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Home My WebLink AboutTB-04/25/1989314 SOUTHOLD TOWN BOARD APRIL 25. 1989 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, Assistant Town Attorney Robert H. Berntsson, Town Clerk Judith T. Terry. 9:00 A.M. - Board of Appeals Chairman Gerard Goehringer and Board of Aplpeats members Charles Grigonis, Joseph Sawicki and James Dinizio met with the Board. Mr. Goehringer, spokesperson, explained the duties of his board, duties of his staff, utilization of com- puters, preparation of an application for public hearing, various types of applications, interpretations, decisions, as well as general case histories. Mr. Goehringer requested the appointment of another full-time person, stating that Mrs. Kowalski, Secretary to the Board, will be leaving Town employment on August 1st. He would like a stenographer hired to be trained before Mrs. Kowalski leaves-(see resolution no. 53 to create a steno- grapher position for that office). 9:50 A.M. - For Discussion Items: (1) Appointments to the Open Space Committee. The Board agreed to the reappointment of Frederick Ross and Richard Ryan for a two year 'term (see resolution no, 40). (2) Possible contribution of funds to the Eastern Suffolk School of Music, Supervisor Murphy asked that this be held until he has an opportunity to discuss with Southampton Town the manner in which they contribute. (3) Proposed 'solution to problems of landmark residents in business areas and lack of affordable housing submitted by the Landmark Preservation Commission. Board will discuss this further with the Commission. (4) Receipt of a Civil Service List for the position of Ordinance Inspection. Provisional Ordinance Inspector Vincent Wieczo'rek is on the list (see resolution no. 41 for his appointment). (5) Suggested ioint monthly meeting of various Boards, especially the Building Department, Board of Appeals, and Planning Board. Town Attorney Schondebare will coordinate such meetings. (6) Receipt of recommendation from the Planning Board with respect to a proposed "Local Law in Relation to Zoning" concerning the new Site Plan Article_ (see resolution no. 42 for date of public hearing on same). (7) Letter from Gary and Barbara Rutter :request- ing the Board to renew their trailer permit. Mr. & 'Mrs. Rutter were advise!d in August of 1987 that their permit would expire by March 21, 1989 and the trailer must be re- moved. Town Clerk was instructed to contact Mr. & :Mrs.. ~-Rutter-and ask them to come · before the Town Board to discuss their request which is pending the receipt of a build- ing permit. (8) Letter from Holzmacher, McLendon & Murrell, P.C. informing the Town of a NYS-DEC Solid Waste Management Planning Grant Program. (9) Decision on the SEQRA Findings and the Change of Zone petition by D.B.M. Co. (see resolutions 43 and 44 granting the change). (10) Appointment of members to the Farmland Com- mittee was held for executive session at 11:45 A.M. (1'1) Discussion relative to continu- ing services for the Town Green at Main Road and ¥oungs Avenue, Southold. Lawn mowing maintenance will be continued by Ron Garsik who had been contracted by Peconic Land Trust, as was Briarcliff Landscape for lawn care. Councilwoman Cochran will follow-up on any other needed services with Superintendent of Highways Jacobs. (12) Donation of a Town flag to the Vietnam Veterans memorial, Hauppauge (see ~esolution no. 45). (13) Letter from Elizabeth Ballenger LaFond concerning the change of the name of Old Wood Path to Private Road #10. The Town Board adopted a resolution on September 25, 1984 naming that private road Old Wood Path. Supervisor Murphy will respond to Mrs. LaFond advising her that the Old Wood Path road sign will be re-erected. (1'4) Review of the proposed plans and specifications for the modular building to be erected behind thA Town Hall for the Justice Court. See resolution no. 46 engaging the services of Samuels & 'Steelman to prepare the formal plans and specs. (15) Super] visor Murphy advised the Board that he.had appointed Councilwomen Cochran and Oli~~-'' and Leagu~eof Women Voter's representative Betty Jessup to rel~resent Southold Town o a committee of the five east end towns to develop a recycling program. (16) Request from Bookkeeper John Cushman to rehire college student Sandy Berry to work as a Clerk in the Accounting DeF~artment during the summer months (see resolution no. 47). (17) Councilman Penny reviewed a computation of the amount of household garbage going into the Disposal Area by private carters and homeowners during the period of November 1987 to October 1988. His figures reveal that only 1!7.25% is brought in by homeowners - 3,551 tons. During that same period private carters brought in 16, 980 tons, an average of 47 tons a day. 11:10 A.M. - The Board met with Alan Kaplan, G.C.G. Risk Management, William F. Mullen, Jr., Town Insurance Cons~Jltant, and John Cushman, Bool~keeper, to discuss the proposed Medical Selfdnsurance Program. Mr. Kaplan advised the ID cards, claim forms and booklets will be ready for distribution on May 1st when the program goes into effect. He then reviewed the coverage differences between Empire and the Town Program. 11:45 P.M. - On motion of .Supervi~br Mb~p~hy, seconded by Councilwoman CoChran, it was resolved to enter into an executive session to discuss the self insurance program a~d appointments to the Farmland Committee. Vote of the Town Board: Ayes: Council- woman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. -- The Board discussed the pros and cons of entering into the a self insurance medical program effective May 1, 1989. It'was agreed that the PBA will remain in the Empire Plan 'and the remainder of the Town employees will be entered in the Town's Self Insurance Program. 12:45 P.M. - Recess. forilunch. 1:30 P.M. -WOrk Session reconvened and the Board audited outstanding bills. 2:05 P.M. - George Desmarais, representing Holzmacher, McLendon & :Murrell, P.C., met with the Board to explai~ the recent billing with respect to engineering fees regarding the Compostir~g of Solid waste/Sludge Program of the Town. See resolution no. 51 :authorizing the payment of certain fees. 3:00 P.M. -_Regular Town Board meeting. 4:15 P.M. - On motion of Councilman Penny, seconded by Councilwoman Oliva, it was 'resolved to enter into~an executive session to discuss the possible purchase of the' Carey Tank Farm, Mattituck. Vote of the Town Board: Ayes: Councilwoman Larsen, Coun,cilWoma~ 0lira, Councilman Penny, Councilwoman Cochran, :Justice Edwards, Super- Visor Murphy. 4:'45 P.M. - Following the executive session a Speci.al Meeting of the Town Board was held to begin the SEQRA process with respect to the possible:purchase of the Carey Tank Farm. REGULAR MEETING 3:30 P.M. A Regular Meeting of the Southold Town Board was held on Tuesday, April 25, 1989, at the Southold Town Hall, Main Road, Southold, New York, Supervisor Murphy opened the meeting at 3:00 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 business is approval of the audit of the bills of April 25, 1989 Moved by Councilwoman Larsen, seconded by Justice Edwards, it was RESOLVED that the followin9 audited bills be and hereby ordered paid; General Fund Whole Town bills in the amount of $58,771.03; General Fund, Part Town bills in the amount of $18,511.28; Nutrition Fund bills in the amount of $3,925.51; Adult Day Care bills in the amount of $239.82; Home Aide Program bills in the amount of $54.89; SNAP Program bills in the amount of $1,260.72; Community Development Fund bills in the amount of $300.00; Highway Fund, Whole Town bills in the amount of $14,747.59; Highway Fund, Part Town bills in the amount of $7,857.07;CHIPS (Highway Department, Part TOwn) bills in the amount of $3,943.50; Fishers Island Ferry District bills in the amount of $5,413.50; Fishers Island Sewer District bills in the amount of $672.10; Southold Wastewater District bills in the amount of $28.00; Southold Agency & Trust bills in the amount of $1,746.87; Fishers Island Ferry District bills in the amount of $329.21. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. 316 ^P.,. ,.,989 SUPERVISOR MURPHY: Next is a resolution approving the minutes of a special Town Board meeting of April 11, 1989. Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the minutes of the April 11, 1989, Special Town Board meetinc~ be 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 approving the minutes of the regular Town meeting of April 11, 1989. Moved by Councilwoman Larsen, seconded by Councilwoman Cochran, it was RESOLVED that the minutes of the April 11, 1989, regular Town Board meeting be and hereby approved. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edward,s, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Next is a resolution setting the next meeting date May 9, 1989, 7:30 P.M., Southold Town Hall. Moved by Councilman Larsen, seconded by Councilwoman Oliva, it was RESOLVED that the next re~'lar meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday, May 9, 1989, at the Southold Town Hall, Main Road, Southold, New York. Vote of the Town E~oard: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This res.olution was declared duly ADOPTED. I. REPORTS. SUPERVISOR MURPHY: There will be no special proclamation today, and Item I on your agenda, reports. These are all on file in the Town Clerk's Office. 1. Planning Board Monthly Report for March, 1989. 2. Substance Abuse Coordinator Monthly Report for March, 1989. 3. Town Police Department Monthly Report for March, 1989. SUPERVISOR MURPHY: At this time, I'd like to ask the Councilman if they have anything special to report, starting on my right with Ruth Oliva. COUNCILWOMAN OLIVA: Thank you, Frank. On April 13th, Frank, Jean and I traveled to the DEC, and met with members of the DEC from, both Stony Brook and from Albany, and with our vendor from Daneco, and from H2M, and we spoke about the composting, about the permitting process, and I thought it was a very productive meeting. We got a lot of things cleared up, and things seem to moving along quite well. On April 18th, we had an informal meeting on the marine zones, and we had some of the marina operator owners here, the Town Board, people from the North Fork Environmental Council, and we just discussed some things about storage racks and that really took up most of the meeting, and Steve Latson from the Waterfront Revitilization just gave a brief overview as to water dependent uses and more enhanced uses, and marinas will be things that they are looking to find more of in this Town, because we really need them.. It was a very good meeting, a productive meeting, and we will have our next meeting, if anybody cares to attend, on May 17th to have some discussion on the marine zones. On _April 19th, I attended a Police Committee meeting. On April 19th, i attended the Commerce and Industry Committee, which George Penny will report on. On April 20th, we had a meeting of the Landfill Committee at the Landfill with the carters to discuss recycling. They seem to be very cooperative, and would like to work with us in any way possible, so hopefully we'll be getting our recycling program off the ground. On April 20th, ~ we had interviews for our Farmland Preservation Committee. On April 24th, we had an executive session with our composting experts to discuss the progress of the negiotiations, and that was a very good meeting, and I think that's it up to _ today. Oh, and last night we, also, met with the Greenport on the Southold Waste- water District, just about some differences in the billings, and hopefully that will be straightened out. Thank you, Frank. SUPERVISOR MURPHY: Thank you. George? COUNCILMAN PENNY: Yes. On the 18th, I attended the meeting with the marina people. On the 19th, we had a Police Committee meeting, where we discussed our negiotiations. On the 19th, we had a meeting of the Commerce and Industry Commit- tee. We discussed their proposed idea of a Town ombudsman. We discussed the 1988 Budget surplus, which is $600,000.00 at this point, and the Commerce and Industry Committee or the Chambers, are interested in having that money returned into the Budget, returned to the taxpayers as soon as possible, and we had to APRIL 25, 1989 3 1 7 ~xplain that ;~his could come off ne~x~ ~earl.s .budget, There's been another request from the Commerce and Industry pebple, Gan' the Town enact legislation when proper- ties removed from the tax rolls, if it is assured the payments, there will be payments in lieu of taxes? I'm sure we're going to hear more of this, particularly when you have an item like Robins Island being potentially taken from the tax rolls in a small hamlet like New Suffolk. If we could pass seine sort of legislation in this Town, that would make it mandatory for the County, if they take Robins Island off the tax rolls, to compensate the Town for the loss in taxes, and thus preserve the New Suffolk school. Econconic Review Statements have been referred to the Code Committee. I'm sure that they'll be on the next agenda, and we discussed the cover at the landfill. On the 20th, the Landfill Committee met, or we met with two of the Town carters to discuss curbside recycling, and their part of it. Most of the waste that is brought into the Landfill is brought in by the carters, and we had John DeVillo and Roy Schelin there representing the carting industry, and they are more than happy to cooperate with the Town. They realize that there's going to be a challange to them, because they're going to have to change their procedure of operation, but they're more than willing to do this. Hopefully, next week we're going to go to Islip and view their recycling operation. On the 20th, I attended interviews of the Farmland Preservation Committee, on the 24th, the executive session on the neg~otiations with Daneco, and on the 24th, which was last night, we had a Scavanger Waste Committee meeting. We discussed the payment in lieu of taxes to the Village of Greenport, which has appeared in their billings to us, and we discussed administrative salaries, and we're going to meet further on that. One item, which I didn't have a chance to the Town Board today, was a phone call which I had from Bob Beniweis from the New York State DEC, and I requested of Bob that he set up a meeting with Town officials and our Town Attorneys very similar to the meeting which the DEC had with John Halsey from the Peconic Land Trust, just to review the Town programs that are available, and if the DEC has any difficulty with those programs, as it meets the needs of the Orient community, and-~_as most people are aware, we have a six month delay, and a con- demnation procedure to work out some of these local concerns without having the people be subjected to condemnation, and Bob is going to get back to me within, hopefully within the next week. We will set up a meeting with him, and hopefully, the Town Attorney, so we can get all this aired so the peo~p-I~ don't feel as if we're just taking a shot in the dark here, and then have to guess whether the DEC is going to accept our program or not. It took me a little while to convince Bob what I was asking, because he was a little reluctant to go over the heads of his people, but I said I wasn't asking for anything more than John Halsey from the Peconic Land Trust had, and he had a meeting up in Albany with Bob, and they ironed out, you know, sitting face to face you get a chance to iron out a lot of problems, especially when you're talking to one of the bosses that's very close to the top. Thank you. SUPERVISOR MURPHY: Jean? COUNCILWOMAN COCHRAN: Yes, thank you, Frank. On Wednesday I, also, attended the meeting in Stony Brook with the DEC, and I, also, felt it was very productive, and a positive line of communication with them. On the 14th, I attended a luncheon in Hauppauge at the Sheridan for the Race against Drug Abuse, accepted the $500.00 grant, which was given the CAST Substance Abuse Committee. We will be using that in a campaign against crack, so it's much needed and we were most grateful to race for the grant. On the 18th, I also attended the meeting that Ruth called in relation to the marine owners in relation to M1 and M2, and it was a productive meeting, and I'm happy to see that another has been scheduled to continue the discussion. Also, on the 18th, I accompanied our Superindendent of Highways, Ray Jacobs, down to Truman's Beach. The DEC wanted to meet and just share with us what they see as site development for that parcel. We, also, had a gentle- man from DOT in relation to curb cuts and so on and so forth. We had hoped when this began, that the DEC could work with the East Marion Park District, it doesn't look like it's going in that direction, but we certainly are, as a Town, interested in how the DEC is going to develop this site, and maintain it. I, also, attended the interviews for the Farm!and Committee, which we will be acting on today. On the 20th, I went to the Riverhead Chamber of Commerce meeting because Mr. LaRocca was speaking, and his topic was the growth in Suffolk County, and the East End. Some of the facts that he shared with us is very interesting. They feel that 25% of our young people have left Suffolk County due to lack of affordable housing. He feels that the economy of the island is still at a high, that we were in a position that we grew with such a sharp incline. Although we're beginning to level off we still have an economy that many other areas wished they had and they feel that our economy is heathy, although we are Iossing many defense con- tracts. Ail and all it was an informative talk, and I certainly thank the Riverhead Chamber of Commerce for extending the invitation. On the 21st, I sat with Jim McMahon, and we spent quite a bit of time reviewing the bids for our Laurel Lake project. We have made the determination on what bids to accept, and we'll be act- ing on that today, also. I, also, sat with the Town Board yesterday in relation to the negiotiations with Daneco, which I felt went very well. That's it. Thank you, Frank. SUPERVISOR MURPHY: Thank you, Jean. Ellen? COUNCILWOMAN LARSEN: Thank you, Frank. On the 18th I, also, attended _the meeting with members of North Fork Environmental Council,the Town Board representatives of the Local Waterfront Revitilization Program, and the marina owners on dialogue with M1 and M2 zones. On the 19th of April, I arranged with the Highway Department for Girl Scout Cadet Troop 811 to do a spring clean up at the base of Horton's Lane and the steps leading down to Long Island Sound. Six girls put in approximately 2½ hours worth of labor, and cleared out 18 thirty gallon plastic bags of garbage. During that time the girls had extensive conversa- tions on littering, recycling programs, garbage and lack of public respect for dumping. We found evidence of household garbage. The' area looked beautiful when the girls were finished. I'd like to personally thank them all very much for putting time in on a beautiful afternoon during their vacation to provide this community service, and would ask that everyone, please, consider the appearance of the Town when deciding whether or not they'l litter. On the 20th, I attended the Landfill meeting at the Town Dump, where we met with the carters as well, and it was decided at some later date we would take a trip to the Town of lslip and look at their recycling program,since it is a model for the country at this point. On the 24th, I attended the meeting between our Bond Cou~.~l and Daneco for the purpose of discussions of negotiations. Thank you, Frank. SUPERVISOR MURPHY: Thank you, Ellen. It used to be a dump. It's now a sanitary landfill. COUNCILWOMAN COCHRAN: It's a dump and it's garbage. I think because we give everything a fancy names psychologically you have a different concept. SUPERVISOR MURPHY: It makes it look better. Raymond? JUSTICE EDWARDS: On the 14th, I sat down with the history class on Fishers Island and gave them a little talk on what my duties were, what we have here in the Town of Southold, what a Board meeting is like, also, gave them some back- ground information on some of the Court cases that I had at the beginning of the month. I left them with I don't know how many reams of resolutions and all the rest of the minutes and so forth of the meeting, of the various meetings of the past two or three months, and they're going to paw through those this week, and come up with any questions. I'm meeting, again, with them this Friday, and last week they had their spring break, and with the money that they saved in their four years, the Senior class went down to the Carribean, and spent a week down in the Carribean so that should have been fun there. Dr. Epstein came over to Fishers Island and spoke with the garbage commissioners over there, in regard to an addendum to the incinerator that's being planned,or possibly replacing that with a compost or another type of unit that he showed us some pictures on, called some kind of a ram. The garbage commissioners were very pleased with what he had to offer, and I believe he's coming back again, and is going to have some other questions. Over the past two weeks, I waited for some of the children to come home from school and so forth, and we got thirty pictures in for the Motor Vehicle driver's licenses., and I returned the camera yesterday to Riverhead, so it's thirty more people from the island that didn't have to travel to White Plains or over here. I, also, sat in on the executive composting session last night, and it was very informative, and I can see were it's going to be costly, but that's the name of the game. This morning I met with Detective Conway to open up some medical reports on a recent accident that was down in Greenport, and these reports came through sealed, and they had to be opened up in my presence, and Detective Conway has been trying to touch base with me for the past two weeks on this. Our affordable housing project on Fishers Island, Walsh Park, is still bogged down in the bureaucra,tic paper work but things seem to moving, haven't broken any ground yet, and we're just waiting for the day that everything is given the okay. We get in there and put some roads in, and structures and start. I think probably sometime before midsummer we should get some foundation holes going. With that, thank you, Frank. SUPERVISOR MURPHY: Thank you, Ray. Sounds good. The only thing else I'd like to add is that I went to the Eastern Lonq Island Execs meeting last Monday, and it was very interesting. Paul Townsend, who has been a opponent of incinera- tion for many, many years, and that we're wasting a lot of energy and should be generating electricity burning garbage, had two people there whb were talking about the, three people actually, about the good effects of recycling, and composting, and the recycling of plastic. Tony Noto was there, gave a presentation on a new system that he's representing the firm on that takes old plastic contaminated with metal, paper, garbage and will actually make construction timbers that could be used for bulkhead material,for park benches, highway guiderail work, so there is hope in the future that some of these materials that are plaguing us in a landfill will become very valuable. And on the same line, Ten Town Supervisors met twice in the last week and working on a plan, and we're coming up, we're using the professionals from the larger towns to come up with the nuts and bolts on how to implement a ten town recycling program, and it probably will be even including the three towns in Nassau County, so it will make us a very large group, a very large block for selling these recycled materials. II. PUBLIC NOTICES. APRIL 25, 1989 319 SUPERVISOR MURPHY: Moving on to Item 2, public notices, there are twelve of them. These are all on file on the Town Clerk's Bulletin Board. 1. U.S. Army Corps of Engineers, N. Y. District; Notice of Application of Suffolk County Department of Public Work~ to dredge with ten years maintenance and beach nourishment at Mill Creek, Shelter Island Sound. Written comments by April 25, 1989. 2. U.S. Army Corps of Enqineers, N. Y. District; Notice of Application of Marine Bay Club for marina expansion at Cutchogue Harbor, Little Peconic Bay. Written comments by May 7, 1989. 3. N.Y. State Del~artment of Environmental Conservation; Notice of Complete Application of Town of Southold to stabilize erodinq bank by placing topsoil, hydroseeding with grasses, and placement of jute mesh at tl~e Laurel Lake Recrea- tion Arear Laurel. Comments to George W. Hammarth, Bldg. 40 SUNY, Rm. 19, Stony Brook, N. Y. 11794 by May 5, 1989. 4. N.Y. State Department of Environmental Conservation; Notice of Com- plete Application of Paradise Point Association to maintenance dredge 500 cu. yds. from two areas of a boat basin connected to Southold Bay at west end of Basin Rd. in Southold. Comments to George W. Hammarth, Bldg. 40 SUNY, Rm. 219, Stony Brook, N. Y. 11794 by May 5, 1989. 5. U.-.$. Army Corps of Enqineers, N. Y. District; Notice of Application of Paradise Point Association to dredge with ten years maintenance in Southold Bay, Shelter Island Sound. Written comments by May 10, 1989. 6. U.S. Army of Encgineers, N. Y. District; Notice of Application of James & Katherine Klein to replace and construct a retainin§:~wall and backfill at James Creek, Mattituck Creek. Written comments by May (0~ 1989. 7. Department of the Army, N. Y. District, Corps of Engineers; Application of Henry Quintin to install extension secured by two pilings to an existing float in Gull Pond, Shelter Island Sound. Comments by April 28, 1989. 8. Department of the Army, N. Y. District, Corps of Engineers; Applica- tion of Lynne S. Chanin to construct fixed timber pier elevated over the marsh, a ramp and float secured by timber mooring piles in Haywaters Cove, Little Peconic Bay. Comments by May 3, 1989. 9. Department of the Army, N. Y. District, Corps of Engineers; Applica- tion of Richmond Shores Associates to install a pier elevated over existing marsh, a ramp and two floats in Richmond Creek, Little Pe~:onic Bay. Comments by May 8, 1989. 10. N.Y.S. Department of Environmental Conservation, Notice of Complete Application of Kenneth Rock to reconstruct bulkhead and dredge boat slip at 1200 Broadwaters Cove, Cutchogue. Comments to Katy Murphy, Bldg. 40 SUNY Rm. 219, Stony Brook, N. Y. 11794, by May 12, 1989. 11. East End Arts Council Announcement of North Fork Artists Studio Totron June 11, 1989 from noon to 5:00 P.M. Advance tickets call 515-727-0900, or ~}rite East End Arts Council, 133 East Main Street, Riverhead, New York 11901. 12. United States Environmental Protection Agency, Notice of tentative decision to issue permits to certain applicants. For information on public partici- pation at one of eight hearing sessions, call Elizabeth Lonoff at 212-264-0853. !11. COMMUNICATIONS. SUPERVISOR MURPHY: There are no commications. scheculed. There is a public hearing IV. PUBLIC HEARING: 1. 3:30 P.M. on "A Local Law in Relation to Vehicles and Traffic." V. RESOLUTIONS. SUPERVISOR MURPHY: We'll move on to resolutions, Item V on your agenda. I'd like to remind the audience that at this time, if you would like to address the Town Board on any of the proposed resolutions,you may do so now. Any other comments we'd ask you to hold it to the end of the meeting, after we go through the resolu- tions and the final Councilmans' report. Anyone like to address the Town Board on any proposed resolution? (No response.) Hearing none, we'll move on to resolution 1, and it's to grant a trailer permit renewal for a house trailer. 1.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was . RESOLVED that the application of Georqe A. McCarthy for renewal of his single family house trailer permit, for trailer located on private road, off of the south side of Main Road, Laurel, New York, which permit expires on May 10, 1989, be and hereby is granted for a six (6) month period. 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 authorizing advance fee payment to a Youth Account. 3 2 0 ^P.,. 1989 2.-Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an advance fee payment in the amount of ~450.00 for the Saturday, May 6, 1989 Peter Pan Puppet Show at Mattituck High School; check made payable to "Puppet Projects"; said charge to be made to A7320.4, Joint Youth. 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 an advance fee payment for adult recreation. I offer that resolution. 3.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an advance fee paymnet in the amount of $235.00 (94 tickets @ $2.50 each) for the Tuesday, May 16, 1989 senior citizen bus trip to the Statue of Liberty; check made payable to "Circle Line Statue of Liberty Ferry"; said charge to be made to A7620.4, Adult Recreation. 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. SUPERVISOR MURPHY: Number 4 is to appoint Basil Northam as an outdoor . education instructor. 4.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Basil Northam as an outdoor education instructor, at a salary of $55.00 per three (3) hour session, four (4) sessions total; said charge to be made to A7320.4 Joint Youth. 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 rescind a prior resolution. 5.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds their Resolution No. 41, adopted on April 11, 1989, creatincj a Clerk Typist position for the Board of Appeals office; there are currently six (6) vacant Clerk Typist positions assigned to the Town Hall, therefore a Clerk Typist position can be assigned to the Board of Appeals when a candidate is selected. 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 another trailer permit renewal for Ange and Barbara Boursiquot on the Main Road in Mattituck. 6.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the application of Ange and Barbara Boursiquot for renewal of their single family house trailer permit, for trailer located on private road, off of the north side of Main Road, Mattituck, New York, which permit expires on May 4, 1989, be and hereby is granted for a six (6) month period. 6.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Super_visor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 7 is to authorize a lease agreement between the Town and the Town Promotion Committee. 7..-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute a lease agreement between the Town and the Southold Town Promotion Committee for the Information Center building located on the north side of NYS Route 25, Laurel, at an annual rental fee of $1.00; the Southold Town Promotion Committee to pay the cost of any and all utilities on the premises, as well as maintenance cost for the building's interior; said lease effective January 1, 1989 through December 31, 1989, with automatic extensions for successive one year terms. 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 to grant permission to Account Clerk Jeanne Cullen to attend a conference. APRIL 25, 1989 321 8.-Moved by Councilwoman Cochran, seconded.by Justice Edwards, it was RESOLVED that the Town Board o~ ~he''i'(~wi~~ of Southold hereby 9rants permission to Account Clerk Jeanne Cullen to attend Discover/Education Courses: AS/400 .Implementation and AS/400 Query, at IBM, Jericho, New York, on May 8 and 9, 1989, and the necessary expenses for meals, mileage, and tuition of $320.00 shall be a legal charge against the Accounting 1989 Budget. -Vote of the Town Board: Aye-: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 9 is a determination of an unsafe building. 9.-Moved by Councilman Penny, seconded by Justice Edwards, WHEREAS, the Building Inspector of the Town of Southold has made a formal inspec- tion of the premises owned by Julia Sepenoski and referred to as: Suffolk County Tax Map designation: District 1000, Section 68, Block 4, Lot 18, and also known as CR 48, Pecon~.c, New York, and thereafter prepared a written report thereon and filed the same in his office; and WHEREAS, it was determined by the Building Inspector that the building or struc- ture on said premises is dangerous or unsafe to the public; and WHEREAS, the Building Inspector promptly thereafter served a notice on the owner, their agent, or other persons having an interest in said property, pursuant to the provisions of Chapter 90 of the Southold Town Code; and WHEREAS, said notice required that the owner of said premises either make the building on the premises safe and secure, or remove same, and secure the perimeter of the property to prevent unauthorized persons from entering the property, said work to commence with ten (10) days from the date of service of the notice and sahll be completed with thirty (30) days thereafter; and WHEREAS, the owners of said premises has neglected or refused to comply with the provisions of said notice within the time specified therein; and WHEREAS, a public hearing on said matter was held by this Board on the 11th day of April, 1989; NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED AS FOLLOWS: 1. That based upon the written report prepared by the Building Inspector and filed in his office and upon the evidence given by the Building Inspector at the hearing held on April 11, 1989, this Board does hereby determine that the buildings or structures located on said premises are unsafe or dangerous to the public. 2. That this Board does hereby determine and order that the owners of the buildings or structures on said premises shall erect a six (6) foot high chain link fence around the immediate area of the buildings, acceptable and approved by the Building Inspector, and the owners of the buildings or structures on said premises shall make safe, to the approval of the Building Inspector, or remove the buildings or structures on said premises on or before the 31st day of May, 1989. 3. In the event that the owners shall neglect or refuse to fence and secure or take down and remove the structures from said premises within the time specified in the preceeding paragraph, then and in that event the Supervisor be and he hereby is authorized and directed to procure estimates for the removal of the buildings or structures on said premises and submit the same to this Board for its consideration as soon thereafter as possible. 4. That thereafter this Board shall, based upon such estimate, provide for the letting of a contract for the taking down and removal of the buildings or structures on said premises. 5. That the cost and expenses of the taking down and removal of the build- ings or structures on said premises shall be collected by the Town of Southold in the manner provided for in Section 90-9 of the Code of the Town of Southold. 6. It is further ordered that a certified copy of this resolution be sent by the Town Clerk to the owner of said premises by registered mail, return receipt requested, within three days of the date hereof. 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: At this time, I'd like a resolution to recess for enough time of hold a public hearing. Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that a recess be call at this time, 3:30 P.M. for the purpose of holding . a public hearing. Vote of the Town Board: ,Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Co~hran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. Meeting reconvened at 3:35 P.M. SUPERVISOR MURPHY: Resolution Number 10 is to amend a prior resolution #39, appointing June Cross as clerk-typist, changing the starting date from April 25th to May 1st, 1989. I offer that resolution. 10.-Moved by Supervisor Murphy,-seconded by Councilwoman Cochran, it'was RESOLVED that the Town Board of the Town of Southold hereby amends their Resolution No. 39, adopted on April 11, 1989, appointing June A. Cross as a full- time Clerk Typist for the Recreation Department, by changing her starting date from April 25, 1989 to May 1, 1989. 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 to grant permission to John Raynor, Chief Communications _~fficer to attend an advisory meeting. I offer that. 11 .-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to John Raynor, Chief Communication Officer, to attend the .1-989 New York State Police Identification Network (NYSPIN) Advisory meeting to"be held at the State Police Academy, Albany, New York, on Friday, May 12, 1989, and the necessary expenses for meals and travel shall be a legal charge against the Police Department's 1989 Budget. 11.-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 12 is a determination of no significant effect on the environment. 12.rMoved by Councilman Oliva, seconded by Justice Edwards, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Envionmental 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: 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 enviroment is likely to occur should the project be implemented as planned. The zoning amendment pertains to rooms for conference attendees. 12.-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 13 is to authorize the Town Clerk to transmit the proposed 'Local Law in Relation to Zoning"to the Southold Town Planning Board, Suffolk County Department of Planning. 13.-Moved by Supervisor Murphy, seconded by Councilwoman Larsen, 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 Zoning" (rooms for con- ference attendees); 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 Planning Board and the 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: 1. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-131.B(3)(a) is hereby amended to read as follows: (a) Where rooms are provided for conference attendees, said rooms are permitted as set forth and regulated by §100-61B(4) of the Resort Residential (RR) District. II. This Local Law shall take effect upon its filing with the Secretary of State. 13.-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 14 is to approve a bond amount of $63,825.00 for roads and improvements in a major subdivision. I offer that. 14.-Moved by Supervisor Murphy, seconded by Councilwoma~ 'Cochran, it was RESOLVED that t'he Town Board of the Town of Southold hereby approves the amount of $63,825.00 for a bond for roads and improvements in the major subdivi- sion of Beechwood Acres at Southold, New York, all in accordance with the recom- mendation of the Southold Town Planning Bard and Sidney B. Bowne & Son, Engineers. APRIL 25, 1989 14.-Vole of the Town Board: Aye.~: Coundilwbn~'a:n Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochrar~, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 157 (Letter of Guarantee submitted by Henry Arbeeny as a bond for roads and 'mprovements in his division at Kenny's Road.) TOWN CLERK TERRY: We're going to hold. There's been a change in the status. Just hold temporarily. 323 SUPERVISOR MU,~PHY: Number 16 is a trailer permit renewal. 16.-Moved by Justice Edwards, seconded by Councilman Oliva, it was RESOLVED that the application of David S. Horton and Gerry S. Horton for renewal of their watchman trailer, located at the Laurel Gre~enhouses, Inc., Kirkup Lane, Mattituck, which permit expires on May 7, 1989, be and hereby is c~ranted for a six (6) month period. 16.-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 17 is to appoint Jack Lake as a beach attendant, effective immediately at a salary of $5.95 an hour. 17.-Moved by Councilwoman Oliva, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Jack Lake as a Beach Attendant, at a salary of $5.95 per hour for the 1989 beach season, effective immediately. 17.-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 18 is to authorize an advance fee payment. 18.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an advance fee payment in the amount of $15.50 (check made payable to "Suffolk County Senior Citizens Advisory E~oard"), to permit Recreation Director Kenneth to attend the "All About Aging IX" conference on Wednesday, May 10, 1989, at Felice's in Patchogue; said charge to made to A7020.4, Recreation Administration. 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 to set a public hearing, 8:00 P.M., Tuesday, May 9, 1989, Southold Town Hall on a proposed "Local Law in Relation to Zoning". I offer that. 19.-M0ved by Supervisor Murphy, seconded by Justice Edwards, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in relation to Zoning" (site plan for accessory and permitted uses); now, therefore, be it RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, May 9, 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 Zoning BE IT ENACTED by the Town Board of the Town of Sou{h~ld as foiiows: 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'-Lo site plat; 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 I and 2 hereof, are subject to site plan approval by the Planning Board. 3 2 4 1989 5. Section 100-91C is hereby amended to read as follows: C. Accessory u~s. The following uses are permitted as accessory uses and, except for residential accessory uses, and s~gns 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 subsections 1 and 2 hereof, are subject to site plan approval by the Planning Board. 7. Section 100-101C 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 .~_.re 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 Planni?.g~Board. 9. Section 100-111C is hereby amended to read as follows: C. Accessory uses. T~e following uses are permitted as accessory uses and, except for residential accessory uses, and signs which are governed by Article XX, are subiect 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: 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. 13. Section 100-131C 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. 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 subject to site plan review. II. This Local Law shall take effect upon its filing with the Secretary of State. 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. SUPERVISOR MURPHY: Number 20 is to authorize the execution of a grant amend- ment, and actual decrease of $19,012.00 in respect to our Scavenger Waste Treat- ment Facility. This is the final closeout. I offer that. 20.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute a Grant Amendment/Decrease in the amount of $19,012.00 with respect to the Scavenger Waste Treatment Facility; said agreement having been reviewed and approved by Holzmacher, McLendon & .Murrell, P.C., the Town's consultants on the project. 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 authorize the attendance at a workshop. 21 .-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby c~rants permission to Planner Trainees Melissa Spiro and Robert Kassner to attend the Urban Erosion & Sediments Control Workshop, sponsored by the U.S. Department of Agriculture- Soil Conservation Service and Suffoll~ County Soil and Water Conservation District, on May 16, 1989, at Suffolk County Community College, Riverhead, from 12:30 P.M. to 5:30 P.M., and the $25.00 registration fee per person, and necessary expenses for travel shall be a legal charge against the Planning Board's 1989 Budget; and be it further RESOLVED that an advanced fee payment of $50.00 for the registration fee for Ms. Spiro and Mr. Kassner be and hereby is authorized; check payable to Empire Chapter-SWCS. APRIL 25, 1989 325 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 execute an agreement between the Depart- ment of the Army and the Town for 15 off-bottom seed clam rafts in Goose Creek, Southold. I offer that. 22.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute the Department of the Army Permit for the placement of 15 off-bottom seed clam rafts in Goose Creek, Southold, with respect to Department of the Army Application No. 88-1825-L2 by the Town of South01d. 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 a determination of non-significant effect on the environment. 23.-Move~l by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOILVED that pursuant to Article 8 of the Environmental Conservation Law, State Envir~onmental Quality Review Act, and 6NYCRR Part 617, Section 617.10, and Chapt~er 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 So~thold). 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 zlonin~] amendment pertains to agricultural operations. 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 transmit this proposed "Local Law in Relation to Zoning". to the Southold Town Planning Board and Suffolk County Department of Pla~nning. I offer that. 24.-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 Zoninc~" (agricultural operations); 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 Planninc~ Board and the Suffolk County Department of Planning in accordance with the Code of the Town of SoLithold 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 tol read as follows: 1.: Section 100-31A(2) is hereby amended to read as follows: (2) The following agricultural operations and accessory uses thereto, including irrigation, provided that ther~ §~hall be no storage of manure, fertilizer or other odor~or dust-producing substance or use, except spraying and dusting to protect vegetation, within one hundred fifty (150) feet of any lot line. II. This Local Law shall take effect upon its filinq with the Secretary of State. 24.-Vote of the Town Board: Ayes: Councilwoman Lar~en, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This ~esolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 25 is to authorize the execution of a 1988 Rental Rehab Grant Agreement. 25.-Moved. by Councilwoman Oliva, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute the 1988 Rehabilitation Grant A~]reement between the Town of Southold and the County of Suffolk, as a Consor- tium Municipality, for funding from the U. S. Department of Housing and Urban Development (HUD), to undertake the rehabilitation of privately owned real property to be used for primarily residential purposes. 25.-Vote o~ the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Sup.ervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 26 is to authorize another agreement between Suffolk County and the Town for participation in the 1987 New York State. Affordable Housing Corporation Homeowner Rehab Grant Agreement. These dates are rig_ht,~y the~_way. 26.-Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of $outhold hereby authorizes and directs Supervisor Francis J. Murphy to execute an ac~reement between the County of Suffolk and the Town of Southold for participation in the 1987 New YorI~ State Affordable Housinc~ Corporation Homeowner Rehabilitation Grant A~reement,las a participating Consortium municipality, to undertake the rehabilitation of residential property owned by Iow and moderate income persons in designated target areas. 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 grant permission to attend another workshop. 27.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was RESOLVED-that the Town Board of the Town of Southold hereby grants permission to Planner Trainees Melissa Spiro and Robert Kassner, Coummunity Development Administrator James C. McMahon, and Conservation Advisory Council member John Holzapfel and Margaret Feeney to attend the "Managing and Protecting Long Island's Freshwater Wetlands" workshop, sponsored by the Group for the South Fork, The Nature Conservancy, South Fork Natural History Society, and Long Island Pine Barrens Society, on Friday, May 19, 1989, from 8:30 A. M. to 4:00 P. M., at the Quogue Wildlife Refuge, East Quogue, New York, and the $20.00 registration cost per person and necessary expenses for travel shall be a legal charge against the Planning Board, Community Development and Conservation Advisory Council 1989 Budgets; and be it further RESOLVED that an advanced fee payment of $20.00 per person for the registration fee of Ms. $piro, Mr. Kassner, Mr. McMahon, Mr. Holzapfel, and Ms. Feeney be and hereby is authorized; check made payable to Group for the South Fork - Wetlands Workshop. 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 to execute another agreement between the County, Office of the Aging and the Town. 28.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of $outhold hereby authorizes and dfrects Supervisor Francis J. Murphy to execute an agreement between the County of Suffolk, Department for the Aging.~ and the Town of Southold, for the Southold Town CSE Home Aide Proc~ram, for the period April 1, 1989 to March 31, 1990, at a net reimbursable amount of $22,518.00 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 authorize another execution of an agreement between the County, Department of Aging and the Town for the Expanded In-Home Service for the Elderaly (EISEP) Program for $23,534.00. I offer that. 29.-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 an ac~reement between the County of Suffolk, Department for the Ac~in~, and the Town of Southold, for the Expanded In-Home Services for the Elderly (EISEP) Program, for the period April 1, 1989 through March 31, 1990, at a net reimbursable amount of $23,534.00. 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 to support the introductory Resolution of Suffolk County Legislator Fred W. Thiele, 30.-Moved by Councilman Penny,. seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of t~ne Town of Southold hereby c~oes on record in support of an Introductory Resolution of Suffolk Legislator Fred W. Thieler Jr. authorizing, empowering, and directing the Suffolk County Comptroller to audit and evelaute allocation of County funds between the Police District and the General Fund within the County Operating Budget for fiscal years 1980 and 1989, with particular emphasis to be placed on whether or not such appropriations and real property taxes are being allocated properly in accordance with Section 13-5 of the Suffolk County Administrative Code; whether such appropriations and real property 3 2 7 taxes represer'~t actual maintenance, ope;ration, and personal services rended-ed by the pertinent bureaus, divisions, or ~ to taxpayers of the five (5) east-end towns; and whether such appropriations and real property taxes are being allocated. in such a manner so as to shift County Police Department costs to the General Fund to subsidize West End County Police operations with East End County tax dollars. ? SUPERVISOR MURPHY: I might add on this, the East End Supervisors have,also, asked the Comptroller to do an audit of the County practices on how this chart goes, and maybe between the two we'll get something. 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. 31 .-Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby amends their Resolution No. 22, adopted on February 28, 1989, authorizing the Town Clerk to advertise for bids for the purchase of (1) Front End Payloader for the Highway Department~, to read: "authorizes the Town Clerk to advertise for bids for the purchase of one (I) new or used Articulated Wheel Loader, with trade-in of one (1) 1975 Ford A62 Loader, for the Highway Department". 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 to authorize and direct the Town Clerk to advertise for bids for the purchase of approximately 1,000 tons, more or less, of sand mix asphalt. 32.-Moved by Councilwoman Cochran, seconded 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 the purchase of 1,000 tons, more or less as may be needed, of Sand Mix Asphalt, furnished and placed. 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 make appointments of individuals to the Nutrition Program and Expanded In-Home Services for Elderly. I offer that resolu- tion. 33.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southotd hereby appoints the following individuals to the Nutrition Program and Expanded In-Home Services for the Elderly Program (EISEP); Leone Urban as a Nutrition Van Driver, effective April 17, 1989, at a salary · of $9,900.00 per year. Phyllis Atkins as an EISEP Aide, effective April 24, 1989, 20 hours per week, at a salary of $5.50 per hour. Grace McCleery as an EISEP Aide, effective April 17, 1989, 20 hours per week, at a salry of $5.50 per hour. Dawn Samen as an EISEP Aide, effective April 12, 1989, 20 hours per week, at a satry of $5.50 per hour. Dawn Samen as a Kitchen Aide, effective April 12, 1989, 8 hours per week, at a salary of $6.00 per hour. 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 grant permission to Commissioner of Public Works Ray Jacobs to install two 150 HPS street lights. I offer that. 34.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Commissioner of Public Works Raymond L. Jacobs to install twol~50-1~E)Sstre~t~lights at the intersection of Youngs Avenue and County Road 48 in Southold, and remove an existing street light from pole No. 25; installations would be on pole No. 85 and pole No. 86 on the east and west side of Youngs Avenue at .the abovementioned intersection. 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 accept a letter of credit on a subdivision. 35~-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the $403,380,00 Letter of Credit No, M-89050, submitted by Neil Rego as a performance bond for roads and improvements in the major subdivision of Chardonnay Woods; said amount approved by the Town Board on January 10· 1989, as recommended by the Southold Town Planning Board and Sidney B. Bowne & Sons, Consulting Engineers. 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 to authorize the closing of Love Lane and Pike Street in Mattituck on Saturday, July 8th for a street fair. I offer that. 36.-Moved by Supervisor Murphy, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby closes Love Lane and Pike Street, east and west of Love Lane, Mattituck, from 8:00-A.M. to 4:30 P.M., Saturday, July 8, 1989, to permit the Mattituck Chamber of Commerce to hold their 12th Annual Street Fair, provided they secure and file with the Town Clerk the proper insurance to hold the Town of Southold harmless. 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 37a is to accept a bid. 37a.-Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold accepts the bid of Game Time, Inc., c/o Park & Playcjround Products, Inc., Port Jefferson, New York, for supplying the Town with the following items for the Laurel Lake Park, all in accordance with the bid specifications (price does not include shipping): 2 2 seat tables IR 799) at ~ 464.00 each $ 928.00 1 4 seat table (MD4710) 562.00 Total $1,490.00 37a.-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 37b is to accept a bid of Miracle & Jamison, Pough- keepsie for park equipment. 37b.-Moved by Councilwoman Larsen, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Miracle & Jamison, Poughkeepsie, New York, for supplying the Town with the following items for the Laurel Lake Park, all in accordance with the bid specifica- tions: 4 15 ft. player benches at $231.00 each $ 924.00 2 baseball backstops at $1,626.00 each 3,252.00 1 slide 890.00 Total $ 5,066.00 37b.-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 37c is to accept another bid. 37c.-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 E. Parker Yutzler, Inc.· Great River, New York, for supplying the Town with the following items for the Laurel Lake Park, all in accordance with the bid specifi- cations: 2. 3 row bleachers at $593.00 $ 1,186.00 1 5 row bleacher 1,055.00 3 6 ft. wooden benches at $118.00 each 354.00 I 6 seat swing set 896.00 1 climber 959.00 Total $ 4,450.00 37c.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly AD, OPTED. SUPERVISOR MURPHY: Number 38 is to extend the appointment of Laura Obenauer as a Clerk Typist in the Assessor's Office from March 15 to July 12, 1989 full-time, at a salary of $18,108.10 per year, and be it further resolved that effective July 13th Mrs. Obenauer's position shall become part-time, not to exceed 17½ hours per week, at a salary of $6.50 per hour. I offer that. 38.-Moved 13¥ Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby extends the appointment of Laura O13enauer, Clerk Typist in the Assessors office, from March 15, 1989 through July 12, 1989, full-time, at a salary of $18,108.10 per annum; and be it further RESOLVED that effective July 13, 1989 Mrs. Obenauer's position shall 13ecome part- time, not to exceed 17-1/2 hours per week, at a salary of $6.50 per hour. 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 authorize CAC Dan Kujawski to attend a recycling workshop 39.-Moved by Councilwoman Oliva, seconded by Justice Edwards F it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Con- servation Advisory Council member Daniel Kujawski to attend the "Reducinc~ the Waste Stream: ~akinc~ Rec¥clincj Work" conferecnce to held on May 31, June 1, 2, 1989 at Cornell University, Ithaca, New York, and the registration fees and neces- sary expenses for travel, meals and lodging shall be a legal charge against the Conservation Advisory Council's 1989 Budget; and be it further RESOLVED that the Town Board hereby authorizes an advance fee payment of $225.00 for Mr. Kujawski's tuition. 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 reappoint Richard Ryan and Fred Ross to the Open Space Committee. 40.-Moved by Councilwoman Oliva, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby reappoints Richard Ryan and Frederick Ross as members of the Southold Town Open Space Committee, for a two year term, effective May 4, 1989 through May 4, 1991, they to serve in said position without compensation. 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 appoint Vincent Wieczorek to the position of Ordinance Inspector. 41 .-Moved by Councilwoman Larsen, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Vincent R. Wieczorek as an Ordinance Inspector, from the Suffolk County Department of Civil Service Certification of Eligibles, effective May 4, 1989, at a salary of $28.563.60 · per annum. 41.-Vote of the Town Board: Ayes: Councilwoman Lars'en, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 42 is to set 8:05 P.M. on May 9, 1989, for a public hearing on a proposed "Local Law in Relation to Zoning". 4'~.-Moved by Councilwoman Oliva, seconded by Councilman Penny, WHEREAS, there has been presented to the Town Board-of the Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Zoninc~" (Site Plan Article); now, therefore, be it RESOLVED that the Town Board hereby sets 8:05 P.M., Tuesday, May 9, 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 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 deleted in its entirety, and a new Article XXV is hereby adopted to read as follows: Section 100-250. General Requirements. 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 100-31A(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. In all cases where this chapter requires approval of site development plans by the Planning Board, no building permit shall be issued by the Buildincl Inspector except upon authOrization of and in conformity with the site 'plan approva~ by 'the Plannin~ BOard and all other public agencies involved. Section 100-251. Declaration of policy. A. The Town Board wishes to protect the unique rural and open space character of the Town and hereby finds that development with 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; changes in the use of existing structures; the use of open 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. B. It is the purpose of this s'ection encourage good design and: 1. Protect the es:tablished character and value of the adjoining properties, both public and private, and of the neighborhood in which they are located. 2. 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 overcrowdir~g of land or buildings. 4.Secure safety from fire, flood and other dangers, and to 5.Mitigate the environmental impacts of new development on the land, air and water resources. Section 100-252. Objectives. A. In considering and acting upon site develpment plans, the Planning Board whall take into consideration 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 neighbor- hood 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: 1. Traffic access: That all proposed traffic accessways are adequate but not excessive in number, adequate in width, grade, aligigment, and visibility, are located in proper relation- ship 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. 2. Interior circulation and parking: That adequate off-street parking and loading spaces are provided to satisfy the parking and loading spaces are provided to satisfy the parking needs · of the proposed uses on-site, and that the interior circulation system is so designed to provide convenient access to such spaces consistent with pedestrian safety. And further, that loading areas shall not impede the flow of interior pedstrian and vehicular traffic. Handicap accessibility shall be provided and placed at the nearest point to the preposed structure. 3. 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. 4. Natural features that high priority shall be given to the: a. 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, wood- lands, large trees, unique plant and wildlife habitats, flood hazard areas and wildlife breeding areas; and b. protection of ~round and surface water from contamina- tion by pollutants; and c. protection of air quality. APRIL 25, 1989 Pavement: That all;otb~ P~V~Ct; areas intended for use by Pede~tri~ ~ha!~i~l~s ~hall make use of an aesthetically pleasing 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. 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 supply and sewage disposal, cable, telephone, electricity. gas. 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 scale consistent with existing development and with the comprehensive development plan of the Town of Southold. 11. 12. Architectural features: That the architectural features of proposed buildings and signs are in character with that generally prevailing in the neighborhood. Handicapped access: That the site plan and building design shall accommodate the needs of the handicapped and be in conformance with the applicable State and local standards concerning same. Section 100-253. Guidelines A. No building permit shall be issued for any structure or building as defined by Chapter 100. Zoning. ~,_mtil an- - approved site development plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector. along 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 Planning Board. 331 Co 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 bein9 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. After a Certificate of Occupancy is issued, there shall be no exterior alterations of a buildin9 that expands the footprint, or any revisions of the site. or changes of use. without first obtainin9 Planning Board approval. Fo 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. Go 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. 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 elements that shall be submitted to the Planning Board in order for 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. 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. 2. 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. 3. 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. Co Do Fe APRIL 25, 1989 a. 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. b. 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~Jre. The Planning Board may vary or waive parking requirements provided that such change will not have a detrimental effect on the public 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 parking requirements again if a change of use is proposed· 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. No decision on the application shall be made until the SEQRA process is completed. After the Planning Board has determined that the proposed site plan is suitable for approval, it shall: o .4. Forward the plan to the Building Inspector for final review and certification. -- 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 appl'icant 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, 333 Ho Lo 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, 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. Section 100-255 Expiration An approved site development plan shall 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 (3) years from the date of approval unless a longer period was approved or the applicant obtains an extension from the Planning Board. Bo All site plans whict~ have received final approval prior to the enactment of this ordinance shall remain valid for a period of three (3) 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: APRIL 25, 1989 1. A completed site plan application form, 2. Site plan review fee, as specified in subsection B. below, 3. A completed Environmental Assessment Form Nine copies of the site plan, 5. Four copies of a property survey, certified by a licensed land surveyor. Fees 1. The application fee for a new site plan shall be one hundred and fifty dollars 15150) per acre or any fraction of an acre thereof, plus two and one-h,~lf cents [2.5¢) per square foot of building area. 335 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 building area. C. Standards Site plan design shall include the following items: a. Technical Data Lot, block and section number, of the property taken from the latest tax records. 2. Name and address of the land owner on record; o 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. Survey prepared by a licensed Surveyor or Civil Engineer. The site plan may reference a land surveyor's map or 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 of property lines. If none exist within 500 feet of subject property, indicate distance to nearest intersection with a public street. - o 10. 11. A separate key map 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. 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. Site plans shall be drawn at the scale of an [1") inch equals (20) 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. Landscaping. d. Other; e.g. site utilities. b. Natural Features Existing contours with intervals of two [2') 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 marshes, beaches and all freshwater bodies, including wetiands and intermittant streams, perimeter boundaries of shoreline bluffs, dunes and beaches. Location of existing natural features including but not limited to natural drainage swales, watercourses, wooded areas, wetlands, as defined by the New York State Department of Environmental Conservation and the E~oard of Trustees of Southold 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. Location of any existing cultural and historical features within 500 feet of the property boundaries. c. 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. APRIL 25, 1989 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 1. The location of propo.sed buildings or structural improvements, indicating setbacks from all property lines and horizontal distances from existing structures. 2. The location and design of all uses not requiring structures, such as off-street parking and loading areas and pedestrian circulation. o The location, direction, power level and 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 structures, 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 including type, material, size, quantity and location. o Location of water and sewer mains, electrical service, cablevision and telephone installations, ground transformers, fire well and fire hydrants and/or any alternate means of water supply and sewage disposal and treatment. 9. Building elevations foj~ 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. · 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. SUPERVISOR MURPHY: Number 43.~is the findings on the Final Environmental Impact Statement by D.B.M. Company. Non-significant, correct? I offer that. COUNCILWOMAN OLIVA: Yes. 337 338 APRIL 25, 1989 43.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that pursuant to Article 8 (State Environmental Quality Review Act - SEQRA) of the Environmental Conservation Law and 6NYCRR Part 617, the Southoid Town Board as lead agency hereby makes the following findings with respect to the petition of D.B.M. Co. for a change of zone from "A" Residen- tial and Agricultural District to "A" Residential and Agricultural District to "AHD" Affordable Housing District on certain property southeast of the intersection of County Route 48, Boisseau Avenue, and Yennecott Drive, Southold: Facts and Conclusions in the ElS Relied Upon to Support the Decision: During the review of the proposed 'change of zone several concerns were raised by the lead agency, its environmental consultant and members of the public. Three areas of primary concern can be identified from the comments made during the review process. 1. The capacity of the existing road network to handle the traffic generated from the proposed project and existing traffic conditions was questioned. In parti- cular, the adequacy of the traffic study conducted during the winter to assess the summertime traffic conditions was challenged. However, the engineering consul- tants who performed the traffic study properly factored into their extensive study, conversion Cactors available to them from the Suffolk County Department of Public Works Traffic Engineering Division to determine traffic impacts throughout the year. The Draft ElS, and the Final EIS properly and adequately conclude that the existing road network is more than adequate to meet the existing summer time traffic demands as well as those demands created by the proposed action. 2. Protection of the ground water was raised as an area of concern. Specific mediation measures have been offered to protect the ground water supply. These measures include covenants and restrictions to be imposed upon lots within the proposed subdivision restricting the application of inorganic fertilizers to the property to reduce nitrogen loading into the ground water. This measure should also protect surface waters. Run off will be collected and returned to the ground water suply by way of catch basins and a drainage area, the design of which must be reviewed and approved by the Southold Town Planning Board during the subdivision plat approval process. 3. Protection of surface water. An intermittently wet area is located on a small part of the southeastern portion of the subject property. The project sponsor has offered covenants and restrictions or a scenic easement on those lots abutting this "vernal area intermittent" to prohibit structures and any distur- bance of the natural vegetation in the 75 foot buffer strip to protect this area. Storm water run off will be recharged to the ground water by catch basins and the drainage area set aside on the subject property. Run off will not be discharge into surface waters. CERTIFICATION OF FINDINGS TO APPROVE Having considered the Draft and Final ElS, and having considered the pro- ceding written facts and conclusions relied upon to meet the requirements of 6NYCRR 617.9, this State of Findings certifies that: '. 1. The requirements of 6NYCRR Part 617 have been met; 2. Consistent with the social, economic and other essential considerations from among the reasonable alternatives thereto, the action approved is one which minimizes or avoids adverse environmental effects to the maximum extent practi- cable; including the effects disclosed in the environmental impact statement, and 3. Consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impact statement process will be minimized or avoided by incorporat- ing as conditions to the decision those mitigative measures which were identified as practicable. 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 a decision on D.B.M. Co. change of zone petition to affordable, housing district. 44.-Moved by Councilwoman Cochran, seconded by Justice Edwards, WHEREAS, D.B.M. Co., by petition dated May 17, 1988, petitioned the Town Board of the Town '~'Southold for a change of zone on certain property situated at Southold, Town of Southold, New York, from "A" Residential and Agricultural District to 'AHD" Affordable Housing District; and WHEREAS, the said petition was referred to the Southold Town Planning Board and the Suffolkd County Department of Planning for official recommendation and report; and WHEREAS, the Town Board, pursuant to due notice, held a public hearing thereon on the 14th day of March, 1989, at 8:20 P.M., at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that D.B.M. Co., be and hereby is (GRANTED) the relief demanded in said petition. Said property, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, being bound and described as follows: APRIL 25, t989 339 BEGINNING at a point on the easterly side of Boisseau Avenue distant the following two courses and distances as measured southerly along same from the corner formed by the intersection of the easterly side of Boisseau Avenue with the southerly side of Yennecott Drive: 1. South 22 degrees 31 minutes 56 seconds west 336.68 feet to a point; 2. South 2 degrees 38 minutes 20 secends west 439.00 feet to the true point of beginning; RUNNING THENCE south 87 degrees 21 minutes 40 seconds east along the southerly line of land now or formerly of Robert Taplin 200.00 feet to a point; RUNNING THENCE north 2 degrees 38 minutes 20 seconds east along the easterly line of lands now or formerly of Taplin, Finne, Goldsmith and Wheeler and through three monuments 452.11 feet to a monument; RUNNING THENCE north 88 degrees 57 minutes 30 seconds east along the southerly line of lands now or formerly of Tuthill and lands shown on map of Yennecott Park, File Number 5187, 924.13 feet to a point; RUNNING THENCE along lands now or formerly of Richard and Laureen Wheeler the following two courses and distances: 1. South 14 degrees 42 minutes 20 seconds east 226.37 feet; and 2. North 88 degrees 59 minutes 00 seconds east 200.02 feet to a point; RUNNING THENCE south 2. degrees32 minutes 10 seconds east along lands now or formerly of Francis and P~rick O'Malley 272.59 feet to a monument; RUNNING THENCE north 88 degrees 56 minutes 31 seconds east 572.59 feet to a point; RUNNING THENCE south 23 degrees 29 minutes 07 seconds east 347.18 feet to a monument; RUNNING THENCE south 55 degrees 56 minutes 20 seconds west along lands now or formerly of Edwin Mooney 902.45 feet to a monument; RUNNING THENCE south 55 degrees 54 minutes 50 seconds west along lands now or formerly of Peter Meyer, Jr., 382.92 feet to a monument; RUNNING THENCE north 6 degrees 00 minutes 40 seconds east 488.47 feet to a monument; RUNNING THENCE north 89 degrees 54 minutes 10 seconds west 672.10 feet to a monument; RUNNING THENCE north 2 degrees 38 minutes 20 seconds east 162.43 feet to a monument; RUNNING THENCE north 87 degrees 21 minutes 40 seconds west 265.00 feet to a monument; RUNNING THENCE north 2 degrees 38 minutes 20 seconds east 336.18 feet to a point; RUNNING THENCE north 87 degrees 21 minutes 40 seconds west 200.00 feet to a monument set on the easterly side of Boisseau Avenue; RUNNING THENCE along the easterly side of Boisseau Avenue north 2 degrees 38 minutes 20 seconds east 50.03 feet to the point or place of BEGINNING. 44.-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 45 is to authorize the donation of the Town Flag to the Vietnam Veterans Memorial in Hauppauge. 45.-Moved by Councilwoman Oliva, seconded by Entire Town Board, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the donation of a Southold Town Flacj to the Vietnam Veterans Memorial at the Suffolk County Center, Hauppauge, New York. 45.-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 46 is to engage the services of Samuels & Steel- man for plans and specs for an addition to the back of Town Hall at a per de, ira price not to exceed $6,250.00. 46.-Moved by Councilwoman Cochran, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of $outhold hereby accepts the proposal of Samuels & Steelman Architects, in the amount of $6,233.75, to prepare plans and specification for the construction of a Justice Court building at the -qeuthold Town Hall site, Southold, New York. 46.-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 47 is to appoint Sandra Berry as a summer clerk in the Accounting Department. 47.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it 'was RESOLVED that the Town Board of the Town of Southold hereby appoints Sandra Berry as a Work Study intern for the summer season in the Accountincj Department, at a salary of $5.50 per hour. 47.-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 48 is a resolution withdrawing from the Empire Plan, except for the PBA. 48.-Moved by Councilman Penny, seconded by Councilwoman Larsen, WHEREAS, the Town Board of the Town of Southold duly adopted a resolu- tion withdrawing the Town from the Empire Plan effective March 31, 1989 and thereafter extended the date of withdrawal by 30 days; and WHEREAS, the Town Board had made available and offered to both the CSEA and PBA units a self-insurance plan to replace the Empire Plan; and WHEREAS, both the CSEA and PBA units submitted grievances in regard to adopting a self-insurance plan; and WHEREAS, after fully evaluating the self-insurance plan the CSEA unit has indicated that it will not pursue their grievance in relation to the self-insurance plan and will accept the self-insurance plan; and WHEREAS, the PBA unit has declined acceptance of the self-insurance plan and has filed charges with the New York State Public Relations Board demanding that the PBA unit be continued in the Empire Plan, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Southold rescinds their resolutions of December 13, 1988 and March 14 1989 withdrawing from the Empire Plan; and BE IT FURTHER RESOLVED, that the employees of the Town, other than the PBA unit members and retirees therefrom, shall be removed from the Empire Plan and provided coverage under the Town's self-insurance plan; and BE IT FURTHER RESOLVED, that the Supervisor is hereby directed to notify the President of the New York State Department of Civil Service of this resolution and of the names of those persons to be removed from the Empire Plan. 48.-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 49 is to authorize any Town Board members and the Highway Superintendent to travel to Chicago to attend a Waste E~po during the week of May 4th to the 9th. 49.-Moved by Councilwoman Oliva, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes all Town Board members and Superintendent of Hicjhways Jacobs to travel to Chicacjo, Illinois to attend a Waste Expo, during the period from May 4 to May 7, 1989, and the necessry expenses for travel and meals shall be a legal charge against the Town of Southold 1989 Budget. 49.-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 50 is to appoint John Simicich and Gerald Dennehy to the Farmland Committee. 50.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby appoints John Simicich and Gerald Denneh¥ as members of the Southold Town Farmland C~ommittee, effective immediately through March 13, 1991; they to serve in said positioi~ without compensation. COUNCILWOMAN LARSEN: I'm going to abstain on this vote. I feel that these people are qualified, but I felt we had two far better qualified people to put on. I think it's a loss not putting on Larry Fuller-PerrY,ne and Donna Waddle, were my choices. . 50.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Cduncil- woman Cochran, Justice EdWards, Supervisor Murphy. Abstain: Councilwoman Larsen. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 51 is to accept Tasks 1,2,and 3 of H2M proposal dated 3/28/89 to authorize payment of those items completed. - 51.-Moved by Councilwoman Oliva, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of theTown of Southold hereby authorizes the payment of the engineerincj fees of Holzmacher, McLendon & Murrell, P.C. with repect to Tasks 1,2,3, as outlined in their letter of March regarding the Composting of Municpal Solid Waste/Sludge Program of t2hS~ 1989, Town of Sou~hold, as follows: Task I - Accompanying the Town Board during field visits of compostilng facilities; field visitsi~ncluded trips to Europe and Minnesota~ $3,538.67. Task 2 - Preparation of the Final Environmental Impact Statement (FEIS) - $6,004.94. Task 3 - Engineering services after completion of the proposed evaluation process - $14,956.39. 51.-Vote of the Town Board: Ayes: CO0h¢ii~hn Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor' Murphy; Nos: Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 52 is to authorize the Supervisor to send a letter to the New York State DEC requesting a temporary variance from the comprehen- sive recycling analysis submittal requirement. I offer that. 52.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to transmit a letter to the New York State Department of Environmental Conservation to formally request a variance from the requirement of the submittal of a comprehensive recycling analysis by the Town prior to the issuance of a Permit to Construct the Municipal Solid Waste Composting Facility. 52.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. Nos: Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. .SUPERVISOR MURPHY: Number 53 is to create a position of stenographer for the Board of Appeals and call for Civil Service list and call for a stenographer. Rescinded 5/9/89, Resol. #1 53.-Moved by Councilwoman Cochran, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby creates the position of Stenocjrapher for the office of the Board of Appeals, sets a salary of $18,650.96, and authorizes and directs the Supervisor to request a Certification of Eligibles List from the Suffolk County Department of Civil Service. 53.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. Abstain: Councilwoman Larsen. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 54 is an enactment of Local Law No. 5 - 1989, a "Local Law in Relation to Vehicle and Traffic", which we had the public hearing on today. 54.-Moved by Councilman Penny, seconded by Councilwoman Oliva, -WHEREAS, a proposed Local Law No. 5 - 1989 was introduced at a meeting of this Board held on the 11th day of April, 1989; and WHEREAS, a pub|ic hearing was held thereon by this Board on the 25th day of April, 1989, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that Local Law No. 5 - 1989 be enacted as follows: LOCAL LAW' NO. 5 - 1989 ,. 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 York 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 fa'ce 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. 54.-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: That's the end of our prepared and added on agenda. At this time I'd like to ask anY Town Board members if they ha~e any further comments, starting on my left with Ray. JUSTICE EDWARDS: I didn't have a chance to read over those resolutions closely, and I probably should have commented in the beginning. On Resolution No. 37 were you're ordering 4 15 ft. player benches at $231.00 each for Laurel. I'm just wondering if there's any possible way we can get two of those for the ball field on the Island, also, Frank. We don't have any there. They sit on milk crates, and I see the price on them. The price is not that bad, and in that same order if you could get two more, I could get them over from here to the island. 3 4 2 :.APRIL 25, 1989 SUPERVISOR MURPHY: I don't see why we can't get. COUNCILWOMAN COCHRAN: I don't know if we can. This is what you requested the bid to be placed on. I just don't want to mess up this bid. SUPERVISOR MURPHY: We could ask the guy, if for the same price, we could buy two more. COUNCILWOMAN COCHRAN: It would be a selma, rate project, and we certainly could order as a separate entity, which is fine. JUSTICE EDWARDS: I would really appreciate it for the island. COUNCILWOMAN COCHRAN: It's going to a different place, so..but I wouldn't mess up this. I think we'd have to have some discussion on this. TOWN CLERK~ TERRY: We'd have to do a resolution. SU~PERVISOR MURPHY: Anything else, Ray? JUSTICE EDWARDS: No, that's it. Thank you, Frank. SUPERVISOR MURPHY: Ellen? COUNCILWOMAN LARSEN: No, thanks, Frank. SUPERVISOR MURPHY: Jean? COUNCILWOMAN COCHRAN: Nothing. Thank you. SUPERVISOR MURPHY: George? COUNCILMAN PENNY: Yes. In regard to a couple of resolutions, which I cast a negative vote on. About two weeks ago, we asked Judy Terry to do a little research on whether or not H2M was authorized to prepare a Final Environmental Impact Statement, which they've billed the Town for $7, 000.00, ' and none or'the Town Board members could recall specifically asking them to do this, and I have a note here from Judy Terry, which she sent to the Town Board, which said I was asked to research the following: The final environmental impact statement, solid waste composting/sludge program. Was H2M authorized to prepare, to proceed with preparing the FEIS~. Answer: No record. They submitted a bill to us, and as part of this, there was a three part bill for $7,000.00, and I thoroughly disagree with paying them for it. It's not suffici_e~ to do the job, and I'm just disappointed in the Town Board for not authorizing something up front, and for paying it once it's been prepared, and it seems to be like the determination was made by H2M. There was another item in there for approximately $7,000.00, which was cost associated with the trip to Europe. Now I didn't participate in the trip to Europe. I wasn't present at the meetings when it was set.up, but these cost should have been authorized at a meeting back in December, not several month in arrears, and also have some difficulty with a $23,000.00 bill, which they've given us when they should have told us that the work that they've been doing for us from some point in January until now is going to be an additional cost to us. The time to tell us is when the original contract runs out, not to go as $23,000.00 in arrears, and expect us to just jump on it. I'm sorry. I don't take this lightly. We're talking about $37,000.00, which I feel is unnecessary to spend at this time. The other resolution which I voted against was asking the DEC to postpone the submittal of a comprehensive recycling analysis by the Town as part of our permitting process for the operation of the Town Landfill. It's part of our 360 application. This is no new news to H2M or the Southold Town. We were aware that.this had to be done, and as early as April of last year we received draft amendments of the part 360 rules, which suggested that this information was going to 'be required. H2M knew at that point, that they were going to have to do something, and we should have started talking about it then. When the decisions became final in December of 1988, t, hey knew for sure that this had to be done. Now here we are in April and they're asking that this be waived, and I disagree with this. This work should have been done by now, and we should be a lot further ahead than we are. It's going to take us quite a bit of energy and effort to establish a Town recycling program, and I feel that the sooner we start it the better, so I would like to see it started immediately. Thank you. SUPERVISOR MURPHY: Ruth? COUNCILWOMAN OLIVA: Nothing, except to say that I'm sure our recycling program is starting immediately. Thank you. APRIL 25, 1989 343 SUPERVISOR MURPHY: I ~ould just like to say that we've had a recycling program in the Town, and obviously, George, the Town Board disagrees with you, that these were legitimate expenses and I'd like to remind you as was explained to you, they will be reimbursed to the Town most all of these costs by the firm and the reason that it was done, so we could get an operating permit much sooner, and not have another six or seven months to delay. COUNCILMAN PENNY: If I could be guaranteed that, and I said this at the work session, if I could be guaranteed that Daneco was going to reimburse these monies, I would have gone for it, but as yet Daneco has not completed..we've not completed the negotiation process and there is no guarantee that the Town will ever see this money back. SUPERVISOR MURPHY: I'm sorry. I didn't hear you say that. I didn't hear you say that at the meeting. COUNCILMAN PENNY: Ray, did you hear it? JUSTICE EDWARDS: Yes. I did. COUNCILMAN PENNY: Thank you. COUNCILWOMAN COCHRAN: I believe that Daneco has indicated that they are going to reimburse these charges, although negotiations are still going on. I believe I have enough faith in the company that they will uphold their obligation. COUNCILMAN PENNY: We'll see. SUPERVISOR MURPHY: (No response.) If not, for coming out. Anyone in the audience like to address the Town Board? I think a motion to adjourn is in order, and thank you Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 4:05 P.M. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED.