HomeMy WebLinkAboutTB-04/26/2022 PH 1
COUNTY OF SUFFOLK : STATE OF NEW YORK
TOWN OF SOUTHOLD
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TOWN OF SOUTHOLD
REGULAR TOWN BOARD MEETING
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Southold, New York
April 26, 2022
4 : 30 P . M .
B E F 0 R E :
SCOTT A . RUSSELL, SUPERVISOR
LOUISA P . EVANS , JUSTICE
BRIAN 0 . MEALY, COUNCILMAN
GREG DOROSKI , COUNCILMAN
SARAH E . NAPPA, COUNCILWOMAN
April 26, 2022 2
SUPERVISOR SCOTT RUSSELL : That
concludes the business of the agenda . I am
going to invite anybody who would like to
address the Town Board on any issue? You
just have to stand at the podium.
MS . GENEVIEVE BAHRENBURG : I created
Joe Biden for President Biden . And --
SUPERVISOR SCOTT RUSSELL : Just for
the record, I want to say it ' s Genevieve
Bahrenburg .
MS . GENEVIEVE BAHRENBURG : Thank you
for having me here . It ' s such a pleasure .
And my house is dead center in Orient
Harbor . And what I am doing in Orient
Harbor, there is several different issues to
focus on . Number one, is to -- I took
video, which I will show you later . My
house is dead center in Orient . This is my
-- so what I am trying to do -- and I took
these videos and I will show you shortly .
But I am trying to open up so that the water
flows clearly -- the harbor . What happens
now -- to keep the beach, our neighbors from
trying to -- because Orient is a Historic
District, we can ' t leave it as such . So my
April 26, 2022 3
thinking is , Number One -- shall I just show
you this as I speak? The images ?
SUPERVISOR SCOTT RUSSELL : Sure .
MS . GENEVIEVE BAHRENBURG : Just so
you can -- because I took videos . That is
where I was earlier today . Let me show you
this first . This is what I have a
( inaudible ) Park . And so to get back to --
I created -- what I am trying to do is draw
the next generation to start listening and
learning from politicians . Creating the
hash tag, *mentorshipmatters . I have been
listening to them and coming here to see
what you all do . I am hoping with the next
generation, we can all strive to be
politicians . To strive and do all that you
all do . And I have it at 7 / 11 and I did it
at the grocery store . So what happens is ,
when people blog -- when people want to -- I
am putting posters up . First I was trying
to figure out several different ways to
express this , but instead of just posters ,
what I can do to just be sure that we have
donations go directly to -- you can see that
I had this directly up at the schools as
April 26, 2022 4
well . What I have seen and I also went as
far as Riverhead and spoke to the gentleman
at the grocery store --
SUPERVISOR SCOTT RUSSELL : We ' re
going to have problems transcribing the
minutes unless you speak directly into the
microphone . Because we have to capture the
recording and then we will --
MS . GENEVIEVE BAHRENBURG : Okay .
SUPERVISOR SCOTT RUSSELL : We want to
make sure they can hear you .
MS . GENEVIEVE BAHRENBURG : I went to
the grocery stores and also the pharmacy ' s
in Greenport . Two different pharmacy ' s . So
what I did was , I created a QR code . And
the QR code is to be with the bin and the
box . And it is my hope that Ford Hero ' s and
Ford SUV ' s in every state are going to be
with vaccines and with boosters and shots of
Apple Cider Vinegar . And we ' re going to
drive them around . And that ' s going to be
helping State and Federal Government . So to
get back to this . So I have been putting
posters up . Now with the QR code, I went
back to the grocery store in Greenport . The
April 26, 2022 5
issue with the grocery store in Greenport is
he said he needs to hear it from Hochul and
Biden . It should be coming from them. Not
me creating the QR code . So I created the
QR code to the links that I created for Joe
Biden . And it is my hope that we can turn
that into a reality . Because when anybody
goes into a grocery store to buy the box .
It ' s $ 10 . 00 for the box . And this is my
question to you all , is $ 10 . 00 the correct
way to go about it or should it be $ 5 . 00?
And what is in the bin is exactly what --
and I shall show it to you . You can see --
they are going to be driving the healthcare
heros and driving around . Handing out the
boxes and bins that have been purchased . Go
to the post office and it can be expedited
to Ukraine . Further, instead of having to
send all of this to Ukraine, the wisest way
to go about this is to have people purchase
$ 10 . 00 with the QR code in groceries and
pharmacy ' s . It is my hope that we then take
-- we are going to be able to get the
numbers for people who want to purchase it
and go directly to Ukraine . And the reason
April 26, 2022 6
I created this is to make it super simple .
For people to buy a box . And what is in the
box is exactly what Ukraine needs . And with
the United Nations -- so -- and I made this
up as well . Michelle Obama, Kamala Harris
and Joe Biden and Kathy Hochul . And what I
am trying to do as well is -- the one with
the QR code, I am running it through you
guys first and then it ' s to go to Biden and
Harris . It ' s my hope -- and Hochul . And
it ' s my hope that we will move forward with
the QR code and then have Ford SUV' s pick
them up . What I am trying to do as well is
set up an event in ( inaudible ) Park . And I
will be thrilled to have you . And it ' s my
hope, as well from schools , from Orient to
Greenport, Southold to Mattituck, for the
schools to have plastic in State and Federal
bins be turned into sculptures . And we
would do that weekly . My first choice would
be to create a dog . And kids would -- and
then we would auction off the sculptures and
then raise funding . And then we would
celebrate the vets . And then we would do it
for fish . And I had helped -- with a group
April 26, 2022 7
for the East End, I had helped for to make a
fish and then we would be having kids do
that . And then we would put that in the
fundraising for Ukraine as well . There is
an art and design -- do you know that
studio? He has Ukrainian art . So we would
put that in as well . We would be drawing
more people of every age bracket to get more
into -- to help Ukraine . Now for -- and you
will see these posters up on trees as well .
Now the other part -- so I am very hopeful
that will turn into the next part and you
will see -- this is the way that it ' s
structured . So that is the bin in the box .
The healthcare workers would pick it up . We
also just take the numbers of -- in the
inbox that goes directly to Ukraine . That
way I am hoping we can get a lot of people
in every state . Hopefully starting with us .
To make donations to Ukraine . As well , is
-- what -- this -- because 7/ 11 and every
store, whether -- depending on if you ' re a
Republican or a Democrat, my hope is that we
have outside bins like this . I was very
surprised to learn that 7/ 11 didn ' t have
April 26, 2022 8
one . And that hurt my feelings because kids
are going in there all the time . And when I
had brought my sculptures , the kids brought
the sculptures . So it ' s my hope that this
is something that can become official . That
big store should be having bins just like
this , with that age bracket . So that ' s a
leading hook on Biden . So what I am trying
to do is have Village Lane redone . Because
in Orient, the problem is Village Lane has
two --
SUPERVISOR SCOTT RUSSELL : What we ' re
going to do, Genevieve, because I know you
have outlined to me, if you can quickly
outline . And then what we will do is save
some of this for the next meeting with the
whole Board .
MS . GENEVIEVE BAHRENBURG : So what we
need is , we need to redo Village Lane .
Because it ' s a Historic District, the
problem there is that all of the cesspools
are going into the ( inaudible ) and that goes
directly into Orient Harbor and that is not
safe . What has happened is -- my house is
right here and the ( inaudible ) is here .
April 26, 2022 9
What we ' re going to do is open up the
aqueduct and open up the part . And the
reason ( inaudible ) . Came up with this
concept . I will show you later but to be
having to go right down the duct . We open
that up and then we have tubes sticking out
of the two different beaches . So the
beaches are going to stay safe . Stop the
cesspool system to be stuck on one side
where the kids go swimming . So we want to
have that open up . The water can flow
through . I addition to that, Village Lane
is to be done . What we ' re -- in terms of
the Highway Department, just -- we don ' t
want a lot of people ( inaudible ) because I
know they ' re going to be coming in . So we
can redo Village Lane as soon as possible .
We will redo the system below it and then
reconnect it . So you would then with the
Village -- that is where I am looking to
have the donation and to have Village Lane
redone . Have the cesspools linked into
( inaudible ) Park . I am trying to have the
park turn into a dog park . I spoke to a
couple of people . I walk my dogs around
April 26, 2022 10
there . And it ' s my hope to have -- to put
something around there, so that dogs don ' t
get into other peoples homes . And in doing
that, we ' re going to be preserving it . And
then for the next generation -- because it ' s
my hope, we can play baseball there again
and to keep it organized . We have a
wonderful park and we should be using that
for our advantage . We would then as well
put a system in it . We have a space for it .
Several fronts .
SUPERVISOR SCOTT RUSSELL : Very
ambitious set of goals . I know I have
talked to you about it .
MS . GENEVIEVE BAHRENBURG : Do you
want me to show you the images?
SUPERVISOR SCOTT RUSSELL : Actually
Channel 22 wouldn ' t broadcast them very
well . Unfortunately, it would be a shame .
What we will do is make arrangements . Can
those be e-mailed? I want to make sure
everyone on the Board gets them?
MS . GENEVIEVE BAHRENBURG : Yes , of
course .
SUPERVISOR SCOTT RUSSELL : Can you
April 26, 2022 11
put them in an e-mail format and I will make
sure that every Board member gets them.
Sound good?
MS . GENEVIEVE BAHRENBURG : Yes . And
I am just going to show you visuals . It
would be my hope ( inaudible ) . And it ' s my
hope ( inaudible ) but I am working for the
President in creating this for him. And
it ' s my hope if he approves that ( inaudible )
and in addition to that, they will have
these shots . People don ' t have to go on a
computer to get vaxed .
SUPERVISOR SCOTT RUSSELL : Sounds
good . Thank you . Would anybody else like
to address the Town Board? Robert?
MR . ROBERT DUNN : Robert Dunn,
Peconic . This is really uncomfortable .
Since the Board came back from the shutdown,
I have been speaking to them and various
members of the Town, and you . Craig and
you . About a situation next door to me .
Gentleman bought a house and put some fences
up right through the Town ' s right-of-way .
Made a complaint about it . He was stopped
at one point but the Town never issued a
April 26, 2022 12
Stop Work Order . So he continued . On a
Saturday completed it . I tried to pursue it
through Law Enforcement . I tried to pursue
it through here . I have spoken directly
with you on occasion, Scott . I have spoken
with Town Attorneys . And the fence is now
removed, but I continue to be harassed . And
that is unacceptable . And nobody has done
anything about it . From one junk after
another . And this is a pure example of
urban decay coming in and finding a place to
fester in our Town . I want to thank Sarah
for several of the issues . She has followed
through on it . He put up 150 ( inaudible )
through the Town right-of-way . So that the
road is so narrow there, which it ' s almost
impossible now to pass with two cars . It
will no longer qualify as a bike lane . The
harassment towards me and my family has been
( inaudible ) which we have been speaking of .
Nobody has enforced anything there . This
has gone on a year and a half now . I have
spoke directly -- Duffy made a claim that
there were fines being done . I don ' t
believe it . I just don ' t believe . He has
April 26, 2022 13
taken the fence down, but the trees are
still there . The plantings are still in the
right-of-way and on the private road . And
the plantings are still up . Debris and
loads of driftwood and put it on the road .
The whole thing is unsafe . This is a corner
lot property . By Town Code, 35 feet from
each corner should be unplanted . So that
you have a line of sight . These trees are
not supposed to be more than 2 feet . The
trees top out around 7 foot . This is not
the way -- this is -- disregard for anything
in the Town . And if we ' re going to allow
this to continue, it should be right . It ' s
that simple . And personally, I kind of
resent that it has been okay with the Town
for me and my family to be harassed for over
a year and a half . At one point, you -- he
cut down 20 trees . Put that on his lawn .
So what was once ( inaudible ) is no longer .
I mean, can anybody just go around and cut
down trees? You made a point that one of
the trees was cut down, I believe you said
it was a Dogwood and the Town never planted
Dogwood ' s . So it ' s not the Town ' s . It was
April 26, 2022 14
on Town property . It was never his . Maybe
somebody else planted it in the past but he
had no problem taking it down . If somebody
planting things on Town property, it gives
them -- I want to claim ownership of .
Because there is 400 feet on that that I
planted, at my own expense . It ' s Town
property . I did it to restore it after
Sandy and that is fine . I just have been
really hearing some crazy stuff . It ' s been
a year and a half later and I am still
dealing with this . No respect for the Town
whatsoever . It has come up at every level .
I went to a ZBA hearing for him trying --
first of all , I don ' t know how anybody can
apply for a variance when they have
outstanding with the Town . I just don ' t
understand that at all . That ' s just crazy .
An open case against -- where the Town has
something against you, you can ' t apply for a
variance . And yet I was insulted by Ms .
Weisman who shut me down when -- calling me
a racist over Zoom. In a Zoom meeting here
because he applied for a ZBA. I mean, this
whole thing is bad . I am not going to tell
April 26, 2022 15
you how to run the Town . I want to see
harassment stopped . And I want to know when
it ' s going to stop . Bill Duffy -- I went
through the things here and I asked you --
this was back -- I asked you, who does Code
Enforcement answer to? Bill Duffy . Who
does Bill Duffy answer to? I asked you, can
you direct Bill Duffy to take care of this?
Little spurt of movement out of that and
then it went dead . He sent a Lester to look
and it died . And my family has suffered .
My family sleeps with a fan against the
window . The summer is coming . I want to
open up the windows and I don ' t want to be
prevented because this clown wants to shine
lights . I can show you pictures . At my
pillow -- I don ' t think he knows that but
that ' s where it ' s directed . The noise .
Under my -- and on top of it all , I got
arrested . And I had a cop tell me, "well ,
close your windows . " Is it against the law
in this Town to have your windows open?
Telling me I should close my windows to
placate this creep? Uh-huh . Uh-huh . That
is not why I bought my house . I bought it
April 26, 2022 16
to listen to the water and look at the sky
and always enjoy what I enjoy there . Are we
going to do something about this or are we
not?
SUPERVISOR SCOTT RUSSELL : Just to go
back and to cover a little bit of history
first . I tried --
MR . ROBERT DUNN : You have been there
a couple of times . Never said you haven ' t
made an effort .
SUPERVISOR SCOTT RUSSELL : I went out
there at night and I was told by the
Attorney ' s office and told the owner that he
had to redirect the lighting . I went there
out on my own and at the time, he was . He
was at the time .
MR . ROBERT DUNN : The lights have
never been redirected . They have been
against the house . It ' s called wall
washing, which is specifically --
specifically --
SUPERVISOR SCOTT RUSSELL : At the
time, my understanding was directed -- when
I got to you, they were directed downward .
I understand --
April 26, 2022 17
MR . ROBERT DUNN : They were pointed
back at -- which it ' s white vinyl siding .
So it just gives a glare . It ' s the same as
being directly at my house .
SUPERVISOR SCOTT RUSSELL : I brought
that back to the Town Attorney ' s Office . I
don ' t know what the resolution was . When
you did complain, I did talk to him. And he
said the issues -- there was a Stop Work
Order . And I think they got a fine for
that . For the interior work .
MR . ROBERT DUNN : There was a Stop
Work Order on some interior work, yes .
SUPERVISOR SCOTT RUSSELL : On the
interior work, but I know they got a fine --
MR . ROBERT DUNN : But that -- right
now . Go there right now . There is two
lights . They ' re on . I am not saying as a
suggestion but if you were to go there right
now, there are two lights that have been on
since the end of September .
SUPERVISOR SCOTT RUSSELL : I will go
there tonight --
MR . ROBERT DUNN : Those two lights of
the made, which he personally installed,
April 26, 2022 18
which you personally defended . You said a
homeowner is allowed to do their own
electrical work . And I understand that . I
have been in the construction business for
40 years . Homeowners are allowed to do
their own, but it has to be done to code .
And it has to be filed . Neither one of
those things were done . And in fact, we
just had a discussion about lights , which I
might add, those two pages of lights of what
can go and can ' t go, they should be blown up
and hung on the wall in the Building
Department . Go in and Town ( inaudible ) is
going in the right direction . Unless the
contractor knows what they can put in, it
doesn ' t matter . They will go to Home Depot .
They can still go anywhere else in Suffolk
County and buy what they want . I am going
to tell you the truth . I have learned a lot
during this . I have five lamps that were
all put up in the last 5 years .
SUPERVISOR SCOTT RUSSELL : Actually
MR . ROBERT DUNN : I changed it
myself .
April 26, 2022 19
SUPERVISOR SCOTT RUSSELL :
Councilwoman Nappa has made --
MR . ROBERT DUNN : I know she is
working on it .
COUNCILMAN GREG DOROSKI : That the
Building Department -- gets all of that
information when someone goes in for a
Building Permit . Getting all the Dark Sky ' s
code . She ' s making sure that takes place --
MR . ROBERT DUNN : The Building
Department has to enforce it . That is
critical . I am just telling you .
SUPERVISOR SCOTT RUSSELL : I know .
MR . ROBERT DUNN : These 5 lights that
I have changed in the past 2 months . I have
renovated my house twice now in the past 5
years . All these lights and my electrical
contractor who has since retired and gone to
Texas , told me we got to put one there . Put
one there and put one there . That ' s the
code . My attitude, " then put them. " It ' s
code . Sarah is doing a good job on that .
Thank you .
COUNCILWOMAN SARAH NAPPA: I will
followup .
April 26, 2022 20
MR . ROBERT DUNN : But I really think
-- turn that page into two pages into
posters . So everyone can see it . But back
to my problem, I just want to enjoy my home .
I am not going to tell this guy -- I am not
going to tell anybody how to live . I want
to be able to go to sleep at night and look
at the stars . I want to be able to sleep in
my room with the windows open and not need a
fan to deaden the noise . And I want the
Town to do its job . Enforce those codes .
What more can I say?
COUNCILWOMAN SARAH NAPPA: Can we get
Code Enforcement to look into the lights
again?
TOWN ATTORNEY : Sure . I have yet to
receive a complaint with regards to lighting
in your house .
MR . ROBERT DUNN : Me personally . No .
I am not --
TOWN ATTORNEY : Well , I will tell you
that filing a complaint is what dispatches .
MR . ROBERT DUNN : I filed a
complaint . I was here arguing with Duffy .
I was here --
April 26, 2022 21
TOWN ATTORNEY : I know . Hear me out .
File a complaint and that dispatches out . I
don ' t know the number but there are numerous
tickets for those lights . You mentioned
something about 150 trees being planted that
are now making the roadway impassable ; is
that right?
MR . ROBERT DUNN : Making the road
narrower .
TOWN ATTORNEY : When was that done?
I have not seen that .
MR . ROBERT DUNN : That was done
originally .
TOWN ATTORNEY : So the road is as
wise as it was --
MR . ROBERT DUNN : Yes . Nothing has
changed probably since October --
TOWN ATTORNEY : So we have sent
investigators out . There is no evidence --
no one -- there is no evidence from a Town
Code inspector that the road is impassable .
MR . ROBERT DUNN : I ' m sorry?
TOWN ATTORNEY : There is no evidence
from a Town Code perspective that the road
is impassable .
April 26, 2022 22
MR . ROBERT DUNN : That is not true .
That is not true .
TOWN ATTORNEY : Okay . On that
particular issue, we will have to agree to
disagree . The issue that you have with your
driveway, the paved surface, not in the
middle of the --
MR . ROBERT DUNN : Absolutely .
TOWN ATTORNEY : He is not in the
middle of the roadway . So in particular,
the front of your house, there is almost no
right-of-way .
MR . ROBERT DUNN : In front of my
house? In front of my house, it goes from
zero to about eight feet .
TOWN ATTORNEY : It is a very hard
angle there .
MR . ROBERT DUNN : Yeah .
TOWN ATTORNEY : That is the problem.
We have done measurements . There is not a
statutory site structure . We have been
there . Looked at it . With respect to those
lights , sometimes they ' re on . I have sent
investigators out and they are off . So what
happens is , sometimes they ' re on . Sometimes
April 26, 2022 23
they ' re off . There are times when the
investigators went out there and the lights
are off . That is not your fault . Not my
fault .
MR . ROBERT DUNN : Would you like to
see some of the 500 , 600 pictures I have?
TOWN ATTORNEY : I am not -- we have
found them on too . What I am saying is ,
they have been off . What is the noise? Is
the noise still wind chimes?
MR . ROBERT DUNN : Wind chimes , yeah .
TOWN ATTORNEY : Because the wind
chimes have been taken down at times . And
then they are put back up; right?
MR . ROBERT DUNN : No .
TOWN ATTORNEY : The police took them
down .
MR . ROBERT DUNN : No . The police did
not take them down . I gave them back to
them because they were hanging in my yard .
And I was arrested for it . So please don ' t
tell me -- they didn ' t do a damn thing . I ' m
getting mad now because now you ' re telling
me things that are just not true .
TOWN ATTORNEY : All right .
April 26, 2022 24
MR . ROBERT DUNN : As a matter of
fact, I will show you an affidavit signed by
Officer Robins that said that they were
going to followup on an investigation and
they never did .
TOWN ATTORNEY : All right .
MR . ROBERT DUNN : That is garbage .
TOWN ATTORNEY : We will send somebody
out tomorrow to look at the wind chimes .
But I am telling you, you need to continue
with the complaint because these issues
don ' t necessarily exist every time we go .
MR . ROBERT DUNN : I wouldn ' t -- there
is no way you could have gone there in the
past six months at any point after dark that
there weren ' t some lights on .
TOWN ATTORNEY : I will --
MR . ROBERT DUNN : There is no way .
TOWN ATTORNEY : I will tell you, I
don ' t think my guys received a complaint
this year .
MR . ROBERT DUNN : Prior to this .
Last year --
TOWN ATTORNEY : I am telling you, in
the last six months , this year and it ' s the
April 26, 2022 25
end of April .
MR . ROBERT DUNN : They left the end
of September and did not return again until
two weeks ago . Other than he made one or
two night visits and -- the lights have been
on constantly .
TOWN ATTORNEY : I would ask that you
continue to followup .
MR . ROBERT DUNN : Continue to
followup on what?
TOWN ATTORNEY : Please file the
complaints .
MR . ROBERT DUNN : What ' s the point in
filing complaints if nothing gets done?
TOWN ATTORNEY : They will issue
tickets .
SUPERVISOR SCOTT RUSSELL : This year
itself, it ' s in compliant .
MR . ROBERT DUNN : I am going to give
you a little story . Okay . You know, I have
made my point . I am not going to argue on a
dead door . I am just going to tell you --
it ' s not going to let me sit still . There
was a point in my life, everybody on my
block -- I grew up in Queens as you know .
April 26, 2022 26
Everybody in the neighborhood was
complaining about putting a stop light on
the corner . It was 1950 . Just after the
war . Everything was exploding . Population
was exploding . Everybody was buying cars .
Traffic got horrible and they requested a
street light on the corner . 1954 four days
before Christmas , my father crossed that
street . He was holding my hand and my
sisters hand . I woke up three days later
from a coma with three of my extremities in
plaster . My sister was in a bed next to me
and they had buried my father that morning .
There is a light there now . It ' s -- there ' s
a traffic light there now . I have
experienced what happens . I was 8 years
old . I know I have told you about it . That
was a story of my life . We all have a
story . I am not going to sit here and wait
for somebody to get hurt on that corner
because we don ' t want to do anything .
SUPERVISOR SCOTT RUSSELL : Can I just
point out that there was a decision by the
Town Attorney ' s office in 2009 --
MR . ROBERT DUNN : The Town Attorney
April 26, 2022 27
at that time stood up there and said it may
be -- everybody encroached it . So I
question his -- on anything .
SUPERVISOR SCOTT RUSSELL : It was
2009 and prior to the current Town Attorney .
It ' s a private road and that 35 foot setback
is not applicable to that . That is done for
a private road . ( Inaudible ) . As long as
there is enough access for emergency access ,
for emergency vehicles , they have met their
burden under the law . If they ' re
encroaching with trees , that is a private
civil matter with the people on that road .
That ' s the -- believe me, we went over this
on a bitter cold day on Oregon Road in
Cutchogue .
MR . ROBERT DUNN : If I build a house
-- and now I am going to argue . If I build
a house on Sound Avenue . That is the name
of the side street . If I build a house -- a
road doesn ' t have a standing?
COUNCILWOMAN SARAH NAPPA: Not on a
private right-of-way .
SUPERVISOR SCOTT RUSSELL : If you
read the Town Code, it will outline the
April 26, 2022 28
recommendation on how a road should be
improved, even a private road . The only
standard is , as long as its suitable for
emergency access . That is the only
standard . All the other things , pervious --
all those other things -- if there is a
requirement or restriction, the only thing
is that it has to be suitable for emergency
access .
MR . ROBERT DUNN : Well , you can see
to me, the corner of Mill Road, a public
road and Sound Avenue, a private road, is a
corner .
SUPERVISOR SCOTT RUSSELL : By Town
Code, it ' s not a street corner . There is a
corner there . But it ' s not subject to the
35 foot rule . The setback on the corners ,
where you can ' t -- in other words , you have
a perpendicular corner --
MR . ROBERT DUNN : You are not
supposed to block it .
SUPERVISOR SCOTT RUSSELL : Not
supposed to block it . The Town Code doesn ' t
apply to those circumstances , it ' s private .
That was established by the Town Attorney in
April 26, 2022 29
2009 . We were sued over it and we won . We
were sued over it and we one, Article 78 .
Because we determined that at the time, we
did not make the person move the flower bed
and the trees and we were sued over it at
the time by the other person . They filed a
complaint over it and they sued us and we
won .
TOWN ATTORNEY : We will have Code
Enforcement out there tomorrow morning . I
will go out myself .
SUPERVISOR SCOTT RUSSELL : I second
what Sarah said .
COUNCILWOMAN SARAH NAPPA: I think we
should at least control what we can, which
is Mill Lane . So have Code Enforcement look
at Mill Lane and the plantings on Mill Lane .
MR . ROBERT DUNN : These are not
plants that he put on his property . Theses
are on --
COUNCILWOMAN SARAH NAPPA: That is
why I am asking for Code Enforcement to look
at .
TOWN ATTORNEY : There is not a
requirement to be free of growth . It just
April 26, 2022 30
can ' t be a site obstruction .
MR . ROBERT DUNN : Agreed .
TOWN ATTORNEY : The last time they
were out there, they determined that it did
not constitute as a site obstruction . Not
saying there is no growth there . It ' s very
difficult in that location because the road
is not sitting the middle of that bed .
MR . ROBERT DUNN : Mill Road?
TOWN ATTORNEY : Yes .
MR . ROBERT DUNN : Mill Road is
clearly not in the middle of the road . I
agree with you 1000 .
TOWN ATTORNEY : The stuff that is on
the private road, I have no control over it .
MR . ROBERT DUNN : I hear what you ' re
saying there .
TOWN ATTORNEY : It ' s not my property
and I have no control over it .
MR . ROBERT DUNN : How can you -- how
can you enforce building code? You can ' t
enforce road standards but you can enforce
building code?
TOWN ATTORNEY : It ' s not the same
type . There is no building code that says
April 26, 2022 31
that .
MR . ROBERT DUNN : There is no
standard in New York State?
TOWN ATTORNEY : There is no private
road standard that says that a private road
-- that is a highway . I think it ' s a
highway law . I have to research that . It
doesn ' t apply to private roads .
COUNCILWOMAN SARAH NAPPA: But going
forward, we will have Code Enforcement look
at Mill Lane . We will have Code Enforcement
look at the lights again . And then let ' s
hear from them.
MR . ROBERT DUNN : And the wind
chimes .
COUNCILWOMAN SARAH NAPPA: And the
wind chimes .
SUPERVISOR SCOTT RUSSELL : I agree .
TOWN ATTORNEY : We will take an
assessment of what is going on --
MR . ROBERT DUNN : I will tell you the
wind chimes in dead air are dead quiet .
TOWN ATTORNEY : That is a
possibility . That the investigator will go
there and it ' s not making any noise --
April 26, 2022 32
MR . ROBERT DUNN : If you go there
4 : 00 in the morning and it ' s a windy night
and you ' re sleeping in my bed -- sleeping --
TOWN ATTORNEY : That is part of the
problem. I don ' t have a rapid response at
4 : 00 in the morning to answer that .
MR . ROBERT DUNN : Well , if Officer
Robins who said in his report that he ' s
going to followup on the investigation, if
he had, maybe he would . He followed up with
getting me arrested and making an
appointment with this guy to sign off on the
complaint .
TOWN ATTORNEY : That is a separate
issue .
SUPERVISOR SCOTT RUSSELL : We have a
plan . We ' re going to go out and check out
Mill Lane and I will go by again at night,
again . We will do what we can . I agree
with you in terms of setbacks . People go
beyond what they should . But everybody
plants into the right-of-way . We will go
and look at it .
MR . ROBERT DUNN : There you go again .
Everybody plants in the right-of-way .
April 26, 2022 33
SUPERVISOR SCOTT RUSSELL : Including
you, Bob . Let ' s be honest here .
MR . ROBERT DUNN : Everybody is doing
wrong if they ' re going over 2 1/2 foot .
SUPERVISOR SCOTT RUSSELL : But there
is no standard for that . You know what, I
shouldn ' t have mentioned this . I will go
out and look at it . Said experts . Not me .
MR . ROBERT DUNN : I just want some
peace in my house .
SUPERVISOR SCOTT RUSSELL : I know .
MR . ROBERT DUNN : As far as the
private roads , that ' s not for me . I am not
running for office . I want peace and quiet .
I don ' t want people flashing lights in my
house and I expect the Town to take care of
that . I am not being unreasonable .
SUPERVISOR SCOTT RUSSELL : Okay .
MR . ROBERT DUNN : Thank you .
SUPERVISOR SCOTT RUSSELL : Would
anybody else like to address the Town Board?
(No Response ) .
SUPERVISOR SCOTT RUSSELL : Motion to
adjourn?
COUNCILWOMAN SARAH NAPPA: I make a
April 26, 2022 34
motion to adjourn .
COUNCILMAN GREG DOROSKI : Second .
SUPERVISOR SCOTT RUSSELL : All in
favor?
COUNCILMAN GREG DOROSKI : Aye .
COUNCILMAN BRIAN MEALY : Aye .
COUNCILWOMAN SARAH NAPPA: Aye .
SUPERVISOR SCOTT RUSSELL : Aye .
(Meeting Concluded . )
April 26, 2022 35
C E R T I F I C A T I O N
I , JESSICA DILALLO, a Court Reporter
and Notary Public, for and within the State
of New York, do hereby certify :
THAT the above and foregoing contains a
true and correct transcription of the
Meeting held on April 26 , 2022 ,
via videoconference, and were transcribed by
me .
I further certify that I am not
related to any of the parties to this
action by blood or by marriage and that I
am in no way interested in the outcome of
this matter .
IN WITNESS WHEREOF, I have
hereunto set my hand this 13th day of
May, 2022 .
Jessica DiLallo