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

March 14, 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 March 14, 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

¨

¨

¨

 

I.              Reports

1.              Department of Public Works Monthly Report

December 2017
January 2018

2.              Town Clerk Monthly Report

February 2018

3.              Zoning Board of Appeals Monthly Report

February 2018

4.              Recreation Department Monthly Report

February 2018

5.              Justice Court Reports

February 2018

6.              Department of Solid Waste Monthly Reports

January 2018
February 2018

II.              Public Notices

III.              Communications

IV.              Discussion

1.              9:00 AM - Michael Domino

Current Pump Out Boat Repairs and Trustee
Proposal for New 2018 Season Pump Out Boat

2.              9:15 AM - Chris Baiz with Members of the Agricultural Advisory Committee

Code Amendment- Codification of the Agricultural Advisory Committee

3.              9:45 Am - Justice Evans, Vincent Orlando and Kristie Hansen-Hightower

FI/Town Sidewalk Projects

4.              10:00 Am - Lloyd Reisenberg

Meeting Hall Sound System and Work Session Video Project Update

5.              10:15 Am - Denis Noncarrow, Michael Collins and Jamie Richter

Deans Parking Lot Upgrades

6.              Councilwoman Doherty

Proposed Rental Permit Code

7.              Code Amendment to Chapter 280

Accessory Apartments in Accessory Structures in Residential Districts

8.              Discussion of Helicopter Landings in Residential Districts

9.              Code Enforcement-Short Term Rentals

10.              EXECUTIVE SESSION - Potential Property Acquisition(S), Publicity of Which Would Substantially Affect the Value Thereof

11:00 AM - Melissa Spiro

11.              EXECUTIVE SESSION - Matter Involving the Lease of Real Property Where Publicity Could Substantially Affect the Value Thereof

12.              EXECUTIVE SESSION - Labor- Matters Involving the Employment of a Particular Person(S)

11:30 AM - CANCELLED - Chief Flatley
11:45 AM - Kevin Webster, Assessor’s Office

13.              EXECUTIVE SESSION - Litigation

Four Crows, Inc. v. ZBA

V.              Resolutions

 

2018-239

CATEGORY:                            Audit

DEPARTMENT:              Town Clerk

 

Approve Audit

 

RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated March 13, 2018.

ü Vote Record - Resolution RES-2018-239

¨

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

¨

Supervisor's Appt

¨

Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

¨

¨

¨

¨

William P. Ruland

 

¨

¨

¨

¨

Jill Doherty

 

¨

¨

¨

¨

Robert Ghosio

 

¨

¨

¨

¨

Louisa P. Evans

 

¨

¨

¨

¨

Scott A. Russell

 

¨

¨

¨

¨

 

 

 

2018-240

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, March 27, 2018 at Southold Town Hall, 53095 Main Road, Southold, New York at 4:30 P. M..

ü Vote Record - Resolution RES-2018-240

¨

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

¨

Supervisor's Appt

¨

Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

¨

¨

¨

¨

William P. Ruland

 

¨

¨

¨

¨

Jill Doherty

 

¨

¨

¨

¨

Robert Ghosio

 

¨

¨

¨

¨

Louisa P. Evans

 

¨

¨

¨

¨

Scott A. Russell

 

¨

¨

¨

¨

 

 

 

2018-241

CATEGORY:                            Field Use - Town

DEPARTMENT:              Town Clerk

 

Strawberry Festival 2018

Financial Impact:

PD Cost analysis:   $22,394.16

 

RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the Mattituck Lions Club to use Strawberry Fields in Mattituck, NY from Monday, June 11 through Tuesday, June 19, 2018 for the Annual Strawberry Festival and be it further

 

RESOLVED that the Town Board of the Town of Southold authorizes the Town Clerk to issue a Special Events Permit to the Mattituck Lions to hold its Annual Strawberry Festival at Strawberry Fields Mattituck, NY from Monday, June 11 through Tuesday, June 19, 2018 provided

 

1.               They file with the Town Clerk a Two Million Dollar Certificate of Insurance

              naming the Town of Southold and the County of Suffolk as an additional insured;

2.              Coordinate traffic control upon notification of the adoption of this resolution with

              Captain Kruszeski

3.              No permanent markings be placed on town, county or state roads or property for

              the event;

4.              Any road markings or signs for the event be removed within twenty-four (24)

              hours of the completion of the event. 

 

Some of the requirements for issuing a Special Permit may be waived.

ü Vote Record - Resolution RES-2018-241

¨

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

¨

Supervisor's Appt

¨

Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

¨

¨

¨

¨

William P. Ruland

 

¨

¨

¨

¨

Jill Doherty

 

¨

¨

¨

¨

Robert Ghosio

 

¨

¨

¨

¨

Louisa P. Evans

 

¨

¨

¨

¨

Scott A. Russell

 

¨

¨

¨

¨

 

 

 

2018-242

CATEGORY:                            Special Events

DEPARTMENT:              Town Clerk

 

Southold Rotary Pet Friendly Fair

 

RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Rotary to hold a Pet Friendly Fair on September 15, 2018 from 9:00 am to 12:00 pm at Jean Cochran Park, Peconic, provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. Support is for this year only.   All Town fees for this event, with the exception of the Clean-up Deposit, are waived.

ü Vote Record - Resolution RES-2018-242

¨

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

¨

Supervisor's Appt

¨

Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

¨

¨

¨

¨

William P. Ruland

 

¨

¨

¨

¨

Jill Doherty

 

¨

¨

¨

¨

Robert Ghosio

 

¨

¨

¨

¨

Louisa P. Evans

 

¨

¨

¨

¨

Scott A. Russell

 

¨

¨

¨

¨

 

 

 

2018-243

CATEGORY:                            Budget Modification

DEPARTMENT:              Solid Waste Management District

 

2018 Budget Modification-SWMD

Financial Impact:

To provide appropriation for replacement of damaged flooring in employee trailer.

 

RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Solid Waste Management District budget as follows:

 

From:

SR 8160.2.500.250              Landscaping Equipment              $1,500

SR 8160.4.100.900              Landscaping Supplies                   700                                          Total              $2,200

                           

To:

SR 8160.4.100.800              Maintenance-Facilities/Grounds              $2,200                                          Total              $2,200

ü Vote Record - Resolution RES-2018-243

¨

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

¨

Supervisor's Appt

¨

Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

¨

¨

¨

¨

William P. Ruland

 

¨

¨

¨

¨

Jill Doherty

 

¨

¨

¨

¨

Robert Ghosio

 

¨

¨

¨

¨

Louisa P. Evans

 

¨

¨

¨

¨

Scott A. Russell

 

¨

¨

¨

¨

 

 

 

2018-244

CATEGORY:                            Attend Seminar

DEPARTMENT:              Police Dept

 

Police Department

 

RESOLVED that the Town Board of the Town of Southold hereby grants permission to Police Officers Marianne Allen, Laura Conlan and Katie Johnson to attend a seminar on Women in Law Enforcement in NYC on March 23, 2018. All expenses for travel to be a legal charge to the 2018 budget line A.3120.4.600.225 (meetings and seminars).

ü Vote Record - Resolution RES-2018-244

¨

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

¨

Supervisor's Appt

¨

Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

¨

¨

¨

¨

William P. Ruland

 

¨

¨

¨

¨

Jill Doherty

 

¨

¨

¨

¨

Robert Ghosio

 

¨

¨

¨

¨

Louisa P. Evans

 

¨

¨

¨

¨

Scott A. Russell

 

¨

¨

¨

¨

 

 

 

2018-245

CATEGORY:                            Employment - Town

DEPARTMENT:              Accounting

 

Appoint Gus Klavas PT Custodial Worker I

 

RESOLVED that the Town Board of the Town of Southold hereby appoints Gus Klavas to the position of part-time Custodial Worker I for the Department of Public Works, effective March 15, 2018 at a rate of $14.49 per hour, pending background search completion.

ü Vote Record - Resolution RES-2018-245

¨

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

¨

Supervisor's Appt

¨

Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

¨

¨

¨

¨

William P. Ruland

 

¨

¨

¨

¨

Jill Doherty

 

¨

¨

¨

¨

Robert Ghosio

 

¨

¨

¨

¨

Louisa P. Evans

 

¨

¨

¨

¨

Scott A. Russell

 

¨

¨

¨

¨

 

 

 

2018-246

CATEGORY:                            Budget Modification

DEPARTMENT:              Accounting

 

2018 Budget Modification- Capital

Financial Impact:

Establish Capital Budget for a sander purchase

 

WHEREAS the Town Board of the Town of Southold adopted a 2018 Capital Budget which includes an appropriation for a sander purchase, 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 2018 Capital Budget as follows:

 

Capital Project Name: Sander

Financing Method:              Transfer from the Highway Part Town Fund

 

Budget:              Revenues:

              H.5031.87              Interfund Transfers,             

                                          Sander Body              $32,558

                                          Total              $32,558

             

              Appropriations:

              H.5130.2.100.100              Machinery & Equip,

                                          Flow & Dump Sander Body              $32,558

                                          Total              $32,558

ü Vote Record - Resolution RES-2018-246

¨

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

¨

Supervisor's Appt

¨

Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

¨

¨

¨

¨

William P. Ruland

 

¨

¨

¨

¨

Jill Doherty

 

¨

¨

¨

¨

Robert Ghosio

 

¨

¨

¨

¨

Louisa P. Evans

 

¨

¨

¨

¨

Scott A. Russell

 

¨

¨

¨

¨

 

 

 

2018-247

CATEGORY:                            Budget Modification

DEPARTMENT:              Accounting

 

2018 Budget Modification- Highway

Financial Impact:

Move budget to cover oerage on capital purchase of sander

 

RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Highway Part Town Fund budget as follows:

 

From:

DB.5142.2.400.200              Snow Equipment              $558                                          Total              $558

                           

To:

DB.9901.9.000.100              Interfund Transfers, Capital              $558                                          Total              $558

ü Vote Record - Resolution RES-2018-247

¨

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

¨

Supervisor's Appt

¨

Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

¨

¨

¨

¨

William P. Ruland

 

¨

¨

¨

¨

Jill Doherty

 

¨

¨

¨

¨

Robert Ghosio

 

¨

¨

¨

¨

Louisa P. Evans

 

¨

¨

¨

¨

Scott A. Russell

 

¨

¨

¨

¨

 

 

 

2018-248

CATEGORY:                            Bid Acceptance

DEPARTMENT:              Highway Department

 

Accept Bid for Dump/Sander Combination

 

RESOLVED that the Town Board of the Town of Southold herby accepts the Office of General Services (OGS) Mini bid T18020006 price of $32,558.00 for one (1) Body Only-Air Flo 10 Foot Dump/Sander Combination from Trius Incorporated. This is to be a legal charge to the 2018 Capital project line of H.5130.2.100.100.

ü Vote Record - Resolution RES-2018-248

¨

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

¨

Supervisor's Appt

¨

Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

¨

¨

¨

¨

William P. Ruland

 

¨

¨

¨

¨

Jill Doherty

 

¨

¨

¨

¨

Robert Ghosio

 

¨

¨

¨

¨

Louisa P. Evans

 

¨

¨

¨

¨

Scott A. Russell

 

¨

¨

¨

¨

 

 

 

2018-249

CATEGORY:                            Employment - Town

DEPARTMENT:              Police Dept

 

Police Department-Advertise for TCO's

 

RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for two (2) weeks for Traffic Control Officers for the 2018 summer season at the hourly wage of $17.13 per hour

ü Vote Record - Resolution RES-2018-249

¨

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

¨

Supervisor's Appt

¨

Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

¨

¨

¨

¨

William P. Ruland

 

¨

¨

¨

¨

Jill Doherty

 

¨

¨

¨

¨

Robert Ghosio

 

¨

¨

¨

¨

Louisa P. Evans

 

¨

¨

¨

¨

Scott A. Russell

 

¨

¨

¨

¨

 

 

 

2018-250

CATEGORY:                            Employment - FIFD

DEPARTMENT:              Accounting

 

Amends Resolution 2018-020

 

RESOLVED that the Town Board of the Town of Southold hereby amends Resolution 2018-180 adopted on February 13, 2018 to read as follows:

 

RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted February 5, 2018 that appoints a part time Freight Agent effective March 9, 2018 at a rate of $15.00 per hour.

ü Vote Record - Resolution RES-2018-250

¨

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

¨

Supervisor's Appt

¨

Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

¨

¨

¨

¨

William P. Ruland

 

¨

¨

¨

¨

Jill Doherty

 

¨

¨

¨

¨

Robert Ghosio

 

¨

¨

¨

¨

Louisa P. Evans

 

¨

¨

¨

¨

Scott A. Russell

 

¨

¨

¨

¨

 

 

 

2018-251

CATEGORY:                            Contracts, Lease & Agreements

DEPARTMENT:              Town Attorney

 

Shared Service Agreement Between Town of Southold and Town of Shelter Island

 

RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Shared Service Agreement between the Town of Southold and the Town of Shelter Island related to the Town of Southold agreeing to share the service of its Engineering Department with the Town of Shelter Island, subject to the approval of the Town Attorney.

ü Vote Record - Resolution RES-2018-251

¨

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

¨

Supervisor's Appt

¨

Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

¨

¨

¨

¨

William P. Ruland

 

¨

¨

¨

¨

Jill Doherty

 

¨

¨

¨

¨

Robert Ghosio

 

¨

¨

¨

¨

Louisa P. Evans

 

¨

¨

¨

¨

Scott A. Russell

 

¨

¨

¨

¨

 

 

 

2018-252

CATEGORY:                            Budget Modification

DEPARTMENT:              Fishers Island Ferry District

 

2017 Budget Modification - FIFD

Financial Impact:

to cover over expenditures

 

RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated March 5, 2018, which amended the    2017 Fishers Island Ferry District budget in the amount of $500.00.

ü Vote Record - Resolution RES-2018-252

¨

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

¨

Supervisor's Appt

¨

Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

¨

¨

¨

¨

William P. Ruland

 

¨

¨

¨

¨

Jill Doherty

 

¨

¨

¨

¨

Robert Ghosio

 

¨

¨

¨

¨

Louisa P. Evans

 

¨

¨

¨

¨

Scott A. Russell

 

¨

¨

¨

¨

 

 

 

2018-253

CATEGORY:                            Employment - Town

DEPARTMENT:              Accounting

 

Accepts Resignation of Susan Horn

 

RESOLVED that the Town Board of the Town of Southold hereby finalizes the resignation of Susan E. Horn from the position of School Crossing Guard-Fishers Island for the Police Department, last check date was October 11, 2012.

ü Vote Record - Resolution RES-2018-253

¨

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

¨

Supervisor's Appt

¨

Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

¨

¨

¨

¨

William P. Ruland

 

¨

¨

¨

¨

Jill Doherty

 

¨

¨

¨

¨

Robert Ghosio

 

¨

¨

¨

¨

Louisa P. Evans

 

¨

¨

¨

¨

Scott A. Russell

 

¨

¨

¨

¨

 

 

 

2018-254

CATEGORY:                            Attend Seminar

DEPARTMENT:              Solid Waste Management District

 

Organics Seminar Attendance

 

RESOLVED that the Town Board of the Town of Southold hereby grants permission to

Solid Waste Coordinator Bunchuck to attend a seminar on best practices for Managing Organics in the Waste Stream, on March 27-28, 2018 in Poughkeepsie, NY.  All expenses for registration, travel, and lodging to be a legal charge to the 2018 SWMD budget (meetings and seminars).

ü Vote Record - Resolution RES-2018-254

¨

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

¨

Supervisor's Appt

¨

Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

¨

¨

¨

¨

William P. Ruland

 

¨

¨

¨

¨

Jill Doherty

 

¨

¨

¨

¨

Robert Ghosio

 

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Louisa P. Evans

 

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Scott A. Russell

 

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2018-255

CATEGORY:                            Local Law Public Hearing

DEPARTMENT:              Town Clerk

 

Amend 2018-165 PH 3/27 @ 4:30 Pm - Chapter 205

 

WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 16th day of January, 2018, a Local Law entitled “A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events” 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 27th 13th day of February March, 2018 at 7:30 4:30 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 205, Public Entertainment and Special Events” reads as follows:

 

LOCAL LAW NO.      2018

 

A Local Law entitled, “A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events”.

 

BE IT ENACTED by the Town Board of the Town of Southold as follows:

 

Chapter 205. Public Entertainment and Special Events

Article I. General Provisions

§ 205-1. Purpose.

It is the intent of this chapter to establish procedures and requirements for conducting special events in the Town of Southold to preserve the public peace, good order and the integrity of the use regulations established under the Zoning Code, to properly provide for the health, safety and welfare of the general public and to provide penalties for violations of the provisions herein.

 

§ 205-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

 

PARKING CAPACITY For the purposes of this chapter, parking capacity shall be the number of cars, limousines or buses permitted on the site according to a site plan approved by the Town of Southold Planning Board.

 

SPECIAL EVENT Any temporary gathering, demonstration, performance, exhibition, amusement or activity that is not currently a permitted use of the property in the applicable zoning district or which requires a parking area to accommodate all vehicles transporting attendees to the event that is larger than the existing parking capacity of the site that is conducted or sponsored by a person, organization, entity or association, including, but not limited to, carnivals, circuses, fairs, bazaars, outdoor shows and concerts, parades, walks, runs, marathons, bicycle races or motorcycle rallies, which may involve one or more of the following:

A.  The closing of a public street.

B.  The use, blocking or restriction of Town property, roads or rights-of-way;

C.  The use of amplified sound exceeding the standards set forth in Chapter 180 of the

              Town Code.

D.  The sale of merchandise that is not ordinarily sold in the normal course of the

              applicant's business.

E.  The sale or service of food to the public with the exception of the following:

(1)  On land used in agricultural production, the sale or service of food products composed primarily of ingredients produced on site; or

(2)  On land used in agricultural production that maintains a winery or farm winery license issued by the New York State Liquor Authority, the sale or service of food items which customarily complement wine tastings and that are ordinarily consumed while standing or walking and without the need for utensils.

F.  The substantial increase or disruption of the normal flow of traffic on any street or highway.

G.  The placement of portable toilets.

H.  The placement of temporary no-parking or directional signs or banners.

I.  The use of any Town services that would not be necessary in the absence of such an event.

SPECIAL EVENT COMMITTEE

The Special Even Committee, also referred to in his chapter as the “Committee” shall review applications forwarded to it by the Town Clerk’s Office.  The Committee shall make determinations as to the completeness of the application, request further documentation as it deems necessary as set forth in this Chapter, and make recommendations to the Town Board as to whether the application should be granted or denied.  The Committee shall consist of: the Government Liaison Officer, who shall act as the Chairperson; the Chairperson of the Zoning Board of Appeals or his or her designee; the Planning Director or his or her designee; the Chief of Police, or his or her designee, and; the Chief Building Inspector, or his or her designee.  The Town Attorney shall act as counsel to the Committee.  The Town Board shall appoint a secretary to assist the Committee in the processing of applications.

 

§ 205-3. Permit required.

A.  To preserve public peace, good order and the health, safety and welfare of the residents of the Town of Southold, special events shall be prohibited in the Town of Southold unless a special event permit is obtained in accordance with the requirements set forth in this chapter and as follows:

 

(1)  All special events on private property and with an expected attendance of less than 1,000 attendees shall obtain approval of the Chairperson of the Zoning Board of Appeals in accordance with the terms set forth in Article II of this chapter shall require the issuance of a Special Event Permit by a resolution of the Town Board.

 

(2) All special events on private property with an expected attendance exceeding 1,000 attendees or special events on Town property shall obtain the approval of the Town Board as set forth in Article III of this chapter.

 

 

B.  The provisions of this chapter shall not apply to:

 

(1)  Any event held on property owned by any special district that is contained on site and has adequate parking, ingress, egress, traffic control and sanitary facilities to host such an event;

 

(2)  Any event held on property owned by a not-for profit for its own fundraising that is contained on site and has adequate parking, ingress, egress, traffic control and sanitary facilities to host such an event;

 

(3)  Occasional events on private residential properties hosted by the owner thereof to celebrate family events, holidays, charitable or other not-for-profit fundraisers; however, any use of residential property for profit, such as a venue for weddings or other events, is prohibited.

 

Article II. Special Events Requiring Chairperson of Zoning Board of Appeals Approval Permit Application Requirements and Procedure

§ 205-4. Application requirements.

The following information and materials are to be submitted with an application for a special event permit.  The Zoning Board of Appeals office may accept a single application for a recurring event or a series of similar events (not to exceed six in a three-month period) that are of like size and scope.

 

A.  A completed special event application form which includes the following information:

 

(1)  The name, address and telephone number(s) of the person(s) who will be organizing the event and who can be contacted prior to and during the event by Town officials.

(2)  The address of the event location.

(3)  The proposed dates and hours of the special event, including setup and shutdown times.

(4)  The expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators/participants.

(5) Expected number of automobiles and other vehicles intended to use the property at one time and collectively.

(6)  The name, address and telephone number of the person(s) who will be engaged in the preparation and/or sale of food, alcohol, or beer and a copy of the State Liquor Authority license and County Department of Health Services permit number for the activity.

(7)  The name, address and cellular telephone number of any security company which will work on the premises, and a description of the duties to be performed.

 

(8)  The dimensions of any tents to be utilized for the event. All tents erected in connection with an event will require an application to, and the approval of, the Building Department.

 

(9)  Certification that the property where the event is to take place is not subject to any covenant or restriction limiting its use, or if the use is restricted by easement or otherwise, a copy of a survey or diagram depicting the easement area and any reserved area where development rights are intact.

 

(10)  The applicant must provide a certificate of general liability insurance naming the Town of Southold as an additional insured with limits of $1,000,000 per occurrence or such other limit as may be required by the Town Board for events where expected attendance exceeds 500 attendees.

 

B.  The appropriate An application fee. 

 

(1)              The fees for Special Event permits shall be proscribed by a resolution of the Town Board in the following amounts for each event:

 

(1)  For events where the expected attendance is less than 500 attendees: $150.

 

(2)  For events where the expected attendance is 500 to 1,000 attendees: $250.

 

(3)  Applications that are submitted less than 60 days prior to the proposed event may be rejected or subject to a late processing fee of $250.

 

 

C.  A general description of the proposed event including:

 

(1)   The purpose of the event and description of the nature of the activities to be carried on and the admission fee to be charged, if any.

 

(2)  The names of groups, organizations, charities or individuals who shall benefit from the proceeds of the event.

 

D.  A parking/event plan showing:

 

(1)  The size of the property and its location in relation to abutting streets or highways.

 

(2)  The size and location of any existing building(s) or structure(s) that will be in operation during the course of the event and any proposed building, structure or signs to be erected temporarily for the event.

 

(3)  The location of the stage or tents, if any.

 

(4)  The designated areas of use for spectators, exhibitors, vendors, employees and organizers.

 

(5)  The location of all exits.

 

(6)  The location of all fire extinguishers and other fire safety equipment.

 

(7)  The location of all temporary utilities to be installed for the event, if any.

 

(8)  The layout of any parking area for automobiles and other vehicles and the means of ingress and egress for such parking areas. The parking spaces must allow for 300 square feet per car.

 

(9)  A traffic control plan for vehicles entering and leaving the site for the proposed event.

 

(10)  A plan for the use of live outdoor music, loudspeakers and other sounds which will be used, if any, and the type and location of speakers and other audio equipment.

 

(11)  A description of emergency access and facilities related to the event.

 

(12)  Provisions to dispose of any garbage, trash, rubbish or other refuse.

 

(13)  The location and a description of any additional lighting to be utilized in conjunction with the event.

 

(14)  The location of sanitary facilities on site.

 

E.  A description of any signage to be displayed adjacent to a Town, county or state road, including size, location and dates of display.

 

F.   A certificate of insurance not less than $2,000,000 naming the Town of Southold as an additional insured.

 

         G.  A minimum cleanup deposit of $250.

 

 

F.H. The Chairperson Town Board may require the applicant to send and provide certification that written notice was sent to every property owner abutting or adjacent to the property where the event is to be held, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the property that is the subject of the application. Said notice shall include the date, time and location of the proposed special event.

 

G.I. Notwithstanding the foregoing, the Chairperson of the Zoning Board of Appeals Town Board, upon request by an applicant, may waive in whole or in part any of the foregoing application requirements upon a finding that said requirements are not necessary for proper consideration of a permit application in accordance with the standards set forth in § 205-5E(1) through (15) or for the protection of health, safety and welfare. The Town Board’s determination of any waiver request shall be in writing to the applicant and shall specify the reason for the grant or denial. If a waiver is granted, the Town Board may attach appropriate conditions to protect the public interest.

§ 205-5. Application review procedure and standards.

A.  All applications for a special event permit must be submitted at least 60 days prior to a proposed event to the Zoning Board of Appeals  Town Clerk’s Office.  Any application that is not complete may not be accepted and or processed.  Upon receipt of an application for a special event permit, the Town Clerk shall cause the application to be forwarded to the Special Event Committee.

 

B.  Upon receipt of an application, the Committee shall review the application and make a determination as to completenessWhen the Chairperson of the Zoning Board of Appeals Upon making a determination that the application is complete, determines said application is complete, the Chairperson Committee shall cause the application and related documentation to be distributed to any Town, county or state agencies that may have jurisdiction over the event for their review and comment on any of the criteria set forth in § 205-5E of this article. Such referrals may include the Police Department, the Planning Department, the Building Department, the Office of the Zoning Board of Appeals, the Suffolk County Planning Commission, the Land Preservation Department, the Code Enforcement Department, the Fire Inspector Marshal, the Assessors’ Office and/or the Town Attorney.

 

C.  Upon receipt of comments, the the Chairperson of the Zoning Board of Appeals Committee shall review the complete application and make a recommendation to the Town Board as whether to grant the application, deny the application, or grant the application with conditions.  In considering whether to recommend approval or denial of the application, the Committee shall consider the criteria set forth in subsection “E” of this section. determine whether to require revisions to the proposed event application.

 

D.  If no revisions are required, or upon the submission of a revised application, the Chairperson of the Zoning Board of Appeals may deny or approve the application with conditions The Committee shall make a recommendation to the Town Board within 30 days of receipt of a complete application.

 

E.  Upon receipt of an application from the Special Events Committee, the Town Board shall review the application and make a determination whether to; grant the application as applied for, deny the application, or grant the application with conditions.  In making its determination the Town Board shall consider the following:

(1)  The size and capacity of the site to accommodate the proposed event.

(2)  The facilities available.

(3)  The availability of highways and other means of transportation to and from the site.

(4)  The impact of the event on the safe and orderly movement of traffic within and contiguous to the event.

 

(5)  The need for the Town to police such event, and whether the number of police officers assigned to properly police such event will prevent the Town from providing adequate police protection to the remainder of the Town.

 

(6)  The impact of the event on fire and police protection and ambulance service to the areas contiguous to the event and to the Town in general.

 

(7)  The impact of the event on the movement of firefighting equipment or ambulance service to the Town or to areas contiguous to the event.

 

(8)  The impacts on adjacent property owners and the surrounding neighborhood.

(9)  Whether the owner, applicant or event sponsor has violated a previously issued special event permit.

(10)  Verification that there are no outstanding violations on the property at which the event will be held or any outstanding or unsatisfied conditions of a Town agency approval, including, but not limited to, those of the Planning Board or the Zoning Board of Appeals.

 

(11)  Verification that the grant of the permit will not violate any existing covenants or easements on the property.

 

(12)  Whether a permit has been granted for a prior event that was the same or substantially similar in size and scope to the event applied for and/or resulted in the impacts defined in Subsection E(4), (5), (6), (7) and (8) above.

 

(13)  Whether the frequency of prior or proposed special events on the site constitutes a change or intensification of the permitted use of the property necessitating a use variance or further site plan review.

 

(14)  If an applicant is requesting a special event permit that was held the previous year, the verification must be submitted from those charities listed on the previous application.

 

(15)  Any other matters that relate to the health, safety and welfare of the general public.

 

F.  A deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police and highway costs associated with the event. After the event, the deposit will be used to cover such costs, and any monies remaining will be returned to the applicant.

 

G.  Where the Town determines that there is no specific Town benefit from the event or that the event is conducted for profit, an additional deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police, highway and cleanup costs associated with the event. After the event, the deposit will be used to cover such costs, and any monies remaining will be returned to the applicant.  If the costs incurred by the Town exceeds the amount deposited, the applicant shall be responsible for the additional costs incurred by the Town as a result of the Special Event.

 

H. A special event permit is not transferable and shall expire at the close of the event(s) for which it is issued.

 

I.  The special event permit issued hereunder shall be displayed on the premises during the special event and shall be available for inspection by a police officer or other enforcement officer of the Town upon request.

 

J.  Applications for tent permits required for any event must be submitted directly to the Building Department.

 

K.  At the sole discretion of the Committee, applications that are submitted less than 60 days prior to the proposed event may be rejected or be considered subject to the applicant paying a late processing fee.

 

§ 205-6. Appeal from denial of a special event permit.

An applicant who is denied a permit by the the Chairperson of the Zoning Board of Appeals Town Board may apply to the Town Board for reconsideration of the application by filing an appeal with the Town Clerk within 10 days of the date of the denial. A complete copy of the application submitted to the Office of the Zoning Board of Appeals shall accompany the request for reconsideration. The Town Board may, following a public hearing, affirm, amend or reverse the determination the Chairperson of the Zoning Board of Appeals its prior decision subject to any conditions deemed appropriate under the circumstances.

 

Article III. Special Events Requiring Town Board Approval

§ 205-7. Events held on Town lands or events exceeding 1,000 attendees.

A.  Any event held on property owned, leased or controlled by the Town or any event where the expected attendance exceeds 1,000 people shall be subject to approval by resolution of a majority of the Town Board following the submission of an application to the Town Clerk 60 days prior to the proposed event. In reviewing applications for such events, the Town Board may consider the following criteria in addition to the criteria set forth in § 205-5E above:

(1)  The size of the premises in relation to the number of people attending the event.

(2)  The sufficiency of arrangements made to control traffic, parking, noise, lighting and refuse.

(3)  The frequency of events proposed or approved for the premises and whether the frequency is so great that the events constitute a persistent usage of the property incompatible with its character or with that of the surrounding area.

(4)  Conflicts with ordinary public use of the land, roads or facilities involved.

(5)  Whether the applicant has been convicted for failure to comply with the terms of this chapter within the past three years.

(6)  Adherence to the Town Board policy of discouraging events at Town beaches and parks from the Friday before the observance of Memorial Day until Labor Day.

(7)  If two or more events with an expected attendance of more than 1,000 people are scheduled for the same date and are within a half-mile radius of each other, the Town Board will determine if there are adequate resources for the events. If there are not sufficient resources to ensure public health and safety, the Town Board shall deny one or more permits if the impacts of the events cannot be mitigated. When deciding which event to deny, the Town Board shall consider the following:

(a)  Whether the event is recurring.

(b)  Whether the site has been subject to a violation within the last three years.

(c)  The date the permit application was submitted.

(d)  If events occurred the prior calendar year, the Chairperson of the Zoning Board of Appeals shall consider what their impact was on that area of the Town.

(e) Whether the event will yield a donation to one or more local charities.

B.  For any special event that is to be held on land owned, leased or controlled by the Town of Southold, the application shall include the following:

(1)  A completed special event application form which contains the following information:

(a)  The name, mailing address, e-mail address and telephone number(s) of the person(s) who will be organizing the event and who can be contacted prior to and during the event by Town officials.

(b)  The proposed event location and type of event.

(c)  The proposed dates and hours of the special event, including setup and shutdown times.

(d)  The expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators/participants.

(e)  If there are any special requirements needed for the event, including, but not limited to, police presence or road closures.

(2)  An application fee in the sum of $250 for events where the expected attendance does not exceed 1,000 attendees.

(3)  A certificate of insurance not less than $2,000,000 naming the Town of Southold as an additional insured.

(4)  A minimum cleanup deposit of $250.

(5)  Where the Town determines that there is no specific Town benefit from the event or that the event is conducted for profit, an additional deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police, highway and cleanup costs associated with the event. After the event, the deposit will be used to cover such costs, and any monies remaining will be returned to the applicant.

(6)  Any additional information required by the Town Clerk.

C.  For any special event where the expected attendance exceeds 1,000 attendees, the application shall include all information required under § 205-4A , as well as the following:

(1)  An application fee of $350.

(2)  A certificate of insurance not less than $2,000,000 naming the Town of Southold as an additional insured.

(3)  The Town Board may require the applicant to send and provide certification that written notice was sent to every property owner abutting or adjacent to the property where the event is to be held, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the property that is the subject of the application. Said notice shall include the date, time and location of the proposed special event.

D.  Notwithstanding the foregoing, the Town Board, upon request by an applicant, may waive in whole or in part any of the foregoing application requirements upon a finding that said requirements are not necessary for proper consideration of a permit application or for the protection of health, safety and welfare. The Town Board resolution shall specify the reason for the grant or denial. If a waiver is granted, the Town Board may attach appropriate conditions to protect the public interests.

 

Article IV III. Enforcement

§ 205-8. Modification or rescission of permit.

If, after a permit is issued, the Chairperson of the Zoning Board of Appeals or the Town Board determines that any of the representations and/or statements contained in the application are materially inaccurate or any of the conditions of the permit have not been complied with, the Town may serve the permittee's agent a notice of rescission of special permit specifying the manner in which the permittee has not complied with the terms of its permit and/or identifying the incorrect information supplied in the application. The Zoning Board of Appeals Chairperson or the Town Board may, for good cause, modify or rescind such permit, absolutely or upon conditions.

§ 205-9. Penalties for offenses.

A.  It shall be unlawful for any owner, occupant or his/her agent or any other person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department, or to conduct any special event in a manner not in compliance with a permit issued pursuant to this chapter and with the provisions of this Code.

 

B.  For each offense against any of the provisions of this chapter or failure to comply with a written notice, directive or order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department within the time fixed for compliance therewith, the owner, occupant or his/her agent or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department shall be subject to the following:

 

(1)  Failure to obtain a permit. Any person conducting a special event that is regulated under this chapter without first obtaining a permit according to the procedures outlined herein shall be subject to a fine of not less than $500 and not more than $1,500.00 $3,000.00.

 

(2)  Failure to comply with the terms of a permit. Any person failing to comply with the terms of a permit shall be subject to a fine of not less than $500 and not more than $1,500.00 $3,000.00.

 

(3) For each subsequent offense of § 205-9B(1) or (2), violators shall be guilty of a misdemeanor and/or subject to a fine of not less than $500.00 $1,000.00 nor more than $5,000.

 

C.  No new special event permits will be issued to any property owner, occupant or his/her agent if such person is a named defendant in an outstanding or unresolved violation of this chapter.

 

D.  The Town may also maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of 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.

ü Vote Record - Resolution RES-2018-255

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Adopted

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Adopted as Amended

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Defeated

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Tabled

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Supervisor's Appt

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Tax Receiver's Appt

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Rescinded

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Town Clerk's Appt

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Supt Hgwys Appt

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No Action

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Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

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William P. Ruland

 

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Jill Doherty

 

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Robert Ghosio

 

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Louisa P. Evans

 

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Scott A. Russell

 

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2018-256

CATEGORY:                            Local Law Public Hearing

DEPARTMENT:              Town Attorney

 

Set PH 4/10/18 7:31 Pm - Chapter 280-13

 

WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th day of March, 2018, a Local Law entitled “A Local Law in relation to Amendments to Chapter 280-13 Accessory Apartments in Accessory Structures” 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 10th day of April at 7:31 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 280-13 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 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

                                                        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:

 

 

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.  

ü Vote Record - Resolution RES-2018-256

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Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

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Withdrawn

¨

Supervisor's Appt

¨

Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

¨

¨

¨

¨

William P. Ruland

 

¨

¨

¨

¨

Jill Doherty

 

¨

¨

¨

¨

Robert Ghosio

 

¨

¨

¨

¨

Louisa P. Evans

 

¨

¨

¨

¨

Scott A. Russell

 

¨

¨

¨

¨

 

 

 

2018-257

CATEGORY:                            Budget Modification

DEPARTMENT:              Accounting

 

2018 Budget Modification- DPW/Capital

Financial Impact:

Adjust capital budget for actual cost of vehicle

 

WHEREAS the Town Board of the Town of Southold adopted a 2018 Capital Budget which includes an appropriation for a truck with plow purchase, and

 

WHEREAS the cost of said project is slightly higher than anticipated, now therefore be it

 

RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town and Capital budgets as follows:

 

From:

A.1620.4.100.100              Buildings & Grounds, Misc Supplies              $75                                          Total              $75

                           

To:

A.9901.9.000.100              Transfer to Capital              $75                                          Total              $75

 

 

Capital Project Name: FY 2018 Truck-3500 4x4 with Plow

Financing Method:              Transfer from the General Fund Whole Town Fund

 

              Increase Revenues:

              H.5031.85              Interfund Transfers,

                                          Motor Vehicles               $75

                                          Total              $75

             

              Increase Appropriations:

              H.1620.2.200.200              DPW Truck & Plow              $75

                                          Total              $75

ü Vote Record - Resolution RES-2018-257

¨

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

¨

Supervisor's Appt

¨

Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain

Absent

James Dinizio Jr

 

¨

¨

¨

¨

William P. Ruland

 

¨

¨

¨

¨

Jill Doherty

 

¨

¨

¨

¨

Robert Ghosio

 

¨

¨

¨

¨

Louisa P. Evans

 

¨

¨

¨

¨

Scott A. Russell

 

¨

¨

¨

¨

 

 

 

2018-258

CATEGORY:                            Employment - Town

DEPARTMENT:              Accounting

 

Acknowledges the Intent to Retire Henry Santacroce

 

WHEREAS, the Town of Southold has received notification via U.S. Mail on March 14, 2018 from the NYS Retirement System concerning the retirement of Henry Santacroce effective March 29, 2018 now therefore be it

 

 

RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Henry Santacroce from the position of Sergeant for the Police Department, effective March 29, 2018.

ü Vote Record - Resolution RES-2018-258

¨

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

¨

Supervisor's Appt

¨

Tax Receiver's Appt

¨

Rescinded

¨

Town Clerk's Appt

¨

Supt Hgwys Appt

¨

No Action

¨

Lost

 

 

Yes/Aye

No/Nay

Abstain