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HomeMy WebLinkAboutTB-04/11/1989SOUTHOLD TOWN BOARD 283 APRIL 11, 19,89 WORK SESSION Present: Supervisor Francis J. Murphy, Justice Raymond W. Edwards, Councilwoman Jean W. Cochran, Councilman George L. Penny IV, Councilwoman Ruth D. Oliva, Councilwoman Ellen M. Larsen, Town Attorney James A. Schondebare, Town Clerk Judith T. Terry. 9:05 A.M. - Councilman Penny reported on his meeting with Brookhaven officials concerning recycling, composting, resource recovery plant. 9:30 A.M. - For Discussion Items: {1) Griswold-Terry-Glover American Legion petition for~a change of zone - will be discussed at 11:00 A.M. with the Legion's .attorney Rudolph Bruer. (2) Town Attorney Schondebare reviewed Holzmacher, McLendon & :Murrell, P.C. billing with respect to the propose~l Socit-hold Town', ., Solid. Waste/Sludge Composting FacilitY. He will need to discuss this :further with H2M for a more specific breakdown. The Board agreed to accept H2M,s pr0posal, for negotiation engineering services (see resolution no. 44). 9:40 A.M. - Joanna Gajek, Executive Director, Eastern' Suffolk School of Music, Stanford Searle, an associate, and Ellen Grechniw, representing Suffolk County Legislator Gregory Blass, met with the Board to appeal for a contribution of $5,000 for this 'unique non-profit school of, performing arts, who provide compre- hensive, quality ,music education as well as dance and drama instruction to area residents, regardless of age, bacground or ability to pay. They are:funded in' part by the Suffolk County Office of Cultural Affairs, the New York State Council on the Arts and the Towns of River. head and Southampton,' and their students range from ages' 3'-~ years to 86 years of age. The Board will consider the request. 10:05 A.M. -~ The Board continued For Discussion Items: (3) Petitoin of Richard Carr and Joseph~Wanat for a-change of zone (see resolution no. 30). (4) Amendment of resolution no. 26 of March 28, 1989. to increase the proposed salary of summer internist Scott Dobriner to $I0.00 per hour {see resolution no. 31). (5) Receipt of the D.B.M. Co. Final Environmental Impact Statement with respect to their change of zone petition (see resolution no. 32 accept same). (6) Discussed disbursement of Library funds. Concluded an equal distribution of $12,500 'to Cutchegue, Greenport, Mattituck, and Southold, and $5,000 to Fishers Island. (7) Letter from Reynold F. 131urn concerning the change to his property as a result of the new zoning amendments. Referred to the Code Committee.(9)'Request from the Board of. Appeals. for creation of a new position (see resolution no. 41). 10:40 A.M. - Town Board held a hea~ing with respect to a violation of Chapter 90 of the Code of the Town of South'old, Unsafe Buildings, by Julia Sepenoski. 11:00 A.M. - Rudolph Bruer, Attorney for t'he Griswold-Terr¥-Glover American Legion, along with his associate Diana Foster, and Legion members Richard Diehl.and Russell Mann, met with the Board to discuss the Legion's petition for a change of zone. Under the new zoning amendments the Legion is now in the R-O zone. They were previously in Residential and petitioned the Board for a change to Business. The Board decided a fraternal organization should be permitted in the R-O zone, therefore would amend the Zoning Code to same and redefine "fraternal organization" Mr. Bruer will submit · suggestions for the definition. 11;15 A.M. - On motion of Councilwoman Cochran, secc~nded by Supervisor Murphy, it was Resolved that the Town Board enter into Executive Session to discuss negotiations with respect to the Town's proposed Self Insurance Program. Vote of the Board: Ayes; Councilwoman Larsen, Councilwoman Oliva~ Councilman Penny, Councilwoman Coehran, ,Justice Edwards, Supervisor Murphy. 11:35 A.M. - On motion of Councilwoman Cochran, seconded by Councilwoman Oliva, it was Resolved that the Town Board enter into Executive Session to discuss with Special Counsel Richard Cron, the certiori proceeding with respect to the Oyster Point Condominiums at the foot of Fifth Street, Greenport. Vote of the Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Super- visor Murphy. 11:50 A.M. - On motion of Supervisor Murphy, seconded by Councilwoman Oliva, it was Resolved that the Town Board enter into Executive Session to discuss personnel. Vote of the Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Cour~;ilman Penny, Councilwoman Cochran, Justice Edwards, 'Supervisor Murphy. 284 APRIL 11, 1989 12:30 P.M. - Recess for lunch. 2:00 P.M. - The Work Session reconvened and the Board audited outstanding bills. 2:30 P.M. - For Discussion Items {continued): (9) Set date to interview applications for two vacant Farmland Committee positions - Supervisor will schedule for later part of the week of April 17th. (10) Recycling Workshop at Cornell University ~on May 31, June 1, 2, ,1989 {see resolution no. 42). {11) Proposed position of Town Engineer. Will study:further. {12) Briefing paper outling concept of recycling cooperative per I slip Supervisor Frank Jones was reviewed. 2:35 P.M. - Principal Buildinc. i Inspector Victor Lessard met with the Board to review~-- the proposed specifications for a modular ,building to be located at the Town Hall site to house the Justice Court personnel. Mr. Lessard will have detailed specifications and plans prepared. 3:40 P.M. - Off Agenda items and action on the m~nutes. 4:20 P.M. Board reviewed proposed resolutions for the 7:30 P.M. 5:15 P.M. - Work Session adjourned. Regular Meeting. REGULAR MEETING 7:30 P.M. A Regular Meeting of the Southold'Town Board was held on Tuesday, _April 11, 1989, at the Southold Town Hall, Main Road, Southold, New York, Supervisor Murphy opened the meeting at 7:30 P.M., with the Pledge of Allegiance to the Flag. Present: Supervisor Francis J. Murphy Justice Raymond W. Edwards Councilwoman Jean W. Cochran Councilman George L Penny IV Councilwoman Ruth D. Oliva Councilwoman Ellen M. Larsen Town Clerk Judith T. Terry SUPERVISOR MURPHY: The first order of busines is a resolution approving the audit of the bills of April 11, 1989. Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the followinq audited bills be and hereby ordered paid; General Fund, Whole Town bills in t~e amount of $55,700.21; General Fund, Part Town bills in the amount of $76,449.82; Nutrition Fund bills in the amount of $3,106.06; Home Aide Program bills in the amount of $218.20; SNAP Program bills in the amount of $1,442.85; Community Development Fund bills in the amount of $382.50; Highway Fund, Whole Town bills in the amount of $12,1t~9.72; Highway Fund, Part Town bills in the amount of $8,738.10; Composting Facility Capital bills in the amount of $2,700.00; Southold Wastewater District bills in the amount of $1,490.57; Fishers Island Ferry District bills in the amount of $15,596.26; Fishers Island Ferry District Agency & Trust bills in the amount of $50.35. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Next is a resolution to approve the minutes of the Town Board meeting of March 28, 1989, and the special meeting of March 28, 1989. Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the minutes of the March 28, 1989, Town Board meeting, and the minutes of the March 28, 1989, Special Meetin~t by and hereby approved. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Next is a resolution setting the next meeting date for April 25, 1989, 3:00 P.M., Southold Town Hall. Moved by Councilman Penny, seconded by Councilwoman Cochran, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 3:00 P.M., Tuesday April 25, 1989, at the Southold Town Hall Main Road, Southold, New York. ' Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. I. REPORTS. SUPERVISOR MURPHY: The first item on the agenda are reports. I'd like to remind everybody, these are all on file in the Town Clerk's Office. 1. Kenneth Reeves, Town' Recreation Director, report on NYSRPS Conference. 2. Southold Town's Developmentally i)isabled Recreation report for April through July. 3. Building Department Monthly Report for March, 1989 4. Town Justice Price's Monthly Report for March, 1989. 5. Town Clerk's Monthly Report for March, 1989. 6. Scavenger Waste Treatment Facility Monthy Report for March, 1989. 7. Town Recreation Department Monthy Report for March, 1989. 8. Suffolk County Inter-Agency Coordinating Council Agenda for April 14, 1989. 9. Zoning Board of Appeals Monthly Report for-March, 1989. 10. Town Justice Edwards' Mothly Rel~ort for March, 1989. 11. Town Justice Tedeschi's Monthly Report for March, 1989. SUPERVISOR MURPHY: At this time, I would like to ask the Councilman, if they have anything special to report, starting at my left with Judge Edwards. JUSTICE EDWARDS: Nothing at this time. Thank you, Frank. SUPERVISOR MURPHY: Ellen? COUNCILWOMAN LARSEN: No, nothing, Frank. SUPERVISOR MURPHY: Jean? COUNCILWOMAN COCHRAN: Yes. On the 28th of March, I was guest speaker at the South01d Rotary and my topic was, what else? Southold. It's garbage, problems and solutions. It went very well, and they learned a great deal of what direction Southold Town is going in relation to getting rid of our garbage. On the 29th, I chaired the CAST Substance Abuse Committee meeting. The Committee is presently going through a process of education. It's my belief that a committee can not take leadership in a given area, unless they are well informed on the topic, so what we're doing the first half hour, thirty-five minutes of each meeting that we're having, they're having an educational section. This past week, we had Officers Kevin Lynch and Carlisle Cochran share with us the duties of the Juvenile Aid Bureau. Next month, we will be having a woman from Riverhead. Following that a round table discussion took place in relation to setting the goals of the committee, looking a finances, fund raising. 'it was a very successful meeting. Also, the Substance Abuse Committee is sponsoring, beginning on March 28th, it began on March 28th, sponsoring a Substance Abuse Counseling, and these counselors from Apple, which is a substance abuse rehabilitation program in Hauppauge, and these people are highly trained-in solving the problems of substance abuse, so we're hopiog that people take advantage of this service that's being offered. Also, on the 29th, I attended the dinner celebration of the Southold Town Green, as you may be aware at the last Board meeting, the Southold Town Green was turned over from the Peconic Land Trust to the Town. The Committee was really a great committee. It was very cohesive. Everyone became very fond of one another, because we were working on a common goal of developing the Green. Many friendships were formed, so we thought the best way was to celebrate with a dinner, which we did do, and a good time was had by all. Each individual paid their own dinner. Also, the March of Dimes will be hosting its Walk America on Sunday, April 30th, at 8:30 A.M. at the Indian Island County Park in Riverhead. The funds that are being raised are to support research, medical services, health, educational programs aimed at the prevention of birth defects. So if anyone is interested in walking for the March of Dimes. Ken Reeves, our Recreation Director, has forms up at the Recreation Center. On the 3rd of April, I left for Florida with my grandson, John Paul. We visited Disney World, of course. You don't go to Florida with a five year old unless you go to Disney World, and then went over to Cocoa Beach to visit my daughter, Jeanine, and each and everyone of us, including grandma, had a good time. Most important, ! would like to introduce to you, my grandson Carlisle Evans Cochran III, better known as Ty. Ty is a 286 member of Troop 6 and is presently working on earning his citizenship in the community award, and Ty, I'd like to take a moment and introduce you to the Town i~oard of Southold. On my right is our Supervisor Francis Murphy. We have Judy Terry, Town Clerk. We have George Penny, Councilman. Ruth Oliva, Councilwoman. On my far left, we have Judge EdWards, Councilman from Fishers Island, and my immediate left is Ellen Larsen, Councilwoman. So your o~randmother would like to wish you good luck with working on your award, and it's nice having you w. ith us this evening. SUPERVISOR MURPHY: Very nice, and good luck. I'm sure you'll do well. George? COUNCILMAN PENNY: Yes. On the 5th, I attended a meeting of the Code Committ~-~ which Ruth will report on. On the-6th, we had a meeting with the Orient Meadow-. lands' Property Owners, the DEC, the Town Open Space Committee and the Peconic Land Trust, and we had a rather lengthy discussion on our efforts to preserve the properties in Orient and yet the people maintain their ownership and the rights to use their property. I won't go into all of this because a lot of it was technical. It's seems to be serving the purpose because people are sitting down and there's been a lot of give and take at the table, and people weren't given this opportunity before when they were just negotiating with the threat of condemnation over them, but so far,~ and I have this confirmed that this is working very well. On the 7th, we had a Police Committee meeting where we discussed the contract negotiations, and last night, Frank and ! spoke to the Board of Directors of Southold 2000 on various areas of the Town solid waste solution. Thank you. SUPERVISOR MURPHY: Thank you, George. Ruth? COUNCILWOMAN OLIVA: Thank you, Frank. On March 28th, we has an Open Space Committee meeting, and as our guest was a gentleman from the DEC, a Mr. Frank Pan;ek, who was regional supervisor of Natural Resources, and he explained how they are trying to spend the 1986 EQBA funds, and would like Southold to come up with a wish list, which hopefully we will do with the Water- front Revitilization Committee. We, also, have one piece of property that has been offered to us, which we will have an appraisal on, and we will go back to somebody else, who we did get an appraisal on, and see if we can work out some- thing with him. So we are moving along on the Open Space Committee. On March -- 30th, ~ attended a Tax Pac meetin[~ at the Peconic Center. There were probably well over 200 people t--~--~F~'. They are all concerned very deeply about the increase in taxes. They were just there to form an organization and I think they will be marching and telling us all not to raise taxes. On March 28th, I had a PBA meet- ing, where we discussed negotiations. On April 5th, we had a Code Committee me~ting, and I'm happy to say after eighteen months of working on our Site Plan, tonight it is on to send to various agencies for their comments and it's been' a long hard strug§le, but we finally got there. We, also, discussed storage trailers and we're working on some sort of ordinance to prevent people from just leaving these trailers there. We, also, discussed some things with the marine zone. I hope to have a meeting with some of the marina operator, owners, the Water Revitalization Committee people, the CAC and Town Board members to discuss some of our differences there and see what we can do about it. On April 6th, I also attended the meeting with George with the Orient Meadowland Association, and he dj§- - cussed that. On April 3rd, Jim McMahon, our community development director, and Rob Berntsson, our Assistant Town Attorney, and I went down to C.W. Post to attend a affordable housinq conference. Senator D'Amato was the first speaker and he, again, emphasized the need for affordable housing and I think his main point, that I got from it, he really thought that cooperations, instead of just com- plaining about the fact that there was no housing for t-heir employees, should start thinking about kicking in some money to help the different towns to develop affordable housing. Dr. Koppleman, who is the regional Planning Board Commissioner spoke and he said that we need 50,000 units, now, of affordable housing. To date we only have 2,600, and 1,800 of those are in Brookhaven Town. The next gentle- man that spoke was a Mr. Richard Ferrara from Montgomery County, Maryland, and he had some very interesting thoughts on what they have done down there. One third of their land in Montgomery County is preserved for agriculture, and their zoning is that is four homes per hundred acres. They have 8,000 units now in the affordable housing district. If' someone comes .in for a subdivision, they are given a 22% density bonus, but 15% of that must be affordable housing or if not, then 12.5% of the subdivision must affordable housing. These homes are sold for $50,000.00, $60,000.00 or $80,000.00. They're attached, a condo and single family homes. This is in effect for ten years. They are allowed to be sold then at full market value after the ten year period, but one-half of the profit that they make must be returned to the town, which goes into a bank in order to buy more land. The Housing Authority does buy a certain percentage of property, and then rent it out. They also, though,do receive $5,000,000.00 from the County for this program. Mr Koppleman was, also, rather annoyed that there were only three elected officials there in the morning, somebody from Southampton, Marty Depura from Southhampton, myself, and one other person. Perhaps he would have been a little happier in the afternoon, because there was some speakers from the different towns and townships. There was about seven or eight of us there. So it was a very interesting conference and I enjoyed it very much. On April 7th, we had a Police Committee meeting, which George said we discussed negotiations, and yesterday, April 10th, I went to the special Brown Water Protection Area committee at Hauppuage. There was a discussion by Joe Bear as far as the East Setauket, our special core watershed area, and then there was a presentation by Rick Handley of Riverhead. He would like to have some of the line changed in his area, because it is now industrial and it would be included. They felt they needed that property and it would be watered and sewered, but the Committee said that they would like him to come back and say what else that Riverhead could do for the core watershed area. We, also, had a presentation by a gentleman from Cornell University about turf grass management. I think that's it. Thank you, Frank. SUPERVISOR MURPHY: Thank you, Ruth.~The only other thing I would like to comment on is tomorrow we're meeting with the DEC, and our consultants,' and the firm that is going to, hopefully, build our composting system at the DEC, and Friday we're going to have another negotiating session with this firm. These sessions last about twelve hours, and they're quit~ intense, and hopefully we'll come up with a excellent contract. PUBLIC NOTICES. SUPERVISOR MURPHY: Moving on to the second item on your agenda, public notices. There's nin~e of them. These are all posted~on the Town Clerk's Bulletin Board. I'd like to draw your attention to two of them. One is #4 and Jean Cochran had mentioned this, and was talking about this program, and just that there's a counseling at the CAST Bull.ding, 18 South Street in Greenport every Tuesday and Thursday evening from seven to nine. Telephone number 477-1510 for any information. The second one is a Southold Town Highway Department announced their annual spring clean-up the week of April 24th to the 28th. . 1. New York State Department of Envionmental Conservation, Notice of pUblic Hearinq and Complete Application of L. M. Tuthill to construct timber bulk- head, dredge and backfill, remove existing dock and construct new dock on Orchard Street, School House Creek, New Suffolk. Hearing on May 11, 1989, at 10:00 A.M. in the Southold Town Hall. Written requests l~or party status must be received on May 5, 1989, addressed to A. Marshall Irving, P.E., N. Y. S. DEC Office of Hearing~,. Building 40, SUNY, Stony Brook, N. Y. 11794. 2. New York State Department of Social Service~, Announcement of the availability of funds for Employer Supported Child Care Demonstration Proqrams. Completed application must be postmarked by April 28, 1989, or hand delivered on that date. 3. U.S. Army Corps of Engineers, N. Y. District: Notice of Application of Town of East Hampton, Natural Resources Department to install shellfish qrowout networks in Lake Montauk Harbor, Gardiners Bay and Block Island Sound. Written comments by April 24, 1989. 4. Community Action of Southold Town, :§~bstance abuse counselinq at the CAST buildinq, 18 South Street, Greenport on Tuesday and Thursday evenings from 7:00 to 9:00 P.M. Call 477-1510 for information. 5. Southold Town Hiqhway Department, 1989 Annual Sprinq Clean-up Week, April 24, Orient Point to Truman's Beach; April 25, Truman's Beach to Moore's Lane, Greenport; April 26, Moore's Lane to South Harbor Lane, Southold; April 27, South Harbor Lane to New Suffolk and Nassau Point to Alvah's Lane, Cutchogue; April 28, Alvah's Lane to Mattituck to Laurel Lane, Laurel. 6. New York State Department of Environmental Conservation, Notice of .Complete Application of Joseph Spitaliere to construct a single family dwelling 55 feet landward of tidal wetlands and a sanitary system 98 feet landward of the tidal wetland boundary located on Orchard Lane adjacent to Cedar Beach Harbor. Comments to Christine J. Costopoulos, Bldg. 40, SLINY, Room 219, Stony Brook, N. Y. 11794 by April 21, 1989. 7. New York State Department of Environmental Conservation, Notice of Complete Application of Nicholas Theoharides to dredge a new navigation channel and mooring area and to place resultant spoil on a barge and offload into trucks for removal to approved upland site and to construct a dock consisting of catwalk and ramp and a float at seaward enc~, said project on a cove off Town-Creek, Maple Avenue, Southold. Comments to Robert N. Thurber, Bldg. 40 SUNY Room 219, Stony Brook, N. Y. 11794 by April 28, 1989. 8. New York State Department of Environmental Conservation, Notice of Complete Application of James N. Bailey to construct a swimming pool, patio, fence and dry well within freshwater wetlands at Fishers Island. Comments to Susan Ackerman, Bldg. 40 SUNY Rm. 219, Stony Brook, N. Y. 11794 by May 5, 1989. 9. U.S. Department of the Army, N. Y. District, Corps of Engineers, Application of Crescent Beach Condominium Association to install fixed .timber pier elevated over the grade, a ramp, and a float secured by timber pilings; said project located in Orient Harbor, Gardiners Bay. Comments by April 27, 1989. 288 APRIL 11, 1989 III. COMMUNICATIONS. SUPERVISOR MURPHY: Moving on to Item 3 on your agenda, there are three communications that were important to put on the agenda. One is from the family of Ralph Tuthill, who was a former judge here for many, many years, and one- of the finest people that I think I've ever had the priviledge of knowing, and number 2 is from Dick Wilton of the Greenport/Southold Chamber of Commerce about the availability of beach equipment, if God forbid we ever have any medical waste or garbage washing up on our beach. The third is a very nice letter from a resident of the Town complimenting the Town Clerk's Office and her staff for a job very well done. They do' an excellent job all the time. 1. Ralph Tuthill, Jr., thanking Supervisor Murphy and the Town Board for their expression of sympathy 2. Richard C. Wilton, President of the Greenport-Southold Chamber of Commerce informing the Town of the availability of State beactl cleaning equipment located at Jones Beach, which can be used by any Town muncipality. 3. Connie Keogh of Greenport complimenting the Town Clerk and her staff on their courteous and helpful service. IV. PUBLIC HEARINGS. (None.) V. RESOLUTIONS. SUPERVISOR MURPHY: There are no public hearings, tonight, so we'll move on to Item 5, resolutions, and at this time I'd like to state the policy of the Town Board, that anyone who would like to address the Town Board on any of the re- ' solutions on your agenda, you may do so at this time. We'll have a time after the resolutions and the final comments by the Town Board members where anyone in the audience can address the Town Board on any other matter at all. We're here to listen to you, and to listen to your comments. So at this time, is there anyone who would like to address the Town Board on any of the proposed resolutions that are going to be offered tonight? Over on my left? (No response.) In the middle? (No response.) On the right? (NO response.) Hearing none, we'll move on to Resolution No. 1, which is to amend a prior resolution. 1.-Moved by Justice Edwards, seconded by Coucilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby amends that Resolution No. 11, adopted on December 13, 1988~, c~rantincj Claire L. Glew a maternity leave of absence from March 12, 1989 through July 12, 1989 by adding the following: Mrs. Glew's medical insurance shall be paid by the Town for a three (3) month period, effective March 12, 1989 through June 12, 1989, and after June 12, 1989, and as long as Mrs. Glew remains on maternity leave, she may retain coverage under the Town's medical insurance plan, but must pay the monthly premiums herself. 1.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 2 is a resolution to accept, with regret, the resignation of Theresa Bokina as a clerk typist in the Rec. Department. I offer that. COUNCILWOMAN COCHRAN: I'd like to second that, and I'd ~lso,~ike toadd that she's going to be missed. She's done a good job for the Recreation Department, Frank. SUPERVISOR MURPHY: She's been excellent. She was the first clerk typist we had down there, when the department was started, and really, between her and the director, have done an excellent job. 2.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with re~ret; the resignation of Theresa Bokina, Clerk Typist for the Recreation Depart- ment, effective April 12, 1989, and wishes Theresa much success in her future endeavors. 2.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 3 is to authorize the purchase of a mower. 3.-Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Super- intendent of Hic~nways Raymond L. Jacobs to purchase, from the New York State Contract, one (1) F932 Front Mount W/72 Mower at the price of $6,430.00. 3.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman' Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. APRIL 11, 1989 2 8 9 SUPERVISOR MURPHY: Number 4 is to accept a proposal. 4.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of E. F. Kaldor, C.P.A., P.C. to audit the books and records of the Received of Taxes for the period January 1, 1989 through April 30, 1989, at a total fee of $1,000.00. 4.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 5 is to appoint Barbara Reichle as a clerk typist in the Justice Court, effective April 17, 1989. I offer that. 5.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Barbara A. Reichle a Clerk Typist for the Justice Court, from the Suffolk County Department of Civil Service Certification of Eligibles, effective April 17, 1989 at a salary of $17,474.32 per annum. ' 5.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 6 is to appoint traffic control officers. 6.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following Traffic Control Officers, effective immediately, at a salary of $7.00 per hour: Wesley Elliot, Chad Droskoski, Robert Bopp, Wayne Sailor Jennifer Quarty. ' 6.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 7 is a resolution approving the by-laws of the East Marion Woods Homeowners Association. I offer that resolution. 7.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, WHEREAS, the Southold Town Planning Board has heretofore approved the development of "East Marion Woods" as a ~luster development pursuant to the provisions of Chapter 100, Article XVIII of the Code of the Town of Southold; and WHEREAS, said provisions of the Southold Town Code require that a cluster development be organized as a home association or any other arrangements approved by the Town Attorney and the Town Board; and WHEREAS, East Marion Woods Homeowners Association, Inc. has submitted to the Town Attorney a copy of its By-Laws; and WHEREAS, the Town Attorney has reviewed same with the Town Board; NOW, THEREFORE, BE IT RESOLVED that this Board does hereby approve the aforesaid By-Laws of East Marion Woods Homeowners Association, Inc. 7.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 8 is a budget modification to the General Fund, Part Town. 8.-Moved by Councilwoman Larsen, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1989 Budge.t modification to the General Fund - Part Town to provide budget for special outside prosecutor Scott P. Allen: To: B1420.4 Town Attorney, Contractual Expenses $ 1,900.00 From: B3120.4 Police, Contractual Expenses $ 1,900.00 8.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 9 is a budget modification to the General Fund- Whole Town. 9.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1989 Budqet modification to the General Fund - Whole Town to provide budget for additional allocation to Eastern Long Island Hospital for installation of automatic doors: To: A4010.4 Public Health, Contractual Expenses $ 10,100.00 From: A1990.4 Contingent $ 10,100.00 290 APRIL 11, 1989 9.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 10 is a budget modification to the General Fund - Part Town. 10.-Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followinq 1989 Budget modification to the General Fund - Part Town to provide additional budget for new boat, engines and radar installation for the Bay Con- stable: To: B3130.2 Bay Constable, Equipment $ 4,210.00 From: B1990.4 Contingent $ 3,000.00 B3130.4 Bay Constable, Contractual Expenses $ 1,210.00 10.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 11 is a resolution to accept, with regret, the resignation of Tom Gannon, Deputy Commissioner of Public Works, effective April 19, 1989, and extends to Mr. Gannon sincere thanks and appreciation for hard work and dedication in his position for the past two years. I'd just like to add a little more, that he really had done a fantastic job, and we will miss him, and wish himwell in his retirement. 11 .-Moved by Supervisor Murphy, seconded by the Entire Town Board, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with recjret, the resignation of Thomas H. Gannon, Deputy Commissioner of Public Works, effective April 19, 1989, and extends to Mr. Gannon their sincere thanks and appreciation for hard work and dedication to his position for the past two years. 11.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Superwsor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 12 is to accept a bid. 12.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Chemical Pollution Control Inc., Bay Shore, New York, for the removal and disposal of household hazardous wastes from the Southold Town Collection Center, Cutchogue, at the following prices, all in accordance with the bid specifications: Lab Pack Drum, Household Materials: $190.00 per drum. Lab Pack Drum, Pesticides, Insecticides, Fungicides, Aerosols: $540.00 per drum. Open Top Steel Drum: $36.00 per drum. Monthly pick-up ~_harge - includes packaging, labeling, manifesting and transporta- tion: $500.00 per pick-up. SUPERVISOR MURPHY: This I might add is from our STOP Program. It'~ been very successful. It's very expensive, but it's very cheap in the long run. The more material we can pull out of going into the Landfill, the better the future residents, and young Ty, and his children later on, will be in Southold Town. 12.-Vote of the Town E~oard: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Nur~ber 13 is a Budget Modification - General Fund, Whole Town. 13.-Moved by Councilwoman Larsen, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification to the General Fund - Whole Town 1989 Budget for the transfer of monies from the Park and Recreation account to the General Fund and the-subsequent disbursement for the purchase of trees at the Laurel Lake ballfield: To: Revenues A2025 Special Recreation Facilities $ 750.00 Appropriations A7110.2 Parks, Capital Outlay $ 750.00 13-Vote of the Town Board: Ayes: Councilwoman /arsen, Councilwoman Oliva, Councilman Penny, Councilwoman'Cochran, Justice Edwards, ,Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 1'4a is to create the position of scale operator and set an entry level salary of $10.06 for said position. I offer that. APRIL 11, 1989 291 14a.-Moved by S.~pe~visor Murphy, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of SouthoId hereby creates the posi- tion of Scale Operator and sets an entry level salary of $10.06 for said position. 14a.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, JuStice Edwards, Supervisor Murphy. This resolution was declared du y ADOPTED. SUPERVISOR MURPHY: 14b is to appoint a provisional scale operator. 14b.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Narr~, Tuthill as a j~rovisional Scale Operator, effective April 20, 1989, at a salary of $10.06 per hour. 14b.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. 'SUPERVISOR MURPHY: Number 15a resolved environmental assessment on a Local Law. 15a.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act, and 6NYCRR Part 616, Section 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: Amendment to Chap. ter 92 (Vehicles and Traffic) of the Code of the Town of Southold. The project has been determined not to have a significant effect on the environment because an Environmental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur should the project be implemented as planned. The Vehicles and Traffic amendment pertains to fire lanes at a shopping center. 15a.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 15b is to set a public hearing, 3:30 P.M., Tuesday, April 25, 1989.'Southold Town Hall, on the proposed Local Law concerning vehicle and tra ffic ~.regulations. 15b.-Moved by Councilman Penny, seconded by Councilwoman Cochran, WHEREAS, there has been presented to the Town Board of the Town of Southol a proposed Local Law entitled, "A Local Law in Relation to Vehicles and Traffic"; now, therefore, be it RESOLVED that the Town Board hereby sets 3:30 P.M., Tuesday, April 25, 1989, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the aforesaid proposed Local Law which reads as follows, to wit: A Local Law in Relation to Vehicles and Traffic 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 92-45 (Fire Lanes) is hereby amended by adding a new subsection "B" to read as follows: B. At the shopping center located on the north side of New Your Route 25, having ingress and egress on both Route 25 and Factory Avenue in the Hamlet of Mattituck, commonly known as the "A & P Shopping Center", such fire lane to be twenty four (24) feet in width, from the southerly and westerly sidewalk curbline on the south and west (front) side of the building and extending the entire length of the "L-shaped" store building; i.e. four hundred sixty six (466) feet along the southerly face of the building and two hundred twenty two (222) feet along the westerly face. II. This Local Law shall take effect upon its filing with the Secretary of State. 15b.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 16 is to authorize the Town Clerk to advertise for bids. 16.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED' that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the purchase and application of 150,000 cjallons, more or less as' may be needed, of Grades RC-2 and MC-2 Asphalt Road Materials to be delivered to the Town of Southold and applied. 2 9 2 APRIL I,, 1989 16.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Pepny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolutio~n was declared duly ADOPTED. SUPERVISOR MURPHY: Numbe~; 17' is another resolution authorizing the Town Clerk to advertise for bids. 17.-Moved by Justice Edwards, seconded by Councilwoman Larsen, if was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids on behalf of the Superintendent of Highways for resurfacing of Southold Town roads with Slurry Seal, minimum of 5,000 square yards. 17.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resplution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 18 is concerning a trailer permit renewal for Jackie Moeller for a watchmen trailer at her riding school Hidden Lake Farms, for six months. I offer that resolution. 18.-Moved by Supervisor Murphy, seconded by Councilwoman Larsen, it was RESOLVED that the application Jacclueline B. Moeller for renewal of the single family watchman trailer at her stable and ridincj school, Hidden Lake Farm, which permit expired on April 9, 1989, be and hereby is granted for a six (6) month period. 18.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran,- Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 19 is a resolution to rescind a prior on and to adopt the following resolution. 19.-Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds their resolution concernincj the self-insurance plan, adopted at their Special Meeting held on March 28, 1989, and adopts the followincj resolution in its place: -- WHEREAS, the Town Board of the Town of Southold is about to become self- insured; and WHEREAS, the Town Board of the Town of Southold has provided to its employ- ees of the Town of Southold certain health insurance benefits in the past; and WHEREAS, the Town Board of the Town of Southold wishes to maintain the current health insurance benefits provided to its employees; now, therefore, be it RESOLVED that the Town Board of the Town of Southold under its new self- insurance plan, shall incorporate the protections and rights afforded to its employees under the Empire Plan, the Civil Service Law, and documented past prac- tices of the Town of Southold, as of the effective date of the self-insurance plan; and be it further RESOLVED that the self-insurance coverage to be provided will match and equal the 1988 Empire Plan coverage, and in addition thereto, the self-insurance plan to be provided will incorporate the betterments under the 1989 Empire Plan; and be it further RESOLVED that a Trust Agreement will come into effect under the self-insurance plan, which agreement will establish an independent Board of Trustees whose duties inter alia will be to review disputed claims arising from the determination of the claims administrator and the membership of said Board of Trustees shall be established, by the Town Board with input from the CSEA Unit; and be it further RESOLVED that in addition to the aforementioned Board of Trustees, a Health Insurance Committee will be established with representation thereon from the CSEA Unit and Town Board, the purpose of said committee to review the self-insurance plan and the coverages therein; and be it further -RESOLVED that the Town will credit any deductibles accumulated during the 1989 calendar year towards any deductible under the self-insurance plan; and be it further RESOLVED that the Town will establish a network of participating providers under the self-insurance plan. This will bring the self-insurance plan to par with the benefits under the existing Empire Plan; and be it further RESOLVED that if the Town Board of the Town of Southold determines that participation of a self funded employee health benefit plan is fiscally unsound then and in that event the Town Board guarantees to the Town Employees that it will return to the Empire Plan. COUNCILWOMAN LARSEN: It's hard to believe that that's going to save us money, but it will. 19.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. APRIL 11, 1989 293 SUPERVISOR MURPHY: Number 20. is to aCcept, with regret, the resignation of Joan Romanowski as clerk-typisl~ for the Board of Town Trustees, effective April 12th. I offer that. 20.-Moved by Supervisor Murphy, seconded I~y Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with rec~ret, the resic~nation of Joan Romanowski, Clerk Typist for the Board of Town Trustees, effective April 12, 1989, and wishes Mrs. Romanowski much success in her new position with the Commissioners of Jurors. 20.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 21 is to establish standard days in a bi-weekly pay period for elected and funded officials. 21.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby establishes stan- dard days in a biweekly pay period for elected and appointed officials, effective April 6, 1989, for the purpose of reporting said days to the New York State and Local Employees Retirement System: Elected Officials Supervisor 10 days Councilmen 10 days Superintendent of Highways 10 days Town Clerk 10 days Assessors 10 days Trustees 10 days Receiver of Taxes 10 days Town Justices 10 days Appointed Officials Board of Appeals 1.87 days Planning Board 1.87 days Town Attorney 7.14 days Assistant Town Attorney 10 days Town Historian 6.71 days 21 .-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 22 is to advance to John Cushman his expenses for attendance at a IBM Corporation annual industry conference. I offer that. 22.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the. Town of Southold hereby authorizes the advance sum of $500.00 to John Cushman for attendance at the IBM Corporation annual Industry Executive Conference for State & Local Government, on April 23, to April 26, 1989, at Phoenix, Arizona. 22.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 23 is one that was very popular around here several year ago to authorize myself to execute a New York State Department of Transporta- tion, Aviation Transportation, Infrastructure Renewal Project Grant Agreement, to update the existing Airport Layout Plan, and this is on Elizabeth Field, on Fishers Island, not in Southold. JUSTICE EDWARDS:' Very nice of you. COUNCILWOMAN COCHRAN: That's in Southold, but off the mainland. 23.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute a New York State Department of Transportation, Aviation Transportation, Infrastructure Renewal Project Grant Agreement, to update the existing Airport Layout Plan for Elizabeth Field, Fishers Island. 23.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman. Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 24 is to authorize a 7% salary increase for the full-time Fishers Island Ferry District personnel, and to set the part-time salaries. I offer that resolution. APRIL 11, 1989 24.-Moved by Supervisor Murphy, seconded by, Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes a 7% salary increase for the followin9 full-time-Fishers Island Ferry District personnel, effective January 1, 1989 and January 1, 1990; said increase in accordance with the terms of the contract between the Town of Southold and the Civil Service Employees' Association as it applys to the Fishers Island Ferry District, to wit: one year later that applied to all other Town employees: Stephen G. Burke Walter E. Duguid Mark B. Easter Richard J. Hoch Robert P. Knauff James D. Lemerlin lone D. Norton Edward D. Moore John S. Stanford Arnold W..Toivonen EIIswoth H. Wilcox AND BE IT FURTHER RESOLVED that the following Fishers Island Ferry District part-time personnel be compensation at the hourly rates shown below, effective June 1, 1989, and to be reflected in the pay period beginning June 15, 1989: Thomas Alligood $ 9.04 Brian Kingsbury $ 11.12 Walter Barnard Frederick Barrett William Brown Evelyn Clarke Robert Davis Justin Driscoll Michael Gelman Harold Haugland Daniel Henderson William Henderson III William Henderson IV Eugene Henson Peter Hobart 11.12 Henry Kopij 9.04 7.08 Christopher Londregan 6.62 7.13 Jeffrey Londregan 5.80 7.40 Richard Mahar 9.04 6.61 Kevin Moroney 6.25 5.80 Victoria Orr 6.25 5.62 John Rianhard 5.62 9.04 Aaron Rice 7.79 5.62 Donald Stankiewicz 9.04 9.04 Wilfred Szalkowski 6.94 5.62 William Toivonen 7.13 11.12 Robert Tuverson 9.04 5.80 24.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 25 is to authorize the Commissioners of the Fishers Island Ferry District to enter into a lease agreement. 25.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to enter into lease ac~reements with Richard Grebe for the westerly half of building no. 383, located on the south side of Whistler Avenue, Fishers Island; with William J. Faulkner for the easterly half of building no. 383, located on the south side of Whistler Avenue, Fishers Island, and Richard Grebe for the har~ger building at Elizabeth Airport; said leases to be of a form and content approved by the Town Attorney. 25.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 26 is a determination on an environmental assessment. 26.-Moved by Supervisor Murphy, seconded by Councilwoman Larsen, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act, and 6NYCRR Part 616, Section 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: Amendment to Chapter 100 (Zoning) of the Code of the Town of Southold. The project has been determined not to have a significant effect on the environment because an Environmental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur should the project be implemented as planned. The zoning amendment pertains to the maximum size of a hotel guest unit. 26.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 27 is to transmit a proposed Local Law in relation to zoning to the Southold Town Planning Board, Suffolk County Department of Planning. I offer that. 27.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, 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 Zoninq", now, therefore, be it RESOLVED that the Town Clerk'be 'and she hereby is authorized and directed to transmit this proposed Local Law ot the Southold Town Planning Board and the APRIL 11, 1989 295 Suffolk County Department of Planning in accordance with the Code of the Town of Southold and the Suffolk County Charter. Said proposed Local Law reads as follows, to wit: A Local Law in Relation to Zoning BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 (zoning) of the Code of the Town of $outhold is hereby amended as follows: I. Section 100-61.B(4) is hereby amended by adding thereto a new subsection "e" to read as follows: (e) The maximum size of the guest unit shall be six hundred (600) square feet. II. This Local Law shall take effect upon its filing with the Secretary of State. 27.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 28 is a resolution on a environmental determination. on a proposed Local /aw in Relation to Zoning, site plan for accessory and per- mitted uses. I offer that. 28.-Moved by Supervisor Murphy, 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 616, Section 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 r action, has determined that there will be n.o significant effect on the environment. Description of Action: Amendments to Chapter 100 (Zoning) of the Code of the Town of Southold. The project has been determined not to have a significant effect on the environment because an Environmental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur should the project be implemented as planned. The zoning amendments pertain to site plan for accessory and permitted uses. 28.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 29 is to transmit this proposed Local Law in relation to zoning to the Town and County Planning Departments. I offer that. 29.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, 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 Zoninc~" now, there- fore, be it ' RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit thi~ proposed Local Law to the Southold Town Planninc~ Board and Suffolk County Department of Planning in accordance with the Code of the Town of Southold and the Suffolk County Charter. Said proposed Local Law reads as follows, to wit: A Local Law in Relation to Zoning BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-61C is hereby amended to read as follows: C. Accessory uses. The following uses are permitted as accessory uses and , except for residential accessory uses, and signs which are governed by Article XX, are subject to site plan review. 2. Section 100-71C is hereby amended to read as follows: C. Accessory Uses. The following uses are permitted as accessory uses and, except for residential accessory uses, and signs which are governed by Article XX, are subject to site plan review. 3. Section 100-81C is hereby amended to read as follows: C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses, and signs which are governed by Article XX, are subject to site .plan.review. 4. Section 100-91A is hereby amended to read as follows: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under subsections 1 and 2 hereof, are subject to site plan approval by the Planning Board. 5. Section 100-91C is hereby amended to read as follows: C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses, and signs which are subject to Article XX, are subject to site plan review. 6. Section 100-101A is hereby amended to read as follows: A. Permitted uses. The following uses are permitted uses and, except for those uses. permitted under subsection 1 and 2 hereof, are subiect to site plan approval by the Planning Board. 296 APRIL 11~ 1989 7. Section 100-101Cis h~reby amen~fed to-r~ad as-follows: ~ C. ACcessory uses. The following uses are permitted as accessory uses and, except for resid~etial accessory uses, and signs which are governed by Article XX, are subject to site plan review. 8. Section 100-111A is hereby amended to read as follows: A. Permitted uses. The following uses are permitted uses and, except for those permitted under subsection 1 hereof, are subject to site plan approval by the Planning Board. 9. Section 100-111C is hereby amended to read as follows: C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses, and signs which are governed by ArtiEle XX, are subject to site plan review. 10. Section 100-121A is hereby amended to read as follows: A. Permitted uses. The following uses are permitted uses and except for those uses permitted under subsection I hereof, are subject to site plan approval by the Planning Board. 11. Section 100-121C is hereby amended to read as follows: C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses, and signs which are governed by Article XX, are subject to site plan review. 12. Section 100-131A is hereby amended to read as follows: 13. A. Permitted uses. The except for those uses hereof, are subject to Section 100-131C is hereby following uses are permitted uses, and permitted under subsections 1 and 2 site plan approval by the Planning Board. amended to read as follows: C. Accessory uses. The following uases are permitted as accessory uses and, except for residential accessory uses, and signs which are governed by Article XX, are subject to site plan review. 14. Section 100-141A is hereby amended to read as follows: A. Permitted uses. The Following uses are permitted uses and, except for those listed in subsection I hereof, are subject to site plan approval by the Planning Board. 15. Section 100-141C is hereby amended to read as follows: C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses, and signs which are governed by Article XX~ are suiect to site plan rewew. II. This Local /aw shall take effect upon its filing with the Secretary of State. 29.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 30 is a decision on the Carr/Wanet change of zone, where we had a public hearing two weeks ago. 30.-Moved by Justice Edwards, seconded by Councilwoman Cochran, WHEREAS The Town Board of the Town of Southold has received and reviewed the petition of Richard Carr and Joseph Wanat requesting a change, modification and amendment of the Southold Town Zoning Code, including the Zoning Map made a part thereof, on the premises known as Carr/Wanat, more particularly described in the application for a change of zone from "A" Residential Agricultural (now A-C Agricultural Conservation) to "M" Multiple Light Residential (now HD Hamlet Density); and WHEREAS said petition was duly referred to the Planning Board for its investi- gation, recommendation and report, and its report having been filed with the Town Board, and thereafter, a public hearing in relation to said petition having been duly held by the Town Board on the 14th day of March,- 1989, and due deliberation having been had thereon; and WHEREAS the applicant Richard Carr is also the owner of the premises known as the Norris Estates, located at New Suffolk Avenue, Mattituck, and zoned "M" Light Multiple Residential (now HD Hamlet Density); and WHEREAS Richard Carr purchased the Norris Estates as a HD Hamlet Density --- with a significant investment expectation; and WHEREAS The Town Board of the Town of Southold is mindful of and recog- nizes the environmental and economic impact of this HD zone on the Norris property which has been so zoned since the early 1970's; and WHEREAS Richard Carr has voluntarily covenanted and ~greed ~o restrict the development of the Norris property, currently zoned HD Hamlet Density, to that allowed in the Town Zoning Code,~ of Article IliA, Low Density Residential R-40- District; and WHEREAS the applicant has requested, and Town Board has agreed to amend the application from a more intense develq~me~t of HD Hamlet Density to a less intense Low Residential Density R-40; and WHEREAS the Covenant and Restrictions have been duly executed and are being held in escrow by the To~n Attorney pending passing of this resolution; and WHEREAS The Town Board of the Town of Southold has reviewed the enviro- mental impact, economic impact as well as weighed the health, safety and welfare of the people of the Town of Southold and' the unique circumstances present, has APRIL 11, 1989 2 9 7 determined that the parcel of land known as Carr/Wanat shall be re-zoned from its present AC Agricultural Conservation to Low Density Residential R-40, NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Southold hereby grants the change of zone application as amended; and BE IT FURTHER RESOLVED that the Covenants and Restrictions held in escrow by the Town Attorney be filed in the County Clerks office of the County of Suffolk 30.-Vote of the Town Board: Ayes: Councilwoman Larsen,-Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED, SUPERVISOR MURPHY: Number 31 is to amend a prior resolution #26, adopted March 28, 1989 appointing Scott Dobriner as a summer intern to work on the draft Local Waterfront Revitalization Program at a salary of $10.00 an hour. I offer that resolution. 31 .-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby amends their Resolution No. 26, ~dopted on March 28, 1989 appointing Scott Dobriner as a summer intern to work on the draft Local Waterfront Revitalization Program document at a salary of $6,50 per hour, not to exceed $4,000.00, to "..at a salary of $10.00 per hour." 31.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 32 is a resolution to accept as complete the final environmental impact statement submitted by D.B.M., Co. 32.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts as com- plete the Final Environmental Impact Statement submitted by D.B.M. Co. with respect to their petition for a change of zone from "A" Residential and Agricul- tural District to "AHD" Affordable Housing District, certain property located south- east of the intersection of County Route 48, Boisseau Avenue, and Yennecot[Avenue, Southold, and directs the Town Clerk to file a Notice of Completion; the 10 day comment period to commence on April 12, 1989. 32.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 33 is to accept a bid. 33.-Moved by Councilwoman Oliva, seconded by Councilman Penny, WHEREAS, The Town Board of the Town of Southold requested bids for a Road Sweeper for the Department of Highway, pursuant to certain specifications; and WHEREAS, The Town Board of the Town of Southold received t~wo (2) bids one from George Malves & Company, Inc. at a bid of $88,445.00 and another from Trius, Inc. in the sum of $79,842.00; and WHEREAS, upon review of said bids, it has been determined by the Town Board that the bid of George Malvese $ Company, Inc. complies with bid specifi- cation with numberous discrepancies; specifically, but not limited to: submitting a bid for a road sweeper with only one (1) engine whereas bid specification requires two (2) engine sweeper. THEREFORE BE IT RESOLVED, that the Town Board of the Town of Southold hereby accepts the bid of George Malvese & Co., Inc. for supplying the Town with one (1) Mobil, Model 1TE4, Four-Wheel Self- Prq~elled Pickup Street Sweeper, all in accordance with the Bid specifications, at a bid price of $88,445.00, which price includes the trade-in of one (1) 1974 Mobil Sweeper TE4. 33.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 34 is to authorize the purchase computer equip- ment for the Highway Department and Police Department to hook into our main frame, and this is coming off the New York State bid list. I offer that resoltution. Amended 5/9/89 - Resol. #14 - 34.-Moved by Supervisor Murphy, seconded by Councilman-I~nny,-it. was RESOLVED that the Town Board of the Town of Southold hereby authorizes the purchase of computer equipment to be installed in the locations indicated: Town Hall One 5812 Modem for communication to Highway Dept. $805 .Hic~hwa¥ Department One 5812 Modem for communication to Town Hall 805 One 5394 Remote Controller 2,772 Two 3197 Display Stations @1280 ea 2,560 One 5202 Quietwriter Printer 1,831 One 4224 Printer 2,825 298 APRIL 11, 1989 Police Department Two 3197 Display Stations @ 1280 ea 2,560 One 5202 Quietwriter Printer 1,831 One 4224 Printer 2,825 Cabling needs approximately $500 500 Installation of dedicated phone line 100 Approximate Total $19,414 34.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 35 is to authorize the attendance at a conference. 35.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes all TownBoard members and Planner Valerie Scopaz to attend the 1989 conference on the State of Coastal and Ocean Resources to be hela on May 10,11,12, 1989 at the New York Penta Hotel, New York City, and the necessary expenses for registration fee of $195.00 per person, travel expenses and meals shall be a legal charge against the Town Board and Planning Board 1989 Budgets. 35.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 36 is a resolution concerning the environmental determination on a proposed Local Law in relation to Zoning. It's a site plan approval. I offer that. 36.-Moved by Supervisor Murphy, seconded by the Entire Board, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act, and 6NYCRR Part 617, Section 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: Amendments to Chapter 100 (Zoning) of the Code of the Town of Southold, The project has been determined not to have a signifiCant effect on the environment because an Environmental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur should the project be implemented as planned. The zoning amendment pertains to Site Plan Approval. 36.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy~ This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 37 is to transmit this proposed Local Law in relation to Zoning to the Town and County Planning Department. I offer that. 37.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, 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 Zoninc~", now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this proposed Local Law to the Southold Town Pla~ninq Board and Suffolk County Department of Planning in accordance with the Code of'the Town of Southold and the Suffolk County Charter. Said proposed Local Law reads as follows, to wit: A Local Law in Relation of Zoning BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 (zoning) of the Code of the Town of Southold is hereby amended as follows: I. Article XXV (Site Plan Approval) is deleter in its entirety, and a new Article XXV is hereby adopted to read as follows: ARTICLE XXV SITE PLAN APPROVAL Section 100-250. General Reqgirements. This section shall apply to every land use that is permitted in the Town of Southold except the single family home use-on a single and separate lot as set forth in Article III, Section 100-3tA[1), and customary non-agricultural accessory uses to a single family residential home use. as stated in the Town Code. Any change in use or intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, open space, or utilities will require site plan approval. APRIL 11, 1989 In all cases where this chapter requires approval of site development plans by the Planning'~I~oai~d,i' no building permit shall be issued by the Building Inspector except upon authorization of and in conformity with the site plan approval by the Planning Board and all other public agencies involved. Section 100-251. Declaration of policy The Town Board wishes to protect the unique rural and open space character of the Town and hereby finds that development within the Town. exclusive of the incorporated Village of Greenport, should proceed along the lines of good order and with due regard to the public interest, including but not limited to the following: exterior design of new or renovated structures and portions thereof; the construction and location of parking areas, whether or not accompanied by new building construction; chanqes in the use of existing structures: the use of oper~ land; and that the proposed site use would impact beneficially on the well being of the population in general, increase the town's tax base, and facilitate the local economy. It is the purpose of this section to encourage good design and: Protect the established character and value of the adjoining properties, both public and private, and of the neighborhood in which they are located. Lessen and where possible prevent traffic congestion on the street and highways upon which the site fronts or which provide vehicular or pedestrian access thereto. 3'. Prevent overcrowding of land or buildings. Secure safety from fire, flood and other dangers, and to' provide adequate light, air and convenience of access. Mitigate the env'~ronmental impacts of new development on the land, air and water resources. Section 100-252. Objectives In considering and acting upon site development plans, the Planning Board shall take into consideration the the public health, safety and welfare, the economic impact, and the comfort and convenience of the public in general, and the residents of the immediate neighborhood in particular, and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular: Traff c access: That all proposed traffic accessways are adequate but not excessive in number, adequate in width, grade, alignment, and visibility, are located in proper relationship to intersections, pedestrian crossings and other places of public, assembly and further, are in conformance with overall traffic safety ........ considerations. Other public agencies may require further improvements above and beyond the Town's requirements. Roadway improvements not directly in front of the site may be necessary and required, based on overall traffic circulation and signalization of adjacent access points and streets. Interior circulatio'n and parking: That adequate off-street parking and loading-spaces are provided to satisfy the parking needs of the proposed uses on-site, and that the interior circulation system 299 300 APRIL 11, 1989 is so designed to provide convenient access to such spaces consistent with pedestrian safety. And further, that Ioadin9 areas shall not impede the flow of interior pedestrian and vehicu ar traffic. Handicap accessibility shall be provided and placed at the nearest point to the proposed- structure. Landscaping and screening: That all parking, service and similar areas are screened at all seasons of the year from view of adjacent residential districts and streets, and that the landscaping of the site complement the intended use. Existing trees of at least six (6") inches or more In diameter measured three feet above the base of the trunk shall be retained to the maximum extent possible. Natural features that high priority shall be given to the: conservation of all natural features on and adjacent to the site, including, but not limited to, natural drainage courses, fresh and salt water wetlands and marshes, dunes, bluffs, beaches, escarpments, woodlands, large trees, unique plant and wildlife hsbitats, flood hazard areas and wildlife breedin9 areas; and bo protection of ground and surface water from contamination by pollutants; and c. protectian of air quality. Pavement: That all other paved areas intended for use by pedestrians and vehicles shall make use of an aesthetically pleasin9 and safe combination of pavements and plant materials which would serve to encourage their use by pedestrians and vehicles. Lighting: That all outdoor lighting shall be of such a nature and so arranged as to minimize the projection of direct light and glare onto adjoining properties and Streets. Outdoor lighting shall be compatible with the intended use and also the zoning district, particularly in or adjacent to residential zones. 9o 10. Public address intercom or sound systems: That any sound or public address system shall be located to minimize sound to adjoining properties or oh the' adjacent street. Grading and Drainage: That all site developments shall respect existing grades on site and on adjoining sites to avoid unnecessary excavation or filling, and that all storm-water runoff generated on site will be retained on site in an environmentally acceptable manner. All grading and drainage plans must meet with the requirements of the Town Engineer and/or Superintendent of Highways. Public Utilities: That plans for water sul~ply and sewage disposal, cable, telephone, electricity, 9as, etc.. shall be considered and included in this section and shall conform to such public requirements and standards as may exist. Existing development and comprehensive development plan: That the development proposed is at a scae consistent with existing development and with the comprehensive development plan of the Town of Southold. 11. Architectural features: That the architectural features of proposed buildings and signs are in character with that generally prevailin9 in the neighborhood. 12. Handicapped access: That the site plan and buildin9 design shall accommodate the needs of the handicapped and be in conformance with the applicable State and local standards concerning same. Section 100-253. Cuidelines A. No building permit shall be issued for any structure or building as defined by Chapter 100, Zoning, until an approved site development plan or approved amendment of any such plan has been secured by the applicant from the Plannin9 Board and presented to the Buildin9 Inspector, alon9 with all necessary approvals and -permits as may be required by other public agencies. B. No regrading, clearing, tree removal or any other work in preparation of future use of a site, except limited clearing needed to undertake survey work or soils --investigations may take place or be permitted to take place until the site plan has been approved by t-he Plannin9 Board. Do No certificate of occupancy shall be issued for any building, structure, premises, lot or use of land covered by this Article unless the structure has been completed (whether the structure is being constructed, renovated, reconstructed, altered, moved or put into use) and the site is developed in accordance with an approved site development plan or approved amendment of any such plan. Upon request of the owner or his authorized agent for a Certificate of Occupancy, the Building Inspector shall issue the certificate, provided that said Building Inspector along with the Planning Board shall find that such building or structure and site is in conformity with the approved site plan. E. After a Certificate of Occupancy is issued, there shall be no exterior alterations of a building that expands the footprint, or any revisions of the site, or changes of use, without first obtaining Planning Board approval. F. Failure to obtain site plan approval shall be a violation of this ordinance and shall be subject to such penalties as are set forth in 100-285 of this chapter. G. Upon recommendation of the Planning Board and approval of the Town Attorney, the Building Inspector may revoke an existing Certificate of Occupancy upon a showing that the subject premises is being occupied or used in violation of an approved site plan and may direct that such occupancy or use be discontinued. The Town Attorney is authorized to commence proceedings in a court of appropriate jurisdiction to restrain said use or occupancy.. Section 100-254. Review Procedure. Ao Presubmission conference. Prior to the submission of a site development plan. the applicant or his agent shall meet with the Planning Board or its representive. The purpose of such conference shall be to discuss proposed uses or development plan ~lements that shall be submitted to the Planning Board in order f. or said Board to determine conformity with the provisions and intent of this Article. Said meeting shall take place within thirty (30) calendar days from the date of written request therefor. 3O2 APRIL 11, 1989 Bo Site Development Plan. Nine (9) copies of the site development plan application and any related information as defined during the presubmission conference shall be submitted to the Planning Board within four (4) months of the presubmission conference. If a site development plan application is not submitted within four (4) months following a presubmission conference, another conference may be required by the Planning Board. Within ten (10) business days of receipt of the application the Planning Board shall determine whether to accept, reject or request revision of the application. If the Planning Board determines said application to be acceptable, but in need of revision, it shall notify the applicant in writing wherein said application is deficient within thirty (30) business days. In the case of a variance or special exception application requiring site plan approval, the site development plan application shall be subjected to preliminary review and written comments by the Planning Board within sixty (60) days of such request by the Board of Appeals. In no case may the Planning Board grant site plan approval prior to the issuance of a Special Exception by the Zoning Board of Appeals, if such is required. Before the Planning Board can approve any application for the amendment of a use or structure for which a Special Exception was granted, the applicant must obtain permission from the Zoning Board of Appeals to expand or otherwise alter or change, either the use or the stuct~re. The Plann'ng Board may vary or waive parking requirements provided that such chanqe will not have a detrimental effect on the publi~: health, safety, or general welfare and will not have the effect of nullifying the intent and provision of the Zoning Code. The Planing Board may allow or require landscaping to be installed in place of specified parking spaces. Any site for which the Planning Board grants approval, for less than the required number of spaces for that use, the Planning Board shall have the right to review the_.p, arking requiremei~ts again if a change of use is proposed. o Review of a new site plan for a lot on which an approved site plan already exists shall not proceed until the approved plan is withdrawn by the applicant. ' When the Planning Board determines said application to be acceptable, it shall within ten (10) business days of such determination distribute said application and documentation to the Town. County and State agencies having jurisdiction, for their comment. Upon receipt and review of written comments from each of the agencies to which the proposed site plan was distributed, the Planning Board shall within a reasonable period of time, not to exceed thirty [30) days, determine whether to require revisions to the proposed plan. Fo Ho Jo APRIL 11, 1989 No decision bn the aP~ii:~'~[~ ~11 be mad~ until the SEQRA process is completed. After the Planning Board has determined that the proposed site plan is suitable for approval, it shall: Forward the plan to the Building Inspector for final review and certification. -.4. No Forward the plan to the Fire Commissioner of the Fire District within which the-site is located for a determination as to whether a fire well is needed and if so, its location. Notify the applicant in writing to make an application for the appropriate curb cut permits. Submit'the proposed site plan to the Suffolk County Planning Commission in accordance with the- provision of the Suffolk County Charter, if necessary. Upon receipt of the Building Inspector's certification, the Fire Commissioner's response, the curb cut permits, and the comments of the Suffolk County Planning Commission, the Planning Board shall place the site plan on the agenda of the next regularly scheduled public meeting. If the Planning Board determines that a public hearing is necessary, it shall schedule and hold same. Notice shall be given at least ten (10) days prior to the dates of such hearing by publication in the official Town newspaper. The applicant shall, by certified mail, give at least ten (10) days notice of said public hearinq to all adjoining property owners witin a five hundred feet (500') radius of the proposed project. Prior to the Planning Board's endorsement of the site plan, the Applicant must sign a statement placed on the site plan indicating his/her knowledge and acceptance of the conditions of approval. Amendments to an existing site plan may be acted upon in the same manner as a new site plan. A guarantee of performance may be required for all public improvements as part of the conditions of approval. Such guarantee shall be based on a listing of required site improvements in accordance with chapter A106 of this article. Within ten (10) days of final approval a copy of the endorsed site plan shall be sent to: 1. the Building Department 2. the Town Engineer. 3. the Town Trustees. when applicable. 4. the Highway Department. 5. the Zoning Board of Appeals. when applicable The Planning Board shall have the right to deny the proposed site plan for lack of compliance with the provisions of the Town Code. The Planning Board shall notify the applicant, in writing, within ten (10) days of such determination, of the reasons for such denial. 303 304 APRIL 11, 1989 Section 100-255 Expiration An approved site development plan shal. be valid for a period of three (3) years from the date of approval. All work proposed on the plan shall be complete within three I3) years from the date of approval unless a longer period was approved or the applicant obtains an extension from the Plaaning Board. All site plans which have received final approval prior to the enactment of this ordinance shall remain valid for a period of three 13) years from the date of such enactment. This period will begin when all governmental approvals have been obtained. Section 100-256. Application elements. A. Submission of a complete site plan application shall consist of: 1. A completed site plan application form, Site plan review fee, as specified in subsection B. below, 3. A completed Environmental Assessment Form 4. Nine copies of the site plan, Four copies of a property survey, certified by a licensed land surveyor. B. Fees The application fee for a new ~ite plan shall be one hundred and fifty dollars ($150) per-acre or any fraction of an acre thereof, plus two and one-half cents 12.5¢) per square foot of building area. The application fee for a revised site plan shall be one hundred and fifty dollars [$150.00) plus two and one-half cents (2.5¢) per square foot of buildln9 area. Ce Standards 1. Site plan design shall include the following items: a. Technical Data Lot, block and section number, of the property taken from the latest, tax recor~Js. ~ .... 2. Name and address of the land owner on record; .. a. Name and address of adjoining land owners. b. Name and address of applicant, if not the same as the land owners. Name and address of the person, firm or organization preparing the map, sealed with the applicable New York State license seal and signature. Date, graphic scale, North point, whether true or magnetic. If magnetic, show date of reading. APRIL 11, 1989 Survey prepared by a licensed Surveyor or Civil Engineer. The site plan may reference a land surveyor's map o~ base reference map. All distances shall be in feet and hundreths of a foot. All angles shall be given to the nearest 10 seconds or closer. 'The error of closure shall not exceed one in 10.000. The locations, names and widths of all rights of way, within 500 feet ~f property lines. If none exist within 500 feet of subject property, indicate distance to nearest intersection with a public street. A separate key mep showing location and owners of all adjoining lands, within 500 feet as shown on the latest tax records, at a scale of one inch equals 100 feet. 10. Location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjoining the property. A complete outline of other existing easements, deed restrictions or covenants applying to the propoerty. Existing zoning, including zone lines and dimensions. 11. Site plans shall be drawn at the scale of an [1") inch equals 120) twenty feet. If all required information cannnot be shown clearly on one plan, the information should be separated as follows: a. Alignment and schedule plan. b. Grading and Drainage. c. Landscaping. d. Other; e.g. site utilities. Natural Features Existing contours with intervals of two 12') feet or less, referred to mean sea level as per USGS datum. Boundaries of any areas subject to flooding or storm water overflows', tidal bays, salt water mar-shes, beaches and all freshwater bodies, including wetlands .and intermittant streams, perimeter boundaries of shoreline bluffs, dunes and beaches. Locatio~n of existing natural features including but not limited to natural drainage swales, watercourses, wooded areas, wetlands, as ~lefined by the New York State Department of Environmental Conservation and the Board of Trustees of SouthoId Town, marshes, ponds, dunes, bluffs, beaches, kettleholes, escarpments, wildlife habitat, flood hazard areas, erosion prone areas, trees of 6" in diameter at a point 3 feet above the trunk base. 305 306 APRIL 11, 1989 Location of any existing cultural and historical features within 500 feet of the property boundaries. Existing building structures and utilities. Locations. dimensions and outlines of all buildings las defined in Section 100-13 of this chapter), and all uses of the site. Paved areas including parking areas, sidewalks, and vehicular access between the site and public streets. Locations, dimensions, grades, and flow directions of any existing culverts, water lines or sewage disposal systems, as well as other underground and above ground utility poles and utility lines within and adjacent to the property. The location and use of all buildings and structures including curb cuts within 200 feet of the boundary of the subject property. d. Proposed Construction The location of propp_sed buildings or structural 'mprovements, indicating setbacks from all property lines and horizontal distances from existin9 structures. The location and design of all uses not requiring structures, such as off-street parking and loading areas and pedestrian circulation. o The Ioca£ion, direction, power level ano time of use for any proposed outdoor lighting or public address systems. The locating and plans for any outdoor signs must be in accordance with applicable sign regulations. Location and details of aprons, curbs, sidewalks, fencing (type and location), grading, including existing and proposed topography with two foot contours, (on site and 200 feet beyond the property line). Spot elevations for buildings and all structures, drainage calculations, details of drainage struc, tures, watershed areas~ .where applicable. ' ~ Grading and drainage plans shall be based upon site stormwater retention, in conformance with Chapter A108 Highway Specification. Location and listing of landscaping, buffering and street tree plans includih9 type, material, size, quantity ~nd location. Location of water and sewer mains, electrical service, cablevision and telephone installations, 9round transformers, fire we]] and fire hydrants and/or any alternate means of wa~er supply and sewage disposal and treatment. 11, 1989 3 0 7 9. Building elevations for all facades; floor plans showing proposed use of floor area. II. This Local Law shall take effect upon its filing with the Secretary of State. 37.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy~ This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 38 is to appoint June A. Cross as a part-time Clerk Typist for the Recreation Department. 38.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints June A. Cross as a part-time Clerk Typist for the Recreation Department, April 13 and 14, 1989, for the purpose of orientation, at a salary of $6.50 per hour. COUNCILWOMAN COCHRAN: Just a word of explanation. With Ken (the recreation director) getting married, and he's not going to be there for a week, there's two days that she's coming in as a part-timer, and then we'll then hire her as the full- timer. It keeps everything straight. So that's why the second resolution looks like the first, but it's not. 38.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 39 is to appoint June Cross as a clerk tyPist with the Rec. Department, effective April 25, 1989, at a salary of $17,474.32 per year. I offer that. Amended 4/25/89 Resol. #10 39.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby appoints June A. Cross as a Clerk Typist for the Recreation Department from the Suffolk County Department of Civil Service Certification of Eligibles, effective April 25, 1989, at a salary of $17,474.32 per annum. 39.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 40 is to renew a trailer permit. 40o-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the application of the First Baptist Church of Cutchogue for renewal of their single family house trailer used as a parsonage, located on the north side of Middle Road, Cutchogue, which permit will expire on April 14, 1989, be and hereby is granted for a six (6) month period. 40.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 41 is to create another position for a clerk typist. Rescinded 4/25/89 - Resol. #5 41.-Moved by Justice Edwards, seconded by Councilwoman ~arsen, it was RESOLVED that the Town Board of the Town of Southold here~by create§ the full- time position of Clerk Typist for the Board of Appeals office, and sets a salary of $17,474.32 per annum for said position. 41.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly.ADOPTED. SUPERVISOR MURPHY: Number 42 is to authorize the attendance at a conference. 42.-Moved by Councilwoman Cochran; seconded by Councilwoman Oliva, it was RESOLVED that the Town 'Board of the Town of Southold hereby authorizes all Town Board members to attend the "Reducing the Waste. Stream: Makinc~ Recyciinr~ Work" conference to be held on May 31, June I, 2, 1989 at Cornell University, Ithaca, New York, AND the 1989 National Forum on Integrated Waste Manac~eme~t to be held on July 17, 18, 19, 1989 at the Grosvenor Resort Hotel in Lake Buena Vista, Florida, and the registration fees and necessary expenses for-travel, meals' and lodging shall be a legal charge against the Town Board's 1989 Budget. 42.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. 308 SUPERVISOR MURPHY: Number 43 is to authorize the Town Clerk to advertise for bids for a Justice Court addition to this building. I offer that resolution. 43.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for a Justice Court office buildinL~ to be located at the site of the Southold Town Hall. 43 .-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 44 is to accept a proposal of H2M. 44.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Holzmacher, McLendan & Murrell, P.C., as outlined in Task ~4 of their letter of March 28, 1989, with respect to enc~ineerin~ services with the contract nec~otiations for the Town of Southo~d Compostinc~ of Municipal Solid Waste/Sludge Program, at a fee on a per diem basis with an upset budget of $17,500.00. 44,-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Justice Edwards, ' Cochran. Supervisor Murphy. Abstain: Councilman Penny, Councilwoman This resolution was delared duly ADOPTED. SUPERVISOR MURPHY: Number 45 is to advise the Planning Board that the fee schedule contained in Section 100-255[B] of Site Plan is in error, and that the fees to be charged shall be as set forth in the proposed Site Plan Amendment. I offer that resolution. 45.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby advised the Plan- ning Board that the fee schedule contained in Section 100-255[B] of Site Plan in the Zoning Code is in error, and that the fees to be charged shall be as set forth in the proposed Site Plan Amendment. SUPERVISOR MURPHY: What we're doing is bringing the fees into the new Site Plan. There was a mistake and it's very expensive for people, and to much of a charge for site plan review. It was very excessive. 45.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. Abstain:Councilman Penny. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: That's the end of our prepared agenda. At this time, I would like to ask any Councilman if they have anything further to comment on. Ruth? COUNCILWOMAN OLIVA: No, thank you. SUPERVISOR MURPHY: George? COUNCILMAN PENNY: No, thank you. SUPERVISOR MURPHY: Jean? COUNCILWOMAN COCHRAN: Nothing. SUPERVISOR MURPHY: Ellen? Thank you. SUPERVISOR MURPHY: Raymond? COUNCILWOMAN LARSEN: I'd like to comment on the Carr/Norris change of zone. It became evident that a complete upzoning of the Norris property to an R40 zone, without the change to allow density on the Wanat property would be impossible. We were not able to get the support needec~ on the Town Board to do that. I feel had the 108 units been placed on the-Wanat property, we would have been looking at a very ~nvironmentally disastrous proposition for the Town. I spent many, many nights and evening thinking about this. It was with regret, that I passed this resolution. I think that we took a step in the right direction when we put it in R40 rather than hamlet density today. There is no real winners in this situation, and in my judgement I think this is the best for the Town. It was with relief, and with regret, that I passed this. Thank you. C SI APRIL 11, 1989 309 JUSTICE EDWARDS: The only thing I h~ve to offer, Frank, is I spent two and a half hours in Motor Vehicle on Monday, doing my own thing, and in two and a half hours I took care of 16 pieces of motor vehicle applications for the people o Fishers Island, which included some motor vehicle photo liscense applications. 7he cameras on Fishers Island have taken fifteen photos so far. I have another 1) to take, and i'll be bringing the camera back to Motor Vehicle,,, They've a lowed me to keep it three weeks this time, which has made it very he pful to t ~e people on the island. It's a lot of work, but I don't mind doing it, because I realize the problem that the people have over there ~n getting to Riverhead, o getting to White Plains to get this done, so it's very nice of the Motor Vehicle t~ allow these things to come to past. With that, thank you, Frank. S JPERVISOR MURPHY: The only comment I have, I'd like to just say basically tl~e same thing that Ellen had commented on. I think it was a very tough decision, a~d I think it's one that hopefully will work out for the best. It's unfortunate tl~at a situation happened many years ago, and I think this is hopefully a very g)od solution. At this time, I would like to ask anyone in the audience if they w)uld like to address the Town Board on any matter at all. Starting on my left? F 'ank? 'RANK CARLIN: I'm Frank Carlin, from Laurel. I noticed the last time I was ere, when I mentioned sign improvements up in Laurel. I don't see anything oing on there, and it's going to open in a couple of w~eks. (Information booth) there any reason why that sign hasn't been improved on? :)UNCILWOMAN COCHRAN: We have a meeting tomorrow scheduled. We'll put ~at on the agenda for tomorrow. As you know we're in the process of doing ~e whole site, so that will be a part of the whole correction. RANK CARLIN: So will that have something to do with my problem? OUNCILWOMAN COCHRAN: Yes. The turning around. I'II make a note. OUNCILWOMAN OLIVA: And, Frank, I brought it up on Commerce and Industry Committee, and they agreed with you, so we'll work with the Highway Committee t~ get some signs up. We are working on it. S JPERVlSOR MURPHY: It does take time, Frank, because it has to go through tl~e State. F~,ANK CARLIN: My main comment tonight, is I wonder how many people in S)uthold Town, 22,365, really understand what this Southold Town cesspool o~'dinance law is. I don't think too many do, because when I mention it to people t~ey say, what are you talking about? Well, let me explain what it's all about from my own experience. A while back, I thought I had some cesspool problems. S.~ this was on a weekend, so I realized that the cesspool probably hadn't been p~mped out for awhile, so I didn't want to lift up the lid and all that, so Monday m)rning when I went back to work, I gave the cesspool man a call. Not mentioning t?e cesspool company. So he came down, and looked in. He came to the door, arid said to my wife, Mrs. Carlin the cesspool is only half full. So my wife said, w,,ql, while you're here pump it out. So he pumped it out, so I get a bill, pump oLt cesspool $100.00, Southold Town fee $10.00, with tax it's $118.00. Okay. M'f wife sends a check in, he sends it back, the check and says that was an in- ccrrect bill. Now I get a bill for $110.00, Southold Town dumping fee $30.00, s~les tax $10.00. Now I'm up to $150.00, and that's not~inclu~ling my $i0.00 for the permit. When I called the man up, I said, being that the ordinance law r~quires that I pay 2 cents per gallon to pump out, it was a penny, now it's 2 c~nts, how do I know how much you pumped out? You don't say on the bill. D~.n't you have a meter? He said, no, we average it. Well, when you go to buy g~soline, you want 1~o know how much gas you're pumping out of a pump, don't ycu? If someone delivers fuel oil ~o your house, you want to know ho~w much fu~l you're putting in there. So according to him, he must have pumped out 15:)0 gallons to pay $30.00, which I doubt I have a cesspool that's 1500 gallons. B~ck to the main permit. I knew this was going to get back to the Town, because I knew he had to report this to the Town, so I get a letter from Mrs. Terry s.~ying, Frank, you have to fill out an application. Which I did. Mailed it in. ~T.en dollars. Got it back. Here's the letter here. Insufficient information on here. ,They want to know location of the cesspoo , ind cate this by a sketch, diagram, Ic~cation of buildings, cesspool, distance, feet from bui dings, closest road, arrow !~dicating north and south. My God, man, I ain't build nga new cess ool here ~'m just hav ng a half of cessnool ~umned out What are we d ' P ?' I ha ....... ~- ,- ,- · o,ng here, Frank. u a na~ oz cesspool pumped out. 3UNClLWOMAN OLIVA: Frank, I sympathize with you. JPERVISOR MURPHY: Finish Frank, and I'll try to explain for you. 310 APRIL 11, 1989 FRANK CARLIN: It getting tcoquiet here, anyway. Here's the ordinance. Technically, there's nothing on here said I have to pay for this to be pumped out, because the way it says here, construction of, modification of cesspool or new cesspool. This is actually written for a new cesspool. Now, you might have meant, but you didn't mean what it says here. Now let me read this to you. In addition a operation permit will be required at the time existing premises are pumped out of your - septic - tank or cesspool. Now how can I pump out my premises out of n~y cesspool? Who made this up? COUNCILWOMAN COCHRAN: Read it, again, Frank, please. facetious. I just want to hear how the wording goes again. facetious. Please. I'm not being I'm not being FRANK CARLIN: "In addition, the operation permit will be required at the time existing premises are pumped out of septic tank or cesspool solid waste." COUNCILWOMAN COCHRAN: I got you. FRANK CARLIN: Now, before that, I'll go into, modification permit will be required for any new or existing work to be conducted on septic tanks or cesspools. So there's nothing in here that says I have to pay that. Understand what I'm saying? You know the problem with this, and I'm not addressing only you, Frank, but the whole Board here, is you're feeing people to death in this Town. If it ain't this fee, it's yard sales. If it's not yard sales, you increase the your fees on public permits. What is it, $150.007 $160.00 now? You increase the fee on the Landfill, which normally we pay taxes on anyway. You're increasing all these fees. The people in this Town have enough now with taxes, let alone paying all these extra fees, but this is ridiculous, Frank. You charge me for something that you don't even indicate how many gallons he pumped out, as far as I'm concerned is illegal. Let's review this thing. A half of cesspool, I don't know how much, he says, half or he says $30.00. It had to be 1500 gallons, but he don't know, and I paid $30.00. Now if it was 2,000 gallons, it would be $40.00. So I end up for $110.00 job, I end up paying to the Town, $40.00 to have a half of cesspool pumped out. This don't make sense. You got people living in this Town, Frank, that are living on fixed incomes. A lot of people on Social Security checks, they can't go through all this nonsense. COUNCILWOMAN LARSEN: A lot of people raising families. FRANK CARLIN: Absolutely. That.adds to the fire. There are a lot of people that want to build a home, that can't build a home. They want to buy propert~y. They can't build with two acre.s. Can even afford to _b_g~v two acres let alone put a house on it. SUPERVISOR MURPHY: Frank, let me explain the scavenger waste to you. We received State and Federal aid. We had to build, by law, we had to build, we had to stop dumping the raw sewage or waste in the landfill. We were contaminating our own groundwater. We built a. plant. We received92~,'° a little over 92~o, of federal and state funding, and they mandate that this is to be paic~ for 60% by user fees, and 40% by assessed valuation in the Town. You pay part of this, also, the operation of that scavenger waste plant in your tax bill. Two cents a gallon provides approxima~tely 60% of the revenue to operate that plant. This we have to do by law, in order for us to receive the gift, which is really not a gift, it's all coming out of our pockets, we know that, but it came from Washington and Albany to build this multi-million dollar plant. We would never have been able to afford it without the State and Federal aid, and this is part of the regulations, and the regulations concerning the identification and location of tile cesspools is part of the State and Federal regulations. There will be, and part 'of the record keeping we have, everytime your cesspool is pumped out, there will be an inspector sometime in the future starting to come around, and actually checking inspected cesspools. We did get a variance on that, and that if our records show that your cesspool has only been pumped out once every ten years, that we don't have to send an inspector as the law had said every three years. We now, through Bob Tasker, we were able to strike that out and it held up when we had our rules and regulations approved, ~nd it is for the benefit of the people. I agree with you on fees. These fees are mandated because we received over two million dollars in State and Federal aid. FRANK CARLIN: Fine, Frank. Very good. But why can't some of these fees..we pay enough taxes, let some of our tax money go to some of these fees, instead of making us... SUPERVISOR MURPHY: Some of it does, and the whole idea of fees are those who are using something more, to pay more than those who are not using. FRANK CARLIN: You're charging 2¢ a gallon, right? Okay, you want to get 2¢ a gallon, fine. That gives somebody who has less to pay, or somebody has more to pay amount of waste comincl out of your cesspool, but then you zap them APRIL 11, 1989 3 I 1 with another $10o00 for the permit." Then you go through all this unneccesary paper work, fillin9 out all kinds C~f fot'm's here. SUPERVISOR MURPHY: This is not unneccessary, Frank. It's part of the law, When we agreed to accept over two million dollars in 's't'ate and Federal aid. We have to comply with this. It's unforunate, but we have to comply with this. FRANK CARLIN: The law says you have to..all these sketches, indicating..like we're building a house? SUPERVISOR MURPHY: Definitely,yes. It's to locate a cesspool, and it's for your benefit, and your neighbors benefit in the future, so that you know where these cesspools are, so when there's someone coming to build next to you, will not be putting their well, because your cesspool is hid. It is now Iocateble, and we'll know where to locate the well for that other property, so as to prevent some health problems. FRANK CARLIN: That should be covered when you apply f6r a building permit. SUPERVISOR MURPHY: When your house was built, this was not done. This is why. All new construction, yes, this is done. FRANK CARLIN: Absolutely, new construction. My house was built,.eighty years ago. SUPERVISOR MURPHY: That's just what I said. FRANK CARLIN: Do you have a few more minutes? SUPERVISOR MURPHY: Sure. We're here FRANK CARLIN: I still can't see paying the $10.00 permit, though. If you want to charge 2¢ a gallon, fine, but why the $10.00 permit fee? I don't understand that. You're getting 2¢ a gallon. You want it all. Okay. I was going to bring up at another meeting. It will take about ten minutes. Is that alright? I want to talk about the biggest cesspool we have in Southold Town. On February 26th, 1987, State Department of Environmental Conservation made a report ot Southold Town~; that they believed that hazardous waste was dumped in the Cutchogue Landfill, .'a-s early as .1970 and 1980. When I can remember, I lived here 35 years, and that landfill was open with this salvage waste pit ~,~re for over 35--years. It must have been way before that. It must have been since the landfill opened up,.".and at that time, you never had no gauge, you nev.er had no control over it. It was wide open. People would drive in there coming from all over, all over, didn't know where they were coming from, and dumping raw sewage into the pit. Nobody had any control. Nobody. can say they did, because they didn't. Now you have the gate closed at certain hours. You have a gate there, and a booth. You had nothing then, and they recommended that Southold Town correct this. Now we had no liner in.there, in one area. You recognize that Southold Town correct this, but before this,do-this, make the study of it. In February, in March the month after, study was made by H2M, and it was found that dangerous toxic chemicals, oils, chloroform.,or whatever was dumped in that pit, in those years, and that it is possibly getting into our water at a rate 'of one foot per day. In ' '87 I took pictures of it. Here's what that'biggest cesspool in Southold looked like. I took it a block away in color, and it's still existing there now, and there's no way you're going to clean that up. That's been there for years, That's been. in the ground. That's going in the ground, and you're worrying about my cess- pool. That's the one you should be worrying about. It was allowed to happen with no liner. That stuff stayed there for years, right out in the open in the hot summer months. People didn't realize this. You can see the pictures of it here. This is '87.' Fermenting. Flies in there. Carrying them all around the town, germs. Nobody realized that at that time, did they? SUPERVISOR MURPHY: That's why we built the plant. FRANK CARLIN: But that's Why you still got that there, too, and what are you doing about it? I don't think you're going to do much about it, Frank. That's down in there now. What are you doing about it? You're worrying about., and I understand that you're pumping out cesspools for environmental reasons, but that is one of your most important ones riqht there. What are doing about that? That was allowed to go on for fifty years.- I'm not mentioning the company who dumped oil in there. I'm not going to mention that company. Oil in there. There's everything in there. Can you imagine, Frank, for fifty years trucks going in there every day pumping raw sewage, 'dumping it in there, how much is in there at a Iow area getting into the water. A man indicates right here, a foot a day, and that was in t87. I don't know what you're going to do about it, but have you made study now, and see if this is true. or not~ or what you can do about it? I don't think you can do anything about it. I think the horse is out of the barn. 312 APRIL 11, 1989 SUPERVISOR MURPHY: Frank, the reason we built the plant was because of those lagoons. Those lagoons have been cleaned out about a year and a half now. They've all been cleaned out. They have been composted with leaf and yard wasl~e, and they're stabilized, and material that's going to be used in the landfill. The reason we did that was in compliance with the DEC regulations. That's why we built the plant that you're complaining about, and why we have to have this. True, we were contaminating our own groundwater. We're trying to clean it up. There was no such thing as a scavenger waste plant going back in the 70's, and this was innovative design. It's working very well, and it's in conjunction with the Greenport sewer plant. The all~gati'ons about people dumping oil and various hazardous chemicals are only accusations. They were never documented. There's a record going back into the late 70's, early 80's on this. It was inspected. We ~ did speak to the people who were accused of it, and quite frankly, I believe the people who are operating a business in Southold Town at that time, who were accused of it, I believe that they would never do something like that. They are a very honorable family, and an excellent employer in this town, and I guarantee you they never dumped any of this material in. There were stories sevecal years ago, that it was dumped in, and in actuality the drums were left up there, and one of the oil .people who came around buying oil at that time, bought it and used it to incinerate, to heat buildings. FRANK CARLIN: Frank, you can say you cleaned the top up, but it's right in the ground. SUPERVISOR MURPHY: We know that. FRANK CARLIN: That's the problem. It's right in the ground. You can say that you don't believe people dump stuff like that, but you're not there 24 hours a day. You wasn't here for fifty years. Neither was anybody else. SUPERVISOR MURPHY: We're trying to clean up the mess, and to not to ever allow that to happen again. FRANK CARLIN: People come in from all over, from out of town with cesspool waste and dumping it. SUPERVISOR MURPHY: That's why your taxes are hiqh, because we have to put in precautions, and we have to take remedial action. It cost a lot of money. Those lagoons were about an acre and a half to two acres a piece, arid they had about 25 to 30 feet sludge in each one, and do a little mathamatics and you'll see how much sludge came out of it. FRANK CARLIN: One more thing. Back to the permit and the cesspool, that the 'nspector comes in, the inspector comes in and looks at your cesspool, so he can determine.. What happens if the guy looks in, and he'falls in and he gets completely cove~ed? COUNCILWOMAN COCHRAN: Put the lid on. SUPERVISOR MURPHY: Don't say a thing. COUNCILWOMAN COCHRAN: I couldn't let that go by. JUSTICE EDWARDS: Don't flush t.he toilet. SUPERVISOR MURPHY: Are you finished, sir? FRANK CARLIN: I think so. SUPERVISOR MURPHY: Is there anyone else on the left ~ike to address the Town Board? (No response.) Anyone in the middle? Yes, ma'am? KATHERINE SIMIClCH: My name is Katherine Simicich. I live on Bergen Avenue, and I'd like to address my comments to the Carr/Wanat. ] think the Southold Town Board has lost their credibility as elected officials for the Town of Southold by downzoning this piece of property on Bergen Avenue. You're going to have to justify to every person that comes in here, and that wants to get a downzoning, a zone change, and its on your mind, and it's on your conscience, and I think we're here for a wake. We're here for the wake of the people of the Town of Southold. That you don't realize what you did, what kind of Pandora's box you opened up tonight. Thank you. SUPERVISOR MURPHY: Thank you. Is there anyone else who would like to address? Sir? WILLIAM DOBESI: My name is William Dobesi. I live on Bergen Avenue. I want to talk on the subject that doesn't smell like roses, the one that I think smells worse. In time to come, you're going to rue the decision you made regarding APRIL 11, 1989 3 I 3 transferring the property. I think .it's just a ploy, and it will not succeed. think if we live long enough, we'll rue the decision you made. SUPERVISOR MURPHY: I hope not. Thank you. Anyone else in the middle like to address the Town Board? Sir? BILL HESS: My name is Bill Hess. I'm adjacent to the Wanat property. I was fortunate to talk at the Town Board the last time around, and in looking at the environmental impact statement, I think you, also, created a public beach up on the Sound. I hope the Town is prepared to provide some, perhaps some life guard service up there. Basically, you're putting in almost 100 houses, 80 houses, 100 houses. According to. the environmental impact statement you have 2.39 people per house, so on a nice hot 4th of July, you might have 250 people on the beach. You might not have enough room on that beach for 250 people. Second of all, I'm concerned about the safety of all those people, also, the refuse that they might generate and that type of thing. So it's something that I think we're still going to see this problem come up again, perhaps in a different form. That's just a point to bring up. SUPERVISOR MURPHY: Thank you. Anyone else in the middle? (No response.) Anyone over on the right? Ed? ED SIEGMANN: I'm Ed $iegman from Mattituck. You listened to me on this subject for about 2½ years. I think one more day can't hurt. I want to thank you for your deliberations, and I want to thank you for listening to us. We felt we had a real problem that had to be solved. We didn't care for it to become an issue between two neighborhoods. We would have preferred that it hadn't. We think you had a hard decision to make, and we're hoping when all the emotions die down, that everyone will realize that your decision was made for the benefit of Mattituck and Southold as a whole. Thank you. SUPERVISOR MURPHY: Thank you. Anyone else over on the right? (No resonse~) If not, a motion to adjourn is in order, and thank you--for co.~ing out. - Moved by Councilwoman Cochran, seconded by Councilman Penny, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 8:45 P.M. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Co_uncilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly'ADOPTED. Southold Town Clerl~