard Waters $12.50 Nathan White $12.50  Vote Record - Resolution RES-2018-340 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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 - April 10, 2018 Page 20 2018-341 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney MOA Cornell Cooperative RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute the 2018-2019 Memorandum of Agreement between the Town of Southold Shellfish Advisory Committee and Cornell Cooperative Extension of Suffolk County, in connection with DNA, Bacterial Source Tracking, testing of samples, at a cost not to exceed $24,000.00 for 30 samples for 2018-2019, pursuant to the Town’s MS4 and Shellfish Lands Sanitation Efforts, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-341  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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  2018-342 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Police Department-Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Police Officer William Brewer to attend a seminar on Crime and Social Media at the Suffolk County Police Academy. All expenses for registration, travel to be a legal charge to the 2018 budget line A.3157.4.600.200(JAB-Training).  Vote Record - Resolution RES-2018-342 Yes/Aye No/Nay Abstain Absent Adopted  Adopted as Amended  James Dinizio Jr     Defeated  William P. Ruland      Tabled Jill Doherty      Withdrawn Supervisor's Appt  Robert Ghosio     Southold Town Meeting Agenda - April 10, 2018 Page 21 Tax Receiver's Appt  Louisa P. Evans     Rescinded  Scott A. Russell      Town Clerk's Appt  Supt Hgwys Appt  No Action Lost  2018-343 CATEGORY: Employment - Town DEPARTMENT: Accounting Retirement Resolution for Elected Officials WHEREAS, the State of New York has set additional reporting requirements in Section 315.4 of the New York Codes, Rules and Regulations which requires all elected and appointed officials whose terms start on or after August 12, 2009, who are members of the New York State and Local Retirement System and who do not participate in their employer’s time keeping system to prepare a log of their work-related activities for three consecutive months and submit their logs to the clerk or secretary of the governing body within 150 days of the start of their term; NOW THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees’ Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Term Begins/ Participates in Days/Month(based on Work Ends Employer’s Record of Activities) Day Time Keeping (Hrs/day) System Superintendent of Vincent Orlando 8 1/1/18-12/31/21 N 24.96 Highways BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting requirements of the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED, that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. I, Elizabeth A. Neville, Town Clerk of the governing board of the Town of Southold of the State of New York, do hereby certify that I have compared the foregoing with the original resolution passed by such th board, at a legally convened meeting held on the 10 April of 2018 on file as part of the minutes of such meeting, and that the same is a true copy thereof and the whole of such original. Southold Town Meeting Agenda - April 10, 2018 Page 22 I further certify that the full board, consists of six (6) members, and the six (6) of such members were present at such meeting and the six (6) of such members vote in favor of the above resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Southold, on this th 10 April of 2018 S E A L ____________________________________ Elizabeth A. Neville Town Clerk Town of Southold  Vote Record - Resolution RES-2018-343 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  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 2018-344 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Kinsley Power Systems - FI Pump Station Generator RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Service Agreement between the Town of Southold and Kinsley Power Systems, at a cost not to exceed $2,795.00 per year, in connection with the generator at the Fishers Island Pump Station, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-344 Yes/Aye No/Nay Abstain Absent 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 - April 10, 2018 Page 23 No Action  Lost  2018-345 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney L K McLean - FI Sewer District RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Service Agreement between the Town of Southold and L.K. McLean Associates, P.C., at a cost not to exceed $2,700.00 per year, in connection with Fishers Island Sewer District, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-345  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent 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  2018-346 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Control Systems of Connecticut - FI Sewer District RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Service Agreement between the Town of Southold and Control Systems of Connecticut Inc., at a cost not to exceed $2,040.00 per year, in connection with Fishers Island Sewer District, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-346 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr      Defeated Southold Town Meeting Agenda - April 10, 2018 Page 24 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  2018-347 CATEGORY: Authorize to Bid DEPARTMENT: Public Works FI Resurface Tennis & Basketball Courts RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the resurfacing & repair of Fishers Island basketball and tennis courts. .  Vote Record - Resolution RES-2018-347 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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  2018-348 CATEGORY: Special Events DEPARTMENT: Town Clerk Ride for a Cause Financial Impact: Cost Analysis: $305.84 Southold Town Meeting Agenda - April 10, 2018 Page 25 RESOLVED that the Town Board of the Town of Southold hereby grants permission to LI Antique Power Association to hold a Tractor Ride on April 29, 2018, raindate May 6, 2018 provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. All Town fees for this event, with the exception of the Clean-up Deposit, are waived.  Vote Record - Resolution RES-2018-348 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  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 2018-349 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Nicole Stallbaumer PT Clerk Typist RESOLVED that the Town Board of the Town of Southold hereby appoints Nicole Stallbaumer to the position of part-time Clerk Typist for the Police Department, effective April 25, 2018, at a rate of $14.66 per hour, pending background search completion.  Vote Record - Resolution RES-2018-349  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent  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 - April 10, 2018 Page 26 2018-322 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Orient Fire Department to Hold Its Annual Memorial Day Parade Financial Impact: Police Department Cost for the Event = $153.53 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Orient Fire Department to use the following route for its Annual Memorial Day Parade in Orient on Monday, May 28, 2018 beginning at 7:15 AM: begin at the Firehouse and take Tabor Road to Orchard Street to Navy Street to Village Lane to Main Road and back to the Firehouse, provided they follow all the conditions in the Town’s Policy for Special Events on Town Properties.  Vote Record - Resolution RES-2018-322 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  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 2018-350 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Water Conservation Committee Appointment RESOLVED that the Town Board of the Town of Southold hereby appoints Chris Wedge to the position of Member of the Water Conservation Committee effective April 1, 2018 to fill a vacancy left by S. Croce resignation to expire on March 31, 2021.  Vote Record - Resolution RES-2018-350  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended James Dinizio Jr      Defeated Tabled William P. Ruland      Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio     Tax Receiver's Appt  Southold Town Meeting Agenda - April 10, 2018 Page 27 Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell      Supt Hgwys Appt  No Action  Lost 2018-351 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Police Advisory Committee Appointment RESOLVED that the Town Board of the Town of Southold hereby appoints James Abbott to the position of Member of the Police Advisory Committee effective April 1, 2018 for a three (3) year term of office to expire on March 31, 2021.  Vote Record - Resolution RES-2018-351  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent  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  2018-352 CATEGORY: Road Dedications DEPARTMENT: Town Attorney Various Road Dedications WHEREAS, The Superintendent of Highways for the Town of Southold has made application to the Town Board of the Town of Southold to dedicate a collective amounts of certain roads in Southold, New York, known as follows: In the Hamlet of Cutchogue: BALDWIN PLACE SCHOOL HOUSE ROAD SPUR ROAD Southold Town Meeting Agenda - April 10, 2018 Page 28 In the Hamlet of Fishers Island: GREENWOOD ROAD In the Hamlet of Greenport MAIN STREET MIDDLETON ROAD LANDING LANE In the Hamlet of Mattituck CENTRAL DRIVE CONKLIN ROAD KNOLLWOOD LANE SUMMIT DRIVE In the Hamlet of Orient PARKVIEW LANE In the Hamlet of Southold AKERLY POND LANE LANDING PATH SOUNDVIEW AVENUE EXT. WATERSEDGE WAY ROAD H as shown on the certain maps provided, together with the release executed by the owner thereof; and WHEREAS, the Southold Town Superintendent of Highways and Town Engineer has inspected the said highways and has advised the Town Board that said proposed highways comply in all respects with the specifications for the dedication of highways in the Town of Southold; now, therefore, be it RESOLVED, that in accordance with Section 171 of the Highway Law of the State of New York, consent be, and the same hereby is, given to the Superintendent of Highways to make an order laying out the aforesaid highways, to consist of lands described in said application as shown on certain maps attached to said application; and be it FURTHER RESOLVED, that the Town Clerk be, and she hereby is, authorized and directed to forthwith cause the dedication, release, and deed to be recorded in the Office of the Clerk of the County of Suffolk, New York.  Vote Record - Resolution RES-2018-352 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Defeated  James Dinizio Jr     Tabled  William P. Ruland     Withdrawn  Jill Doherty      Supervisor's Appt  Tax Receiver's Appt Robert Ghosio     Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Lost  Southold Town Meeting Agenda - April 10, 2018 Page 29 2018-353 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification-Capital Financial Impact: Establish budget for Town Hall Annex Purchase WHEREAS the Town Board of the Town of Southold adopted a bond resolution for the purchase and renovation of the Town Hall Annex, 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 that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Projects and amends the Capital Budget as follows: Capital Project Name: Town Hall Annex Acquisition Financing Method: Serial Bonds Budget: Revenues: H.5710.27 Serial Bonds, Town Hall Annex $3,200,000 Total $3,200,000 Appropriations: H.1620.2.400.400 Town Hall Annex Acquisition $3,200,000 Total $3,200,000  Vote Record - Resolution RES-2018-353  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent  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 - April 10, 2018 Page 30 2018-354 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 Sterling Communications Inc 5/9/17 $250.00 39 Sound Road Greenport, NY 11944 North Fork Animal Welfare League 6/2/17 $250.00 Peconic Lane Peconic, NY 11958 Southold Yacht Club 6/2/17 $250.00 PO Box 546 Southold, NY 11971  Vote Record - Resolution RES-2018-354 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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 - April 10, 2018 Page 31 2018-355 CATEGORY: Recommendations DEPARTMENT: Town Clerk Waive the 30 Day Notification of the Application for a Liquor License RESOLVED the Town Board of the Town of Southold hereby waives the 30 Day notification for the application of a new liquor license for Matchbook Distilling Company, LLC, 305 North Road, Greenport, New York.  Vote Record - Resolution RES-2018-355 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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 2018-356 CATEGORY: Recommendations DEPARTMENT: Town Clerk Waive the 30 Day Notification of the Application for a Liquor License RESOLVED the Town Board of the Town of Southold hereby waives the 30 Day notification for the application of a new liquor license for Waypoint Restaurant, LLC, 400 Old Main Road, Southold, New York.  Vote Record - Resolution RES-2018-356 Adopted  Yes/Aye No/Nay Abstain Absent  Adopted as Amended  Defeated James Dinizio Jr      Tabled William P. Ruland     Withdrawn  Jill Doherty     Supervisor's Appt  Tax Receiver's Appt  Robert Ghosio     Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell      Supt Hgwys Appt  No Action  Lost Southold Town Meeting Agenda - April 10, 2018 Page 32 2018-357 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2018 Budget Modification - Highway Financial Impact: for purchase of vehicle RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Highway Fund Part Town budget as follows: From: DB.5142.1.100.200 Full time Snow overtime Earnings 15,000.00 DB.5110.4.400.300 Drainage Replacement 6,000.00 TOTAL $ 21,000.00 To: DB.5110.1.100.200 Full time Overtime Earnings 15,000.00 DB.5110.4.100.960 Drain Pipe/Rings/covers 5,000.00 DB.5130.4.100.550 Tires 1,000.00 TOTAL $ 21,000.00  Vote Record - Resolution RES-2018-357 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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  2018-358 CATEGORY: Public Service DEPARTMENT: Town Attorney Southold Town Meeting Agenda - April 10, 2018 Page 33 Waive Zoning Board of Appeals Fee/Southold Fire District RESOLVED, that the Town Board of the Town of Southold hereby waives the fee for the Southold Fire District’s application to the Zoning Board Appeals for a side yard setback variance in connection with the construction of a storage building at 55135 Main Street, Southold (ZBA File No. 7179).  Vote Record - Resolution RES-2018-358 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent 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  2018-359 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Ph 5/22 4:31 Pm - Chapter 280 - Commercial Solar Energy Systems WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 10 day of April, 2018, a Local Law entitled “A Local Law in relation to Amendments to Chapter 280 as it pertains to the siting of commercial solar energy systems” 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 nd 22 day of May at 4:31 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, “A Local Law in relation to Amendments to Chapter 280 as it pertains to siting of commercial solar energy systems” reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, “A Local Law in relation to Amendments to Chapter 280 as it pertains to siting of commercial solar energy systems” Southold Town Meeting Agenda - April 10, 2018 Page 34 BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold recognizes the importance of renewable energy facilities. However, it is equally important to protect our natural resources by providing standards for solar energy production facilities on those lands that have been previously cleared and/or disturbed. It is altogether reasonable that the Town Board makes adequate provisions for these facilities, and it is imperative that such facilities do not adversely affect surrounding and nearby properties. It is therefore the intent of this section to provide adequate safeguards for the location, siting and operation of solar energy production facilities and solar collection systems. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: Article XIV Light Industrial Park/Planned Office Park (LIO) District \[Added 1-10-1989 by L.L. No. 1-1989\] § 280-57 Purpose. The purpose of the Light Industrial Park/Planned Office Park (LIO) District is to provide opportunity for the location of business and professional offices, research facilities, industrial uses and similar activities in an open, campus-like setting in areas which are not appropriate for commercial activity or low-density residential development. In this area, such uses can be established in an attractive environment and serve both as a means of preserving the open qualities of an area and providing an area adjacent to hamlet areas where such uses can be appropriately developed with suitable protection for ground- and surface waters. All uses must conform to Suffolk County Health Department standards. § 280-58 Use regulations. In the LIO 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: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: \[Amended 5-9-1989 by L.L. No. 6-1989; 11-29-1994 by L.L. No. 26-1994; 4-28-1997 by L.L. No. 6-1997\] 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, except Subsection B(10), 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: \[Amended 5-23-1989 by L.L. No. 7-1989; 4-28-1997 by L.L. No. 6-1997; 11-12- 1997 by L.L. No. 26-1997; 2-12-2013 by L.L. No. 2-2013; 6-17-2014 by L.L. No. 7-2014\] (10) Commercial solar energy production system, subject to the following criteria: Southold Town Meeting Agenda - April 10, 2018 Page 35 (a) The commercial solar energy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1, 2018. No additional clearing shall be permitted, except that the removal of shrubs, underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing. (cb) All ground-mounted panels shall not exceed the height of eight feet. (dc) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. (ed) Notwithstanding any requirement in § 280-63 of this chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (fe) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings, as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads. A vegetated perimeter buffer shall be installed to provide year-round screening of the system from adjacent properties. (gf) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (hi) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. (ij) All on-site utility and transmission lines shall be, to the extent feasible, placed underground. (ji) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (kj) The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties. (lk) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (ml) Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (nm) Decommissioning/removal: \[1\] Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting Southold Town Meeting Agenda - April 10, 2018 Page 36 structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. \[2\] This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law § 64, Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in this chapter. Article XV Light Industrial (LI) District \[Added 1-10-1989 by L.L. No. 1-1989\] § 280-61 Purpose. The purpose of the Light Industrial (LI) District is to provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial Park/Planned Office Park District. § 280-62 Use regulations. 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: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and (2) hereof, are subject to site plan approval by the Planning Board: \[Amended 5-9-1989 by L.L. No. 6-1989; 11-29-1994 by L.L. No. 26-1994; 4-28- Southold Town Meeting Agenda - April 10, 2018 Page 37 1997 by L.L. No. 6-1997\] 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, except Subsection B(10), 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: \[Amended 4-28-1997 by L.L. No. 6-1997; 2-12-2013 by L.L. No. 2-2013; 6-17- 2014 by L.L. No. 7-2014\] (10) Commercial solar energy production system, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1, 2018. No additional clearing shall be permitted, except that the removal of shrubs, underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing. (cb) All ground-mounted panels shall not exceed the height of eight feet. (dc) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. (ed) Notwithstanding any requirement in § 280-63 of this chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (fe) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings, as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads. A vegetated perimeter buffer shall be installed to provide year-round screening of the system from adjacent properties. (gf) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (hi) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. (ij) All on-site utility and transmission lines shall be, to the extent feasible, placed underground. (ji) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (kj) The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties. (lk) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (ml) Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (nm) Decommissioning/removal: \[1\] Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the Southold Town Meeting Agenda - April 10, 2018 Page 38 commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. \[2\] This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law § 64, Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in this chapter. Article XXXII Plum Island Conservation District (PIC) \[Added 8-27-2013 by L.L. No. 6-2013\] § 280-186 Purpose. The purpose of the Plum Island Conservation District is to preserve the integrity of the regionally significant natural, scenic and historic resources of Plum Island for the benefit of the residents of the Town of Southold. § 280-187 Use regulations. In the Plum Island Conservation 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: Southold Town Meeting Agenda - April 10, 2018 Page 39 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: (1) Solar energy generation in excess of that needed to provide power to permitted uses. Commercial solar energy production system, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1, 2018. No additional clearing shall be permitted, except that the removal of shrubs, underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing. (cb) All ground-mounted panels shall not exceed the height of eight feet. (dc) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot- high fence with a self-locking gate. (ed) Notwithstanding any requirement in § 280-63 of this chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (fe) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings, as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads. A vegetated perimeter buffer shall be installed to provide year-round screening of the system from adjacent properties. (gf) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (hi) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. (ij) All on-site utility and transmission lines shall be, to the extent feasible, placed underground. (ji) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (kj) The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties. (lk) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (ml) Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (nm) Decommissioning/removal: \[1\] Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this Southold Town Meeting Agenda - April 10, 2018 Page 40 section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. \[2\] This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law § 64, Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in this chapter. Article XXXI Plum Island Research District (PIR) \[Added 8-27-2013 by L.L. No. 6-2013\] § 280-182 Purpose. The purpose of the Plum Island Research District is to encourage the use of land for research and educational opportunities, provide quality employment opportunities and to preserve Plum Island's regionally significant natural, historic, scenic and cultural resources. § 280-183 Use regulations. In the PIR 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 provided and subject to site plan approval by the Planning Board: (1) Solar energy generation in excess of that needed to provide power to permitted Southold Town Meeting Agenda - April 10, 2018 Page 41 uses.Commercial solar energy production system, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1, 2018. No additional clearing shall be permitted, except that the removal of shrubs, underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing. (cb) All ground-mounted panels shall not exceed the height of eight feet. (dc) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. (ed) Notwithstanding any requirement in § 280-63 of this chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (fe) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings, as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads. A vegetated perimeter buffer shall be installed to provide year-round screening of the system from adjacent properties. (gf) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (hi) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. (ij) All on-site utility and transmission lines shall be, to the extent feasible, placed underground. (ji) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (kj) The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties. (lk) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (ml) Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (nm) Decommissioning/removal: \[1\] Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspector may give the owner notice that unless the removal is Southold Town Meeting Agenda - April 10, 2018 Page 42 accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. \[2\] This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law § 64, Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in this chapter. 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-2018-359 Yes/Aye No/Nay Abstain Absent 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 - April 10, 2018 Page 43 No Action  Lost  2018-360 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL - Chapter 280-13 Accessory Apartments RESOLVED that there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 14 day of March, 2018, a Local Law entitled “A Local Law in relation to Amendments to Chapter 280-13 Accessory Apartments in Accessory Structures” and be it further RESOLVED that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, “A Local Law in relation to Amendments to Chapter 280-13 Accessory Apartments in Accessory Structures” reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, “A Local Law in relation to Amendments to2 Chapter 280-13 Accessory Apartments in Accessory Structures” BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To provide more Affordable Housing opportunities within the Town of Southold. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-13 Use regulations. \[Amended 3-14-1989 by L.L. No. 3-1989\] 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 provided, and, except for the uses set forth in Subsections B(1), (13) and (14) hereof, are subject to site plan Southold Town Meeting Agenda - April 10, 2018 Page 44 approval by the Planning Board: \[Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by L.L. No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L. No. 26-1994; 12- 27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L. No. 20- 1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by L.L. No. 18-2005; 6-15-2010 by L.L. No. 2-2010\] (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (a) The accessory apartment shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (b) A minimum of three off-street parking spaces shall be provided on premises. (c) Not more than one accessory apartment shall be permitted on a lot. (d) The accessory apartment shall meet the requirements of an apartment as defined in § 280-4 hereof. (e) The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. (f) The accessory structure which is converted, in whole or in part, to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued prior to January 1, 2008. \[Amended 5-24-2011 by L.L. No. 6-2011\] (f) The existing accessory structure shall comply with all other requirements of this chapter. (g) Approval of the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (h) No bed-and-breakfast facilities, as authorized by § 280-13B(14) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. (i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with § 280-13D and the following requirements: \[1\] The owner of the premises shall occupy either the existing single-family dwelling unit or the accessory apartment in the detached accessory structure as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: \[a\] A family member; or \[b\] To a resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement. \[2\] Rents charged to a resident on the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to § 280-30(F) of this Code. \[3\] No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Southold Town Meeting Agenda - April 10, 2018 Page 45 Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. \[4\] An accessory apartment shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the dwelling unit. (j) The Chief Building Inspector, Zoning Inspector, and Town personnel who are engaged in the enforcement of the provisions of this chapter are authorized to make or cause to be made inspections to determine compliance with this chapter and are authorized to enter upon any property for the purpose of said inspections. (k) No special Exception shall be granted unless the Zoning Board of Appeals, in addition to the considerations, determinations and findings required in §§ 280-142 and 280-143, specifically finds and determines the following: \[1\] That the granting the Special Exception will not adversely impact the privacy and use and enjoyment of any adjoining parcel. \[2\] That the granting of the Special Exception will not adversely impact the character of the neighborhood in which it is located. \[3\] That the cumulative effect of approving the present application along with previously approved applications will not have a cumulative adverse impact on the surrounding neighborhood. \[4\] That the cumulative effect of approving the present application along with previously approved applications will not have a cumulative adverse impact on the school district in which the property is located. \[5\] That sufficient off-street parking exists on the subject property to accommodate the proposed accessory apartment. \[6\] Whether adequate buffer yards and screening can and will be provided to protect adjacent properties possible detrimental impacts of the proposed use. § 280-15 Accessory buildings and structures. \[Amended 4-10-1990 by L.L. No. 6-1990; 7-17-1990 by L.L. No. 14-1990; 2-5-1991 by L.L. No. 2-1991; 12-22-1992 by L.L. No. 33-1992; 1-16-2007 by L.L. No. 2-2007; 4-22-2008 by L.L. No. 3-2008\] In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Buildings with a flat or mansard roof shall not exceed 16 feet in height and shall be set back at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subject to the following height and setback limitations: Southold Town Meeting Agenda - April 10, 2018 Page 46 Lot Size (square feet) Maximum Height (feet) Minimum Setback for Side and/or Rear Yard (feet) Less than 10,000 18 3 Less than 10,000 20 5 Less than 10,000 22 10 10,000 - 19,999 18 5 10,000 - 19,999 20 15 10,000 - 19,999 22 20 20,000 - 39,999 18 10 20,000 - 39,999 20 15 20,000- 39,999 22 20 40,000 - 59,999 22 15 60,000 -79,999 22 20 80,000 and over 22 25 C. Such buildings shall not exceed 660 1,000 square feet on lots containing up to 20,000 square feet and shall not exceed 750 1,200 square feet on lots 20,000 square feet to 60,000 square feet. On lots over 60,000 square feet, no accessory building shall exceed 3% of the total size of the parcel. D. Dormers are permitted on accessory buildings up to 40 80% of the roof width. This restriction shall not apply to buildings receiving a certificate of appropriateness from the Town of Southold Historic Preservation Commission pursuant to Chapter 170 of the Town Code. E. Any accessory structure that is not a building shall not exceed 18 feet in height and shall be set back at the minimum required in Subsection B above. F. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard principal setback requirements as set forth by this Code, and the side yard setback requirements for accessory buildings in Subsection B above. 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-2018-360 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr     Defeated   Tabled William P. Ruland      Withdrawn Jill Doherty     Supervisor's Appt  Southold Town Meeting Agenda - April 10, 2018 Page 47 Tax Receiver's Appt  Robert Ghosio     Rescinded  Louisa P. Evans      Town Clerk's Appt Scott A. Russell      Supt Hgwys Appt  No Action Lost  VI. PUBLIC HEARINGS 1. Set PH 4/10/18 7:31 Pm - Chapter 280-13