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HomeMy WebLinkAboutTB-07/16/1985389 SOUTHOLD TOWN BOARD JHIY 16. 198~ WORK SESSION Present: ~upervisor Francis J. Murphy, Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards, Councilman Paul Stoutenburgh, Councilman James A. Schondebare, Councilwoman Jean W. Cochran, Town Clerk' Judith T.. Terry, Town Attorney Robert W. Tasker. 8:30 A.M. - The Board audited outstanding bills. 9:15 A.M. Community Development Director James. C. McMahon, Landmarl~,,Preservation Commissioner members, Joy Bear and Wdl.'am Peters~ met with ~h~ Board To d~scuss the proposed Cultural Services. Contract (see Resolution No. 21) between the Town and the · New York _State Council on the Arts, for a' '$6=,'000 grant._._' .... Mr. McMahon also advised the Board that the .STOP' Program day at the Landfill will be September 14th and an EnvirOnmental Impact Statement must be prepared and the Board declare, themselves lead agency for this project (see Res01u-~io,~ No. 22); and he discussed the NY5 Dept. of AgriculTural & Marl~.ets grant which was originally intended for the 'purpose of Bayment harvesting polluted clams and transplanting them in the creeks. Circumstances have.changed and under the Green Seal. Committee, the Town will be entitled to' 900'. bushes of clams which are. to be picked up at Manhasset Bay and transplanted in August, possibly in Goose Creek and Corey. Creek.· He plans to meet With the Baymen to discuss their:concerns relative to this project. 9:55 P.M. -Supervisor Murphy introduced his :daughter Barbara, a teacher at BOCES, who was in attendance with four youngsters from her Gifted and Talented Children Class. 10:00 P.M. - The Board addressed the following items for discussion: (Costello Final ElS decision to be held until Mr. Costello can be in attendance.)---Request for refund of Greenbriar Homes, Inc. inspection fee - to be referred to the Planning Board and Highway Department for a report,of costs incurred by those departments.--Pending decision on Hodor/Staller petition for relief from the bulk requirements of the Zoning Code. Board is generally agreed the applicant is responsible for the actions of his surveyor and Councilman Schondebare 'wil[iwork with Town Attorney Tasker on a proposed resolution for the July '30th agenda. 10:30 'A.M. - Board ~eviewed agenda resolutions. 11:05 A.M. - The Board discussed the upcoming trip to Fishers Island for the Annual Town Board Meeting to be held there on August 7, 1985. It .was agreed that based upon expectations of the Fishers Island residents, the usual :Town,- County and State officials would be invited. It was further agreed that the maximum amount to be expended for food would be $500'.00, and Councilman Townsend volunteered to make arrangements for same. 11:15 A.M. - With John Costello and consultant Merlon Wiggin present, the Board- reviewed proposed resolution No. 25 - decision relative to Costello Final Environmental Impact Statement. The Board, afte~ Considerable debate, agreed, with the exception of Councilman Stoutenburgh, that,,the decision Of non-significance should be adopted in connection with Mr. Costello's petition for annexation of 48.7 acres into the Incorp- orated Village of Greenport. Councilman Stoutenburgh expressed is belief that the proposed annexation and housing project planned by Mr. Costello would be a significant effect on the environment. At the urging of Supervisor Murphy, who said'Mr., Costelio should have an indication of the Board's position on the proposed annexation, the Board took an informal vote relative to same, with Supervisor Murphy, Councilman Stoutenburgh Councilman Schondebare and CouncilWoman Cochran voting to ,reject the petition, and Councilman Townsend and Justice Edwards~ voting in favor_.of it; 12:05 P.M. - Recess for lunch. 1:55 P.M. - Work Session reconvened and. Chief Winters met with the Board to report on a metting he attend with LILCO in the morning concerning projected brown-outs of 3% to 5% in the near future and the possiblity that LILCO wili.-cut off certain areas throughout the Island for half hour durations to reduce energy. 2:05 P.M. - The Board reviewed the proposed Costello SEQR decision and other~ agenda and off-agenda items. 3:00 P.M. - Work Session adjourned. REGULAR MEETING 3:00 P.M. A Regular' Meeting of the Southoid Town Board was held on Tuesday, July 16, 1985 at the Southold Town Hall, Main Road, Southold, New York. Supervisor Murphy called the meeting to order at 3:00. P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Francis'J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Councilman Paul Stoutenbu~gh Councilman James A. Schondebare Councilwoman Jean W. Cochran Town Clerk Judith T.' Terry. Town Attorney Robert W. Tasker SUPERVISOR MURPHY: I'd like to have a motion to approve the audit of the bills of July 16th, 1985. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was RESOLVED that the followin9 audited bills be and hereby are ordered paid: Fund Whole Town bills in the amount of $59,222.63; General Fund Part Town I s ~n the amount of $4,435.46; Highway Department bills in the amount of $38,349.44; Fishers Island Ferry District bills in the amountof $1:54, 774. 98; and 1984~ Encumbrance-Whole Town bills in the amount of $2, 136.27. Vote of the Town Board: Ayes: CouncilWoman Cochrar~, Councilman Schondebar~, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPER~ZISOR MURPHY: Okay, I'd like a resolution to approve the minutes of the Regular Meeting of July 2nd, .1985.. Moved by Councilwoman Cochran, seconded by. Councilman Stoutenburgh, it was RESOLVED that the minutes of the Southold Town Board. Regular Meetin9 held on July 2, 1985 be and hereby are approved. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards,. Councilman Townsend, Supervisor Murphy. This 'resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, I'd like a resolution setting the next meeting date for the Southold Town Board as July 30th, :1985:, at 3:00. P.M., Southold Town Hall. Moved by Justice Edwards, seconded by. Councilwoman Cochran, it was held RESOLVED that the next Regular Meeting of the Southold Town Board will be at 3:00 P.M., Tuesday.,. July 30, 1985., at the Southold Town Hall, Main Road, South~ New York. Vote .of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, CounciJman Stoutenburgh, :J~stice Edwards, Councilman Townsend, Supervisor Murphy. This 'resolution was declared duly ADOPTED. i..REPORTS. SUPERVISOR MURPHY: Okay, moving on to the first item on the agenda, our · reports. These reports are. all on file' in the Town CIerk.'s Office for anyone who is interested. If anyone questions if 'Southold has been found, and if there is a building boom going on, you should look at the Building Inspector's report. 1. Building Inspector's report - June 1985'. 2. Supervis0r's Budget report -_ June 1985'. 3. Szepatowski Associates, Inc., Progress report -:June ,.1985. 4~ Town Clerk's report - June :1985. . JULY 16, 198S ~9~ S. Town Justice Edwards rep~r~?~s5. 6. Town Justice Tedeschi report - June 1985. 7. Fishers, Island Ferry District budget report - June 1985. 8. Highway Fund report - June '1985. 9. Board of Town Trustees report --June '1985]. 11). Police Department Incident report - June 1985. 11. Councilmen's report. Starting over on my left with Judge Edwards. JUSTICE EDWARDS: Yes, Frank, just one comment. There was a letter put in all of the Councilmen's and your mail,' Fishers Island is approaching R. W. Beck and Associates to get a pr,o, posal on how.much it w~ould cost--price to do the proposal for Fishers Island Electric Corporation becoming its own entity, and the Electric Corporation on Fishers Island is will~ng to sell the stock and it's .basically the same thing as the study that you're h~ving here in Southo]d, but' Beck came out in one letter anc~ said it's very,~ very encouraging so ~ne peopie of Fishers. isiand, wi~h everything that's available out there, it's going to be a lot e~sier for the Town to do this than it is for Southold to break away from LILCO. So they asked for a balance sheet of the Fishers Island Electric Company for 1984,, which has been sent on to ~hem and now they're going_to come up with a cost figure on how much it would cost to do the study, so it Iooksl very encouraging. That's it.' Thanks. SUPERVISOR MURPHY: Thank yoi~,~'Ray. Jean? COUNCILWOMAN COCHRAN: Yes, ! attended the dedication ceremony at the Town Landfill for the new Water Filtration Plant. Of course, as many of you know, this is being funded by the Federal Environmental Protection Agency. Its purpose is to remove pesticides, nitrates from the groundwater using different methods, carbon absorption, ion exchange a-nd reverse osmosis~ and this is'a pilot program and I'm sure all of us are anxious to see what the results will'be and what happens with it.~ I attended a meeting on STOP with Paul and I'm sure, Paullwill'be reporting on this' as Chairman. Also I attended a meeting that was held here last week in relation 'to the celebration of the anniversary of the United Nations, which will'be forty years. old this year, and also it's going to be the International Year of Youth. If anyone is-interested in working with this committee, please contact Jack Komako at 477-2362. Also, the Affordable Housing Committee met on. Thursday, the 11th,'and we did receive the questionnaires--or the data from the questionnaires that were, sent out to the community. The Committee set a meeting for this coming Thursday so that they can begin to--with would be the 18th, and they wiil~'fully analyz~ the information we have received and then they will begin work to formulate recommendations to the Town Board. They're. hoping they have this report to the Town Board in'the very near future. Also the Town, by' mutual agreement, has been meeting regularly reviewing the Master Plan, and I would say we are about seven eighths done at this point. A little bit more. to go and a great deal future distance in the process. That's it, Frank. SUPERVISOR MURPHY: Thank you, Jean. Paul? COUNCILMAN STOUTENBURGH: Like Jean, i attended the ribbon cutting up at the Landfill, and of course we all know why the Landfill was selected for the site. I think we have probably the worst conditions in'the whole Town there, what with the continUal dumping of every~thing at our loca! Landfill and this is why this'site was selected, and I think it's going to help us tremendously in the long run. We're hoping to get a grant to help us get through this entanglement of water quality and problems with our water and I think this kind of thing showing Southold Town to be a leader is going to help and this'will'sure~y go a long ways. We're going to try to get some-- did we ever get that picture, that we took there, Frank? SUPERVISOR MURPHY: It's in the paper. COUNCILMAN STOUTENBURGH: Oh, I didn't even see it. Also the other thing is this Master Plan which is a real interesting concept which we're all hoping to get through as quickly as possible, we attended that, and probably somebody will say more about it. The part that did--Jean referred to, the STOP Program, a group of our Committee went to Stony Brook on the 16th of July in the evening and watched a slide program which goes through the whole operalion of Stop Throwinq Out Pollutants, which we're hoping to have on September 14th, and wh~en we get a copy of t~iis, which we spoke to in our planning session this morning, we're hoping to get a copy of that, we'll have it available for church groups and for garden clubs, ladies clubs, what have you, and it will move around through the Town. It's a audio type thing, so it has a narration along with it'll go a long way in spreading the word about our program on September 14th. That's about it, Frank. SUPERVISOR MURPHY: Thank you, Paul. Joe? COUNCILMAN TOWNSEND: I also attended the meeting on the U.N. Celebration. The way that came about was through several people who happened to be representatives of various non-aligned organizations, which are' members of the U.N. and they felt that it was a good idea to celebrate some of the go6d things the U.N. has done, not to characterize it as a debating society and so forth, but just to.emphasize the positive 392 JULY 16, 1985 aspects, the things that the U.N.-,th~ good things the UYN. has done that has gotten lost in the press of late. As Paul said; we had two Master Plan reviews. Of lot of interesting questions are- being raised. Why certain things were left out, why certain things were put in, why certain boards have new roles and how these roles would be handled with the present manpower. These are all 'questions that we're, going to hopefully resolve within the next few weeks. It"s my estimate, and maybe'the rest of the Board wil~'~agree with me, that we should be able to get through the rest of the Master Plan within two weeks'. We only have about thirsty or forty pages left to go and at that point we'll meet with the. various boards to discuss the changes and what we feel should be left out. ! attended the Housin9 Commitl~ee that Jean is the Chairperson of. We received this'survey for the first time. It did generate a lot of interesting information and comments. That's one of the reasons I was disappointed in the outcome of the preliminary poll on the proposed. Costello annexation. There w~r"~ two meetings of the Farmland Preservation Committee. They're at the point now whet words, offering them the appraised 'amount- for the development rights of their land. At this point we're going to lype out formal offerings for our.appraised amount for them to sign. There has been quite a bit of interest. Not every farmer has been interested, but I would say probably seventy, five percent of the people .that we've interviewed have been interested, and we expect to get about seventy-five percent of the offerings back at the appraised price. At that point they are going to present a list of farms to/be a part of a hearing that the Town Board will'hold. I would hope this would be within a month. Once that's done then we can fund the ultimate surveys and'proceed with the acquisition· o,f-.the-development rights. So i think we're through the half-way point of this anyway; . This'weekend was. very active. There. were a lot of things going on around Town~-there was the Mattituck Sale Day, which was quite a circus, at least it was a circus atmosphere. There-was a Sale Day, or an Auction in Cutchogue, which was amazingly Well attended., ~ Last weekend we had the Lion's~ Club Auto Show, which is something you should catch if you've not had a. chance to do it. ! know it was. very enjoyable.. That's ali I have. SUPERVISOR MURPHY: Thank you, Joe. Jay? COUNCILMAN SCHONDEBARE: Thank you. The Chamber and. Commerce and Industry ' meetin9 is tomorrow night,, and I've scheduled a Code Committee meeting a week from tonight on Tuesday. I have a communication to myself as the. Chairman of the Code Committee from the Board of Trustees on a new Houseboat Law, which !'11 give copies to everyone so you'll have it 'ahead of the meeting. They seem to have broken it down between a houseboat and a floating home, and if the press or anyone wants a copy of it you can have it. SUPERVISOR MURPHY: Thank you, Jay. Okay, I'd like to report as the results of a survey that the HandiCapped AdvisorY. Committee did of public ' beaches in'Southold Town, with the cooperation of Bruce BloWer, the. Commissioner of Handi-~apped ServiCes for Suffolk County, Ray. Dean and the Town, we have ramps installed--this'is the first ever done in Suffolk CountyT-ramps installed down to the high water mark, at two of our beaches and we also have portable lavatories--toilet facilities--there for the handicapF We had to go to Connecticut to rent these. We found it was. cheaper than rebuilding our toilets at the beaches. We would expe~t, and I hope the press gives it some coverag we have some pictures available for them to ask the people to cooperate. Don't park' in the handicapped spots, do not destroy these toilet facilities, and we would like to see as many handicapped people take advantage of the beaches as possible. Also, the Master Plan meeting that we've all been attending, the joint' meeting will be held two weeks from today. The planner will'be down to answer the questions that have been brought up by the Town Board.. We will have the various boards in the Town also here. It will be held right after our next Town Board meeting. One other _thing, and poor old Councilman Larry Murdock,~ex~ouncilman Larry Murdock, I'm sorry he's not here but we're finally getting his road built going through the back here. He fought for that I guess for four years~ .huh, Bob? And provide better access and additional parking in the back Of the Town Hall. Our own Town forces are- doing it.~ JUSTICE EDWARDS: I think we should call it Murdock Lane. SUPERVISOR MURPHY: Yes. II. PUBLIC NOTICES. SUPERVISOR MURPHY: Moving on to Public Notices, item number two on your agenda. 1. New York State DEC~ Notice of Complete Application'.of. Lon9 Island Shores, inc. to subdivide a 5.2 acre parcel into four lots in greenport. Written comments by ~luly 26th. II!. COMMUNICATIONS. SUPERVISOR MURPHY: Number I. A letter from a resident in Laurel (Valerie A. Bartolocci), on Peconic Bay Boulevard, requesting a speed change. This will be sent to the Police Department who will then revie~ it with the State. The Town has no control over setting speed limits in the Town~. It's all done by the State. JULY 16~ 1985 IV. PUBLIC HEARINGS. ~ ' ~" SUPERVISOR MURPHY: We have four public hearings scheduled for today and we've got a few minutes so we're going to move on to Resolutions. V. RESOLUTIONS. 393 SUPERVISOR MURPHY: The first resolution is a trailer permit renewal of the Bauer Farms. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the application of Bauer. Farms, Inc. for renewal of their single family house trailer, located off of the south side of North Road (County Route 48) Peconicr ~w York, which permit expires on July 4, 1985, be and hereby is granted for a six month period. SUPERVISOR MURPHY: Any questions? (No response.) 1.~Vote of the Town Board: Ayes: CouncilWoman Cochran, Councilman Schondebaret Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. ~This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 2 is a negative determination on a Local Law. .Moved by CouncilWoman Cochran0 seconded by Justice Edwards, RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State EnvirOnmental Quality Review and 6NYCRR Part 617, Section 617.10, and Chapter 44 of the Code of the Town of Southold~ notice is hereby given that the Southold Town Board, as lead agency for the action described below t has determined that the project, which is unlisted, will not have a significant effect on the environment. Description of Action: Proposed Local Law entitled, "A Local Law in relation to requirements for highway excavations." The project has been determined not to have a significant effect on the environ- ment because an environmental assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be 'implemented as planned and because there has been no response in the allotted time from the New York State Department of Environmental Conservation it is assumed that there are no objections nor comments from that agency. SUPERVISOR MURPHY: Any questions? (No response.) 2.~Vote of the Town Board: Ayes: CouncilWoman Cochr~n,. Councilman Schondebare,~ Councilman Stoutenburgh, Justice Edwards, Councilman Townsendj Supervisor Murphy. This 'resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 3 is'a decision on proposed Local Law No. 10. Moved by Councilman Stoutenburgh, seconded by CouncilWoman Cochran, WHEREAS, a proposed Local Law No. 10 - 1985 was introduced at a meeting of this Board held on the 18th day of June, 1985, and WHEREAS, a public hearing was held thereon by the Board on the 2nd day of July, '1985, at which time ali interested persons were given an opportunity~,-to be heard thereon, now, therefore, be it RESOLVED that Local Law No. 10 - 1985~ be enacted as follows: LOCAL LAW NO. 10 - 1985 A Local Law in relation to requirements for highwa, y excavations BE IT' ENACTED by the Town Board of the Town of Southold as follows: The Code of the Town of Southold is hereby amended by adding a new chapter thereto~ to be chapter 83, to read as follows: 83-1. Short Title This chapter shall be known and may be cited as the "Highway Excavation Law of the Town of Southold" 83-2. Definitions For the purpose of this chapter only~ certain words and terms used herein are defined as follows: HIGHWAY - All or any portion of any highway, street, sidewalk, public place or right-of-way owned and/or controlled by the Town of Southold, exclusive, however, of that portion of any highway, street, sidewalk, Ioublic place or right-of-way situate JULY 1~, 1985 within the territorial limits' of th~ Village o~ Greenport, and exclusive of that portion of any highway, street, sidewalk, public pl~ce or right-of-way owned and/or controlled by the County of Suffolk or the State of New York. PERSON - Any natural person, firm, partnership, association, corporation, company or other organization. SUPERINTENDENT - The HighWay Superintendent of the Town of Southold, New York. TOWN - The Town of Southold. TOWN BOARD - The Town Board of the Town of Southold. 83-3. Permit required. No person shall remove from or deposit on any highway any material or intentionally injure any highway or cause to be dug or make any hole or excavation in or under a highway or cause to be erected thereon or therein any object without first having obtained a written .permit from the Superintendent so to do. B. This section shall be applicable to and prohibit individuals from depositing materials on public highways as a result of improve?ent and grading of their property. 83-4. Application. Any person desiring a permit shall make application to the Superintendent, upon forms to be provided by him, which application shall set forth the following: A. The name and address of the applicant. A reasonably adequate description of the proposed work and the reason therefor, Jncluding a description of the location of the proposed work. A statement as to the time when such work will be commenced and an estimate of the, time when such work shall be fully completed and the highway restored to its previous condition as nearly as may be feasible. D. A time schedule showing when various portions of the work will be done. E. A reference to the legal authority of the applicant to perform the proposed work in the public highway. F. An estimate of the cost of the proposed work, including such detail as may be specified by the Superintendent. G. Such other information as the Superintendent pertinent to effectuate the purposes of_this chapter. 83-5. Insurance coverage. shall deem No permit shall be issued until the applicant shall have filed with the Superintendent evidence that the town has been named as a pi~imar~ insured under any insurance policy extending bodily injury and property damage coverage to the town in amounts of three hundred thousand/five hundred thousand dollars ($300,000./5500,000.) for --- bodily injury- and fifty-thousand dollars ($50,000.) for property damage, caused by or at'tributable to the work to be performed by the applicant, such insurance coverage to be written by an insurance company authorized to do business in the State of New York. 83-6. Security. No permit shall be issued to any applicant until the applicant has posted with the superintendent a surety bond or certified check in such amount as the superintendent may determine necessary to cover the probable expense to the town of replacement by the town of any highway to its former condition and to guarantee the performance by the applicant of any of the conditions contained in the permit and compliance with this chapter. JULY 16, 1985 The above bond,requirements ~hall include provision for maintenance by way of a maintenance,~bOnd, ;'which bond shall have a duration of two (2) years from the, date of completion of the work under the permit, in case of all excavations with a depth of eighteen (18) inches or less, and a duration of three (3) years from the date of the completion of the work under the permit for all excavations with a depth greater than eighteen [18) inches. 83-7. Fees for applications and permits. Each application for a permit hereunder shall be accompanied by a fee of twenty-five .dollars ($25.) therefor, to be paid to the Town Clerk of the Town of Southold. Permit fees for permits issued pursuant to this 'chapter shall be as follows: (1) (2) Twenty dollars ($20.) for each service connection excavation. Additional excavations made in connection with the same service connection~ excavation shall be charged at tl~e rate of ten dollars ($10. ) for each additional excavation. Ten dollars ($10.) for the first one hundred (100) linear feet or any part thereof of street excavation and ten cents ($0.10) per linear foot thereafter for all excavations eighteen (18) inches in depth or less. ... (3) Thirty dollars ($30.) for the first one hundred (100) linear feet or part thereof of street excavation and thirty cents ($0.30) per linear foot thereafter for all excavations between eighteen (18) inches and five (5) feet in depth. (4) Fifty dollars ($50.) for the first one hundred (100) linear feet or part thereof of street 'excavation and fifty cents [$0.50) per linear foot thereafter for all excavations ...... '~: - ' ,eel in d~,L,,. ~=u,n~ five [5) ~ -' ' --+~ (5) Ten dollars ($10.) for each utility repair excavation and five dollars ($5.) for each additional excavation made in conjunction with said repair. The aforementioned fees shall be paid to the 'Town Clerk prior to the issuance of tl~e permit, 83-8. Notice to public utilities. The superintendent shall require any person making a highway_ excavation pursuant to' permit granted hereunto to give written notice of such excavation to public service companies or municipal districts having lines, mains or other property in the streets, and no work shall be commenced or done under such permit until such requirement of notice has been fully complied with. Proof of mailing of such notice' in the form of a sworn statement shall be filed with the application. 83-9. Guarding of excavations and protection of property. Any person making an excavation pursuant to this chapter shall erect a suitable barrier or guard for the protection of persons using the streets or sidewalks and, in addition thereto, shall set up and maintain during the hours of darkness sufficient lights or flares or retroreflective barricades to properly illuminate or delineate the work area and shall also take all necessary precautions for the protection of the town and of public service companies or municipal districts and adjoining property owners and others which might be endangered by such excavations or the work incident thereto, and shall comply with all directions given by the superintendent with respect to such barriers, lights, flares and protective measures. 83-10. Regulations and specifications for street opening permits. 'B. Commencement of 'w~rk. Work under the permit shall be commenced within thirty (30) days from the date of permit and continued in an expeditious manner. Construction. (1) When working on any town road, no pavement cuts or trenches are to be left uncovered or unfilled overnight, except in emergencies, and in such cases adequate precautions must be exercised to protect traffic. 395 JULY 16~ 1985 (2) (3) When working on any town road, contractors mus~~ complete final backfilling (See Subsection E hereof.) of any trench within eighteen (18) days from the day of opening. All pipes or mains crossing highway pavements shall, wherever possible, be driven beneath the roadway without disturbance to the pavement. The point of driving shall not be less than fi~e (5) feet from the edge Of pavement. Such crossover pipes shall, whenever possible, be enclosed in sleeves or larger pipes so that repairs or replacements may be made without further disturbance of the roadway pavement. . (4) If the boring method in the driving of crossover pipes is ?ouna to De Impracticable, tl~e superintenclent shall be consulted to determine the manner of placing the pipe by the open-cut method. This request is to be made in writing to the superintendent and may be granted upon such conditions as deemed aecessary and proper under the circumstances. C. Excavations; method and t~pe of opening~ (1) Openings in concrete roads shall have a mimimum width of five (5.) feet. (2) No roads are to be tunneled, but pipes may be driven or trenched across. DJ (3) All openings are to be made either by pinwheel trenching machine or saw-cutting, as specified in the permit. Restoration of excavation; temporary patching. Upon completion of the final backfilling, if final pavement replacing is not to be accomplished within twenty~(20) days from day of opening, then the trench will be brought to within two (2) inches of road level and then paved with two (2) inches of asphaltic concrete within twenty (20) days Of opening, which shall be placed as a temporary surface in any pavement opening and shall be maintained to the same gra_de as adjacent pavement. Procedure for final backfilling. Clean fill will be used and the trench shall be compacted in twelve-inch lifts with either vibratory soil compactors or by suitable hydraulic compaction by water jetting at three-foot intervals. F. Final pavement replacing. [1) Concrete. Minimum-size replacements in concrete or asphalt on concrete base shall be ten by ten (10 x 10) feet, or as directed. In a~l cases, if the ten-by-ten-foot replacement is within five (5) feet of a joint, the replacement must extend to the joint. Concrete openings shall be saw cut, and the mix shall be high early, New York State Specifications Class F, latest revision. (2) Asphalt. The ~re~ch shall be compacted to within four (4) inches of the .road surface. The existing asphalt surface shall then be cut back at least twelve (12) inches on either side of the Undisturbed subgrade. At the discretion iof th~ superintendent, the contact surfaces, the patched surfaces and/or adjacent pavement edges shall be painted and sealed with approved bituminous and/or bluestone material before or after placing the course of asphalt, which shall be four (4) inches of New York State Specification 6F hot plant mix. This course shall be rolled with an eight-to-ten-ton roller and surface variations in excess of one fourth (1/4) inch shall be eliminated or t~he pavement relaid. .(3) If temporary patching_ is not accomplished, final pavement must be completed within twenty (20) days of opening. If temporary patching is accomplished as specifiedo then final pavement replacing must be completed within thirty (30) days of temporary patching or within such additional time as may be authorized by the superintendent at his discretion upon application~ Shoulder areas. If the trenchwork is in the earthen shoulder of the roadway, then proper compaction as outlined in Subsection E JULY 16, 1985 above will apply, with, seeding as:' spec ddition of a covering of sod or .grass erintendent. H. Traffic control. (1) Maintenance and protection of traffic. Traffic is to be maintained at all times during the progress of this work. Adequate signs, barricades and lights, necessary to protect the public, shall be provided in accordance with the provisions of the New York State Manual of Uniform Traffic Control Devices. Flagmen to direct traffic shall be employed continuously during periods when only one-way traffic shall be. maintained or when equipment is operated ';n th~ (2) No construction material or equipment shall be left on the pavement after working hours, nor shall ~ny construction equipment or materials be placed in any manner or location that will obstruct highway or railroad warning signs. (3) Barricades, whether sidewalk or roadway area, shall be prominently displayed. For police convenience the address and telephone number of twenty-four hour availability of someone who will reestablish same in an emergency shall be filed with the Town Police Department. (4) Access to adjacent properties shall be maintained. Notification. The applicant will be responsible to notify the superintendent .twenty-four (24) hours prior to street opening and closing. Expiration date. The permit shall expire one (1) year from the date of issue of the permit, unless a different expiration date has been specified by the superintendent. 83-11. Completion of work. The applicant shall notify the superintendent when work has been completed, after which an inspection will be made by the superintendent or his duly authorized agent, and upon approval of the work, a release will be granted to' the applicant. Until the granting of such a release, the applicant shall remain liable for proper guarding and protection as provided herein. 83-12. Revocation. The superintendent, upon a finding that the issuance of a permit was illegal or unauthorized or that the applicant has failed to comply with any of the terms and conditions of the permit or of this chapter, may revoke the permit, and the applicant shall thereupon, with all reasonable speed, forthwith restore the highway to its former condition. 83-13. Responsibility for damages; repair. The person to whom such permit is issued shall be responsible for all damages caused to public utilities and shall, under the supervision of the superintendent, replace any cracked or damaged sewer pipe or water main with new pipe and repair or replace damaged ditches, curbs, sidewalks or other improvements so that they shall be in the same or better condition after the excavation as before the excava tion. 83-14. Penalties for offenses. Any person who shall violate any of the provisions of this chapter or shall fail to comply with any condition imposed by the permit or shall fail to comply with any lawful order of the superintendent or to discharge any duty imposed by this chapter shall, upon conviction, be deemed to have committed an offense against this chapter and, upon conviction, shall be punished by a fine not exceeding five hundred dollars ($500.). Each day any such violation shall continue shall .constitute a separate and distinct offense. B. Any person violating this chapter shell be subject to a civil penalty enforceable and collectible by the town in the amount of five hundred dollars ($500.) for each such offense. Such penalty shall be collectible by and in the name of the town for each day that such violation shall continue. In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the town, in a court of competent jurisdiction, to compel compliance with or to restrain by injunction the violation of this chapter. 83-15. Waiving of insurance and bond requirements. Upon special application made to it by any applicant for a permit required under this chapter· and for good cause shown, the Town Board may, in lis discretion waive *,,y uf ...... pi"ovisior, s set forth under sections 83- 5 and 83-6 insofar as it may accept such other insurance and/or indemnification documents as it deems appropriate under the-circumstances. Ii. This Local Law shall take effect on its filing with the Secretary of State. SUPERVISOR MURPHY: Any questions? (No response.) 3.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, .Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number ~, is 'a decision on proposed Local Law No. 11. Moved by Councilman Schondebare, seconded by. Councilwoman Cochran, WHEREAS, a proposed Local Law No. -11 - 1985 was introduced at a meeting of this Board held on the 23rd day of April:. 1985, and WHEREAS, a public hearing was held thereon by the Town Board on the 2nd day of July,..1985, at which time all interested persons were given an opportunity to be heard thereon, and specifically addressed the issue of low income housing, which is not addressed in this proposed Local. Law, now, therefore, be it RESOLVED that Local Law. No. 11 -~ '1985. be enacted as follows: LOCAL LAW. NO. 11 -' 1985 A Local Law to amend the Zonin9 Code in relation to dwelling unit density BE IT ENACTED by the Town. Board of the Town of South01d as follows: (additions indicated by underline; deletions by lb'rackets/). 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 of this chapter, each dWelling unit in a ' multiple dwelling shall 'hay& [nine/ twenty thousand '[ 9,.000] .20,00.0 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 each dwelling unit in the building where public water and public sewer are provided. 11, This Local Law shall take effect upon its filing with the Secretary of State. SUPERVISOR MURPHY: Any cOmments? Joe? · COUNCILMAN TOWNSEND: I think ! speak_for 'the rest of the Town Board. on this issue. When we were looking at this 'and evaluating the comments made at the hearing it was determined that the most of the comments related to Iow and moderate .Jrt'come housing and the interpretation of those people speaking was that this 'law would some- how reduce the amount of low and' moderate income housing available. I personally not feel that is the case. If you look at the Zoning Map to see where this property is located--the property that is not yet developed is in areas that would generate relatively high priced housing, so it does not relate to low and moderate income / housing and by reducing the density in these areas you are protecting the environ-. ment and reducing potential' negative impact along the waterfront and areas like that. That's why I'm going to. vote for this'Local Law. SUPERVISOR MURPHY: Any other comments? .(No response.) 4.-Vote of the Town Board,: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards', Councilman Townsend, Supervisor Murphy. This resolution was declared iduly ADOPTED. SUPERVISOR MURPHY: Number 5 is to grant permission for a Biathlon on some Town roads. JULY 16, 1985 5. Moved by Councilman Stoutenburgh,"~ecorided by Councilwoman Cochran, it was RESOLVED that the Town Board of'th.er~ Town-of Sou[hold hereby grants permission to Country Time Cycle to conduct a Biathlon (runnin9 and bicYcling) on Sunday, July 21, 1985, beginr~ing at 8:00 A.M., for approximately two hours duration, and the use of the following Town Roads for same: Elijah's Lane, Oregon Road, Wickham Avenue, and Bridge Lane; providing they secure and maintain the proper insurance to hold the Town of Southold harmless. 5.-Vote of the. Town Board: Ayes: CouncilWoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 6 is to prepare a Draft Environmental Impact Statement on a proposed zone change. 6. Moved by. Councilman Schondebare, seconded by Justice Edwards. WHEREAS, Southport. Development has heretofore applied to the Southold Town Board for a Change of Zone from "C" Light Industrial' Districl~ to "M-I" General Multiple Residence-Districl~ on certair~ property located south of the Main Road (NYS Route 25), on the westerly side of Sage Boulevard, Greenport, New York, and consisting of 12. 451 acres, . NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS: 1. That pursuant to the provisions of Article 8 Of the EnvirOnmental Conserva- tion Law; Part 617 of Title 6 of the New York State Codes, Rules and Regulations, and Chapter 44 of the Southold Town. Code, the Southold Town Board, as lead agency, does hereby determine that the action proposed is a Type I action and is likely to have a significant effect on the environment. 2.' That the Town Clerk shall file and cirCUlate such determination as required by the aforementioned law, rules and code. 3. That the Town Clerk immediately notify the applicant, Southport Development, of this determination; and further request said applicant to prepare a Draft Environ- mental Impact Statement, in' accordance with the scope and contents required by the ; Town Board, all in accordance with said law, rules and code. 'SUPERVISOR MURPHY: Any questions?.' .[No response.)' 6.-Vote of the Town Board.: Ayes: . Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, :Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 7 is to authorize' the Town Clerk to advertise for resumes for rec. instructors. Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board. o.f the. Town-of_SouthoJd. hereby authorizes and directs, the Town Clerk to. advertise for -resumes 'for Recreation Instructors to Implement Recre~i0n pr. ograms, citing the following qualifications: Minimum of 2 years experience teaching in field of expertiese; advanced studies (Associate/Bachelor Degree) - equivalent experience may be considered in'lieu of degree; experience working in the particular age group [youth,. adults/seniors); references. Instructors. requested for:. Exercise, aerobics, tennis and arts, crafts for youth, adult and senior citizen programs. Part-time positions available for experienced professions. SUPERVISOR MURPHY: Any questions? (No response.) 7.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, 'Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, at this time i'd like a resolution to recess the Town Board meeting for the time it takes to hold four public hearings today. Moved by Councilman Schondebare, seconded by CouncilWoman Cochran, it was RESOLVED that a recess be called at this time, 3:30 'P.M. for the purpose of holdin9 the followin9 public hearings; 3:30 P.M. - On the Draft Environmental Impact Statement submitted by Thomas E. Samuels with respect to his Wetland Permit for permission to construct a concrete rip rap (revetment), Orient,. New York. 3:35 P.M. - In the' matter of a proposed Local Law entitled, "A Local Law to provide for the regulation of Horses." -~ 3:40 P.M. - in the matter of a pt'oposed L~ocal Law entitled, "A Local Law in relation to the disposal of Scavenger Waste in the Southold Wastewater Disposal District." 4:30 P.M. - To consider the construction of public restroom facilities by the Southold Park District at the Founders Landing Park,.$outhold, and $50,000 bond proposal for same. Vote of the Town Board: Ayes: . Councilwoman Cochran,. Councilman Schondebare, · Councilman Stoutenburgh, .Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. This Regular Town Board Meeting reconvened at 5:00. P.M. SUPERVISOR MURPHY: We'll now reconvene this Regular Town Board Meeting and move on .to Resolution No. '8 granting a Step II salary increment~ 8.: Moved by~ Councilman Townsend, seconded by. Councilwoman: Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby grants Principal Account Clerk Mary. E. Bourcet her step !1 'salary increment in the amount of .-$500.00, effective' August 1, :1985.. 8.-Vote of the Town Board,: Ayes': . Councilwoman. Cochran, Councilman $chondebare~ Councilman Stoutenburgh, :Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. S~ p~/~n~ I~III~PHY- N,~rnhRr 9 is to provide $1'50.'00 in'additi0n:al funds for expense of a Jim Chapin's Concert last F~riday. 9. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby allocsates an additional - $150.00 from A7151.4 Joint Youth Account for the payment of expenses for the East End ~Arts and Humanities Council's ,,Jim Chapin's Summer Concert'! which was held at Green- port on Friday, .July 12, 1985 at 8:00 P.M. 9..-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervis°r Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 10 is to authorize the Supervisor, Highway Superin- tendent Ray Dean and Rodney Douglass from the Landfill to attend a demonstration of composting equipment in Texas. 10. Moved by Councilwoman Cochran, seconded' by Councilman Stoutenburgh, it was RESOLVED that the Town Board. of the Town of Southold hereby authorizes Supervisor Francis J. Murphy, Commissioner of Public'Works Raymond C. Dean, and Sanitation Supervisor James R. Douglass to attend the demonstration of, the Co-Composting Facility at Big Sandy, T6xas, sponsored by the management of the Ewes(~n Corporation, during the week of July 22, 1985., and the necessary expenses for travel, meals and Ioding shall be a legal charge against the Town of Southold. lO.~Vote of the-Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, ~-~ Councilman Stoutenburgh, Justice EdWards, Councilman Townsend, Supervisor Murph'l 'This'resolution was declared duly ADOPTED. SUPER¥1SOR MURPHY: Number 11 is to authorize, the dredging of the mouth of BruShes Creek. ~11. Moved by Councilman Stoutenburgh, seconded by. Councilwoman Cochran, WHEREAS, ..the 'Town of Southold has requested the County of Suffolk to dredge a navigation channel in Brushes Creek, Town of Southold; and WHEREAS, the County of Suffolk proposes to do said dredging of Brushes Creek, in the Town of Southold, at a nominal cost to the Town of Southold; and WHEREAS, in order to accomplish said'dredging, plans, specifications, agreements and other documents must be executed on behalf of the Town of Southold; and WHEREAS, this approvai shall remain'~n effect for the period of the required permits (Expiration Date: July :1'995')'; now, therefore, be it RESOLVED that the Supervisor be and he hereby is authorized to execute, on behalf of the Town of South,]d, all necessary plans and specifications, spoil area agreements, assurances to the. County of Suffolk,' license and Jot dredging permit applications to Federal and State Agencie~s and all other documents that may be required to accomplish said dredging work. 11.-Vote of the Town Board: Ayes: . CouncilWoman Cochran, Councilman Schondebare, Councilman 5toutenburgh, Justice Edwards, Councilman Townsend, Supervisor ~Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: . Number 12 is 'to advertise for bids. 12. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the delivery and placement of a 700 to 725 square foot modular building on a site in' Laurel, known as the "Bid on Laurel Lake Recreation/Chamber of Commerce Project." 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 to appoint a Clerk in the Southold Town Police Department, Addle Pace. 13. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby appoin_ts Addie Pace JULY 16, 1985 401 as a Clerk at the Southold ~Town Poli~H~e~quarters, for a period o[ ninety (90) days, effective August 1, .1985 th~-ougl~"octoi~e~' ~1; .i985; 35 hours per week~~ :$$.00. per hour. 13..-Vote of the Town Board: Ayes: . Councilwoman. Cochran, Councilman S'~hondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supe.~visor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 14 is to protect the Town Clerk from personal responsibility for dishonored checks. 14. Moved by Councilman Townsend, seconded by Councilman Schondebare, WHEREAS, the Town Clerk has advised this Board that from time to time she receives checks in payment of fees, which checks are thereafter dishonored by the bank upon which they are drawn, and that in the absence of a resolution from this Board absolving the Town Clerk with any liability with respect to such dishonored checks, the Town Clerk is obligated tu make paymen'L u[ Lh~ ~J,e~k~ ....,~u., '~,~- per'~u~,e,' ,u,,ua' -' . ~,,~'- ~' WHEREAS. this~ Board is of the opinion .that the Town Clerk should not be persofially responsible for dishonored checks received by her for fees due and payable to the Town. NOW. THEREFORE. BE IT RESOLVED that it is hereby established by the policy of this Town to absolve 'the Town Clerk from any personal responsibility with respect to dishonored checks and the Town shall hereafter reimburs~ the Town Clerk for any payments made by the Town. Clerk On dishonored checks upon the Town Clerk, submitting vouchers- therefor, which reimbursement shall be made.from the General Fund of the Towl · iT IS FURTHER RESOLVED, that the Town Clerk is hereby authorized in'the exercise of her discretion to refuse to accept, check sin payment of fees when the Town Clerk believes that accepting a personal check Would result in the same being dishonored, and that the Town Clerk in; in' such instances, is authorized to demand the payment of such fees in cash. 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:a transfer of funds-in the Fishers Island Ferry District. 15. RES inc 15.-Vot~ Cou Thk, Moved by Justice Edwards, seconded by, Councilwoman Cochran, it. was __ . 3LVED that the Town Board of the Town of Southold hereby authorizes the follow- transfer of funds within:the Fishers.' Island Ferry. District.:1985 Budget: From: New Vessel $100, 000.00 Into: Repairs Docks ' ST00,000.'00 of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, ~cilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. resolution was declared duly ADOPTED. !6.-VOt~ . Cou. Thi! 17. SUPERVISOR MURPHY: . Number 16 is 'to appoint a part-time Clerk .for the Fishers Island Ferry District. ' Moved by Justice Edwards, seconded by, CouncilWoman Cochran, it 'was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners-of the Fishers. Island Ferry District to appoint Roy Shryer,. to replace Chal'les J. Stepanek'.who-has resigned, as a part-time Clerk. for the Fishers Island Ferry~ DJ'strict Community Theatre, effective'July 5, :1985~ at a salary of ~80'..00. per week o'f the' Tow~ Boar-d: -Ayes: 'Councilwoman, Cochran, Councilman Schondebare~ SUP Movi RES~ dire~ of S for ~ .Marc sub 17. -Vot, Cou~ This SUPI ~cilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. resolution was declared dulY ADOPTED. :RVISOR MURPHY: Number ,17 is to execute a contract. ~d b~. Councilman Schondebare~ seconded by Councilman Townsend, it was )LVED that the Town Board of the Town of Southold hereby authorizes and :ts Supervisor Francis. J._.Murphy .to execute a contract between the County Jffolk, Human Resources Division, Office for the Aging, and the Town of Southold, .he operation of the AdUlt Day Care Program for the period April 1, 1985 through h 31, 1986, which, contract provides for a net reimbursable total of $2'4,620.00, ~ct' to the approval of Town Attorney Tasker. of the Town Board: Ayes: CouncilWoman Cochran, Councilman Schondebare, ~cilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. resolution was declared duly ADOPTED. :RVISOR MURPHY: Number 18 is to authorize a bus trip: 18. Moved by Councilwoman Cochran, 'seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Seniors Club of Southold-Peconic; Inc. to engage one bus at a cost of $250.00 to transport their group to Westbury on Sunday, July 14, 1985. 18.-Votel'of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, · C:our~cilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number ',19 is to authorize to go to bid for a Police Depart- ment car. 19. Moved by Justice Edwards, seconded by, Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southoid hereby authorizes and directs the Town Clerk to advertise for bids for the purchase of one (1) new 1985 police vehicle, with the trade-in of three (3) vehicles, for the Southold Town Police Depart- ment. 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 accept resignations of beach personnel, i~"~i part-time. ~ 20. Moved by. Councilwoman Cochran, seconded by ~Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resigna- tions of Beach Attendant John Simchick, Lifeguard Richard Hilary, Jr., and Lifeguard Melinde Ge~hardt, effective immediately. 20.~-Vote of {he Town Board: Ayes: COuncilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared 'duly ADOPTED. SUPERVISOR MURPHY: Number 21 is to ~authorize' the Supervisor to sign for the grant from the Parks and Recreation. Council,i office of the Arts. 21. Moved by Supervisor Murphy, seconded by, Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southoid hereby authorizes and-directs Supervisor Francis J. Murphy to execute a Cultural Services Contract between the Town and the New York State Council on the Arts, effective January 1, 1985 through December 31, 1985., for the contract sum of $6,000.00. 21.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. _ SUPERVISOR MURPHY: 'Number 22 is to declare the Town Board lead agency in the STOP .Program. .r-~! 22: Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was RESOLVED that the Town Board of the TOwnof Southoid hereby~ declares itseit~ lead ~-~ ae~ in. regard _to .the State. Environmental _Quality Review Act in the matter of the (STOP) Stop Throwing Out Pollutants Program to 'be conducted on September 14, 1985 at'the ~outl~olcl Town Lancltill Site, Cu~chogue, New York. 22.-Vote of the Town Board: Ayes: CouncilWoman'Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number '23 is tO~.approve the placement of a temporary sign on the parking lot in MattitUck. 23. Moved by. Councilwoman Cochran, seconded by Counciilman Schondebare, it was RESOLVED that the Town Board of the ToWn of Southold hereby authorizes the Mattituck Community Fund, Inc., Mattituck, New York, to erect a temporary "themometer'~ type sign on the parkin~l lot property of The North Fork Bank & Trust Company, currently under lease to the Town of Southoid at Love Lane, MattitUck,. New York. 23.-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 ~24 is to authorize' the Supervisor to sign'the agree- ment witti Cross Sound Ferry. -~ 24. Moved by Supervisor Murphy, seconded by. Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and dire¢~ Supervisor Francis ~J. Murphy to execute an agreement between the Town and Cross Sound Ferry Services, Inc. setti,ng forth the terms and conditions of the $100,00,0 loan of HUD funds for the purposes of constructing a new terminal buHdin~ at Orient Point, all in accordance with the agreement prepared by Town Attorney Tasker. 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 the SEQR on the Costello Final Environmental impact Statement. 25. Moved by Supervisor Murphy, seconded by, Councilman Townsend, WHEREAS, the Town of Southold has' received a petition for an annexation of some 48.'7+ acres to the Village of Greenport, and 403 WHEREAS, the Town Board of the :town of Southold has been designated as lead agency for this action pursuant to the State Environmental Quality Review Act on December 18, 1984, and WHEREAS, by resolution dated January 8, 1985, the Town Board as lead agency determined that the proposed action is a Type I action and likely to have a signif- icant impact on the environment and that an environmental impact statement be prepared by the applicant, East End Associates, and WHEREAS, the Southold Town Board and the Greenport Village Board of Trustees conducted a joint public hearing on the annexation petition on December 6, :1984, and WHEREAS, on February 15, '1985~ one John A. Costello took title to the premises, the subject of the proposed action, and WHEREAS, on March 5, 1985 by letter to the 3'own-of Southold and Village of Greenport agreed to complete the draft environmental impact statement (DEIS), and WHEREAS, said DEIS was filed with. the Town Clerk on March 11, 1985 and found to be complete and sufficient for review ancl circulated tor public commenT, and WHEREAS, a hearing on said DEIS was held on May 16, 1985 following a public .comment period, and · WHEREAS, by resolution dated June 4, 1985 the Town Board directed the applicant to prepare a final ElS (FEIS) to address concerns raised at the public hearing and by the Town Board, and WHEREAS, the comment period on said FEIS expired on July 8, 1985', and WHEREAS; .6NYCRR 617.9(c) requires that .the tTown Board make findings before r~endering a decision on the proposed action, now, therefore, be it RESOLVED that pursuant to 6NYCRR 617..9(c) the Town Board of the Town of Southold hereby makes the following findings for the petition of John A. Costello for 48.7 acres proPOsed to be annexed to the Village of Greenport: A. All SEQR Procedural Requirements Have Been Complied With. 1. All requirements of SEQR and Chapter 44 of the Code of the Town of Southold have been complied with. 2. The Town Board has given consideration to the DEIS, public comments thereon, and the FEIS and comments thereon. B. The Proposed Annexa. tion Will Not Have a significant Adverse Effect on the Environment. 1. The annexation and subsequent rezoning to the R-1 Zoning classifica- tion of the Village of Greenport will not have a significant effect on the environment. 2. Potential negative impacts have been identified in the DEIS, and measures to mitigate adverse impacts have been proposed in the D~IS and FEIS. 3. Any proposed development on the premises proposed to be annexed to the Village of Greenport would be subject to a SEQR determination at the time it. is submitted for local approval... 4. in addition, a development proposed within-the corporate limits of the Village of Greenport' meeting municipal utility provisions to service it can promote social and economic benefit to both the Village of Greenport and the Town of Sou'~hold. (~. Summary The SEQR findings can be summarized as follows: 1. The proposed annexation of 48.7 acres to the Village of Greenport will not have a significant effect on the environment. 2. The concomitant rezoning from RA to R-1 will not have a significant effect on the environment. 3. Mitigative measures to minimize' potential adverse impacts of development proposed under the Village Zoning Ordinance have been incorporated into the FEIS; 4. Development proposed in accordance with the Zoning Ordinance of the Village of Greenport would again be subject to SEQR at the time of ., ....submission. D. Conclusion 1. Consistent with social', economic and other essential considerations, from among the reasonable alternatives examined in the SEQR process for the proposed action. the annexatiori under consideration-'minimizes adverse environmental effects to the maximum extent practicable, includ- ing the effects disclosed in the DEIS and FEIS. 2. Consistent.with social', economic'and other considerations, adverse impacts revealed in: the SEQR process will'be minimized to the maximum extent practicable by incorporating those mitigative-measures in the DE[S and FEIS' into any developments or projects under the jurisdiction of the Village of Greenport. COUNCILMAN SCHONDEBARE: . Could I hear that again, please? SUPERVISOR MURPHY: Joe, you want to read it? Jay, you want to read it? COUNCILMAN SCHONDEBARE: There's only one part I want to r,ead, i've' got a question on the second page,--B[4) and i'll .read it out loud so everyone' can hear it: "In addition, a development proposed within'the corporate limits of the. Village of Greenport, needin, g municipal utility provisions to service it can promote social 404 JULY 16, 1985 and economic benefit to both the Village of Greenport and the Town of Southold." COUNCILMAN TOWNSEND: Well, it's a mitigating social concern and it can, in fact, do that. COUNCILMAN SCHONDEBARE: COUNCILMAN STOUTENBURGH: don't think it should be in there at all. I don't think it should be in there. COUNCILMAN SCHONDEBARE: The last one on D. Conclusions. It would be D[2): "Consistent with the social, economic'and other considerations, adverse impacts revealed in the SEQR process will be minimized to the' maximum extent practicable by incorporating those mitigative measures in'the DEIS and FEIS into any developments or projects under~ the jurisidction of the Village of Greenport." I move we table it,' have a recess and ~i~ iitn COUNCILMAN TOWNSEND: Personally, if'you're 9oin9 to vote against it, I don't understand why you're, voting on. it at all. [ feel we should vote on it.' I Would like' to. present it as a resolution. RESOLUTION TO TABLE RESOLUTION NO. 25: Moved by Councilman Schondebare, seconded'by Councilwoman Cochran, it was RESOLVED that Resolution. No. 25 be TABLED. Vote of the Town Board: Ayes:.- Councilwoni'~n Cochran, Councilman Schondebare, Councilman Stoutenburgh, :SupervisOr Murphy. No: Justice Edwards, Councilman Townsend. This resolution was declared duly ADOPTED.. Moved by Super'visor Murphy, seconded by Councilman Stoutenburgh, it was RESOLVED that this Town Board meeting be and hereby is recessed at 5:20 P.M. Vote of thi~ Town Board: Ayes: CouncilWoman Cochran,. Councilman Schondebare, Councilman Stoutenburgh,. councilman Townsend, Supervisor Murphy. No: Justice Edwards. . This resolution was declared duly ADOPTED. (During this recess the Board discussed the content of p~r~oposed Resolution No. 25.) Meeting reconvened at 5:40 P.M. ' - ~ SUPERVISOR MURPHY: I ~ould lik~' to offer the foIiow~ng'amended Resolution. No.. ~'~, ~ COUNCILMAN TOWNSEND: I accept the amendment and second the motion. 25.-AMENDED RESOLUTION NO. 2K: Moved by Supervisor Murphy, seconded by Councilman Townsend, WHEREAS, the Town of Southold has received a petition for an annexation of some 48.7+ acres to the Village of Greenport, and WHEREAS, the Town Board of the Town of Southold has been designated as lead agency for this action pursuant to the State Environmental Quality Review Act on December 18, 1984, and WHEREAS, by resolution dated January 8, 1985, the Town Board as lead agency determined that the proposed action is a Type I action and likely to have' a signif~ icant impact on the environment and that an environmental impact statement be prepared by the applicant, East End Associates, and WHEREAS, the Southold Town Board and the Greenpo, rt Village Board of Trustees conducted a joint public'hearing on the annexation petition on December 6, :1984, and WHEREAS, on February 15, 1'985; one John A.. Costello took title to the premises, the subject of the proposed action, and ' '- WHEREAS, on March. 5,'. 1985 by .letter to the .Town. of Southold and Village of Greenport agreed to complete the draft environmental impact statement (D:EIS); and WHEREAS, said DEIS' was filed with .the Town Clerk on March 11, 1985 and found to be complete and sufficient for .review and circulated for public comment, and ~ WHEREAS, a 'hearing on said DEIS was held on May 16, 1985' following a public _ ' comment i~eriod, and , ~ . ' WHEREAS, by resolution dated June 4, 1985 the Town Board directed the applicant to prepare a final ElS (FEIS) to address concerns raised at the public hearin9 and by the Town Board, and WHEREAS, the comment period on said FEIS' expired on July 8,: 1985; and WHEREAS, 6NYCRR 617.9(c) requires that .the..Town Board make findings before rendering a decision on the proposed action, now, therefore, be it RESOLVED that pursuant to 6NYCRR 617.9(c) the Town Board of the Town of Southold hereby makes the following findings for the petition of John A. Costello for 48.7 acres proposed to be annexed to the Village of Greenport: A. All SEQR Procedural Requirements Have Been Complied With. 1. All requirements of SEQR and Chapter 44 of the Code ol the Town of Southold have been complied with. 2. The Town Board has given consideration to the DEIS, public comments thereon, and the FEIS and comments thereon. 405 B. The Proposed 'Annexation W;ill Not Have a Significant Adverse Effect on the Environment. ~ ~ ~:/~',,:.'~i'i i ~::',, ~' 1. The annexation and subsequent rezoning to the R-1 Zoning classifica- tion of the Village of Greenport will not have a significant effect on the environment. 2. Potential' negative impacts have been identified in the DEIS. and measures to mitigate adverse impacts have been proposed in the D~IS and FEIS. 3. Any proposed development on the premises proposed to be annexed to the Village of Greenpo~t would be subject to a SEQR determination at the time it is submitted, for local approval. (~. Summary The SEQR findings can be summarized as follows: 1. The proposed annexation of 48.7 acres to the Village of Greenport will 2, The concomitant rezoning from RA to R-1 will'not have a significant effect on 'the environment, 3, Mitigative measures to minimize' potential adverse 'impacts of development proposed under the Village Zoning Ordinance have been incorporated into the FElS; 4, Development proposed in' accordance with the Zoning Ordinance of the . Village of Greenport would again be subject to SEQR at the time of submission. D. Conclusion 1. Consistent with social', economic and other essential considerations, from among the reasonable alternatives examined in the SEQR process for the proposed'action under consideration minimizes adverse environ- mental effects to the maximum extent practicable, including the effects disclosed in the DEIS and FEIS. 2. Consistent with social, economic and other considerations, adverse 'impacts revealed in. the SEQR process will be minimized to the maximum extent practicable by inCOrporating those mitigative measures in the DEIS and FEIS. SUPERVISOR MURPHY: Any comments? . COUNCILMAN TOWNSEND: The only reason I'm. voting for this'resolution as amended is'that by not. voting for it we Would-'.:l~r(~lude a vote on the annexation itself, which has not.been formally taken and 1'm hopeful somebody will'see the light between now and two weeks_from now. ! think it 'weakens the determination in'that it doesn't fully explain the reasons for allowing any kind of environmental degradation at ali. I_think it can be challenged on that basis; :but I have no alternative at this point but to go along with it. SUPERVISOR MURPHY: Anyone else like to comment? (No response.) 25.¥VOTE ON RESOLUtION. NO. 25': Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare~ 'Justice Edwards, Councilman Townsend, :Supervisor Murphy. No: Councilman Stoutenburgh. This resolution was declared 'duly ADOPTED. SUPERVISOR MURPHY: Okay, that's the end of-our prepared and added-on agenda. At this time I'd Ilke to ask any Town Boardlmembers. if 'they have' anything'further . to say? Ray? [Nothing, ~hank you,. Frank,') Jean? ..[Nothing, thank ~Ob~:) Paul? [No.) Joe? COUNCILMAN TOWNSEND: yes., on that same is§ue. I think-¥l'm not happy with what happened today, ! think that we're going to prolong the process at the. very best we'll prolong the process that Would have resulted in some lower cost housing and at the very worst we may have eliminated the possibility. Hopefully between now and the next meeting some Councilmen will reassess their position and go along with it, That's all I have to say. SUPERVISOR MURPHY: Jay? (Nothing, Frank.) Okay, I have nothing further to say. is there anyone in the :audience would like to address the Town Board? GREENPORT VILLAGE TRUSTEE DAVID KAPELL: i'm speaking tonight on behalf of the Village Board. We have an appointment with you, I understand, and the subject of that appointment' was to discuss a resolution which was adopted by the Village Board and forwarded to your Board. concerning the status of zoning of certain parcels located on the North Road in'the vicinity of Main Street in the unin~:orporated section of Greenport. Are you ail familiar with the parcels in question and the issue at hand? You have here four parcels which are-currently zoned "B", which is'the Light 'Business District in' the Town of Southoid's Zoning Ordinance; SUPERVISOR MURPHY: Would you rather do it in this--- TRUSTEE KAPELL: you weren't going to meet with us. SUPERVISOR MURPHY: We certainly are. TRUSTEE KAPEI-L: All right,, very good. SUPERVISOR MURPHY: We have the appointment with you. finish the Town Board meeting. TRUSTEE KAPELL: Oh, hear from me. SUPERVISOR MURPHY: TRUSTEE KAPELL: Well] I don't know. You gentlemen--the appearance ! got is that We're .iust trying to l~m sorry. ! thought that this was the time you wanted to Strike him from the record, Judy. No, don't strike it from the record. SUPERVISOR MURPHY: part of the record? Would you like to' make your statement then, Dave, as SUPERVISOR MURPHY: Make' your statement as part,of the record then. ContinUe. TRUSTEE KAPELL: The Village Board'.s~.concern arises ~out of the fact that you have sites which are zoned for Business development under the Master Plan which is 'pending -before you. These sites are to be rezo~ned to a lesser business zoning, which Would allow more intense business development in'three of the sites and perhaps slightly less in+~ensive business development at the fourth, which is'the Brecknock Hall site. These sites are between the ~ Village of Greenport and a large section of the population which the downtown commercial district ~currently serves, being that area east of the Village, including the hamlet,~ of Orient and'the hamlet of East Marion. What will'happen if these sites are developed with retail and professional office space is that our commercial disl~rict will be short circuited from those markets. The Orient residents and the East Marion residents will'stop at service facilities which will'be located on these sites and will not come into the downtown business dis~ric~ of Greenport~ whicl~ now relies heavily on that trade, in addition, there will'be an aesthetic disaster which will 'take place and compound a.traffic condition which is 'unacceptable at best as it~currer ~y the sum total is'if the Town Board,~if it 'does not act to correct this' made years ago with the current designation, let alone worsen itwith th that are included in the Master Plan, ! think you'll be burying your heads in I'm disturbed and the Village Board is disturbed that there's been no resp to the resolution that was forwarded to you and we're here tonight .to find Out what.. .you intend to do. We would lik~ to see some action on it.' At the. very Feast we woUld like to see a public'hearing scheduled so we can find out how the public'feels about it. Obviously it's outside our jurisdiction, 'but we feel that these sites and the development of these sites, which has not yet taken place, will impact severely on our downtown commercial districl~, and that's what we're here to talk about. If'you'dHke to now sit down around the table and discuss itTin'an informal way--~- SUPERVISOR' MURPHY: Is'that your statement? MR. KAPELL: That is'my statement. Thank you. SUPERVISOR MURPHY: is there anyone ~ else in ~he~audience Would like to make a statement? ,(No response.) If not I Would entertain a motion to adjourn. Moved by CouncilWoman Cochran, seconded by Councilman Schondebare, it 'was RESOLVED that this Town Board, meeting be and hereby is adjourned at 5:48 P.M. Vote of the Town Board: Ayes: Councilwoman Cochran,. Councilman Schondeb'are, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. ~ TRUSTEE K^PELL: No, we can do it informally. JULY 16, 1985 407 .WORK SESSION 5:45 P.M. - Present: Southold Town Board members: Supervisor Francis J. Murphy, Councilman LJoseph L. Townsend, Jr., Justice Raymond.W. Edwards, Councilman Paul Stoutenburgh, Councilman James A. Schondebare, Councilwoman Jean W. Cochran. Present: Greenport,Village Board members: Mayor George W. Hubbard, Trustee David Kapell, Trustee Gall F. Horton, Village Clerk Nancy W. Cook. The Greenport. Village Board' members reiterated their concerns, as expressed in a resolution of April 15, 1985:, relative to certain properties located in' the Town of Southold adjacent to the intersection of County Route 48 and Main Street, in' the un- incorporated area of Greenport, which'are zoned "B" Light Business District on the current Town of Southold Zoning Map, and the pending Town Master plan proposal ~na~ five of ihese properiie§ be rezoned ::B-i" ..... ' .... " .... :=~-:-~ "~'~ !s lower zoning classification. Trustee Kapell~s foregoing statement prior to the conclusion i~f the Regular Town Board Meeting covers the purpose of this-meeting with the Town Board. The Town Board discussed the possibility of declaring-a' moratorium on "B", and "B-l" Districts and Would.further discuss oh July 18th when they hold their-'riext Master Plan review session. · ~ ' T.. Terry ~ Southold Town Clerk.'