HomeMy WebLinkAboutTB-10/08/1991128
SOUTHOLD TOWN BOARD
OCTOBER 8, 1991
WORK SESSION
Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman
George L. Penny IV, Councilwoman Ruth D. Oliva, Councilwoman Ellen M. Latson,
Councilman Thomas H. Wickham, Town Attorney Harvey A. Arnoff (2:20 p.m.),
Assistant Town Attorney Matthew G. Kiernan, Town Clerk Judith T. Terry.
9:55 a.m. - Mary Ann Fleishman, Chairperson of the Southold Town Youth Board,
met with the Town Board to discuss the September, 1991 Youth Board Preliminary
Report, program proposal, and funding request. Ms. Fleishman recommended the
establishment, through Town Board resolution, of a Southold Town Youth Bureau,
which formally creates a recognized, legitimate entity, in-Southold Town focused
on youth advocacy. Recognition creates entitlement set forth from County, State
and Federal Youth Service networks, and is vital for the pursuit of new funding
sources. She feels the Town Board has the following options/decisions: (1)
establish the Youth Bureau by resolution; (2) fund the proposed 1992 program,
creating an operating Youth Bureau service structure; (3) pursue Shelter Island
Town/co-joint Youth Bureau possibility for matching State aid; (4) retention of
status quo.
10:45 a.m. - Tom Mahert Dvirka & Bartilucci, met with the Board to explain the
results of the hydrogeoiogic investigation at the Landfill. it was found that the
effects of the landfill on groundwater is minimal. Of the 14 wells tested, only one
exceeded the State's drinking water standards, and that showed levels of a
fumigant used in. agriculture. The tests confirm 1990 EPA findings as a result
of soil tests and groundwater monitoring of existing wells at the landfill, and the
Suffolk County Health Department report which indicated rural landfills are not
a threat to drinking water.
11:45 a.m. - For Discussion Items: (1) Request from the owners of the major
subdivision "Home Farm Estates" for the reimbursement of their filing fee, whereas
they have sold the development rights to Suffolk County. The Planning Board
submitted a break-down of the hours spent reviewing the application, and later
in the day Planner Melissa Spiro met with the Board to explain the review process.
It was agreed the Planning Board-to would submit additional information with
respect to the requested reimbursement for the Board's consideration at their
October 22nd work session. (2) Letter from Town Historian Antonia Booth asking
the Board if they would consider removing a small flower stand on the property
of John Zaleski at Greenport where there is a historical milemarker. Supervisor
Harris will discuss the requested with Superintendent of Highways Jacobs. (3)
Request for the refund of a Zoning Appeal fee by Wilhelm Franken (see resolution
no. 23). (4) Councilman Penny presented a proposed "Local Law in Relation to
Home Business Office" for the Board's consideration. After review, the Town
Board referred it back to the Legislative Committee. (5) Appointment of two new
members to the Southold Town Tree Committee (see resolution no. 24). (6) Set
date and time for continuation of the hearing with regard to the Police Contract
Grievance: Squad Assignments and Choice of RDO's (see resolution no. 30). (7)
· Proposal to set a public hearing to appropriate monies from the Southold
Wastewater Disposal District budget fo? proposed improvements to the plant,
but cannot proceed until the specifications and plan are received from Cameron
Engineering - hopefully by the October 22nd meeting. (8) Request from the
Town Trustees for a Town Board resolution affirming the principals of the Andros
OCTOBER 8, 1991
129? ~
Patent (see resolution no. 26). (9) Discussed setting a public informational
meeting on commercial recycling (see resolution no. 27). (10) Councilman
Wickham initiated a discussion concerning the legal procedures suggesed by the
Town Attorney's Office for addressing zoning amendments proposed by the USIUK
Stewardship Exchange. This was discussed in the afternoon when Town Attorney
Arnoff was present and it was agreed to wait until after the October 9th meeting
with the Planning Board on this same subject. (11) Letter from residents of
Boisseau Avenue, Southold, requesting the reduction of the current 40 mph speed
limit to 30 mph (see resolution no. 31 requesting the NYS-DOT to conduct a speed
survey).
12:45 p.m. - Recess for lunch.
2:00 p.m. - Work Session reconvened and Board audited outstanding bills.
EXECUTIVE SESSION
2:20 p.m. On motion of Councilman Wickham, seconded by Councilwoman Olivar
it was Resolved that the Town Board enter into Executive Session. Vote of the
Board: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny,
Councilwoman Oliva, Councilwoman Latson, Councilman Wickham. Also present:
Town Attorney Arnoff, Assistant Town Attorney Kiernan, Town Clerk Terry.--
The Town Board met with Police Chief Droskoski to discuss personnel matters.--
Also discussed: litigation, hiring Labor Relations Consultants (see resolution no.
28), hiring an attorney to represent Supervisor Harris, Councilman Penny and
Town Attorney Arnoff in the PERB/PBA lawsuit (see resolution no. 29).
3:40 P.M. - Board reviewed resolutions to be voted upon at the 4:00 p.m. Regular
Meeting.
3:50 p.m. - Work Session adjourned.
1
REGULAR MEETING
A Recjular Meetin9 of the Southold Town Board was held on Tuesday, October
8, 1991, 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 HARRIS:
8, 1991.
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Councilwoman Ellen M. Latson
Councilman Thomas H. Wickham
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
I need a motion to approve the audit of the bills of October
Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the following audited bills be and hereby ordered paid: General
Fund Whole Town bills in the amount of $66~078.95; General Fund Part Town bills
in the amount of $22,715.76; Adult Day Care bills in the amount of $485.18; SNAP
Program bills in the amount of $3,764.60; Highway Fund Whole Town bills in the
amount of $40,103.50; Highway Fund Part Town bills in the amount of $13,953.71;
Capital Projects Account bills in the amount of $40,000.00; Employee Health Benefit
Plan bills in the amount of $31,912.84; Fishers Island Ferry District
amount of $18,041.38; Wendy Drive Improvement District bills in the
$1,200.00; West Creek Estates Road Improvement bills in the amount
Southold Wastewater District bills in the amount of $851.00; Fishers
District bills in the amount of $344.00; Fishers Island Ferry District
bills in the amount of $661.69.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
bills in the
amount of
of $10,509.01;
Island Sewer
Agency & Trust
SUPERVISOR HARRIS: A motion to approve the minutes of September 24, 19917
Moved by Councilman Penny, seconded by Councilman Wickham, it was
RESOLVED that the minutes of the September 24, 1991, regular Town Board meeting
be and hereby approved.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris. Abstain: Counciwoman Latson.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: We need a motion to approve the minutes of October 2,
1991.
Moved by Councilman Penny, seconded by Councilwoman Latson, it was
RESOLVED that the minutes of the October 2, 1991, Special Town Board meetinq
be and hereby approved.
Vote of the Town Board: Ayes: Councilman Wi~kham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I need motion to set October 9, 1991, at 5:00 P.M. for
the next regularly scheduled Town Board meeting, a Special Meeting.
Moved by Councilwoman Oliva, seconded by Councilman Penny, it was
RESOLVED that a Special Meetinq of the Southold Town Board will be held at 5:00
P.M., Wednesday, October 9, 1991, at the Southold Town Hall, Southold, New York.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: We need a motion to set the next scheduled Town Board
meeting of October 22, 1991, at 4:00 P.M.
OCTOBER 8, 1991 131:~
Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the next recgular meetinq of the Southold Town Board will be held
at 4:00 P.M., Tuesday, October 22, 1991, at the Southold Town Hall, Southold,
New York.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
I. REPORTS.
1. Southold Town Dog Shelter Monthly Report for September, 1991.
2. Southold Town Building Department Monthly Report for September, 1991.
3. Southold Town Clerk's Monthly Report for September, 1991.
4. Southold Town Recreation Department Monthly Report for September, 1991.
5. Southold Town Planning Board Monthly Report for September, 1991.
6. Lawrence Healthcare CSEA Health Benefit Report for September, 1991.
7. Lawrence Healthcare PBA Health Benefit Report for September, 1991.
8. Southold Town Justice Tedeschi's Monthly Report for September, 1991.
9. Southold Town Justice Edwards' Monthly Report for September, 1991.
10. Mark L. Rollins Vending Machine Report for September, 1991.
11. Councilman's Report.
12. Supervisor's Report.
II. PUBLIC NOTICES.
1. Cynthia R. Kinsella, Chairman, Board of Trustees, Eastern Long Island
Hospital, in regard to a community meeting at the Southold Senior Center on Peconic
Lane: Peconic, on October 9, 1991 at 7:30 P.M.
2. New York State Assembly Notice of Public Hearing on assessment of solid
waste disposal practices on Long Island, October 22, 1991, 10:00 A.M., New York
State Office Building, Veterans Memorial Highway, Hauppauge, New York.
3. N.Y.S. Department of Environmental Conservation, Notice of Complete
Application of The Wolowitz Organization to clear and fill within 100' of freshwater
wetlands, west of Island End Golf and Country Club, North of S.R. 25, Greenport,
New York. Comments no later than October 18, 1991.
4. N~Y.S. Department of Environmental Conservation, Notice of Complete
.Ai~l~lication of David Giuglianotti to construct rear addition to an existing dwelling
and deck within 100' of freshwater wetland known as Marion Lake, 1360 Trumans
Path, Southold, N.Y.
5. Suffolk County Department of Social Services Notice of Public Hearing
on the services under Title XX of the Social Security Act, on Tuesday, October
15, 1991, 10:00 A.M. to Noon, 3:00 P.M. to 7:00 P.M., lobby of Department of
Labor/Social Services Building, Hauppague, N.Y.
6. Raymond Jacobs, Superintendent of Highways regarding debris from Hurri-
cane Bob.
7. Joseph A. Clemente, Commissioner of Suffolk County Department of Aginq
Notice of Public Hearing October 11, 1991 at the Suffolk County Legislative Auditorium,
Hauppauge, N.Y., in regard to the Department's services, and programs.
8. N.Y.S. Department of Environmental Conservation Notice of Public Hearing
regarding The Lagoon Association, Nassau Point, Cutchogue seeking to modity an
existing permit to conduct maintenance dredging.
III. COMMUNICATIONS.
1. Anne Wickham in appreciation for Southold Town's part in the Douglas
Moore Concert.
IV. PUBLIC HEARING.
1. 4:30 P.M. on a proposed "Local Law in Relation to Coastal Erosion Hazard
Areas".
V. RESOLUTIONS.
SUPERVISOR HARRIS: Before we go into resolutions, are there any members of
the audience that would like to address any resolution that we have before us,
that we'll be acting upon? (No response.) If not, first resolution, do you want
to start Ellen?
132 OCTOBER 8, 1991
1.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
$120,000.00 Performance Bond for The Woods at Cutchoc)ue, which bond is a reduc-
tion from the present $319,680.00 performance bond being held by the Town Clerk,
all in accordance with the Town Board's resolution of June 18, 1991 authorizing
said reduction as recommended by the Southold Town Planning Board.
1.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
2.-Moved by Councilwoman Oliva, seconded by Justice Edwards,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local law entitled, "A Local Law in Relation to No Stoppinc. j Zone"; now,
therefore, be it
RESOLVED that the Town Board hereby sets 4:35 p.m., Tuesday, October 22,
1991, Southold Town Hall, Main Road, Southold, New York, as time and place for
a public hearinc, t on the aforesaid proposed Local Law which reads as follows:
A Local Law in Relation to No Stopping Zone
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 92 (Vehicles and Traffic) of the Code of the Town of Southold is
hereby amended as follows:
1. Section 92-33 (Stopping prohibited
adding the following
Name of Street Side
County Route 48 North
at all times) is hereby amended by
Location
In Mattituck, from the extended
curb line at the intersection of Cox
Neck Road, easterly for a distance
of 475 feet.
II. This Local Law shall take effect upon its filing with the Secretary of State.
2.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
3.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the resic, tna-
tion of Judith Huelle-Jaklevic as a School Crossing Guard, effective immediately.
3.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Resolution Number 4, appointing a school crossing guard, is out.
5.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of Sound Shore Excavatinc~ Corp. for supplying the Southold Town Department
of Public Works with one (I) used 1979 Mack EM6-300 truck, at a price of $15,000.00,
all in accordance with the bid specifications.
5.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
6.-Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED, that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute a lease between the Fishers Island
School District and the Town of Southold for two (2) public tennis courts situate
on the school grounds at Fishers Island, New York; said lease for a term of ten
(10) years, effective October 15, 1991 through October 14, 2001, at an annual rent
of $1.00 per year, terms and conditions all in accordance with the lease agreement
prepared by the Town Attorney.
$.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
7.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute an amendment to the fiscal year 1991
Community Development Block Grant agreement between the County of Suffolk and
the Town of Southold, which amendment provides $20,000.00 funding under the
Competitive Performance Grant Program recently awarded to the Town of Southold
for the North Fork Housing Alliance - Housing Counseling Program; said agreement
all in accordance with the approval of the Town Attorney.
7.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
OCTOBER 8, 1991
.t 133
8.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State
Environmental Quality Review Act, and 6NYCRR Part 617.10, and Chapter 44 of
the Code of the Town of Southold, notice is hereby given that the Southold Town
Board, in conducting an uncoordinated review of this unlisted action, has determined
that there will be no significant effect on the environment.
'DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Coastal Erosion
Hazard Areas", which law will implement and administer a Coastal Erosion Management
Program within the Town of Southold pursuant to Article 34 of the New York State
Environmental Conservation Law. The SEQRA evaluation has been done by the
New York State DEC with regard to this law, and they determined that it is consis-
tent with social, economic and other essential considerations from amonq the reasonable
alternatives thereto, and the action is one which minimizes or avoids at'verse
environmental effects to the maximum extent practicable.
8.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
9.-Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes an
extension to November 15, 1991 for outstanding medical bills of Joyce Skwara, wife
of employee Chester Skwara, whereas the bill had been submitted to Medicare and
another insurance carrier who each stated the bill should have been submitted to
the Town as primare carrier, and it is now more than 90 days after the end of
the plan year.
9.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
10.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby c~rants permission
to Assessment Assistant Claire Glew to attend a class on the computerization of
corrections to the EA5217 forms (Real Property Transfer Forms), at the Division
of Equalization and Assessment, Garden City, New York, on Thursday, October
10, 1991, and the use of a Town vehicle for travel, and necessary expenses for
travel and lunch shall be a legal charge against the Assessor's 1991 Budget.
10.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
11.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby c~rants permission
to the Mattituck Presbyterian Church to hold their annual Crop Walk on Sunday,
October 20, 1991, to commence at 12:45 p.m. at the Mattituck School, and using
the following Town Roads in Mattituck and Cutchogue: Moores Lane, New Suffolk
Avenue, Deep Hole Drive, Reeve Avenue, and Maple Avenue, provided they secure
and file with Town Clerk a Certificate of Liability Insurance for at least One
Million Dollars naming the Town of Southold as an additional insured.
11.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
12.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby approves the
revised amount of $77,900.00 for a bond for roads and improvements in the major
subdivision of "Mattituck Creek Estates", all in accordance with the recommendation
of the Southold Town Planning Board and James A. Richter, Engineering Inspector.
12.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
13.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followinq budget modification to the Wendy Drive Improvement District 1991 Budcjet
to redeem the Wendy Drive Bond Anticipation Note in full to save 1991 legal fees
of approximately $500.00, by appropriating all funds available and by General Fund
Whole Town Advancing $517.38 which will be repaid in full with interest in 1992:
To:
Revenues:
SM1.1090 Interest & Penalties - Real Estate Taxes $ 2.16
SM1.2401 Interest & Earnings 62.46
SM1.5031 Interfund Transfers 517.38
SM1.599 Appropriated Fund Balance 91.98
134 OCTOBER 8, 1991
Appropriatons:
SM1.9730.6 Bond Anticipation Notes, Principal $ 1,200.00
From:
Appropriations:
SM1.1420.4 Town Attorney, Contractual Expenses $ 525.00
SM1.9730.7 Bond Anticipation Notes, Interest 1.02
13.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: This resolution will save seven homes in that special
district, that was created a number of years ago, approximately $500.00 in taxes,
and I think that's significant for those individuals in that district.
Resolution #14, in regard to Letter of Credit for subdivision "Wild Oats", is out.
15.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following budcjet modification to the General Fund - Whole Town 1991 Budc~et to
cover overdrawn budget line:
To:
A5650.4 Off Street Parking, Contractual Expenses $ 4,000.00
From:
A5650.1 Off Street Parking, Personal Services $ 4,000.00
15.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
16.-Moved by Councilman Penny, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followincj budcjet modification to the Fishers Island Ferry District 1991 Budc~et to
appropriate FAA Grant, and to cover needs for the remainder of 1991:
To;
Revenues:
SM.4097 Capital Grant - Federal Government $ 25,000.00
Appropriations:
SM.1930.4 Insurance Claims, Contractual Expenses $ 1,000.00
SM;5610.4 Elizabeth Airport, Contractual Expenses 25,000.00
SM..5710.2 Ferry Repairs, Equipment 10,000.00
SM.9060.8 Hospital & Medical Insurance 14,000.00
From:
Appropriations:
SM.9010.8 NYS Retirement $ 25,000.00
16.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
17.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the application of Jacqueline B. Moeller for renewal of her employee
housinc~ trailer permit, for trailer located at Hidden Lake Farm stable and riding
school, on the north side of County Road 48, $outhold, which permit expires on
October 9, 1991, be and hereby is cjranted for a six (6) month period.
17.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
18.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the application of Richard and Sophia Greenfield for renewal of
their sincjle family house trailer permit, for trailer located at their residence building
site on a private right-of-way off of the north side of CR 48, Peconic, which permit
expired on October 5, 1991, be and hereby is cjranted for a six (6) month period.
18.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
19.-Moved by Councilwoman Latson, seconded by Supervisor Harris, it was
RESOLVED that the application of Richard T. Girards, President of Wolf Pit
Nurseries, Inc., for renewal of his two (2) trailer permits, one an office trailer,
and one an office and employee break area trailer, both located at 6900 Wickham
Avenue, Mattituck, which permits expired on October 7, 1991, be and hereby are
cjrant~ed for a six (6) month period.
19.-Vote of the Town Board: Ayes: Cou'ncilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
OCTOBER 8, 1991
20.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes an
advance fee check in the amount of $70J00 for the October 30, 1991 senior trip
to West Point Military Academy; said charge to be made to A7620.4, Adult Recrea-
tion, Contratual Expenses; check to made payable to West Point Tours, Inc.
20.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
21 .-Moved by Councilman Penny, seconded by Councilwoman Olvia, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute a cjrant application to the Huntington
Arts Council for a 1992 Decentralization Program Grant for the Summer Showcase
Concert Series.
21.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
22.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Detective
Martin Flatley to attend a Druc~ Enforcement Agency Basic Course at Troy, New
York, for a two week period, beginning October 28, 1991, and the use of a Town
vehicle for travel, and necessary exoenses for registration, meals, lodging and
travel shall be a legal charge against the Police Department's 1991 Budget.
22.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: Mr. Flatley, by the way, is the member of the Police Force,
that has been assigned to the East End Drug Task Force in replacement of an officer
that we pulled back a number of months ago.
23.-Moved by Justice Edwards, seconded by Councilwoman Latson, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund
of the $500.00 filing fee for an application to the Board of Appeals by Wilhelm
Franken, which a-pplication (Appeal No. 4018) was withdrawn before being processed
by the Board of Appeals.
23.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
24.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints David
Blados and Martin Tarp¥ as members of the Southold Town Tree Committee, effective
immediately through September 22, 1992; they to serve in said position without
compensation.
24.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Resolution 25 to set a public hearing for the purpose of appropriating monies from
Southold Town Wastewater Disposal District Budget was held.
26.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold, at the request of the
Board of Southold Town Trustees, hereby recognizes that the Andros Patent is
a timeless expression of public trust, and thereby affirms the principals of' home
rule espoused in the Andros Patent, and endorses the proposal of the Board of
Trustees to hold a joint meeting with the Town Board to discuss and explore those
items of mutual interest concerning management of the Town's natural resources.
COUNCILWOMAN LATSON: I would just like state that the Andros Patent is a very
powerful document, and has been used successfully in the past 350 years to maintain
the Town's jurisdiction over tidal wetlands, and waters underground, which we
know as our Town creeks have been regulated by a body of the Town Trustees.
However, I do not believe in the past 351 years that the Trustees had executed
their authority beyond the wetland areas, specifically in modern times to relate
to the waters underground. It will be interesting to sit down with the Trustees,
and see exactly what they have in mind, as far as this document goes.
136 OCTOBER 8, 1991
COUNCILMAN PENNY: I would liketo add,that there is a lot more to the Andros
Patent, than meets the eye, and that our Trustees as late as under the Chairmanship
of Alvah Goldsmith, felt very strongly that there was no need for the DEC to
enter Southold Town at any time at all, so if we drop the ball anywhere it wasn't
350 years ago. It was only a few short year ago, but in the acclamation statement
that was made by Judge Sharretts, he said that certain title which the Town of
Southold was given in certain rights under this, can not be taken away, and
basically what he's saying is it can't be dropped. It's ours. It's ultimately ours,
and whether we assume it or not, it's still ours, and I think that this is going
to be a very interesting, productive discussion. Thank you.
26.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I would like to publicly, at this time, thank Judge Sharretts.
who came over at a Trustees meeting last week, and made his presentation. It
was very informative, and the amount of research, that he did for this town, was
certainly appreciated, and for the small amount of money that was expended to
produce this document, we appreciated the time that not only he has taken, but
others have taken to get this research completed, and we hope that the Trustees
will use this to the best of their ability to basically sustain their bible, which is
the Andros Patent for 1676.
27.-Moved by Councilwoman Oliva, seconded by Councilwoman Latson, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 7:30 p.m.,
Thursday, November 7, 1991, Southold Town Hall, Main Road, Southold, New York,
for a Public Informational Meetin~ on Commercial Recycling, and allocates a sum
not to exceed $750.00 for publication of same.
27.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: Please attend, as it will be a very informative meeting.
28.-Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott I_. Harris to execute a contract between the Town of
Southold and Competiello & Yaccarino, Labor Relations Consultants, at a fee of
$16,000.00, effective immediately through December 31, 1991, all in accordance with
the approval of the Town Attorney.
28.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
29.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby retains the services
of P. Kevin Brosnahan to handle the PBA complaint filed with PERB and to conduct
a hearing pursuant to the Notice of Claim filed by the PBA at a rate of $175.00
per hour.
29.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
30.-Moved by Councilwoman Latson; seconded by Councilwoman Olvia, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 7:00 P.M.,
Wednesday, October 16, 1991, Southold Town Hall, Main Road, Southold, New
York, as time and olace for the continuation of the hearing with regard to Police
Contract Grievance.' Squad Assignments and Choice of RDO's.
30.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
31.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby assic~ns the New
York State Department of Transportation to conduct a speed survey of the 40 miles
per hour speed zone on Boisseau Avenue, $outhold, for the purpose of reducing
the speed limit to 30 miles per hour.
31.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman L.atson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
:]37 .-
OCTOBER 8, 1991
32.-Moved by Councilwoman Oliva, seconaed by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby encjacjes the
services of Lewis Edson, at a fee of $100.00, to conduct an appraisal of the North
Fork Bank & Trust Company Mortgage/Computer Center (SCTM #1000-141-4-24),
located on the corner of Sound Avenue and Pacific Street, Mattituck, New York.
32.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: At this time, I need a motion to recess to go into public
hearings.
Moved by Councilwoman Latson, seconded by Justice Edwards, it was
RESOLVED that a recess be call at this time, 4:30 P.M., for the purpose of holding
a public hearing.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Reconvened at 4:40 P.M.
SUPERVISOR HARRIS: Would you tiJ<e to enact th.[~ Local Law?
33.-Moved by Councilman Penny, seconded by Councilman Wickham,
WHEREAS, a proposed Local Law No. 24 - 1991 entitled, "A Local Law in Relation
to Coastal Erosion Hazard Areas", was introduced at a meeting of this Board held
on the 24th day of Seotember, 1991; and
WHEREAS, a public hearing was held on the aforesaid proposed Local Law on the
8th day of October, 1991, at which time all interested persons were given an oppor-
tunity to be heard thereon; now, therefore be .it
RESOLVED that the Town Board of the Town of Southold hereby enacts Local Law
No. 24 - 1991 which reads as follows:
LOCAL LAW NO. 24 - 1991
A Local Law in Relation to Coastal Erosion Hazard Areas
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 6 (Coastal Erosion Hazard Areas) of the Code of the Town of
Southold is hereby adopted to read as follows:
ARTICLE I
GENERAL PROVISIONS
Section 6-1 (Enactment)
Pursuant to the provisions of Article 34 of the New York State
Environmental Conservation Law and Section 10 of the Municipal Home Rule
Law, the Town of Southold, County of Suffolk, State of New York, hereby
enacts by Local Law No. , 1991, this chapter.
Section 6-2 (Title)
This Chapter shall be known and may be cited as the "Town of
Southold Coastal Erosion Hazard Area Law."
Sec[ion 6-3 (Effective Date)
This chapter shall take effect twenty (20) calendar days from the
date of this chapter's adoption and filing pursuant to Section 27 of the
Municipal Home Rule Law, or the date of filing the official maps,
whichever is later.
Section 6-/~ {Purpose}
The Town of Southold hereby assumes the responsibility and
authority to implement and administer a Coastal Erosion Management
Program within its jurisdiction pursuant to Article 34 of New York State
Environmental Conservation Law. In addition, it is the purpose of this
chapter to:
138 OCTOBER 8, 1991
Ao
Ce
Establish standards and procedures for minimizing and
preventing damage to structures from coastal flooding and
erosion and to protect natural protective features and other
natural resources.
Regulate. in coastal areas subject to coastal flooding and
erosion, land use and development activities so as to minimize
or prevent damage or destruction to man-made property, natural
protective features and other natural resources and to protect .
human life.
Regulate new construction or placement of structures in order to
place them a safe distance from areas of active erosian and the
impact of coastal storms to ensure that these structures are not
prematurely destroyed or damaged due to improper siting, as
well as to prevent damage to natural protective features and
other natural resources.
Restrict' public investment in! services, facilities or activities
which are likely to encourage new permanent development in
erosion hazard areas.
Regulate the construction of erosion protection structures in
coastal areas subject to serious erosion to assure that when the
construction of erosion protection structures is justified.
their construction and operation will minimize or prevent damage
or destruction to man-made property, private and public
property, natural protective features and other natural
resources.
Section 6-5 (Legislative findings)
The Town of Southold finds that the Coastal Erosion Hazard Area:
Is prone to erosion from the action of the Long Island Sound.
Gardiners Bay. Long Beach Bay and Orient Harbor. Such
erosion may be caused by the action of waves, currents running
along the shore and wind-driven water and ice. Such areas are
· also prone to erosion caused by the wind, runoff of rainwater
along the surface of the land or groundwater seepage, as well as
by human activities such as construction, navigation and certain
forms of recreation.
Experiences coastal erosion which causes extensive damage to
publicly and privately owned property and to natural resources,
as well as endangering human lives. When this occurs,
individuals and private businesses suffer significant economic
losses, as do the town and the state, either directly
through property damage or indirectly through loss of economic
return. Large public expenditures may also be necessitated for
the removal of debris and damaged structures and replacement of
essential public facilities and services.
Experiences erosion-related problems that are often contributed
to by building without considering the potential for
damage to property, by undertaking activities which destroy
natural protective features such as dunes or vegetation, by
building structures intended for erosion prevention which may
exacerbate erosion conditions on adjacent or nearby property
and by water action produces by wakes from boats.
Is the subject of programs which foster erosion protection
structures, either with private or public funds, which are
costly, often only partially effective over time, and may even
be harmful to adjacent or nearby properties. In some sections'
of the Town of Southold, major erosion protection structures of
great length would be required to effectively reduce future
damages due to erosion.
139
OCTOBER 8, 1991 ,'
Section 6-6 (Definitions)
The following terms, as used in the chapter, shall have the meanings
indicated, unless the context clearly requires otherwise.
ADMINISTRATOR - The local officials responsible for administrating
and enforcing this chapter. The Southold Town
Board of Trustees is hereby designated as the Administrator.
BEACH - The zone of unconsolidated earth that extends landward
from the mean Iow-water line to the waterward toe of a dune or bluff.
whichever is most waterward. Where no dune or bluff exists
landward of a beach, the landward limit of a beach is one hundred
(100) feet landward from the place where there is a marked change in
material or physiographic form or from the line of permanent
vegetation, whichever's most waterward. Shoretands subject to
seasonal or more frequent overwash or inundation are considered to
be "beaches."
BLUFF - Any bank or cliff with a precipitous or steeply sloped face
adjoining a beach or a body of water. The waterward limit of a bluff
is the landward limit of"its waterward natural protective feature.
Where no beach is present, the waterward limit of a bluff is mean Iow
water. The landward limit is twenty-five (25) feet landward of the
receding edge or, in those cases where there is no discernible line
of active erosion, twenty-five (25) feet landward of the point of
inflection on the top of the bluff [The "point of inflection" is that
point along the top of the bluff where the trend of the land slope
changes to begin its descent to the shoreline.)
COASTAL EROSION HAZARD AREA MAP - The final map and any
amendments thereof issued by the Commissioner of the New York
State Department of Environmenta) Conservation. which delineates
boundaries of Coastal Erosion Hazard Areas subject to regulation
under this law.
COASTLINE - The lands adjacent to the
Town of Southold's coastal waters is the coastline.
COASTAL WATERS - Coastal waters are Long Island Sound and its
connecting water bodies, bays, harbors, shallows, and marshes.
DEBRIS LINE - A linear accumulation of waterborne debris deposited
on a beach by storm induced high water or by wave action.
DUNE - A ridge or hill of loose, windblown, or artificially placed
earth the principal component of which is sand.
EROSION - The loss or displacement of land along the coastline due
to the action of waves, currents, wind-driven water, waterborne ic~.
or other impacts of storms. It also means the loss or displacement
of land due to the action of wind. runoff of surface waters, or
groundwaters, or groundwater seepage.
EROSION HAZARD AREA - An area of the coastline which is a
structural hazard area. or a natural protective feature area.
EROSION PROTECTION STRUCTURE - A structure specifically
designed to reduce or prevent erosion such as a groin, jetty,
revetment, breakwater, or artificial beach nourishment project.
EXISTING STRUCTURE - A structure and appurtenances in existence
or one where construction has commenced or one where construction
has not begun but for which a building permi~ has been issued prior
to the effective date of the chapter.
GRADING - A redistribution of sand or other unconsolidated earth to
effect a change in profile.
140
OCTOBER 8, 1991
MAJOR ADDITION - An aadition to a structure resulting in a 25
percent or greater increase in the ground area coverage of the
structure other than an erosion protection structure or a pier. dock,
or wharf. The increase wii be calculated as the ground area
coverage to be added, including any additions previously constructed
under a Coastal Erosion Management Permit, divided by the ground
area coverage of the "existing structure" as defined in EXISTING
STRUCTURE.
MEAN LOW WATER - The approximate average Iow water level for a
given body of water at a given location, determined by reference to
hydrological information concerning water levels or other appropriate
tests.
MOVEABLE STRUCTURE - A structure designed and constructed to
be readily relocated with minimum disruption of the intended use.
Mobile homes and structures built on skids or piles and not have a
permanent foundation are examples of movable structures.
NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff.
primary dune. secondary dune. or marsh, and their vegetation.
NATURAL PROTECTIVE FEATURE AREA - A land and/or water area
containing natural protective features, the alteration of which might
reduce or destroy the protection afforded other lands against erosion
or high water, or lower the reserve of sand or other natural
materials available to replenish storm losses through natural
processes.
NEARSHORE AREA - Those lands under water beginning at the near
Iow water line and extending waterward in a direction perpendicular
to the shoreline to a point where mean Iow water depth is 15 feet, or
to a horizontal distance of 1,000 feet from the mean Iow water line,
whichever is greater.
NORMAL MAINTENANCE - Periodic replacement or repair of same-kind
structural elements or protective coatings which do not change the
size, design or function of a functioning structure. A functioning
structure is one which is fully performing as originally designed at
the time that normal maintenance is scheduled to begin. Normal
maintenance of a structure does not require a Coastal Erosion
Management Permit.
PERSON - Any individual, public or private corporation, political
subdivision, government agency, public improvement district.
partnership, association, firm. trust, estate, or any other legal
entity whatsoever,
PRIMARY DUNE - The most waterward major dune where there are
two or more parallel dunes within a coastal area, Where there is
only one dune present, it is the primary one. Occasionally one or
more relatively small dune formations exist waterward of the primary
dune. These smaller formations will be considered to be part of the
primary dune for the purposes of this chapter. The waterward limit
of a primary dune is the landward limit of its fronting beach. The
landward limit of the primary dune is 25 feet landward of its
landward toe.
RECEDING EDGE.- The most landward line of active erosion or in
cases where there is no discernible tine of active erosion, it is the
most waterward line of permanent vegetation.
RECESSION RATE - The rate, expressed in feet per year, at which
an eroding shoreline moves landward.
REGULATED ACTIVITY - The construction, modification, restoration
or placement of a structure, or major addition to a structure, or any
action or use of land which materially alters the condition of land,
including grading, excavating, dumping, mining, dredging, filling, or
other disturbance of soil.
141
OCTOBER 8, 1991
RESTORATION - The reconstruction without modification of a
structure, the cost of which equals or exceeds 50 percent of the
estimated full replacement cost of the structure at the time of
restoration. Modifications. however, may be allowed if they do not
exceed preexisting size limits and are intended to mitigate impacts
to natural protective features and other natural resources.
SECONDARY DUNE - The major dune immediately landward of the
primary dune. The waterwara limit of a secondary dune is the
landward limit of its fronting primary dune. The andward limit of a
secondary dune is 25 feet landward of its landward toe.
SIGNIFICANT FISH AND WILDLIFE HABITAT - Those habitats which:
are essential to the survival of a large portion of a particular fish
or wildlife population; support rare or endangered species; are found
at a very Iow frequency within a geographic area; support fish or
wildlife populations having significant commercial or recreational ·
value; or that would be difficult or impossible' to replace.
STRUCTURAL HAZARD AREA - Those shorelands located landward of
natural protective features and having shorelines receding at a long
term average recession ra~e of one foot or more per year. The
inland boundary of a structural hazard area is calculated by starting
at the landward limit of the fronting natural protective feature and
measuring along a line perpendicular to the shoreline a horizontal
distance landward which is 40 times the long-term average annual
recession rate ~""
STRUCTURE - Any object constructed, installed or placed in, on, or
under land or water including, but not limited to: A building,
permanent shed; deck; in-ground and above-qround pool; garage;
mobile home; road: public service distribution-, transmission, or
collection system; tanks; docks; piers; wharf; groins; jetties;
seawalls; bulkheads: breakwaters; revetments; artificial beach
nourishment; or- any addition to or alteration of the same.
UNREGULATED ACTIVITY - Excepted activities.which are not
regulated by this chapter include but are not limited to: elevated
walkways or stairways constructed so,ely for pedestrian use and built
by an individual property owner for the limited purpose of providing
non-commercial access to the beach; docks, piers, wharves, or
structures built on floats, columns, open timber piles, or other
similar openwork supports with a top surface area of less than 200
square feet. or which are removed in the fall of each year; normal
beach grooming or clean-up; maintenance of structures when normal
and customary and/or in compliance with an approved maintenance
program; planting vegetation and sand fencing so as to stabilize or
entrap sand in primary dune and secondary dune areas, in order to
maintain or increase the height and width of dunes; routine
agricultural operations including cultivation or harvesting, and the
implementation of practices recommended in a soil and water
conservation plan as defined in Section 3(12) of the Soil and Water
Conservation Districts Law provided, however, that agricultural
operations and implementation of practices will not be construed to
include any activity that involves the construction or placement of a
structure.
VEGETATION - Plant life capable'of surviving and successfully
reproducing in the area or region and which is compatible with the
environment of the Coastal Erosion Hazard Area.
TOE - The lowest surface point on a slope face of a dune or bluff.
t42 OCTOBER 8, 1991
ARTICLE II
REGULATIONS
Section 6-10 (Areas)
The Coastal Erosion Hazard Area is hereby established to classify
land and water areas within t'he Town of Southold based upon shoreline
recession rates or the location of natural protective features, The
boundaries of the Area are established on the final map prepared by the
New York State Department of Environmental Conservation under Section
34-0104 of the New York State Environmental Conservation Law and
entitled. "Coastal Erosion Hazard Area Map of the Town of Southold".
including all amendments made thereto by the Commissioner of the New
York State Department of Environmental Conservation pursuant to Section
34-0104 of the New York State Environmental Conservation Law.
Section 6-11 (Requirements)
No person may engage 'n any regulated activity-in an Erosion Hazard
Area as depicted on the Coastal Erosion Hazard Areas Map of the Town of
Southold. as amended, without first obtaining a Coastal Erosion
.Management Permit. No Coastal Erosion Management Permit is required for
unregulated activities.
Section 6-12 (General Standards)
A Coastal Erosion Management Permit will be issued only with a
ringling by the Administrator that the proposed regulated activity:
Ao
Is reasonable and necessary, considering reasonable alternatives
to the proposed activity and the extent to which the proposed
activity requires a shoreline location.
Is not likely to cause a measurable increase in erosion at the
proposed site and at other locations.
Prevents. if possible, or minimizes adverse effects on natural
protective features and their functions and protective values.
existing erosion protection structures, and natural resources.
Section 6-13 [Structural Hazard Area Restriction)
The following restrictions apply to regulated activities within
Structural Hazard Areas:
A Coastal Erosion Management Permit is required for the
installation of public service distribution, transmission, or
collection systems for gas. electricity, water, or wastewater.
Systems installed along the shoreline must be located landward
of the shoreline structures.
Be
The construction of non-movable structures or placement of
major non-movable additions to an existing structure is
prohibited.
Permanent foundations may not be attached to movable
structures, and any temporary foundations are to be removed at
the time the structure is moved. Below grade footings will be
allowed if'"satisfactory provis'ions are made for their removal.
No movable structure may be located closer to the landward limit
of a bluff than 25 feet.
No movable structure may be placed or constructed such that
according to accepted engineering practice, its weight places
excessfve groundloading on a bluff.
j_:143
OCTOBER 8, 1991 ~
Fo
Co
Plans for landward relocation of movable structures mus~ be
included with each application for a permit. Movable structures
which have been located within a Structural Hazard Area
pursuant to a Coastal Erosion Management Permit must be
removed before any part of the structure is within 10 feet of
the receding edcje. The last owner of recorcl, as shown on the
latest assessment roll, is responsible for removing that
structure and its foundation, unless a Removal Agreement was
attached to the original Coastal Erosion Management Permit.
With the attachment of a Removal Aqreement to the Coastal
Erosion Management Permit. the lan[Jowner or the signatory is
responsible for the landward relocation of movable structures.
Removal agreements may be made when the last owner of record
and the owner of the structure are different with the approval
of the Town at the time the permit is issued.
Debris from structural damage which may occur as a result of
sudden unanticipated bluff edge failure, dune migration, or wave
or ice action must be removed within sixty (60) days of the
damaging event.
Any grading, excavatic~n, or other soil disturbance conducted
within a Structural Hazard Area must not direct surface water
runoff over a bluff face.
Section 6-14 (Nearshore Area Restriction)
Nearshore areas dissipate a substantial amount of wave energy before
it is expended on beaches, bluffs, or dunes by causing waves to collapse
or break. Nearshore areas also function as reservoirs of sand, gravel.
and other unconsolidated material for beaches. Sandbars. which are
located in nearshore areas, control the orientation of incoming waves and
promote the devei0Pment of ice cap formations which help protect
shorelines during winter storms. The roots of aquatic vegetation in
nearshore areas bind fine grained silts, glays, and organic matter to form
a fairly cohesive bottom that resists erosion.
The following restrictions apply to regulated activities in nearshore
areas:
Ae
Excavating, grading, mining, or dredging which diminishes the
erosion protection afforded by nearshore area is prohibited.
except construction or maintenance of navigation channels.
bypassing sand around natur, al and man-made obstructions and
artificial' b'each nourishment.'~ all of which require a Coastal
Erosion Management Permit,
Clean sand or gravel of an equivalent or slightly larger grain
size is the only material which may be deposited within
nearshore areas. Any deposition will require a Coastal Erosion
Management Permit.
C. All development is prohibited in nearshore areas unless
specifically provided for by this local law.
Section 6-15 (Beach Area Restrictions)
Beaches buffer shorelands from erosion by absorbing wave energy
that otherwise would be expended on the toes of bluffs or dunes.
.Beaches that are high and wide protect shorelands from erosion more
effectively than beaches that are Iow or narrow. Beaches also act as
reservoirs of sand or other unconsolidated material for longshore littoral
transport and offshore sandbar and shoal formation.
The. following restriction apply to regulated activities in beach areas:
A. Excavating, grading, or mining which diminishes the erosion
protection afforded by beaches is prohibited.
144
OCTOBER 8, 1991
Clean sand or gravel of an equivalent or slightly larger grain
size is the only material which may be deposited within beach
areas. Any deposition will require a Coastal Erosion Management
Permit which may be issued only for expansion or stabilization
of beaches.
C4
Active bird nesting and breeding areas must not be disturbed
unless such disturbance's pursuant to a specific wildlife
management activity approved in writing by the Department.
All development is prohibited on beaches unless specifically
provided for by this chapter.
Section 6-16 (Dune Area Restriction)
Dunes prevent overtopping and store sand for coastal processes.
High, vegetated dunes provide a greater degree of protection than Iow,
unvegetated ones. Dunes are of the greatest protective value during
conditions of storm induced high water. Because dunes often protect some
of the most biologically productive areas as well as developed coastal
areas, their protective value is especially great. The key to maintaining
a stable dune system is the establishment and maintenance of beachgrass
or other vegetation on the dunes and assurance of a supply of
nourishment sand to the dunes.
The following restrictions apply to regulated activities in dune
areas:
A. In primary dune areas:
1. Excavating, grading or mining of primary dunes is
prohibited.
Clean sand of a compatible type and size is the only
material which may be deposited. Any deposition requires
a Coastal Erosion Management Permit.
All depositions must be vegetatively stabilized using
species tolerant of the conditions at the site and must be
placed so as to increase the size of, or restore a dune or
dune area.
Active bird nesting and breeding areas must not be
disturbed unless such disturbance is pursuant to a specific
wildlife managemen~ activity approved in writing by tile
Department.
Non-major additions to existing structures are allowed on
primary dunes pursuant to a Coastal Erosion Management
Permit and subject to permit conditions concerning the
location, design, and potential impacts of the structure on
the primary dune.
Stone revetments or other erosion protection structures
compatible with primary dunes will only be allowed at the
waterward tow of primary dunes, and must not interfere
with the exchange of sand between primary dunes and their
fronting beaches.
B. In secondary dune areas:
All depositions must be of clean sand of a compatible type
and size, and all grading must be performed so as to
increase the size of, or restore, a dune or former dune
area.
Excavating, grading, or mining must no[ diminish the
erosion protection afforded by them.
Non-major additions to existing structures are allowed on
secondary dunes pursuant to a Coastal Erosion Management
Permit.
OCTOBER 8, 1991
Co
Do
Permitted construction, reconstruction, restoration, or
modifications must be built on adequately anchored pilings
such that at least 3 feet of open space exists between the
floor joists and the surface of the secondary dune; and the
permitted activity must leave the space below the lowest
horizontal structural members free of obstructions.
All other-'activities and deveiopments in dune areas are
prohibited Unless specifically provided for by this chapter.
The ~estrictions of Section 6-17, Traffic Control, apply to dune
areas.
Section 6-17 (Bluff Area Restric[ion)
Bluffs protect shorelands and coastal development by absorbing the
often destructive energy of open water. Bluffs are a source of
depositional material for beaches and other unconsolidated natural
protective features.
Ao
The
1.
following activities are prohibited on bluffs:
Excavating or mining except when in conjunction with
conditions stated in a Coastal Erosion Management Permit
issued for minor alterations in construction of an erosion
protection structure or for provision of shoreline access.
The restrictions of Section 6-17, Traffic Control, apply to
bluffs.
All development unless specifically allowed by Subdivision
6-8 of this chapter.
4. Disturbance of active bird nesting and breeding areas
unless such disturbance is pursuant to a specific wildlife
management activity approved in writing by the Department.
5. Soil disturbance that directs surface water runoff over a
bluff face.
B. Activities specifically allowed under this Subdivision are:
Minor alteration of a bluff done in accordance with
conditions stated in a Coastal Erosion Management Permit
issued for new construction, modification or restoration of
an erosion protection structure.
e
Bluff cuts done in accordance with conditions stated in a
Coastal .Erosion Management Permit issued for the provision
of shoreline access, where:
Cut is made in a direction perpendicular to the
shoreline.
b. Ramp slope may not exceed 1:6.
c. Side slopes may not exceed 1:3 unless terraced or
otherwise structurally stabilized.
do
Side slopes and other disturbed non-roadway areas
must be stabilized with vegetation or other approved
-"physical means. ~
Completed roadway must be stabilized and drainage
provided for.
New construction, modification or restoration of walkways
or stairways done in accordance with conditions of a
Coastal Erosion Management Permit.
Non-major additions to existing structures may be allowed
on bluffs pursuant to a Coastal Erosion Management Permit.
OCTOBER 8, 1991
Section 6-17 ( Erosion Protection Structure Requirements}
The following requirements apply to the construction, modification,
.or restoration of erosion protection structures:
A. The construction, modification, or restoration of erosion
protection structures must:
Not be likely to cause a measurable increase in erosion at
the development site or at other locations.
Minimize, and if possible, prevent adverse effects upon
natura protective features, existing erosion protection
structures, and natural resources such as significant fish
and wildlife habitats.
All erosion protection structures must be designed and
constructed according to generally accepted engineering
principles which have demonstrated success, or where
sufficient data is not currently available, a likelihood of
success in controlling long-term erosion. The protective
measures must have a reasonable probability of controlling
erosion on the immediate site for at least 30 years,
All materials used in such structures must be durable and
capable of withstanding inundation, wave impacts, weathering,
and other effects of storm conditions for a minimum of 30
years. Individual component materials may have a working life
of less than 30 years only when a maintenance program ensures
that they will be regularly maintained and replaced as necessary
to attain the required 30 years of erosion protection.
A long-term maintenance program must be included with every
permit application of construction, modification, or restoration
of an erosion protection structure. The maintenance program
must include specifications for normal maintenance of degradable
materials. To assure compliance with the proposed maintenance
programs, a bond may be required.
Section 6-18 [Traffic Control)
Motorized and.""non-motorized traffic must comply with the following
restrictions:
Motor vehicles must not travel on vegetation, must operate
waterward of the debris line, and when no debris line exists
must operate waterward of the waterward tow of the primary
dune or bluff.
Motor vehicle traffic is prohibited on primary dunes, except for
officially designated crossing areas, and on bluffs.
Pedestrian passage across primary dunes must utilize elevated
walkways and stairways or other specially designed dune
crossing structures.
ARTICLE 111
EMERGENCY ACTIVITIES
Section 6-21 [Applicability)
The requirements of this chapter do not apply to emergency activities
that are necessary to protect public health, safety, or welfare, including
preventing damage to natural resources. Whenever emergency activities
are undertaken, damage to natural protective features and other natural
resources must be prevented, if possible, or minimized.
OCTOBER 8, 1991
?~,7 '
Section 6-22 INotification to Administrator}
The Administrator must be notified by the person responsible for
taking the emergency measures within 2 working days from the
commencement of an emergency measure and a description of the problem
and activities provided. The description must be in written form, outline
the public health or safety or resource for which protection was sought.
and relate the measures which were taken to secure the protection. '
Section 6-23 (Improper or Insufficient Notification)
If the Administrator determines that regulated activity has been
undertaken without a Coastal Erosion Management Permit, and. does not
meet the emergency activity criteria, then the Administrator will order
the immediate cessation of the activity. In addition, the Administrator
may require:
Ao
Removal of any structure that was constructed or placed without
a Coastal'Erosion Management Permit, and
The return to former conditions of any natural protective
feature that was excavated, mined, or otherwise disturbed
without a Coastal Erosion Management Permit.
ARTICLE IV
VARIANCES AND APPEAL
Section 6-30 [Variances from Standards and Restrictions)
Strict application of the standards and restrictions of this chapter
may cause practical difficulty or unnecessary hardship. When this can be
shown, such standards and restrictions may be varied or modified
provided that the following criteria are met:
A. No reasonable, prudent, alternative site is available.
Bo
All responsible means and measures to mitigate adverse impacts
on natural systems and their functions and values have been
incorporated into the activity's design at the property owner's
expense.
C. The development will be reasonably safe from flood and erosion
damage.
The variance requested is the minimum necessary to overcome
the practical difficulty or hardship which was the basis for the
requested variance.
E. Where public funds are utilized, the public benefits must
clearly outweigh the long-term adverse effects.'
Section 6-31 [Format and Procedure)
Any request for a variance must be in writing and specify the
standard, restriction, or requirement to be varied and ho~v the requested
variance meets the criteria of Section 6-30 of this chapter. The burden
of demonstrating that the requested variance meets those criteria rests
entirely with the applicant.
Section 6-32 [Fees)
Each variance request must be accompanied by the required fee of
$250.00 unless said fees are modified by the Town Board under, separate
resolution.
OCTOBER 8, I991
Section 6-33 (Expiration)
Any constructio~ activity allowed by a variance granted by the
Coastal Erosion Hazard Board of Review must be completed within one I1)
year from the date of approval or approval with modifications or
condition. Variances expire at the end of this one (1) year period
without further hearing or action by the Coastal Erosion Hazard [~oard of
Review.
Section 6-3[t (Coastal Erosion Hazard Board of Review)
The Southold -Town Board is hereby designated as the Coastal Erosion
Hazard Board of Review and has the authority to:
Hear, approve, approve with modification or deny request for
variances or other forms of relief from the requirements of this
chapter.
Hear and decide appeals where it is alleoed there is error in
any order, requirement, decision, or determination made by the
Administrator in the enforcement of this chapter, including any
order requiring an alleged violator to stop, cease and desist.
Section 6-35 (Appeal)
The Coastal Erosion Hazard Board of Review may, in conformity with
.the provisions of this chapter, reverse or affirm, wholly or partly, or
may modify the order, requirement, decision, or determination of the
Administrator, including stop or cease and desist orders. Notice of such
decision will forthwith be given to all parties in interest. The rules
and procedures for filing appeals are as follows:
A. Appeals must be filed with the Town Clerk within 30 days of
the date of the adverse decision.
All appeals made to the Coastal Erosion Hazard Board of Review
must be in writing on standard forms prescribed by' the Board.
The Board will transmit a copy to the Commissioner of the New
York State Department of Environmental Conservation for his
information.
Ce
All appeals must refer to the specific provisions of this
chapter involved, specify the alleoed errors, the interpretation
thereof that is claimed to be correct and the relief which the
appellant claims.
Section 6-36 (Appeal to the Court)
Any person or persons, jointly or severely aggrieved by a decision
by the Coastal Erosion Hazard Board of Review or any officer,
department, Board or Bureau of the Town, may apply to the Supreme
Court for review by a proceeding under. Article 78 of the Civil Practice
Law and Rules.
ARTICLE V
ADMINISTRATION AND ENFORCEMENT
Section 6-40 (Coastal Erosion Management Permits)
A Coastal Erbsion Management Permit will be issued for regulated
activities which comply with the General Standards (6-12), restrictions,
and requirements of the applicable sections of this chapter providing the
following is adhered to:
OCTOBER 8, 1991
149
Co
The application for a Coastal Erosion Management Permit must be
made upon the form provided by the Administrator and must
include the following minimum information:
1. A description of the proposed activity.
A map drawn to a scale no smaller than 1:24,000, showing
the location of the proposed activity.
Any additional information the Administrator may require to
properly evaluate the proposed activity.
Each application for a Coastal Erosion Management Permit must
be accompanied by the required fee or fees as established by
the Town Board under separate resolution.
Permits will be issued by, and bear the name and signature of
the Administrator, and will specify the:
1. Activity or operation for which the permit is issued.
o
Address or location where the activity or operation is to
be conducted.
3. Name and address of permittee.
4. Permit number and date of issuance.
Period of permit validity. If not otherwise specified a
permit will expire 1 year from the date of issuance.
6. The terms and conditions of the approval.
When more than one (1) Coastal Erosion Management Permit is
required for the same property or premises under this .chapter,
a single permit may be issued listing all activities permitted
and any conditions, restrictions or bdnding requirements.
Revocation of a portion or portions of such consolidated permits
will not invalidate the remainder.
A Coastal Erosion Management Permit may be issued with such
terms and conditions as are necessary to ensure compliance With
the policies and provisions of Article 34 of the Environmental
Conservation Law, the Coastal Erosion Management Regulations
implementing Article 34 (6NYCRR Part 505), and the laws and
policies of the Town.
F. When an 'application is made ~or a Coastal Erosion Management
Permit. variance thereto, or other form of approval required by
this chapter, and such activity is subject to other permit.
variance, hearing, or application procedures required by another
federal, state or local regulatory agency pursuant to any
federal, state, or local law or ordinance, the Zoning
Enforcement Officer shall, at the request of the applicant,
consolidate and coordinate the application, permit, variance and
hearing procedures as required by each regulatory agency into a
single, comprehensive hearing and review procedure. However,
nothing contained in this section shall be deemed to limit or
restrict any regulatory agencies, which are properly a party to
such a consolidated review proceeding, from the independent
exercise of such discretionary authority with respect to the
issuance, denial or modification of such permits, variances or
other forms of approval as they may have been granted by law.
G. In the event the Board determines that.an engineer's report is
necessary to assist it in .its determination then the Board shall
secure and engineer to evaluate the impact of the application
upon the rate of Coastal Erosion. The fee necessarily attending
to such engineer's services shall be born by the applicant and
shall not exceed two thousand five hundred dollars 152,500.00).
150,.
OCTOBER 8, 1991
Section 6-42 [Bonds)
The Town may require a bond or other form of financial security.
Such bond or security must be in an amount, with such surety and
conditions as are satisfactory to the Town so as to ensure compliance with
the terms and conditions stated in the Coastal Erosion Management Permit.
Section 6-43 JAdministrator)
The authority for administering and enforcing this chapter is hereby
conferred upon the Administrator. The Administrator has the powers and
duties to:
Ao
Apply the regulations, restrictions, and standards or other
provisions of this chapter.
Explain to applicants the map which designates the land and
water areas subject to regulation and advise applicants of the
standards, rtestrictions and requirements of this chapter.
Review and take appropriate actions on completed applications.
Issue and sign all approved permits.
Transmit written notice of violations to property owners or to
other responsible persons.
Prepare and submit reports.
Perform compliance inspections.
Serve as the primary liaison with the New York State Department
of Environmental Conservation.
Keep official records of all permits, inspections, inspection
reports, recommendations, actions of the Coastal Erosion Hazard
Board of Review, and any other reports or communications
relative to this chapter or request for information from the
New York State Department of Environmental Conservation.
Perform normal and customary administrative functions required
by the Town. relative to the Coastal Erosion Hazard Areas Act.
Article 34 of the New York State Environmental Conservation
Law. 6 NYCRR Part 505, and this chapter.
Have, in addition, powers and duties as are established in, or
reasonably implied from this chapter as are necessary to
achieve its stated purpose,
Section 6-44 (Interpretation)
The provisions, regulations, procedures, and standards of
this
chapter will be held to be the minimum requirements necessary to carry
out the purposes of this chapter.
Section 6-45 (Conflicts)
The provisions of this chapter will take precedence over any other
laws, ordinances, or codes in effect in the Town to the extent that the
provisions of this chapter are more stringent than such other laws,
ordinances, or codes. A Coastal Erosion Management Permit issued
pursuant to this chapter does not relieve the permit applicant from the
responsibility:of obtaining other permits or approvals as may be necessary
nor does it convey any right or interest in real property.
Section 6-46 (Severability)
The provisions of this chapter are severable. If any clause.
sentence, paragraph, subdivision, section or part is adjudged invalid by a
court of competent jurisdiction, the effect of such order or judgment does
not affect or invalidate any other provisions' of this chapter or their
application to other p~rsons and circumstances.
OCTOBER 8, 1991 151
Section 6-47 (Environmental Review)
All regulated activities are subject to the review procedures
required by the New York State Environmental Quality Review Act
(SEQR). Article 8 of the New York State Environmental Conservation
Law. The applicant may be required to submit information necessary for
compliance with SEQR in addition to information required under this
chapter. - .-..
Section 6-~3 (Violations and Penalties)
A violation of this chapter is hereby declared to be an offense
punishable by a fine not exceedin9 five thousand dollars ($5,000.00) or
imprisonment for a period not to exceed 6 months or both. Each day's
continued violation of this chapter will constitute a separate additional
violation. Nothing herein will prevent the proper local authorities of
the Town from takin9 such other lawful actions or proceedings as may be
necessary to restrajn, correct, or abate any violation of this chapter.
ARTICLE VI
AMENDMENT
Section 6-50 [procedure)
The Town Board may. on its motion or on petition, or
recommendation from the Trustees. amend, supplement or repeal
provisions, regulations, procedures or standards of this chapter.
When an amendment is duly proposed, the Town Board must:
Ao
Notify the Commissioner of the New York State Department of
Environmental Conservation in writing of all proposett
amendments and request his advice as to whether such
amendment is subject to his approval, and if so, whether such
amendment conforms to the minimum standards of a certified
program.
Ct
on
the
Issue public notice and conduct a hearing on all proposed
amendments. The Town Board, by resolution, must cause notice
of such hearing's time, date, and place to be published in the
official newspaper not less than 10 days prior to the date of
the hearing.
Refer to the proposed amendment at least 30 d~ys prior to the
public hearing, in writing to:
The Trustees, unless initiated thereby, 'for its review of
the amenament and its report to tLhe Town Board of
recommendations thereon, including a full statement of
reasons for such recommendations.
2. The County Trustees for its review and recommendations
pursuant to Article 12-B, Section 239 of the New York
State General Municipal Law.
Section 6-51 [Commissioner Approval)
After enactment the amendment must be sent to the Commissioner of
Environmental Conse~'vation for Certification.
II. This Local Law shall take effect upon its filing with the Secretary
of State.
33.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris
This resolution was declared duly ADOPTED. '
152 OCTOBER 8, 1991
SUPERVISOR HARRIS: We're hoping this Local Law will give the Home Rule, that
Southold Town needs to make sure that it enhances, and is construed that the
Coastal Erosion Areas will conform to our zoning, and our needs, and not to a
generic form, which came out from New York State.
COUNCILWOMAN LATSON: I think an important point though, that has to be men-
tioned in all of this, is that a lot of these resources are very fragile, and that
there is an essence of stewardship involved. Stewardship of the bodies, that sit
both as a Trustee, and the Town Board, and not only are we entrusted to carry
out the laws of the State of New York, as well as our own local laws, but we are
also entrusted with a degree, and a responsibility of stewardship towards the land
for future generations, so states that have made in the past erroneously, that have
cost the public, taxpayers, money, either reconstruct homes that should not have
been placed there in the past, or to protect erosion prone areas, or fragile dunes,
and wetlands are also part of our responsibility.
SUPERVISOR HARRIS: Thank you, Ellen. Is there any member of the audience,
that would address this Board on any matter?
EDWARD SIEGMANN: I'd like to ask the Board a few questions in reference to
that 1.75, that's going to be on the ballot. Ed $iegmann from Mattituck. Number
one, does the Town Board have any idea of how many acres that they're talking
about, that have to be preserved for preserving our water, where the development
rights have to be bought?
COUNCILWOMAN OLIVA: It's farmland, Ed, not for watershed. This is strictly
to buy development rights.
EDWARD SIEGMANN: Does anybody have any idea, how many acres they're talking
about?
COUNCILWOMAN LATSON: Approximately three hundred.
SUPERVISOR HARRIS: I would say, based on the last bond, and the price that
existed them, it would be approximately 250, maybe 3.00 acres, hopefully we could
request.
EDWARD $1EGMANN: Is this going to be an ongoing thing, that two years from
now, after three hundred acres are bought, that the Town is going to be asked
to put up another bond for another three hundred acres, or when you say three
hundred acres, are you going to stop someplace?
COUNCILWOMAN LATSON: Ed, between one, two, and three of the County Farmland
Preservation, what the Town has proposed both with our first bond act, and the
second act, it would be the hope that we can preserve the total of about twenty-five
hundred acres, which is less than 1% of the town, total acreage of the town, in
total farmland preservation, but through clustering, and if the town can formulate
a TDR in the future, we have a good chance of preserving about 40 to 50% of the
remaining open space in the town.
EDWARD SIEGMANN: Well, what concerns me is this preserving, is this going
to mean that every couple of years the public is asked to pay for something like
this. You say 2,500 acres. Twenty-five hundred acres is a big difference from
300 acres.
COUNCILWOMAN LATSON: The total between phase 1, 2 and 3.
EDWARD $1EGMANN: How much is it so far?
SUPERVISOR HARRIS:
and the Town.
I would say it's close to 2,000 acres, between the County
COUNCILWOMAN OLIVA: That's with the County and the Town, though, Ed. You
know the County has been more amitable to purchase properties here, or take the
development rights, because the Town has put there money up front, and don't
forget this bond on preservation, the first one was passed in 1983, so this is not
just every two years.
EDWARD SIEGMANN' In 1983 when that was passed, Ruth, you had a different
situation of the people in the town when they could afford to do certain things.
It's what concerns me is that if people are going to have keep spending money
like this, and moving out of here when they spend this money, they're not getting
much satisfaction out of the fact that they're being taxed for these. The part
of it that disturbs me is the following. First of all, how much do you figure that
you pay an acre, when you buy property, or when you buy the right for property
like this?
OCTOBER 8, 1991 153,
SUPERVISOR HARRIS: It depends on the appraisals, and the economic times, Ed.
I don't know that you can come up with a set number. Every farm is different.
EDWARD SIEGMANN: Well, is there a ball park figure?
SUPERVISOR HARRIS: I would say $4,000. to $7,000, somewhere in there.
EDWARD SIEGMANN: Four to six thousand, how is it that you're offering $30,000
an acre for the Baxter property?
SUPERVISOR HARRIS: I'm not famila~ with what you're saying. This is development
rights~
EDWARD SIEGMANN: If the Town pays a million dollars towards the Baxter property,
and if the County pays two million dollars, we're talking about three million dollars
for 104 acres of property, aren't you?
SUPERVISOR HARRIS: The Baxter property, Ed, was total purchase, an outright
purchase, except for the one million dollars, which was development rights that
they were going to purchase on the forty acre farm. The sixty some acres, that
was left of woods, and wetlands, that went with that, that was an outright purchase.
That was not iust buying development rights. That's the difference.
EDWARD SIEGMANN: Well, wouldn't it be a concern that you ought to take a look
at it, and see if it's worth spending that million dollars for the Baxter property,
instead of doing that apply that million dollars~.
SUPERVISOR HARRIS: The problem there, Ed, is that 1987, when the Open Space
Bond was passed, the referendum wording is that it has be used for open passive
space. It can't just be used for any area to purchase it. It was specific requirement
that went along with that referendum, and that referendum is that for instance,
when we purchase a piece of property up at Marratooka, it's in passive state. It
never changes as use for the public, but you can't have any structures, or things
like this put on it. It's specific in the referendum itself.
EDWARD SIEGMANN: I understand that, but referendums can be..you can revote
on some things, too. If you took a bond to the public today saying that you would
like to take that million dollars, that was voted for at that time, and apply it to
this situation, instead of applying it to that, if the public was to vote yes to do
that, I'm sure you'd be allowed to it.
SUPERVISOR HARRIS: Yes, that's right.
EDWARD SIEGMANN: So, I'm asking you to consider these things. A lot of people
in town, including our leaders talking about Robins Island, Robins Island, Robins
Island. My personal opinion is, and many other people feel that way, riot only
me, that the nine million dollars that would be spent for Robins Island could be
spent a hell of a lot better use, because the only one that would be able to use
Robins Island is somebody that has a boat, number one. Number two, if you were
to turn it lose to the public you not going to have an island out there anymore
the way you have now. In our parklands, and you can see in the small beaches,
and that stuff that we have around here, you see young people running around
with dirt bikes, and everything else, and it's not going to be pristine island anymore
once it's turned lose to the public, and I don't who would benefit by Robins Island
being part of something for the public, because the only thing you would have
a hundred years from now somebody can hang up a sign, and say hey, we got
Robins Island. My concern is that I don't think enough is being done by the
leadership to direct the money in the area where it's needed the most, and save
the money for the people that are paying these tax bills on this stuff. Let me
give you an example of what I'm talking about on the buying the development rights
from a farmer. You but the development rights from a farmer, and whatever is
concluded that that property is worth, he'd given 60% of that, I understand. If
you came to the conclusion, that his property was worth $500,000., I'm told that
he would get 60% of that.
TOWN ATTORNEY ARNOFF: Sometimes it's up to two-thirds. I've seen two-thirds.
There's an appraisal that's done, where it's actually the appraiser himself will come
in with a evaluation on the development rights, and on the residual farming rights,
and the relationship is generally two-thirds, one-third, or the sixty percent.
COUNCILMAN PENNY: It's half and half now.
TOWN ATTORNEY ARNOFF: Is it down to half and half? Okay.
154 OCTOBER 8, 1991
EDWARD SIEGMANN: Well, you would know.
didn't you?
COUNCILMAN WICKHAM:- - I do know.
You had property put into that,
EDWARD SIEGMANN: You would know what the value was then of the property
that they said your acre was worth, wouldn't you?
COUNCILMAN WICKHAM: As the Town Attorney said an appraiser comes in, and
appraises the property at it's full development potential. Then they appraise it
again for it's agricultural potential. It's the difference between those two, that
is normally the value of the development rights, that is under negotiation, but
the higher figure for the full development value does not include potential, for
example, for waterfront, or anything like that. That's disregarded. It's just t-he
development potential as a normal lot here in the town, less the agricultural potential,
and it frequently turns out to be about in the range of 40 to 60% of the total value.
EDWARD SIEGMANN: I find it hard to
what a farmer could get for developing
selling his developing rights, I find it
to somewhere around $4,000 or $6,000.
believe that if you got somewhere between
his property, and what he would get for
hard to believe that that figure would come
COUNCILMAN WICKHAM: That's left with
appraisal ways of doing this, and I don't
EDWARD SIEGMANN: But you would be
up there, because you went through it.
came to, that your property was worth.
appraisers. They have professional
really want to comment on those techniques.
able to comment best of all the people
You would know what conclusion they
COUNCILMAN WICKHAM: Yes, and the appraisals have been done, and were the
farmer feels that they're fair, where the County, or the Town feels that they're
fair, is possible to do a deal.
EDWARD SIEGMANN: Well, does that come out to $4,000 or $6,000?
COUNCILMAN WICKHAM: It sometimes does, and sometime more than that. There
was a property in Cutchogue recently, where the development rights were, the
County offered to buy them for $6,000 an acre. There have been others that are
over $10,000 an acre.
TOWN ATTORNEY ARNOFF: $12,000. $12,500.
EDWARD SIEGMANN: The figure that I got from Suffolk County was somewhere
in the neighborhood of .$14,000.
TOWN ATTORNEY ARNOFF: I attended aclosing recently at $12,000, $12,500.
EDWARD SIEGMANN: I also understand that when that farmer gets that money,
and he gets 60% is what Suffolk County told me is the average of what they do,
and the reason I had to go to the County for the information was that I couldn't
get it from here. I was told you hadn't bought any in so long, that you really
wouldn't know what the going rate was, so I turned to the County to get the
figures, and the County gave me a figure of $16,000...$14,000 to $16,000, and
they gave me a figure of 60%, that the farmer would get. Well, when I add that
up, it says to me that in less than four years time, that farmer has 100%, because
the money that he gets, I'd only think to say, he would come to figure that they
said what it was worth, and if that's true he also can get as high as a 90% tax
abatement on that land, depending on what he uses it for. Now, I would think
that there should be some kind of means test on giving a 90% abatement to anybody.
You use a means test on a senior citizen, and say that he has to have less than
$14,000 or $15,000 in order to get a tax abatement. You can have a farmer, that's
got an income of $100,000. a year, and he gets a 90% tax abatement. It just
doesn't make sense to me, because what you're doing, you're passing expenses on
people who can afford to pay, you're passing on to people that can not afford to
pay, and you know I mentioned senior citizens, and maybe I make a mistake some-
time saying senior citizens, because the young people are in just a bad a shape
today as the senior citizen is. In fact, a lot of times he's got it harder than the
senior citizen, because the senior citizen got his house paid off, and the young
person doesn't. He's still paying a mortgage (tape off) my feeling is that some
day out East, you're going to have central sewer, and you're going to have the
central water system, and you shake no, Ruth, you go down to Riverhead, which
is pretty close to here, and you've got the people that have these things, and
it doesn't take far to travel to get to other areas to have it, so you may have an
OCTOBER 8, 1991 155
all together different look on what your needs are, if you had a situation like that,
than if you didn't have that sort of a situation. This is the thing that bothers
me is even on other things you send out mixed signals. You go through a Home
O:cupation Law, that I sat here and listened to the people up there say, that we're
doing this to help the young person, the young contractor, or the young guy that's
working at different thinc3s, that he can afford to stay here. Then you tell the
same guy out of the other side of your mouth, that, hey, we're going to hold con-
struction down as hard as we can, so he hits a home run with one thing, and he
gets a strikeout with the other. These are the mixed signals that I feel are coming
out, and also, in reference to where the money is spent, where it's not spent,
where it doesn't cost the people as much to pay them the taxes.
SUPERVISOR HARRIS: Ed, before you sit down, I'd like to just reference one
t~hing, that when these referendums are placed on the ballot, they are there for
just that reason. The people make the decision. This Board does not make that
decision, and when the people of this town, by a majority vote, vote for in favor
of a referendum, that is their choosing, and they know full well what they vote
for, what they're trying to preserve. The open space in this town, the farmland
in this town, is the rural heritage of this township, not to mention the rural
quality of life, and if anyone ever tells you that open space costs you more in
taxes than development, they're wrong. Open space is the cheapest way to go.
EDWARD SIEGMANN: I'm not sayin it does. But I'm saying is if you have ten
million dollars to spend, spend it where it does the most good, and cost the least
to the people, that have to pay for it. This is what concerns me, because I don't
think it's being done, and you know referendums as well as I do. People that
go into a booth to vote, how many come down to listen to what the background
really is? I bet if you walked up to at least 50% of the people in this town, and
told them that farmer could be making $200,000 a year on a setup like where he
invests his money, that he gets for property that he can preserve it, or you shake
you head. A $100,000 a year, does that make somebody feel better? If you were
to ask them if they know that that farmer gets a 90% abatement on his taxes, I
don't think too many people would answer you yes.
SUPERVISOR HARRIS: Thank you for your time. Is there any other members
of the audience, that would like to address this Board in any matter? (No response.)
Are there any members of the Board, that would like to speak? Ruth?
COUNCILWOMAN OLIVA: I would just like to congratulate the people that organized
the First Annual Maritime Festival in Greenport. I thought it was a great event.
A lot of the things were a lot of fun. They drew people out. I'm sure there is
ways to improve it to make it even better, but this is one way to bring the people
out, to have these different festivals, to get the townspeople working together,
to put these things on, because this is what brings in the money, our maritime
heritage, our agricultural heritage, and this is what people come out to see. So,
if we don't preserve that, our taxes are even going to go up more. Thank you.
SUPERVISOR HARRIS: Thank you, Ruth. Tom?
COUNCILMAN WICKHAM: I'd like to make a brief comment, and it follows along
the lines of farmland preservation that Mr. Siegmann phrased. This morning at,
I believe, it was 11:00 o'clock, the Suffolk County Department of Real Estate held,
what they call, a celebation of the Farmland Preservation Program at a farm in
Cutchogue. The purpose of the celebration was basically to say that they had
reached the target of 5,000 acres in the County of Suffolk through the first, I
think it's the four phases now, of that County program. It's a milestone, there
were a number of people there, including the Commissioner of Agriculture of the
State of New York, and the County Executive, and a number of Legislators, and
some local people. They went on to explain the benefits of it, and we've heard
a little bit about it tonight, and I'd like to refer to some of it, also, but I had
the opportunity to make a short statement, and I'd like to summarize it with us
this afternoon. The opportunity I took was to outline the reasons why the Town
Board put a 1.75 million dollar bond proposal before the people of this town. The
Board acted unanimously, and in the belief that it is in the interest of the town.
There are some costs to it, and those are significant costs, that do have to be
understood. I think we all have to recognize that, so I'll just summarize briefly
the statement that I made at that time. I started out by saying, it's unusual to
find bipartisanship and unanimous votes on important matters just before an
election, but that's what we did find this year when the Southold Town Board, at
the initiative of our Supervisor Scott Harris, when we unanimously voted to put
before the voters the second phase of the Town's Farmland Preservation Program.
The first phase was modeled closely after Suffolk County's highly successful program.
The County and Town programs combined have succeeded in protecting about 10%
156 OCTOBER 8, 1991
of the farmland in this town. Farmers who sell their development rights retain
the title to their land and continue to farm it. The sale of development rights
to their property is a fair and equitable way to keep Southold rural and green,
and I would say it's fair and equitable because the farmers are giving up some-
thing. They're selling something. They're getting something in return. There's
a transaction there, and the expectations in the United State is when you give
up something there is just compensation on the other side. This is not confiscation.
It is not confiscatory in the sense of upzoning to five or ten acres, which we've
all been hearing about. Neither is it a give-away by the Town. There is an
exchange of value there, that the courts and political people accross the spectrum
have judged is fair, and equitable. The first phase of Southold Town's pro, ram
has ended, because the monies approved by the voters for that purpose in a proposi-
tion eight years ago have been spent. That proposition eight years ago was over-
whelmingly voted by the people of this town. I think Mr. Siegmann's correct
in pointing out that there is question, whether in these hard times, these difficult
fiscal times, the people are prepared to pay that again. There are questions, that
we all have about that, but the Board felt that it's appropriate to go to the people,
and ask them at this time, whether they are prepared to vote, again, for it. Preser-
vation efforts have almost ended at this time, ironically just when they are most
needed. In recent years, many farms have been slated for development. Almost
half of the Town's farmland is now held, not by farmers, but by other people,
and we may expect those farmlands to grow houses in the coming years, when
economic times improve. A Town-financed program means that farmers can afford
to invest in agriculture here, as they have in the past. It means that decisions
on which farms to take up under the program will be taken on a purely voluntary
basis. Farmers won't be forced to do it. Only those farmers offering parts of
their properties will be considered, and the ultimate decisions will be made by the
Town Board upon the recommendation of a local committee of appointed officials,
and it provides the means of maintaining the broad agricultural fields and open
space so critical to the Town's pure water supply, our tourism and our rural quali-
ties. How much will it cost? The proposed $1.75 million bond would add between
$6 and $15 to the average homeowner's tax bill for twenty years, probably the
lower figure, because not all of that money will be spent right up front. It will
not result in substantially less tax revenues because most of the farmland is already
in agricultural districts, and is thus already taxed at it's agricultural value. The
Town can actually save money by buying development rights, because open farmland
pays in taxes more than it receives in services, housing units do not. Studies in
other parts of the country have shown, that towns that actually buy the development
rights over a period of years have saved all of that money, and more, because
of the economy in the services provided for those areas. This proposition is a
win-win situation. Both of the major parties support it. Vote for the Southold
Town Farmland Preservation Bond Issue on Election Day to keep Southold the kind
of Town you have always known and want to live in. I would conclude by saying,
that there are people who are concerned, that voting for a bond issue of this kind
may drive people out of the town. My belief is, that having a preservation effort
of this kind will attract, and retain people in this town. Thank you.
SUPERVISOR HARRIS: Thank you, Tom. Judge Edwards?
JUSTICE EDWARDS: Last week on Wednesday, I drove up to Maine with some
equipment for the Fire Department. I had a couple of fireman w th me, and they
received the new ambulance boat, up there built by Duffy & Duffy, a forty-~wo
foot vessel, twin screw, twin catapillar deisels, and the price on that boat, the
vessel was approximately $300,000., which was paid for by contributions, of the
people of Fishers Island. The boat was brought back down from Brooklyn, Maine,
through Fishers Island. it's now down the island. They will have their celebration,
and christening, I believe, this coming weekend° It was a beautiful trip up there.
The leaves were just right. Secondly, our transfer station is well underway on
Fishers Island. The concrete has been poured. The building is there. They're
starting to put the roadways in, and I would imagine that before October is over,
the transfer station will be ready to receive garbage, and take it to the n~ainland,
probably around the end of December, but the first of the year we will be trucking
our garbage off of Fishers Island, to the tranfer station, to Connecticut, and the
contractor, that doing the work has done an excellent job. He's done work on
the Island before. It's an off island contractor, but he was Iow bidder, and we're
working now with the Naval Underwater System Center on Fishers Island, has a
project where they wound up with, I'd say, a couple thousand yards of top soil,
and fill left over, and we're making arrangements to acquire this fill to recap our
present landfill over there. So, Fishers Island is going right to town with their
municipal solid waste. Thank you.
OCTOBER 8, 1991 ?57
SUPERVISOR HARRIS: Thank you. Yes?
EDWARD SIEGMANN: I'd like to answer one thing that Tom said. I don't want
him to be under the impression, that I'm saying, don't buy any farmland, or don't
buy any development rights from any farmers. I'm not saying that. I'm saying
use the money where it does the most good, and one thing that sticks in my craw
is the $145,000, that was paid for the piece of property on Marratooka Lake. It's
a worthless piece of property, and I'll make the same proposal, that I made to you
the last time I said this here, anybody wants to go down there with me, and show
me where a house could have been built on that piece of property, I'm willing to
go with them at any time, because my answer was, when I asked about $145,000.
I was told because a house could be built on it there, a houseboat, yes, not a
house, and this is what bothers me, when money gets spent like that, and also,
the amount of money that was spent for the lot out in the back here, that supposed
to become a parking lot someday. That's another thing I say, that you should
take a look at where the money is spent, not spend it in the fashion that is does
get spent at some time.
SUPERVISOR HARRIS: Ed, I ~on't stand up here and refute the statements that
you make. This Board acted unilaterally, and unanimously, in all these decisions.
Bonafide appraisals were done, and this Board acted responsibly, and continues
to do so. The fact that this Town preserves it's open space, and areas that we
consider to be pristine, and of a sensitive nature, that is our determination. We
have been provided with that through the electoral process, and we have done
a great deal with this town in the last few years, and we're proud of the accomplish~
ments that have taken place. We wish we could have bouqht more property In
that time frame with some open space money, but not too ~nany parcels were con-
sidered to be of the nature, and the sensitivity, that that parcel was around
Marratooka Lake. We will see in the future many residents will be utilizing that
piece of property for many activities, when it comes to access to that lake when
it comes to ice skating, and such. Many people right now carry canoes down the
road, and actually place it across that property, and use it to go in the lake.
That was the only access that there was to Marratooka Lake, and I think this Board
acted responsible, and continues to be proud of that purchase, and others, that
it has done in the past.
EDWARD SIEGMANN: And people took...
SUPERVISOR HARRIS: Mr. Siegmann, I'm not here to dispute you. I'm just
making a reference, that the Board acts unilaterally, and bipartisan in all these
decisions, and we sitting up here, we are not making any excuses for our purchases.
We are proud of what we've accomplished.
EDWARD SIEGMANN: I'm not being partisan about it, but when I look and see
that people took part of the fence down there, parked a truck, and a car in there,
you people had to go down, replace the fence, and put signs up there, that no
parking allowed. Now what kind of a piece of property is that?
SUPERVISOR HARRIS: Absolutely. We did that to protect the property, and there's
no way that this Town, or anybody else could just stop people from publicly destroying
property. That happens in every township. You know it as well as I do.
COUNCILMAN WICKHAM: I'd just like to comment, that there are basically two
ways, that the Town can try to keep properties open here in town. One is the
Open Space Program, where it buys the whole properties, as the one you mentioned.
Others the Farmland Preservation, which leaves the management in the farmer's
hands. The reason, that we put on a bond for Farmland' Preservation, this time,
is to avoid. . partly to avoid the question of whose going to manage these properties?
The farmer will maintain them, and manage them, and I think that the Farmland
Preservation Program, for that reason, is really one that is in all of our interests.
SUPERVISOR HARRIS: Thank you, Tom. Are there any other members of the
Board? I'd like to make a couple of comments in reference to our Work Session
today. I'm pleased to announce that today during our Work Session we had pre-
sented to us a Draft Groundwater Study from underneath our Landfill, that has
been going on for quite a number of months. As a matter of fact, we applied for
OCTOBER 8, 1991
this permit from the DEC in May of 1990, and it wasn't until March of '91, that
we finally received the go ahead with the permit text. We have received the draft
report, and I'm pleased to announce that the engineering firm, together with the
test labs, are going to ask for a delisting of our Landfill When it comes to any
pollution that exists underneath our Landfill, we are not polluting the groundwater.
There was non-determined from all the wells, except for, maybe, one or two out
of the fourteen wells. I think that is extremely good news. It certainly stands
up, and backs up, the Health Department report of Suffolk County, the EPA Report,-
that was done back in December of 1990, and other landfills, that had hydro studies
done in the East End of Suffolk County. There's no doubt in my mind, when the
208 Study was finished, and as Lee Koppelman has said many times, the East End
towns should continue landfilling. Those rural towns on the East End, they obviously
had groundwater in mind at that time, when they made that determination. This
confirms what we have been saying all along. It certainly is nice to know we don't
have to remediate that site, and it certainly will help us now to move on to the
next phase on our Solid Waste Management Plan, which was adopted in May of this
year, which is addressing that 25% of the solid waste. Now that this is by the
wayside, and we're eventually going to get our final report, we hope that the DEC
will continue to work closely with us, as they have with the monitoring of this
groundwater under the landfill, and that we can proceed, and resolve some of the
upcoming problems, that we may have dealing with the cost, that are involved with
the 25% of volume, that deals with the waste of this township. But, I think that's
good news, and it certainly, probably, was unexpected by some people in this town,
because they certainly had known what was going on under the landfill. There
is no doubt in my mind, that this just confirms what we have said in our litigation
with the DEC, that scientifically the law is flawed. We're going to continue on
that basis to prove to the DEC, and the Legislators, that they have erred in their
ways, and we're going to, obviously, still push for amendments to that Landfill
legislation, which took place in '83.
COUNCILMAN PENNY: I'd like to recognize Johanna Northham, and maybe Johanna
would like to comment on this, because she has been an advocate throughout the
years that she's been on the Task Force, and the time on the Task Force, one
of the strongest advocates of the fact that we have provided absolutely no contami-
nation, and maybe, Johanna would like to take a moment of this time, and share
with us her feelings.
JOHANNA NORTHAM: Yes, it's very good news, but we still have a long w~y
to go. The DEC abstains the landfill, in such a town that's monitoring wells, and
came up clean. The people who work in the Landfill, drink the water, and drill
the well right near the Lanc~ill, but they have been told they're to close that
Landfill. So, yes, it is good news, but hopefully the DEC will start listening.
SUPERVISOR HARRIS: Is there any other member of the Board, who would like-
to make a statement? (No response.) We'll entertain a motion to adjourn.
Moved by Councilwoman Oliva, seconded by Councilman Wickham, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 5:10 P.M.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
--Judith T. Terry ~
Southold Town Clerk