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HomeMy WebLinkAboutTB-10/08/1985SOUTHOLD TOWN BOARD OCTOBER 8, 1985 WORK SESSION Present: Supervisor Francis J. Murphy, Councilman Joseph L. Townsend, Jr., Councilman James A. Schondebare, Councilwoman Jean W. Cochran, Town Clerk Judith T. Terry, Town Attorney Robert W. Tasker, Superintendent of Highways Raymond C. Dean. Absent: Justice Raymond W. Edwards (Justice training school), CounCilman Paul Stoutenburgh (out of the country). 9:00 A.M. - The Board began the audit of outstanding bills. 9:20 A.M. - Robert Webb, President of SEACOM, met with the Board relative to the ongoingquestion of a~municipal electric'district. Mr. Webb was advised that expert ~¥ailace Duncan of the law.firm Duncan, Weinburg & Miller, P.C, Washington, D.C. will meet with the Board at 1:00, P.M. ~ Tuesday, October 15th to discuss the possible acquisition of LILCO assets in Southold'Town, at which time Assemblyman Sawicki, Senator LaValle';'Legislator Blass and GreenPort Superin~tendent of Lltilities Monsell will' be in atten'dance.=--Supervisor MurPhy suggested to the Board that due to,~th~ losses from Hurricane Gloria, this would be a most appropriate time to engage the services of a engineer to survey the inferior and deteriorated LILCO.lines and poles in Southold Town as a means_of gathering evidence when a figure is placed on LIL assets. 9:30 A.M~ - Gary Loesch, P.E., and George Desmarias, P.E., Holzmacher, McLendon and Murrell, P.C. met with the Board to discuss the Southold Scavenger which is nearing completion. Mr. Loesch stated that the general contractor Concrete, Co., inc. has let their part of the project slip. They should have'been completed by September 29th, but are only 75% through the job, which has held up other contractors. Mr. Loesch said H2M is of the opinion the other contractors have performed in good faith. Since the Supervisor sent a letter to Ferran imposing liquidated damages, they have increased the work force, but will still be almost two months behind schedule for completion~ The liquidated damages imposes a $350.00 penalty per day.---Mr. Loesch advised the Board that the EPQ and DEC have been funding one-year monitoring programs for projects of this type. The program consists of on-site assistance during the first year of operation, including some laboratory sampling and analysis. The cost would rang from $15,000 to $30,000dependent upon the extent of sampling and analysis, and with funding would cost the Town about $1,.125. to' $1,875. Mr. Loesch Was req~Jested to submit a firm proposal to the Town and DEC. 10:15 A.M. - The Board began reviewing VI. For Discussion items: (1) Bid on the Laurel Lake Recreation/Chamber of Commerce Project. Only one bid was received, at a cost far exceeding that anticipated. The specifications will be redrawn and rebid. (2) Decision on proposed ":Local Law providing for the defences of Town Officers and Employees". Was put on the agenda for a resolution (No. 19). (3) Invitation from The Fishers Island Civic 'Association, Inc. to attend their Fall meeting on Saturday, October 12th at 1:00 P.M. (4) Request'of the Southold. Town Promotion Committee for draw-down of funds from that budgeted for their use.' They will be submitting a cost to reprint their brochures, at which time the Board will considering the matter. (5) Letter from Public Employer Risk Management Association relative to a Workers' Compensation Program. Supervisor Murphy will request ad~-itional information. (6) Bill from Dick's garage, l:ishers Island,!:in the amount of $860. for dumpsters. It was decided this will be paid from the Parks and Beaches account. (11) Submission of Draft Environmental Impact Statements by Matt-A-Mar Marina with respect to their Wetland Application in 1984, which was denied without prejudice to reapply. The Town Clerk will request a new application for consideration. (12) Request of Venetia - -McKeighan, Director of the Nutrition Center and Senior Day Care Center, for the employment of Angel Cordes as a part-time aide (see resolution No. 20).---Councilman Townsend reported on a recent meeting held to find ways of correcting the damage sustained from the "brown tide" which has almost destroyed, the scallop crop,, and caused severe damage to other shellfish. He submitted an long range program for Bay Scallop resource enhancement ~i~t~-'~~ip~o~Osed $10, 000 in the 1986 budget, and establishing a Town scallop seeding program. Mr. Townsend cited the tremendous economic loss for people'in the shellfishing industry, and the need to implement this program as soon as possible. 11:10 A.M. - Farmland Preservation Committee members William Gricjonis and Robert Villa met with the Board to discuss their progress in acquiring agricultural develop- ment rights. They have reached the point where nine farmland owners have signed or are about to sign options and the Town Board can now hold public hearings. A total of approximately 320 acres is involved at a cost of about $1,400,000. The members advised the Board that the County is picking up some of the options they were unable to consider for an additional 700 acres of farmland, at a cost of almost $2,000,000. (Under resolution 23 Supervisor Murphy is authorized to execute the options, and resolution 24 sets the public'hearings.) 11.:30 A.M. - The Board met with the following individuals seeking a :waiver from the provisions of Local. Law. No. 14 - 1985: Joseph Clifford Cornell, for Ruth Enterprises: Mr. Cornell said he had gone through all the necessary procedures as far as the Building Department, Planning Board and Zoning Board of Appeals-is concerned. On September 26th he was granted a variance from the Board of Appeals with respect to insufficient 10t area, with the condition he provide 18 parking spaces, rather than the 15 proposed. The proposal for the property in question, which is located on the south side of County Route 48, Peconic, is for a construction of a business building to house a masonry business office, electricla business office and general business office. The present zoning is."B-l" General Business and the proposed district on the Master plan update map is L;imited Business. Mr. Cornell still needs site plan approval from the Planning Board. The property is situated between the Suffolk County Department of Public Works garage and Southold FloOring~ and he feels his proposal is' consistent with the surrounding area as far as :business is concerned. M~ Cornell~ ~ted there are old sheds and an office trailer on the premises which will be removed when the new building is constructed.--In reviewing the proposed Updated'~zohing ordinance, it was determined that an electrical business would not be alloWed! in ,a 'Limited Business District, since there will be warehouse- sto~age~'areas' in.the building.---The Board will seek more:information from the Planning Board, Board of Appeals and Building D_epart- ment before making a decision. Edmund Pressler: Mr.'~Pressler explained that he had been scheduled to appear before the Planning Board for site plan approval on October 7th, for a parking plan for existing retail store and apartments at Main Road, Southold. The present zoning is "B" Light Business and the proposed new zoning is to be Hamlet Business. He plans to relocate his present antique business two doors away :to this new site, which is opposite Cottage Place. Antiq~ue businesses are provided for in Hamlet Business and the Board is agreeable to grant this waiver - see resolution No. 25, Edmund and . Joan Pressler. Frank and Diane Ammirati: Mr. and Mrs. Ammirati explained that they had just purchase~l a house on Love Lane, Mattituck, which is presently zoned "C-1" General Industrial, and is proposed to be Light Industrial. They presently have applications" before the Planning Board for site approval and the Board of Appeals for a special exception, because it.,~.s a three-family house. They are living upstairs and would like to change the downstairs into a country store retail gourmet food store, catering business. After fu.rther discussion the Board agreed to a waiver - see resolution No. .29. Joseph Stocken: Mr. John deReeder appeared on behalf oK' Joseph Stocken who is involved in a transfer of premises and will need at least site plan approval from the Planning Board. The property is in Mattituck, on the' south !.'side of Route 25, presently being used as a furniture/bicycle store~ opposite Wickham Avenue. There will be a different retail use which will require renovations to the building. The property is presently zoned "B-I" General Business and the new proposed zoning will be Hamlet Business. Wh'er:eas the proposed use will continue to be retail, the Board agreed to a waiver - see resolution No. 30. Walter and Marilyn Gatz; No one appeared. Proposed retail and professional offices at County Route 48~ and Sound Avenue, Mattituck. Presently zoned "B" Light Business, proposed new zoning to be Limited Business. Certification has been received from the Building Department and they are pending Planning Board approval. Retail stores is not permitted in the proposed zoning. The Board will seek more information from the Planning Board, Board of Appeals and Building Department before making a decision. Sterling idea Ventures: No one appeared. 'Proposed professional offices at Main Road, MattitL~ck. Present zoning "B-l" General Business, proposed new zoning Limited Business. "Pending before the Planning Board and Building Department. The Board agreed to a waiver- see resolution No. 26. 12:19 P.M. - Mr. James Bitses appeared before the Board requesting them to adopt a resolution establishing a Southold Electric Authority to give people talking to the Governor's Office some legal authority.--The Board will consider this after meeting with Wallace Duncan on October ~15th. 56 OCTOBER 8, 1985 12:;15 P.M. - Assessor~.Chairman Charles C. Watts appeared before the Board request- ing the employment of Janet Gilbert as a part-time Clerk Typist in the Assessor's Office. (See resolution No~ 21.) 12:19 P.M. - Recess for lunch. 1:45 P.M. -Work Session reconvened,, and 'the Board began a review of the resolutions for the regular meeting. 2:25 P.M. - James A. Homan: Mr. Homan appeared before the Board to request a waiver from the provisions of Local Law No. 14 - 1985. Mr. Homan stated he has been advised he cannot obtain a building permit to construct a new building to be attached to existing structures, Main Road, Cutchogue. The property is presenily "C" Industrial and has been for many years; the proposed new zoning will be "B-I" Board fOund that the proposed neW /0uilding would be in line with the B-1 uses and a resolution for a waiver was placed on the agenda (see-resolution No. 27). 2:30 P.M. - 3:20 P;M. - of the Town 4-H Week in The Board continued to rev. iew regular meeting resolutions. A group of 4-H members came before the Board to receive a Proclamation Board proclaiming the week of October 6th through 12th, 1985 as "National the Town of Southold,..' (See resolution No. 2.) 3:30 P.M. - W.B.W. Corp.: Mr. Richard. Waish, Vice President of W.B.W. Corp., appeared before the Board to explain that he is building the Cutchogue Harbor Mall o~ Main' Road, Cutchogue, west of Cox Lane. He has received site plan approval from the Planning Board and has had the construction drawings prepared, submitted them to the Building Department, has the:contractors scheduled to begin, started grading ~he land an~l is ready to start cons[ru~:tiOn, but because of Local Law No. 14 - 1985, he: is unable to obtain' his building permit. The present zone' is "B=I" General Business and the proposed new zoning,~is "Bt1" General Business. The Board agreed to a waiver [see resolution No. 28). 3:35 P.M. - The Board resumed reviewing resolutions for the regular meeting agenda. 4:10 P.M. - Michael and Joy Domino: Mrs. Joy Domino appeared before the Board and explained that they have-an existing -antique shop with a building in the rear for which they applied for a building permit to construct an addition, and in the hurricane the roof blew off. Due to the moratorium they were unable 'to receive the building permit, nor site plan approval. The present zoning is "B-I" General Business and the proposed new zoning is General Business. The property is located on the Main Road in Greenport, opposite Silvermere Road, and is consistent with the proposed new zoning. The Board agreed to a waiver (see resolution No. 31). 4:15 P.M. - The Board resumed reviewing the proposed regular meeting resolutions. 5:30 P.M, - Work Session adjourned. REGULAR MEETING 7:45 P.M. A Regular 'Meetin9 of the Southold Town Board was held on Tuesday, Octol:;er 8, :1985, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Murphy opened the meeting at 7:45 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Francis J. Murphy Councilman Joseph L. Townsend, Jr. Councilman James A. Schondebare Councilwoman Jean W. Cochran Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Absent: Justice Raymond W. Edwards (Justice training school) ' Councilman Paul Stoutenburgh (out of the country) SUPERVISOR MURPHY: Thank you. i would like a motion to approve the minutes of theISeptember 2~Ith, 1985 meeting. Moved by Councilwoman Cochran, seconde~l by Councilman Schondebare, it was RESOLVED that the minutes of the Regular Meetin9 of the Southold Town Board, held on S~ptember 24, 1985, be and hereby are approved. OCTOBER 8, 1055 Vote of the Town Board: Councilman Townsend, Su This resolution was declared ADOPTED. ~ocb. ran;- Councilman Schondebare, 57 SUPERVISOR MURPHY: Okay, another resolution to set the next meeting, a Special Meeting, OCtober ;15th, 1985. at 1:00 P.M., and a Regular Meeting, October 22nd, 1985, at 3:00 P.M. Moved by Councilwoman Cochran, seconded by Councilman Townsend, it was RESOLVED that the next meetin9 of the Southold Town Board will be a Special ~ to be held at 1:00 P.M., Tuesday, October 15, 1985, at the Southold Town Hall/Main Road, Southold, New York, and the next Regular Meetin9 of the Southold Town Board will be held at 3:00 P.M., Tuesday, October 22, 1985, at the Southold Town Hall, Main~Road, Southold;. New York. Councilman Townsend, Supervisor Murphy. This 'resolution was declared duly ADOPTED. SUPERVISOR MURPHY: At this time I would like to present a Special Proclamation. This is National Fire Prevention Week and we have some representatives from the fire service in the Town, and at th~s time i think it's very fitting for the Town to thank the fire service for the great effort they contributed to the residents of Southold Town since the hurricane; opening up their fire houses, making their personnel and ~equipment available for many, many hours, for many days, and on behalf of the entire Town Board I would like to thank the entire fire service. We have also with us tonight a young man, which is very nice to see, a Junior Fireman in the Mattitucl~ Fire Department, Brian phillips. A sixteen year old young man who is dedicated, WhO's .interested and who's working. Various departments are starting this junior fire department. Greenport's had it for many, many years and it's a qood way to get people interest~ecl and a good way to make sure we're going to have a plentiful supply of volunteers, which certainly Southold Town needs and I know all of the residents of Sout'hol~! Town appreciate it. I'd 'like to read this proclamation: Moved by Supervisor Murphy, seconded by the Entire Town Board, WHEREAS, thousands of men, women and children die and suffer serious injuries from fire each year; and WHEREAS, many thousands of homes, schools and businesses and other properties are destroyed };y fire resulting in untold economic and personal loss; and WHEREAS, adequate fire prevention precautions would have prevented much of this loss of life and property; and WHEREAS, the fire services of Suffolk ~County and Southold Town dedicate themselves to not only extinguishing fire~ but to try and educate the public' about the dangers of fire.; now, therefore, be it RESOL~/ED that the Town Board of the Town of Southold hereby proclaims the week of OCTOBER 6 - 12, .1985 as FIRE PREVENTION WEEK in the Town of Southoid, and urges all citizens',of the Town of Southold to dedicate themselves to a campaign against the ever present menace of~ fire; and be it]~;~further RESOLVED that the Town Board of the Town of Southold hereby commends the Southold Town Fire Service and the Suffolk County Department of Fire Safety for their effective fire prevention pro,rams which will advance the cause of fire safety throughout th~. County of Suffol[~ ia~d Town of Southold~ Vote of the'Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman ToWnsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: I thank you, and let me present the proclamation. Brian, as the youngest member, we'll present it to you. i. REPORTS. SUPERVISOR MURPHY: Moving on to the first item on the agenda is Reports. There are quite a few of them for your information. These are on file in the Town Clerk's Office for anyone to review at any time. 1. State of New York Office of the State Comptroller - Report of examination, Town of Southold, for the year ended December 31, 1984. 2. Vietnam Veterans of America - Suffolk County Chapter, East End POW/MIA Committee Report #3. 3. Town Clerk's monthly report- September 1985. 4. Building Department's monthly report - September 1985. 5. North Fork Animal Welfare League, Inc. - monthly repor.t-- September 1985. 6. Supervisor' monthly report- September I985. 7. Board of'Town Trustees' monthly report - September 1985. 8. Dimension~'Cable Services' monthly report - September 1985. 9. Szepatowski Associates, Inc. - monthly progress report - September 1985. 10. · Councilmen's reports --I might say at this time that Councilman Stoutenburgh is in Switzerland and Judge Edwards is attending a Justice training course, so we'll start with Councilman Cochran. 58 OCTOBER 8, 1985 COUNCILWOMAN COCHRAN: Well, due to the storm, Frank, I have very little to report. We've been busy getting out from under the trees. I did attend the United Nations Program last evening at the Southold High School. It was a very, very impressive program. About a week ago there was a meeting up at the Peconic Center in relation to the bloom that we've had in the Bay this summer and l'm sure Council- man Townsend will be reporting on that part. That's about it, Frank. Hasn't been too much happening. SUPERVISOR MURPHY: Thank you, Jean. Joseph? COUNCILMAN TOWNSEND: A follow-up on that meeting that we had at the Peconic Senior Citizen Center, it was originally scheduled to be at the Marine Science Cente~r-~ on Cedar Beach and they had an unfortunate incident, the roof blew off, so we hadl' ,I to r~schedule..i~ her~.~.'~ Ih attendance were ~ several memb, ers °f. ihe Ma~in~,$cience ~ ~i c0mmunit~ frd~ both'St0r~Y B~ro6k and ~Uffc~Ik c~°mm,~i~,~ We ~a~i SOme of ti~e ptirVe~!rs and producers of seafood; George BraUn and the Long Island Oy.~ster Farmsand quite a few Baymen and some local politicians and people interested in it. What we're trying to do is develop a plan of action .fo~' next ,year. The entire scallop bug, population apParently has been killed by this bloom o~ diat0mes ancl what we ~-e g~i~g ~o cio now is figure out how is the best way to go about seecling the Bays could be accomplished and the next meeting I think w~'re g~ing to tryto get Steve Malinowski;"w. ho'~ worked with scallops., and Scott Rid.ell ~wh0'~ _~0~t.a'9~ant' from the DEC, who is a' scientist at Stony Brook, to come down and talk ~bodt'iWhat we can d0~ Some interesting things came out at the meeting s a,c, by~ Walteri,Smith of the history of problems in the scallop surprising and shocking things the oyster population was killed, th that it Was happening, : bloom had gone and tha down the drain. One re~ support scientific research into that as part of ou~ program. Ot shellfish industry. One of the more was the revelation that about 60% of oyster population. Nobody realized they pulled the oysters after the million c~olla~ invest~ent that's gbne the Town and all other !towns and I believe that we will do that happened this weekend: of course is one of the most important steps if there is no objection after that hea the development rights of about 321 acres. I Very impressive and very informativ~e~' ~sPecia think, Jean? Frank mentioned the hUrri'cane. That caused the can~cellation of a lot of functions that we would normally go to. I'~caiied tl~T0wn Hail ieariY in-the~morning on Friday and found that the phor~ was b~syi ~o'1 ~ame down and 'tried to ~elp out. Frank, I guess was here and then down at .the Police Departmpnt and Jud~ was maning the phone most of the day. Was was interest i~o kno~ ~ha~ we got calis from Brent~vood ~ and Lindenhurst and thingsi~ke that; 'W~ were',the bnly r~umber~ey could ge~t t. I through t~' ' Did a highway inSPec~i0n, 'Which We fOr~o~ tO pdt or~ ti~e agenc~a~.the i~,,~ Highland Estates. Went ~there yesterday.with Ray and~. looked at it. It?:iook$ I~ke ~ it's fine. I m,~et several times wit~ Diar~e i~rom thee Plar~njng ~Board and with Bob Tasker to go over the applications to~the~Farmla~d ~,pr~gra~ ,There's goi~ng to be a resolution on the books which will authorize ,to sign the options. We have six farmers who have alread ~:' ~d three just about to. This t~ schedule a hearing and uthorize the purchase of and it was was great, didn't you COUNCILWOMAN COCHRAN: Bessie SW~nn is ~uperb.' ~hey all were. COUNCILMAN TOWNSEND: it was terrific. They had some of the local Gospal groups there and they'd knock 'your socks off. That's all I have. SUPERVISOR MURPHY: Jay? COUNCILMAN SCHONDEBARE: Yes, Frank, thank you. Like everyone else, the lights went off and nine days later they came back on again and I think probably the other Town Board members will join with me to thank the LILCO linemen and the working guy who had to go out there and try to restore that power and try to restore the ~ines, as well as all the other companies and groups that came in. ~ I know I saw Rockland and Orange County, Virginia, Ohio, Central Hudson, Con EdI ~! if I didn't mention it. i think one thing that disburbed more than anything,' and w~~,~ were talking about it t~lay, we're going to, I believe, hire an engineer to go out and do a survey of this Town. One thing that bothers me ~as the factors of the constant reports that i got personally from the Con Ed people about an antiquated system, a system that was falling apart and waiting for an accident to happen, or a big wind .storm~ obsolete transformers and lines, etcetera, easements that were never taken care of for the last forty years. I know that was ray-problem. It was an easement that they had and' they didn't do.anything .about it for forty years and then there were forty foot ~ak tre~es and locust trees ali around the poles and ali around the lines and they.couldn't literally get a truck in. ~ It was impossible. It ran for about 300 feet, so I think that's a worthwhile project and I'm looking forward to the report to come in on it. It caused me to ~to so serious thinking about SEACOM and the possibilities of it. Jean. and i spent from S:30'to 7:30~ !hat's why the Town Board meeting was late, we do apologize to you, conductin9 interviews for the Economic Advisory Council, which we are establishing. The ~e_sumes are fantastic; thepeople OCTOBER 8, 1985 ~ that we met are fantastic; and ih9 to have a very difficult time trying to narrow it down to the So we're very impressed and it's somethin9 that I'm looking forward to seeing some good work and some good reports out of it. I can't think of anything else, Frank. SUPERVISOR MURPHY: Thank you, Jay., I will say it was probably the busiest two weeks that I've ever had. I think I've spoken to 2,000. people on the phone in the last week. I would like to give a special thanks to the Town employees, our Highway Department, ourPolice Department and our Nutrition Center, for their reactions and the way they operated and,wOrked during the storm. 'It was fantastic. Down in the Nutrition Center we sent out a tremendous amount of extra meals to people who couldn't get there, We had a lot of extra people attending the Nutrition Program and it is a great asset.. The Highway Department did a fantastic job. On Saturday night most all of our: roads were clear and this is not so in many other towns today. The To~'n cf Sm~thtoWn, ~:n ~artnin,ar~;. !cck~ !:ka ~ d~sastar: Th~ Town ~f !~!!p the Town of Babylon, the same thing. In certain ,areas they still really are not cleared and we were cleared the next,day and we had a tremendous amount of damage. l'd like to ,thank the press, and the radio, in particular, for helping to inform the people. I think they did a fantastic job to keep them abreast of-:~vhat was going on. ~lso I'd like to thank the County and State agencies which helPed the Tow,r~: quite a bit.' We had the National 'Guard in here. They provided gene~a!ors to:two :private water diSl~ricts where. We '~ere, mble to get them ~;ater arid we had ,a cr~eTM f, r0m another outfit, another Patchogue'unil~ Of the~'National Guard who came and did Some' tree clearing on, some Private roads' for us. It was a great assist to us and ~it was great that we could work together and Jay mentioned LILCO',and these, other crews from as far away as Wisconsin. I think they did, a fantastic job,of working: ~They put in a tremendous amount of time. I was involved v~ith some', key personnel: We hid phone numbers that at no time that I called was the phone busy,, so this ils how :private the number was and the response was almost instantaneous, i~ it had t° :be. ancJ the system worked very well. Southold Tow~n cooperated with L1Lc0~quiiJe a 'bit: we diverted-- after our roads were clear we diverted our entire Highway, Department. We had, at times, 15 different units going out with LILCO crews ,to help them clear right-of~ways and all that which was a resotration of the power'to people. I. know people ] really doesn't think it was fast, but it could was really fantastic. Pd !like to mention that we are take a long time. we are.taking it to beaches have the long haul from Orient, Mattituck, Laurel to there. The equipment we have in the L~ndfill, the tub ,ate property to of the nine--ten days weeks too. The cooperation h. It's going to so we don't We'll~:store it in i~inder,:w~'ll then bring down to these areas and actually grind the material right there,, it wi~,l:l save :the Town quite a bit of money. The only thing, it's 9oin9 to take some time. PeoPle have to be patient, if anyone can, and a tremendous amount of people are doing it, they are bringing their own brush to the Landfill and thank H~avens we're averaging on weekends over 2600 vehicles coming in to the Landfill. ,So it's been: a very busy 10 - 12 days here and again last night qUite a few that U.N. celebration. I accepted, on behalf of the Town, ",,from the U.N. I have it here if anyone would like to see it after y, medal and it was a very impressive service. You're welcome to come up and take"a~ look at it later. II. PUBLIC NOTICES. SUPERVISOR MURPHY: Moving on. to item I! on the agenda, Public Notices. 1. DEC Notice of Complete Applicati.0n by.Ruth Bohn to subdivide a parcel into two residential lots. Located on~Beebe Drive, East Cutchogue.. Written.comments to the DEC by October 11th. 2. DEC Notice of Complete Application of Joyce. and Joseph Zevits to construct a single family dwelling with attached deck, install a sanitary system, along the east side of Little Peconic Bay. Written comments again by October 18th. 3. Department of Environmental Conservation, Notice of Complete Application by C. Bruce Staiger to sudivide 51,000+ square feet into two lots, Wells Road, Richmond Creek, Southold. Written comments by October 18th. 4. New York State Department of Environmental Conservation, third public hearin~ on the Long Island ~Ashfill law's Generic Environmental Impact Statement, tonight, 7:30, in Riverhead. Anyone who would like to have written comments should forward them to Marshall Irving, Administrative Law Judge, New york State DEC, Building q0 in Stony Brook. - III. COMMUNICATIONS: IV. PUBLIC HEARINGS: 1. Concerning the Long Island Regioanl Ashfill Projeqt,. NOne scheduled. V. RESOLUTIONS.-- SUPERVISOR MURPHY: The first one is to--do you want to hold this? (Advertise fo~ bids for a prefabricated modular kennel system for the Southold Town Do9 Pound,) COUNCILMAN SCHONDEBARE: We don't have enough votes to carry it. 0 OCTOBER 8, 1985 SUPERVISOR MURPHY: Number 2 is a proclamation we presented earlier to proclaim the week of October 6th through the 12th as National 4-H week in the Town of Southold. I offer that resolution. 2. Moved by Supervisor Murphy, seconded' by Councilwoman ~Cochran, WHEREAS, the 4-H program of Cooperative Extension since its beginning 6!t years ago has contributed much to~ the health and Welfare of the Nation and has encouraged many young people to choose carees which help improve family and community living; and WHEREAS, during this week 4-H member~, leaders and families will observe NATIONAL 4-H WEEK ~ith the theme: '4-H for Youth for America", and WHEREAS, 4-H members put into practice the skills and science they learn as they develop their talents through 4~H projects and strive to "learn for living", and WHEREAS, in these' changing times young people, who are the citizens of tomorrow· must discover and acquir~ the virtues of reSpOnsibility, thoughtfulness, morality .an¢ ~un6erstandi~,9, i~d ' - WHEREAS, the more than 500 volunteer adult 4-H learders are organizing their 4-H Clubs for the-1985~86 year', many others are organizing clubs for the first time, and WHEREAS, the more than 110,000 boys and glr!s participating in 4-H programs thr:oughout Suffolk County soon Will be taking their places in society by establishing homes of'their own and ioining'the ranks of' community leaders, now, tl~erefore, 'be it RESOLVED that in reco~ition o[:the fine achievement~~ df 4LH members and their familieS, ~the Town Board of ~the 'Town of Southold does hereby proclaim the WEEK OF OCTOBER 6 - 12, 1985'~s NATIONAL~ 4-H~WEEK IN THE TOWN OF SOUTHOLD. 2.-Vote of t~he Town Board~ Ayes:' "Councilwom~n Co(~hran, Councilman Scldondebar:e· Councilman Townsend, Supei~/is0r~Murphy. This re. solution was 'declared duly ADOPTED. SUPERVISOR MURPHY: ~Number 3 is to authorize me to execute an authorization for a taw firm to represent ~l~e _ToWn. 3.-Vote'~of' the ToWn Board: 'Ayes: Councilwoman Cochran, Councilman Schondebare, CounCilman Townsend', Siupervisor Murphy. This resolution was declared ~ duly ADOPTED. Moved by Councilman Townsend, seconded by Councilman Schondebare, it was .= RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Suprvisor Francis J.',Murphy to execute an authorization for Curry, Hammill, O'Brien S Croutier, P.C,., attorneys for the Utica Mutual Insurance Company, to appear on. behalf of the ~TOwn of Southold in the Supreme Court, in an action brought by Doris Petersen and Walter Petersen,. and an action brought by Suzanne Culotta, infaht, and James A. CLilotta. · Moved by Supervisor Murphy, seconded by Councilman Townsend, it was RESOLVED that Supervisor Francis J. Murphy, Emergency Preparedness Coordinator for .the Town of Southold, hereby declares the Town of Southold to be in a state of emergency, effective 12. Noon, September 30, 1985, as a result of Hurricane Gloria, which occurred on September 27, :1985, and has caused tremendous damage and loss of water and power in tl~e Town of Southold. COUNCILMAN SCHONDEBARE: Just for the record, you're declaring it now, but then has already expired, right? SUPERVISOR MURPHY: It expired in five days. COUNCILMAN SCHONDEBARE: I dor~t want people thinking that we're still in a state o,f emergency. COUNCILMAN TOWNSEND: Maybe you ought to run down the advantages. SUPERVISOR MURPHY: The purpose of declaring this was many-fold. One was to help make sure--we had checked with Senator Ken LaValle~-to make sure that schools would,get credit for State Aid if they have to use a lot of snow days because of this emergency, it would give us a little more clout. It also gave me the authority to all~ the Highway Department to go on private prop(~rty where we had to, and also to the Police Department the added powers. One of the uses was down here on Lower Road--on the Main Road near the monument, where the poles were down and actually the State had no control of that road because it was under the control of LILCO and the barricades were very insufficient and so we were able to order and direct the Police Department to supersede LILCO in this matter, and many other small matters, and hopefully if the Federal Government is going to reimburse the towns for the tremendous expense of clean-up, that this will make a stronger case for us. Any questions? (No response.) 4.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 5 is to endorse the concept for a State Lobby of Towns. Moved by Supervisor Murphy, se. cond~d~ouncilman Schondebare, WHEREAS, the large towns within NeTM York State have unique collective interests; and WHEREAS, the State Legislature has enacted legislation which affects the towns on a daily basis; and WHEREAS, such legislation often does not take full account of home rule messages and the ever-increasing costs to towns for providing services; and WHEREAS, a dwindling amount of State per capita aid and a lack of reimbursement to towns for the cost of State authorized property tax exemptions are but two examples of State legislation which have negatively impacted on the financial security of towns across New York State; and WHEREAS, such legislation has had the cumulative effect of eroding local rule and self- determination and ~ncreas~ng the burden of local property taxes; and WHEREAS, the Town of S0uthold shares these interests and concerns with other towns =crc-~- H~':: York St,~t~, ~d ~.~!d bE '~,~!! ~_r~,~_d ~¥ ~rt~c~=~ ~ ~ ~t~t~.~ ~- ication which would provide notification to towns whenever a piece of legislation is introduc~ which would be of interest to the governing bodies of such towns~ and WHEREAS, a number of large towns from across New York State have organiz~ ~he New York Sta~e Association Lobby for Towns (NYSALT) to support an Albany-bas~ staff to provide information and lobby se~ices to member ~wns; and WHEREAS, the Steering 'Committee for the New York State Association Lobby for Towns [NYSALT) has determined that a fair and equitable spOnsorhip plan necessitates a contribution 0f ~150 per 10,000 citizens within each township as certified by the most recent F~eral censu~~e[~tric company estimate, phone cO~Pany estimate ~r any other population count ~r estimate commonly used by' the tOwnsh?; and WHEREAS, the Town of SoUthold has 19,819 residents as'd~termin~d by the 1980 Census count, resulting in a m~bership contribution of ~300 dollarS for the 1986 calendar year membership in NYSALT. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Southold hereby endorSes the ~ncept of the New York State Lobby for Towns (NYSALT) to represent the unique and special interests of the Town of Southold together with other towns across ~the State; and be it further RESOLVED, t~at the Town Board of the Town of Southold hereby authorizes the ex- penditure of $150 per 10,000 citizens or fraction thereOf as certifi~ by the most recent 1980 Census count fo~ a total expenditure of $300 dollars for 1986 membership in NYSALT =and be it further ' RESOLVED, that the Town Clerk of the Town of Southold is hereby directed to send a copy of this resolution, to the NYSALT Steering Committee, C]o Gregory W. Munson, Deputy Supervisor,-Office of the Supervisor, lslip Town Hall, 655 Main Street, Islip, New York 11751. '- SUPERVISOR MURPHY: This is a new association that the small towns, Or the towns of Long Island are joining, plus some larger towns from Upstate New York on a per- rated basis. It will cost the Town of Southold $300 and this is all being pooled together to hire a lobbyist to watch out for the interests of the town in Albany. They felt it Was very important. A lot of legislation has come down concerning sales tax, concerning exemptions and all that, where it really has a dramatic, tremendous impact on the Town and there is no way Of funding, in particular by the State and ali it's doing is causing a larger burden on some of the property tax ratepayers. Any other questions? (No response. ) 5.~-Vote Of the Town Board: Ayes: CouncilWoman Cochran, Councilman Schondebare, Councilman Townsend, Supervisor Murphy..~-. This resolution was declared duly ADQ~TED. SUPERVISOR MURPHY: Numbers 6 and 7 we're ~oin~l to hold to have the Town Attorney finalize it. I think we have finally come to an agreement on it which I'm very happy to see and glad to have it started on the road to passage (No. 6-proposed Local Law entitled, "A Local Law in relation to Accessory Apartments in existing dwellings", No.7-~declaration of lead agency for this proposed Local Law.) Number 8 is to thank a lady who donated a flag to the Town of Southold. 8. Moved by Councilwoman Cochran, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby extends their sincere thanks and appreciation to Mrs. Constantine Flami0, Hobart Road, Southold, for donatin~ here American Fla~ to the Town of Southold in memory of her husband who served six years in the United States Air Force, and be it further RESOLVED that this resolution be entered in the permanent"-records of the Town of Southold and a copy be transmitted to Mrs. ,Flamio with best wishes for good health and happiness in the years ahead.. SUPERVISOR MURPHy.: MrS. Flamio came to my office, presented the flag to me. It was extremely nice of her.~ She requested that it be put down in Triangle Park down here and we will give it to the Park District to fly as their flag is in dire need of repair and so it certainly will be welcome. 8.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. OCTOBER 8, 1985 -9. SUPERVISOR MURPHY: Number 9 is to amend a previous resolution. Moved by. Councilwoman Cochran, seconded by Councilman Schondebare, it was RESOLVED that the Town Boasrd of the Town of Southold hereby amends their Resolution No. 8, adopteed on September 2~, 1985, to read as follows: "RESOLVED that the Town Board of the Town 'of Southold hereby sets, effective October 1, 1985, the 1985 per hour salary of Nutrition Center Cook, Mary Ann Ludlow, at $6.50 per hour ($11,830.00 per annum), and the per hour 1985 salary of Nutrition Center Assistant Cook, Lori Mclver, at $6.00 per hour ($10,820.08 per annum)". SUPERVISOR MURPHY: Any questions? .(No response.) . 9.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Townsend. Supervisor Muroh¥. This 'i~e~olUtion was declared duly . ADOPTED. SUPERVISOR MURPHY: . Number .10(a) is to amend another resolution. 10.,Moved by Councilman Townsend, seconded by Councilman Schondebare, it was (a) RESOLVED that the Town Board of the Town of Southold hereby amends their Resolution No. 9, adopted on September 24, 1985, to read as follows: "RESOLVED that the Town Board of the Town of Southold hereby appoints Marie Helinski, effective October l, 1985, as Assistant Director and Bookkeeper of the S~enior Day Care Center, at a salary of $1,809.00 per annum. 10.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, [a] Councilman ToWnsend,' Supervisor MUrphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 10(b) is to amend another resolution. 10. (b) 10. (b) Moved by Councilman Schondebare, seconded by Coundlwoman Cochran, it.was RESOLVED that the Town Board of the Town of Southoid hereby amends their Resolutions No. 10 and 11, adopted on September 24, 1985, to reflect the appoint- ment dates of Beatrice MacDonald R.N., to work at the Senior Day Care Center, and Jeffrey'Andrad.e as Dishwasher for the Nutrition Program, effective October 1, 1985. Vote o~ the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebar_e, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 11 is to transfer funds in the General Fund Whole Town Account. 11. Moved by Councilwoman Cochran, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followin9 transfer within the General Fund Whole Town 1985 Budget: From: A599 Appropriated Fund Balance ...................... $19,600.00 Into: A960 Appropriations, A1910.4 Insurance, Contractual Expenses ..... $19,600. 00 11.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: ~ Number 12 is'a tr'a'~sfer, General Fund Part Town 1985 Budget. 12. Moved by Councilman Townsend, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southoid hereby authorizes the following transfer within the General Fund Part Town 1985 Budget: From: B599 Appropriated Fund Balance .................... $13,800.00 into: B960 Appropriations B1910.4 Insurance, Contractual Expense. .... $13,300.00 B8010.4 Zoning, Contractual Expense ............ 500.00 Total ....... $13,800.00 12.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 13 is to authorize the expenses of bringing up a Mr. Wallace Duncan to come to Southold-Town to discuss the legal feasibility of us acquiring.our own electric utility here. 13. Moved by Supervisor ,Murphy, seconded by Councilman Townsend, it was RESOLVED that the Town BoArd of the Town of Southold hereby authorizes the reimbursement of necessary travel expenses and payment of charges, if any, to Wallace L. Duncan of the [aw firm Duncan, Weinburq .& Miller, P.C. ~ Washington, D.C. to travel from Washington, D.C. to the Town of Southold to attend a special meetinq of the Southold Town Board 'to be held on October 15, 1985, for the OCTOBER 8, 1985 purpose of discussing the poss~b.le a~clu~slbon o~ LILCO assets in the Town of Southold. 13.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 14 it to approve a lease for rent on Fishers Island. 63 14. Moved by Councilman Schondebare, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis j. Murphy to execute a lease approval between the Fishers Island Garbage and Refuse District and Royal Painting Co., for the under- ground space between Gun Pit No. 3 and the premises to theast thereof presently leased to Heath, at Fishers Island. New York, to commence from the 15th day of September 1985 and 'end on the 14th day of September 1990, at an annual rent ot $360.00. COUNCILMAN SCHONDEBARE: TOWN ATTORNEY TASKER: think that's very important. COUNCILMAN TOWNSEND: TOWN ATTORNEY TASKER: Underground gun pit. SUPERVISOR MURPHY: This one is not being used. TOWN ATTORNEY TASKER: east end. Bob, for what? ! think he's .in the l~ouse painting business, but l don't Don't ~vorry about it. This is a gun. pit. This one is north of Whistler Avenue at the extreme SUPERVISOR MURPHY: It's a vacant one, Joe. It's not used for anything. TOWN ATTORNEY TASKER: Where they have their burning pits and this is an underground room that he's going to use for his--as I understand it he's in the house painting business and he's going to use this for his office and place of business. COUNCILMAN SCHONDEBARE: This is Town property? TOWN ATTORNEY TASKER: This belongs to the Town of Southold, yes.---Excuse me, i'm a little bit confused myself. This belongs to the Fishers Island Garbage and Refuse District. Under:.the provisions of the Town Law applicable to refuse and garbage districts, when they lease property they have to have the approval of the Town Board and that's the only reason this matter is before you. COUNCILMAN SCNONDEBARE: It's their property, not ours. TOWN ATTORNEY TASKER: Yes. They bought it from Fishers Island Development. As a matter of fact they didn't buy it, they got it as a gift. It's going to be the future site for their incinerator for their landfill. 14.-Vote of the Town Board: Ayes: CouncilwOman Cochran, Councilman Schondebare, Councilman Townsend, Supervisor MLrrphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 15 is to accept a bond. 15. Moved by Councilwoman Cochran, seconded by Supervisor Murphy, it was RESOLVED that the Town Board, of the Town of Southold hereby accepts Bond No. 941568, issued by Republic Insurance Company, in the amount of $350,000.00, for roads and improvements in the major subdivision known as "Lon9 Pond Estates, Section 1", Southold, New York. 15.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED SUPERVISOR MURPHY: Number 16 is to approve the payment of the bill for our very successful STOP Program. 16. Moved by Councilman Townsend, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby approves for payment the bill of Chemical-Pollution Contrbl inc., Bay Shore, New York, in the amount of '$7,625.00, for the removal and disposal of 35 drums of household waste in the amount of $6,125.00, and set-up fee in the amount of $1,500.00, for the STOP Program-held on September 14, 1985 at the~Southold Town Landfill site. 16.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Townsend, Supervisor Murphy. This resolution was declared dul_y ADOPTED. 64 OCTOBER 8, 1985 COUNCILMAN TOWNSEND: What did we budget for that, $7,000.00, Frank? SUPERVISOR MURPHY: We didn't budget anything. Taking it out of Landfill and we'll have to transfer into it later. Number 17 is to grant a Step I salary increment. 17. Moved by Councilman Schondebare, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby 9rants Kent McCarthy, Bay Constable, his Step I salary increment in'the amount of $500.00, effective October 23, 1985. 17.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. Board of Assessment Review. 18. Moved by Councilwoman Cochran, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret the resignation of Andrew S. Pitre, member of the Board of Assessment Review, effective October 15, 1985, and extend to Mr. Pitre the Board's best wishes for happiness in the years-ahead. 18.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 19 is to enact Local Law No. 16, a Local Law providing for the defense of town officers and employees. 19. Moved by Supervisor Murphy, seconded by Councilman Schondebare, WHEREAS, a proposed Local Law No. 16 - 1985 was introduced at a meeting of this Board held on the 10th day of September, 1985, and WHEREAS, a public hearing was held thereon by this Board on the 24th day of September, 1985, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that. Local Law No. 16 - 1985 be enacted as follows: LOCAL LAW NO. 16- 1985 A Local-Law providin~ for the defense of town officers and employees BE I~T ENACTED by the Town Board: of the Town of Southold as follows: I. The Southold Town Code is hereby amended by adding a new Chapter thereto, to be Chapter 8- to read as follows: Chapter 8 Indemnification of Officers and Employees S~ction 8-1. The Town Board Law and confers employees. Section 8-~2. hereby adopts Section 18 of the Public Officers- the benefits thereof upon all town officers and The To~n shall provide for the defense of any town officer or employee in any civil action or proceeding arising out of the alleged act or omission in which it is alleged that the officer or employee has violated the civil rights of the claimant, petitioner or plaintiff. under Sections 1981 and 1983 of the U.S. Civil Rights Act. The Town shall indemnify and save harmless such officer or employee in the amount of any judgment or settlement-of claim obtained against --~ such officer Or employee. Such legal defense and in'demnification shall be provided where the officer or employee at the time of such alleged act or omission was acting in good faith and within the --' scope of his public employment, powers or duties. The provision of this section shall be in addition to any other .statute, local law or enactment providing legal defense and indemnification in civil actions brought against such officer or employee. I1. This Local Law shall take effect immediately upon filing in the Office of the Secretary of State. 19.-Vote of the Town Board: Ayes: Councilwoman. Cochran, Councilman $chondebare, Councilman Townsend, Supervisor MurPhy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 20 is the appointment of Angel Cordes as a part-time Aide for the Southold Town Senior Adult Day Care Center. OCTOBER 8, 1985 20. Moved by Supervisor Murphy, secon~e~l b~ Counc. lwoman Cochran, it was I~ESOLVED that the Town Board of the Town of Southold hereby aj~points Angel Cordes as a part-time Aide for the Southold Town Senior Adult Day Care Center, effective immediately, at a salary of ~3.35 per hour. 20.~Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman' Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 21 is the appointment of Janet E. Gilbert as a part- time Clerk -Fypist in the office of the Assessors. 21. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was RESOLVED.that the Town Board of the Town of Southold hereby appoints Janet E. ~ill3~t ~ .4 .part-time Clerk T¥1~ist in the Assessor's Office, effective immediately. at a salary of $5.00 per hour, 17-1~2 hours per ~-~ ........ 21.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,' Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. 6¸5 SUPERVISOR MURPHY: Number 23 is to authorize the Supervisor to execute the opinion agreements for nine parcels for the Farmland Preservation Program. 23. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute Farmland Development Right Acquisitions - Option Agreements for the following nine parcels: 1. Latham Farms, Inc., Main Road, Orient, 63.9 acres. 21.8 acres. 2. Albert Krupski, Jr., between Skunk Lane and Little Neck Road, Cutchogue, 3. John C. Tuthill, County Route 48, Mattituck, 22.6 acres. 4. Frank Cichanowicz:lll, Main Road, Southold, 21-.2~ ac~es.. 5. John Nierodzik, Main Road, Southold, 18-1/2 acres. 6. John Simicich, Jr.~and Catherine .Simicich, Bergen Avenue, Mattituck, 39 acres. 7. Charles Simmons, Sound Avenue, Mattituck,. 34.6 acres. 8. Byron Horton, Main Road, Cutchogue, 50 acres.' 9. John Sepenoski, Old North Road, Southold, 50 acres. 23.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. ~- SUPERVISOR MURPHY: Number 24 is to set public hearings beginning at 8:00 P.M., Thursday, ~November ~7th, relative to the acquisition of development rights of nine parcels under the Farmland Preservation Program. 24. Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of SoUthold hereby schedules the following public hearings for the Acquisition of Development Rights in Agricultura! Lands: beginnin9 at 8:00 P.M., Tursday, November 7, 1985, Southold Town Hall, Main Road, Southold, New York: Latham Farms, Inc., Main Road, Orient, 63.9 acres. 21.8 acres. Albert Krupski, Jr., between Skunk Lane and Little Neck Road, Cutchogue, John C. Tuthill, County Route 48, Mattituck, 22.6 acres. Frank Cichanowicz i11, Main Roa~l, Southold, 21.24 acres. John Nierodzik, Main Road, Southold, 18-1/2 acres. John Simicich, Jr. and Catherine Simicich, Bergen Avenue, Mattituck, 39 acres. Charles Simmons, Sound Avenue, Mattituck, 34.6 acres. Byron Horton, Main Road, Cutchogue, 50 acres. John Sepenoski, Old North Road, Southold, $0 acres. COUNCILMAN SCHONDEBARE: You've got the date November 7tl~. Those dates run 45 days.- And then I remember I spoke to a few of the Board members and ! spoke to Bill Grigonis--- TOWN CLERK TERRY: I know, I passed that on to the Supervisor and the Town Attorney. COUNCILMAN SCHONDEBARE: Right. So are we going to stay with November 7th? SUPERVISOR MURPHY: Number 22-is to authorize me to sign the Fishers Island Radiolo~lical Emergency Response Plan for the Millstone Nuclear Power Station. 22. Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Francis J. Murphy and Justice Raymond W. Edwards to execute the signature page of ~he Hamlet of Fishers Island, Radiological Emergency Response Plan for the Millstone Nuclear Power Station, Waterford, Connecticut. 22.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebar~e, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. 6 OCTOBER 8, 1985 SUPERVISOR MURPHY: Bob feels we should so we can make sure we get the other three in. COUNCILMAN TOWNSEND: Did Bill want to set it up sooner? COUNCILMAN SCHONDEBARE: Yes. Was it 30 days or 45 days? TOWN CLERK TERRY: Forty-five days. COUNCILMAN SCHONDEBARE: Bill wanted it as soon as possible. COUNCILWOMAN COCHRAN: I still think you're further ahead allowing for those ~-~.. other three to be signed. ? COUNCILMAN SCHONDEBARE: Okay, as long as we took it under consideration. H asked me. 24.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Townsend, Supervisor Murphy. This resolution.was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, number 25 to 31 i think~we'li hold and we'll recess for a period of time after the regular meeting (waiver requests from Local Law No. 16 - ,1985). Number 32 is to set a public hearing, 7:30 P.M., Tuesday, October 29th, 1985 on the petition of John A. Costello.for a change of zone from "A" to "M". 32. Moved by Councilwoman Cochran, seconded by-Councilman Schondebare, it was WHEREAS~ the .South01d .Town Planning Board and Suffolk~ Gouaty:.~D,epar..t.m.e.n~.._of Planning have.prepared official 'reports and ,recommendationls on the_pletition of J(~hn ~'." dos~el.io ;f0r;~ 'cha~ge ~f zone from "A" Residential and Agricultural District to "M" Light Multiple-Residence District on-Certain property situated at Greenport, in the Town of Southoldl and more particularly bounded and described as follows: BEGINNING at the point of intersection of the easterly line of Moore's Lane with the southerly line of Middle Road (County Road 48), said point being the northwesterly corner of the premises herein described; running thence along said southerly line of Middle Road three courses: (1) North 66 degrees, 09 minutes, 10 seconds East .61 feet; thence (2) North 69 degrees, 02 minutes, 10 seconds East 985.10 feet; North 71 degrees 28 minutes 20 seconds Esat 312.64 feet to the westerly line division known "Fleetfield"; thence along said westerly line of "Fleetfield", Sour;h..:16 , degrees, 01 minutes 50 seconds East 1450.11 feet to land of Village of Greenpor~'i th~e along said land of Village of Greenpgort, two courses: (1) South 58 degrees, 15 miAutes. 00 seconds West 71~t. 0,4 feet; thence (2) South 74 'degrees, 45 minutes 00 seconds west 670.00 feet to said easterly line of Moore'S Lane; thence along said easterly line of MoOi*e's Lane, North 17 degrees, 15 minutes, 00 seconds West 1523.22 feet to the point of BEGINNING. Containing 48.7186 acres. NOW, THEREFORE, BE IT RESOLVED that a public hearin9 will be held by the Town Board of the Town of Southold at 7:30 P.M., Tuesday, October 29, 1985, at the Southold Town Hall, Main Road, Southold, New York, on the aforementioned petition, at which time any interested person desiring to be heard on the above proposed petition should appear at the time and place above so specified, and be it further RESOLVED that the Town Clerk be and she hereby is authorized and directed to cause notice of said hearing to be pub?sh_ed in the official newspaper pursuant to the requirements of law. 32.-Vote of the Town Board: Ayesi CoUncilwoman Cochran, Councilman Schondebare, Councilman Townsend, Supervisor Murphy. This resolution Was declared duly ADOPTED. SUPERVISOR MURPHY: That is the end of the agenda, except for the items that we want to discuss further and we still have to finish auditing the bills, but rather than keep everyone here, at this time I will ask if any of the Town Board members have anything further to say? -Jay? (Not at. this time, Frank.) Joe? (Nothing.) Jean? (.Thank you, no.) If not, anyone in the audience? Jerry? MR. GERARD GOEHRINGER: Frank, as Chairman of the Park District, we have som~~ concerns about placing brush at the Memorial Park site. We feel that if brush is placed there it could cause a fire hazard to the surrounding houses and we would appreciate a little bit of time before you intend to move the brush in there. Possibly the option would-be the other site, which is, of course, the yacht club site, where there are no immediate houses right directly around it. This-was brought to my attention by a few .firemen the other day and by our full-t~e person, Mr. James Cox. So I would ask you2-we will talk about it at the monthly meeting, but I would ask you, please, at this particular tim~ refrain from placing any brush at the Memorial Park site. i don't know if there is any there yet, yesterday there wasn't any, but we're very concerned about the houses across the street in the immediate area. I have no idea if this stuff is going to go up. Some of ii is green and some of it is not green. Of course, a lot of it is dead. Okay. SUPERVISOR MURPHY: Thank you. OCTOBER 8 1985 67 MR. GOEHRINGER: I had upsetting to me and was brought to my attention during two phone c~ ~iog dinner tonight, and that was that you had made mention in the public meeting today that there was some concern about the Board of Appeals in rendering a decision. I believe it was on the Ruth Enterprises application. I'm here to accept anything that you might be mentioning concerning that and I'd like to know exactly what you were talking about, because I would like to report back to the Board concerning it. SUPERVISOR MURPHY: I'd just as soon not discuss it now. We'd be happy to have you in at a regular meeting to discuss it. MR. GOEHRINGER: Well, at this particular time--- ¢I]DCD'III(BD i~/llll~Dl-I¥- Itr c:nm~hnrt~v ~,lc:~, W~n~nf~ fn fin,-, IAr~-~ MR. GOEHRINGER: I want to know why the--I've been accused twice in this particular position as Chairman of the Zoning Board. Once for my inability to act very quickly on an application out in Orient, and two, in this particular application and i don't understand the reason why. I would really ask you to refrain from discussing these things at public meetings unless I em there and ! find this extremely upsetting, extremely, extremely unimportant to shoot from the hip as you have done in this particular case, Frank. SUPERVISOR MURPHY: Thank you. Anyone like to comment? COUNCILMAN SCHONDEB^RE: Jerry, do you want to come in and talk to the Board at a Work Session? MR. GOEHRINGER: Yes, particularly if the press is there, definitely. COUNCILMAN $CHONDEBARE: They're always there. MR. GOEHRINGER:~ Any time. Thank you. SUPERVISOR MURPHY: is there anyone else in the audience would like to address the Town Board ? MR. DAVID MUDD: I was going to Greenport~:the last couple of days and as I talked to Frank on the phone yesterday, as a taxpayer, citizen and so forth, emergency and all that I understand. People up there are cutting brush 100 and 200 feet in from the road and bringing it out to the road for disposal. Now, some of us are a little naive, I guess, and we furnished our own labor to clean our own property and we hauled it to the dump. The first question I asked Frank is, can ! put a bill in for that? Because ! took my stuff to the dump. NoW the rest of-these people are taking this stuff--some of those places up there have no trees on the road at all and they are taking the stuff out to the road, expecting the Town to haul it away. If the Town is going into the refuse business, I'm for it, but let us know. It wasn't announced to me that the Town is going to pick this debris up. ! don't know that it's been publicly announced yet. 'When I asked Supervisor Murphy about it he said, no, they didn't announce, it because, you know, more people might put more out. I don't disagree with that, but if I were in the tree business, or the lawn ~lisposal business and so forth, I'd be very upset with the Town and I think I'd have a pretty good cause to raise a real good question as to whether this is the right thing to do or not. Granted we have an emergency. You're going to have a further bigger emergency by not taking action. My suggestion is for you to consider it'.very seriously, if you take e ride down the road, come Halloween night we've got some bonfire potential second to none. If we thought the fire,, if we thought the wind, if - we thought the wind was going to be something, you wait until the fires start up. You're going to leave it out there for two or three months, supposedly, and you're going to create fire hazards second to none. You're also going to create them by moving them into these park areas and some other places where these little children of ours love to have a little bonfire going. I think we ought to think about it a little bit deeper than what we've presently done. I would like to have you think about it. If you're going to announce now that any of us can take all of our debris out of our homes, out of any place else, put it on the road and the Town is going to be responsible for hauling it away, i'll be the first to agree, because I'm going to pay for it just like all the rest of us, but if there are just going to be a few of us take advantage of this, or say 25% I think the rest of us are being set on and I don't appreciate it. I know it wasn't intended that way, but this is the way it's going to develop. I think we ought to announce for the record that you are going to do it and those people that have been stupid enough to haul the stuff away, I would think they ought to be entitled to compensation. I think if i were--again, if I were in the busi-ness of tree removal, brush removal, I'think i would have a pretty good case against the Town for depriving me of a livelihood thatl I?m entitled to. And I'm sure it wasn't intention this way, but I think it's going to develop that way, so ] just thought i'd come here and point out two or three things. I'm sure the potential hasn't been completely thought through but ! think it's something you should give very serious consideration as to what you're going to do. Number one, I'd like to have it announced if you are going to pick it 8 OCTOBER 8, 1985 UP and that I can take anything out of my place and put it out there. I see people now putting leaves out there in plastic bags. I would suggest that you send somebody around and start giving these people some tickets, it's going to be two months before you're going to pick up some of this stuff and can you imagine--i've people across the street from me whose trees fell down in their property. They cut them up and moved them out on the road. I think we as taxpayers and citizens deserve a little better treatment than that. I'm sure their thought wasn't what they were doing to us, but I think somebody should bring it to their attention forcefully. Thank you for your attention. SUPERVISOR MURPHY: Thank you, sir. Anyone else would like to address the Town Board? Frank? MR. FRANK BEAR: I'd 'like to discuss with the Town Board and for the public something related to tWO letters wl~ich have been received I~y~$upe'~v'~s~' Mur~phy, with copies to all members of the Town' Board and to David Spohn and others connected · witl~ the FAA and New York State Department of Transportation. These letters .' were from Paul Pucklir who's title is senior Aviation Consultant for Environmental Science and Engineering, Inc.~. (ESE). In these letters he has expressed a resent- ment that he has not' been paid for work that he thinks he should have been paid for'and so forth, but in these letters also there are other things which I'd like to address this Town Board about. This question of the airport and when a public information meeting or meetings should be held has been a matter of discussion for many months. In this letter Mr. Puckli says that the Federal Aviation Administration (FAA), had requested a third time extension for making their comments on Phases and II studies done by Mr. Puckli. The first was an extension of time until last August the 30th. The second was an extension of time until September 20th. ~-In this first letter to Mr. Murphy, dated September 23rd, 1985, in the first paragraph he s~ys that they, being the FAA~ have asked that their deadline be extended to Octol~er 9th. That's tomorrow. I don't know whether it just so happens that this is the day after the Town Board meeting instead of the day before w something of that kind, but that's the third extension. He says that he talked about public hearings in 30 days being necessary to allow concerned parties adequate time to review necessary material, but he says, "we do not disagree with the conduct of public informational meeting, at .the appropriate time, to keep local communities informed on the progress of the study. However~ in light of the controversy over whether to complete the stu~ly prior to the consideration of FAA comments on the consolidated report, and environmental and financial factors, we feel that a public hearing will only serve to cloud the issue." I'm not sure whether he meant public hearing or public information meeting. "We maintain that the elected officials of Southold Town would better serve their constituents by reserving a decision on whether to proceed with building a publicly owned airport after all the facts have been presented." Now~ some of these things that he said in here are not in accordance with what he has said before in some of his correspondence, and i think that we should have it on the record that these conflicts do exist. For example, in the second paragraph of the letter dated October 2nd he says that, "Murphy was ~critical of the airport study, saying that it's purpose was to examine the feasibility of establishing an airport in the Town of Southold. Not to site an airport in the Town. I feel that the study was done very poorly." I'd like to come back to the word "feasibility,..Very interestingly in his first report of Phase I, and ~i.,d like to get that and just read one line to you. He says here on page 1-2 in the study dated June 1984, "The main objective of this study is to determine the feasibility of an airport on the North Fbrk." That is not quite consistent of what he said before. ,Above ali elsie" it says later on, "the plan must be technically sound and economically feasi'ble." Now, Mr. Puckli also has complained about--again getting back to'the public meetings aspect of what he was talking about--in a letter dated the 17th of December from Mr. Puckli to Supervisor Murphy, he said, "It might also be worthwhile at this point," this is last December, "for the Town Board to hold a public meeting on the airport issue to solicit comments from Town residents." In another letter dated the 8th of January, 1985 from Foster Beach Ill of the State Department of Transportaion (DOT), to David Spohn, the Town's Contact Person in this study, Mr. Beach said as follows- "At this juncture we believe there is sufficient information for the Town Board to present the alternate s.tes to the publi! We recommend that the Town Board schedule a pubhc meeting w~th the techmcal assistance of a consultant to gather public comment on the four alternate sites. Based on the revised consultant report, as well as the result of the public meeting, the Town Board must decide whether or not to go ahead with the feasibility study, and which site~ if any, should be developed as a municipal airport in th~ T~wn of Southold. There. are other instances Where this sort of thing is mentioned, in a letter from David Spohn to Foster Beach, dated the 1st of-~ebruary, 1985, "Per your letter of January 8th~' the l~lew York State Department of Transportation believes there is sufficient information for the Town Board to present the alternate site to the pul~lic. I wou!d, therefore, believe that the information is good enough for publi~ consumption." And he went on to say, "1 feel that we can present a strong case ~- for this airport so that as a good neighbdr it does not destract from the pristine landscape and will be financially and economically viable." I could quote several instances of that, but this last paragraph, which I read you, leads me to something else which i would like to mention and that is from the very be~innin_q this study OCTOBER 8, 1985 ~. ~'6 9 has been something which wa: o{ determining whether'or not there should be an airport, idea. On December 6th, 1984, Mr. Spohn wrote, "A feel the responsibility that I have to do everything possible to make sure that there isn't any stone unturned to get all the available positive data for this study." He said that as Contact Person between the Town and the study firm. Another thing that was said, "The reason why the FAA and the State are interested in a publicly owned airport in Southold Town is because the Town has been designated in the National Airport System Plan to have an airport open to the public." In a letter--ora report rather, dated the 14th of August in 1980-- this goes back to almost the beginning of this--not quite to the beginning--it goes back a long time, but a report from the Airpark Committee and David Spohn, John Dueli, John ApP~lt and William Rose on interviews with firms for Airport Master Plan Site' Selection Study-~this is 1980, and this is what they said, "What is needed is the equivalent of three quarters of a mile of country road that airplanes may use - 'to 9~1 ~c~s~ i:o air space. ~i-ne Commi~[ee is confident that the [vialLed- F[ai't $[t~ Sel~ction Study will co;~firm these views." And the interestingly enough, after the signatures was this line, "This report made without prejudice or intent," In a letter to Mr. Pe!l ," form er Supervisor Pell, from Puckli, dated 'the 15th of September in 1980, when' he as an associate with PRC Speas, "PRC Speas ~is.a firm totally dedicated to the development of aviation. We believe that a publicly owned airport on the North Fork will benefit the Town." I could go on with this sort of thing for the next fifteen or twenty minutes, but what I'm trying to point out is from the very beginning this study has been in the hands of people who have been not trying to find out whether or not the Tow~ of Southold should have an airport, but. ,how to get it, and that is where we are today. Why have they all been putting--why have they been putting off the final comments on the Phases I and II studies one time after an other? . This should have happened--these comments should have been in last June. They got an extension to August 30th, then to September 20th, then October 9th. Where are we going? That means is what they said, a couple of things that Mr. Pucki said in - his letter, refer to .the fact' that there is an effort being made to have these hearings-- these public meet!ngs before the election. Could it be that, there's some effort made to keep the public meetings from being held until after the election? And if so, why? If so, why? This 'has been unfair, very unfair to the public of the Town of Southold. The Town of Southold public should have had an opportunity to comment, to learn what is going on and to give the Town Board an opportunity to get the public input so that they could determine, as was said some months ago, in order to determine whether or not the study should continue after Phases I and I!. Thank you very much. SUPERVISOR MURPHY: Thank you, Frank. Is there anyone else in the audience? Sir? MR. RICHARD BECKLEY, East Marion: I just want to point out, in relation to this study being postponed by the FAA, originally the request for input from the FAA and from New York State, I do not believe came from Mr. Puckli. I believe that was requested by the Town Board who wanted further input from these two concerns due to their lack of expertise in the field. If we weren't waiting for these results that were requested by the Town Board, quite possibly this Phase I and Phase II could have been completed, if not the full study. Thank you. MR. BEAR: I'd like to point out tha~t the request for the extensions came from the FAA, not from this Town Board. SUPERVISOR MURPHY: Okay, is the~e anyone else in the audience would like to speak? Mrs. Bergmann? MRS. DIANE BERGMANN, President of Southold Taxpayers Against the Airport: -The only thing I'd like to say-is Foster Beach says there's a series of ten meetings that should have been held. We have not had ten meetings. The people in this Town do not know where it stands at al!.. I think they should be informed--anything--there are people that come up to me every day saying, "Where's the airport? Oh, I guess it's killed. I guess it's dead." No one is informed. ! think there should be public hearings or meetings to let people know where this is at. Thank you. SUPERVISOR MURPHY: Anyone else like to address the Town Board? Mrs. Skabry? MRS. MARGARET SKABRY, Henrys Lane, Peconic: I've been here several times about the airport issue. Last December I asked if this would be settled before election time. Everyone on the Board seemed to be quite sure it would be. i'm referring to Parts I and il and then possibly killing the study. Well, I wasn't too sur_e about it and i~ seems as if now.we'll be facing a third Town Board since the study was signed for and once again Jol~n Q. Public, a cross section of this community, they were polled-- 63% of the registered voters who are against this airport study. We're going into election time and we still have the airport study. The only thing the Town Board has really done for us was more a token gesture than anything, in it's attempt to pass the resolution that you would not condemn land when the Bergmann's home was being threatened, and not each member of this Board was willing to even vote for that. Since you passed that resolution, which was appreciated, even though we OCTOBER 8, 1985 realized it might not help too much--of course, the runway was surprisingly realigned, the spectre of an airport is still hanging over our heads and I've heard of other areas, such as ash dumps in Riverhead not blending with the aesthetic character of the areas, yet somehow hangers and whatnot might go in the farmland in the preservation act. I am really very, very disappointed in this Board. who is called the lead agency in this. If an engineer has been working on this for five years and has been asked for corrections from DOT and the FAA is upset because.members of my Board h~appen to question the quality of this report as of this point, when citizens last January had to; bring up points that were inaccurate and came to each member of our Board. Amazingly' the same ones that were hit by FAA and DOT. But our Board is not allowed to question this particular engineer as to the quality of his work after five years and he's still on Part I and I!. And our Board is going to back down as being lead agent in this, maybe our Board really is powerless. Maybe each and every one of you on this' Board has no right going to any study, whether it be for t t SEA/COM~ Wetland Preservation or anvthino because you don't have the expertise in that~you know what's right and you know what's .wrong. You know what your voting public wants. The voters have spoken, not special-interest groups in this TOwn'.on this airport study. Sixty-three percent of the registered voters don't want this. Our Town Board'has allowed this to continue, instead of going back over and over again and asking the question, will they soon put this up to a public informational meeting. If so, wouldn't it be worth it to get rid of this study. I'm really sorry I'm going to go through election this way. It's not right. Board members that are being criticized publicJy. Maybe they shouldn't be right now. Others that are not, maybe they should be. It's been very hard. I have made some decisions and I will go candidate by candidate and no pa~ty lines. The ones that ! know that have'~helped us and stood for us and listened to us. They're the ones that I'il support and I hope the rest of the public does the same. Maybe then our officials will go back to being a government of the people by the people for the people. Please, see what you can do about make an appointment for this meetingt even if it is for a fourth Board. Thank you. SUPERVISOR MURPHY: Thank you. Yes, sir? MR. BECKLEY: I'd like to make one more comment. With all due respect, I've heard about 63% of the population voting against an airport. I'd iust like to point out ~that (a) that.was a poll taken before any facts were known to the general public about an airport, I don't even know all the facts yet and I would not hesitate to make a guess which way I'd vote on an airport until ! know about all the facts. -1 think the Board is taking into consideration and they're trying to get the facts. To ask--to put you on the spot to make a decision now is more unfair than anythin~g~ls~ I've hea~-d. Once you have the facts and know what we're .all talking about, tell the public and the public can get all the facts and then we could have a pUbi~~ hearing and if comes to a public referendum, to see if the public wants it or not. But .let"s them know what we're talking about. Thank you. SUPERVISOR MURPHY: Thank you. Is there anyone else would like to address the Board ? MRS. SKABRY: I would like to rebut that. We're asking it to be killed now, because this was first told to us it would be a grass strip. That's the first thing ! ever heard about an airport and that was at an informational meeting of the airport committee two years.ago. And you tell me how a grass strip is 120500 with 36,000 in capacity capable of handling twin engine planes, of various sizes and noise level. The information that has been given out so far is very slar~ted'in this report. They are using data that makes it look like nothing. They are~ not address the-full impact that Will be felt. They're doing a little bit here and a little bit there and sugar coating it and if you're fools enough to ~wallow it, you're going to be like many other towns around here. Why do we have' to make the same mistakes? Can't we learn from the towns in our area that are now backed up with lawsuits because they thought they had control of the town-owned airport. It's ridiculous what this study has started. It started when seven volunteers showed up in '78 to work in a little group to find out if an airport was needed. What kind of a straight view are you going to get? Who could we get to represent us to show the true facts that isn't a member of the FAA or something like that? I'm not a pilot, but I don't have to be to know what an airport is like. I've lived near them, and I know how everyt.hing can be sold very gently. I know how studies start as studies and end up as nuclear power plants. Studies end up as landfills. We don't need the study. We were never asked if we needed the study. We don~t want the airport, grass strip or 747. We don't want it. That's what we're saying. We didn't move here for an airport. We didn't stay here for an airport. You don't want two ferrys in the town, so why do you need a couple more airports. Very simple. No trade offs. No airport. Thank you. SUPERVISOR MURPHY: Thank you. Is there anyone' else would like to address the Town Board? ALVAH GOLDSMITH, JR.: Town Board, ~my name is Alvah Goldsmith, Jr., and yes, pilot. Not very often, but I think this whole issue started when the Town could not renew- its lease in Mattituck. I think that had that facility ~een maintained that it OCTOBER 8, 198'5 woutd have been all that would haw uired. Unfortunately this didn't happen and it opened the discussions now. I think the Town needs an airport and I think that if they had one similar to the Mattituck it would enhance everybody in the Town. Everybody is a special interest group, whether you're pro or con and ! think it's too bad that it had to go so long without a decision being made because what's happening is that everybody is getting misconceptions about what's going to happen. People have been fed erroneous information that there's going to be a jetport and all this kind of malarkey. I think that it's got way out of hand in this respect. There's no intention of having a jetport in the ToWn. That is not what anybody wants to see, but I think if we did have facilities such as Mattituck it would enhance the value of the Town and it's a necessity. I'm sorry that it's gotten off on a tangent and there's been such a delay. ! think that the longer it goes on the longer these things fester and I would like to see a decision made' before election time. I think that if it's possible ir'should be dOne. Thank you. SUPERVISOR MURPHY: Thank you, Alvah. Is there anyone else wou~d like to address the Town Board? (No response.) If not I would like to entertain a motion to recess~to finish the audit of the bills and to write up the final' resolutions. Thank you for your patience. Moved by Councilwoman Cochran, s~honded by Councilman Schondebare, it was RESOLVED that this Town Board meeting be and hereby is recessed at 8:$5 P.M. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Townsend, Supervisor Murphy. This resolution was ~leclared duly ADOPTED. 8:$8 P.M. - ~l'he Board audited the remaining outstanding vouchers. 9:10 P.M. - The Board reviewed and formulated resolutions for the 'following waiver applications under Local Law No. 14 - 1985: Edmund and Joan Pressler (resolution No. 25), Garrett A. Strang, on behalf of Sterling Idea Venters (resolution No. 26), James F. Homan (resolution No. 27), Richard F. Walsh, Vice President of W.B.W. Corp. (resolution No. 28), Frank and Diane C. Ammirati (resolution No. 29), John F. deReeder, on behalf of Joseph Stocken (resolution No. 30), Michael and Joy Domino (resolution NO. 31). 9:40 P.M. - Regular Meeting reopened. Moved by Councilwoman Cochran, seconded by Councilman Townsend, it was RESOLVED that the following audited bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $39,606.01; General Fund Part Town bills in the amount of ~21,950.96; Highway Department bills in the amount of $~6, 016. 69; Fishers Island Ferry District bills in the amount of $6,652.25; Federal Revenue Sharing bills in the amount of $731.75; Southold WaStewater Treatment Plant bills in the amount of $139r 630. 05. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. 25. Moved by Councilwoman Cochran, seconded by Councilman Schondebare, WHEREAS, Gary Planner Olsen,~on bel~alf bf Edm~und and Joan Pressler, has requested that this Board waive the l~rovisions of Local Law No. 14 - 1985 with respect to their application presently pending before the Southold Town Planning Board for site plan approval, and WHEREAS, Edmund Pressler appeared before this Board and explained the nature of the uses for which he proposes to use the premises in question, and WHEREAS, this Board funds that the applicants propose to use the first floor of the premises for an antique shdp and second floor thereof for apartment purposes, and WHEREAS, this Board deems such use consistent with the District as proposed by Raymond, Parish, Pine, & Weiner, Zoninq Code revisions, . NOW,-THEREFORE, BE IT RESOLVED that the applicants be and they hereby are granted a waiver of the provisions of Local /aw No. 14 - !985 to the extend of permitting such uses on said premises as set forth in their application presently pending before the Southold-Town Planning Board for site plan approval, subiect, however, to. the applicants obtaining any and all permits and approvals requi~ed by all Town and other governmental a_qencies having jurisdiction thereof. 25.-Vote of the TOwn B.oard: Ayes: . 'Councilwoman Cochran, COUncilman Schondebar~, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. 26. Moved by Councilwoman Cochran, seconded by Councilman Schondebare. WHEREAS, Garrett A. Strang, on behalf of Sterling Idea Ventures, has requested that this Board waive the provisions of Local Law No. 14 - 1985 with respect to uses in a Hamlet Business lnc.'s Master Plan Update 2 OCTOBER 8, 1985 their applications presently' pending before the Southold' Town Planning B(~ard for site plan approval, and the Southold-Town Building Inspector for a building permit, and WHEREAS, this Board finds that the applicant proposes to use the premises for professional offices, and WHEREAS, this Board deems such use consistent with the uses in a Limited Business District as proposed by Raymond, Parish, pine, & Weiner, inc.'s Master Plan Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicant be and they hereby are granted a waiver of the provisions of Local Law No. 14 - !985. to the extent of permitting such uses on said premises as set forth in their applications' .presently pending before the Southold Town Planning Board for site plan approval, and Southold Town Building Inspector for a building permit, Subject, however, to the applicant obta!ning any and all 13ermits and approvals required by. all Town and other governmental agencies having jurisdiction thereof. 25.-Vole of the Town ~Joard: Ayes: Councilwoman Cochran, Councilman $chondebare,- Councilman .Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. 27. Moved by Supervisor Murphy, seconded by Councilman Townsend, WHEREAS, James F. Homan has requested this Board waive the provisions of Local Law No. 14- ~i985: 'with respect to his'application presently·pending before the Southold Town Building Inspector for a building permit, and WHEREAS r James F. Homart apPeared~ before this Board and explained the nature of the uses for which he proposes to use the premises in question w and WHEREAS, this Board finds that the applicant proposes to construct a new building to be attached to existing structures, and ~ WHEREAS, this Board deems such use consistent with the uses-in a B-1 General Business District as proposed by Raymond, Parish, Pine, & Weiner, inc.'s Master Plan Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicant be and he hereby is granted a waiver of the provisions of Local Law No. 14 - :1985 to-'~he extent of permitting such uses on said premises as set forth in his application presently pending before the Southold Town Building Inspector for a building permit, subject, however, to the applicant obtaining any and all permits and approvals required by all Town and other governmental agencies having jurisdiction thereof. 27.-Vote of the Town Board: Ayes: Councilwoman. Co~chran, Councilman Schondebare, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. 28. Moved by Councilman Schondebare, seconded by Councilwoman Cochran, WHEREAS, Richard F. Wa[sh, Vice President of W.B'.W. Corp. has requested that this Board waive the provisions of Local. Law. No~ 14 - :.~i985:'with respect to his application presently pending before the Southold'Town Building Inspector for a building permit, and WHEREAS, Richard F. Walsh appeared before this'Board and explained the nature of the uses for which he proposes to use the premises in question, and WHEREAS, this Board funds that the applicant proposes to construct a retail shopping center, and -'-- WHEREAS, this Board deems such use consistent with the uses in the B-1 General Business District as proposed by ·Raymond, Parish, Pine, Weiner, lnc.'s. Master Plan Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED :that..the applicant be and he hereby is'.granted a waiver of the provisions of Local. Law_ No. 14 - .1985- to the extent of permitting such uses on said premises as set forth in' his 'application presently .pending before the Southold Town Building Inspector for a building permit, subject, however, to the applicant obtaining any and all permit~ and approvals ·'required by all Town and ... other governmental agencies having jurisdiction thereof. 28.-Vote of the Town·Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. 29. Moved by. Councilwoman Cochranw seconded by Councilman Schondebare, WHEREAS, Gary .Flanner. Olsen, on behalf-of Frank and Diane C. Ammirati, has requested that this Board waive the provisions of Local· Law.-No. 14 - ·1985 with respect to their application presently pending before the Southold Town Planning Board for site plan approval and the Southold Town Zoning Board of Appeals, for a special exception approval, and WHEREAS r Frank 'and Diane C. Ammirati appeared before this Board and explained the nature of the uses for which they propose to use the pr_emises in question, and WHEREAS~ this Boai~d finds,that the applicants propose to convert an existing building for retail 'sales Of I~r-epared foods and specialty items, as well as catering services, and WHEREAS, this Board deems such use consistent with the uses in a Hamlet Business District as proposed by Raymond, Parish, ~Pine, & Weiner, Inc.'s'"Master Plan Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicants be-and they hereby are granted a waiver' of the provisions of Local Law. No. 14 - 1985 to the extent o.f. . OCTOBER 8, 1985 permitting such uses on said prem forth in their applications presently pending before the Southold:Tow site plan approval and the Southold:Town Zoning Board of Appeals a special exception approval, subject.;. however, to the applicants obtaining any and all permits and approvals required ky all .-I',.o, wn and other _qovernmental agencies having jurisdiction thereof,. 29.-~ote of ~he Tow~'~ Board': Ayes: C:..t:~]cilwoman Cochr~.,'q, Cou:~cih-,~a~,~ Sc~oi~lel~are-. Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. ?¸3 30. Moved by Councilman Schondebare, seconded by Councilwoman Cochran, WHEREAS, John F. deReeder, on behalf of Joseph Stocken, has requestecl trim Board waive the provisions of Local Law No. 14 - !985, wi~h respect to his applica- tions about to be filed with the Southold Town Planning Board and Southold Town Building Inspector, and Stocken, and explained the nature of the uses for which he proposes to use the premises in question, and WHEREAS, this Board finds that the applicant proposes to divide one (1) retail store into two (2) retail stores, and WHEREAS, this Board deems such use consistent with the uses in a Hamlet Business District as proposed by .Raymond, .Parish', Pine, & Weiner, Inc.'s Master Plan Update Zoning Code revisions, . NOW, THEREFORE, BE IT RESOLVED that the applicant be and he hereby is granted a waiver of the provisions o~ Local Law No..1~, - !985 to the exten~ of permitting such uses on said premises as set forth in his 'applications about to be filed with the Southold'Town Planning Board. and Southold Town Building Inspector, subject, how- ever, to the applicant obtaining any and .ali permits and approvals required by all . Town and other .qovernmental agencies having jurisdiction thereof. -30.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. 31.Moved by Councilman Schondebare, seconded by Councilwoman Cochran, WHEREAS, Michael and Joy .Domino have requested that this Board waive the provisions Ot~ Local Law No. 14 - 1985 With respect to their application presently ..... pending before the Southold Town Planning Board for site plan approval, and WHEREAS, 'Joy Domino appeared before this Board and explained the nature of the uses for which they propose to use the premises in question, and WHEREAS, this Board finds that the applicants propose to construct a retail build- ing, and WHEREAS, this Board deems such use consistent with the uses in B-1 General Business District as proposed by .Raymond, Parish, Pine, & Weiner, Inc.'s Master Plan Update Zoning Code revisions,'' NOW,. THEREFORE, BE IT RESOLVED that the applicators be and hereby are granted a waiver of the provisions of Local. Law No. 14 - !985 'to the extent of permitting such uses on said premises as set forth in'.their application presently-pending before--' '' the Southold Town Planning Board for site plan approval, subject, however, to the applicants obtaining any and all permits and approvals required by all Town and other governmental agencies having jurisdiction thereof. 31.-;Vole of lhe Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, .. Councilman Townsend, Supervisor Murphy. This resolution was-declared duly ADOPTED. . (Resolution No. 32, setting a hearing~on the John A. Costello petition for a Change of Zone, was adopted prior to the recess,) Town Attorney Tasker'advised the Town Board that the petition of Theodore Laoudis for relief from the Bulk requirements of the Zoning Code, pursuant to Section 100-31A thereof, with respect to a proposed major subdivision to be known as "Angel Shore Estates", which was granted by the Town Board on August 28,'.1984, has been remanded back to the Town Board by Supreme Court Judge Alfred M. Lama, as a result of the action of Harold W0hl and Esther M. Wohl, Petitioners, against Theodore Laoudis; Town of Southold, Suffolk County, New York; and the Planning Board of the Town of Southold, Respondents. 33. Moved by Councilman Schondebare, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby sets 8:00 P.M., Tuesday, October 29, 1985, Southold Town Hall, Main Road, Southold, New York, as time and place for a rehearinq on the petition of Theodore Laoudis for relief from the Bulk Requirements of t~ne Zoning Code of the Town of Southold, pursuan to Section 100-31A-thereof. with respect to a proposed major subdivision to b~. known as "Angel Shore Estates", situate at Bayview, Southold, New York, all in accordance with the order of Supreme Court Judge Alfred M. Lama. 33.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. OCTOBER 8, 1985 Moved by Councilwoman Cochran, seconded by Councilman Townsend, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 9:45 P.M. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED.