HomeMy WebLinkAboutTB-10/22/1985SOUTHOLD TOWN BOARD
OCTOBER 22, 1985
WORK SESSION
Present: Supervisor Francis J. Murphy, Councilman Joseph L. Townsend, Jr.,
Justice Raymond W. Edwards, Councilman Paul Stoutenburgh, Councilman James A.
Schondebare, Councilwoman Jean W. Cochran, Town Clerk Judith T. Terry, Town
Attorney Robert W. Tasker, Superintendent of Highways Raymond C. Dean.
9:00 A.M. - The Board began the audit of outstanding vouchers.
9:15 A.M. - Robert Webb, President of SEACOM, appeared before the Board to
inquire What progress has been made to hire an engineering to look over LILCO
facilities. Supervisor Murphy advised that Randal Woodard of Ward Associates
is going to do a preliminary survey. He also informed the Board and Mr. Webb
that the legal proposal of Wallace Duncan was received on October 21st and will
be distributed to the Board. Mr. Webb suggested a documentation of LILCO-related
problems throughout the Town. The Board suggested that SEACOM coordinate and
publicize this project.
9:25 A.M. - Gerard Goehringer, Chairman, Board of Appeals, met with the Board
to (1) discuss recommended increases in Board of Appeals fees for multiple request
applications; (2) request a meeting with the Code Committee to discuss the
front setback requirements; (3) explain the Ruth Enterprises variance--Mr. G~
stated that the Board of Appeals cannot designate the uses within the buildi~
the variance was for insufficient lot area, insufficient lot width, and
back from the easterly property line for a building to be constructed on the
of Ruth Enterprises, south side Route 48, Peconic, which building would imp~e
property by the elimination of four accessory structures thereon. Whereas there ~s
a question by members of the Board concerning the granting of this variance, Mr.
Goehringer repeated his request to meet with the Board periodically to inform them
of the:disposition of applications pending before the Board of Appeals, to which the
Board a'gr~ed. Councilman Stoutenburgh advised Mr. Goehringer the burden would
be on h~m to make an appointment with the Board. when he found it necessary to do so.
9:55 A.M. - Gladys Csajko, Nort. h Fork Ani'mal Welfare League~ Inc., and a delegation
of League members, met with the Board to discuss the existing and proposed Dog
Pound,structures. Mrs. Csajko. presented evidence to the Board of fire hazardous
materials in the present Dog Pound structure and,explained that when the League
members appeared before the Board on September 9th they were of the impression
new Dog Pound buildings would be constructed 'before the winter season. Mrs. Csajko
presented photographs of tl~'e deteriorated conditions of the existing building and
dog runs, and a petition containing 638 signatures which were collected in two days,
stating, "The Southold Town Dog Shelter being unfit for either human or animal
inhabitance especially during winter, we the undersigned request that the $outhold
Town Board take immediate steps to begin construction of the long-promised Dog
Shelter in order that the building be usable before the onset of the cold ~weather."
A Town Board resolution was proposed on October 8th to begin construction of the
building in a piece-meal basis, but only four Board members were present, the number
of affirmative votes needed for a quorum, and Councilwoman Cochran voted against
the proposal as being an illegal procedure, since all projects over $7,000 must be
submitted for bid. Councilwoman Cochran explained her position to the League.
The remainder of the Board agreed-to declare this an emergency situation, appoint
Superintendent of Highways. Dean to general contract the job, the Town to purchase
the materials, and start the project as soon as possible (see resolution No. 25).
10:25 A.M. - Representatives of AT&T Information Systems to present to the Town
AT&T's recommendation for automation (computerizing) of the Town's various depart-
ment functions. (Preliminary proposal and implementation plan is on file in the Town
Clerk's Office.')
11:25 A.M. - Plannin~ Board Member William F. Mullen, Jr.~met with the Board to
discuss (1) letter from Mr. Mullen requesting the Board to accept only Letters of
Credit or Passbooks rathe~ than bonds to ensure completion of roads and improvementS''
in subdivi_sions.--The NeW York state Law allows bonds and the'Board .cannot-over-
ride this law. (2) Letter from the Plann.ng~'Board request, g the Board to increase
the inspection fees for major subdivisions from 5% of the approved bond estimate to
6%.--The Town Attorney explained t~hat all of the inspection fee should be utilized~
and for instance, on a $300,000 bond estimate the inspection fee is $15,000. He
does not believe that amount is being utilized and there would be no justificiation
to increase it to 6%. (3) Letter from the Planning Board recommending that the
category of "Landscaped Area" be included in the Bulk Schedule for Business, Office
and Industrial Districts_ in the proposed zoning ordinance.--This will be addressed by
the Code Committee at'~eir meeting at 4:30 P.M. Friday, October 25th~
11:50 A'.M. - Attorney'Abigail Wickham appeared before the Board relative to major
subdivision of Highpoint at East Marion. Mr. Herbert Mandeil, owner of the sub-
division is ready to offer the roads for dedication but the assessed valuation does
not meet the standards required by the Town. $40,000 per~ mile is the minimum and
there is presently 0n~y $9300 assessed valuation. The Board rejected the request,
stating it would set a precedent.----Ms. Wickham requested the Board to move the
Laoudis relief petition rehearing to November, inasmuch as Eric Bressler, attorney
form for the opponents Mrs. Wohl, will not be available for the scheduled October
29th hearing. The Board advised that the hearing has been advertised and unless
the attorney for Mr. Laoudis, Richard Cron, is agreeable to the postponement, they
would be unable to reshedule it. Ms. Wickham would attempt to contact Mr. Cron
and report back to the Board. (It was later learned that a postponement would
not be agreeable to Mr. Laoudis, the owner of the property.)
12:05 P.M. - The Board reviewed resolutions for the regular meeting agenda.
12:15 P.M. - Superintendent of Highways Dean reported to the Board on the build-
up of brush from Hurricane Gloria and the disposition of same.
12:20 P.M. - Recess for lunch.
2:00 P.M. - Work Session reconvened and the Board continued their review of the
regular meeting agenda and off-agenda items: (1) Proposed resolution to advertise
for proposals for the Town Insurance Program for 1986.~ Supervisor Murphy will
meet with Val Styple & Sons Insurance Agency to make a determination whether it
is feasible to seek proposals for 1986, and if so the Town Clerk may advertise for
the proposals. (2) Trailer permit renewal for John B. Sepenoski. This permit was
a temporary six month permit to permit Mr. Sepenoski to apply to the necessary Town
agencies for a set-off for the location of a modular home. The Building Inspector has
notified the Board that Mr. Sepenoski has not made the required applications and he
is in violation of the Zoning Code and should receive a notice of violation. The Board
agreed and the Building Inspector will be instructed to proceed. (3) Letters from
the Board of Appeals and the Building Department with respect to signs requiring
special exception applications. This will be discussed by the Code Committee.
(4 through 10 are applications for waivers of Local Law No. 14 - 1985 and will be
discussed separately.) (11) Memorandum from F~×ecutive Administrator Lessard
requesting the creation of a Building Department Office Coordinator. Supervisor
Murphy advised this is to create a new position to be filled by one of the Building
Building Department staff members. (7) Memorandum from ~the Town Clerk advising
the Board that the trailer permit of David S. Horton expires November 7th and on
inspection of the Building Department it has been determined that the trailer conforms
to the Board's requirements in the permit. The Town Clerk was instr~ucted to forward
.Mr. Horton a renewal application for a six month extension. (12) Letter from Town
Attorney Tasker relative to the acquisition of three parcels of real property from the
Suffolk County Real Property Agency, citing the fact that one parcel on the west side
of South Harbor Road, Southold has an outstanding mortage; and with respect-to the
two parcels, on ~-innet Street, the tital company will not insure title until three years
have passed since the date of recording the deed from the County Treasurer to the
County Real Property Agency.
2:45 P.M. - Requests for waivers from Local Law 14- 1985:
Joseph Clifford Cornell appeared on behalf of Ruth Enterprises to ask the Board their ~
~ri~me concern about w~hat is-to be constructed on the property of Ruth Enterprises on
the south side of Route 48~ Peconic, where they are requesting offices, which has been
approved by the Board of Appeals for two offices and one general business. ~t was
determined that this is to be a Limited Business District and three offices would be
permitted, in LB--no retail sales--and a waiver will be granted (resolution No. 28).
Garrett A. Strang appeared on behalf of Walter-and Marilyn Gatz with respect to
certain property on the south side o~f Route 48, Matt~tuck which is proposed to be
Limited Business on .the update ~oning map. The application was first submitted to
the Planning Board in June 1984. At that time'the zoning was Light Business and
the proposed zoning was General. Business and they made thei~'~applications accordingly.
The intended use was an office complex., a possible re~staurant use since it was existing,
and retail. In late September it was sqggested the parcel should be LB~and that is
how the Board will address it on the update zoning map. The Board agreed to a waiver
102
OCTOBER 22, 1985
(resolution No. 29) provided it is consistent with the uses in a Limited Business District~
Mr. Strang was not happy with the Board's decision. He stated the application has
been in process for a number of months under a General Business classification and
this does create a hardship for anyone that had applications in process prior to the
date the moratorium was put into effect.
John M. Dulemba, President of Dynasty Packing, Inc., appeared before the Board to
discuss his request for a waiver with respect to property at Breakwater Road,
Mattituck. Mr. Dulemba has not made application to any Town agency, but has
received a violation of the zoning code from the Building Department. The present
zoning is Industrial and the proposed zoning is Marine Recreation. Mr. Dulemba
does not plan to purslue any of the uses under Marine Recreation and feels the
proposed use is a waste of a good piece of property where he wishes to conduct
off-loading of shellfish operations, which is not permitted in the Marine Recreation
Distri~:t.---The Board failed to take action in light of the fact he made no applicationli.j~.i~i
to any Town agency prior to the enactment of Local Law No. 14- 1985.
Garrett A. Stran9 appeared on behalf of Joseph Lizewski with respect to the constructior
of a proposed racquetball facility on his property located on the north side of Route
25, Cutchogue, east of Depot Lane, where the proposed zoning will be R-40, and is
presently zoned Business. He has a building half under construction and an addition
under way. He presently has Board of Appeals and Planning Board approval, but
was stopped from filing an application with the Building Department due to the
moratorium. After reviewing the proposal, the Board agreed this would be consistent
with the uses in the R-40 District and agreed to grant a waiver (see resolution No. 30).
Garre~tt A. Strang also appeared on behalf of 125-127 Main Street Corp. with respect
to property located 645 Ninth Street, Greenport. ApproYals have been received from
the Board of Appeals and Planning Board, but a building permit cannot be secured
due to the moratorium. The proposed zoning is Light Industrial and the applicant
proposes to construct a warehouse building with an office. The Board finds this to
be consistent with the proposed zoning update and agreed to a waiver (see resolution
No. 31).
"280 North Road" - No one appeared on behalf of the applicant. The request was
made by John C. Tsunis, attorney for "280 North Road" for a waiver to proceed w~ih
the constructoin of retail and professional offices at Greenport. The present zoning
is Light Business and the proposed zoning is Residential Office District. The appli~[-'t;tt
has not received site plan ~p~roval from the P~anning Board. Upon review of-the
proposal the Board determined this waiver request should be denied (see resolution
No. 32).
Alfred M, Citelli, Jr., D.D.S. and Vincent M. Claps, D.D.S. - No one appeared on
behalf of the applicants. The request is to construct professional office buildings
on property located on the north side of Route 48, Southold and their application
is presently pending before the Planning Board for site plan approval. It was
determined the present zoning is General Business and proposed zoning is Limited
Business. The'construction of a.pr0fessional office building is permitted under the
Light Business District and the Board agreed to the waiver request (see resolution
No. 33).
Robert A. Celic- No one appeared on behalf of the applicant. Mr. Celic's request
is a waiver of the moratorium to permit an addition to his real estate office building
located on the Main Road and Marlene Lane, MattitUck. He presently has applications
pending before the Planning Board and Building Inspector. The present zoning is
General Business and the proposed zoning is General Business.
grant the waiver request (see resolution No. 34).
4:20 P.M. - Work Session adjourned.
The Board 'agreed to
OCTOBER 22, 1985
REGULAR MEETING
The Regular Meetin9 of the Southold Town Board, scheduled for 3:00 P.M.,
was called to order at 4:25 P.M., Tuesday, October 22, 1985, at the Southold
Town Hall, Main .Road, Southold, New York~ by Supervisor Francis J. Murphy who
opened the meeting with the Pledge of Allegiance to the Flag.
Present:
Supervisor Francis J. Murphy
Councilman Joseph L. Townsend, Jr.
Justice Raymond W. Edwards
Councilman Paul Stoutenburgh
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
SUPERVISOR MURPHY: Thank you. At this time I would like a motion to approve
the audited bills of October 22nd.
Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was
RESOLVED that the following audited bills be and hereby are ordered paid: General
Fund Whole Town bills in the amount of $22,657.56; General Fund Part Town bills in
the amount of $4,472.33; Highway Department bills in the amount of $43,707.89; Fishers
Island Ferry District bills in the amount of $19,594.67; Southold Wastewater Treatment
Plant bills in the amount of $9,148.50; and Capital Account - Payloader 1985 bill in
the amount of $99,000.00.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: A resolution to approved the minutes of the regular October
8th and special meeting of October 15th.
Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was
RESOLVED that the minutes of the Regular Southold Town Board meeting held on
October 8, 1985, and minutes of the Special Southold Town Board meeting held on
October 15, 1985 De and hereby are approved.
Vote of the Town Board: Ayes: Councilwoman C6chran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: I'd like a resolution setting the next meeting date for
November 7th, 1985 at 3:00 P.M. on the Budget and at 7:30 P.M., the same night,
this is a Thursday night, at 7:30.
Moved by Justice Edwards, seconded by Counci'lman Stoutenburgh, it was
RESOLVED that the next Regular meeting of the Southold Town Board will be held
at 7:30 P.M., Thursday, November 7, 1985, at the Southold Town Hall, Main Road,
Southold, New York. The Budget hearings will be held at 3:00 P.M. and 7:45 P.M.
on that same date.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman-Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
I. REPORTS.
SUPERVISOR MURPHY: Moving on to the first item on the agenda are the reports
frqm the various departments in the Town. These are on file in the Town Clerk's
Office.
I. Town Justice Tedescii~'s monthly report for September 1985.
2. New York State Department of Agriculture and Markets, Bureau of Dog
Identification and Control - Municipal Compliance Report, October 8, 1985.
3. Monthly Report - Town Justice Price - September 1985.
4. Police Department's monthly report for September 1985.
5. Fishers Island Ferry District's monthly report for August and September 1985.
6. Highway Fund monthly report for September 1985.
7. Recreation Department's monthly report, dated October 17, 1985.
8. At this time I would like to ask the Councilmen if they have anything further
to say, starting on my left with Judge Edwards.
JUSTICE EDWARDS: At this time nothing, thank you.
SUPERVISOR MURPHY: Jean?
COUNCILWOMAN COCHRAN: Nothing.
SUPERVISOR MURPHY: Paul?
COUNCILMAN STOUTENBURGH: Nothing.
SUPERVISOR MURPHY: Joe?
COUNCILMAN TOWNSEND: For the sake of brevity, nothing.
SUPERVISOR MURPHY: Jay?
COUNCILMAN SCHONDEBARE: Just one thing. I met with Mayor Hubbard and
Trustee Bill Lieblein and the chiefs of the Greenport Fire Department with regards
to the East-West Fire Protection District and when I went over their proposal, etcet~'~.
We met at 7:30 last Friday night and I'II have the minutes of that available to the Town
Board members some time during the week.
SUPERVISOR MURPHY: Thank you, Jay. Nothing further to report except what
we've been talking about all day today and it's been a very busy two weeks.
II. PUBLIC NOTICES.
SUPERVISOR MURPHY: Moving on to the second item on the agenda is public notices.
1. U.S. Corps of Engineers, Public Information Announcement, on a nation-
wide permit program re: HurricareGIoria property damage.
2. Suffolk County Office for the Aging concerning a public hearing notice on
plans and programs for 1986, to be held Wednesday, October 23rd, at 2:30 P.M. at
the Riverhead County Center.
I11. COMMUNICATIONS.
SUPERVISOR MURPHY: The third item on our agenda, Communications. One just
came in today, it's a Certificate of Appreciation to the Southold Town Boar, d for
outstanding leadership and dedicated service on behalf of the Human Family around
the world. It's presented to the entire Town Board by the people who ran the
very successful CROP Walk this last Sunday. ~
1. Letter from a teacher in Mattituck-Cutchogue School District (Helen S~Brv~ ~,
thanl<in9 the Town and various members of the Town 9overnment for participating J~;~'~
a forum on local ~overnment.
2. Letter from Arlene Richter thankin~ us for the replacin~l of the flag jle
Memorial ~Park.
3. Letter from Joseph R. Caputo, Suffolk County Comptroller, "Therefore, as
a result of Hurricane Gloria and the lack of electricity, I am directing that eight days
of lighting charges be deducted from LILCO's next bill to Suffolk County".
IV. PUBLIC HEARINGS. (None)
V. RESOLUTIONS.
SUPERVISOR MURPHY: Moving on to resolution.s and the first one is a trailer permit
renewal.
1. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that the application of Ange & Barbara Boursiquot for renewal of a single
family house trailer permit, for trailer located on a private road off of the north side
of Main Road, Mattituck, New York, which permit expires on November 4, 1985, be
and hereby is granted for a six (6) month period.
1.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution-was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 2 is a trailer permit renewal also, but the name is
little easier to pronounce.
2. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the application of George A. McCarthy for renewal of a single family
house trailer permit, for trailer located at private road off of the south side. of Main
Road, Laurel, New York, which permit expires on November 10, 1985, be and' hereby
is granted for a six (6} month period.
:).-Vote of'the Town Board: Ayes..:_ Councilwoman Cochran, CounCilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
;J'his resolution' was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 3 is to advertise for bids.
3. Moved l~.y Councilman" Stoutenburgh, seconded by Justice Edwards, it Was
RESOLVED that the Town Board' of the Town of Southold hereby authorizes and
OCTOBER 22, 1985
105
directs the Town Clerk to advertise for bids for a prefabricated modular kennel
system for the Southold Town Dog Pound, Peconi:c Lane, Peconic, consisting of:
24 stall front, square cornered swing gates, 26 fence panels with isolation panels
on bottom section, 12 security top covers, 12 dog operated kennel doors and 4
sliding vertical kennel doors.
3.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 4 is to transmit a proposed Local Law.
4. Moved by Justice Edwards, seconded by Supervisor Murphy,
WHEREAS, there has been presented to the Town Board of the Town of Southold a
proposed Local Law entitled, "A Local Law in relation to Accessory Apartments in
existing dwellings.., now, therefore, be it
[1) All conversions subject to inspection of Building Inspector and
Renewal of Certificate of Occupancy annually.
(m) The building which is converted to permit an accessory apartment
shall be in existence and have a valid certificate of occupancy
issued prior to January 1, 198~.
(n)
(o)
The existing building,, together with the accessory apartment,
shall comply with all other requirements of Chapter 100 of the
Town Code of the Town of Southold:
Notwithstanding the provisions of Section .100-30B hereof, no
site plan approval by..the Planning Board shall, be required for
the establishment of an accessory apartment.
I1.- This Local Law shall take effect upon its filing with the Secretary of State.
COUNCILMAN STOUTENBURGH: Could I ask a question here, Frank? Maybe Jay
can tell me or somebody. On this part of the law where the date is, 1984, wasn't
it proposed--or I saw a proposal for an earlier date. That yours, Joe?
COUNCILMAN TOWNSEND: Yes.
COUNCILMAN STOUTENBURGH: Then why was the reason it was changed?
COUNCILMAN TOWNSEND: It wasn't acceptable to the majority when we talked.
The chanqes I made were only those things that were acceptable to everybody.
I'm not ~ying that I've made up my mind about this law until after the hearing.
But I've agreed [o let this be heard.
COUNCILMAN STOUTENBURGH: I was just wondering why that was changed. I
wanted to just check at this time. I know this is only setting up the hearing.
COUNCILMAN TOWNSEND: I wanted to limit it to a certain housing stock--housing
stock that was before zoning, but that has not-been--
COUNCILMAN SCHONDEBARE: Joe's proposal was 57. Frank's proposal was 84.
-COUNCILMAN STOUTENBURGH: Okay. Is there a legal reason for one or the
other, Frank?
SUPERVISOR MURPHY: Bob said we can't do that legally--go back.
COUNCILMAN STOUTENBURGH: Okay, because I wasn't here on that I wanted to
double check that. I'm sorry to interrupt, but I wanted to clear that up.-
4.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh;-Justice Edwards, Councilman Townsend, Supervisor Murphy.--~
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 5 is to declare lead agency.
Moved by Councilwoman Cochran, seconded by Justice Edw~rd.s, it was
RESOLVED that the Town Board of the Town of Southold hereby declares itself
lead ~gency in regard to the State Environmental Quality Review Act in the matter
of a proposed Local Law entitled, "A Local Law in relation to Accessory Apartments
In ex~stinq dwellings".
RESOLVED that the Town Clerk be and she hereby is authorized and directed to
transmit this proposed Local' Law to the Southold Town Planning Board and the
Suffolk County Department of Planning in accordance with the Code of the Town
of Southold and the Suffolk County Charter. Said proposed Local Law reads as
follows, to wit:-
LOCAL LAW NO. 1985
A Local Law in relation to
Accessory Apartments in existin9 dwellings
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 100 (Zoning) of the Code of the Town of Southold is amended as follows:
Section 100-13 thereof (Definitions) is amended by adding the following thereto:
ACCESSORY APARTMENT - A dwelling unit created in a presently existing
one-family dwelling pursuant to Section 100-30B(14). !'-~
Section 100-30B (Special Exception uses) is amended by adding a new
subsection thereto, to be subsection (14) to read as follows:
(14) One accessory apartment in an existing one-family dwelling, subject
to the following requirements:
(a) The accessory apartment shall be located in the principal building.
The owner of the existing dwelling shall occupy one of the dwelling
units as the owner's principal residence. The other dwelling
unit shall be leased for year-round occupancy, evidenced by a
written lease for a term of one or more years.
(c) The existing one-family dwelling shall contain not less than sixteen
hundred (1,600) square feet of liveable floor area.
(d) The accessory apartment shall contain not less than four hundred
fifty (450) square feet of livable floor area.
(e) ..The accessory apartment shall not exceed forty (40%) percent
of liveable floor area of the existing dwelling unit.
(f) A minimum of three (3) off-street parking spaces shall be provided.
(g) Not more than one (1) accessory apartment shall be permitted
on a lot.
(h) The accessory apartment shall meet the requirements of a dwelling
unit as defined in Section 100-13 hereof.
(i)
The exterior entry to the accessory apartment shall, to the
maximum extent possible, 'retain the existing exterior appearance
of a one-family dwelling.
(j) All exterior alterations to the existing building, except for access
to the apartment, shall be made on the existing foundation.
(k) Certificate of Occupancy shall terminate upon the transfer of
title by the owner, or_upon the owner ceasing to occupy one of
the dwelling units as the owner's principal residence.. In the
event of an owner's demise,, the occupant of an accessory apartment
may continue in occupancy unti'l a new owner shall occupy the
balance of the dwelling or one (1) year from date of said demise~
whichever shall first occur.
5.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 6 is appointments to the Southold Town Economic
Advisory Committee. i~i
Moved by Councilman Schondebare, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints the
following individuals as members of the Southold Town Economic Advisory Committee,
effective November 1, 1985, for a one (1) year term to expire on November-1~ 1986:
W. S. Gardner, George J. Wieser, Warren M. Cannon, Michael Zweig, William W. Behr;
AND BE IT FURTHER RESOLVED that said members of the S'outhold Town Economic
Advisory Committee shall serve,without compensation and shall submit their report
and recommendations at the end of their term, if not sooner.
SUPERVISOR MURPHY: Any comments? (No response.) Jus~"~ay and Jean, I'd
like to thank you for get. ting this moving to this point.
COUNCFLMAN-, SCHONDEBARE: 'Thank you and I iust hope we get out ~'~ the committee
what we hope to get.
OCTOBER 22, 1985
SUPERVISOR MURPHY:
107
Yes. ~
6.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY; Number 7 is a decision on a wetland's application.
7. Moved by Councilman Schondebare, seconded by Justice Edwards,
WHEREAS, the Town Board of the Town of Southold, by resolution dated July 31,
1984~ issued a Notice of Significant Effect on the Environment with respect to the
application of Bayview DeVelopment Corporation for a Wetlands lPermit, and requested
said applicant to submit a Draft Environmental Impact Statement, and
WHEREAS, Bayview Development Corpiration has failed to submit said Draft Environ-
mental Impact Statement to date, now, therefore, be it
RESOLVED that if the Draft Environmental Impact Statement is not received from the
applicant by November 22, 1985, Wetlands Application No. 402, by Bayview,,'Development
Corporation, Shall be deemed withdrawn, and all concerned agencies notified.
7.-Vote of the Town Board: 'Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman StOutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 8 is another notice to another applicant.
8. Moved by Justice Edwards, seconded by Councilwoman Cochran,
WHEREAS, the Town Board of the Town of Southold, by resolution dated September
11, 1984, issued a Notice of Significant Effect on the Environment with respect to the
application of Enconsultants, Inc., on behalf of S. Heagan Bayles, for a Wetlands
Permit, and requested said applicant to submit a Draft Environmental Impact State-
ment, and
WHEREAS, Enconsultants, Inc., on behalf of S. Heagan Bayles, has failed to submit
said Draft Environmental Impact Statement to date, now, therefore, be it
RESOLVED that if the said Draft Environmental Impact Statement is not received from
the applicant by November 22, 1985, Wetland Application No. 215, by Enconsultants,
Inc., on behalf of S. Heagan Bayles, shall be deemed withdrawn, and all concerned
agencies notified.
8.-Vote of the Town Board: Ayes: Councilwoman Cochran, COuncilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 9 is to advertise for bids for the removal of scrap
metal frqm the Landfill.
9. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for the sale and removal of scrap
metal from the Southold Town Landfill site, for the period January 1, 1986 through
December 31, 1986.
9.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 10 is to advertise for bids for the sale and removal
of scrap paper from the Landfill.
10. Moved by Councilman Stout~nburgh, seconded by Councilwoman Cochran, it wa~
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for the sale and removal of scrap
paper from the Southold Town Landfill site, for the period January 1) 1986 through
December 31, 1~86.
10.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
11.
SUPERVISOR MURPHY: Number 11 is to reappoint members to the Southold Town
Self-Evaluation Committee.
Moved by Councilman Townsend, seconded.by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints the
followin9 individuals as members of the Southold Town Self-Evaluation (Handicapped)
Committee, for a second one (1) year term, effective November 8, 1985 through
November 8, 1986; they to serve, without compensation: Anna Mercurio Audioun,
James Corcoran, A. Stuart Harvey, Barbara Kujawski, Jeanne Marriner, Helen M.
Proud, Jo Ann Talbott, Sal Vindigni
11.-Vote (~f the Town Board: Ayes: Councilwoman Cochra~, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED. - '
108
OCTOBER 22, 1985
SUPERVISOR MURPHY: Number 12 is to authorize the Town Clerk to advertise
.for bids for the purchase of Police Department Uniforms for 1986.
12.
12.
Moved by Justice Edwards, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for the purchase of Police Department
Uniform Clothin9 for the period March 12r 1986 through December 31, 1986.
-Vote of the Town E~oard: Ayes: Councilwoman Cochranf Councilman Schondebaref
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR~MURPHY~: Number 13 is to authorize the Town Clerk to advertise
for bids for the pbrchase of Heating Fuel Oil for the Town of Southold for 1986.
13. Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was ~
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for the purchase of Heatin9 Fuel
Oil for the Town of Southold for calendar year 1986.
13.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 14 is to authorize the Town Clerk to advertise
for bids for the purchase of Diesel Fuel for the Town of Southold for 1986.
14. Moved by Councilman Schondebare, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for the purchase of Diesel Fuel for
the Southold Town Highway Department and Disposal Area for calendar year 1986.
14.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 15 is to authorize the Town Clerk to advertise
for bids for the purchase of Gasoline for the Town of Southold for 1986.
15~ Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for the purchase of Gasoline for the
Town of Southold for calendar year 1986.
15.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 16 is to appoint Chief Dan Winters as Town Safety
Coordinator. I offer that resolution.
16. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Police
Chief H. Daniel Winters as Town Safety Coordinator for the pupose of efficiently
overseeing the following safety activities with respect to insurance coverage of
the Town: Assist in the periodic loss control surveys which are conducted; follow
up on loss control surveys for satisfactory recommendation of compliance; oversee
accident reporting and investigation for occurrences within the Town, to insure that
proper procedures are being followed, and for identification of any trends or problem
areas that develop.
16.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
'Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 17 is a trailer permit renewal.
17. Moved by Councilman Townsend, seconded by Councilman Schondebare, it was
RESOLVED that the application of the First Baptist Church of Cutchogue for enewa~_~jl
of their sinqle family house trailer permitt which permit expired on October 14, 1985,
for trailer located on the north side of County Route 48, Cutchogue, New York, be
and hereby is 9ranted for a six (6) month period.
17.-Vote of the Town Board: Ayes: Councilwoman Cochrant Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor_Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number-'-~8 is the Harold Reese, Harbor' Lights relief.
'~8. Moved by CounCilman Stoutenburgh, seconded by CouncilW~ma~-Cochran,
WHEREAS, a petition by Harold Reese and Frederick Reese for a Judgment under
Article 78 of the Civi~l Practice Law and Rules Reviewing and Annulling a Determin-
ation of thi~ Town Board Denying the Petitioners a Waiver of the Minimum.~Area,
Width~ l~pth ~nd Yard Requirements of Lots Located in an "A" Residential District~.
OCTOBER 22 ~ 1985 1 0 9
and Directing that Such Waiver be Granted, ~as filed against the Town Board of
the Town of Southold, with respect to "Harbor Lights, Section V"w and
WHEREAS, Supreme Court Justice Saverio J. Fierro has ordered, adjudged and
decreed that the determination of the Town Board, dated March 26, 1985, denying
petitioners relief pursuant to Local Law No. 11 of the Town of Southold for the
year 1983 is found to have been arbitrary and capricious, and is set aside, and
the Town Board is directed to approve the petition of Harold Reese and Frederick
Reese with respect to the Map of Harbor Lights Estates, Section V, pursuant to
Local Law 11 of 1983, in all respects,
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold
hereby approves the petition of Harold Reese and Frederick Reese for relief from
the bulk requirements of the Zoning Code as provided in Local Law No. 11 - 1983,
with regard to major subdivision entitled, "Harbor Lights, Section V", and that the
premises described in said petition shall be subject to the bulk requirements of the
Southold Town Zoning Code in effect prior to May 20, 1983.
l~.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman ToWnsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 19 is to amend the salary agreement with the newly
hired Radio Dispatcher on the orders of the Suffolk County Civil Service Department.
19. Moved by Councilman Stoutenburgh, seconded' by Councilman Schondebare, it was
I RESOLVED that the Town Board of the Town of Southold, in accordance with the
instructions of the Suffolk County Department of Civil Service, hereby amends their
Resolution No. 36, adopted on August 27, 1985, appointinq Mark Zaleski as a Public
Safety Dispatcher I, for the Southold Town Police Headquarters, effective October l r
1985, to reflect his startin9 salary as $13,000.00. Mr. Zaleski currently has Civil
Service status as a Public Safety Dispatcher I with the Town of Southampton, and
is transferring to the Town of Southold. Suffolk County Civil Service will not
authorize the transfer with the August 27th adopted salary of $13,200.00, He may
not make more than he was making at Southampton--S13,078.00.
SUPERVISOR MURPHY: He was hired at a salary of $13,200.00 and he was making
$13,078.00 in Southampton and we cannot pay him more than $13,000.00.
19.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
20.
SUPERVISOR MURPHY: Number 20 is to authorize me to sign an amended grant for
the construction of our Scavenger Waste Facility.
Resolution Authorizin9 the Filin9 of an Application for a Federal and Slate Grant
for the Plannin9, Design and Construction-of Necessary Sewage Treatment Works,
Under the Appropriate Laws of New York State and the United States of America.
WHEREAS, the Town of Southoid, Suffolk County, herein called the "Applicant,"
after thorough consideration of the various aspects of the problem and study of
available data, has hereby determined that the planning, design and construction
of certain works, required for the treatment of sewage, generally described as
construction of scavenger waste pretreatment facility and identified as Project Number
C-36-1120-02-0, 02-1, herein called the "Project," is desirable and in the public
interest, and to that end it is necessary that action preliminary to the planning,
design and construction of said Project be taken immediately; and
WHEREAS, under the Federal Water Pollution Control Act, as amended, the United
States of America has authorized the making of grants to aid in financing the cost
of planning, design and construction of necessary treatment works to prevent the
discharge of untreated or inadequately treated seqage or other waste into any
waters and for the purpose of reports~ plans and specifications in connection
therewith; and
WHEREAS, Chapter 659 of the. Laws of 1972 of the State of New York provide
financial aid for the planning, design and construction of Water Quality Improvement
Projects; and
WHEREAS, the Applicant has examined and duly considered the Water Pollution Control
Act, as Amended and Chapter 659 of the Laws of 1972 of the State of New York and
the applicant deems it to be in the public interest and benefit to file an application
under these laws and to authorize other action in connection therewith;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN oF
SOUTHOLD:
I. That the filing of application in the form required by the State of New
York and the United States and in conformity with the Water Pollution Control Act~
as amended and Chapter 659 of the Laws of 1972 of the State of New York is hereby
authorized including all understandings and assurances contained in said applications.
2. That Supervisor Franci~ J. Murphy is directed and authorized as the
official representative of the applicant to act in connection-with the applications and
to p~ovide such additional information as may be required;
3. That the Applicant agrees that it will fund its portion of the cost of said
!Water Quality Improvement Project;
4. That one (1) certified copy o~ this Resolution be prepared and sent-to
1 1 0 OCTOBER 22, 1985
the New York State Department of Environmental Conservation, Albany, New York
together with the Federal and State applications;
5. That this Resolution take effect immediately.
20.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 21 is to reject a bid.
21. Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby rejects the bid
of Region Associates for the construction of a 24 ft. by 32 ft. buildin9 on the
nor~th side of Route 25, LaUrel, known as the Laurel Lake RecreationlChamber of
Commerce Proiect. i i!
21 ~T-~-~--~-~-Board' Ayes' Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Superv sor Murpfi¥.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 22 is to authorize the Town Clerk to readvertise
for bids for the construction of a building.
22.
Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town bf Southold hereby authorizes and
directs the Town Clerk to advertise for bids for the construction of a building
on the north side of Route 25, Laurel, known as the Laurel Lake Recreation/Chamber
of Commerce Project.
22.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 23 is to set a public hearing.
23. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 3:10 P.M. and
7:55 P.M., Thursday, November 7, 1985, Southold Town Hall, Main Road, Southold,
New York, as time and place for a public hearin9 to hear citizen views on local needs
to be met with Year 12 Federal Community Development Block Grant Funds to be receivec
in 1986.
23.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman SchOndebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervmor
This resolution was declared duly ADOPTED.
SUPERVI~SOR MURPHY: Number 24 is to grant permission to the Cutchogue Fire
Department.
24. Moved by Councilman Townsend, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby 9rants permission
to the Cutchogue Fire Department to use town roads for stagin9 and line of march
for their Halloween Parade to be held at 6:00 P.M., Thursday, October 31, 1985;
provide they secure the necessary insurance to hold the Town of Southold harmless.
24.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
',This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 25 is a resolution relative to the Dog Pound. This
sounds pretty good. See what you think of it, Bob.
.Resci,n,ded~Januar. y 28~. 198.6 Resolutio. n.#.2
25. ~wovea oy ~uperv.sor r~urpny, seconoea Dy Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby declares that an
emergency situation exists at the Southold Town Dog Pound necessitatin9 the con-
struction of two (2) new buildings for the safety and welfare of the dogs to be
housed therein, and hereby authorizes Superintendent of Highways Raymond C.
Dean to be the general contractor for the construction of the new buildings, and
to begin as soon as possi'ble, in the hopes this buildin9 will be completed before
the winter season; the Town to purchase all necessary materials for this Constructio~.,,.J
25.-Vote of the Town Board: No: CouncilwOman Cochran. Ayes: Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
COUNCILWOMAN COCHRAN: I would just like to state for th'e record that I am in
support of building a Dog Pound, but only if it's done in a legal process order. I
question the emergency factor, as the need for this Dog Pound has been on-going
for several years and it certainly is not a very good role model to set. Thank.you.
COUNCILMAN TOWNSEND: I would like to make a commer~i.'-Wbile I agree with
Jean 'that we actually could ha.ye proceeded with this in a more orderly fashion,
the situation that exists now is that we've been notified by the Agriculture and
Markets people that have made an inspection, that we have a hazardous 'condition.
The winter season is approaching quickly and it would appear, based on our previous
11 I
experience that we will not be able to 9et this built in any other fashion that what we
have authorized heretofore. Over and out.
SUPERVISOR MURPHY: The only thing I would add is that the previous contract
is now about two years and it still isn't complete. Speaks for itself. Number 26
is to appoint Helen DeVoe from the Civil Service List of Clerk Typist for the
Building Department.
26. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Helen
K DeVoe, from the Suffolk County Department of Civil Service Certification of
Eligibles, to the position of Clerk-Typist in the Buildin~l Department, effective
November 1, 1985, at a salary of $10,920.00 per annum.
26.-Vote of the Town Board: Dyes: Touncilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 27 is to advertise for insurance proposals for 1986.
27. Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby auth0r.izes and
directs the Town Clerk to advertise for proposals for the Town Insurance Program
for fiscal year 1986.
27.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, COuncilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
28. Moved by Councilman Schondebare, seconded by Councilman Townsend,
WHEREAS, JoSeph. Clifford Cornell, on behalf of Ruth Enterprises, has requested
that this Board waive the provisions of Local Law No. 14 - 1985 with respect to
his application presently pending before the Planning Board and the Building
Inspector, and
WHEREAS, Joseph Clifford Cornell 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 finds that the applicant proposes to construct a new build-
ing to house three business 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 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 Planning Board for a site plan and 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 iurisdiction
thereof.
28.-Vote of the Town Board: Ayes: Councilwoman Cochranj Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED. '
SUPERVISOR MURPHY.: Number 29 would be the Gatz application.
2-9. Moved by Councilman Stoutenburgh, seconded by Councilman Townsend,
WHEREAS, Garrett A. Strang, on behalf of Walter and Marilyn Gatz,has requested
that this Board waive the provisions of Local Law No. 14 - 1985 with respect to
his application presently pending before the Southold Town_Planning Board and
Southold Town Building Inspector, and
WHEREAS, Garrett A. Strang 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 finds that the applicant proposes to construct a restaurant
and business 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 he hereby/ is granted
a waiver of the provisions of Local Law No. 14 - 1985 to the extent of permitting only
that which is allowed in the Limited Business District on said premises as set forth
in his application 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 obtaining any and all permits and approvals required by all
Town and other governmental agencies having jurisdiction thereof.
29.-Vote of the Town Board: Ayes: i~ouncilwoman Cochran~ Co~'hci]m~n Schondebare,
Councilman Stoutenburgh~ Justice. Edwards, CounCilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED..
SUPERVISOR MORPHY: Number 30 is the Lizewski application.
30.- Moved ~y Councilman. To~'nsend, seconded by Councilwoman Cochran,
WHEREA~, .Garrett A. Strang, On behalf of Joseph Lizewski, has requested that
112
OCTOBER 22~ 1985
this Board Waive'the provisions of Local Law No. 14 - 1985 with respect to his
application presently pending before the Building Inspector, and
WHEREAS, Garrett A. Strang 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 construction a racquet-
ball facility, and
WHEREAS, this Board deems such use consistent with the uses in the R-40 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. 1.4 - 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 permits and approvals required by all Town and
other governmental agencies having jurisdiction thereof.
30.-VOte of the Town Board::
Dyes: Touncilwoman Cochran,. Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards., Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 31 is the application of the 125-127 Main Street
Corporation.
31. Moved by Justice Edwards, seconded by Super_visor Murphy,
WHEREAS, Garrett A. Strang, on behalf of 125-127 Main Street Corp., has requested
that this Board waive the provisions of Local Law No. 14 - 1985 with respect to his
application presently pending b~fore the Building Inspector, and
WHEREAS, Garrett A. Strang 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 finds that the applicant proposes to constructing a w~rehouse
building with an office, and
WHEREAS, this Board deems such use consistent with the uses in a Light Industrial
District as proposed by Raymond, Parish, Pine & Weiner, Inc.'s Master Plan Update
Zoning Code revisions,
NOW, THEREFORE, BE IT RESOLVED that the applicasnt be and he hereby is granted
a waiver of the provisions of Local Law No. I4 - 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 permits and approvals required by all Town and other
governmental agencies having jurisidiction thereof. ,
31.-Vote of the Town ~;oard: Ayes: Councilwoman Cochran, Councilman Schondeoare,
~ ~h, Justice Edwards, Councilman Townsend, Supervisor Mu.~phL~
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 32 is the 280 North Road" application.
32. Moved by Councilman Townsend, seconded by Justice Edwards,
WHEREAS, John C. Tsunis, Esq., on behalf of "280 North Road", has requested that
this Board waive the provisions of Local Law NO. 14 - 1985 with respect to his applica-
tion presently pending before the Southold Town Planning Board, and
WHEREAS, this Board finds that the applicant proposes to construct a retail shopping
center, and
WHEREAS, this Board deems such us inconsistent with the uses in the R-O 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 denied a
waiver of the provisions of Local Law-No. 14 - 1985 with respect to his application
F~resentl¥. pending before the Southold Town Planning Board for site plan approval.
32.-v~.~ ....... 7o',';i] ~oard: Ayes: Councilwoman Cochran, Councilman Schondeba. re,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED,
33.
Moved by Councilwoman Cochfan, seconded by Councilman Schondebare,
WHEREAS, Alfred M. Citelli, Jr., D.D.S. and Vincent M. Claps, D.D.S. have
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
WHEREAS, this Board finds that the applicant proposes to construct professional
office buildings, and
WHEREAS, this Board deems such use conssitent with the uses in a Light Business
District as proposed by Raymond, Parish, Pine & Weiner, IAc.'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 of
permitting such uses on said premises as set forth in their application presently
pending before the Southold. Town Planning Board fop site-.pl~n approval, subject,
however, to the applicant obtaining any and all permits and appr,ovals required by
all Town and other .~overnmental 'agencies having jurisdiction thereof.
OO OB , 1 1 3
33.-Vote of the Town Board: Ayes: C~6iJki'~:ilW6man C0chran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 34 is the Celic application.
34. Moved by Councilwoman Cochran, seconded by Councilman Schondebare,
WHEREAS, Robert A. Celic has requested that this Board waive the provisions of
Local Law No. 14- 1985 with respect to his application pending before the Southold
Town Planning Board and Southold Town Building Inspector, and
WHEREAS, this Board finds that the applicant proposes to construction an extension
to his real estate office building, and '
WHEREAS, this Board deems such use consistent with the uses in a B-1 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 the extent of permitting such
uses on said premises as set forth in his application presently pending before the
Southold Town Planning Board for site plan approval and 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.
34.--Vote o';~ ~he Town Board: Ayes: Councilwoman Cochran, Councilman :~chondebat~e,
Councilman Stoutenburgh, Justice Edwards. Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Did you want to recess, Jay?
COUNCILMAN SCHONDEBARE: In case anybody wanted to do something else.
SUPERVISOR MURPHY: At this time is there any member of the Town Board want
to make any further comments? Jay? (No.) Joe?
COUNCILMAN TOWNSEND: I wanted to review by off-agenda file.
SUPERVISOR MURPHY: We'll recess. Paul?
COUNCILMAN STOUTENBURGH: We'll recess? Okay, I'll do this after.
SUPERVISOR MURPHY: Jean? (Fine.) Ray?
JUSTICE EDWARDS: Just one comment. We had an excellent sit-down with Wally
Duncan ~egarding municipal electric last Tuesday, I believe it was, and I believe
Mr. Murphy has some correspondence from Mr. Duncan regarding the proposal
for doing the legal study for SEACOM and for Fishers Island municipal electric,
and I hope shortly the Town of Southold will go in contract with R. W. Beck to
do a study for Fishers Island municipal electric. Thank you, Frank.
SUPERVISOR MURPHY: Okay, at this time is there anyone in the audience would
like to make a comment? Frank?
MR. FRANK BEAR: I have an open letter to the Town Board in reference to the
airport. I'd like .-to have that letter as a matter of record here and I would like
to call attention especially to the last couple of paragraphs of the letter in which
I said, "Surely, the Town Board can stop FAA's dominance over us by deciding as
quickly as possible to stop our Airport Site Selection/Master Plan Study. You .have
.the facts about feasibility and site selection in the revised Phases I and II reports
of the study. Please take the next step now by setting a date for a public informa-
tion meeting, to hear from Southold's citizens, 63 percent of whom are against the
airport, according to a poll conducted by the North Fork Environmental Council.
Then, end the s/tudy, and the airport proposal. "---(Mr. Bear's entire Open letter
reads as follows:)
"Southold Town Board, Southold, New York, October 19, 1985, Dear Town Board
Members: If we had needed any further proof that a Town-owned public airport
would subject the citizens of the Town of Southold to the authority of the Federal
Aviation Administration, the FAA itself has provided that proof, here as well as in
the Towns of Brookhaven and East Hampton.
"First, let's talk about here. The Town has been waiting since early last
summer for the comments of the FAA on the revised reports o.f Phases I and-31 of
the Airport Site Selection/Master Plan Study. FAA set itself~hree_delayed deadlines
for its comments: August 30, then September 20, then October 9. Now we hear
that FAA has taken a fourth ex'tension, til the end of October.
~The Town Board has been waiting for FAA's commeots before calling a public
information meeting to inform, and listen to, the status and desirability of the proposed
airport. The State Department of Transportation has made its comments promptly.
Why not the FAA? --
"FA.A's stalling-has effectively delayed Town Board action until afte~ the November
5 election. The FAA has held the reins (or should I say, kept us grounded). The
Town Board and Southold's citizens have been kept waiting at the gate. Why can't
we head back to the ticket counter now to cancel our FAA reservations and avoid
problems such as those experienced by the Towns of Brookhaven and East Hampton?
"Last year, FAA designated Brookhaven Airport as a "reliever" facility for small
recreational aircraft that Otherwise would land at Republic Airport in Farmingdale or
Long Island-MacArthur Airport in Islip. Now, FAA has awarded Brookhaven ~72,000
for an $80, 00 study to determine the feasibility of turning the privately-owned Coram
Airpark into an expanded pbblic facility to handle overflow from Brookhaven Airport.
The number of takeoffs and landings at Brookhaven Airport has increased from about
80,000 to nearly 100,000 in just the last three years, according to FAA and Brookhaven
officials. And John Rauh, Brookhaven director of transportation and manager of
Brookhaven Airport, was quoted in the October 15 Newsday as saying that recreatic~-~l
aircraft "continue to be pushed eastward on the island." In other words, toward
Southold.
"An example of how East Hampton has been subject to FAA's rule was a change
of designation of East Hampton Airport from "general aviation" to "basic~ transport. ''
That means a larger, noisier airport use by larger aircraft. Out of this also grew
a $10 million lawsuit against the Town." .... The next paragraph of Mr. Bear's letter
is quoted in his opening statement. ---
"Southold doesn't want to be, or need to be, beholden to the FAA now or in
the future. Thank you. Yours truly, /s/ Franklin Bear."
I'd like to know if the Town Board has any comments on that?
SUPERVISOR MURPHY: Anyone like to comment?
COUNCILMAN STOUTENBURGH: My comment was is that I think we should do
something along this line to get a hearing one way or the other on this thing and I---
COUNCILMAN TOWNSEND: Where does say that the FAA asked to review these
things?
SUPERVISOR MURPHY: The consultant asked for an extension of time before we
had our final review.
COUNCILMAN TOWNSEND: I'm talking about the FAA review.
SUPERVISOR MURPHY: This is the FAA's review of the answers to the questions
that the consultant gave to the New York State DOT
COUNCILMAN TOWNSEND: They automatically do this?
SUPERVISOR MURPHY: Yes.
,MR. BEAR: The FAA is the one which has requested these extensions, isn't that
right ?
SUPERVISOR MURPHY: Yes.
MR. BEAR: So they've had four extensions now. The last one to the end of
October.
SUPERVISOR MURPHY: I believe so. Is there anyone else would like to speak?
Dave ?
MR. DAVID SPOHN: Yes. Mr. Supervisor, members of the Town Board. I'd like
to answer that letter from Mr. Bear and this is an open letter to the Town Board
from me as President of the North Fork Aviation Association:
"The date of the special meeting that originated the request for written comments
from the FAA was June 27, 1985 and was called by Supervisor Frank Murphy." tt was
a special meeting.
"The time used by the FAA for review, is at their discretion and I see no reason
to request them to do otherwise. The issue is transportation and not a political or
popularity issue even though certain parties are trying very hard to make it one.
"Mr. Bear voiced no concern over the possible delay in funding due to a Tri-
State Planning Commission requirement of review," very early in the study. Nor
did he voice any concern over a "two year delay in funding after the original request"
was put in in 1980 or a grant. Neither has he answered a letter sent to him dated
September 29, 1980, challenging pbblic statements which he made. A recent request
was made for documents from the North Fork Environmental Council (of which he is
a member and past president) on the airport issue, which were promised sometime
after January 1985.
"These documents are not available until after the elections~ I wonder how Mr.
Bear feels about that delay?~ On September 24~ -I979 at a. North Fork Environmental
Council meetin.g, the minutes reflect that a general meeting on .the airport matter was
held. No need to burry the issue was the general meeting." And that's probably a
misprint on the word "meeting", probably "feeling". "Frank Bear was president at
that time. What is the difference now?
.... "FAA funds from the Airport Improvement Program are currently being used on
OCTOBER 22, 1985
115
the one and only Town airport located on Fishers Island." So I think it's a moot
point when you talk about FAA fi~n~i~ng~'~t~s~'~i~'~ c'~irrently in progress and in
use.
"The public information meeting that Mr. Bear is talking about would be only
on Phases i and II. If there is someone that Mr. Bear knows of that wishes to give
information, or to receive information, that has not already been discussed, I would
request that he would make that person or persons and information known to the
committee. Again, I would emphasize that the information should be in relation to
Phase I and II.
"In refernece to Brookhaven Airport and the reference to its "reliever status":
It should be noted that Brookhaven Airport does operate at a profit. This airport
is approximately 12 nautical miles" roadwise "from Westhampton Airport. The alternate
airport for the Coram proposal is East Moriches, which is approximately 6 nautical road
miles from Westhampton Airport. One of the proposed sites for Southold is approximately
25 nautical road miles from Westhampton Airport. The point is, that a small 9eneral
aviation airport can be considered as a possibility just 6 miles from Westhampton Air-
port (Suffolk County).
"The reference to East Hampton Airport is out of context. Words do not change
the dimensions of an airport. The terms used by Mr. Bear do not seem to be correct.
An airport only changes its designation at the request of the local governing body.
As an examp.e of Mr. Bear's bias, he neglected to mention that the Town of East
Hampton won the lawsuit. The size of East Hampton Airport is much larger than any
facility proposed for the Town of Southold. Yours truly, /s/ David C. Spohn,
President, North Fork Aviation Association." Thank you very much.
SUPERVISOR MORPHY: Thank you. Is there anyone else would like to speak? Yes.
MR. JOHN SPOHN, Greenport: I'd like to address the Town Board and Supervisor
Murphy regarding the airport issue and specifically the continuation of the Site
Selection Plan. I find it entirely ironic that Ruth and Frank and other people of
like mind, who are outspokenly environmental, are charging so hard to stop the
study. Surely if the Town were going to proceed with building an airport they'd
be asking us to study it to death in order to kill it. They'd want us to study the
environmental impacts of mowing the lawn. It's entirely unfair to say that one issue~
because of a perceived unpopula:rity, or a perceived --or lack thereof of popularity,
does not require a full investigation of the ramifications of the project before you make
you make a decision on it. It's beyond me that you would really want to make a
decision one way or the other on an issue that's going to cost the Town $1,569.00
total. You want to stop it now versus getting all the information~ You stop it now
you get zero for your information. You complete it it costs you $1,500 and at the
absolute worst you have a study that you may not use. Buying land, building an
airport or any such activity is not part of the study. I can't understand why they
want to stop it before the environmental impacts are assessed. I would think that
they would be extremely interested in that, and all of you, but it's incomprehensible
that you would even consider stopping it at this point. It's obvious to me that because
this is perceived to be an unpopular thing that everybody is doing their best to appear
against it, regardless of whether or not they are. I would challenge the fact that it
is in fact an unpopular issue. I've done a little bit of homework on this regarding
their so-called phone study. Which I might add, although it's been cited numerous
times for reasons to kill the study, that documentation for this study is not in the
public domain. And I don't mean how many people responded and what percentage
said "yes", "no", "indifferent" or whatever. There's an extremely large number of
factors that go into the validity of a study that have not been discussed or addressed.
'1 called the Gallup organization in Princeton, New Jersey. I called the Harris Poll
organization in New York. I spoke to Opinions Research in New York. Guaranteed--
guaranteed that if everything was done perfectly the best competence you could have
is plus or minus six percent and that when you factor in other things like, well--
did you identify yourself as an NFEC member before you asked the question? During
the conversation? How were the names selected? And I understand that the names
were selected off a voter registration list, but that may not necessarily constitute a
valid selection. What time of day did you call? Of course if you call at 2:00 or
3:00 in the afternoon you're not going to get very many people who are out working
and that can bats the answers. Now, I can't make any specific accusations because
I don't know what's go~ng on and even though it---if this documentation exists and
it's a matter of making a photocopy, it's beyond me why there isn't enough time between
today, October 22nd, and November 5th to give me a copy of it. Or for that matter
to submit it to any of you, whom you've taken it all~on faith. It's incomprehensible.
I've documented examples in the letters to .the editor where Supervisor Murphy, in
particular, has made very confusing and--I just don't understand why it is that they
have worked in cooperation with those who oppose it to do everything possible to
obstruct the progress, to denigrate the proponents and otherwise. You're fond of~
say, as you did after I challenged you on it, you stood up at the LWV debate and
said, "There's three ~airports in Southold Town;"~--No, ex~use me, "We have three
airports in Southold Town." Well, questiQn one is who's "we"?'~-~Certainly not the
Town. The Town has one airport. It's on Fishers Island. Now, for me, as a student
pilot, and not-a friend of Mr. Wickham, or whoever owns Rose, for me I~ have no
airports on the North Fork. I have non~ available to me. Mattituck is private. They
could close it tomorrow. Mattituck is private. They don't allow night flying. Mattituck
is private. They don't allow instruction. Rose is 1300 feet long. It's not practical
for any of these things. If I wanted to learn to fly, I'd want to learn to fly in an
area that had a proper margin for error. Rose Airport does not have that. So don't
tell me that I have three airports. I have zero airports. The Town established the
need for an airport in 1964. That remains on the books. They satisfied that need
by leasing Mattituck. And that was fine. But in 1979, six years ago, the lease
wasn't renewed. So from that point til now we have zero airports. The need has
been established. It's on the books. It's not a question of whether or not we need
an airport. They've already said we need an airport. The study, at this point,
more or less is approximately forty percent complete, with completed Phases I and
I1 and are only waiting for comments back from the FAA, which is a normal procedure
in the conduct of a study The erson who's doin ,
· p g the study, or the firm they go~
out, they make their findings, they SUbmit a draft~ They submit a draft to all the il l
regulatory agencies involved. The regulatory agencies come back with their commen(,_~...I
The person doin9 the study addresses the comments and submits a final report. Now
granted it has taken the FAA some time, but the inference that those who support the
airport are trying to delay this until after ~he election is an absolute joke. Why would
we want to delay anything. We've been-waitin9 six years. It's unbelievable. It's--
I'll tell you a few more unbelievable things. I think it's pretty unbelievable that the
Town Board will go out and set the precedent, by resolution, at this stage of the
study that they're not going to use land condemnation to acquire land for an airport.
Now whether or not we decide to do that is up to the Town Board. I'm not trying to
tell you what to do. But to throw thai out now, by resolution, versus simply electing
not to condemn the land when the issue comes up is two very different things. If
you set the precedent of not condemning property for municipal projects, which this
is, then how do you expect to acquire all the LILCO property for SEACOM? They're
certainly not going to sell it to you. The only way to get your hands on it is to
condemn it. I don't understand that. I don't understand why Supervisor Murphy,
who was appointed to the Technical Advisor-y Committee in October 83, attended one
meeting. Now we claimed initially that he attended no meetings and for all intents
and purposes he attended no meetings. He was at the first meeting. He had--there
was utterance from him and it was, "1 have to go." That's a paraphrase, it's not a
quote. So in that sense, as a representative of the Town to the Technical Advisory
Committee, at that point he didn't seem particularly interested with exactly what was
going on. Also he voted to commission the study in September of 83. In response
to a letter from John Skabry in March of 84 he said, "We will certainly have hearings~
and informational meetings when the results of the study are completed." Then the
next month he sent a letter requesting a million and a half dollars be set aside for
land acquisition. And then finally, after the great uproar of Christmas 84, with the~..~
posters of flaming airplanes and all that sort of nonsense, he said in a letter, in an
official letter on Town stationery to Mrs. Bergmann, President of STATA, he said
that if he-received permission from NYSDOT to stop the study he would offer that
resolution today. He also said that he has to---are commitments made by previous
supervisors and that they would have to wait until the time can come when, "we can
stop the study." Now again the question is, who's we? Is we the Town Board? Is
we the Town Board and STATA? Is we the Town Board, STATA, NFEC? Who's we?
I also present another thing to you. There are five phases in this study. Phase I
is assess the physical requirements. Phase II is select a site. Phase Ill is get a
strict physical plan for the facility. Phase IV is investigate the financial impacts
and a financing plan. In other words to determine whether or not it's going to make
any money, and Phase V is to tie it all together with the environmental impacts and
the public imput. And there are also public informational meetings scheduled through-
out the study. NOW I ask you, let's try to de-emotionalize this for a minute and say
take the word "airport" out and put the generic word "store" in. The Town Board's
trying to decide whether or not it's a good idea to build a Town Store. All. right?
So you know how many feet your store has to have. You know where the best-site
you're going to put it is. But you don!t know what the store's going to look like.
You don't know how you're going to pay for it. You don't know what kind of
financial impact itls going to have on the Town. It may make money, it may not.
And you don't know the net effect on the environment or the people of the Town.
Now I ask you the rhetorical question, are you in any position to decide whether
or..not to build that store? My answer is no. Whether you support the idea of the
airport, came to the Town Board and said, "We have an idea. We think an airport
will be a good idea. ~'e'd like to investigate it." And the Town kind of hemmed and~'~'~
hawed, but we pushed and we said, "Here's the funding. Look, 96~° to pay for the
study. Only out-of-pocket cost to the Town is $1,569.00, eight cents per capita."
Okay? So we start up on.the study and now it's time to stop according to those
who oppose it. For reasons unbeknownst to me. We're not asking you to say now,
or any time before the study's finished, whether or not you think to build an airport
is a good idea. Because we don't know until the study is finished.~ What we are
asking is for you to serve our r, ight to a full investigation of the matter and"l believe'
we have that right. Similar to the way that Ruth and her group and Frank and his
group have the right to demand a DEIS from every last.thing--~hat got built in this
Town for the last two years. They have that right. It's a goo~ thing to demand
Deis'. It's a good thing to ~nforce the complete study of almost any project and its
impact before the decision"-is made. So I ask you again the rhetorical q~estion~ why
stop the~:airpo[~ s~udy now? What possible good could it serve anyone? -[ mean, in
1 1 7
the long run, if things progress as they've been investigated to date by the study,
the airport was put on Site 2, it w~I~, ha~ve,a net cost to the Town of four and a
half million dollar facility:,' a net ~'~'~{6'~'~:~:~i ~f ~'b~ut ~87,000. That coutd be
taken care of through services in kind. Resulting in a four and a half million dollar
facility for the Town at zero out-of-pocket costs. Now whether or not you're for an
airport, it seems to me that it would be at least a good idea to investigate it from
that standpoint. How about another standpoint. That particular site is 141 acres.
If~ a facility is put on that site, approximately 20% of it is taken up by "airport'~.
Buildings, taxi-ways, runways. The rest of the site, which is acquired strictly as
a buffer zone to keep all objectionable noise on the site, remains precisely as it is.
Remains any way the Town wishes it to remain. They want it to stay in farming,
that's okay. They want to set it aside for watershed, that's okay. You want to
put certain other Town facilities out of the way of the runways and the other
activities of the airport, that's okay. But you have ultimate control of tha approx-
imately 110 acres that are left over. You could preserve it to your heart's content.
But contrast that for an instance--I know it may not be particularly applicable on
this site, but contrast that--that is 110 acres preserved. Contrast that with say,
farmland preservation. Okay? V~e want to preserve 110 acres farmland preservation,
it costs the Town $550,000 and what do you get for it? You get a promise from the
landowner to not develop that. Now let's run the calendar ahead ten years, say.
Different Town Board. Different developer. Gee, you know, I think it would be
a real good idea to build some houses. VChat is this old agreement anyhow? Ah--
out it goes. But if you go ahead and move ahead with this airport you have 110 acres
there locked in any way you please. So again I would simply ask you, well, no,
I would not. Another point. Mr. Bear, ~vlrs. Skabry, Mrs. Bergmann, are clammoring
constantly that they don't know where it is. That they don't know what's going on.
That they're very worried, as though progress on the study is somehow going to under-
mine their effort to say that it's not a good idea. Which is beyond me, but that's okay.
But they've got copies of all the reports, just like you do. They're available. (Commen-
from the audience.)
SUPERVISOR MURPHY: John, please try to keep your comments to me or to the Town
Board.
MR. SPOHN: Yes, I have tried in the past to keep my comments ....
SUPERVISOR MURPHY: To me and the Town Board. Please keep the people in the
audience out of it. You asked to address us.
MR. SPOHN: That's correct. I'm sorry, sir. I stand corrected. I would simply ask
you all, and all potential candidates for Council, treat this at issue as you would treat
any other issue that's perceived as it's ~otally popular. Willing to ~ake a 23 million
dollar "leap of faith" for SEACOM and yet for some reason were not even willing to be
earnest enough to find out all the details on this issue before we make a decision.
Now I'm all for SEACOM. ! think it's a good idea, but you're talking big bucks there.
It's true that the airports not a high priority issue. It isn't. It's not as important
as SEACOM. It's not as important as housing. It's not as important as water. Not
as expensive as any of those either; All we're saying is we have a good idea, let's
get a full professional investigation and then make a decision. We're willing to let
the study stand on its own merits. What's everybody so afraid of? That it's going
to provide them wrong? If you stop it we'll never know. As a matter of fact, if
you stop it we run the risk of having to pay for the whole shebang ourselves. Why
would we even want to risk paying more for it? Certainly they would be against that.
It's beyond me. Thank you.
SUPERVISOR MURPHY: Thank you. Is there anyone else in the audience would like
to address the Board? Mrs.- Bergmann.
MRS. DIANE BERGMANN: Let it be put on the record, l~iy name is Diane Bergmann.
I'm President of STATA. Number one, we have not been asking for the study to be
stopped. We're asking for public meetings. We'd like the public to be presented with
Phase I and Il. As the DOT says, we are ready to have that presented. Foster
Beach said there should be a series of ten meetings throughout this. I see no ten
meetings. The people should be informed. Let the people decide whether or not to
stop this study, not 50 business people with 27 planes. My figures might be a little
off because I wasn't prepared to come up tonight. But talk about surveys. The
survey that they ran was 50 businessmen with 27 planes. The Greenport-Southbld
Chamber of Commerce has over 200 rnembers. Mattituck, I don't know how many members
they have. Then there's Cutchogue. How many business people do we have when we're
only addressing 50? How accurate is their survey? Establish the need? Read the
Spellman Report. There's no need established here int he Spellman Report. They said
Mattituck would.have 85 planes years_ago. They have 23. There's no need. Let it ..
go to the people and let the people decide. Let the people see Phase I and 11. Let
it be presented like it was supposed to be. Thank you
SUPERVISOR MURPHY: Thank- you. Is there anyone else would like to speak? Dave?
118
OCTOBER 22, 1985
MR. DAVID SPOHN: Yes. I'd like to address some of those comments informationwise.
The study and the copy of the combined Phase I and II, I have been requested by New
York State Department of Transportation, Foster Beach, not -to distribute those until
the FAA had made their comments and l~m just honoring that request.
MRS. MARGARET SKABRY: ¥~hen did they ask you that?
MR. SPOHN: Right there at that meeting.
MRS. SKABRY: No .....
SUPERVISOR MURPHY: Please, Dave, you asked to address the Town Board. Please
do not get into a discussion with people.
MR. SPOI-tN: Yes, right. Okay. And the other issues with reference to it--with
reference to the surveys, could be better discussed after you close your meeting.
But there is answers for all of that and it's all in the documentation. Thank you
very much.
SUPERVISOR MURPHY: Thank you. Is there anyone else? Mrs. Skabry.
MRS. IV;ARGARET SKABRY, Henry's Lane, Peconic: I want you to notice I am not
clammoring for anything except the right as a citizen, whose tax money is being
spent; because I do pay Federal, State and local taxes and when I do fly to Florida
to visit the inlaws that is part of the money, from the gas and everything, that goes
to these studies. Okay? Let's get that clear. It is my money. Now we've gotten
that nonsense out of the way, we have the tape also when Foster Beach was here and
there was no mention of do not turn it over to the people, the report. As a matter
of fact I asked every member of this Board if I could borrow their copy. Nope,
couldn't come up with one could I? No. We were told that day by Mr. Spohn, in
the back room, after the meeting, that only two members of the Board showed up
for, that no, you can't have it. Now you want to talk about condemnation of land?
There's something in this very, very ratty old paper called the Constitution that
talked about condemnation of land. Used all too often now. Brookhaven is making
a profit. How many homes have been condemned? How many people's lives have been
ruined by condemnation? Condemnation at times may serve a purpose for acquiring
utility companies or whatever you want. That might be worthwhile. Condemnation
of a persons home and their life is not worth it. I would like to correct John to the '-
point we do ha~e an airport, we have Westhampton. A massive beautiful airport just
waiting for him. If Mattituck isn't being fully utilized, ask yourselves why?
why. It's been restricted. Remember also you will not regulate this Town-own'~
airport. Yes, Easthampton may have won its lawsuit, at what price? Too high a price
perhaps, because they allowed an airport. There's a little problem with this condemnation
problem in the resolutoin you passed. There's been a lot of question about it. I just
happened to get a copy of it last week because I had a feeling this was going to be
hitting the fan and it wasn't going to be quoted correctly. It's Resolution 34, February
5th, Part A and Part B. Part A: "Moved by Supervisor Murphy, seconded by Council-
man Schondebare, it was RESOLVED that the Town Board-of the Town of Southold here-
by state official position on the following point: The Southold Town Board is unwilling
to condemn the existing tviattituck Airport for development as a Town-owned airport if
not avilable for purchase." Now that was seconded. Here's the votes for the Ayes:
In favor of not condemning someone's business were: Councilwoman Cochran: Under
the present circumstances. Councilman Schondebare, Councilman Stoutenburgh, Council-
man Townsend, Supervisor MUrphy. Justice Edwards was the only one that said no.
We understand that, being he comes from Fishers Island he would like a place to land
somewhere closer than Westhampton. Westhampton is not a bad place. That was part
i~. Part A of that resolution read: --now mind you, Mattituck is a business, ol~ay?
One vote, but a business. Part A read: "Moved by Supervisor Murphy, seconded
by Councilman Schondebare, it was RESOLVED that A: That The Town Board of the
Town of Southold hereby state their official position on the following position: The
Southold Town Board is unwilling to condemn the necessary land needed to develop
a Town-owned airport if such land is not available for purchase" All ri hr? A ers
· g · p
is'given an option. If they want to move, fine. If they'd like to. Or if they happ
to own property there and they'd be interested in selling, fine. Here's the v~te:
Councilman Townsend--Oh, pardon me. That was just one of the questions you had
that night. I did not mean to start reading that part. Okay, the vote: In favors
of not condemning land was Councilwoman Cochran: Under the present circumstances.
Councilman Schondebare, Councilman Stoutenburgh, Supervisor /Viurphy. The noes
when it came to individual property, possibly homes, one person, one vote: Edwards
and Mr. Townsend. Okay? Now Mr. Townsend the other night at the Meet [he
Candidates Night did rnention that he has been in favor of condemnation in the past
to build .affordable housing and stuff. I don't know what that property was like
before he condemned it or voted"for condemnation, t .really don't know. I'm not
informed on that issue. I suppose at times there is a need for it and it may be
right, but it's not right to build something that the people are §b vehemently against
and that has been tossed around for so many years and has never gotten passed
because the Town hasn't t;eally wanted one. we're worried not so much-about tl~e fact
the study, is not terribly accurate and that e~)en'~ve could find errors in' "i~ that were
OCTOBER 22, 1985 '
119
also found by the New York State Department of Transportation and the FAA, as iust
average citizens who tool~: the time~i~he:repbr~:/ b'ut we're worried that it has
gotten even this far before a Town Board of educated people. Now you've all taken
for workin9 on it and letting it take so long that it has to be remembered
that it wasn't just this Town Board that was involved, it was the past one on which
Mr. Townsend voted in favor, Mr. Murphy, Mr. Pell. I don't know who else was on
the Board at the time. I'm not sure if Mr. Edwards was. So all in all it isn't just
one Board. We really would have liked to have seen it settled before the next Board
comes in or perhaps some jockeying of positions may change. The possibility of an
even fair shake to the regular residents. A great deal of time and concern has been
given to the people who would like to take flying lessons over my home. We have not
had any consideration shown. I think it's time, because it was practically another
hearing today, one sided, it's dine for this Board to realize that the people have a
right, and I also think it would be awfully nice if you could find somebody who could
sit around, with an engineering degree, that's not in favor of the airport, to perhaps
represent our side. I am very, very aggravated. I do take offense, also, with the
fact that our papers do not seem to cover equally and many letters that are sent to
them, that have also been sent to the Board, are not printed, but other personal
attacks are. I don't want to drop to that level. So I will only address that person
by his name once. My Town Board is above that and I'm also asking you, is what
we asked you before, read the study and realize it has not been done right and this
is just bad money being thrown out to finish .it and it. is not wanted. And I'd like
a copy of that report. It's supposed to be open to people to see. Thank you.
SUPERVISOR MURPHY: Thank you. Is there anyone else would like to speak?
/VlR. JOHN SPOHN: Yes~ sir, briefly. I promise. I take issue with the claim that
the majority of people in this Town are vehemently opposed to an airport. I don't
take issue with the fact that Mrs. Skabry is, but I take issue with that fact. You
cannot base Town policy on a phone poll conducted by an inherently baised group
that remains as yet undocumented. I find it interesting that when certain members
of STATA were challenged to sit down with the reporter in the room and discuss
the facts, their response was, well, we don't want to do that because you have all
the facts and ours is an emotional issue and that's precisely the point. Decisions
of this magnitude should not be made on emotional issues. Thank you.
MRS. SKABRY: Excuse me, I have to respond to that. The reporter that wanted
that--okay?--there is no reason why we the citizens of Southold Township have to
· go before people who invented a need, conducted surveys which they're going to
explain to you how really good they were, have to sit there with the repOrter and
to spend our life as citizens to not be in favor of something that has gotten a toe-
hold or a foothold or. whatever hold ybu. Want to call it, on Past Town Boards and
they have~ not been willing to stop. There is no reason why we should be taken by
a reporter who says,he's going to print the fair side of an article, equal time you
might call it, to another article, has our information in our hands"that we've had to
work very hard to get to present to a Board that hadn't been openly willing to read
the study and understand the errors in it and now we're being asked and cajoled
and trying to be cinived around to sit down with someone who in no way on earth
could possibty understand why a person might not want to fly or might :not want
an airport. It's our Town Board we have to go.to. We don't have to go around to
secret little meetings for a reporter's column. We come to our Town Board and our
Town Board doesn't act. Do you see what this has done in this Town? The inaction?
Only the proponents were heard from for how many years until it hit the Master Plan
Map and the people found out about it. You never heard another side of it did you?
You heard it now. Please ·don't continue to have our lives tied up with having to
worry about what reporter is_ printing, what letters, who's got whose ear, what
information you're being fed that you could document yourself if you had the time
and you weren't so busy running the Town, but you have to run the Town. You
can't expect it to know everything. That's why we're here. That's why we keep
coming back. To see to it you~ stay on this issue and you do get the facts. Thanks.
Just give us our chance and don't be so closed-minded in favor of something that has
been started so many years. Thank you.
SUPERVISOR ~viURPHY: Thank you. Is there anyone else Would like to make some
comments? Would you just limit? We've had quite a bit on the airport.
MR. BEAR: I would just .like to clarify a few things that have been distorted
John Spohn. One, the fact that in 1964 a Southold Town Board fell that we should
have an airport does not mean that in 1985"or 1986 that there, shoUld still be a Town
Board being beholding to what was felt 21 years ago. That was the beginning, there's
no question about that and that's what led to the Town paying for the runway at the
Mattituck Airpor:t and so on. I'd like. to also to make it clear, to make it clear as I
· can that this way in which they have 'been talking down the poll that was made by the
North Fork Environmental Council is based on '~he behavior; apparently, that has been
done by the people who have be~n in favor of the airport. We':'fi~ve not done this
sort of thing that they did. We had not Chosen the people that we called. We took
every 25th person in the voters list. If,we couldn't get the 25,th because_the're was
_:no answer time after time, then we took the 24th or the 26th, but we took a very fair
120
OCTOBER 22, 1985
poll with the question,
but pretty close to this, "Do you believe that the Town of Southold should have a
Town owned airport, municipal airport?" If the answer was no, then there were no
further questions. If the answer was yes, there were some further questions about
how they felt it should be done and so forth. I won't go into details because I don't
have it here in front of me. I want to make it clear that what we expect from this
Town Board is that this Town Board do what the DOT has told many, many, many
times in letters to the Town Board at the conclusion of Phases I and II there could
be a public information meeting and I think now is the time that this be done and
that we not let the FAA and the proponents to the airport, who are not concerned
about a fair study, but have said many times and I have quoted them many times,
that they want to do everything they can to prove the need of an airport. We want
to find out whether or not, what the facts are. We want to find out for the public
what's in these reports and want to know where we go from here. I think the time
has come for this Town Board to act. Thank you.
"Do you believe," and I may have my words not exactly right,
SUPERVISOR MURPHY: Thank you. John, please, we have other work to do. We're
not going to debate the airport here all night. I think everybody has been given a
fair chance.
MR. SPOHN: No, sir, I disagree. I have not had my fair chance.
SUPERVISOR MURPHY: John, will you please make it---we have additional work.
MR. SPOHN: Yes, sir, I respect your wishes. Mr. Bear's statement regarding that
we should not be able to ignore the action of the Board in 64 is tantamount saying
we could ignore the Constitution since those people aren't around anymore either.
That's ludicrous. Second of all, my comments regarding their study were based on
extensive conversations with Mr. Jack Ludwig of the Gallop Polling group. He is
their chief methodologist. This is not seat of the pants. I talked with the mar..
SUPERVISOR MURPHY: Thank you. Is there anyone else would like to address the
Town Board on anything else but airport? (No response.) If not I would like to
recess just in case any members has anything further to bring before the Town E~oard.
Could I have a resolution?
Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was
RESOLVED that this Town Board meeting be and hereby is recessed at 5:45 P.M.
Vote of the Town Board: Ayes: Councilwoman Cochran, C~h-o-~-de---~e,
~~h, Justice Edwards, Counciman Townsend, Supervisor Murphy,'
This resolution was declared duly ADOPTED.
The Boar~l discussed sending a letter to the Federal Aviation Administration relative
to their review of the Consolidated Report, Airport Site Selection Study.
Meeting reconvened at 5:55 P.M.
Moved by Councilman Schondebare, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis J. Murphy to send a letter to the Federal Aviation
Administration advisin9 them that if the Town's Consultant, Environmental Science
and Engineerinq, Inc., does not receive their review of the Consolidated Report,
Airport Site Selection Study for the Town of Southold by November 15, 1985, the
Town Board will schedule a public informational meeting without waiting for their
comments.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh; Justice Edwards, Councilman Townsend, Supervisor J~urphy.
This resolution was declared duly ADOPTED,
Moved by Councilman Schondebare, seconded by Councilman Stoutenburqh, it was
RESOLVED that this Town Board meeting be'and hereby is adjourned at~ 5:58 P.M.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murph! !
This resolution was declared duly ADOPTED.
'~' "- ~udith T. Terry
Southold Town Clerk