HomeMy WebLinkAboutTB-05/06/1986418
SOUTHOLD TOWN BOARD
MAY 6, 1986
WORK SESSION
Present: Supervisor Francis'J. Murphy, Justice Raymond W. Edwards,
Councilman James A. Schondebare (9:30 AM), CouricilwomaJ~. ~lean W. Cochran,
Councilman George L. Penny IV~ Town Clerk Judith T. Terry, Town Attorney
Robert W. Tasker (9:35 AM), Superintendent of Highways Raymo~nd L. Jacobs.
9:00 A.M. - Martin Garrell, Chairman of the_ Conservation Advisory Council,
met with the Board to bring them up to date on the activities of the Council.
He explained that Council member Heather Cusack is working On a proposal
for a study of road run-off in the creeks in conjuction with Superintendent
of Highways Jacobs and Councilman Stoutenburgh. Mr. Garrell also explained
the progress of the Long Island Sound Study Whi~h he is'Working on as a
representative of the Town.
9:15 A.M. - Ron Morizzo, builder, and Jo_s_eph Magagnin', paperhanger, appeared
before the Board to discuss the reason .for withholding payment of the bills for
their expenses incurred with respect to ~edecorati0n of the Supervis0r's Office.
Justice Edwards objected to discussing this matter without Councilman Schondebare
-and Town Attorney Tasker in attendance. Councilwoman Cochran concurred,
stating that Mr. Morizzo and Mr. Magagnin were not scheduled for an appointment
on the Town Board agenda. Supervisor Murphy stated they were scheduled under
the 9:00 A.M. audit of bills item. Supervisor Murphy advised the Board he had
an opinion from the Comptroller, although not in writing, that the bills could
legally be paid. Councilwoman Cochran asked for this 'in writing, stating that
she is looking for a legal way to pay the bills. Mr~. Morizzo and Mr. Magagnin
were asked to return at 2:00 P.M. to further discuss this matter when the Town
AttOrney is present.
9:20 A.M. - For Discussion Items: (I) Request of the Suffolk County Cooperative
Extension Office for the Town to assume the airfaire costs to transport up to three
individuals to Fishers Island for one day during theTweek of May 13 through 26,
for a Nutrition Program presentation to Kindergarten through Grades-.3 teachers
and students (see resolution No. 38). (2) Letter from Town Attorney Tasker
transmitting a letter from Hawkins, Delafield & Wood recommending that the Town
defer proceeding with the establishment of a Southold Electric System until ~the
State Legislature has given consideration to the recently introduced bill:to establish
a Long Island Electric:Authority. (3) Letter from Sou~hold Town Fire Inspector
Robert Fisher reporting on his reinspection of the Town Hall on April 10, 1986,
~and citing items that should be corrected as quicI~ly as possible. A Buildings
and Grounds Committee meeting will' be scheduled to review the report. (4) Pro-
posed Local Law entitled, "A Local Law to make provision for Affordable Housing
for moderate income families" (see resolution NO. 39 transmitting it to the Town
Planning Board and County Department of Planning).
9:30 A.M. - Joan Richter, Senior Account Clerk, met with the Board to dis~u'ss
her recommendation to discontinue, the services of ADP and engage BOCES to
process the Town payroll. Mrs. Richter~ indicated that the overall cost per year
would increase by approximately $5,000, many time-consuming reports now prepared
by the Accounting Department would be generated by BOCES, as well as incorporating
certain changes to the payroll system which have been mandated by law.---Before
making a final decision, Councilman Penny suggested that Mrs. Richter contact the
North Fork Bank & Trust Compa~ny for a proposal.
9:45 A.M. - Landmark Preservation Commission members: Chairman John Stack,
Secretary Joy Bear, William Peters, and Ralph Williams made a slide presentation
to the Town Board with respect to their Master Survey Program which will
conclude in 1988. Th,ey are in receipt of a grant in the amount of $12,000 which
covered 1985 through June of '1986. To move forward for the remainder of 1986
they are requesting $7,000 funding from the Town Board. Community Development
MAY 6, 1986 419
Director McMahon reiterated the C~i~,p~!s comments with respect to funding,
stating that the Town does not havi~i~a' 1986 budget provision for 7jl/-12/31/86.
Supervisor Murphy will review the budget to determine where the funding can
be found...perhaps in surplus later in'the fall.
10:15 A.M. - For Discussion Items: (5) Letter from the General Counsel, Islip
Resource Recovery Agency attempting to explore the possibility of the Town of
Islip disposing of all or part of its 400,000 tons of solid waste at the Southold
Town Landfill in exchange for Southold's future use of a resource recovery
facility to be constructed in Islip on or before December '1990. The Town Board
agreed that this problem is facing all towns, unfortunately Southold Town's
limited landfill capacity would make it impossible to help Islip~ (6) Letter from
Donald Middleton, Chairman of the Environmental Committee of the Long Island
Association, Inc. relative to restructuring the proposed Environmental Bond Act.
-r~, ,.~ Board agread th~ Bond Act should have th~ fI~xibi~ity to ..-~ct - ' ~'~'" VA-'-
State communities environmental protection needs and would, help in any way
possible. (7) Letter from Islip Supervisor Michael A. LoGrande stating that
since November 1985 LILCO has been receiving hydropower through the Power
Authority of New York State and it is his understanding that upon receipt of
such hydropower the LILCO residential ratepayers are entitled to a cost avoid-
ance credit on their'utility bills, totalling in excess of $3.8 million dollars in
credits plus interest since that date. Supervisor Murphy was authorized to
direct a letter to LILCO asking when and if they will be crediting the Southold
Town residents,---~-Supervisor Murphy advised the Board that the State is~
funding a matching grant proposal with the Counties of Nassau and Suffolk and
the 13 towns therein:for an ash study. The Board agreed to pledge ten cents
a resident, or approximately $2,000 to partici'pate in~this study.
10:40 A.M. - Howard M. Petersen spoke to the Board about his request to place
a watchman house trailer at his Mattituck Inlet Dryland Marina,' Naugles Drive,
Mattituck (for discussion item 11]. He has has a problem with vandalism and
theft. The Board agreed to a six month permit (see resolution No. 41)'.
11:00 A.M. - Richard Meade met with the Board to discuss ~he operation of a
real estate office by his wife Elizabeth in'their private residence on Route 48,
Peconic. In October of 1985 they met with a Southold Town Building Inspector
to ascertain the requirements for a real estate office in:their residence and were
subsequently issued a sign permit,~ and erected the sign in November 1985. In
April they received a call from Executive Administrator Lessard advising them
they were operating illegally without a sign permit,'' and met with him the next
day to find out they were not permitted to operate a real estate office in their
residence. On April 8th they met with Supervisor Murphy to discuss the situation
and thereafter mate an appointment to meet With the Board today. Mr. Meade was
advised by the Board that a real estate office is not a home occupation by definition
of the Zoning Code, and his only resource is to appeal the Building Inspector's
decision to the~ Board of Appeals.
11:15 A.M. - For Discussion Items: (8) Memorandum from Board of Appeals
Chairman Goehringer stating that the part-time evening stenographer for the
Board, Barbara Strang, for tax purposes, would like to be placed on the Town
payroll, rather than act as an independent contractor. The Boar agreed (see
resolution No. 40). (9) Fairweather-Brown's proposal for the Senior/Youth
Center building repairs (see 11:35 A.M. for Mr. Browns' meeting with the
Board). (10) Discussion relative to a proposed agreement with Vernon G.
Werfnelinger to perform Special Bay Constable Services in and about Mattituck
Creek (see resolution No. 42). (11) Trailer application of Howard M. Petersen
which was resolved in a meeting with Mr. Petersen at 11:40 A.M.). (12) Discussed
date for interviews for Summer Research Intern for the Planning Board. The
Planning Board will be asked to schedule interviews and invite the Board of
Appeals and Building Department to sit in so they may perhaps engage one of the
individuals for research with respect to the property record cards. (13) Discussed
property of Margaret Ciacia on the corner of Main Road and Pipes Neck Road,
Greenport. The Town would like to go in and remove the assorted junk and debris
and had obtained a letter of permission on July 22, 1983. An attempt will be made
to obtain a current letter of permission from Mrs. Ciacia who is hospi.talize~.
(14) Letter from Town Attorney Taserk with respect to a parcel of land in Bay-
view which has been acquired by the County of Suffolk at tax sale. A search of
the title revealed that this parcel is subjec~ to the rights of others in common over
it. He pointed out that adjoining this parcel the Town already has a 100 ft. parcel
at the end of Waterview Drive which terminates at Goose Creek.
11:35 A.M. Rob Brown of Fairweather-Brown, Architects, met with the Board
to discuss his proposal relative to inspection of the proposed repair work at the
Senior/Youth Center to assure the Town of proper materials and workmanship.
Mrs. Brown's proposal included a fee of $50.00 per hour, and as agreed by Mr.
Brown, the Board set a maximum of $1,600.00 (see resolution No. 43).
420
MAY 6, 1986
11:45 A.M; - Superinten.dent of Hi~.h. ways' Jacobs discussed with the Board a
letter he received from the Department of Health Services, Pollution Control_,
(for discussion.item 15) relative to the extension of his burning permit to'dispose
of hurricane Gloria debris at the Landfill'. Mr. Jacobs advised the Board that
for the present he will begin using the tub grinder for longer periods, cover
some of the debris, but will only burn as a last resort.---The Board also
discussed item 16 for discussion, the CSEA Benefit Fund Contract, which Town
Attorney approved with one correction (see resolution No. 47).
11:55 A.M. - Off Agenda discussion: Councilman Schondebare will have a
proposed Local Law regarding litter for presentation at the May 20th Board
meeting.--Supervisor Murphy advised the Board the proposed Updated Master
Plan will be returned by the Planning Board shortly.---Skunk Lane drainage
project is ,progressing, but easement changes must be accomplished before it
is finaiize~i.---Fortbiscussion item 45~Proposai'of i'own C;Jer~! Terry tO pu'l~iish
a notice in the local newspapers reproducing the Application for a Dog License
with instructions for c0mple~ing sable and obtaining ~ license b~ mail (see
resolution No. 45].---Justice Edwards advised that he has given the Avenue
B, Fishers Island, drainage proposal to four contractors on:Fishers Island,
but the informal bids are above the allowance for the project. The proposal
will be resubmitted for informal bids with the provision that" two Highway Depart--
ment employees on Fishers Island'iwill-assist with the project.---Questions concern-
ing a Highway Excavation Permit on Rabbit Lane, East Marion. I't was determined
the project is being accomplished properly, however, Executive Administrator
Lessard is drafting a new application for a Highway'Excavation Permit, to be
reviewed by Superintendent of Highways Jacobs and Town Clerk Terry before
use.---Councilman Penny apprised the Board of his review of the regulations
· with respect to load limits on Town highways.
12:35 P.M. - Recess for lunch.
2:00 P.M. - Police Chief H. Daniel Winters' met with the Board to bring them up
to date on matters coocerning his department: Has taken delivery of the new Bay
Constable boat.--Negotiations with Vern Wermelinqer for services as a Special Bay
Constable at Mattituck Creek (resolution ~1o. 42] :---The new'Police Officer recruits
have transferred from the Nassau Police 'Academy to the Suffolk. Police Academy
which recently convened, and will'graduate sooner than expected.---The need for --
part-time Public Safety DisPatchers (Radio Operators) (see ~esolution No. 5), and
a Clerk Typisl~ for the summer season (see resolution No. 48). Explained the~,;~needI
for resolution No. 4 - new fencing around the impound area at Police HeadqU~'~rters,''-'-~
and resolution No. 23(b), the appointment of a Provisional Traffic Control Officer.--
Advised that Board that on June 1st the State of New York will institute a new
Uniform Traffic Summons through the Traffic Safety Law Enforcement Disposition
Program, whereby the State will' issue the Uniform Traffic Summons to the Town,
resulting in'a savings for the Town.--The tree at the intersection of Route 48
and Moores Lane North, Greenport, which was discus.,sed at the April 22nd Board
meeting, will be removed shortly by the County.--~He has assigned an officer to
monitor junk cars and refuse on private property.---During the year 1985 there
were 16 deer killed by automobiles in the Town of So..uthold. To date this year
there have already been 8 deer killed. ..
2:15 P.M. - Joseph Magag.n, in;.paperhanger for the redecoration of the Supervisor's'
Office, again met with the Board to discuss' h'is'outstanding I~iJl' 0~ $1,300.00; super~
visor Murphy stated the Board that he thinks Mr. Magagnin should be paid for his
services. Councilwoman Cochran asked Superviso~ Murphy to produce a written
response from the Attorney General justifying the payment of the bill'. Supervisor
Murphy stated that he did not have a verbal opinion from the Attorney General,
but did have justifii:ation from other sources. He was asked to produce documentation
for payment of the outstanding bills.
2:20 P.M. - Board discussion relative to resolutions No. 1 and 2 concernin~l water
supply system policy; Supervisor Murphy advised the Board he had received a callr---
from'May~r Hubbard at noon time requesting the Board to h01d their'decisions on 1 i]
resolutions No. I and 2 until they have an opportunity to meet with the Greenport i.,~
Village Board. In attendance at this time were: Village Trustees Jeanne Cooper, ~'~
Gall Horton and William Lieblein, as well as Superintendent of Utilities James Monsell
and Community Development Director William Gillooly. Mr. Monsell advisei~ the Board
the Village has recently begun a 3 Million dollar project to upgrade its water system,
and have committed another 3 Million dollars by 1:990, and urged the Board to hold
their.decision and meet with the Village Board. Mrs. Cooper said' there is long-range
plannning involved and it would be only proper for the two boards to meet to discuss
the future of water in Southold Town, and Trustee Horton concurred. Councilman-
Stoutenburgh stated he would be willing to wait and meet with the Village Board in
order to maintain:the good relationship they have established in the past. Trustee
Lieblein stated the Village Utility Committee met on April 28th and directed a letter
be sent requesting the'Town and Village Boards get together and discuss the water
situation. They have received their report from H2M on how to improve their system.
He recommended sitting down and ,r. eassessing the Village taking over water supply
4 2 1
systems in the Town, thereby retaining local control. The followin9 individuals in
the audience spoke in favor of delaying the vote on resolutions No. 1 and 2: Alice
Hussie, Orville Terry, Jeanne Martinet, representing the League of Women Voters,
Water Advisory Committee member Ruth Oliva, Diane Bergmann, Margaret Skabry,
and Frank Bear, who despite objections of Councilman Schondebare, Councilwoman
Cochran, Councilman .Penny and Justice Edwards, read a prepared statement which
is on file in the Town Clerk's Office. William Behr spoke in favor of inviting the
Suffolk County Water Authority into Southold Town, stating he is 'of the opinion
this would remove another layer of government. Board members Edwards, Schondebar¢
Cochran and Penny stated they would not delay the vote on resolutions 1 and 2 at
the regular meetin9 to be held at 7:30 P.M.
2:45 P.M. - The Board reviewed the regular meeting Resolutions.
~:uu ?.M. - Board members audited outstanding ,¢ .... h~,~
4:30 P.M. - Work Session adjourned.
REGULAR MEETING
7:30 P~M.
A Regular Meetin9 of the Southold Town Board was held on Tuesday, May
6, 1986, at the Southold Town Hall, Main Road, Southold, New York. Supervisor
Murphy opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag.
Present:
Supervisor Francis'J. Murphy
Justice Raymond W. Edwards
Councilman Paul Stoutenburgh
Councilman James A. Schondebare
CouncilWoman Jean W. Cochran
Councilman George L. Penny 'IV
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
SUPERVISOR ~URPHY: Okay, I'd like a resolution approving the audit of the
bills of May 6, ,1986.
COUNCILMAN STOUTENBURGH: So moved.
COUNCILMAN SCHONDEBARE: I'll second, with the exception--and I want to talk
to you about your Hertz rental car while' you were out in'California:-Mr. Supervisor.
Outside of that I second the motion.
SUPERVISOR MURPHY: Are you saying you're---
COUNCILMAN SCHONDEBARE: I'm holding it. I've pulled it.' It's not audited.
It's not part of the audited bills.. Line item A1220.4, car rental, $237.05, Sacramento
Mentropolitan something or other.
SUPERVISOR MURPHY: Do we have four people that want to pull that?
COUNCILMAN SCHONDEBARE: Anybody else want to pull this bill besides me?
JUSTICE EDWARDS: Yes.
COUNCILMAN PENNY: Yes.
COUNCILMAN SCHONDEBARE: That's one, two, three. Do I hear anyone else?
SUPERVISOR MURPHY: Jean?
COUNCILWOMAN COCHRAN: I'll pull it if he wants to discuss it.
SUPERVISOR MURPHY: George?
COUNCILMAN SCHONDEBARE: l'd like to discuss it.
COUNCILMAN PENNY: Yes.
SUPERVISOR MURPHY: Did you note~that, Judy?
TOWN CLERK TERRY: Yes.
SUPERVISOR MURPHY: Thank you. Okay, would you vote on the resolution.
COUNCILMAN SCHONDEBARE: As amended. Second.
Moved by Stoutenburgh, seconded by Councilman Schondebare, it was
RESOLVED that ,the following audited bills be and hereby are authorized for pay-
ment: General Fund Whole Town bills in the amount of $22, 8~¢. 31; General Fund
..... . ..... ............................ . . , ..........5,. gh.~. y D~part, men. .... bxll:s ~n. the,. amou~].~;tj
of $4,668.81; Fxshers Island Ferry District bills in the amount of $7,649.39; Recrea~n
Activities Fee Account bills in the amount of $37.00; Southold Wastewater District
bills in the amount of $1,995.80. (Voucher of Francis J. Murphy for car rental -
meeting - in the amount of $237.05 was not authorized for payment.}
Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: I'd like now a resolution approving the minutes of the
regular meeting of April 22, 1986.
Moved by Councitwoman Cochran, seconded by Councilman Schondebare, it was
RESOLVED that the minutes of the regular Southol'd Town Board meeting held on
April 22, 1986, be and hereby are approved.
Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochrari, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Now I'd like a resolution setting the next meeting for
May 20th, 1986 at 7:30 P.M., and I'd like the record to note that I am very much
opposed to the date--or the time of the meeting. I think we should have an after-
noon one.
COUNCILMAN SCHONDEBARE: You said the date and the time.
SUPERVISOR MURPHY: The time--I meant the time.
COUNCILMAN-SCHONDEBARE: Okay, the time.
Moved by Councilman Penny, seconded by Councilman Schondebare, it was
RESOLVED that the next Regular Meeting of the Southold Town Board will be
held at 7:30 P.M.., Tue.s..day, May 20, 1986, at the Southold Town Hall, Main
Road, Southotd, New York.
Vote of the Town Board: Ayes: Councilman Penny, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards. No: Councilwoman Cochran,
Supervisor Murphy.
This resolution was declared duly ADOPTED.
I. REPORTS.
SUPERVISOR MURPHY: The first item on your agenda is reports. These reports
are all on file in the Town Clerk's. Office for anyone. Some are quite interesting
and it 'shows, in particblar, the Town Clerk's and the Building Department's monthly
activity. You could tell how much is going on around the Town.
1. Town Trustees monthly report- March 1986.
2. Supervisor's monthly report - April 1986:.
3. Town Clerk's monthly report - April 1986.
4. Szepatowski Associates monthly report - April '1986.
5. Building Department's monthly report - April :1986.
6. I'd like to move then to ask the Councilmen to make their reports. I'd
like to start on my right with Councilman George Penny.
COUNCILMAN PENNY: On the 28th of last month we had a meeti,.ng of the Highway
Committee. We addressed two things of concern. One was the Rabbit Lane excavation,
which has raised some controversy and got a lot of calls in the Town Hall, and we
found that so far everything is proceeding in a legal fashion, with the exception of
some Code violations, and we've revamped our application, which still needs just a
little bit more work, so that some more information can be included on it so that we
can forward it to the agencies which are responsible for the particular codes. Number
one being the Electric Code would go to the electrical underwriters and number two,
the Plumbing Code which would be addressed to our own Building Department. So a
little more follow-up and a little thoroughness. The fact that this is only the second
4 2 3
Town Excavation Permit that w~'~ ~,s~ ~e~e correcting some omissions. The
second thing that we discussed wa§- thee oad limit on Town roads. There are some
State permits which are available, which give ~rucks the ability to go up to 120,000
pounds and as a Town, or a municipality, we ~o not have to accept this on our
municipal roads. So this has been address and we've notifi~ our Chief of Police
~hat anything over that weight restriction, when we were specifically speaking about
the Breakwater Road traffic, we don't have to go along with that. We've contacted
the company that was trucking out of the old Gotham property and everybody's been
notified. On the 2~h we had interviews for the ZBA. On 5/1 we met--the CSEA
Committee met and there was some discussion on contracts. On the 2nd the Town
Board had a meeting with, the, Suffolk County Water AuthOrity. The result is a minor
~hange to my resolution, which is resolution No. 2 on tonight, because we found out
that the polic~ which is established by the Department of Health Services is not
necessarilY the policy of the Suffolk County Water Authority. So we've taken it
or~e s~ep fur'~[~er. There seems ~o be quite a lack of .............. on :~¥~'.s.
So that will'be addressed later. On 5/2 we had a meeting 0f Parks and Beaches.
On 5~2 we had a meeting of the Code Committee, and tomorrew night--we failed to
send out notices--I forgot to tell Judy--that the Labor Management Committee of the
Town Board and the CSEA Unit are having their firs~ meeting tomorrow at 7:30 P.M.
at the Town Hall. Thank you.
SUPERVISOR MURPHY: Councilman Schondebare.
COUNCILMAN SCHONDEBARE: Yes. Thank you.' The Code Committee met. We
tried to once again tackle the knotty problem of the wineries and the uses that the
wineries have r~uested of the Town Board. Namely ~tering of food and bed and
breakfast and things of this nature. The bed and br~kfast basically will be allowed.
We have on for tonight a resolution to establish"bed and breakfast throughout the
Town and throughout all the zones in the Town, which by its very nature would
include th~ vineyards and wineries. So they will"~have that part of it anyway.
We did noz reach any concensus by and large, and 'most of the Code Committee
members--and for you who don't realize it, it consists of basically the Planning
Board, the Zoning Board, the Building Department, and different Town Board
members. So the main departments of the Town are a part ~f the Code Committee~
There is a study that we've commissioned, which was recom~end~ to us by the
Economic Advisory Council, to study the future of ~he vineyards in Southold Town,
and basically since this Code Committee could not reach a concensus one way or the
other to make a recommendation to the Town Board, we've ~ecided to put it in
abeyance and waiting for the report on the vineyards which would be subm~-tted
to us by one of the members of the Economic Advisory Committee. Then then went
into some of the requests made by the Superintendent, or ou~ Administrator of the
Building Department--namely the mass assemblies. What we're talking about, basically,
is those type of affairs that we have that are done maybe once a year throughout
the Town. You're talking a~ut the Strawberry Festival in Mattituck, the German
Festival at St. Peter's Church, and those are the type of operations that are done
once a year. We think we need some sort of rules ~nd regulations so we can make
sure that the public safety is taken care of. We seem to be lacking it at the present
time. We also went into the Home Improvement Contractors and our ability to control.
We've gotten a number of complaints from different-~esidents and taxpayers in the
Town complaining about certain Home Improvement Contractors. Actually the mechanism
is already set up in the Code. It's already there, and basi~lly what it is is just a
learning process by the boards and departments in charge with this enforcement.
~ don't think we have to do anything more or amend the Code. it's already in
existence. We had the interviews for the ZBA member~ We had eleven p~ple show
up. It's quite gratifying when you make an announcement in'the paper to see that
eleven p~ple out of the community are willing to take the time out and come in and
are willing to ~serve on one of the boards of the Town for a salary which is rather
small for the numerous hours that you have to put in~ So it's nice to see the turn-
out. We also had a meetin~ of the Beaches and Parks, and I'll let Councilman
Stoutenburgh give a report on that since he's the Chairman of that Committee.
Thank you, Frank.
SUPERVISOR MURPHY: Thank you, Jay. Paul?
COUNCILMAN STOUTENBURGH: ' Thank you. Yes, on April 24th I met with Heather
Cusack and Ray Jacobs at his office to discuss the proposal that the Conservation
Advisory Council is going to come up with to study the drainage systems in our
Town. Particularly road run-off into our creeks. As you well know, this has been
one of the problems in our Town. It's closed some of our best shellfish areas, and
what we want to do is have a project where we'll project down the line five or ten
years and eliminate these sore spots in our Town so that we'll have a good unpolluted
water where we can grow our clams. I also was with the Highway Committee and
George has already reported on that. I was also involved in the interviews of the
eleven different people for the ZBA. I went along~with Ray Jacobs, just as a by-
stander, to see what was going on as far as eliminating the problem of drainage up
at the headwaters of Arshamomaque Pond, and we met with a State DEC person and
a person from the road, and we walked over the entire area to see if there was some
solutions to the problem of that long drainage area that runs down to the side of
the Baptist Church there on the North Road, and then out into the waters. We came
up with three alternatives actually: we would think that we might be able to build
a reed pond which might filter this water before it went into the headwaters of
Arshamomaque, but this probably would not work when they had a large, heavy
rain. It couldn't take care of the great flow of water there. The other thing would
be to possibly cut off the pipes that run probably a half a mile down the road and
then empty out. By stopping that I mean putting in drainage basins instead of
connecting all the pipes together, all the drainage basins together, and then running
it out. And the other would be to perhaps divert the water to the north into the
Sound. Those are the alternatives that we've spoke about. There is a project
going on. We saw survey' markers, but believe it or not,the County road person
didn't even know what they were for, so he was going back to find out what was
going on. Maybe there is something that we don't even know about. So that's ~
about where we left that. Parks and Beaches, we went over salaries for the
beaci~ at~e,~c{-ai¥~ ar,c{ ?or ~he lifeguard,'and came UlS~ Wlti~ Wh~t-we' think is a .~
worthwhile solution to it.' We're opening our beaches on June 21st - Gull Pond
and Town Beach. They will'be open. They are the two first beaches to be
opened. And on June 28th'all other beaches will be open. With our new director
in~ Recreation we've been able to get a good supply, we think, of lifeguards, trained
lifeguards, and so we hope we won't have a shortage of lifeguards this year. I
also was with Jay's Code Committee. We sat in and tried to work out those. And
I also attended the meeting_ at Oakdale at the Suffolk County_ Water Authority. Okay.
SUPERVISOR MURPHY: Thank you. Paul; Jean?
COUNCILWOMAN COCHRAN. Yes. i attended the Highway__.Committee meetinq on
the 28th, of which Councilman Penny reported on. I attended, on the 29th, the
interviews with the ZBA, of which Councilman Schondebare reported on. I sat in
on the CSEA negotiations committee, of which Councilman Penny reported on. i
attended Paul's Park and Beach Committee meeting. ! attended the Code Committee
meeting, of which has been reported on. I like sitting on this 'end of the dias;
SUPERVISOR MURPHY: We're going to get you first next meeting.
COUNCILWOMAN COCHRAN: That's all right. I'm not sensitive. I also attended
the meeting with the Suffolk County Water Authority, of which I will' reserve my
comments until the time of the vote. Recreation is well and alive. I will be calling
a meeting, of the Buildings and Grounds Committee because the Fire Inspector has
made a report of the building and feels that we have some violations, so they will
be taken care of as soon as possible. That's it.
SUPERVISOR MURPHY: .Thank you, Jean. Judge Edwards?
JUSTICE EDWARDS: Okay, inasmuch as we're going over last week, I was also
over here on the 28th' for the Highwa¥ meeting, and Tuesday evening I sat in on
the interviews for the ZBA person. I was back on the Island Wednesday at I:00
o'clock. The Coast Guard came over at 1:30 onto the Island and had a meeting
there in preparation for working the barge. I had to drive them around to the
various areas--wetland areas on the south shore of Fishers. They wanted to look
over where they could stage heavy equipment in case it 'was needed in'turning the
barge over. The State Trooper came in for the summer season. He came in
Friday morning and I spent half a day just giving him a tour of the Island, showing
him where the roads were. Completely green, he'd never been over there before.
I did have Saturday off, but then again Sunday the Trustees flew in and spent
two and a half hours with them going over some wetland problems that have been
reported on the Island and then Monday and then over here again last night. So
here we are. Thank you, 'Frank.
SUPERVISOR MURPHY: Thank you, Ray. As you could see the Town Board members
have been extremely busy. There is a tremendous amount going on in Lhe Town. I'd
just like to add a little further. One is thank heavens the State is 'funding a proposal,
and it's going to. be a matching grant with the two counties, the two cities, and the r""~
thirteen towns in Nassau and Suffolk Counties, on an ash study. We're going to
be asked to fund a small part of it. It's going to be ~n pol~ulation, but it is a L,,.
very large step. I think it's solving a lot of problems. They'll be looking 'into
alternate methods of what Lo do with the ash. How to possibly clean up the waste
stream so that your ash will not be contaminated, and it holds great promise. The
Suffolk County Planning Department is taking the lead agency, so to speak, in the
program and next week--next Monday we will be hiring the consultant to draw it
up. It's a very tight timeframe, and these proposals have to be in to the State
within about a month and a half and they will be reviewed and sometime this
summer I hope we are going to be very fortunate and get quite a large grant
for this study. I'd like to report that the progress is going along very well in
cleaning out the la99on in Greenport to where the liner will be able to be installed.
Hopefully they might be able to start next week, and so our septic treatment plant
will be able to go back on line and everybody will come into compliance. One last
point is the Master Plan. In spite of what you might think, we haven't forgotten
it. It was given to the .Planning Board back in February and they asked for ten
4 2 5
days. The ten days have~ gone quite-a.~it beyond, but I have a promise from them
that within a very short period of time it will be turned over to the Town Board
again~ They have revieWed all the comments from the hamlet meetings and they
have reviewed all the corres, pondence that came to the Town concerning the Master
Plan. Anyone who complained or had a suggestion on it~ these have all. ben reviewed
and Dick Ward is doing the final drawing of the proposed zoning. We will meet
with them very shortly and hopefully we could get the Master Plan moving in Southold
Town.
!1. PUBLIC N~TICES.
SUPERVISOR MURPHY: l'd Ilke to move on to Item Number II on your agenda,
Public'Notices. There are three of them.
1. ~e_w~ ~o~k St_~t~e~ DEC_, public hearing notice on the application of Jack
Donnelly to construct 200 linear foot retaining wall '(bulkhead), 10 foot return at
each end, backfill'with 350 cubic yards of clean fill~to be trucked in from an upland
source, Mattituck. Comments by May 28th, 1986 at 10:00 A.M. to the DEC (public
hearing at the Southold Town Hall).
2. Department of the Army,~, Corps of, Engineers, application of .Oys, ter Point
Associates to install floating piers, replace bulkheads r dredge with upland disposal,
at Greenport Harbor. Writ. ten comments by May 21st, 198~
3. New York State Department of En~vironmental Conservation, public hearing
notice on the re~l~ificatio~hea~i'~g -Atiantic Ocean-Lon~l Islan~d Sound Draina~]e
Basin (tentatively on or about October 21,, 1986).
III. COMMUNICATIONS.
SUPERVISOR MURPHY: Moving on to Ill Communications. The (1) on the agenda
is'a letter from the Presid!n~ Officer Gregory J. 'Blass of the County Legislature,
thanking us for participating in the program of. the .National Weather Service Trans-
mitter. We have sent our money in to continue the funding of this, as we feel
it most important to the boating industry on the east end of Long Island.
IV. PUBLIC HEARINGS.
SUPERVISOR MURPHY:
V. RESOLUTIONS.
We have no pul~lic hearings scheduled tonight.
SUPERVISOR MURPHY: We'll move on to Resolutions. The first one is one to
repeal a prior resolution.
Moved by Councilman Schondebare, seconded by Councilman Penny,
WHEREAS, by resolution No. 3, adopted by this 'Town Board on September 24,
· 1985, the Town Board of the Town of Southold established a policy with respect
to the establishment of water districts in the .Town, ~nd
WHEREAS, the Town Board wishes to establish a new policy with respect to
water supply system.s,
NOW, THEREFORE, BE IT RESOLVED that resoluti0h~'No. 3, adopted by the
.'l'~wn Board o.n. September 24, .1985, be and the same is hereby rep. ealed.
SUPERVISOR MURPHY: Any comments?
COUNCILMAN SCHONDEBARE: I myself, when this first policy was established,
I was one of the minority to vote in opposition to this policy as presently on our
books, and I'm happy to see that we're finally rescinding it. The Town has no
business being in the water districts and the water business.
SUPERVISOR MURPHY: Any other comments?
COUNCILMAN STOUTENBURGH: ~es, I would say that Riverhead and Greenport
then should g~et out of the water business because they seem to be doing a fairly
good job, even though Greenport has had some problems, and I think that we're
going to lose this control that we always keep hearing about, when it's convenient,
that we should try to keep local control under the jurisdiction of the Town. As
soon as you give this away to someone else I can assure you in the future we'll
regret it. I would like to see the Town be the party,.~and perhaps then have
some outside concern run the organization, but nevertheless have the Town of
Southold be in command at all times. You want to remember once we give this
away we cannot get it back. In other words, the first time that you ask the
Suffolk County Water Authority to come in, you have given them the carte blanche
right to do what they wish in the Town. As it was brought out---you weren't
here, Jay, you'd walked out of the meeting, Frank Bear had investigated this
over on the South Side and found that no matter what the Town wanted, Suffolk
County Water Authority did as they pleased and ran a pipe to where they wanted
to. Even thought the Town was against it and environmentally it was very poor
judgment---in their minds it was very poor judgment. But they were committed
to supply the water and therefore they ?nad to go along with it.
COUNCILMAN SCHONDEBARE: I don't think there's any dispute of the fact that
the Village of Greenport is in serious problems with regards to their water supply
and their own system. They got a lot of problems. They got to straighten out
their own house. And you also know, Paul, that the Suffolk County Water Authority
has jurisdiction in the Town of Southold already. They can come in tomorrow
morning if they're requested to do so.
COUNCILMAN STOUTENBURGH: And I would not allow that if I had a vote in it.
What I was saying before I was interrupted, is I feel that Greenport ......
COUNCILMAN SCHONDEBARE: I'm sorry, Paul, I didn't realize I interrupted you.
COUNCILMAN STOUTENBURGH: .... although they tried to continue, Greenport
had some oroblems. They have a 2 million dollar plant investment. They are now
commitl~ed 'with an additiohal 2 million dollars, and by 1990, h;-y 'wiii have ~another
2 million, or a,total of 6 m Ilion dollars of moneys, which they will~put into a plant
and bring it up to the standard which I feel would be worthy. The thing that I
always hear is that Suffolk County Water Authority is going to give us some great,
by some magic wand, some new kind of water~-that super water. We must remember
that ! don't care if the Town does it,' Riverhead does it, Greenport does it, or
the Suffolk County Water Authority does our water supply, it ali must be certified
by the Health Department, and that's the key criteria right there. So no matter
who does it 'you will still;have to go along by the Suffolk County Health Department's
criteria for good water. And I just feel that we're missing the boat and losing this
control. Now, if anyone would like to go continue from here.
COUNCILWOMAN COCHRAN: I would like to make comment. I have difficulty in
what we are losing control.of. The Suffolk County Water Authority has the right
at any time to come into this community~ It's not a matter of now allowing them,
because they have the right now. They could come in tomorrow. Secondly, not
only if 'we didn't invite.them in, any developer, developing land, or a subdivision
in the Town of Southold, can invite the Water Authority in themselves and legally
they have the right to do this and the Water Authority probably, after some delay,
would still be able to come in. I think that what we're looking for is supplying to
the residents of Southold the best possible water that we can. We're always talking
about health, safety and welfare. I think that our control is not through water,
but our control is through a good Master Plan and proper zoning. They could
come in tomorrow, not being invited.
SUPERVISOR MURPHY: Anyone else have any comments?
JUSTICE EDWARDS: Yes. I voted along with Jay on this resolution back in
September. I voted '~no" against it. I still feel as though the Town of Seuthold,
at the present time, does not have the expertise in water matters. There are
people out there that do. I think the Town Board is 'burdened down heavy enough
with other chores, and I think With the Suffolk County Water Authority being able
to come in here, which is giving them the carte blanche as Paul said, and I think
it's to the betterment of the community to have the experts cO~ie in with the water.
I don't think we have the experts in Town here. It would be too much of a burden
to the Town and the Town Board. Thank you, Frank.
SUPERVISOR MURPHY: Thank you. Any other comments?
COUNCILMAN STOUTENBURGH: One last one. There would be no burden as
far as financial burden goes if the Town took it over. It would pay for itself.
I think we should understand that, and no matter if Suffolk County comes in,
it's not going to cost them anythiog either. So this burden isn't there. And
as far as the expertise goes, just look at the resumes we had come in and you
see the kind of expertise are just on small little committees. I can assure you
if we asked for some expertise we could find them out there.
SUPERVISOR MURPHY: Any other comments? (No response.) Judy, the vote.
1.-Vote of the Town Board: Ayes: Councilmah Penny, CouncilWoman Cochran, Counc~, ~;
man Schondebare, Justice Edwards. No: Councilman Stoutenburgh, Supervisor
Murphy.
This resolution was declared duly ADOPTED.
FROM THE AUDIENCE: Are we allowed comment?
SUPERVISOR MURPHY:
FROM THE AUDIENCE:
SUPERVISOR MURPHY:
At the end of the meeting, sir.
At the end of the entire meeting?
Yes.
At the end of the meeting.
FROM THE AUDIENCE: What is the sense of commenting then after you've voted?
4 2
COUNCILMAN STOUTENBURGH: V~r¥~gOod~poir~t.
FROM THE AUDIENCE: Because if you've voted already my comments don't mean
a thing at the end of the meeting.
COUNCILMAN STOUTENBURGH: You're so right.
SUPERVISOR MURPHY: I think it does mean something at the end. This is how
the agenda is ....
FROM THE AUDIENCE: Would it change your vote if we were able to convince
you that there's a good reason not to do something that you want to do?
qUPFt~vI~OR MURPHY: I don't know, sir;
FROM THE AU~DIENCE: Well, this is ;important, and the reason I rise on this
because we're wrapped up in this right now witl~ Carr wanting to develop 95
condominiums in our community. He's going to have to develop a water system
in order to do this and I would like to know whether the Town is 'going to have
control over this or Suffolk County is going to be able to tell us how many
condominiums Carr is allowed to build. Now, what's the sense of me raising
this at the end of a meeting, after you've voted and said what you,,'re going to
do?
COUNCILWOMAN COCHRAN: He's out of order.
SUPERVISOR MURPHY: i'm sorry. This is the way the meeting is set up, so
I would ask you to please hold your comments until 'that time.
COUNCILWOMAN COCHRAN: May I iust add,...sir. This is a policy. Now the
last time this was voted on--and at that time I supported the policy we are now
rescinding, but I made comment that it is a policy and policies can be reviewed
and changed at any time by the Town Board. So, again, we have rescinded a
policy. We are going to put in place another policy. That do, esn't mean that
there is no opportunity for a change of policy.
FROM THE AUDIENCE: Would you just permit me to say one.more thing ....
COUNCILWOMAN COCHRAN: No, you're out of order.
SUPERVISOR MURPHY: ! would really respectfully request that you wait until
the end of the meeting. All right? Thank you. Okay, I'd like to make a
statement: It's a sad day, i think, in Southold. Slightly more ....
COUNCILMAN SCHONDEBARE: Wait a minute. We've already voted on this.
SUPERVISOR MURPHY: i'm'making a Statement.'
COUNCILMAN SCHONDEBARE: There's no motion. W~y don't you make your
statement when you do the second motion ....
SUPERVISOR MURPHY: I will'-make my statement right now.
COUNCILMAN SCHONDEBARE: .... it will get seconded and then you can read
your statement. Otherwise you're totally out of order.
COUNCILWOMAN COCHRAN: There's nothing on the floor.
COUNCILMAN SCHONDEBARE: There's nothing on the floor. You're going to
have the second resolution, so then you can make your "sad day" statement.
SUPERVISOR MURPHY: Okay. I would like to move on to the second resolution
establishing a new policy in'the Town of Southold.
Moved by Councilman Penny, seconded by Councilman Schondebare,
WHEREAS, the Commissioner of the Suffolk County Department of Health Services
has heretofore advised the Town Supervisor that in certain cases the Department
of Health Services requires that the developer of a realty subdivision provide a
central water supply system in such subdivision, and
WHEREAS, the Commissioner of Health Services has also advised the Town Super-
visor that, in_order to assure continuity of water service to such realty sub-
divisions, it is the policy of the Department of Health Services to request that
any new community water supply system be dedicated r without cost, to the Suffolk
County Water Authority, and that if 'such dedication is not feasible, that such water
supply systems be dedicated, without cost, to a Town water district, to be estab-
lished-for such purpose, and
WHEREAS, the Suffolk County Water Aut.hority has established a policy under which
all newly constructed community water supply systems intended to be conveyed to
428
MAY 6, 1986
the Water Authority and Iocatedl outside of an e~isting water franchise area, shall
be constructed by the Suffolk County Water Authority, at no expense to the Water
Au thority,
NOW, THEREFORE, IT IS RESOLVED that the Town 'Board of the T~wn of Southold
does hereby establish a policy that all newly constructed central water supply
systems located outside of an existing water fr;anchis~ area shall be constructed
by the Suffolk County Water Authority at no cost to it, and owned, operated and
managed by the Suffolk County Water Authority.
SUPERVISOR MURPHY: Any comments? (No response.) I have one. I think
it's a very sad day in Southold. Slightly more than six months after the election
two candidates who campaigned for preservation of our way of live and maintenance
of our rural character, as well as the protection of a very fragile water supply,
have sold out our Town. As Supervisor I publicly apologize to the Mayor of
Greenport,:-three memOers of the-Yqiiage Boar;d, $iii~ [v]v.se;; ~t~d 'F,~at~;< ~ear, a
very capable chairman of the Southold Town Water Advisory Committee, for the
rudeness and apparent self-interest that was show at today's work session. We
have now given up local control to the developers, local real estate dealers, and
the wealthly land speculators. The people of Southold Town were sold out today.
Thank you. Any other comments?
COUNCILWOMAN COCHRAN: I would like to say that that is your judgment that
they were sold out today.
SUPERVISOR MURPHY: It's exactly what I said. Exactly what I said~
COUNCILWOMAN COCHRAN: But that is 'your judgment.
COUNCILMAN STOUTENBURGH: He's not saying anything about that.
COUNCILWOMAN COCHRAN: Thank you.
SUPERVISOR MURPHY: Anyone else have any comments?
JUSTICE EDWARDS: One comment, Frank. ! think that probably two or three,
maybe four years ago, the Town had the opportunity to get into the water business
when Captain Kidd was looking for some help and I think if we went back to the
resolution that was shot down by the majoritY--if not six votes on the Town Board-,r--
not to go into Captain Kidd. We had the opportunity then and we didn't do it.
SUPERVISOR MURPHY: You're absolutely wrong, Ray. You're absolutely wrong.
JUSTICE EDWARDS: I'll have to see that, Frank.
SUPERVISOR MURPHY: Okay, Judy. Any other comments?
COUNCILMAN SCHONDEBARE: Yes. As I remember it, I attended a Water Advisory
Committee meeting and I was somewhat shocked to learn that the basic concept that
was being espoused at the time was that they wanted a mediocre water supply through-
out the Town of Southold. The basic concept of this mediocre water supply was to
limit density. If you have a bad water supply you can't have too much density, and
I requested if 'that was the basic theory of the Water Advisory Committee and I
believe it was published in the local papers that the Supervisor said, yes, That
was your concept. Once again you are operating under a theory that water controls
density. Zoning controls density. And ! just don't understand how anyone can
vote on a proposition for a mediocre water supply for the people of this Town. As
far as good government is concerned we're interested in good water supply for the
people of this Town, and you control your zoning--you control your density through
your zoning. And you people have the cart before the horse.
SUPERVISOR MURPHY: Couldn't disagree with you more, Jay. Nobody ever voted
for a mediocre water supply. --
COUNCILMAN SCHONDEBARE: I believe if.you read the local papers and go back
to that time you're in there repeating, yes.
SUPERVISOR MURPHY: I don't think anyone ever asked for a mediocre water
supply.
COUNCILMAN SCHONDERARE: Frank, I'll get you the copy and you can have it
on your desk.
SUPERVISOR MURPHY: Good. Judy, the vote. Any other questions?
COUNCILWOMAN COCHRAN: I would like to make comment. I would just like the
record to show that we didn't receive a call from Mayor Hubbard until almost noon,
yet it seemed that there were members of the Water Advisory Committee that came
MAY 6, 1986
in with prepared statements. I jus~L after reading in'the papers last
week that Greenport wanted to With Us, and yet we get a call
from the Mayor of Greenport an hour or so before the decision is being made.
I think there's a lack of communication. I have no difficulty with meeting with
Greenport in the future to continue to discuss in relation to water, since they
serve a different franchise area. I would iust like the record to show that.
COUNCILMAN SCHONDEBARE: ! also would like the record to show that we met
with the Village of Greenport last fall when we had the first proposition and the
amendment that we've iust stricken. And we met with them and we sat down with
them and they were split. Some of those Board members didn't want to get involved
in the management of our~water disl~ricts outside of the Incorporated Village, for
the obvious reason they didn't want the liability that goes with itJ Other members
were in favor expanding their control outside the area. But they didn't come back
o..u .... L=.. us, y~, ~'--"-~..~y ,~ ~ikC to run the operation of our water ~sf~ ets-
heard nothing from the Village since then until 'today.
COUNCILMAN PENNY: ! spoke to Jim Monsell as little as a week ago, and it was
still the policY, which he reassured me, of the Village Board that they did not have
any intention of managing any water supply systems outside of their 'franchise area.
And as you may have heard, in' this resolution we are addressin.g areas outside of
the franchise area. We don't have to do this specifihally, but I wanted to make it
a point so the Village of Greenport did not feel that we were pushing them out.
But the Suffolk County Water Authority honors the franchise area of the Village
of Greenport,__as they honor all municipal franchise areas. I put up this policy
and I would reaffirm what has been said here previously, that zoning controls the
density, not the water supply.
SUPERVISOR MURPHY: Any other comments?
JUSTICE EDWARDS: Yes, at our work session back when the airport issue was
"a hot potato", Mr. Dave Spohn came before the Board during a work session
and was refused--was, not allowed to make a speech, but then today the Water
Advisory Committee, with Mr. Bear, had a prepared speech and he was allowed
to make that speech, and I think it's dirty politics. Thank yoQ, Frank.
COUNCILMAN STOUTENBURGH: First I'd like to make sure that you all understand
that I would never vote for a mediocre water supply, and I hope you wouldn't either.
I also feel that someplace along the road here this idea that we had to act today was
imperative. That we couldn't wait 'and honor the request of our neighbors is pretty,
I think, pretty Iow. Somebody could have made a mistake. Somebody could have
forgotten something, but to turn our back and not even realize that these things
do happen, I think was very poor judgment on this Town Board's part. And where
we have to cooperate with these neighbors, and I think it's important that we do
this kind of thing, I think you turned your back on them and i think it"will show
up someplace along the way.
COUNCILMAN SCHONDEBARE: ! think we've had a f~ll disclose with the Village
of Greenport. We did it last September and up to now~ nothing has occurred. It
was the same policy we've been discussing. We've bee~i discussing whether the
Town control, the Suffolk County Water Authority controls, or would the Incorporated
Village of Greenport like ~o manage these operations. We met with them. We sat
down with them and we've never heard---and you people pushed that resolution
through. I asked for two weeks and I also asked to table the motion and no one
granted me the courtesy of even two weeks postponement on it. You passed it
then. You've heard nothing from the Village of Greenport, until suddenly today
at 12:00 o'clock in the afternoon you get a phone call. Spare me.
COUNCILMAN STOUTENBURGH: I think there was more than myself that--when
you say "you", that didn't give you the chance.
COUNCILMAN SCHONDEBARE: Paul, it's a collective "you". Not personally you.
429
SUPERVISOR MURPHY: Any other comments?
COUNCILWOMAN COCHRAN: Jus't that it came up two weeks ago and were asked
to please hold it until your return, Mr. Supervisor, and we did hold it until
today ....
SUPERVISOR MURPHY: And I thank you.
COUNCILWOMAN COCHRAN: .... and you gave little input at the meeting this
morning in relation to it. Nothing except this prepared statement tonight, but
I'm ready--! call for the vote.
SUPERVISOR MURPHY:' Judy?
2.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Justice Edwards. Noes: Councilman Stoutenburgh, SUpervisor
Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Moving on to Resolution No. 3, a trailer permit renewal.
Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the application of Ange and Barbara Boursiquot for renewal of
a single family house trail'er, permit, for trailer located at private road, off of
the north side of Main Road, Matti:tuck, New York, which permit expired on
May 4, 1986, be and hereby is granted for a six (6) month period.
SUPERVISOR MURPHy: Any quf~tio.ns? (No responses.)
3.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 4 is to authorize the installing of fencing around
the police impound area.
Moved by Councilman Stoutenburgh, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Police Chief H. Daniel Winters to eng.age the services of Twin Fork Fence
Company tO insta!l_ .fencing around the impound area, at the Southold Town Police
Headquarters, at a cost not to exceed $2,100.00; said expenditure to be made
from A1620.4, Buildings, Contractual.
SUPERVISOR MURPHY: Any questions? (No response.)
4.-Vote of the Town Board: Ayes: Councilman Penny, CouncilWoman Cochran, Council-~
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This :resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 5 is 'to advertise for resumes.
5. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran0 it was
RESOLVED that the Town Board of the Town of Southold hereby~ authorizes and
directs the Town Clerk to advertise for resumes for part-time Relief Public Safety
Dispatchers (Radio Operators) for the Southold Town POlice Department, available
for work around the clock and on short notice; $6.00 per hour.
5.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 6 is'to authorize the execution of an agreement.
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 Francis J. Murphy to execute an agreement between the County
of Suffolk and the Town of Southold for the (~peration' of a Home Aide Program for
the Elderly, for the contract period April 1, 1986 through March 31, '1987;. net
reimbursable amount: $20,819.00.
SUPERVISOR MURPHY: Any questions? (No response.)
6.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh~, Justice Edwards, Supervisor Murphy.
This resolution_ was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 7 is to reappoint Marie Helinski as a Bookkeeper
for the Adult Day Care Center Program, effective April 16, 1986 through April
15, 1987, at a salary of $900.00 per year. I offer that resolution.
7. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints Marie
Helinski as a Bookkeeper for the Adult Day Care Center Program~' effective April
16, 1986 through April 15, 1987, at a salary of :$900.00 per annum.
7.-Vote of the Town Board: -Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 8 is to amend a prior resolution.
8. Moved by Councilman Penny, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby amends their
431
MAY 6, 1986 ~.
Resolution No. 15, adopted on A. pril.8, 1986, appointing Elizabeth Poh as a
Registered Nurse for the Alzheimer!s~?Da~i~,a:re Center, to read: Appoints
Elizabeth Poh as a Home Health Aide for the Alzeheimer's Day Care Center.
8.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number, 9 is to accept a proposal of Hoppy's C!eaners.
9. Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
proposal of Hop. p¥'s Cleaners Inc., Greenpo,r,t, for cleaning the uniforms of
the members of the Southold Town Police Department for the period from May
1,1 986 through December 31, 1986, at the following prices:
$ .65 Unitorm Irousers No Charge - Jacket Liners
$ .17 Uniform Long Sleeve Shirts No Charge - Uniform Sweaters
$ .70 Uniform Jackets No Charge - Neckties
$ .54 Eisenhower Jackets No Charge - Hats
$1.24 Outer Jackets
9.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edward-s,-'"-Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 10.
10.
Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Robert
J. Douglass as a member of the Southold Town Board of Appeals, for a five year
term to expire on April 19, 1'991.
COUNCILMAN SCHONDEBARE: I move the r~esolutiori be tabled for two weeks.
Table--Moved by Councilman Schondebare, seconded by Councilwoman C6Chran, it was
Resol. RESOLVED that Resolution No. 10, app.9,.!ntment of a member c~f the Board of
No. 10 the Board of ~ppeals, be and hereby is TABLED for two weeks (to May 20, 1986).
Vote of the Town Board: Ayes: Councilman Penny, Counciiw, oman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards,- No: Supervisor
Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 11 we're holding (sale by the Town of the Morbark
Super Beever ChipPer). Number 12 is to accept a proposal to refurbish some buoys.
12. Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
proposal of Pirates Cove Marine, in the amount of $1,,100.00, to refurbish twelve
(12) marker buoys, fiberglas the damaged buoys, paint, examine all lines, chainS
and anchors, and repair as required, place reflective tape on buoys, prepare four
(4) new marker buoys, place all marker buoys in West Harbor, Fishers Island, at
locations designated by the Harbormaster, remove and store all marker buoys at
the end of the 1986 boating season.
12.-Vote of the Town Board: Ayes: Councilman Penny, CouncilWoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 13 is to authorize a transfer of funds.
13. Moved by Councilwoman Cochran, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
transfer of $10,950.00 from Continqent A1910o4, into Assessors Equipment A1355.2,
to pay for the new 7-passenger van for the Assessors.
13.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 14 is to accept a bid.
14. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of Tryac Truck & E.quipment Co., Inc. for supplying the Town with one (1) Case
IH 585 Tractor, with Mott 74" .Ri,~lht Side Interstater Mowinq Tractor, at the bid
price of $21,353.95, all in accordance with the Specifications for Bid.
14.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 15 is'Southold Town is 'going to become famous.
We're going to be in a movie. Grant permission to use part of Oregon Road for
a movie.
432
15.
MAY 6, 1986
Moved by Councilwoman Cochran, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to David Wesley Wachs to use a partion of Oregon Road· Mattituck, -from May 8
through May 11, 1986, for the purpose of filming "The Hitchhikers", a short film,
provided there is no unreasonable interruption of traffic on the highway, and
provided Mr. Wachs securs and maintains the proper insurance to hold the Town
of Southold harmless.
COUNCILMAN SCHONDEBARE:
about it. The~ total length of this film is approximately 11 minutes.
rush down there to try to be in the movies.
I wouldn't suggest anybody get overly excited
I wouldn't
SUPERVISOR MURPHY: No bit parts?
COUNCILMAN SCHONDEBARE: No bit parts.
TOWN CLERK TERRY: There are only two characters in the whole movie.
COUNCILWOMAN COCHRAN: And it will probably take five days.
15.-Vote of the Town Board: Ayes: Council~ian Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 16 is to execute another agreement.
16. Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis J. Murphy to execute an agreement between the Town
and Myrtle Kiefer, Certified Court Report, who will personally, or by her agent,
provide court reporting services to the Southold Town Justice Court for the period
January 1, 1986 through December 31, 1986; fee schedule all in accordance with
the aforesaid agreement.
16.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 17 is to authorize the dredging of the mouth
of James Creek.
17. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran,
WHEREAS, the Town of Southold has requested the County of Suffolk to dredge
a naviqation channel in James Creek, Town of Southold; and
WHEREAS, the County of Suffolk proposes to do said dredging of James Creek,
in the Town of Southold at a nominal cost to the Town of Southold; and
WHEREAS, in order to accomplish said dredging, plans, specifications, agreements
and other documents must be executed on behalf of the Town of Southold;,and
WHEREAS, this approval shall remain in effect for the period of the required
permits (Expiration Date: August 1.995); now, therefore, be it
RESOLVED that the S~pervi~r be and he hereby is authorized to execute, on
behalf of the Town of Southold, all necessary plans and specifications, spoil area
.agreements, assurances to the County of Suffolk, license and/or dredging permit
applications to Federal and State Aqencies; and all other documents that may be
~-equired to accomplish said'dredging work.
17.-Vote of the Town Board:
Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly. ADOPTED.
SUPERVISOR MURPHY: Number 18 is to execute a Change Order.
18. Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED th_at the Town Board of the Town of Southold hereby authorizes and
directs
Supervisor
Francis
Murphy to execute Change Order No. 3, Fishers
Island Wastewater Treatment Facility, contra'ctor: AMMA Construction Corporation,
for an extension of the contract c~)mpletion date due to supplier delivery of
generator, for an additional thirty-one (31) days; net cost resulting from this
Change Order is zero (0).
18.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-:
man Schondebare, Councilman Stoutenburgh, Justice Edwardsw Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 19 is to appoint two mosquito people on Fishers
Island.
Rescinded June 17, 1986 by Resolution #19
19. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby .appoints Alexandra
Kendall, Fishers Island, and Greg Thib0deauw Fishers Island, as seasonal employees
MAY 6, 1986
to apply safe BTI mosquito larvacid~d~:[,~Fishers Island, at a total cost not to exceed
$7,000.00 for both employees, for the months of May through September; said
employees to submit timesheets for payment at a rate of $6.25 per hour.
JUSTICE EDWARDS: Comment on that, Frank. It's $6.25 per hour. If you could
count all the mosquito bites these people at the end of the season...boy.
COUNCILWOMAN COCHRAN: It's worth every cent?
JUSTICE EDWARDS: I guess it is~ Thank you.
SUPERVISOR MURPHY: Any other questions? (No response.)
19.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man ~cnonc~eloare, Councilman Stoutenburgh, Justice Edwards,
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 20 is to appoint summer help for the Building
Department.
20. Moved by Councilman Penny, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby- appoints Eileen
Department for the summer season,
M. Care¥ as a Clerl< Typist for the Buildin~
effective May 19, 1986' through September 9, 1986, at a salary of $5.50 per hour.
20.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This ~ resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 21 is to amend a prior resolution.
21. Moved by Councilman Schondebare, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby amends their
Resolution No. 17, adopted on April 22, 1986, appoin_ti_n_g Suzanne Walden as a
Clerk Typist for the building Department for the summer season, at a salary of
%5.00 per hour, to read: at a salary of,~$5.50 per hour.
21.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justic~ Edwards~ Supervisor Murphy.
This ~ resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 22 is to allocate funds.
22. Moved by Councilwoman Cochran, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby allocates $400.00
from Band Concerts, Contractual A7270.4, for expenses incurred with respect to
the Northeast Stage Production of Mark Twain's: Mississippi ~lud, to be performed
during ~he summer months. .~
22.-Vote of the Town Board: Ayes: Councilman Penny; Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, SupervisOr Murphy.
This resolution was declared duly ADOPTED. -
SUPERVISOR MURPHY: Number 23(a) is to appoint a Traffic Warden.
23. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it ~was
(a) RESOLVED ~hat the Town Board of the Town of SOuthold hereby appoints Mark
Zaleski as a Traffic Warden, effective immediately, at a salary of $5.50 per hour.
23.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-~
(a) man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 23(b) is to appoint a Provisional Traffic Control
Officer.
Amended July 14, 1986 by Resolution #6
23. Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare, it was
(b) RESOLVED that the Town Board of the Town of Southold hereby ap. points Peter
Grattan, Sr. as a Provisional Traffic Control Officer, effective immediately at a
salary of $6.50 per hour.
23.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
(b) man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
COUNCILMAN STOUTENBURGH: I might add that by the statement in there, "effective
immediately" doesn't mean they're going to work immediately. It means when they
start to work actually. They work in the summertime.
SUPERVISOR MURPHY: This is a parking lot control person. Number 24 is to
declare ownership of an abandoned boat.
24.
Moved by Councilman Schondebare, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby declares owner-
ship of one (1) Well Craft 19'6" boat, which was found washed ashore approx-
imately 200 ft. east of Bay Avenue, Mattituck, on October 3, 1980; subsequently
impounded by the Southold Town Police Department when they were unable to
determine ownership; and has been the property of the Town of Southold since
that date.
SUPERVISOR MURPHY: This boat is being traded in. it was useless and it was
in the impound area and we are just trying to clean the impound area up~ Judy.
24.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Coun~'r~!
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Superviso.~ Murphy.
SUPERVISOR MURPHY: Number 25 is to authorize an agreement on Fishers Island.
25. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Board of Commissioners of the Fishers Island Ferry Distric-t-to-enter into an
agreement between the Ferry Distric[ and Wilfred J. Doucette, Sr. and Shirley
Doucette, Fishers Island, for the lease of Building No. 240, a Cape Cod dwelling
located on the north side'of Wl~i's[ler Avenue, Fo~'t Wright, Fishers Island, for a
term of one (1) year, with options to renew -annually for an additional four (4)
years, at a lease fee of $5,400.00 per annum, payable in' installments of $450.00
per month.
25.-Vote of the Town Board: Ayes: Councilman Per, ny, CouncilWoman Cochran, Council-'
man Schondebare, Councilman St0utenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHYi: Number 26 is to authorize the execution of another
agreement.
26.
Moved by Justice Edwards, seconded by Supervisor Murphy?it was
RESOLVED that the Town Board of the Town of Southold her,e,.by authorizes and
directs Supervisor Francis J. Murphy to execute an agreement between the Town
and Steve Malinowski PhD. to perform Assistant Bay Constable serv.ces for the
Town of Southold, for the period commencing on June 15, 1986 and ending on
September 15, 1986, he to furnish a suitable boat, together with the necessary
outboard motor and required equipment and fuel for the operation of said boat
during the term hereof and to be responsible for any and all expenses for the
repair and maintenance of said equipment; the Town to pay Mr. Malinowski a
total of $1,000.00 for his services.
JUSTICE EDWARDS: And I'd like to add also that Steve Malinowski is a clam
farmer on Fishers Island and right around the first ~f the year he completed
his PhD. in Aquaculture at the University of Connecticut, and he's a well
rounded young man. Thank you, Frank
26.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
SUPERVISOR MURPHY: Number 27 is to set salaries for Lifeguards and Beach
Attendants.
27. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby sets the fo]low-
in~g wage .scales for Li.feguards and Beach Attendants, effective immediately:
Lifeguard Salaries Beach Attendan~ Salaries
.Y. ear No. Per Hour Waqe Year No. ' Per Hou~ Wage
1 ............... $5.00 I ...... ~. ' $4.0§
2 ............... $5.2~ 2 ................ ~4.20
3 ............... SS. 50
4 ............... ~5.75
3 ................ $4.35
4 ................ ~4. so
5 ............... $6.00 5 ................ $4.65
and be it further RESOLVED that this resolution supersedes Resolution No. 25(b)
and 25(c) adopted by the Southold Town Board on June 8, 1987, and be it further
RESOLVED that Lifeguards and Beach Attendants shall be given credit for years
of service if they transfer from a Park District to the Town of Southold.
SUPERVISOR MURPHY: Any questions? (No response.)
27.-Vote .of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was dec~lared duly ADOPTED.
SUPERVISOR MURPHY: Number 28 is to' accept a resignation.
MAY 6, 1986
435.
28.
Moved by Councilwoman Cochran, secon~ by Councilman Penny, it was
RESOLVED that the Town Board o~' ~he~'TSwn'of Southold hereby accepts the
resignation of Violet Reich, Home Aide, for the Southold Town Home_Aide/Chore
Program, effective March 10, 1983.
COUNCILWOMAN COCHRAN: This 'is to clear up some of our bookkeeping. The
resignation was never, evidentially, submitted and she has never been removed
from the payroll, although she has not been paid. So we have to pass a resolution
so we can get her out of the bookkeeping downstairs.
28.-Vote of the Tow..n_. Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schor~debare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR'MURPHY: Number 29 is to accept the dedication of Wendy Drive,
which is down off Peconic Bay Boulevard in' Laurel.
29.
Moved by~ Supervisor Murphy, seconded by Councilman Schondebare,
WHEREAS, W.D. Associates has made application to the Town Board of the Town
of Southold to dedicate a certain road in Laurel, New York, known as WENDY
DRIVE, as shown and designated on a certain map entitled, "Map of Wendy Drive,
Town of Southold, Suffolk County, New York, surveyed by Young and Young,
Professional Engineer :and Land Surveyor, Riverhead, New York, dated February
14, 1985, and
WHEREAS, the Southold Town Superintendent of. Hig. hways has inspected said
highway and has advised the Town Board that he determines and orders that
said highway shall be laid out in the Town,
NOW, THEREFORE, BE IT RESOLVED that in accordance with Section 171 of the
Highway Law of the State of New York, consent be and the same is given to the
Superintendent of Highways to make an order laying out the aforesaid highway,
to consist of lands described in said application as shown on certain maps attached
to said application, and
BE'IT FURTHER RESOLVED that the Town Clerk be and she hereby is authorized
and directed to forthwith cause the dedication, release and deed to be recorded
in the Office of the Clerk of the County of Suffolk, New York.
.29.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 30 is a resolution to create the Wendy Drive Road
Improvement Dis[rict. I offer that resolution.
30. _M_o_v_e_d__b_~/__S_ujp_e_Ev_is_o_r__M__u_rp_h_y_,__s_~9~_~_~p~ilman Penny,
In the Matter :
of the :
Petition of the OWners of more than one-half : RESOLUTION FOR
of the Real Property fronting on WENDY DRIVE : STREET IMPROVEMENT
for the i_m~_rovement of said street. :
WHEREAS, a written petition dated October 19, 1984, was duly filed with this
board requesting the permanent improvement of highways in this Town known
as Wendy Drive and described as follows:
All that .certain piece or parcel of land, with the buildings and
improvements thereon erected, situate; lying and being at Laurel, Town
of Southold, County of Suffolk and State of New York, known and
designated as "Wendy Drive", and bounded and described as follows:
BEGINNING at a point on the northerly side of Peconic Bay
Boulevard at the extreme westerly end of an arc of curve connecting the
westerly side of Wendy Drive with the northerly side of Peconic Bay
Boulevard; running thence' along land now or formerly of Ellen M.
Rraunstein, along an arc of curve bearing to the left whose radius is
34.86 feet, a distance of 42.38 feet; thence still along land now or
formerly of Ellen M. Braunstein and'along land now or formerly of Bruce
Rechard and Kathleen A. Deyoung North 20 degrees 19 minutes 00
seconds West 208.93 feet; thence still along land now or formerly of
Bruce Rechard and Kathleen A. Deyoung, ' and along land now or
formerly of Herbert R. Holmes along an arc of curve bearing to the
right whose radius is 73.46 feet, a distance of 96.16 feet; thence still
along land now or formerly of Herbert R. Holmes along an arc of curve
bearing to the left whose radius is 36.50 feet, a distance of 28.46 feet;
thence ~he following two courses and distance along land now or formerly
of Paul and Ellen Kelsch; (1) along the arc of curve bearing to the right
whose radius is 50.00 feet a distance of 38.99 feet; (2) North 54 degrees
41 minutes 00 seconds East 61.01 feet; thence along land now or formerly
of Georgia S. Reeve, South 35 degrees 19 minutes 00 seconds East
100.00 feet; thence the following four courses and distances along land
436
MAY 6, 1986
now or formerly of Ray S. and Karen Williams; (1) South 54 degrees 41
minutes 00 seconds West 61.01 feet; (2) along an arc of curve bearing to
the right whose radius is 50.00 feet, a distance of 38.99 feet; (3) along
an arc of curve bearing to the left whose radius is 36.50 feet, a
distance of 28.46 feet; (4) along an arc of curve bearing to the left
whose radius is 23.46 feet, a distance of 30.71 feet; thence still along
land now or formerly of Ray S. and Karen Williams and along land now
or formerly' of Martin C. and Mildred Nelson, South 20 degrees 19
minutes '00 seconds 'East 192.00 feet; thence still' along land now or
formerly' of Martin C. and Mildred Nelson, along an arc of curve bearing
to the left whose radius is 17.93 feet, a distance of 34.02 feet to a point
on the northerly' side of Peconic Bay Boulevard; thence along the
northerly side of Peconic Bay BoUlevard, South- 50 degrees 59 minutes 00
seconds West 102.79 feet to the Point and place of beginning.
WHEREAS, said petition was (Juiy ~i~ll~ed by owr]ers o~ reai estate owning
real estate to the extent of at least one-half of the entire frontage or bounds on
both sides of such highway and also signed by resident owners owning not less
than one-half of the frontage owned by resident owners residing in or along such
highway, and
WHEREAS, the said petition was duly acknowledged or proved as to each
signer in the same manner as required of a deed to be reCOrded, and
WHEREAS, at a meeting of said Town Board duly called and held on March
26, 1985, an order was duly adopted .by it-and entered in'its minutes, recitinq
the filin9 of such petition, the improve~nentJ proposed and the ma~'J~um amount
proposed to be expended for the improvement as stated in such' petition, to wit,
the sum of $6,000.00 and specifying that the said board would meet to consider
the petition and hear all persons interested in-the subject thereof concerning
the same, at the Southold Town Hall, at Southol~l in said 'Town on the 23rd day
of April, .1985, at 3:30 o'clock in'the afternoon of_ that day for the purpose of
considering the said petition and hearing all perso'ns interested in the subject
thereof concerning the same, and
WHEREAS, the said order, duly certifi~l by the Town Clerk, was duly
published and posted as required by law, and copies Of such order posted
conspicuously in five public places within the distric[, and
WHEREAS, a hearing was duly held !by this Town Board at the place and
on the date and time hereinbefore mentioned, and at .such pl~ce and time, the
said Town Board did duly consider the said petition and hear all persons interested-,
NOW, THEREFORE, after such hearing and upon evide~nce given thereat and
pursuant to the provisions of Section 200 of the Town Law of the State of New
York, it is hereby - ~,
RESOLVED that this board does hereby determine that it is in the public
interest to make the improvements petitioned for, to wit: The permanent paving
of the. highway set forth in said petition and the construction of such curbs,
.gutters, catch basins and drainage facilities as may be necessary; and it isfurther
RESOLVED that John W. Davis, as engineer f~)r the To~;'~, shall prepare
definite plans and specifications and make a careful .,estimate of the expenses for
the performance of the work; and 'it is further
RESOLVED that Young & Young, Civil Engineers, who are hereby employed
for that purpose shall survey said'highway and establish the lines and grades
thereof and such survey and a profile,of the grade-shall be filed in the Town
Clerk's Office; and it is further
RESOLVED that upon the completion of the aforesaid plans, specifications,
estimate of expenses, survey, and profile of the grades, that the Superintendent
of Highways perform said work by using regular highway employees and that the
cost thereof to be deemed a part of the expense of the improvement.
30.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Coc.hran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 31 is to transmit a proposed Local Law.
31. Moved by Councilman Schondebare, Seconded by Councilman Penny,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local Law entitled, "A Local Law in relation to Bed and Breakfast
Facilities", 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 Planninq 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. 1986
A Local Law in relation to Bed and breakfast facilities
BE IT ENACTED by the Town Board of the Town of Southold as follows:
(additions indicated by underline; deletions by [brackets])
Chapter 100 (Zoning) of the Code of the Town of Southold is amended
as follows:
Subsection 14 of section 100-30B, as added by local law No. 1, 1986,
is hereby renumbered subsection I5.
MAY 6, 1986
II. Section 100-30B thereof (Special Exception uses in "A" Districts)
is amended and a new subsection (16) is added to provide as follows:
B. Uses permitted by special exception b'y the Board of Appeals.
The following uses are permitted as a special exception by the
Board of Appeals; as hereinafter provided, and, except for
the uses set forth in subsection (16) hereof, are subject to
site plan approval by the Planning Board in accordance with
Article XIII hereof:
(16)
The rentin9 of.not, more.than three (3) rooms in an owner
-- occupied dwelling for lodging and serving of breakfast
to not more than six (6) casual and transient roomers,
]provided that the renting of such rooms for such purpose
is Cleary ncidental and subordinate to'the pr nci~ai ~se
of the al.welling, subject to, the following requirements:,
(a)
That adeouate off-street parking spaces shall be
provided for such rented rooms in addition to parking
s,paces for the use of the family of the owner.
III. Subsection (1) of section 100-40B (Special Exception uses in "M"
Districts) is amended to read as follows:
IV.
- (1) Any special exception use set forth in, and as ,regulated
by [,] section 100-30B of this chapter except ~hat the
use set forth in section 100-30B[~6) shall not'~equire site
plan approval.
Subsection (1) of section 100-50B (Special Exception uses in "M-
1" Districts) is amended to read as follows:
(1) Any special exception use set forth in, and as regulated
by [,] section 100-30B of this chapter except that the
use set forth in section 100-30B(16) shall not require site
plan approval.
Section 100-60B thereof (Special Exception uses in "B" Districts)
is amended and a new subsection (2) is added to provide as follows:
Be
Uses permitted by special exception by the Board of Appeals.
The following uses are permitted as a special exception by the
Board of Appeals, as hereinafter provided,and, except for the
uses set forth is subsection (2) hereof, are subject 'to site plan
approval by the Planning Board in accordance with Article XIII_
hereof:
(2) Special exception uses set forth in, and as regulated
section 100-30B(16) of this chapter.
VI. Section 100-70B thereof (Special Exception uses in "B-I" Districts)
is amended and a new subsection (7) is added to provide as follows:
Uses permitted by special exception by the Board of Appeals.
The following uses are permitted as a special exception by the
Board of Appeals, as hereinafter provided, and, except for
the uses set forth in subsection (7) hereof, are subject to site
plan approval by the Planning Board in accordance with Article
XIII hereof.
(7) Specia! exception uses set forth in, and as regulated by
section 100-30B(16) of this chapter.
VII. Section 100-80B thereof (Special E.xception uses in "C" Districts)
is amended and a new subsection (18) is added to provide' as follows:
Bo
Uses permitted by special exception by the Board of Appeals,
as hereinafter provided, and except for the uses set forth in
subsection (18) hereof, are subject to site plan approval by
the Planning Board in accordance with Article XIII hereof.
(18) Special exception uses set forth in, and as regulated by
section 100-30B(16) of this chapter.
437
VIII.Section 100-90A thereof (Special Exception uses in "C-1" Districts)
is amended and a new subsection (48) is added to provide as follows:
Section 100-90. Use regulations.
438
MAY 6, 1986
A.
In the C-1 District, buildings and premises may be used for
any lawful purpose, except that no building and/or premises
shall be used for [dwelling, boarding and tourist home,] hotel,
motel or tourist camp purposes, and the uses hereinafter set
forth are permitted only by special exception by the Board of
ApPeals, as hereinafter provided, and, except for the uses
set forth in subsection (48) hereof, are subject to site plan
approval by ,the Planning Board in accordance with Article XIII
hereof:
-(48) Special exception uses set forth in, and as regulated by
section 100-30B(16) of this chapter.
IX. This Local Law shall take effect upon its filing with the Secretary
.... ~of State~ . ' '
31~-V~t-e~'~f"~'he Town Board: Ayes: · Councilman Penny, Councilwoman Cochran, coun~.flL
man Schondebare, Councilman StOutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR,MURPHY: Number 32 is to rescind a prior resolution.
32. Moved by Councilman Penny, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereb~ .r,,e~.cinds their
Resolution No. 21, adopted on' March 25, !986, authorizing the Town Clerk to
advertise for bids for the repair and resurface of Traveler Street, Traveler Street
Extension and Beckwith Avenue, Southold.
32.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This:resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 33 is to advertise-for bids.
33. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for "bids for an annual dontract to furnish
and place asphalt concrete Within the Town of Southold, as may be required,
~or a period of one (1) year.
33.-Vote of the Town Board: Ayes: Councilman Penny; Councilwoman Cochran, Counr"~-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy,
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 34 is to declare the Town Board lead agency.
34. Moved by Justice Edwards, seconded by Counci~lman Stoutenburgh, it was
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 the petition of Richard Walsh for a ch.an~]e of zorie from "A" Residential and
Agricultural District to "B-1i'' 'General Business District on certain property located
on the northerly ~i'd'~ of Main Road "(NYS Route 25), west of Cox's Lane, Cutchogue,
New York, consisting of 1.2 acres.
34.-Vote of the Town Board: Ayes: Councilman Penn~, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 35 is to transmit a ~hange of zone petition.
35. Moved by Councilman Penny, seconded by Justice Edwards~
WHEREAS, a petition has been received from Richard Walsh, requestin~ a chan~]e
of zone, on certain property at Cutchogue, New York, from ~'A" Residential and
Agricultural District to "B-I" General Business District, now, therefore, be it
RESOLVED that the Town Clerk be and she hereby is authorized and directed to
transmit said petition to the South01d Town Plannincl Board' and Suffolk County
Department of P annin9 for their recommendations, all in accordance w.th the
'(~de of l~he Town of S~uthold and the Suffolk county Charter.
35.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Cou~¥~-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
36.
SUPERVISOR MURPHY: Number 36 is to set a public hearing.
Moved by Councilman Stoutenburgh, seconded by Supervisor Murphy,
WHEREAS, there was presented to the Town Board of the Town of Southold,
on the 22nd,day of April, 1986, a proposed Local Law entitled, "A Local Law
in, relation to fees for the demolition or relocation of buildinc~s", and
WHEREAS, this proposed Local Law has been transmitted to the Southold Town
Planning Board and Suffolk County Department of Planning, and recommendations
with respect to same have been received, now, therefore, be it
439
RESOLVED that the Town Boa~d~ ~r~b~,.~ets 8:,,00~P.M., Tuesday, M. ay 20, 1986,
Southold Town Hall, Mare Road, Southo]d, New York, as time and place for a
public heaving on said'proposed Local Law, which reads as follows, to wit:
LOCAL LAW NO. - 1986
A Local Law in ~elation to fees
fo~ the demolition oF relocation of buildings
BE IT ENACTED by the Town BoaFd of the Town of 5outhold as follows:
(additions indicated by underline; deletions by [bFackets])
I. Section 10~1~1J[g) (fees) of the Code of the Town of Southold is amend~
to read as follows: ·
(g) Demolition and/or removal and/or relocation of any building: [one
hundr~ dollars ($100.}] ten ~($10.) dollars minimum, and five
(~.05) cents for each square foot in excess of three hundred
(300)..~quare feet o{ floor area.
il. -I Ris Locai Law snail take effect upon its filing with the Secretary of State.
COUNCILMAN SCHONDEBARE: I'd just like to say that this is one of those fees
that's actually going down, rather than up. We're reducing it.
SUPERVISOR MURPHY: And the purpose of it is we're asking people to get rid
of eyesores. We don't want to charge them for it if they want Lo get rid of them.
36.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 37 is to set another public hearing.
37. Moved by Justice Edwards, seconded by Councilwoman Cochran,
WHEREAS, there was presented to the Town Board of the Town of Southold,
on the 22nd day of April, 1986, a proposed Local Law entitled, "A Local Law
in relation to Accessory Apartments in existing dwellings", and
WHEREAS, this proposed Local Law has been transmitted to the Southold Town
Planning Board and Suffolk County Department of Planning, and recommendations
withr espect to same have been received, now, therefore, be it
RESOLVED that the Town Board hereby sets 8:05 P.M., Tuesday, May 20, 1986,
Southold Town Hall, Main' Road, Southold, New York, as time and place for a
public hearing on said pr.op, osed Local Law, which reads as follows, to wit:
LOCAL LAW NO. 1986
A Local Law in relation to
Accessory...Apar. tm.ents in. ex!sting dwellincjs
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 100-30B, Subsection (15) as added by Local Law No. 1, 1986, is amended
by adding a new paragraph thereto to be paragraph (p) to read as follows:
(p) Approval by the Suffolk County Department .of Health Services of the
water supply and sewage disposal systems
37.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice .Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 38 is to help the Coop Extension Service put
on a Nutrition Program for the Fishers Island School.
38. Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby agrees 'to assume
the airfare costs for transporti.n._g .u.p to thr:ee (3) individuals from the Suffolk
Coun_l~y .Cooperative Extension Office to Fishers Island for one (1) day during the
week of May 13 through '26, 1986, for five to six hours, to cjive a Nutrition Proqram
presentation to Kinde. rgarten' .thrpucjh Grade 3 teachers and students at the Fishers
Island School.
38.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman StoUtenburgh, Justice Edwards, Supervisor Murphy.
This'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 39 is to tl~ansmit a proposed Local Law.
39.
Moved by Councilwoman Cochran, seconded by Councilr~an Penny,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local Law entitled, "A Local Law to make .provision for Affordable
Housincj for moderate income families', 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 P]annincj. Board and Suffolk
County Department of Plannincj, all in accordance with the Code of the Town of
Southold and the Suffolk County Charter. Said proposed Local Law reads as
follows, to wLt:
LOCAL LAW NO. - 1986
A Local Law to make provision for
Affordable Housin~l for moderate income families
BE IT ENACTED by the Town Board of the Town of Southold as follows:
440
MAY 6, 1986
Section 100-20 (District Designations) of Chapter 100 (Zoning) of the
Code of the Town of Southold is amended by adding thereto the following
new district, designation:
F. AHD - Affordable Housing District
I1.
Chapter 100 (Zoning) of the Code of the Town of Southold is amended
by adding thereto a new article, to be Article 'V A, to provide as
follows:
ARTICLE VA
AFFORDABLE HOUSING DISTRICT
Section 100-55.1. Purpose.
The purpose of the Affordable Housing District is to provide the opportunity
within certain areas of the 'Town for the development of high density housing
for families' of moderate income.
Section 100-55.2. Definitions.
For the purpose of this Article, the following terms, phrases~and words shall
have the following meaning:
CONSUMER PRICE INDEX - The Consumer Price Index as published by
the United States Department of Labor~ Bureau of Labor Statistics for
the New York Metropolitan area.
DIRECTOR - The Director of CommUnity'Development for the Town of
Southold.
MODERATE INCOME FAMILY - A family whose aggre~gal~e annual income,
including the total of all curren't annual income of~ all family members
(excluding the earnings of working family members'under age 21) from
any source whatsoever at the time of application for the purchase or
lease of an affordable housing unit or the purchase of an unimproved
affordable lot,-does' not exceed $39,000.00, which ~nnual income shall be
revised each year on January 31st to conform to the previous year's
change in the consumer' price index.
MODERATE INCOME FAMILY DWELLING UNIT- A dwelling unit reserved
for rent or sale to a moderate' income family and for which the
maximum monthly rent (excluding utilities) or the maximum initial sales
price does not exceed the maximum rent or maximum sales price set forth
in Section 100-55.7E hereof. ~
MODERATE INCOME FAMILY UNIMPROVED LOT - An unimproved lot
reserved for sale to a moderate income ~'family, and for which the
maximum initial sales price, inclusive of~.-the cost of providing public
water and/o~ public sewer service to' the lot, does not exceed the maximum
sales ~)rice set forth in Section 100-55.7E hereof.
PERMANENT FIXED IMPROVEMENT - An improvement to a lot or a
moderate income family dwelling unit which cannot be removed without
substantial damage to' premises' or total loss of value of' said
improvements.
Section 100-55.3. Applicability.
AHD Districts shall be established by application to.the Town Board pursuant to
the procedures' hereinafter specified, on parcels of land located within the
following areas:
Ao
CJ
Do
Land within a one-half (½) mile radius of the post offices located in
the hamlets of Mattituck, Cutchogue, Peconic and South01d;
Land within one-quarter (¼) mile radius of the post offices located in
the hamlets of East Marion and Orient.
Land within one-quarter (¼) mile of the boundaries of the Incorporated
Village of Greenport.
Land in such other' areas as shall be designated by Town Board
resolution after' a public hearing thereon, upon ten (10) days notice
thereof by publication in the official Town newspapers.
MAY 6, 1986
441
Section 100-55.4. Use Rec~ulatio~s. ~
In the AHD District, no building or premises shall be used, and no building
or part of a building shall be erected or altered which is arranged, intended
or designed to be used, in whole or in part, for any use except the
following:
A. Permitted uses.
1. One-family detached dwelling
2. Two-family c:wellin
3. Multiple dwellings.
B. Accessory uses.
Accessory uses as set forth in and regulated by Section 100-30C (1),
(2), (3), (4), (6) and (7) of this Chapter'.
Section 100-55.5. Bulk Area & Parking Requirements~
No building or premises shall be used and no building or part thereof shall
be erected or altered in the AHD District unless the same conforms to the
following Bulk, Area & Parking Schedule.
BULK, AREA & PARKING SCHEDULE
Minimum Single Family Two-Family Multiple
Requirements Dwellinqs Dwellinc~s Dwellinqs
Total lot area (sq. ft.} 10,000 20,000
Lot Width (ft.) 80 100
Lot Depth (ft.) 100 140
Front Yard (ft.) 35 35
One side yard (ft.) 15 15
Both side yards (ft.) 25 30
Rear yard (ft.) 35 35
Livable floor area (sq. ft. per dwg) 850 600
Off-street' parking spaces (per dwg) 2 2
Land area (sq.ft..) per. dwg. unit 10,000 10,000
Maximum Permitted Dimensions
Lot coverage (percent)
Building height
Number of stories
40,000
150
200
45
20
40
45
600
2
10,000
20 25 25
35 35 35
2~ 2½ 2½
Section 100-55.6 Application Procedure
A. Application Procedure.
The procedure for planning and zoning approval of any future proposed
development in an AHD District shall involve a two-stage review process
as follows:
(1)
{2}
Approval of a preliminary development concept plan and the zoning
reclassification of a specific parcel or parcels .of land for
development in accordance with that plan by the Town Board; and
Ap--proval of a final, detailed site plan, and subdivision plat
approval, if required~, by the Planning Board.
B. Application to the Town Board for rezoning approval.
442
MAY 6, 1986
Four (4) copies of the application for the establishment of an AHD
District shall be filed with the Town Clerk who shall submit a copy to
the Town Board at its next regular scheduled meeting. The application
shall contain at least the following information:
(1)
(2)
The names and addresses of the property owners, and all other
persons having an interest in the property; the name and address
of the applicant (if not the owner); the names and addresses of
a~ny planners, engineers, architects~ surveyors, and all other
persons or firms engaged or proposed to be engaged to perform
work and/or services with respect to the project described in the
application.
If the applicant is not the owner of the property., written
authorization of *~ .......
submit the application on behalf of the owner or owners.
(3) A written statement describing the nature of the proposed project,
and how it will be designed to fullfill the purposes of this Article
(including its consistency with the Town Master plan); an analysis of
the site's relationship to adjoining properties,, aod the surrounding
neighborhood; the availability' and adequacy of community facilities
and utilities,- including public water and public sewer systems, to
serve the needs of the project and the residents therein; the safety
and capacity of the street system in the area in relation to the
anticipated traffic generated, and such other information as deemed
necessary by the Town Board and/or the Planning Board to enable
them to properly review and act upon the application.
(4) A written statement describinq the 'proposed method of ownership,
operation and maintenance of ~11 proposed common utilities, fncluding
public water and sewer facilities, and open land located within the
proposed development.
(5) A preliminary development iconcept plan for the proposed project,
drawn to a convenient scale, and including the following information:
(a) The total area of the property' in acres and' square feet.
(b) A map of existing terrain conditions, including topography with
a vertical contour interval of no more than two (2)~ feet,
indentification of soil types (including wetlands), existing
drainage ' features, major rock outcroppings, the extent of
existing wooded areas and other significant vegetation, and
other significant features of the property.
A site location sketch indicating/the location o~ the property
with respect to neighboring streets' and properties, including
the 'names' of all owners of proper_ty within five hundred (500)
feet therefrom, as shown on the .last completed town assessment
roll. Such sketch shall also show the existing zoning of the
property and the location of all zoning district boundaries in
the s~urrounding neighborhood.
(d) A preliminary site development plan indicating the approximate
location, height and design of all'buildings, the arrangement of
parking areas and access drives and the general nature and
location of all other proposed site improvements, including
~ recreational facilities, landscaping and screening, the sto.-m
drainage system, water and sewer connections, etc.
(e)
A plan showing {he number, type and location of all proposed
dwelling units and unimproved lots to be reserved for sale or
lease to moderate income families, and the ratio of the same to
all proposed dwelling units and lots in the development.
A generalized time schedule for the staging and completion of the
proposed project.
(g)
An application fee in the amount of fifteen dollars ($15.) for
each proposed dwelling unit or five hundred ($500.) dollars,
whichever is greater.
C. Referral to Planning Board.
Upon the receipt of a properly completed application for the establishment
of.a new AHD District, one copy of the application shall be referred to
the Planning Board for its review and report, and one copy shall be
443
referred to the Suffolk Qou,n~t.:~/ Planning Commission for its review and
recommendation, if req-uii~l:";'~"~,'~he provisions of the Suffolk County
Charter. Within sixty (60) days from the date of the Planning Board
meeting at which such referral is receiVed, the Planning Board shall
report its recommendations to the Town Board. No action shall be taken
by the Town Board until receipt of the Planning Board report or the
expiration of the Planning Board review period, whichever first occurs.
Said review period may be extended by mutual consent of the Planning
Board and the applicant.
D. Planning Board Report.
The Planning Board, in its report to the Town Board, may recommend
either approval of the application for the establishment of the AHD
District, wi~h' or wiL~,uuL ~,~ud;f;~at~ons, or disapproval of said
application. In the event that the Planning Board recommends disapproval
of said application, it'shall state in its' report-the reasons for such
disapproval. In preparing its report and recommendations, the Planning
Board shall give consideration to' the Town Master Plan, the existing and
permitted land uses in the area, the relationship of the proposed design
and location of buildings on the site, traffic circulation, both on and off
the site, the adequacy and availability' of community facilities and
utilities, including public water and public sewer s~/stems, to service the
proposed development, compliance of the proposed development with the
standards and requirements~ of this Article; the then~ current need for
such housing, and such other factors as may be related to the purposes
of this Article.
E. Town Board Public Hearing.
Within forty-five (45) days from the date of the Town Board's receipt of
the Planning Board's report and recommendation, or the expiration of the
Planning Board review period, whichever first occurs, the Town Board
shall hold a public hearing on the matter of establishing an AHD District
on the property' described in the application. Such hearing shall be held
upon the same notice as required bY law for amendments to the town
Zoning Map and/or Zoning Code.
F. Town Board Action.
(1)
Within forty-five (45) days after the date of the close of the public
hearing, the Town Board shall act either to approve, approve with
modifications, or disapprove the preliminary development concept
plan and the approval or disapproval of the establishment of the
AHD District applied for. Approval or approval with modifications
__shall be deemed as authority for the applicant to proceed with the
detailed design of the proposed development in accordance with such
concept plan and the procedures and requirements-of this Article. A
copy of the Town Board's determin~.tion shall be filed with the
Planning Board and a copy mailed to' the applicant. A copy shall also
be filed in the Town Clerk's Office.. If such determination approves
the establishment of a new AHD District, the Town Clerk shall cause
tlAe official Zoning Map to be amended accordingly.
(2)
Approval of the establishment, of an AHD District shall expire twelve
(12) months after the date of Town Board Approval thereof if the
applicant has not received site' development plan approval and final
subdivision plat approval of at least the first section of the planned
development within such twelve (12) months period. Approval of the
establishment of an AHD District shall expire eighteen (18) months
after said Town Board approval thereof if work on the site has not
commenced or the same is not being prosecuted to conclusion with
reasonable diligence. The Town Board, upon application of the
applicant, and upon good cause being shown, may in the exercise of
its discretion, extend both of. the above time periods for not more
than two (2) additional periods of not more than six (6) months
each. In the event of the expiration of approval as herein provided,
the AHD District shall be deemed revoked and the zoning
classification of the property affected thereby shall revert to its
zoning classification that existed on the property immediately prior to
the establishment of the AHD District thereon, and the Town Clerk
shall cause the official Zoning Map to be amended accordingly.
G. Site Plan And Subdivision Plat Approval by the Planning Board.
(1)
No earthwork, site' work, land clearing, construction or development
activities shall take place on any property within an AHD Oistrict
except in accordance with a site plan approved by the Plannina
(2)
Board in accordance with the provisions of this Article and in
accordance with the procedures and standards for site plan approval
as set forth in Article XIII of this Chal~ter.
Where a proposed development involves the subdivision or
resubdivision of land, no development shall proceed until the
Planning Board has granted final subdivision plat approval
accordance with the provisions of Chapter A106 of the Town Code.
Section 100-55.7 General Rec~ulations and Requirements.
A. Sewer and Water.
In an AHD District, public water supply systemsar~d/or public sewer
disposal systems shall be provided to serve all 'dwelling units located
therein. '
B. Covenants and Restrictions.
In approving a preliminary development concept plan and/or the
establishment of an AHD District, the Town Board shall have the right to
require the applicant and/or the owner and all persons having an interest
in the premises to execute an agreement, in recordable form, containing
such restrictions, covenants; terms and conditions as it deems necessary
to accomplish the intent and purposes of this Article.
C. Provision For Moderate Income Family Dwelling Units And Unimproved Lots.
(I) On land wii~hin an AHD District containing ten (10) acres or less of
land, not less than forty (40%) percent of the dwelling units'and/or
unimproved lots located therein shall be reserved for sale or lease to
moderate indome families.
(2)
On land within an AHD District containing more than ten (10) acres
of land, the number of dwelling units and unimproved lots therein,
to be reserved for sale or lease to moderate income families shall be
as follows:
(a) Not less than ten (10%) percent of the dwelling units shall be
reserved for lease to moderate income families.
(b).- Not less than ten .(10%) percent of the dwelling units shall be
attached dwelling ,units reserved" for sale to moderate income
families.
(c)' Not less than twenty (20%) percent of the dwelling units shall
be one-family detached dwelling units reserved for sale to
moderal~e income families.
(d) Not less ~han ten (10%) percent of the unimproved lots therein
shall be reserved for sale to moderate income families,
D. Eligibility.
In each AHD District,. the sale or lease of dwelling units-reserved
-,for moderate income families, and the safe of unimproved lots
reserved for sale to moderate income families shall be allocated on a
priori,fy basis, in the following order:
(a)
(b)
First to eligible applicants employed in the Town of Southold.
Second to eligible applicants who reside in the Town
Southold, in the order of length of residence in the Town.
(c) Third to all other eligible applicants.
of
E. Maximum Sales Price And Monthly Rent.
(~)
In an AHD District, the maximum initial sales price of a dwelling unit
or unimproved lot reserved for sale to moderate income families shall
be as follows:
(2)
(a) Unimproved lot containing an area of 10,000 sq.ft. - $25,000.
(b) Attached dwelling unit - $60,000.
(c) Single-family detached dwelling unit - $75,000.
The maximum initial monthly rent (exclusive of utilities for a dwelling uniI
reserved for moderate income families in the AHD District 'shall be ail~ ~ ~
follows:
MAY 6, 1986
-- {a) Studio Apartment-
(bi One bedroom dwelling unit - $400.
(c) Two bedroom dwelling unit -
445
(d)
The provisions of this Section 100.55.7E(2) shall remain in effect as
to each dwelling unit for a period of fifteen (15) years from the date
of the initial lease thereof,
(3)
The maximum sales prices and monthly rents set forth in Section
100-55.7(1) and (2) hereof shall be revised each year on January 31st to
conform to the previous year's change in the consumer price index.
F. Resale Price of Dwelling Units and Unimproved Lots.
(1) Dwelling units in an AHD District reserved for moderate income families
may be resold to moderate income families, provided that the maximum
resale price does not exceed the purchase price plus the cost of
permanent fixed improvements, adiusted for the increase in the consumer
price index during the period of ownership of such dwelling unit and
such improvements plus reasonable and necessary resale expenses.
(2) Unimproved lots in a AHD District reserved for moderate income families
may be resold to moderate, income families, provided that the maximum
resale price does not exceed the purchase price of such lot adjusted for
the change in the consumer price index for the period during which such
lot was owned by the resale seller, plus reasonable and necessary resale
expenses.
Where an unimproved lot in an AHD District reserved for moderate income
families is improved with a dwelling unit, 'the maximum resale price shall
be determined in the manner specified in Section 100.55.7F (1) hereof.
[4)
Notwithstanding the provisions of Section 1{30~55.7F (1), (2) and (3)
hereof, the Director may authorize the resale of a dwelling unit or
unimproved lot reserved for moderate income families at a price in excess of
the maximum resale price specified in Section I00-55.'7F (1), (2) and (3)
hereof, under 'the following conditions:
That the owner of such dwelling unit file an application with the
Director requesting approval of such resale, setting forth in detail
the calculation for the determination of the maximum resale price, the
proposed resale price, and such other information and documentation
as the Director shall request.
(b~--That the portion of the resale price in excess of the maximum
allowable resale price shall be' divided between the resale seller and
-the Town in the following proportions.
Year of Resale Percentage Percentage
after purchase to Owner To Town
1st 0 100
2nd 20 80
3rd 40 60
4th 60 4O
5th 80 20
6th 9O 10
(c)
All money received by the Town pursuant to the provisions of
the preceding paragraph (bi shall be deposited in separate
accounts and shall be expended only for the purposes of this
Article in such manner as shall be determined by the Town
Board.
Section 100-55.8 Administration.
A. General Duties of Director.
(1)
The Director shall be responsible for the administration of dwelling
units and unimproved lots reserved for moderate income families in
all AHD Districts pursuant to the provisions of {his Article;
The Director shall promulgate and maintain information and
documentation of all dwelling units and unimproved lots reserved for
moderate income families in all AHD Districts; the number thereof
available for sale or lease at all times; the sales prices and monthly
446
MAY 6, 1~86
rent for such dwelling units and lots; the names and addresses of
eligible families desiring to purchase or lease the same, together with
a priority list of such families. The Director shall maintain such
other records and documents as shall be required' to properly
administer the provisions of this Article.
B. Interagency Cooperation.
(l)
Whenever the Town Board approves the establishment of an AHD
District, a copy of such determination shall be filed with the
Building Inspector and the Director, together with a copy of any
agreements and/or covenants relating thereto.
(2)
Whe~ever the Planning Board' approves a subdivision plat and/or a
b~ filed with the Building Inspector and the Director, together with
copies of any agreements and/or covenants relating thereto.
(3)
Whenever the Building Inspector shall issue a building permit, a
certificate of occupancy or any other permit or authorization
affecting dwelling units and/or unimpr.o, ved lots' located in an AHD
District and reserved 'for sale of lease to moderate income families, a
copy thereof shall be filed with the Director.
C. P rocedu~r~.
(23
Whenever the Building Inspector receives an application for a
certificate of occupancy for a dwelling unit or unimproved Io4 located
in an AHD District and reserved for sale or lease to moderate income
families, the Building Inspector shall file a copy thereof with the
Director who shall inform the owner and/or person filing such
application of the maximum sales price or monthly rent for such
dwelling unit or lot as well as eJigibility, requirements for families
seeking to purchase or lease such dwelling units' or lots.
No certificate of occupancy may be issued by the Building Inspector
until the Director has supplied the Building Inspector with the
information provided for in the precedi.ng paragraph and the
Building Inspector determines that the issuance of the certificate of
occupancy will not permit a use, occupancy, sale or lease of a
dwelling unit or unimproved lot in violation of the provisions of this
Article.
(3)
(4)
(5)
(6)
The Director shall certify the eligibility of all applicants for lease or
purchase of dwelling units and unimproved lots reserved for
moderate income families. An owner of dwelling units and unimproved
lots in an AHD District which are reserved for sale or lease to
moderate income families shall not sell or lease the same to any
person who does not possess a certificate of eligibility issued by the
Director. A violation of the provisions of this paragraph shall
constitute grounds for the revocation of a certificate of occupancy.
On or before March 31 of each year, the Director shall notify the
owner or manager of dwelling units and unimproved lots reserved for
moderate income families of the. monthly rent, sales price and income
eligibility' requirements for such units and lots based upon data
derived from the preceding year.
The owner or manager of dwelling units and unimproved lots
reserved for moderate income families shall certify in writing to the
Director on or before May 31 of each year that the sale and/or lease
of such dwelling units and lots comply with the provisions of this
Article and Chapter 100 of the Town Code.
When a dwelling unit reserved for lease to moderate income families
is to be rented, the lease for such unit shall not exceed a term of
two (2) years.
Section 100-55.9 Applicability of Town Code.
Ail of the Provisions of the Code of the Town of Southold not inconsistent
or in conflict with the provisions of this Article'shall be applicalbe in the
AHD District.
III. This Local Law shall take effect upon its filing with' the Secretary of
State.
MAY 6, 1986 447
39.-Vote of the Town Board: Ayes:~,,~C0U~i~i,lman Penny, Councilwoman Cochran, Council-'
~an Schondel~are, Councilman Stoutenbut;gh, Justice Edwards, Supervisor Murphy.
This~resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 40 is'to appoint a part-time evening stenographer.
40. Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Barbara
]Strang as a part-time evening stenoc, lrapher for the Board of Appeals, effective
immediately, at a salary of $7.50 per hour, not to exceed $1,800.00 per year.
40.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 41 concerns a new trailer permit ~' -
41. Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the application of Howard M. Petersen for the location of a
watchman house trailer at his"Mattituck Inlet Dr¥1and Marina, Naugles Drive,
Mattituck, be and hereby is granted, for a six (6) month pe,'iocl.
41.-Vote of the Town Board: Ayes: Councilman P~nny, Cotincitwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 42 is to execute another agreement.
42.
Moved by Councilman Penny, seconded by Supervisor Murphy, 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
and Vernon G. Wermelinger to perform Special Bay Constable services for the Town
and in connection there with to patrol the waterways in and about Mattituck Creek,
for the period commencing on May 15, 1986 and endinci on September 10, 1986, at
a salary of $8.00 pe~- hour; the Town to pay all expenses for fuel required for
the operation of the boat of the Owner~'while performing d~lies for the Town
during the term of the agreement, and~the Town to pay a sum not to exceed
$500.00 during the term for servicing the Owner's boat and-~equipment.
COUNCILMAN STOUTENBURGH: Is there any reason thai we can't use the
same wording as the resolution for Fishers Island, where it says "and be responsible
for any and all expenses for the repair and maintenance of the boat"?
TOWN CLERK TERRY: Because you agreed to pay for his expenses up to $500.00.
SUPERVISOR MURPHY: We're agreeing to pay for repairs up to $500.00.
TOWN CLERK TERRY: The bay constable on Fishers has to pay his own.
JUSTICE EDWARDS: You're not giving him fuel on Fishers Island, or repairs.
COUNCILMAN SCHONDEBARE: Yes, if you compare this one with the resolution
for the fellow on Fishers Island .....
COUNCILMAN STOUTENBURGH: He doesn't get paid. I understand that. But
the problem is the boat, though, the expense. That's the thing.
SUPERVISOR MURPHY: The problem is the type of work that he would be doing
in Mattituck inlet. He'd be going much slower and there's anticipation of quite
a bit of repairs on the motor.
COUNCILMAN STOUTENBURGH: That's why I say "expenses and repairs and
maintenance of the equipment."
SUPERVISOR MURPHY: We're allowing him to go up to $500.00.
COUNCILMAN STOUTENBURGH: What if it goes past that?
SUPERVISOR MURPHY: Then he picks it up. He agreed to that.
COUNCILMAN STOU-FENBURGH: I think it should be the other way around. It
shouldn't be of any cost to him. That's what i'm trying to say.
SUPERVISOR MURPHY: This man agreed to it, Paul. If we have trouble with it
we'll have to amend it next year.
COUNCILMAN STOUTENBURGH: Okay.
TOWN CLERK TERRY: You know that the one on Fishers Island doesn't get
anything for repairs.
42.
43.
COUNCILMAN STOUTENBURGH: I understand that. The only point I'm talking
about is the repair of the motor.
COUNCILMAN SCHONDEBARE: Well, I think if there's any inequity, you should
address the fellow on Fishers.
SUPERVISOR MURPHY: Any other questions? (No response.)
-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 43 is to accept a proposal for the architect for ..~
the inspection services on the work to be done in'the Senior/Youth Center I' ~i
bQi'ldir~g: I offer that resolution. ;,,,~,~'
Moved by Supervisor Murphy, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
p~roposal of FairWeather-Brown, Architects, to do the followinq work with respect
'to the Southold Senior/Youth Center building repairs: Inspection of repair work,
as specified in'the bid documents, in progress, as required to assure the Town
of proper materials and workmanship; at a fee of $50.00 per hour, to be billed
monthly; total fee not to exceed $1,600.00.
43.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 44 is to declare the Town Board lead agency in
regard to the State Environmental Quality Review Act in' the matter of the construction
of the new Dog Pound at Peconic 'Lane. I offer that resolution.
COUNCILMAN PENNY: I'd like to second it and note that this resolution was put
up at the insistence of Councilman Schondebare.
COUNCILMAN SCHONDEBARE: I want to make sure you_do it right all l~he way.
And I would imagine it's going to be a significant effect on the environment with
all those dogs. up there. I think Councilman Penny should probably draw up the
Draft Environmental Impact statement on the affect of dog stuff.
SUPERVISOR MURPHY: He said he would.
COUNCILWOMAN COCHRAN- i call for the vote.
'44. Moved by Supervisor Murphy, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby declares itself
lead a~ency in regard to the State Environmental Quality Review Act in the matter
of the construction of the new Do~ Pound at Peconic Lane, Peconic, New York.
4~l.-Vote o'f the Town Board: Ayes: Councilman Penny, CouncilWoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 45 is to authorize the Town Clerk to publish a
reproduction of the "Application for Dog License". I offer that resolution.
45. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Town' Clerk to publish a reproduction of the "Application for Dog License" in the
official newspapers, for the ~urpose of licensing unlicensed dogs in the Town of
Southold.
45.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Couhcil-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.__m
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 46 is to a~Jthorize the execution of an amendment
of the 1985 agreement with the County of Suffolk for law enforcement of Town
Ordinances at Cedar Beach. I offer that resolution.
46. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis J. Murphy to execute an amendment to the a~lreement
between the Suffolk County D~p. artment of Parks, Recreation and Conservation
for the Town of Southold to provide services in law enforcement of Town Ordinances
on the sixty-three acre parcel of land known as Cedar Beach in the Town of
Southo]d; said agreement commenced on January 1, 1985 through December 31, 1985,
and the County ~Suffolk shall pay the Town of Southold an additional $1,000.00,
with a total cost of $7,000.00 for services rendered.
46.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Superyisor Murphy.
This resolution was declared duly ADOPTED.
449
SUPERVISOR MURPHY: Number 47 is to authorize the execution of the 1986-87
CSEA Employee Benefit Fund contract.
'47. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED 'that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis J. Murphy to execute an agreement between the Town
of Southold and the CSEA Employee Benefit Fund to provide to the employees of
the Town a plan, known as the "Package 7 Plan", for the period January 1, 1986,
through December :31, 1987, all in accordance witl~ the terms of the agreement as
approved by Town Attorney Tasker.
47.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-:
man Schondebarer Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 48 is to authorize The Town Clerk to
for resumes for seasonal Clerk Typists.
48. Moved by CouncilWoman Cochranr seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the. Town Clerk to advertise for resumes for Seasonal Clerk Typist for
the Town of Southold, at a salary of $5.50 per hour. - ........
48.-Vote of~the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, that's the end of our prepared and added-on agenda.
At this time I'd like any of the Town Board members, if they would like to have
any further comments. Starting on my left witl~' Judge Edwards.
JUSTICE EDWARDS: Thanks, Frank. Number one, Resolution No. 45 - to publish
a reproduction of the Application for ~ Dog License'in the official newpapers. The
reason for this 'is apparently the dog licensing procedure here in the Town of
Southold, as in:other local areas, is sort of going down the .drain. People are
havincl dogs and not licensing them, and~ I believe this is just a little reminder
and s~mething that a person can use if t~hey do want to licehse a pet. Any other
problems with that, Judy?
TOWN CLERK TERRY: I think that's about it, Ray.' Beca~use this is now on a
computer in Albany, and they don't do a regular enumeration like they've done
every year, the licensing has reduced since 1979, when the new procedure went
into effect, down to half the number of dogs licenses. Consequently the Town
and the State is receiving half the amount of the fees. There are dogs out there
that are unlicensed, because our Dog Control Officers tell us that iust about every
dog that they pick up that is running loose, doesn't have a license on it and
needs to be licensed. So I'm just hoping that maybe by doing this it will remind
some people that may think, "how do I do it?", or;'i~'~ too difficult to get to the
Town Hall". They can do it by mail. We're going.to make it available to them,
and ! think it's worth the amount of money expended to reproduce this in~the
newspaper. There's no problem for the size. ! think the Town should give this
a shot, just once. We've never done it 'before.
SUPERVISOR MURPHY: Thank you,. Judy. Jean?
COUNCILWOMAN COCHRAN: Nothing, thank you.
SUPERVISOR MURPHY: Paul?
COUNCILMAN STOUTENBURGH: Nothing.
JUSTICE EDWARDS: Will we have some' more comments at the end, Frank?
is this ~he final comment?
SUPERVISOR MURPHY: Yes. Do you want another comment?
Or
JUSTICE EDWARDS: Yes, a couple more things. Number one, we paSsed a
resolution this evening, the Town giving a maximum of $7,000.00 to the mosquito
people on the Island, which matches some voluntary funds over there of $7,000.00
also, and I will say that I believe the people on the Island are going to look into
establishing a mosquito district like they have out in Orient. We have found last
year that putting this BTI on the ponds there did a heck of a job in keeping the
mosquitoes, at bay, and when the girls left to go back to college last year just before
Labor Day we had a hell of a rain storm and that next week really made some
difference on ~he mosquito population. Number two, the wastewater treatment
plant on Fishers Island is about 85% complete and that was all basically funded
by government funds.
SUPERVISOR MURPHY: And FIDCO.
450
MAY 6, 1986
JUSTICE EDWARDS: And FIDCO. Number three, the barge, the sunken oil
barge, that's out there, the Coast Guard has placed a 100 ton crane over the
barge and they've had two beautiful days to work on it. Within the next week,
week and a half, they intend to lift' the barge off the bottom and move it into
shallower water, and if this 'weather holds for another week, I think the hardest
part of the job will be completed. Then when it comes to flipping it over it will
be in much lower water. So they've got the people--on the Island there's probably
fifteen COast Guard and Atlantic Strike Force people that have moved on to the
Island. They're working around the clock there and they have to work only when
the tide is with them. So we look forward to getting that thing off and out of
there. That's it, Thank you, Frank.
SUPERVISOR MURPHY: I hope they make it safely.
'~JUSTICE EDWARDS: So do 1.
SUPERVISOR MURPHY: Paul?
COUNCILMAN STOUTENBURGH: Nothing, Frank.
SUPERVISOR MURPHY: Jay?
COUNCILMAN SCHONDEBARE: Nothing, Frank.
SUPERVISOR MURPHY: George?
COUNCILMAN PENNY: Nothing, Frank.
SUPERVISOR MURPHY: Okay, at this time I'd like to ask anyone in the audience
if 'they would like to address the Town Board?
ED SIEGMANN: I'm from Mattituck, and I'm here in reference to this water problem,
because the people in the area of the Norris property is concerned about this 'change-
over, due. to the fact that Mr. Carr wants to build 95 condominiums on 27 acres of
property in the area where we live. Up until 'now we've been under the impression
that because there is a water problem down there, and the Town has made us aware
of the fact that there was a water problem down there, due to the fact that in' the
Master Plan you people have designated this as a two acre area, but this piece of
property happens to have an I'M" zone that was given to them 13 years ago. So
we felt that since the water problem existed that the Town would have some hold '
over this 'where they could control the amount of buildings if Carr was able to
build at all, that they could' control the amount of condominiums that he could put
on there. I would Ilke to know what the effect will' be on changing the water
districts over'to Suffolk County. How will'that affect this situation with Carr?
Will you still_ have any control over him or will Suffolk County be the one that
has the say-whether he can build: 95 codominiums there or not?
SUPERVISOR MURPHY: The Planning Board has the. say on the amount of units
that can go on the property. The Water Authority would be the people that would
be responsible for supplying the water.
MR. SIEGMANN: But I heard somebody up here say that they would have a right
to bring Suffolk County in. That any buil'der would have a right to bring Suffolk
County water supply, or water dis~ric~ in; if that's so, does the Planning Board
still have the right to tell them how many Condominium~ could be put on that
property ?
SUPERVISOR MURPHY: They a~e the only people that have the right. They are
the only people. The Water Authority or the Health Department has nothing to
say on it.
MR. SIEGMANN: All right. One more comment I want to make is that we're
satisfied with that, if that's the way it stays, that the people here are going to
be the ones that determine how many condominiums Carr can build, if he can
build them at all. But one thing I want to point out, there was a misstatement
up here on this situation. Somebody said that Zoning controls how you control
these developers that are coming here. We don't buy that proposition in the area
where we live, because 13 years ago an "M" zone was given to this piece of
property and the last 13 years you people have learned that there's a real
serious problem down in that area with salt coming into the wells. In fact, only
300 feet from where this is going to be built you have salt. in the wells down
there already. When we came, when there was a Board meeting here one day,
one of the Work Sessions during the day, when Henry Raynor asked the Board
about going ahead with this project, and the Board told him to go ahead with it
and the reason I think this is a misstatement about the zoning is because at that
time, if you people knew that there was a problem that existed down there, that
MAY 6, 1986
451
·-~- ~.';~ ~';?:i?
zone should have been looked at again, and if you don't look at these zones that
years ago were given an "M" zone or given some other kind of a zone, and today
because of the knowledge you've gained since that piece of property got that
zoning, know that there are problems in that area, if you don't change those
zones then the zoning is going to have no control out of what th'ese developers
can build when they come in here, because the zone is there for them to use.
For 13 years it sat there and wasn't used, and in that period of time something
should have been done about it and Carr shouldn't have been told, go ahead and
build, because now what we're hoping that the least that you people will'do is to
control him on the amount of condominiums that he puts in' there, because if you
don't we're going to wind up, all of us, With salt water in'the wells.
SUPERVISOR MURPHY: Ed, I believe the Master Plan people--the people who did
our Master Plan, RPPW, recommended that property to go to two acre zoning, it's
unfortunate we haven't been able to adopt the Master Plan yet.
MR. SIEGMANN: I understand, but it's even more unfortunate that since you know
that problem exists, that somebody didn't take the bull by the horns and say, let's
not leave it at "M". After 13 years it 'could have been changed to two acre zoning,
or at least one acre zoning, what was down there before.--~-W'~ all built with one
acre. Now a guy can come in and put 95 units in an area and have just as many
houses. He's going to put in, as exists today f~-om the Main R~ad down to the
Bay, and from the Creek over to the Airport. He's going to double that and we're
supposed to sit there and take that. That's why I say, your zoning doesn't control
what these guys can build. It's the water that they find in these places that you're
going to be able to control, and say the water isn't there for you. You can't build
95 condominiums.
SUPERVISOR MURPHY: I agree. Anyone .else lille to address the Town Board?
BILL NICOL: I represent the Fleet's Neck Property Owners Association. I'm here
to try to get an answer to a question that is at least two years old. In July of
1984 we requested that a roadway be removed at the end off-East Road in the town
of Cutchogue, and to date we have not 0nly had no action on this particular
proposal, but we don't even have a response to our letter fr..om two years ago.
Now, this deals with the house that someone is attempting-~-Mr. Wade is attempting
to build at the end of East Road, and he uses this access road that the Town has
allowed to be in place for two years, to partially construct the house to date. How
much you know about the litigation I'm not sure, but that also goes back a long,
long time. Right now both the Town Trustees and the litigation that we started,
are in the Court of Appeals. There is no determination as far as those go yet.
It seems, though, very strange that we win each and every battle every time we
go to court. The Town wins each and every battle when they go to court, and
yet this man is still alive and still kicking. But we're not here concerning that
particularly. What I would like to do is address the roadway that is in place right
now. Not only is the roadway in violation of the-DEC codes, and we went to them
and asked them what they would like to do about, and they said you'll have to
address the Town, and that was two years ago. Here we are again. But I believe
that the Town is also in violation of its own codes-..and regulations because th'is
roadway was put in without authorizion of the Town. It was put in, apparently,
a couple of years--I don't remember the exact date that this roadway was put in--
1 can look that up for you--but it was put in on authorization of a letter from
Raymond. Dean. We do not believe that Mr. Dean had the power at the time to
give that authorization. We still don't believe he has that authority. So my first
question to you is, Mr. Murphy, is why no response to our letter, and why is the
roadway still in place?
SUPERVISOR MURPHY: i'm quite sure you did get a response to the letter and
you might ask the Town Attorney about the road. I believe it is a regular road
and goes to the high water mark.
MR. NICOL: Do we have a copy of that letter that was in response?
FROM THE AUDIENCE: We never got one.
MR. NICOL: I don't remember one. I can't---
SUPERVISOR MURPHY: We'll look it up.
MR. NICOL: If you would. Because I don't remember receiving one. I know
I spoken to a number of the members on the council, but I still don't have any
written record of that at all. And if Mr. Tasker could explain why the road is
still there---why the authoriztion was given ....
TOWN ATTORNEY TASKER: Well, the case is sitill in litigation. Wait until the
litigation is ended, please.
MR. NICOL: Well I don't believe that has anything to do with the fact that the
road ....
TOWN ATTORNEY TASKER: Well, ! think it does. I think it does.
road was just_ some fill dumped in there by Mr. Carr I think it was.
SUPERVISOR MURPHY: No, Gus Wade.
And the
Frank?
TOWN ATTORNEY TASKER: I mean Wade, excuse me.
MR. NICOL: It was originally put in by Leander Glover and then the roadway
was improved.
TOWN ATTORNEY TASKER: Well, he put some stuff on it.
MR. NICOL: Yes, some of that blue stuff, whatever it's called. Okay? But we
don't know wh,v the road is allowed to be used. It's used periodicallv. People
take the barricade down and just go right on down that road. Why is that being
allowed, i don't think that has anything to do with the litigation.
TOWN ATTORNEY TASKER: Well I do. We must conclude the litigation first,
before we decide who, if 'anybody, is going to pass beyond the end of the road.
MR. NICOL: Okay, well, my attorney will have to advise me on that, but I don't
believe the roadway itself is in litigation. It's on Town property.
TOWN ATTORNEY TASKER: I am quite familiar with it.
MR. NICOL: All right. Well, you've answered both my questions then. Thank
you very much.
ANTHONY NOWACHEK: I'm the attorney for Fleet's Neck Property Owners
Association. I iust want to address Mr. Tasker. What had happened, ~eally,
you've got the two matters in litigation. The Building Department gave him a
permit and you yanked it. He went to the Zoning Board and they upheld the
Building Department. He went into the courts. They upheld them. Now he's
in the Appellate Division. That's the Building Permit.' Now the Town Trustees
told him, you can't use our property for an easement or a right-of-way or access.
That's in the Appellate Division. Wellr what this-guy did'was the underlying
permit comes from the DEC. They were going to yank his permit. They charged
him' with violations. Now, he never complied with one ....
TOWN ATTORNEY TASKER: Tony, I'm familia~ with the case. You and I have
been working on it.
MR. NOWACHEK: What I'm say, Bob, is ....
TOWN ATTORNEY TASKER: Let's wait until ~he litigation is over before we take
a shovel down there.
MR. NOWACHEK: No, but, Bob, that roadway--that road bed the way it lays
there over the Town's property, is a violation of the Environmental Conservation
Law. I said to the DEC hearing officer, if he wants to charge the Town with
the violation. Now what Wade did was, he said he had access to that property.
And your Town Engineer Larry Tuthill'supervised the laying of that road on
September 29th, 1984. That remains as of today an active, flagrant, insistent
violation of the Environmental Conservation law. The attorneys for the DEC
said they won't violate the Town. If you don't want to uphold your own State
laws, what do you want your taxpayers to do? Now there's a hotline to Albany
which makes it very nice. It's Governor Cuomo's hotline with his Criminal
Justice Coordinator who says, if you have a problem with the DEC, you call
this hotline and you make your complaint. Well, Bill ' called the hotline. Do you
want Bill to tell them that the Town Board is sitting here and saying, let that
violation remain? That Mr. Dean had the right to put a highway in from the
foot of a road where there was no road bed, to put in a highway to give this
man access where he had no access in the first instance? And he should have
had none. Can you tell me, if you will, u'nder the Highway Law your elected
Highway Superintendent can create and establish roadways? Definitely not. He
can only maintain them. You people can create highways, and there he has given
a letter to this proposed builder to go ahead, carte blanche, and make yourself
a roadway over Town's 50 foot of property. Now you say, Bob Tasker, your
Attorney, is familiar with it. What Mr. Tasker said was, that that property--
that 50 feet at the terminus of East Road, is Town property and it has not been
abandoned and it has been and shall continue to be a Town highway, even though
it was sand, impassable by car. But it didn't say that the Town gave him the
right to create a highway. To take down a barricade at the terminus, put his
heavy trucks and drag all this material that now lies upon that piece of beach
property in violation of the DEC permit where he started to commence construction.
I think it 'behooves the Town to be responsible to th~ taxpayers of Fleets Neck
to do something about this because it will be embarrassing to have maybe the
453
Commissioner of the DEC come down~,a.nd~;Say ,to the Town, you know, that's
within 80 feet of the wetlands, the marshes, get that thing out of there. I think
you ought to look into it. Thanks, gentlemen.
SUPERVISOR MURPHY: Thank you. Is there anyone else would like to address
the Town Board? (No response.) Anyone like to address the Town Board at all?
(No response.) If not I think we should entertain a motion to adjourn.
Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 9:05 P.M.
Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.