HomeMy WebLinkAboutTB-05/19/19871'06
SOUTHOLD TOWN BOARD
MAY 19, 1987
WORK SESSION
Present: Supervisor Francis:J. Murphy, Councilman Paul.Stoutenbur~gh, Councilman
James A. Schondebare, Councilwoman Jean W. Cochran, Councilman George L. Penny,
IV, Town Clerk..'Judith T. Terry, Special' Counsel Francis 'J. Yakaboski. Absent:
Justice Raymond W. Edwards (out of town).
9:00 A.M. -; EXecutLvelAdmini;s1~rator Victor G; Lessard .m'et with the Board concern-
ing violations with respect to [1) the Carey tanks, Mattituck,: (2) Cia~ia'unsafe-15ui'Iding,
Greenport,. '(3) Glov~er t~.r~ code ~iol'a.ti0n;. CutchOgue, (4) bed & breakfast- certificate
of compliance;
. 9:35: 'A.M. - Planner Valerie"Scopaz met with. the Board. to request the appointment of
a ~ummer employee to aid~ in reorganizing the Planning Board office. Board.agreed to
hire someone. .~ - -
9:45 A.M. -' John Harrison, recently elected Chairperson of the Bicentennial of the
Constitution Committee met .with the Board to discuss their upcoming plans for the
September celebration;- parade, play, van with history display availabe to the towns
by the County of Suffolk. He requested approximately $1,000 in funds for stationery
and postage. Board agreed.
9:SS'A.M. - The Board discussed with Special Counsel Yakaboski: proposed mu,ltil~l¢~
dwelling to be~onstructed by' AHRC
on Horton Lane, the plans and specifications for
which will-be filed with the Building Department by the end of the month. 'Mr.
Yakaboski' will' research and draw covenants and restrictions with respect tO the use
of the property. Mr. Yakaboski also reviewed the request of Ferran Concrete for
their final payment with respect to the Scavenger Waste Plant. He said the moneys
have been retained due to failure to comply with MBE and WBE regulations, which
they were unable'to meet. He recommended the Town make the final payment.
10:15 A.M. - Members of the Economic Advisory Committee: Chairman William. Behr,
Michael Zweig; William Gardner and Warren Cannon, met with the Board to review
their final report.,whi~ch concluded that the Town must find ways to support and
develop agriculture and the economic base that. is here or the Town. will become a
bedroom community, although they do not see an opportunity for a growing number
of jobs here at the present time.
11:05 A.M. - Valerie'Cardona, Nancy Bertorello, Linda Burke and Jana Prindle
of Friends Unlimited nletcwith the. Board to outline their program, which is 'to
prevent the isolation of handicapped youngsters who are growing apart from the.
community. The requested .the Board to help them develop programs whereby youth
can socialize', with the handicapped,on a paired basis: They see the Senior'/Youth
Center as a centrally located facility.for_the program.--Councilwoman Cochran advised
the group that they are presently in' the process of forming a Youth Advisory Board
to the Recreation Director, and she would like one of .their:group t° be on the Advi~!
Board. They agreed. It 'was suggested that there be a car in' the' Merhorlai Day .Pai~e
fo~' the youngsters who were winners in' the Special Olympics, a most important fact~¥~
in'social development. Supervisor Murphy advised he would arrange for the car.--
Mrs. Cardona pres. ented a proposal to the Board to put older retarded people into the
job market. They would like to apply to the Office of Vocational Rehabilitation, State
Ed, uca[i[or~Depla~tment for a grant which is aimed at supported employment projects for
She wou!d [ike to see a ~ob coach hired who would go to the individual
and match partially disabled individuals with a job. She will'make a formal
presentation on this :subject at a later date.
11:35 A.M. - Trian~lle Consultin~ Corp., specializing in data processing systems and
programming, met with the Board to make their presentation for computerization of the
Town Hall. They will'meet with the.dpeartments to study their:needs 'and submit:a
proposal to the Board. ' . -
MAY 19~ 1987
EXECUTIVE SESSION
12:05' P.M. - The Board met with Executive Administrator Lessarrl to discuss pending
and possible litigation, and personnel.
12:'30 P.M. - Recess for lunch.
EXECUTIVE SESSION
2:05' I~.M, - The Board met with Special Counsel Yakaboski (CouncilWoman Cochran
~bsen~,~cl herself) t° discuss a pending Civil 'rights'case by Police Officer Crimi, as
well as other pending litigation.
2:45 P.M. - Dr. Elio~ Epstein; E & A Environmental Consultants, In~:., Stoughton,
Massachusetts, made a Jlide and. verbal presentati~c~n to the Bbard-concerning solid waste
i:omposting plants and projects throughout the world.
4:00 P.M. - Cooper Mana~]ement Consultants met with the Board- to make a presentation
for computerJzin~ the Town Ha~rl. They will: meet With the departments to study their
needs and submit a proposal to the' Board.
~:20 P.M. - For Disdussion: (1) Proposed amendment of agreement with John Clavin;
part,time Bay Constable for Fishers island (see resolutioh no. 32). (2) Trailer
permit 'application of Valentine & Erika Pust, Peconic, for a trailer during June and
July w~ilel their:home is 'being constructed (see resolution no. 33)...(3) Proposal of
'BP Wreckers to haul scrap metal from the landfill; This 'will' be discussed with Highway
S~ipeni~ntendent Jacobs at the upcoming Landfill Committee ~meeting. (4) Letter from
Gord0n'P. Brunow~offering his'services as a Town Special Counsel. (His'services
are-no~ need at the present ti m~.)_.. (5) Letter from Attorney Paul A. Caminiti' Offering
the Church of the Open Door building on Beckwith Avenue and Traveler Street to the
Tow,n for $235,'000~ (Town could ~not utilize' the building as parking area is 'not avail-~
ab~;)..(6) Letter from John P. 'Krupski bequesting the Town. to sell7 their 'recently
acqui red" property, donated by Henry Wickham, (The Boa!rd has no desire to sell the
P.r0Perty.) .. (7') Proposed :1987 :a~reeme. nt for Special Bay ConStable, Steve-Malinowski,
F~shers Island- (s'ee resolution no.: 34)'. ~. (8) Resumes have been received 'f~om applicants
fo~ the Conservation Advisory Council.; Interviews will' be scheduled for the two applicar,
who are not now Council members~ .'(9) Letter from the Association for the Help of
Retarded Children transmitting current Declaration of Covenants and Restrictions for
the. AHRC residential programs in i'slip' and Brookhaven. Special' Counsel Yakaboski Will
review.. (1'0) ReceiP~ of proposals f~r' engineering servic~ from five engineering firms.
Superintendent of Highways and Road Inspector Jack Davis 'will" review. (1'1) Letter
from Special Counsel Yakaboski COncerning Ferrari Concrete with was di,scussed with
him: during the morning work session. (i2) Letter from Glenn Moiler, Director of the
North Fork Early Learning Center requesting the Board to waive Board of Appeals and
Planning Board fees. Board denied r~:~quest as.th~ey?have don'e'~in the past under similar
circumstances. (13) Proposed leave time taken and overti,me worked sheet being pre-
pared by the Accounting Department: was approved for sub~n'is3i0n ag a monthly report.
Off Agenda Items in~:luded: removal of prices on the paintings displayed in the meeting
haJ.I;' removal of the affordable housing display by Geoff. Proud, whi~:h included the
H~'rber{:Manclel k~go ~"Thrivin'g Village" and the Citizen Action for Affordable Housing
teleph°~e number. The majority of the Board agreed to the removal of~'tfie display
which could be interpreted as advertisi'ng.
5:~q P.M..- Board reviewed resolutions for regular meeting.
5:35 P.M'. =,Board audited outstanding vouchers.
5:'55 P.M. Work Session adjourned.
MAY 19, 19'87
REGULAR MEETING
7:30 P.M,
A Re~tular Meetin~l of the Southold Town Board was held on Tuesday,,. May
19, 1987 at the Southold Town Hall, Main Road, Southold, New York;,' Su~er~,isor
Murphy opened the~meeting at 7:30 P.M. with the Pledge of Allegiance to ~h~~Flag.
Present: S.upe?¥is0r~ Frands'4. Murphy ~.~,~,.~:,,~ ~
COuncilman Paul StoutehbUrgh .... ,-,
Councilman James A. Schondebare
~V. Cochran
Penny iV' .,_
Town Clerk Judith T. Terry
Absent: Justice Raymond W. Edwards (out of town)
SUPERVISOR MURPHY: Good evening. I would off~ci'al'ly like to call thisi.r'egu.lar
Town Board meeting to order. The fi r§t order of business tonight Js ia';~esolution
approving the 'audit 'of the bills of May 19th
Moved by Councilwoman Cochran, seconded by Councilman Penny, it'-'was
RESOLVED. that the following audited bills be and hereby are approved 'fo~ paym'ent:
General-Fund Whole Town bills in'the amount of $37:,950.'58; General Fund~:,Part
Town bill§ in: the amount Of $:19,424'. 95;; Highway Department bills in'~the~ ameunt
of $5,'347,.78; Fishers Island ':Ferry'Distrjc~: bills in'the--~amount of $5,301~:2~;?,Adult
Day Care billS'in:the 'amour~t 0t~' ~1~ 445; 83;~ NUtrition. Program bills' i,n: the a~m,oQ'nt
of $i4,710'.35; Fishers-island sewer Dis(rict bills in' the ~mount of $304.42~,:B~ief
Respite bills in the' 'am°unt of $572~.00;' Waterfront Revitali,zat on Program
the 'amount of $1,4~2,00;' Southold Scavange,r Wastewate~ District bill§ in the amount
of.$ ,138.:99;' Home A~de balls ,n the~amount-of $1~772.37. ',~,~
Vote of the Town Board: AY~s~' Councilman Penny, Councilwom~an Co¢l~ra~,.~ CoUncil-'
man Schondeba're,. Councilman Stoutenb~gh,. Supervisor Murphy.
This'~.resolution was declared duly'ADOPTED.
SUPERVISOR MURPHY: Next is'a resolution approving the minutes of the~i'egular
Town:Board meeting of May 1st. :1987 .... . -
Moved by Councilman Stoutenburgh, seconded by Councilman Penny, it~-was,
RESOLVED 'that the minutes of~,the regular Southold Town Board meetin~ held 'on
May 1, :1987, be and hereby are approved.
Vote (~f the Tow n' Bo, ar;d: Ayes i. Counci Iman Penny, CouncilWoman Cochran,, Council-
man $chondeba~e,. councilman Sto~tenburgh, Supervisor Murphy.
This'resolution ~as declared duly ADOPTED. ' .
SUPERVISOR MURPHY: Next is a resolution setting the next
meet. rig ~date-~f0r
June 2nd; :1987;,7:30 P.M., $outhold Town Hall. I offer thatresolution.
Moved by Supervisor Murphy, seconded by Councilman 5toutenburg~3,' ~t
was
RESOLVED that the next re~lular meetin~ of the Southold Town Board willl ~? held
at ~7:30 P.M., Tuesday, June 2,.'1987, at the Sot~thold TOwn Hall, Main*R~(~ Southold
New York.
Vote of the Town Board: Ayes: Councilman Penny, CouncilWoman Cochran~ Council-
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This resolution, was declared duly ADOPTED.
SUPERVISOR' MURPHY: We have a Special Proclamation tonight designating the ~
week of May 17th through the 23rd as National Tourism Week, and I'd tik~ to ask
Councilwoman Jean Cochran to read it.'
COUNCILWOMAN COCHRAN: Mr. Wilton (Richard Wilton came forward.)
Moved by Council.woman Cochran, seconded by. the Entire Town Board,
WHEREAS, the week of May 17 throuqh 23, 1987 is NATIONAL TOURISM WEEK; and
WHEREAS, the Town Board of the Town of Southold recognizes the important contribUtio~
of tourism to the economy of the Town of.Southold; and
WHEREAS, the Town Board of the Town of Southold recognizes the positive hard
work and efforts of the combined Chambers of Commerce in promoting tourism; and
WHEREAS, National Tourism Week has become one of our nations most popular __~
commemorative weeks since it was first celebrated in :1984; and
WHEREAS, over 230 members of Congress co-sponsored the National Tourism Week
resolution as a great testimony to the important role that tourism plays as~one of
our country's leading employers and economic'generators; now.:,, therefore, ;be it
MAY 19, 1987 ~- 1 0 9
RESOLVED' that the ~rown Board of the -~Tow~r~'of Southold hereby proclaims the
week of May 17 through 23, 1987' as: NATIONAL TOURISM WEEK in the Town of
Southold.
Vote of the Town BOard: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Supervisor MiJrphy.
This resolution was declared duly ADOPTED.
COUNCILWOMAN COCI~iRAN: Congratulations, Richard.
RICHARD WILTON: I'd like to thank the Town Board on behalf of the Southold
Town Pomotion Committee and the Chambers of Commerce, for your recognition
of National ~Tourism Week and Town Tourism Week, and for your cooperation with
the tourism industry.
COUNCILMAN SCHONDEBARE: And we hope you have a good season coming up..
SUPERVISOR MURPHY: Thank you. Have a good season.
I. REPORTS.
SUPERVISOR MURPHY:
These are all on file in the Town Clerk's Offi
1. Building Inspector's monthly report
2. Town Clerk's monthly report for AF
3. (a) Annual Financial Rel~ort for fiscal y
Town of Southold to the New York State Comp
3. (b) Federal General Revenue. Sharing Fi
.198~ to June 30, '1987.
6.
7.
8.
9.
10..
11.
12.
13.
14.
15.
16.
hey
East 'End Counseling Project's repor
_R~e_cre~_tion Department's 'repo_rt _for
Town Justice Tedeschi - monthly re
Fishers Island Ferry District - Ann
Town Trustees monthly report - Ap
Scavenger Waste Treatment Plant -
Szepatowski Associates. monthly rep(
Southol~ Town Dog Pound monthly i
Board of Appeals - monthly report ·
Dimension Cable Services - monthly
Polic~ Depar,tment - monthly report
Supervisor's monthly budget report
Town Justice Price - monthly repor!
Moving on tO the first item on the agenda is:Reports.
2e.
for April 1987. -
ril '1987.
~ar ended December 31, '1986-for the
~troller.
rods Report for fiscal year July 1,
t for April '1987;
}orr for April '1987.
~al Report for '1986.
ril 1987.
~onthly report for April 1987.
rt for April '1987.
· eport - April. -1987.
:or April 1987;
report, for Apri,I '1987..
for April t1987.
- April '1987.
for April 1987.
Councilmen's reports. I Would like, at this 'time, to.ask the Councilmen
have anything special' to report, starting on my left with Jean.
COUNCILWOMAN COCHRAN: Yes, the beginning of May i did'~spend three d'ays
in' Boston atte~-din~ a conference with Coundl~an Stou~enburgh and Supe~vis-O~
Murphy, in relation to landfill-s a-nd compostin~. I felt I learned a great deal.
I felt it was worthwhile to attend. I brought back a folder of. many piece of informa-
tion which I Will give to you Judy, and it will
would like to peruse it.' Also, I have over 30
so that I Can share with the other Councilmen
meetin9. ' Mr. Mandel requested to come in an,
housing, and it was presented to the committ'e
action has been taken. Last night I attended
which will'be cQming up in'the Town of South,
]'hey discussed the direction they would, like 1
they'll b'~'holding another meeting the second
will' elect their officers. I think that!s it,' Fr~
SUPERVISOR MURPHY: Thank you, Jean. P~
be in'Judy's office for anyone that
pages of mi'nutes which I am transcribing
In' addition, I had a Housing Advisory
present a new concept in' aff6~dable
~and We discuss it :and no further
meeting on the 350th Celebration,
)Id in 1990. The committee met.
o go in; At their:next meeting--
~eek in June, at which time they
~ul?
COUNCILMAN STOUTEN. BURGH: Yes, I atten(led the Bioc-ycle Conference in Boston
also on those three days, 4th 5th and 6th, an~ got home just in time to step into
a Code me~ting, which Jay will' report on, andalso a Village Green meetin.q. Our
Village Green is coming along very well. If some of,the people in the audience
aren't aware of it, we have a parcel of land given to the Tov~n right opposite the
bank, right .here in'Southold, which will' be our Town Gre.e;n, and there's a lot
of work ~etting people together and support fbr it,' and it S coming along Very
well. The conference I f~und to be most enlightening. It gave us a first hand
approach to compostin§, which is one of the ways we're thinking about going in
to take care of the materials from our landfill;'- and I was particularly gratified
by the last day of the conference when we went on field trips, and we traveled
to Durham,. New Hampshore and Ipswich, Massachusetts, and 'was quite remarkable
to see that in:some of these-areas what they're doing with composting-materials
and getting a product that they can actually sell and use as a ~oroduct on the land.
MAY 19, 1987
it wo-rks, the idea of composting is ~absolutely, positively an idea and a concept that
is'working--has worked through centuries, and all it 'needs is a refining and the
correct engineering to make it ~work, and it has worked in many places. We had
a presentation this afternoon, which encouraged us a little further that tl~ese ideas
are working very well. That's about it, Frank.
SUPERVISOR MURPHY: Thank you_, Paul. Jay?
COUNCILMAN SCHONDEB^RE: Yes, thank you. I attended a Highway meeting,
together with the other board members. Anti.the CodeCommit[ee likewise met.'
There's a number of resolutions on tonight that are a result'.of meeting of ~the Code
Committee. We delt with the Architectural Review Committ'ee. We. delt witti the
Landmark .Pre,ser¥~Jon Committee, and trying to set up those local ordinances ~for
the public"s information and'. comments on them. The Code Committee meet~ ~the'first
Wednesday of each month, and anyone is 'welcome to attend those meetings~ Thank
you, Frank.
SUPERVISOR MURPHY: George?
COUNCILMAN PENNY: Yes, I attended a Code C'ommitt'ee meeting on the ~th, of
which Co_und!man Schondebare is~the chairman, and has already reported.j On
the 7th Ray Jacobs, the' Superintendent of Highways and myself went to S~ony
Brook. W~_.~.e.t Jay. Tanski. from Sea Grant.there. We further met with D~nnis
Cole regarding a Town permit to.remove dredgih'g~'S'p~i~l~'~rom Goldsmith'S Inlet
and use it as beach replenishment at Kenney's Beach. I'm very happy 'to ~-eport
that within a week after we had this ~meeting .wi'th the DEC and explained to :them
the very simple 'thing that we were asking, we now have the authority to .~o ahead
and do this~ lt~'s become a permanent part of our dredging permit.' On the 17th
we had a meetin~ with the Department' of State on our~.Local Waterfront Revitalization
Plan. Randy Lanza' and Charles McCaffery from the State of New York were down
and they explained--and also, I'm sorry, also John Kroitz 'from Senator Ken LaValle's
office. And they filled us in on where 'the--or how to handle the Local Waterfront
Revitalization Plan once we have it in' place, and they also wanted to revie~ with
our new Town Planner the 44 policies which this addresses. We also discussed
our temporary status of the local'citiZe'ns committ~ee which.we're a'bout to albpoint.
On the 8th I Was down at the Scavenger WaSte Plant. I met with George DesmariaS
and John Ferran, the contractor there. George Desmarais~is'our enclin~er from
H2M. He's our consultant. The concrete ram , i.m ha to sa h~as be~n finished~
P PPY · y,
ltrs poured. It's done now. The fence is' about to be fixed. We had a ,minor
problem down there last' week with.a gas pilot that didn't fire and caused a bit
of confusion down there, and the word was out that there was some concern for
the safety of t~e employees there, but I just want to. tell eve~ybody here ~ublicly,
as I told the papers, that there is'no imminent danger to anybody down there.
The engineer was on the site at the time and he reassured me, andi the Village
of Greenport, that there is no problem, it's' strictly mechanical.' We've had a
bit of a problem with a~grit screw which hasn't been working,: and also a compressor,
and we're in' the midst of contacting the manufacturers of these particular components
to get tl~em fixed. On the 11th i Was in'further contact with the S~cavenger Waste
Plant and it was found out that one of the Village employees ~_got ac~ia I~-~0t_ ~ his
hands dirl~y--and I mean really dirty~ if you saw what he had to,get into, ~;and
got the grit screw working to some extent, so we came a long way ',in three days,
but it just goes to show you that when you want to roll up your sleeves and get
up to your elbows in some goo, that things work.out very well. on the 14th the
Commerce and Industry Committee met. We're discussing'different ~hases~--or stages
of the Master Plan--some of the zones, the differences between_What is proposed
and what we have now. On the 18th we had a meeting of the Police Committee,
where we interviewed for Sergeants, and on the 19th, last night, I was a--'i attended
a meetin~ of the Mattituck Park District, which I'm sure we're going to h~a'r more
about this evening. Thank you. ..
MURPHY: Thank you', George. I would just like to add.the conferenc~i ~
SU~ER~VISOR
was excellent, and I think an a~ful lot of good information came from it. One
of the most important items that I think is 'that composting does work, and it is
a way to get rid of a percentage of our waste stream. There is no one answer,-
but this'is a good way for a large percentage. Just to give you an idea of cost,
it was in the paper, but to most people wouldn't pick it up. The Town pf Oyster
Bay had to renegotiate a garbage hauling contract because the contractor could
not dump in~Pennsylvania'any more, similar to the famous barge in'New YOrk now,
and they had to renegotiate his contract to allow himr to either go to Buffalo or
to Ohio~ The cost of the renegotiated contract is 'adding 150 dollars per house
to the town garbage bill'in~Oyster Bay. If we used 10,.000 homes in'S0utl~oldTown,
that's a million and a half dollars. Our present '.budget for Operating ou~ landfill
is :$500,00'0. So this 'is the tremendous cOst that's coming, arid why it'~-'SO' very .
neces~sary to reduce through recycling, composting the amount of garbage that we
are going to have to dispose of in some method.
MAY 19, 1987
IIi'PUBLIC NOTICES.
SUPERVISOR MURPHY: Moving on to Item I!,' Public Notices. There's six Of them.
These again'are on file in the Town Clerk's Office and they ave posted on the
Town Clerk's Bulletin: Board in'the rear.
1. 'Suffolk County Department of Plannin~l, Transportation Division public
hearing ~)n :their:draft I~ro~lram for Mass Transportation Services for Handicapped
Persons in'Suffolk County on Wednesday, May 27, '1987, 1:00 P.M., Conference
Room, Suffolk County:Department of Lai3or B~Jilding, HauPpauge.
111
~oVill~ge
P.M., Third
4. N
complete
well,
gallons per m
is 500 ft. west'o~
Comments by
5.
informational
Telephone in
6:30 P.M., E
6. U. S
to construct
an exis[ing
by two 10 'in~ di
Comments by June 4, 1987.
II1 ;'-COMMUNICATIONS.
Greenport.
Environmental Conservation, notice of
for permission to install lan 8-inch diameter
with a pump having a capacity of 400
irrigation of agricultural crops. Project site
aque Avenue'!and 500 ~t; south of R~ut~ 25, Southold.
Servi:ce ,Commis§ion, notice of public'hearing and
Calling Plan, a proposal fil? by'New York
ssion ini~tiatives, suffolk<: Tues~lay, May 26, 1987,
~Jilding:, Hauppauge.
notice of application of L6uis'Sulich
walkway, 4 ft; above the grade of
by !2 ft. hii3~ed ramp, and a 6 ft. by 20 ft. float secured
Broadwat~rS Road, Br:oadwaters Cove, Cutchogue.
SUPERVISOR MURPHY: Item number III is Communications, and there's a letter
from the New york State Department of Environmental Conservation, notifying us
that we're getting an award for a': tree planting program we had~'last.year.
IV. PUBLIC' HEARINGS. -- Two public:hearings at 8:00 P.M. and 8:05' P,M,
proposed"Local Law to amend Chapter 92 of the Code of the Town of Southold in
relation t'o traffic regulations," and pr0posed:'"Local Law in relation to boat operators,
boat equipment and anchoring-in W~st Harbor."
SUPERVISOR MURPHY:
ResOlutions,
V. RESOLUTIONS.
It'is 'not 8:00 .o'clock yet, so we will move on to Item V,
SUPERVISOR MURPHY: I'd like to just state the Town Board policy: if'anyone
would like to address the Town Board on any proposed resolution now is'the time
to do it. There will be a period of time after the regular meeting, after the resolutions
are finished when anyone else can address the Town Board on whatever other matter
you would like. So at this 'time, is there anyone here who' would like to address
the Town Board on a. proposed resolution that's on your agenda? Over here on
the left? Middle?.
STEVE ~ATSON: My name's Steve Latson. l.m Secretary of the Baymen's Associa-
tion. We support the resolution of the concept of the construction of a boat ramp
at Mattituck Inlet, and I emphasize' !the concept~, because possibly, you know,
we will: find that it 'can't be done because of different reasons. But. I really think
that it's imp0~tant that this 'be followed through or~. For years the Baymen's Associa-
tion has wanted a boat ramp at Mattituck Inlet, and I think that the people'of the
Town of Southold deserve access on the Sound. Thank you.
SUPERVISOR MURPHY: Thank you, Steve. Anyone else on the left? In the middle?
Lydia? '
LYDIA TORTORA: On the same resolution (No. 2). I'ma little surprised to see
it on because it 'had been defeated the last time. Hrn Lydia'Tortora, Captain Kidd
Civic Association. I was a little surprised to see it"on the agenda. A litt'le surprised,
because it had been defeated at the last-meeting, and the civi;c association is'not
opposed to providing access to residents of Southold Town. Access to the Sound.
We are opposed to the Iocati~o~' of' this site. I want to make that clear. We're not
opposed to launching ramps in general, or anything else. At the last meeting I
had mentioned that Larry Penny had done a very extensive study of the proposed
area-~-a vegetation study. I have a copy of that study in'itS ~ntirety? An abridged
copy was submitted to the Mattituck Park District last night. It didn't include
2
MAY 19, 1987
all the maps. l~ve gotten all the maps together for you. We met with the Park
District Commissioners--Mattituck Park District Commissioners--last night, and they
informed us that the property in question, opposite where the propos~J launching
ramp is to be--which is park district property--that they had not been contacted
by the Town Board about using this property for a parking lot, and I reaJly do
not want to quote· them, because I didn't take notes, and it ~'wouldn't be terribly
accurate; but I Would say that since it 'is 'park distric~ property that is involved
in'this:concept it 'really seems very difficult for me to understand how we can pursue
a concept which involves ~s0mebody eises property, withoutI really discussing that
with them. It's kind of like me discussing a Plan that is.Pertinent and upon using
my'neighborh's property and I haven't talked to my neighbor about t.' As far
as th~ study goes that was done, in the area, specifii:~area where the parking ~
Iot'is proposed, listed as Zone 2, there are--under vegeta'tion ,there are a total.
of 21 species that are. listed here. Off-.the 21, 12 of those are categorized as 'being
few. In a category of rare, few, several, common and very common. One is listed
as rare. It's a very interesting document and it really does point up the fact
that this is an extremely sensitive area. I also have a letter here from the West
Beach--M'attituck Wast Beach Civic'Association--opposing the- ramp at-~this I~ocation.
I think, I Outlined all of our contentions before. They haven't really changed,
so I'll give these-two pieces of information to you. (Mrs. Tortora submitted:
"Inventory Natural Resources of Mattituck Creek Study. Area", prepared by Larry
Penny for the Mattituck Inlet Advisory Committee; undated letter from the West
Mattitu~ck Bi~ach Association, D. G. Witschieben, President, to the Matti';tuck Park
DistriCt, in opposition to the conS.tructi.on of the proposed Mattituck Inlet Boat
ramp; attached to that letter is a letter, dated July. 29, 1981, from the Mattituck
Inlet Advisory Committee to William Pell I11, Supervisor.)
SUPERVISOR MURPHY: Thank you, Lydia: Anyone else in' the middle line to
address the Town Board on any proposed resolutions? Anyone on the right?
Sir?
CHARLES StDOROWITZ: ResolUtion No. 2. My name is'Charles Sidorowitz,' represent-
lng the Mattituck Commercial Fishermen's Association. We're opposed to this location
of the ramp. We're not opposed to a ramp, but this particular location w~'re opposed
to because of the boat traffic~it !will: create for us' as commercial fishermen, coming
and going early in'the morning and in' the evenings, and the proposed ramp site
is :at a place in the creek which makes navigation-very hard at times, especially~i~
at Iow water. Our liability insurance is 'high enough now and it 'would just create ~
more problems ;if 'there was a problem, you know, to arise there with the traffic~-
people launching boats and waiting to be launched, and boats wai.ting to be taken
out. it 'just seems to us that it's a bad area and we're opposed to it for that reason.
That's about it
SUPERVISOR MURPHY; Thank you. Anyone else on the right? Anyone else like
to address the Board? Yes, ma'am.
VALERIE CARDONA: My name is'Valerie:Cardona and I Would just like to ask
the question, if I may, of the Board, please.
SUPERVISOR MURPHY: Is'this:on a resolution, Valerie?
VALERIE CARDONA:
the amendments to the Community Development Year 12 Program Budget.
ask how many amendments there are that you are going to be voting on?
Yes, on a resolution. Number 3 as a matter of fact, "Authorize'
May I
SUPERVISOR MURPHY: On the Community Development Budget? Just this one.
VALERIE CARDONA: Just one amendment?
SUPERVISOR MURPHY: Yes.
Wouid it be possible for you to read it?
VALERIE CARDONA:
SUPERVISOR MURPHY: It's a transfer in' the budget from a line item of Housing
Land ACquisition, which the current budget is $71,725.00, into setting up a new
budget line item, increasing North Fork Child Care Project Of $18,000.00. So one
is decreased and the other is 'increased.
VALERI E CARDONA:
this year in Community Development Funds?
Can I ask you exactly how much money you received for
VALERIE CARDONA: Okay, thank you very much.
SUPERVISOR MURPHY: Sure. 1'11 get you the exact figure and give it to you,
sure. Anyone else like to address the Town Board on any proposed resolution?
SUPERVISOR MURPHY: About $128,000,' I believe.
MAY 987 1 1 3
FRED LUKA: My name is'Fred Luka. i'm a property owner near the site of the
proposed ramp. We have enough of a problem with the people going to the beach.
They litter the road, Luther's Road, constantly, and I'm sure that with the addition
of the ramp it 'would create a much worse problem-with the litter. I spend much
of my time cleaning up the Town's property, which runs adjacent to the road,
and I'm sure the ramp would probably make this much worse, and I believe you
should note that the t~affic problem on that road is young people drive to the beach
and they go at a pretty good rate of speed, and with the ramp there I think you're
going to have 'quite a traffic'problem. I''m not opposed to a ramp to the Sound,
but ! think it's the w,rong site. So I think you'll have probably a lot of law suits
due to the traffic'on'ithe road and possibly in'the inlet. So I'm opposed to this
ramp resolution. Thank you.
SUPERVISOR MURPHY: Thank you. Anyone else like to ~ddress the Town Board?
COUNCILMAN STOUTENBURGH: I'd like to address thatr'resolution.
SUPERVISOR MURPHY: You want to do it 'now?
COUNCILMAN STOUTENBURGH: Yes.
SUPERVISOR MURPHY: Sure. Paul?
COUNCILMAN STOUTENBURGH: Seeing I W. as the one who brought this up I think
I should' say something in defense of it :to'some extent. This'is the only creek
that the public:-the people of the Town of Soutl~ol~' have no access to. And I
say "public:access". Every one of our other creeks have a place that you don't
need anything but your beach permit 'to go down there and launch your boat into.
As a matter of faCt':~hat's one of the requirements fo~ our creeks to be dredged--
that we have public access, and w~' have been able to do that all except for Deep
Hole Creek which is'the only other creek that we don't have access to, and it was
held up for many years because we didn't have that access, and we finally got
permission through a special resolution to .have the area dredged, and that was
the one reason we couldn't get it :dredged. So there are two creeks--Deep Hole
Creek and also Mattituck Creek. So years ago--three years ago exactly--i was
a Town Trustee at the time, and Town Trustees take care of your Town waters.
One of the big issues at that time was public'access. We do not have enough public
access, and as you know our Town is growing, and everybody that lives o.n the
middle of a farm, or anywhere besides waterfront, has a right to every creek in
our Town. If'you live here and you want to go down iniG0ose Creek, you have
a right to go and ~:lam and fish and crab in' GOOse Creek, and there is a ramp
where you can put your boat in: As time goes on, people, more and more people
will be trailering their!boats because they don't have places to keep them, and
they're too expensive to keep them, and so that is one of the great objectives of
the Trustees at_that time. I got out:the land maps and looked over the whoie
area of Southold and found this very small peninsula of land in'Mattituck that belonged
to a Mr. Deitz Who used to have cottages there that were swept away in the 1938
hurricane. I contacted this man and after many years we finally have the man
give the property to the Town of Southold. It was then pursued to' find out if
it would be possible at all, navigation-wise, to have a ramp put in there. .I contacted
the Army Corps of Engineers. They sent out a person from their'office in' New
York. We stood on the bulkhead there, or where the rocks are'there, and told
him exactly what we were going to do, would it be a problem? He said, no, he
did not think so, but to put in a proposal anyway. The reason that he didn't
think so, is 'he looked over the creek and as you know we have Pederson's right
around the corner, and Pederson does not have a ramp, Which someone told me
they did have, because we went down and looked for "one and couldn't find one.
We ask the man who, worked there and he said:they did'not have one. So first
off we have a very busy area with boats coming in and out, which is 'in a very,
very. narrow area. Much narrower then the area that:we're talking about. The
area we're talking of is '250 Some feet wide, at least, and somone said.' 300 feet wide.
The idea was that it 'was the,widest section,'ini'-the creek ~losest to the area we
want to 9e,t into, which is .l~on9 Island Sound. Now someone said~"WeU, why don't
you use the property that the Town owns at the end of the creekS" And again
we 9° back to the idea of pollution, whicl~ you people are very concerned about,
i know in your creek. The creek does not flush that much ~t the very extreme
end: That'§ one of the biggest problems. That's why that's always been closed
to shellfishing up at the. south end there. First off we would have to build a ramp,
and then the person would have to then ride all the way up through the creek
to get to the mouth of the creek. And if you know anything about emergencies,
and we have had a few emergencies in that creek and in' the Sound, it 'takes quite
a while to get up to the mouth of the creek. So we thought_again; the mouth
of the creek would be the ideal place to put this ramp, and so we decided let's
go ahead and pursue it. Let's see if 'there's a possibility. We have to go through
the DEC, we have to go through the Army Corps. This is a y~ar--two years down
the'line probably if'you know anything about bureaucracy. And so we said'we
MAY 19, 1987
would put in'a permit. Someone said,."Where are you going to park your cars?"
It 'was suggested maybe we could use the park department across the way. Maybe
we could;. We did not say we would; If'we (~ouldn't use that, there is a road
that is'four lanes ~v.id~--if'you recall that area,~ I!m 'sure you know, because you
live' there~ thereis a' telePhon'i~ Pole'right in' the 'middle, and which there are two
lanes On each side. ' I Fpoke to Ray Jacobs about the idea of closing one half of
that road off, ora part of that road, so that we Could use~that for parking, all
on one side. Not using the park district's area. He said' that would be a~ plausible
idea. And we could also,fill in'the area between the jetty and there. So we would
not be disturbing this 'fragile', very delicate land that we're hearing about~ So
there is 'a way we could do it witl~out .touching this ',material'. Now the idea of traffic,
yes, there, will" be traffic; We have a ramp down at New Suffolk, and I hope some
of you Would' drive down and look at the New Suffolk ramp~ It's probably the
most used ramp in.'-the Town. We have a small parking ~o[ there. We have-attendant~;;'~
there'who watch the pa~'king lot, sees what goes on, and I think' you'll fir~d that
is a cleaner,, better area than anything, becat~se we have an attendant there, because
we have the ramp there. You would be getting this"kind of thing in' the future,
and it might have a little bit more control over what you don't have now, which
seems to be one of your problems. These are the things we would have hgped
to work out in the' future if we could even get a ramp there, if 'we could get
permission to do it.' That is 'what we tried to do. I think it's been misinterpreted
that we're trying to sneak something in' under the door. I'it'was not that at all.
If'w.e could get any kind of'permits or anything we would then surely go ~o you
people and say, "Could we do this 'on the park department property?" If not,
then we would gO'and use our own resources. This is 'basically how we were going
to function; And all I can say is; we did'nothing to do anybody any injustice.
There are going to be more people on there using it. These are mostly what we
hoped Would be people in this 'Town would be using it.' The baymen, the man
who lives in back, the guy who wants to go flounder fishing. This is'the.~ kind
of person we were looking for. We were not open ng the gates of the whole west
end to come in and use your area. They Would have to have a-sticker to use the
area. That's basically what we w&re hoping for, and I can't say anything different.
We're wide open about it.' We~'were going to go ahead and get the permit, and
~hat's basically all we were doing. To _see if we could. We did have the A'rm.y~
Corps down. We did go that far. ~ ~'-say h~ think the~i~l-~-~--a~r~y
problem, but put in'a permit. Give us a rough drawing. We went ahead and got
a few rough drawings, but before we did'it~-Ray Jacdbs was going to go ahead
and draw these things up for us so that we could submit 'a plan, he said; "You
better go ahead and check it 'out with the Town Board." I Checked it out with
the Town Board. There was some discussion pros and cons. We put it on the
agenda and you people are here. if'l could answer any questions about it;'l'd
be glad to. I'm a litt'le concerned that when the,Ti~ustees--and you commercial
fishermen partic~larly--I remember.two or three years ago you were very concerned
about Pederson putting ~ome barges~there and made quite a bit of noise about how
unsafe it Would be, and yet just recently there were Whole stacks of pilings that
go all the way ~round the corner, which now has beats in it; which I don"t~ hear
a bit of concern about navigation or problems. And here we have a boat ramp
which is :going to go into sand. The boat ramp ish't going' into deep water. The
people are going to have to use it 'sometime, probably only inbetween tides. I really
think'we're not going to have a navigational,=hazard. It"s not a navigational hazard..
This is, of course, an opinion. You people work the waters and probably have
a much better opinion of it 'then I do. And I just feel that the people of the Town -
of Southold deserve a right to get into the Sound. The ideal place, it's two minutes
there to the Sound. They're away--they're 800 feet from the nearest house. Any
other ramp has houses right along side of~them. Go to New Suffolk. A hundred
feet away people live. Go .to Goose Creek. They're right along side of the houses.
Everywhere else people live with these situation, and we don't have a rowdy group
of fishe'rmen. Fishermen come in, they put their boat in'and leave. They come
back, they get_put. They don't stay there. They don't picnic.lthere. They come,
they leave. And that's it. And that's what we're, trying to do, is'give people
access and that's all we are trying to do. I'm sorry I took that much time, but
I think it had to be explained
SUPERVISOR MURPHY: You had a question (to someone in the audience)? Did
anyone have a question?
JIMMY KING: I just beg to differ with there being no complaints about---my name
is:Jimmy King. I live on the inlet in'Mattituck. I've been Iobstering out of Mattituck
for over twenty years now. This 'business with Mr. Pederson, there being no
complaints, I think there were complaints. As a matter of f~ct a letter was, written
to the Town Trustees who gave him permission to do it.'
COUNCILMAN STOUTENBUR-E;H: I never knew there was a complai'~t offered. I
tried to 'get backing of it. This Town Board wrote a letter to the Town. Trustees,
JIMMY KING: I'm sure that they have a letter on ~ecord.
MAY 19, 1987 - - 1 15
COUNCILMAN STOUTENBURGH: This Town Baord wrote a letter to the Trustees
saying that they were V~rg,
JIMMY KING: As far as the launching ramp, I have no objections to the launching
ramp~ but I think it's a bad spot for one.
COUNCILMAN STOUTENBURGH: We wou}d~16ve to find another place.
JIMMY KING: All you have to do is go down there on a nice warm sunny afternoon,
on a Sunday and watch the boats coming in~ and watch the speed that these boats
come in and when they hit 'that first corner. That's when you slow down. They're
~oming in between the breakwaters--some are big boats too, this is 'just no little
stuff.-
-COUNCILMAN STOUTENBURGH: We have been trying to get a police officer in
there, which we do have, which i hopes a little bit: and if not, then we better
get someone who does.
JIMMY KING: Everybody wants to use the creek. More and more peOple use it~
Actually the creek is getting smaller.
COUNCILMAN STOUTENBURGH: Of course. That's. absolutely true, and we're
getting more and more pressures of using these .areas.
JIMMY KING: The same thing in the Sound.
COUNCILMAN STOUTENBURGH: We,Pe trying to put the ramp away"from people's
houses. That was our biggest problem.
JIMMY KING: My personal feeling, having used the inlet as long as I have, I
iust think' it's a bad spot. I don't think you're going 'to stop the speed or the
traffic coming in, especially coming in~
SUPERVISOR MURPHY: Thank you, Jimmy. I would just like to make one reply
as a former Commissioner of the MattitUck Park District for 20 years. When this
idea Was-first proposed, when I was the. Chairman of the Board, the idea was supported
by the Park~ Commissioners. Itlis'now a little after 8:00.O~.clock, so I'd like a motion
to recess for the time it 'takes 'to hold. the two public:hearings.
Moved by Coun~-ilman Penny, seconded by Councilman Schondebare, it was
RESOLVED that a recess be, c~lled at this:time, 8:00 P.M.. for the purpose of holding
two public':hearings: Proposed 'Local Law to am~d Chapter. 92 of the Code of
the Town of Southold in relation to traffic regulations," and proposed "Local Law
in relation to boat operators, boat equipment and anchoring in'West Harbor."
Vote of the Town Board: Ayes: Councilman Penny. Councilwoman Cochran,
Councilman Schondeba~e. Councilman Stoutenburgh, Supervis0~ Murphy.
This resolution was declared duly ADOPTE.D,
Reg~ilar Meeting reconvened at 8:10 P.M.
SUPERVISOR' MURPHY: I Will reopen the regular Town Board meeting and moving
on to Resolutions. Number I whi~h-'is :a resolution extending our thanks and
appreciation to the members of the Economic Advisory Committee. They gave us
a lengthy report and discussion this morni, ng in'the Work Session. We gave them
a proclamation thanking them for their work, and this is for the offici'al record,
so I'd like to offer that resolution.
Moved. by Supervisor Murphy, seconded by Councilwoman Cochran/
WHEREAS, the Town Board, on August 27, :1985, created a committee known as
the "Economic Advisory Committ'ee" to address the present state of the economy
within the Town, to advise on the future economic vitality of those industries presently
within:the Town, and to advise on what industries, compatable-with the Town,
can be brought into the Town to promote jobs, taces and growth, and---
WHEREAS, the Economic Advisory Committee has submitted their final report to
the Town Board, therey concluding their'obligations, now, therefore, be it
RESOLVED.that the Town Board hereby disbands the Economic'Advisory Committee,
and extends their'sincere thanks' and appreciation to all of the members who devoted
untold hours on behalf of this project, and provided the Town Board with their
knowledge and expe_rt_ise throughout the study.
ECONOMIC ADVISORY COMMITTEE
William H. Behr, Chairman
George J. Wieser
Warren M. Cannon
Michael Zweig
William S. Gardner '
1.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Coundlm._an Stoutenburgh, SuPervisor Murpl~y.
This resolution was declared ;duly ADOPTED. -
1! 6
MAY 19, 1987
SUPERVISOR MURPHY: Number 2 is a resolution on Mattituck Inlet.
Moved by Councilman Stoutenburgh, seconded by Supervisor Murphy~ it 'was
RESOLVED that the Town Board of the Town of. Southold hereby s,,upports the concept
of the construction of a boat ramp on the former Dietz property' at M-attituck Inlet,
and authoriZe commencement of the permit process for the ramp construction.
SUPERVISOR MURPHY: Any questions?
COUNCILMAN SCHONDEBARE: I've got a comment. I have to agree that we need
access to Mattituck Creek. I agree with Paul in that concept. On thEother hand
I have to agree'with the gentleman who spoke i~.th-e~..back of the room~ because
I was down there and took a look at it with everyone else that day, and ! think
it's jh~.t~ a terrible spot for a ramp in' that area, and I agree, I think it'~ going
to be a traffic hazard.
COUNCILMAN STOUTENBURGH: Could I add a note to this? Again; Jay, we have
an Army Corps of Engineers who's concepts of navigation we must--for every permit
in this Town, anything to do with the water, the Army Corps of Engineers must
give their okay. And I would surely think that if'they thought this was a hazardous
situation here, they would not suggest that we put a ramp in there. That's exactly
what we're trying to C~0, see if 'they would give us this permit, because the person
we had down there said he thought it was possible, but he said, "Make sure you
put in a permit, don't take my word for .it.'" And that's what we were trying to
do.
COUNCILMAN SCHONDEBARE: I was down there with you that day; Paul; and
I remember I Was Clumbfounded when the gentleman from the Army Corps of Engineers
said:that he was willing to break into that brick wall or jetty that's down !there.
! ~ouldn't believe that he was willing to do that to begin with, and I frankly am
not willing to rely on the Army C~rps of Engineers for their'input on that traffic
condition in that area. Sorry.
SUPERVISOR MURPHY: Any other comments?
COUNCILMAN PENNY: I'd like to concur with Councilman Schondebare and also
with the comments of Jim King. I think if'anybody knows thesePlocal wate~rs, oroba ~b!~
more than somebody that s coming down on a vis.tat.on from the State,:'~t's the
local fishermen and the .local residents and the local people in' the community.
further believe that we're going to have a serious problem there, and I'm.~lso follow
lng up because I Understand we have a similar situation up in'the Three-~illag~.
area~.up the Island where I'm told that there's a side current site where there is
a town launching ramp and it 'has been a constant source ~of problems in that area,
and I'm going to research that further. So I concur with Councilman Schondebare.
SUPERVISOR MURPHY: ~hy other~comments? (No response.)
2.-Vote of the Town Board: No: Councilman Penny, Councilwoman Cochran,, Council-'
man Schondebare, Justice Edwards. Yes: Councilman Stoutenburgh, Supervisor
Murphy.
This resolution was declared LOST.
SUPERVISOR MURPHY: Number 3 is to authorize amendments to the Community
Development Year 12 Budget. I Offer that resolution.
3. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board fo'~the Town of Southold hereby authorizes, the
following amendments to the Community Development Year .12 Program Budget:
Current New
Project Bud~ Increase Decrease Budget
Housing Land Acquisition $71,725.'00' -0- $18,000.00 $53,725.~00
North Fork Child Care -0- $18,000.00 -0- i$18,000~ 00
P roj ect
3.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This resolution was declared 'duly ADOPTED..
SUPERVISOR MURPHY: Number 4 is to authorize' the signing of Rec check~.
4. Moved by Councilwoman Cochran, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of S0uthol~t hereby authorizes Theresa
Bokina to sign Town of Southold Recreation Activity Fees Account checks (Account
No. 014-30'5~99 5), in place of Susan Fossett, until further notice. (The checks
must also be signed by Judith T. Terry, Town Clerk, as authorized previo(~sly.)
4.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man ~Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This resolution was declared duly_ ADOPTED.
SUPERVISOR MURPHY: ?/~fid NU~l:5~?~3:~;~[~;~C~:,~:~ih~ S~5~ne Walden as a Clerk Typist
in'the Building Department for the summer, at a salary of $6.50 per hour.
5. Moved by CouncilWoman Cochran, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Suzanne
Walden as a Clerk Typist for the BuildinCd Department for the Summer Season, 35
hours per week, at a salary of $6. 50 per hour.
5.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, SuperVisor Murphy.
This: resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 6 is'the appointment of Lifeguards and Beach
Attendants for the 1987 Summer Season.
6. Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare, it'was
RESOLVED [hat the Town Board of the Town of Southold hereby'appoints the ~ follow-
ing Lifeguards and Beach Attendants for the :1987 Summer Season:
Li FEGUARDS
Brian Bambrick ................ ---.. .. .. .. .. $6.00 per hour
Charles Boyar, head lifegu~ard ............... 6.00 .+ .25 = 6.25 per hour
Joseph Barisi'c~ head li,feguard ............... 5'.175 + .25 = 6'. 00 per hour
Yvonne Nic01 ............................... '.5;75 'per hour
Douglas Brown .............................. 5.'25 per hour
Michael Conklin. ............................. 5.50 per hour
Thomas McNulty ............................... 6,.O0 per':hour
Thomas Scheuermann ........................ 5.25 per hour
Gordon Blake ................................ 5.~0 per hour
Chris'McNulty ............................... 6.25 per hour
BEACH ATTENDANTS
Elizabeth McNulty ........................... ;$~4.$0 per hour
Joanna McNulty .............................. 4.35 per hour
6.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-:
man Schondebare, Councilman Stoutenburgh', Supervisor Murphy.
This'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 7 is'to amend the Tb~/n Highway Specs on the
drawings. There was a clerical error. It should be 1~2 feet and not 12 inches.
I offer that resolution.
7. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that ~he Town Board of the Town of Southold hereby amends the Town
of Southold Highway Specifications - Standard Drawin~ SD 855 to make a technical
correction on two dimensions from 12'" to 12'.
7.-Vote of the Town' Board: Ayes: Couri¢ilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This resOlution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Num~ber 8 is to amend a prior resolution.
8. Moved by. Councilwoman Cochran, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southoid hereby amends their Resolu-
tion No._ 7-~. adopted May .1, 1987, appointin~ Joseph Zimmer~ Post Commander of _
the .Griswold~Terr¥-Glover American Le~ion. Post No. 803~ Southold, a member of
the Council on Veterans Affairs, by deletin~ the' name of Jb'seph-Zimmer, and insert-
in~ the name of Richard Diehl, all in accordance with the new policy and recommendation
of the Executive Board of the Griswold-Terry-Glover American Legion Post' No.
803,~Southold; said'appointment effective immediately through December 31, .1987.
8.-Vote of'the Town Board: Ayes: Councilman" Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh', Supervisor Murphy.
This resolution was declared 'duly ADOPTED.
SUPERVISOR MURPHY: And Number 9 is to authorize the payment.of. St0,000 on
an old audit 'on insurance premiums.
Moved by Councilman Stoutenburgh, seconded by Councilman $chondebare, it was
RSOLVED that the Town Board of the Town of Southold hereby accePts the release
of Graphic'Arts Mutual Insurance Company, 180 Genesee Street, New Hartford,~
New York, for acceptance of $10~000.00 from the Town of Southold as a settlement
of the outstandin~ audit premium under Polic¥~ No. FMP 2267?, years 1982-85~ anc~
hereby authorizes the issuance of a check in the amount of $10,000.00 to Utica
Mutual Insurance Company as 'payment in full. Said check to be drawn 6n the
Gener_al _F.~und, Whole Town Contingent Account No. 1'990.4.
9.-Vote of the Town Board: Ayes: Cou~r~i~l~i-~ Penny, Councilwoman Cochran, Co~.ncil-
man Schondebare, Councilman Stoutenburgh, Supervis0~ Murphy. ~
This resolution was declared duly 'ADOPTED..
118
MAY 19, 1987
SUPERVISOR MURPHY: Number 10 is to appoint Special' Bay Constable Vernon
Wermelinger to work in Mattit~ck Inlet Creek.
10. Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare, t 'was
RESOLVI~D that the Town Board' of the Town of. Southold hereby app0ini~s'Vernon
G. W~rmelinc.]er as a Spedal Bay Constabl~ for- the purpose of ~atr~ilin~ ~he water-
w. ays in 'and about Mat~ituck Creek, effective immediately, at a sai~ry ~f ~8.50 ~r
hour, and be it further
RESOLVED that the Town Board hereby authorizes and directs Supervisor Francis
J. Murphy to execute an a~lreement between the Town' and Special Bay Constable
Vernon G. Wermelin~er for the purpose of patrolling the waterways in and about
MattitUck Creek, -for the period Ma~ 15; rl9~7, and ~nding Septemt~er 10, 1987.; he
to furnish-a suitable boat, together with.the .necessary 'outboard m'otor and required~
equipment for the operation of said boat during the term of the agreemi~nt, a~id
to be responsible for any and all rexpenses for the repair:and maintenanc~ of said
equipment, with the exception of a sum not to exceed $500.'00 during the term of
the agreement, which sum shall be paid" bY the Town of Southold.
10.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
~n~n Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This~resolution was declared duly ADOPTED,
SUPERVISOR M~JRPHY: And Number 11 is-to appoint Mary Lou Cassidy as a Steno-
grapher in the. office of the Town Clerk, from the civil 'service list, at a salary
of $16,881.32 per year. ! Offer that resolution.
11. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby a. ppoints Mary
Lou Cassid¥ as a Stenographer in the Office of the Town Clerk, from the Suffolk
County Department of Cii/il Service Certifi~sation of Eligibles, effective May 18,
1987, at a salary of $16, 881'. 32 per annum.
11.-Vote of the Town Board: Ayes: Councilman Penny, CouncilWoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This resolution was declared duly ADOPTED.
12.
SUPERVISOR MURPHY: And Number 12 is to declare a negative dec.
Moved by Councilman Penny, seconded by Supervisor Murphy,
WHEREAS, a chan~e of zone application for the premises situate on the north side
of Main Road, Southold, Suffolk County Tax Map No. 1000~63-3-19, from "A" Res-
idential and Agricultural Distric[ to "B" Light Business District, petitioned by Burt
G. Lewis, Jr., has been received by the Town Board, and
WHEREAS, said premises is 'now used for a use permitted in:the zone petitioned
for, and
WHEREAS, no adverse environmental impact is evident on the premises, or as a
result of the e~xisting use,of the premises, and
WHEREAS, upon completion of a Long Environmental Impact Form, Part Two, and
a field inspection, no adverse environmental impact can be expected from uses comply-
ing with the provisions of the petitioned zone change, and
WHEREAS, said' petitioned zone change is in conformance with a g~eral zoning
ordinance amendment being considered by the Town Board, now, therefore, be it
RESOLVED that consistent with Part 617 of the State Environmental Quality Review
anti Chapter 44 of the Code of the Town of Southold, the proposed action will not
have a significant effect on the environment.
COUNCILMAN SCHONDEBARE: Question. Second paragraph: "Whereas, said premises
is now used for a use permitted in the zone being petitioned for.." Is '
~t my under-
standing that there is a use in that premises that's a light business use, Since
that's what he,ts petitioning for, in an "A" Residential' Zone, at the present time?
And if so, is l~hat in there by .... he's telling me that...
SUPERVISOR MURPHY: I cthink.'maybeit"might have...typing in the Master Plan,
would it be?
COUNCILMAN SCHONDEBARE: No, w'hat'he's saying to me, as I read it: !'Whereas,
said premises is now used for a use permitt'ed in' the zone being petitioned for.."
He's telling me that he's petitioning for a light business and~that the use now there
is ~" light business, and it's an "A" Residential Zone. And if that's the case, why
is somebody using a' ~ight'b'usiness"use in an "A" Residential Zone? And if that's
the case, why isn.t this the continuous use? -Is it a non-conforming use? I§' it
a Special' Exception? What's going on here?
COUNCILMAN PENNY: Perhaps Mr. Lewis can explain'it, he's right here.
SUPERVISOR M~JRPHY: Burt, do you want to...
COUNCILMAN SCHONDEBARE: Burt, please exl~lain it.
MAY 19, 1987
1.I9'
BURT LEWIS; JR.: Th, and he applied to
the Building Department but I want to open up a real estate
office and that's a different ball game. I Can't do it without this zoning, as it
was explained to me by the Building D, eparitmen~t. You can do certain things'with
certain businesses, but you can't do it 'with real estate.
COUNCILMAN SCHONDEBARE: Yes, but iff remember it' correctly, doesn't that
fall under the professional exemptions that we have for lawyers, doctors, and maybe
it's architects, when they live and have their home in'the premises. Now, is the
architect that you're talking about living there?
BURT LEWIS, JR.: They're living upstairs.
...COUNClLMAN SCHONDEBARE:.' 'They are living upstairs.
I see.
Okay, so downstairs...
SUPERVISOR MURPHY: And he can't put a real estate office.
COUNCILMAN SCHONDEBARE: Okay. I know real estate has never been allowed
if,you lived in:or no matter what. Okay, 'thank you.
COUNCILMAN PENNY: I would like to make an amendment to this'and strike that
particular paragraph where it says, "Whereas, said' premises is now used for a
use..." I don't think that should be in'there at all under those conditions, because
what he's applying for is a "B" Business use and not an "A-" Residential use.
COUNCILMAN SCHONDEBARE: Yes, that's wrong.
COUNCILMAN PENNY: Omit this one sentence completely.
SUPERVISOR MURPHY: Any other questions?
Amended Resolution No. 12.
12. Moved by Councilman Penny, seconded by Supervisor Murphy,
WHEREAS, a c,hange of zone application for the premises, situate on the north side
of Main Road, Southold, Suffolk County Tax Map No. 100~-63~3-'19, from "A" Res-
idential and Agricultural Dis[ric1~ to "B" Light Business. Disl~ric[, petitioned by Burr
G. Lewis, Jr., has been received by the Town Board, and
WHEREAS, no adverse environmental impact is 'evident on the premises, or as a
result of the anticipated use of the premises, and
WHEREAS, upon completion of a Long Environmental Impact Form, Part Two, and
a field inspection no adverse envirOnmental impact can be expected from uses comply-
ing with the provisi'~ns of the petitioned zone change, and
WHEREAS, said petitioned zone change is in conformance with a general zoning
ordinance amendment .being considered by the Town Board, now, therefore, be it
RESOLVED that consistent with Part 617 Of the State Environmental Quality Review
and Chapter 44 of the Code of the Town of Southold, the proposed action will not
have a significant effect on the environment.
12.-Vote of the Town Board: Ayes: Councilman Penny, CouncilWoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This resolution-was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 13 is"to set a public hearing, 8:00 P.M., on Tuesday,
June 16th, Southold Town Hall, for a public:hearing on the petition of Burt Lewis
for a change of zone. I Offer that resolution.
13.
Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh,
WHEREAS,. Burt G. Lewis, Jr., by petition dated March 27, 1987, petitioned the
Town Board- of the Town of Southold for a'change of zone on certain property
located on the north' side of Route 25, Southold, from "A" Residential' and Agricultural
Distric~ to "B, Light Business District; said' property bounded and described as
follows: BEGINNING at a point on the northerly side of Main Road,..at t_h.e southeast
corner of the'hereinafter described premises, said point of beginning also being
where the southwest corner of land now or formerly of Robert Hascoat intersects
the northerly side of Main Road; and from said point of beginning running thence
South 74° 05'~ 00" West along the northerly side of Main Road, 74. 40 feet to a point
and land now or formerly of Elaine Overton; thence northerly and easterly along
last mentioned land the following two (2) courses and distances: (1) North 16°
37' 40" West 136.00 feet; and (2) North 74° 11' 40" East 82.90 feet to a point and
land now or formerly of Louis. B. Barnett' and Elizabeth H. Barnett, his wife; thence
South 13° 03' 00'r'East along last mentioned land-and land now or formerly of Robert
Hascoat 136.00 feet to the northerly side of Main Road, at the point or place of
BEGINNING; and
WHEREAS, the Southold Town Planning Board and the Suff61k County Department
of Planning have prepared official reports and recommendations on the aforesaid'
petiti'on, now, therefore, be it'
120
MAY 19, 1987
RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, June 16, 1987,
Southold Town Hall, Main Road, Southold, New York, as time and place for a public
.hearin~ on the petition of Burt G. Lewis, Jr. for a chan~e of zone, at which time
any person desiring to be heard on the above proposed petition should appear
at the time and place above so specified; and be.it further
RESOLVED that the Town Clerk be and she hereby is authorized and directed to
cause notice of said hearing to be published in the offidal newspapers pursuant
to the requirements of law.
13.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 14 is to authorize our Nutrition Director, Vee
McKeighan .to place help wanted ads in'the Times and Traveler-Watchman. l, offer
that resblution;
14. Moved by Supervisor Murphy, seconded by CouncilWoman Cochran, it was
RESOLVED that the Town ~3oard of the Town of Southold. hereby authorizes Director
of Senior Services Venetia McKei~]han to place help wanted ads in The Sufffolk Times
and The Long Island Traveler-Watchman for: Assistant Cook, Nutrition Proc~ram,
permanent position, 35 hours per week, $6.00 per hour +.benefits; Van D~['ver,
N,,~trition Program, permanent position, $4.67 per hour, 35 I~ours per week.
14.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This resolution was declared duly ADOPTED...
SUPERVISOR MURPHY: And Number 15 is to appoint seasonal employees to the
safe BTl'mosquito larvacide program on Fishers Island. I offer that resolution.
Amended August 25, 1987 Resolution #28
75. Moved by 'Supervisor Murphy, seconded by Councilman_Stoutenburqh, it w~as
RESOLVED that the Town Board of the Town of SOuthold hereby ~ppoints Margaret
Niemann as a seasonal 'employee - Supervisor of the safe BTI mosquito larvacid~
program on Fishers Island, who will be primarily hired by Suffolk County at a
salary of $!2.00 per hour until, mid'summer, when she will then be placed on Southold
Town's. pa~/roll;.and under the Town DEC permits for the BTI Program; and Shiela
Doppelhammer as a seasonal employee - Technician under the safe BTI mosquito
larvacide program on Fishers Island, who will be a Southold Town employee, at
a salary of '$6..50 per hour; said-appointments for the period June 1, 1987, through
September 1987,; the employees to submit timesheets for payment; total cost not
to.exceed $5,'000.00 'for the two employees.
15D-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare~ Councilman Stoutenburgh, 'Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MU, RPHY: And Number 16 is'to appoint Tom Gralton as a part-time
Police Officer, effective immediately, at a salary of $7.50 per hour.
16. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Thomas
P. G~alton as a part-time Police Officer, effective immediately, at a salary ,of $7.50
per hour.
16.-Vote of the Town Board: Ayes: Councilman Penny, Councilm~n~ Sch-on~tebare,- Council-i_
man Stoutenburgh, Supervisor Murphy. Abstain: Councilwoman Cochran.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 17 is a budget modification.
17. Moved by CouncilWoman Cochran, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Sbuthol~l hereby authorizes the
following] Budc~et modification within! the General Fund Whole Town Account:
Revenue
A3115 - Shellfish $5,000.00 · ~.
Appropriation
A8830.4 - Shellfish $5,000.00
to provide for the contract with Cooperation Extension Association of Suffolk County
(Sea Grant).
17.-Vote of the Town Board: Ayes: Councilman Penny, CouncilWoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 18 is'to appoint Diane Schultze to provide
secretaria! services to the Farmland Committee, effective January 1:, 1987 through
December 31, 1987, at a rate of $7.50 per hour. I offer that.
18.
Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Diane
M. Schultze to provide secretarial' services to the Southold Town Farmland Committee,
effective January 1, 1987 through Oec~mb~r 3~ 1987, at $7.50 pe~r hour, not to
121'
MAY 19, 1987
exceed $3,500.00 for '1987; said 'fur~d~, ~i~ reimbursed to the Payroll Account
from the Farmland Preservation ~c¢~ ~.-?-~. · ~
18.~Vote of the Town Board :. Ayes: CoUncllman~ Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenb~rgh, Supervisor Murphy.
This.- resolution Was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 19 is to authorize a police sergeanl~!'~to attend an
armed robbery semi.nar~
19. Moved by Councilman Stoutenburgh, seconded by Councilman Penny, it was
RESOLVED tha~ the ~l'own Board of the Town of Southold herebyaLJthorizes Police
Sergeant Joseph. Conway to attend a "A'rmed Robbery Seminar"at Hauppauge, New
York, on May 28 and :29, .1987,, and t'he registration fee in. the amount of $40. 00
shall be.a legal Police Department ~bUdget.
19.-Vote ~of the : councilman l~enny, Coun~Hwoman Cochran, Council-
man Schondebare StoUtenburgh, Supervisor Murphy.
This~res01utiob was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 20 is to grant the Mattituck Lions Club permission
to hotd'their'an'nual Straw berry Festival on MattitUck School ~rounds, Saturday,
June 13, :1987~
20.: Moved by CouncilWoman Cochra, seconded by Councilman Penny, it was
RESOLVED that in accordance with Section I00-114(C) of the Codeof the Town~
of Southold, the Town Board of the Town of~Southold hereby ~rants the Mattituck
Lions Club~ a Special License to hold their-annual Strawberry Festival on the Mattituck
School ~rounds, on Saturday, June 13, 1987, provided they secure and maintain
the proper insurance to hold the Town of Southold harmless. ~
20.~-Vote of the -Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 21 is to appoint Christine Schlachter as a
Clerk Typist in the Office of the Supervisor, 'from the civil 'service list, effective
June 4th, at a salary of $14,851.00 Per year. ! Offer that resolution.
Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it 'was
RESOLVED that the Town 'Board df-the Town of Southo~ld' hereby appoints Christine
M. Schlachter a Clerk Typist in:the Office of the Supervisor, from the Suffolk
County Department of Civil Service Certification of Eligibles, effective June 4,
1987, at a s~'[ary of $14,85~'.00' per annum.
21.-Vote of the Town Board: Ayes: Councilman Penny, CouncilWoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR'MURPHY: And Number 22 is:to grant permission~ to the Mattituck.
Fire Department to hold a parade on Town roads at 8:30 'A.M., Monday, May 25th.
I offer that.
22. Moved by Supervisor Murphy, seconded by Coundlman Stoutenburgh, it 'was
RESOLVED that the Town Board of the Town of Southold hereby ~rants permission
to the Mattituck Fire Department to use the followin~ Town roads for the purpose
of holdin~ a parade at 8:.30 A.M., Monday, May 25, :1987, provided they secure
and maintain the proper insurance to hold the Town of Southold harmless: Pike
Street, Westphalia'Road, Sound Avenue, ,Love Lane.
22.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Coundl-
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 23 is 'to accept a resignation.
23. Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts, with
re~Fet~ .the resignation of Richard O. Whitney, Road Inspector, effective immediately.
23;'~Vote of the T~wn Board: Ayes: Councilman Penny, CouncilWoman Cochran,
Councilman Schondebare, Councilman Stoutenburgh, 'Supervisor Murphy.
This resolution was declared 'duly ADOPTED.
SUPERVISOR MURPHY: And Number 24 is to authorize the Board of CommisSioners
of the Fishers ISland Ferry District to advertise for bids for a new fork lift' truck.
I Offer that.
19, 1987
24. Moved by Supervisor Murphy, seconded by Councilman- Penny, it was
RESOLVED -that the Town Board of the Town of Southold hereby authorizes the
Board of Commissioners of the Fishers Island Ferry District to advertise for bids
~or the purchase of one (1) Toyota Model. 42-SFG'25-FV118, or equal, for:klift' truck.
24.-Vote of the Town. Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
manSchondebare,. Councilman Stoutenburgh, Supervisor Murphy.
This'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And. Number 25 is'to appoint Dolores Walsh as a Clerk
Typist in'the Town Clerk's Office, effective June 8th at $14,851.00.
RESCINDED:. June 30, 1987 Resol~ #9
Moved by CouncilWoman Cochran, seconded by Councilman Penny, it 'was
RESO_L. VED that,the ToWn Board 6f the Town of Southold hereby appoints Dolores
D. Walsh a Clerk ~"Fypist ~n"the Offic~ of the:Town Clerk; from the'Suffolk, County
bepartment of Civil Service certification of Eligibles, eff~tiYe June 8, 19~'7,':at '
a salary of $14,851.00 per annum.
25.-Vote of the Town Board: Ayes: Councilman Penny, CouncilWoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, 'Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 26 we're goin~ to hold (appointment of a provisional
Superintendent of Recreatio~ I). Number 27 is:to create ~ promotional position
of Public'Safety Dispatcher I!; i Offer that resolution.
27. Moved by Supervis0r Murphy, seconded by Councilman Penny, it :was
RESOLVED that' the Town Board (~.f the'~Town of Southold hereby creates the promotional
position of Public:Safety Dispatcher !1~ and sets a salary for the new position .at
$16,876.47: {this:reflects a ~1,500.00 increase over Public'Safety Dispatcher, Step
I) :, and be it: further
RESOLVED that Supervisor Francis'J. Murph~ be and he hereby is'authorized and
directed to request the promotional Civil ServiCe List for Public:Safety Dispatcher I1.'
27.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh; Supervisor Murphy.
This: resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 28 is'to execute an agreement between Szepato~ki
Associates and ~the Town ~for the preparation of our final.Generic'Impact S~atement
on our famous Master Plan, at a cost not to exceed $7,200.'00.
'COUNClLM^'~ SCHONDEBARE: The Master Plan has now cost us an additional
$7,200'.'00.
28.
28.-Vote of the Town Board: Ayes: Councilman
Councilman Stoutenburgh, Supervisor Murphy.
.This-resolution was declared duly ADOPTED.
Moved.-by Councilwoman Cochran, seconded by Councilman Penny, it :was
RESOLVED that the Town Board of the Town. of Southold hereby-authorizes and
directs Supervisor F~ancis J. Murphy'to execute an agreement betweenSzepatowski:'
Associates, Inc. and the Tov~n of Southold for the preparation of a completed final
Generic' Impact Statement, 'pursuant to Part 617, State Environmental' Quali~y Review
in the matter of the proposed "Local Law to amend' the Southold Town Zoning Cod~
and the Zoning.Map incorporated therein, to implement, in'whole or in part, the
recommendations of the Master Plan Update prepared by the Plannin~l Board," at
a total cost not to exceed ~7,200'.'00.
Penny, Councilwoman Cochran,
NO: Councilman Schondebare.
SUPERVISOR MURPHY: Number 29 is to appoint a Home Health Aide, Ann
SChmidtchen, in the Adult Day Care Center, effective May 6th, .20 hours a week,
at $4.00 an hour. I offer that resolution.
~29. Moved by Supervis0r Murphy, seconded by Councilman Stoutenl~urgh, it 'Was
RESOLVED that the Town Board of the Town of Southold hereby appoints Ann
Schmidtchen as a Home Health Aide under the Senior Adult Day Care Program,
effective May 6, 1987, 20 hours per week, $4.00 per hour.
29.rVote of the Town Board: Ayes: Councilman Penny, CouncilWoman Cochran, Council-
man Schondebare, Councilman- Stoutenburgh, Supervisor Murphy.
This resolution was declared 'duly ADOPTED.
SUPERVISOR MURPHY: Number 30 is'to appoint Eleanor Berg as a Kitchen Aide
in the Town Nutrition Program, effective May 18th, at 20 hours a week, a~t'$3.35
an hour. I offer that resolution.
'30. Moved by Supervisor Murphy, seconded by-Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Eleanor
Berg as a Kitchen Aide for the Southold Town Nutrition Pro, ram, effective May
18, 1987., 20 hours per week, $3.35 per hour.
30.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This resolution was declared duly ADOPTED.,
MAY 19, 1987
1'23
SUPERVISOR MURPHY~ NUmber 31 is'a budget modi~cation to reflect a gift' from
the CROP Walk of $2,000 to .our Nutrition Program. I Offer that resolution, witlfi
thanks.
31. Moved by Supervisor Murphy, seconded by Councilman Penny,. it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followin9:1987: Budget Mollification to the Nutrition Program:
Revenues
2705 Gift's and. Donations '- $2,000.00
- Appropria~ion . . ,
6772.2 Programs for Aging, Equipment $2,000.'00
to nation to the Nutrition Program from C.R.O.P.
Ayes: Councilman ~Penny, Councilwoman Cochran,
;: .~ ~ toUtenbur§h, Supervisor 'Murphy.
-This:reso ]red duly ADOPTED.
SUPERVISOR MURPHY: And Number 32 is to amend,our.agreement with our part-
time Bay'C'Onstabile on Fishers Island, John-Clavin. i Offer that.
32. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board ~f the Town of Southold hereby amends theiP-'agree-
ment with part-time Bay Constable, John Clavin:, Fishers Island, to increasethe
amount allowed, for seasonal dockin9 facility space at Fishers Island Develop~nent
Company marib~.' (Pirates Cove Marine) from '$750.'00 to the actual slip: fee of_$1,040.O0,
and an increase in~ his'fee from $1,~000;.:00' to' $1,500.'00 for the term of the agreement.
32.-V0te of the' Town. Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare,~ Councilman Stoutenburgh, Supervisor Murphy.
This resolution was declared duly ADOPTED.
33.-Vote of the-~l'own Board: Ayes: Councilman'Penny, CounCilwoman Cochran, Council-~
SUPERVISOR MURPHY: Number' 33'is to gra~t permis§ion to Valentine J. and Erika
J. ,Pust for permission to place a rented single family house trailer on their property
on the north side of County Route 48, east of Mill' Road, Peconic,-for the months
of June and July-.while their new home is under construction, i Offer that resolution.
Moved by Supervisor Murphy, seconded by Coun'c~ilWoman Cochran, it"was
RESOLVED that the application of Valentine J. & Erika J. Pust for permission to
place a rented single family house trailer on their profserty on the north side of
~ounty Route 48~ east of /~lii Road, Peconic, for the months of June and July,
while their:residence is under construction, be and hereby is 9ranted.
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy._
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 34 is to execute an agreement with another
I~'art-time Bay Constable on Fishers Island.
34. Moved by Councilman Penny, seconded by Coun~ilWoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis ~J. Murphy to execute an agreement between the Town
o~,Southold and Steve Malin0wski, 'PhD. to perform Assistant Bay Constable services-
for the Town of Southold by patrolling the waterways in' and around the Town 'of.
S6uthold to ass,u~: the proper and safe use of said waterways by boatmen and others,
for the term January 1, 1987: through'December 31, 1987:, at a fee of $1,500.00'
_for the term of this agreement; Dr. Mali.n0wski [o supply his own boat, together
with the necessary outboard motor and required equipment and fuel :for the operation
of said boat, and be rasponsilSl~ for any and all expenses for the repair'and maint-
enance of said' equipment..
34.-Vote of the Town Board: Ayes: Councilman Penny,. Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This resolution was declared duly ADOPTED..
SUPERVISOR MURPHY: And Number 35 iS'to set a public'hearing at.8:00 P.M.,
Tuesday, June 2nd, Southold Town Hall, 6n the proposed "Local Law in' relation
to bazaars, fairs., carnivals, circuses and public'shows and entertainments." I
offer that resolution.
35:'
Moved by Supervisor Murphy, seconded by Councilman Schondebare,
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 bazaars, fairs, carnivals,
orcuses and public shows and entertainments," now, Lherefore, be it
RESOL~rED that_the Town Board hereby sets 8:00 P.M., Tuesday, June 2, 1987,
Southold Town Hall, Main Road, Southold, .New York, as time and place for a public'
hearin~t on the aforesaid proposed. Local Law which reads as follows, to wit:'
LOCAL LAW. NO. - 1987 -
A Local Law in relation to bazaars, fairs, carnivals,
circuses and public-shows and entertainments
:['2'4
MAY 19, 1987
BE IT' ENACTED by the Town Board of the Town of Southold as follows:
I.' 'There is 'hereby created a new Chapter which shall be known as Chapter 27
... _of the Code of the Town of Southold, designated as follows:
Chapter 27
Bazaars, fairs, carnivals,
circuses and public'shows
- . and entertainments
Section..27'.-1.. ' Certain entertainments prohibited; permits required.
A. To preserve public peace and good order and to prevent tumultuous assemblage
all public'outdoor shows and entertainment', inbluding., but not limited to, bazaars,
fairs, carnivals 'and circuses are prohibited in:the Town of' Southold.
B. Nothing herein'or in'the foregoing shall apply to bazaars, fairs, carnivals~
circuses and other Public'outdOor shows and entertai~iments that are annrn~,~-I in
writing by'the Town Board and held.in.the Town under,the sole manag~'e~t~a~
for the profit 'of local fraternal, charitable or religious organizations.
C. All applications to the Town Board for permits shall be in writing and
shall supply the name and address of the organization and its .officers making such
application, and the nature of'the affair~ that the same is 'for Charitable purPoses;
the length of time contemplated and the exact location where the same is to be
corid UCted.
D; Applications for approval of any tempQrary structures must be submitted
to the Building Department.
E. All other public'activities which are not a permitted use under the Southold
Town Code'shall reqQi,re the approval of the Zoning Board of Appeals.
II... This local law shall take effect upon its filing with the Secretary of State.
35.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh', Supervisor, Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR 'MURPHY: And Number 36 is to set a public hearing for 8:05' P.M.,
Tuesday, June 6th on the proposed "Local Law Authorizi'ng thee Issuance of Appearance
Tickets by Traffic Control Officers.'" I offer that.
36. Mov,ed by Supervisor Murphy, seconded by Councilman Penny,
WHEREAS, there has been presented to. the ToWn Board of the'Town of Southold
a ~'roposed' local Law entitled, "A. Local Law Authorizi'~h9 the Issuance of Appearance~
Tickets' by Traffic Control Offic~ers,,, now, therefore be
ESOLVED that the Town Board hereby sets 8:05 'P.M., Tuesday, June 2, :1987', ~
Southold To~'n Hall, Main'Road, Southold, New York, as time and place for a public'
hearin9 on the aforesai[d::Local Law which reads as' follows, to wit::
- LOCAL LAW NO. - '1987'
A Local Law Authorizi'n9 the Issuance of Appearance
Tickets by Traffic'Control Officers
BE IT ENACTED by the Town Board of the TOwn of Southold as follows:
I. 'Chapter 26', Section 26-2. of the. Code of' the Town of Southold is hereby amended-
by adding a new paragraph thereto, to. be paragraph (D), as follows:'
D. Traffic'Control Officers. Any State statute, local law,
ordinance, rule or regulation relating to the movement,
parking, stopping or standing of vehicl'es.
II. This:local law shall tal~ effect, upon its filing with the Secretary'of State.
36.-Vote of the Town Board: Ayes: Councilman. Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh,. Supervisor Murphy.
~Thi~._res01ution was declared 'duly ADOPTED. -
SUPERVISOR MURPHY: And Numlber 37 is'to set another public hearing at 8:10
P.M. on Tuesday, June 2nd, Southold Town Hall, on a "Local Law to amend Chapter
92 of the Code of the Town of Southold in relation to traffic re§ulations." 1 offer
that.
37.'
MoVed by Supervisor Murphy, seconded by Councilman Stoutenburgh,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local Law entitled, "A Local Law To amend Chapter 92 of the Code
of the Town of Southold in' relation to traffic regulations," now, therefore, be it
RESOLVED that the Town Board hereby sets 8:10 P.M., Tuesday, June 2, 1987,
Southold Town Hall, Main Road, Southold, New York, as time and place for a public
hearing on the aforesaid proposed L_ocal Law whicl~ reads as follows, to wit:
LOCAL LAW NO. -1987
A Local Law to amend Chapter. 92 of the Code
of the Town of Southold in' relation to traffic regulations
~BE-I'~:- ENACTED 'by the Town Board of the Town of Southold as follows:
I.' 'Chapter' 92 of the Code of the Town of Southold is hereby amended as, follows:
1. By amending Section' 92-30 (Stop intersections with stop signs) by adding
thereto the following:
MAY 19,1987
Stop sicjn on
Robinson Road
of Travel Intersection with
Northerly Champlin Place
Location
(Ram [et)
G r'eenpo rt
{eastern intersection) .--~...
Robinson Road Northerly Champlin' Place Greenport
(western i n~ersecti0n) '
Ii. This'Local Law shall take effect upon its filing with the Secreta'~¥ .of State.
37.-Vote of the Town Board: Ayes': Councilman Penny, Councilwoman Cochran, .C.0uncil~
man Schondebare, Councilman-Stoutenburgh, Supervisor Murphy.
This resolution was declared duly ADOPTED. -_ -.- .. ..
SUPERVISOR MURPHY: And Number 38 is'to set 8:15 P.M. for a public'hearing
on Tuesday, June 2nd on a proposed "Local' Law in relation to the Regulation and
Control of Alarm Systems," I offer that.
38. Moved by Supervisor Murphy, seconded by Councilman Schondebare,
WHEREAS, there has been presented to the Town Board of the Town of Southold
. a p..roposed Local Law entitled, "A Local: Law in' relation to the Regulation and Control
of Alarm Systems," now, therefore, be it
RESOLVED that the Town Board h'~(~by sets 8::15 P.M., Tuesday, June 2, 1987~
Southold Town Hall, Main Road, Southold, New York, as time and place for a public
hearing on the aforesaid propbged Local Law W-hich reads as follows, to wit~'
LOCAL LAW NO. - 1987
'- A Local Law in' relatio'n to the Regulation
and Control o.f Alarm Systems
BE IT ENACTED by the. Town Board of the Town of Southold, as follows:
'That Chapter 24 be added to the Code of the: Town of S(~uthol~l-, as follows:
Chapter 2.4'.,
Alarm Systems
Section 1. p. urp0se.
The purpose of this local law is to establish standards and controls of the
various types of fire, intrusion, holdup and other emergency signals from fire
and police alarm services that require fire department or police responses,
investigation or safeguarding of property at the location of an event reported
by a signal which "is transmitted-by telephone or radio to the Police or Fire
Department from a central station as hereinafter defined.
Section 2. DefinitiOns.
For the purpose of this.-Iocal law, the following definitions shall apply:
ALARM .--AGENT Any person who is' employed- by any business, firm,
corporation or other commercial entity that is 'licensed hereunder to conduct the
business of owning, operating, maintaining, installing, leasing or selling-fire or
police alarm devices whose duties include any of the following: selling,
maintaining, leasing, Servicing, repairing, ' altering, replacing, moving ~or
instal:ling, in or on any building, place or premises, any fire or police alarm
device as defined in'this'local 'law within the Town of Southold.
ALARM INSTALLATION -..Any fire or police alarm device or aggregation of fire
or police alarm devices installed on or within a single buildin9 on or within
more than one (1) building or area adjacently located on a_ common site at a
spe¢i fi c location.
BUSINESS LICENSEE - Any business, '-firm, corporation or-other commercial
entity, which is in the business of owning,-operating, maintainlng, installing,
leasing or selling a fire or police alarm device or devices or system of fire or
police alarm' devices which business, firm or .corporation or other commercial
'entity is an owner, operator, provider of maintenance, service,-!nstaller, lessor
or seller of said device, -or system of devices subject to the license
._ requirements of this local law.
CENTRAL ALARM STAT-ION -Any'facility operated by a private firm that owns
or lease~ ~ system of fire Or' police alarm devices which'facility is manned by
operators who receive, record or validate alarm sighal~' and relay information
about such validated signals to the Police or Fire Department when appropriate.
DIAL ALARM - Any fire or pOlice~ alarm devic'e which is a telephone device or
telephone attachment that automatically or electronically selects-a telephone line
connected to a central alarm station or police headquarters and reproduces _a
pre-recorded message to report a criminal act'or other emergency-requiring
Police of Fire Department. - .
DIRECT ALARM_- Any fir&' or police alarm device conoected directly bY leased
telephone wires from...the specified location' to police headquarters or the fire
department.
MAY 19, 1987
1 25
EMERGENCY ALARM -Any fire or police alarm device designed to be actuated
by a fire criminal act or other emergency at a specific location or by a victim of
-a hold-up robbery or other emergency or criminal act at a specified location.
FALSE EMERGENCY ALARM - Any signal actuated by an emergency alarm to
which the police,or fire department responds which is not the result of a fire,
robbery o.r other crime or emergency.
FIRE DEPARTMENTS - Buildings owned by the Fire Districts of Mattituck,
Cut~:hogue, Southold, East Marion, Orient, Fishers Island.
FIRE OR POLICE ALARM DEVICE - Any device which, when actuated by a fire,
criminal act or other emergency requiring police or Fire Department response,
transmits a pre-recorded message or other signal oy a telephone, radio:or other
means to a central alarm station or directly to the Police or Fire Departments
produces an ~udible or visible signal de_signed to notify persons within audible
or visible alarm range of the signal.
INTRUSION - Any entry into an area or building equipped with one [1) or more
police and fire alarm devices by any person or object whose entry actuates a
police alarm device.
LICENSING AUTHORITY - The Town of Southold or its designated agent.
POLICE HEADQUARTERS - Police headquarters and other enclosures housing
privately or publicly owned equipment serving the police. ,~
Section 3. License Required: Authority to Grant Licenses and Permits:' Tim~
Limit for Compliance.
A. It shall be unlawful for any person, business, firm, corporation or other
commercial entity to operate, maintain; install, lease or sell a fire or police alarm
device or devices or system-of fire or police alarm devices, as defined by the
terms of this local law without t~rSt obtaining a license as hereunder .provided.
B. Authority to Grant Licenses and Permits.
The licensing authority is~ hereby authorized to grant a revocable
license to any business, ~irm, ..corporation or other commercial entity,
authorizing said business, firm, corporation or other commercial, entity
to do business in the Town of Southold by performing any or all of
the following functions: own, operate, maintain, install, lease or'sell a
fire or police alarm device or devices or system of fire or police alarm
d evi ces.
The licensing authority is"hereby authorized to grant a revocable
license to any alarm agent.
The licensing authority is: hereby authorized to grant a revocable
permit to. any owner of property located within' the Town of Southold
or the lessee thereof to operate, maintain, install and modify a fire or
police alarm device.
Applications for licenses and permits.
C. Applications for licenses and permits shall be made as follows:
(1) Ail businesses, firms, corporations or other commercial entities wl~ich
are in the business of owning, operating, maintaining, installing,
leasing or selling a fire or police alarm device or devices or system of
fire or police alarm device or devices, who desire to conduct business
in the Town of Southold shall apply to the licensing authority for a
business license, on a form to be supplied by the licensing authority.
The appiicatio_n shall contain specifiC: provisions relating to the quality,
efficiency and effectiveness of the device or system of devices owned
or to be operated, maintained, installed, leased or sold by the
business licensee, testing procedures in~/olved and any other
information the licensing authority shall determine to be law~
(2) Such business license shall be issued for a one-year period, on a
calendar year basis or a part thereof, and no license shall extend
beyond December 31 of each year. Notwitl~standing this provision, a
person having-a business license may conduct such busi
January 31 of the year following the expiration of his'business licer
126
MAY 19, 1987
(3) Any person who is to be an alarm agent in' the Town ~f, Southold
before acting as such alarm agent shall apply for and receive a
revocable alarm agent license. The application shall be made to the
licensing authority on a form to be supplied by the:. licensing
authority. The application shall contain specific provisions ~elating to
the fire or police alarm device or devices, holdup alarms, dial.alarms
or :alarm installations which are to be sold, leased, installed, :operated
or maintained by the alarm agent, the skill and competency of the
applicant as an alarm agent and such other information the licensing
authority determines to 1se reasonably necessary to effectuate the
purpose of Lhis'local law. Such calendar year basis or a part! thereof,
and no license shall extend beyond December 31 of each year. The
applicant, upon submission of this application, shall be fingerprinted
and Photographed by the Town of Southold Police Depart~Je~it.
Notwithstanding this provision, a person having an alarm agent
license may act as such alarm agent through January 31' of the year
following the expiration of his 'license.
{4) Any property owner or lessee of property in the Town of iSouthold
having on his or its premises a fire or police alarm device or system
of fire or police alarm devices shall apply to the licensing ~uthority
for a permit to own or otherwise have such dev, ce on hi~' or its
premises. The application shall contain provisions relating to the
device or system of devices installed or to be installed on the
'premises. Application for permits for fire or police alarm devices
existing in premises on the effective date of this local law must be
made to the licensing authority by 1987. No such device
may be installed on the premises of the owner or lessee and no
presently existing fire 0r-~'police alarm ~e~ce Complying
provisions of this local law shall- be modified after the effective date
of this local law prior to the licensing authority's having issued a
permit'Lo such owner or lessee. Such permit nee~d not be obtained on
an annual basis, but shall be'obtained each time ~ device or system is
to be installed or modified.
Section 4. License Fees.
License fees shall be as follows.:
Business License: One Hundred Dollars ($100.00) per calendar
year or part thereof.
Alarm Agent: Twenty-five Dollars ($25.00) per calendar.year or
pa'rt thereof.
C. ~ Owner or Lessee Permit:
No Charge.
Section 5. User Fees.
There shall be payable to the Town of Southold a fee of two dollars
($2.00) per month for a fire or police alarm device or devices installed on
the premises of any owner or lessee. Such user fee shall be payable in the
first instance by the business licensee who services the fire or police.
alarm device or devices .of the owner or lessee, but, upon the failure of
the business licensee to make such payments when they become due, the
owner or lessee of the premises shall thereupon become liable for any
unpaid~ user fees. Such user fees shall be paid to the Town Clerk ~monthly
in advance of the first day of each month. 'Upon failure to make any such
payment, the Town shall have the right to proceed by civil action to
collect such user fees. Failure to make any such payment after,written
notice thereof has been given to the owner or lessee shall subject such
owner or lessee to the penalty provision of such law.
Section 6. Suspension or Revocation of Licenses.
A license issued under this .law may be suspended or revoked by the
licensing authority after notice and hearing by the licensing authority for
the violation of any of the provisions of this local law or any regulations
or regulations promulgated by the licensing authority pursuant to this local
law, and any license or identification card issued hereunder shall be
surrendered immediately to the licensing authority upon such suspension or
revocation. No part of a license fee shall be refunded when a license is'
suspended or revoked. Any applicant whose application for a license or
permit has been denied or any business license, alarm agent, owner or
lessee whose license has been suspended or revoked by the licensing
authority may appeal such denial, suspension or revocation in
the Town Board at a time and place to be determined by the Town
in support of his or its contention that the license should not haw
denied, susoended or revoked.
MAY 19, 1987
127
Section 7. Records.
Every business, firm, corporation or other commerdal entity
conducting the business of owning, operating, installing, leasing or selling
fire or police alarm devices within the Town of South01d shall maintain
complete and accurate records of rail in~taltatiohs of alarm systems in the
Town of Southold and shall provide such records on a monthly basis for
the licensing authority.
Section 8. General- Provisions.
Restrici~ionS: No fire or police alarm device shall be connected directly
to the.Town of Southold police headquarters or any Fire Department
without the express written consent of the Chief of Police or Board of
Fire commisSiOners, respectiveiy~ · ~
Bm
Direct Alarm System: Any private firm engaged in:,the business of
burglar alarms or fire alarms and licensed by the Town of Southold
will' operate a facility which is' manned by a trained operator who
receives, records and validates alarm signals and relays information
about such validated signals to the Southold Town Police Department
or Fire Departments on a special' telephone number set aside fo~'the
express purpose of receiving such information. All central station
alarm facilities shall have the capability to electronically supervise all
alarm systems so that a trouble signal is 'indicated should there be a
fauFt with any alarm system. The operator of any central alarm
company which calls police headquarters or the Fire Department to
report an active alarm will identify himself or herself by name ai~d the
name of the company and will provide accurate directions to the
protected premises at which the ,alarm is sounding. The central alarm
company, shall further provide the name of the caretaker who is
responsible for resetting an activated alarm if'the property owner or
lessee of the property is away. In the event that the caretaker is
unavailable, the alarm company shall be responsible for resetting an
activated alarm.
Audible Alarm Device: Any property owner or lessee of property in
the Town of Southold shall~ prior to the installation of an audible
signal designed to notify persons within' the audible range of the
,~jgnal, obtain a permit for same. Any such alarm device which
operates on house current must be equipped with a stand-by battery
power supply sufficient for at least twenty-four (24) hours. Any such
alarm device wilt incorporate a device whereby the system will
automatically shut-off and/or reset the audible alarm after the alarm
has ~ounded for .a maximum period of thirty (30)' minutes. All
property owners or lessees having such alarm devices on their
premises shall further be required to provide the Police Department
and Fire Department with the name of a person who can respond to
the premises within a reasonable time. Said person shall have the
capability of securing or, in the case of fire, opening up said
premises for inspection' by the Fire Department. Every such audible
alarm device must be equipped with a switch to silence the audible
alarm.
--- D. Intentional False Alarm: It shall be a violation of this local law to
intentionally cause a false I~old-up alarm, and any person who does
.... intentionally cause a false hold-up alarm shall be subject to the
penalty provisions hereof.
E. Char~)es for False Emer~lency Alarms:
Any owner or lessee of property having a fire or police alarm
device or system of fire or police alarm devices on his or its
premises on the effective date of this local law, and any user of
services or equipment furnished by a licensee under this local
law shall pay to the Town of Southold a charge for each and
every false emergency alarm to which the Police or Fire
Departments respond, in' each calendar year as follows:
(al First and second false emergency alarm each calendar
year: No Charge.
{b) Third and all subsequent false emergency alarms each
calendar year: One Hundred ($100'.00) Dollars.
The above charges shall be paid' to the Town. Clerk of the Town
of Southold. Failure to pay any such charges shall sul
owner, lessee or user to the penalty provisions of
Section 9.
A.
F. Rules, Regulations and Enforcement: The licensing authoP~ty shall
promulgate rules~ regulations and standards which shall be approved
by the Town Board that may be necessary for the purpose of
assuring the quality, effici'ency and effectiveness of fire or police
alarm devices and alarm installations owned, operated, maintained,
installed, leased or sold by a licensee under this' local law, and to
facilitate the administration of' this local law. The licensing authority
shall administer and enforce-the provisions of this local law. The
aforesaid rules, regulations and standards shall be set forth in
writing and copies shall be available for applicants.
Special Provisions.
CENTRAL ALARM STATIONS SYSTEMS: The licensing authority is
hereby authorized to prescribe the locations and the manner of
installation of regular business telephone lines into police
headquarters from a central alarm station for the express purpose of
providing direct telephone communication between the central alarm
station and police headquarters for use in reporting alarms.
B. EXCEPTIONS: None of the provisions of this local law shall apply to a
fire or police alarm device or devices installed in a motor vehicle or
trailer.
C. SEVERABILITY: If any part or parts of this local law are for any
reason 'held to be invalid, such decision shall not affect the validity
of the remain, nc portions of this local law. The Town Board herebY
declares that it would have passed the local law enacting this local
law and each section, subsection, sentence, z:lause and phrase
thereof, irrespective of the fact that any one (1) or more sections,
subsections, sentences, clauses or phrases might be declared invalid.
Section 10. Penalties for Offenses: Any person, firm or corporation who does not
pay any charge, or fee established in this local laW or who violates
any provision of this local law shall be subject to a fine not in excess
o~ Two-hundred Fifty ($250;00) Dollars for each offense. A separate
.... offense shall be deemed committed upon each day during which a
violation occurs or is committed and such violation may constitute
disorderly conduct.
I1.' This Local Law shall become effective upon its filing with the Secretary of
State of t~he State of New York.
38.-Vote of the Tow-n Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 39(a) we"re going to declare a lead agency on
the proposed "Local Law to establish a Landmark Preservation Commission and to
prescribe its duties."
39. Moved by SuperviSOr Murphy, seconded by Councilman Schondebare, it was
(a) RESOLVED that the Town Board of the Town of Southold hereby declares itself
lead agency in regard to the State Environmental Quality Review Act in the matter
,of a proposed Local Law entitled, "A Local Law to establish a Landmark Preservation
Commissioner and to prescribe its duties."
39.-Vote of the Town Board: Ayes: Councilman Penny, CouncilWoman Cochran, C~uncil-
(a) man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number :39(b) is to transmit 'this proposed "Landrfi~rk
Preservation Law" to the Suffolk County Planning Commission and 6ur Town Planning
Board for comments.
39. Moved by Councilwoman Cochran, seconded by Councilman Schondebare,
(b) .WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local Law entitled~ "A Local Law to establish a Landmark Preservation
Commi-ssion and to prescribe its duties," 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 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:
LOCAL LAW NO. - 1987
A Local Law to establish a 'Landmark
Preservation Commission and to prescribe its duties
MAY 19, 1987
BE IT ENACTED by the Town Board of the Town of Southold as follows
I29
I.' Chapter 56 of the Code of the Town of Southold, designated ~Landmark Preservati~
and originally adopted by the Town Board Of the Town of Southold on January
18, 1983, as Local Law No. 1 of 1983, is hereby repealed.in'its entirely and the
following Landmark Preservation Law, to be known as Chapter 56 of the Code of
the Town of Southold, be and hereby is 'enacted in'its place and stead:
Section 56=1. Short' Title
This~ chapt'er shall be known and may be cited as the "Landmark
Preservation Law of Southold Town".
Section 56-2. Declaration of Purpose and. Policy
The Town Board finds there exists in: the Town of Southold structures,
buildings and sites of historic or architectural significance, antiquity,
uniqueness of exterior design or construction, which should be conserved,
protected and pres~erved to preserve the architectural character of Southold
Town, contribute to the ae~thetic~value of the To~-r~, and promote~he general
good, welfare, health and safety of the Town and its residents. Therefore, il'is
the purpose and policy of this chapter to establish a Landmark Preservation
Commission and the procedures which it'can follow to assist Southold~Town
owners of buildings, structures and sites in' order to conserve, protect and
preserve such structures, buildings and sites thereby preserving the unique
character of Southold Town which will' substantially improve property/ and
commercial values in the Town and make its hamlets even better places in'which
to live.
Section 56-3. Definitions
As used in' this Chapter, the following terms shall ~have the meanings
indi cared:
COMMISSION -~'The Landmark Preservation Commission established ~ursuant to
this'Chapter.
EXTERIOR ARCHITECTURAL FEATURES The architectural style, de~iqn,
general arr~angement and components of all of the outer surfaces of any building
or structure.
HISTORICAL SIGNIFICANCE The quality of a building, structure or site
based upon its identification with historic persons or events in' the Town of
Southold.
ARCHITECTURAL SIGNIFICANCE - The quality of a building or structure based
on its 'date of erection, style and scarCity of same, quality of design~ present
condition and appearance or other characteristics that embody the distinctive
characteristics of a type, period or method of construction.
LANDMARK - Any structure, building or site which has historical or
architectural signi finance.
LANDMARK DESIGNATION - The designation of a Landmark pursuant to the
provisions of this Chapter.
STRUCTURE - Any assembly of materials, forming a construction framed of
component structural parts for~ccupancy or use, including buildings.
Section 56-4. Landmark Preservation Commission '
There is hereby created a Landmark Preservation Commission which shall
consist of a minimum of five (5) .members to be appointed by the Town
Board, to serve without compensation. These members shall consist of the
following, to the extent available in the community: an architect
engineer; an historian; a licensed real estate broker; an attorney; a
resident of an historic' dis1~rict; a resident who has demonstrated
significant interest in and commitment to the field of historic preservation
evidenced either by involvement in a local historic preservation group,
employment or volunteer activity in' the field of his[oric preservation, or
other serious interest in the field. All members shall have a known interest
in historic preservation and architectural development within~ the Town of
Southold. ~
MAY t9, t987
B. The term of office of'each member appointed to said' COmmission 'shall be
- two [2) years, provided, however, that of those members first appointed,
three (3) shall be appointed 'for one (1) year, and two (2) shall be
appointed 'for two (2) years. If'a vacancy occurs other than by expiration
of a term, it 'shall J~e filled by the Town Board by appointment to the
unexpired term.
Meetings of the Commis§ion shall be open to the public~ ..Meetings of the
CommisSion shall be held monthly at such times as the CommiSSion may
determine, or .at the call of the Chairman, or at the request of two
members. A majority of the authorized members of the Commission shall
constitute a quorum for the transaction of business. The Commission shall
keep written minutes of its-meetings, showing the vote of each, member
upo.n all questions voted upon, ~nd.such minutes, together with all records
of the CommisSion shall be promi~tly filed with the Town Clerk.
. .D. The Commission shall recommend from its members, for Town Board
.' approval, a' Chairman who shall: serve for a term of one year', or until his:
successor is appointed.
E. The Commission may incur such expenses in the performance of its duties
as may be authorized and appropr!ated by the Town Board.
Section 56-5. Duties of the Commission
The duties of the Commission shall include:
-A; Employment with Town Board approval of staff and professional c~-n~su{tants
as necessary to carry out the duties of the Commission.
Be
Promulgation', with Town Board approval,
necessary for the conduct of its business.
of rules and regulations as
C. Adoption of certain criteria for the identification of significant historic,
architectural, and cultural landmarks.
D. Conduct of sur~Veys of significant historic, architectural, and ~cultural
landmarks within: the Town.
Desigr~ation of identified buildings, structures and sites as landmarks.
-Acceptance, with Town Board approval, of the donation of facade
easements and development rights; the making of recommendations to the
Town government concerning the acquisition of facade easements or other
interests_., in' real property as necessary to carry out the purposes of this
act.
Increasing public awareness
architectural preservation by
education programs. -
of the Value of historic, cultural and
developing and. participating in public
H. Making recommendations to the Town government concerning the utilization
of state, federal or private funds to promote the preservation within the
Town.
Recommending acquisition of a landmark structure by the Town government
where its preservation is'essentia! to the purposes of this act and where
private preservation is n~t feasible.
Approval or disapproval of applications for Certifi~:ates of Appropriatness
pu:rsuan[ to this act.
Section 56-6. Landmark Designation
A. The commission may designate an individual property as landmark if'it:
Possesses special character or historic'or aesthetic'interest or value
as part of the cultural, political, economic or social history of the
locality, region, state or nation; or
Is identified with historic personages; or
3. Embodies the distinguishing characteristics of an architectural style;
or
Is the contribution of a designer whose creation has si§~lil
influenced an age; or
MAY 19, 1987
5. Represents an esta~lisne~ aha ~am~,ar visual feature of this
neighborhood, becaUse of a unique location or singular physical
characteristic.
The Commission may designate a group of properties an historic district if
it:
contains properties which meet one or more of the criteria for
designation of a landmark; and
2e
by reason of possessing such qualities, it constitutes a distinct
section of Town.
The"'bo~indaries of 'each' historic: district desi'gnate~J~henc~"f0rth shail be
specified in' detail and shall be filed, in writing, in' the Town Clerk's
Office for public information. The Town Clerk shall forward reports to the
Planning Board, the Building Department and the Zoning Board of
Appeals.
C. Notice of a proposed designation shall be sent by registered mail to the
owner of the property proposed for designation, describing the property
proposed and announcing a public hearing by the Commissioner to consider
the designation. Where the proposed designation involves so many owners
that individual notice is' not feasible, notice may instead be published at
least once in a newspaper of general circulation and at least thirty {30)
days prior to the date of the public hearing. After the Commission has
issued notice of a proposed designation, no building or demolition permits
shall be issued by the building inspector until 'the Commission has made its
decision.
D. The Commission shall hold a public~ hearing priob to designation or any
landmark. The Commission, owners and any interested ~oarties may present
testimony or documentary evidence at the hearing whi,ch will' become part
of a record regarding the historic, architectural, or cultural importance of
the proposed landmark. The hearing record may also contain staff reports,
public comments, or other evidence. Staff reports will be made available to
the public~ A decision shall be rendered within thirty (30) days after the
close of the hearing.
E. The designation of property, as a Designated Landmark, pursuant to the
provisions of the' Chapter shall not become effective until such property is
entered in' Register. of Designated Landmarks and filed with the Town
Clerk. The Town Clerk shall forward reports to the Planning Board, the
Building Department and the Zoning Board of Appeals.
Section 56-7. 'Review of- Alterations, Demolition or New Construction Affecting
Landmarks or Hisl~oric Districts
A. CertifiCate of Appropriateness - No person shall carry out any exterior
alteration, restoration, reconstruction, demolition, new construction or
moving of landmark, nor shall any person make any material changes in its
appearance, its light fixtures, signs, sidewalks, fences, steps, paving or
other exterior elements visi'ble from a public street or alley which affect
- the appearance' and cohesiveness of the landmark, without first obtaining a
Certificate of Appropriateness from the Landmark Preservation Commission.
Bo
Criteria for Approval of a CertifiCate of Appropriateness
1.
In passing upon an application for a CertifiCate of Appropriateness,
the Landmark Preservation Commission shall not consider changes to
interior spaces, unless they are open to the public; or to
architectural features that are not visible from a public street or
alley.
The Commission's decisi'on shall be based upon the following
principles:
Properties which contribute to the character of the landmark
shall be retained, with their historic features altered as little as
possible;
(b). Any alterations of an existing landmark shall be compatible with
its historic character; and
131
(c). New construction on the property shall be compatible with the ·
other features of the landmark.
. MAY 19, 1§87
in applying the principle of compatibility, the Commission shall
consider the following factors:
[a). The general design, character and appropriateness to the
property of the proposed alteration or new construction.
[b). The scale of proposed alteration or new construction in relation
tO the property itself.
lc). Texture,- materials, and color and their relation to similar
features of other properties in'the neighborhood.
Visual compatibility wit~ surrounding properties, i. nb!~ding
prbportion of the p~0perty's front facade, propOrtic~n- and
arrangement of windows and the rhythm c' spacing of other
properties on the Street, including setback.
[e). The importance of his[oric, architectural or other features to the
significance of the property.
C. Certificate of Appropria[eness Application Procedure
1. Prior' to the commencement of any work requiri'ng Certificate of
Appropriateness the owner shall file an application for such a
Certificate with the Landmark Preservation CommisSion~ The
application shall contain:
(a). Name,. address and telephone_number of applicant.
(b). Location of property.
lc). Elevati~'~ drawings of proposed changes, if'av~'ailable.
(d). Perspective drawings, including relationship to
properties i f'available.
adjacent
(e). Any other information which the Commission may deem necessary
in order to visualize' the proposed work.
No building permit shall be issued for such proposed work until
a Certificate of Appropriateness has first been issued by the
Landmark Preservation Commission. The Certi fixate of
Appropriateness required by this'act shall be in addition to and
not in lieu of any building permit that may be required by any
other ordinance of the Town of $outhold.
The Commission shall approve, deny, approve the permit with
modifications or schedule a hearing within ten (10) working days
from receipt of the completed application. The Commission may
hold a public: hearing on the application at which an opportunity
Will be provided for proponents and opponents of the application
to present thei r.'views.
A'II decisions of the Commission shall be in:writing. A copy shall
be sent to the applicant by regis[ered mail and a copy filed with
the Town Clerk's Office for public inspection. The Commission's
decision shall ~tate the reasons for denying or modifying any
application.
D. Hardship Criteria
An applicant whose Certificate of Appropriateness has been denied may
apply for relief from the Landmark Designation on the grounds that
designation is working a hardship upon himself. In order to prove the
existence of hardship, the applicant shall establish that:
1. The property is 'incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible;
2. The property cannot be adapted for any other use, whether by the
current owner or by a purchaser, which would resUlt in a reasonable
return; and
3. Efforts to find a purchaser interested in acquiring the property and
preserving it have failed; or
MAY 19, 1987
4° Maintenance of the property as a private residence,
una ffordable.
13,3
becomes
E. Hardship Application Procedure
1. After receiving written notifi~:ation from the Commission of the'denial
of a CertifiCate of Appropriateness, an applicant may commence the
hardship process. No building permit or demolition permit shall be
issued unless the Commission makes a finding that a hardship exists.
2. The Commission shall hold a public' hearing on the hardship
application at which an opportunity will be provided for proponents
and opponents of the application to present their views.
3. The applicant shall consult in' good faith with the Commission, local
preservation groups and in[er,steal parties in a diligent effort to seek
an alternative that will result in preservation of the property.
4. All decisions of the Commission shall be in writing. A copy 'shall be
sent to the applicant by registered mail and a copy filed with the
Town Clerk's Office for public inspection. The Commission's decision
shall state the reason for granting or denying the hardship
application.
F. Enforcement
All work performed .pursuant to a Certificate of Appropriateness issued
under this ordinance shall conform to any requirements including therein;
It shall be the duty of the Building I.nspector Io' inspect periodically any
such work to assure compliance. In the event work is found that is not
being performed in accordance with the Certificate of Appropriateness, or
upon notification of such fact by the Landmark preservation Commission,
the Building Inspector S'hall issue a stop work order and all work shall
immediately cease. No further work shall be undertaken on the project as
long as a stop work o~der is 'in effect.
Maintenance and Repair Required
Nothirt~j in this ordinance shall I~e construed to prevent the ordinary
maintenance and repair of any exterior architectural feature of a landmark
or property which does not include a change in design or outward
appearance.
No owner or person with an interest in real prope~y designated as a
landmark or included within a historic'district shall permit the property to
fall into a serious disrepair so as to result in' the deterioration of any
exterior architectural feature which would, in the judgment of the
Landmark Preservation Commission, produce a detrimental effect upon the
character of the property itself.
Examples of such deterioration include:
1. Deterioration of exterior walls or other vertical supports.
2. Deterioration of roofs or other horizontal members.
3. Deterioration of exterior chimneys.
4. Deterioration or crumbling of exterior stucco or mortar.
Se
Ineffective waterproofing of exterior walls, roofs, or foundations,
including broken windows or doors.
Deterioration of any feature so as to create a hazardous condition
which could lead to the claim that demolition is necessary for the
public safety.
H. Violations_
Failure to comply with any of the provisions of this ordinance shall be
deemed a violation and the violator shall be liable to a fine of not less
than __ nor more than for each day the violation
continues.
4
MAY ~9, 1987
person who demolishes, alters, constructs or permits a
designated property to fall into a serious state of disrepair in
violation of this ordinance shall be required to restore the property
and its site to its appearance prior to the violation. Any action to
enforce this subsection shall be brought by the Town Attorney. This
civil'remedy shall be in' addition to and not in lieu of any criminal
prosecution and penalty.
Appeals
Any person .aggrieved by a decisi'on of~ the Landmark Preservation
Commission relating to hardship or a Certificate of Appropriateness may,
within fifteen [15) days of the dec sion, file a written application with the
Town Board for review of the decision. 'i-he'T0wn Board may confirm,
' . reject, or modify the decision.
-."' Section 56-:8. Termination of Landmark Designation
Whenever a designated landmark is destroyed or its exterior is altered to such
an extent that it ceases to have architectural significance, the Commission re. ay,
:' by resolution, direct that it' be removed from the Register of Designated
Landmarks. Prior to taking such' action, however, the owner shall be given
notice of such proposed action, and shall be given an opportunity to
r before the Town Board and be heard thereon.
Section 56~9. Severabi lity
/
Each of the foregoing Provisions of 'this chapter has been adopted i'n an
endeavor to preserve and extend the public: welfare by preserving the
chacteristics of historic and /or architectUrally significant structures or sites. In
the event that any portion of this chapter shall be determined invalid, such
determination shall not affect or result in the invalidity of:any other provision
contained in this'cb.apter.
II. This .Lo_~:.a_! ~aw__sh_all take.e_ffect U.P_On its ~fil!n_g with the Secretary of State.
39.-..Vote of the Town Board: Ayes: Councilman Penny, Councilwornar, Cochran, Cc~ci-i~
(b) man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This '.resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 40 wilF'l~ to set a public:hearing at 8:20 on Tuesday,
June 2nd, on a proposed "Local Law in relation to Flood Damage PPevention." I
offer that resolution.
40. Moved by Councilv~oman Cochran, 'seconded by Councilman Schondebare,
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 Flood Dama.cje Prevention,"
now, therefore, be it
RESOLVED that the Town Board hereby sets 8:20 P.M., Tuesday, June 2, 1987,-
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:
LOCAL LAW NO. -:1987
A Local Law in: relation to Flood Damage Prevention'
BE IT' ENACTED by the Town Board of the Town of Southold, as follows:
Chapter 46 of the Town Code of the Town of Southold, designated
Floodplain' Management and originally adopted by the Town Board of the
Town of Southold on March 11, :1980 as Local Law No. 1 of '1980, is'hereby
repealed in its entirety and the following Flood Damage Prevention Law, to
be known as Chapter 46 of the Code of the Town of Southol~t, be and
hereby is enacted in:its place and stead:
SECTION 1.0
STATUTORY AUTHORIZATION AND PURPOSE
1.1 FINDINGS
The Town Board of the Town of Southold, Suffolk County, New York
finds that the potential and/or actual damages from flooding and erosion
may be a problem to the residents of the Town of Southold and that such
damages may include: destruction or loss of private and public' hoUsing,
damage to public'facilities, both publically and privately owned, and linjury
to and loss of human life. In orc~er to minimize the threat of such damages
and to achieve the purposes and objectives hereinafter set forth, thiS'lo~sal
law is adopted. ..
MAY 19, 1987
1.2
13'5
It is the purpose of this local law to promote the public health,
safety, and general welfare, and to minimize public'and private losses due
to flood conditions in specific areas by provisions designed to:
(1)
regulate uses which are dangerous to health, safety and
property due to water or erosion hazawds, or which result in
damaging increases in'erosion or in flood heights or velodties;
(2)
require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time
_.of inLtjal construction; ....
control the alteration of natural floodplains, stream chanoels,
and natural protective barriers which are involved in the
accommodation of flood waters;
(4) control filling, grading, dredging and other development which
may increase erosion or flood damages;
regulate the construction of flood barriers which will' unnaturally
divert flood waters or which may increase flood hazards to other
lands, and;
(6) 'qualifY 'and maintain
Insurance Program.
1.3 OBJECTIVES
for participation
in the National Flood
The objectives of this local law are:
(1] to prot'ect human life and health;
[2)
to' minimize expenditure of public money for costly flood control
projects;
(3) to minimize the need for rescue and relief efforts associates with
flooding and generally undertaken at the expense of the general
public~
(4) to minimize prolonged business interruptions;
(5) to minimize damage to public'facilitieS and utilities such as water
-- and gas mains, electric, telephone, sewer.~lines, streets and
bridges located in areas of special flood hazard;
(6) 'to help maintain a stable tax base by providing for the sound
Use and development of areas of special flood hazard so as to
minimize future flood blight areas;
to provide that developers are notified that property is in' an
area of special flood hazard; and
to ensure that those who occupy the areas of special flood
hazard assume responsibility for their'actions.
SECTION 2.0
DEFINITIONS
Unless specifically defined below, words or phrases used in this local law shall
be interpreted so as to give them the meaning they have in common usage and
to _qive this local law its most reasonable application.
"Appeal" means a request for a review of the Local Administrator's
interpretation of any provision of this Local Law or a request for a variance.
"Area of shallow flooding" means a designated AO or VO Zone on a community's
Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet
where a clearly defined channel does not exist, where the path of flooding is
unpredictable and indeterminate, and where velocity flow may be evident.
"Area of special'flood hazard" is'the land in the floodplain' within a community
subject to a one percent or greater chance of flooding in'any given year. This'
area may be designated as Zone A, AE, AH,' AO, A1-99, V, VO, VE, or V1-30.
It is also commonly referred to as the base floodplain'or 100-year floodplain;
MAY 19, 1987
I1~a
t~ se flood~'' means the flood having 'a one percent chance of being equalled or
exceeded in any given,year.
"Basement" means that portion of a building having its floor subgrade (below
ground level) on all sides.
"13reakaway wall" nieans a wall that is not part of the structural support of the
building and is ~'intended through its design and construction to collaps~e under
specific lateral loathing forces ~ thout causing damage to the elevated portion of
the building or the Supporting foundation system.
"Building" means any structure built for support, shelter, or enclosure for li';i"i~
occupancy- or storage. _ .......................
".Cellar." - has the same meaning as definition of "Basement".
!'Coastal high hazai~d area" means the area subject to high velocity waters
including, but not limited to, hurricane wave wash. The area is designated on a
FIRM as Zone V1-30, VE, VO or ¥.
"Development" means any man-made change to improved or unimproved real
estate, including but .not limited to buildings or other structures, mining,
dredging,-.filling, paving, excavation or drilling operations located within the
area ~f special flood hazard.
"Elevated building" means a non-basement building built' to have the lowest/' floor
· elevated above the ground level by means of fill, solid" foundation perimeter
walls, pilings, columns- (posts and piers), or shear walls.
"Flood" or "Flooding" means a general and temporary condition of partial or
complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters; or
(2) The unusual and rapid accumulation of runoff of surface waters from
any source. .
"Flood Hazard Boundary Map (FHBM)" means an offici'a! map or ~ communzty,
issued by ~he Federal Emergency Management Agency, where the boundaries of
the areas of special flood hazard have been defined but no water surface
elevation is provided.
"Flood Insurance Rate Map (FIRM)" means an offici'al map of a community, on
which the Federal Emergency Management Agency has delineated both the areas
of special flood- hazard and the risk premium zones applicable to the community.
"Flood Insurance Study" is ~ the official report provided by the Federal
Emergency Management Agency. The report contains flood profiles, as well as
the Flood Boundary Floodway Map and the water surface elevations of the base
flood.
"Flood proofing" means any combination of structural and non-structural
additions, changes, or adjustments to structures which reduce or eliminate flood
~-damage' to real estate or improved~ real property, water and sanitary facilities
structures and their contents. ' '
"Floodway" - has the same mean as "Regulatory Floodway".
"Floor" means the top surface of an enclosed area in a building (including
basement), i.e., top of slab in' concrete slab construction or top of wood
flooring in wood frame construction. ~
"Functionally dependent use" means a use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water, such as
a docking or port facility necessary for the loading and unloading of calrgo or
passengers, shipbuilding, and ship repair; The term does not include Ion~--term
storage, manufacture, sales, or service facilities.
"Highest adjacent grade" means the highest natural elevation of the ground
surface, prior to construction, next to the proposed walls of a structure.
"Lowest Floor" means lowest level including basement or cellar of the lowest
enclosed area. An unfinished or flood resistant enclosure, usable
parking of vehicles, building access, or storage in an area other
basement is not considered a building's lowest floor; provided~ that~ such
enclosure is not built so as to render the structure in violation '~
applicable non-elevation design requirements of this Local Law;
MAY 19, 1987
13'7
"Manufactured home" means a st~'ucture, transportable in one or more sections,
which is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. The term also
includes park trailers, travel trailers, and similar transportable s'tructures
placed on a site for 180 consecutive days or longer .and intended to be improved
property.
"Mean Sea Level" means, for purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which
base flood elevations shown on a community's Flood Insurance Rate Map are
referenced.
"Mobile home"_ - has the same meaning as "Manufactured home".
?'National Geodetic' Vertical Datum (NGVD)" as corrected in' 1929 is a vertical
control used as a reference for establishing varying elevations within' the flood
plain.
"New construction" means structures for which the "start of construction"
commenced on or after the effective date of this Local Law.
"Principally Above Ground" means that at least 51 percent of the actual cash
value, exclUding land value, is above ground.
"100-year Flood" - has the same meaning as "Base Flood".
"Regulatory Floodway" m.e~n.s the channel of a river or other watercourse and
~he adjacent land areas Ln~ must be reserved in order 'to discharge the base
flood without cumulatively in~:reasing the water surface elevation more than a
designated height as determined by the Federal Emergency Management Agency
ina Flood Insurance Study.
"Sand dunes" means naturally occurring accumulations of sand in ridges or
mounds landward of the beach.
"Start of Construction" means the initiation, excluding planning and design, of
any phase of a project, physical alteration of the property, and shall include
land preparation, such as clearing, grading, and filling; installation of streets
and/or wall~,ways; excavation for a basement,- footings, piers, or foundations or
the erection of temporary forms. It also includes the placement and/or
installation on the property of accessory buildings (garages, sheds), storage
trailers, and building materials. For manufactured homes the "actual start"
means affixing of the manufactured home to its permanent site.
"Structure" means a walled and roofed building, a manufactuJ-ed home, or a gas
or liquid storage tank, that is'principally above ground.
"Substantial improvement" means any repair, reconstruction, or improvement of
a structure, the cost of which equals or exceeds 50 percent of the market value
of the structure either:
(1) before the improvement or repair is started; or
[2) if the structure has been damaged and is being restored, before the
damage occu r~red.
For the purpose of this definition "substantial improvement" is considered
to commence when the first alteration of any wail, ceiling, floor or other
structural part of the building commences, whether or not that alteration affects
the external dimensions of the structure. The term does not;- however, include
either:
(1)
~2)
any project for improvement of a structure to comply with existing
state or local building, fire, health, sanitary, or safety code
specifications which are solely necessary to assure safe living
conditions; or
any alteration of a structure or contributing structure listed on the
National Register of Historic Places or a State Inventory of Historic
Places.
"Variance" means a grant of relief from the requirements of this local law which
permits construction or use in a manner that would otherwise be prohibited by
this local law.
MAY 19, 1987
SECTION 3.0
GENERAL PROVISIONS
3.1.. LANDS TO WHICH THIS LOCAL LAW APPLIES
This local law shall apply to all areas of special flood hazardsw'~th~n" the
jurisdiction of the Town of Southold.
3.2 BASIS FOR ESTABLISHING THE AREAS O SPECIAL FLOOD HAZARD
The areas of 'special flood hazard identified by the Federal Emergency
FM,ana,ge,ment Agenc_y in a scientific and engineering report entitled "The
,ooa ~nsurance~ Study for the Town o'f Southold. Suffolk. County.. New
-York". da'ted-Septeml~e~. 1975, with acco~pa~ing Floe~l' I~surance Rate
Maps and Flood Boundary-Floodway Maps is hereby .adopted and declared
to be 'a I~art of this Local Law. The Flood Insurance Study and map is on
file at the office of the Clerk of the Town of Southold.
3.3
INTERPRETATION, CONFLICT WITH OTHER LAWS
This Local Law is' adopted in' response to revisions to the National Flood
Insurance Program effective October 1, 1986 and shall superced, e all
previous laws adopted for the purpose of establishing and maintaining
eligi:bility for flood insurance.
In their interpretation and application, the provisions of this local aw'~sha]l
be held to be minimum requirements, adopted for ~the promotion ~of the
public-health, safety, and welfare. Whenever the requirements of this 'local
law are at variance with the requirem'ents of any other lawfu Iv ~dooted
ules, regulations, or ordinances, the.most restrictive, or that ~mposing
the higher standards, shall govern. ~
3.4 SEVERABILIT.Y
3.5
The invalidity of any section or provision of this local law shall not
invalidate any other section or provision thereof.
PENALTIES FOR NON-COMPLIANCE
No structure shall hereafter be constructed, located, extended, converted,
or altered and no land shall be excavated or filled without full compliance
with the terms of this Local Law and any other applicable "regulations. Any
infraction of the provisi_ons of this Local Law by failure to comply with any
of its requirements, including infractions of conditions and safeguards
established in connection with conditions of the permit, shall constitute a
violation, Any person who ~;i61a~his'Local Law or fails to com~-lY With
any of its requirements shall, upon conviction thereof, be fined no more
than $250 or imprisoned for not more than 15 days or both. Each day of
noncompliance shall be considered a separate offense. Nothing therein
contained shall prevent the Town of Southold from 'taking such other lawful
action as necessary to prevent or remedy an infraction. Any structure
found not compliant with the requirements of this Local Law for which the
developer and/or owner has not applied for and received an approved
variance under Section 6.0 will be 'declared noncompliant and notification
sent to the Federal Emergency Management Agency.
3.6 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this local law is' considered
reasonable for regulatory purposes and is based on scientific' and
engineering considerations. Larger... floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes.
This local law does not imply that land outside the area of special flood
hazards or oses permitted within such areas will be free from flooding or
flood damage. This local law shall not create liability on the part of the
Town of Southold., any officer or employee thereof, or the Federal
Emergency Management Agency, for any flood damages that result from
reliance on this local law or any administrative decision lawfullyl made
hereunder.
MAY 19, 1987
139
SECTION 4.0
ADMINISTRATION
4.1 DESIGNATION OF THE LOCAL ADMINISTRATOR '-
The Building Inspector is hereby appointed Local Administra[or to
administer and implement this'local law by granting or denying development
permit application, s in accordance with its provisions.
4.2 ESTABLISHMENT OF. DEVELOPMENT PERMIT
A Development Permit shall be obtained before the start of construction or i~;~.
any other development within the .area of special flood hazard as
established in Section 3.2. Application for a Developn~ent Permit shall be
made on forms furnished by the Local Administrator and may include, but
not be limited to: plans, in duplicate, drawn to scale and showin9 the
nature, location, dimensions, and elevations of the area in question;
existing or proposed structures, fill, storage of materials, drainage
facilities, and the location of the foregoing.
4.2-! APPLICATION STAGE
4.2-2
The following information is required where applicable;
(a) elevation in relation to mean sea level Of the proposed
lowest floor (including basement or cellar) of all structures;
(b) elevation in relation to mean sea level to which any
non-residential structure, will be flood-proofed;
when required a certifiCate from a licensed professional
engineer or architect that the utility flo_odproofing will meet
the criteria in Section 5.1-3(1);
(d)
certificate from a licensed professional engineer or architect
that the non-residential flood-proofed structure will meet
the flood-proofing criteria in:Section 5.2-2; and
(e) description of the extent to which any watercourse will be
altered or relocated as a result of proposed development.
CONSTRUCTION STAGE
Upon placement of,,:the lowest floor, or flood-proofing by
~_whatever means, or upon placement of the horizontal structural
members of the lowest floor, whichever is applicable, it shall be
the duty of the permit holder to submit' to the Local
Administrator a certificate of the elevation of the lowest floor,
flood-proofed elevation, or the elevation of the lowest portion of
the horizontal structural members of the..Iowest floor, whi.cl~ever is
applicable, as built, in relation to mean sea level. The elevation
certificate shall be prepared by or under the direct supervision
of a licensed land surveyor or professional engineer and certified
-by same. When flood-proofing is utilized for a particular
_building, the flood-proofing certificate shall be prepared by or
under the direct supervision of a licensed professional engineer
or architect and certified by same. Any further work undertaken
prior to submission and approval of the certification shall be at
the permit 'holder's risk. The Local Administrator shall review all
data submitted. Deficiencies detected shall be cause to issue a
stop-work order for the project unless immediately corrected.
4.3 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR
Duties of the Local Administrator shall include, but not be limited to:
4.3-1 PERMIT APPLICATION REVIEW
(2)
Review all development permit applications to determine that
the requirements of this local law have been satisfied.
Review all development permit-applicatiOns to determine that
all necessary permits have been obtained from those
Federal, State or local governmental agencies from which
prior approval is required.
MAY 19, 1987
3=2
4.3-3
4.3-4
4.3-5
(3) .Review ali development permit applications to determine if'
the proposed development adversely - affects the flood
carrying capacity of the area of special flood hazard. For
the purposes of' this local law, "adversely affects" means
damage to adjacent properties .because of- rises in flood
stages attributed to physical changes of the channel and
the adjacent overbank areas. An engineering study may be
r~quired of the applicant for this purpose.
(i) If there is no adverse effect, then the permit shall be
granted consistent with the provisions of this local
law.
(ii)' If- there is an adverse effect, then flood damage
mitigation measures shall be made a condition of the
permit.
(4) Review all development permits for compliance with the
provisions of Section 5.1-5, Encroachments.
USE OF OTHER BASE FLOOD DATA
When base flood elevation data has not been provided in
accordance with Section 3.2, BASISTM FOR ESTABLISHING THE
AREAS OF SPECIAL FLOOD HAZARD, the Local Admini,strator
shall obtain~ review and reasonably utilize any base ~flood
elevation data available from a Federal, State or other sobrce,
including data developed pu~-suant to Section 5.1-4(4) in order
to administer Section 5.2, SPECIFIC' STANDARDS.
INFORMATION TO BE OBTAINED AND MAINTAINED
Obtain' and record the actual elevation, in relation to. mean
sea level, of the loWest floor, including basement or cellar
of all new or substantially improved structures., and
whether or not the structure contains a basement or Cellar.
(2) For all new or substantially improved, flood-proofed
structures:
obtain and record the actual elevation, in relation to
mean sea level, to which the structure has been
flood-proofed; and
(ii)" maintain' the flood-proofing certifications required in
Sections 5.1 and 5.2.
(3)
In coastal high hazard areas, certification shall be obtained
from a registered professional engineer or architect that the
provisions of Section 5.3-2(3) are met.
[4)
Maintain'for public:inspection all records pertaining to the
provisions of this-local law including variances when
granted and CertifiCates of Compliance.
ALTERATION OF WATERCOURSES
(1) ,Notify adjacent communities and the New York k State
Department of Environmental' Conservation . prior to any
alteration or relocation of a watercourse, and submit
evidence of such notification to the Regional Director,
Federal Emergency Management Agency, Region II,- 26
Federal Plaza, New York, NY 10278.
(2)
Require that maintenance is provided within the altered or
relocated portion of said watercourse so that the flood
carrying capacity is :not diminished.
INTERPRETATION OF FIRM BOUNDARIES
The Local Adminisl~rator shall have the authority to make
interpretations when there appears to be a conflict between the
limits of the federally identified area of special-flood hazard and
actual field conditions. ..:
Base fl~sct~i: -elevation ~ e~ta~btishei~l :pursuant to Section 3.2
and/or Section 4.3-2, when 8Vailable, shall be used to accurately
delineate the area of special flo0d hazards.
The L6cal Administrator shall use flood information from any
other authoritative source, including historical data, to establish
the limits of the area of special flood hazards when base flood
elevations are not available.
q.3-6
STOP WORK ORDERS
All floodplain development found ongoing without an
approved permit 'shall be subject to the issuance of a stop
work order issued by the Local Adminisl~rator. Disregard of
a stop work order shall be subiect to the penalties
described in Section 3.5 of this Local Law.
(~)
All floodplain~ development found noncompliant with the
provisions of this law and/or the conditions of the approved
p~ermit shall be subject to the issuance of a stop work order
issued by the Local Adminis1~rator. Disregard of a 'stop work
order shall be subiect to the penalties described in Section
3.5 of this Local Law.
4.3-7
INSPECTIONS
The Local Administrator and/or the developer's engineer or
architect shall make periodic inspections at appropriate times
throughout the period of "construction in order to monitor
compliance with permit conditions and enable said inspector to
certify that the development is' in compliance with the
requirements of either the development perniit or the approved
variance.
CERTIFICATE OF COMPLIANCE
It shall be unlawful to use or occupy or'to permit the use
or occupancy of any building or premises, or both, or part
thereof hereafter created, erected, changed, converted or
wholly or partly altered or enlarged in its use or structure
until a Certifii:ate of Compliance has been issued by the
Local Administrator stating that the building or land
conforms to the requirements of this local law.
All other development occurring within: the designated flood
haza'rd area will have upon completion a Certificate of
Compliance issued by the Local Administrator.
All certifii:ations shall be based upon the inspections conducted
subject to Section 4.3-7 and/or any certi fled elevations,
hydraulic information, floodproofing, anchoring requirements or
encroachment analysis which may have been required as a
condition of the approved permit.'
SECTION 5.0
PROVISIONS FOR FLOOD HAZARD REDUCTION
5.1 GENERAL STANDARDS
In all areas of special flood hazards the following standards are required:
5.1=1 ANCHORING
All new construction and substantial improvements shall be
anchored to prevent flotation, collapse, or lateral movement
of the structure.
(2)
All manufactured homes shall be installed using methods and
practices which minimize flood damage. Manufactured homes
must be elevated and anchored to resist flotation, collapse,
1.42'
MAY 19, 1987 ....
or lateral movement. Methods of anchoring may include, but
are not to be limited to, use of over-the-top or frame ties
to ground anchors. This requirement is in' addition to
applicable State and local anchoring requirements for
resisting wind forces.
5.1-2 CONSTRUCTION MATERIALS AND METHODS
All new construction and substantial improvements shall be
constructed with material'sand utility equipment resist, ant to
flood damage.
All new construction and substantial improvements shall be
constructed u~'ing ~nethods a~d'~practices that minimize flood
damage.
5.1-3 UTILITIES
Electrical, heati~ng, ventilation, plumbing, air conditioning
equipment, and other service facilities shall be designed
and/or located so as to prevent water from entering or
accumulating -within the components during conditions of
flooding. When designed for location below the base flood
elevation, a professional engineer's or architect's
certification is required;
(2)
All new and replacement water supply systems Shall be
designed to minimize or eliminate infiltration of flood waters
into the system;
(3)
New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infilti-ation'of flood waters;
and
On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during
flood i rig.
~:~.'1-4 ~ SUBDIVISION PROPOSALS
(1) All subdivisi'on proposals shall be consistent with the need
to minimize flood damage;
(2)
All subdivision prop'osals shall have public utilities and
facilities such as sewer, gas, electrical, and water Systems
located and constructed to minimize' flood damage;
{3) ,All subdivisibn proposals shall have adequate dlrainage
provided to reduce exposure to flood damage; and
Base flood elevation data shall be provided for subdivision
proposals and other proposed developments (inCluding
proposals for manufactured home parks and subdivisions)
greater than either 50 lots or 5 acres.
5.1-5 ENCROACHMENTS
All proposed development in riverine situations where no
flood elevation data is available (unnumbered A Zones) shall
be analyzed to determine the effects on the flood carrying
capacity of the area of special flood hazards set forth in
Section 4.3-1(3), Permit Review. This may require the
submission of additional technical data to assist lin the
determi nation.
5.2 SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation data has
been provided as set-forth in Section 3.2 BASIS FOR ESTABLISHING THE
AREAS OF SPECIAL FLOOD HAZARD AREAS and Section 4.3-2, USE OF
OTHER BASE FLOOD DATA, the fQJlowing standards are required:
MAY 19, 1987
5.2-'1
RESI.DENTIAL CONSTRUCTION
].: 4:3
5.2-2
New construction and substantial improvements of any
residential structure shall:
(1} .have the lowest floor, including basement or cellar, elevated
to or above the base flood elevation;
(2) have fully enclosed areas below the lowest floor that are
subject to flooding' designed to. automatically equalize
hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwaters. Designs for meeting this
requ'_, rement must either be certified by a licensed
professional engineer or architect or meet or exceed the
following minimum criteria:
(i} a minimum of two openings having a total net area of
not less than one square inch for every square foot of
enclosed area subject to flooding;
[ii) the bottom of all such openings shall be no higher
than one foot above the lowest adjacent finished grade;
(iii):'openings may be equipped, wi th louvers, ~valves,
screens or other coverings or devices prov!ded they
permit the automatic entry and exit of floodwaters;
NONRESIDENTIAL CONSTRUCTION
New construction and substantial improvements of any
commercial, industrial" or other non-residential structure,
together with attendant utility and sanitary facilities, shall
either: have the lowest floor, inbluding basement or cellar,
elevated to or above the base flood elevation; or be floodpt-oofed
so that the structure is:watertight below the base flood level
with walls substantially impermeable to the passage of water. All
structural components located below the base flood level must be
capable of resisting hydrostatic' and hydrodynamic' loads-and the
effects of bouyancy.
(1) If the structure is to be elevated, fully enclosed areas
below the base flood elevation shall be designed to
automatically (without human intervention) allow for the
entry and exit 'of floodwaters for the purpose of equalizing
hydrostatic flood forces on exterior walls. Designs for
meeting this requirement must either be certified by a
licensed professional engineer or a licensed architect or
meet the following criteria:
(i)
a minimum of two openings having a total net area of
not less than one square inch for every square foot of
enclosed area subject to flooding;
(ii} the bottom of all such openings shall be no higher
than one foot above the lowest adjacent finished grade;
and
(iii} openings may be equipped with louvers, y.alves,
screens or other coverings or devices provided they
permit 'the automatic entry and exit o-f floodwaters.
(2) If the structure is to be floodproofed:
a licensed professional engineer or architect shall
develop and/or review structural design,
specifiizations, and plans for the construction, and
shall certify that the design and methods of
construction are in accordance with accepted standards
of practice to make the structure watertight with walls
substantially impermeable to the passage of water, with
structura I corn ponents having the capability of
resisting hydrostatic and hydrodynamic loads and
effects of bouyancy; and
MAY 19f 1987
(iii:~ a licensed professional engineer or licensed land
surveyor shall certify the specific'elevation (in relation
to mean sea level to which the structure is
flood p roo fed. ~.
.The Local Administrator shall maintain on record a cQpy of
all such certificates noted in this section.
5.2-3
CONSTRUCTION STANDARDS FOR AREAS OF SPECIAL FLOOD
HAZARDS WITHOUT BASE FLOOD ELEVATIONS
{1)
New construction or substantial improvements of structures
in~sluding mar~ufactured homes shall have the lowest floor
(including basement) elevated at least 2 feet above the
highest adjaCent grade next to the proposed foundation of
the structure.
(2)
Ft)lly enclosed areas below the lowest floor that are isubject
to flooding shall be designed to automatically (iwithout
human intervention) allow for the entry and exit of
floodwaters for the purpose of equalizi'ng hydrostatic~ flood
forces on exterior walls. Designs :for meetin~ this
requirement must either be certified by a licensed
professional engineer or a licensed architect or meet the
following criteria:
(i) a minimum of two openings having a total net larea of
not less than one square inch for every square~. foot of
enclosed area subject to flooding;
(ii) the bottom of all such openings shall be no higher
than one foot above the lowest adja~cent finished~grade;
(iii) openings may be equipped with louvers, ~valves,
screens or other coverings or devices provided they
permit the automatic entry and exit of floodwaters.
5.3 .QO.ASTAL HIGH HAZARD AREA
Coastal high hazard areas (V Zones) are located within'the areas of lspecial
flood hazard established in' Section 3.2.' These areas have special flood
hazards associated with high velocity waters from tidal surges and
hurricane wave wash.; therefore, the following provisions shall apply~
5.3-1 -~LOCATION OF STRUCTURES
5.3-2
All buildings or structures shall be located landward :of the
reach of the mean high tide.
CONSTRUCTION STANDARDS
(1) Elevation Standards
All new construction or substantial' improvements shall be
elevated on pilings, columns (or shear walls) such that the
lowest horizontal structural member supporting the lowest
elevated floor (excluding columns, piles, diagonal bracing
attached to the piles or columns, grade beams, pile caps
and other members designed to either withstand storm
action or break away without imparting damaging loads to
the structure) is elevated to or above the level of the base
flood so as not to impede the flow of water.
(2) Determination of Loading Forces
Structural design shall consider the effects of wind and
water loads aCting simultaneously during the Base Ftood on
all building components. Equations, procedures, and other
guidance for determining and utilizing design values for
these loadings are available in the documents referenced in
Section 13.
MAY 19, 1987
(3)
145
(i)' Water Load~ .
s quate to resist water
forces that wou ccu u i g the Base Flood.
Horizontal water loads considered shall include inertial
and drag forces of' waves, current drag forces, and
impact forces from waterborne storm debris. Dynamic
uplift loads shall also be considered if bulkheads,
walls, or other natural manmade flow obstructions
could cause wave runup beyond the elevation of the
base flood.
(ii) Wind Loads
ia)
Buildings shall be designed and constructed to
resist the forces due to wind pressure. Wind
forces on the superstructure include windward
and leeward forces on vertical walls, uplift on the
roof, internal forces when openings allow wind to
enter the house, and upward force on the
underside of the house when it is exposed, in-~the
design, the wind should be assumed to flow
potentially from any lateral direction relatiYe, to
the house.
(b)
Design wind pressures on a building and it~
components shall be derived from wind velocities
associated With storms with a 100' year mean
recurrence interval. The 100 year design wind
velocity is to' be taken as 95 mph. The design
method to be used is that set forth by the
American National Standards_ Institute, Section
A58.1-1982.
Foundation Standards
(i) The pilings or column foundation and structure
attached thereto shall be adequately anchored to resist
flotation, collapse or lateral movement due to the
effects of wind and high velocity water'loads acting
simultaneously on all building components. Foundations
must be designed to transfer safely to the underlying
soil all loads due to wind, water, dead load, live load
-.. and other loads (including uplift due to wind and
water).
(ii)
[Spread footings and] fill~ material shall not be used
for structural support of a new buildin9 or substantial
improvement of an existing structure.
(4) Pile Foundation Design Standards
(i) Pile Spacing
The design ratio of pile spacing to pile diameter shall
not be less than 8:1 for individual piles; however this
would not apply to pile clusters located below the
design grade. The maximum center-to-center spacing
of wood piles shall not be more than 12 feet on center
under load bearing sills, beams, or gi. rders.
(ii) Pile Embedment
Pilings shall have adequate soil penetration (bearing
capacity) "- to resist the combined wave and wind loads
(lateral and uplift) associated with the Base Flood
acting simultaneously with typical structure (live and
dead) loads, and shall i nclu~-e consideration
decreased resistance capacity caused by erosion of soil
strata surrounding the piles. The minimum penetration
for foundation piles is to an elevation of 5 feet below
mean sea level (msl) datum if' the BFE is +t0 msl or
less, or to at least 10 feet below msl if the BFE is'
greater than +10 msl.
MAY 19, 1987
(iii) Column Action
Pile foundation analysis:shall also include consideration
of piles in column action from the bottom of the
structure to the stable soil 'elevation of t'he site.
Pilings may be horizontally or diagonally braced to
withstand wind and water forces.
(iv) Pile Standards
(b)
The minimum acceptable sizes for timber piles are
a top diameter of 8 inches for round timber piles
and 8 by 8 inches for square timber piles, All
_wood piles must be treated ~in accordance with
requirements of AWPA-C3] to minimize decay and
damage from fungus.
Reinforced concrete piles shall be cast of concrete
having ~a 28-day ultimate compressive strength of
not less than 5,000 pounds per square in~h, and
shall be reinforced with a minimum of four
longitudinal steel bars having a combined area of
not less than 1 percent nor more than 4 percent
of the gross concrete area. Reinforcement for
precast pile's shall have-a concrete cover of not
less than I-1/4 in~zhes for No. 5 bars and 'smaller
and not less than 1-I/2 in~:hes for No. 6 through
No. 11 bars. Reinforcement for piles cast in the
field shall have a concrete cover of not less than
2 inches.
Pile Installation
Piles shall be drived by means of a pile driver or drop
ha_miner, jetted, or augered into place.
(vi) Bracing
{b)
Additional support for piles in the form of
bracing may in~:lude lateral or.. diagonal' bracing
between pi les.
When necessary, piles shall be braced ',at the
ground line in both directions' by a wood timber
grade beam or a reinfoced concrete grade? beam.
"' These at-grade supports should be securely
attached to the piles to provide support even if
scoured from beneath.
(c)
(d)
Diagonal bracing between piles, consistilng of
2-inch by 8-inch (minimum) members bolted to the
piles, shall be limited in' location to below the
lowest supporting structural member and above.
the stable soil ' elevation, and aligned in' the
vertical plane along pile rows perpendicular to the
shoreline, Galvanized steel rods (minimum
diameter 1/2 inch) or cable type bracing is
permitted in: any plane.
Knee braces, which stiffen both the upper portion
of a pile and the beam-to-pile connection, may be
used along pile rows perpendicular and parallel to
the shoreline. Knee braces shall be 2-by-8 lumber
bolted to the sides of the pile/beam, or 4-1~y-4 or
larger braces framed into the pile/beam. Bolting
shall consist of two 5/8-inch galvanized ste~l bolts
(each end) for 2-by-8 members, or one 5tS-inch
lag bolt (each end) for square members. Knee
braces shall not extend more than 3 feet below
the elevation of the base flood.
(5) Column Foundation Design
Masonry piers or poured-in'place concrete piers Shall be
internally reinforced to resist vertical and lateral loads, and
be connected with a moment-resisting connection to a pile
cap or pile shaft.
MAY 19, 1987
(6) · Anchoring Standards
1;47
All buildings and structures must have all components
adequately anchored and continuously connected from the
foundation to the roof, to prevent flotation, collapse, or
permanent lateral movement during the Base Flood
concurrent with the 100 year design wind velocity.
(7]) Connectors and Fasteners
Galvanized' metal connectors, wood connectors, or bolts of
size and number adequate for the calculated loads must be
used to connect adjoining components of a structure. Toe
n'ailfn9~ as a principal n]ethod of connection iS:not permitted.
All metal connectors and fasteners Used in:exposed locations
shall be steel, hot-dipped galvanized after fabrication.
Connectors-in protected interior locations shall be fabricated
from galvanized sheet.
(8) Beam to Pile Connecti0fls
The primary floor beams or girders shall span the supports
in the direction parallel to the flow of pdtential floodwater
and wave action and shall be fastened to the columns or
~ilings by_ bolting, with or without cover plates. Concrete
members shall be ~on'n~-~ted -1~¥ rein-f6rcemen~, ~f-cas~ in
place, or (if' precast) shall be securely connected by
bolting or welding. If'sills, beams, or girders are attar:bed
to wood piling at a notch, a minimum of two (5/8)-inch
galvanized steel bolts or two hot-dipped galvanized straps
3/16 inch by 4 inches by 18 inches each bolted with two 1/2
inch lag bolts per beam member shall be-used. Notching of
pile tops shall be the minimi~m sufficient to provide ledge
support for beam members without unduly weakening pile
connections. Pilii~g shall not be notched so that the cross
section is reduced below 50 percent.
(9]) Use of Space Below 'the Lowest Elevated Floor
(i)' The space, below the lowest floor of all new
construction or any existing building that is being
altered, repaired or improved after the effective date
of this Local Law shall be either kept free of
obstructiofis or constructed with non-supporting
breakaway walls, open wood lattice-work, or insect
screening intended to collapse under wind and water
loads without causing collapse, displacement, or other
structural damage to the elevated portion of the
building or supporting foundation system.
(ii)
The enclosed space below the lowest floor shall be
used only for parking of vehicles, building access or
storage. Use of this space for human habitation is.
expressly prohibited. The construction of stairS,
stairwells and elevator shafts only are subject to the
design requirements for breakaway walls in Section
5.3-2[I0).
(10) Breakaway Wall Design Standards
(i)
A breakaway wall shall have a design safe loading
resistance of not less than 10 and not more than 20
pounds per square foot.
(ii)
Grade beams shall be installed in both directions for
all .piles considered to carry the breakaway wall load.
(Knee braces are required for front row piles that
support breakaway walls.)
(iii) Use of breakaway walls exceeding a design safe
loading resistance of 20 pounds per square foot are
permitted only if a licensed professional engineer or
architect certifies', in writing to the Local
Administrator, that the designs proposed meet the
following conditions:
MAY 19, 1987..
la)
(11) Utilities
breakaway wall collapse shall result from a
water load less than that which would occur
durinq the base flood; and
the elevated portion of the buildin~;~ and
supporting foundation system shall not . be
subject to collapse, displacement, or other
structural damage due to the effects of wind
and water loads acting simultaneously on all
building components. Maximum wind and water
loading values to be used in this determination
shall each have one percent chance of being
equalled or exceeded in any given year
(100-ye.ar mean recurrence intervall.
All machinery and equipment servicing the building must
be elevated to or above the level of the base flood,
including heating, ventilating, and air conditioning
equipment, hot water heaters, appliances, elevator lift
machinery, and electrical junction and circuit'breaker
boxes. Sanitary sewer and storm drainage systems that
have openings below the level of the base flood shall be
provided with'automatic backflow Valves or other automatic
backflow devices that are installed in each discharge line
passing through a building exterior wall.
(12) Certification Requirements
For all new construction and substantial improvements to
residential structures in the Coastal High Hazard' Area,
applications for development permits shal~ be accompanied
by design plans and specifications, prepared in sufficient
detail to enable independent review of the foundation
support and conr~ection components to be used in meeting
Sections 5.3-2(1-11) of this Law. Said plans and
specifii:ations shall be developed or reviewed by a
licensed professional engineer or architect, and shall be
accompanied by a statement, bearing the signature of that
architect or engineer, certifying that the design and
methods of construction to be used are in accordance with
accepted standards of practice and with all applicable
provisions of this Law.
--(13) Reference Documents
Standard reference documents for use with thi~ Law in
determining design wind and water forces on structures
are:
Wind
-- American National Standards Institute, Inc.,
Minimum Design Loads for Buildings and Other
Structures, ANSI A58.1-1982 (New York, 1982).
Water
Waterways Experiment Station, Shore Protection
Manual, two volumes, Department of the Army,
Corps of Engineers, Coastal Engineering
Research Center (1984).
Guidance on the application of information from above
reference documents, together with other design data and
procedures, is provided in:
Federal Emergency Management Agency, Coastal
Construction Manual (Washington, D.C., 1986).
5.3-3
5.3-4
DISTURBANCE OF SAND DUNES
There shall be no alteration of sand dunes which would
increase potential flood damage. Any disturbance of sand
and/or earthen material shall be conducted in strict compli'ance
with State or local Coastal Erosion Hazard Area regulations.
SUBMISSION AND MAINTENANCE OF CONSTRUCTION RECORDS
(1) The applicant for a Development Permit' for all new
construction or substantial improvements ~hall submit in
writing to the Local Administrator the followincl:
MAY 19, 1987
[2)
14 9
~ s{atei~en~.--~'~l~.n,g Whether or not the structure
¢ont~ains a basement; and
the elevation (in' relation to mean sea level) of the
bottom of the lowest structural member of the lowest
floor of the structure. The elevation shall be
certified by a licensed professional engineer or land
surveyor.
The Local Administrator shall maintain a record of all
information required under paragraph (1] of this Section.
SECTION 6.0
VARIANCE PROCEDURE
6.1 APPEALS BOARD
(1) The Zoning Board of Appeals as established by the Town of
Southold shall hear and decide appeals and requests for variar~es
from ti~e requirements of this local law.
The Zoning Board of Appeals shall hear and decide appeals when it
is alleged there is an error in any requirement, decision, ,~or
determination made by the Local Administrator in the enforcement ,or
administration of this local law.
(3)
Those aggrieved by the decision of the Zoning Board of Appeals
may appeal such decision to the Supreme Court pu_rsuant to Article
78 of the Civil P~actice Law and Rules.
in passing upon such applications, the Zoning Board of Appeals
shall consider all technical evaluations, all relevant factors,
standards specified in other sections of this local law and:
(i) the danger that materials may be swept onto other lands to the
~ injury of others;
(ii) the danger to life and property due to flooding or erosion
damage;
(iii)' the susceptibility of the proposed facility and its contents to
~flood damage and the effect of such damage on the individual
owner;
(iv) the importance of the services provided by the proposed
facility to the community;
iv) the necessity to the facility of a waterfront location, where
applicable;
(vi) the availability of alternative locations for the proposed use
which are not subject to flooding or erosion damage;
(vii) the compatibility of the proposed use with existing and
anticipated development;
(viii) the relationship of the proposed use to the comprehensive plan
and flood plain management program of that area;
(ix) the safety of access to the property in times of flood for
ordinary and emergency vehicles;
(x) the costs to local governments and the dangers associal~ed with
conducting search and rescue operations during periods of
flooding;
(xJ) the expected heights, ' velocity, duration, rate or rise, and
sediment transport of the flood waters and the effects of wave
action, if'applicable, expected on the sitE; and
(xii) .the costs of providing governmental services during and after
flood conditions, including search and rescue operations
15-0
MAY 19, 1987
(5)
maintenance and repair of pu'blic'utilities and facilities such as
sewer, gas~. electrical, and water systems and streets and
bridges.
Upon consideration of the factors of Section 6.1(4) and the
purposes of this local law, the Town of Southold may attach such
conditions to the granting of-variances as it deems necessar~y to
further the purposes of this local law.
(6) The Local Administrator shall maintain the records of all' ,appeal
actions including technical information and report any varianc]e$ to
the 'Federal Emergency Management Agency upon request.
CONDITIONS FOR VARIANCES
Generally, variances may be issued for new construction and
substantial improvements to be erected on a lot of one'half acre or
less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, providing items
(i-Xii)' in Sectioh 6.1(4) have been fully considered. As the lot size
increases beyond the one-half acre, the technical justifi~:ation
required for issuing the variance increases.
(2)
Variances may be issued for the reconstruction, rehabilitation or
restoration of structures and contributing structures listed on the
National Register of Historic Places or -the State Inventory of
Historic Places, without regard: to the contributing structures
procedures set forth in'the remainder of this :section.
[3)
Variances may be issued by a con~munity for new construction and
substantial improvements and for' other development necessary for
the conduct of a functionally dependent use provide_d that:
(i)' the criteria: of subparagraphs ,1, 4, 5, and 6 of this seCtion
are met;
(~4)
the structure or other development is'protected by methods
that minimize flood damages during the base flood and create
no additional threat to public'safety.
Variances shall not be issued Within' any designated floodway if'any
increase in flood levels during the base flood discharge would
res ult.
(5)
Variances shall only be issued upon a determination that the
variance is 'the minimum necessary, considering the flood hazard', to
afford relief.
(6) Variances shall only be issued upon receiving written justification:
(i) a showing of good and suffici'ent cause;
(ii) a determination that failure to grant .the variance would result
in exceptional hardship to the applicant; and
(iii) a determination that the granting of a variance will' not result
in increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud
on or victimization of the public or conflict with existing local
laws or ordinances.
(7)
Any applicant to whom a variance is granted for a building with the
lowest floor below the base flood elevation shall be given written
notice that the cost of flood insurance will be commensurate with
the increased risk resulting from lowest floor elevation.
II. This Local Law shall take effect upon it~ filing with the Secretary Of
State.
40.-~ote of the Town Board: Ayes: Councilman Penny, CouncilW-0~an Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 41 is to execute an application to the New
York State Office of Parks and Recreation for EQBA funds to acquire, protect,
develop or improve indoor and outdoor rec facilities within' the Town of Southold.
I offer that resolution.
MAY 19, 1987
41. Moved i t W as
RESOLVED that th~ ~i'o~vn Board Town of $outl~Old hereby authorizes and
directs 'SupervisOr Francis J. Murphy to execute a preliminary application to the
New York S~:ate office of Parks, Rec"ear,on and Historic'Preservation, for 1986
~ E.n~ironmental Quality Bond Act fund~'to acquire, protect, develop or improve .
indoor and outdoor recreational facilities within the Town of Southold.
41.-.Vote of Ihe Town Board: _Ayes: Counc~lman~ Penny,- Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh,' Supervisor Murphy.
This resolution was declared duly ~ADOPTED.
151
SUPERVISOR MURPHY: Okay, would you .like to act on the Local Law No. 4, which
we had a public'hearing on on traffic'regulations? (Board agreed.) Okay, Local
Law No. 4 -. 1987 be enacted, "A Local Law to amend. Chapter 92 of the Code of
the Town Of SoUthold in' relation to traffic regulat.ons. I Offer that~ resolution.
thereto the following:
Name of Street Side
T raveler Street South
Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh,
WHEREAS, ?a p'r~posed~ Local [~aw No. 4 - 'i987 was introduced at a meeting of this
Board held ont .he 1st day. of May, 1987, and
WHEREAS, a l~i~lic'hearing was held thereon by this'Board on the 19th-day of
May; 1987:, at'which time all interested persons were given an opportunit~ to be
heard thereon, now, therefore', be it
RESOLVED that Local Law. No. 4 - 1987 be enacted as follows:
LOCAL LAW NO. 4- 1987
A Local Law to amend'Chaper 92 of the Code
of the Town of Southold in relation to traffic regulations
BE ITl ENACTED by the Town Board of the Town of Southold as' follows:
Chapter 92 of the Code of the Town of SoLithold is/hereby amended as follows:
1. By amending Section 92-41 (Parking Prohibited at all times) by ad~,ing
Location
At Southold, from the southwest corner
of Traveler Street and Beck-with Avenue
Proceeding westerly fdr 111 feet to the
guard raj I.
.- 2.. This.local law shall take effect upon its filing with the Secretary of State.
42.-Vote of the Town Board? Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This resolution was declared 'duly ADOPTED.
SUPERVISOR~MURPHY: And Number 43 is.to enact Local Law No. 5 - 1987, which
is "A"Local Law in' relation to boat operators, boat equipment and anchoring .in
West Harbor" at Fishers Island. I Offer that resolution.
43. Moved by Supervisor Murphy, seconded by Councilman Penny,
WHEREAS, a proposed Local Law No, 5 - :1987 was introduced at a meeting of this
Board held ont--he 1st day of May, 1987, and
WHEREAS, a public'hearing was held thereon by this Boa~'d on the 19th day of
May, 1987, at which time all interested persons were given an opportunity'to be
heard thereon, now, therefore, be it
RESOLVED that Local Law No. 5- 1987 be enacted as follows:
LOCAL LAW NO. 5 - 1987
A Local Law in relation to boat operators, boat
equipment and anchoring in'West Harbor
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
'(additiOns indicated by underline; deletions by'[brackets])
I. Article IIl'(Boats) of Chapter 32~of the Code of the Town of Southold, Section
32.31. DefinitiOns. is amended as follows:
BOATS - Every. vessel propelled in'any manner. [,except vessels havin9 a
valid marine document issued I~--~he' Federal Bureau of Customs
or any foreign government.]
II. Articl'e'lll', Chapter 32 is amended by adding two new sections thereto, to
be Section 32-136..1 and Section 32-36.2, to provide as follows:
Section 32-.36.-1 Equipment.
A. All pleasure-vessels-and, unins.pected commercial vessels shall be equipped
and lighted, while under way or at anchor with any person aboard, as
required under the Federal Boat. Safety Act of 1971, as amended, and
the regulations .adopted-pursuant'thereto and contained in'Title 46 of
.the- Code of- Federal. Rules.,- Subchapter C, Parts 24, 25 and 26, and
pursuant to the. provisions of Section 40 Of the Navigation Law of 'the
State ol~ New York.. Failure to comply with the equipment and lightinq.
.r. equirements as set forth above shall be a violation-of thi~ Chapter.
B. The provisions of this section shall not apply to vessels competin9 in.'
~luly authorized regattas and trials precedin9 such regattas.
Section 32-36.2 Boat-Operators.
A_:. No person under the age of sixteen (16) years shall operate a mechanically
propelled vessel unless:
_(1) The operator, who is under the age of sixteen (16)
accompanied therein by a person who is sixteen
or older; or ~
MAY 1§, 1987..
(2) The operator is ten (10)~years of a.ge or older and is the holder
o~ a boating safety certificate issue~ to him by the Commissioner
of the Offic~ Of Parks and ~Recreation of the State of New York
pursuant to Section 78 'of the New York State Navigation .Law. ·
B. The ~ailure of a person speci~fied in Section 32-36.2(2) h~reof t~ exhibit
a boating safety certificate upon demand to any peace officer or other
officer having authority t~) eh~fo~ce~ the provisions of this Chapter shall
be presumptive evidence that such person is~not the holder of such
' . certi fi~:ate.
C. No person who is the owner of a' mot'orboat shall knowingly authorize'
or perm t the operation thereof unless:
(1) The operator is sixteen:.(16) years of age or older;
(2) The o~erator, who is u~der:the age of sixteen (16) years, is
accompanied therein by a person sixteen (16)~years or older; or
(S) .... '
The opera~or~ ~s ten' t10j years of age or older and is the holder
of a boating safety certificate issued ~o him' by the Commissioner
of the Office of Parks 'and 'Recreation of the; State of New York.
D. N~ person sh~lloperate a ~$ei while in an intoxicated condition or
w~it~ his ability to'operate such a vessel is impaired by the consumption
~f' alcohol or by the 'use of a drug.
!11. Secti~i 32-39.2A [anchoriog in West Harbor) of Article III '(Boats] of Chapter
32 of the Cede of the Town of Southold is. amended.as follows:
A. All boats temporarily anchored in West Harbor at Fishers Island shall-
anchor [north of Goose Island;] in an area assigned by the Harbor
Master or Bay Constable.
(1) Anchoring shall not be permitted for a continuous period of. more
than three (3) days unless authorized by the Harbor Master. or
Bay Constable, which authorization may only be granted for
emergency Situations.
IV. This Local Law shall take effect upon it~ filing with the Secretary of.State.
43.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
l~his resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, that's the end of our prepared and added-on-to
agenda. Is there any Councilman would like to comment any further? George?
COUNCILMAN PENNY: Yes, I forgot on my reports here, I made a visit this
morning to the Dog Pound. The progress is still in the works. The insulation
has been pl,~ced in the walls and in: the ceiling and the sheetrock is there ready
to be put up. THe concrete is poured and progress still continuing and under
way. So there, has been progress for the last two weeks. Thank you.
SUPERVISOR MURPHY: Jay?
COUNCILMAN SCHONDEBARE: Noth n,g, thank you, Frank.
SUPERVISOR MURPHY: Paul?
COUNCILMAN STOUTENBURGH: Nothing.
SUPERVISOR MURPHY: Jean?
COUNCILWOMAN COCHRAN: Yes, I'd just like to call attention to the fact that
there is a-mei~ting tomorrow night on the'Village Green, here at Town Hal!, scheduled
at 7:30. Many service organizations and groups have been invited so that their'
support can be gained for the development of the Green. And it is open to the
public and if'you have an interest we'd be very happy to have you join us. Thank
you.
SUPERVISOR MURPHY: What room is this going to be in, Jean?
COUNCILWOMAN COCHRAN: I'm not sure where ours is scheduled.
SUPERVISOR MURPHY: Okay, at this time is there anyone in the audience would
like to address the Town Board? Over here on the left? Middle? Sir.
ROY DEMAYO: My name is 'Roy Demayo. I'm asking about when Local LaW No.
5 will be implemented? It's been passed. Item 43. Boat Operators.
TOWN CLERK TERRY: Probably by Friday 1'11 be mailing it to the Secretary of
State and I Send it certified mail, -return receipt, and it 'will probably be filed
by next Wednesdey and then it is effective.
153
MAY 19, 1987
ROY DEMAYO: it' 'doe_~'~lust' ~""%~'-~'47~"~?t;'~<'~:"'ap[5~/~o ~sfiers ......... Island:'~t:= does it?
COUNCILMAN SCHONDEBARE: No.
TOWN CLERK TERRY: Only the last section on West Harbor.
COUNCILMAN PENNY: The mooring in'West Harbor, Fishers Island, is tagged
into the other provisions of the law.
TOWN CLERK TERRY: The remainder of the law pertains to the entire Town of
Southold.
ROY DEMAYO: Thank you.
SUPERVISOR MURPHY: 'Okay, any other comments? O'ver. hereon the right?
(No' response.) If not, a mo(ion to adjourn is in order. I thank everybody for
Coming ~)ut tonight. '
Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it 'was
RESOLVED that this 'Town Board meeting be and hereby is 'adjourned at 8:45~P.M.
Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This'resolution was declared 'duly ADOPTED.
Judith T. Terry
Southold Town Clerk