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HomeMy WebLinkAboutTB-11/10/1992189 SOUTHOLD TOWN BOARD NOVEMBER 10, 1992 WORK SESSION Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman George L. Penny IV, Councilman Thomas H. Wickham, Councilman Joseph J. Lizewski, Councilwoman Alice J. Hussie, Town Attorney Harvey A. Arnoff, Assistant Town Attorney Matthew G. Kiernan, Town Clerk Judith T. Terry 9:45 A.M. - For Discussion Items: (1) Proposed increase of the Zoning Code from $25.00 to $50.00, and offer to purchases for updates at an annual fee (see resolution no. 42). (2) Appointment of John J. Hagerty Ell to the Conservation Advisory Council (see resolution no. 43). (3) Proposal from Fogarty Electric & Refrigeration to repair piping in the Town Hall. This proposal is the lowest of three received (see resolution no. 44). (4) Proposed changes to the Southold Town Rehabilitation Guidelines (see resolution no. 45). (5) Proposed increase of per gallon disposal fee at the Scavenger Waste Pretreatment Facility was held for discussion on November 24th. (6) Recommendation from Stype Insurance Agency for an increase of the town's fidelity bond coverage for the Supervisor, Deputy Supervisor, Receiver of Taxes and Town Clerk for an additional premium of $201. Town Board approved. (7) Receipt of letters from Henry E. Raynor and James T. Young volunteering for Suffolk County's Fast Track Advisory Panel. Supervisor will submit Mr. Raynor's name to the County for consideration, and Councilwoman Hussie will interview Mr. Young and the Board will make a decision at their next meeting. (8) Discussion relative to attendance at Association of Towns in February, 1993. Supervisor Harris endorsed attendance by elected officials and one member from each department, and engaging a bus for transportation. (9) Proposed "Local Law in Relation to Affordable Housing" was discussed, revisions made, and placed on the agenda (see resolution no. 46). (10) Proposed "Local Law in Relation to Accessory Buildings" was discussed. This proposed law, which had been before the Town Board at a prior meeting~ has been revised and will again be circulated to Town and County Planning Departments (see resolution no. 47). (11) Proposed "Local Law in Relation to Hotel-Motel Parking Permits" was approved for a public hearing. It was placed on the agenda (resolution no. 2) in place of the proposed Accessory Buildings public hearing. (12) Councilwoman Hussie asked that the matter of establishing policy regarding the length of time animals are kept in the shelter be placed on hold. (13) Councilman Lizewski reported on a meeting with the Suffolk County Water Authority regarding the Trustees' claim on water i'n Riverhead Town - it has been determined that Riverhead has a legal claim to their own water. On the question of the results of the water authority's Peconic Bay Boulevard study, Councilman Lizewski will ask for a copy of their comprehensive study. EXECUTIVE SESSION 11:40 A.M. - On motion of Councilman Wickham, seconded by Councilman Lizewski, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilman Wickham, Councilman Lizewski, Councilwoman Hussie. Also present: Town Attorney Arnoff. Assistant Town Attorney Kiernan, Town Clerk TePry.---The Board met with EdWard Reale, Attorney for the Fishers Island Garbage and Refuse District, to discuss the proposed intermunicipal agreement with the Town. After several revisions, an agreement was reached on the wording of the agreement and a .resolution (no. 48) was placed on the agenda.---The Board then discussed litigation, possible purchase of property, and personnel. 1:15 P.M. - Recess for lunch. 2:45 P.M. - Town Board Work Session reconvened and the Board reviewed resolutions to be voted on at the 7:30 P.M. Regular Meeting. i 3:15 P.M. - Work Session adjourned. 190 REGULAR MEETING A Regular Meetinc~ of the Southold Town Board was held on November 10, 1992, at the Southold Town Hall, Main Road, Southold, New York. Deputy Supervisor Penny opened the meeting at 7:30 P.M., with the Pledge of Alleg ance to the Flag. Present: Absent: Deputy Supervisor George L. Penny IV Justice Raymond W. Edwards Councilman Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff Supervisor Scott L. Harris DEPUTY SUPERVISOR PENNY: I'd like to welcome you all here this evening. I'm George Penny Deputy Supervisor. I'm actin9 for Supervisor Scott Harris in runnin9 this meeting tonight. Scott is doing his duty in Orient, at the Orient Fire Department. The Fire Department has an attendence requirement, that overshadows public meetings at some time, because he doesn't want to endanger his twenty-five tenure in the Fire Department by missing too many meetings, so he asked if he could be excused this evening, and we let everybody know he's still doing public service. At this time, I'd like a motion to approve the audit of bills of November 10, 1992. Moved by Councilwoman Hussie, seconded by Justice Edwards, it was RESOLVED that the following audited bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $50,462.13; General Fund Part Town bills in the $17,890.59; SNAP Program bills in the amount of $5,854.78; Highway Fund Whole Town bills in the amount of $20,882.55; Highway Fund Part Town bills in the amount of $108,145.35; Ag Land Development Rights bills in the amount of $113,543.00; Human Resources Center bills in the amount of $230.79; Scavenger Waste Facility bills in the amount of $39,140.24; Employee Health Benefit Plan bills in the amount of $60,784.02; Fishers Island Ferry District bills in the amount of $186,769.60; Fishers Island Sewer District bills in the amount of $487.00; Southold Agency & Trust bills in the amount of $7,440.10; Fishers Island Ferry District Agency & Trust bills in the amount of $1,368.34. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Ed'~ards. This resolution was declared 'duly ADOPTED. DEPUTY SUPERVISOR PENNY: I'd like an approval of minutes of October 20, 1992, Town Board meeting. Moved by Councilwoman Hussie, seconded by Justice Edwards, it was RESOLVED that the minutes of the October 20, 1992, regular Town Board meeting be and hereby approved. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. DEPUTY SUPERVISOR PENNY: Can we have a resolution approving the minutes of October 26, Special Town Board meeting. Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the minutes of the October 26, 1992, Special Town Board meeting be and hereby approved. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, ~' Councilman Wickham, Councilman Penny, Justice Edwards-. This resolution was declared duly ADOPTED. DEPUTY SUPERVISOR PENNY: I need a resolution setting the next Town Board meeting at November 24, 1992, at 4:00 P.M. 10. 1992 1 9 1 Moved by Justice Edwards, seconded by Councilwoman Hussie, it was RESOLVED that the next rec~ular meetinq of the Southold Town Board will be held at 4:00 P.M., Tuesday, November 24, 1~92, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. DEPUTY SUPERVISOR PENNY: I need a resolution setting November 19, 1992, at 3:00 P.M., as a Special Town meeting to adopt the final Budget. Moved by Councilwoman Hussie, seconded by Justice Edwards, it was RESOLVED that a Special Meetinq of the Southold Town Board will be held at 3:00 P.M., Thursday, November 19, 1992, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilwoman Hussier Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. DEPUTY SUPERVISOR PENNY: At this time, we have a Special Proclamation, which the Town would like to have read into the record. Moved by Councilman Penny, seconded by The Entire Town Board, WHEREAS, the Town Board of the Town of Southold wishes to pay tribute to_FRAN WOODWARD for her many years of volunteerism throughout the Town of Southold; and WHEREAS, FRAN WOODWARD has distinguished herself throughout the community for her many works to benefit others; and WHEREAS, FRAN WOODWARD has worked tirelessly for the Long Island Blood Service; brightens the days of the residents of San Simeon by the Sound; was the founding force of the Southold Historical Society; is a dedicated member of the Friends of the Southold Free Library. FRAN is the heart of the Sunshine Society, maintaining and loaning patient home care to anyone in need; she works for the Community Fund; began the first 4-H group in Southold; and in the early 1940's spotted airplanes during World War II; just to name a few of her contributions to the community; and WHEREAS, through her unselfish dedication and untiring efforts FRAN WOODWARD has eased the lives and brought happiness to thousands; and WHEREAS, FRAN WOODWARD is an outstanding public spirited individual, with a warm, sensitive personality, making her one of the most valued members of our community; now, therefore, be it RESOLVED, that the Town Boand of the Town of Southold hereby proclaims NOVEMBER 22, 1992 as FRAN WOODWARD DAY in the Town of Southold, and on behalf of the residents of Southold Town commends and applauds FRAN WOODWARD, and is privileged to be among those friends and associates who are gathered today to bring before the public the scope of activities and accomplishments of this great lady. Dated: November 22, 1992. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. TOWN CLERK TERRY:' The reason it's dated that date is, because there's going to be special Silver Tea in her honor at the American Legion, and this is why we're doing it today, so that we have it on record, that it!s Fran Woodward Day on the 22nd. I. REPORTS. 1992. 1. Southold Town Building Department Monthly Report for October, 1992. 2. Southold Town Clerk's Monthly Report for October, 1992. 3. Southold Town Dog Shelter Report for October, 1992. 4. Southold Town Lawrence Healthcare PBA Benefit Report for October, 5. Town of Southold Scavenger Waste Treatment Facility Monthly Report for October 1992. 6. Southotd Town Justice Tedeschi Monthly Report for~ October, 1992. 192 NOVEMBER 10, 1992 7. Lawrence Healthcare CSEA Benefit Report for October, 1992. 8. Office of the Engineer, Town of Southold, Monthly Report for October, 1992. 9. Southold Town Planning Office Monthly Report for October, 1992. 10. Councilmen's Reports. 11. Supervisor's Report. II. PUBLIC NOTICES. 1. Southold Town Highway Department Public Notice of Fall Leaf and Brush Clean-up Week. 2. New York State Department of Environmental Conservation, Notice of .Complete Application of proposal by Anthony M. Petrilli to construct a single family dwelling with deck, and a septic system on East End Road, Fishers Island, New York. Comments no later than November 20, 1992. 3. U.S. Corp of Army Engineers, New York District, application of Joseph Mantione to construct a fixed pier, hinged walk-ramp, and floats in Eugene Creek, Great Peconic Bay, Cutchogue, New York. 4, Elin M. Howe, Commissioner of New York State Office of Mental Retarda- tion and Developmental Disabilities, Notice of Public Hearings regarding the pro- posed closure of the Lon9 Island Developmental Center in Melville, on November 17, 1992 at the Center from 3:00 P.M. and 7:00 P.M. III. COMMUNICATIONS. None. IV. PUBLIC HEARINGS. DEPUTY SUPERVISOR PENNY: This evening we have a public hearing at 8:00 o'clock. 1. 8:00 P.M. Change of Zone, The American Armoured Foundation, Inc. V. RESOLUTIONS. DEPUTY SUPERVISOR PENNY: We'll entertain resolutions, which are on the agenda. The Town Board has a policy, regarding resolutions, that any member of the public be allowed five minutes to address the Town Board in relation to any of the agenda resolutions prior to their enactment. Do we have anybody in the audience, that would like to address any of our resolutions at this time? (No response.) Seeing none, may we start with the resolutions? 1.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the sale of 11 used Police Department vehicles. 1.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 2.-Moved by Justice Edwards, seconded by Councilman Penny, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Hotel-Motel Parkinq Permits"; now, therefore, be it RESOLVED that the Town Board hereby sets 4:30 P.M., Tuesday, November 24, 1992, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the aforesaid proposed Local Law which reads as follows, to wit: A Local Law in Relation to Hotel-Motel Parking Permits BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 65 (Parking At Beaches) of the Code of the Town of Southold is ' hereby amended to read as follows: 1. Section 65-3 C(3) (Hotel-Motel parking permits) is hereby amended to read as follows: (3) Hotel-motel parking permits shall be transferable and shall be ~ ~ a- etcar ~le~ic-case ~ des~j~ed -t~ ~e af-fi~x~ed t-eml~)~a-~it¥ t~ the-i~ter~- ~'~j-t~t-t~a,d ~i~ds-l~ietd or ~r+ght h~f~d--f-r~tt ~too~-wif~etow-. displayed on the dashboard on the passenc~er side of the vehicle. The owner or manager to whom such permits are issued shall make no charge for the use of such permits by such guests, but may require a deposit net-e)~eeed ~i~-e-~o~ta,-~ ESS=--), to ensure return of a permit. NOVEMBER 10, 1992 193 2o II. This Local Lawshall take effect upon its filing with the Secretary of State. * Overstrike represents deletions ** Underscore represents additions -Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 3.-Moved by Councilman Penny, seconded by Councilman Wickham, WHEREAS, there was presented to the Town Board of the Town of Southold on the 6th day of October, 1992, a proposed Local Law entitled, "A Local [_aw in Relation to Setback Requirements"; and WHEREAS, this proposed Local law was transmitted to the Southold Town Planning Board and Suffolk County Department of Planning for their recommendations and reports; now, therefore, be it RESOLVED that the Town Board hereby sets 4:32 P.M., Tuesday, November 24, 1992, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the aforesaid proposed Local Law which reads as follows, to wit: A Local Law in Relation to Setback Requirements BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section I00-239.4(A) (Building setback requirements adjacent to water bodies and wetland) is hereby amended to read as follows: A. Lots adjacent to Long Island Sound, Fishers Island Sound and Block Island Sound. (1) All buildings located on lots adjacent to F_on t-s-tend--Sou~ sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not less than one hundred (100) feet from the top of such bluff or bank. (2) Except as otherwise provided in Subsection A(1) hereof, all buildings located on lots adjacent to ~-~l-and-Sout~d sounds shall be set back not less than one hundred (100) feet from the ordinary high-water mark of L-onej-{-sl~-Sout~d-said sound. 11. This Local Law shall take effect upon its filing with the Secretary of State. * Underscore represents addition(s) ** Overstrike represents deletion(s) 3.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 4.-Moved by Councilman Lizewski, seconded by Justice Edwards, WHEREAS, there was presented to the Town Board of the Town of Southold on the 6th day of October, 1992., a proposed Local Law entitled, "A Local law in Relation to Signs"; and WHEREAS, this proposed Local Law was transmitted to the Southold Town Planning Board and Suffolk County Department of Planning for their recommendations and reports; now, therefore be it RESOLVED that the Town Board hereby sets 4:35 P.M., 3'uesday, November 24, 1992, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearincj on the aforesaid proposed Local Law which reads as follows, to wit: A Local Law in Relation to Signs BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-201(B)(2) (Applicability; permit required; application; " approval; fees) is hereby amended to read as follows: 2 Maintenance: Painting, cleaning and other normal maintenance and repair of a sign or a sign structure, unless a structural change is made, o~-~he~e-is--a--eh~neje-~rf-~.- I1. This Local Law shall take effect upon its filing with the Secretary of State.-. * Overstrike represents deletion. 4.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 1 9 4 NOVEMBER 10, ,992 5.-Moved by Councilman Penny, seconded by Justice Edwards, WHEREAS, there was presented to the Town Board of the Town of Southold on the 6th day of October, 1992, a proposed Local Law entitled, "A Local Law in Relation to Special Exception Uses"; and WHEREAS, this proposed Local law was transmitted to the Southold Town Planning Board and Suffolk County Department of Planning for their recommendations and reports; now, therefore, be it RESOLVED that the Town Board hereby sets 4:40 P.M., Tuesday, November 24, 1992, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the aforesaid proposed Local Law which reads as follows, to wit: A Local Law in Relation to Special Exception Uses BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-261 (Special exception uses; approval required) is hereby amended to read as follows: There is hereby created a category of land use approval to be known as "special exception uses". Said uses may not be commenced, created, undertaken, carried out or thereafter maintained or substantially expanded without a special exception approval first having been obtained therefor, which special exception approval shall hinge-I~em~-be 9ranted for the use eP~ by ~He P+~nn~ng-I~,-the Zoning Board of Appeals or ~Hm ~-~n Bom~c~,- accordin9 to the provisions for the particular special exception use set forth in this Article or elsewhere in this chapter. Any land use, including the erection, construction, reconstruction, alteration, demolition, moving, conversion or change of use of any structure, shall be a special exception use requiring a special exception approval if the text of this chapter or the use schedule hereof denotes the use as bein9 either the subject of a special exception approval or simply a special exception use. No building permit for any such special exception use shall be issued until the required special exception approva shall have been 9ranted for the same and the conditions imposed in such approval as prerequisites to a building permit, if there be any, have been met. II. This Local Law shall take effect upon its filing with the Secretary of State. * Underscore represents additions ** Overstrike represents deletions. DEPUTY SUPERVISOR PENNY: Basically what this does is there is a reference in the Local Law, that goes back to an oversight at the passage of the Master Plan. When the Master Plan first came out the drafters of the Master Plan had proposed that special exception uses might want to be, also, addressed by a Town Board, and a Town Planning Board. That was thrown out in the adoption of the Master Plan. This is the last remains, of which is non-significant, because it refers to something that doesn't exist, so this is mainly a cleaning-up of the language of the Master Plan, so that if anybody reads this chapter, they won't be confused, and think that they can come to the Town Board, or to the Town Planning Board for a Special Exception change. It's basically a housekeeping amendment. I move this resolution. 5.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 6.-Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute Partial Payment Request No. TWO, Outlay Report and Request for Reimbursement for Construction Programs, to the Federal Aviation Administration, in the amount of $204,707.68, with respect to Fishers Island - Elizabeth Field Airfield Lighting Program, all in accordance with* the recommendation of the Town Engineers for the project, Calocerinos & Spina, Engineers, P.C. JUSTICE EDWARDS: I might add that, this money, the $204,000.00, is coming_ out of FAA funds. It's not coming out of Town funds. The airport lighting on Fishers Island has been complete. Elizabeth Field, of course, is your only Town owned airport, and they are putting a lot of money into it, because the airport is very heavily used in the summer. The lighting that was put on there to enhance after-hours landings ~s superb, and I doubt if there's any small town in New England, that has the airport, that you people have on Fishers Island, and they did a tremendous job out there. Now, they're going to do an overlay. They're going to repave the complete airport, and the Town of Southold, the taxpayers, are not paying a penny for it. The only money, that the Town is paying is through the Ferry District on Fishers Island, which is minimal, and that money is picked up by the taxpayers of Fishers Island. Thank you, George. 6.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 7.-Moved by Councilwoman Hussie, seconded by Justice Edwards, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local law entitled, "A Local Law in Relation to Parking by Permit Only"' now, therefore, be it RESOLVED that the Towna Board hereby sets 4:42 P.M, Tuesday, November 24, 1992, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearinq on this proposed Local Law which reads as follows, to wit: A Local Law in Relation to Parking by Permit Only BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 65 (Parkin9 at Beaches) of the Code of the Town of Southold is hereby amended by addin9 the following: (13) Leeton Drive, Southold, both sides, for a distance of 610 feet westerly from its intersection with Kenny's Road. (14) North Sea Drive, Southold, both sides, for a distance of 820 feet westerly from its intersection with Horton's Lane. II. This Local Law shall take effect upon its filing with the Secretary of State. 7.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. DEPUTY SUPERVISOR PENNY: I'd like to say that, we're acting on this because this is areas right outside our parking areas at the beaches, and the community has noticed, the community and the local Kenny's Beach Civic Association has noticed, and this has happened at other beaches also, but the people use these areas for parking so they don't have to buy a summer Town beach permit, so we're trying to get people to utilize the beaches to support the Town through funds, and also, keep the non-parking areas clear, so that the area it looks like it was intended to. In other words, be a summer area, not turn the whole neigh- borhood into a parking lot, so people can save the small sticker fee. 8.-Moved by Councilman Penny, seconded by Councilman Lizewski, WHEREAS, there was presented' to the Town Board of the Town of Southold on the 20th day of October, 1992, a proposed Local law entitled, "A Local Law in Relation to Berms"; and WHEREAS, this proposed Local law was transmitted to the Southold Town Planning Board and Suffolk County Department of Planning for their recommendations and reports; now, therefore, be it RESOLVED that the Town Board hereby sets 4:45 P.M., Tuesday, November 24, 1992, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearin9 on the aforesaid proposed Local law which reads as follows, to wit: A Local law in Relation to Berms BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Chapter 100 (Zoning) of the Code of the Town of $outhold is hereby amended as follows: 1. Section 100-1~39.3 (Berms) is hereby deleted in its entirety. II. This Local law shall take effect upon its filing with the Secretary of State. DEPUTY SUPERVISOR PENNY: The reason for doing this, is that, once again, in 'the original Master Plan, this is another cosmetic cleanup. There was intent made at one point in time to put berms under the discretion of the Planning Board, although they're on residential property, to set up permit and applicatio~ fee for them through the Building Department, and quite honestly none of this was ever followed up. There has never been an application for this, or there's never been a fee charge, and the Planning Board, or the Building Department have never dealt with this issue. $o, we felt that if really you're qoinq to leave something hang out there like an appendix, you either put i(in, an-d ut~ilize 196 NOVEMBER,0, ,992 or you take it out completely. Quite honestly, the decision was at this point to take it out completely. Also, berms are not addressed by the Building Department as a structure, because they're made of earth, and if you look in our definition of structure in the Town Code, it does not include a berm in the first place. So, this was an idea that really never got followed up in the Master Plan, and if you're not going to support something in the Town Code it's kind of innocuous to have something just hanging out there, that nobody's ever going to use, and that was the reason. It's a cosmetic thing. 9.-Moved by Justice Edwards, seconded by Councilman Penny, WHEREAS, there was presented to the' Town Board of the Town of Southold on the 20th day of October, 1992, a proposed Local Law entitled, "A Local Law in Relation to Heicjht Requirements for Fences or Walls"; and WHEREAS, this proposed Local Law was referred to the Southold Town Planning Board and Suffolk County Department of Planning for their recommendations and reports; now, therefore, be it RESOLVED that the Town Board hereby sets 4:47 P.M., Tuesday, November 24, 1992, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the aforesaid proposed Local law which reads as follows, to wit: A Local Law in Relation to Height Requirements for Fences or Walls BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-231 (Height of fences, walls and hedges) is hereby amended to read (Height of fences, walls and berms) and shall read as follows: Fences, walls, hedges-or-o~He~-H¥~-l~t+ngs or berms w~hif~-fi~ce--{-5-)--fee~-of-t-He-proper~¥-~i~-~s may be erected and maintained, subject to the following height limitations. A. When located in the front yard ~~-~o~-H~e, of residential zones the same shall not exceed four (4) feet in height. When located in the front yard of non-residential zones, the same shall not exceed six (6) feet in height. B. When located in or along side and rear yards, the same shall not exceed six and one-half (6-1/2) feet in height. rea ~-~ ~r -~-~~ ~xc~d-e~h ~-~-~-~ n hcigh~. II. This Local Law shall take effect upon its filing with the Secretary of State. * Underline represents additions. ** Overstrike represents deletions. 9.-Vote of the Towm Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Pemny, Justice Edwards. This resolution was declared duly ADOPTED. 10.-Moved by Councilman Penny, seconded by Justice Edwards, WHEREAS, there was presented to the Town Board of the Town of Southold on the 20th day of October, 1992, a proposed Local law entitled, "A Local Law in Relation to Open St0rage"; and WHEREAS, this proposed Local law was referred to the Southold Town Planning Board and Suffolk County Department of Planning for their recommendations and reports; now, therefore, be it RESOLVED that the Twon Board hereby sets 4:50 P.M., Tuesday, November 24, 1992, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearin9 on the aforesaid Local Law which reads as follows, to wit" A Local Law in Relation to Open Storage BE IT ENACTED, by the Town Board of the Town of Southold as follows. I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-126 (Open Storage) is hereby amended to read as follows: A-.- No unenclosed storage, except parking of operable passenger vehicles capable of passing inspection or recreation vehicles or boats and commercial vehicles as set forth in Section 100-191, shall be permitted in a residential district. ~-.-- Wheat-ope n- ~o~.a ge- ~rS~-pe ~ mi t-t-e~ -~ ~ ~ ~ a F ~ NOVEMBER 10, 1992 197 11. -t.~ -S-tt~racje- -sCt~- -b e - s e r e e nech -firom--v-Jew- -b y- a- -re nise- o-r e ver~--s-c-ree~hqg- r-t-he -d e s i-gn- a nd- -t o ¢ ~ t:ion--o-f of-~-se~. su¢~~~aH- req~ re-eH~n-o f-sa~- This Local Law shah take effect upon its filing with the SecretaFy of State. OveFstrike repFesents deletion(s] DEPUTY SUPERVISOR PENNY: There is a section in here, which addresses open storage in a commercial, or industrial district as a principal or accessory use, which says that all storage shall be screened from view or fences, etc. We're offering in this Local Law to remove that section, because when a new business is put into place, the Planning Board sets the standards for screening, etc. If this Local Law was enforced with the way it was in effect right now, everybody in the business community, that has outside storage of any material,whatsoever, would have to screen it from view. The Legislative Committee viewed this as a town, that would have many walls, and fences around it. You couldn't drive by a new car lot, and look at the cars, because this would require that everything in any commercial, or residential district stored outdoors, if it was enforced in it's entirety, would have to be screened from view by a fence, or an evergreen screen, and we were afraid of the devastating effect of this, if itslayed in the Code, and somebody could come along, and say, you know, you really have to enforce this, because it!s in the Code, so that is the reason for us taking it out. We're diminishing the ability of the Planning Board, when they're dealing with an application, or amendment to a site plan to screen obnoxious things from view. That is not the intent of this at all, and, also, see an automobile wrecking yard, or junkyard, is required to provide suitable screening. That is addressed in another section of the Code, and it's really redundant to have it in here twice. 10.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 11.-Moved by Councilman Wickham, 'seconded by Councilman Penny, WHEREAS, there was presented to the Town Board of the Town of Southold on the 20th day of October, 1992, a proposed Local Law entitled, "A Local Law in Relation to Prohibited Uses"; and WHEREAS, this proposed Local Law was referred to the Southold Town Planning Board and Suffolk County Department of Planning for their recommendations and reports; now, therefore, be it RESOLVED that the Town Board hereby sets 4:52 P.M., Tuesday, November 24, 1992, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the aforesaid proposed Local Law which reads as follows, to wit: A Local Law in Relation to Prohibited Uses BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-237 (Prohibited uses in all districts) is hereby amended to read as follows: Ao Any use which is noxious, offensive of objectionable by reason of the emission of smoke, dust, gas, odor or other fqrm of air pollution or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form in such manner or amount as to cause permanent damage to the soil and streams or to adversely affect the surrounding area or by reason of the creation of noise, vibration, electromagnetic or other disturbance or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from Which such light or light reflection emanates; or which involves any dangerous fire, explosive, radioactive or other hazard; or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants; and any other process or use which is unwholesome and noisone and mabe dangerous or prejucicial to health, safety or general welfare, except where such activity is licensed or regulated by other governmental agencies. B. Artificial lighting facilities of any kind which create glare beyond lot ine. a _ t:e~ -pe ~ios- ~ns-peeFet- H cerise- -f~orm -t+~-T o w~- ~)-. .... J uftley~d- o~- ~efu se- d+~osaF-~i~e7- exeel~t-a-~re~u~e Uses involving primary production of the following .products from raw materials: Charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins; proxylin; rayon yarn; hydrochloric, nitric, phosphoric, picric and sulfuric acids; coal, coke and tar products, including gas manufacturing; explosives; gelatin, glue and size (animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber (natural or synthetic); soaps, including fat rendering; starch. Do Eo Fo The 1. 2. 3. following processes: Nitrating of cotton or of other materials. Milling or processing of flour. Magnesium foundry. Reduction, refining, smelting and alloying metal or metal ores. Refining secondary aluminum. Refining petroleum products, such as gasoline, kerosene, naphtha and lubricating oil. 7. Distillation of wood or bones. 8. Reduction and processing of wood pulp and fiber, including paper mill operations. Operations involving stockyards, slaughterhouses and slag piles. Storage of explosives. Quarries. :t~ H. Storage of petroleum products. Notwithstanding any other provisions of this chapter, storage facilities with a total combined capacity of more than twenty thousand (20,000) gallons, including all tanks, pipelines, buildings, structures and accessory equipment designed, used or intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other petroleum products, shall not be located with one thousand (1,000) feet of tidal waters or tidal wetlands. II. This Local Law shall take effect upon its filing with the Secretary or'State. * Overstrike represents deletions ** Underscore represents additions COUNCILMAN WICKHAM: What this Local Law has done is to take out several prohibited uses, that now exist in the Town Code, and removes them from the list of prohibited uses. They are addressed elsewhere in the Code. 11.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 12.-Moved by Councilwoman Hussie, seconded by Justice Edwards, WHEREAS, there has been present to the Town Board of the Town of Southold on this date a proposed Local Law entitled, "A Local Law in Relation to Fishers Island Sewer District Rent; now, therefore, be it RESOLVED that the Town Board hereby sets 4:55 P.M., Tuesday, November 24, 1992, Southold Town Hall, Main Road, Southold, New York, as time and Place for a. public hearin9 on the aforesaid Local Law which reads as follows, to wit: A Local Law in Relation to Fishers Island Sewer District Rent BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 76 (Sewers) of the Code of the Town of Southold is hereby amended as follows: 1. Section 76-21A is hereby amended to read as follows: A. In addition to any and all'other fees and charges provided by law, the owner of a parcel of land served by the sanitary sewer system of the FISD shall pay an annual sewer rent for the use of such sanitary sewer system, which shall be based upon an annual charge of fFv~ t~el eto~t~-~s ~$500~00~ three hundred dollars ($300.00) for each separate dwelling unit served by the system. Such annual sewer rents shall be paid in seminannual installments of two h~r~e~t fFf~¥ do+~r-s ~:$~$0~00~ one hundred fifty dollars ($150.00) on the first day of January and June of each year. Il. This Loca Law shall take effect upon its filing with the Secretary of State. * Overstrike represents deletions ** Underscore represents additions JUSTICE EDWARDS: I might comment on this. What we have done for yearly rent, we've reduced it from $500.00 to $300.00, because it was two, or three years ago, that the Sewer District was running from the red, and the Town had to bail the District out, because of some unexpected expenses, that they incurred over there. Now, we've brought the thing back on a normal plane, and we've reduced the sewer fees over there, just for the people within that district, because now we sort of hit a happy medium, and we hope that this for the next five years, anyway, that we can maintain this system for this amount of money, that we're charging. 12.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. JUSTICE EDWARDS: I might add, that you're looking at the Commissioner of the Fisher Island Sewer District up here on the dais. 2O0 NOVEMBER 10, 1992 13.-Moved by Councilman Lizewski, seconded by Justice Edwards, WHEREAS, there has been presented to the Town Board of the Town of Southold on this date a proposed Local Law entitled, "A Local Law in Relation to Fishers Island Mooring Fees"; now, therefore, be it RESOLVED that the Town Board hereby sets 4:57 P.M., Tuesday, November 24, 1992, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearinc~ on the aforesaid Local Law which reads as follows, to wit: A Local Law in Relation to Fishers Island Mooring Fees BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 32 (Boards, Docks and Wharves) of the Code of the Town Southold is hereby amended to read as follows: 1. Section 32-39.2 B(3) of the Code of the Town of Southold is hereby amended to read as follows: (3) The following fees shall be paid for the issuance of a mooring permit: Size of Boat Up to 25 feet 25 feet to 35 feet Over 35 feet All Nonresidents Permit fee ~0;00 $30.00 $5~ $65.00 $~00~00 $125.00 ~OO~OO ~300.00 11. This Local Law shall take effect upon its filing with the Secretary of State. * Overstike represents deletions ** Underscore represents additions 13.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. JUSTICE EDWARDS: I might add, also, that these monies, that come in from the mooring fees, go directly into the Town General Fund. They're not on Fishers Island. What's the total bout $3,000 or $4,000 a year? TOWN CLERK TERRY: Over $4,000 now. JUSTICE EDWARDS: Over $4,000 a year comes into the Town. 14.-Moved by Councilwoman Hussie, seconded by Councilman Wickham, WHEREAS, there has been presented to the Town Board of the Town of Southold on this date a proposed Local Law entitled, "A Local Law in Relation to Landfill Tipping Fees"; now, therefore, be it RESOLVED that the Town Board hereby sets 5:00 P.M., Tuesday, November 24, 1992, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the aforesaid Local Law which reads as follows, to wit: A Local Law in Relation to Landfill Tipping Fees BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 48 (Garbage, Rubbish and Refuse) of the Code of the Town of Southold is hereby amended as follows: 1. Section 48-4B is hereby amended to read as follows: B. Effective A~1--1-,--;990 January 1, 1993, in addition to the fees established in Section 48-4A of this chapter, there shall be a fee of two--een-ts($0.02) three cents ($0.03) per pound on loads containing the following: II. This Local Law shall take effect upon its filing with the Secretary of State. * Overstrike represents deletions ** Underscore represents additions COUNCILWOMAN HUSSIE: I would like to explain this, just a little bit. It was misrepresented in one of the newspapers. This is referring to the fee, that is paid, when you take things over the scales, construction debris, big pieces, chunks of lumber, and that sort of thing. It has nothing to do with what you, the self-haulers, bring into the dump. COUNCILMAN WICKHAM: It has nothing to do with residential garbage. 14.-Vote of the Town 'Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 15.-Moved by Councilman Lizewski, seconded by Councilman Penny, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Permit Fees"; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this proposed Local law to the Southold Town Planning Board and the Suffolk County Department of Planninc~, all in accordance with the Code of the Town of $outhold and the Suffolk County Charter. Said proposed Local Law reads as follows, to wit: A Local Law in Relation to Permit Fees BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-274 '(fees) of the Code of the Town of Southold's hereby amended to read as follows: Applications to the Board of Appeals for any relief herein shall be accompanied by a fee as hereinafter provided: For applications involving fences, accessory structures or accessory buildings, alterations' or additions containing less than two hundred (200) square feet in floor area, the fee shall be one hundred fifty dollars ($150.00). Do For all other applications, including those involving commercial property, containing a single request [for example, an application requesting one (1) variance or an application request a special exception], the fee shall be three htn'rdt'e~l cl~rl'al~S'' ($380~0e;) four hundred dollars ($400. oo). For applications containing more than one (1) request, such as an application requesting an area variance and a width variance, the fee shall be ($588~88~ six hundred dollars ($600.00). For applications for interpretations on appeal from an order, decision or determination of an administrative officer, the fee shall be two hundred dollars ($200.00) for each section of the Town Code-for which an interpretation is requested . E. For applications for variances from Town Law Section 280-a (right-of-ways), the fee shall be two hundred fifty dollarsI$250.00). Fo For applications for re-hearings, the fee shall be the same as .t.he fee charged for the original application. Section 100-281 (J) (Permit Fees)' of the Code of the Town of Southold is' hereby amended to read as follows: The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid into the general fund o~ the application is approved or returned to the applicant if the application is denied: (a) Single-family dwellings. [1] New dwellings, and alterations an~~-or additions to existing dwellings: ~i'ft¥-~l~Fa~,'s~ ($58~8e-) seventy-five dollars ($75.00), plus fi~teen-centz ($8=~5~ twenty cents ($0.20) for each square foot of floor area in excess of eight hundred fifty (850) square feet. 2O2 NOVEMBER 10, 1992 (b) (c) (d) (e) (f) [2] Accessory buildings and additions and-or alterations to existing accessory buildings: ~we~rt3~-f~ve do+Fa~s--{$~5~00~ thirty-five" dollars ($35.00) plus f~fteen-¢en~c~ twenty cents ($0.20) for each square foot of floor area in excess of five hundred (500) square feet. Farm buildings and additions or alterations to existing farm buildings: fifty dollars ($50.00) for each building. Hotel, motel, multiple dwellings and business, industrial and all other buildings, including wineries. [1] New buildings and additions and alterations to existing buildings: one-htrr'~.d d.e-l-ka-r-s- {$~00:00~ one hundred and fifty dollars ($150.00) plus tw~*/~cents twenty-five cents ($0.25) for each square foot of floor area in excess of one thousand [1,000) square feet. [2] Accessory buildings and additions and' alterations to existing accessory buildings: d~Fal~s- ($~5~00:) thirty-five dollars ($35.00), plus fh~teen-¢ent~ ($8=~5~ twenty cents ($0.20) for each square foot of floor area in excess of five hundred (500) square feet. Foundations constructed under existing buildings: seventy-five dollars ($75.00). Inground swimming pools, together with required enclosure fencing: one hundred fifty dollars ($150.00). Above ground swimming pools, together with required enclosure fencing: fifty dollars ($50.00). All other structures (i.e., fences, satellite dishes, etc.) and additions and alterations to such structures: ~wer~t3~--~;r~e d~+Fm~s- {$~5~88) thirty-five dollars ($35.00). (g) (h) Signs. The fee for all signs, except signs permitted by Section 100-31C(9)(a), shall be one dollar ($1.00) for each square foot of sign area, with a minimum fee of twenty-five dollars ($25.00). Demolition and/or removal and/or relocation of any building: ten d~Fa~-~$~8~80~) fifteen dollars ($15.00) minimum and ~i*¢~. cen'~ ~$e~5~ ten cents ($0.10) for each square foot in excess of three hundred (300) square feet of floor area. II. 'This Local Law shall take effect upon its filing with the Secretary of State. * Overstrike represents deletions ** Underscore represents additions ***Items which are not neither underscored nor overstruck are included merely for clarity within the section. 15.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This rssolution was declared duly ADOPTED. 16.-Moved by Councilman Penny, seconded by Justice Edwards, WHEREAS, there has been presented to the Town Board of the Town of Southold on this date a proposed Local Law entitled, "A Local Law in Relation to Permit Fees"; now, therefore be it RESOLVED that the Town Board hereby sets 5:02 P.M., Tuesday, November 24, 1992, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the aforesaid Local Law which reads as follows, to wit: OVE BE 2 0 3 A Local Law in Relation to Permit Fees BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. ChaNter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: Section 100-27kt (fees) of the Code of the Town of Southold is hereby amended to read as follows: Applications to the Board of Appeals for any relief herein shall be accompanied by a fee as hereinafter provided: Ao For applications involving fences, accessory structures or accessory buildings, alterations or additions containing less than two hundred (200) square feet in floor area, the fee shall be one hundred fifty dollars ($150.00). For all other applications, including those involving commercial property, containing a single request [for example, an application requesting one (1) variance or an application request a special exception], the fee sba I be ~hree httr~red ei~a'r~-($308:00) four hundi-ed dollars ($400.00). C. For applications containing more than one (1) request, such as an application requesting an area variance and a width variance, the fee shall be fFv~ htrr~recl d~l'~ ~$550=08~ six hundred dollars ($600.00). __D. For applications f~r interpretations on appeal from an order, decision or determination of an administrative officer, the fee shall be two hundred dollars ($200.00) for each section of the Town Code for which an interpretation is requested . For applications for variances from Town Law Section 280-a (right-of-ways), the fee shall be two hundred fifty dollars(S250.00). Fo For applications for re-hearings, the fee shall be the same as the fee charged for the oricjinal application. Section 100-281 (J) (Permit Fees) of the Code of the Town of Southold is hereby amended to read as follows: (1) The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid into the general fund of the application is approved or returned to the applicant if the application is denied: (a) Single-family dwellings. [1] New dwellings, and alterations and-or additions to existing dwellings: f~f~¥-~Fa~s- ($5B=80~ seventy-five dollars ($75.00), plus f~een-cen~ ~$8v~5) twenty cents ($0.20) for each square foot of floor area in excess of eight hundred fifty (850) square feet. [2] Accessory buildings and additions mn~-or alterations to existing accessory buildings: ~F-~e ~t~l~rrs-~$~5v88~ thirty-five dollars ($35.00) plus f~fteer~-cent~ twenty cents ($0.20) for each square foot of floor area in excess of five hundred (500) square feet. (b) Farm buildings and additions or alterations to existing farm buildings: fifty dollars ($50.00) for each building. (c) Hotel, motel, multiple dwellings and business, industrial and all other buildings, includincj wineries. [1] New buildings and additians and alterations to existing buildings: (9~00~00~ one hundred and fifty dollars . ($150.00) plus twe~rt*/-eents twenty-five cents ($0.25) for each square foot of floor area in excess of one thousand (1.000) square feet, (d) (e) -(f) [2] Accessory buildings and additions and alterations to existing accessory buildings: twerrt¥-4+~e do+l~s-(9~5:ee~ thirty-five dollars ($35.00), plus fif't, een-cen~$ (95~r5~ twenty cents ($0.20) for each square foot of floor area in excess of five hundred (500) square feet. Foundations constructed under existing buildings: seventy-five dollars (975.00). Inground swimming pools, together with required enclosure fencing: one hundred fifty dollars ($150.00). Above ground swimming pools, together with required enclosure fencing: fifty dollars ($50.00). All other structures (i.e., fences, satellite dishes, etc.) and additions and alterations to such structures--. ~w~rrt¥--f~e el~rka~s-($ES:0O-) thirty-five dollars ($35. oo). (g) Signs. The fee for all signs, except signs permitted by .Section 100-31C(9)(a), shall be one dollar (91.00) for each square foot of sign area, with a minimum fee of twenty-five dollars ($25.00). (h) Demolition and/or removal and/or relocation of any buildino: t~n d~l~s-- ~$~0?0e~ fifteen dollars ($15.00) minimum and F~v~ cents ~$0,-05~ ten cents ($0.10) for each square foot in excess of three hundred (300) square feet of floor area. II. This Local Law shall take effect upon its filing with the Secretary of State. * Overstrike represents deletions ** Underscore represents additons. 16.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 17.-Moved by Justice Edwards, seconded by by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Anthony P. Mirabelli as a part-time deckhand for the Fishers Island Ferry District, effective immediately, at a salary of $7.00 per hour, all in accordance with the recommenda- tion of the Board of Commissioners of the Fishers Island Ferry District. 17.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. DEPUTY SUPERVISOR PENNY: At this time, we have a public hearing, that is slated for 8:00 o'clock. I'd like a resolution moving to recess this meeting to have this public hearing. Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was RESOLVED that a recess be called at this time, 8:00 P.M., for the purpose of hold a public hearing. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. Meeting reconvened at 9.05 P.M. NOVEMBER 10, 1992 2 0 5 DEPUTY SUPERVISOR PENNY: At this time, we'll go back to the regular portion of our meeting, and deal with resolution Number 18. 18.-Moved by Councilman Wickham, seconded by The Entire Town Board, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with recjret, the resiqnation of Margaret Coulter, Receiver of Taxes Clerk, and former interim Receiver of Taxes, effective October 30, 1992, and wishes Mrs. Coulter good health and much happiness in her retirement years ahead. 18.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 19.-Moved by Councilman Lizewski, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of East Coast Mines Ltd., East Quogue, New York, in the amount of $5.95 per yard, for supplying the Highway Department with 5,0000 cubic yards (more or less) of Screened Sand; and be it FURTHER RESOLVED that the Town Board hereby waives the informality in the submission of the bid - the failure of East Coast Mines Ltd. to submit the required $100.00 bid deposit check - provided the check has been received by the Town Clerk prior to the adoption of this resolution; all in accordance with the recommen- dation of Superintendent of Highways Jacobs. COUNCILWOMAN HUSSIE: Has the check been received, Judy? TOWN CLERK TERRY: Yes. 19.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 20.-Moved by Councilwoman Hussie, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Arshamomaque Dairy Farm, Inc., in the amount of $.21 per one-half pint, for supplying the Southold Town Nutrition Center with Homogenized Pasteurized whole milk for calendar year 1993, all in accordance with the bid specifications. 20.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 21 .-Moved by Justice Edwards, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Acjway Energy Products for supplying the Town with Diesel Fuel for Calendar Year 1993, at a price which will be plus $.0665 per gallon over the Long Island Tank Car Consumer Rack Price, as posted daily in the Journal of Commerce under the Northville Industries Corporation listing. 21.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 22.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Ac;lway Energy Products for supplying the Town with Gasoline for Calendar Year 1993, at a price that will be plus $.0595 per gallon over the Long Island Tank Car Consumer Rack Price, as posted daily in the Journal of Commerce under the Northville Industries Corporation listing. 22.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 23.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bids of A~way Energy Products for supplying the Town with Heating Oil for Calendar Year 1993, at a rack price which will be plus $.0665 per gallon over the Long Island Tank Car Consumer Rack Price, as posted daily in the Journal of Commerce under the Northville Industrices Corporation listing. 23.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 24.-Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold here accepts the bid of Oxford Tire Supply, Inc., Plainfield, Connecticut, for the removal of any size tire, on a rim or off, from the Southold Town Landfill Si~e, at a cost to the Town of $850.00 per trailer load, for the period of one (1) year, effective January 1, 1993 through December 31, 1993, all in accordance with the bid specifications. 24.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 25.-Moved by Councilman Penny, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Hopp¥'s Cleaners, Inc., Greenport, for cleaning the uniforms of She members of the Southold Town Police Department for the period from January 1, 1993 through December 31, 1993, at the following prices, all in accordance with the bid specifications: Uniform Trousers - $.65, Uniform Long Sleeve Shirts - $.17, Uniform Jackets - $.70, Eisenhower Jackets - $1.24, Outer Jackets - $1.84, No Charge for: Jacket Liners, Uniform Sweaters, Neckties, Hats; and be it FURTHER RESOLVED that Supervisor Scott L. Harris be and he hereby is authorized' and directed to execute an agreement between the Town and Hoppy's Cleaners, Inc. for the aforesaid proposal. 25.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 26.-Moved by Councilwoman Hussie, seconded by Justice Edwards, WHEREAS, the Town Board of the Town of Southold desires to continue and increase the level of recycling in Southold Town; and WHEREAS, in order to do so, the Town Board recognizes the need for "hands-on" support for the Town's recycling programs; to (1).inform and advise Town residents as to how to recycle better and more thoroughly; (2) remind Town residents of mandatory provisions for residential recycling; (3) assist in inspecting and to coordinate inspection of waste brought to the landfill by residents and commercial carters; (4) generally raise the level of recycling consciousness within the Town; now, therefore, be it RESOLVED that the Town Board hereby reappoints, for the above-stated purposes, without compensation and to report to the Solid Waste Coordinator, Mary Mulcahy Jackson, effective August 20, 1992 through August 19, 1993, for a one t) year period. COUNCILWOMAN HUSSIE: I would like to comment, that Mary Jackson ~s a volunteer, and is doing a great job in helping the Town with their recycling efforts. 26.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 27.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followin9 1992 Budget modification to the General Fund - Part Town to appropriate Mattituck-Cutchogue High School Student Council $150.00 donation and Mattituck Lioness Club $200.00 donation to help offset expense for purchase of DARE stickers, ballons, pens and wristbands: To: Revenues B2705 Gifts & Donations $ 350.00 Appropriations B3157.4 Juvenile Aide Bureau, Contractual Expenses $ 350.00 27.-Vote of the Town Board: Ayes: Councilwoman Hussie, Cou'ncilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 28.-Moved by Justice Edwards, seconded by Councilwoman Hussie, it was RESOLVED that the application of Bruce M. Vitale for renewal of his sinqle family watchman house trailer permit, for trailer located at 7280 Sound Avenue, Mattitudk, which permit expires on November 22, 1992, be and hereby is granted for a six (6) month period. 28.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 207 NOVEMBER 10, 1992 29.-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Ronald Smith. and Frank Freemen as aides for the Home Aide Program, effective November 12, 1992, for up to 10 hours per week, $5.50 per hour; and John Sumpter as an aide for both the Home Aide and Expanded In-Home Services for the Elderly (EISEP) Programs, for a combined total of 17-1 /2 hours per week, $5.50 per hour, also effective November 12, 1992. 29.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 30.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Chemical Pollution Control, Inc., Bay Shore, New York, for the removal and disposal of household hazardous wastes from the Southold Town Collection Center for calendar year 1993, all in accordance with their bid proposal of November 4, 1992, and in accordance with the recommendation of Commissioner of Public Work Jacobs. 30.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 31 .-Moved by Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the .bid of Standard Law Enforcement Supply for furnishing to the Town of Southold Police Department Uniform Clothing for calendar year 1993, all in accordance with their bid specifications and their proposal dated November 3, 1992, and the recommenda- tion of Chief of Police Droskoski. 31.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 32.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzine Asphalts, Inc., in the amount of $34,995.00, to furnish and supply all labor and material to reconstruct and resurface two (2) tennis courts at the Fishers lsalnd Union Free School District property, Fishers Island, New York, all in accordance with the bid specifications; and be it FURTHER RESOLVED that Supervisor Scott L. Harris be and he hereby is author- ized and directed to execute a contract between the Town and Corazzini Asphalt, Inc. to accomplish the aforesaid project. 32.-Vote of the Town Board: Ayes.:. Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. DEPUTY SUPERVISOR PENNY: Yes, gladly, for our friends on Fishers Island, we finally got this. 33.-Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with recjret, the resicjnation of Thomas J. Henry, member of the Southold Town Board of Assessment Review, effective immediately, and extends their sincere thanks and appreciation to Mr. Henry for the time and expertise he devoted to his position. 33.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 34.-Moved by Councilman Lizewski, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for the vacancy on the Board of Assessment Review created by the resignation of Thomas J. Henry. 34.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 35.-Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, STate Environmental Quality Review Act, and 6NYCRR Part 617.10, and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Sc~uthold Town Board, in conducting an uncoordinated review of this unlisted action, has determined that there will be no significant effect on the environment. DESCRIPTION OF ACTION: Alteration and addition to an existing building to be converted to the Southold Town Human Resource Center. The project involves an addition to the septic system, leaching pools and the adddition of a grease trap for the new kitchen area. The building is located on the corner of Pacific Street and Sound Avenue, Mattituck, New York. This project has been determined not to have a significant effect on the environment because an Environmental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur should the proposal be implemented as planned. 35.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 36.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for a Clerk for the 1992/93 Tax Collection season for the Office of the Receiver of Taxes, at a salary of $6.35 per hour. 36.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 37.-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Lawrence Healthcare to pay the $1,200.00 claim for services rendered on April 30, 1992 to Eileen Cushman, which claim was denied as it was not submitted in a timely manner by the physician, but is a legal claim and the Town's plan provided for payment of said claim. 37.-Vote of the Town Board: .Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 38.-Moved by Justice Edwards, seconded by Councilman Wickham, WHEREAS, in conjunction with the permitting process for terminal improvements at New London, Connecticut, it has become necessary to develop a plan for a pile supported alternative to bulkheading and filling; and WHEREAS, the Board of Commissioners of the Fishers island Ferry District wishes to engage the services of an engineering firm specializing in this type of planning, and DOCKO, Inc. of Mystic, Connecticut, is presently retained by the Ferry District to accomplish engineerEng work in connection with the above terminal improvements and is available to develop the plan for a pile supported alternative to bulkheading and filling at a fee of $8,450.00; now, therefore, be it RESOLVED that the Town Board hereby grants permission to the Board of Commissioners of the Fishers Island Ferry District to amend its existing contract with DOCKO, Inc. to include the development of a plan for a pile supported alternative to bulkheading and filling. 38.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared du y ADOPTED. 39.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budcjet modification to the General Fund - Whole Town 1992 Budqet to cover overdrawn line item and interdepartmental personnel transfer: To: A7180.1 A8090.1 From: A1910.4 A7180.4 A7020.1 Beaches, Personal Services Environmental Control, Personal Services $ 300.00 12,000.00 Insurance, Contractual Expenses $ Beaches, Contractual Expenses Recreation Administration, Personal Services 39.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 3,000.00 300.00 9,000.00 NOVEMBER 10, 1992 209 40.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1992 Budget modification to the General Fund - Part Town to cover overdrawn line items: To: B1910.2 Insurance, Contractual Expenses $ 5,500.0 B3020.1 Public Safety Communications, Personal Services 34.000.00 B3020.4 Public Safety Communications, Contracutal Expenses 7,000.00 B3620.1 Safety Inspection, Personal Services 30,000.00 From: B1989.4 Funded Deficit $ 76,500.00 40.-Vote of the TOwn Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 41 .-Moved by Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that the TOWn Board of the Town of Southold hereby authorizes the following 1992 Budqet modification to the Highway Fund - Whole Town to cover overdrawn line: To: DA.5140.1 Brush & Weeds, personal Services $ 100.00 FrOm: DA.9010.8 Retirement, Benefits $ I00.00 -- 41.-Vote of the Town Board: Ayes: COuncilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 42.-Moved by Justice Edwards, seconded bY Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby increases the price for the purchase of the Southold Town Zoning Code (Chapter 100) from $25.00 (plus tax) to $50.00 (plus tax), effective November 11, 1992; and be it further RESOLVED that the Town Clerk is hereby authorized to offer the purchasers of the Zoning .Code the opportunity to receive updates for an annual fee of $20.00 (plus tax), effective November 11, 1992. 42.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 43.-Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby appoints John J. Hagerty II1 a member of the Southold Town Conservation Advisory Council to fill the unexpired term of John McCormiCk, effective November 11, 1992 through June 18, 1994. 43.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 44.-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Fo~arty Electric & Refrigeration, Mattituck, at a total cost of $4,500.00, for the rehabilitation of deteriorated piping and piping insulation of the heating/cooling piping system at the Southold Town Hall, all in accordance with the inspection on September 18, 1992, and proposal to make the corrections dated October 19, 1992. 44.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 21 0 NOVEMBER 10, 1992 45.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an increase from $10,000 to $15,000 for the total dollar amount for rehabilitation work done on any one dwelling under a property owners name under the Southold Town Rehabilitation Guidelines of the Town's Community Development Block Grant Program managed by the North Fork Housing Alliance, Inc.; and be it further RESOLVED that under the aforesaid Southold Town Rehabilitation Guildelines, the Town gives the Executive Director of the North Fork Housing Alliance, Inc. the authority to determine on an individual basis the eligibility of a proposed item in a rehabilitation work order, and the eligibility determination of an extra- ordinary request, outside the ordinary interpretation of an eligible rehabilitation item, is to be based on a client's health or safety requirement, including, but not limited to documentation, in writing, by a doctor's or health and safety professional's recommendation; and be it FURTHER RESOLVED that these changes to the Southold Town Rehabilitation Guildelines shall take effect immediately. 45.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 46.-Moved by Councilman Penny, seconded by Justice Edwards, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Affordable Housinc~"; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to b'ansmit this proposed Local Law to the Southold Town Planning Board and the Suffolk County Department of Planning, all in accordance with the Code of the Town of Southold and the Suffolk County Charter. Said proposed Local Law reads as follows, to wit: A Local Law in Relation to Affordable Housing BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is herey amended to read as follows: 1. Section 100-51 (Definitions) is hereby amended to read as follows: MODERATE-INCOME FAMILY DWELLING UNIT - A dwelling unit reserved for rent or sale to a moderate-income family and for which the maximum monthly rent (excluding utilities) or the maximum initial sales price does not exceed the maximum rent or maximum sales price set forth in Section 100-56E hereof. In no event shall the purchaser of said dwelling' unit be responsible for the payment of any utility hook-up fees including those customarily charged for brinqing same from the lot ine to the dwelling house. MODERATE-INCOME FAMILY UNIMPROVED LOT - An unimproved lot reserved for sale to a moderate-income family and for which the maximum initial sales pr[ce, inclusive of the cost of providing public water and/or public sewer serve to the lot, does not exceed the maximum sales price set forth in Section 100-56E hereof. Said unimproved lot shall mean a vacant parcel of real property designated as a lot on a filed map inclusive of all utilities brought to the property line. UTILITIES - Utilities under this Article shall be defined electric, gas (if provided to the subdivision) telephone and water. Cablevision shall be provided without cost only the lot line. Section 100-55A of the Code of the Town of Southold is hereby amended to read as follows: Ao Application Procedure. The procedure for planning and zoning approval of any future proposed development in an AHD District shall involve a ~w~-~tacj~-three-stage review process as follows: (1) (2) (3) Approval by the Town Board of a preliminary development concept plan. and. the zon+ng-rec~3~J~f~on-o¢ a ~p~c;rf~c-p.n'r"c:e+ or p~wc~ oF ~ ~r ~ aecord~h tha~ Approval of the final, detailed sPee-I~n and- subdivision plat al:q~r~c'a-l-;+f~ reqtHred;- by the Planning Board. * The zoning reclassification of a specific parcel or parcels of land for development in accordance with that . plan. The town shall, in all instances, process (2) and (3) above cuncurrently so as to enable the municipality to utilize a single SEQRA process and conduct a coordinated review of the entire application. 3. Section 100-B5B(5)(g) is hereby deleted in its entirety as follows: fee each- '4. Section 100-55B(6) (fees) is hereby added to read as follows: 6 Fees. - Notwithstanding anything to the contrary, the fees applicable to AHD zoning application processes shall be as follows: (a_) There shah be no fee for the submission and consideration of a preliminary development concept plan. (b) The fee for change of zone. shall be five hundred dollars ($500.00). (c_) The subdivision fees shall be assessed in the following manner: fifteen dollars ($15.00) for each proposed dwelling unit or five hundred dollars ($500.00) which ever is greater. (d_) The applicant shall be responsible for any professional review fees;necessarily incurred by the Town in conducting its coordinated review of the application. 5. Section 100-55F(2) of the Code of the Town of Southold is hereby amended to read as follows: (2) (a) AlePh-oF-of~ Upon request to the Town Board on : notice to the applicant and for 9ood cause shown, the establishment of an AHD District ~ha+l-expire may be revoked Ew,~fve ~ {~ aFt~r- bhe da~e of ~n ~ a~-thereof ~he a~ ha~-n~ rece~ ~r~vak of ~he es~bHs~ent of an- A~B- ~s~r~- ~ha+~ ex. re eighteen (18) months after said Town Board approval thereof if work on the site has not commenced or the same is not being prosecuted to conclusion with reasonable diligence. 2 1 2 NOVEMBER 10, 199:2 (2) (b) The Town Board, upon ~F~li~a~on-request of the applicant and upon Good cause being shown, may, in the exercise of its discretion, extend I~rtl'r-oF the above time p e r i od s - f~r -n o~ -more- +. H~--L~-(-2-)- -ethel i-L-i o n~Jr event of the ex'Frir~th~rr revocation of approval as herein provided, the AHD District shall be deemed revoked, and the zoning classification of the property affected thereby shall revert to the zoning classification that existed on the property immediately prior to the establishment of the AHD District thereon, and the Town Clerk shall cause the Official Zoning Map to be amended accordingly. 6. Section 100-55G is hereby amended to read as follows: G S?t~ P+~n and-subdivision plat approval by the Planning Board. 7. Section 100-56D is hereby amended to read as follows: Eligibility. In each AHD, the sale or lease of dwelling units and unimproved lots reserved for moderate-income families, who have not had any ownership interest in any residence or vacant lot for the past ~hree (3~ years-five (5) years, shall be allocated on a priority basis, in the following order: 8. Section 100-56F(4)(b) is hereby amended to read as follows Year of Resale Percentage Percentage After Purchase To Owner To Town 1st 0% 100% 2nd 20% 80% 3rd 40% 60% 4th 60% 40% 5th 80% 20% 6th 90% 10% 7th or beyond 100% 0% II. Section 100~57C(8) (Covenants and Restrictions) is hereby added to read as follows: (8) The only covenants and restrictions which may even be placed ~Jpon any lot or dwelling unit in an AHD District must bo first approved by action of the Town Board. 10. Section 100-59 (Violations) is hereby added to read as follows: Any violation of any provision of this article shall be punishablo in the following manner: 1st offense - By a fine of not 'less than one thousand dollars ($1,000.00) nor more than five thousand dollars ($5,000.00). 2nd offense and for any offense thereafter by a fine of not less than five thousand dollars ($5,000.00) and not more than ten thousand dollars ($10,000.00) for each offense. This Local Law shall take effect upon its filing with the Secretary of State. Oversrike represents deletions Underscore represents additions 46.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski Councilman Wickham, Councilman Penny, Justice Edwards. ' This resolution was declared duly ADOPTED. 47.-Moved by Councilman Penny, seconded by Justice Edwards, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Accessory 13uildings"; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this proposed Local Law to the Southold Town Plannincj Board and the Suffolk County Department of Plannincj, all in accordance with the Code of the Town of $outhold and the Suffolk County Charter. Said proposed Local Law reads as follows, to wit: A Local Law in Relation to Accessory Buildings BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-33 (Accessory Buildings) is hereby amended by addinq thereto Subsection C to read as follows: C. In the case of a waterfront parcel, accessory buildincjs and structures ma}/ be located in the front yard, provided such buildings and structures meet the front-yard set back requirements as set forth by this code. II. This Local Law shall take effect upon its filing with the Secretary of State. * Underscore represents addition(S) LEGISLATIVE INTENT Recognizing that it is not always in the best interest of the Town, environm~-ntal and otherwise, to permit accessory buildings or structures to be placed in the rear yard of waterfront parcels, while at the same time recognizing that 'the owners of these parcels should enjoy the same rights to utilize their property as do owners of non-waterfront parcels, the Town Board seeks, through this amendment, to permit owners of waterfront parcels to place accessory structures within the building envelopes of their front yards. 47.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 48.-Moved by Justice Edwards, Seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute an Interim Agreement between the Town of Southold and Fishers Island Garbage and Refuse District which addresses the Town's and District's responsibilities concerning solid waste management on Fishers Island; said agreementr with the exception of the provisions concerning the "metal dump", shall remain in effect until December 31, 1993. 48.-Vote of the Town Board: Ayes~ Councilwoman Hussie, Councilman Lizewski, Councilman Wickhamr Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. DEPUTY SUPERVISOR PENNY: I'm proud in Scott's absence to be able to sign it, Ray, and I think at this time, although two years ago, we received a recom- mendation to go in this direction through our Association of Towns' Attorney Kevin Crawford, I think we should thank Kevin openly at this time for offering this, because we have many, many years in trying to figure out how to solve this problem on Fishers Island, which included potentially creating a new district, which would have had .to go to the Assembly, and been a lot of work, although this probably took as long as a district might have, it still is a bureacratic shortcut. JUSTICE EDWARDS: I would thank you, George, for pursuing it through the Association of Towns, and I would, also, appreciate if you Councilpeople do not want your Resolution 48 to leave them off at my corner, because 1'11 spread them them amongst the people on Fishers Island. Thank you. 49.-Moved by Councilman Penny, seconded by Councilwoman Hussie, WHEREAS, Section 100-239.2(13) of the Zoning Code of the Town of Southold provides that the Town Board may authorize the location of single automobile trailers or house cars outside of a tourist camp, subject to such conditions as may be prescribed by the Town 13oard; now, therefore, be it 214 NOVEMBER 10, 1992 RESOLVED that the Town Board hereby increases from $75.00 to $100.00 the fee for a six (6) month period as a condition to authorize the location of a sinclle trailer outside a tourist camp, effective January 1, 1993. 49.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. DEPUTY SUPERVISOR PENNY: That's the end of the resolutions. Is there any- body in the audience, that would like to speak to the Town Board at this time on any issue? (No response.) Those of you that were strong enough to survive this two hours, it was a lengthy night. We had fifty resolutions, actually forty- nine. We haven't done that in a long time, but it's been a long mght. Are there any Town Board members, that would like to say anything at this time? JUSTICE EDWARDS: I'd like to thank the Town Board for passing Resolution 48. DEPUTY SUPERVISOR PENNY: I would like to thank the Town Board for all of their initiatives for this area. It took a joint, cooperative action of every member of the Town Board to work out this arrangement with the Fishers Island Garbage District, and I'm hopefully that they're very happy with what's been accomplished. l'd like to just speak, briefly, on many of the Legislative changes. There's a lot of Local Laws that are being sent to the Planning Board, and being set for public hearing. This has been an ongoing agenda of the Legislative Committee to clear up some of the inconsistencies in the Master Plan. Everybody had a different idea, and still probably does have a different idea of what some of the problems of the Master Plan. This was one area, that was brough to our attention from a lot of people in the community, that there were a lot of laws in there which might be construed as Blue Laws, a lot of sections that referred to nothing, and there's was a lot of verbiage at the end there, that really related to things, that the Town Board had not spent a great amount of time on. The Town Board dealt with many issues in the Master Plan. That particular area preceeded me in 1986. So, from 1986 to 1990, when we passed the Master Plan, that area was not addressed'--' It's taken a little while to clean it up. In doing so, there's has been some misrepresentations of what the Legislative Committee has done, and is trying to accomplish in doing this. Most recently there was an editorial in the Suffolk Time denouncing Dr. Lizewski, and myself, for the issue, that we shared the belief that the Planning process is nusiance, that interferes with the free enterprise in Southold Town. That is not true. i sent a letter to the Suffolk Times. I would hope, that they would print it in response to this, but these are the type of accusations, that really don't serve the public well. They misrepresent for whatever purposes the intentior~s of Town Board members, that are trying to go about..and we publically announced, that we want to clean up certain areas in the Code. We've publically announced, that there were areas in the Town where jurisdictions of one Board overshadows another, and it effects the local community. The applicants are the ones that suffer from these inconsistencies. The applicants are raked through a process, which is much more lengthy than it would have been if they were referred to the proper department in the first place, and I would just like to read part of this letter, that. I sent to the Suffolk Times, and maybe, people will get a little better idea of what I stand for. It is my belief, that the levels of regulation and control of major projects should be modified, when it comes to smaller projects. A process that treats major developers, and small projects, the same is essentially unjust to the local business community. A developer, who plans a shopping center, and a small businessman, planning an addition, should and can be treated differently. A major subdivision, and a local family, who wants to carve out a notch for their children should, also, be treated differently. In regard to this, I offer principal of rural zoning by Joel S. Russell, one of the six Planners, who I quoted earlier tonight, has participated in the US/UK Study, and he's presented to the Town Board a two page letter with the principals of rural zoning. They are, a good zoning law should do three things. One, protect what is important to the community. Twof offer a streamline review process for small scale development. Three, provide a thorough,comprehensive, and efficient NOVEMBER 10, 1992 :. 215 review of large projects. I hope this clarifies my position. I hope that this appears in the local papers, and when we hear tonight people are using the US/UK, one, to support what they're doing when they apply for something, and another, to stop what they're doing. I don't think that that is the intention of the US/UK Study. I would hope that the principals, and the concepts, survive this polarization. That people learn that in a two year period, that this Study is going to go on, and the many, many hours, that it's going to take, and maybe, years, to put some of the legislation,that may result from this, into effect, that many, many things are going to happen in Southold Town. Southold Town can not stop, but if decisions are made, that are consistent with the principals of the US/UK Study, some middle ground can be found. Polarization is what we're trying to prevent, and for people that are using this for one side, or another, I kindly wish that they would stop at this time, and let the Town Board deal with the principals. I think the principals are what is outlined by Joel Russell, are ones that the Town Board could consider using as a guideline. It's a sound guidelines for rural development. Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 9:30 P.M. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. ~/' Judith T. Terry Southold Town Clerk