HomeMy WebLinkAboutTB-06/03/2003SOUTHOLD TOWN BOARD
JUNE 3~ 2003
Work Session:
Present: Supervisor Joshua Y. Horton, Justice Louisa P. Evans, Councilman William D. Moore,
Councilman John M. Romanelli, Councilman Thomas W. Wickham, Town Clerk Elizabeth A. Neville,
Town Attorney Gregory F. Yakaboski, Assistant Town Attorney Patricia Finnegan.
Absent: Councilman Craig A. Richter
9:00 a.m. Appointment Ed Siegmann re: Senior Citizens Tax Exemption Mr. Siegmann
presented the Board with a copy of an information sheet on Nassau County's "Senior Citizen Tax
Abatement Program". He didn't have the actual senate bill, but said it could be obtained from Senator
LaValle's office. Mr. Siegmann said that the seniors need all the help they can get with taxes. They
received a 1.4% increase in social security, but it was taken back with the 5-10% increase in living. He
also cited that a lot of seniors counted on the 10% interest that their certificates of deposits were paying
when they retired, but are now paying only 2% or less. Councilman Romanelli asked that the actual
copy of the senate bill be obtained and it be referred to the Assessors Office to find out what the tax
dollar implications of enacting such an exemption would be.
9:20 a.m. Appointment - Town Engineer James Richter re: Brushes Creek Bridge presented the
Board with a copy of the recently issued US Coast Guard Bridge Permit. This was the good news.
The bad news was that under contract the bridge was to be completed by July 5, 2003. The contractor
Chesterfield Associates has notified them that due to weather related delays the bridge will not be
completed until August 8, 2003. Councilman Wickham questioned if there are any penalty clauses in
the contract. Mr. Richter said that there are. However, he is going to ask the contractor for a written
explanation as to the delay. He will also ask for an opinion of the engineering consultant H2M Group.
IV. 3. For Discussion Item - Animal Shelter Councilman Moore advised that a series of questions
have been received from Bradley Architects. This firm will be making comments on the Town
Engineers plan. Then the next step will be for an architect/engineering firm to put together a
specification package. It is expected that the cost will be approximately $1.2 up to $1.4 million.
Therefore, there will be a shortfall of approximately $400,000. The Town Engineer said that he would
like to have a company that is located on Long Island so that he can keep in close contact with them
June 3, 2003 2
Southold Town Board
and keep on top of things more easily. The fee that architects generally charge is from 6-8% of the
cost of the total project. Mr. Richter will be talking to several architects about the specification
package. It was suggested that he also contact the local firm of McLean Associates that recently did
work at the landfill that they were very satisfied with. The Town Attorney advised that the maximum
bonded cost must be arrived at and SEQRA must be done on this project. The Town Board will advise
the Town Comptroller that the consultant fee must come out of the bond money.
9:40 a.m. Appointment Solid Waste Coordinator James Bunchuck re: Landfill Update - Mr.
Bunchuck presented the board with a copy of the proposal for the sound barrier wall between the
transfer station building and adjacent residences. Originally a chain link fence was slated. But the
residences are complaining about the noise of the glass breaking. The issue is that since the project is
near the end there is not a lot of money left in the project budget. There was $100,000. budgeted for
fencing. The Town so far has spent $10,000. It is proposed to install about 1,000 ft. fence on the
easterly boundary all the way from Jim Gray's commercial complex to the northerly boundary along
Cox Lane. They currently have about half of the fencing on site and paid for . Now the proposal
would be to put in temporary fencing instead of chain link to free-up about $60,000. for the barrier
wall. It would still leave about $40,000. if they wanted to start to put in the concrete footings and posts
and start stringing the fence. Possibly the people from the Department of Public Works or Highway
Department could do the installation as long as it is not time sensitive. A 200 foot concrete carrier
wall is proposed for the recycling area to buffer the two Taylor residences and part of the commercial
lot. The reason for the fence on Cox Lane was questioned by the Board. Mr. Bunchuck replied that it
is to secure the area. It was planned to put in the 6 ft. high chain link, but now it is being proposed to
put in temporary orange mesh fence. Mr. Bunchuck is requesting permission for a change order with
H2M Tom Maher for a change order to spend $60,000. on a barrier instead of $100,00 on fencing.
The recycling operation is the noisiest part of the operation. Supervisor Horton questioned Mr. Michael
Simon, New Suffolk if this proposal is acceptable to the community as a whole. Mr. Simon replied that
he does believe it is a part of the package. Councilman Wickham said that he was just concerned that it
fits together with the plan as a whole and that there will be acceptance by the whole community.
Councilman Wickham also questioned the access on Cox Lane. Mr. Bunchuck said that they are still
waiting for the SEQRA on it, but that he believes that it is ready for the attorneys to sit down and
finalize it and that he would like to see it done in context with the transfer station. Supervisor Horton
stressed that we must also be sensitive to the Cox Lane residents. He also noted that it is much safer
with the new traffic light at CR 48 and Cox Lane, it has significantly slowed the traffic down.
10:00 a.m. The Board recessed for a coffee break at this time.
10:20 a.m. Robert Grover, Environmental Scientist, Greenman-Pederson Consultants, Planning
Municipal Services and Thomas Twomey, Attorney from Twomey, Latham, Shea, & Kelly,
Riverhead met with the Town Board concerning issues surrounding the Church Lane area. Mr.
Grover said that he has been working with Greenman-Pederson for 30 years in the SEQRA field as an
environmental scientist. They specialize in community planning, environmental and municipal
engineering and coastal erosion projects. He presented the Town Board with copies of their
"Statement of Qualifications". Mr. Grover stressed his sensitivity to preserving a cultural heritage of
the neighborhood which is integral to the Town of Southold. Councilman Romanelli asked Mr. Grover
if he actually walked the site. Mr. Grover said that he is familiar with the site as he was involved with
a project there through a private concern in 1980. He described his task as what they are proposing to
June 3, 2003 3
Southold Town Board
undertake is a neighborhood planning study for this community. He proposes to assign Jean Salinger,
an outreach specialist and consultant historian of his firm to this project. The primary focus of this
project will be the cultural heritage which he is certain will come up with a very rich cultural history
and make the case for its preservation once this is documented. The Supervisor expressed his concerns
that the reality of the capped landfill and the transfer station not be overlooked. Mr. Grover agreed
that this is something that is there and is not going to go away. But, he alluded to technological
advances which he thinks will make it an environmental friendly site. He envisions a miniature golf
course, an 18 hole executive golf course, biking trails, etc. in essence, 60 acres of a recreational
complex could be developed out of it. He credits himself with organic turf management on Long
Island's first organic golf course "Harbor Links Golf Course" at Port Washington. Councilman
Wickham commented that Mr. Grover clearly has an idea of what should be done as do the six board
members have their ideas. Councilman Wickham suggested that he create "terms of reference", a
clear list of the objectives of his involvement and that his professional opinion be backed up by
rationality. He described it as a road map to address the issues. Mr. Grover assured him that he will
not pre-judge anything, but he go in and make an investigation and use the findings of it in his report
which he estimates will take 4-6 weeks to complete. Mr. Grover said that he is very optimistic that the
current problems at the landfill can be addressed and he looks forward to the challenge. The secondary
area of the project is the town landfill operation of a compost, recycling operation, etc. Mr. Grover
advised that the Long Island Housing Partnership will be working with Jean Salinger on projects that
require community outreach. Supervisor Horton made it very clear that he supports bringing the L.I.
Housing Partnership on board at some point, but that his planning expertise should be centered on what
he thinks should be there. This is of prime importance to the board at this point. Mr. Grover also
advised that they do quite a bit of transportation work and design nice barriers also. Supervisor
Horton asked him that if the town were to re-zone it to RO or LIO would he look through very closely
each zoning category that the Town has and provide his recommendations? Mr. Grover replied that he
would. The Board members and Town Attorney had many questions for him which he advised that he
could not yet comment on. The Board asked him to present them with a proposal with a dollar amount
on it within the next few days. The Town Board members still had a lot of questions on the sound
barrier. Mr. Bunchuck's proposal was put together with information from Tom Maher of Dvirka &
Bartilucci and Bob Terry of Terry Contracting. They questioned the design, dimensions, and the
consultation of the community, in addition to an acoustical analysis, measurements, etc. Justice Evans
suggested that Greenman-Pederson take a comprehensive look at it and do the community outreach for
it. There were questions on the SEQRA as to whether it is currently being considered as part of the
SEQRA of the transfer station or whether SEQRA would have to be done separately on it. It is going
to be very important to know what it is going to look like before the Board says "go ahead and put it
up". Mr. Grover will review this and get information back to the Board within a couple of days.
10:30 a.m. Karen McLaughlin, Director of Human Services (V. 2.) Karen McLaughlin, James
McMahon, Community Development Director, and Tanya Palmore, Executive Director of the North
Fork Housing Alliance all appeared before the Town Board. Supervisor Horton advised that the Town
works with the North Fork Housing Alliance on affordable housing initiatives. The Alliance purchases
homes with funds provided by the Suffolk County Community Development Office and then
rehabilitates the houses with low interest loans provided by Bridgehampton National Bank. They
recently held an open house on Monday of the 225 Center Street, Greenport which they renovated and
created two rental units in which two families will be moving into next week. The second home at 330
Third Street, Greenport is already occupied. The house at 335 Center Street had a lead problem which
June 3, 2003 4
Southold Town Board
they encapsulated to correct. The NFHA currently has 51 units filled with people who qualify for
Section 8 subsidies. They had 81 families on a waiting list, but only approximately t0 will be able to
be accommodated with a local rental. Kareu McLaughlin, Director of Human Services advised
Town Board that she would like to see the Town embark on a "Smart Growth Affordable Housing
Plan. She presented a job description for a full-time "Director of Housing". Ms. McLaughlin said that
she currently devotes about 12 hours a week, but that it just is not enough. She has been working with
Marion Zucker, Director of Affordable Housing for Suffolk County. Ms. McLaughlin stressed the
need for the Board to make a commitment on this as soon as possible so that the Town can have full-
time efforts devoted to working with the various agencies to capitalize on the available programs to
provide affordable housing to its residents. Supervisor Horton said that the Board is mindful of the
need and pledged their support.
11:20 a.m. The Town Board recessed for a short break at this time.
11:30 a.m. Moratorium Team presented the Town Board with the DGEIS for the Southold
Comprehensive Implementation Strategy in a t,000 page Two Volume Set. It was accepted by the
Town Board (See Resolution No. 349) Three public hearings were set for it at the Southold Town
Hall, the first at 6:30 p.m., Thursday, June 19, 2003 to be recessed to 4:30 p.m. Monday, June 23, 2003
and 7:00 p.m., Tuesday, June 24, 2003. The public hearing will be closed at the June 24th meeting,
after which time ten (t0) days will be allowed for public written comments to be submitted to the
Town Clerk. Copies of the DGEIS are available at the Office of the Town Clerk. The purchase price
is $178.00 or they may be borrowed for a five (5) day period of time. There are two (2)copies at each
town Library for public inspection. The complete copy of this DGEIS will also be posted on the Town
website for public inspection.
12:25 p.m. Assistant Town Attorney Patricia Finnegan distributed a resolution for a proposed
"Local Law for an amendment to the Town Code regarding amendments to zoning and public
hearing notice requirements" see Resolution No. 346. She also noted that a resolution to increase
the application fee could be done after the close of this public hearing on June 17, 2003 and after the
adoption of the local law. The new law will provide for fees to be set by Town Board resolution.
On motion by Councilman Thomas Wickham, seconded by Justice Louisa Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby enters into executive session at
12:27 p.m. for the purpose of discussing contracts, and personnel -a particular person.
Vote of the Town Board: Ayes: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was declared ADOPTED.
On motion by Councilman William Moore, seconded by Councilman John Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby exits from this executive session
at 12:45p.m..
Vote of the Town Board: Ayes: Councilman Thomas Wickham, Councilman Romanelli, Councilman
Moore, Justice Evans, Supervisor Horton.
This resolution was declared ADOPTED.
As a result of this executive session Resolution No. 352 was placed on the agenda.
June 3, 2003 5
Southold Town Board
The Town Board recessed at 12:45 p.m. for lunch.
On motion of Justice Louisa Evans, seconded by Councilman John Romanelli, it was
RESOLVED that the Town Board of the Town of Southold enter into executive session at 2:10 p.m.
for the purpose of discussing contracts.
Vote of the Town Board: Ayes: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was declared ADOPTED.
On motion by Councilman Wickham, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby exits from this executive session
at 2:25 p.m.
Vote of the Town Board Ayes Councilman Wickham, Councilman Romanelli, Councilman
Moore, Justice Evans, Supervisor Horton.
This resolution was declared ADOPTED.
This work session ended at 2:25 p.m.
June 3, 2003 6
Southold Town Board
SOUTHOLD TOWN BOARD
GENERAL MEETING
June 3, 2003
4:30 P.M.
A General meeting of the Southold Town Board was held Tuesday, June 3, 2003 at 4:30 P.M. at the
Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting with the Pledge of
Allegiance to the Flag.
Present:
Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman William D. Moore
Councilman Craig A. Richter
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
SUPERVISOR HORTON: Welcome to the June 3 public meeting of the Southold Town Board.
Please rise and join in the Pledge to the Flag. Thank you. There are several reports, public notices and
communications that are on file at the Town Clerk's Office, available to the public between 8:00 A.M.
and 4:00 P.M., Monday through Friday. It is the policy of the Town Board to turn the floor over to the
public at two times over the course of the meeting, prior to the reading of the resolutions and voting of
the resolutions, I will offer the floor. There are microphones posted at both sides of the room, at the
front of the room for the public to address the Town Board on the printed agenda and resolutions. If
you do address the Town Board, I ask that you state your name and place of residence for our record.
At the end of the Town's business, including voting on the resolutions that are on the printed agenda,
we will offer the floor to anyone who would like to address the Town Board on town related business.
I have, I don't actually have the letter before me but I did get a piece of communication that I would
that I would just like to bring to the public. And that is, I got a very nice letter from a resident on
Fishers Island that wanted to thank publicly Jamie Richter, the Town Engineer; Jim McMahon,
Community Development; and Justice Evans, the representative on the Town Board from Fishers
Island for some work that is under way or plans that are underway for walking trails, is that correct?
JUSTICE EVANS: Exercise path.
SUPERVISOR HORTON: Exercise path on Fishers Island. So that was a..
JUSTICE EVANS: I think that they are grateful to this Town Board.
June 3, 2003 7
Southold Town Board
SUPERVISOR HORTON: Right. The letter specified you people but yes, that was a project that the
Town Board approved and was underway with Justice Evans leadership on Fishers Island. She
conveyed her thanks publicly.
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills
in the amount of $67,090.23; General Fund Part Town bills in the amount of $4,741.82; Highway Fund
Whole Town bills in the amount of $6,160.51; Highway Fund Part Town bills in the amount of
$2,612.66; Capital Projects Account bills in the amount of $35,709.14; AG Land Development Rights
bills in the amount of $85,629.00; Community Preservation Fund (2% Tax) bills in the amount of
$450,551.10; New London Terminal Project bills in the amount of $58,578.80; Compost Land
Acquisition bills in the amount of $906.00; Fishers Island Ferry District bills in the amount of
$52,024.38; Southold Wastewater District bills in the amount of $98.65; Fishers Island Sewer District
bills in the amount of $57.10; Southold Agency & Trust bills in the amount of $8,291.06 and Fishers
Island Ferry District Agency & Trust bills in the amount of $136.61.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the next regular meeting of the Southold Town Board be held Tuesday, June 17,
2003 at 7:30 P.M. at the Southold Town Hall, Southold, New York.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
I. REPORTS 1. Leave Time Summary Report - April 2003
2. Island Group Claim Lag Report- through April 2003
3. Juvenile Aid Bureau - April 2003
4. Town of Southold Budget Report - through April 2003
TT. PUBLIC NOTICES
None
TTT. COMMUNICATIONS
None
SUPERVISOR HORTON: We will move ahead with the resolutions. At this point, I will offer the
floor to the public that would care to address the Town Board on the printed agenda, the resolutions on
the printed agenda.
MELANIE NORDEN: Good evening, Melanie Norden, Greenport. I was just curious as to the
content of #347. Whether the recommendations were for any changes regarding amendments to
Zoning and Public Hearing requirements?
June 3, 2003 8
Southold Town Board
SUPERVISOR HORTON: Councilman Moore, you speak articulately on this particular resolution,
would like to offer the...
COUNCILMAN MOORE: Actually, I may refer this to the Town Attorney. This is simply reflecting
that there were certain notice provisions that were in the general section in our existing Town Code
that apply to all agencies and Boards and it really was designed for those who are making applications
to those Boards as how notices, the posting of properties and the notice that gets put out in the mail and
it didn't really work. It didn't make sense the way that they were written for Town Board initiated
Planning Studies, the legal notices and the maps that go out and the whole process. So this makes
changes to that, that is the one that most immediately comes to mind and Greg, remind me if there is
something else out there that you guys brought up at the work session today, a second topic of it?
TOWN ATTORNEY YAKABOSKI: ! think that you pretty much.
COUNCILMAN MOORE: Okay.
MS. NORDEN: So the time frame will be pretty much the same in terms of the amount of time that is
required for a notice to be given to members of the public, for example?
COUNCILMAN MOORE: Yes.
MS. NORDEN: And will the same newspaper be used and the notice will be printed in the similar
way?
COUNCILMAN MOORE: Right.
MS. NORDEN: So basically this is just making uniform a way in which notices will be, will happen
across the board for various and sundry.
COUNCILMAN MOORE: And that has been in the code for a while, it just didn't make sense when it
was applied to the Town Board's actions, example: we are doing a zoning map; that affects the whole
town. To sit there and have a provision of the code that says that the Town Board shall go out and
stake the properties didn't make any sense.
MS. NORDEN: Right.
COUNCILMAN MOORE: So that is where that work was being done.
MS. NORDEN: Okay, thank you.
SUPERVISOR HORTON: Thank you, Ms. Norden. Mrs. Egan, you had your hand up.
JOAN EGAN: Good afternoon, Mr. Horton, Mr. Richter, Mr. Moore, Mr. Romanelli, Mr. Wickham,
Mrs. Evans, Mrs. Neville and the other one sitting at the end. There are a couple that ! was interested
in. This petty cash #334, why do they need petty cash there? And how is it checked?
June 3, 2003 9
Southold Town Board
COUNCILMAN MOORE: Through the Town Clerks office.
MRS. EGAN: ! am talking to Mr. Horton.
COUNCILMAN MOORE: He helped the last time, ! will help him this time.
MRS. EGAN: ! don't want your help, Mr. Moore.
want it now.
COUNCILMAN MOORE: You got it, ma'am.
SUPERVISOR HORTON: Mrs. Egan, you are referring to 3 ....
MRS. EGAN: 334.
SUPERVISOR HORTON:
MRS. EGAN: ! realize that.
SUPERVISOR HORTON:
need money for.
MRS. EGAN: Why?
SUPERVISOR HORTON: For permits, namely.
MRS. EGAN: Oh, they can issue permits there? ! don't think so.
SUPERVISOR HORTON: They do.
You didn't give it to me when ! needed it, ! don't
These are for each of the beach attendants to have some petty cash...
Why do they need petty cash?
So that they are able to make change for various things that they might
MRS. EGAN: Good. Now are part of their job program to raise and lower the American flag?
SUPERVISOR HORTON: That is a good question. ! don't know the answer to.
MRS. EGAN: You don't know the answer?
SUPERVISOR HORTON: No.
MRS. EGAN: Wonderful. Now, there is another one here where we are hiring another lawyer, helper,
helper lawyer. Wonderful. Oh here, #352. We need somebody else, a Town Attorney for Code
Enforcement?
SUPERVISOR HORTON: Actually, Mrs. Egan, this is somewhat along the lines of some
recommendations that you have made to bring the town further into the loop of the Justice Court and
Code Enforcement, that we will be using counsel to deal specifically with Justice Court so that the
Town has consistent representation there.
June 3, 2003 10
Southold Town Board
MRS. EGAN: And this is somebody new?
SUPERVISOR HORTON: That is correct.
MRS. EGAN: And how was she hired?
SUPERVISOR HORTON: Well, she hasn't been yet but there was an interview process.
MRS. EGAN: By whom?
SUPERVISOR HORTON: By myself, the Town Attorney, the Assistant Town Attorney.
MRS. EGAN: Which Town Attorney?
SUPERVISOR HORTON: By the Town Attorney and the Assistant Town Attorney.
MRS. EGAN: You mean Mr. Yakaboski?
SUPERVISOR HORTON: That is correct.
MRS. EGAN: Wonderful. Now, well, that is all for right now.
SUPERVISOR HORTON: Thank you, Mrs. Egan. Would anyone else care to address the Board on
the printed resolutions?
BARBARA TAYLOR: Barbara Taylor, North Road, Cutchogue. #351. ! am not sure exactly what
this is but ! just want to make sure that if there is going to be a vote on the temporary moratorium
concerning the Church Lane that the town, as an owner of property there that ! am in favor of the
moratorium and ! would hope that the Town would make the right decision concerning the moratorium
and any changes in the landfill area, that they would contact homeowners at that time.
SUPERVISOR HORTON: Okay, thank you, Mrs. Taylor. There will be at 5:00, there will be a public
hearing on that specifically but your comments are noted in the record. Would anyone else care to
address the Town Board on the resolutions on the printed agenda? (No response) We will move
forward with the resolutions.
#326
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the Fishers Island
Ferry District 2003 budget as follows:
To:
SM. 9901.9 Interfund Transfers $175,000
From:
SM.9730.6 B.A.N. Principal $175,000
June 3, 2003 11
Southold Town Board
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#327
Moved by Councilman Moore, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes expenditure not to
exceed $450.00 for expenses incurred by individuals from the New York State Department of
Motor Vehicles to travel to Fishers Island to process the renewal of driver's licenses for Fishers
Island residents.
JUSTICE EVANS: It is not just for drivers licenses, it is registrations, they pretty much do a full
service Motor Vehicle out there.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#328 OUT
#329
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the refund of a
Planning Board application fee to Joseph Lebkuecher in the amount of $250.00 for a minor
subdivision that has been denied due to Local Law No. 3 - 2003 "A Local Law In Relation to a One
Hundred and Eighty (180) Day Extension of the Temporary Moratorium on the Processing, Review of,
and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special
Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold"
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#33O
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part
Town 2003 budget as follows:
FROM:
B. 3620.4.600.300 Building Department $383.52
TO:
B. 8020.4.600.300 Planning Board $383.52
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#331
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Efeyenia
Matsis to locate a temporary one (1) family house trailer on her property for the purpose of living
June 3, 2003 12
Southold Town Board
quarters to occupy during the reconstruction of her dwelling after damages sustained from broken
water pipes during the winter months, location of property is 435 Inlet Drive, Mattituck, New York, for
a period of up to six (6) months.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#332
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby promotes Richard Mellas at the
Southold Town Highway Department to full time Heavy Equipment Operator, at an hourly rate of
$20.8433, retroactive to May 22, 2003.
SUPERVISOR HORTON: Let it be noted that Mr. Mellas is a tremendously hard worker,
congratulations to him on that.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#333
Moved by Councilman Moore, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2003 budget as follows:
To:
A.9901.9.000.100
From:
A.9710.6.000.000
Transfers to Other Funds
Transfers to Capital Fund
$50,000.00
Serial Bonds
Principal Payments $50,000.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#334
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold authorizes and directs that the
Southold Town Beach Attendants and beach managers be supplied with a petty cash fund in the
amount of $40.00 (30 singles, 1 roll quarters) per person, to enable them to make change. Check in
the amount of $320.00 to be made payable to Kenneth Reeves; said charge to be made to A210, Petty
Cash, and be it further
RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town
Clerk's office to issue free beach parking permits to the following employees: Water Safety
Instructors, Beach Attendants, Lifeguards, Beach Managers, and Recreation Supervisor Ken Reeves.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
June 3, 2003 13
Southold Town Board
#335
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town
Clerk to re-advertise for bids for the Type II Micro-surfacing road surface treatment & Nova
Chip Ultra-thin Surfacing Course for the year 2003 for the Superintendent of Highways.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#336
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute an Agreement between the Town of Southold~ the
Family Service League and the County of Suffolk for the 2003 Southold Youth Services
Program, subject to the approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#337
Moved by Councilman Richter, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Horton and Deputy Supervisor Martin Sidor to sign signature cards for the
Town of Southold Consortium Home Improvement Program (CHIP) account at Citibank.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#338
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute all necessary documents in connection with the Town of
Southold final application FY2003 to the US Department of Transportatiom Federal Aviation
Administration for the purpose of airport improvement at Fishers Island Elizabeth Field - Purchase of
Snow Removal Equipment.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#339
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby designates the Daniel E. Terry
House (or Paul Diefenbacher House)~ located at 54800 Main Road~ Southold~ New York as a
Southold Town Landmark at the recommendation of the Southold Town Landmark Preservation
Commission.
June 3, 2003 14
Southold Town Board
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#34O
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to sign grant applications for the Environmental Protection Fund
and Clean Water/Clean Air Bond Act
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#341
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to sign grant applications for NYS Office of Parks~ Recreation and
Historic Preservation funding.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#342
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby approves a six-month medical
leave of absence for a Part-Time Senior Citizen Aide II, beginning June 1, 2003.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#343
Moved by Councilman Moore, seconded by Councilman Romanelli,
WHEREAS the Town Board of the Town of Southold received no bids for the following vehicles:
1965 13 foot Boston Whaler
1998 Ford Crown Victoria #881 - V1N 2FAFP71W6WX163141
1998 Ford Crown Victoria #883 - V1N 2FAFP71WXWX163143
RESOLVED that the Town Board authorizes and directs the disposal of same.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#344
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2003 budget as follows:
TO:
June 3, 2003
Southold Town Board
15
APPROPRIATIONS
A. 6772.2.4.600.300
FROM:
APPROPRIATIONS
A.6772.2.100.100
Vote of the Town Board: Aye:
Miscellaneous
Travel Reimbursement
$145.00
Programs for the Aging $145.00
Other Equipment
Chairs
Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#345
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town Southold hereby accepts the resignation of Melissa
A. Carroll~ Food Service Worker~ effective June 13~ 2003.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#346
Moved by Councilman Wickham, seconded by Justice Evans,
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 3rd day of June 2003 a Local Law entitled "Amendment to Town Code Regarding
Amendments to Zoning and Public Hearing Notice Requirements" now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid
Local Law at the Southold Town Hall, 530905 Main Road, Southold, New York, on the 17th day of
June 2003 at 8:00 p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed local law entitled, "Amendment to Town Code Regarding Amendments to Zoning
and Public Hearing Notice Requirements" reads as follows:
LOCAL LAW NO. 2003
TOWN OF SOUTHOLD
LOCAL LAW NO. OF THE YEAR 2003
A local law entitled, "Amendment to Town Code Regarding Amendments to Zoning and Public
Hearing Notice Requirements."
Be it enacted by the Town Board of the Town of Southold as follows:
I. Purpose. To clarify procedural requirements in the Zoning and Public Hearing chapters of the
Town Code.
II. The Code of the Town of Southold is hereby amended to revise the noted sections of Chapter 100
"Zoning" and Chapter 58 "Notice of Public Hearing" to read as follows:
Chapter 100 ARTICLE XXIX Amendments
[Amended 5-30-1975 by L.L. No. 3-1975; 11-15-1983 by L.L. No. 13-1983; 1-8-1985 by L.L. No. 1-
1985; 1-10-1989 by L.L. No. 1-1989]
§ 100-290. Procedures.
The Town Board, upon its own motion or by petition, may, from time to time, amend,
supplement, change, or modify or-repeal this chapter, including the Zoning Map, by proceeding in the
June 3, 2003 16
Southold Town Board
.......... ~ manner provided in this Article. For the purposes of this Article, an amendment also
includes, but is not necessarily limited to, a supplement, change, or modification.
A. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place
of a public hearing on the proposed amendment and cause notice thereof to be
given pursuant to the provisions of the Town Law. At least ten (10) days notice
of the time and place of such hearing shall be published in the official
newspaper.
B. The Town Board, before ~ publishing notice for a public hearing, shall in a
written request, instruct the Town Planning Board to prepare an official report
........ , .............................. regarding the proposed amendment,
including the Planning Board recommendations.
C. An amendment initiated, proposed or requested by a petitioner, other than the Town
Board or other Town agency, shall also be subject to the additional procedural
requirements set forth in subsequent sections of this Article.
Fees for Petitions for Proposed Amendments. [Amended 11-13-1990 by L.L. No. 26-
§ 100-291.
19901
Every petition for ~ a~n amendment to this chapter or the Zoning Map shall be filed
with the Town Clerk and shall be accompanied by a fee,~.~*' ~"~,~ll,~ *~l.,~ ...... ~ o,...,~ ,~,~.l,..~ ~" ~-~o ~re~, ·, ~,, ,, ,,. j ~ for
administrative processing as established by a resolution of the Town Board. The fee for a petition for a
change of zone to the Affordable Housing District is set forth in § 100-55B(5)(g). The petitioner shall
also be responsible for reasonable and customary professional review fees relating to environmental
review of the petition.
§ 100-292. Additional Notice Requirements Relating to Petitions for Proposed Amendments.
A. In the case of a petition requesting an amendment,. ~ ,~..,...~,~ ~ .... in zoning district
(1)
(2)
(3)
of
classification or the Zoning Map, in addition to the notice required by law, a
written notice containing the following information shall be sent by the
petitioner, or his agent, by either certified or registered mail, to every owner of
property immediately adjacent thereto. In the event that any petitioner owns or
has any interest in any property immediately adjacent to the property proposed
to be changed in zoning district classification, then written notice shall also be
given to the owners of the property adjacent to such other property of the
petitioner. For the purpose of this section, the words "owner" or "property
owner" mean the owner as shown on the current Southold Town assessment roll.
The notice required by this section shall be mailed by the petitioner, or his/her
agent, within five (5) days preceding the filing of the petition in the Town
Clerk's office. Proof of mailing of such notice in the form of a swo~rn statement
sworn to by petitioner or his/her agent shall be filed with the Town Clerk at the
time of filing the petition. Such notice shall contain the following information:
A statement that the petitioner proposes to file a petition with the
Southold Town Clerk requesting a change of zone classification.
A description of the street location and the area of the property which is the
subject of such petition.
The present zone district classification of the property and the proposed zone
district classification.
June 3, 2003
Southold Town Board
17
(4) A statement that within five (5) days of the notice the petition requesting such
change in zone district classification will be filed in the Southold Town
Clerk's office, Main Road, Southold, New York, and may then be
examined during regular office hours.
(5) A statement that a public hearing with respect to such petition must be held by
the Southold Town Board before such change of zone can become effective; that
the person to whom the notice is addressed, or his representative, has the right to
appear and be heard at such hearing; and that a notice of such hearing will be
published in the official town newspaper not less than ten (t0) days prior to such
public hearing.
In lieu of complying with the provisions of this section, written verified waivers
of notice executed by the persons entitled to receive such notice may be filed
with the Town Clerk at the time of filing the petition.
Failure to comply with the provisions of this section shall not affect the validity
of any action with respect to such petition.
In addition to the above notice requirement, prior to holding a public hearing on the
~ petition, notice shall be provided pursuant to Chapter 58. [Added 12-27-1995
by L.L. No. 25-1995]
Chapter 58 NOTICE OF PUBLIC HEARING
[HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25-1995.
Amendments noted where applicable.]
§ 58-1. Providing notice of public hearings.
Whenever the Code calls for a public hearing this section shall apply. Upon determining that an
application or petition is complete, the board or commission reviewing the same shall fix a time and
place for a public hearing thereon. The hoard ar ce, mm;~ss;~an rev;~ew;mg Notice relating to a public
hearing on an application or petition shall ..... ;,~ c~ ,~ ~;,,;,~ ~c,~,;~
~, .............~ ..... ~ .........be provided as follows:
A. Town responsibility for publication of notice.
The reviewing board or commission shall r~ ..... ;,~
· _,2 ,~,,u .... ~ cause a notice giving the time,
date, place and nature of the hearing to be published in the official newspaper within the
period prescribed by law.
B. Applicant or Petitioner responsibility for posting and mailing notice.
An application or petition, initiated, proposed or requested by an applicant or petitioner,
other than a Town board or commission, shall also be subject to additional notice
requirements set forth below.
gy~erui~ng4The applicant or petitioner is required to erect the sign provided
by the town, which shall be prominently displayed on the premises facing each
public or private street which the property involved in the application or petition
abuts, giving notice of the application or petition, the nature of the approval
sought thereby and the time and place of the public hearing thereon. The sign
shall be set back not more than ten (t0) feet from the property line. The sign
shall be displayed for a period of not less than seven (7) days immediately
preceding the date of the public hearing. The applicant, petitioner or his/her
agent shall file an affidavit that s/he has complied with this provision prior to
commencement of the public hearing.
June 3, 2003 18
Southold Town Board
C~. (2D ~The applicant or petitioner is required to send notice to the owners
of record of every property which abuts and every property which is across from
any public or private street from the property included in the application or
petition. Such notice shall be made by certified mail, return receipt requested,
posted at least seven (7) days prior to the date of the initial public hearing on the
application or petition and addressed to the owners at the addresses listed for
them on the local assessment roll. The notice shall include description of the
street location and area of the subject property, nature of relief or approval
involved, and date, time and place of hearing. The applicant, petitioner or agent
shall file an affidavit that s/he has complied with this provision prior to
commencement of the public hearing.
lll. Severability.
If any part or provision of this Local Law or the application thereof to any person or
circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be
confined in its operation to the part or provision or application directly involved in the controversy in
which such judgment shall have been rendered and shall not affect or impair the validity of the
remainder of this Local Law or the application thereof to other persons or circumstances, and the Town
of Southold hereby declares that it would have passed this Local Law or the remainder thereof had
such invalid application or invalid provision been apparent.
IV. Effective date.
This law shall take effect immediately upon filing in the Office of the Secretary of State of
New York.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#347
Moved by Councilman Richer, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town
Clerk to transmit the proposed Local Law entitled "Amendment to Town Code Regarding
Amendments to Zoning and Public Hearing Notice Requirements" to the Southold Town
Planning Board and the Suffolk County Department of Planning for their recommendations and
reports.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#348
Moved by Councilman Moore, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town
Clerk Elizabeth Neville to advertise for bids for the supply of physical fitness stations~ consisting
of instructional signs and exercise components for the Fishers Island Fitness Trail.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
June 3, 2003 19
Southold Town Board
WHEREAS, the
WHEREAS, the
required contents
comment.
#349
Moved by Councilman Romanelli, seconded by Councilman Wickham,
WHEREAS, the Town Board of the Town of Southold (the "Board") has assumed lead agency
status in review of the above-referenced action and for the purpose of compliance with the State
Environmental Quality Review Action (SEQRA), as codified in 6 NYCRR Part 617, and
WHEREAS, the Board found that a Generic Environmental Impact Statement (GELS) would be
necessary, and issued the appropriate determination (via a Positive Declaration) to require such
document for the proposed action, considering that the recommendations may result in potential
impacts which may include cumulative and/or generic impacts, and
WHEREAS, the Board is familiar with the scoping process as outlined in SEQRA Part 617.8
(Scoping), and
WHEREAS, the Board held a public scoping meeting on January 29, 2003 at the Southold
Town Hall meeting room, and a period of 1 O-days were provided following the public scoping
meeting to allow for submission of written comments, and
WHEREAS, the Board accepted the Final Scope as complete on April 8, 2003, and
Draft GElS has been prepared in conformance with the Final Scope, and
Board has reviewed the document and determined that it conforms to the
as stated in the Final Scope and is therefore adequate for public review and
NOW THEREFORE BE IT RESOLVED, that the Town Board hereby accepts the Draft
Generic Environmental Impact Statement after due deliberation and review of the prepared
documentation, for the purpose of public and interested agency/party review, and
BE IT FURTHER RESOLVED, the Town Board hereby directs the Town Clerk to file a
Notice of Complete Draft EIS and Notice of Public Hearing in accordance with the Notice and
Filing Requirements of SEQRA and circulate the Draft EIS to public, interested agencies and
parties of interest (noted below), in accordance with 6 NYCRR Part 617.12, and
BE IT FURTHER RESOLVED, the Town Board hereby sets a hearing date for the Draft GElS
for a special Town Board Public Hearing on
h~ ~ ($30~5 ~ i~ Ro S ~ ~ih
n u~lie ~ n for mai ion se ss ion on i he ne o nose d a ciion a n dO~ EIS doc u men fr om 6:~0 lo ~:~0
~ilteneommen~afte~ ~he~loseog ~heoublichea~in~, and
hereby
authorizes and directs the Town Clerk to file Notice of the Public Hearing in at least one (1)
local newspaper~ at least fifteen (15) days prior to the Public Hearing.
COUNCILMAN ROMANELLI: This all has to do with the moratorium work that has been going on.
The first hearing June 19, the 6:30 hearing, the start of that hearing will be an informational hearing. It
Explain the draft and the input that went into in to it and some of the ins and outs of the document.
That will probably take an hour or so, the first hearing.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#350
June 3, 2003 20
Southold Town Board
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to hire the firm of Nelsom Pope & Voorhis to conduct an
evaluation pursuant to the State Environmental Quality Review Act (SEQRA) to address the
environmental issues pertinent to the proposed construction of a new Animal Shelter in the Town
of Southold at a cost of seventeen hundred fifty ($1,750.00) dollars as per their proposal dated May 27,
2003.
SUPERVISOR HORTON: ! would just like to reiterate that some time ago Councilman Romanelli
opened up discussions and then, about construction of a new Animal Shelter and Councilman Moore
has taken that on over the past 16 months, he has done a great job and brought us really to the cusp of
further progress. So, thanks for moving us to this point. The best is yet to come, I'm sure.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#351
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed
Local Law entitled~ "A Local Law in Relation to a Temporary Moratorium on the
Issuance of Approvals and/or Permits for the Parcels of Property in the Light Industrial
Park/Planned Office Park (LIO) Zoning District and the Light Industrial (LI) Zoning
District in 'The Church Lane Neighborhood and Immediate Area Surrounding the Town
Landfill/Transfer Station" is classified as a Type II Action pursuant to SEQRA Rules and
Regulations, 6 NYCRR Section 617.5.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#352
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Lori Hulse Montefusco~
Esq. to the part-time position of Assistant Town Attorney handling code enforcement and Justice
Court matters at an hourly rate of $29.7142, effective June 12, 2003, not to exceed 10 hours per week.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#353
Moved by Councilman Moore, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to hire the firm of Clearv Consulting to conduct an evaluation
pursuant to the State Environmental Quality Review Act (SEQRA) to address the environmental
issues pertinent to the proposed code chan~es relating to Amendments to Zoning Code and
Public Hearing Notice Requirements of the Code of the Town of Southold at a cost not to exceed
Seven hundred and fifty ($750.00) dollars as per their proposal dated June 3, 2003.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
June 3, 2003 21
Southold Town Board
This resolution was duly ADOPTED.
SUPERVISOR HORTON: That concludes the resolutions at this point that we can vote on. I have
one minute after 5:00 by my watch. We will move to our public hearing.
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board meeting be and hereby is recessed in order to hold a public hearing
on "A LOCAL LAW IN RELATION TO A TEMPORARY MORATORIUM ON THE ISSUANCE
OF APPROVALS AND/OR PERMITS FOR THE PARCELS OF PROPERTY IN THE LIGHT
INDUSTRIAL PARK/PLANNED OFFICE PARK (LIO) ZONING DISTRICT AND THE LIGHT
INDUSTRIAL (LI) ZONING DISTRICT IN 'THE CHURCH LANE NEIGHBORHOOD AND
IMMEDIATE AREA SURROUNDING THE TOWN LANDFILL/TRANSFER STATION'".
Meeting reconvened at 5:55 P.M.
#354
Moved by Councilman Wickham, seconded by Councilman Moore,
WHEREAS, there was been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 3rd day of June 2003 a Local Law entitled "A Local Law in
relation to a Temporary moratorium on the issuance of approvals and/or permits for the
parcels of property in the Light Industrial Park/Planned Office Park (Lie) zoning district
and the Light Industrial (LI) zoning district in "The Church Lane Neighborhood and
immediate area surrounding the Town Landfill/Transfer Station"; and
WHEREAS a public hearing on the aforesaid Local Law was held on the 3rd day of June 2003 at
which time all interested persons were given the opportunity to be heard thereon, now, therefore be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the following Local
Law:
LOCAL LAW NO. 11 2003
A Local Law entitled, "A Local Law in relation to a Temporary moratorium on the issuance of
approvals and/or permits for the parcels of property in the Light Industrial Park/Planned Office
Park (Lie) zoning district and the Light Industrial (LI) zoning district in "The Church Lane
Neighborhood and immediate area surrounding the Town Landfill/Transfer Station"
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
Section 1. Purpose
The Town Board recognizes that within the area bounded by Depot Lane, Oregon Road, Cox
Lane and Route 48 the presence of the Town Landfill (now the Town Transfer Station) dominated
(properly) the thought process behind the comprehensive planning of that area for decades. One result
was that all parcels of property within the described areas are currently zoned either LIO or LI
according to the Town Zoning Code.
The Town Board also recognizes that the foundational cornerstones governing the
comprehensive planning of that area in general may have been fundamentally altered with the capping
of the Town Landfill and the introduction of public water.
A small, long-standing residential neighborhood adjacent to the landfill/transfer station has
been threatened with drastic changes based on the current LI zoning district designation.
Based on the changed circumstances regarding the landfill/transfer station, as noted above, the
Town Board wishes to consider various alternatives to the LIO and LI zoning district designation in the
June 3, 2003 22
Southold Town Board
described area, enhancement projects in the Church Lane neighborhood and the recommendations
made in the draft report of the planning and environmental firm of Nelson, Pope and Voorhis dated
August 26, 2002. Given the reasons and facts set forth above and until the planning process is
completed the Town Board finds it necessary to impose a moratorium as set forth below. An
integrated and comprehensive study that takes into account the capping of the Landfill, the presence of
public water, and the long-standing residential neighborhood in conjunction with the Town's overall
comprehensive goals is needed. This action is necessary in order to protect the character, public
health, safety and welfare of the residents of the Church Lane Neighborhood and Immediate Area
Surrounding the Town Landfill/Transfer Station
Section 2. ENACTMENT OF A TEMPORARY MORATORIUM
Until four (4) months from the effective date of this Local Law, after which this Local Law
shall lapse and be without further force and effect and subject to any other Local Law adopted by the
Town Board during the four (4) month period, no agency, board, board officer or employee of the
Town of Southold including but not limited to, the Town Board, the Zoning Board of Appeals, the
Trustees, the Planning Board, or the Building Inspector(s) issuing any building permit pursuant to any
provision of the Southold Town Code, shall issue, cause to be issued or allow to be issued any
approval, special exception, variance, site plan, building permit, subdivision, or permit for any of the
property uses listed within the following sections of the following zoning districts of the Southold
Town Code which are located in the Church Lane Neighborhood and Immediate Area Surrounding the
Town Landfill/Transfer: Sections 100-131 (A) (1) and 100-131 (A) (3-16) and 100-131 (B) and 100-
131 (C), all of which apply to the Light Industrial Park/Planned Office Park (LIO) District of the
Southold Town Code; and Sections 100-141(A) (1) and 100-141(A) (3-15) and 100-141(B); and 100-
141(C), all of which apply to the Light Industrial (LI) District of the Southold Town Code
Section 3. DEFINITION OF "THE CHURCH LANE NEIGHBORHOOD & IMMEDIATE
AREA SURROUNDING THE TOWN LANDFILL/TRANSFER STATION"
The Church Lane Neighborhood and Immediate Area Surrounding the Town Landfill/Transfer
Station is hereby defined as the area bounded by the following public roads: County Route 48 on the
South, Depot Lane on the West, Oregon Road on the North and Cox Lane on the East.
Section 4. EXCLUSIONS
This Local Law shall not apply:
1) to any person or entity who/which has, prior to the effective date of this Local Law,
obtained all permits required for construction of a building on any property located
in the CHURCH LANE NEIGHBORHOOD including later applications to repair or
alter, but not enlarge, any such building otherwise prohibited during the period of
this temporary moratorium.
2) To any permit or application regarding a single family dwelling unit to be used
solely for residential purposes.
Section 5. AUTHORITY TO SUPERCEDE
To the extent and degree any provisions of this Local Law are construed as inconsistent with
the provisions of Town Law sections 264, 265, 265-a, 267, 267-a, 267-b, 274-a, 274-b, and 276, this
Local Law is intended pursuant to Municipal Home Rule Law sections 10(1)(ii)(d)(3) and section 22 to
supercede any said inconsistent authority.
Section 6. VARIANCE TO THIS MORATORIUM
Any person or entity suffering unnecessary hardship as that term is used and construed in Town
Law section 267-b(2)(b), by reason of the enactment and continuance of this moratorium may apply to
the Zoning Board of Appeals (OR THE TOWN BOARD) for a variance excepting the person's or
June 3, 2003 23
Southold Town Board
entity's premises or a portion thereof from the temporary moratorium and allowing issuance of a
permit all in accordance with the provisions of this Southold Town Code applicable to such use or
construction.
Section 7. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not impair or invalidate the remainder
of this Local Law.
Section 8. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
SUPERVISOR HORTON: That concludes the printed agenda, the resolutions on it. At this point, I
offer the floor to the public to address the Town Board on town business. Mrs. Egan.
MRS. EGAN: Yes, Mr. Horton, darling. I wrote you a letter right after the last Town Hall meeting to
have you ask Mr. Yakaboski about riparian rights. To the best of your knowledge, has he complied
with that request?
SUPERVISOR HORTON: Mrs. Egan, I cannot read that letter if I did not know exactly what to
address. So perhaps...
MRS. EGAN: Oh, I clarified that in a telephone call to your office the next day.
SUPERVISOR HORTON: I don't think so.
MRS. EGAN: You don't have to think when I say I did, I did.
SUPERVISOR HORTON: Okay.
MRS. EGAN: So otherwise, the answer is no.
SUPERVISOR HORTON: That is correct.
MRS. EGAN: Now, I also called your office the other day to find out when this smoking law in
confined areas is put into effect and most restaurants are already doing that, who is going to be the
code enforcer? The Police Department says that they are going to be able to do it nor do you have
enough code enforcers here in the Town Hall. So has anybody made any plans on how this will be
covered? And the answer to that is yes or no.
SUPERVISOR HORTON: No.
MRS. EGAN: That is marvelous. You are batting 300 with no's.
COUNCILMAN MOORE: You haven't even found, Mrs. Egan, whether or not the law ....
June 3, 2003 24
Southold Town Board
MRS. EGAN: I wasn't speaking to you.
COUNCILMAN MOORE: You haven't even given the people who own property their chance to
comply with the law. You are presuming that it is going to be violated right in the first instance.
MRS. EGAN: ! did not say it was going to, ! did not make a negative statement...
COUNCILMAN MOORE: Well, it is silly to complain about a violation, let's not worry about it.
MRS. EGAN: It has to be done properly. Mr. Richter.
COUNCILMAN RICHTER: Yes, ma'am.
MRS. EGAN: Mrs. Egan.
COUNCILMAN RICHTER: Good day.
MRS. EGAN: Have you had the opportunity to come to Town Hall Justice Court on Friday mornings
within the last six months?
COUNCILMAN RICHTER: No. No.
MRS. EGAN: Well, may ! make a very strong suggestion that not only you Mr. Richter, you Mr.
Moore, you Mr. Romanelli, Miss Evans you are there once in a while as a participant up on the top
board there, you Mr. Wickham, Mrs. Neville and of course, Mr. Yakaboski and Mr. Horton. If you
don't go, you ain't gonna know. You ain't gonna know what a mess it is. And how bad your Town
has turned into. Now, ! did not, Mr. Moore, make the supposition that those laws would be violated,
they will be, you know it and ! know it. But that does not mean that you can't be prepared to see that
when they are, who is going to enforce it. Surely you are not, Mr. Moore, you are too busy going out
buying real estate.
SUPERVISOR HORTON: Mrs. Egan.
MRS. EGAN: ! am finished.
SUPERVISOR HORTON: Are there any further comments from the floor? (No response)
COUNCILMAN RICHTER: Supervisor, ! would like to remind about voting, the school budget.
EILEEN MCFETRIDGE: ! am Eileen McFetridge, ! just wanted to inquire what your policy was for
your head of departments to reply to a letter that is written by a citizen. ! wrote one on the 11th of June
to the head of the Highway Department. Can ! expect an answer from him?
SUPERVISOR HORTON: ! can't speak for him but what ! can do, ma'am is remind him tomorrow
that you wrote him and urge him to get back to you.
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Southold Town Board
MRS. MCFETRIDGE: Yes, it is in regard to a State law about the way that you draw white lines on a
road and I know that it is one of the questions on the driving permit list right now, so if he doesn't
know it, he is in trouble. This was my first visit; it was very interesting. My heart is with the people of
Church Lane and I hope that yours are, too.
SUPERVISOR HORTON: Thank you, ma'am. I will have him contact you, tomorrow.
MS. NORDEN: Concerned Citizens for the Safety and Security of Plum Island, of which I am a
founding member, will be holding a march and rally this Sunday, June 8 at 11:30 in Veteran's Park in
Greenport. The march will march down First Street and end in Mitchell Park. We would like to extend
a warm welcome to all of the elected officials of the Town of Southold, it's employees and Town
Board members to attend the march and rally. Congressman Tim Bishop will be the kick-off speaker
and the organization, which has been founded by various concerned citizens and comprises the NFEC,
the Orient Association, the Peconic Baykeeper and Local 40 of the Operating Union of International
Engineers has been working very hard and rather tirelessly both with Senators Clinton and Schumer as
well as with Congressman Bishop to develop a more open communication with both the Department of
Homeland Security and additionally, to find out some more about the new plans for Plum Island. So
we would like to encourage everyone who is an elected Southold official or Board member to attend
and just hope that we can see you there on Sunday. Thank you.
SUPERVISOR HORTON: Thank you, Ms. Norden. Are there any other...
DICK MARSCHEAN: Dick Marschean, Southold. I noticed on the #349, that there is going to be a
draft environmental impact statement. Is that going to be made available prior to these meetings that
are called for so that people can at least read and comment on them at the meetings?
SUPERVISOR HORTON: Yes, sir. As of tomorrow, there will be copies available in all of the local
libraries and our IT Department is doing its best to get the entire document up on its website. WE will
have more information on that tomorrow. The other thing about the website, if the IT Department,
which I am confident in their abilities because they are tremendous and top notch computer and
technical advisors, if they are not able to get it up on the Town website because of the density of that
document, we will search for an alternative site and make that known. And as well, it will be available
at the Town Clerk's office.
MR. MARSCHEAN: How many pages is this about?
SUPERVISOR HORTON: It weighs about as much as I do, which isn't much but book to human...
MR. MARSCHEAN: Well then how can people, if they are going to attend these meetings, how are
they going to be made aware of this if distribution is probably going to be very limited because of the
size of the document.
SUPERVISOR HORTON: Well, they will be available at the public library, there will be two copies
at each library. One for the reference and one for people to check out.
MR. MARSCHEAN: Is there an Executive summary.
June 3, 2003
Southold Town Board
26
SUPERVISOR HORTON: Yes, there is.
MR. MARSCHEAN: How many pages is the Executive summary?
SUPERVISOR HORTON: I don't know the answer to that.
MR. MARSCHEAN: Because maybe the Executive summary could be something that you could
make up prior to these meetings.
COUNCILMAN WICKHAM: There is no real Executive summary to this document, unfortunately.
There is a summary chapter in the front but there is no short Executive summary.
MR. MARSCHEAN: Alright. Because the comments that I was going to make tonight, I think that I
will probably wait until one of these meetings, it would be more appropriate because what I wanted to
talk about was the infrastructure regarding, and I probably mentioned this once before in the Blue-
Ribbon Commission meetings, particularly with the respect to economics and some of the resources
that we have in the Town that some of them were mentioned this evening; such as water, electric,
waste, energy so I will wait until one of these meetings and make my comments at that time. So I
guess I will have to fight my way to the library and read this voluminous document then.
SUPERVISOR HORTON:
this meeting.
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Are there other comments from the floor? (No response) We will adjourn
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Southold Town Clerk