ELIZABETH A.

NEVILLE Town Hall, 53095 Main

Road
TOWN CLERK PO Box 1179
Southold, NY 11971
REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145
MARRIAGE OFFICER Telephone: (631) 765 -
1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
Tentative 5/30
AGENDA
SOUTHOLD TOWN BOARD
June 3, 2014
7:30 PM
POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly
address the Town Board relating to agenda resolutions prior to their enactment; the public will
also be given time at the conclusion of the regularly scheduled business agenda to address the
Board on any given topic.
ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The
video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted
resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and
meeting video can be viewed in one of two ways:
(1) The town of Southold website: www.southoldtownny.gov Click on Town Board On-
Line; Click Box Yes to be redirected to IQM2 and you will then be redirected to the Town
Clerk online site.
(2) www.townclerk.com Enter zip code 11971 in box on lower right hand side and enter.
On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold,
Long Island, NY", click on this and another box will pop up that will tell you that you are being
directed to another site click on Yes to go into the Town Clerk site.
Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the
resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the
meeting by clicking on the camera symbol. All of this information is available 24/7.
If you would like help navigating the site, please feel free to call my office 631-765-1800.
CALL TO ORDER
7:30 PM Meeting called to order on June 3, 2014 at Meeting Hall, 53095 Route 25, Southold,
NY.
Attendee Name Present Absent Late Arrived
Councilman Robert Ghosio
Councilman James Dinizio Jr
Councilman William P. Ruland
Southold Town Meeting Agenda - June 3, 2014
Page 2
Councilwoman Jill Doherty
Justice Louisa P. Evans
Supervisor Scott A. Russell
I. REPORTS
1. Recreation Department Monthly Report
April 2014
II. PUBLIC NOTICES
1. NYS Liquor License - New Application
The Crazy Fork
III. COMMUNICATIONS
IV. DISCUSSION
1. 9:00 Am - John Sepenoski
Presentation of Online Maps
2. 9:30 Am - Michael Collins
FI Cinema Update & Dike Rehabilitation project update
3. 10:00 Am - Leslie Weisman
Proposed Time Limits on ZBA variance relief
4. 10:15 Am - Mark Terry
Soundview Dunes Park phragmites eradication RFP
5. 10:30 Am - Matthew Hetterich, Utopia Home Care
Request to use the Peconic Lane Community Center to hold educational training for Home
Health Aides
6. 10:45 Am - Jeff Standish
Grading of beaches/recovery of sand
7. 11:00 Am - Constantine Macris
Powerpoint Presentation - FI pump out vessel proposal
8. 11:30 Am - Chris Baiz
Agricultural Advisory Committee report
9. 11:45 Lloyd Reisenberg & Chief Martin Flatley
Emergency preparedness & use of the Peconic community Center as an emergency shelter
Southold Town Meeting Agenda - June 3, 2014
Page 3
10. 3 Requests for Special Event Fee Waivers
Fleets Neck 5 K
Pack 39 Cubmobile Race
50th Annual Antiques Show & Sale
11. Regional Plastic Bag Ban
12. 5/22 Peconic Estuary Program Policy
Committee Meeting Update
13. Local Development Corporation (LDC)
Creation and appointment of Directors
14. Southold 375Th Anniversary
15. Helicopter Traffic
16. 12:30 Pm - EXECUTIVE SESSION - Labor - Matters Involving Employment of Particular
Person/S
Chief Flatley
17. 12:00 Pm = Lloyd Reisenberg and Mark Terry
Suffolk County Hazard Mitigation Plan
SPECIAL PRESENTATION
Linda J. Cooper
Anti-Bias Task Force Presentation to James McKenna
V. RESOLUTIONS
2014-473
CATEGORY: Audit
DEPARTMENT: Town Clerk
Approve Audit
RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated
June 3, 2014.
Vote Record - Resolution RES-2014-473
Adopted
Adopted as Amended
Defeated
Tabled

Yes/Aye No/Nay Abstain Absent
Robert Ghosio
James Dinizio Jr
Southold Town Meeting Agenda - June 3, 2014
Page 4
Withdrawn
Supervisor's Appt
Tax Receiver's Appt
Rescinded
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost
William P. Ruland
Jill Doherty
Louisa P. Evans
Scott A. Russell
2014-474
CATEGORY: Set Meeting
DEPARTMENT: Town Clerk
Set Next Regular Meeting
RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held,
Tuesday, June 17, 2014 at the Southold Town Hall, Southold, New York at 4:30 P.M..
Vote Record - Resolution RES-2014-474
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
Supervisor's Appt
Tax Receiver's Appt
Rescinded
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost

Yes/Aye No/Nay Abstain Absent
Robert Ghosio
James Dinizio Jr
William P. Ruland
Jill Doherty
Louisa P. Evans
Scott A. Russell
2014-423
Tabled 5/6/2014 7:30 PM
CATEGORY: Enact Local Law
DEPARTMENT: Town Clerk
Enact Local Law
WHEREAS there had been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 8
th
day of April, 2014, a Local Law entitled A Local Law in
relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy
Production Systems as a Special Exception Use in the Light Industrial and Light Industrial
Office Zones and
Southold Town Meeting Agenda - June 3, 2014
Page 5
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 6
th
day of
May, 2014, at 7:32 p.m. at which time all interested persons were given an opportunity to be
heard, now therefore, be it
RESOLVED the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit
Commercial Solar Energy Production Systems as a Special Exception Use in the Light
Industrial and Light Industrial Office Zones which reads as follows:
LOCAL LAW NO. 2014
A Local Law entitled, A Local Law in relation to Amendments to Chapter 280, Zoning, to
Permit Commercial Solar Energy Production Systems as a Special Exception Use in the
Light Industrial and Light Industrial Office Zones.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
It is the intention of the Town Board of the Town of Southold as part of its goal to limit
dependence on imported fossil energy, and decrease greenhouse gas emissions to permit
commercial solar energy production systems with special exception approval in the Light
Industrial and Light Industrial Office Zones to minimize impacts to residents and scenic
viewsheds important to the community.
II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
280-4. Definitions.
Commercial Solar Energy Production System - an arrangement or combination of components
installed upon land that utilize solar radiation to produce energy designed to provide electricity
for on-site or off-site use pursuant to a power purchase agreement.
280-58. Use regulations.
B. Uses permitted by special exception of the Board of Appeals. The following uses are
permitted as a special exception by the Board of Appeals as hereinafter provided, except
subsection (B)(10), which may be permitted as a special exception by the Planning
Board, and all such special exception uses shall be and subject to site plan approval by
the Planning Board:
(10) Commercial Solar Energy Production System, subject to the following criteria:
(a) The commercial solar energy system shall not be on a parcel of less than five [5]
acres.
(b) All ground-mounted panels shall not exceed the height of 8
(c) All mechanical equipment of commercial solar energy system, including any
structure for batteries or storage cells, are completely enclosed by a minimum
eight (8) foot high fence with a self-locking gate.
(d) Notwithstanding any requirement in Section 280-59 of this Chapter, the total
Southold Town Meeting Agenda - June 3, 2014
Page 6
surface area of all ground-mounted and freestanding solar collectors, including
solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total
parcel area.
(e) The installation of a vegetated perimeter buffer to provide year round screening of
the system from adjacent properties.
(f) All solar energy production systems are designed and located in order to prevent
reflective glare toward any habitable buildings as well as streets and rights-of-
way.
(g) All on-site utility and transmission lines are, to the extent feasible, placed
underground.
(h) The installation of a clearly visible warning sign concerning voltage must be
placed at the base of all pad-mounted transformers and substations.
(i) The system is designed and situated to be compatible with the existing uses on
adjacent and nearby properties.
(j) In approving a special exception, the Planning Board may waive or modify any of
the above criteria if it finds that there is no detriment to public health, safety and
welfare.
(k) Any special exception approval granted under this article shall have a term of
twenty years, commencing from the grant of the special exception, which may be
extended for additional five-year terms upon application to the Planning Board.
(l) Decommissioning/Removal:
(i) Any commercial solar energy production system that is not operated for a
continuous period of 24 months shall be deemed abandoned. At that time,
the owner of the commercial solar energy production system or the owner
of the property where the commercial solar energy production system is
located shall remove all components thereof within 90 days of such
deemed abandonment or will be in violation of this section. In the case of
a commercial solar energy production system on preexisting structures,
this provision shall apply to the commercial solar energy production
system only. If the commercial solar energy production system is not
removed within said 90 days, the Building Inspectors may give the owner
notice that unless the removal is accomplished within 30 days, the Town
will cause the removal at the owners expense. All costs and expenses
incurred by the Town in connection with any proceeding or any work done
for the removal of a commercial solar energy production system shall be
assessed against the land on which such commercial solar energy
production system is located, and a statement of such expenses shall be
presented to the owner of the property, or if the owner cannot be
ascertained or located, then such statement shall be posted in a
conspicuous place on the premises. Such assessment shall be and
constitute a lien upon such land. If the owner of the system and the owner
of the property upon which the system is located shall fail to pay such
expenses within 10 days after the statement is presented or posted, a legal
action may be brought to collect such assessment or to foreclose such lien.
As an alternative to the maintenance of any such action, the Building
Southold Town Meeting Agenda - June 3, 2014
Page 7
Inspector may file a certificate of the actual expenses incurred as
aforesaid, together with a statement identifying the property in connection
with which the expenses were incurred and the owner of the system and
the owner of the property upon which the system is located, with the
Assessors, who shall, in the preparation of the next assessment roll, assess
such amount upon such property. Such amount shall be included in the
levy against such property, shall constitute a lien and shall be collected
and enforced in the same manner, by the same proceedings, at the same
time and under the same penalties as are provided by law for the collection
and enforcement of real property taxes in the Town of Southold.
(ii) This section is enacted pursuant to Section 10 of the Municipal Home
Rule Law to promote the public health, safety and general welfare of
Town citizens through removal provisions to ensure the proper
decommissioning of commercial solar energy production systems within
the entire Town. The removal reduction provision of this chapter shall
supersede any inconsistent portions of the Town Law Section 64(5-a) and
govern the subject of removal of commercial solar energy production
systems in this chapter.
280-62. Use regulations.
B. Uses permitted by special exception of the Board of Appeals. The following uses are
permitted as a special exception by the Board of Appeals as hereinafter provided, except
subsection (B)(10), which may be permitted as a special exception by the Planning
Board, and all such special exception uses shall be and subject to site plan approval by
the Planning Board:
(10) Commercial Solar Energy Production System, subject to the following criteria:
(a) The commercial solar energy system shall not be on a parcel of less than five [5]
acres.
(b) All ground-mounted panels shall not exceed the height of 8
(c) All mechanical equipment of commercial solar energy system, including any
structure for batteries or storage cells, are completely enclosed by a minimum
eight (8) foot high fence with a self-locking gate.
(d) Notwithstanding any requirement in Section 280-63 of this Chapter, the total
surface area of all ground-mounted and freestanding solar collectors, including
solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total
parcel area.
(e) The installation of a vegetated perimeter buffer to provide year round screening of
the system from adjacent properties.
(f) All solar energy production systems are designed and located in order to prevent
reflective glare toward any habitable buildings as well as streets and rights-of-
way.
(g) All on-site utility and transmission lines are, to the extent feasible, placed
underground.
(h) The installation of a clearly visible warning sign concerning voltage must be
Southold Town Meeting Agenda - June 3, 2014
Page 8
placed at the base of all pad-mounted transformers and substations.
(i) The system is designed and situated to be compatible with the existing uses on
adjacent and nearby properties.
(j) In approving a special exception, the Planning Board may waive or modify any of
the above criteria if it finds that there is no detriment to public health, safety and
welfare.
(k) Any special exception approval granted under this article shall have a term of
twenty years, commencing from the grant of the special exception, which may be
extended for additional five-year terms upon application to the Planning Board.
(l) Decommissioning/Removal:
(i) Any commercial solar energy production system that is not operated for a
continuous period of 24 months shall be deemed abandoned. At that time,
the owner of the commercial solar energy production system or the owner
of the property where the commercial solar energy production system is
located shall remove all components thereof within 90 days of such
deemed abandonment or will be in violation of this section. In the case of
a commercial solar energy production system on preexisting structures,
this provision shall apply to the commercial solar energy production
system only. If the commercial solar energy production system is not
removed within said 90 days, the Building Inspectors may give the owner
notice that unless the removal is accomplished within 30 days, the Town
will cause the removal at the owners expense. All costs and expenses
incurred by the Town in connection with any proceeding or any work done
for the removal of a commercial solar energy production system shall be
assessed against the land on which such commercial solar energy
production system is located, and a statement of such expenses shall be
presented to the owner of the property, or if the owner cannot be
ascertained or located, then such statement shall be posted in a
conspicuous place on the premises. Such assessment shall be and
constitute a lien upon such land. If the owner of the system and the owner
of the property upon which the system is located shall fail to pay such
expenses within 10 days after the statement is presented or posted, a legal
action may be brought to collect such assessment or to foreclose such lien.
As an alternative to the maintenance of any such action, the Building
Inspector may file a certificate of the actual expenses incurred as
aforesaid, together with a statement identifying the property in connection
with which the expenses were incurred and the owner of the system and
the owner of the property upon which the system is located, with the
Assessors, who shall, in the preparation of the next assessment roll, assess
such amount upon such property. Such amount shall be included in the
levy against such property, shall constitute a lien and shall be collected
and enforced in the same manner, by the same proceedings, at the same
time and under the same penalties as are provided by law for the collection
and enforcement of real property taxes in the Town of Southold.
(ii) This section is enacted pursuant to Section 10 of the Municipal Home
Southold Town Meeting Agenda - June 3, 2014
Page 9
Rule Law to promote the public health, safety and general welfare of
Town citizens through removal provisions to ensure the proper
decommissioning of commercial solar energy production systems within
the entire Town. The removal reduction provision of this chapter shall
supersede any inconsistent portions of the Town Law Section 64(5-a) and
govern the subject of removal of commercial solar energy production
systems in this chapter.
280-138. Fee schedule for site plan applications.
D. The fee for new site plan applications for commercial solar energy production systems
pursuant to 280-58(B)(10) and 280-62(B)(10) shall be a flat fee of $3,000.00 and the
fee for an amendment to a site plan application for commercial solar energy production
systems shall be $2,000.00.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Vote Record - Resolution RES-2014-423
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
Supervisor's Appt
Tax Receiver's Appt
Rescinded
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost

Yes/Aye No/Nay Abstain Absent
Robert Ghosio
James Dinizio Jr
William P. Ruland
Jill Doherty
Louisa P. Evans
Scott A. Russell
2014-445
CATEGORY: Close/Use Town Roads
DEPARTMENT: Town Clerk
Fleetsneck Property Owners 5K Fun Run
Financial Impact:
Total Police Cost for the Event = $289.13
Southold Town Meeting Agenda - June 3, 2014
Page 10
RESOLVED the Town Board of the Town of Southold hereby grants permission to Fleetsneck
Property Owners Association to hold a 5K Fun Run in Fleetsneck, Cutchogue on Saturday
August 16, 2014, beginning at 9:00 AM, and to use the following route: begin at Pequash Park,
Pequash Avenue, Southern Cross Road, Holden Avenue, West Road, West Creek Road, Old
Pasture Road, First Street, Stillwater, Fleetwood Road, provided applicant meets all of the
requirements as listed in the Town Policy on Special Events and Use of Recreation Areas and
Town Roads. Support is for this year only, as the Southold Town Board continues to evaluate
the use of town roads.
Vote Record - Resolution RES-2014-445
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
Supervisor's Appt
Tax Receiver's Appt
Rescinded
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost

Yes/Aye No/Nay Abstain Absent
Robert Ghosio
James Dinizio Jr
William P. Ruland
Jill Doherty
Louisa P. Evans
Scott A. Russell
2014-475
CATEGORY: Bid Acceptance
DEPARTMENT: Town Clerk
Surplus Equipment - Chevy Cavalier
RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution #2014-
457 in it's entirety which read:
WHEREAS the Town Board declared Asset #2330, 1998 Chevy Cavalier as surplus equipment
and no bids were received, now therefor be it
RESOLVED that the Town Board of the Town of Southold authorizes the disposal of same.
Vote Record - Resolution RES-2014-475
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
Supervisor's Appt
Tax Receiver's Appt
Rescinded
Town Clerk's Appt
Supt Hgwys Appt

Yes/Aye No/Nay Abstain Absent
Robert Ghosio
James Dinizio Jr
William P. Ruland
Jill Doherty
Louisa P. Evans
Scott A. Russell
Southold Town Meeting Agenda - June 3, 2014
Page 11
No Action
Lost
2014-476
CATEGORY: Employment - Town
DEPARTMENT: Police Dept
Police Department-Appoint Seasonal Police Officer
RESOLVED that the Town Board of the Town of Southold hereby appoints Jacob Bogden to
the position of Seasonal Police Officer for the Southold Town Police Department, effective
June 4, 2014 through September 14, 2014, at a rate of $20.81 per hour.
Vote Record - Resolution RES-2014-476
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
Supervisor's Appt
Tax Receiver's Appt
Rescinded
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost

Yes/Aye No/Nay Abstain Absent
Robert Ghosio
James Dinizio Jr
William P. Ruland
Jill Doherty
Louisa P. Evans
Scott A. Russell
2014-477
CATEGORY: Budget Modification
DEPARTMENT: Police Dept
Police Department-Budget Modification
Financial Impact:
Modification needed to transfer funds from the Police Officer Training budget line into the PD Meetings
and Seminars line in anticipation of upcoming meetings for 2014
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 General
Fund Whole Town budget as follows:
From:
A.3120.4.600.200 Police, Miscellaneous
Police Officer Training $3,000
TOTAL $3,000
To:
Southold Town Meeting Agenda - June 3, 2014
Page 12
A.3120.4.600.225 Police, Miscellaneous
Meetings & Seminars $3,000
TOTAL $3,000
Vote Record - Resolution RES-2014-477
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
Supervisor's Appt
Tax Receiver's Appt
Rescinded
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost

Yes/Aye No/Nay Abstain Absent
Robert Ghosio
James Dinizio Jr
William P. Ruland
Jill Doherty
Louisa P. Evans
Scott A. Russell
2014-478
CATEGORY: Committee Appointment
DEPARTMENT: Town Clerk
Appointments to LDC
RESOLVED that the Town Board of the Town of Southold hereby appoints the following
members to the Local Development Corporation Board of Directors, effective immediately:
Jeanne Kelley Stephen Latham Noreen McKenna
John Schopfer Rona Smith
Vote Record - Resolution RES-2014-478
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
Supervisor's Appt
Tax Receiver's Appt
Rescinded
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost

Yes/Aye No/Nay Abstain Absent
Robert Ghosio
James Dinizio Jr
William P. Ruland
Jill Doherty
Louisa P. Evans
Scott A. Russell
2014-479
CATEGORY: Bid Acceptance
Southold Town Meeting Agenda - June 3, 2014
Page 13
DEPARTMENT: Town Clerk
Accept Bid for Chevy Cavalier
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of David
DeFriest in the amount of $759.00 for the asset #2330, 1998 Chevy Cavalier.
Vote Record - Resolution RES-2014-479
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
Supervisor's Appt
Tax Receiver's Appt
Rescinded
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost

Yes/Aye No/Nay Abstain Absent
Robert Ghosio
James Dinizio Jr
William P. Ruland
Jill Doherty
Louisa P. Evans
Scott A. Russell
2014-480
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Appoint Lori McKiernan PT Tax Cashier
RESOLVED that the Town Board of the Town of Southold hereby appoints Lori McKiernan
to the position of a Part Time Tax Cashier for the Tax Receivers Office effective June 4,
2014, at a rate of $16.56 per hour, not to exceed 17.5 hours per week.
Vote Record - Resolution RES-2014-480
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
Supervisor's Appt
Tax Receiver's Appt
Rescinded
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost

Yes/Aye No/Nay Abstain Absent
Robert Ghosio
James Dinizio Jr
William P. Ruland
Jill Doherty
Louisa P. Evans
Scott A. Russell
2014-481
Southold Town Meeting Agenda - June 3, 2014
Page 14
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Amend Resolution No. 2014-321
RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2014-321 to
read as follows:
WHEREAS, the State of New York has set additional reporting requirements in Section 315.4 of the New
York Codes, Rules and Regulations which requires all elected and appointed officials whose terms start
on or after August 12, 2009, who are members of the New York State and Local Retirement System and
who do not participate in their employers time keeping system to prepare a log of their work-related
activities for three consecutive months and submit their logs to the clerk or secretary of the governing
body within 150 days of the start of their term;
NOW THEREFORE, BE IT
RESOLVED that the Town Board of the Town of Southold hereby establishes the following as standard
workdays for elected and appointed officials and will report the following days worked to the New York
State and the Local Employees Retirement System based on the record of activities maintained and
submitted by these officials to the clerk of this body:
Title Name Standard Term Begins/ Participates in Days/Month(based on
Work Ends Employers Record of Activities)
Day Time Keeping
(Hrs/day) System

Town Board Member Robert Ghosio Jr. 6 1/1/14-12/31/17 N 14.73
Justice William Price 6 1/1/14-12/31/17 N 17.74
Superintendent of Vincent Orlando 8 1/1/14-12/31/17 N 26.21
Highways
BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting
requirements of the New York State Employees Retirement System for calculation of retirement benefits,
and
BE IT FURTHER RESOLVED, that the Town Clerk be and she hereby is authorized to send a certified
copy of this resolution to the New York State Employees Retirement System.
I, Elizabeth A. Neville, Town Clerk of the governing board of the Town of Southold of the State of New
York, do hereby certify that I have compared the foregoing with the original resolution passed by such
board, at a legally convened meeting held on the 22
nd
day of April 2014 on file as part of the minutes of
such meeting, and that the same is a true copy thereof and the whole of such original.
I further certify that the full board, consists of six (6) members, and the six (6) of such members were
present at such meeting and the six (6) of such members vote in favor of the above resolution.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Southold, on this
22
nd
day of April 2014.
S E A L
____________________________________
Elizabeth A. Neville
Southold Town Meeting Agenda - June 3, 2014
Page 15
Town Clerk
Town of Southold
Vote Record - Resolution RES-2014-481
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
Supervisor's Appt
Tax Receiver's Appt
Rescinded
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost

Yes/Aye No/Nay Abstain Absent
Robert Ghosio
James Dinizio Jr
William P. Ruland
Jill Doherty
Louisa P. Evans
Scott A. Russell
2014-482
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Engineering
Change Order #2 Dike Rehabilitation Project
RESOLVED that the Town Board of the Town of Southold hereby approves Change Order #2 to
the Town of Southold Dike Rehabilitation Project Contract with L.K. McLean Associates, P.C.
in the net amount of $9,000.00, pursuant to their letter dated May 27, 2014, subject to the
approval of the Town Attorney and Town Engineer.
Vote Record - Resolution RES-2014-482
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
Supervisor's Appt
Tax Receiver's Appt
Rescinded
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost

Yes/Aye No/Nay Abstain Absent
Robert Ghosio
James Dinizio Jr
William P. Ruland
Jill Doherty
Louisa P. Evans
Scott A. Russell
2014-483
CATEGORY: Public Service
DEPARTMENT: Town Clerk
Southold Town Meeting Agenda - June 3, 2014
Page 16
Approve the Issuance of a Fireworks Permit by the Town Clerk to the Mattituck Lions, for Fireworks
Displays on June 13 and June 14, 2013 (Friday and Saturday)
RESOLVED the Town Board of the Town of Southold hereby approves the issuance of a
fireworks permit by the Town Clerk to the Mattituck Lions, for fireworks displays on Friday,
June 13 and Saturday, June 14, 2014 in conjunction with the Mattituck Lions Strawberry
Festival, on the northeast side of Strawberry Field, Mattituck, New York upon the payment of a
fee of $200, subject to the applicants compliance with the requirements of the Towns policy
regarding the issuance of fireworks permits and subject to the approval of the Town Attorney.
Vote Record - Resolution RES-2014-483
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
Supervisor's Appt
Tax Receiver's Appt
Rescinded
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost

Yes/Aye No/Nay Abstain Absent
Robert Ghosio
James Dinizio Jr
William P. Ruland
Jill Doherty
Louisa P. Evans
Scott A. Russell
2014-484
CATEGORY: Authorize to Bid
DEPARTMENT: Highway Department
Road Treatment Bid 2014-15
Resolved that the Town Board of the Town of Southold hereby authorizes and directs the Town
Clerks office to advertise for various road treatment bids including Type 6 Hot Mix Asphalt &
Oil /stone for the calendar year 2014-15.
Vote Record - Resolution RES-2014-484
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
Supervisor's Appt
Tax Receiver's Appt
Rescinded
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost

Yes/Aye No/Nay Abstain Absent
Robert Ghosio
James Dinizio Jr
William P. Ruland
Jill Doherty
Louisa P. Evans
Scott A. Russell
Southold Town Meeting Agenda - June 3, 2014
Page 17
2014-485
CATEGORY: Landfill Misc.
DEPARTMENT: Solid Waste Management District
Proposal for Petition to DEC on LF Groundwater Sampling
RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of
Dvirka and Bartilucci Consulting Engineers to prepare a petition to the New York State DEC for
a reduction in quarterly groundwater sampling around the Cutchogue landfill based on an
assessment of historical data indicating less frequent and lower concentrations of detection of
leachate indicators, approval of which is estimated to save hundreds of thousands of dollars over
the remaining 20 years of required testing, at a cost not to exceed $5,550, all in accordance with
the Town Attorney.
Vote Record - Resolution RES-2014-485
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
Supervisor's Appt
Tax Receiver's Appt
Rescinded
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost

Yes/Aye No/Nay Abstain Absent
Robert Ghosio
James Dinizio Jr
William P. Ruland
Jill Doherty
Louisa P. Evans
Scott A. Russell
2014-486
CATEGORY: Committee Appointment
DEPARTMENT: Town Clerk
HPC Appointment
RESOLVED that the Town Board of the Town of Southold hereby appoints Edward Webb to the
vacant position on the Historic Preservation Commission, effective immediately, term to expire
March 31, 2017.
Vote Record - Resolution RES-2014-486
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
Supervisor's Appt
Tax Receiver's Appt

Yes/Aye No/Nay Abstain Absent
Robert Ghosio
James Dinizio Jr
William P. Ruland
Jill Doherty
Southold Town Meeting Agenda - June 3, 2014
Page 18
Rescinded
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost
Louisa P. Evans
Scott A. Russell
2014-487
CATEGORY: Attend Seminar
DEPARTMENT: Police Dept
Police Department-Training Request
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Police
Officer William Brewer to attend a seminar on Child Passenger Safety in West Babylon,
NY, on June 6, 2014. All expenses for registration, travel to be a legal charge to the 2014
Juvenile Aid budget line A.3157.4.600.200.
Vote Record - Resolution RES-2014-487
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
Supervisor's Appt
Tax Receiver's Appt
Rescinded
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost

Yes/Aye No/Nay Abstain Absent
Robert Ghosio
James Dinizio Jr
William P. Ruland
Jill Doherty
Louisa P. Evans
Scott A. Russell
2014-488
CATEGORY: Employment - Town
DEPARTMENT: Recreation
Appoint Seasonal Staff Recreation Department
RESOLVED that the Town Board of the Town of Southold hereby appoints the
following 2014 seasonal summer staff for the period June 28 - September 1 as
follows:
STILLWATER LIFEGUARD HOURLY SALARY
1. Aileen Rosin (1st year)... $12.17
Southold Town Meeting Agenda - June 3, 2014
Page 19
Vote Record - Resolution RES-2014-488
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
Supervisor's Appt
Tax Receiver's Appt
Rescinded
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost

Yes/Aye No/Nay Abstain Absent
Robert Ghosio
James Dinizio Jr
William P. Ruland
Jill Doherty
Louisa P. Evans
Scott A. Russell
2014-489
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Amend Resolution No. 2014-435
RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2014-435 to
read as follows:

RESOLVED that the Town Board of the Town of Southold hereby appoints the following
2014 seasonal summer staff for the period June 28 - September 1 as follows:
STILLWATER LIFEGUARDS HOURLY SALARY
1. Connor Almberg (1st year).. $12.17
2. John Baglivi (2nd year) $12.44
3. Lucy Martin (1st year) $12.17
4. Nicholas Chylinski (3rd year).. $12.72
5. Markis Croteau (3rd year) $12.72
6. Hannah Fitzgerald (1st year) $12.17
7. Mally Fogarty (3rd year).. $12.72
8. Katharine Freudenberg (3rd year) $12.72
9. Dylan Hahn (3rd year).. $12.72
10. Ernest Kozlowski (2nd year). $12.44
11. Roy Lebkuecher (2nd year)... $12.44
12. Michel Liegey (4th year).. $12.99
13. Sean Moran (1st year).... $12.17
14. John Nolan (3rd year).. $12.72
15. Mallaigh Nolan (2nd year)... $12.44
16. Siobhan Nolan (2nd year)... $12.44
17. Jessica Orlando (7th year) $13.82
Southold Town Meeting Agenda - June 3, 2014
Page 20
18. Julia Orlando (3rd year) $12.72
19. Kevin Schwartz (4th year). $12.99
20. Greg Sheryll (1st year) $12.17
21. Patrick Sinclair (2nd year). $12.44
22. Breton Worthington (5th year).. $13.27
BEACH ATTENDANTS
1. Mary Bertschi (3rd year).. $9.75
2. Joshua Hassildine (1st year).. $9.42
3. Caroline Metz (2nd year) $9.58
4. Sidney Mulvaney (1st year).. $9.42
5. Jessica Rizzo (2nd year) $9.58
6. Ally Robins (1st year).... $9.42
7. Natalie Troisi (2nd year) $9.58
BEACH MANAGERS
1. Tim McElroy (7th year). $15.34
2. Will Seifert (4th year) $14.44
LIFEGUARD TRAINER
1. Meg Sautkulis (5th year) $16.74
Vote Record - Resolution RES-2014-489
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
Supervisor's Appt
Tax Receiver's Appt
Rescinded
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost

Yes/Aye No/Nay Abstain Absent
Robert Ghosio
James Dinizio Jr
William P. Ruland
Jill Doherty
Louisa P. Evans
Scott A. Russell
2014-490
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Accepts Resignation of Geroline Markiewicz
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of
Geroline Markiewicz from the position of Full Time Mini Bus Driver for the Human
Resource Center, effective May 30, 2014.
Vote Record - Resolution RES-2014-490
Adopted
Adopted as Amended
Defeated

Yes/Aye No/Nay Abstain Absent
Robert Ghosio
Southold Town Meeting Agenda - June 3, 2014
Page 21
Tabled
Withdrawn
Supervisor's Appt
Tax Receiver's Appt
Rescinded
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost
James Dinizio Jr
William P. Ruland
Jill Doherty
Louisa P. Evans
Scott A. Russell
2014-491
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Appoint Provisional Assessment Clerk
WHEREAS the Suffolk County Department of Civil Service has established that there is no
eligible list for Assessment Clerk, and
WHEREAS the Town Board of the Town of Southold has determined that the Town should fill
the Assessment Clerk position for the Assessors Department with a provisional appointment, and
has received permission from Suffolk County Department of Civil Service to make said
provisional appointment, now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby appoints Amy Maguire-
Burns to the position of provisional Assessment Clerk for the Assessors Department, effective
June 5, 2014 at a rate of $35,766.63 per year.
Vote Record - Resolution RES-2014-491
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
Supervisor's Appt
Tax Receiver's Appt
Rescinded
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost

Yes/Aye No/Nay Abstain Absent
Robert Ghosio
James Dinizio Jr
William P. Ruland
Jill Doherty
Louisa P. Evans
Scott A. Russell
2014-492
CATEGORY: Refund
Southold Town Meeting Agenda - June 3, 2014
Page 22
DEPARTMENT: Town Clerk
Return of Clean-Up Deposit for a Beach Wedding
WHEREAS Frank A. Perrone supplied the Town of Southold with a Clean-up Deposit fee in the
amount of $250.00 for his Beach Wedding at Southold Town Beach and
WHEREAS the Southold Town Recreation Director Ken Reeves has informed the Town Clerks
office that this fee may be refunded, now therefore be it
RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in
the amount of $250.00 to Frank A. Perrone, P O Box 651, Southold, New York 11971.
Vote Record - Resolution RES-2014-492
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
Supervisor's Appt
Tax Receiver's Appt
Rescinded
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost

Yes/Aye No/Nay Abstain Absent
Robert Ghosio
James Dinizio Jr
William P. Ruland
Jill Doherty
Louisa P. Evans
Scott A. Russell
2014-493
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Authorizes PT Minibus Driver Vito DiVello to Work FT
WHEREAS the Towns Programs for the Agings driver pool is short employees and the Town
Board has determined that the Programs pool requires full-time coverage until pool is refilled in
approximately 4 weeks, now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes Part-Time Mini
Bus Driver Vito M. DiVello to work full-time to cover this shortage starting on June 4, 2014;
rate of pay at Mr. DiVellos existing rate of $16.93 per hour.
Vote Record - Resolution RES-2014-493
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
Supervisor's Appt

Yes/Aye No/Nay Abstain Absent
Robert Ghosio
James Dinizio Jr
William P. Ruland
Southold Town Meeting Agenda - June 3, 2014
Page 23
Tax Receiver's Appt
Rescinded
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost
Jill Doherty
Louisa P. Evans
Scott A. Russell
2014-494
CATEGORY: Public Service
DEPARTMENT: Town Clerk
Appoint Albert J. Krupski, Jr. as a Temporary Marriage Officer
RESOLVED the Town Board of the Town of Southold hereby appoints Albert J. Krupski, Jr. as
a Temporary Marriage Officer for the Town of Southold, on June 21, 2014 only, to serve at no
compensation.
Vote Record - Resolution RES-2014-494
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
Supervisor's Appt
Tax Receiver's Appt
Rescinded
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost

Yes/Aye No/Nay Abstain Absent
Robert Ghosio
James Dinizio Jr
William P. Ruland
Jill Doherty
Louisa P. Evans
Scott A. Russell
2014-495
CATEGORY: Refund
DEPARTMENT: Town Clerk
Return of Clean-Up Deposit to New Suffolk Waterfront Fund
WHEREAS the New Suffolk Waterfront Fund supplied the Town of Southold with a Clean-up
Deposit fee in the amount of $210.00 for its Annual ChowderFest and
WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerks
office that this fee may be refunded, now therefore be it
RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in
Southold Town Meeting Agenda - June 3, 2014
Page 24
the amount of $210.00 to New Suffolk Waterfront Fund, Inc., P. O. Box 146, New Suffolk, New
York 11956
Vote Record - Resolution RES-2014-495
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
Supervisor's Appt
Tax Receiver's Appt
Rescinded
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost

Yes/Aye No/Nay Abstain Absent
Robert Ghosio
James Dinizio Jr
William P. Ruland
Jill Doherty
Louisa P. Evans
Scott A. Russell
2014-496
CATEGORY: Public Service
DEPARTMENT: Town Clerk
Appoint Marriage Officer
RESOLVED that the Town Board of the Town of Southold hereby appoints Supervisor Scott A.
Russell as a marriage officer from June 22 thru July 5, 2014.
Vote Record - Resolution RES-2014-496
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
Supervisor's Appt
Tax Receiver's Appt
Rescinded
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost

Yes/Aye No/Nay Abstain Absent
Robert Ghosio
James Dinizio Jr
William P. Ruland
Jill Doherty
Louisa P. Evans
Scott A. Russell
VI. PUBLIC HEARINGS
1. PH 5/6/14 @7:32 PM LL/ LI & LIO Solar Code
History:
05/06/14 Town Board ADJOURNED Next: 06/03/14
NOTICE IS HEREBY GIVEN, there had been presented to the Town Board of the Town of
Southold, Suffolk County, New York, on the 8
th
day of April, 2014, a Local Law entitled A
Southold Town Meeting Agenda - June 3, 2014
Page 25
Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar
Energy Production Systems as a Special Exception Use in the Light Industrial and Light
Industrial Office Zones and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will
hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road,
Southold, New York, on the 6
th
day of May, 2014, at 7:32 p.m. at which time all interested
persons will be given an opportunity to be heard.
The proposed Local Law entitled, A Local Law in relation to Amendments to Chapter 280,
Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception
Use in the Light Industrial and Light Industrial Office Zones reads as follows:
LOCAL LAW NO. 2014
A Local Law entitled, A Local Law in relation to Amendments to Chapter 280, Zoning, to
Permit Commercial Solar Energy Production Systems as a Special Exception Use in the
Light Industrial and Light Industrial Office Zones.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
It is the intention of the Town Board of the Town of Southold as part of its goal to limit
dependence on imported fossil energy, and decrease greenhouse gas emissions to permit
commercial solar energy production systems with special exception approval in the Light
Industrial and Light Industrial Office Zones to minimize impacts to residents and scenic
viewsheds important to the community.
II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
280-4. Definitions.
Commercial Solar Energy Production System - an arrangement or combination of components
installed upon land that utilize solar radiation to produce energy designed to provide electricity
for on-site or off-site use pursuant to a power purchase agreement.
280-58. Use regulations.
B. Uses permitted by special exception of the Board of Appeals. The following uses are
permitted as a special exception by the Board of Appeals as hereinafter provided, except
subsection (B)(10), which may be permitted as a special exception by the Planning Board, and
all such special exception uses shall be and subject to site plan approval by the Planning Board:
(10) Commercial Solar Energy Production System, subject to the following criteria:
(a) The commercial solar energy system shall not be on a parcel of less than five [5] acres.
(b) All ground-mounted panels shall not exceed the height of 8
(c) All mechanical equipment of commercial solar energy system, including any structure for
batteries or storage cells, are completely enclosed by a minimum eight (8) foot high fence with a
self-locking gate.
(d) Notwithstanding any requirement in Section 280-59 of this Chapter, the total surface area
of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells,
panels, and arrays, shall not exceed 80% of the total parcel area.
(e) The installation of a vegetated perimeter buffer to provide year round screening of the
system from adjacent properties.
(f) All solar energy production systems are designed and located in order to prevent
reflective glare toward any habitable buildings as well as streets and rights-of-way.
(g) All on-site utility and transmission lines are, to the extent feasible, placed underground.
Southold Town Meeting Agenda - June 3, 2014
Page 26
(h) The installation of a clearly visible warning sign concerning voltage must be placed at the
base of all pad-mounted transformers and substations.
(i) The system is designed and situated to be compatible with the existing uses on adjacent
and nearby properties.
(j) In approving a special exception, the Planning Board may waive or modify any of the
above criteria if it finds that there is no detriment to public health, safety and welfare.
(k) Any special exception approval granted under this article shall have a term of twenty
years, commencing from the grant of the special exception, which may be extended for
additional five-year terms upon application to the Planning Board.
(l) Decommissioning/Removal:
(i) Any commercial solar energy production system that is not operated for a continuous
period of 24 months shall be deemed abandoned. At that time, the owner of the commercial
solar energy production system or the owner of the property where the commercial solar energy
production system is located shall remove all components thereof within 90 days of such deemed
abandonment or will be in violation of this section. In the case of a commercial solar energy
production system on preexisting structures, this provision shall apply to the commercial solar
energy production system only. If the commercial solar energy production system is not
removed within said 90 days, the Building Inspectors may give the owner notice that unless the
removal is accomplished within 30 days, the Town will cause the removal at the owners
expense. All costs and expenses incurred by the Town in connection with any proceeding or any
work done for the removal of a commercial solar energy production system shall be assessed
against the land on which such commercial solar energy production system is located, and a
statement of such expenses shall be presented to the owner of the property, or if the owner
cannot be ascertained or located, then such statement shall be posted in a conspicuous place on
the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the
system and the owner of the property upon which the system is located shall fail to pay such
expenses within 10 days after the statement is presented or posted, a legal action may be brought
to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any
such action, the Building Inspector may file a certificate of the actual expenses incurred as
aforesaid, together with a statement identifying the property in connection with which the
expenses were incurred and the owner of the system and the owner of the property upon which
the system is located, with the Assessors, who shall, in the preparation of the next assessment
roll, assess such amount upon such property. Such amount shall be included in the levy against
such property, shall constitute a lien and shall be collected and enforced in the same manner, by
the same proceedings, at the same time and under the same penalties as are provided by law for
the collection and enforcement of real property taxes in the Town of Southold.
(ii) This section is enacted pursuant to Section 10 of the Municipal Home Rule Law to
promote the public health, safety and general welfare of Town citizens through removal
provisions to ensure the proper decommissioning of commercial solar energy production systems
within the entire Town. The removal reduction provision of this chapter shall supersede any
inconsistent portions of the Town Law Section 64(5-a) and govern the subject of removal of
commercial solar energy production systems in this chapter.
280-62. Use regulations.
B. Uses permitted by special exception of the Board of Appeals. The following uses are
permitted as a special exception by the Board of Appeals as hereinafter provided, except
Southold Town Meeting Agenda - June 3, 2014
Page 27
subsection (B)(10), which may be permitted as a special exception by the Planning Board, and
all such special exception uses shall be and subject to site plan approval by the Planning Board:
(10) Commercial Solar Energy Production System, subject to the following criteria:
(a) The commercial solar energy system shall not be on a parcel of less than five [5] acres.
(b) All ground-mounted panels shall not exceed the height of 8
(c) All mechanical equipment of commercial solar energy system, including any structure for
batteries or storage cells, are completely enclosed by a minimum eight (8) foot high fence with a
self-locking gate.
(d) Notwithstanding any requirement in Section 280-63 of this Chapter, the total surface area
of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells,
panels, and arrays, shall not exceed 80% of the total parcel area.
(e) The installation of a vegetated perimeter buffer to provide year round screening of the
system from adjacent properties.
(f) All solar energy production systems are designed and located in order to prevent
reflective glare toward any habitable buildings as well as streets and rights-of-way.
(g) All on-site utility and transmission lines are, to the extent feasible, placed underground.
(h) The installation of a clearly visible warning sign concerning voltage must be placed at the
base of all pad-mounted transformers and substations.
(i) The system is designed and situated to be compatible with the existing uses on adjacent
and nearby properties.
(j) In approving a special exception, the Planning Board may waive or modify any of the
above criteria if it finds that there is no detriment to public health, safety and welfare.
(k) Any special exception approval granted under this article shall have a term of twenty
years, commencing from the grant of the special exception, which may be extended for
additional five-year terms upon application to the Planning Board.
(l) Decommissioning/Removal:
(i) Any commercial solar energy production system that is not operated for a continuous
period of 24 months shall be deemed abandoned. At that time, the owner of the commercial
solar energy production system or the owner of the property where the commercial solar energy
production system is located shall remove all components thereof within 90 days of such deemed
abandonment or will be in violation of this section. In the case of a commercial solar energy
production system on preexisting structures, this provision shall apply to the commercial solar
energy production system only. If the commercial solar energy production system is not
removed within said 90 days, the Building Inspectors may give the owner notice that unless the
removal is accomplished within 30 days, the Town will cause the removal at the owners
expense. All costs and expenses incurred by the Town in connection with any proceeding or any
work done for the removal of a commercial solar energy production system shall be assessed
against the land on which such commercial solar energy production system is located, and a
statement of such expenses shall be presented to the owner of the property, or if the owner
cannot be ascertained or located, then such statement shall be posted in a conspicuous place on
the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the
system and the owner of the property upon which the system is located shall fail to pay such
expenses within 10 days after the statement is presented or posted, a legal action may be brought
to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any
such action, the Building Inspector may file a certificate of the actual expenses incurred as
Southold Town Meeting Agenda - June 3, 2014
Page 28
aforesaid, together with a statement identifying the property in connection with which the
expenses were incurred and the owner of the system and the owner of the property upon which
the system is located, with the Assessors, who shall, in the preparation of the next assessment
roll, assess such amount upon such property. Such amount shall be included in the levy against
such property, shall constitute a lien and shall be collected and enforced in the same manner, by
the same proceedings, at the same time and under the same penalties as are provided by law for
the collection and enforcement of real property taxes in the Town of Southold.
(ii) This section is enacted pursuant to Section 10 of the Municipal Home Rule Law to
promote the public health, safety and general welfare of Town citizens through removal
provisions to ensure the proper decommissioning of commercial solar energy production systems
within the entire Town. The removal reduction provision of this chapter shall supersede any
inconsistent portions of the Town Law Section 64(5-a) and govern the subject of removal of
commercial solar energy production systems in this chapter.
280-138. Fee schedule for site plan applications.
D. The fee for new site plan applications for commercial solar energy production systems
pursuant to 280-58(B)(10) and 280-62(B)(10) shall be a flat fee of $3,000.00 and the fee for an
amendment to a site plan application for commercial solar energy production systems shall be
$2,000.00.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
2. Moffat Farm North, LLC Set P.H. Dev Rights Easement