HomeMy WebLinkAboutAG-07/28/2026 WS Denis Noncarrow Town Hall, 53095 Main Road
Town Clerk " , P.O. Box 1179
Registrar of Vital Statistics ` Southold, New York 11971
Marriage Officer ; Fax (631) 765-6145
Records Management Officer Telephone (631) 765-1800
Freedom of Information Officer COUN www.southoldtownny.gov
Office of the Town Clerk
Town of Southold
Agenda
Work Session Agenda
Southold Town Board
July 28, 2026
9:00 AM
PUBLIC NOTICE: The Town Board Work Session will be now be held in Southold Town Hall,
located at 53095 Main Road, Southold, NY 11971.
PUBLIC ZOOM LINK:
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I. Discussion Items- Southold Town Board Work Session
1. 09:00 AM-John Sepenoski, Land Management Coordinator/GIS Tech. III with
Taralynn Reynolds of Group for the East End
Update on Downs Farm Preserve and NYS Birding Trail Nomination
2. 09:15 AM-John Sepenoski, Land Management Coordinator/GIS Tech. III
Eagle Scout Projects at Downs Farm Preserve
3. 09:30 AM-Nick Krupski, Solid Waste Coordinator
1. C&D and Recycling Contracts Pricing and Tip Fees
2. Resolution for H2M Consulting Proposals
4. 09:45 AM- Councilwoman Anne Smith, Chief Steven Grattan and
Superintendent of Highways Dan Goodwin
Transportation Commission Update on Site Visits
1. Main Bayview Road/Baywater Avenue
2. State Route 25 Between Silvermere Road and Moores Lane
5. 10:00 AM- Members of the Historic Preservation Commission with Rev. Dr.
Cosby and Pamela Rollins, Trustee of the Shiloh Baptist Church
HPC Recommendation and Shiloh Baptist Church Request for Inclusion on the
Town's Historic Registry
Page 1 of 39
6. 10:15 AM- Town Board Break
7. 10:30 AM-Andrea Sullivan, Community Development Project Supervisor with
Julie McGivney,Assistant Town Attorney
Down Payment Assistance Program Review, Community Housing Advisory Board
Appointments and Rental Rates for 2026
8. 11:00 AM- Heather Lanza, Town Planning Director with Mara Cerezo, Planner
Coastal Resilience & Zoning Update
9. Data Centers
10. Coastal Erosion Hazard Board of Review Appeal: Julia Mavellia- 1525 North Sea
Drive, Southold- Set Public Hearing
11. Special Town Board Meeting: July 29th at 8:OOAM with the Public Safety Task
Force
12. TA Ben Johnson
Foil Denial of Appeal- Land Preservation/Chicken Farm
13. 12:00 PM - Town Board Lunch Break
14. Executive Session -Labor-Matters Involving the Employment/Appointment of a
Particular Person(s)
12:30 PM -Nick Krupski, Solid Waste Coordinator
12:45 PM - Erick Haas, Town Maintenance Supervisor
01:00 PM - Councilman Brian Mealy re: Conservation Advisory Council Member
0 1:15 PM - Supervisor Krupski re: HPC Clerical
15. Executive Session - Potential Acquisition(s), Sale, or Lease of Real Property
Where Publicity Would Substantially Affect the Value Thereof
Ol:30 PM - Lillian McCullough, Land Preservation Executive Assistant
02:00 PM - Planning and Community Development Dept.
16. Executive Session - 02:15 PM- Legal Advice- Public Safety Matters
Page 2 of 39
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Community Housing Fund (CHF)
DOWN PAYMENT ASSISTANCE LOAN — PROGRAM
GUIDELINES
Town of Southold
Prepared by Andrea Sullivan, Community Development Project Supervisor
and Julie McGivney,Assistant Town Attorney
CONTENTS
SECTIONI—DEFINITIONS................................................................... ................................... ................... .o-,.2
SECTION II—PROGRAM OVERVIEW AND ELIGIBILITY..............................................,.... ............,..............v......
OVERVIEW...................................................................................................................................................
APPLICANT ELIGIBILITY CRITERIA...............................................................m. .....v....,...,..,.....,...........,.......,.,.3
PROPERTY ELIGIBILITY CRITERIA..............................................................................................o,.,.,,,..........,.4
SECTION III—APPLICATION THROUGH CLOSING ................................ ............................................................
APPLICATIONSUBMISSION..........................................................................................................................
APPLICATION RESTRICTIONS.............................................................. .........................................................5
PURCHASERCERTIFICATE ....................................................................................................... ....................
CLOSING ...................................................................................... _7
7
SECTION IV—ON-GOING PROGRAM COMPLIANCE.......................................................................... ..............y
ANNUAL COMPLIANCE REQUIREMENTS AND RE-CERTIFICATION ..............a.............,......,...,.,.,,.....,,,.,..,,, 7
FAILURETO COMPLY........................................................................................................................v..,...,....7
Page 1 of 7
Page 8 of 39
` Town of Southold 7/10/2026
Planning and Community Development Department
0CHF Down Payment Assistance Loan—Program Guidelines
k
.„�,�,�s�=0 For Discussion Purposes Only
SECTION I - DEFINITIONS
For purposes of understanding the outlined policy, the following definitions apply.
Term Definition
Applicant An individual who submits an application for entry into the
Program and is assigned a Purchaser Certificate.
Eligible Individual A household with an income that does not exceed 100%of the
income limits as established by the state of New York mortgage
agency low-interest rate loan program in non-target categories
for Suffolk County in effect on the contract date for the sale of
such property. (See chart that follows below)
First-Time Homebuyer An eligible individual who has not owned a primary residential
property and is not married to a person who has owned a
residential property during the three-year period prior to his or
her purchase of the primary residential property, and who does
not own a vacation or investment home.
Purchase Price Limit A primary residential property for an eligible individual that does
not exceed one hundred fifty percent of the purchase price limits
established by the state of New York mortgage agency low-
interest rate loan program in non-target categories for Suffolk
County in effect on the contract date for the sale of such
property.
Southold Town Resident A person who is currently a resident of the Town or a non-
resident who has been a resident of the Town within the past five
yea rs.
Primary Residential Property Any one-or two-family house, townhouse, or condominium.
Mortgage Counseling Certificate A certificate issued by a HUD-certified housing counseling agency
confirming that an Applicant has successfully completed required
mortgage counseling or homebuyer education in accordance with
Program requirements.
Page 2 of 7
Page 9 of 39
10,
Town of Southold 7/10/2026
Planning and Community Development Department
�a CHF Down Payment Assistance Loan—Program Guidelines
)Aw, rc,, For Discussion Purposes Only
SECTION II - PROGRAM OVERVIEW AND ELIGIBILITY
OVERVIEW
The First-Time Homebuyer Down Payment Assistance Loan Program will operate on a first-come, first-
served basis through December 31, 2028, or until all available funds have been exhausted.The funding
allocation for January 1, 2027 through January 1, 2028 is$1.S million.
The Town of Southold will offer eligible first-time homebuyers zero-interest, deferred payment loans from
the Community Housing Fund of up to 18%of the purchase price towards a Primary Residential Property to
income eligible Southold Town Residents hoping to purchase a home within the Town of Southold.
Financial assistance through this program shall be fully repaid by the recipient upon the resale of the home
or upon refinance of the primary mortgage for purposes of cash-out equity. Applicants must have a
minimum of 2%of the projected purchase price deposited into their bank at the time of application and
provide proof of same.
Applicant must have not already entered into a contract of sale at the time of at the time of application to
the program.
The Town of Southold reserves the right to reduce the amount of Down Payment Assistance provided to an
Applicant to ensure the assistance is limited to the amount that is reasonably necessary to make the
purchase of the Primary Residential Property affordable and financeable. Pursuant to New York Town Law§
64-k, in no event shall the assistance provided to an eligible applicant exceed 50%of the total purchase
price of the Primary Residential Property.
APPLICANT ELIGIBILITY CRITERIA
Applicant must be able to Qualify fora Mortgage.An applicant must have sufficient resources and credit to
qualify for a mortgage from a licensed and accredited FNMA/FMAC lending institution. Please see Section
III for applicable restrictions.
Applicant must contribute a minimum of 2%toward the purchase price of the home. The 2% buyer
contribution must be deposited in the bank at the time of application submission.
Applicant must be a First-Time Homebuyer. Pursuant to New York Town Law§64-k, a First-Time Homebuyer
means an eligible individual who has not owned a primary residential property and is not married to a
person who has owned a residential property during the three-year period prior to his or her purchase of
the primary residential property, and who does not own a vacation or investment home.
Applicant must be a Southold Town Resident. Pursuant to New York Town Law§ 64-k, "A resident of the
Town" shall include a person who is currently a resident of the Town or a nonresident who has been a
resident within the past five years.
Page 3 of 7
Page 10 of 39
Town of Southold 7/10/2026
/"" u ,40a
't, Planning and Community Development Department
a CHF Down Payment Assistance Loan—Program Guidelines
For Discussion Purposes Only
Applicant must be Income Eligible. Pursuant to New York Town Law § 64-k, an Income Eligible Individual
means a household that does not exceed 100%of the income limits as established by the state of New York
mortgage agency(SONYMA) low-interest rate loan program in non-target categories for Suffolk County in
effect on the contract date for the sale of such property.
For 2026, those income limits are:
1 &2 Person 3+Persons
$197,160 $230,020
PROPERTY ELIGIBILITY CRITERIA
Applicant must adhere to 150%of the SONYMA Purchase Price Limits. Pursuant to New York Town Law
§ 64-k, the purchase price limits for a primary residential property for an eligible individual do not exceed
150%of the purchase price limits established by the state of New York mortgage agency low-interest rate
loan program in non-target categories for Suffolk County in effect on the contract date for the sale of such
property.
For 2026 the purchase price limits are capped at:
SONYMA Maximum Purchase Price Limits for 2026
1-Family Home 2-Family Home
$1,960,45 5 $2,510,160
The purchase price of the home cannot exceed the reflected price above after closing.
lMortont Note:This Program Does Not Automatbcall Exewr tw)"gu rom the Community Preservation Fund
Real Estate Trans r Tax. The following overview is provided for informational purposes only.
Being approved for the Community Housing Fund Down Payment Assistance Program does not
automatically exempt an applicant from paying the 2.5% Peconic Bay Region Community Preservation Fund
transfer tax when purchasing a home.This Program and the transfer tax exemption are two separate
matters governed by two separate sets of rules; qualifying for one does not mean an applicant qualifies for
the other.To be exempt from the transfer tax as a first-time homebuyer in the Town of Southold, an
applicant must meet both of the following criteria pursuant to New York Tax Law§ 1449-EE(4):
• The home's price must be$784,182 or less.
• The applicant's household income must be$197,160 or less.This figure does not increase with
household size, which means a larger household (3 or more people) may still qualify for this
Program's assistance while remaining responsible for paying the 2.5%transfer tax.
Applicant must ensure Town Code compliance.The Primary Residential Property must have a valid and
current Certificate of Occupancy for all structures requiring the same on the property.
Page 4 of 7
Page 11 of 39
Town of Southold 7/10/2026
` � Planning and Community Development Department
0 CHF Down Payment Assistance Loan—Program Guidelines
For Discussion Purposes Only
SECTION III - APPLICATION THROUGH CLOSING
APPLICATION SUBMISSION
Applicants must submit a complete application to (THIRD PARTY) either by mail or through
its online application portal. Applications will be accepted on a rolling basis until the Town announces that
available funding has been exhausted or the Program deadline has been reached, whichever occurs first.
Incomplete applications will not be accepted or processed.
A complete application will include:
❑ Signed and dated Community Housing Fund Down Payment Assistance Application. (See attached)
❑ Two months of current consecutive pay stubs showing year-to-date gross earnings for all
household members over 18 years of age. If year-to-date earnings are not included on pay stubs, a
letter signed by your employer on company letterhead is required. Letter must state your
title/position, annual salary and/or rate of pay, with number of weekly hours worked. Additional
pay stubs or other documentation to verify income may be required.
❑ Copies of your signed IRS 1040-Federal Tax Returns with all required schedules and W-2
statements for the last three years. If you file electronically, your signature on all schedules before
sending them will be required.
❑ Copies of documentation for Social Security Benefits, Disability Income, Pension Income,
Unemployment, etc. (if applicable).
❑ Four current consecutive bank/financial statements with all pages for each applicable bank
account. A minimum of 2%of the purchase price of the subject property is required.
❑ Separation agreement or divorce decree (if applicable).
❑ An applicant, along with each individual named on the mortgage must attend a mortgage
counseling session from a L.IQQ certified ncat fors-f°Lr L�t loud.,gj,lec°uc
APPLICATION RESTRICTIONS
• Applications submitted by an LLC will not be accepted.
The applicant must not have entered into a Contract of Sale to purchase the subject property prior
to being approved for the CHF Down Payment Assistance Program and issued a Purchaser
Certificate from the THIRD PARTY on behalf of the Town of Southold.
Private mortgages are not allowed. Mortgages must be obtained through a licensed and
recognized FNMA/FMAC lending institution and must be financed with a 30-year mortgage.
No short sales are allowed. No foreclosures are allowed.
No bank-owned properties are allowed.
• Non-occupying co-borrowers/co-signers/guarantors are not permitted.
• 100%financing is not permitted.
• Interest-only mortgages and adjustable-rate mortgages are not permitted.
• "No Doc" loans or no-income-check loans are not allowed.
• 80/20 loans are not allowed.
Page 5 of 7
Page 12 of 39
Ar��� µ� Town of Southold 7/10/2026
Planning and Community Development Department
CHF Down Payment Assistance Loan—Program Guidelines
w. " For Discussion Purposes Only
PURCHASER CERTIFICATE
Purchaser Certificate: Purchaser Certificates will be issued to qualified, income verified eligible applicants
on a first-come,first-served basis.This Purchaser Certificate, issued by (THIRD PARTY)
represents a sum of up to 18%of the home's purchase price to be applied toward the down payment of
the recipient's purchase of an owner occupied, primary residential property located within the Town of
Southold.
Applicants will be notified when all available Purchaser Certificates have been issued and a waiting list has
been established. Eligible applicants who are issued Purchaser Certificates will have 180 days from the date
the Purchaser'Certificate is issued to submit a fully executed Contract of Sale to the Community
Development Project Supervisor. Failure to return a fully executed Contract of Sale by that date shall result
in the automatic nullification of the Purchaser Certificate. As Purchaser Certificates are nullified, new
Certificates will be offered to eligible applicants in the order they appear on the waiting list.Applicants may
request a one-time extension of their Purchaser Certificate, to be granted at the sole discretion of the
Town.All such requests must be submitted in writing 15 days prior to the Purchaser Certificate expiration
date to the Community Development Project Supervisor and may grant up to a 30-day extension of the
Purchaser Certificate.
Upon entering into a contract to purchase a Primary Residential Property, applicants have 90 days to secure
a mortgage with a FNMA/FMAC lending institution and close title on the subject property.The Town of
Southold recommends that your Attorney or representative include a clause in your contract that nullifies it
in the event that you are found to be ineligible for the Down Payment Assistance Program.
Applicants are required to submit to the Town of Southold's Community Development Project Supervisor
the following documents as soon as they are available:
❑ Mortgage Counseling Certificate (copy)
❑ Fully executed Contract of Sale (copy)
❑ Mortgage Application (copy), also known as a Form 1003
❑ Appraisal of the subject property (copy)
❑ Mortgage Commitment(copy)
❑ Fully executed and notarized Down Payment Assistance Agreement, in the form of a Note and
Mortgage.
❑ Proof of Underwriting.
Failure to submit the required documentation outlined above will result in a nullified Purchaser Certificate
and the application to the program will be considered incomplete.
The Town of Southold reserves the right to nullify and/or void any Purchaser Certificate issued for the CHF
Down Payment Assistance Loan Program based on funding availability and any changes in eligibility status
prior to closing because funding is limited.
Page 6 of 7
Page 13 of 39
Town of Southold 7/10/2026
Planning and Community Development Department
jb � CHF Down Payment Assistance Loan—Program Guidelines
For Discussion Purposes Only
CLOSING
The funds will be provided to the applicant by the Town of Southold at the closing, the Community
Development Project Supervisor will attend the closing and will provide the check.The Down Payment
Assistance is a zero-interest deferred payment loan that will be re-paid when the house is sold, transferred,
cash-out refinanced, rented out or under any other condition in which the subject property is found to be
no longer the Recipient's primary residence. Recipients will be required to verify on an annual basis that
they are occupying the property as their primary residence.
SECTION IV - ON-GOING PROGRAM COMPLIANCE
ANNUAL COMPLIANCE REQUIREMENTS AND RE-CERTIFICATION
Applicant must reside in the property as their primary residence. An awarded applicant is required to reside
in this property for the entire life of the loan.
A monitoring affidavit will be mailed annually to the loan recipient to ensure the subject property is being
maintained and in compliance. If the annual affidavit is not successfully returned on the anniversary date of
the closing of the subject property, Southold town code enforcement reserves the right to perform an in-
person inspection of the home each year.The Annual Affidavit will verify compliance in accordance with
the following guidelines:
* Loan recipients are the current owners of the subject property.
+ The subject property is currently occupied as the loan recipient's primary residence.
• The subject property is properly insured and maintained in agreement with the terms of the Note
and Mortgage.
o No interest in the subject property has been sold, transferred, cash-out refinanced or rented out.
FAILURE TO COMPLY
The Town of Southold is not responsible to any party for the loss of a down payment or any other damages
which may arise as a result of the applicant's failure to adhere to the terms of the CHF Down Payment
Assistance Program Guidelines, as stated in this document.
Questions?
Andrea Sullivan—Community Development Project Supervisor
Email: andream southoldtownny_.&av
Phone:TBD
Page 7 of 7
Page 14 of 39
V- q
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Town of Brookhaven, New York
7/16/2026
Resolution
Title: Resolution of Adoption - Adding Chapter 17 of the Code of the Town of
Brookhaven Entitled "Moratorium" and Creating a New Article I entitled "Data Centers"
Department: Law Department Permissive No
Referendum:
Sponsors: Karen Dunne Kesnig, SEQRA Required: No
Councilwoman
Financial Impact
Reason
To enact a moratorium on Data Centers within the Town of Brookhaven.
Body
WHEREAS, proceedings have been duly had in accordance with Section 20 of the
Municipal Home Rule Law concerning the adoption of a Local Law; and
WHEREAS, a public hearing on said Local Law has been duly had in accordance with
said statute at which time parties in interest and citizens had an opportunity to be heard
and were heard; and
WHEREAS, that the Town Board, as Lead Agency, has determined that pursuant to
6NYCRR Part 617.5(c) 26 and 33 of the SEQRA regulations, the proposed action is
deemed to be a Type II action.
NOW, THEREFORE, BE IT RESOLVED, and be it enacted by the Town Board of the
Town of Brookhaven as follows:
Local Law Number 12 of 2026
Entitled "Local Law Enacting Chapter 17 of the Code of the Town of Brookhaven
Entitled "Moratorium" and Creating a New Article I Entitled "Data Centers Moratorium
Section 1. Legislative Intent. This local law would enact Chapter 17 (RESERVED),
entitled "Moratorium" to enact a temporary moratorium on Data Centers within the Town
of Brookhaven.
Section 2. Text Amendment. Chapter 17 of the Code of the Town of Brookhaven
entitled "Moratorium" is hereby adopted in its entirety by adding the words with
underlined as follows:
Page 15 of 39
Regular Meeting July 16, 2026 3:00 PM
Chapter 17 (RESERVED) MORATORIUM
Article I Data Centers Moratorium
§ 17-1 Purpose.
A. In order to address develorment of Data Centers within the Town of Brookhaven,
the Town Board heretofore directed the Commissioner of Planning, Environment and
Land Management to undertake in the development of a comprehensive zQ11ing
ordinance as to form specific rules for the location and installation of Data Centers in an
effort to guide develoRment of these facilities. The scale, ogerational characteristics,
and infrastructure reguirements distingUish Data Centers from typical commercial and
industrial uses. It is in the public interest to establish comgrehensive land use
regulations that will serve to protect the Town's natural resources: ensure compatibility
with surrounding land uses• promote sustainable and resilient develogment practices:
mitigate potential imeacts related to noise, heat, visual character, water and energy
con sumption; consider opgortunities for energy efficiency, renewable energy integration,
and resource management; and promote safe, secure, and efficient facility operation.
There is a need for further development of the issue of the impacts of Data Centers, and
the Town must take reasonable measures, temgorarily, to protect the public interest and
welfare until a comprehensive zoning ordinance is adopted.
B. Therefore, the Town Board of the Town of Brookhaven finds it prudent and
necessa[y to enact a moratorium to temporarily halt the construction of new Data
Centers during the development of comprehensive zoning ordinance. The moratorium,
short-term tempora[y halting of the construction of Data Centers, within the Town is not
intended to prohibit or have the effect of prohibiting Data Centers. Rather, the
moratorium enables the Town to fully assess sites, needs, and develop land use
regulations regarding the siting of such facilities which serves the best interests of the
Town its citizens and the environment.
C. Therefore, the Town Board of the Town of Brookhaven finds it prudent and
necessary to enact a moratorium applicable to Data Centers on the approval of certain
kinds of land uge a2plications and/or development pursuant to new land use
applications such as those for site plans, subdivision maps, land divisions, variances,
change of zoning district classifications for Data Centers. This moratorium is intended to
take reasonable measures temoorarily to protect the public interest and welfare until an
ordinance is finally adooted and to ensure that no approvals for such land use
application(s), as aforesaid, including said change of zone applications, be granted until
this Board may complete its planning studies and have opportunity to consider and
enact a comprehensive zoning ordinance, as appropriate,
-§ 17-2 Definitions.
For purposes of this chapter, the following definitions shall apply:
Data Center(s)
2 1 P a g e
Page 16 of 39
Regular Meeting July 16, 2026 3:00 PM
All principal and accesso[y buildings, structures, facilities, campus of facilities, or
portions thereof, including all associated eguipment, systems, utilities and infrastructure,
that is primarily used to house, operate, and maintain computer sy§tems, servers, data
storage devices, Al processing, cloud computing, web hosting, streaming supoort,
IaLge-scale computation and similar digital services, and related networking and
telecommunications eguipwent for the processing, storage, transmission, research, and
management of digital information. Nothing herein shall be construed to include
customary accesso!,y server rooms or network closets, telecommunication rooms for on-
site operations for office buildings.
§ 17-3 Prohibitions.
No new applications shall be reviewed and no applications, permits, licenses or
goprovals shall be granted by any officer, department, board or agency of the Town of
Brookhaven with respect to the erection, establishment, siting, location, construction,
modification or development of any data centers within the Town of Brookhaven from
adoption of this chapter until the expiration of the term of this chapter.
4, 17-,4 Exceptions,
The prohibition on the land use application shall not be applied with respect to
development pursuant to existing building permits or other application approvals and/or
pursuant to applications which are filed, duly accepted as complete and pending, as o
the effective date of this chapter herein. A complete application shall conform to and
comply with all applicable reguirements of Chapter 85 of the Code of the Town of
Brookhaven, the Planning Board regulations contained in the Code of the Town of
Brookhaven and all other agplicable state and local laws, rules and regulations.
§ 17-5 Hardship.
A. Should any owner of proe affected by this moratorium suffer an unnecessary
hardship in the way of car in out the strict letter of this moratorium, then the owner of
said 12rope[[y may apply to the Town Board in writing for relief from strict coml2fiance
with this moratorium upon submission of proof of such unnecessary hardship. For the
purposes of this moratorium, unnecessa[y hardship shall not be the mere delay in being
permitted to make an application or waiting for a decision on the application for a
building permit, site plan, subdivision, land division, variance, special germit, change of
zone, or other approval during the pedod of the moratorium.
B. Substantive requirements. No relief shall be granted hereunder unless the Town
Board shall specifically find and determine and shall set forth in its resolution granting
such exemption that:
(1) Failure to grant an exemption to the petitioner will cause the petitioner unnecessa
hardship, which hardship is substantially greater than any harm to the general Public
welfare resulting from the granting of the exemotion; and
3 1 P a g e
Page 17 of 39
Regular Meeting July 16, 2026 3:00 PM
(2) The grant of the hardship, even if the project oi-activity for which exemption is
sought is approved, will clearly have no adverse effects upon any of the Town"s goals or'
objectives in undertaking the development of a comprehensive zoning ordinance or in
ado tin this moratorium, including but not limited to effects resulting from uses
detrimental to the community's resources, from loss of potential open space including
areas important as wildlife habitat, or from other adverse environmental impacts', and
(3) The project or activity for which the petitioner seeks an exemption is in harmony with
the existing character of the communily as a whole and the area of the community in
which the property is located and is consistent with any interim data, recommendations,
or conclusions which may be drawn from the planning effort then in progress.
C. Procedure. Upon submission of a written aRplication to the Town Clerk by the
property owner seeking relief from this moratorium, the Town Board shall, within 30
daVs of receipt of said application, schedule a public hearing on said apl2lication upon
five days' written notice in the official newspaper of the Town. At said public hearina, the
prope[ty owner and any other parties wishing to present evidence with reg and 'to the
application shall have an opportunity to be heard, and the Town Board shall, within 30
days of the close of said public hearing, render its decision either granting or denying
the application for relief from the strict requirements of this moratorium. If the Town
Board determines that a property owner will suffer an unnecessa!y hardship if this
moratorium is strictly applied to a particular property, then the Town Board shall grant
relief from the moratorium to the minimum extent necessa[y to provide the property
owner relief from strict compliance with this moratorium.
-§ 17-6 Term.
This chapter shall expire on December 31, 2027,
§ 17-7 Supersession of Town Law,
This chapter is hereby adopted pursuant to Municipal Home Rule Law § 1 0(1)(i) and §
10(1)(ii)(a)(14) and Statute of Local Governments § 10(6) of the State of New York. It is
the intent of the Legislature, pursuant to Municipal Home Rule Law § 10(1)(ii)(d)(3), to
supersede the provisions of the Town Law Chapter 16, 4§ 264(1 2650), 267-a(5), (8),
(11), 274-a(8), (10), 274-b(6), (8), 276(5), (6), (8) (ands ecific reference to any local
laws incorporated relevant time limits) relating to time limits in connection with zoning
and planning determinations.
4 17-8 Severability,
If any part or provision of this chapter or the application thereof to any person or
circumstance be adiudged invalid by any court of competent jurisdiction, such judgment
shall be limited in its operation to the part or provision or application directly involved in
the controversy in which such judgment shall have been rendered and shall not affect or
impair the validity of the remainder of this chapter or the application thereof to other
persons or circumstances, and the Town Board of the Town of Brookhaven hereby
declares that it would have passed this chapter or the remainder thereof had such
4 ( Page
Page 18 of 39
Regular Meeting July 16, 2026 3:00 PIVI
invalid application or invalid provision been apparent.
Section 3. Authority. The Town Board is vested with the authorily pursuant to
Municipal Home Rule Law § 10(1)(i) and 10(1)(ii)(a)(14) and Statute of Local
Governments § 10(6) of the State of New York and New York State Town Law Article
16.
Section 4. Effective Date. This local law shall become effective immediately upon filing
with the Secretary of State of New York.
Check back soon after the meeting to view the final disposition of the resolution
ACTION: Adopt
BY THE BROOKHAVEN TOWN BOARD
MOTION TO: Adopt(Unanimous)
MOTION BY: Karen Dunne Kesnig
SECOND BY: Neil Foley
AYES: Jonathan Kornreich,Neil Manzella,Michael Loguercio,Neil Foley,
Daniel Panico, Karen Dunne Kesnig
ABSENT: Jane Bonner
5 1 Page
Page 19 of 39
V -1 0
1 -076" -a
TOWN OF SOUTHOLD
RECEIVE®
APPLICATIM R APPEAL T ,
nffi COASTAL E OS O AZA �B R �OF RE JUL -9 W
DATE Southold Town Clerk
NAME 0FAPPLICANT-------J,1 x! 0 U Lu A
ADDRESS: � 2 N
DATE OF'DECISION APPEALED FROM ls�az
��
SPECIFIC CHAPTER/SECTION,INVOLVED CfJ6 /
THE ALLEGED ERRORS IN THE DETERMINATION ARE
INTERPRETATION THAT IS CLAIMED TO BE CORRECT:
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RELIEF SOUGHT:_ aa r ^'��
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*COPY OF THE ENTIRE BOARD OF TRUSTEE FILE INCLUDING ANY
RELEVANT MAPS MUST BE ATTACHED TO THIS APPEAL
SIGNA OF APPLI T
Page 20 of 39
Glenn Goldsmith,President so Town Hall Annex
Nicholas Krupski,Vice President � �" 54375 Route 25
P.O.Box 1179
Eric Sepenoski � ' Southold,New York 11971
Liz Gillooly Telephone(631) 765-1892
Joseph Finora Fax(631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
June 15, 2026
Dominic Mavellia
541 Caledonia Road
Dix Hills, NY 11746
RE: JULIA MAVELLIA
1525 NORTH SEA DRIVE, SOUTH OLD
SCTM# 1000-54-4-17
Dear Mr. Mavellia:
The Board of Town Trustees took the following action during its regular meeting held on
Wednesday, June 10, 2026 regarding the above matter:
WHEREAS, Dominic Mavellia on behalf of JULIA MAVELLIA applied to the Southold
Town Trustees for a permit under the provisions of Chapter 111 of the Southold Town
Code, the Coastal Erosion Hazard Areas Ordinance of the Town of Southold,
application dated May 15, 2026; and,
WHEREAS, the LWRP Coordinator recommended that the proposed application be
found Inconsistent with the: LWRP u.nder Peliy 4.2 - Protect-and restore natural
protective features as the concrete pad under the deck and wooden walkway are
through the dune, which is a natural protective feature; and'Policy 6.3A— Comply with
statutory and regulatory requirements of the Southold Town Board of Trustees laws and
regulations for all Andros Patent and other lands under their jurisdiction, as the
structures do not have a permit, and,
WHEREAS, a Public Hearing was held by the Town Trustees with respect to said
application on'June 10, 2026, at which time all interested persons were given an
opportunity to be heard; and,
WHEREAS, the Board members have personally viewed and are,familiar with the
premises in question and the surrounding area; and,
WHEREAS, the proposal of JULIA MAVELLIA for the as-built in-place reconstruction of
the existing 645sq.ft. raised deck with landward 4' wide stairs to a 4'x4' landing to 4'
.wide stairs to ground, and seaward 4' wide set of stairs to ground; and,
Page 21 of39
2
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WHEREAS, the 645sq.ft. raised deck is larger than what is permitted under Chapter
111 of the Southold Town Code, Coastal Erosion Hazard Areas; and,
NOW THEREFORE BE IT
RESOLVED, that the Board of Trustees DENIES the application of JULIA MAVELLIA
for the as-built in-place reconstruction of the existing 645sq.ft. raised deck with
landward 4' wide stairs to a 4'x4' landing to 4' wide stairs to ground, and seaward 4'
wide set of stairs to ground; and as depicted on the site plan prepared by Charles W.
Kuehn, Architect, received on April 29, 2026; and,
This determination should not be considered a determination made for any other
Department or Agency, which may also have an application pending for the same or
similar project.
Very truly yours,
Glenn Goldsmith, President
Board of Trustees
i
Page 22 of 39
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BOARD OF SOUTHOLD TOWNTRUSTEES
SOUTHOLD,NEW YORK
PERMIT NO. 10980 DATE: AWE 1.0 2026
ISSUED TO: JULIA MAVELLIA
PROPERTY ADDRESS: 1525 NORTH SE DRIVE SOUTHOLD
SCTM#1000-54-4-17
AUTHORIZATION
Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in
accordance with the Resolution of the Board of Trustees adopted at the meeting held on Jane l0,2026,and in
consideration of application fee in the sum of, i Q;5,1 PJC�paid by J li,a Mqvqt!lq and subject to the Terms and
Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits the
following:
Wetland Permit for the as-built in-place 'reconstruction of the existing 645sq.ft. raised
deck with landward 4'wide stairs to a 41x4' landing to 4' wide stairs to ground,and
seaward 4'wide set of stairs to ground; and as depicted on the site plan prepared by 1
Charles W.Kuehn,Architect,received on June 29,2026,and stamped approved on ¢,
July 8,2026.
w
IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed,
l and these presents to be subscribed by a majority of the said Board as of the day and year written above.
c
$i F0,141�
M
Y
ta
M✓Y'
Page 23 of 39
TERMS AND CONDITIONS
The Permittee Julia 'ave lia,-t 525'Ngrth Sea Drive Sou t of New York as part of the
consideration for the issuance of the Permit does understand and prescribe to the following:
I. That the said Board of Trustees and the Town of Southold are released from any and all
damages,or claims for damages,of suits arising directly or indirectly as a result of any
operation performed pursuant to this permit,and the said Permittee will,at his or her own
expense,defend any and all such suits initiated by third parties,and the said Permittee
assumes full liability with respect thereto,to the complete exclusion of the Board of Trustees
of the Town of Southold.
2. That this Permit is valid for a period of 36 months,which is considered to be the estimated
time required to complete the work involved,but should circumstances warrant,request for
an extension may be made to the Board prior to expiration.
3. That this Permit should be retained indefinitely,or as long as the said Permittee wishes to
maintain the structure or project involved,to provide evidence to anyone concerned that
authorization was originally obtained.
4. That the work involved will be subject to the inspection and approval of the Board or its
agents,and non-compliance with the provisions of the originating application may be cause
for revocation of this Permit by resolution of the said Board.
5. A permit issued for work not including,a demolition as per the definition in the Town Code,
but subsequent to issuance,the work results in a demolition,the permit is voided and a new
application must be submitted.
6. That there will be no unreasonable interference with navigation as a result of the work herein
authorized. '
T That there shall be no interference with the right of the public to pass and repass along the
beach between high and low water marks.
8. That if future operations of the Town of Southold require the removal and/or alterations in the
location of the work herein authorized,or if,in the opinion of the Board of Trustees,the work
shall cause unreasonable obstruction to free navigation,the said Permittee will be required,
upon due notice,to remove or alter this work project herein stated without expenses to the
Town of Southold.
9. The Permittee is required to provide evidence that a copy of this Trustee permit has been
recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to
the deed of the subject parcel.Such evidence shall be provided within ninety(90)calendar
days of issuance of this permit.
10. That the said Board will be notified by the Permittee of the completion of the work
authorized.
It. That the Permittee will obtain all other permits and consents that may be required
supplemental to this permit,which may be subject to revoke upon failure to obtain same:
12. No right to trespass or interfere with riparian rights. This permit does not convey to the
permittee any right to trespass upon the lands or interfere with the riparian rights of others•in
order to perform the permitted work nor does it authorize the impairment of any rights,title,
or interest in real or personal property held or vested in a person not a party to the permit
Page 24 of 39
Glenn Goldsmith,President rjf Sia � Town Hall Annex
Nicholas Krupski,Vice President 54375 Route 25
Eric Se enoski P.O.Box 1179
P Southold,New York 11971
Liz Gillooly
Joseph Finora Telephone 651892
�` Fax(631)1)76 766-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
July 8, 2026
Dominic Mavellia
541 Caledonia Road
Dix Hills, NY 11746
RE: JULIA MAVELLIA
1525 NORTH SEA DRIVE, SOUTHOLD
SCTM# 1000.54-4-17
Dear Mr. Mavellia:
The Board of Town Trustees took the following action during its regular meeting held on
Wednesday, June 10, 2026 regarding the above matter.
WHEREAS, Dominic Mavellia on behalf of,JULIA MAVELLIA applied to the Southold
Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town
Code, the Wetland Ordinance of the Town'of Southold, and Chapter 111 of the
Southold Town Code, Coastal Erosion Hazard Areas, application dated May 15, 2026,
and,
WHEREAS, the LWRP Coordinator recommended that the proposed application be
found Inconsistent with the LWRP, and,
WHEREAS, the Board of Trustees has furthered Policy 4.2 and 6.3 of the Local
Waterfront Revitalization Program to the greatest extent possible through the imposition
of the following Best Management Practice requirements: issuance of a Wetland Permit;
upon Trustee review, the structures do not diminish the existing vegetation in this
location; and
WHEREAS, a Public Hearing was held by the Town Trustees with respect to said
application on June 10, 2026, at which time all interested persons were given'an
opportunity to be heard, and,
WHEREAS, the Board members have personally viewed and are familiar with the
premises in question and the surrounding area, and,
Page 25 of 39
2
WHEREAS, the Board has considered all the testimony and documentation submitted
concerning this application, and,
WHEREAS, the project complies with the standards set forth in Chapter 275 of the.
Southold Town Code,
WHEREAS, the Board has determined that the project as proposed will not affect the
health, safety and general welfare of the people of the town,
NOW THEREFORE BE IT,
RESOLVED, that for the mitigating factors and based upon the Best Management
Practice requirement imposed above,the Board of Trustees deems the action to be
Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5
of the Southold Town Code, and,
RESOLVED, that the Board of Trustees APPROVE the application of JULIA
MAVELLIA for the as-built in-place reconstruction of the existing 645sq.ft. raised deck
with landward 4' wide stairs to a 4'x4' landing to 4' wide stairs to ground, and seaward 4'
wide set of stairs to ground; and as depicted on the site plan prepared by Charles W.
Kuehn, Architect, received on June 29, 2026, and stamped approved on July 8, 2026.
Permit to construct and complete project will expire three years from the date the permit
is signed. Fees must be paid, if applicable, and permit issued within six months of the
date of this notification.
Inspections are required at a fee of$50.00 per inspection. (See attached schedule.)
Fees: $ 50.00
Very truly yours,
Glenn Goldsmith
President, Board of Trustees
Page 26 of 39
SUUTHO
L,D TRUSTEES
No. 10" '
P, ERMIT
Issued To �`ul:G '� Ili oa
Date
Address.' G25 Nof-(%� Sea br' :* So
THIS NOTICE MUST BEDISPLAYED DURING CONSTRUCTION
.TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD
SOUTHOLD, KY. 11971
TEL.: 765-1892
Page 27 of 39
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