HomeMy WebLinkAboutTB-08/10/1993 236
SOUTHOLD TOWN BOARD
AUGUST 10, 1993
WORK SESSION
Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman
George L. Penny IV (9:30 A.M.), Councilman Thomas H. Wickham (9:30 A.M.),
Councilman Joseph J. Lizewski, Councilwoman Alice J. Hussie, Town Clerk Judith
T. Terry, Town Attorney Harvey A. Arnoff, Assistant Town Attorney Matthew G.
Kiernan.
9:20 A.M. - Superintendent of Highways 8 Commissioner of Public Works Raymond
L. Jacobs met with the Town Board to discuss the need for acquiring a new tub
grinder for the Landfill. The one the Town owns is eight years old, and. has
frequent and costly breakdowns. He also submitted a proposal for a stump buster -
a device used for cutting tree stumps. Supervisor Harris advised that a bond
resolution is required as the cost for both pieces of equipment is about $250,000,
and it will be ordered for action by the Board on August 24th. It was agreed to
go to bid for the tub grinder and stump buster (see resolution no. 18)
9:30 A.M. - Harvey Bagshaw made a presentation to the Town Board on his proposal
to put- Steam Engine 39 (or similar steam engine) into service as a tourist railroad
along the north fork, in an effort to increase tourism. He has obtained a proposal
from Centenial Rail, Ltd. , a Colorado Corporation, ,to conduct a feasibility study
at a cost of $25,000. The facility would ultimately be privately owned, but Mr.
Bagshaw would like to see Greenport Village, Southold Town and Riverhead Town
share the cost of the study, and will make a similar presentation to the other
municipalities. Board members made no commitment to Mr. Bagshaw, but encouraged
him to also make a similar presentation to the various chambers of commerce and
service organizations.
9:55 A.M. - John Sullivan, Chairman of the Southold Town Board of Assessment
Review, met with the Town Board to explain the duties of the BAR, and to submit
their 1993 report.
10:30 A.M. - Landmark Preservation Commissioner members John Stack, Chairman,
William Peters, Ralph Williams, and Robert Kassner, met with the Town Board to
discuss amendments they propose to the Landmark Preservation Law. Basically the
amendment would add the words "places" and "sites" to the law, define "Style' of
Architecture", better define the term "Landmark", and include and define "Historic
District". Mr. Stack informed the Board that Valerie Marvin, an attorney, .and, .
member of the Commission, worked on the proposal with them. Two objections were
. raised by Board members. - the use of the word "district", and the need for- only
300 owner consents in writing for such a designation. The' Commission members
agreed to research ' the percentage used and report to the Board. (Later in the day
a memorandum was received from the commission stating that the 30% figure was
taken from examples of other landmark laws in Suffolk County, however, they would
be amenable to changing it to. 51% as suggested by the Town Board.) The Town
Attorney will research the implications 'of using the words "Historic District".
10:45 A.M. - ,For. Discussion Items: (1) Councilman Penny reported on problems
that .have arisen with regard to improvements to the Scavenger Waste Treatment
Facility in Greenport. He has been in communication with the engineer, Cameron
Engineering, P.C. , in an attempt to iron out the problems, but they have yet to
be resolved. Councilman Wickham said he would like a letter sent to Cameron
stating the Town's position. Councilman Penny said he has had conversations with
the engineers and they are fully aware of the situation. Councilman Wickham stated
he would also look into the matter. (2) The Town Board discussed the proposed
"Local Law in Relation to Standard Yield Requirements". A public hearing was held
on July 27th, and several questions were raised by Charles Cuddy, Esq. which the
Board asked the Town Attorney to review and submit his findings to the Board.
AUGUST 10, 1993 237
10:55 A.M. - Recess.
11-:20 A.M. - Edward Dart, CLU, Area Director for PEBSCO of New York, met with
the Town Board to discuss his proposal to provide the Town of Southold employees
with a Deferred Compensation Plan. His superior, Carmen Scarpa, Northeastern
Regional Vice President, spoke by telephone to the Town Board, rebutting certain
derogatory newspaper articles that had come into the Board's hands. Following this
presentation the Town Board agreed to designate both PEBSCO and The Hartford
and placed resolution no. 19 on the agenda to do so.
EXECUTIVE SESSION
11 :50 A.M. - On motion of Councilman Lizewski, seconded by Justice Edwards, it
was Resolved that the Town Board enter into Executive Session. Vote of the Board:
Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilman Wickham,
Councilman Lizewski, Councilwoman Hussie. Also present: Town Clerk Terry, Town
Attorney Arnoff, Assistant Town Attorney Kiernan.---The Board met with Chief
Droskoski to discuss possible purchase of property and personnel.
12:05 P.M. - Recess for lunch.
1 :05 P.M. - Work Session reconvened. The . Board met with Solid Waste Management
Task Force members Cremers, Northam, Pope, Romeril, Warner, and Oliva, along
with 'Superintendent of Highways 8 Commissioner of Public Works Jacobs, and Tony
Conetta of Dvirka & Bartilucci. Also in attendance was Solid Waste Coordinator
Bunchuck, John, Divello, owner of Mattituck Sanitation, and Todd Schelin,
representing North Fork Sanitation. Mr. Pope made a presentation on the Task
Force subcommitte's investigation of Yard .Waste Composting at the Landfill. Their
recommendation, based on cost .comparisons, is that the Town continue taking Town
of� Southold yard waste and proceed with composting those wastes, provided the DEC
grants the necessary permits. Following a lengthy discussion between all of the
participants, the Town Board committed to discontinue landfilling raw garbage on
October 8th (recent federal legislation requires an end to all landfilling in the United
States on October 9th) and consider sending that raw garbage to Huntington and
Smithtown. . The Task Force recommends against the Town receiving yard waste in
exchange. Further, a proposal for garbage by the bag was put in written form as
a Local Law, .and a public hearing will be held on August 24th at 8:02 P.M. (see
resolution. no. 21) .
3:05 P.M. - For Discussion Items (continued) : (3) Request from Merlon Wiggin,
Director of the East End Seaport and Marine Foundation, for an exemption from the
Alarm Law for Bug Light. The Town Clerk was directed to request the Assessors
to research ownership. (4) Reappointment of a member of the Board of Assessment
Review (see resolution no. 22) . (5) Request from a representative of St. Agnes
Church, Greenport, for a waiver of Landfill fees for debris from a roofing job on
church property. The request must be denied, as. the Board has denied similar
requests. (6) Authorization to reimburse six Lifeguards for money expended for
their training (see resolution no. 23) . (7) Memorandum from Assistant Town
Attorney Kiernan with regard to' the proposed agreement received from Village
Attorney Ross concerning the East-West Fire Protection District and Firemen's
Service Award Program. (8) Transmittal from the Fishers Island Conservancy with
regard to their request that the. Town Board adopt a resolution protesting the
current planned dumping of 2.7 million cubic yards of dredging material from the
Thames River dredging project into waters of Long Island Sound in an area only
one and a half miles off of Fishers Island's northwest shore (see resolution no. 20) .
(9) Memorandum from Recreation Contractor Hilary asking that a Beach Attendant
who only worked four. weeks in 1992 be rated as a second year employee pay-wise.
Board denied the request.
3:35 P.M. - The Town Board reviewed the resolutions to be voted on at the 4:00
P.M. Regular Meeting.
3:45 P.M. - Councilwoman Hussie discussed the clean-up project to the metal dump
on Fishers Island. Proposals to do the job have been received from A. John Gada
General Contracting, Inc. and Connecticut Carting Corporation.
.3:58 P.M. - Work Session adjourned.
AUGUST 10, 1993
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on Tuesday, August
10, 1993, at the Southold Town Hall, Main Road, Southold, New York. Supervisor
Harris opened the meeting at 4:00 P.M. , with the Pledge of Allegiance to the Flag.
Present: Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilman Thomas H. Wickham
Councilman Joseph J . Lizewski
Councilwoman Alice J . Hussie
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
SUPERVISOR HARRIS: I need a motion to approve the audit of the bills from
Aug.ust 10, 1993.
Moved by Councilwoman Hussie,' seconded by Justice Edwards, it was
RESOLVED that the following bills be and hereby ordered paid: General Fund
Whole Town bills in the amount of $155,257.60; General Fund Part Town bills in
the: amount of $131 ,612.99i Nutrition Fund bills in the amount of $6,254.84; Adult
Day Care bills in the amount of $54.34; SNAP Program bills in the amount of
$1 ,747.24; Community Development Fund bills in the amount of $11 ,624.86; Highway
Fund Whole Town bills in the amount of $12,227.45; Highway Fund Part Town bills
in the amount of $68,455.38; ,Ag Land Development Rights bills in the amount of
$4,926.118; Hydrorgeolic Landfill Study bills in the amount of $323.82; Human Resources
Center bills in the amount of $4,987.29; Open Space Capital Fund bills in the amount
of $16,188.80; Waterfront Revitalization bills in the amount of $10.50; Scavenger
Waste Facility bills in the amount of $633.33; Generator Capital bills in the amount
of`$4,765.25; Employee Health Benefit Plan bills in the amount of $19,066.34; Fishers
Island Ferry District bills in the amount of ,$23,538.66; West Creek Estates Road
Improvement bills in the amount of $510.00; Southold Wastewater District bills in
the amount of $1 ,565.00; Southold Agency 8 Trust bills in the amount of $302.18.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I need a motion to approve the minutes from July 27, 1993
Town Board meeting.
Moved by Councilman Wickham, seconded by Justice. Edwards, it was
RESOLVED that the minutes of the July 27, 1993, regular Town Board meeting
be and hereby approved.
Vote of the Town Board: . Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I need a motion to approve August 24, 1993, at 7:30 -P.M.
the next Town Board meeting..
Moved by Justice Edwards, seconded by Councilwoman Hussie, it was
RESOLVED that the next regular meeting of the Southold Town Board will be at
7:30 P.M., Tuesday, August 24, 1993, at the Southold Town Hall, Southold, New
York.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
I . REPORTS.
1 . Southold Town Scavenger Waste Treatment Facility Monthly Report for
July, 1993.
2. Southold Town Developmentally Disabled Recreation Program Monthly
Report for July, 1993.
3. Southold Town Clerk's Monthly Report for July, 1993.
4. Southold Town Planning Board Monthly Report for July, 1993.
5. Southold Town Justice Tedeschi's Monthly Report for July, 1993.
6. Southold Town Building Department Monthly Report for July, 1993.
AUGUST 10, 1993 239
7. .Lawrence Healthcare CSEA Benefit Report for July, 1993
8. .Lawrence Healthcare PBA Benefit Report for July, 1993.
9. Councilmen's Reports.
10. Supervisor's Report.
II. PUBLIC NOTICES.
1 . New York State Department of Environmental Conservation, Notice of
application of proposal of William Griffo to construct new groins perpendicular to
the shorelirp-, and place 350 cubic yards of fill on the west side of each groin.
Writting comments tn be submitted by August 20, 1993.
2. U.S. Corp of Army. Engineer, New York District, application of New
York State Office of Parks, Recreation and Historic Preservation to construct a
gabion revetment in Gardiner Bay, Orient, Southold, New York. All written comments
to be received by August 30, 1993.
3. Cornell Cooperative Extension HIV/AIDS Education Program Community
Discussion at the First Unitarian Church, on August 26, 1993, at 7:30 P.M.
4. Cablevision of Long Island Call=ln Show at 8:00 P.M. , September 2,
1993, on Cablevision channel position 41 , Long Island One, program "Calling All
Congressmen".
.III . COMMUNICATIONS.
1•, Steve Kramer, Executive Vice President of 1199 Drug, Hospital and Health
Care Employees Union extending thanks to Supervisor Harris for his assistance
on behalf of the members of the union during the strike at E.L. I . Hospital'.
IV. PUBLIC HEARINGS.
1 . 430 P.M.,, Amendments to Community Development 1992 and 1993 Budget.
2., 4:32 P.M. , "Local Law Providing for the Creation of a Records Management
program" .
3. . 4:35 P'.M. , "Local Law in Relation to Flood Damage Prevention" .
4. 4:40 P.M., "Local Law in Relation to Restricted Parking".
V. RESOLUTIONS.
SUPERVISOR HARRIS: At this time are there any .members of the audience, that
would like to address this Board on any resolution we'll be acting upon in the next
few minutes? (No response.) If not, Councilwoman Hussie, would' you lead off?
1 .-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints Mary
Mulcahy Jackson as,Southold Town's Recycling Coordinator, effective August 19.
1993 through August .19, 1994, she to serve in said position without compensation.
1 .-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, '
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.,
This resolution was declared duly ADOPTED.
2.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts, with
regret, the resignation of Jane Blados, part-time Clerk Typist in the Building
Department, effective July 30, 1993.
2.-Vote of the Town Board: Ayes: Councilwoman Hussie, .Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
,This resolution was declared duly ADOPTED.
3.-Moved by .Supervisor Harris, seconded by Councilman Penny, .it was
RESOLVED that the Town Board of. the Town of Southold hereby authorizes the
following budget modification to. the General Fund - .Whole Town 1993 Budget to
appropriate Park & Recreation funds for the Tasker Park rock .carving and tablet
installation:
To:
Revenues:
A2025 Special Recreation Facilities $ 285.00
Appropriations:
A7110.2 Parks, Equipment $ 285.00.
3.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman. Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
4 AUGUST 1\0, 1.993
4.-Moved by.Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
proposal of Rehn 8 Fore, Certified Public Accountants, to conduct an audit of the
books and records of the Town of Southold and its grants programs for the year
ended December 31 , 1993, at a total fee of $16,500.00 ($14,50.0.00 for Town of
Southold Whole Town; $2,000.00 for Community Development Program).
4.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwa.rds, Supervisor Harris.
This resolution was declared duly ADOPTED.
5.-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby establishes a 1993
Petty Cash Fund in the amount of $250.00 for Mary Ann Fleischman, Chairperson
of the Southold Town Youth Board.
S.-Vote of the Town Board: Ayes: Councilwoman Hussiie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: Number 6, a resolution amending resolution no. 15, adopted
March 9, 1993, to execute a lease agreement with Jesse H. and Francis R. Jackson
for parking field, is on hold.
7..-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to Assessors Darline J., Duffy and Robert 1 . Scott, Jr. to attend a "Data Collection"
Seminar at-Shelter Island, on July 26, 27, . 28, -29, 1993, and the actual expense
for meals and transportation, using a Town vehicle, shall be a legal charge to the
Assessor's 1993 Budget.
7.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
8.-Moved by Councilman Wickham, seconded by Supervisor Harris,
WHEREAS, there was presented to the Town Board of the Town of Southold, on
the 27th day of July, 1993, a proposed Local Law entitled, "A Local Law in
Relation to Yard Sale Permits"; and
WHEREAS, this proposed Local Law was referred to the Southold Town Planning
Board and Suffolk County Department of Planning for their recommendations and
reports, all ,in accordance .with the Southold Town Code and Suffolk County Charter;
now, therefore, be it
RESOLVED that the. Town Board hereby sets 8:00 P.M. , Tuesday, August 24, 1993,
Southold Town Hall, Main Road, Southold, New York, as time and place for a public
hearing on this proposed Local Law, which reads as follows:
A Local Law in Relation to Yard Sale Permits
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I . Chapter 1-- (Zoning) of the Code of the Town of Southold is hereby
amended to read as follows:
1 . Section 1 00-31 (C) (10) (d) (Use Regulations) is hereby 'amended to
read as follows:
(d) A permit is obtained therefor from the Btt44diftg
fnspecter° Town Clerk upon the payment of a fee
of fifteen dollars ($15.) .
2. Section 100-31 (C) (10) is amended by adding a new subsection (e) to
read as follows:
(e) The display permit issued by the Town Clerk shall be
posted on the 'premises so it can be read from the
street, and removed before sundown on the day of the
sale.
11. This. Local Law shall take effect upon its filing with the Secretary of State.
* Overstrike represents deletion.(s)
** Understrike represents additions)
8.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
AUGUST 10, 1993 241
9.-Moved by Justice Edwards, seconded by Councilwoman Hussie, it was
RESOLVED that .the' Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute an agreement between the Town of
Southold and Frank Arnold, whereby Mr. Arnold will provide a Southold School
Open Recreation Program from June 28, 1993 through August 2, 1993, 6:30 P.M.
to 8:30 P.M., at a compensation of $15.00 per hour.
9.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizews'ki,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
10.-Moved by Councilwoman Hussie, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to place a display ad in The Suffolk Times and The Traveler-
Watchman on August 12, 1993 and August 19, 1993, giving notice of a Public Infor-
mational Meeting to be held by the Southold Town Board on Wednesday, August
25, 1993, at 7:00 P.M., at the Southold Town Hall, Main Road, Southold, New York,
to discuss the Fireman'.s Service Awards Program in the East/West Fire Protection
District (the area outside of the Incorporated Village of Greenport, between the
Southold Fire District and East Marion Fire District) .
10.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
'This resolution was declared duly ADOPTED.
11 .-Moved by Councilman Lizewski, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Lori
Jimenez as an EISEP Aide, effective immediately, 20 hours per week, $5.50 per
hour; and be it
FURTHER RESOLVED that the Town Board hereby appoints Amy Miller and Kim
Sakowitz provisionally as EISEP Aides, effective immediately, 20 hours per week,
$5.50 per hour.
11 .-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, .Justice Edwards, Supervisor Harris.
This resolution was declared duly .ADOPTED.
12.-Moved by Councilman Penny, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby creates three '(3)
Van Driver positions- for the Southold Town Nutrition Program.
12.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
13.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Herschel
Rich as a Van Driver for the Nutrition Program, effective August 23, 1993, 20
hours per week, at a salary of $7.00 per hour.
13.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
14.-Moved by Justice Edwards, seconded by Councilwoman Hussie,
WHEREAS, the Board .of Commissioners of the Fishers Island Ferry District, by
resolution dated June 28, 1993 - Town Board resolution dated June 29, 1993,
adjusted the compensation rates of certain full-time personnel; and
WHEREAS, the Board of. Commissioners now wishes to adjust the rate of compensation
for its Marine Operations Manager Mark B. Easter; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby sets the compen-
sation of Mark B. Easter, Marine Operations Manager for the Fishers Island Ferry
District, at $75,000.00 per annum, retroactive to the pay period. commencing July
8, 1993.
14.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
242 AUGUS' 1_0, 1993
JUSTICE EDWARDS: With a comment, I'd like to say that Captain Easter is doing
a wonderful job for the Fishers Island Ferry District. He's been with the district
for probably fifteen years, and he is certainly worth the money that he is being
paid for this. It's a twenty-four hour a day job. He starts sometimes in. the morning
on the first run at 5 :00 o'clock. going to Fishers Island, and sometimes he on the
last one coming back into New London at 8:00 o'clock, so, Mark is very well liked
on the Island. He's doing an` excellent job.
15.-Moved by Supervisor Harris, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute an arreei:ient between the Town of
Southold and Curtis William Horton, retired Senior Building Inspector, paying him
for accumulated unused sick days, vacation days, personal days and compensatory
hours in the amount of $15,479.58; payment to be made on or about January 1 ,
1994; said agreement all in accordance with the approval of the Town Attorney.
15.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
16.-Moved by Councilman. Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
reduction of the $40,000.00 cash bond for roads and 'improvements in the major
subdivision of Francis Greenberger, Eugene's Road, Cutchogue, to $4,000.00, all
in accordance with the recommendation of the Southold Town Planning Board and
Engineering Inspector Richter.
16.-Vote of the .Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
17.-Moved by Councilman Lizewski, seconded by Councilman Penny, it was
RESOLVED that the Town Board of.'the Town of Southold hereby authorizes the
release of the $1.9,172.50 Letter of Credit for the minor subdivision of Adam
Associates, Cox's Lane, Mattituck, all in accordance with the recommendations of
the Southold Town Planning Baord and Engineering Inspector Richter.
17.-Vote 'of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman. Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
18.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for a Tub Grinder and a Stump
Buster for the Southold Town Landfill, all in accordance with the bid specifications.
18.'-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilman Wickham.
This resolution was declared duly ADOPTED.
19.-Moved by Councilwoman Hussie, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts and
approves The Hartford Life Insurance Company, and PEBSCO of New York to
administer .Deferred Compensation Programs for the employess of the Town of Southold,
at no cost to the Town, effective August 10, 1993;, and be it
FURTHER RESOLVED that Supervisor Scott L. Harris be and he hereby is authorized
and directed to execute any and all documents and agreements necessary to imple-
ment this program, all in accordance with the approval of the Town Attorney.
19.-Vote of the Town Board: Ayes: Councilwoman Hussie,, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
AUGUST 10, 1993 4 3
20:- Moved by Justice Edwards, seconded by The Entire Town Board,
WHEREAS; it has come" to the attention of the Town Baord of the Town of Southold,
through resolutions of the Fishers Island Conservancy, and the Fishers Island Civic
Association that the United States Navy is planning to dump 2.7 million cubic yards
of dredged material (from Connecticut's polluted Thames River) into the waters
of Long Island Sound in an area only one and. a half miles off Fishers Island's
northwest shore; and,
WHEREAS, the Town Board of the Town of Southold recognizes that the dumping
of this polluted sludge from the Thames River constitutes a serious potential hazard
to the marine life of the area and threatens the irreplaceable marine resource area
known as "The Race";
NOW, THEREFORE BE IT RESOLVED, that the. Town Board of the Town of
Southold protests the current planned dumping of 2.7 million cubic yards -of
dredged material as detailed above and requests that the U.S. Navy make every
effort to find and use alternate dump. sites away from these critical environmental
areas; and,
BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Southold is and
she shall hereby be authorized to forward a . copy of this certified resolution to
the following so that they may use their best efforts to prevent the Navy's imple-
mentation of this dumping plan:
United State Senator Alfonse M. D'Amato
United States Senator Daniel Patrick Maynihan
United States Congressman George J. Hochbrueckner
New York State Assemblyman Joseph Sawicki, Jr.
New York State Senator Kenneth P. La Valle
New York State DEC Commissioner Thomas Jorling
Robert Ostermueller, Department of the Navy, Northern Division
Elizabeth Higgins Congram, Assistant Director, Office of Environment
Review, U.S.E.P.A. , Region I
John-H. Thatcher, Jr., President, Fishers Island Conservancy
Carol Ridgway, President, Fishers Island Civic Association
John Clavin, Fishers Island Harbormaster
,20*-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, .Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: This resolution we have'just passed, the previous meeting
we had on Fishers Island, last Wednesday, we promised the people on Fishers Island,
and particularly the Conservancy,that we would go on record formally opposing
this dumping, and we have done that with the lead of Judge Edwards at the helm.
This resolution was acted by the Town now, and forwarded to the appropriate body,
and the .hopefully the action that we have taken will not fall on deaf ears, and
that we will get some response from some the individuals, who are being sent this
correspondence. Thank you, Judge
21 .-Moved by Councilwoman Hussie, seconded by Councilman Penny,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local Law entitled, "A Local Law in Relation to Garbage, Rubbish and
Refuse", now, therefore, be it
RESOLVED that the Town Board.. hereby sets 8:02 P.M. , Tuesday, August 24, 1993,
Southold Town Hall, Main Road, Southold, New York, as time and place for a
public hearing on the aforesaid proposed Local Law, which reads as follows:
A Local Law in Relation to Garbage, Rubbish and Refuse
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I . Chapter 48 (Garbage, Rubbish and Refuse) is hereby amended to read as
follows:
1 . Section 48-1 (Definitions) is hereby amended to read as ,follows:
REFUSE - Any htrm2tn7 ani•ma+ or vegetabie refase- ofFal;-swiH;-
cesspoo}.and/-ar- septic waste;-se
junk-trash? rat isf--, gar ' paper-, ashes;-
waste-or W+r t•ever- material- compo-3ed;
ditsearded-machirmn, or parts thereof,- discarded-veHcie•s- or
parts thereof and- an-tlHicen3ed motor-veHcic parked; stored
or standing-oatsicfe an-enctosed btrif&ng irr an-inoperative-
conditiOm for•more-than-thirty {39} days- Refuse shall
have .the same meaning as "nonrecyclable waste." "Refuse" shall
not include cans, .glass, plastics or newspaper, as further
defined herein.
2 4 `i` AUGUST 10, 1993
2. • 48-1 (Definitions) is hereby amended by adding thereto the
following new definitions:
ILLEGAL DUMPING - The deposit by any person of garbage,
rubbish, refuse or waste in any public place within the Town
of Southold, including its inland waters, other than in con-
tainers designated for that purpose.
NONRECYCLABLE WASTE - The end product of solid waste
remaining after' the extraction of recyclable materials, -
hazardous waste, construction and demolition. debris and land-
clearing debris "Nonrecyclable waste" results primarily from
the handling, preparation and storage cf food and .includes but
is not limited to putrescible solid waste such as animal and
vegetable waste.
TOWN GARBAGE BAG - A distinctively labeled plastic bag of such
size and design as shall be determined by the Town Board, to be
used for the disposal of nonrecyclable waste.
3. 48-2 (Dumping. prohibited generally) is hereby amended by
adding a new subsection (C) to read as follows:
C. Nonrecyclable waste and Town garbage bags
1 Nonrecyclable waste shall be deposited only at
designated areas within the Town disposal area.
2 Town garbage bags shall be available at designated
areas in the Town.
3 The size and design of the Town garbage bag shall be
determined by resolution of the Town Board.
4 The fee for each size of the Town garbage bag shall
be determined by resolution of the Town Board
5. No person shall:
(a) Duplicate or imitate a Town garbage bag.
(b) Give, sell or issue in any manner a duplicated or
imitated Town garbage bag.
4. 48-3.A. (1) (Residential self-haulers and commercial self-haulers)
is hereby amended by adding a new subsection (f) to read as follows:
(f) Nonrecyclable waste.
(1) Residential self-haulers - nonrecyclable waste generated
by residential self-haulers shall be disposed of only in
a Town garbage bag as defined herein and deposited only
at designated areas within the Town disposal area.
(2) Commercial self-haulers - nonrecyclable, waste generated
by commercial self-haulers may be either:
(a) Disposed of in a Town garbage bag and deposited at
designated areas within the 'Town disposal area; or
(b) disposed of at the designated areas within the Town
disposal area upon paying the appropriate charge
as set by Town Board 'resolution for the weight of
nonrecyclable waste deposited.
AUGUST 10, 1993 245
5. 48-3.A. (2) (Private residential refuse 'hhaulers/carters) is hereby
amended by adding a new subsection (e) to read as follows:
(e) Nonrecyclable waste.
(1) The owners or occupants of all residences within the
Town who utilize collection services provided by persons
licensed to collect refuse pursuant to the provisions of
this chapter shall place nonrecyclable waste in Town
garbage bags for collection on such day or days as the
licensee serving such residents shall designate.
(2). It shall be unlawful for any person to place out for
collection any nonrecyclable waste which is not in a
Town garbage bag. It shall be unlawful .for any person
to collect nonrecyclable, waste from a residence which
is not in a Town garbage bag.
(3) Nonrecyclable waste in Town garbage bags collected by
private residential refuse haulers/carters and trans-
ported to the landfill/collection center shall be
deposited only in areas designated by appropriate
landfill personnel.
11. This Local Law shall take effect upon its filing with the Secretary of
State.
21 .-Vote of the Town Board: Ayes: Councilwoman,. Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
22.-Moved by Supervisor Harris, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints William
F. Englis, Jr. a -member of the Southold Town Board of Assessment Review, for
a five, (5) year term, effective September 30, 1993 through September 30, 1998.
22.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
23.-Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes a $220.00
reimbursement to the following Lifeguards who expended that sum for their .training,
and are employed by the Town of Southold, provided they continue in the employ
of the Town of Southold through Labor Day: Sean Curran, Steve Ficheissen, Sean
Gagen, Vanessa Lara, Jill Schneider, Erica Stype.
23.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: At this time, are there any menbers of the public, that.
would like to address this Board on any issue, which you feel may be of concern
to us, that you feel, also, that we should have knowledge of?
SCOTT RUSSELL: I am Scott Russell, Chairman of the Board of Assessors. A would
like to point your attention to Resolution #22. 1 believe Councilman Wickham just
voted on that issue. I would have hoped that he would have abstained from it,
because it's a reference to the Board of Assessment Review, and he did have a
grievance present before the Grievance Board. To me-that represents an evident
conflict of interest, and I would have asked him to step aside. . This came to my
attention.
COUNCILMAN' WICKHAM: The grievance has come and gone.
SCOTT RUSSELL: I'm sorry, Councilman, but several months ago, you were
quoted as saying, that you understood the position of the Assessors, and you'd
stand by it. You filed a grievance anyway, so grievances come and go every year.
I don't know if you are coming up to file a grievance next year. I would hope
that if you did_, that you would have stepped aside.
COUNCILMAN WICKHAM: When that time comes, you'll get an answer.
SCOTT RUSSELL: I just hope you're not open for better luck next year.
ti
246 - AUGUST, 10, 1993
SUPERVISOR HARRIS: Thank you, Mr. Russell. Anybody else like to address
this Board on any issue?
RUTH OLIVA: Ruth Oliva. I just have a question. Talking about the garbage
this. afternoon, when was the Board advised that the Federal government were
requiring all the landfills to be closed? When did the Board hear about that?
SUPERVISOR HARRIS: It's been in the works for months, and months, and months
and still is in the works.
RUTH OLIVA: Because I only read abort it really in the paper last week, and
that was about August 4th, yet I see that Mr. Schelin has sent out a letter, dated
July 30th, and I just .want to hope that maybe the Board would have considered
all the options that we did, so actually this afternoon, even at an earlier date,
because it doesn't give everybody very much time between August 10th, and
October to get all the information out to them. They're going to be terribly
confused, you know with the .bag system, and all the education that's involved,
that we could have done even a month or two earlier. It would have been so much
easier. That's all I'm saying.
SUPERVISOR HARRIS: Well, as a member of the Task Force, Ruth, certainly infor-
mation was coming back. .
RUTH' OLIVA: I did not see any information.
SUPERVISOR HARRIS:. . Information has been coming back and forth for years in
reference to the garbage by the bag. The public certainly has had ample time
to ask questions about that. This is not yet cast in stone. We are preparing
for the worse case scenario. I am planning on writing a letter to the Department
of Environmental Conservation, hopefully to ask for a six month extension. Beyond
this date there still is a comment period open, and I will ask the DEC for this
extension even though it .may fall on deaf ears, I will still forward this correspon-
dence to them to. show our objection., as well as others within the Association of
Towns in the State of New, York for implementation of this CPA regulation, which
may, or may not, be imposed upon by October 9th.
RUTH OLIVA: I wish you luck. It was just that I thought if the Board knew
about it, say in the beginning, you know, definitely that this was going to come
to past, that the people ,would have a little more advanced time, and we would have
had, as a member of the. Task Force, to educate the people, which is really going
to be a tough job.
SUPERVISOR HARRIS: I wish we had more advance notice, that the EPA was
going to do this, also. It would have helped everyone, I think, in the long run.
Thank you. Anybody else like to address this Board, on any issue? (No response.)
If not, at this time I need a motion to recess to go into public hearings.
Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that -a recess, be called at this time, 4:30 P.M., for the purpose of
holding a public hearing.
Vote of the Town Board: Ayes: Councilwoman, Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Meeting reconvened at 4:50 P.M.
SUPERVISOR HARRIS: We'll move the regular portion of our agenda, which is
going to dealing with these public hearings, that we have just finished, and would
you like to enact any of these Local Laws at this time? The first is amending the
Community Development 1992-1993 Budget. I need a motion and a second.
24.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following amnedments to the Community Development 1992 and 1993 Program Budgets:
AUGUST 10, 1993 247
$ Change
$ Before $ After + or -
Southold Town Human Resource Center $50,000 -0- -$50,000
Elderly Transportation $20,000 $25,000 +$5,000
Peconic Lane Park $50,000 $95,000 +$45,000
AND BE IT FURTHER RESOLVED that the Town Board hereby authorizes and directs
Supervisor Scott L. Harris to execute the Suffolk County Contract Budget Modifica-
tion Form for the above approved amendments.
24.-Vote of the Town Board: Ayes: Councilwoman ,Hussie,, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: Would you like to do the second Local Law in reference
to the creation of the Records Management Program?
25.-Moved by Councilwoman Hussie, seconded by Justice Edwards,
WHEREAS, there was presented to the Town Board of the Town of Southold, on
the 27th day of July, 1993, Local Law No. 16 - 1993 entitled, "A Local Law Providing
for the Creation of a Records Management Program"; and
WHEREAS, a public hearing was 'held on this aforesaid Local Law on the 10th day
of August, 1993, at which time all interested persons were given an opportunity
to be heard; now, therefore, be it
.RESOLVED that Local law NO. 16 - 1993 be enacted as follows:
LOCAL LAW NO. 16 - 1993
A Local Law Providing" for the
Creation of a Records Management Program
BE IT ENACTED, by the Town Board of the Town of Southold, as follows:
The Code of*the Town of Southold is .hereby amended by adding a new Chapter
thereto, to be Chapter 72, to read as follows:
Chapter 72
RECORDS MANAGEMENT
1 . Section 72.1 . Intent
Records are essential to the administration of local government. They
contain the information that keeps government programs functioning. It is
the intent of this chapter that a records mangement program be established
which will assist officals in making decisions, administering programs and pro-
viding administrative continuity with past operations. The program would be
.intended to document delivery services, show the legal responsibilities of
government and protect the legal rights of citizens. It will contain information
on taxation and on the management and expenditure of funds. These records
will also document the historical document of government itself, the community
and the people of the town.
Section 72-2. Program established; designation fo records management officer.
There shall be a records management program established under the aegis
of the Town Clerk and headed by a records management officer. , The Town
Clerk is designated as the records management officer and will be responsible
for administering the current and archived public records in storage areas
for the town in accordance with local, state and federal laws and quidelines
Section 72-3. Definitions.
As used in .this chapter, the following terms shall have the meanings
indicated:
ARCHIVES -. Those official records which have been determined by the
officer and Advisory Committee to have sufficient historical or other value
to warrant the continued preservation by the town.
RECORDS - Official files, minutes and documents, books, papers
photographs, sound recordings, microforms or any other materials,
regardless of physical form or characteristics, made or received pursuant
to law or in conjunction with the transaction of official town business.
RECORDS CENTER - An establishment maintained :by the records
management officer for the storage, servicing, security and processing
of records which must be preserved for varying periods of time.
RECORDS DISPOSITION - The removal by the town, in accordance with
approved records control schedules, of records no longer necessary for
the conduct of business by such agency through removal methods, which
may include the dispostion of temporary records by destruction or
donation, or the transfer of records to a central storage facility for
temporary or permanent storage of records determined to have historical
or other sufficient value warranting continued preservation, or the
transfer of records from one town agency to another town. agency.
2 4 AUGUST 10, 1993
RECORDS MANAGEMENT- The planning, controlling, directing,
organizing, training,promotion and other managerial activities involved
'in records creation, records maintenance and use and records diposition,
including records preservation, records disposal and the records center
or other storage facilities.
SERVICING - Making information in records available to any agency for
official use or to the public.
Section 72-4. Powers and duties of records management officer.
The records management offficer shall have all the necessary powers to
carry out the efficient administration, determination of value, use,
preservation, storage and disposition of the public records kept, filed or
received by the officers and departments of the town.
A. The records, management officer shall continually survey and
examine -public records to recommend their classification so as to
determine the most suitable method to be used for the maintaining,
storing and servicing of the following:
(1) Obsolete and unnecessary records according to the New York
State Retention and Disposition Schedules, thereby subject
to dispostion;
(2) Information containing administrative, legal, fiscal, research,
historical or educational value which warrants their permanent
retention; or
(3) Records not subject to disposition according to state law.
B. The records management officer shall establish guidelines for proper
records 'management in any department of the town government
in accordance with local, state and federal laws and guidelines.
C. The records management officer shall operate a central records
management storage facility for storage, processing and servicing
of all town records for all town departments and agencies.
D. Additional requirements of the records management officer will
include but are not limited to:
(1) The development of a comprehensive records management
program.
(2) The conduct of an initial survey and analysis of all records.
(3) The encouragement and coordination of the continuous legal
destruction of obsolete records through the adoption and use
of the state archive record retention and distribution schedule.
(4) The development and a suitable retention period for records
not covered by the State Records Retention and Distribution
Schedules.
(5) The assistance to each department for the establishment of
a records management system to support the overall town
records management program.
(6) The setting up and overseeing of a center for the storage
of inactive records.
(7) The coordinating and carrying out or participating in the
planning for development of advanced records management
systems and equipment.
Section 72.5. Records Advisory Board.
There shall be a Records Advisory Board designated to work closely with
and provide advice to the records management officer. The Board shall consist
of the Town Historian, a member of the Town Board selected by the Supervisor,
the Town Accountant and a department head. The Board shall meet periodi-
cally and have the following duties:
A. To provide advice to the records management officer on the
development of the records management program.
B. To review- the performance of the program on an ongoing basis and•
propose changes and improvements.
C. To .review' retention periods proposed by the records management
officer for records not covered by the state archive schedules.
D. To provide advice on the appraisal of records for archival value and
to be the final sign-off entity as to what is or is not archival.
Section 72.6. Custody, and control of records.
The records management officer shall maintain physical custody and the
official responsibility for all records. Department heads shall retain construc-
tive control and authority over all department records.
AUGUST 10, 1993 2 4
Section 72.7. Disposition of records.
No records shall be destroyed or otherwise disposed of by a department
of the town unless approval has been obtained from the records management
officer. No records shall be destroyed or otherwise disposed of by the
records management officer without the express written consent of the depart-
ment head having authority.
II . This Local Law shall take effect upon its filing with the Secretary of State.
25.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
26.-Moved by Councilman Wickham, seconded by Justice Edwards,
WHEREAS, there. was presented to the Twon Board of the Town of Southold, on
the 27thd ay of July, Local Law No. 16 - 1993, a Local Law entitled, "A Local Law
in Relation to Flood Damage Prevention"; and
WHEREAS, there was a public hearing on this proposed Local Law on the 10th day
of August, 1993, at which time all interested persons were given an opportunity
to be heard; now, therefore, be it
RESOLVED that thsi Local Law be enacted as follows:
LOCAL LAW NO. 16 - 1993
A Local Law in Relation to Flood Damage Prevention
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I . Chapter .46 (Flood Damage Prevention) of the Code of the Town of Southold
is hereby deleted in its entirety, and a new Chapter 46 (Flood Damage Prevention)
is hereby adopted to read as follows:
CHAPTER 46
FLOOD DAMAGE PREVENTION
946.1. Statutory Authorization and Purpose.
4 46.1-1. Findings.
The Town Board of the Town of Southold finds that
the:potential and/or actual damages from flooding and
erosion may be a problem to the residents of the Town
of Southold and that such damages may include: destruc-
tion or loss of private and public housing, damage to
public facilities, both. publicly and privately owned,
and injury to and loss of human life. In order to
minimize the threat of such damages and to achieve
the purposes and objectives hereinafter set forth,
this local -law is adopted.
9 46.1-2. Statement of Purpose.
It is the purpose of this chapter to promote the
public health, safety, and general welfare, and to
minimize public and private losses due to flood condi-
tions in specific areas by' provisions designed to:
A. Regulate uses which, are dangerous to health,
safety and property due to water or erosion
hazards, or which result in damaging increases
in erosion or in flood heights or velocities.
B. Require that uses vulnerable to floods, includ-
ing facilities which serve such uses, be
protected against flood damage at the time of
initial construction.
C: 'Control the alteration of natural floodplains,
stream channels, and natural protective barriers
which are involved in the accommodation of flood
waters.
D. Control filling, grading, dredging and other
development which may increase erosion or flood
damages.
250 AUGUST 10, 1993
E. Regulate the construction of flood barriers which
Will unnaturally, divert flood waters or which may
increase flood hazards to other lands.
F.. Qualify and maintain for participation in the
National .Flood Insurance Program.
46.1-3•. Objectives.
The objectives of this local law are:
•A'. To protect human life and health.
B. To minimize expenditure of public money for
costly flood control projects.
C. To minimize the need for rescue and relief
efforts associated with flooding and general-
ly undertaken at the expense of the general
public.
D. To minimize prolonged business interruptions.
E. To minimize damage to public facilities and
utilities such as water and gas mains, electric,
telephone, sewer lines, streets and bridges
located in areas of special flood hazard.
F. To help maintain .a stable tax base•by providing
for the sound use and development of areas of
special. flood hazard so as to minimize future
flood blight areas.
G. To provide that developers are notified that
property is in an area of special flood hazard.
H. To ensure that those who occupy the areas of
special flood hazard assume responsibility for
- their actions.
46.2. Definitions.
Unless specifically defined below, words or .
phrases used in this local law shall be inter-
preted so as to give them the meaning they have
in common usage and to give this local law its
most reasonable application.
"Appeal" - A request for a review of the
Local Administrator's interpretation of any
provision of this Local Law or a request for
a variance.
"Area of .shallow flooding" - A designated
AO, AH or VO Zone on a community's Flood
Insurance Rate Map (FIRM) with a one' percent
or greater, annual chance of flooding to an
average annual depth of one to three feet
where a- clearly defined. channel .does not
exist, where the path of flooding is charac-
terized by ponding or sheet flow. _
"Area of special flood hazard" - Is the land in
the floodplain within'a community subject to a
one percent or greater chance of flooding in
any given year. This area may be designated
as..Zone A, AE, AH, AO, Al-A30, A99, V, VO, VE,
or V1-V30. It is also commonly referred to as
the base floodplain or 100-year floodplain.
AUGUST 10, 1993 251
"Base flood" - The flood having a one per-
cent chance of being equalled or exceeded in
any given year.
"Basement" - That portion of a building
having its floor subgrade (below ground level)
on all sides.
"Breakaway wall" - A wall that is not part
of the structural support of the building and
is intended through its design and construction
to collapse under specific lateral loading forces
without causing damage to the elevated portion
of the building or the supporting. foundation
system.
"Building" - See "Structure"
"Cellar" - Has the same meaning as "Basement".
"Coastal high hazard area" - An area of
special flood hazard extending from offshore
to the inland limit of a primary frontal dune
along an open coast and any other area subject
to high velocity wave action from storms or
seismic sources. The area is designated on
FIRM as Zone V1-V30, VE.
VO OR. V.
"Development" - Any man-made change to
improved or unimproved real estate, including
but not limited to buildings or other structures,
mining, dredging, filling, paving, excavation or
drilling operations or storage of equipment or
materials.
"Elevated building" - A non-basement building
(i) built in the case of a building in Zones
Al-A30, AE, A, A99, AO, AH, B, C, X, or D, to have
the top* of the elevated floor, or -in the case of a
building in Zones V1-30, VE, or V, to have the
bottom of the .lowest horizontal structure member of the elevated floor elevated above the ground
level by means of pilings, columns (posts and
piers), or shear walls parallel to the flow of
the water and (ii) adequately anchored so as not
to impair the structural integrity of the build-
ing during a flood of up to the magnitude of
the base flood. •In the case of Zones Al-A30, AE,
A; A99, AO, AH, B, C, X, of D, "elevated building"
also includes a building elevated by means of
fill or solid foundation perimeter walls with
openings sufficient to facilitate. the unimpeded
movement of flood waters. In the case of Zones
V1-V30, VE, or V, "elevated building" also
includes a building otherwise meeting the
definition of "elevated building", even though
the lower area is enclosed by means of breakaway
walls that meet the federal standards.
2 5 2. AUGUST 10, 1993
"Existing manufactured home park or
subdivision" - A manufactured home park or
subdivision 'for which the construction of
facilities for servicing the lots on which the
manufactured homes are to be affixed (including,
at a minimum, the installation of utilities,
the construction of streets, and either final
site grading or the. pouring of concrete pads)
is complete before the effective date of the
floodplain management regulations adopted by
the community.
"Expansion to an existing manufactured home
park or subdivision" -. The preparation
of additional sites by the construction of
facilities.for servicing the lots on which
the manufactured homes are to be affixed
(including the installation of utilities,
the construction of streets; and either final
site grading or the pouring of concrete pads) .
"Federal. Emergency Management Agency" - the
Federal agency that administers the National
Flood Insurance Program.
"Flood" or "Flooding" - A general and
temporary condition of partial or complete
inundation of normally dry land areas from:.
(1) the overflow of inland or tidal waters;
(2)- the unusual and rapid accumulation or
runoff of surface waters from any source.
"Flood" or "flooding" also means the collapse or
subsidence of land along the shore of a lake or
other body of water as a result of erosion or
undermining caused by waves or currents of water
exceeding anticipated cyclical levels or suddenly
caused by an• unusually high water level in a natural
body of water, accompanied by a' severe storm, or
bj an unanticipated force of nature, such as a
flash flood or an abnormal tidal surge, or by some
similarly unusual and unforeseeable event which
results in flooding as defined in (1) above.
"Flood Boundary and Floodway Map (FBFM)" -
An official map of the community published by
the Federal Emergency Management Agency as part
of a riverine community's Flood Insurance Study.
The FBFM delineates a Regulatory Floodway along
water courses studied in detail in the Flood
Insurance Study.
"Flood Elevation Study" - An examination,
evaluation and determination of the flood hazards
and, if appropriate', corresponding water surface
elevations, or an examination, evaluation and
determination of flood- .related erosion hazards.
"Flood Hazard Boundary Map (FHBM)" means .an
official map of a. community, issued by the
Federal Emergency Management Agency, where the
boundaries of the areas of special flood hazard
have been designated as Zone A but no flood
elevations are provided.
AUGUST 10, 1993 253
"Flood Insurance Rate Map. (FIRM)" - An official
map of a community, on which the Federal Emergency
Management Agency has delineated both the areas
of special flood hazard and the risk premium
zones applicable to the community.
"Flood Insurance Study" - see "flood elevation
study".
"Floodplain" or "Flood-prone area" - Any land
area susceptible to being inundated .by' waterfrom
any source (see definition of "Flooding") .
"Floodproofing" - Any combination of structural
and non-structural additions, changes, or adjust-
ments to structures which reduce or eliminate
flood damage to real estate 'or improved real
property, water and sanitary facilities, struc-
tures and their contents.
"Floodway" - has the same meaning as Regulatory
Floodway".
"Functionally dependent use" - A use cannot
perform its intended purpose unless it is located
or carried out in close proximity to water. such
as a docking or port facility necessary for the
loading and unloading. of cargo or passengers,
shipbuilding; and ship 'repair facilities. The
term does not include long-term storage, manufac-
turing, sales, or service facilities.
"Highest adjacent grade" - The highest natural
elevation of .the ground surface, prior to construc-
tion, next to the proposed walls of a structure.
"Historic structure" means any structure that is:
A. listed individually in the National
Register of Historic Places (a listing
maintained by the Department of the
Interior) or preliminarily determined
by the Secretary of the Interior as
meeting the requirements for individual
listing on the National Register;
B. certified or preliminarily determined by
the Secretary of the Interior as- contri-
buting to the historical significance of
a registered historic district or a dis-
trict preliminarily determined by the
'Secretary to qualify as a registered
historic district;
C. individually listed on a state inventory
of historic places in states with historic
preservation programs which have been
approved by the Secretary of the Interior;
or
D. individually listed on a state inventory
of historic places in states with historic
preservation programs that have been
certified either:
(1.) by an approved state program as deter-
mined by the Secretary of the Interior
or
(2) directly by the Secretary of the
Interior in states without approved -
programs.
254 AUGUST 10, 1993
".Local Administrator" - Is the person appointed by the
community to administer and implement this local law
by ,granting..or denying development permits in accord-
ance with its provisions. This person is often the
Code Enforcement Officer, Building Inspector or
employee of an engineering department.
"Lowest Floor" - Lowest floor of the lowest enclosed
area (including basement or cellar) .. An unfinished
or flood resistant enclosure, usable solely for
parking of vehicles, building access, or storage in
an area other than a basement area is not considered
a building's lowest floor; provided, that such
enclosure is not built so as to render the struc-
ture in violation of the applicable.non-elevation
design requirements of this Local Law.
"Manufactured home" - A structure, transpor-
table in one or more -sections, which is built
on a permanent chassis and designed to be used
with or without a permanent foundation when
connected to the required utilities. The term
does not include a "Recreational vehicle".
"Manufactured home park or subdivision" - A
parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent
- or sale.
"Mean Sea Level" - For purposes of the National
Flood Insurance Program, the, National Geodetic
Vertical .Datum (NGVD) of 1929 or other datum, to
which base flood elevations shown on a community's
Flood Insurance Rate Map are referenced.
"Mobile home" -' Has the same meaning as
"Manufactured home".
"National Geodetic Vertical Datum (NGVD)" - As
corrected in 1929 is a vertical control used
as a reference for establishing varying
elevations within the flood plain.
"New construction" - Structures for which
the "start of construction" commenced on or
after the effective date of a floodplain
management regulation .adopted by the community
and includes- any subsequent improvements to
such structure.
"New manufactured home park or subdivision" -
A manufactured home park or subdivision for which
the construction of facilities for servicing the
lots on which the manufactured homes are to be
affixed (including at a minimum, the installa-
tion 'of utilities, the construction of streets,
and either final site -grading or the pouring of
concrete pads) is completed on or after the
effective date of floodplain management regula-
tions adopted by a community.
AUGUST 10, 1993 255
"One hundred year flood" or 11100-year flood" - Has
the same meaning as "Base Flood".
"Primary frontal dune" - A continuous or
nearly continuous mound or .ridge of sand with
relatively. steep seaward and landward slopes
immediately landward-and adjacent to the beach
and subject to erosion and overtopping from high
tides and waves during major coastal storms.
The inland limit of the primary frontal dune
occurs at the point where there is a distinct
change from a relatively steep slope to a
relatively mild slope.:
"Principally Above Cround" - That at least
- 51 percent of the actual cash value of the
structure, excluding land value, is above ground.
"Recreational vehicle" - A vehicle which is:,
A. built on a single chassis;
B. 400 square feet or less when measured
at.the largest horizontal projections;.
C. designed to ve self-propelled or perma-
nently towable by a light duty truck; and
D. not designed primarily for use as a
permanent dwelling but as temporary liv-
ing quarters for recreational, camping,
travel, or seasonal use.
"Regulatory Floodway" - The channel of a river
or other watercourse and the adjacent land areas
that must be" reserved in order to discharge -the
base flood without cumulatively increasing the
water surface elevation more than a designated -
height as determined by the Federal Emergency
Management Agency in a Flood Insurance Study or
by other agencies as provided in Section 4.4-2
of this Law.
"Sand Dunes" - Naturally occurring accumula-
tions of sand in ridges or mounds landward of
the beach.
"Start of construction" - Includes substantial
improvement and means the initiation, excluding
planning and design, of any phase of a project,
physical alteration of the property, and shall
include land preparation, such as clearing,
grading, and filling; installation of streets
and/or walkways; excavation for a basement,
footings, piers, or foundations or the erection
of temporary forms. It also includes the place-
ment and/or installation on the property of
accessory buildings (garages, sheds) storage
trailers, and building materials. For manufac-
tured homes the "actual start" means affixing of .
the manufactured home to its permanent site.
2 V AUGUST 10, 1993
"Structure" - A walled and roofed building,
including a gas or liquid storage tank, that
is principally above ground, as well as a manu-
factured home.
"Substantial damage" - Damage of any origin
sustained by a structure whereby the cost of
restoring and structure to its before damaged
condition would equal or exceed 50 percent of
the market value'of the structure before the
damage occurred.
"Substantial improvement" - Any reconstruction,
rehabilitation, addition, or other improvement
of a structure, the cost of which equals or
exceeds 50 percent of the market value of the
structure before the "start of construction" of
the improvement'. The term includes structures
which have incurred "substantial damage", regard-
less of the actual repair work performed. The
term does not, however, include either:
A. any project for improvement of a struc-
ture to correct existing violations of
state or local health, sanitary, or
safety code specifications which have been identified by the local code
enforcement official and which are the
minimum necessary to assure safe living
conditions; or
B. any alteration of a "Historic structure",
provided that the alteration will not
preclude the structure's continued desig-
nation as a "Historic structure".
"Variance" A grant of relief from the require-
..men.ts of this local law which permits construction
or use in a manner that would otherwise be prohibited
by this local law.
9 46.3. General Provisions.
9 46.3-1. Lands to which this Local Law applies.
This local law shall apply to all areas of special
flood hazard within the jurisdiction of the Town of
Southold
§ 46.3-2. Basis for establishing the areas of special
flood hazard.
The areas of special flood hazard are identified and
defined on the following documents prepared by the Federal
Emergency Management Agency:
A. Flood Insurance Rate Map (multiple panels) Index
No. 360813 0001 - 0120, whose effective date is
August 16, 1993.
B. A scientific and engineering report entitled
"Flood Insurance Study, Town of Southold, New
York, Suffolk County" dated August 16, 1993.
The above documents are hereby adopted and declared
to be a part of this Local Law, The Flood Insurance Study
and/or maps are on file at: the office of the Town Clerk.
AUGUST 10, 1993 2 5 7
f 46.3-3. Interpretation and conflict,.with other laws.
This Local Law includes all revisions to the National
Flood Insurance Program through November 1, 1989 and shall
supersede all previous laws adopted for the purpose of
flood damage prevention.In their interpretation and application, -the provi=
sions of this local law shall be' held to be minimum
requirements, adopted for the promotion of the public
health, safety, and welfare. Whenever the requirements
of this local law are at variance with the requirements
of any other lawfully adopted rules, regulations, or
ordinances, •the most restrictive, or that imposing the
higher standards, shall govern.
11 46.3-4. Severability.
The invalidity of any section or provision of this
local law shall not*invalidate any other section or
provision thereof.
46.3-5. Penalties for non-compliance.
No structure in an area of special flood hazard
shall hereafter be constructed, located, extended, con-
•verted, or altered and no land shall be excavated or
filled without full compliance ,with the terms of this
local law and any other 'applica6le regulations. Any
infraction of the provisions of this local law 'by
_ failure to comply with any' of its requirements, includ-
ing infractions of conditions and safeguards established
in connection with conditions of the permit, shall
constitute a violation. Any person. who violates this
local law or fails to comply with any of its require-
ments shall, upon conviction thereof, be fined no more
than $250 or imprisoned for not more than 15 days or
both. Each day of noncompliance shall be considered
a separate offense. Nothing herein contained shall
prevent the Town of Southold from taking such other
lawful action as necessary from taking such other
lawful action as necessary. to prevent or remedy an
infraction. Any structure found not compliant with
the requirements of this local law for which the
developer and/or owner has not applied for and
received on approved variance under Section 46.6 will
be declared non-compliant and notification sent to
the Federal Emergency Management Agency.
46.3-6. Warning and disclaimer of liability.
The degree of flood protection required by this
local law is considered reasonable for regulatory _
purposes and is. based on scientific and engineering
considerations. Larger floods can and will occur on
rare occasions. Flood heights may be increased by
man-made or natural causes. This local law does not
imply that land outside the area of special flood
hazards or uses permitted within such areas will be
free from flooding 'or flood* damages. This local law
shall not create liability on the part of the Town
of Southold, any officer or employee thereof, or the
Federal Emergency Management Agency, for" any flood
damages that result from reliance on this local law
or any administrative decision lawfully made thereunder.
2v` AUGUST 10, 1993
9 46.4. Administration
46.4-1. Designation of the local administrator.'
The Building Inspector is hereby appointed Local '
Administrator to administer and implement this local
law by granting or denying floodplain development
permits in, accordance with its provisions.
46.4-2. The floodplain development permit.
9 46.4-2(1). Purpose..
A floodplain development permit is hereby
_ established for all construction and other develop-
ment of be undertaken in areas of special flood
hazard in this community for the purpose of protec-
ting its citizens from increased flood hazards and
insuring that new development is constructed in a-
manner that minimizes its exposure to flooding.
It shall be unlawful to undertake any development
in an area of special flood hazard, as shown on
the Flood Insurance Rate Map enumerated in Section
46.3-2, without a valid floodplain development permit.
Application fora permit shall be made on forms
furnished by the Local Administrator and may include,
but not be limited to; plans, in duplicate, drawn
to scale and showing: the nature, location, dimen-
sions, and elevations of the area in question;
existing or proposed structures, fill, storage of
materials, drainage facilities, and the location
of the foregoing.
4 46.4-2(2). Fees. .
All applications for a floodplain development
permit shall be accompanied by an application fee. of
$ 100 . � In addition, the applicant shall be
responsible for reimbursing the Town of Southold
for any additional costs necessary for review,
inspection and, approval of this project. The Local
Administrator may require a deposit of no more than
$500.00 to' cover these additional costs.
3 46.4-3. Application for a permit.
The applicant shall provide at least the following
information, where applicable. Additional information
may be required on the permit application form.
A. The proposed elevation, in relation to mean
sea level, of the lowest floor .(including
basement or cellar) of any new or substantial-
ly improved structure to be located in Zones
Al-A30, AE or AH, of Zone A if base flood
elevation data are available. Upon completion
of the lowest floor, the permitee shall submit
to the Local Administrator the as-built eleva-
tion, certified by a licensed professional
engineer or surveyor.
B. The proposed elevation in relation to mean
sea level, of the bottom of the lowest struc-
tural member of the lowest floor (excluding
pilings and columns) of any new' or substantial-
ly improved structure to be located in Zones
V1-V30 or VE, or Zone V if base flood elevation
data are available. Upon .completion of the
lowest floor, the .permitee shall submit to the.
Local Administrator the as-built elevation,
certified by a licensed professinal engineer
or 'surveyor.
AUGUST 10, 1993259
C. The proposed elevation, in relation to mean
sea level, to which any new nor substantially
improved, non-residential structure will be
floodproofed. Upon completion of the flood-
proofed portion of the structure, "the permitee
shall submit. to the Local Administrator the
as-built floodproofed elevation, certified by a
professional engineer or surveyor.
D. A certificate. from a licensed profess.ional
engineer or architect hat any utility flood-
proofing.will meet the criteria in Section
46.5-2.(3), UTILITIES.
E. A certificate from a .licensed professional
engineer or architect that any non-residential
floodproofed structure will meet the floodproof-
ing criteria in Section 46.5-5, NON-RESIDENTIAL
STRUCTURES (EXCEPT COASTAL HIGH HAZARD AREAS) .,,,-
F. A description 'of the extent to which any water-
course will be altered or relocated as a result
of proposed development. Computations by a
licensed professional engineer must be submitted
that demonstrate that the altered or relocated
segment will provide equal or greater conveyance
than the original stream segment. The applicant
must submit any maps, computations or other
material required by the ,Federal Emergency
Management Agency (FEMA) to revise the documents
enumerated in Section 46.3-2, when notified by the
Local Administrator, and must pay any fees or
other costs assessed by FEMA for this purpose.
The applicant must also provide assurances that
the conveyance capacity of the altered or
relocated stream segment will be maintained. ,
G. A technical analysis, by a licensed profes-
sional engineer, if required by the Local
Administrator, which shows whether proposed
development to be located in an area of
special flood hazard may result in physical
damage to any other property.
H. In Zone A, when no base .flood elevation data
are available from other sources, base flood
elevation data shall be provided by the permit
applicant for subdivision proposal's and other
proposed developments (incl.uding proposals
for manufactured home and recreational vehicle
parks and subdivisions) that are greater than
either 50 lots or 5 acres.
I. In Zones V1-V30 and VE, and. also Zone V if
base flood ,elevation are available, designs
and specifications, certified by a licensed
professional, engineer or architect, for any
breakaway walls in a proposed structure with
design strengths in excess of 20 pounds per
square foot.
2 6 0 AUGUST 10, 1993
J. In Zones. V1-V30 and VE, and also Zone V if
base flood elevation are available, for all
new and substantial improvements to structures, _
floodplain development•permit applications
shall be accompanied by design plans and
specifications, prepared in sufficient detail
to enable independent review of the foundation
support and connection components. Said plans
and specifications shall be developed or
reviewed by a licensed professional engineer
or architect, and shall be accompanied by a
statement, bearing the signature of the archi-
tect or engineer, certifying that the design
and methods of construction to be used are in
accordance with accepted standards of practice
and with all applicable provisions of this
local law:
§46.4-4. Duties and responsibilities of the Local
Administrator.
Duties of the Local Administrator shall include, but
not be limited the following.
446.4-4(1). Permit application review.
The Local Administrator shall conduct the following
permit application review before issuing a flood-
plain development permit:
A. Review all applications for completeness,
particularly with the requirements of
subsection 46.4-3, Application for a Permit,
and for compliance with the provisions
and standards of this law.
B.* Review subdivision and other proposed 'new
development, including manufactured home
parks to determine whether proposed build-
ing sites will be reasonably safe from
flooding. If a proposed building site is
located in an area of special flood hazard,
all new construction and substantial
-improvements shall meet the applicable
standards of Section 46.5 Construction
Standards and, in .particular, sub-section
46.5-1 (2), Subdivision Proposals.
C. Determine whether any pr000sed development
in an area of special flood hazard •may
result in physical damage to any other
property (e•.g., stream bank erosion and
increased flood velocities) . The Local
Administrator may require the applicant
to submit additional technical analyses _
and data necessary to complete the deter-
mination.
If the proposed development may result
in physical damage to any other property
or fails to meet the requirements of
Section 46..5, Construction Standards, no
permit shall be issued. The applicant
may revise the application to include
measures that mitigate or eliminate the
adverse effects and re-submit the appli-
cation.
AUGUST 10, 1993 261
D. Determine that all necessary permits
have been received from those governmen-
tal agencies from which approval is
required by State or Federal law.
§.46.4-4(2). Use of other flood data.
A. When the Federal .Emergency Management
Agency has designated areas of special
flood hazard on the community's Flood
Insurance Rate map (FIRM) but has
neither produced water surface eleva-
tion data (these areas are designated
Zone A or V on the FIRM) nor identified.
a floodway,' the Local Administrator shall
obtain, review and reasonably utilize
any base flood elevation and floodway
data .available from a. Federal, State or
other source, including data developed
pursuant to paragraph 46.3(H) as criteria
for requiring that new construction, sub-
stantial improvements or other proposed
development meet the requirements of this
law'
B. When base flood elevation data are not
available, the Local Administrator may
use flood. information from any other
authoritative source, such as historical
data, to establish flood elevations within
the. areas of special flood hazard, for the
purposes of this law.
546.4-4(3). Alteration of watercourses.
A. Notification to adjacent communities and
the New York State Department of
Environmental Conservation prior to
permitting any alteration or relocation
of a watercourse, .and submittal of evi-
dence of such notification to the
Regional Director, Region II, Federal :
'Emergency Management Agency.
B. Determine that the permit holder has
provided for maintenance within the
altered or relocated portion of said
watercourse so that the flood carrying
capacity is not diminished.
§46.4-4(4). Construction Stage.
A. In Zones Al-A30, AE and AH, and also
Zone A if base flood elevation data
are available, upone placement. of the
lowest floor or completion of flood-
proofing of a new or substantially
improved structure, obtain from the
permit holder a certification of the
as-built elevation of the lowest floor
or floodproofed elevation, in relation
to mean sea level. The certificate
shall be prepared by or under the direct
supervision of a licensed land surveyor
or professional engineer and certified
by same. For manufactured homes, the
permit holder shall submit the certifi-
cate of elevation upon placement of the
structure on the site. A certificate
of elevation must also be submitted for
a recreational vehicle if it remains on
a site for 180 consecutive days or
longer. (unless it is fully licensed and
ready for highway use) .
262 AUGUST 10, 1993
B. In Zones V1-V30 and VE, and also Zone V
if base flood elevation data are avail-
able, upon placement of the lowest floor
of a new or substantially improved struc-
ture, the permit holder shall submit to
the ,Local Administrator a certificate of
elevation, in relation to mean sea level,
of the bottom'of the lowest structural
member of the lowest floor (excluding
pilings and columns) . For manufactured
homes, the permit holder shall submit the
certificate of elevation upon placement _
of the structure on the site. An eleva-
tion certificate must also be submitted
_ for a recreational -vehicle if it remains
on a site, 180 consecutive days or longer
(unless it is fully licensed and ready
'for highway use) .
C. Any further work undertaken prior to
submission and approval of the certifi-
cation shall be at the permit holder's
risk. The Local Administrator shall
review all data submitted. Deficiencies
detected shall be cause to issue a stop
work order for the project unless immedi-
ately corrected.
946.4-4(5). Inspections.
The Local Administrator and/or the developer's
engineer or architect shall make periodic inspec-
tions at appropriate times throughout the period
of construction -in order to monitor compliance
with permit conditions and enable said inspector
to certify, if 'requested, that the development
is in compliance with the requirements of the
floodplain development permit and/or any variance
provisions.
§46.4-4(6). Stop work orders.
_ A. The Local Administrator shall issue, or '
cause to be issued, a stop work order
for any floodplain development found
ongoing without a development permit.
Disregard of a stop work order shall
subject the violator to the- penalties
described in Section 46.3-5 of this local .
law.
B. The Local Administrator shall issue, or
cause to be issued, a stop work order
for any floodplain development found non-
compliant with the provisions of this law
and/or the conditions of the. development
permit.. Disregard of a stop work order
shall subject the violator of the penal-
ties described in Section 46.3-5 of this
local law.
AUGUST 10, 1993 263,
46.4-4(7). Certificate of Compliance.
A. In areas of special flood hazard, as
determined by documents enumerated in _
Section 46.3-2, it-..shall be unlawful to
occupy or to permit the use or occupancy
of any building or permises, or both,
or part thereof hereafter created,
erected, changed, converted or wholly
or partly ,altered or enlarged in its
use or structure until a certificate
of compliance has been issued by the
Local Administrator stating that the
building or land conforMs, to the
requirements of this local. law.
B. A certificate of compliance shall be
issued by the Local Administrator
upon satisfactory completion of all
development in areas of special flood
hazard.
C. Issuance of the certificate shall be
based upon the inspections conducted
as prescribed in. Section 46.4-4(5),
Inspections, and/or any certified
elevations, hydraulic data, flood-
proofing, anchoring requirements or
encroachment. analyses which may have
been required'as 'a condition of the
_ approved permit.
9 46.4-4(8). Information to be retained.
The Local Administrator shall retain and
make available for inspection, copies of the
following:
A. Floodplain development permits and
certificates of compliance;
B. Certifications of as-built lowest
floor elevations of structures,
required pursuant to sub-sections
46.4-4(4)(A) and 46.4-4(4) (B) of section
46.4-4, Construction Stage, and whether
or not the structuires contain a base-
ment;
C. Floodproofing certificates required
pursuant to sub-sections 46.4-4(4)(A) of
Section 46.4-4, Construction Stage, and
whether or not the structures contain
a .basement;
D. Certifications required pursuant to sub-
section 46.5-4(14), Breakaway wall design
standards, and paragraph (10) of Section
46.4-3, Application for a permit;
E. Variances issued pursuant to Section
46.6, Variance procedures; and,
F. Notices required. under sub-section
46.4-4(3), Alteration of Watercourses.
2 6 ` ' AUGUST 10, 1993
§46.5. Construction Standards.
§46.5-1. General Standards
The following standards apply to new development,
including new and substantially improved structures,
in the areas of special flood hazard shown on the Flood
Insurance Rate Map designated in Section 46.3=3.
946.5-1(1). Coastal High Hazard Areas.
The following requirements apply within Zones
V1-V30, VE and V!
A. All new construction, including manu-
factured homes and recreational vehicles
on site 180 days or longer and not fully
licensed for highway. use, shall be
located landward of the reach of high
tide.
B.- The use of fill for structural support
of buildings, manufactured homes or
recreational vehicles on site 180 days
or longer is prohibited.
C. Man-made alteration of sand dunes which
would increase potential flood damage is
prohibited.
46.5-1(2). Subdivision proposals.
The following standards apply to all new sub-
division proposals and other proposed development
in areas of" special flood hazard (including pro-
posals for manufactured home and recreational
vehicle parks and subdivisions) :
A. Proposals shall be. consistent with the
need to minimize flood damage;
B. 'Public utilities and facilities such as
sewer, gas, electrical and water systems
shall be "located and constructed so as
to minimize flood damage; and,
C. Adequate drainage shall be provided to
reduce exposure to flood damage.
§ 46.5-1(3). Encroachments.
A. Within Zones Al-A30- and AE, on streams
without a regulatory floodway, no new
construction, substantial improvements
or other development (including fill)
shall be permitted unless:
(1) the applicant demonstrates that
the cumulative effect of 'the pro-
posed development, when combined
with all other existing and antici-
pated development, will not increase
the water surface elevation of the
base flood more than one foot at
any location, or,
AUGUST 10, 1993 265
(2) the Town of Southold agrees to apply
to the Federal Emergency Management
Agency (FEMA) for a conditional FIRM
revision, FEMA approval is received
and the applicant. provides all neces-
sary data, analyses and mapping and
reimburses the Town of Southold for
all fees and other ,costs in relation
to the application. The applicant
must also provide all data, analyses
and mapping and reimburse the Town
of Southold for all costs related
to the final map revision.
B. On streams with a regulatory floodway, as
shown on the Flood Boundary and Floodway
Map or the -Flood Insurance Rate Map
adopted in Section 46.3-2, no new con-
struction, substantial improvements or
other developments in the floodway (includ-
ing fill) shall be permitted unless:
(1) a technical evaluation by a licensed
professional engineer shows that
such an encroachment shall not
result in any increase in flood
levels during occurrence of the
base flood, or,
(2) the Town of Southold agrees to apply
to the Federal Emergency Management
Agency (FEMA) for a conditional
FIRM and floodway revision, FEMA
approval is received and the appli-
cant provides all necessary data,
analyses and mapping and reimburses
the Town of Southold for all fees
and other costs in relation to the
application. The applicant must
also provide.all data, analyses and
mapping and reimburse the Town of
Southold for all costs related to
the final map revisions.
46.5-2. Standards for all 'structures.
_ 4 46.5-2(1). Anchoring.
A. New structures and substantial improve-
ment to structures in areas of special
flood hazard shall be anchored to prevent
flotation, collapse, or lateral movement
during the base flood. This requirement
is in addition to applicable State and
local anchoring requirements for resisting
wind forces.
46.5-2(2). Construction materials and methods.
A. New construction and substantial improve-
ments to structures shall be constructed
with materials and utility equipment
resistant to flood damage.
6. New construction and substantial improve-
ments to structures shall be constructed
using methods and practices that mini-
mize flood damage.
2 6 6 AUGUST 10, 1993
C. For enclosed areas below the lowest floor
of a structure within Zones Al-A30, Ae or
AH, and also Zone A if base flood eleva-
tion data are available, new and substan-
tially improved structures shall have
fully enclosed areas below the lowest
floor that are useable solely for parking
of vehicles, building access or storage
in "an 'area other than a basement and
which are subject to flooding, designed
to automatically equalize hydrostatic
flood forces on exterior walls by allow-
ing for the entry and exit of flood
waters. Designs for meeting this require-
ment must either be certified by a licensed
professional engineer or architect or
meet or exceed the following minimum
criteria:
(1) *a minimum of two openings having a
total net area of not less than one
square inch ,for every square foot of
enclosed area subject to.flooding;
and
(2) the bottom of all such openings no
higher than one foot above the lowest
adjacent finished grade.
Openings may be equipped with louvers,
valves, screens or other coverings or
devices provided.they permit the auto-
matic entry and exit of floodwaters.
D.. Within Zones V1-V30 and VE, and also with-
in Zone V if base flood elevation are
available, new construction and substan-
tial improvements shall have the space
below the lowest floor either free from
obstruction .or constructed with non-
supporting breakaway walls, open wood
lattice-work or insect screening intended
to collapse under wind and water loads
without causing collapse, displacement,
or other structural damage to the
elevated portion of the building or
supporting foundation system. The
enclosed space below the lowest floor
shall be used only for parking vehicles,
building access or storage. Use of this
space for human habitation is expressly -
prohibited. The construction of stairs,
stairwells and elevator shafts are sub-
ject to the design requirements for
breakaway walls.
§ 46.5-2(3). Utilities.
A. Machinery and equipment servicing a
building must either be. elevated to or
above the base flood level or designed
to prevent water from entering or
accumulating within the components
AUGUST 10, 1993 267
during a flood. This includes heating,
ventilating, and air conditioning equip-
ment, hot water heaters, applicances,
elevator lift machinery, and electrical
junction and circuit breaker boxes.
When located below the base flood eleva-
tion, a professional engineer's or
architect's certification of the design
is required;
B. New and replacement water supply systems
shall be designed to minimize or elimi-
nate infiltration of flood t,�,aters into
the system;
C. New and replacement sanitary sewage
systems shall be designed to minimize or
eliminate infiltration..of flood waters.
Sanitary sewer and storm drainage systems
for buildings that have openings .below
the base flood elevation shall be provided
with automatic backflow valves or other
automatic backflow devices that are
installed in each discharge line passing
through a building's exterior wall; and,
D. On-site waste disposal systems shall be
located to avoid. impairment to them or
contamination -from them during flooding.
46.5-3. Residential structures (except coastal high
hazard areas).
Elevation.
The following standards, in addition to the
standards .in subsections 46.5-1 (2), Subdivision _
proposals, and 46.5-1(3), Encroachments, and Section
46.5-2, Standards for all structues, apply to struc-
tures located in areas of special flood hazard as
indicated.
A. Within Zones Al-A30, AE and AH and also Zone '
A if base flood elevation data are available
new construction and substantial improvements
shall have the lowest floor (including. base-
ment) elevated to or above the base flood
level.
B. Within Zone A, when no base flood elevation
data are available, new and substantially
improved structures shall have the lowest
floor (including basement) elevated at
least three feet above the highest adjacent
grade.
C. Within Zone AO, new and substantially
improved structures shall have the lowest
floor (including basement) elevated above
the highest adjacent grade at least as high
as the depth number specified in feet on the
community's Flood Insurance Rate Map enumer-
ated in Section 46.3-2 (at least two feet
_ if no depth number is specified) .
D. Within Zones AH and AO, adequate drainage
paths are required to guide• flood waters
around and away .from proposed structures on
slopes.
268 AUGUST 10, 1993
11 46.5-4. Residential Structures (Coastal high hazard
areas)
The following standards, in addition to the stand-
in sub-sections 46.5-1 (1), Coastal high hazard areas, and
46.5-1 (2), Subdivision proposals, and Section 46.5-2,
standards for all structures, apply to structues located
in. areas of special flood hazard shown as Zones V1-V30,
VE or V on the community's Flood Insurance Rate. Map
designated in Section 46.3-2.
11 46.5-4(1). Elevation.
New construction and substantial improvements
shall be elevated on pilings, columns or shear walls
such that the bottom of the lowest horizontal struc- _
Aural member supporting the Lowest elevated floor
(excluding columns, piles, diagonal bracing attached
to the piles or columns, grade beams, pile caps and
other members designed to either withstand storm
action or break away without imparting damaging loads
to the structure) is elevated to or above the level
of the base flood so as not to impede the flow of
water.
46.5-4. (2). Determination of loading forces.
Structural design shall consider the effects
of wind and water loads acting simultaneously dur-
ing the base flood on all building components.
A. The structural design shall be adequate
to resist water forces that would occur
during the base flood. Horizontal
water loads considered shall include
inertial and drag forces of waves,
'current drag forces, and impact forces
from water-borne storm debris.' Dynamic
uplift loads shall also, be considered
if bulkheads, walls, or other natural
or man-made flow obstructions could
cause wave rump beyond the elevation
of the base flood.
B. Buildings shall be designed and con-
structed to 'resist the forces due to
wind pressure. Wind forces on the
superstructure include windward and
leeward forces on vertical walls,
uplift on the roof, internal forces
when openings allow wind to enter the
house, and upward force on the under-
side of the house when it is exposed.
In the design, the wind should be
assumed to blow potentially from any
lateral direction relative to the
house.
C. Wind loading values used shall be
those required- by the building code.
AUGUST 10, 1993 269
2 46.5-4(3). Foundation standards.
A. The pilings or column foundation and
structure attached thereto shall be
adequately anchored to resist flotation,
collapse or lateral movement due to the
effects of wind and water pressures act- _
ing simultaneously on all building compo-
nents. Foundations must be designed to
transfer safely to the underlying soil
all loads due to wind, water, dead load,
!ive load and other loads (inc!L!ding ;
uplift due to wind and water) .
B. . Spread footings and fill material shall
not be used for structural support of a
new building or substantial improvement
of an existing structure.
9 46.5-4(4). Pile foundation design.
A. The design ratio of pile spacing to pile
diameter shall not be less than 8:1. for
individual piles (this shall not apply to "
pile clusters located below the design
grade) - The maximum center-to-center
spacing of wood piles shall not 'be more
than 12 feet on center under load bearing
sills, beams, or girders.
B. Pilings shall have adequate soil penetra-
tion (bearing capacity) to resist the com-
bined wave and wind loads (lateral and up-
lift) associated with the base flood action
simultaneously with typical structure (live
and dead) loads, and shall include consider-
ation of decreased resistance capacity
caused by erosion of soil strata surround-
ing the piles. The minimum penetration
for foundation piles is to an elevation of
5 feet below mean sea. level (msl)• datum if
the BFE is +10 msl or less, or to be at
least 10 feet below msl if the BFE is
greater than +10 msl.
C. Pile foundation analysis shall also in-
clude consideration of piles in column
action -from the bottom of the structure
to the stable soil elevation of the site.
Pilings may be horizontally or diagonally
braced to withstand wind and water forces.
C. The minimum acceptable sizes for timber
piles are a tip diameter of 8 inches. for
round timber piles and 8 by 8 inches for
square timber piles. All wood piles must
be treated in accordance with requirements
of EPEE-C3 to minimize decay and damage
from fungus.
E. Reinforced concrete piles shall be cast
of concrete .having a 28-day ultimate
compressive strength of not less than
5,000 pounds per square inch, and shall be
reinforced with a .minimum of four longi-
tudinal steel bars having a combined area
of not less than 1 o nor more than 40 of
the gross concrete area. Reinforcing for
precast piles shall have a concrete cover
of not less than 1 1/4 inches for No. 5
270 AUGUST 10, 1993
bars and smaller and not less than 1 1/2
inches for No. 6 through No. 11 bars.
Reinforcement for piles cast in the field
shall have a concrete cover of not less
than 21 inches.
F. Piles shall be driven by means of a pile
driver or drop hammer, jetted, 'or augered
into place.
C. Additional support for piles in the form
of bracing;may include lateral or diagonal
bracing _between piles.
H. When necessary, piles shall be braced at
the ground line in both directions by a
wood timber grade beam or a reinforced
concrete grade beam. These at-grade
supports should be securely attached to
the piles to provide support even if
scoured from beneath.
I . Diagonal bracing between piles, consist-
ing of 2-inch by 8-inch (minimum) members
bolted to the piles, shall be limited in
location to below the lowest supporting
structural member and .above the stable
soil elevation, and aligned in the verti-
cal plane along pile rows perpendicular
to the shoreline. Galvanized 'steel rods
(minimum diameter 1/2 inch) or cable type
bracing is permitted in any plane:
J. Knee braces, which stiffen both the upper
portion of a pile and the beam-to-pile
connection, may be used along pile rows
perpendicular and parallel to the shore- _
line. Knee braces shall be 2-by-8 lumber
bolted to the sides of the pile/beam, or
4-by-4 or larger braces framed into the
pile/beam. Bolting shall consist of two
5/8-inch galvanized steel bolts (each
end) for 2-by-8 members, or one 5/8-inch
lag bolt* (each end) for square members.
Knee .braces shall not extend more than
3 feet below the elevation of the base
flood.
9. 46.5-4(5). Column foundation design.
A. Masonry piers or poured-in-place concrete
piers shall be internally reinforced. to
resist vertical and lateral loads, and
'be connected with a moment-resisting
connection to a pile cap or He shaft.
1 46.5-4(6). Connectors and Fasteners.
A. Galvanized metal conenctors, wood connec-
tors, or bolts of size and number ade
quate for the calculated loads must be
used to .connect adjoining components of .
a structure'. Toe nailing as a principal
method of connection is not permitted.
All metal connectors and fasteners used
in exposed locations .shall be steel, hot-
dipped galvanized after fabrication.
Connectors in protected interior loca-
tions shall be fabricated from galvanized
sheet.
AUGUST 10, 1993 271
II 47.5-4(7). Beam to pile connections.
(A) The primary floor beams. or girders shall
span the supports in the direction parallel
to the flow of potential floodwater and
wave action and shall be fastened to the
columns or pilings by bolting, with or
without cover plates. Concrete members
shall be connected by reinforcement, if
cast in place, or (of precast) shall be
securely connected by bolting and welding.
If sills, beams, or girders are attached
to wood piling at a notch, a ,minimum of
two (5/8)-inch galvanized steel bolts or _
two hot-dipped galvanized straps 3/16
inch by 4 inches by 18 inches each bolted
With two 1/2 inch lag bolts per beam
member shall be used. Notching of pile
tops shall be the minimum sufficient to k
provide ledge support-for beam members
without unduly weakening pile connections.
Piling shall not be notched so that the
cross section is reduced below 500.
§ 46•.5-4(8). Floor and deck. connections.
(A) Wood 2- by 4-inch (minimum) connectors or
metal joist anchors :shall be used to tie
floor joists to floor beams/girders.
These should be installed on alternate
floor joists, at a minimum. Cross bridg-
.ing of all floor joists shall be provided.
Such cross bridging may be 1- by 3-inch
members, placed 8 feet on-center maximum,
or solid bridging of same depth as joist
at'same spacing'.
(B) Plywood should be used for subflooring
and attic flooring to provide good
torsional resistance in the horizontal
plane of the 'structure. The plywood
should not be less than (3/4)-inch total
_ thickness, and should be exterior grade
and fastened .to beams or joists with 8d
annular or spiral thread galvanized nails.
Such fastening shall ,be supplemented by the
application of waterproof industrial
adhesive applied to all bearing surfaces.
9 46.5-4(9). Exterior Wall Connections.
(A) All' bottom plates shall have any required
breaks under a wall stud or an achor bolt.
Approved anchors will be used to secure
rafters or joists and top' and bottom plates
to studs in exterior and bearing walls to
form a.continuous tie. Continuous 15/32-
inch or thicker plywood sheathing--overlapping
the top wall plate and continuing down to
the sill, beam, or girder--may be -used to
provide the continuous tie. If the sheets
of plywood are not vertically continuous,
then 2-by-4 nailer blocking shall be pro-
vided at all horizontal joints. In lieu of
the plywood, galvanized steel rods of 1/2- _
inch diameter or galvanized steel straps not
less than 1 inch wide by 1/16 inch thick may
be used to connect from the top wall plate
to the sill, beam, or girder. Washers with
a minimum.diameter of 3 inches shall be
used at each end of the 1/2-inch round rods.
These anchors shall be installed no more
than 2 feet from each corner rod, no more
than 4 feet on center.
272 AUGUST 10, 1993
46.5-4(10). Ceiling joist/rafter connections.
(A) All ceiling joists or rafters shall be
installed in such a manner that the joists
provide a continuous tie across the
rafters. Ceiling joists and rafters
shall .be securely fastened at their
intersections. A metal. or wood connec-
tor shall be used at alternate ceiling
Joist/rafter connections to the wall
top plate.
Gable roofs shad be additionally
stabilized by installing 1-by74 blocking
on 2-foot centers between the rafters at
each gable end. Blocking shall be
installed a: minimum of 8 feet toward the
house interior from each gable end.
46.5-4(11). Projecting members.
A. All cantilevers and other projecting
members must be adequately supported and
braced to withstand wind and water uplift
forces. , Roof eave overhangs shall be
limited to a maximum of 2 feet and
joist overhangs to a maximum of •1 foot.
Larger overhangs and porches will be
permitted if designed or reviewed by a
registered professional engineer or
architect and certified in accordance
with Section 46.4-3(J) of this local law.
46.5-4(12). Roof Sheathing
A. Plywood, or other wood material, when
used as roof sheathing, shall not be
less than 15/32 inch in thickness, and
shall . be of- exterior sheathing grade or
equivalent. All attaching devices for
sheating and roof coverings shall be
-galvanized or be of other suitable -
corrosion resistant material.
B. All. corners, gable ends, and roof over-
hangs exceeding six .inches shall be
reinforced by the application of water-
.proof industrial adhesive applied to all
bearing surfaces of any plywood sheet
used in the sheathing •of such corner,
gable end, or roof overhang.
(C) In addition, roofs shoudl be sloped as
steeply as practicable to reduce uplift
pressures, and special care should be
used in securing ridges, hips, valleys,
eaves, vents, chimneys, and other points
of discontinuity in the roofing surface.
46.5-403). Protection of openings.
(A) All exterior glass panels, windows, and
doors shall be designed detailed and
constructed to withstand loads due to
the design wind speed of 75 mph. Connec-
tions for these elements must be designed
to transfer' safely the design loads to
the supporting structure. Panel widths
of multiple panel sliding glass doors
shall not exceed three feet.
AUGUST 10, 1993 273
9 46.5-4(14).' Breakaway wall design standards.
(A) The breakaway wall shall have a -design
safe loading resistance of not less
than 10 and not more than 20 pounds
per square foot, with the criterion
that the safety of the overall struc-
ture at the point of wall .failure be
confirmed using established procedures.
Grade beams shall be installed in both
directions for all piles considered to
carry the breakaway wall ioad. Knee
braces are required for front row- piles
that support breakaway walls..
(B) Use of breakaway wall strengths in.
excess of 20 pounds per square foot
shall not be permitted unless a _
registered professional engineer or
architect has developed or reviewed
the structural design and specifica-
tions for the building foundation and
breakaway wall components, and certifi-
fies that (1) breakaway walls will fail
under water loads less than those that
would occur during the base flood; and
(2) the elevated portion of the build-
ing and supporting foundation, system
will not be subject to collapse, dis-
placement, or. other structural damage
due to the effects of wind and water
loads acting simultaneously on all
building components (structural and
non-structural) . Water loading values
used shall be those associated with the '
base flood.. Wind loading values shall
be those required by the building code.
4 46.5-5. Non Residential Structures (Except coastal high
hazard areas)
The following standards apply to new and substan-
tially improved commecial, industrial and other non-
residential structures, in addition to the requirements
in sub-sections 46.5-1 (2),' subdivision proposal, and
46.5-1 (3), Encroachments, and 46.5-2, Standards for
all structures.
(A) Within Zones Al-A30, AE and AH, and also Zone
A if base flood elevation data are available,
new construction and substantial improvements
of any non-residential structure, together with
attendant utility and sanitary facilities, shall
either:
(1) have the lowest floor, including basement
or cellar, elevated to or above the base
flood elevation; or
(2) be floodproofed so that the structure is
watertight below the base flood level
with walls substantially impermeab-le to
the passage of water. All structural
components. located below the base flood
level must be capable of resisting
hydrostatic and hydrodynamic loads and
the effects of buoyancy. .
274 AUGUST 10, 1993
(B) Within Zone AO, new construction and substan-
tial improvements of non-residential struc-
tures shall:
(1) have the lowest floor (including basement) ,
elevated" above the the highest adjacent
grade at least as high as the depth
number specified In feet on the community's
FIRM (at least two feet* if no depth number
is specified), or
(Z j `together with attendant utility and sani-
tary facilities, be completely flood-
proofed to that level to meet the flood-
proofing standard specified in sub-section
46.5-5(A)(2) .
(C) If the structure is to be floodproofed, a
licensed professional engineer or architect
shall develop and/or review structural design,
specifications, and plans for construction.
A Floodproofing Certificate or other certifi-
cation shall be provided to the Local Adminis-
trator that certifies the design and methods
of construction are in accordance with
accepted standards of practice for meeting
the provisions of Section 46.5-5(A)(2), includ-
ing the specific elevation (in relation to
mean sea level) to which the structure is to
be floodproofed.
(D) Within Zones AH and AO, adequate drainage
Paths are required to guide-flood waters
around and away from proposed structures on
slopes.
(E) Within Zone A, when no base flood elevation
data are available, the lowest floor (includ-
ing basement) shall be elevated at least
three feet above the highest adjacent grade.
9 46.5-6. Non-residential structures (coastal high hazard areas)
(A) In-Zones' V1-V30, VE and also Zone V if base
flood elevations are available, new construc-
tion and .substantial improvements of any non-
residential structure, together with attendant
Utility .and sanitary facilities, shall have
the bottom of lowest member of the lowest floor
elevated to or above the base flood elevation.
Floodproofning of structures is not -an allow-
able alterative to Floodlproofing of struc-
tures is riot' an allowable alternative to
elevating the lowest floor to the base flood '
elevation in Zones V1-V30, VE and V.
946.5-7. Manufactured homes and recreational vehicles.
The following standards in addition to the standards in
Section 46.5-1, General Standards, and Section 46.5-2,
Standards for all structures apply in areas of special
flood--'hazard:to.manufactu'red homes and .to recreational
vehicles. which 'are located in areas of special flood
Hazard.
AUGUST 10, 1993 2 5
(A) Recreational vehicles placed on sites within Zones '
Al-A30, AE, AH, V1-V30, V and VE shall either:
(1) be on site fewer than 180 consecutive days,
(2) be fully licensed and ready for highway use, or
(3) meet the requirements for manufactured homes in
paragraphs 46.5-7(B), (D) and (E) .
A recreational vehicle is ready for highway use if
it is on its wheels or jacking system, is attached
to the site only by quick disconnect type utilities
and security devices and has no permanently attached
additions.
(B) A manufactured home that is placed or substantially
improved in Zones Al-A30, AE, -AH, V1-V30 or VE that
is on a site either:
(1) outside of an existing manufactured home park or
subdivision as herein defined;
(2) in a new manufactured home park or subdivision
as herein defined;
(3) in an expansion to an_ existing manufactured home
park or subdivision as herein defined; •or
(4.) in an existing manufactured home park or subdivis-
ion as herein defined on which a manufactured home
has incurred substantial damage as the result of a
flood;.
shall, within Zones A1-A30, AE and AH, be elevated on a
permanent foundation such.:that the lowest floor is
elevated to or above the base flood elevation and is
securely anchored to an adequately anchored foundation
system to resist flotation, collapse and lateral move-
ment; or, within Zones V1-V30 and VE, be elevated on
a pile foundation such that the bottom of the lowest
structural member of the lowest floor (excluding
pilings and columns) is elevated to or above the base
flood elevation and securely anchored to an adequately
anchored foundation system to resist flotation, collapse
and lateral movement. Elevation on piers consisting of
dry stacked blocks in prohibited. Methods of anchoring
may include, but are not limited to, use of over-the-
top or frame ties to ground anchors.
(C) A manufactured home to be placed or substantially
improved in Zone Al-A30, Ae, Ah, V1-V30, or VE, in
an- existing manufactured home park or subdivision
that is not to be placed on a site on which a., manu-
factured home has incurred substantial damage shall be:
(i) elevated in a manner such as required in para-
graph 46.5-7(B), or
(ii) elevated such that the manufactured home chassis
is supported by reinforced piers or other founda-
tion elements of. at least equivalent strength
that are no less than 36 inches in height above
grade and are securely anchored to an adequately
_ anchored foundation system to resist flotation,
collapse or lateral movement. Elevation on piers
consisting of dry stacked blocks in prohibited.
2 ! 6 AUGUST 10, 1993
(D). Within Zones Z or V, when no base flood elevation
data are available, new and substantially improved
manufactured homes shall be elevated such that the
manufactured home chassis. is supported by-reinforced
piers or other foundation elements of at least equiva-
lent strength that are no less than 36 inches in
height above the lowest adjacent grade and are securely
anchored to an adequately anchored foundation system
to resist flotation, collapse or, lateral movement.
Elevation• on piers consisting of dry stacked blocks
in prohibited.
(E) Within Zone A0, the floor shall be elevated above the
highest adjacent grade at least as high as the depth
number specified on the Flood Insurance Rate Map
enumerated in Section- 46.3-2 (at least two feet if
no depth number is specified. Elevation on piers
consisting of dry stacked blocks in prohibited.
§46..6. Variance Procedure.
9 46.6-1 Appeals Board.
(A) The Zoning Board of Appeals as established by the
Town of Southold,. shall hear and decide appeals and
requests for variances from the requirements of this
local law.
(B) The Zoning Board of Appeals shall hear and decide
appeals when itis alleged there is an error in any
requirement, decision, or determination made by the
Local Administrator in the enforcement or adminis-
tration of this local law.
(C) Those aggrieved by the decision of the Zoning Board
of Appeals may appeal such decision to the Supreme
Court pursuant to Article 78 of the Civil Practice
Law and Rules.
(D) In passing upon such applications, the Zoning Board !`
of Appeals, shall consider all technical evaluations,
p i
all relevant factors, standards specified in other
sections of this local law and:
(1) the danger that materials may be swept onto
other lands to the injury of others;
(2) the danger to life and property due to flood.in.g
or erosion damage;
(3) the susceptibility of the proposed facility
and its..contents to flood damage and the effect
of such damage on the individual owner;
(4) . 'the importance. of the services provided by the
proposed facility to the community;
(5) the necessity, to the facility of a waterfront
location, where applicable;
(6) the availability of alternative locations for
the proposed use which are not subject to flood-
ing or erosion damage;
(7) the compatibility of the proposed use with
existing and anticipated development;
AUGUST 10, 1993 2 7 l
(8) the relationship of the proposed use to the
comprehensive plan and floodplain management
program of that area;
.(9) the safety of access to the property in times
of flood for ordinary and emergency vehicles;
•(10) the costs to local governments and the dangers
associated with conducting search and rescue
operations during period of flooding.
(11) the expected heights, velocity, duration; . rate
of rise and sediment transport of the flood
waters and the effects ,of wave action, if
applicable, expected at the site; and
(12) the costs of providing governmental services
during and after flood conditions, including
search and rescue operations, maintenance and
repair of public utilities and facilities such
as sewer, gas, electrical, and water systems and
streets and bridges.
E. Upon consideration of the factors of Section 46.6-1 (D)
and the purposes of this local law, the Zoning Board
of Appeals may attach such conditions to the granting
of variances as it deems necessary to further the
purposes of this local law.
F. The Local Administrator shall maintain the records of
all appeal actions including technical .information and
report any variances to the Federal Emergency Management
Agency upon .request.
46.6-2 CONDITIONS FOR VARIANCES
A. Generally, variances may be issued for new construc-
tion'and substantial improvements to be erected on
a lot of one-half acre or less in 'size contiguous
to and surrounded by lots with .existing structures
constructed below the base flood level, providing
items (1"12) in Section 46.6-1 (D) have been fully
considered. As the lot size increases beyond the
one-half acre, the technical justification required
for issuing the variance increases.
B. Variances may be issued for the repair or rehabili-
tation of historic structures upon determination that:
(1) the proposed repair or rehabilitation will not
preclude the structure's continued designation
as a "Historic structure".
(2) the variance is the minimum necessary to preserve the historic character and design of the structure.
C. .Variances may be issued by a community for new con-
struction and substantial improvements and for other.
development necessary for the conduct of a functionally
dependent use provided that:
(1) the criteria of subparagraphs 1, 4, 5, and 6 of
this Section are met;
(2) the structure or other development is protected
by methods that minimize flood damages during the
base flood and create no additional threat to
public. safety.
278 AUGUST 10, 1993
D. Variances shall not be issued within any designated
floodway if any increase in flood levels during the
base flood discharge would result.
E. Variances shall only be issued upon a determination
that the variance is the minimum necessary, consider-
ing the flood hazard, to afford relief.
F. Variances shall only be issued upon receiving written
justification of:
(1) a showing of good and sufficient cause;
(2) a determination.that failure to grant the variance
would result in exceptional hardship to the applicant;
- and
(3) a determination that the granting of a variance
will not result in increased flood heights,
additional threats to public safety, extra-
.ordinary public expense, create nuisances,
cause fraud on or victimization of the public
or conflict with existing local laws or
ordinances.
C. Any applicant to whom a variance is granted for a
building with the lowest floor below the base flood
elevation shall be given written notice over the
signature of a community official that the cost of
flood insurance will be commensurate with the
increased risk. resulting from lowest floor. elevation.
II . This Local Law shall take effect upon its filing with the Secretary of State.
26.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I need a motion for a "Local Law in Relation to Restricted
Parking"..
27.-Moved by Justice Edwards, seconded by Councilwoman Hussie,
WHEREAS, there was presented to the Town Board of the Town of Southold, on
the 27th day of July, 1993, Local Law No. 17 - 1993 entitled, "A Local Law in
Relation to Restricted Parking"; and
WHEREAS, a public hearing was held on this Local Law on the 10th day of August,
1993, at which time all interested persons were given an opportunity to be heard;
now, therefore, be it
RESOLVED that Local Law No. 17 - 1993 be enacted as follows:
LOCAL LAW NO. 17 -1993
A Local Law in Relation to Restricted Parking
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 92 (Vehicles. & Traffic) of -the Code of the Town of Southold is hereby
amended as follows:
1'. Article IV, Section 92-43 (Parking for limited time only.) is hereby
amended by adding thereto the following:
Name of Between the Time
Street Side Hours of Limit Location
First Street Both 6:00 a.m. and 15 mins. In New Suffolk, between
6:00 P.m: Jackson Street and
Main Street.
ll . This Local Law shall take effect upon its filing with the Secretary of State.
* Underline indicates addition(s)
27.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: In case there are those members of the audience, who
would like to know about the last public hearing, that we had, and the last resolu-
tion we just acted upon, which is restricted parking, we have to change the law
everytime we set posting signs. We set signs posting the amount of hours, or
the no-parking, or whatever may be on the Town roads. This one is in reference
to request by the New Suffolk Post Office, who had a problem with people parking
in front of their post office for long durations; rather than just doing their busi-
ness at the post office, and just leaving. People were actually just parking there,
AUGUST 10, 1993 279
and going to the beach, and so on. So, we .have enacted this based on the
request of the New Suffolk community, and the Postmaster, and I hope this will
rectify that situation once and for all. At this time, are there any members of
the Board, that would like to say anything, before I entertain a motion to adjourn:
COUNCILMAN LIZEWSKI : Yes, I would. I had the priviledge of working with
the East End Seaport and Maritime Foundation. Merion Wiggin asked me to get some
children to take the Lady Maryland ait for a short trip, and it was very informative,
and we took twenty kids, five chaperons from Southold Town out for a day on
the Lady Maryland, and it just gives us an idea what the maritime foundation may
bring to our town. What .this boat was, it was about 100 foot boat, and it was
sailboat, and it was a teaching boat. !t had five -or six instructors on it, and they
took these kids, who had never sailed before, out on the boat, and taught them
everything that you could know about sailing. They pulied up a net, and they
took everything they poured in the net, and they showed the children what they
had caught, and what position in basically the environment, these little shells,
fish; and another group was teaching how to chart, and everybody got a chance
to actually have the wheel at the boat, and they taught the kids how to take down
the sails, and what the names of the sails were. But it was very interesting. I
found that the boat came up from Maryland. It was captained by one of our own
people Chris Grossen, who was a fine captain, and it was just a very informative
type of outing, and I think that the Maritime Museum, hopefully in the future,
will have something like that in Greenport. This was a teaching ship. It slept
twenty people, and it did a lot .of trips where it took children out for a period
of time to teach them how to sail, and to teach them a little bit about the water,
and the environment. ' It was a very, very informative trip, and I want to thank
the Maritime Foundation for diving us that opportunity to take some kids out from
Southold.
SUPERVISOR HARRIS: Thank you, Councilman Lizewski. Judge Edwards?
JUSTICE EDWARDS: Number one, I'd like to thank the Town Board for unanimously
supporting that .ban against dumping, or trying to prevent the dumping of the
spoils in the Fishers Island area. They did dredge the harbor, the New London
Harbor, a few years ago, and when that sludge was put on the bottom it had a
tendency to drift to the east, which .put it right down into some very lucrative
lobster grounds, and I remember this one particular lobsterman, that fished that
area very heavily, was complaining that when he pulled his pots up, he'd have
the dead lobsters in there, and half of the pot would be full of mud, that settled
down from the spoils area. Also, I want to thank the Town Board for their visit
to Fishers Island, and their committment to clean up the metal dump over there,
and last Wednesday they gave a commitment that within two weeks they would do
. something about it,. get moving on it, so we're down to a little over a week now,
and counting . So, I'll just. keep .the people informed here. It's the Town Board's
commitment to clean it up, and my head is under the axe, and so I'm just going
to keep pushing it. Thank you, Scott.
SUPERVISOR HARRIS: Thank you, Judge. Anybody else? Councilman Wickham.
COUNCILMAN WICKHAM: I'd like to comment briefly on my opposition to the
resolution, that we've adopted to bond for the compost equipment. When Scott
read the resolution, and I don't think he read the amount, which is over a quarter
of a million dollars, and I just think that that is a. lot of money, that we should
try to put off a little longer. I recognize that the equipment that we have is old,
and it's not working well, but it's a lot of money, and our bonding has gone up
sharply in the last couple of years. I should also. say, 'that I'm concerned that
all of this composting equipment that we get not be used down the road as a justifi-
cation for the "twigs for trash" proposal. The more I've seen that, and the more
we discuss it, the more convinced I am in my mind that this is probably not the
right thing for the Town of Southold, and I'm just afraid that having spent a
quarter of million dollars on some equipment, you will take on a certain life of it's
own, and lead us into other paths, that may not be in the interest of the Town.
Of course, that equipment could be used, and could have value on our yard waste
composting operation. That is the composting of the yard waste, that we generate
ourselves. Maybe in some stage, that's true, but I don't think the Board has
explored fully the various alternatives for handling our own yard waste, and I
think that there are ways, that will significantly cheaper to the taxpayers of this
town, than to gear up for a yard waste operation at our own dump with. at our
own landfill, excuse me, with the equipment that is in that resolution. The rood
28 0 AUGUST 10, 1993
news of today's meeting is that we had the first substantive discussion on solid
waste, that I think this Board has had in over a year, and I've got to compliment
the Chairwoman of our Solid Waste Task Force for getting it on the agenda, and
stimulating the discussion that we had today. Some very significant developments
were discussed, and I think some conclusions come' to, and I'm pleased the Board
has finally come to grips with some of these issues, and come up with kind of a
consensus on most of them. The key issue, as Alice or the Supervisor may want
Jo elaborate on it at ,some future point, I think is there was a general consensus
I think on the part of the Board, that we will cease landfilling at our landfill the
garbage that we are currently collecting from Town residents. This does not mean
that the landfill will be closed. We will still operate it in the future. We intend
to operate it. in the future as a place to receive, and transfer, the solid waste
that the town has generated. There are several other positions, that we took today,
that I think are quite important. I think it will be elaborated on in due course.
One of the most significant, in my mind, is that the conclusion from the Solid Waste
Task Force is that the "twigs for trash" proposal probably does not make sense
for the town at this time. The dollars and cents just don't add up. Apart from
the problem of for.ty*or more trucks a day, at certain:.times of the year, going
back and forth, it appears. that this probably is not in the town's interest, and
this. is important, because all the while that these discussions have been going
on privately, even I would say secretly, between the Town and Huntington Town,
we just have not moved forward, publicly in dealing with the issue, so I regard
today as, in a sense of watershed, an. opportunity to discuss this openly, and to
have come to a resolve on a number of the issues that are important to us. That's
all I have to say.
SUPERVISOR HARRIS: Thank you, Councilman. Anybody else like to say a few
words? (No response.) In closing, I have a number of comments. One of them
happens to be a response, obviously, Tom Wickham's "no" vote on purchasing the
tub grinder and shear, which we desperately need at the landfill. That piece of
equipment is shot. As a 'matter of fact, that piece of equipment is over eight years
old. With a number, of hours that, that piece of equipment has been used, the number
of times that it has had to have the plates welded on the bottom, where the debris
actually goes into the bottom, it's actually be worn out, plate, after plate, after
plate, has been welded in there trying to keep it going. The piece of equipment
now doesn't run for more than a few hours at a time when it .breaks down immediate) ,
which takes a tremendous amount -of time, and expenses,. and of course, money,
to keep it operating. The Superintendent of Highways, and Jim Bunchuck, particu-
larly the Commissioner of Public Works, Ray Jacobs, Superintendent of Highways,
also, has asked for some time to get this moving to get this piece of equipment
at the landfill. Last year we had to spend $150,000.00 of money, which thank
goodness we were reimbursed from FEMA, in order to grind up all the debris from
a hurricane, a very serious storm that hit our area. Hopefully in the future this
will eleviate that type of expenditure. We'll be able to handle some of these products,
when they come in, certainly the amount of debris that has taken place through
the various storms that we've incurred in the last two years. This piece of equip-
ment is not something that comes lightly, a quarter of a million dollars, as Tom
has said, is a number that may or may, not be the cost, that's why we're going
out to bid. I think it inappropriate to mention the amount of money, Tom, because
that document was not for public display. Unfortunately you've given out a number,
which was in there, but we'll see what the bids come .in. Certainly this piece of
equipment is going to be used for a number of years, regardless of what the town
does with other township, as far as a intermuncipal agreement. This piece of
equipment will be used to take care of our- own yard waste on a daily basis, of
which we voted today to continue to accept. Unfortunately, Councilman Wickham
has decided that this may not be the best direction for the town, and wasn't overly
enthusiastic about scontinuing to .take our own yard waste, and handling our own
problem in house. This piece of equipment would enable us to continue to do
that, and even if it is that we decide a some point in the future not to accept 'this
debris into our landfill, this piece of equipment will still' be needed for the duration
of this year. There's a tremendous amount of debris built up up there, because
this piece of equipment is .down right now, the old tub grinder that we have, and
hopefully we'll receive this piece of equipment in the next few months in an
expedited process, where we can get this' debris handled, and get the landfill
looking with what we'd like to say, in a sightly order. Jim Bunchuck has done
a great job. He's trying to keep that landfill looking professional, and he's done
a great job in doing so. I'd just like to, also, comment on the fact of one other
comment, that Mr. Wickham has mentioned, and that is secret meetings. There
has never been any secret meetings. The only 'secret meetings are ones we found
out about today, that he had with Earthgrow, which he never shared with the Task
AUGUST 10, 1993 281
Force, or the Town Board, and apparently he's had a lot of numbers, and a lot
of information, which the Technical Committee has been working on for over a year
now, in reference to this, and he certainly should have shared that information
with the Technical Task Force, the Solid Waste Task Force, that we appointed,
and he certainly should have shared that information with the Town Board. That's
the only secret meetings, that I know of that have been going on, and so Council-
man Wickham, 'please, in the future those who live in glass houses shouldn't be
throwing stones. That's really all I had to say at this time. I'd like to entertain
in closing, that "Dude" Manwaring, Coach Manwaring, Richard 'Manwaring, as we
knew him as "Dude" was a close personel friend. He's passing away a number of
weeks ago was a sad loss for the Town of Southold, and I'd like to close this
meeting in his memory. "Dude" Manwaring was an advocate for the youth of this
community, giving of his time freely, probably instituted more recreational programs,
and done more for coaching, and teaching the youth of our township sports, and
enthusiasm that he generated with that, not to mention his number of years of
teaching in Greenport High School, and as a- matter of fact, was a teacher that
I had when I went to Greenport. So, I'd like to close this meeting in his memory,
and certainly give respect to his family at the same time. Could I have a moment
of silence, please. Thank you. Can I enter a motion to recess for one minute?
I have one matter to discuss with the Board, which has come to my attention, and
then we can close the meeting.
Moved by Councilman Penny, seconded by Councilwoman Hussie, it was
RESOLVED that a recess be called at this time, 5:0.5 P.M., for a discussion.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny,, Justice Edwards, Supervisor Harris.
This resolution was. declared duly ADOPTED,.-. ..
Meeting reconvened at 5:20 P.M.
SUPERVISOR HARRIS: We're back in session. The delay was, there was an
engineering that was not completed, which the engineering firm had recommended.
It was recommended by the Task Force a number of weeks ago to proceed ahead
with the second part of Task 5, and Task 6, which is the process that we need
to continue to get a permit application to do our own yard waste at the landfill,
and we held that two weeks ago. It was on for discussion. We held. it. We should
have acted on it probably a number of weeks ago, but we didn't, and we talked
about today, but we didn't go into any great detail about it, and again, I'd like
to make a resolution to move to do the implementation of parts 5, the second part
of Task 5, 6 and 7 at this time, so we can continue to accept yard waste permitted
by the DEC, in accordance with Part 360 rules and regulations.
COUNCILMAN PENNY: Can we just add to that, Scott, and I'll second that, but
I'd ,like to add to it, that this limited to and structured for only handling the Town
yard waste, because we unanimously decided today, that was the only direction,
that the Town was looking to go in at this time, that this "twigs for trash" venture
is probably a little too big for us right now, and that we would proceed with our
own, just our own yard waste at this time.
SUPERVISOR HARRIS: Which is also the recommendation of the Task Force.
COUNCILMAN PENNY: And the permitting process is identical. The scoping and
the permitting process is identical, regardless of the size of the amount that we're
going to be doing.
SUPERVISOR HARRIS: As I said a minute ago, this was also the recommendation
of the Task Force to 'proceed ahead with doing strictly our own yard waste, that
we generate and handle that in house, and that's their recommendation, and this
will help follow that recommendation by implementing the last phase of the yard
waste composting engineering, so I need a motion and second.
28.-Moved by Councilman Penny, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Dvirka and Bartilucci, the Town's Consulting Engineers for the Yard Waste
Composting Facility Program, to complete the remainder of Task 5 (final design) ,
and perform Tasks (operations plan) and 7 (SEQRA and Part 360 permitting
activities) , all as outlined in their April 15, 1993 revised revised scope of work
and project schedule for the planning, engineering, and permitting services for
the proposed yard waste composting operations at the Southold Town Landfill.
28.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilman Wickham.
This resolution was declared duly ADOPTED.
282 AUGUST 10, 1993
COUNCILMAN WICKHAM: I voted, no, for two reasons. One of them is that I
don't think we specified to D&B the perimeters, that they need to do this design
work properly. Secondly, I don't think the Town has explored adequately other
options besides getting ourselves into the compost business, other options for
handling yard waste generated within the town, that might be much less costly.
So, I'm not prepared to vote for this at this time.
COUNCILMAN PENNY: I think we should move forward at this time. There have
been a large number of delays. There's been some mixed feelings amongst some
people here, and once again, we have to remember that there are those who don't
want to move ahead with any one sense of direction, because it's the political
season, but I think we have look beyond that and what is in the best interest of
Town of Southold. Quite honestly I think we put most of that to bed this afternoon.
I really don't understand why there's any hesitancy on behalf of anybody, because
we unanimous agreed today. But, there again, it's the political season, and
I think we just have to live with it.
COUNCILMAN WICKHAM: It wasn't unanimous.
SUPERVISOR HARRIS: I'd just like to say, that this is following the recommenda-
tion, once again, of the Task Force, who said to continue to do the engineering
for this at 'a meeting a number of weeks ago, that was held. It was Chaired by
Councilwoman Hussie, when the engineering firm of Dvirka and Bartilucci made
a presentation to them at that time, and that was also their recommendation. So,
that I thank the Board. It's been a very good meeting, a very good day, and
looking forward to seeing you at the next meeting in two weeks. A motion to
adjourn?
Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 5:25 P.M.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Judith T. Terry
Southold Town Clerk