HomeMy WebLinkAboutTB-03/26/1985SOUTHOLD TOWN BOARD
MARCH 26, 1985
WORK SESSION
Present: 'Supervisor Francis J. Murphy, Councilman Joseph L. Townsend, Jr.,
J~Jstice Raymond W. Edwards, Councilman Paul Stoutenburgh, Councilman James A.
Schondebare, Councilwoman Jean W. Cochran, Town Clerk Judith T. Terry, Town
Attorney Robert W. Tasker :(9':30 A.M.).
8:30 A.M. - Plannin~g Board members Bennett Orlowski, Jr., Chairman, William'
Mullen, Ritchie Latham and Richard'W'ard 'met with the Board to discuss proposed
"Local Law in relation to dwelling unit density." The Planning Board members
emphasized that this proposal would affect only "M" District areas and there is
only one proposal before, their Board that would be'affected (Tidemark) and that
particular proposal is a long way from receiving approval. They stressed the
fact that this law would not hinder affordable housing projects as the areas that
presently have approval are for high-priced condominium units. If an affordable
housing project should come before the Planning Board they would be open to
working on increased density for such a project.
9:15 A.M. - Board of Appeals Chairman Gerard P. Goehrin~]er met with the Board
to discuss the need for part-time assistance in-his office. He has interviewed an
individual who is 'highly qualified and who is 'interested in the position and would
be willing to work the 17½ hours per week' maximum for the position. Mr. Goehringer
· outlined the number of pending appeals (;29 to date this year, plus approximately
50 carry-overs from :1984' and :1983, all of which require extensive research and
referrals to other agencies. In' addition to the proposed new assistant, he would
like to retain the services of Linda Taplin:who is only able to work a few hours
a week.--Mr. Goehringer and the Board discussed the need for. a prodedural guide
setting forth requirement~ channels necessary for applicants to various Town depart-
ments.
EXECUTIVE SESSION - 9:30 A.M. - Mr. Goehringer discussed inter-departmental
problems.
WORK SESSION Continued -: 9:'35 A.M. - The Board debated whether to hire one
'full-time Bay Constable (favored by Schondebare & Stoutenburgh), or one or two
part-time Bay Constables (favored by Murphy & :Townsend). This 'question will
be resolved at a letter date after interviews for the positi0~(s) have been held.--
Continued discussion of proposed "Local Law in'relation to dwelling unit density."
Supervisor Murphy favored enactment of the ]aw as is and a follow-up law to add
a grandfather, clause. Councilman Schondebare, Chairman of the Code Committee,
preferred the law be studied by the Committee and revised and presented to the
Board for a new hearing, at which time the law will include the grandfathe~ clause.
10:05 A.M. - Alice Huss.ey, SEACOM, addressed the Board coneerning objections
by certain members to a feasibility study by R. W. Beck for establishment of a
Municipal Electr, ic Utility in the Town of Southold. Mrs. Hussey outlined: the
dis{urbing inconsistency in reasons, for objection by Board members; sources of
power; inclusion of Shelter Island; use of contingent funds; engineer' making a
profit on the study; length of time for the study; comparison of LILCO increases
over the past few years; and the widespread support for. conducting a feasibility
study. Councilman Townsend argued that the $1'5,000 study would be of no avail
ahd would only lead to a further "$150,'000" study. Further, the needed power
will not be available, the cost will be prohibitive, and litigation will take many
years. James Bitses stated to the Board that the results of this initial study
will be the basis for a referendum which he favors.
10:50 A.M. - Discussion of off-agenda items: Letter from Long Island Citizens In
Action transmitting "Petitions to Suspend Current LILCO Rate Proceeding for
~68.7 Million and to Establish Shoreham '"Surcharge" ~Report on Electric Bills,"
which the Town Board supports.--Letter from Yown of Brookhaven transmitting:
Request to State Legislature to provide Environmental Impairment Liability Insurance
and/or Imposition of Municipal Liability Cap. The Board favors this and a similar
resolution will be placed on the April 9th agenda.--Reviewed the duties of the
Sanitation Supervisor and whether Rodney Douglass is fulfilling the responsibilities
of his position.
11:05 A.M. - The Board met with Helen Proud and Venetia'McKeighan, Director
of the Southold Town Nutrition Center, concerning Mrs. Proud's proposa~ for the
formation of a Health Issue and Availability Service Committee for the purpose
of coordinating and exchanging information on the full range of health services
within the Town. Mrs. proud outlined the spec~fih responsibilities and objectives
of such a committ'ee which she had submitfed to the Board in letter form on Februar{--]
4th.--Mrs. McKeighan stated that this~co0rdination and exchange has been going on l 1
for the past three years through the Southold Town Geriatrid Network. Mrs. ProudL: j
stated that she still feels there is a lack of information and other areas to be coordin-
ated besides gerial~ric.
11:30 A.M. - (31.adys Csajko, North Fork'Animal Welfare League, Inc. met with the
BoaJ~d to' propose an increase of' $2.50 for neutered and unneutered Dog Licenses,
and a current enumeration of the dog population in the Town which could result
in the licensing of over 1,000 unlicensed dogs in the Town. Mrs. Csajko proposed
hiring five people as "finders" who would be paid a fee of $2'.'50 per new dog license.
This ~would be covered by the increased license fee this year, and a plus to the Town
in following years. The project would be coordinated and under the direction and
control of the Town Clerk's Office. The question of whether a "finders fee" should
be paid to the enumerator~ or a per hour salary was discussed by the Board. ~This~
matter will'be given further consideration should the Board dec~de to adopt the
proposed increase in dog license fee following a public hearing on a Local Law for
same.--Mrs. Csajko also advised the Board that there is'a serious need for the
construction of a new Dog Pound building, the existing one being in extremely
poor condition.
12:30 P.M. -~Recess for lunch.
1:45 P.M. - Work Session reconvened and the Board continued disdussio~ of
off agenda and ag~da items: Contractor Disposal Permits--shouldn't these permits
cover the beaches as well? it was the Board's opinion they 'should and the Town
~Attorney will~draf..t a Local Law to, clarify this~i--Proposed pamphlet to be distrib~l~e~?
by Gate Attendants at the Landfill concerning submitt'ed by Councilman Townsen~l?'~
suggestions for which were provided by Landfill Sanitation Supervisor Douglass.
2.:~55 P.M. - Community Development Director James McMahon met with the Board to
explai~n'Resolution'No. 10 - Paul Flagg'm proposal to monitor the spawner sanctuary
clam proi~ct according to the Hard Clam Management grant from Suffolk County.
3:00 P.M. - Work Session recessed. To reconvene following the Regular Meeting.
REGULAR MEETING
3:00 P.M.
A Regular
.26, 1985 at the
Murphy opened
Meeting. of the Southold Town Board was held on Tuesday, March,
Southold Town Hall, Main Road, Southold, New York. Supervisor
the meeting at 3:00 P.M. witl~ the Pledge of' Allegiance to the Flag.
Present:
Supervisor 'Francis J. Murphy
Council.nan 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: We're going to hold off the approval of the bills today
until after. We're going to go into recess to dis(buss any-resolutions that the
Town Board is :not fully aware of or happy about and also to do the audit of
Fishers ISland bill§. I'd like a resolution to approve the minutes of the regular
meeting of March 12, :1985: first.
MARCH 26, 1985
201
Moved by Councilman Stoutenburgh,~seCOnded by Councilman Schondebare, it was
RESOLVED that the minutes of the Regular Southold Town Board Meetin.~ held on
March 12, 1985: be and hereby 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: I'd like another resolution setting the next meeting date
for April 9th, 1985,' 7:30 P.M., Southold Town Hall.
Moved by Councilwoman Cochran, seconded by-Justice Edwards, it was
RESOLVED that the next Regular Meeting of the Southold Town Board Will~be held
at 7:30 P.M., Tuesday,., April: 9, :1985; at the Southold Town Hall, Main Road,
Southold, New Yorl~.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justic~ Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
I. REPORTS.
SUPERVISOR MURPHY: Moving on to the first item on your agenda is reports.
1. Town :Justice Edwards monthly report - February :1985.
2. Town .Justice Tedeschi, annual report - ;1984~.
3. East End Counciling Project monthly report - January :1985'.
4. Police Department monthly report - February, ;.1985'.
I'd like to just state that these reports are all on file in the Town Clerk's
Office for anyoner who is interested.
5. Going to the Councilmen's Reports, I'!1 start on my right with Jay.
COUNCILMAN SCHONDEBARE: On March 20th we had a Commerce and Industry
Meeting.. At that time the usual questions - Where's the Master Plan? When's it
going to come.out?. I have my usual stock answer - Any minute. What they're
looking for in the. various Chambers is an economic impact that the Master Plan
will have on the community. They want to see something in terms of finances
as to what it would do to the Town at a later date. I think maybe this is some-
thing that we'd probably get into int he SEQR process when we get into the Master
Plan and implementation of the Master Plan. They're also looking into bring' high-
tech industry into the Town and one of the problems they have as they discussed
it is the amount of the LILCO bills and billing of high-tech industry. And that's
what we discussed.
SUPERVISOR MURPHY: Thank you, Jay. Joe?
COUNCILMAN TOWNSEND: Thank you, Frank. This has been a pretty active
week for me. Most of the Committees pm on met. The Landmark Commission met
and discussed the progress in the survey of historic structures. They are presently
trying to get a grant from--to, have SPLEA, which is an acronym ! can't explain'.
It's the Society for the Preservation of Antiquities--help them do this: They've
gotten--certainly most of the houses that have been built prior to 1800 and they're
working on those built from 1800 to 1820 in:that area. In accordance with their
mandate they've also expanded their activities to include educational activities and
at this meeting they had a presentation by Ralph~ Williams who's a member of the
Commission and it was a fascinating presentation. He. and Joy Bear worked on
a description of the evolution of housing in Southold Town and they took the very
first one, like the Old House in'Cutchogue, did'a floor plan, sketches and showed
how it evolved into the second and third type of Federal housing. It was a program
that lasted about an hour and a half, but I learned more in that hour and a half
about houses that I see every day in Southold Town and why they look they way
they do and the significance of their 'design, than I've learned in a lifetime of just
living here. It's hoped that they can take that to the Rotary Clubs, the schools,
make it part of maybe a school curriculum, because it is fascinating from very many
different angles. The Farmland Preservation Committee was meeting the same night
and I got a summary from them when I was through. Their appraisers have completed
all of the groundwork necessary to finish up the appraisals. They've got all the
comparables. They've made their general recommendations and indicated what the
property is going to come in for, approximately. One of the things that's interesting
to note is they feel the value of farmland or open land is going up at about a percent
a month, or better than a percent a month, so the sooner we. can Close on these
properties the better off we are. As you know, we've passed a bond issue for
a million seven *five to preserve farmland by buying the development rights from
the farmers. The value of the raw farmland is going up considerably. They feel
that within two months they'll have all the appraisals together and start making
offers. They're also counting on the County to come in and help buy up a lot of
the property that they won't be able to buy with their funding. I called a meeting
of the Landfill Committee and that was a very interesting meeting. There was a hot
discussion about it this ~norning about what's going on at the Landfill and management
and there's some disagreement among the Board as to the best direction to go. We
202 MARCE 26, 1985
did make progress in getting a brochure together-that will explain to people what's
happening bt'the.Landfill, where to go with their:debris, to eliminate some of the
confusion that's been going on. We're going to put a sign that will in a brief way
explain' the permit system and so forth for people that are coming to the Landfill
for the first time. I think we're making good progress in that area. That's'about
it.' There's an item on the agenda relating to a study for public:power and there
will be a vote on that on the first'issue. I did spend a l~t of time doing some
research on that. I'm afraid~-I'm not afraid--I'm afraid from my point of view,
based on a recent poll of the Board that it 'they're probably 9oin9 to pass that
resolution. I've opposed it because i feel that while' I do feel the majority of the
people want it,' and in a sense it's an order to us to pass .it, every now and then
when you feel You have a clear: view of all the issues involved in any proposal,
and you feel it would destructive and not productive, you have to disobey an order~r"~
And that's the reason I've been takin9 the positi6n I have taken on this'issue. I
fee[ I understand it and i feel it's 9oin9 to be not a productive use o'f that money
and it may in fact be the creation of'a tar baby that will:never--of the magnitude
of the Southwest Sewer District on our level, and I'm concerned about it. So that's
why I've been opposin9 it :and trying to convince people, or explain'to people my
position. Unfortunately it 'doesn't look like' that has happened. That's all I have,
Frank.
SUPERVISOR MURPHY: Thank you, Joseph, Paul?
COUNCILMAN STOUTENBURGH: Yes, at our last meeting I told you I had gone
to the DEC with our Wetlands Map and that was an informal meeting. I went back
again just to make sure that it was put on their~agenda and they understood ex.actly
how the Town Board felt and how important it was that our small parcels of fresh-
water wetlands be included and so I went to the public hearing that was announced
last Tuesday and I presented our case once again telling them that we would be very
glad to cooperate with anyone they sent out here so that we could take them to each
of these areas and determine exactly what was a. viable wetland and what was not. !
thought I might just add seeing Joe has put in a point about this power sitLiation--
this I don't know if it'S exactly the right place, but seeing Joe has started it I
thought I might just continue. I know very little about this 'and this would be one
reason that I would vote for this particular idea. i think that Joe had the background
possibly that I don't and I don't have that, so I want to know as much as possible
and I think this'study will do it, and when we' think that we can spend $80,000 for,._,
a road sweeper without--well, not exactly blinking an eye, and that's what we're
doing, we're bonding ourselves for $80,000 for a road sweeper-=-$15,000 doesn't
sound like too much money to open our eyes one way or the other on something
that so many people are concerned about and so I thought I would add that at this
point.
SUPERVISOR MURPHY: Thank you, Paul. Jean?
COUNCILWOMAN COCHRAN: Yes, I Would like to report that I did meet with the
Housing. Advisory Committee this past week. They spent. I .Woul¢l 'say ninety percent
of the evening again discussing and reviewing the proposed law on accessory apart-
ments. They did 'come up with a final draft which I believe was sent to our Super-
visor as a part of. further in~/estigation by all the different departments that would
like to have input into this: Lois Callis'-will be meeting with our Community Developer
in order to develop a needs questionnaire so that .they can really start digging in to
finding out exactly what types of housing is needed in'the Town of Southold to provide
and I'm getting more and more to dislike the term "affordable". I find myself beginning
to use "modest", since affordable is very difficCllt to defina. Depends on your income.
So they will'now begin' to investigate, now that they have this other thing out of the
way and they also will be breaking into sub-committees to begin'to investigate all the
types of housing that could possibl'y be a solution to our problem. Also I'd just like
to update you on the status of our Townwide Recreation Program. I sit 'here very
anxiously from week to week waitihg until we have a.director in place so that we can
get this program going before the summertime. ! have been assured by the Civil
Service people that they have classified the job and they have promised by this
Wednesday that they will be sending a local list so that we may begin:to set up
intervieWs with the people on the list and perhaps have our Recreation Director in
place very,: very shortly. That's it, Frank.
SUPERVISOR MURPHY: Thank you, Jean. Judge Edwards?
JUSTICE EDWARDS: A few bits of information from the l~land. With the spring
weather w[e're star.ting to get our summer people back in'. Q-uite' a bit of construction
on the Island this year, big, big homes to add to the tax list. The ferry boat is
coming along on schedule. I was told that next Board meeting I Will have some pictures
of it. It's just about eighty percent sheathed in'. It's being built' down in the Gulf
Coast in Florida. I have to agree with Joe on that' $1'5,000 for the study. I think
ten years from now we're going to find out that it was a waste of money. I know
I'm going to hear some moans out there, but when you. consider the amount of money
if you do go ahead with the municipal electric, the amount of money it's going to cost
and ! also realize' i am just as much,~,pa~t of Southold.as I am Fishers Island, but
we'll be getting shortchanged on tha~: ~;~ again'. Same way with the road sweeper.
! mean, we're spending' $8'5:,000 for a road sweeper, but the power, it's just if we
only knew down the road what was going to happen to LILCO, of course we don't.
The' $15,000 is a lot of money for a study where they have the paperwork already
sitting there and how much more we're going to gain from it I really don't know. I
sort of sympathiz'e' with Joe on it.' He's got more experience being a part of Greenport
as he was. It's a tough nut. Okay, that's it, Frank. Thank you.
SUPERVISOR MURPHY: Thank~ you, Ray. First thing I'd like to announce is
tomorrow night the Southold Town Water Advisory Committee is havin9 a local meeting
in Orient i~'Poquatuck 'l~all at 7:30 to discuss water problems. Martin Trent from
the Suffolk County Department of Health Services will speak. He's also a member of
this Committee, and mainly this is 'going to deal mainly with the Orient-East Marion
a~'ea and I'd advise anybody to please attend who comes from that area. Jam~3
Monsell from Greenport will be talking about supply and Dave Newton from the
Extension Service about water problems and what we could do with it. I't like to
congratulate our very good Committee, probably one of the best in the country and
they are 'doing a tremendous amount of work and this is one of the first steps in
informational meetings going out to the public: There will be one again'on April 10th
down in Peconic Rec Center for the area from Southold to the west and that basically
is how our water is'div~c~ed in Southold. Town. Arshamomaque Creek is'a cut-off and
under each of these areas, like down in Bayview or Nassau Point you have little cups
of water underneath and the one on the west end is'a litt'le bigger than the one down
the east end. The east end is "like a litt~le shallow dish and it's very important.. It's
going to be a very serious problem in"the very near future and I think everybody
should be enlightened so you know what to expect and you know why the Town Board
is;doing certain things. At the Supervisors Association, the .last meeting last Thurs-
day, it was agreed upon and we '~ill-be coming to.each town very shortly, for Suffolk
County to hire a Iobbiest to go up to Albany to represent Suffolk County. We spoke
to the s.upervisor of the Town of Greece which is from 'outside of Rochester. He's a
town of about 100,000 people, litt'le bigger than Southampton and they're, very interested
We hope to get various townships and. counties throughout the State interested' in this
proposal and all form this'~lobbiest. This ~is ;the first time ! guess the Governor probably~
will be using the 1980' census in figuring State Aid; Up to .now they've been using
:1970 and so you, could see how th~ towns on Long Island have really been short-
- changed just .on using the basic 'figures of population. We've been growing like crazy
and. cities have been losing population, but through the politii:S of Albany it's managed
to stay back in :1970. We have a promise that they're at least going to use the :1980
figures which will..help Suffolk County. The other I attended with Chief Winters and
Lieutenant Droskoski i'n Southold High School a Dru9 Awareness and Alcohol Awareness
Progra..m that they're putting on for the school children right from K through 12. It's
a fantastic program and it .'really is very, very rewarding to see the school districts
doing this; This is a big problem and we hope to even expand it.' Mattituck has one,
we hope now to get it ;down in to Greenport also. I think it :will go a long way to
solving a lot of our problems. The Handicapped Advisory Committee met and we had
a very interesting meeting. We are now doing a survey of all the Town Beaches for
the summer to see what beaches, can be made accessible to handicapped people and
if we have time we will do a survey of all the park distric~ beaches. We sent each
committee member a list and a drawing ot~ where they are and hopefully we'll be meeting
in about a month to analyze' and see what the Town has to do to bring our beaches
into compliance to aid and assis~ the handicapped. That's about it. The Lower Road
Sump hopefully will', be started this week with the bulldozing, the construction. We're
going to strip the top soil and then start digging the sump right after that. The
contractor has been hired and work should be starting which will'go a long way to
solving a major problem in this end of Town.
!1. PUBLIC NOTICES.
SUPERVISOR MURPHY: Moving on to the second item, Public Notices.
1. New York State D~partment of State letter objectin~ to the Corps of
Engineers hearing on a piece of property in Orient (Toscal Holding and Realty Company)
2. East End C6unselin'g Project for non-profit drug, youth, ~amily and mental '
health counseling clinic to hold its annual meeting on T'hursday, March 28, 7:30 P.M.,
Southampton Town Hall Conference Room,-the 2nd floor.
3. Corps of Engineers notice by Michael Carlucci to dredge with maintenance
at Conklin'Point Creek, Island View Lane, Southold. Comments to the Corps by
4/18/85:.
4. From our Highway Super.ntendent - Clean-Up Week in the Town of Southold:
April 22nd - Orient to Greenport. April 23rd - Moore's Lane, Greenport to South
Harbor Lane, Southold. April 24th - South Harbor Lane, Southold to New Suffolk
to Nassau Point to AlvahS Lane, Cutchogue. April 25th - Alvahs Lane, Cutchogue
to Laurel Lane in Laurel.
5. Department of Environmental Conservation Notice of Complete Application
by N. Charles DeLuca to subdivide a' 10.5 acre parcel into three 80,000 square foot
lots and one 4.4 acre lot for residential' development. Written comments by April
12th, 1985~.
2'0'4 i~At~CH 26, 1985
III. COMMUNICATIONS
SUPERVISOR MURPHY: Moving on to the third item on your agenda, Communications.
1. A very nice letter to the Town from Michael-Scheibel thanking the Town:
"...to extend our thanks and appreciation for your support in protecting our en-
dangered nesting terns and plovers." Paul Stoutenburgh has been our. contact
person and without him I'm sure this 'would never have happened.. It is 'notice to
get these letters back from the DEC who apprecial~e the work that various people
do in'the Town.
2. Letter from the Cutchogue Library thanking the Town for loaning them~.a
State Uniform Fire Prevention and Building Code book. They're from Victor (Lessard)
and Vicl~or's cooperation to the libi"ary. They'Pe in"the process of designing a new
addition to their ~building.. ~
3.
Letter from Dr. Herodotus Damianos telling us about a new video tape that~
will be ready of the winery of his in'Cutchogue (Pindar).
4. Letter from the Cutchogue-New .Suffolk Hisl~orical Council conce~,ni~g our
efforts and thanking the Town for their~support in trying to preserve Fort Corchaug:
5. Letter from the Cut~h.ogue-New Suffolk Chamber of Commerce in'support of
SEACOM and asking the Town to support and fund the study.
6. Symposium on Resource Recovery at Ho'fstra University which we'll ask 'our
Sanit~ition Supervisor Mr. Douglass to attend, and anyone else on the Town Board
who would lik~ to.
7. A nice letter to the Town from a young man in Greenport, Richard Diaz,
who became an Eagle Scout and the Town gave him a proclamation and he~s thanking
us for being so nice to him.
8. Concerning the STOP Program and we're going to have a meeting on April
8th, 7:30 P.M. at the Extension Service to discuss the whole east end cooperating
together. This will be sent out to all interested partie~, Town Board members. It's
a program to have a day set asid~ where any chemicals'that you have that you don't
know what to do with, please don't through them down your cesspool or take them
down to the Landfill and dump them with your garbage, hold on to them and we will
collect them a destroy them properly. This:date will'be announced, lt lwill,be in'
the fall. You Would be amazed at the problems we have in-trying to have a small
collection site down there. We would be lis~ed as a haza~-dous waste site if we
started to collect on .our own down there. T,he bureacracy is amazing.
I'd like at this~time a motion to recess to hold two public hearings that are
scheduled for this ~afternoon.
Moved by Councilman Schondebare, seconded by Councilman Townsend, it was
RESOLVED that a recess be called at thiS"time 3:30 P.M. for the purpose of holding
two public hearings.
Vote of the Town Board: .Ayes: Councilw, oman Cuchran, Councdm~n Schondeoare,
Councilman Stoutenburgh, Justic~ Edwards, Councilman Townsend, Supervisor Murphy.
. This resolution was declared duly ADOPTED.
IV. PUBLIC HEARINGS
3:30 P.M. - I.. th~ ma~te~ of a pruposed Local Law entities, "~. Local Law in relation
[o muor~ng, permit fees," a~ West Harbor, ~is[~ers Island.
3':35 P.M. - In the matter of a proposed Local Law entitled, "A Local Law to amend
~he ~own Wetlands urdlnance in relation to definitions, administration, enforcement
an~ ac.lo,, on opp,ic=tiuns.
~egula'~ Meeting reconvened at' 3:38 P.M.
V. RESOLUTIONS
SUPERIVSOR MURPHY: The first resolution is:a pending decision on a Relief
Petition by Harold and Frederick Reese.
Moved by Councilman Townsend. seconded by Councilman Stoutet~burgb. ~ ,,,,
WHEREAS. Harold Reese and Frederick Reese. by petition dated May 31. :1984 ap~ ,'
to the Southold Town Board for relief from the Bulk requirements of the Zonin~ Cod~;~P
with regard to a major subdivision entitled, "Harbor Lights, Section V," consisting
of approximately 39 acres, and located on the north side of North Bayview Road,
Southold, New York, and
WHEREAS, the Southold Town Board held a rehearing on said'petition on the 22nd
day of February, ~985, at which .time all persons were given an opportunity to be
heard thereon, now, therefore, be it
RESOLVED that harold Reese and Frederick Reese be denied relief ~rom the Bulk
reqirements of the Zoning Code as provided in Local Law No. 11 - 1983, with regard
to major subdivision entitled, "Harbor Lights, Section V," for the following reasons:
Petit~0ns did not diligently prosecute their application, and application for Sketch
Plan approval was not filed with the Southold Town Planning Board prior to January
1, ,1983.
MARCH 26, 1985
COUNCILMAN TOWNSEND: I migh~ poiifft'~iut that there were some mitigating factors
in this, but the way the law reads delg~s ¢0 not matter before that date. After the
date of January 1st thenil'there is :~'~J~ On the Planning Board's part it's signifiCant~
Before that it 'does not matter.
MR. HAROLD REESE: Mr. Murphy, could I say something?
SUPERVISOR MURPHY: Not at this time, sir. Are there any questions?
COUNCILMAN SCHONDEBARE: Yes, I have a question. It isn't a question so much
as a statement. The applicant maintain~ that in March of ,1982 he was requested by
the Chairman of the Planning Board not to pursue his 'application on subdivision
Section. V until Section IV was completed. The cut-off date was January of .1983.
To my mind it would appear from the file that the applicant:s position that he was
advised not to proceed is 'borne 'out by the minutes of the Planning Board, as well
as the testimony at the public hearing of the then Secretary of the Planning Board
who overheard the conversation. To my mind the issue then is whether or not the
applicant with due diligence pursued his application from March of .1982 when he was
advised not to proceed further, until. January of 1983. Actually he submitted them
in March of :1983'. The question I have is whether or not for almost a year of no
activity can we view that as due diligence under 'our Local Law, and believing every-
thing that the applicant says and as borne out, I feel'that he did not pursue the
matter with due diligence during that period of time. i'11 have to vote no.
SUPERVISOR MURPHY: Paul? Anyone else like to make a comment? Just one comment,
and to Mr. Reese, ! do agree that the Board certainly has put a tremendous amount of
time and effort into this and ! think--it'S a hard decision.
COUNCILMAN SCHONDEBARE: We spent a lot of time going over it. As you well
know, you've been in here I don't know how many times, for which we do apologize'.
1.-Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh,
Justice Edwards, Councilman Townsend, Supervisor Murphy. Abstain: Councilwoman
Cochran.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Moving on to the second one is a transfer 'of funds.
Moved by 'Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby authorize~ the
followin9 transfer withintthe General 'Fund Whole Town 1985; Budget:
From: A962 - Budgetary PrOvisiOns for Other Uses $1'0,'000.00
A:1:990.4 - Contingent $ '5,'000.00
Total: $15,000.'00
Into: A1440.4 - Engineer $15,000.00
to provide the necessary moneys needed to hire an engineerin9 firm to conduct
an Engineering Overview Study Establishin9 a Municipal EleCtric'Utility in the
Town of Southold.
SUPERVISOR MURPHY: Any questions?
COUNCILMAN SCHONDEBARE: Since everyone already, commented on this before
we even got to the resolution, you might want to do it again; because i think--
is it on the record? We had that on the record before~ their comments, right?
TOWN CLERK TERRY: During the reports part of the agenda.
COUNCILMAN SCHONDEBARE: !. view this" $1'5,000. 00 as probably a payment for
the tip of the iceberg and that we have a possibility of opening up Pandora'g Box
with regards to this matter. I'm not behind it.' I have grave questions with regards
to it. I've spent a lot of time with Councilman Townsend talking about this matter.
i spent a lot of time with a lot of other people talking about this matter and going
back and forth in'my head. Someone mentioned to me the other day as to how many
people came out and told me they were against this proposal? A~id frankly not one
person ever came up to me and told me no. And then the question was, how many
people have stopped me on the street and told me they were in favor of it or made
a phone call and told me they were in favor of it? And frankly, a heck of a lot of
people told me they were in favor of it.' ! then get into a philosophical debate as
to whether or not I substitute my personal opinion about this 'matter, or what clearly
appears to be the concensus of a great number of people, so on that basis I will
probably--and in fact I will vote in favor of this resolution.
SUPERVISOR MURPHY: Anyone else like to comment? (No response.) My only
comment is that I hope it's not to late and I hope it passes this time.
2.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. No: Councilman
Townsend.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: A big'step for Southold Town.
COUNCILWOMAN COCHRAN: Sure is and scares the life out of me.
3. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorize~ and
directs Supervisor Francis J. Murphy to execute an agreement between the Town
and R. W. ~eck ancl Associates for an Encjineerin9 Overview Study Establishin9
a Municipal Electric Utility in the '[own of ~outhold a~ a cost not to exceed
$15,000.00.
SUPERVISuR MURPHY: Any questions? (No ~esponse.)
3..-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, ;Justice Edwards, Supervisor Murphy. No: Councilman
Townsend.
This resolution was declared duly ADOPTED.
Moved by Supervisor Murphy, seconded by Councilman Schondebare,
WHEREAS, the Town of Southold, New York has initiated steps to comply with the
requirements of Section 360 of the General Municipal Law in forming, acquiring and
operating a municiPal electric utility system, and
WHEREAS, once properly formed and established as aforesaid, the Southold Municipal
Utility System will be qualified to purchas preference power and energy from the
Power Authority of the State of New York's. Niagara and St. Lawrence Power Projects
pursuant to the Niagara Redevelopment Act, and Federal Power Act and the New York
Public'Authorities Law, and ~
WHEREAS, the Town of Southold, New Yorkwill need approximately ten megawatts of
electric power and e. nergy to serve consumers to be served by the Town's municipal
utility d_istribution system, and
WHEREAS, the purchase of hydroelectric capacit~ and energy from PASNY appears to
provide the most economical source of bulk power supply for the Town of Southold,
New York, and
WHEREAS, the Town of Southoid, New York desires to enter into a long-term bulk
power supplX contract with PASNY to become effective on July 1, .1985: or at such later
date as the Town of Southold commences operations of its municipal utility distribution
System,
NOW, THEREFORE, BE IT RESOLVED that the Supervisor of the Town of Southold,
New York is 'hereby authorized and directed to make formal application to the Power
Authority of the State of New York for a contract allocation of ten megawatts of
hydroelectric power and energy, and
BE IT FURTHER RESOLVED that the Supervisor of the Town of Southold, New York
is authorized and directed to engage the services of R. W. Beck & 'Associates of
Wellesley, Massachusetts to prepare and .submit to PASNY an energy and demand
forecast for the period :1985-2006 as part of the Town's .application for an allocation
of hydroelectric power and energy.
SUPERVISOR MURPHY: Any 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 5 is'to execute an agreement.
5. 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 with the State of
New York Division of Equalization and Assessment for the following computer services
for the Assessors Office during the 1985 State fiscal year, April 1, :1985 th, rough
March 31, 19.86,: Assessment Roll and Levy Module (ARLM), Date Management of
Physical Inventories (DMT), and all valuation update, processing including impact.
O . .
5. Vte of the Town Board: Ayes: Counc.lwoman Cochran, Counc. lman Schondebare,
~~-~ ~, Justice Edwards, Councilman Townsend, Supervisor Murph~.,J-
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 6 is to accept a resignation.
COUNCILMAN STOUTENBURGH: I'd like to do this one for the simple reason it
was a student of mine and we're losing an awful good person here.
Moved by Councilman Stoutenburgh, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts, with
regret, the resignation of Public 'Safety Dispatcher Andrew J. Fict~rilli, 'effective
March 25, 1985', and extends to Mr. Ficurilli t~heir best wishes in his ~future
endeavors.
SUPERVISOR MURPHY: Any .questiof~S?~ '(No response.) I would just like to
comment that anyone who had to call 911 and got this man on the radio I'm sure
he was most helpful, very good young man. HE's leaving for a similar job in 'the
County at a 159',000 pay increase. I wish him'' well.
COUNCILMAN STOUTENBURGH: Can't hate him: for that.
6.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared 'duly ADOPTED.
SUPERVISOR MURPHY: Number 7 we're going to hold. '(Transfer of fundsr General
Fund Whole Town :1985: Budget.) Number 8 is to authorize' the Town Clerk to issue
a copy of our zoning maps and zoning ordinance to Suffolk County Department of
Real Estate.
8. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorize's and
directs the Town Clerk to issue a complimentary qopy of the Southold Town Z.oning
Ordinance and Southold Town Zoning Maps, with automatic'current updates, to the
Suffolk'Cohnty Department of Real Estate.
8..-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number; 9 is to establish a minimum base salary for benefits
in the Town of Southold.
Moved by Councilman Townsend, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby amends their'
resolutions of February 24, ;1981 and April 14, ~1981 establishin9 a minimum annual
salary base and minimum work week for all new employees to be quali&ed for
coverage under the medical insurance plan for the Town of Southold, as follows:
RESOLVED that the Town Board of the Town of Southold hereby
establishes, effective April 1, :1985:, a m~n~mi~m annual salary base
of $7',500.00 per year AND a minimum work week of at least 35 hours
per week, for all new employees to be qualified for coverage under
the r~edical insurance plan for the Town or Southold.
SUPERVISOR MU~,PHY: Any questions on k?
COUNCILMAN SCHONDEBARE: Yes, just let me state on the record that we've been
advised that this does not apply to any elected offici'als. It applies only to Civil
Service employees. With that understanding 1'11 go along with it. But if it ever
comes back up that this applies to everybody--we're going to change the law.
SUPERVISOR MURPHY: No, you're covered.
~.-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: I am covered under the old one, Frank.
SUPERVISOR MURPHY: Number :10 'is to accept a proposal of Paul Flagg.
10.
Moved by Councilman Stoutenburgh, 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 Town
and Paul J. Flagg, Marine Scientist, for his services in monitorin9 the spawner
sanctuary clam project acco. rdin9 to the Hard Clam Management grant from Suffolk
County, at a total fee of $4',500.00, all in accordance with Mr. Flagg's proposal
'dated March 14, :1985:, and provided Suffolk County approves Mr. Flagg's proposal.
SUPERVISOR MURPHY: Any questions? (No response.)
10.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenbur~h, Justic~ Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 11 is to set up a special' road improvement district
on Wendy Drive in Mattituck.
11.
Moved by Supervisor Murphy, seconded by Councilman Townsend,
ORDER FOR MEETING TO CONSIDER PETITION FOR STREET IMPROVEMENTS:
WHEREAS, a written petition, dated October 19, 1984, was heretofore duly filed
with this board pursuant to Section 200 Of the Town Law of the State of New York
for the improvement of a hiqhway in said'town known as Wendy Drive at Laurel,
in the Town of Southold, and shown and designated on a certain~map entitled "Map
of Wendy Drive at Laurel, Town of SouthoId, Suffolk County, N.Y." dated February
14, 1985', and prepared by Young and Young, Licensed Surveyors, and this 'day filed
in the Office of the Southold Town Clerk, by the permanent pavement of such portion
thereof as may be necessary, and the construction of such curbs~ gutters, catch
basins and drainage facilities as may be necessary; and
WHEREAS, it duly appears that such petition has been duly signed by the owners of
real estaste owning at least one-half of the entire frontage or bounds on both sides
of said highway; and
WHEREAS, it duly appears that such petition was also duly signed by resident owners
owning not less than one-half of the frontage owned by resident owners residing in
or along such highway; and
WHEREAS, such petition was duly acknowledged or proved by all the signers thereofI
in the same manner as a deed to be recorded; and
WHEREAS, the maximum amount proposed to be expended for the improvement of said
highways as stated in the petition is the sum of $6',000.00, it is, pursuant to the
provisions of said Section 200 Of the Town Law of the State of New York, hereby
ORDERED that the Town Board of the Town of Southold, Suffolk County, New York
shall meet at the Southold Town Hall r at Southold in said Town on the 23rd day of
April, 1985 at 3:30 o'clock in the afternoon of lhat day, for the purpose of considering
the said petition and hearth9 all persons interested in the subject thereof concernin9
the same.
SUPERVISOR MURPHY: Any questions? (No response.)
11.-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 12 is to authorize' Betty Wells, our Account Clerk
for payroll, to attend a seminar.
12. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was'
RESOLVED that the Town Board of the Town of SOuthold hereby authorize~ Betty
Wells, Account Clerk, to attend a meeting scheduled by the Retirement System
Employer Services Bureau at the ADP offices, Melville r New York, on March 28, ~
;1985, from 10:00 A.M. to 2:00 P.M., and the ~actual expenses for attendance at
this meeting shall be a legal charge against the Town of Southold.
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 13 is'9oin9 to be held for a little whil~ to 9et more
information from the Planninq Board. (The'. sum of money to be deposited with the
Town in lieu of park and playground in the major subdivision of Richard J. Cron
located on the west s~de of Aldrich Lane, Laurel.) Number 14 is to appoint two
individuals as part-time Public Safety Dispatchers for the Town of Southold P.D.
14. Moved by Justice Edwardsf seconded by CouncilWoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints the
follow!rig individuals as part-time Public 'Safety Dispatchers at the Southold Town
Police Department, effective immediately, at a salary of $5.50 per hour: James
Franke and Patrick Kaelin;
14.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 15 is to approve the reduction of the Letter of
Credit on a subdivision.
15. Moved by Councilman Schondebare, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby approves the
reduction in the Letter of Credit for Highpoint at East Marion, Section I~, from
' '$375,000.00 to $63, 000.00, all in accordance with the recommendation~of the Southo~d
Town Planning Board, Superintendent of Highways Dean, and Field Inspector John W.
Davis.
SUPERVISOR MURPHY: Any questions? (No response.)
15.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number .16 is to accept a bid'.
.16. Moved by Justice Edwards,' seconded by CouncilWoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
MARCH 26, 1985
of Tryac Truck & 'Equipment Co., Riverhead, New York, for supplyin9 the Town
with one (1) 1985 International Model 1654 Diesel Cab and Chassis with Aerial Lift,
less trade-in of one (t) 1976 Ford Cherry Picker Utility Truck, at a net price of
$41,995.00, all in accordance with the bid specifii:ations; $30,000.00 to be paid from
Street Lighting Equipment Account, and $11,995.00 to be paid from the Highway
Equipment Account.
SUPERVISOR MURPHY: Any questions? (No response.) This money is in his
budget. It doesn't have to be bonded.
.16.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Super~)isor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number ~17 is to accept another bid~
17.
Moved by Counci.lw0man Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of Tryac Truck &'Equipment Co., Inc., Riverhead, New York, for supplyin9 the
Town with one (1) 1985 International Model 2554 Diesel Cab and Chassis with a
Theile Model 12 Dump Body, at a net price of $4~2, 062. 00, all in accordance with
the bid specifications.
SUPERVISOR MURPHY: Any questions? (No response.) It"s in the budget also.
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 to hire a part-time Clerk-Typist.
18.'
Moved by Supervisor MurPhy, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Marlene
Buerkle as a part-time Clerk-Typist for the Southold Town Justice Court, effective
April I, '1985~, at a salary of $5,.00 per hour, for a maximum of 17½ hours per week.
: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 is to send the enabling legislatrion to our
Assemblyman to ~bmit to the State Legisl'ators.
Moved by Supervisor Murphy, seconded by Councilman Schondebare,
WHEREAS, this Town may request the State Legisl'ature to pass a special law relating
to its property, affairs of government, which law, by its terms, applies only to the
Town of Southold, and
WHEREAS, the Town Board -desires the introduction and enactment of a special law
entitled, "AN ACT authorizing the Town of Southold, County of Suffolk, to establish
a land acquisition fund and also authorizing said Town to impose a real property
transfer tax with revenues from said'tax to be deposited in' the land acquisition
fund," a copy of which is annexed hereto and made a part of this resolution, and
WHEREAS, a need exists for the passage of said'legislation because the Town cannot
enact such legislation by local law, and
WHEREAS, the Town Boards of the Town of East Hampton and Southampton have also
requested the passage of similar legislation for their 'Townships, now, therefore, be it
RESOLVED that the Town Board requests the introduction and enactin9 of said special
law, and be it further
RESOLVED that the Town Clerk is hereby directed to foward a copy of this resolution
to the Town's State Legislators as follows:
AN ACT authorizing the Town of Southold, County
of Suffolk, to establish a land acquisition fund and
also authorizing said town ~o impose a real property
transfer tax with revenues from said tax to be deposited
in the land acquisition fund.
The People of the State of New York, represented in Senate
and Assembly, do enac~ as follows:
SECTION 1. LEGISLATIVE FINDINGS AND INTENT
The'legislature finds that the protection and preservation
of open space, significant natural areas, places of special
historical 'or cultural significance, and the provision of
affordable housing, are public purpcses that greatly concerh
the people of the State. It is further found that techniques
such as the creation of land acquistion funds, permit local
governments to carry out such ~ rposes. Therefore, this act is
intended to enable the Town o3_ Southold, Suffolk County, to
210
MARCH 26, 1985
protect and preserve its open space, natural areas, historical
and cultural resources and provide affordable housing
opportunities through a land acquisition fund, financed by a
tax levied on the transfer of real property within the Town.
SECTION 2. DEFINITIONS
As used in this act, the following words and terms shall
have the following meaning:
(a) "Person" means an individual, partnership, society,
association, joint stock company, corporation, estate,
receiver, trustee, assignee, referee or any other person acting
in a fiduciary or representative capacity, whether appointed by
a court or otherwise , any combination of individuals, or any
other form of unincorporated enterprise owned or conducted by
two or more persons.
(b) "Deed" means any document, instrument, or writing
(other than a will) regardless of where made, executed or
delivered, whereby any real property or interest therein is
created, vested, granted, bargained, sold, transferred,
assigned or otherwise conveyed.
(c) "Real property or interest therein" means every estate
or right, legal or equitable, present or future, vested or
contingent, in lands, tenements or hereditaments, which are
located in whole or in part within the town. It shall not
include a mortgage or a leasehold for a stated term of years or
part of a year except where the term of said leasehold and any
options for renewal exceed forty nine years. It shall not
include rights to sepulture.
(d) "Committee" means the committee appointed by the Town
Board of the Town of Southold to act in an advisory capacity to
the Town Board with regard to land acquisitions.
(e) "Consideration" means the price actually paid or
required to be paid for the real property or interest therein,
whether or not expressed in the deed and whether paid or
required to be paid by money, property, or any other thing of
value. It shall include the cancellation or discharge of an
indebtedness or obligation. It shall also include the amount of
any mortgage, lien or other encumbrance, whether or not the
underlying indebtedness is assumed.
(f) "Fund" means the Town of Southold, Suffolk County,
land acquisition fund created pursuant to Section 3 of this
act.
(g) "Grantor" means the person making, executing or
delivering the deed.
(h) "Grantee" means the person accepting the deed or who
obtains any of the real property which is the subject of the
deed or any interest therein.
(i) "Recording Officer" means the Suffolk County Clerk
(j) "Town" means the Town of Southold, Suffolk County,
excluding areas within incorporated villages located therein.
SECTION 3. LAND ACQUISITION FUND AUTHORIZED
(a) The Town Board of the Town of Southold in Suffolk
Couhty, may establish, by local law, a land acquisitzon fund
for the purpose Of acquiring and administering rights in real
property within the Town (i) for the preservation of open
spaces and areas pursuant to section two hundred forth seven of
the General Municipal Law, (ii) for the preservaZion of
historic or cultural places and properties ~ursuant to article
5-k of said law, or (iii) as part of an urban renewal plan
pursuant to Article 15 of said law to provide residential
housing opportunities.
(b) The Town Board shall have the power to borrow money;
and issue bonds to effectuate the purposes enumerated in
paragraph (a) of this Section.
MARCH 26, 1985 ..........
211
(c) Deposits into.~the fund shail include (1) funds from
whatever source dep0s~%ed!>-~o' the' fund by the Town of
Southold, County of Suffolk, the State of New York, the United
States government, or any of their instrumentalities, agencies,
or political subdivisions; (2) voluntary contributions of money
and other liquid assets to the fund from any private source;
(3) revenues from taxes imposed upon the transfer of real
property interests as set forth mn Section 6 of this ach,
together payments of penalties under Section 11 of this act.
(d) Monies credited to said fund may be utilized to pay
the cost of acquisition of interests in real property
authorized pursuant to paragraph (a) of this Section, and the
costs and expenses for the care, maintenance, preservation and
improvement thereof.
(e) Said local law shall also provide' for a committee to
advise the Town Board with respect to land acquisition. The
number of members, powers, duties and procedures of said
committee shall be provided for in said local law consistent
with this act.
(f) The tax authorized by Section 6 of this act may only
be imposed where the fund provided for in this Section has been
created.
SECTION 4. MANAGEMENT PLAN PROVIDED FOR FUND
The Town Board s~all annually approve a report which is
consistent with the Town Master Plan. The report shall show all
real property interests then currently held by the Town,
including a description of the use thereof, and all
acquisitions, improvements or dispositions of real property
interests held by the Town at any time during the year,
including the reasons for such acquisitions, improvement or
dispositions.
SECTION 5. FISCAL MANAGE~V~ENT FUND
(a) The Town shall keep a full and accurate account of its
actions, including a record as to when, from or to whom, and on
what account money has been paid or received relative to this
act, and as to when, from and to whom and for what
consideration real property interests have been acquired~
improved, and disposed of.
(O) The Town Supervisor of the Town of Southold, Suffolk
County, shall keep a full and accurate account stating when,
from or to whom, and on what account money has been paid or
received relative to the activities of the Town and the open
space acquisition fund.
SECTION 6. TAX AUTHORIZED
Notwithstanding any other provisions of law to the
contrary, but subject to the limitations enumerated in this
act, the Town of Southold, Suffolk County, acting through the
Town Board, is hereby authorized and empowered to adopt and
amend local laws imposing a tax on each deed at the time it .is
delivered by a grantor to a grantee at the rate not to exceed
two percent of the consideration or value of the real property
or interest therein conveyed. A graduated rate of tax providin~
for an zncreased rate of tax for increased consideration may be
enacted in said local law, however, in no case shall the
highest rate exceed two percent.
SECTION 7. ADMINISTRATION OF TAX
(a) The tax authorized by this act shall be administered
and collected in such a manner as may be provided by local law
with such amendments in respect to administration and
collection as may be enacted.
(b) Nothing contained herein shall limit the authority of
the Town to enter into cooperative agreements for the
collection of the tax authorized by this act.
(c) A~rec~rdin~ officer shall not record a deed unless the
tax authorized by this act shall have been paid.
212
MARCH 26, 1985
SECTION 8. PAYMENT OF TAX
(a) The real estate transfer tax shall be paid by the
grantee. If the grantee has failed to pay the tax authorized by
this act, or if the grantee is exempt from such tax, the
grantor shall have the duty of paying such tax.
(b) For the purpose of the proper administration of this
act and to prevent the evasion of the tax hereby authorized, it
shall be presumed that all deeds are taxable. Where the
consideration includes property other than money, it shall be
presumed that the consideration is the value of the real
property or interest therein. Such presumptions shall'prevail
until the contrary is proven, and the burden of proving the
contrary shall be upon the grantor.
SECTION'9. EXEMPTIONS
(a) The following shall be exempt from the payment of the
real estate transfer tax:
1. The transfer of real property interests to The State of
New York, or any of its agencies, instrumentalities, political
subdivisions, or public corporations (including a public
corporation created pursuant to agreement or compact with
another state or the Dominion of Canada.)
2. The transfer of real property interests to the Unitod
Nations, the United States of America and any of its agencies
and instrumentalities.
3. The transfer of real property interests to any
corporation, association, trust, community chest, fund or
foundation organized and operated exclusively for religious,
charitable or educational purposes, or for the prevention of
cruelty to children or animals, and no part of the net earnings
of which inure to the benefit of any private shareholder or
individual and no substantial part of the activities of which
are used to influence legislation; provided, however, that
nothing in this paragraph shall include an organization
operated for the primary purpose of carrying on a trade or
business for profit, whether or no~ all of its profits are
payable to one or more organizations described in this
paragraph.
(b) The tax shall not apply to any of the following deeds:
1. Deeds which are or were used to secure a debt or other
obligation.
2. Deeds which, without additional consideration,
confirm, correct, modify or supplement a deed previously
recorded;
3. Deeds or conveyances of real property without
consideration and otherwise than in connection with a sale,
including deeds conveying realty as bona fide gifts;
4. Deeds given in connection with a tax sale;
5. Deeds given pursuant to mergers, dissclutions or
consolidations of corporations or transfers by or to subsidiary
corporations by a parent corporation for no consideration other
than cancellation or surrender of the subsidiary's stock;
6. Deeds of partition.
SECTION 10. LOCAL OPTION EXEMPTION
The Town Board may, by local law, allow an exemption not
to exceed one hundred thousand dollars of the consideration of
the conveyance of residential real property or interest
therein. Different rates of exemption may be provided for
improved and unimproved residential real property.
SECTION 11. PENALTIES
The Town Board may, by local law, impose penalties for
failure to pay the tax authorized by this act.
MARCH 26, 1985
SECTION 12. DISPOSITION OF RE~ENU~
Ail revenues collected by the Town puzsuant to Section 6
of this act shall be deposited in the land acquisition fund of
the Town, pursuant to Section 3 of this act.
SECTION 13. LIMITATION ON TAXING AUTHORITY
The authority to impose the tax provided for in Section 6
of this act shall terminate, if on December 31, 1994, there
shall be no bonds or other obligations of the Town issued for
the purposes authorized by this act.
SECTION 14. EXISTING POWER AND AUTHORITY
Nothing contained in this act shall be construed as
limiting the existing powers and authority of the Town of
Southold.
SECTION 15. SEVERABILITY
If any provision of this act or the application thereof
shall for any reason be adjudged by' any court of competent
jurisdiction be invalid, such judgement shall not affect,
impair or invalidate the remaznder of this act, but shall be
confined in its operation to the provisions thereof directly
involved in the controversy in which the judgement shall have
been rendered.
SECTION 16. REFERENDUM
The provisions of this act shall not become effective or
become operative in the Town of~Sou~hold until submitted to and
approved by a majority of the qualified electors of the Town of
Southold voting at a special or biennial town election pursuant
to the provisions of Article 6 of the Town Law.
SECTION 17. EFFECTIVE DATE
This act shall take effect immediately. _ _
COUNCILMAN SCHONDEBARE: Question. Mr... Tasker, did you look up and f~nd
out what Section 40 was of the Municips~ Home Rule Law?
TOWN ATTORNEY TASKER: Yes, that's the Home Ru~e Message, ! think.
COUNCILMAN SCHONDEBARE: We're not sending a Home Rule Message.
TOWN CLERK TERRY: I Will'leave out that part of it;~ This was the format the
Town of Southampton used.
SUPERVISOR MURPHY: Yes, leave that out, and just say, "this:Town may request
the State Legislature to pass a special law.,." and then we could amend our special
~aw.
COUNCILMAN SCHONDEBARE: And this is pursuant to Assemblyman Sawicki l~elling
us that we have to pass this resolution?
SUPERVISOR MURPHY: Yes. It's in. He called at lunchtime, it's in at 5:00 o'clock
tonight.
19.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 20 is to execute a grant agreement.
20. Moved by COuncilman Townsend, seconded by Supervisor Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby authorize~ and
directs Supervisor Francis J. Murphy to execute an agreement between the Count~(.
of Suffolk and the Town for a Rental Rehabilitation Project grant in the amount of
$13,400.00, all in accordance with the contractual agreement as approved as to form
and content by Town Attorney Tasker.
SUPERVISOR MURPHY: Any questions? (No response.)
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.
214
MARCH 26~ 1985
SUPERVISOR MURPHY: Number 21 is to adopt Local Law No. 4 - 1985.
21. MOved by Supervisor Murphy, seconded by Councilman Stoutenburgh,
WHEREAS, a proposed Local Law No. 4 - 1985: was introduced, at a meeting of this
Board held on the 8th day of November, 1984', and
WHEREAS, a public hearing was held thereon by this 'Board on the 12th day of
March, 1985:, at which time all interested persons were given an opportunity to
be heard thereon, now, therefore, be it
RESOLVED that Local Law No; 4 - 1985: be enacted as follows:
LOCAL LAW NO. 4- 1985
A Local Law in:relation to building set-back
requirements on lots adjacent to Water Bodies & Wetlands
BE IT ENACTED by the Town Board of the Town of Southold as follows:
(additions indicated by underline; deletions_by (brackets[}.
Chapter 100 (Zoning} of the Code of the Town of Southold.is hereby .
amended as follows:
Article XI thereof (General Requirements) is amended by adding a new
section thereto, to be section 100-119.2, to read as follows:
Section 100-119.2- Buildin9 set-back from water bodies and wet[ands
Notwithstandin9 any other provisions of this chapter, the foIlowin9
set-back requirements shall apply to all buildings located on lots,ad.iacent
to water bodies and wetlands:
A. Lots adjacent to LOng Island Sound.
(1
) All buildings located on lots adjacent to Lon~ Island Sound,
anc~ upon which t:qere exists a bluff or bank landward of the
shore or beach, shall be set-back not less than 100 feet from
the top of such bluff or bank.
(2) Exceot as otherwise provided in subdivision A(1) hereof, all
buildings.located on ors adjacent to Lono Is and Sound
be set-back not less~than 100 feet from the mean hi h
water 'mark of Lonq Island Sound.
All buildinqs located on lots adiacent to tidal water bodies other
than Long Island Sound, shall be set-back not less than 75 feet
from the mean high water mark of such tidal water body, or
not less than 75 feet from the landward edc~e of the tidal wetland,
whichever is c~reater.
All buildings located on lots adiacent to any freshwater body shall
be set-back not less than 75 feet from the edge of such wa1~er body,
or not less than 75 feet from the landward edge of .the freshwater
wetland, whichever is greater.
II. This Local Law shall take effect upon its filing with the Secretary of
State.
COUNCILMAN SCHONDEBARE: Just let the record reflect that I inquired of the
Building Inspector and the Building Department as to whether or not there are
any applications for building permits that would be affected by our passage of
this Local Law and would then require us to have a grandfather clause and he has
advised me that there are no such applications.
SUPERVISOR MURPHY: Any other questions? (No response.)
21.-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: Number 22 is to set a public hearing on a Local Law.
22.
Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 8:10 P.M.,
Tuesday, April 9, 1985:, Southold Town Hall, Main'Road, Southold, New York as
time and place for a public hearing on a proposed Local Law entitled, "A Local
i-aw in relation to Do9 License Fees," which reads as follows, to wit:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
(additions indicated by underline; deletions by [brackets].)
Section 38-11 (License fees) of Article II of Chapter 38 of the Southold
Town Code is amended by adding a new subdivision thereto, to be
subdivision C. to read a~ fnllnw~.
MARCH 26, 1985
215
C. Commencinq on July?/?9~5?.Vhe annual license fee for dogs, inclusi.v.e
of statutory fees, shall be as follows:
(1)
Seven dollars and fifty cents ($7.50) for a spayed or neutered
d, og,.
(2) Twelve dollars and fifty cents ($12.50) for an unspayed or
unneutered dog.
(3)
Fifty dollars ($50.), if no more than teD.,r,egistered purebred
dogs or purebred dogs eligible for rec~istration over the aoe
of six months are harboreo On the owner's premises at the time
(4)
o.f application.
Seventy-five dollars ($75.) if no more than twenty-five registered
purebred dogs or purebred dogs eligible for registration over
the age of six mo~ths are harbored 6n the owner's j~remises
at the time of ap~_plication.
(5)
One Hundred twenty-five dollars ($125.) if more than twenty-
five reg!stered purebr..ed..dogs, or p.urebced d..o.gs ~l. igible for.
r~}gistration over the age of six months are harbored on the
owners premises at the time of application.
II. This Local Law shall take effect upon its filing with the Secretary of
................ . .S_ta_Le .........................................................
22.-Vote of the To~n Board: Ayes: CouncilWoman Cochran, Councilm~n Schondeba.re,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This~resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 23 i.s'ariother public hearing on a proposed Local Law.
23.
Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 8:05 P.M.,
Tuesday, April: '9, '1985, Southold Town Hall, Main:Road, Southold, New York as
time and place for public hearing on a proposed Local Law entitled, "A Local Law
in relation to license fees for junkyards," which reads as follows, to wit:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
(additions indicated by underline; deletions by [brackets].)
Subdivision A of Section 54-6 of Chapter 54 (Junkyards) is hereby amended
to read as follows:
Ae
The fee for the license is hereby fixed in the sum of [twenty-five]
one hundred dollars [($25.')] ($100.00), which .sum covers not only
the cost of is§uing the license itself but also the cost of making the
necessary inspections of the premises to ascertain compliance with
the regulations herein prescribed.
...... [_.!._ _T._his. L__o~al___La_w..._shall take effec_t ~_po_n !_ts fi!ipg_.wil~h_.~h__e- Sec_retary .of._State._
23..-Vote ef the Town Board: - Ayes: Councilwoman Cochran, Councilmar, Schendebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
24.
SUPERVISOR MURPHY: Number 24 is to offer Deferred Compensation Plan to the
employees of our Town.
Rescinded August 27, 1985 Resolution #30
Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh,
WHEREAS, the Town of Southold wishes to adopt the Deferred Compensation Plan
for Employees of the New York State and Other Participating Public Jurisdictions
(the "Plan") for the voluntary participation of all eligible employees; and
WHEREAS, the Town of Southold is a local public employer eligible to adopt the
Plan pursuant to Section 5 of the State Finance Law; and
WHEREAS, the Town of Southold has reviewed the Plan established in accordance
with Section 457 of the Internal Revenue Code and Section 5 of the State Finance
Law of New York State; and
WHEREAS, the purpose of the Plan is to encourage employees to make and continue
carres with the Town of Southold by providing eligible employees witl~ a convenient
and tax-favored method of saving on a regular and long-term basis and thereby
provide for their retirement;
NOW, THEREFORE, it is hereby:
RESOLVED, that the Town of Southold hereby adopts the Plan for the voluntary
participation of all eligible employees; and it is further
RESOLVED, that the appropriate officials of the Town of Southold are hereby
authorized to take such actions and enter such agreements as are required or
necessary for the adoption, implementation, and maintenance of the Plan; and it
is further
216
MARCH 26, 1985
RESOLVED, that the Adminisl~rative Services Agency is hereby authorizei:l to file
copies of these resolutions and other required documents with the President of
the State of New York Civil Service Commission.
24.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 25 is to authorize' the Town Clerk to advertise
for bids for Cross Sound Ferry Improvements.
25.
Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizer and
direst the Town Clerk to advertise for bid~ for furnishin of all labor, material's
and equipment ncessary for the satisfactory completion of "Improvements for the
Cros~ Sound Ferry Services, Inc. - Site Work and Buildin9 FounOation Work, Orien'~
Point, New York," all in accordance with the plans, drawings and spefiifications
prepared by Ward Associates, P.C., and approved, by Town Attorney '[asker.
SUPERVISOR MURPHY: Any questions?
COUNCILMAN TOWNSEND: Yes. We didn't have a chance to discuss this in the
Work Session. This is 'the balance of the--this is regarding the grant we got from
New York State?
SUPERVISOR MURPHY: This will be the balance of the grant. That's the only
work for Ward Associat'es, about $1,20,000. Any other questions? (No response.)
25.-Vote of the Town Board: Ayes: CouncilWoman Cochran, Councilman Schondebare,
Councilman Stoutenbur§h, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 26' is a trailer permit.'
26.
Moved by Councilman Schondebare, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby Grants the applica-
tion of John B. Sepenoski, Jr. to temporarily place a modular home on his property
located on the south side of Old North Road, Sothold, for a period of six (6) month~r-~
from this date, all in accordance with his '.application dated March 21, 1985', The
Board aUthorizers the issuance of this perm t 'on the assurance by the applican~-~-hat
the modular buildin9 is to be located as applied for on a temporary basis and~?that
within six (6) months the same will'be moved to a permanent site on other portal'ns
of the applicant's premises, subject to the applicant obtaining all of the authorizations
and approvals of all agencies having jurisdiction thereof.
SUPERVISOR MURPHY: Any questions?: (No response.)
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 is to adopt a proposed Local Law.
27.
Moved by Supervisor Murphy---
WHEREAS, a proposed Local Law - 1985 was introduced at a meeting of this Board
held on the' 5th day of February, :1985:, and
WHEREAS, a publi~,'hearing was held thereon by this Board on the 12th day of
March, ,1985:, at~ W~hich time all interested persons were given an opportunity to be
heard thereon, now, therefore, be it
RESOLVED that Local Law - 1985 be enacted as follows:
LOCAL LAW - 1985
A Local Law to amend the Zonin9 Code
in relation to dwellinq unit 'density
BE IT ENACTED by the Town Board of the Town of Southold as
follows: (additions indicated~by underline; deletions by [brackets])
I. Section 100-116 of the Zoning Code of the Town of Southold is hereby
amended to read as follows:
Section 100-116. Dwelling unit density.
Notwithstanding any other provision'~f this chapter, each dwelling unit
in a multiple dwelling shall have [nine] twenty thousand [9,000] 20,000
square feet of land for each dwelling unit in the building where public
water and public' sewer are not provided, and shall have [six] ten
thousand [five hundred [6,500)] (10,000) square feet of land for ~
dwelling unit in the building where public water and public sewer are
provided.
27.
Ta bi ed
MARCH 26, 1985
II. This Local Law shall take effect' Upon its filing with the Secretary of
S ta te. '~ ,
COUNCILMAN SCHONDEBARE: ! thought we agreed this resolution was 9oing to
the Code Committee. That was my understanding, what we agreed to.
COUNCILMAN STOUTENBURGH: I think he's right there.
SUPERVISOR MURPHY: I didn't know.
COUNCILWOMAN COCHRAN: I thought that was the conclusion we reached.
Sometimes it's hard to tell.
SUPERVISOR MURPHY: Would someone like to make a motion to table this resolution?
Moved by Councilman Schondebare, seconded by Councilman Townsend, it was
RESOLVED that Resolution No. 27 (proposed Local Law entitled, "A Local Law to
amend the Zoninq Code in relation to dwelling unit density,")be TABLED until
the April 9, 1985 Town Board Meeting and be referred to the Code Committee
in the interim for possible revision.
27.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Tabled Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This:resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Would you like to act on the .public hearing we had today
for a Local Law in relation to mooring fees on Fishers Island? Any problem? (None.)
28.' Moved by Supervisor Murphy, seconded by Justice Edwards, ..
WHEREAS, a proposed Local Law No. 5 - '1985 was introduced at a~meeting of this
Board held on the 12th day of March, 1985:, and
WHEREAS, a public hearing was held thereon by this Board on the 26th day of
March, 1985:, at which time all interested persons were given an opportunity to
be heard thereon, now, therefore, be it
RESOLVED that Local Law No. 5 - 1985: be enacted as follows:
LOCAL LAW NO. 5 - :1985
A Local Law in Relation to mooring permit fees in'West Harbor
BE IT ENACTED by the Town Board of the Town of Southold as follows:
(additions..indicated by underline; deletions by (brackets].)
Chapter 32 of the Code of the'Town Of Southold is hereby amended as follows:
Section 32-39.2 B (3) of Article I11 (Mooring Permit Fees in West Harbor)
is hereby amended to read as follows: ..
Siz'e of Boat
Permit Fee
Up to 25 feet
26 feet to 35 feet
Over 35 feet
All nonresidents
$ 10.00
25.00
50.00
[ 50.003 100.00
2. This Local Law shall take effect upon its filing with the Secretary of
State.. ....................
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: Now, would you like to do the Wetlands also? (Agreed.)
29.
Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh,
WHEREAS, a proposed Local Law No. 6 - 1985 was introduced at a meeting of this
Board held ont he 12th day of March, :1985:, and
WHEREAS, a public hearing was held thereon by this Board on the 26th day of
March, 1985, at which time all interested persons were given an opportunity to be
heard thereon, now, therefore, be it
RESOLVED that Local Law No. 6 - 1985: be enacted as follows:
LOCAL LAW NO. 6- 1985
A Local Law to amend the Town Wetlands Ordinance in relation to
definitions, administration, enforcement and action on applications
BE IT ENACTED by the Town Board of the Town of Southo]d, as follows:
Chapter 97 of the Southold Town Code (Wetlands) is hereby amended as
follows: (additions indicated by underline; deletion by [brackets])
The term "-l"idal Waters" set forth in Section 97-13 thereof (Definitions)
is hereby amended to read as follows:
218
MARCH 26, 1,985
TIDAL WATERS - All waters bordering on or within the boundaries of the
Town of Southold subject to fluctuation in depth from peak lunar, storm
or normal tidal action; and including, but not limited to all brackish and
salt waters of streams, ponds, creeks,' estuaries, bays, sounds and inlets.
11. The term "Wetlands" set forth in 'Section 97-13 thereof [Definitions) is
hereby amended to read as follows:
WET LANDS;
A. - Tidal Wetlands.'
(1)
All lands generally covered or intermittenly covered with, or
which border on tidal waters, [and upon which salt meadow
grass (Spartina patens) and/or cord grass (Spartina alteniflora)
grows or' is capable of being grown], or.lands lying beneath tidal
waters, which at mean low tide, are covered by tidal waters to
a maximum depth offiv~ (5) feet; including, but not limited
to banks, bogs, .salt marsh, swamps, meadows, flats or other
low lying lands subject to tidal action; and/or
(2) 'All banks, bogs, meadows, flats and tidal marsh subiect to such
(3)
tides, and upon which qrows or may grow some or any of the
foIlowinq: salt hay, black grass, saitworts, sea lavender, tall
cordgrass,.high'bush, cattails, groundsel, marsh mallow, and
low marsh CordgTass; and
All land immediately adiacent to a tidal wetland as defined in
Section 97-13A(2) and lying within seventy-five (75) feet landward
6ffthe most landward edge of such a tidal wetland.
111.
follows:
B. Freshwater Wetlands.
ii) Freshwater wetlands as defined in Article 24, Title 1, Section
24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental
Conservation Law of the State of New York [.]; and
(2) All land immediately adiacent to a freshwater wetland, as defi~,ed
in Section 97-13 B(1), and lying within seventy-five '(75) feet
landward of the most landward edge of a freshwater wetland.
Section 97-20 [Permit required) thereof is hereby amended to read as
A. Permit reouired
Notwithstanding any prior course of conduct or permission granted,
no person shall conduct operations on any wetlands in the Town of
Southold unless he shall first obtain a written permit therefor issued
by authority of the Trustees as hereinafter provided, and only while
such permit remains in effect.
Notwithstandino the provisions of subdivision A of this section, the
Trustees may, -by resolution, waive the reeuirement of a oermit witt~
respect to lands immediately adjacent to wetlands, as defineo in section
97-13A(3) and/or section 97-13BI2), if the Trustees find and determine
that no operations are proposed on such lands, or that tneooerations proposed
thereon comply witt; [he stanoards set forth in Section 97-28 of this chaoter.
IV.
Subdivision C of section 97-24 thereof (Actio~ on Application) is hereb, y
amended to read as follows:
Action. [Within thirty (30) days after] after the public hearing
on such application, the Trustees shall either adopt a resolution
directing the issuance of a permit or adopt a resolution denying
the application therefor. A resolution directing the issuance of
a permit may be adopted only if the Trustees find that the
proposed operations will conform to the standards set forth in
section 97-28 hereof. If the Trustees adopt a resolution denying
an application for a permit, the reasons for such denial shall be
set forth in such resoIution, lin the event that the Trustees
shall fail to act on such application within the time prescribed
herein, such application shall be deemed to have been approved
and the Clerk shall issue a permit authorizing the operations
app led for.]
V. Section 97-30 thereof [Enforcing Officer) is hereby amended to read as
follows:
VI.
Section 97-30 - Enforcing officer
It shall be the duty of the [Building Inspector] Bay Constables (hereinafter
referred to as the "Bay Constable" to administer and enforce the provisions
of this Chapter.
Subdivisions A, D and E of section 97-31 thereof {Notice of Violation) are
amended to read as follows:
Section 97-31. Notice of Violation
Whenever the [Building Inspector] Bay Constable has reasonable
grounds to believe that operations regulated hereby are being
conducted in violation of the provisions of this chapter or not in
compliance with a permit issued pursuant to this chapter, he may
notify the owner of the property, or the owner's agent or the person
performinq such operations, to suspend all operations, and any such
person sh~ll forthwith cease operations until such not[ce of violation
has been rescinded.
.E.
The [Building Inspector] Bay Constable may extend the time of
compliance specified in the notice of violation where there is evidence
of intent to comply within the time specified and conditions exist which
prevent immediate compliance.
In the event that the person upon whom a notice of violation has been
served shall fail to comply with said notice within the time specified-
therein or within the time specified in any extension of time issued
by the [Building Inspector] Bay Constable, any permit issued to such
person pursuant to this chapter shall be deemed revoked.
VII. Subdivision A of Section 97-33 thereof (Penalties for offenses) is hereby
amended to read as follows:
Sect[on 97-33. Penalties for offenses.
For each offense agains~ any of the provisions of this chapter or any
regulations made pursuant thereto, or failure to comply with a written
notice or order of any [Building Inspector] Bay Constable within the
time fixed for complianc~ therewith, the owner, occupant, builder,
architect, contractor or their agents or any other person who commits,
takes part or assists in the commission of any such offense or who
shall fail to comply with a written order or notice of any [Building
Inspector] Bay Constable shall, upon a first conviction thereof, be
guilty of a violation punishable by a fine of not exceeding five hundred
dollars ($500.) or imprisonment for a period not to exceed fifteen'(15)
days, or both. Each day on which such violation shall occur shall
constitute a separate, additional offens'e. For a second and subsequent
conviction within eighteen (18] months thereafter, such person shal
be guilty of a violation punishable by a fine not exceeding one thousand
five hundred dollars ($~,500.) or imprisonment for a period not to
exceed fifteen (15] days, or both such fine and imprisonment.
VIII.This_ Local La_w shall take effect ~pon its filj_ng.with the Secretary of State.
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: That's the end of the prepared and amended agenda. At
this time I would like to ask any Town E~oard Members if 'they would like to have
anything further to say? Starting with Judge Edwards.
JUSTICE EDWARDS: Nothing at this 'moment, Frank.
SUPERVISOR MURPHY: Jean?
COUNCILWOMAN COCHRAN: Nothing, thank you.
SUPERVISOR MURPHY: Paul?
COUNCILMAN STOUTENBURGH: Nothing.
SUPERVISOR MURPHY: Joe?
COUNCILMAN TOWNSEND: One comment, Frank. On Communications, I think
maybe we should change the kind of thing--not H.,_t letters of appreciation and
thanks are not appropriate to Communciations, and I think they are, but I think
220
MARCH 26, 1985
also the intent of that has been to put letters of interest to the Town and letters
that are significant. For instance, letters from HUD saying that we are being--our
allocation is being cut. It's put on for our information. You give it to us for our
information, but ! think it's also signifiCant--I pulled out a few of the ones I thought
should be listed under Communications and one of them was the letter from Greg
Blass regarding the County's proposal on housing. One from David Harris on health
on the shellfish thing which was an issue at a previous meeting. You know, the red
tide thing, because this is something that you responded to them and they responded
back to us and it keeps the Town more--just it's getting to be sort of a--Communications
is getting .to be a pro-forma kind of thing where only the pats on the back are recorded
and I think we should put all information that's significant that can stand---
SUPERVISOR MURPHY: Make the agenda a little bigger--okay, we'll take it into ~
consideration. I 'I
COUNCILMAN STOUTENBURGH: Frank, I think it's important in the sense that
the people in the audience understand what's, coming in and out. It's worthwhile
I think. Just a short note.
SUPERVISOR MURPHY: Okay. Jay?
COUNCILMAN SCHONDEBARE: Can we--on this agenda can we stop with the--why
don't we just have one heading. We had Off-Agenda when we started out and then
we go to For Discussion and Discussion and Possible Resolution. Why don't we just
take For Discussion and Possible Resolution and put it back into Off Agenda. Why
do we have two separate categorieS? We walk around with two separate files and it
gets kind of confusing. It should all be one, Off Agenda.
SUPERVISOR MURPHY: If you want to have a resolution, it's much easier on the
Town Clerk, especially a short day like today, not to be running around making
new resolutions, where it's much easier if 'you don't want it 'we'll just hold it up,
but if we want it it 'makes it much simpler to follow along on the Agenda.
COUNCILMAN SCHONDEBARE: Why don't we do that first so that we have it. Just
categorize' it better. It's getting confusing. I spoke to Chris and she agreed, it's
getting confusing. It has to be changed.
SUPERVISOR MURPHY: Come up with some suggestions.
COUNCILMAN SCHONDEBARE: A simplifi'~d version of what we're doing.
confusing.
SUPERVISOR MURPHY: Okay.
COUNCILWOMAN COCHRAN: I have a suggestion also. Under the Work .Session--
this is the day for it--under the Work Session Agenda when you see a name you
have no idea whatsoever why they're coming in or what they want. Now I see John
Wickham here at 2:00 o'clock. I don't have the slightest idea. I would apprecial~e
it if you would put John Wickham and iust re: what he is. coming in to see us about.
COUNCILMAN SCHONDEBARE: Did he cancel, by the way?
SUPERVISOR MURPHY: No.
COUNCILWOMAN COCHRAN: ONe little word. Tell me why these people are coming
before us so you, can be prepared to do your job.
SUPERVISOR MURPHY: Anyone else have any other comments? (No response.)
If not I would like to ask if there is anyone in the audience would like to address
the Board? Mr. Reese?
MR. HAROLD REESE: i did not hear what the final outcome was on our application
for exemption in Harbor Lights. . Q
SUPERVISOR MURPHY: It was defeated, sir. -~.
MR. REESE: It was defeated. What was the vote?
SUPERVISOR MURPHY: Five to one.
COUNCILWOMAN COCHRAN: One abstention.
SUPERVISOR MURPHY: One abstention. Anyone else like to, comment? Mr. Bear.
MR. FRANKLIN BEAR: For many months, many, many months we've been told that
the Town Master Plan would be read in a couple of weeks. I think that the time has
come for some real pressure to be brought to bear to get that Plan. It must be' a
year overdue by now, it's a long time anyway and during the time that we're waiting
for that more subdivision requests are coming in. We were told when we were asking
for a moritorium about two years ago~ or more, that a moritorium would, cause developers
to flock in while' the mo~korium was 6~. ~'I)~/~11, the developers have been flocking in
ever since. I think it's time we got that Town Plan and got the Town Plan implemented
for Zoning and get on with the job of protecting the future in~the Town of Southold.
SUPERVISOR MURPHY: We just met with the Planning Board this morning, Frank,
and again we got the same story that it'S. coming very shortly to the Town Board.
They do have their'draft copy. That's been in~ They've had it 'about a month and
a half I would estimate.
MR. BEAR: When are we actually going to get it? Have you been in contact with
them about it?
SUPERVISOR MURPHY: It's given to the Planning Board. The Planning Board has
to present it to the Town Board. The Planning Board is reviewing the final phases
of it with them.
MR. BEAR: A couple of weeks from now will be our next meeting. I'll iust see whether
it'~ here or not.
SUPERVISOR MURPHY: I would hope it is.
MR. BEAR: I would hope so.
SUPERVISOR MURPHY: Ruth?
MRS. RUTH OLIVA, President, North Fork Environmental Council: Yes, I just wanted
to make the comment on the dwelling unit 'density. I certainly hope that it does go
through the Code Committee most expeditiously and gets back here by the next Board
meeting and I certainly felt, after lis[ening to the Planning Board, and I'm sorry they
weren't able to explain it to all of us before this morning, that my questions certainly
were answered, namely one that why do it now when the Master Plan, hopefully, will
be out shortly, and they assured us this'is'really the basis of the Master Plan for
multiple housing will be the four and two. And also that this really wouldn't affect
any plans that were in the hopper now. So I don't see that it 'would perhaps even
have to have a grandfather clause. If you decide that legally it should be, fine,
but there is no one really that's going to affect. And also that people that have
come in with plans to the Planning Board for affordable housing, perhaps a litt'le
bit on the upper .scale, but that they can make money on quarter acre zohing, so
I feel that all the~e three things have been answered to our satisfaction and we
would hope that you would move very quickly on it. Thank you.
SUPERVISOR MURPHY: Thank you. Is there anyone else in'the audience would
like to comment? Sir?
MR. GEORGE. WETMORE: I think the Chamber of Commerce has taken a position on--
the Chamber of Commerce and several other people on the Housing Committee--on the
density thing, feel that this should be studied. We're talking affordable housing
which seems to be getting to be a dir[y word and some guy says' $50,000 and another
guy says $1'00,000 is affordable house. I think When the analysis'is in on the incomes
and the people we're trying to help--they're applied $20,000 to' $30,000, maybe $3'5,000
combined incomes, ~ind affordable housing---or are you going to help your people or
not? On the position of the Chamber of Commerce, we've discussed it at length with
the Commerce and Industry Committee, with Mr. Schondebare. We definitely want some
kind of economic input in this Master Plan. You have to study what you're going to
do. You're talking about milliohs in dollars in damages to the farmer, to whoever.
Take your time. I think the economic analysis should be done. You're talking maybe
massive increases in taxes to the people who are pushing save the area are going to
cut their own throat and have to sell out and get out. So study it. Ten years,
twenty years down the road this is 'a thing that will"affect you and we would like
you to definitely give thorough thought before you adopt. Thank you.
SUPERVISOR MURPHY: Anyone eJse like to address the Board?
MR. HAROLD HAUPT, Southold: On Resolution 3, after that resolution is presented
back to you people, will' it be presented to the Town for a vote? (The R. W. Beck
study.)
SUPERVISOR MURPHY: Oh, yes, it will :be presented to the Town Board.
MR. HAUPT: Okay. On Resolution 4, do you mean at the bottom April 1, 1985
to March 31, 19867 You have 1985'. You seem to be going backwards on that.
TOWN CLERK TERRY: That's just a typographical error. It should be Mar, ch 1986.
MR. HAUPT: Just a little thing on the study that you're going to make. You just
passed a resolution to buy--.accepted the bid of'$42,000 for one truck (utility truck).
I hope that this truck is good enough to do everything if this study comes out--
222
MARCH 26, 1985
that you go to an electric company, because ~that one truck, when you start looking
at that one truck, you'll need about six and people to operate it. So I think the
study--and Mr. Townsend said he had a lot in his mind, there's an awful lot and
it's the difference between what Greenport Power and Light has got and what you
people, if you go to a Southold Town Light and Power Company, it's going to be
two different ballgames all together. Thank you.
SUPERVISOR MURPHY: Thank you, sir. Anyone else like to comment? (No response.)
Okay, at this time I would like to recess the Town Board meeting so that we could
have some unfinished business and an audit of today's bills so we could include it
in the warrants.
Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was
RESOLVED that this Town Board Meeting be and hereby is recessed at this time
4:20 P.M., to reconvene following audit of the outstanding vouchers and Work
Session discussion.
WORK SESSION
4:30 P.M. - The Board audited outstanding vouchers.
4:45 P.M. - Justice Edwards presented the Board with a packet of information
concerning Avenue "B" Drainage,on Fishers Island. He advised the Board that
funds were allocated for this project thorugh Community Development Year IX
Funds and then withdrawn when it was di.s~overed the income level on Fishers '
Island did not qualify for use of those funds. He stated that on the word of
Community Development McMahon he engaged the services of Chandler & Palmer
Engineers to prepare a survey of the drainage problem and presented Mr. McMahon
with the unpaid bill in November :1984:. During October of :1984, after a discussion
with Superintendent of Highways Dean, 'Justice Edwards solicited bids from Fishers
Island contractors for the project, but was advised later that Mr. Dean only wanted
prices, not bids. To date nothing has been done about the drainage problem on
Avenue "B" and the Chandler Palmer bills has not been paid:,-Supervisor Murphy
advised the Board that Justice Edwards had no authority to advertise for,bids, or
engage Chandler & Palmer and when he recently saw the bill a letter was sent to
Chandler & :Palmer asking for further information as to who had engaged their
services. Councilman Schondebare stated that in his 'opinion anything in question
concerning Fishers Island should be directed to Justice Edwards and if there was
a question concerning a bill pertaining to Fishers Island Justice Edwards should
have been contacted, it was decided that this bill would be paid'from the General
Fund Drainage Account.
5:08 - Work Session adjourned.
REGULAR MEETING - reconvened 5:10 P.M.
Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was
RESOLVED that the followin9 audited bills be and hereby are ordered paid:
General Fund Part Town bills in the amount of $1',404.74; Highway Department
bills in the amount of $360.00; Fishers Island Ferry District bills in the amount
of $9,129.98.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
Moved by Councilman Townsend, seconded by Justice Edwards, it was
RESOLVED that this Town Board meeting be adjourned at 5;12 P.M.
Vote of the Town Board: Ayes: Councilwoman Coch--------~an-~ C--~u--ncilm-----~n Schondebare,
Councilman Stoutenburgh, Just.ce Edwards, Councdman Townsend, Supervmor MurpV;~'~'
This resolution was declared duly ADOPTED.