HomeMy WebLinkAboutTB-12/03/1985179
SOUTHOLD TOWN BOARD
DECEMBER 3, 1985
WORK SESSION
Present: Supervisor Francis J. Murphy, Councilman Joseph L. Townsend, Jr.,
Councilman Paul Stoutenburgh, Councilwoman Jean W. Cochran, Justice Raymond W.
Edwards (9:45 a.m.), Town Clerk Judith T. Terry, Town Attorney Robert W. Tasker
(9:40 a.m.), Superintendent of Highways Raymond C. Dean. Absent: Councilman
James A. Schondebare.
9:00 A.M. - The Board began auditing outstanding vouchers.
9:20 A.M. - Dr. Joseph Lizewski appeared before the Board to express his diss.atis-
faction with the Zoning Code requirement for a foundation survey. Dr. Lizewski
said the requirement is impeding building progress in this Town--his own project
is being held up six weeks for this foundation survey since the surveyors cannot
keep up with the requests and are becbming backlogged four-to six weeks. He
asserted that the delays are causing a loss of thousands of dollars to the people
of the Town. Dr. Lizewski was advised that the-law has been in effect since 1968,
but the process is unwieldy and time consumin9 and consideration is being given to
an affidavit from the property owner absolving the Town from responsibility if he
violates the zoning regulations. This matter will be further addressed by the Code
Committee at their December 6th meeting.
9:30 A.M. - Superintendent of Highways Dean brought the Board up to date on
the progress being made in the removal and disposal of debris from Hurricane Gloria.
9:50 A.M. -
is interested
interested in
Supervisor Murphy advised the Board that the Mattituck Park District
in conveying the Pike Street parking field to the Town---the Board is
acquiring it.
9:55 A.M. - Whitney Booth, Jr. met with the Board to discuss the proposed re-
location of a drainage easement on his property at Soundview Avenue and Hortons
Lane, Southold'. The relocation, approximately 30 feet to the west appeared to be
satisfactory to the Board and Superintendent of Highways Dean, however, later in
the day this was discussed further and it was determined that such a relocation
would require DEC approval ~vhich Mr. Booth will be required to obtain. Mr. Dean
will speak to Mr. Booth relative to the required permits.
10:00 A.M. - The Board reviewed the waiver request of Roy C. Schoenhaar, Coache
Stoppe Restaurant & Deli, Mattituck, and found it consistent with the General Business
District as proposed in the master plan update zoning code revisions. They also
reviewed the waiver request of Carl J. Graseck, Southold Quarry, Inc. and found
i_t_ consistent with the Light Industrial Office District. (See resolutions 28 & 29.)
10:05 A.M. - Supervisor Murphy advised the Board that the FAA has reviewed
the Consolidated Report for the Airport Site Selection Master Plan Study and finds
it thorough and well presented. He has also spoken with Paul Puckli, the consultant,
and he is happy with the report. Mr. Murphy projected that a presentation and
public informational meeting can be held in mid-January. --The Board reviewed portions
of the consultant agreement with respect to the study.
10:25 A.M. - Venetia McKeiqhan, Director of the Southoid Town Nutrition Program,
met with the Board to discuss personnel changes and the proposed bid for a new van
for the Nutrition Program. She also informed the Board that the S-I van which was
acquired from RSVP is falling apart--a trip from Mattituck to Greenport takes two
hours to transport frail and elderly people. The Board agreed a new van should be
purchased and authorized a bid for same (see Resolution No. 20).
10:30 A.M. - For Discussion items: (5) Authorization for Town Planner David Emilita
to review the Draft Environmental Impact Statement for the change of zone petition
of Southport Development (see resolution No. 34). (8) Resumes for the position of
Road Inspector--interviews to be conducted by Superintendent of Highways Dean.
(10) Proposed resolution to declare Town Board lead agency for the Master Plan
Update Zoning Code revisions.--The Zoning Code revisions are not quite ready, so
180
DECEMBER 3, 1985
will hold this resolution until they are. (~2) Letter from William F. Mullen, J~.
offering his services at a cost of $400 per month to service the Town's general
insurance program.--Councilman Townsend will meet with Mr.~ Mullen to further
discuss this. (14) Letter from Town Justice Edwards relative to the ongoing drainage
problem at Avenue "B", Fishers Island. Superintendent of Highways Dean will work
with Justice Edwards to solve the problem as soon as possible.
10:45 A.M. - Herbert R. Mandel, Chairman of the Southold Town Housn9 Advisor¥
Committee, to discuss affordable housin9 in Southold Town. Mr. Mandel made the
following comments: "1 have prepared these comments as follow-up to the discussion
on housing which took pace at your special meeting held November 27: We have
conducted surveys, we have read reports, we have heard speakers~ I wish to ~-~
advance the cause of affordable housing in Southold to its next stage, by offering ~i
to provide some very specific steps to take next. Recommendation A of the
Advisory Committee July 30 report was "to create districts of varying densities...
and to provide enough land in various density catagories to satisfy future need and
to insure competition in land markets." There is no question of a pressing need for
housing; that has been established by our surveys. Nor is there any question of
Southold's potential for accomodating its people that has been established by the
planners. (I refer to RPPW Master Plan Update Summary, April 1985, pp. 10-11.)
Our next step is to define "enough land" in terms of numbers of acres and potential
housing units, and to map this land with due respect for certain important character-
istics of our town; namely, open spaces, rural ambiance, and availability of resources
and utilities. In view of my responsibilities to the Board as Chairman of the Housing
Committee, this is a task I am willing to perform. Within 90 days I can present to you
a blueprint for solving the affordable housing problem. It will give chapter and verse
as to what kinds of housing will suit our requirements and where it might be best
located. And it will be based not on guesstimates but on a close study of our maps
guided by many years of professional experience in this field. This will be accomplishe~
in consultation with the members of the HAC as well as with other town officials whose
assistance, i have learned during the past year, is always graciously forthcoming. I
consider this undertaking the next step following on Recommenation A of my committee's
July 30th report.
"II. Recommendation B of the July 30 report called for the creation of a housing
authority "to supplement the effect of a policy for easing zoning regulations." it
would be marvelous if we could create a State sanctioned housing authority to oDer~
within set limits dictated by our needs and the special circum~stances of a town t'ikel
Southold. As you know, I have my doubts. I have read through the 2 and 1/4 itl
volume of the New York State Code which establishes a housing authority. A housi,~
authority's powers are aw%~ome with respect to a small town. A housing auth0~ity '
overrides zoning the town. It supercedes the authority of town agencies, such as
Building Inspection and Zoning Board of Appeals. It can condemn property for its
own use. In the Town of East Hampton, some members of the Town Council regard
it as a mistake to have established a housing authority. And--what is cause for
utmost caution--it often becomes so entrenched that it is almost impossible to get rid
of once its purpose is accomplished, if ever. A housing authority is needed when ther~
are serious obstacles to overcome, such as exclusionary zoning or public opposition.
I don't believe we have such obstacles. Before establishing a housing authority would
it not be better if through the Housing Committee or an entity empowered by the Counc
we set down affordable housing goals with the-guidelines to reach them for property
owners, builders, and developers? Instead of the Town getting into the building
business with an authority, would it not be better to cooperate with the private sector,
while at the same time maintaining control through regulations designed to accomplish
the kind and amount of housing we want for Southold? Our own "controlled" housing
commission would have as its purpose to provide a list of guidelines whereby property
owners, builders, and developers might apply to produce housing under an affordable
housing program. These guidelines would consist of restrictions and options so
designed as to make it possible to build housing units at a lower cost. In addition,
were subsidies needed for some citizens, it would be this commission's task to apply
to any of a number of agencies (I refer you to Mrs. Bessie Swann's report to our
commi~ttee on "Housing Subsidy Resources") including local ~inan~ial institutions.
"There are problems, the same ones over and over again--how to control specui
tion, how to "guarantee" that the housing will be affordable. In my opinion, we d(l
not need to resort to the broad'ranging power of ....
a Hous.ng Authority to solve these
problems until we have tried our own solution; namely, Committee Recommendation A
of the July 30th report and which I have proposed to fleash out for you within the
90 days, and a "home rule" housing agency."
11:20 A.M. - John B. Tuthill met with the Board to discuss his proposed grant of
scenic and conservation easement at Orient (see resolution No. 35).--Mr. Tuthill
also discussed his opposition to five acre zoning in Orient, as proposed in the master
plan update. The Board advised that they had reviewed this several times during
their map reviews and considered Mr. Tuthill's suggestion for 1000 ft. contour line,
but decided ~o leave the five acre zoning until the hamlet meetings.
ll:40 A.M. - John A. Costello spoke to the Board with respect to his Draft
Environmental Impact Statement relative to his change of zone petition for his property
at Greenport. Mr. Costello questioned the need for a public hearin9 on his Draft
whereas there has been ~no public comment on it, which would be a reason for a hear-
ing. The Board agreed and placed resolutions No. 2?(a]-decision on the draft, and
No. 27[bi-decision on the change of zone petition, on the agenda.
EXECUTIVE SESSION
11:55 A.M. - Community Development Director James C. McMahon met with the Board
to discuss personnel matters.
12:20 P.M. - Recess for lunch.
2:00 P.M. - Work Session reconvened and the Board completed the audit of outstanding
vouchers.
2:20 P.M. - Robert D. Pike, Esq., representing The Kenney's Beach Association,
:(two members of the Association were in the audience) met with the Board to present
a prepared document entitled "The Failure of Goldsmith Jetty & An Analysis of the
Proposed Solution". Mr. Pike reviewed the history of the Goldsmith Jetty, what he
considers the inequity in impact on the people, and the Town's responsibility. He
asserted that the ietty was an "experimental solution to a perceived problem in the
area", which was a failure. He proposes a solution to the problem through the
creation of a gap in the ietty, known as a "weir", to reestablish the eastward trans-
port of beach sand to affected properties to the east in such a manner as not to
threaten the property rights of owners of parcels to the west. The Association has
retained the services of Coastal Specialist Peter Sanko who conducted a study and
proposed the compromise solution. Mr. Pike stated that it is possible the removal
of the stones to create the weir would be of no cost to the Town due to the value
of the stones to a contractor. If the Town were to bear the entire cost of such a
project he estimates the maximum would be $40,000. The Board accepted Mr. Pike's
report for further consideration and study.
3:10 P.M. - The Board reviewed proposed resolutions for the regular meeting agenda.
3:45 P.M. - Recess.
4:25 P.M. -The Southold Town Board and Greenport Village Board, with members of
SEACOM in the a~ met with Wallace L. Duncan who is conducting a legal
feasibility for the Town for the possible establishment of an electric utility district.
(Present: Town Board members Murphy, Townsend, Edwards, Stoutenburgh, Cochran,
Town Attorney Tasker, Town Clerk Terry. Village Board members Hubbard, Cooper,
Horton, Village Clerk Cook, Superintendent of Utilities Monsell.) The main objective
of this meeting was to determine how the Village of Greenport feels about the possible
establishment of a district and whether they wish to be included. Mr. Duncan said
the possible proposal contains three segments: the Town, the Village which has its
own utility.company wLth an allocation of hydropower and a contract with LILCO for' -
tranmission, and Fishers Island who has a private investor owned facility and who is
willing to sell to a public system (but will require separate negotiations and separate
wheeling agreements). Mr. Duncan recommended that the most feasible and practical
way of proceeding is to form a utility district town-wide. He said the recommended
way for the town to proceed would-be to acquire the LILCO distribution system within
the Town itself, form a utility board for the Town, exclusive of the Village, and
contract with the Village to run the system, exclusive of Fishers Island--who should
halve an independent management contract to run their facility. The proposed
referendum for the acquisition of the LILCO facilities should include the right
to condemn, the maximum and estimated cost to establish the system (25 million)
and specifically require the Town to set up a municipal electric board consisting
of five members. Mayor Hubbard expressed questioned what advantage the Village
would have in being included in the district, to which Mr. Duncan replied that
with the larger size of:the district economically it wouldl be more practical, however,
the primary advantage would be to the Town. Trustee Cooper questioned whether
the Village, if in a management position, would be entitled to earn a profit, to which
Mr. Duncan replied they are entitled to a rate of return. The question of the
obligation of the Village to share it~ the cost of the establishment of the district was
raised by Trustee Horton, and Mr. Duncan stated that general obligation bonds would
be issued and the Village would share in their repayment. Trustee Horton also asked
what would happen if the Village did not participate, and Mr. Duncan stated the Town
would be required to purchase its own equipment, establish its own electric board and
completely manage the operation itself.---Mr. Duncan addressed the methods used by
PASNY for allocation of hydropower, system of distribution, and court cases which
are pending, many of which he is involved in. Former Assemblyman George J.
Hochbrueckner, who arrived late at this meeting, made suggestions for future
negotiations with LILCO. He also informed those present of pending State legis-
lation, and the goals of the Citizens Against LILCO. He further stated he would
recommend placing in the by-taws for this organization, a hold harmless clause to
cover municipal electric districts that have already been established, such as the
Village of Greenport, Freeport, Rockville Centre.
6:15 P.M. - Work Session adjourned.
REGULAR MEETING
7:30 P.M.
A Regular Meetin9 of the Southold Town Board was held .on Tuesday, December
3, 1985 at the Southold Town Hall, Main Road, Southold, New York. Supervisor
Murphy opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag.
Present:
Supervisor Francis J. Murphy
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: The first order I'd like a resolution approving the audit
of the bills of the December 3rd work session.
Moved by Councilman Townsend, seconded by Justice Edwards, it was
RESOLVED that the folloWinq audited bills be and hereby are ordered paid: General
Fund Whole Town bills in the amount of $21,108.58; General Fund Part Town bills in
the amount of $4,512.21; Highway Department bills in the amount of $10,204.08; Fishers
Island Ferry District bills in the amount of $32,660.06; Elizabeth Field Airport Grant
bills in the amount of $3,147.71.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: At this time I'd like another resolution approving the minutes
of the November 19th, 1985 Regular Board meeting.
Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was
RESOLVED that the minutes of the Regular Southold Town Board Meetin9 held on
November 19, 1985, be and'hereby are approved.
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: And we'd like a resolution setting the next meeting date
as December 17th, 1985, 3:00 P.M., Southold Town Hall.
Moved by Justice Edwards, seconded by Councilman Townsend, it was
RESOLVED that the next Regular Meetin9 of the Southold Town Board will be held
at 7:30 P.M., Tuesday, December 17, 1985 at the Southotd Town Hall, Main Road,
Southold, New York.
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: At this time we'll go to a very special part of the meeting.~?t,~.,
One that people of Southold are very proud of. A special proclamation issued to
the Southold High School Soccer Team. It's getting to be quite a habit here, and
you guys are dominating and in fact I'm even surprised that you're beating Mattituck
all the time. You've done very well. We're very proud of you and you deserve a
lot of credit. You're Coach Bob and the whole administration, school board, teachers,
everybody, and your parents. We're very proud. You boys have done an excellent
job and I hope that you keep up the good work really in the future, whoever goes
on to college, whatever youfre doing, that you do this with the same determination
and I hope the same degree of success. So at this time I'd like to read the special
proclamation. We'll present it to the captain of the team and We'll have pictures
taken and I'd like to ask Bob then to introduce all the members.
Moved by Supervisor Murphy, seconded by the Entire Town Board,
WHEREAS, the SOUTHOLD HIGH SCHOOL VARSITY SOCCER TEAM has achieved a
high standard ot recognition in wiqniO9.~, ...... i.:.. :~i~.~.!he -:NE%~, YORK STATE CLASS D SOCCER
CHAMPIONSHIP for 1985, and
WHEREAS, the award ot this coveted championship is an example of the spirit,
dedication, team work and sportsmanship of th'e SOUTHOLD HIGH SCHOOL VARSITY
SOCCER TEAM, and
WHEREAS, the skills and dedication of Coach Robert Feger has guided the Soccer
Team to this outstanding accomplishment, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold wishes to proudly
recognize and congratulate the SOUTHOLD SETTLERS VARSITY SOCCER TEAM
for winning the NEW YORK STATE CLASS D SOCCER CHAMPIONSHIP for 1985,
Steve Amiaga
Doug Arm
Bill Birkmier
Erik Boergesson
Doug Arm
Charles Conway
Managers
representin9 their sixth Class D Championship in seven years.
1985 VARSITY SOCCER TEAM ROSTER
Jack Gallagher
William Geyer
Tim Grattan
Tom Grattan
Scott Hilary
John Longworth
Score Keeper
Kelly Corwin
Tommy Maiorana
Stewart Ross
Vote of the Town Board:
Greg O'Brien
Kevin Santacroce
Mike Sims
Glenn Stepnowski
Carl Stepnowsky
Tom Storm
Shawn Kolonkowski
Timekeeper
Mr. Richard Pierson
Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Congratulations, boys, you deserve an awful lot of credit
and I'd like to give this to the captains (3). Bob, would you want to introduce the
boys? Do you boys have anything to say? (Nothing.)
BOB FEGER: i'd just like to thank everybody, l'd like to say that we're not
surprised we won. We've got a few people missing. A couple of people had studies
and tests to do. Doug Bro,wn and Steve Amiaga are up with the Ali-State Chorus,
up in Buffalo, so they couldn't be here tonight. We have Kevin Santacroce and
Greg O'Bri~r~-wh0-are'~wo of this years captains. We've got Scott Hilary, Carl
Stepnowsky, Glenn Stepnowski, Charlie Conway, Erik Boergesson, Tom Grattan,
Billy ,Geyer, Shawn Kolonkowski, Tim Grattan, Doug Arm, Mike Sims, Coach Maiorana
who is really was a tremendous help to all of us, not only this year, but who had
a tremendous part in training these people, who was working with them long before
I got here, and one our other most valuable people, Brendan Maiorana, who was the
ball boy this term. Everybody participates. And I'd just like to thank all these
fellows. It was a year that I'll always remember and I'd like to thank the Town of
Southold for recognizing us once again. Thank you very much.
SUPERVISOR MURPHY: Again, Coach, thank you very much. You boys are welcome
to stay for the Regular Town Board Meeting. We'd be glad to have you and hopefully
you'll learn something and the leadership qualities that you boys have shown already,
maybe you'll join the Democratic Party here in Southold Town.
COUNCILWOMAN COCHRAN: Watch it.
COUNCILMAN SCHONDEBARE: Do we impeach him now or wait for impeachment later?
(The team decided to leave.)
COUNCILMAN SCHONDEBARE: So much for the Democratic Party.
SUPERVISOR MURPHY: See why we lost, Bob? ..... Okay, moving on to the first
item on the first item on the agenda are the monthly reports.
I. REPORTS.
SUPERVISOR MURPHY: I would like to remind everybody that these are on file
in the Town Clerk's Office for anyone who would like to read them.
1. Town Justice Price- monthly report - October 1985.
2. Supervisor's monthly report - November 1985.
3. Szepatowski Associates Progress Report - month of November 1985.
4. Town Clerk's monthly report - November 1985.
5. Building Department's monthly report - November 1985.
6. Town Trustees - monthly report - November 1985.
7. Councilmen's reports. I'll start on my right with Jay.
COUNCILMAN SCHONDEBARE: Thank you, Frank. The Economic Advisory
Council met for the first time. They meet again, I think, this coming Thursday.
They were very gung-ho. I frankly thought we'd just get together, say hello to
everybody, shake hands and pick another date, but the next thing I knew they
started talking about this project and that project and every other project. So
they seem very optomistic, very enthusiastic, and I expect to see great results
from that group. It's open to the public. It's published as to when they're meet-
184
DECEMBER 3, 1985
ing and check it out and if you like please come on down and take a look and see
how it's all working out. I'll stop by from time to time, but they're on their own
basically. They seem like very, very enthusiastic on it.
SUPERVISOR MURPHY: Very good. I think they're very good members.
COUNCILMAN SCHONDEBARE: Oh, absolutely. The resumes were absolutely
fantastic and we're very, very pleased, Actually we thought we should have
gone to seven members rather than a five member, but we'll stay with the five
members. One other thing that ! think we got involved in, we've got a Code
Committee meeting coming up this COming Friday. It's at 5:00 o'clock in the after-
noon. It's going to discuss the Code. We're talking about the LB's, Limited
Business, and perhaps we can expand upon some of the uses that are allowed In i
an LB. The Town Board as a wl~Ole has' been discussing it. Also we'll be talkincl i
about the famous foundation' surveys and we're going to see if we can either dele~~,~`
it, amend it, or do something with that particular section of the Code, and I think
there are three or four other things on the agenda. So that should be a busy
meeting. It's Friday, at 5:00 o'clock. I think the notices have already gone out,
haven't they Judy?
TOWN CLERK TERRY: Yes.
COUNCILMAN SCHONDEBARE: Thank you, Frank.
SUPERVISOR MURPHY: Joe?
COUNCILMAN TOWNSEND: I caught the tail end of the Economic Advisory Committee
meeting and was also impressed with the approach of the members. I think it's going
to be a combination academic' and common sense approach to what we need out here;
The reason i didn't make more of that meeting was I was attending a Landmarks
Preservation meeting earlier. They report that the survey of historic landmarks in
the Town is proceeding pretty well. Barbara VanLeuw is doing i.t for the Long
island Society for the Preservation of Antiquities I think is the ~ull' name, and that's
part of the grant that we got a couple of months ago. Meanwhile some of our members
have been going to some of the older houses and analyzing the origins and it's a very
interesting process to see how they perform this detective work. They actually
look at every aspect of the house from the foundation to the roof members and
look at things like the fireplaces and see if faces on the stones have been turned
or what has been changed and they can pretty well come up with a real
of the history of any dwelling and it's like a ~ystery--to ~e it's very fascin~,~ng.~-
The Farmland Preservation will be having a meeting coming up shortly--i think it's
the 15th, to discuss where they go from here, because if you recall we had an item
on the agenda last Board meeting which started the final step with the Town program
for the properties that we've looked at. I suspect we'll be talking about just how to
encourage Suffolk County now to pick up the other properties. That's all ! have.
SUPERVISOR MURPHY: Thank you, Joe. Paul?
COUNCILMAN STOUTENBURGH: Yes, thank you, Frank. Monday, the 2$th, !
went to Hauppauge and sat in on Senator LaValle's meeting on takin9 over I_ILCO---
Nassau and Suffolk County taking over LILCO. We had the President of LILCO there
who drew a very glum picture for anyone who might think about doing this and then
as soon as he left the room there was a change and we had Richard Kessler, who. is
the Consumer Commissioner of Suffolk County, who's an advocate of taking over LILCC
and he told all the good sides of it. One of the things he did warn about was this
loss of taxes, which I brought up at our working session, which is a real problem
and sometimes special care must be taken when we take over a municipality that's
paying taxes. We also found that people who had been there testifed and had gone
up to see--up into Canada, up to the hydroplants, and the opinion was that there
will be power available--not all of it, but there will be power available should Suffolk
County take over, or in our own case our Town take over. So I thought it was kind
f · . ~
of nice to be reassured, because we hear pros and cons o this all the time. Mur if
Barbash was there, and if any one who knows, who's in the budding business, kr~ ils
Murray Barbash is a big builder in the west end and he and his people have workL.,,J~
on this idea, because being a builder they consume tremendous amounts of electricity,
and they are working on a plan very similar to the one that the legislature--the State
Legislature is working on, whereby the County will take over LILCO by buying 51%
of the stock. This being a way of captivating control without actually buying all
the assets, and this seems to be the way the State is going, and as we heard today,
that's one of the ways we're doing. Also on the 26th I went to an interesting meeting
in Riverhead, and I wish some of you had been there. It was on the ashfill site
selection, and I went to the Town Hall, where the meeting was supposed to be, and
they didn't have it there, they had moved it to the school, the Reilly School, I think
it was, and that school, by the way, has one of the largest auditoriums you can
imagine. I couldn't get into the auditorium. Finaliy I was lead through by someone
and I sat in the aisle. The people were out in the audience and were up in arms
against anybody using their town as an area where the ash from incineration would
be put from Nassau and Suffolk County. As you know there was a selection committe~
DECEMBER 3, 1985 1 8 5
set up and they selected three p~a~e~,[~ha.r~k. Moriches and Speonk, and I'll tell
you those people were out in arrest' ~'~'~'h'ired their own buses, they brought people
in, and basically what they were saying is: you make the problem, you take care of
the problem. Don't put it in our backyard. And they had a pretty good argument.
They said: here we were, just like our own Town right here, we go ahead and zone
for two acres, we take care of our water, we have open space, and because of this
we're the only area that's big enough to take this ashfill, and they thought it was
wrong' and I think most people there and I'm sure the DEC got the message. What
will ever happen with that I'm not quite sure, because they went back. I stayed
until quarter to twelve. The meeting started at eight. At quarter to twelve they
still had a stack that high to go of people speaking. At two-thirty in the morning
they were still going. So you can see the tremendous resentment about this whole
idea, and this is one of the problems we're working ourselves into I think. We don't
realize it. It's simple to say, well, we'll just select a site, or we'll do this or do
that. When you start taking in people's property and utilizing their backyard, boy
there's some scream that goes up. But I wish everyone could have been there. You
would have seen democracy in action for sure. I also sat in on the Housinq Informa-
tion meetin9 where we had Bob Villa and Randy Parsons from East Hampton. Found
it a very interesting meeting. I got a better view of accessory apartments, and I got
a better view of housing authority and things Of this sort. I came away with the
feeling that the housing authority should be possibly maybe the last thing we would
tackle. We can probably do it better in our Town Board. Bob Villa, I might say,
came out again strongly for the idea of having the Suffolk County Water Authority
move into our Town. He felt that they could do a better job then maybe the systems
that we've been using, or talking about in our Water Advisory Committee. So basically
these are good meetings, exciting meetings, and I had a good week.
SUPERVISOR MURPHY: Thank you. Jean?
COUNCILWOMAN COCHRAN: Paul did just report to you on our meeting with
Randy Parsons of East Hampton. I would just like to add that I think he shared
enough information with us that it gave us a little thought to further consider the
ramifications of forming a town-wide housing authority, and it is my opinion that
if the town government can do it without forming such an authority, that we certainly
should investigate this direction. Also in relation to the Commerce and Industry, I'm
very pleased that the Board this evening will be accepting the bid for the building
of the chamber of commerce buildin9 up in Laurel this evening. I understand the
stakes were put in yesterday and that the excavation was supposed to begin today.
I'm going to take a ride up first thing in the morning and check and see if there's
a hole in the ground. I would like to add one thing and it's my hope that once this
building is complete that the Town will consider placin9 a sign in that area, appropriate
to our sign ordinances, that does state that Southold Town is the home of New York
State Soccer Champs, or any other youth championships that have been won through
the schools as far as activities, so there is a visual notice at the entrance of the
Town that the Town does care and are concerned about our youth and are proud of
the accomplishments that they do put forth, so this is something in the future that
I'd like to see the Town do. That's it, Frank.
SUPERVISOR MURPHY: Thank you, Jean. Ray?
JUSTICE EDWARDS: It was a very busy weekend on the Island with the summer
people coming back for their final fall fling, although the weather didn't cooperate.
Thank God for the new ferryboat. It was jammed most of the trips and they opened
up the airport over there for the traffic on the weekend. They're repavin9 the
airport. It's been closed down most of the time during the week on and off. I can
say that the repaving is just about completed and I believe they're going over tomorrow
to check it for the acceptance. This morning during the Work Session I passed out a
letter to the Town Board and to Ray Dean in Highway and we hope to 9et some action
on Fishers Island to some extremely serious drainage problems that really showed up
this past weekend. Although they've been there all along, but the people got a chance
to see what these problems are and I believe Ray Dean is going over to the Island--
Ray Jacobs is going over to the Isl.and tomorrow to initiate some work or do some
planning on this and we hope to get that started before the frost comes in. Last
evening my cousin Ken and I flew over there. Kenny had a Planning Board meeting.
We flew in at 2:30, ri9ht in the middle of that wind storm. We got into Mattituck
fine--wish they could have tipped the runway a little more into the wind, but yester-
day late afternoon the ferry coming from New London to Fishers Island got as far as
the island, made two passes at the slip and could not get into Silver Eel and went
back to New London. Stranded about 75 workers on Fishers Island and probably
25 or 30 Island residents over in New London. So, again, thank God for aviation.
i think Yankee Airways flew 40 people back and forth between Fishers and the main-
land and the mainland back to Fishers again. So it was rough. I don't know what
the Sound is like out there today, but it was extremely rough yesterday. For now,
thank you, Frank.
SUPERVISOR MURPHY: Thank you, Ray. Ali I can say is when Bob and I went
over it was very nice the day before. It was quite pleasant. Quite a bit is going
on with the Town Board and as you could see everybody's been very active.
186
l{a).
DECEMBER 3, 1985
glad to see--I think we're making some progress in the field of housin9 and just to
go a little on what Paul was talking about on the ashfill land site, I spoke to Harold
Berger, who's the Regional Director of the DEC, the next morning and he was a beat
man.
COUNCILMAN STOUTENBURGH: He should have been.
SUPERVISOR MURPHY: He had a terrible time. He never realized that, I think,
people's feelings could run as strong as they did and I said, "You should come out
here to our Town sometimes on some items also." I think he realizes, and hit him
at a very good time. We have a meetin9 with the DEC tomorrow and some enqineers
on a different and unique approach to not to burn garbage. A new type of system.
We're looking for approval. We have some engineers coming up. We have some soiI~,,
scientists, ag scientists from Rutgers. Wl~'re not connected with the firm at all, bLi,
it's a new process, one that we had gone down to Texas to see this summer--Rodn~?
DouglaSs, myself and an engineer went down and we were quite impressed with it,
and from the initial talk with Harold Berger and his solid waste people they seem to
be very impressed and tomorrow we're going to have a very important meeting with
them to present the whole engineering overview and study on this to see if indeed
it fits into Long Island's Landfill Law. Looks like it does. It's resource recovery
in its finest way, because we're ending up with a product that will help maintain
the agricultural industry out here on Long Island.
II. REPORTS.
SUPERVISOR MURPHY: Moving on to the---
MR. WILLIAM BEHR: Excuse me, Mr. Supervisor. May I address myself to the
Committee reports?
SUPERVISOR MURI~HY: Why don't we do it after.
MR. BEHR: I just want to address- myself to it.
SUPERVISOR MURPHY: We usually hold off comments until the end, all right?
From the public, okay? Thank you.
SUPERVISOR MURPHY: Moving on-to the second item on your agendais Public
NotiCes. There are three of them.
1. Corps of Engineers, notice of an application of Reydon Shores Property ....
Owners Association, Inc. to replace a bulkhead, dredge, backfill. Written comments
by December 16th. This is posted on the Town Clerk's Bulletin Board.
2. Notice from Griswold-Terr¥-Glover Post, in Southold, holding a Pearl Harbor
Day Memorial Service on Saturday the 7th of December at 10:30 A.M. All people in
the Town are invited. It's at the Southold post here. As well as all Board members.
3. New York State Department of Environmental Conservation, Notice of Complete
Application of Mohrin9 Enterprises, Inc. to subdivide a parcel into four residential
building lots. Written comments by 12/20/85.
!11. COMMUNICATIONS.
SUPERVISOR MURPHY: There were two communications under item III. 1. Cedar Beach Park Association Inc. concerning dredging.
2. One from Linton Duell, The Country Store in Orient, thankinq the Police
Department for the fine service provided on Halloween. We had a very quite
Halloween observance in the Town, thank heavens. We didn't have any of the fires
that we anticipated we might have had with the huge piles of brush that was still
left from the storm around.
Okay, it's after 8:00, so Pd like a resolution to recess to have the public
hearing.
Moved by Councilman Townsend, seconded by Councilman Schondebare, it was ~-~
RESOLVED that a recess be called at this time, 8:00 P.M. for the purpose of holdinl ~1
a public hearin9 o~ ~ 'Draft Environmental Impa-~ St~ent Submitted by En-
Consultants, Inc., on behalf of Matt-A-Mar Marina, with respect to their Wetlands
Application.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
Meeting reconvened at 8:35 P.M.
V. RESOLUTIONS.
SUPERVISOR MURPHY: We will reopen this meeting and move on to item number V
on our agenda, Resolutions. The first one.
Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State
DECEMBER 3, 1985 I 8 7
Environmental Quality Review and.6N)fCRR'Part 617, Section 617.10 and Chapter 44
of the Code of the Town of Sout~i~e~'i:s hereby given that the Southold Town
Board, as lead agency for the action described below, has determined that the proiect,
which is unlistedr will not have a significant effect on the environment.
Description of Action: Proposed Local Law entitled, "A Local Law in relation to
Accessory Apartments in existinc~ dwellings."
The proposal has been determined not to have a significant effect on the environ-
ment because an environmental assessment has been completed which indicated that no
significant adverse effect to the environment is likely to occur should the project be
implemented as planned, and because there has been no response in the allotted time
from the New York State Department of Environmental Conservation, therefore, it is
assumed that there are no objections nor comments from that agency.
SUPERVISOR MURPHY: Any comments?
COUNCILMAN SCHONDEBARE: Yes, I have a comment. We did this two weeks ago,
did we not?
SUPERVISOR MURPHY: Yes.
COUNCILMAN SCHONDEBARE: And two weeks ago the Board split three to three.
And is there any reason to believe that tonight someone's going to switch their
vote.
SUPERVISOR MURPHY: Yes. Yes, we had a meetin9 with East Hampton. We
discussed their acceSsory apartment and if they had any problems that were
voiced as far as going into Nassau Point, as an example, and ruinin9 a neighborhood
like that and they had absolutely none.
COUNCILMAN TOWNSEND: This is an environmental assessment. We don't even
know was East Hampton's accessory apartment law reads. Nobody brought the East
Hampton accessory apartment law to that meeting, it was my understanding. Now I
wasn't there, but asking you this morning if it was identical to the one that we are
proposing, I heard that nobody even read it, so I don't know how you can say on
the basis of a discussion about a law that we don't even know, we're going to go
ahead and say this has no environmental impact. All we have on record is a letter
from the Health Department saying that they do not approve of it because it doesn't
offer them review of the increased usage. The only other thing that came in was
some other reservations that the Planning Board had as to site plan review, which
they don't have under this particular plan, so my vote is going-to stay the same on
this.
COUNCILMAN SCHONDEBARE: I was going to say, I take it your vote hasn't changed?
COUNCILMAN TOWNSEND: No.
COUNCILWOMAN COCHRAN: Neither has mine. East Hampton--Mr. Parsons did state
that they had no problems~ but they also had no applications, and he said the only
place that they have accessory apartments, which seem to work, is over businesses,
and of course we'll be getting into that in the future. My vote will stay the same, no.
COUNCILMAN STOUTENBURGH: My vote will change for the simple reason that I
believe that I based my negative vote on the fact that we would be flooded with these
and I would surely think if there was going to be a place--another town that would
be similar to Southold, East Hampton would be it, and I feel that they did not have
a flood of applications and ~herefore there would not be the significant environmental
effect as ! thought there would be and therefore I will vote yes.
COUNCILMAN TOWNSEND: But you don't know what their law says, Paul.
COUNCILMAN STOUTENBURGH: They didn't have any applications, therefore, no
matter what it was they didn't have an application.
COUNCILMAN TOWNSEND: Maybe their law reads in such a way that maybe it's so
stringent environmentally that they wouldn't have the applications.
SUPERVISOR MURPHY: I said before, if the Town Board wants to do something for
affordable housing, they'll do it. If they don't want---
COUNCILMAN TOWNSEND: I said before this isn't it.
SUPERVISOR MURPHY: Okay. Any other questions? (No response.)
l(a).-Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh,
Justice Edwards, Supervisor Murphy. Noes: Councilwoman Cochran, Councilman
Townsend.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, at this time l'd like to offer l(b) to set a public
hearing.
l(b). Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 8:00 P.M.,
Tuesday, January 7, 1986, Southold Town Hall, Main Road, Southold, New York
as time and place for a public hearinq on a proposed Local Law entitled, "A Local
Law in relation to Accessory Apartments in existing dwellinqs", which reads as
follows, to wit:
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 (Definiti0ns)'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, subiect
to the following requirements:
(a) The accessory apartment shall be located in the principal building.
(b)
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 al~artment 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 ~h~ll 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-~3 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 until a new owner shall occupy the
balance of the dwelling or one (1) year from date of said demise,
whichever shall first occur.
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, 1984.
(n)
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.
(o)
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.
DECEMBER 3, 1985
189
II. This Local Law shall take effe~[~]~i~ filing with the Secretary of State.
l(b).-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
COUNCILMAN SCHONDEBARE: For those of you who didn't like what we just passed,
we have a public hearing coming up and if they come out with a hew and cry at the
public hearing then we'll know that we did it wrong.
SUPERVISOR MURPHY: Resolution number 2 is to appoint deputy fire coordinators.
Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby recommends to the
Director of Fire Safety for the County of Suffolk that the following individuals serve
as Deputy Fire Coordinators within the Town of Southold for the 1986-1987 calendar
year:
8-0-1
8-0-2
8-0-3
8-0-4
8-0-5
William Coulter - Greenport
Leander Glover, Jr. - Cutchogue
George Lessard - Mattituck
David Dennison- Fishers Island
A. John Gada, Jr. - Fishers Island
AND BE IT FURTHER RESOLVED that the Board recommends John Harrison as the
Fire, Rescue and Emerqency Services Representative; Jerry Diffley as the Suffolk
County EMS Representative; and Leander Glover, Jr. and Richard A. Hulse as the
Hazardous Materials Task Force Representatives.
-Vote .of the Town Boa rd: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 3 is to hire Southampton Drainage Corporation to
construct the area flood-lighting for the "Lakeside Garden Apartments Housing
Project, Greenport."
Moved by Supervisor Murphy, seconded by Councilman Schondebare,' it was
RESOLVED that the Town Board of the Town of Southold hereby engages the
services of Southampon Drainaqe Corporation to construct the area flood-liqhting
for the "Lakeside Garden Apartments Housin9 Project, Greenport, New York", at
a total cost of $1,695.00 from Community Development Year 10 Contingencies Account.
SUPERVISOR MURPHY: This is under a previous a previous bid that had been
submitted to the Town.
-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, Jean, would you like to accept the bid?
Moved by Councilwoman Cochran, seconded by Supervisor Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of J. R. Home Improvements, 36 South Street, Greenport, for the construction of
the "Laurel Lake Recreation/Chamber of Commerce Project" buildin9 on the north
side of Route 25, Laurel, New York, at a total cost of $21,825.00, all in accordance
with the bid specifications, and be it further
RESOLVED that Supervisor Francis J. Murphy be and he hereby is authorized and
directed to execute a contract between the Town of Southold and J. R. Home Imprve-
ments to accomplish the aforesaid proiect.
COUNCILMAN STOUTENBURGH: It might be interesting to note that these bids
ran very close: $21,825.00, $21,888.00--only maybe $50.00 apart, $23,707.00,
$24,473.00, $25,400.00, and $27,500.00.
SUPERVISOR MURPHY: Very close bids. This is for a Chamber building on the
west 'end of Town down by property that we own by Laurel Lake and we've been
trying to get it moving for some time. Any other questions on it? (No response.)
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.
COUNCILMAN STOUTENBURGH: It's interesting, as the bids got higher you went
to the west.
SUPERVISOR MURPHY: Number 5 is to accept another bid for home hearing oil.
5. Moved by Councilman Schondebare, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
190
DECEMBER 3, 1985
of Agway Energy Products for supplyin9 the Town with Heating Fuel Oil for the
1986 calendar year at .0325 cents per gallon over the Northville.Tank Car Consumer
Rack Price - lowest rack price within five (5) days of each delivery.
SUPERVISOR. MURPHY: Any questions? (No response.)
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 to accept a bid for diesel fuel.
Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of Agway Energy Products for supplyin9 the Town with Diesel Fuel for the Hi,ch-
way Department and Disposal Area for the 1986 calendar year at .0325 cents p'~r
gallon over the Northvilie Tank Car Consumer Rack Price - lowest rack price
within five (5) days of each delivery.
COUNCILMAN SCHONDEBARE: I have to ask the question: what is the Northville
Tank Car Consumer Rack Price - lowest rack price within five days of each delivery?
You know what that is, don't you Fr, ank? What is it?
SUPERVISOR MURPHY: This is a market price that's established that they run
their prices on all the time. Depends on many, many factors. And they're adding
their three cents, .0325 cents, per gallon for the service of delivery.
COUNCILMAN SCHONDEBARE: Over and above what Northville has listed?
SUPERVISOR MURPHY: Whatever they get charged.
COUNCILMAN TOWNSEND: That's what we're bidding on, the delivery charge.
SUPERVISOR MURPHY: That's the only way you could do municipal bidding, because
the fuel prices fluxuate up and down all the time.
COUNCILMAN SCHONDEBARE: So it's geared into that then?
SUPERVISOR MURPHY: Yes.
TOWN CLERK TERRY: They call Northville-to determine the rack price.
JUSTICE EDWARDS: Also it's published in the Journal of Commerce. This is a
daily publication that comes out and it has the rack price in there every day.
COUNCILMAN STOUTENBURGH: And if you watch the television tonight you saw
how gasoline prices were being used by the mafia. I don't know if any of you saw
that. It's kind of an interesting thing. Look it up when you get home. The most
fantastic thing, how they're beating the taxes on gasoline.
'COUNCILMAN SCHONDEBARE: How are they doing that, Paul? Save the Town
some money ?
COUNCILMAN STOUTENBURGH: The point is what we're talking about is .0325
or something, but all those little things add up and it's a billion dollar racket.
SUPERVISOR MURPHY: Buying and selling on the market. Okay, Judy, how about
the vote. We've discussed the fuel' market.
COUNCILMAN STOUTENBURGH: We've got to make this a little interesting.
6.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, l
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Mur~
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 7 is to accept the bid for gasoline.
7. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of Agway Energy Products for supplyin9 the Town with Gasoline for the 1986
calendar year at .0325 cents per gallon over the Northville Tank Car Consumer
Rack Price - lowest rack price within five ($) days of each delivery.
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 to accept the bid for scrap paper. And there
is no rack prices here, but somebody might want to play the numbers.
Moved by Justice Edwards, second~'~?~'~'~ ' '
Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of
B. P. Wreckers, Ltd. for the purchase and removal of all scrap paper from the
Southold Town Landfill Site for the 1986 calendar year at the bid price of $777.77.
COUNCILMAN TOWNSEND: Could we have a little discussion on this one? Do you
think it would be possible to put a release in here that if the Town wanted to
escape from this--not go to another retail outfit, but if the Town wanted to take
it from the Landfill Site itself we could do it? Is Bob down there? Would that be--
TOWN ATTORNEY TASKER: I don't understand what you're talking about.
COUNCILMAN TOWNSEND: Well i'm saying that paper at some point might become a
commodity you want to keep in the Landfill. We might want to sell it ourselves or
do something else with it. Is it possible---
TOWN ATTORNEY TASKER: We have tussled with this over the years and what
happens is the Town's responsibility is, and it's desire is to get rid of its paper,
to get it out of the Landfill. Now, what we have is we have a fluxuating market.
Sometimes no one will take it. You have to pay people to take it away. Other
times when the market is up they will buy it. And so the question is: what are
you going to do? Do you want to go out to bid every month? Do you want to sit
up there and advertise or put advertisements in the paper every week? And so
what we did is we iust advertise on an annual basis and the bidders have to take
a gamble that sometimes the price of paper will be up and they'll make money and
other parts of the year the prices may be down and they may lose money. Now
it's a competitive bid and this is about what they think the paper is worth next
year taking it out of that Landfill. I don't know of any other way you're going
to get rid of it, Joe.
COUNCILMAN TOWNSEND:
TOWN ATTORNEY TASKER:
COUNClLM~N TOWNSEND:
TOWN ATTORNEY TASKER:
COUNCILMAN TOWNSEND~..
Yes. Well, I was just---
Sometimes we can't give it away.
Sometimes. And I will say that the same bidder---
And when it's valuable everyone wants it.
The same bidder did a pretty good job last year in
terms of removing it and the money we get is not a great sum, but it is something.
This was about less than half of what we got last year, and I can't believe that
he didn't make money on it last year.
TOWN ATTORNEY TASKER:
COUNCILMAN TOWNSEND:
TOWN ATTORNEY TASKER:
Is that Schelin?
B. P. Wreckers.
This is for paper?
COUNCILMAN TOWNSEND: Yes. On the other one we had a problem because the
guy was not removing it from the Landfill. He gave us the money, but then he
didn't remove the stuff and we had a tremendous amount of debris around.
TOWN ATTORNEY TASKER: it's a problem. It's a problem when you're trying to
get rid of materials in your Landfill when there is no market.
COUNCILMAN TOWNSEND: Let it stand.
COUNCILMAN SCHONDEBARE: They're the only bidders. Nobody else bids.
TOWN ATTORNEY TASKER: If it was worth something we'd get a better bid.
it isn't.
But
COUNCILMAN TOWNSEND: My question was: if we could just put an escape clause
in there, but I guess you can't because ....
TOWN ATTORNEY TASKER: What will happen is you won't get any bid and you'll
just have to deal with it on a monthly or weekly basis to get rid of it yourself.
At least what this does is it gets it out of there.
SUPERVISOR MURPHY: Some of it. Some of it blows out.
8.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Coupcilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 9 is to accept a bid for the removal of scrap metal.
9. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of
North Fork Sanitation Service for the purchase and removal of all scrap metal from
the Southold Town Landfill Site for the 1986 calendar year at the bid price of $3,300.00.
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 authorize the partial funding of a bus trip.
10.
Moved by Councilwoman Cochran, seconded by Supervisor Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby 9rants permission
to The Seniors Club of South01d-Peconic, Inc. to engage one bus, at a cost of $250.
to the Town, to transport their group on November 21, 1985 to the South Shore of
Suffolk County for a guided tour of the points of interest.
SUPERVISOR MURPHY: Any questions on it? (No response.) Better not be, they
went already.
COUNCILWOMAN COCHRAN: I noticed that.
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.
SUPERVISOR MURPHY: Number 11 is to authorize another bus trip that's going
tomo r row.
11.
Moved by Councilwoman Cochran, seconded by Supervisor Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby 9rants permission
to The Seniors Club of Southold-Peconic, Inc. to engage one bus, at a cost of $236.00
to the Town, to transport their group on December 4, 1985 to New York City to see
the Rockefeller Center Christmas tree and the Christmas decorations of the 5th Avenue
stores.
SUPERVISOR MURPHY: Any questions? (No response.)
11.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, f
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murp~L ,~
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 12 is to authorize the execution of an agreement.
12. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis J. Murphy to execute an agreement between the County
of Suffolk, Office for the Aging, and the Town for an amendment to the 1985/1986
Senior Day Care Program, in order to clarify the reimbursement schedule and the
repayment of the advance as provided in clause number 8 of said a§reement.
12.-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 t3 is a trailer permit renewal.
13. Moved by Councilman Townsend, seconded by Councilwoman Cochran, it was
RESOLVED that the application of Maddie B. Miles for renewal of a sinqle family
house trailer permit, for trailer located on private road, off north side Main Road,
Mattituck, New York, which permit expires on December 22, 1985, be and hereby
is 9ranted for a six (6) month period.
13.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor MurpL~
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 14 is to authorize an expenditure for the Recreation
Director.
14.
Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
for the expenditure of $546.00 ($350.00-transportation, ~196.00-admission costs for
49 residents) from A7620 Adult Recreation, for a senior citizen bus trip to the Museum
of Natural History, New York City, on Wednesday, January 15, 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.
D C ,MB R 3, 1 9 3
SUPERVISOR MURPHY: Number 15 is Ferry District.
15. Moved by Justice Edwards, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Board of Commissioners of the Fishers Island Ferry District to pay approved
engineerin,g estimates, less any retainage as provided in the contract between the
Town of Southold, actin,g on behalf of the Fishers Island Ferry District, and Costello
Industries, Inc. of Newington, Connecticut, under date of September 23, 1985, for
refurbishin,g the runways at Elizabeht Airport, Fishers Island; said payments to be
made by the Supervisor fo the Town of Southold, subject to the apProval of work
performed to date from the Federal Aviation Administration, the New York State
Department of Transportati6n, and the Suffolk County Department of Public Works,
the engineer retained for such project.
15.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilmanl Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Towr~send, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 16 is a Highway Fund transfer.
16. Moved by Councilman Townsend, seconded by Councilman Stoutenburgh, it was
RESOLVED that the .Town Board of the Town of Southold hereby authorizes the
followin,g transfer within the Hi,ghway Department's 1985 Bud,get:
From: DA - Whole Town Unexpended Balance $5,000.00
Into: DA5140.4 - Contractual (Miscellaneous) $5,000.00
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 transfer in 1985 Whole Town Budget.
17. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following transfers from the 1985 Whole Town Budget to pay the costs of fringe
benefits for the Nutrition Program for October, November and December 1985:
From: A6772.4 Programs for the Aging
Into: A9030.4 Social Security $ 415.35
A9040.8 Workmen's Compensation 54.69
A9058.8 CSEA Plan 125.04
A9060.8 Hospitalization 1,185.42
A9010.8 NYS Retirement 553.86
Total $2,334.36
$2,334.36
SUPERVISOR MURPHY: I might say you're going to find a lot of these transfers
in the next two or three meetings. It's bookkeeping department to balance various
line items in the budget.
17.-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 18 is Fishers Island Ferry District transfer.
18..Moved. by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following transfer within the 1985 Fishers Island Ferry District Bud,get:
From: Operation Ferry $39.00
Into: Bonded Indebtedness $39.00
18.-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.
19.
Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby allocates an amount
not to exceed $5,000.00 to provide for an extension of the R. W. Beck & Associate~
contract relative to the feasibility study respectin,g the formation of a municipal
electric utility in the Town of Southold, to provide for consultations between R. W.
Beck and Duncan, Weinber,g & Miller, P.C. relative to the legal feasibility study.
SUPERVISOR MURPHY: This is necessary. It probably won't come near this. This
money is coming out of surplus-Whole Town funds this year. It's just a guess on
Mr. Duncan's part on how much Beck will need to provide him with additionai informa-
tion. It shouldn't come anywhere close to this. Any other questions?
COUNCILMAN TOWNSEND: Just to point out now that so far we've authorized
$37,000.00 for the studies and I think we've lust seen the beqinninq of it. I think
we're going to be pushing $100,000.00 by the time we go to any kind of referendum
on this thing.
SUPERVISOR MURPHY: Any other questions? (No response.)
19.-Vo~e 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 20 is to authorize the Town Clerk to advertise for
bids for purchase of a new car and two new vans for Southold Town Hall.
20. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, 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 one (1) new sedan ..... ~
car, and two (2) new vans for the Southotd Town Hall.
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 2I is to accept a resignation from the Ferry District.
21. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold, in accordance with direction
from the Board of Commissioners of the Fishers Island Ferry District, hereby accepts
the resignation of Carl Rood, Deckhar~d, effective July 23, 1985.
21.-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 22 is to pass a bond resolution for the telephone
system for the Southold Town Hall. I offer that resolution.
22. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh,
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED DECEMBER
3, 1985, AUTHORIZING THE PURCHASE AND INSTALLATION OF A NEW TELEPHONE
SYSTEM AT THE SOUTHOLD TOWN HALL, STATING THE ESTIMATED MAXIMUM COST
THEREOF IS $30,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZI[~-?
THE ISSUANCE OF $30,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID
APPROPRIATION.
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF
SUFFOLK, NEW ~ORK, HEREBY RESOLVES (by the favorable vo~e of not
less than two-thirds of all the members of said Town Board) AS
FOLLOWS:
Section 1. The Town of Southoi~, in the County'Of
Suffolk, New York (herein called "Town"), is hereby authorized to
purchase and install a new telephone system at the Southo!d Town
Hall. The estimated maximum cost of said specific obtject or
purpose, including preliminary costs and costs incidental thereto
and the financing thereof, is $30,000 and said amount is hereby
'' appropriated therefor. The plan of financing includes the
issuance of $30,000 serial bonds of the Town to finance said
appropriation, and the levy and collection of taxes on all the
taxable real property in the Town to pay the principal of said
bonds and the interest thereon as the same shall become due and
payable.
Section 2. Serial bonds of the Town in the principal
amount of $30,000, are hereby authorized to be issued pursuant to
the provisions of the Local Finance Law, constituting Chapter 33-
a of the Consolidated Laws of the State of New York (herein
DECEMBER 3, 1985
called "Law") to finance ~i~?dpriation.
Section 3. The following additional matters are hereby
determined and declared:
(a) The period oI probable usefulness of said specific
oblject or purpose for which said $30,000 serial bonds authorized
pursuant to this resolution are to be issued, within the
limitations of Section 11.00 a. 25 of the Law, is ten (10) years;
however, the proposed maturity of said serial bonds or any notes
issued in anticipation %hereof shall not exceed five (5) years
from the original date of issuance of said obligations.
(b) Current funds are no~ require~ by the Law ~o be
provided as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes
issued in anticipation thereof in accordance with Section 107.00
d. 4 of the Law.'
195
(c) The proposed maturity of the bonds authorized by
this resolution will no~'exc~ed five (5) years.
Se~ion 4. Each of the bonds authorized by this
resolution and any bond anticipation notes issued in anticipation
of the sale of said bonds shall contain the recital of vaiidity
as prescribed by Section 52.00 of the Law and said bo~ds and any
notes issued in anticipation of said bonds, shall be general
obligations of the Town, payable as to both principal and
interest by general tax upon all the taxable real property within
the Town without limitation of rate or amount. The faith and
credit of the Town are hereby irrevocably pledged to the punctual
payment of the principal of and interest on said bonds and any
no~es issued in anticipation of the sale of said bonds and
provision shall be made annually in the budget of the Town by
appropriation for (a) the amortization and redemption of the
bonds and any notes in anticipation thereof to mature in such
year and (b) the payment of interest to be due and payable in
such year.
Section 5. Subject to the provisions of this resolution
and of the Law and pursuan~ to the provisions of Section 30.00
relative to the authorization of the issuance of bond
anticipation notes and of Section 50.00 and Sections 56.00 to
60.00 of~the Law, the powers and duties of the Town Board
relative to authorizing bond anticipation notes and prescribing
the terms, form and contents and as to the sale and issuance of
the bonds herein authorized and of any bond anticipation notes
issued in anticipation of said bonds, and the renewals of said
notes, are hereby delegated to the Supervisor, the chief fiscal
officer of the Town.
Section 6. The validity of the bonds authorized by this
resolution and of any no~es issued in anticipation of the sale of
said bonds, may be contested only if:
(a) such obligations are authorized for an object or
purpose for which the Town is not authorized to
expend money, or
(b) the provisions of law which should be complied with
at the date of the publication of such resolution
are not substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such publication,_
or
(c) such obligations are authorized in violation of the
provisions of the constitution.
Section 7. This bond resolution shall take effect
immediately, and the-Town Clerk of the Town, is hereby authorized.
and directed to publish the foregoing resolution in full ~-~
together with a Notice attached in substantially the form
prescribed by 381.00 of th-e Law in "THE LONG ISLAND TRAVELER-
MATTITUCK WATCHMAN," a newspaper published in Southold, New York,
and in "THE SUFFOLK TIMES," a newspaper published in Greenport,.
New York, each having a general circulation in the Town and
hereby designated the official newspapers of said Town for such
publication.
SUPERVISOR MURPHY: Any questions on it? (No response.)
22.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Stoutenburgh,
Justice Edwards, Councilman Townsend, Supervisor Murphy. No: Councilman
Schondebare.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 23 is to accept the proposal from AT & T Informa-
tion Systems.
23. Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the propog~
of AT&T Information Systems for the installation of a Merlin Communications System
in the SoutholdTown Hall at a cost not to exceed $29,500.00, and be it further
RESOLVED that Supervisor Francis J. Murphy be and he hereby is authorized to
execute an agreement between AT&T Information Systems and the Town of Southold
to accomplish the aforesaid installation.
SUPERVISOR MURPHY: might add that this is all on State bid. We save about
25%--28% on the State bid for this equipment. Any other questions? (No response.)
23.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Stoutenburgh,
Justice Edwards, Councilman Townsend, Supervisor Murphy. No: Councilman
Schondebare.
~This resolution was declared duly ADOPTED.
24.
SUPERVISOR MURPHY: Number 24 is to'~i'§sde a tax warrant and levy of real property
taxes.
Moved by Councilman Townsend, seconded by Supervisor Murphy,
WHEREAS, Chapter 828 of the Laws of 1985 has established a substantial change in
the real property tax law, whereby the several towns in Suffolk County are now
authorized to adopt and issue real property tax warrants and levy real property
taxes, and
WHEREAS, after due deliberation the Town Board of the Town of Southold has decided
24.
to continue the past practice with respect to the issuance of tax warrants and the
levy of real property taxes by the County of Suffolk as authorized by the Suffolk
County Tax Act, now, therefore, be it
RESOLVED that the Town of Southold by its Town Board hereby elects not to issue
a real property tax warrant, and be it further
RESOLVED that the Town of Southold hereby elects not to levy real property taxes,
and, be it further
RESOLVED that the Town of Southold requests the County of Suffolk to issue a tax
warraht and to levy real property taxes for all purposes for the tax year 1985-86.
27[a).
SUPERVISOR MURPHY: This is a supporting resolution to the County Legislature
in regard to the two part system. Any I=urther questions? (No response.)
-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 transfer in the Part Town 1985 Budget.
25. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followin9 transfers within the General Fund Part Town 1985 Budget:
From: B3157.2 Juvenile Aid Bureau, Equipment $ 17.30
B9010.8 New York State Employee Retirement 2,298.00
B9015.8 New York State Police Retirement 2,241.21
Total $4,556.51'
Into: B3120.2 Police, Equipment $ 17.30
B9040.8 Workmen's Compensation 4,539.21
Total $4,556.51
Above transfers needed to supply budgeted nees for November billing.
25.-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 26 is additional transfers.
26. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following transfers within the General Fund Whole Town 1985 Budget:
From: A599 Appropriated Fund Balance $ 7,200.00
A3510.2 Dog Control, Equipment 360.00
A9160.2 Refuse and Garbage, Equipment 3,500.00
Total $11,060.00
Into: A1010.4 Town Board, Contractual Expense $ 3,700.00
A1410.4 Town Clerk, Contractual Expense 500.00
A1620.4 Buildings, Contractual Expense 3,000.00
A3610.4 Examining Boards, Contractual Expense 360.00
A8160.4 Disposal Area, Contractual Expense 3,500.00
Total' $11,060.00
Above transfers neede to supply budgeted needs for November and December billing.
26.-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 27[a).
Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State
Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44
of the Code of the Town of Southold, notice is hereby given that the Southold Town
Board, as lead agency for the action described below, has determined that the project,
which is unlisted, will not have a significant effect on the environment.
Description of Action: Petition of John A. Costello for a Change of Zone from "A"
Residential and Agricultural District to "M" Light Multiple Residence District on certain
property located at Greenport, Town of Southold, at the southeast corner of the inter-
section of Moores Lane and County Route 48.
198
DECEMBER 3, 1985
The project has been determined not to have a significant effect on the environ-
men because a Draft Environmental Impact Statement has been filed and circulated
and there have been no comments in the allotted time, and because this Draft
Environmental Impact Statement indicated that no significant adverse effect to the
environment are likely to occur should the project be implemented as planned.
SUPERVISOR MURPHY: I'd like to add also that the project conforms with the
proposed zoning under our new master plan which we hope to have adopted ;,very
shortly.
TOWN CLERK TERRY: That's not pertaining to the environmental assessment.
SUPERVISOR MURPHY: Yes, I know, but can we just say that?
TOWN CLERK TERRY: Perhaps in the change of zone resolution if it is appropriate~~
SUPERVISOR MURPHY: Okay, if you want to leave it out, okay.
COUNCILWOMAN COCHRAN: The resolution as it reads?
SUPERVISOR MURPHY: As it read.
27[a)-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Justice Edwards, Councilman Townsend, Supervisor Murphy. No: Councilman
Stoutenburgh.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Now, would you like to vote on the change of zone as
27(b) ?
27(b)
.Moved by Councilman Townsend, seconded by Councilman Schondebare,
WHEREAS, John A. CosteIIo, by petition dated August 15, 1985, petition the Town
Board of the Town of southold for a chancre of zone on certain property situated at
Greenport, Town of Southold, from "A" R~sidential and Agricultural District to "M'
Light Multiple Residence District, and
WHEREAS, the said petition was referred to the Southold Town Planning Board and
the Suffolk County Department of Planning for official recommendation and report, ad
WHEREAS, the Town Board, pursuant to due notice, held a public hearing thereon c
the 29th day of October, 1985, at 7:30 P.M., at which time all interested persons w .....
given an opportunity to be heard,
NOW, THEREFORE, BE IT RESOLVED that John A. Costello be and he hereby is
9ranted the relief demanded in said petition, With respect to certain property situate
at the southeast corner of the intersection of Moore's Lane and County Route 48,
Greenport, and more particularly bounded and described as follows: Beginning at
the point of intersection of the eaterly line of Moore's Lane with the southerly line
of Middle Road (County Route 48), said point being the northwesterly corner of the
premises herein described; running thence along said southerly line of Middle Road
three courses: (1) North 66 degrees, 09 minutes, 10 seconds East 96.61 feet; thence
(2) North 69 degrees, 02 minutes, 10 seconds East 985.10 feet; thence (3) North 71
degrees 28 minutes 20 seconds East 312.64 feet to the westerly line of a subdivision
known as "Fleetfield"; thence along said westerly line of "Fleetfield", South 16 degrees
01 minutes 50 seconds East 1450.11 feet to land of Village of Greenport; thence along
said land of Village of Greenport, two courses: (1) South 58 degrees, 15 minutes,
00 seconds West 714.04 feet; thence (2) South 74 degrees, 45 minutes 00 seconds West
670.00 feet to said easterly line of Moore's Lane; thence along said easterly line of
Moore's Lane, North 17 degrees, 15 minutes, 00 seconds West 1523.22 feet to the
point of beginning.
SUPERVISOR MURPHY: Now, I would also like at this point to inject that it conforms
with the proposed zonin9 in the master plan, which hopefully will be adopted early
next year. Are there any other questions on it?
COUNCILMAN TOWNSEND: It conforms to the proposed--you're talking about Hamle~
Density, right? ]
SUPERVISOR MURPHY: Right.
COUNCILMAN SCHONDEBARE: How do you have it now reading, Judy?
TOWN CLERK TERRY: "It conforms with the proposed zoning in master plan zoning
update."
TOWN ATTORNEY TASKER: Is this a waiver?
JUSTICE EDWARDS: No, it's a change from "A" Residential to "M" Mu!tiple.
TOWN ATTORNEY TASKER: Then what does he want to put this in the resolution
for?
DECEMBER 3, 1985
COUNCILWOMAN COCHRAN:
to insert?
I don't know. That's why i'm asking.
199
Is that appropriat~
TOWN ATTORNEY TASKER: It's a straight change of zone resolution?
COUNCILWOMAN COCHRAN: Yes.
TOWN ATTORNEY TASKER: Well this has nothing to do with it.
COUNCILWOMAN COCHRAN: That's my feeling.
COUNCILMAN SCHONDEBARE: That "this"?
COUNCILWOMAN COCHRAN: The addition that Frank wants to put on it.
SUPERVISOR MURPHY: I realize it's not needed, but I would, like to say it.
COUNCILMAN SCHONDEBARE: ! mean the concept of giving this change, as I under-
stand it, is that it will be a Hamlet Density when the master plan comes into effect,
so we can have the moderate income housing. That's the purpose behind my voting
"yes" on this proposal to grant the zone change now, for the obvious reason that we
don't have an"HD"District in our zone code. We're going to give him the "M" so he
can get going. I would not go along with a proposal of just a change of zone to a
"M" without the concept that it is eventually going to be the "HD".
TOWN ATTORNEY TASKER: The only thing that you can possibly grant now is an
"M". That's the only thing-~--
SUPERVISOR MURPHY: We're very well aware.
COUNCILMAN SCHONDEBARE: We know that, Bob.
TOWN ATTORNEY TASKER:
month is another day.
SUPERVISOR MURPHY:
What you may do tomorrow or the next week or the next
We're very well aware of that.
COUNCILMAN SCHONDEBARE: We know that too.
COUNCILMAN STOUTENBURGH: Let's look at it this way. There's no way that
the property can be turned over and developed on an "M" proposal prior to us
getting the Hamlet Density in--I mean before we get the Hamlet Density in--I don't
believe. There's all sorts of site plan approval and by that time.we have the Hamlet
Density in. So we're pretty safe in eliminating that section, Frank, if you want.
Because there's no way that it could be developed, I don't think, in any other way,
because if you think--
SUPERVISOR MURPHY: I see nothing wrong with saying what you want to say.
COUNCILMAN TOWNSEND: You can say it, but it will have no legal bearing.
COUNCILMAN $CHONDEBARE: Well, if it has no legal bearing, let's not worry about
it. We'll put it in.
SUPERVISOR MURPHY: But let's put it in.
TOWN ATTORNEY TASKER: What does it say?
TOWN CLERK TERRY: "It conforms with the proposed zoning in the master plan
zoning update."
TOWN ATTORNEY TASKER: No, it doesn't. What you have here now is a decision
to either grant the request to rezone to the "M" or not grant it.
COUNCILWOMAN COCHRAN: That's it.
SUPERVISOR MURPHY: Exactly, and I would just like to say a little more.
TOWN ATTORNEY TASKER: It gets confusing then.
SUPERVISOR MURPHY: I think it makes it a tittle clearer myself.
COUNCILMAN TOWNSEND: Well, I think as a result, as a practical matter, there
couldn't be any other kind of development on there within the time limit we're
talking about. Site plans and so forth.
SUPERVISOR MURPHY: What's the problem now? Let's vote on it.
2O0
27[b]
28.
DECEMBER 3, 1985
COUNCILMAN SCHONDEBARE: Well, how does the resolution read now?
TOWN CLERK TERRY: Does it read with it in or with it out?
COUNCILMAN SCHONDEBARE: The resolution as it presently reads has Frank's
gratuitous on the end, right? We all agree that's what it is, right?
COUNCILWOMAN COCHRAN~ That's what it is. I'll go with it either way, but I
don't think it's necessary or that it belongs there.
COUNCILMAN SCHONDEBARE: I'll go with it either way just to get the project
going~
COUNCILMAN TOWNSEND: Would we be jeopardizing it by having it in there?
COUNCILWOMAN COCHRAN: Yes, that's my question?
COUNCILMAN SCHONDEBARE: All right, that's the other question. Town Attorney,
would we jeopardize his change of zone?
TOWN ATTORNEY TASKER: ! haven't even seen the language.
COUNCILWOMAN COCHRAN: This is the original and Frank wants to add something.
TOWN ATTORNEY TASKER: "It conforms with proposed zoning in the master plan
update." Does it?
COUNCILWOMAN COCHRAN: The density.
JUSTICE EDWARDS: We haven't accepted it.
COUNCILMAN TOWNSEND: I think what you want to say, Frank, is the development
will conform. That any use Of the property will conform with the proposed Hamlet
Density. That's what you want to say, right?
COUNCILWOMAN COCHRAN: Why muddy the waters?
SUPERVISOR MURPHY: Want to leave it out?
COUNCILMAN SCHONDEBARE: Leave it out.
SUPERVISOR MURPHY: Will stand corrected.
-COUNCILMAN TOWNSEND: Delete it.
SUPERVISOR MURPHY: The amended version of the amended version.
Vote on the resolution as originally presented: see Resolution No. 27(b).
-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Justice Edwards, Councilman Townsend, Supervisor Murphy: No: Councilman
Stoutenburgh.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 28 is a waiver petition for Schoenhaar of the
Coache Stoppe. I offer that resolution.
Moved by Supervisor Murphy, seconded by Councilman Schondebare,
WHEREAS, Roy C. Schoenhaar, Coache Stoppe Restaurant & Deli, 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, this Board finds that~the applicant proposed to construct an addition
to the easterly portion of his existing building on the south side of Main Road
Mattituck, New York, and '
WHEREAS this Board deems such use consistent with the uses in a General B
· usiness
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 9ranted
a waiver of the provisions of Local Law No. 14 - 1985 to the extent of permitting
such uses on said premises set forth in his application presently pending before
the Southold Town Planning Board for site plan approval, and Southold Town Build-
ing 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.
28.-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 29 is a waiver also under Local Law No. 14 for
Carl J. Graseck, Southold Quarry, Inc. I offer that resolution.
29. Moved by Supervisor Murphy, seconded by Councilwoman Cochran.
WHEREAS, Carl J. Graseck, Southold Quarry, Inc., has requested that this
Board waive the provisions of Local Law No. 14 - 1985 witch respect to his
application presently pending before the Southold Town Planning Board and
Southold Town Building Inspector, and
WHEREAS, this Board finds that the applicant proposes to construct an addition
to the southerly portion of an existing building on the south side of County
Route 48, Southold, and
WHEREAS, this Board deems such use consistent with the uses in a'Light Industrial
Office 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
grar~ted 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 clovernmental agencies having jurisdiction thereof.
29.-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 30, 31, 32 and 33 are personnel transfers at the
Nutrition Program. Can we pass them all at once?
TOWN CLERK TERRY: No, you better not. They're resignations and appointments.
30. Moved by Justice Edwards, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the resiqnation
of Mary Ann Ludlow, Cook for the Southold Town Nutrition Program, effective November
30, 1985.
30.-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 31 is to accept another resignation.
31. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the-Town Board of the Town of Southold hereby accepts the resiqnation
of Lori Mclver, Assistant. Cook for the Southold Town Nutrition Program, effective
November 30, 1985.
31.-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 32 is appoint somebody. We'll explain these at the end.
32. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Lori A.
Mclver as Cook for the Southold Town Nutrition Program, effective December 1,
1985, 7 hours per day, at a salary of $6.50 per hour.
32.-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 33 is another appointment.
33.
Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Mary Ann
Ludlow as Assistant Cook for the Southold Town Nutrition Program, effective
December 1, 1985, 7 hours per day, at a salary of $6.00 per hour.
SUPERVISOR MURPHY: These all came about with this transfer of titles and jobs.
One person found they were doing a better job in the other person's iob and so they
switched. Same money.
33.-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 34 is to authorize our Town Planner Dave Emilita
to review the Draft Environmental Impact Statement of Southport Development.
202
DECEMBER 3, 1985
34. Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that in accordance with Chapter 44 of the Code of the Town of Southold,
entitled "Enviromental Quality Review", the Town Planner is directed to review the
Draft Environmental Impact Statement for the change of zone petition of Southoort
Development, as requested by the Southold Town Planning Board, and be it further
RESOLVED that in accordance with Section 44-20 of the Code, the actual expense to
the Town of Southold for reviewing said DEIS shall be paid to the Town by th~
applicant prior to the issuance of a buildin9 permit. (The cost for the Town Planner's
review is then reimbursed by Southport Development.)
34.-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 35 is to set 3:30 P.M., December 27, 1985 for
public hearing on the grant of scenic and/or conservation easement by John Tuthill.
35. Moved By Councilman Townsend, seconded by Councilman Schondebare,
WHEREAS, John B. Tuthill of Orient, New York, has submitted to this Board a
proposed agreement involving a parcel of land at Orient, New York, owned by the
said John B. Tuthill upon which the said John B. Tuthill proposes to 9rant to the
Town of Southold a scenic and/or conservation easement, and
WHEREAS, this Board has examined the proposed agreement and believes that it is
in the public interest to acquire the easement proposed by said John B. Tuthill
affecting the real property described in said agreement, and
WHEREAS, Section 247 of the General Municipal Law provides that this Board shall
hold a public hearing with respect to said grant of easement,
NOW, THEREFORE, BE IT RESOLVED that a public hearin9 will be held by this
Board at the Southold Town Hall, Mainl Road, Southold, New York on the 27th day
of December, 1985 at 3:30 o'clock P.M. in the matter of the 9rant of scenic and/or
conservation easement by John B. Tuthill to the Town of Southold in accordance with
the aforesaid agreement presented to this Board, and it-is further
RESOLVED that the Town Clerk cause notice of such hearing to be published in
accordance with law.
COUNCILMAN STOUTENBURGH: Will that be the old or the new one?
COUNCILMAN TOWNSEND: It's the new one. It conforms with the Farmland.
SUPERVISOR MURPHY: Any other questions? (No response.)
35.-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: That's the end of the prepared and added-on agenda. Is
there any Town Board member would like to make any further comments? Starting
on my left, Ray?
JUSTICE EDWARDS: Not on the meeting, but I'd like to let the people in the audience
know that the art exhibit in the back corner of the room is by artists from Fishers
Island. If you have a chance to see them before you leave I think you'll get enjoy-
ment out of looking at some of the local art from the Island. Thank you, Frank.
SUPERVISOR MURPHY: Could I take one home?
JUSTICE EDWARDS: No, you may not.
COUNCILWOMAN COCHRAN: l've got mine all picked out. The one on the end is
worth $500 if anyone wants to buy it. That's the only one for sale.
SUPERVISOR MURPHY: Paul? (Nothing.) Joe? (1 have nothing more.) Jay?
(Nothing, thank you.) Okay, at this time is there anyone in the audience would
like to address the Town Board? Bill? Sorry to delay you before.
WILLIAM BEHR: I would like to address myself to a point of information first. I'm
Bill Behr from the Chamber of Commerce Greenport-Southold. We do have a committee
report that appears at every Town meeting. The Councilman's report, excuse me.
Tonight there were two committees reported on. One is the formation of the Economic
Advisory Committee by Councilman Schondebare, and the other one was on Commerce
and Industry by Councilwoman Cochran. The report--this is an open meeting of
Commerce and Industry, advertised, and the only report given to us tonight was the
fact that bids were accepted and the stakes were in for the Laurel Tourist Information
Booth. On the agenda for that evening of November 20th there were sixteen other
matters. Now I don't propose to hold up anybody tonight, but I think that it should
be--it would be in the interest of the Town that we work in a more proprietory--
proprioritized agenda for the Commerce and Industry group. The agenda, I agree,
is too long. The Chamber of Commerce addressed itself last night at a board me~t!ng
to proprioritize their interest~ I do feel that these matters on these committees
the Commerce and Industry, for one,~,t~.;~i:~.§eneral interest to the people and I
really think a fuller report should be made to the Town Council, as well as to the
public. One thing I don't want to see is the formation of committees which are formed
to take the pressure off the leadership of the Board should act on matters. The
formation of the Economic Advisory Commission, to show you the interest that's being
displayed, these people--there are five men--will be meeting every Thursday night,
not once a month, but every Thursday night. We have a sincere desire to do a good
job, but we're not going to take any responsibility off the shoulders of the Town
Council. We feel that greater leadership could be exercised and please don't look
upon these committees as taking that responsibility off the shoulders of the Council.
Thank you.
SUPERVISOR MURPHY: Is there anyone else would like to address the Town Board?
COUNCILWOMAN COCHRAN: Bill, if I just may say something, We have discussed
in relation--you and I--the problems with the agenda--meeting with the Commerce
and Industry Committee, and we said we would sit down and w~ork that out. I also
would agree that I think there can be a more formal way of reporting. We seem to
spend--of course we report them as Town Board members--the meetings we've attended
and so on and so forth if you're chairing that particular committee, but I would like
to see more of a formal report in the way of a written report also.
MR. BEHR: I agree.
COUNCILMAN SCHONDEBARE: There will be no report from the Town Board members
with regards to the Economic Advisory unless one of them sits in, because that's
not a Town Board COmmittee, but the other committee is your committee and in that
sense we will probably get a written report from you.
MR. BEHR: It was open to the public. It's not a public hearing, but the public
can come---
COUNCILWOMAN COCHRAN: To all the meetings.
MR. BEHR: Right, and periodically we'll be exchanging ideas. We've had requests
for information back and forth with the Council, and fine, I think that's good, but
on the Commerce and Industry I think we should have a more formal report and we're
very much in favor of that.
COUNCILWOMAN COCHRAN: So noted. Well taken.
MR. BEHR: The one thing we don't want to see happen, at least personally my
feeling in the matter is--we have a Housing Advisory Committee, which if it wasn't
for a gentleman today who happens to be the chairman of it, asking for another 90
days to do some work on what should have been done six months ago, but had been
pushed aside. He's taking initiative to try to do something and rather than going
to a housing authority, which would be, I would think, personally speaking, would
be the last resort we'd want to see in this Town. And that's my point about leader-
ship.
COUNCILWOMAN COCHRAN: The leadership of that committee also could have done
the work that was presented to date previous to the proposal today. That committee
could have functioned and followed through on that work and not have to come--
MR. BEHR: Well, .maybe you have to prod them a little bit.
COUNCILWOMAN COCHRAN: Okay.
MR. BEHR: Okay? It's a two-way street.
COUNCILWOMAN COCHRAN: Yes, it certainly is.
MR. BEHR: And let's not get falling into bureaucracy, which we're trying to avoid
out here I think. Thank you.
COUNCILWOMAN COCHRAN: Thank you.
SUPERVISOR MURPHY: All right, is there anyone else in the audience would like
to address the Town Board? Diane?
DIANE BERGMANN: I'd just like to know if there's been a new hearing date set
for the airport?
SUPERVISOR MURPHY: Hopefully we can make one tomorrow.
MRS. BERGMANN: Thank you.
SUPERVISOR MURPHY: Anyone else would like to comment to the Town Board?
(No response.) If not I would like to move for a motion to adjourn.
Moved by Councilwoman Cochran, seconded by Councilman $chondebare, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 9:26 P.M.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
Southold Town Clerk