HomeMy WebLinkAboutTB-04/05/198810 3
SOUTHOLD TOWN BOARD
APRIL 5, 1988
WORK SESSION
Present: Supervisor Francis J. Murphy, Justice Raymond W. Edwards (2:00 P.M.-
arrived late due to inclement weather), Councilwoman Jean W. Cochran, Councilman
George L. Penny IV, Councilwoman Ruth D. Oliva, Councilwoman Ellen M. Larsen,
Town Clerk Judith T. Terry, Town Attorney James A. Schondebare.
9:I5 A.M. - Police Chief Winters met with the Board to discuss the proposed amend-
ment to the Alarm Systems Law by deleting Alarm Agent and changing the penalty
section. The Chief stated the Alarm Law is working very well, residents are comply-
ing and cooperating (see resolution no. 4).
9:25 A.M. - Community Development Administrator James McMahon met with the
Board to discuss the proposed partial 1988 budget for the Seed Clam Program under
the NYS-DEC Shellfish Management Grant. Mr. McMahon said it will be necessary
to purchase the lumber and hardware shortly for the construction of 15 new clam
racks. The Town Clerk will advertise for bids when the specification list is complete
(see resolutions no. 5 and 16).
9:30 A.M. - For Discussion Items: (1) Memorandum from the Office of the Town
Attorney concerning the definition of "family" under the Zoning Ordinance. Town
Attorney Schondebare and Assistant Town Attorney Berntsson recommend an amend-
ment to Section 100-13 to clarify the definition. The board agreed, and a proposed
Local Law will be prepared. (2) Memorandum from Town Attorney Schondebare
with regard to the purchase of testing equipment for use by Trustee President
Bredemeyer, stating the equipment will be owned by the Town. Town Board has
no objection to the purchase of this equipment. (3) Application from Account C,lerk
Barbara Rudder for the vacant position on the Board of Ethics - Board agreed
to her appointment (see resolution no. 17). (4) Application for renewal of a trailer
permit by Laurel Greenhouses, Inc. - ~3oard approved (see resolution no. 18).
(5) Application for renewal of trailer permit by Wolf Pit' Nurseries, Inc. - Board
approved (see resolution no. 19). (6) Discussion of the candidates interviewed
for the two vacant positions on the Water Advisory Committee. After some discussion,
the Board agreed to expand the committee from five to seven (see resolution no.
20) and appoint four new members (see resolutions 21 & 22). (7) Trailer permit
application by Richard and Sophia Greenfield - see 11:25 A.M. and resolution no.
23). (8) Discussion relative to adding the automobile of Beach Manager Robert
Muir to the ToWn's auto liability policy ~nd general liability policy. Since Mr. Muir
transports lifeguards and uses his vehicle to travel to the beaches throughout the
summer season~ Board agreed to the coverage and amended resolution no. 2.
10:25 A.M. - David Emilita conducted asC'opinc, i session on the.Carr-Wanat change
of zone application. John Hart, esq. and associates, Henry Raynor, Richard Carr,
Sam McLendon and other interested invididuals were present during this session.
Mr. Emilita e"xplained that this is to be treated as a second site of a two-sited project,
the Norris EState Subdivision property being the other property in question. Since
both appl'ications comprise essentially one project occurring on two sites, a single
DEIScovering both sit~s is approl~riate. It w~s determined that the Planning Board
would retain lead agency status with respect to the Norris site, and the Town Board
retain lead agency status with respect to the Carr-Wanat site and would address that
portion of the DEIS concerning the change of zone site. Once an understanding was
reached with respect to'the applicant proceeding on a parallel course with the 131arming
Board and the Town Board:, Mr. Emilita commenced the scoping session.
104
APRIL 5, 1988
11:25 A.M. - Board met with Sophia Greenfield to discuss the location of~a temporary
house trailer on her property north of Route 48, Peconic, during the construction
of her new home. Board agreed (see resolution no. 23).
EXECUTIVE SESSION
12:10 P.M. - Board discussed personnel and litigation.
12:30 P.M. - Recess for lunch~
2:00 P.M. - Audit of vouchers.
2:50 P.M. - Board met with Garrett Strancj, Architect, and Royal Gifford of the
North Fork Animal Welfare League, Inc. to discuss construction of a Dog Pound
Administration building. Mr. Strang will prepare a proposal for his services, and
an estimated cost proposal for the building.
3:25 P.M. - Board reviewed the resolutions to be voted on at the 7:30 Regular
Meeting. j
3:45 P.M. - Work Session adjourned.
REGULAR MEETING
7:30 P.M.
A Recjular Meeting of the Southold Town Board was held on Tuesday, April
5, 1988 at the Southold Town Hall, Main Road, Southold, New York. Supervisor
Murphy called the meeting to order at 7§30 P.M. with the Pledge of Allegiance to
the Flag.
Present: Supervisor Francis J. Murphy
? Justice Raymond W. Edwards
Councilwoman Jean W. Cochran .
Councilman George L.. Penny IV
Councilwoman Ruth D. Oliva
Councilwoman_ Ellen M. Larsen
Town Clerk Judith T. Terry
Town Attorney James A. Schondebare
SUPERVISOR MURPHY: The first order of business is a resolution approving the
audit of the bills of April 5th, 1988.
Moved by Councilwoman Oliva, seconded by Councilman Penny, it was
RESOLVED. that the following audited bills be and hereby are ordered paid: General
Fund Whole Town bills in the amount of $25,872.98; General Fund Part Town bills
in tl~e amount of $12,725.53; Highway Department Whole Town bills in the amount
of $11,004.84; Highway Department Part Town bills in the amount of $2,296.67;
Fishers Island Ferry District bills in the amount of $6,043.25; Fishers Island Ferry
District Age, ncy and Trust bills in the amount of $53.75; Town Agency and Trust
bills ,n the amount of $1,336.85; Nutrition Fund b,lls in the amount of $7,111.72;
AdUlt'Day Care bi'lis in the amount 'of $30.9~_2~; Home Aide Program bills' in the
of $103.60; Supplemental Nutnt,on Assistance Program b,lls in the amount of $2,098.3"B;
Computer Capital Account bills ,"h~-the amount'of $2,104.70; Community De~veiopment
Fund bills in the amount of 7,055.$5.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny~ Councilwoman Cochran, Supervi$oi' Murphy. Abstain: Justice Edwards.
This resOlution was declared duly ADOPTED.
SUPERVISOR MURPHY: Next is a resolution to approve the minutes of'the Town
Board meeting of March 22nd, 1988.
APRIL 5, 1988
Moved by Councilwoman Cochran~
RESOLVED that the
meeting be and hereby are a
105
oman Larsen, it was
ular Southold Town Board
Vote of the Town Board: Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murph~z.
This resolution was declared dUly ADOPTED.
SUPERVISOR MURPHY: Next is a resolution setting the next meeting date for the
regular Town Boa .... ~...~ ...... .~88, 7:30 P.M. Southold Town Hall
Moved by Justice Edwards, seconded by Councilwoman Larsen, it was
RESOLVED that the next regular meeting of the $outhold ]'own Board will be held
at 7:30 P.M., Tuesday, April 19, 1988, at the Southold Town Hall, Main Road,
Southold, ~lew York.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared du~y ADOPTED.
I. REPORTS.
SUPERVISOR MURPHY: Okay, the first item on the agenda are Reports. These
are all on file in the Town Clerk's Office for anyone who would like to look at them.
1. Affordable Housing Program report- March 17, 1988.
2. Town Clerk's monthly report - March, 1988.
3. Accounting and Finance Report - leave time taken for the month of
December, 1987.
4. Recreation Center Usage report - March 7, 1988 - March 27, 1988.
5. Building Department's monthly report - March, 1988.
6. Town Justice Edwards - monthly report - March, 1988.
7. Recreation Department - monthly report - March, 1988.
8. Dog Shelter report - March, 1988.
9. Councilmen's reports. At this time I would like to ask the Councilmen
if they have anything special to report, starting on my right with Ruth.
COUNCILWOMAN OLIVA: Thank you, Frank. On March 23rd I was very privileged
to attend the 14th Anniversary luncheon of the Nutrion Program. ! think they've
done such a wonderful job, and ! wish to congratulate Vee McKeighan and her staff
for a terrific job well done. On March 28th I attended the Special Brown Water
Protection Area Advisory Committee to the Long Island Regional~Planning Board.
There were p.resentations given by both Brookhaven Town and Southampton Town .
on their master plan updates and what they're trying to do to preserve their water-
shed area and their open space. Basically they're trying to upzone or have upzoned
some areas. Brookhaven is attempting to do some TDR's in their own school district,
each separate school district. They hope for outright acquisition if we get tha~
landbank tax, and clustering. :That.evening I atte~cled tl~e Gr~enport Utility
Committee meeting. On March 31st we had the Water Advisory Committee interviews,
and I must say we had many very good applicants, and it was very difficult to
come to a decision today on who to chose. They were really very good. And also
on March 31~ Thursday ever~ing, were down at the Peconic Center for the lottery,
for the affordable housing, and if:you cou d see how packed that place was. There
is such a desperate need here in $outhold Town for affordable housing, and the
14 people that were picked, ~ instunned silence the whole time
when their pictures were beY there. So 'it was very
gratifying to see. that ray, and hOpefully we
will have more in the fulure; Thank
SUPERVISOR MURPHY:
COUNCILMAN PENNY:
SUPERVISOR MURPHY:
Gedrge?
No, nothing at this time.
Jean?
Thank you.
COUNCILWOMAN COCHRAN: Yes, on March 23rd I also attended the Anniversary
of the NutritiOn Center. Good food, good d~mpany, and good music. So we alt
enioyed, At 5:00 also on the 23,rd, at the request of Parents of the Developmentally
Disabled, Supervisor Murphy and~m_-yself, Ken Reeves, Recreation Director, and
Lynne Richards, coordinator of the program, met to discuss the program, budgeted
funds and obtaining support from the community. I felt it was .a productive meeting.
On the 21~th of Ma:rch I attended a meeting of the Southold Town Supported Work
Project for the Disabled and we're beginning to develop a packet for information
to the community, and also worked on guidelines for potential participants in the
program. On the 31st I also interviewed the candidates for the Water Advisory
Committee. In the evening 1 attended the Affordable Housing Lottery. As Ruth
said, it was gratifying for those that won, but I think I focused more on those
that didn't, and it br. ought home more deeply--we all realize that there certainly
is an affordable housing problem--but it brought more closely to home the fact
that there were many more that did not have thei~-~problem solved, and i have
APRIL 5, 1988
rededicated myself to working in this direction. I think it's sorely needed. Last
evening ! attended a meeting of the 350th Anniversary Committee. Part of the
discussion of the evening was their their insurance liability, some of the things
that they're planning for Southold's 350th Celebration. Also I would like to report
under Parks and BeaChes that there will be a walk-tftrough inspection of all our
beaches with the Suffolk County Health Department and that is set for Friday,
May 13th at 9:00 A.M., and members of the committee should have a notice on that.
AlSo there is a meeting set with the Hi§hway~ and the Plannincl Del~artment for Friday
the 7th at 3:30. We will again be discussing roads and minor-sub'divisions. I think
that's it, Frank.
SUPERVISOR MURPHY: Thank you, Jean. Ellen?
COUNCILWOMAN LARSEN: Thank you, Frank. I'm happy to report tha: I ar,
recovered from bronchitis, as has everyone in my family. We're all finally healthy
again.
SUPERVISOR MURPHY: Keep your fingers crossed.
COUNCILWOMAN LARSEN: Yes, for a while. On Monday, March 28th, I traveled
to Kings Point for the EPA designation of the Long Island Sound as a National Estuarine
Sanctuary. I had the opportunity to meet with many of our Long Island State Senators,
many of our Congressmen from Long Island, and many people from the EPA, Sea
Grant, on the problems that we are addressing right now, which is Brown Tide.
In 1985 the Federal Government designated 4 million dollars to begin studying the
problems associated with pollution in four major estuaries in the United States.
Among them were Narragansett Bay in Rhode Island, Fredericks Bay in Massachusetts,
the Long Island Sound which abuts New york and Connecticut, and the Puget Sound
in Washington, and .it was a defacto beginning for the National Estuarine Pr~ogram
addressing pollution problems related to overuse of a resource and development.
In 1986 two additional estuarines were added to it, the Pa~metco Sound in ~lorth
Carolinat and San Francisco Bay. The long term management plans have been outlined
in terms of comprehensive conservation and estuarine management. I think the
two most hard hitting facts that I came away with after listening to many very good
speakerS, including Fran Flanagan who's involved with Chesapeake Bay since its
inception, was that number one, estuarine management is not a short term commitmen~
that We.are in it for. the long haul. That it's gong to take the cooperatiqn of
many user groups, including business men. It's not just an environmental issue.
We need ~commitment from homeowners, from businessmen to realize the value of
our resource here in the PeconicIGardiners Bay system. Also, another thling that
hit home very strongly with me is that we have--with very little-funds, o~ no fund-
ing, on a regi~onal approach through the Peconic Bay Task Forcer addressed many
of the problems with the resources that we have available as far as technical expertise
and "citizen input--many of the problems that we've spent millions of dollars on
the federal level addressing as far_ as toxic contaminants, hypoxiat and fish and
shellfish resource, so I think we in our area are very fortunate that we have the
commitment among citizenry and th~ government officials to start working on a regional
aPProach to soiv~ the problems plagu ng the Peconic. On Tuesday the 29th I traveled
by invitation to Shelter 'Island to speak with the Baymen's Association there, which
was attended by 25 people--I don't know if they were all necessarily businessmen.
Tl~ey were Specifically interested in how Southold has hand ed the documentation
of our r~oad ~'un-of~ i~robl~ms... We"re really in the ~f°refront of many~of the East
End towns with the information that we have on hand as far~ as non,point ~ource
pollution sources i~n the Town, and the Town Board has made a very good commitment,
along with the Highway Department, on solving these problems and ~c~res~ing them.
On Wednesday the 30th Ruth and I held office hours, and again I have to add that
they have been very productive. I think the citizens that~ I~ave cOme. in to speak
with us--we've had a wonderful response from the Town Attorney and from any
Town Board members in solving problems and getting answers back to constituency,
so don't ever let 'it be said that you can't come to any of your Town Board members
and speak with them and get answers, because our off~ce hours ~re proof that --
you can. O~ Thursday the 31st I did participate with Jean, Ruth and George in
interviewinc~ th.~ Water Advisory candidates:. I think we interviewed ten people,
alt witl~ v~ry good :credentials, and I think we arrived at a really good concensus
of the Town Board as far as fillirTg-these vacancies. A~ I t ng on the
31st the Affordable Housing Lotter¥~was held. Agai t at the i~acked
Peconic Civic Center, seeing familiar faces of people ~with~, p~op e
who have hung in Southold Town for the Iong run, ng here,
still living here, haven't moved away, I don't see how. a~ be in
favor of affordable housing for: Southold Town. e their
roots here, that contribute to the community, and w.~ ~ward
to working with Jean on the A~fordable Housing Corrlmi Jear y
dedic_ated to it, and -hopefully that will on Y be the ~egino~ngi nk you.
SUPERVISOR MURPHY: Thank you, Ellen. Judge Edwards.
I, 0 7
JUSTICE EDWARDS: Thank you',, Frank. 'On the 23rd of March in the morning l
picked up the Motor Vehicle ~amera in Riverhead to take back to Fishers Island,
and luckily enough it will fit in a §mall plane so I could fly it back. I also attended
the Nutrition Center luncheon down there which was very, very. enjoyable, Over
this past weekend, Saturday, there was a Board of Directors meetin~l of ~he Civic
Association and we brought up our Walsh Park Association over there for affordable
housing 'We have 20 applications for 12 houses over there, so we're not as bad
off as Greenport. Whether or not we'll have to go to a lottery we won't know until
the final stages.
During the weekend, Saturday, Sunday and Monday, I took 30
re for Drivers License~ on , .also.
a lot of
here to Riverhead.
for some of the
to White Plains
'yesterda)
couldn't fly
the Board ng. Needless to :sa,
of the bills, in fact i~n~ as I didn"t
to thank Ellen for the 'EPA handout that she:got
has Ruth's nam~ on it, l' §till got it and I will enjoy
Thank you,._ Frar~k.
get down
had a few late
~.his morning I
OIFient, and ~1 missed
audit
I want
gh it
I guess that's it.
SUPERVISOR MURPHY: Thank you, Judge. I guarantee you we won't make a
mistake on who Ruth is and who you are. Okay. i'd just'like to add a little on
the Nutrition Proc~ram. Our County Executive came Our and I could tell you he
was most impressed with what Southold has to offer. I think we have one. of the
finest Nutrition Programs in the Whole County, and I would even go as far as the
State on the. areas' of service that we've been managing to do, and it really is a
fantastic program, and I can't say enough thanks ~r ~u~ Director Vee Mci~eighan,
and the many volunteers, the senior clubs, the seniors 'who,support and help Vee
in her work. i'~, was honored today at a luncheon by the East End Senior,s Council,
and as all the' Eas~ End SUpervisors were, and-it reallY~ i~ f~ntastic the amount
of work that these people donate to the Town on helping people who maybe for
whatever reason ~ann0~ hel'p themselveS, and they Volur~e~iin many, many aspects,
and it really is fantastic, and it's a ~ery good tie-in, anti I'think i;~ speaks very
well for the people of Southold Town. I also attended the housin~ lottery and
it was fantastic. Yes, government has to get involved.'-So~thold To~vn has been
involved over the years, and I think we're doing pretty/ :wel:l, on a local level. This
is an issue that really has to go up to the state and th~ na~[ional 'level, and I do
think we're starting to see some movement and funds comioglidown on programs,
innovative programs, and this is the only way it's going t~ .happen. W:e alt--all
of us older people ail participated in--after World War Ii, an!d~ t~e big war ;in Korea--
we participated in various lg~vernment programs that re'lily developed suburbia.
The G.I. Mortgage, and go~,ernment has to participate, ar~d'~o~l'm very glad to,
see--this is only the beginning, and I'm very happy that we were able to have
this lottery and that there are 14 young families that are,.very pleased. TOo bad
it can't be more, but there will be more. I would just allse like to comment--~our
Congressman was out here a week and a half ago to have~ a public informational '
meeting to listen to the people, and I came to introduce him~ and this pla~:e was
packed. Again, this is good for the Town, people coming out and telling us what
they want, and telling our State, our Federal officials exactly what they want,
and that these officials are available. I think this is fantastic.
!1. PUBLIC NOTICES.
SUPERVISOR MURPHY: Moving on to Item I1 on the agenda, Public Notices. There's
ten of them. These are all placed on the Town Clerk's Bulletin Board.
I. New York State Department of Environmental Conservation public notice
that t. he DEC is reviewing the application of Mr. G. C. Mal~thiessen, Fishers Island,
to obtain an Off-Bottom Culture of Shellfish Permit, including a Temporary Marine
Area Use Assignment, which will allow the placement and m~i~tenance of up to 1,000
..... plastic mesh~bags deployed in a long line manner in the waters of West Harbor.
Public comments to the DEC by April 22, 1988.
2.' Dime.~sion Cable Services notice of.:.~a~ Low Income 'Senior Citizens' Cable.
TV DiScount. This is a new application on how Iow income seniors can apply for
.~ a discount o'n cable TV. ~-
3. U.S. Army Corps of Engineers public notice 'of application of Matt-A-Mar
Marina for a pier extension at Mattituck Creek. Comments I~y April 18, 1988.
4. Senior Action Mobile locations in Southold Town. We're looking for other
locations. If anybody has ahy other locations they feel that this man should go
to, all we have to do is call the office and they will be coming.
5. From Sheriff Eucjene T. Dooley that the Monsanto A~r cultural 'Company
through the Research Trla~c~le Institute will be undertaking wate~ samples for testing
throughout the Suffolk County. This is to test for contamination from pesticides
and lead in private wells. Don't be afraid, but make sure you know their credentials
if someone is knocking on. your door.
6. New York State Department of Environme~.~t,al Conservation transmitting
a copy of the most recent Annual Report of Inactive' Hazardous Waste Disposal Sites
in NewYork State, and a description for each within NYS-DEC Regi.on 1.
108
APRIL 5, 1988
behalf of the approva!
County Water Authori
so 'a real problem .for an
9. New
Application
parcel near Lon~
tidal wetlands.
Land Use Regula
the wetlands
7. New York State Department of Transportation Notice of Order establishing
a "No Stoppin~]-Anytime" restriction on the south side of Route 25, from 50 ft.
~vest of to 15 ft. east of the driveway of the Mattituck Free Library.
8. New York State Department of Environmental Conservation Notice of Complete
'Application of the Suffolk County WatEr Authority, seeking approval' to acquire the
w~ter ~supply system of the Caot~in Ki~td water ~oml~an¥ anc~ to extend the serviCe
are of the SCWA s Westhampton District to include the area presently served by
this Company. The Captai~ Kid~t Wa~er Co~, located at' Nor:~h Matt tuck r ToWn
v.~ ¢.,,~u~,,,,,,~'~ ~";"~... ~'~ operated independently since 't ~s too far ·from~ the SC"~'A'~ exist'ng
distribution s'~stem. I wo~ Ii 0mm~ nt that I appeared before the County
Legislature nt sales tax extension, but also spoke on
ompany to the Suffolk~
I;t was, passed that day and
ms been, solved. Comments by 4~88.
lronmenta~ Con~er~va~i0n' N~t'ice Of C~mp~e
subdivide a 65.4 acre
~f~ the proposed lots contain
.meet aH r~equ,i~ements in Tidal Wetlands
~clude permanent naturally vegetated buffer areas between
g en~Zel0pes. An access ~oa~l is~ planned for lots 9-13.
Project site~is on the west side of Mill Lane in Mattituck, between Middle Road and
Mill Road. Comments to the DEC by April 15, 1988.
10. Southold Town Hi~thwa¥ Department notice of Clean-Up Week. April 25th-
Orient Point to Truman's BeaCh, April 26th - Truman's to Moore's Lane,
Greenport, April 27th.- Moore's Lane to South Harbor Roa¢ Southold, April 28th -
South Harbor Lane to New Suffolk and Nassau Point to Lane, Cutchogue,
April 29th - AIvah's Lane to Mattituck to Laurel Lane, Lau~gl.~So, if you have
any problems, any questions ~0n what they'll pick up, call th.e Highway Department.
This is a very important part. We feel it's very important ~hat we are trying to
get the streets cleaned up, and if eVerYbody di~ ~he r littl~'~ bit alon~ the hi~.hwa~s-
e have a group of the honor students in the three local schoo s who are volunteer-
ing, and hopefully We'll have a program of going around a~d organizing a group
to pick up the litte~ on the sides of roads. Coming inl~ .the spring season, let's
get our town looking as nice as we can.
III. COMMUNICATIONS.
SUPERVISOR MURPHY: There is one communication, and it's a letter from Ri~3~d
Ryan, the Regional Supervisor~ ~lew York State Department of Environmental~e~
and is an answer to a lot of people's concerns in Orient, mainly, on the possibl~
acquisitions of wetlands, and doing the appraisals down there. He makes sense,
and hopefully this will answer a lot of questions for people, and this is how they
would like to move on it.
IV. PUBLIC HEARINGS.
SUPERVISOR MURPHY: We have three public hearings scheduled for 8:00 o'clock,
so we'll move on to item V, Resolutions.
V. RESOLUTIONS.
SUPERVISOR MURPHY: I would just like.to restate the Town Board's policy. If
anyone would like to address the Town Board on any of the proposed resolutions
you may do so now. If you would like to address the Town Board on any other
matter, we ask that you hold it until after the resolutions are finished, arid at
the end of the meeting, and the Town Board will stay as long as anyone wants,
to listen to any comments you have on any subject. Again we ask your to limit
your comments to any of the proposed resolutions at this time. Would anyone like.
to address the Town Board on any of the proposed resolutions? Over here on
my left? (No response.) Middle? (No response.) Over on the right? (No response.)
Hearing none, we'll move on to the first resolution, and it's atr, ailer permit renewal.
1.-Moved by Justi-ce Edwards, seconded by Counc Iwoman Larsen, it was
RESOL.VED tha~ the application of Sophie T. Saunders for renewal of I~er single
family house trailer permit, for t:ai__le_r located on the north side of Main Road, Laurel,
~:-- New York, which permit expires on_April 7, 1988, be and hereby is 9ranted For
a six (6) month period.
1.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, justice Edwards, Supervisor Murphy.
This, resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 2 is to appoint a Beach Manager.
APRIL 5, 1988
09
2.-MoYed by Councilwoman~Cochr~,n, secor~ed~by~C0gncJ~an Penny, it was
RESOLVED that the To~?Boa~ ~"~:~-~ '~:~Li'~l~i'd hereb~ appoints Robert
Muir to the position of Beach Manager for the 1988 summer season, at a salary
~f $3,967.43 for the season; and be it further
RESOLVED that whereas Mr. Muir uses his personal vehicle in the course of his
duties that his vehicle be added to the Town's automobile policy and general liability
policy.
2.-Vote of the Town Board: Ayes' Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, CounCilwOman Coc~ran,' Justice Edwards, Supervisor MurPhy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 3 is to appoint a Beach Attendant for the 1988
season.
3.-Moved by Councilwoman Larsen, seconded by Justice Edwards, it was
RESOLVED that the Town Board of t~he Town of Southold hereby appoints Jack
Lake as a Beach Attendant for the 1988 season, at a salary of $5.46 per hour.
3.-Vote of the Town Board: Ayes: Coun¢i~t. woman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolu~tion was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 4 is ~to approve the enactment of Local Law No.
6, which is a "Local Law in relation to the Regulation and Control of Alarm Systems".
I offer that resolution.
4.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva,
WHEREAS, a proposed Local Law No. 6 - .1988 was introduced at a meeting of this
Board held on the 8th day of March, 1988; and
WHEREAS, a public hearing was held thereon by this Board on the 22nd day of~
March, 1988, at which time all interested persons were given an opportunity to be
heard thereon; now, therefore, be it
RESOLVEO that Local Law No. 6 - 1988 be enacted as follows:
LOCAL LAW NO. 6- 1988
A Local Law in relation to the Regulation
and Control of Alarm Systems
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 24 (Alarm Systems) of the Code of the Town of Southold is amended as
follows:
I. Section 24-2 is amended by deleting the term "ALARM ~AGENT~' and its definition.
Section 24-3 lA) ia amended b.y deleting the word "person".
Section 24-3 lB) (2) is deleted.
Section 24-3 lC) (3) is deleted.
Section 24-4 lB) is deleted.
Section 24-6 is amended by deleting the term "alarm agent" ' from the third sentence.
Section'24-10 is amended to read as follows:
Any person, firm or corporation who does not pay any charge or fee
established in this chapter shall be subject to a fine not in excess of two
hundred fifty dollars ($250.00) for each offense. A separate offense shall
be deemed committed upon each day during which a violation occurs or is
committed, and such violation shall be construed as a violation against this
Chapter.
I1. '[his Local Law shall take effect upon its filing with the Secretary of State.
4.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Couni~ilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 5 is-to accept the DEC Management Grant.
5.-Move~l by Councilwoman Oliva, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the New
York State D.__epartment of Environmental Conservation Shellfish Manaqement Grant
in the amount of $59,150.00, and hereby authorizes Su
to . pervisor Francis J. Murphy
execute the..Municipa Assistance Contract~,,~or the period June 1, 1988 througl~
December' 31, 1988 with respect to said Shellfish Management Grant.
-~5~.-Vote of the Town Board: Ayes: (~ouncilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran,~-Justice Edwards, S~pervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And' Number 6 is to authorize the attendance at a conference.
6.-Moved by Councilwoman Larsen, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southoid hereby -authorizes Town
Board members to attend the 18th Annual BioCycle National Conferenc~ to be held
on May 18, 19, 20, 1988 at Philadelphia, Pennsylvania, and the necessary expenses
for travel, meals, lodging and $275.00 registration fee for each registrant shall
be a legal charge against the Town of Southold. ~_~
6.-Vote of the Town Board: Ayes: Councilwoman Lars~,.Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
APRIL 5, 1988
SUPERVISOR MURPHY: And Number 7 is to appoint Frances Wa!oski as a~Traffic
Warden and as a School Crossing Guard. I offer that resolution.
7.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Frances
Waloski as a'Traffic Warden, at a salary of $6.50 per hour, and as a School Crossin~
~uard, for the Matti1~Uck School crossing, at a salary of $18.00 per day, effective
immediatel ¥.
7.-Vote of the Town Board: Ayes: Councilwoman ~arsen, ~uun~liwoman
man Penny, Councilwoman Cochran, justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 8 is to reaffirm the acceptance of a bid.
8.-Moved by Justice Edwards, seconded by Councilwoman Cochranf ~t was
RESOLVED that the Town B, oard of ~he Town of Southold hereby reaffirms the accept-
ance of the bid of Tryac Truck & Equipment Co., Inc. for supplying the Town
with one (1) 1979 Mack model DM 685 SM Quarry Truck, all in accordance with
the bid specifications, at a total cost of $33,980.00; sa~d ~ruck to be purchased
with Community Development Year 12 funds.
8.-Vote of the~Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 9 is to request a New York State Department of
Transportation to conduct traffic surveys. I offer that resolution.
9.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Bo~rd ot~ the Town of Southold hereby requests the New
York State Department of Transportation to conduct the foilowin~ traffid studies
to determine the need~for traffic lights:
1. Main Road (Route 25), Cutchogue, in the vicinity of the King I~ullen
Shopping Center.
2. Main Road (Route 25) and Boisseau Avenue and Hobart Road, Southold.
3. Main Road (Rotue 25), MattituCk, from Bay Avenue to Factory Avenue,
in the vicinity of the Mattituck Shopping Center.
9.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 10 is to renew another trailer permit.
10.-Moved by Councilwoman Oli'va, seconded by Councilman Penny, it was
RESOLVED that the application of Georc~e A. McCarthy for renewal of his single~
family house trailer permit, for trailer located on private road (1900 Any Street),
off of the south side of Main Road~ Laurel~ ~lew York, be and hereby is ~ranted
for a six (6) month period.
10.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: You might have noticed the unique name of the road.
man who lives there is the only resident on the street and was ~instrumental in
calling it that - Any Street. And Number 11 is another trailer permit renewal.
The
11.-Moved by ~ustice Edwards, seconded by Councilwoman Larsen~ it was
RESOLVED that the application of An~e and Barbara Boursiquot for renewal of
their sinqle family trailer permit, for trailer located on private road, off of the
north side of Main Road, Mattituck, New York, be and hereby is ~ranted for a
six (6) month period.
11.-Vote of the~Town Board: Ayes: Councilwoman Larse~, Councilwoman Oliva~ Council-~
man Penny~ Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This r. es01utio~ was declared duly ADOPTED.
SUPERVISOR MURPHY: And Nu~ml~r 12 is to authorize a purchase.
12.-Moved by Councilwoman Cochran, seconded by Councilwoman Larsen~ it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
Recreation Supervisor Kenneth Reeves to purchase the 1988 bulk order of sports
equipment in the amount of $3,238.90; said charge to be made to A7320.4 - Joint
Youth, and A7151.4 ~ Sports Program. '
12.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva!, Council-
man~enny, Counclwoman Cochran, Justice Edwards, Supervisor Murphy.
Thi'~esol~tion was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 13 is to execute an agreement for the Elderly Home
Aide Program. ~ offer that resolution.
APRIL 5, 1988
1II
13 -Moved by Supervisor M~:rp. hy, sec,9od~.~.~~ Cour~cil~man Cochran, it was
RESOLVED that e Towti Board '~'tTii~"-T(~wn' Of Southold hereby authorizes and
directs Supervisor Francis J. Murphy to execute an agreement between the County
of Suffolk, Human Services Division, Office for the Aging and the town of Southold
for the Town's operation of a Community Services for the Elderly Home Aide Program,
effective April 1, 1988 through March 31, 1989, at a cost of $21,652.00 for the
program; subject to the approval of Town Attorney Schondebare.
13.-Vote of the Town Board: Ayes: Councilwoman Larsen, Council~voman Oliva, Council-
man Penny~, Councilwoman Cochran~ Justice Edwards, Supervisor Murphy.
This resolution was declared dUlyLADOPTED.
SUPERVISOR MURPHY: And Number 14 is to appoint a Treasurer.
l~,.-Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Raymond
W. Terry, Jr. as Treasurer of the 350th Anniversary Celebration Committee, effective
immediately.
14.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 1~ is to amend a prior resolution.
15.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby amends their
Resolution No. 7, adopted on February 23, 1988, authorizing Senior Building
Inspector Curtis Horton and Building Inspector Thomas Fisher to attend the Annual
Building Officials Educational Conference, by replacing Thomas Fisher with Building
Inspector Gary Fish.
15.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution ~as declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, at this time it's 8:00 o'clock, so I would like to
ask for a resolution to recess our regular meeting to hold the scheduled public
hearings, at this time. I offer that resolution.
Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was
RESOLVED that a recess be called at this time, 8:00 P.M., for the purpose of holdin9
three public h~arings: 8:00 P.M. - on the change of zone petition of Pudge Corp-
oration/James L. Gray, Sr.; 8:05 P.M. - on the change of zone petition of Richard
W. Corazzini; 8:10 P.M. on a proposed "Local Law in relation to Taxation."
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
Regular Meeting reconvened at 8:12 P.M.
SUPERVISOR MURPHY: I will reopen our regular Town Board meeting, moving
on to Resolution No. 16 to advertise for bids.
16.-Moved by Councilwoman Oliva, seconded by Councilman Penny, 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 lumber and hardware
for the construction of 15 seed clam racks.
16.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny; Councilwoman Cochran, Justice Edwards, Supervisor Murphy.-
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 17 is to appoint a member to the Southold
Town Board of Ethics.
17.-Moved. by Councilwoman Larsen, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Tow'~i' of Southold hereby appoints Barb~ra
Rudder, Account Clerk for the :gQ_wJ~ of Southold, a member of the 'Southold Town
Board of Ethics, effective immediately, she to serve in. said position without
compensation.
17.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman C-ochra.n, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 18 is a trailer permit renewal.
18.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the application of Laurel Greenhouses, Inc. for renewal of their
watchman trailer permit, for trailer located at Kirkup Lane, Mattituck, New York,
be and hereby is granted for a six (6) month peri~t-.
18.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva. Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy,
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 19 is another trailer permit renewal.
19.-Moved by Councilwoman Cochran, seconded by Councilman Penny, it was
RESOLVED that the applications of Richard T. Girards, Wolf Pit NurserieS, Inc.
(tormeriy Newbridge Plants, Inc.) for renewal of'two,(2) trailer permits - office
and employee break area trailer, and office .trailer, both located-at 6900 Wickham
Avenue, Mattituck, be and hereby are 9ranted for a six (6) month period.
19.-Vote of the Town Board:. Ayes: Councilwoman Larsen, Councilwoman Oliva, Council~
~ ~-n~-~, ~nJ Cochran, Justice Edwards, Supervisor Murphy.
This resolution was dc~lared duly ADOPTED
SUPERVISOR MURPHY: And .Number 20 is to amend a prior resolution.
20.-Moved by Councilman Penny, seconded by Councilwoman Cochran, it was
RESOLVED that~the Town Board of the Town of Southold hereby amends the Southold
Town Board resolution adopted on March 22,, 1983 formin9 the Water Advisory Committee
by increasing the number of members from five (5) to seven (7).
20.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy~
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 21 is to appoint two members.
21.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints William
M. Gremler, Sr. and Martin H. Sidor as members of the Southold Town Water Advisory
Committee, effective April 5, 1988 through July 3, 1988, they to serve in said positions
without compensation.
SUPERVISOR MURPHY: I might just add at this time just to clarify the' appointment
dates, the terms of the prior members expire on July 3rd, 1988, and they will then
be reappointed for a five year term. This is just so it coincides so it is much
!~' \~two years there will be two'
easier -for the bookkeeping and the records of this. They are staggered term$~i~.
on this committee. We've just increased it and on ~°F...ii:~L.,~$
appointed instead of just one.
21.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, G. ouncilwoman Cochran, Justice Edwards, Supervisor Murphy~
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 22 is to appoint two more members to this
same committee.
22.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Walter
L. Smith and Mark S. McDonald as members of the Southold Town Water Advisory
Committee, effective April 5, 1988 through July 3, 1990, they to serve in said positions
without compensation.
22.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, SUpervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 23 is another trailer permit.
23.-Moved by Justice Edwards, seconded by Councilwoman Larsen, it was
RESOLVED that-the application of Richard and Sophia Greenfield for permission
to [}lace a sinqle family house trailer on their property on a r~ht-of-way off of
the north s?de of County Route 48, west of Henry's Lane, Peconic, while their
residence is 'u~nder construction, be and hereby is granted for a six (6) month
period.
.~.2~3.-Vote of the Town Board: Ayes:--CoLqncilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran,- Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 24 is to appoint Scott Allen as Special Counsel
to the Chief of Police, effective immediately. I offer that resolution.
24.-Moved by Supervisor Murphy, seconded by COuncilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Scott
Alle:~-,~as a Special Counsel to .the Chief of Police for the purpose of instituting and
prosecuting departmental charges, effective immediately, at a fee of $125.00 per
hour.
APRIL 5, 1988
113
24.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Justice Edwards, Supervisor Murphy. Abstain: Councilwoman Cochran.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: If you would like we can vote on the three public hearings
we held tonight. The first one , Number 25, is on Local law No. 7, which is a
"local Law in relation to Taxation,, which is the increase of the senior exemption.
I offer that resolution.
25.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran,
WHEREAS, a proposed ,Local Law No,. 7 - 1988 was introduced at a meeting of this
Board held on the 22nd day of March, 1988; and
WHEREAS, a public hearing was held thereon by this Board on the 5th day of April,
1988, at which time ali interested persons were given an. oppgrtup!ty .to be heard
thereon; now¥ therefore, be it
RESOLVED that Local ~Law No, 7 - 1988 be enacted as follows:
LOCAL LAW NO. 7- 1988
A Local Law in relation to Taxation
BE IT ENACTED by the Town Board of the Town of Southold as follows:
(additions indicated by underline, deletions by Ibrackets,].
Chapter 85' (Taxation) of the Code of the Town of Southold is amended as follows:
I. Section 85-2.A~. is amended to :read as follows:
A. If the income of the owner or the combined income of the owners of
the property for the income tax year immediately preceding the date
of making application for exemption exceeds the sum of [nine thousand
dollars ($9,000.)] twelve thousand dollars ($12~,000.). "Income tax
year" shall mean the twelve-month period for Which the owner or owners
filed a federal personal in'come tax return or, if no return is filed, the
calendar year. Where title is vested in either the husband or the wife,
their combined income may not exceed such sum. Such income,shall
include social security and retirement benefits;,~ interest; dividends;
total galn* from the sale or exchange of a capital asset which may be
offset by a loss from the ~sale or exchange of a~ capital asset in the
same income tax year; net rental income, salary or earnings; and the
net income from self-employment, but not inclu~ling a return of capital,
gifts or-inheritances. In computing net rental' income and ~net income
from self-employment, no depreciation deduction shall be allowed for the
exhaustion, wear and tear of real or personal property held for the
production of income.
I1. This Local Law shall take effect upon its filing with the Secretary of State of
the State of New York.
25.-Vote of the Town Board: Ayes: Councilwoman Larsen, CouncilWoman Oliva, Council-
man Penny, Councilwoman CoChran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 26 is a resolution 'approving the Pudge Corp-
oration change of zone. I offer that resolution.
26.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran,
WHEREAS, Pudge Corporation/James L. Gray, Sr., by petition dated January 29, 1988,
petitioned the Town Board of the Town of Southold for a chanqe of zone on certain
property situated at Cutchogue, Town of Southold, New York, from "A'~- Residential
and Aqricultural District to "C" Light Industrial District; and
WHEREAS, the said petition was referred to the Southold Town Planning Board and
Suffolk 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 5th day of April, 1988, at 8:00 P.M., at which time all interested persons were
giveo an opportunity to be heard; now, therefore, be it
RESOLVED that Pudge Corporation/James I_. Gray, Sr. be and hereby is .granted the
relief demanded in said petition for a change of zone from ~'A" Residential and Agri-
cultural Oistrict to "C" Light Industrial District on all that certain plot, piece or parcel
of land, sit~ate, lying and being at Cutchogue, Town of Southold, County of Suffolk,
and State of New York, and more particula~J~¥ bounded and described as follows.:
BEGI~NI'NG at a point on the northerly side of Middle Road (C.R. 48), at the southwest
corner adjoining land of John Wi~ck~h~m; running thence along said land the ,followinq
two (2') courses and distances: (1) North 56 degrees 55 minutes 50 seconds West :~70
feet; (2) South 23 degrees 14 minutes West I00.73 feet to land of Southold Town; runnin
thence along said land North 57 degrees 17 minutes 50 seconds West 180.71 feet to other
land of the party of the fir-~t part; thence along said land North 29 degrees 30 minutes
40 seconds East 707.52 feet to the westerly line of Cox Lane; thence along said line
South :60 degrees 29 minutes 20 seconds East 369 feet; thence on an arc~ bearing to the
right with a radius of 71.51 feet, 122.80 feet to the northelry line Of Middle Road (C.R.
48); thence along said line on an arc with a radius of 1969.86 feet'a distance of 377.37
feet; thence South 26 degrees. 14 minutes 30 seconds West 175.95 feet to the point or
place of BEGINNING.
26.-Vote o~ the Town Board: Ayes: Councilwoman Lar~n, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This reso ution was declared duly ADOPTED.
114
APRIL 5, 1988
SUPERVISOR MURPHY: Number 27 is a resolution approving the Corazzini change
of zone. I offer that resolution.
27.~Moved by Super,visor Murphy, seconded by Councilwoman Cochran,
WHEREAS, Richard W. Corazzini, b.y petition dated February 1, 1988, petitioned the
Town .Board of the Town of Southold for a chancle of zone on certain property situated
at Cutchogue, Town of Southold, New York, from "A" ~Residential and Agricultural
Oistrict to "C-i" Generai Industrial District; and
WHEREAS, the said petition: was referred to ,the Southold Town Planning Board and
Suffolk 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 5th day of April, 1988, at 8:05 P.:M., at which time:all interested persons
were cjivcn an opportunity to be heard; now, therefore, be it.
RESOLVED that Richard W, Corazz|ni be and hereby is, qranted the relief demanded
in said petition for a chanqe of zone froTM "A" Residenl~ial-'and Agrlcultural District
to "C-1" General 'Industrial Oistrict on ali t]~at certain plot, piece or parcel of land,
situated, lying and being at Cutch0gUe,~ToWn of SQuthold, County of Suffolk, and
State of New York, and more particularly; i~Ounded,-an~l d~,scri~ed as follows:
BEGINNING at a point on the westerly Ii,ne of Cox-Lane at the northeast corner of
the premises herein described and the southeast co~ner Of the land of Glqver, running
thence along the westerly line of Cox Lane South ~60 deg~'ees 29 minutes 20 seconds East
382.38 feet to other land of the party o~ the finst part; running thence along said
land South .29 degrees 30 minutes 40 seconds West 707,.52: feet to land of the Town of
Southold; running thence along said land North, 5~ degrees 17 minutes 50 seconds West
502.38 f~et to lar~d of Glover~ running thence along .s~'d,land the following three (3)
courses and distances: (1)~ N~)rth ~22 deg~es' 20 minutes ~0 ~ East 101.00 feet;
thence (2} South 57 degrees 17 minutes 'East! (3~ North 38 degrees
30 minutes 40 seconds East 588.84 feet to the southerly side Of Cox Lane, the point
or place of BEGINNING. - ·
27.-Vote of the Town Board: Ayes: CounciI~oman Larsen, ~Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards~ ,Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, that's the end of our prepared and added-on-agenda.
At this.'~ime I would like any of the Town Board if they have .any further comments,
starting on my left with Judge Edwards,. ~
JUSTICE EDWARDS: Yes, thank you, Frank. Back in March of 1983 a Suffolk
Times article ~luoted Supervisor Murphy as saying that it's unfair for the people
of Fishers Island to have to pay for Cutchogue (landfill). Now that was back in
1983. Anyway, $60,000 this year is our cost to Cutchogue (landfill), and, since
then we have tried through Mr. Tasker, Mr. Yakaboski to get something done.
Now we're going four years now, that's $200,000, and not one darn thing, has been
done about this program. I'm speaking for myself now, not for the people of Fishers
Island, but as far as I'm concerned, if it were up to me l would take the Garbage
District on Fishers Island and disband it and have Southold pick up the complete
cost of our landfill operations over there. ! think it's really a complete unjustice
to Fishers Island to spend all that money over the past four or five years for nothing.
Not one bit has been done, and you people that are faithfully here at the meetings
have heard me talk about this at least once a month, and that's my speech for
the night. Thank you, Frank.
SUPERVISOR MURPHY: Ray, thank you, and I would just like to comment. I
agree. I really don't understand why they ever formed the district in the beginnings:
but they did and it's unfortunate. They are paying twice.
JUSTICE EDWARDS: Yes.
COUNClLWOMAN-COCHRAN: Meanwhile, to sove a problem, Counselor, are you
going to take care of this piece of business, please, so that we. can finally solve.
the problem~. ~
TOWN-ATTORNEY SCHONDEBARE: Councilwoman Cochran, I've inherited the probl .
COUNCILWOMAN COCHRAN: Th~l~ you. Please give.it your immediate a~tention.
TOWN ATTORNEY SCHONDEBARE: Will do.
COUNCILWOMAN COCHRAN: Thank you.
SUPERVISOR MURPHY: Ellen, do you have any further comments?
COt~'~CILWOMAN LARSEN: No, nothing at this time, Frank. Thank you.
SUPERVISOR MURPHY: Jean?
APRIL 5, 1988
COUNCILWOMAN COCHt~-A~N: Tha~yo~; Franl~, no. ~
SUPERVISOR MURPHY: George?
COUNCILMAN PENNY: Yes, in regard to the one item of Communication that the
Town has received from the New York State DEC in response to our efforts to
contact the DEC and discuss this Orient situation, and I think that this letter falls
a little shor~t of what we asked them to do, and I might read portions of this at
this time. We ha;~e this letter and although it's written to the Supervisor, it appears
to be some sort of a form letter that was sent to each of the owners of the property,
because it says here, "Dear Mr. Murphy: I am writing toyou and certain of your
neighbors in an effort to lessen the apparent concern- that has been~ publicly expressed
by many of the wetland owners in Orient over this department's interest in acquiring
aod preserving some of those wetlands. In follow-up to my March 20th letter to
you and your neighbors, Mrs. Patricia Zielenski of my~ office and I,~haYe variously
contacted nearly every affected property owner. These contacts, sometime by way
of actual meetings in your homes, were intended to convey the over~all purpose
of the Departmen['s intereSt, as well as to generally outline the process to be followed
which thereafter, may cu~lminate in the extension of a purchase offer; and more-
detailed negotiat~ions.": The next section is an understatement, because: it says,
"Perhaps these communications have not yet been totally successful in ~hawt regard.
if so, I invite you to write or call me in order that we may continue the dialogue
and the effort to: try and ,understand each other." Well, ;that's wha,t;.we~re trying
to do here, but we can't do it with lengthy communications,. What we're asking
is that the DEC come out here to the Town of Southold and ,sit down with us and
talk to us face on face. I hate to see the citizens of this community, the property
owners, subjected to this type of form mail when all they want to do is sit down
and find out where everybody is coming from and they 'want to discuss: their basic
property rights, and I feel it would behoove this Town government to ask for this
meeting. If the letter :is fact, it says, "I invite you to write or to call~ me." Well,
I suggest that everybody's that here that is affected, and members of the Town
Board who would like [o have this happen, to write arid to cal~l them, b~cause they're
not getting the message, and it's very easy for them to hide backI behind this paper
communication and duck the issues.
SUPERVISOR MURPHY: Maybe you should read the full letter. Ruth.
COUNCILWOMAN OLIVA: I just want to answer what George said. I believe Super-
visor Murphy has sent a letter to Mr. Berger, who is the Regional Planning Director,
and asked him. to come out and speak to the Town, and so far as I know we have
not received an answer from him.
SUPERVISOR MURPHY: That's correct.
COUNCILWOMAN OLIVA: So I hope that we shall in the near future. Otherwise
I have nothing else. Thank you.
SUPERVISOR MURPHY: Okay, at this time I would like to ask anyone in the audience
if they would like to address the Town Board? Starting over on my left. Frank?
FRANK BEAR: Frank Bear. I'd like to thank the Town Board for the very difficult
efforts that they have to make to make the choices to fill the vacancies on the Water
Advisory Committee. I'm sure that the choices that you have made will prove to
be quite good, and that we will be able to work together as a group to find some
of the answers that we!re looking for, not only for the Core Watershed Protection
Area, but for other water problems in the Town of Southold. I want to thank
you very much for your efforts and what we have wound up with. Thank you.
SUPERVISOR MURPHY: Thank you, Frank, and thank you for your help. In
the back?
ED SIEGMANN: Ed Siegmann. First of all I want to thank the Town Board for
the increase on that exemption. I think you recognize what some of the problems
are w~th :.the seniors, and i'd like to add something to that. Besides that being'
a problem for the seniors, there~.,is. ,a problem both for the seniors and for the young
people that you':re talking about, 6~ for these people that you're looking for for
affordable housing. With both the seniors and the affordable housing, you know
it's great to get them started, but if the taxes are going to become so high in
areas like this where they can't maintain keeping these places, only half of the
job is being done. Now, we're approaching it from our end on the senior citizens.
We signed 440 petitions and we sent them to the Governor. We told him first of
all we object to the fact that he wants to cut school money coming into the East
End, and we also told him that we think that with some of the things that the State
mandates on what the education has to be, and they don't send the money in to
do it, that they are creating ~ problem, and we're approaching it from the senior
citizen end, that they're creating a problem for us. But it can be approached
from the other end also, where they're creating a ~-~oblem for the people who
1,16
APRIL 5, 1988
have Iow incomes in areas like this. In our petition we also asked him if he don't
think that this is time for them to find another method besides using property taxes
as a method to fund the schools, that they find some other method in order to
do this, or a combination of the two, where when the taxes get to a certain point
on property taxes then there is another way that the State can use to feed money
in to support these schools. I think it's a necessary thing that's going to have
to be done, because even when you take this $12,000 that we're talking about for
a senior citizen, if that senior citizen has an income of $12,000 and he's paying
$2,000 to~,vvv ......... uu~ in taxes a year, it doesn;t leaven~m ............... w~[r~ mu~,~,~,~ ,,~- pays
a lot of his other expenses, and I think somewhere along the line--and I heard--I
was here the other day for. a hearing when I heard the fel~lOw that was ahead of
the Baymen I believe it is--he made a comment at that meeting that this area is ~
going to become an area for just the rich. And his comment is very true. It mayl~ilI~
not be that shining a light today that it sounds that way, bu~ in the very near ~
future it will be~ because even the problem that we raised with you about the $12,~,
it's a problem that you're not. going to have in the future because somebody with
a $12,000 income is surely not going to be able to come into an area like this and
pay $60,000 or $70,000 for an acre of property. They're just not going to come
to these areas so you won't have the problem. The thing we-would like you to
do, if it's possible, all of the towns have this problem. Riv, erhead has a 21% to
23% increase coming up in their school taxes, and l'm sure the people living there
feet the same way as we do. In your travels when you meet the boards from the
other towns we would :hope that you would try to get them on some kind of a program
like this where they all approach it along the lines that they stop using just the
property taxes as the way to pay to afford to h~ve schools.
SUPERVISOR MURPHY: Thank .you, Ed. I would iust like to add a couple comments
on that. I applaud your efforts on doing this. I would like you to include our
entire Long Island delegation to the State government in your correspondence to
the Governor, and 'also we're all very happy with exemptions, but remember the
State is very quick to grant exemptions, but they don't fund them. When they
grant an exemption, no matter how good it is, if you're a senior citizen, or if you're
a fireman or a veteran or whoever, or if you're a farmer or what, somebody else
is picking up the load when the State grants this exemption. So don't be fooled
by it. .We realize that this exemption is probably one of the most important, because
we know if you have only an income of $12,000 you're going to have a very hard
time paying $2,000 in property taxes. So I'd just like to expand it a little bit
and to request that before they grant any of these exemptions that they think
about funding it, because we're only hurting everybody else.
ED SIEGMANN': Frank, I didn't raise anything about an exemption. Our approach
to them now--we're getting away from the exemption argument because we know
what it creates. We're talking about finding another way to fund it. If they can
say they can pay a nickel tax on liquor to do certain things, then they can put..
a nickel tax on liquor or a nickel tax on cigarettes to fund the schools.
SUPERVISOR MURPHY: Exactly, Ed. Madam, you wished to speak?
DIANA LATHAM: My name is Diana Latham, and regarding the Orient wetlands
situation, I just want to comment on the fact that Mr. Penny read a letter that
seems apparently a form letter, the same letter that had been sent to all the land-
owners and I just want to say it's a pretty sorry situation when the Town itself--and
Mr. Murphy writes a letter and the only letter that they can send back is a form
letter that's been. sent out the owners of the land. I just think that you ought
to realize that we have written letters, we have written to the DEC, we have petitioned
the Board, we have done a number of things publicly, privately, and I think you
should realize that we are a very upset and disturbed group of people.
SUPERVISOR MURPHY: Thank you. Anyone else on the left like to address the
Town Board? (No response.) Anyone in the middle? (No response.) Anyone
over on the right?
JOE MERKEL: i'm Joe Merkel, Peconic. Good evening, Mr. Murphy and the Town
Board member~, fellow citizens. I"d just like to compliment the town Board on the
wortdng together to implement tl~e__S_TOP-Stop Throwing Out Pollutants--and to build
a permanent storage for hazardous_waste. I think that's, you know, a good idea,
and once a year. like they had it is just not enough, People have too many things
around their yards and in the garages. So I'd like to see like more news St0r~es
to get the public more aware once this facility is up, because they will use it on
a re§ular basis. One particular dangerous product is drain and cesspoolicleaner,
and I had.~some experience with it, I tried to use it one time and p0isooed my well
out, and one gallon of this product can pollute over a million gallons of w~ater.
It's a solvent, it's a type of solvent, a commercial solvent, grease cutter, that
was~sed in this old formula. The new one now is changed to sodium hydroxide,
which is like a lye base so it'~ environmentally safe; but a lot of people don~t realize
that the drains name is the same on it, and the old one doesn't have the chemical
thing on it so we shou-'~d get a newsletter out about that, because the people in
APRIL 5, 1988
Orient did have some p~[)~.tio~,,~,~it~B~ !.~bis~waa-.~ similar chemical that polluted
The n '"~'~' ' '~'~'~'~ ":'~'~:'"~ ''~ '~ '~""" ~"'~'~ '
their wells, ext thing ~s ~ ,oT, the j~}~m Committee for Loca Affairs would
like to have the Town Board look into the New York State Town Law, Section 271,
paragraph 2--you could write that down--stating that if over 20% or more of the
land area is in farming an active farmer can hold a position on the Planning Board
for a five year term. Now, Iookin9 at--I'm a Farm Bureau member, and I'm an
active .grower of nursery stock and a landscaper--we have a map down in the Farm
Bureau:there and we have over 75% of our land in the Town of Southold is agricultural.
Okay? That :is a 10t of' land, and all these years now we haven't: ' had any represent-
ation on this Planning Board. We haven't had any say about what's going on. An
active farmer is what we need on it, not someone who has.been farming, someone
who is actively farming and out there. So I think I'd really like to have the.Town
seriously look into this and 9et back to us on that. The ,third thing I'm still 9erring
some confusion on the minor subdivision outline of procedures. I got another letter
in the mail with the new policy, and it still seems--this was a revised application
packet I got--but it still-has the same road recjuirements, that 1 had expressed a
lot of concern about before. I see no changes in that. And then on page 3 the
filing fees, amon9 my other complaints about, it seems if a road is needed now
it's 9oing to be a minimum of $I,000, plus $100 per acre, and now the fees are
even more expensive then they were before. I think these minor subdivisions are
a way of people getting, possible land to their children and other people in the
family. They're not going to be able to afford them with these type of roads that
are going to have to be put in and things like that. Minor subdivisions are good
for the Town. A lot of people are making large lots - three, four, five acres,
instead of going say 20 a~cre plot goin9 into 10 lots for a major, a lot of people
want to go for four, five acre lots. I think that's good for the Town, an increase
of lower density, but with this road type thing again it spreads a lot of concern
before, it's going to force people to go to the majors, it's going to increase the
density and the cost is totally prohibitive for anyone who would like to buy any
home sites for their children or other people that can't afford any land now at
two acres. So l'd like to find out what is going on there, because no one seems
to have any answers for me on that yet.
COUNCILWOMAN COCHRAN: Joe, may I iust answer part of your concern in relation
to no change in the regulations. I have told you in the past the Highway Committee
and the Planning Board did meet and discuss this. There were some recommendations
for changes made at that time, but there was certain information and things that
the Planning Board wanted to check with Sidney Bowne, the engineers. They informa-
tion that they requested from them did not come back into Town. Hall until yesterday,
Monday mornin, g, so we have set up a meeting for this Friday at 3:30 to discuss
some of the information that they've received from Bowne in relation to the regs.
So we're meeting then and hopefully we have something solid to give to the Town
Board at their next meeting. So I can fill you in on that part'of it.
JOE MERKEL: Who's going over the.specs, the Town Board members and the Planning
Board?
COUNCILWOMAN COCHRAN: The Highway Committee is meeting with the Planning
Board. Friday, I believe it's at 3:30.
JOE MERKEL: Okay, thank you.
COUNCILWOMAN COCHRAN: You're welcome.
SUPERVISOR MURPHY:, Thank you, Joe. Is there anyone else here would like
to address the Town Board? Yes, ma'am.
CONSTANCE TERRY: I have a couple of things t would like to read. I'm Constance
Terr~ from Orient. I also have a couple of questions that I would like to ask you.
I have in front of me the $outhold Code for Wetlands concerning permit that is
required. "The permit required. Not withstanding any prior course of conduct
or permissio~ granted, no person shall conduct operations on any wetlands in the
Town of Southold unless he shall first obtain a written permit therefore issued
by authority of the Trustees as hereinafter ~Povided, and only while such permit
remains in effect." That's the T*o~r~ Law. Now I would like to read to you from
the State Law. "The moratorium on_alteration of Tidal Wetlands Environmental
Conservation Act 25--Article 25, paragraph 25-0202, para 1. No person shall alter
the state of any tidal wetlands, or of any area immediately adjacent to such wetlands,
and as the Commissioner may. reasonably deem necessary to preserve in order to
effectuate the policies and provisions of this Act, unless a permit shall have been
obtained pursuant to Section 15-0505 of the Environmental Conservation Law." Then
I would like under para 25-0401, Regulated Activities, para 5: "The Commissioner
shall review all current mosquito control projects to determine wl~ether they are
having any adverse impact on the tida~ wetlands, or any adverse impact is found,
the 'Commissioner, following a ~ublic hearing, may require modification of such project
if he deems it necessary to implement the policy of this act." Page 533: "Activities
in areas immediately adjacent to wetlands are regul~ed by the NYCRR Part 661
118
APRIL 5, 1988
requirements. If the activity may substantially impair or alter the wetlands." Reg-
ulation para 661.4, para B: "Define adjacent area in some detail, in general, subject
to the more specific boundaries set forth there. Adjacent areas are those within
300 feet landward of a wetland." That is the State I~aw. What I cannot understand
is why no one will listen to us. We have protected the land. We have not altered
it. Even should someone chose'to, they have to get first permission from the Town,
and they have to get permission from the DEC. You can't do it without a permit.
So what is the DEC protecting? Can anybody--any of you answer me that question?
Why the DEC must ~-' .................................... + ~+~ ,,n~ +h~
law. We've protected it without the law for--you've~heard this story many times.
Why we're not al,lowed to retain property ......
SUPERVISOR MURPHY: My only comment is--how do you know the DEC Wants
to take over all o~ your land?
CONSTANCE TERRY: They have written. They have started back in 1972 asking
us for that land, and we said, no. We're taking care of it.
SUPERVISOR MURPHY: More than likely you will not have a problem.
CONSTANCE TERRY: You mean you think we might be allowed to keep it?
SUPERVISOR MURPHY: Certainly.
-CONSTANCE TERRY: Well, that's good news, because that's the first time I've
heard that.
SUPERVISOR MURPHY:
and I don't think--I don't think if you were one piece stuck in the middle of a
very large taking, more than likely they would want to take it. If you .are off
by yourself and you're not part of other parcels, more than likely they will not.
I've understood that they will not go to condemnation unless it is really, really
necessary. They don't have any intention of condemning somebody's property.
Really, unless it really is in part of a much larger project,
COUNCILWOMAN COCHRAN: But they will if they have to.
SUPERVISOR MURPHY: Yes. It's always there. That's always there.
COUNCILWOMAN COCHRAN: And it's slated for acquisition.
CONSTANCE lSERRY: ! can't find an answer to that.
SUPERVISOR MURPHY: Have you talked to Mr. Berger?
CONSTANCE TERRY: No, I have not. I'm asking you ....
SUPERVISOR MURPHY: I think as Mr. Ryan has said, and the other lady who
was mentioned in the letter--I think they would like to finish their job and to discuss
individual values with individual people, not on a whole basis, and then I think
then we'll see what's going to develop. I think we're being very premature on
getting hysterical. I agree. No one's saying this--this Town Board, I don't think
the State DEC, has got a policy. I know the County on that major acquisition
of park land, and I wouldn't say it on the 1/4 cent sales tax extension that there
would not be condemnation, there might have to be for the very reason I spoke
about, but the park land acquisition of the County was specifically exempted that
properties where they would have to go to condemnation, If there could not be
an agreed upon price they would not touch the property. Now, I think you're
going to f nd the same thing happening here. I would suggest and ask that you
people be patient to let them finish doing their work and approach the people on
exactly what they have in mind and what they want to do and how much they want
to pay for it, and then it's up tO the person to say, yes, thank you, or, no, thank
you. . --
CON~TA.NCE TERRY: It's not for sale.
SUPERVISOR MURPHY: Then all you have to do is say, no, thank you. Maybe
they will not even--they might not even make an offer to you, and if they do make
an offer all you have to do,is say, no, thank you, sir. Period.
COUNCILWOMAN COCHRAN: And they'll condemn it.
CONSTANCE TERRY: I hope you're right, Mr. Murphy.
SUP~--J~VISOR MURPHY: Is there anyone else? Yes, ma'am.
' 119
APRIL 5, 1988 "
MRS. GILLISPIE: My :9~me is..:~E?%.Gi~i~Sl~ie~-, I.would~like to make a statement.
I feel threatened by the Town and New York State. To have our land taken away
after 300 years, ownership and protection by the same families is not acceptable.
The proposed infringement by any authority on my rights as a land owner sounds
to me lille Socialism, and I am very serious about that. I have read a 9rear deal
of the Master Plan, and it absolutely frightens me. So if there aren't some adjust-
ments on that Master Plan, which the only reason we have it is because my sister,
Miss Terry, paid $28.00 so we could read it, and it is really gettin9 out of hand.
We're all losing control, and I'm really, really very upset. Thank you.
SUPERVISOR MURPHY: I'm sorry you are upset. Is there anyone else would like
to address the Town Board? (No response.) If not I think a motion to adiourn
is order, and I would like to thank everyone for coming out tonight and participating.
Moved by Councilwoman Cochran, seconded by ,Councilwoman Oliva, it was
RESOLVED that this Town Board meeting be aod hereby is adjourned at 8:~t5 P.M.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
Southold Town Clerk