HomeMy WebLinkAboutTB-07/30/198541 4
SOUTHOLD TOWN BOARD
JULY 30, 1985
Present: Supervisor Francis J. Murphy, Councilman Joseph L.. Townsend, Jr.,
Justice Raymond W. Edwards, Councilman Paul Stoutenburgh, Councilman James A.
Schondebare, CouncilWoman Jean W. Cochran, Town Clerk Judith T. Terry, Town
Attorney Robert W. Tasker (10:40 A.M.)
9:00 A.M. - The Board began the .audit 'of outstanding vouchers, and discussed
off-a~tenda items: (1) proposal for additional bond coverage for the bookkeepers
which the Board agreed to increase to $50,000 per person (see Resolution No. 31).
(2) Proposed Scoping .,meetin~l for Southport Development DEIS which the Board set
for 7:00. P.M., August 6, 1985. (3) Pending decision re: Hodor/Staller relief petition
which will be placed on the August 13th agenda. (4) Request for ~4~00.00 by North-
east Stage - Board agreed and Resolutio6 'No.' 32 was placed on .the regular meeting
agenda. (5) Discussed pending' decision re:: Thomas E. Samuels Draft ElS, and agreed
it should be non-significant and a hearing on the Wetland Application held (see Resolutio:
33 and 34). (.6') . Letter from Town of Brookhaven Councilman Zimmer requestinc, t con-
tribUtion for ~'A Salute to Lon~] Island, Grucci Style" - Town Board agreed they did-
Hot wish to, particiPate. (7) Lette~ from East'End CommunitY Services, I~C.-'relative
to a $2~5','000 grant from the Tow'n, which the Boa~'d agreed they were not aware was .
formerly adopted. A meeting between the Board, Stanford J. Searl, Jr.~ Executive
Director of East :End Community Services, Inc., ~Suffolk County Legislator, Gregory
Blass,. Venetia McKeighan, Director of the Southold Town Nutrition Program will be
arranged to:further discuss the plans of East End Community Services, Inc. (8)
Receipt of Civil Service List for Planning] Aide was discussed and the Board agreed
to arrange for interviews of the first four individuals on the |ist. (9) Letter from
Sixth Annual Douglas Moore. Memorial Concert. Committee request!n~ funding was
reviewed and the Board agreed .to' $500'.'00 funding as in past years (see ReSolution
No. 35). (10) Discussion relative to pendincj appointments to the Licensi.ng Review
Board. Whereas there were no resumes received, the Board agreed to inquire whether
present members are wi.lling to be reappointed. Town. Clerk will contact those members.
Supervisor Murphy reported on his recent trip tO Texas to see the demonstration
of the Co-Compostin~ Facility, at Big Sandy, sponsored by the management of Eweson
Corporation, which was also attended by Sanitation Supervisor Rodney Douglass and
Consulting Engineer Randall Woodard. He stated that this process is about one quarter
of the cost of an incinerator and arrangements are being made for a presentation to
the Town Board in the near fUture.
10:15 A.M. - Frank Bear, Chairman of the Water AdvisO,ry Committee, met with the
Board, to request that the Board schedule a meeting with the. Committee to discuss
two recent.meetings they had with the Town of Riverhead and ERM-Northeast relative
to water treatment. The Board scheduled this joint meeting for 8:00 P.M., Tuesday,
August 6, 1985.
10:20 A.M. - Councilman Stoutenbur~lh and Town Trustee Frank Kujawski, Jr. discussed
with the Board recent correspondence between the Supervisor, Town Trustees and
Suffolk County Department of Public Works concerning proposed dredging of the entr,~:E
of Hallock's Bayl ' The Trustees had been questioned by members of the public at th~ '1
June meeting with respect to observations of persons survey.ng the mouth',of Hallock'~ ~
Bay, and the Trustees were under the impression the proposed dredging was droppe~~
from the 1985 list for Southold Town. Supervisor Murphy assured both Councilman
Stoutenburgh and Trustee Kujawski that immediate dredging is not proposed and a
permit for same would only be used in the future if the need arose.
10:25 A.M. - The R. W. Beck and Associates' Engineerinc, l Overview Study Establish-
ing a Municipal Electric Utility in the Town of Southold was discussed briefly, and
it was suggested that a copy of the Study be forwarded the Power Authority, James 1.
Monsell, Superintendent of Utilities, Village of Greenport, Seacom, and Wallace Duncan
of Duncan, Weinberg & Miller, P.C., Washington, D.C.---Board discussed violations
of the Fire Code at the Fishers Island Move Theatre, many of which are in the process
of being corrected. Whereas the theatre is owned by the Town, the Board urged the
Supervisor to make every effort to see that the necessary, corrections are made immedia-
tely, which he is in the process of _doing.~i'he Board began reviewing, ,agenda resolution
11:15 A.M. - Assessor Aide Jack Sherwood and William Peters, Cutchogue, met with
the Board to discuss the County's decision not to dredge Little Creek unless public
access is made available. The access in question would be two private roads known
as Redwood Road and Meadow Lane in the Nassau Farms subdivision. The roads have
never been dedicated to the Town and do not appear on the tax rolls. Town Attorney
Tasker will prepare a quit claim deed for signature of the developer Ralph Sterling,
and conduct a title search of the areas in question.~
11:25 A.M. - Herbert Mandel, Chairman, and George Wetmore, Vice-Chairman, Housin~q
Advisory Committee met with the. Board to discuss the Housing Advisory Committee's
report and recommendation relative to affordable housing. Mr.. Mandel reviewed the
report which recommended (A) Ease zoning regulations to create districts ot~ varying
densities; and (B) Create a Housing Authority. Mr. Wetmore briefly addressed a
proposed ~n. nin~ ordln~n~,~ he d~ff~d.--~uoervisor Murphy stated that the Board had
iust received the report this morning and need time to study it, after which he will
schedule a meeting between the Town Board, Planning Board and Housing Advisory
Committee.
11:35'A.Mo -The Board, continued reviewing agenda resolutions.
12:05 P.M. - Recess for lunch.
1:50 P.M. - Work Session reconvened.
2:10 P.M. - The Board began discussion of the pending discussion on the petition
of John A. Costello (formerly East End Associates) for annexation of certain property
at Moores Lane and Route 48, .Greenport~ into the Incorporated Village of Greenport.
William Gil!ooly, Community Development Director for the Viii, age asked to address the
Board relative to this subject. He. urged the Board to vote for the annexation.as they
now have the opportunity to create' affordable housing, which will not happen unless
the.property is annexed to the Village, because water and sewer hookups could not be
approved for years if the property remains in the Town. Supervisor Murphy and
Councilman Schondebare questioned the hook-Up fees, to which Mr. Giliooly replied
are a requirement of village law if outside the Village, and could be waived in' the
property were annexed.. Councilman Townsend, in favor of the annexation proposal,
along 'with Justice,Edwards,~ COntin(Jed his arguments in an effort to persuade the
Supervisor and. Councilmen Stoutenburgh, Schondebare and Cochran to vote in favor.
2:45 P.M. - The Board. concluded the audit of'outstanding vouchers.
REGULAR MEETING
3:00 P.M.
A Regular Meeting of the Southold Town Board was held on Tuesday, July 30,
1985 at the Southold Town Hall, Main Road, Southold, New York. Supervisor Murphy
opened the meeting 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 1/V. Edwards
Councilman Paul Stoutenburgh
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
SUPERVISOR MURPHY: The first order of business I Would like to have a motion
to approve the audit of the bills of the July 30th meeting.
Moved by Councilwoman Cocbran,_ seconded 'by Councilman Townsend, it was
RESOLVED that the followin9 audited bills be and hereby are approved for payment:
General Fund Whole Town bills in the amount of $36,648.95; General Fund Part Town
bills in the amount of $26',919.63; Highway Department bills in the amount of $1800.27;
Fishers Island Ferry District bills in the amount of $2,506.54; and Southold Wastewater
Treatment Plant _bill-s in .the amount of $2-22,484.30.
Vote of the Town Board: Ayes: ' Councilwoman Cochran, Councilman Schondebare,
Councilman St°utenburgh, justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: I'd like a resolution to approve the minutes of the regular
meeting of July 16, 1985 and of the special meeting held on July 18, 1985.
Moved by Justice Edwards, seconded by CouncilWoman Cochran, it was
RESOLVED that the minutes of ~he Regular Southold Town Board Meeting held on
July 16, 1985 and the minutes of the Special Southold Town Board Meeting held on
July 18, 1985 be and hereby are approved.
Vote of the Town B~d~ Ay~' ~o~ci!wnm~n ~n~hr~n: Councilman Schondebare~.
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy7~
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: I'd like a resolution to set the next meeting date for August
7, 19~5, 1:00 P.M. on Fishers Island at the High School, and on August 13th, '1985,'
7:30 P.M., Southold Town Hall.
Mo~ed by .Justice Edwards, seconded by Councilman Schondebare, it was
RESOLVED that the next regular meeting~ of the Southold Town Board will'be held
at 1:00 P.M., Wednesday, August 7, 1985., Fishers Island School, Fishers Island, New
York, and 7:30 P.M., Tuesday, August 13, ~1985, Southold TownlHall, Main Road,
Southold, New York.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Ju§tice Edwards, Councilman Townsend, Supervisor MUrphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, at this time I- think we will deviate from our regular
order of business and being that'there's a lot of people here I Would like to state in'
the very beginning, at 4:00 o~clock the Southold Town Board has a very important
meeting scheduled with our planner on the Master' Plan, the Zoning Board of Appeals
and the Planning Board. At that time, if the meeting is not completed, we will recess
for a period of time to have that~ and then go back into the regular meeting, and out
of courtesy to everbody here~-I assume' most everyone is_here to discuss or to see ~
what action the Town Board is going to take on Resolutions No. 26(a) and 26(b),- so
with the Board's permission this' morning, we are going to move on to Resolution No~
26. i'd like to ask Jay, would you lik~ to read it? Resolution 26(a).
26.
(a)
RESOLUTION AND DETERMINATION. - EAST END ASSOCIATES' ANNEXATION PETITION.
The following resolution was offered by Councilman $chbndebare ,
seconded ,_by Councilman Stoutenburgh
WHEREAS, East End Associates has heretofore presented a petition to this
board requesting that the territory described in said petition be annexed to
the Village of Greenport, and
WHEREAS, a public hearing with respect to said petition was duly held
jointly with the Board of Trustees of the Village of Greenport on the 6th day
of December, 1984, to hear any testimony and receive evidence and information
which may be presented concerning the said petition and the question of
whether the proposed annexation is or is not in the overall public interest,
and
WHEREAS, this Board was determined to be lead agency pursuant to the
provisions of Article 8 of the Environmental Conservation Law by resolution
duly adopted on the 18th day of December, 1984, and
WHEREAS, by resolution duly adopted on the 8th day of January, 1985,
this Board determined that the annexation requested in said petition was likely
to have a significant adverse affect upon the environment, and that the
petitioner shall prepare a draft environmental impact statement, and
JULY 30, 1985
417
the comPle~i~(~Io, f~;,~uchF draft environmental . impact
WHEREAS, upon
statement and the filing and acceptance thereof, this Board held a public
hearing thereon, pursuant to due notice, on the 16th day of May, 1985, and
WHEREAS, this Board thereafter by resolution adopted on the-4th day of
June, 1985, determined that the proposed annexation was likely to have a
significant adverse affect upon the environment and requested that the
petitioner prepare and file a final environmental impact statement, and
WHEREAS, upon the completion, filing and acceptance ot zne T~nal
environmental impact statement this Board duly adopted a resolution on the
16th' '~lay of July, -1985', 'determining that the proposed annexation was not
likely to have a significant affect upon the environment for the reasons set
forth therein:
NOW, THEREFORE, this board does hereby make the following findings
and determinations with respect to compliance of the said petition with the
provisions of Article' 17 of the General Municipal Law and with respect to the
affect of such proposed annexation on the overall public interest, to wit:
I. That the said petition substantially complies in form with the
provisions of Article 17 of the General Municipal Law.
II:'That the proposed annexation is not in the overall public interest (-1)
of the territory proposed to be annexed, or (2) on the remaining area of the
Town of Southold in which such territory is situated, for the following
reasons, to wit:
(a) Zoning and Planning. As indicated on the map annexed to said
petition, the area of the territory, sought to be annexed comprises 48.7186.
acres of. vacant land. The land on the south and west of the territory in
question is within the incorporated Village of Greenport. and owned by the
Village of Greenport and is uninhabited land utilized for park and watershed
purposes by the Village. The land to the east and north (across North Road,
County Route 48) is outside the incorporated limits of the Village of
Greenport and is used, occupied and zoned for one family' dwelling purposes.
The territory sought to be annexed and the land lying to the north and east
thereof is within the present "A" Residential and Agricultural District under
the Town of Southold Building Zone Ordinance which provides for a minimum
size lots of 80,000. square feet. The zoning ordinance of the Village of
Greenport adopted in October, 1971, provides that areas annexed to the Village
shall be in the R-1 zoning district which requires a minimum lot size of 10,000
square feet without regard to whether public sewer or water is provided.
Therefore, if the territory in question were annexed to the Village of
Greenport~ the zoning requirements of the Village of Greenport would permit
eight times the number of dwellings to be built than is allowed by the Town's
current zoning code.
~he petitioner, at the public hearing, held pursuant to Article 17 of the
General Municipal Law, and the hearing on the draft environmental impact
statement indicated that it was proposed to develop the land in the territory
to be annexed by subdividing a portion thereof into in excess of 70 lots of
10,000 to 15,000 sq. ft. in area for sale as single family dwelling plots to
provide "affordable homes" for local residents. Petitioner also proposes to
seek a rezoning of the westerly portion of the property to permit~the creation
of ~ight plots each containing approximately 3 acres, to be sold for the
establishment of commercial uses thereon. At .'the present time, the Village of
Greenport has no laws or regulations providing for the approval of plats, nor
any standards and specifications regulating the construction of streets and
other required facilities and improvements to be constructed therein, as
authorized by Article '7 of the Village Law.'
The petitioner, at the hearing held on the annexation petition, indicated
that if the annexation is approved, he desires that Town Planning Board have
jurisdiction of the development of the proiect rather than the Village Planning
Board, since the Town Planning Board has in effect rules and regulations
governing the subdivision of land and standards for the construction of the
required facilities, as 'well .as many years of experience in such matters,
whereas the Village of Greenport has no such rules, regulations or
experience. There appears to be no objection to such procedure voiced by the~
Trustees of the Village of Greenport, In furtherance of such desire, the
petitioner, during the pendency of this'proceeding, has filed plans and maps
with the Town Planning Board for the developmenl of the subject property
and attended several meetings of said Board with respect thereto. With
respect to the Planning Board exercising 'jurisdiction with respect to plat
approval and the supervision of the construction and development of the
subject property, if annexed to the Village of Greenport~ the simple answe~
is that neither the Town or any of its boards, agencies, officials or
employees have any juris~liction, powers or authority in such matters with
respect to land located outside the territorial boundaries of the Town.
As previously indicated, the petitioner proposes to seek the rezoning of
a sulJstantial portion of the subject property to commercial' uses. The area to
be rezoned is located along the westerly portion of the property abutting
Moores Lane (a Village Street). On the west side of Moores Lane is
approximately 2.50 acres of land owned by the Village of Greenport and
dedicated for watershed and park purposes. Under the Town zoning map and
gULY 30, 198,5
zoning, code, all other surrou~cii6~,i~i!a~-i]~ 'Z~d for single family residential
use. To create a commercial' use zone dis[rict as proposed by petitioner
would, in-this Board's .opinion, constitute spot zoning, and further would be
in conflict with the Town's Comprehensive Plan for the future development of
the Town. it is also this Board's opinion that the establishment of such a
-commercial zone in' close proximity to the planned development of the
remainder of the subject property for single family residential' uses would not
public: interest of. the homeowners purchasing SUCh
be in the overall
residential' sites.
(b) Real
Property Taxes. The subject property is presently
assessed on the current tax roils of the Town of Southold at an assessed
valuation of $14,400.00. The current taxes for Town, County, School and
Special' District purposes is $5,1'03.81, of which the' tax for general town
purposes is $693.2~. _
The. current Town Tax rates (1984-85) for real property outside
and inside the Village of Greenport per $1,000.00 of assessed value are:
Outside Village $69. 324
Inside Village 26.765
The current (1985-86) Village of Greenport tax rate per $1,000.00
of assessed value is $148.30.
If annexation is approved, the Town and Village taxes per
$1,000.00 of assessed valuation would be $175.07.
If annexation is not approved, the Town taxes per $1:000.00 of
assessed valuation would be $69.32.
If annexation is approved, real property taxes for Town and Village
purposes per $1,000.00 of assessed valuation will increase from $69.32 to
$175.32, an increase of 152.54%. Such a significant tax increase cannot be
deemed in the overall public interest of ~he future homeowners purchasing
lots in the territory in question, and would not appear to be consistent with -
petitioner's purported purposes of providing "affordable housing".
(c) Water and Sewer. Petitioner asserts that his principal reason
for having the subject premises annexed to the Village of Greenport is to
qualify for hook-up to the municipal water and sewer systems of the Village
of'G reenport.
The Village of Greenport now holds a franchise to supply water service
within its franchise area, which embraces a substantial area in the Town
outside of the Village's incorporated limits. The territory sought to be
annexed is within the Village's franchise area. The Village presently services
more water customers outside the Village than within the Village. As the
420
JULY 30~ 1985
holder of such franchise, the Village is obligated to supply water services to
the subject property under the same terms and conditions as it presently does
to the residential communities to the north (Eastern Shores) and to the East
(Fleetfield) of the, subiect property, whether or not it is annexed to the
Village.
The petitioner also asserts that if the subject premises is not annexed,
he will be required by the Village to pay it a water and sewer hook-up
charge of $4,500.00 to $5,000,00 per lot. Presumably, if annexation is
approved, such charge will be waived. No explanation is given for such
charge. It has not been extracted in other similar instances (i.e. San Simeon
Retirement Community). The only conclusion that can be drawn is that the
Village seeks to increase its tax base by withholding its water and sewer
services, unless annexation is approved.
There appears to be no rational reason why a hook-up charge ~s
demanded by the Village for sewer and water extensions outside the Village,
and no such charge made for such extensions within the Village, unless it is
assumed that such charges within'the Village are defrayed by taxes assessed .
against all 'the taxable real property within the Village. If such is the policy
of the Village, then to approve the annexation of the subject territory would
not be in the overall public'interest of the present taxpayers of the Village of
G reenport,
For the reasons hereinbefore, set forth, this Board does hereby
DETERMINE that it is' not in' the overall public' interest to approve such-
proposed annexation of the territory set forth in the petition of East End
Associates.
SUPERVISOR MURPHY: This 'is a Town Board' meeting. We're voting on a
resolution. The only people who will comment on the proposed resolution are
Town Board members. Out of courtesy to every(~ne here, and I appreciate
everybody coming out here today to let us know your.-feelings and all~- We will
open it up for a discussion after. I remind you again that it 'will be cut off at
4:00 o'clock because of the special' Town Board meeting that we have to attend.
At this time I'd like to ask if'there's any. Councilman would like to make any
- comments?
COUNCILMAN SCHONDEBARE: Very simple. It"s .probably the most difficult
descisi0n I've had to make on this ToWn Board to date. It's not easy.
SUPERVISOR MURPHY: Joe?
COUNCILMAN TOWNSEND: I,m sorry that the vote is-going to go the way I
understand it's going to vote. I think We're missing an opportunity to' help
a group of peoPle that has been largel¥~overlooked and I think .that by approving
the annexation we Could have facilitated a project that Would have been valuable
to the overall Town. I'm not going to repeat all the debate and the arguments
that have gone on for the last couple of weeks. It's my hope that maybe someone
will change their, vote and at: least pull this'thing into a tie.
SUPERVISOR MURPHY: Paul?
COUNCILMAN STOUTENBURGH: .Surely my. concern is for the young and old
both that are looking for affordable housing. My entire teaching, career, before
I retired, was spent in'the Village of Greenport and so I think l::know some_of
JULY 30, 1985
421
the people there and I can respect them and I hope I understand some Of th~m,
but I do believe in the'long run. feat ithe people will'have to carry the burden
of this project. I'm convinced that it if 'it was done in the Town of Southold I
think perhaps, with the taxes being less in the long run, ~he people that were
in that area would be better off. I can understand the problem of affordable
housing, I have three children of my own and my youngs has just, after three
years, found a place and I hope he can keep the payments up on it, so I do
know the problems here. i just feel that in the long run it's going to be better
that we try to find a different way to utilize' that parcel. That's about all I
have to say, Frank.
SUPERVISOR MURPHY: Thank you, Paul. Jean?
COUNCILWOMAN COCHRAN: I think many of you here know me and know my
backg[oui'td died I,,Gv~ '~ .... ' Gu~,~,~,, ......... ~'~'~ "~'"~'~l .... ~ ,~n,~l~r ......~11 of my lif~. I have sul~oorted. .
them from the time they are little people right up until they are adults. We've
discussed this annexation for the past two months, with more intensity in the past
couple of weeks. I have talked to many persons on my phone, on the street, in
the local stores. I've had people come to my home. I too feel that this is not the
complete answer to affordable housing. My position is firm and I think the resolution
states clearly some of the reasons why.
SUPERVISOR MURPHY: Judge Edwards?
JUSTICE EDWARDS: It looks like' Joe and I have the same feeling. I have seen the
community of Fishers Island decrease in population from, I'll say, 600 to less than 300
and I think it's basically because of the housing shortage on Fishers Island and I Only
wish it were possible to have a section of property like this available on.the Island to
do the same for affordable housing. I think it's needed and only ten years down the
road will we see whether or not we did the proper thing here today. Thank you,
Frank.
SUPERVISOR MURPHY: . Thank you. I agree with Jay that this-is probably the most
difficult decision that I've had to make on the Town Board and I Would like to read
a prepared statement so that there is no misunderstanding of what I do Say. This
will be available for anyone after: From my surveys, my personal knowledge and
experience, and the town surveys, ! .know that there is a desperate need for afford-
able housing in Southold Town. In each of-my campaigns I've stressed the fact that
we must find ways to provide :such housing for .the young people and the senior citizens
in our Town. i've worked for six years to provide accessory apartments to help our
townspeople to find an affordable place to live. Unfortunately I've had little, if any,
support. Let me make: myself very clear -. I am in favor of legally guaranteed affordable
housing. However, the issue we all.co~front today is not an issue of affordable housing.
Mr'. Gustavson, executive editor of a local newspaper, has done a great disservice both
to the people of Greenport Village and the entire township by presenting the story as
one dealing only. with affordable housing. Our. vote today is one concerning annexation,
that is, we are. voting to determine if,'we want to turn approximately 50 acres in the
Town of Southold over to the Village of Greenport. Our vote today is to decide about
allowing either approximately 20 to 24 lots, according to Southold Town two acre zo'ning
per building lot, or up to approximately 190 lots, according to Greenport Village 1/4
acre zoning per building lot, on a parcel of land presently owned by Mr. John Costello..
if this annexation occurs, there can be no legal covenants that will assure affordable
housing. Mr. Gustavson says that I have a dilemma. You are wrong, sir, I have no
dilemma and furthermore I resent your making this. vote into an affordable housing issue
when it Clearly is an is§ue of annexation which would result in a zone change. ,A zone
change holds many implications for all of'us. At numerous Town Board meeting, all
members, of the Board. voiced various concerns about this annexation which is an un-
precedented zone change in'the Town. The straw vote 'resulted in a majority of the
~members of the Town Board in'a bi-partisan grouping, not a political one, two Democrats
and two Republicans, voting against annexation. Now I ask the editor, does he have a
dilemma in trying to remain objective as a political commentator while his natural
instincts and long standing friendship with ~my opponent tend to have him see. contro-
versy where there is none? I repeat, I have no dilemma. I will continue to search
for ways to provide affordable housing for Southold Town residents, but I will not
. vote for a zone change which holds no guarantees and which jeopardizes both the
fiscal stability of the Village of Greenport and the legal positiOn of the Town of
Southold. Now, let' me explain my specific concerns. There is a possible loss of
$375,000, up to one million dollars,' to the Village of Greenport in the proposed plan
because of the special exemption held by being in the Village. Do the people of the
Village of Greenport want to lose this potential money? The residents of this.project
would pay approximately 1/3 more in taxes by being part of Greenport Village. How
does this 'hlelp .these people? The Town of Huntington and the former Town Supervisor
are presently being sued for over a million dollars because of a lack of good faith
effort to provide affordable housing. Since our last meeting I've been assured that
the Town 0f Southold will re,~ive HUD credit whether or not the site in question is
annexted by Greenport Village. This'verbal commitment allays my concern about the
Town of Southold being able to continue town funding from HUD. My concern was
not a personal one as indicated in the newspaper, as usual I was doing my job as
422
JULY 30, 1985
Supervisor, which is to insure that the Town's interests are being pro-tecl~ed and the
future possibility of a town-wide lawsuit is'being avoided. This is the complete
explanation of what is meant by credit. I am very. concerned whether or not this
project of Mr. Costello's will'truly provide af~fordable housing. We can have no legal
guarantee that this will ' happen and if the land is annexed the Village of Greenport
can have no legal guarantee either. There is no legal way that we or the Village can
place any covenants on the project. My past experience would rely on the history of
Driftwood Cove. This was affordable housing, which now has evolved into coops and
Southold Town people are being forced out by escalating costs. I sincerely believe the
best interests of the people of Southold who are seeking affordable housing would be
met by the town buying Mr. Costello's housing property. This land could be turned
over--could I said--to the Greenport-Housing Alliance to develop affordable housing on
1/4 acre lots. This concept is presently being provided for in the new Master Plan ~
which we hope to adept soon. Seed money could be provided by the Town to the
Alliance throuqh unique financinq and then repaid as the homes are sold. Legal ,
covenants and-restri(~tions, which are appropriate under these conditions, will protect['~
both the Town and the homeowners. I first mentioned this concept at the dinner
meeting of the League of Women Voters last spring and was disappointed that the local
Greenport paper failed to report it. According to appraisals received by the Fa'rmland
Preset"ration. Committee, raw farmland sales presently average $8,0'00 an acre. At 114
acre zoning each lot selling for the advertised price of $2'0,000. a lot, the developer
would receive' $1~60,000 per two acres, which is a Southold Town building lot. This
is hardly an affordable housing issue. Finally, construction is now under way at
Lakeside Gardens on North Street in'Greenport. Mayor :Hubbard and I, under the
auspices of the Greenport Housing Alliance, have fully cooperated in seeing this project
through, complete with all appropriate legal guidelines and covenants for the protection
of all involved. Affordable housing can be a reality in~Southold Town without imposing
a financial burden upon the taxpayers and by remaining within the .guideline, or credit,
established by HUD. Please understand this/issue. I have proven that I am in favor
of affordable housing, however, I repeat, a. vote on a zo'ne change is not a. vote on
affordable housing regardless of what political pundits would have you believe. I
intend to see that the Village of Greenport is not pushed into Tiscal chaos again. I
repead, I have no dilemma. My priorities are. clear. As Supervisor I am committed
to protecting the interests of all the people of the Town. I am aware of my leg'al
and' moral responsibilities. ! will'not be bullied into making politically expedient
decisions, simply because a local newspaper editOr has a difficult time assessing his
own responsibi'lities to the public; '! Will ' continue to provide' methods for Southold
Town to have affordable housing, but I will not place Greenport Village in a difficult--
financial situation in the process, nor will I vote for a zohe change which gives no
one any legal guarantees. I hope, for the Town's sake, that all reporters can take ~
as s.trong an ethical stand as I have and .fairly report all of the facts in any issue
in the future. Judy, Would you like to. vote?
COUNCILMAN SCHONDEBARE: Just so we understand,that a vote of "yes" means
you're against the annexation and a vote of "no" means you're in favor of the
annexation. So we ali understand. "
SUPERVISOR MURPHY: Right. Everyone understand? (Yes.) Okay.
26. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
(a) Councilman Stoutenburgh, Supervisor Murphy. No: Justice Edwards, Councilman
Townsend.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: We have 26(b) to adopt the Order.
26. ORDER - IN THE MATTER OF THE PETITION OF EAST END ASSOCIATES FOR
(b) ANNEXATION OF TERRITORY TO THE ,VILLAGE OF GREENPORT.
There having been presented to this Town Board a petitiOn of East End
Associates requesting that the territory described in said petition be a~nexe"d
to the Village of Greenport; and a public hearing with respect to said petition
having been duly held jointly' with the Board of. Trustees of the Village of
Greenport on the 6th day of December, 1985 to hear any testimony and
receive evidence and information which may be presented concerning the said
petition and the question of whether the proposed annexation is or is not in
the overall public interest; and this Town Board having, by a resolution duly
adopted on the301hd~y of 'July , 1985, duly determined that it was
not in the overall' public ~nterest to consent'to the annexation of the territory
described in said petition; .Now, on motion"6f Councilman Schondebare
JULY 30
, 1985
seconded by it is
ORDERED that this T'own Bdard does hereby determine that it is not in
the overall public'interest to approve the proposed annexation of the territory
described in the said petition of East End Associates and does hereby
disapprove such proposed annexation and does not consent to the same; and
it is further
423
ORDERED, that the Town Clerk shall cause a certified copy of this
r~rder~ together with copies of the oetition, the notice, the written objections,
if any, and testimony and minutes of proceedings taken and kept on the
hear. lng, to be filed in the office of the clerk of the Village of Greenport; and
it is further
ORDERED, that the Town Clerk shall cause a certified copy of this 'order
to be filed in the office of the County Clerk of the County oflSuffolk.
26.-Vote of the Town Board: Ayes: CouncilWoman Cochran, Councilman Schondebare,
(b) Councilman Stoutenburgh, .Supervisor Murphy. No: Justice Edwards, Councilman
Townsend.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: At this time,, out of courtesy to everybody who came here,
is there anyone over here on the left would like to address the Town Board? John?
MR. JOHN A. COSTELLO: i was the one that had the application for annexation.
I want to iust correct a couple of the .facts that everyone seems to be going on and
maybe they can review them in their 'own conscience and the next project they attack
they can be more clear on. Everybody seems to be concerned that letting the land
go into Greenport was going to create higher taxes for the individuals buying homes.
As stated in'the resolution, that's half the story. The other half the story.is the
kids-or the people who would love to have affordable housing Would have saved on
the cost of water in the Village of Greenport. They Would have saved on sewer and
they would have saved on electricity. ' A considerable amount. That outweighed the
increase in'taxes and if you couldn't calculate it, it was there in the draft and in
the Final Impact Statement. The number of lots, Frank,' that you- address, you said
there was approximately 20 to 2~ two acre lots capable on that project-~-you're right,
22.' 190 houses--!mpossibl'e, if you 'read the Draft Statement and the Final Impact
Statement, you will find 'out 'that the' maximum is '1'70.' You have to put roads in. You
also brought up that you were afraid' of law suits. Good reason. I hope that you
remain afraid of them. Driftwood Cove. you used it 'as an example. I 0nly wish
to hell that Southoid Town had .purchased Driftwood Cove when they had the opportunity
and done something about affordable housing. If nothing else, I hope I stimulated a
few of your minds to address this problem which is dearly needed in Southold, in
Greenport, on the East End and I hope you can do it a lot faster than you've done
this project. There also seems to be a little. ~zendetta going between Frank Murphy
and the newspaper. It was' mentioned about eleven times I had down here.~ More
than any other item. I don't own the newspaper, Frank. Buy it. This, today,
concludes.one more. Everybody's in' favor of affordable housing. I'd like to know
what you've done in the last nine months. I'm willing to listen to any other proposals
any time. Through this :I'm.going to make approximately--by defeat-~more money
going in'another direction and I want to spell out for everybody here~ including the
newspapers, so they don't .have 'to question me too many times, I Still:have a 'bunch
of options open. I could sell that land in "bulk, the way it 'is~ I: Could hold on to
that land. I can divide it up into one acre lots. I can go for two acre zoning. I
can wait for the new Master Plan to be adopted in'Southold and if it takes as long
as this project has taken~ I don't know if I'll wait :that long. '[he other option I
have, I can wait until November and see if there aren't more favorable group and
a more-+-a' better group that is more intent upon addressing this housing soon. Maybe
we'll have that atmosphere in November. Thank you.
SUPERVISOR MURPHY: . Thank you, John. Is there anyone else on the left here,
on my left, would like to speak?' Merle?
MERLON WIGGIN, Peconic Associates: As most of you know I've been working with
John on this as far as the DIS and FEIS and I'm not speaking for myself today, I'm
speaking for the many number of people that came torino and said, we hope that
something can be done about affordable housing and granted, the subject at hand
was not affordable housing, but annexation, which was used as a tool to gain afford-~
able housing, and the business l,m in'i get many people that are trying to find
carpenters, electricians, a few of the marinas, people what work on the roads, people
that do service and they cannot find help. One of the big reasons they have
difficulty is a place for them to live. Now, it would be a sad day if we cannot
have people who live .in Southold Town that do the work for us. They had to
go to Riverhead to live. This 'is 'really not what we want. A good example of
what can get accomplished--could have been accomplished, although this is kind
of water down the river now, is affordable housing can be built for $50,000. A
$20,000 lot makes that a total of $7,0, 000.'. The FHA is anxious to give $60,000
loans.. Many of the businesses are willing to loan their employees $5,000 down pay-
ment and with $$,,00.0 of sweat equity-they: COuld have built a house on this project.
There was reference made to the tax rate. When they did the DIS we got your
Southold Town Tax Assessor, and.l quote.from..his'statement: "The.tax rate if
annexed to the Village Would be 301¥908. If not annexed '354.436." .:lt..[seems too
bad that maybe people 'on the Board were influenced by .figures-that were not ,'
correct. This came from your Town Assessor. I have his signature right here.
The n_the~ thing ! think i~ :fca3 had thnt nn~ nf the olanS for John Coste]lo if-it
was annexed to-the Village was to provide a area for public water supply. The
Town, as well as the Village, needs that public'water supply. The test well of
the best water in'Southold Town was pump tested 250 gpm which comes up to
360,000 gallons a 'day. If this~goes to the one acre with in-ground sewage, as
far as' the .Suffolk, County Health Department, this is lost forever for Southold Town.
· Can your Town afford to do this? 1'here. was a lot of suspicion about the Village of
Greenport to do the project. ! saw George Hubbard here and certainly I think he's
more able to comment on that and I do know that the increase in taxes the Village
would get over a period of time Would have paid for the difference of the hook-up
or key money charges and it was also if they'went and sold lots commercial' they
had an opportunity for some UDAG grants of an estimated total of one million dollars
which now they will:be denied the access to that. I think it's .too bad and I'm sorry.
to see this happen. Thank you.
SUPERVISOR MURPHY: Thank yob;; Is'there. anyone else over on the left?
JAMES 1. MONSELL, Superintendent of Utilities,i Village of Greenport:. Honorable
]'own Board, I hope you've thought this out thoroughly. You did:have some inaccurate
figures as far as the up-front money and key money and backbone money .necessary to
continue the plan,., both the.water, plan.and the~sewer :plan. Life has been pretty good
in Greenport, for many years, at'least for me and those who live there. The request
for water and sewer extensions are not 'coming from within the Village that we're not
able or capable of,handling. The demand--the impact--is coming from the Town and ~
we have been willing to try to' meet those-impacts, but most of your requests for
water load demand and the:fUture are coming from the Town and not the Village. ~
SUPERVISOR MURPHY: Mayor Hubbard?
GEORGE HUBBARD, Mayor, Village of Greenport: Thank you, Frank. I'm very sorry
to see the annexation go down and the reasons was Planning Board, Greenport wasn't
as good as Southold. I think we're as good as Southold Town's Planning Board. We're
a lot shorter then they are. Some of the other things--I never knew that Frank had
a concern with how much money the Village of Greenport is earning or what they're
doing on money matters, but it's always nice to have somebody looking out for our
money. Annexation isn't that so awful l important to us because we will'get our hook~up
fees anyway, but I think the affordable housing was a big issue. I hope someday tha. t
you might reconsider the whole project over again. John's had a lot of patience. It
took nine months to get this :far. i think we wasted a lot of Town Board. time, John's
time and our time. In your resolution you did say the only conclusion.that could be
drawn is'that the Village seeks to increase its tax'base. We haven't even said'that
we were goin9 to accept the annexation at this point, so how can you say we're looking
for tax base because our Board has not officially gone on record of saying yes or
no to it. Thank you.
SUPERVISOR MURPHY: Okay, is'there anyone else? Sir?
ROBERT MILLS: I~' live in Greenport and I'm not interested in any of the figures or
anYthing' like that. I just want to know what you as a Town Board is going to do
for the young people in'this community? - You owe us an explanation. That's all I'm _
going to say.
SUPERVISOR MURPHY: Is there anyone here in the middle would like to speak? We've
got fifteen minutes. Sir?
JERRY BONDARCHUCK: I've lived here, ail my life and i've been trying to find a
place to live. Right now i live in an apartment and I've lived here about six years
and I'm already paying seventeen grand for it. Now, I would like to see that money
go into some property. As far as I'm, concerned, what the young people should do
is all go on strike for a month and give you a taste of what it'~ really going to be
like' in ten years. Thank you.
SUPERVISOR MURPHY: Anyone else here in'the middle? Anyone on the right? Yes,
ma'am?
JuLY 30, 425
ELEANOR KOPEK, Greenport: I thin~, ti~;Board made a very wise decision.
SUPERVISOR MURPHY: Is there anyone else like to address the Board? Sir, in
the back?
AUGIE LAHRMAN, Greenport: I'm a west ender and I been watching this here since
the incept. I believe that the way to make affordable housing is to pay affordable
salaries. The salaries out here'are now. You'd get all the carpenters you want, all
the plumbers you want if ail the people involved would only pay a decent salary, then
you'd have your affordable housing.
SUPERVISOR MURPHY: Anyone else like to address the Town Board? Sir:
FATHER WALKER, Rector of the'Epis(~opal Church, Greenport: To most of you i am
a new-comer.here... I've only' been out here. five years, but in that five year period
I've seen a lot of changes, not only in'my own parish, :but indeed in a Iot:of_p~rishes
around here and I hope within'the changes that we gone through one change that we
do need is'really a change in attitude in trying to work 'something out between Southold,
Greenport. and both boards in trying to keep young people here and trying to put some
good Plans on the books where people are able to afford houses and to stay within our
Town. Thank you.
SUPERVISOR MURPHY: Thank you. very' much. Is there, anyone else would like to
address the Town Board? .(No response.) Anyone on the Town Board. want to say
. anything further?
COUNCILMAN STOUTENBURGH: I think we are under an obligation to let some of
these people know what we .are .trying to do. In .the past six months our Housing
Committee has been working hard, on a plan to alleviate the shortage of housing and -'
bring to the people this much needed low-cost 13ousing we all want. Many of our
members are from the Greenport area that are on this'Housing Committee. ' They have
just 'submitted, today, to us a plan that makes sense and was presented formally to
this Board, at our Work Session this 'morning. The plan calls for spreading low cost
housing throughout the Town so that there would be more than one area to chose from
and bring in'to it the most important factor of competition and therefore perhaps
lower prices. This suggestion includes slackening up on the zoning densities around
the hamlets, relaxing and streamlining.many of the building ordinances and permit
procedures. This, along with other:, unique methods of finance, could go'a long way
towards solving the whole Town's housing shortage problem, it seems to fit well, this'
plan; with our Master Plan that we are now working on. Just today we set up a
meeting with our Town Board,, our HOusing Committee and our Planning Board so that
we could bring this plan into operation as soon as possible and it's through this plan
I rest my hopes on affordable housing for you people in the Town. So we are trying
desperately to do something, but we are trying to do it on a Town-wide basis. I
know we disappoint many of you, -but that's the way it is with being elected and trying
to do your job. Thank you.
SUPERVISOR MURPHY: . Thank you,, Paul.
JUSTICE EDWARDS: Frank.
SUPERVISOR MURPHY: Yes, Ray?
JUSTICE EDWARDS: I'm also going to read an article here. that. came in that same
package from the Greenport Housing Advisory. Committee, Herbert Mandel, Chairman.
This is his'letter of:July 26th and it's to.the Southold Town Board from the Housing
Advisory Committee, and it says, "The following action was taken by the Southold
Housing Advisory Committee on July 25,' '1985: Resolved that the Southold Housing
Advisory Committee recommend to.the Southold Town Board that it expend every
effort to approve and expedite the proposed annexation by the Village of Greenport
of the Costello property, provided that unequivocal zoning provisions be incorporated
into the agreement." So this'iS from the Housing Authority also. Thank you, Frank.
SUPERVISOR MURPHY; Thank you, Ray. Anyone else on the Town Board like to
comment ?
COUNCILMAN TOWNSEND: Yes, I would, Frank. i'd like to both thank and apologize'
to John Costello. I think he had a project which he felt would be of great benefit to
the Town. He went to great effort, He convinced me. I was initially a little skeptical
of the project, but one by one he went through all the hoops that I presented before
him at. various public'meetings. I would also hope that the Board's decision does not
alienate any section of this Town. I think we're going to all have to work together
to .get some affordable housing, especially the Town and the Village of Greenpo~t.
Having sat on both sides of the fence I know that there's sort of natural animosities
that exist, or mistrust or whatever, but that's an unfortunate situation and I think
that since the Village does control utilities and since the Town does control the body
of the vacant land, there's going to have to be a partnership of some sort at some
point to create affordable housing, because you have to have the density that requires
426
JULY 30~ 1985
water and sewer. This step. is apparently behind us and i would like to go from here
and work out a project where we can provide this~kind of housing. There is still
properties available. I'm willing to work with the Supervisor and the rest of the Town
Board and hopefully the rest of you to create a project like this.
SUPERVISOR MURPHY: Thank you, Joe. Anyone else? Anyone else out here? (No
response.) Let's .open up the Regular Town Board Meeting. We have ten minutes
before the Master Planner is here.
!. ' REPORTS.
1. Town Justice price monthly report, for June 1985.
II. PUBLIC NOTICES.
1: U.S. Department of the Interior, Office of the Secretary re: Coastal Barrie~ 'i
Resources Act: Section 10 - Report to Conoress. Written comments by September 30! I
.1'985. '
V. RESOLUTIONS.
SUPERVISOR MURPHY: We'll move right on to Resolutions. ! offer Resolution No. 1.
Who would like to second it:?
1. Moved by Supervisor Murphy, seconded by: COuncilman Schondebare, it 'was
RESOLVED that the Town Board of-the Town of Southold hereby authorizer the
Recreation Department to engage one bus, at. a'cost of $337.'00, to provide a free
senior citizen b'us trip to the Fall Flower 5how at Plantin9 Fields Arboretum in
Oyster Bay, New York, during the week of. October 14 - 18, :1985.
1.~Vote of the Town Board.: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
COUNCILMAN SCHONDEBARE: I offer Resolution No. 2.
2. Moved by Councilman Schondebare, seconded by Supervisor. Murphy, it'was
RESOLVED that the Town Board of the Town of Southold hereby amends their
Resolution No. 42, adopted on :June 4, 1985~ increasin9 the salary of Li.feguard
John Hansen, to read: From: $4.75 per hour to' $5..00. per hour.
2.-Vote of the Town Board~" Ayes:.'. Councilwoman. Cochran, Councilman Schondebare,
Councilman Stoutenburgh, .Justice Edwards, Councilman Townsend, Supervisor MurPh
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 3 is a trailer renewal.
3. Moved by. Councilman Stoutenburgh, seconded by Justice Edwards, it was
RESOLVED that the application of Frank A. Field Realty, Inc. for renewal of their
single family house trailer permit located on Lot #60, Greenport Driving Park, 711
Linnett Street, Greenport~ which permit 'expired on J~ly 22, 1985, and and hereby
is Granted for a six' (6) month period. ~
3.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schond~b~. e,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Resolution No. 4, environmental assessment.
4. Moved by. CouncilWoman Cochran, seconded by Councilman Schondebare, it 'was
RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State
Environmental Quality Review and .6NYCRR Part 617, Section 617.10, and Chapter 44
of the Code of the Town of Southold, notice is hereby given that the Southold Town
Board, as lead agency for the action described below, has determined that the pre.ject,
which is unlisted, will not have a significant effect on the environment.
Description of Action: Proposed purchase of one (1) new or used 4-1/4 Cubic'yard '
Payloader for the Southold Landfill Site.
The project has been determined not to have a significant effect on the environ-~
merit because an environmental assessment has been submitted which indicated that nc! ~
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.
4.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 5 is another non-signifiCant determination,
e
Moved by Supervisor Murphy, seconded by. Councilman Schondebare, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State
Environmental Quality Review and 6NYCRR Part 617, Section 617.10, and. Chapter 44
of the Code of the Town of Southold, notice is hereby given that the Southold Town
42'7
Board, as read agency for~the action:~ibedbelow~, has determined that the project,.
which is unlisted, will nOt have a ~:~i~:~'l~?&'f~fect 0~~ the envi'r6nment.
Description of Action: Proposed Local Law entitled, "A Local Law in relation to the
disposal of Scaven~ler Waste in the Southold Wastewater Disposal District."
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.
This project was studied by Hoizmacher, McLendon & Murreli, P..C. in the Section
.201 -~ Wastewater Facility Plan, Selected Plan Report, dated May 1982, and Revised July
1982, Pages 7.1 through 7.5, which, concludes that the proposed scavenger waste/sludge
treatment and disPosal project will havana benefici'al impact on the environment.
5.-Vote of the Town Board: ~,yc=: Ccunc!!.?cman Cechran, Counci!m~n Schnndebare_.
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 6 is the adoption of Local Law No. 12 - 1985.
Moved by CounCilman Schondebare, seconded by. Councilman Stoutenburgh,
WHEREAS, a propOSed Local Law. No. 12 - :1985 Was introduced at a meeting of this
Board. held on the 2nd day of July, 1985, and -
WHEREAS, a public hearing was held thereon by the Board on the 16th day o~ July,
1985~ at which time all interested persons were given an opportunity to be heard
thereon, now, therefore, be i.t .-
RESOLVED that. Local Law No. 12 - 1985 be enacted as follows:
LOCAL LAW. NO. 12 - 1985
A Local Law in relation to the disposal
of Scavenger-.Waste .in the Southold
Wastewater Disposal District
BE IT ENACTED BY the Town Board of the Town of Southold, as
follow s:
I. The Code of the Town of Southoid is hereby amended by adding a
new Chapter thereto, to be Chapter 75, to read as follows:
~,RT ICLE I
C~nerai Provisions
Section 7~-': 1.1-Title ' '-'
This Chapter shall be known and may be cited as the "Southold
Scavenger Waste Disposal Law".
Section 75-'1.2-Definitions
Unless the context indicates, otherwise, the following terms shall,
for the purpose of this Chapter, have the meaning herein indicated:
1. BOARD - means the Southold Town Board, acting for and on -behalf of the Southold Wastewater Disposal District.
CARTER - shall mean any trucker, hauler or enterprise that is
licensed within the District to provide on-site system pumping
and other maintenance assistance.
CESSPOOL -shall mean any cesspool which essentially operates.
as a combined septic tank/drain field process. Since the solids
remain in one tank, they tend to clog more quickly than septic
tanks which have drain field systems. Although these systems
were previously in widespread use, they are not acceptable for
new construction due to their inefficiencies.
DISTRICT means the Southold Wastewater Disposal District.
DRAIN FIELD - shall mean a tile field consisting of perforated
pipes in below ground trenches, which allow the clarified
effluent from the septic tank to percolate to the groundwater
(underground water) or a circular below grade tank with
openings constructed in the sidewalls which provide for
drainage of the treated liquid.
EASEMENT - shall mean an interest in land owned by another-
that entitled its holder to a specific limited use.
428
JULY 30, 1985
ON-SITE SYSTEM - shall mean any below grade cesspool, septic
tank and drain field as defined herein for the disposal of
sanitary sewage and normal domestic wastes.
PERSON - means any person, firm, partnership, association,
corporation, company, organization or other legal entity of any
kind, including municipal corporations or governmental agencies
or subdivisions thereof.
e
SCAVENGER WASTE PRETREATMENT FACILITY - shall mean a
treatment plant designed to receive septage (scavenger waste)
and treat it to levels acceptable for discharge to the Greenport
Sewage Treatment Plant for further treatment.
materials removed from a
pumping.
cesspool or septic tank during
11.
SEPTIC TANK - shall mean any buried, watertight receptacle
designed and constructed to receive wastewater from a home, to
separate solids from liquid, to provide limited digestion of
organic matter, to store solids and to allow the clarified liquid
to leach into the surrounding soils.
12, SEWAGE TREATMENT PLANT - shall mean any arrangement of
devices and structures used for treating sewage, exclusive of
cesspools, 'septic tanks' and drain fields as described herein.
Section 75-1.3-Purpose '
The Southold Wastewater Disposal District was established by an
order of the Southold Town Board, adopted on February 15, 1983, as
amended by an order of said Board adopted on May 24, 1983, for the
purpose of protecting the ground and surface waters within said District
from the disposition of scavenger waste by providing a wastewater
pretreatment facility at the site of the sewer treatment plant of the
Village of Greenport for the disposal of scavenger waste in the District,
and providing regulations to protect the health and water quality, and to
prevent the contamination of the water supply within the District.
ARTICLE !!
Scavenger Waste Transportation
Section 75 - 2.1 - License' Required. No person shall engage in the
removal of scavenger waste from any cesspool or septic tank located
within the District who does not possess a currently valid license issued
by the Southold Town Clerk.'
Section 75 - 2..2 - Application for Carters License. An applicant for
a license as required by Section 75-2.1 hereof shall file a sworn statement
with the Town Clerk on the form prescribed stating: the name and
address of the applicant; and the type, model and capacity (in gallons) of
all vehicles .to be used. Additionally, such form shall state:
I, being duly sworn, 'state and depose
that I am familiar with the requirements of the Southold Scavenger
Waste Law. That I will report the address and exact location of all
septic tanks and cesspools pumped by me or by my busihess within
the Southold Wastewater Disposal District as required by Section
75-2.4 of said Law, and that failure to do so will result in the
assessment of a civil penalty of One Hundred Dollars ($100.00) for
each violation.
Section 75-2.3 - License Fee. Prior to issuance of the license
required by Section 75-2.1 hereof, the Town Clerk shall collect a fee in
an amount prescribed by resolution of the Town Board.
Section 75 - 2.4 - Pump-out Reports by Carters Required. Each
carter of scavenger waste, licensed pursuant to this chapter, shall file a
report with the Village of Greenport stating the address and exact
location of each cesspool or septic tank pumped, on a form to be supplied
by the Town Clerk, prior to disposing of a scavenger waste load. Failure
of any carter to file such report shall result in the imposition of a One
Hundred Dollar ($100.00) civil penalty for each cesspool or septic tank
pumped but not reported as required herein. The report shall have the
following information:
name and address of owner
address of system if different than owner
date of pump-out
quantity of pump-out
type of waste
signatures of owner and hauler
ARTICLE !!1
Septic arid Cesspool Contractors
Section 75-3.1 Construction and Alteration Permit Required. No
person shall construct, modify, repair or replace any septic tank or
~.~sspoo,~, or ~ny -p~rt thcr~.~f, !~cat~d w!thi~ the Seuth~!d ~_Wstew~ter
Disposal District, without obtaining a permit from the Town Clerk within
five (5) business days prior to the date work commences~ Such permit shall
state the exact location and address of the work in the manner and form
specified by the Town Clerk.
Section 75-3.2 - Civil .Penalty. Failure of any person to obtain such
permit shall constitute a violation punishable'b~Z a civil penalty of up to One
Hundred Dollars ($100.00).
Section 75-3.3 - Construction and Alteration Permit Fee. The fee
charged for such a construction and alteration permit shall be in such
amount as shall be, from time to time, prescribed by resolution of the
Board. -
ARTICLE IV
Septic or Cesspool Operation Permit Required
Section 75-4.1 - Premises Affected. All real property within the
Southold Wastewater Disposal District whereon any on-site disposal system
such as a septic tank or cesspool is constructed or operated, whether sa,ne
be within or outside the geographical area of the District, shall ~be subject
to the permit requirement herein provided.
Section 75- 4.2 - Operation Permit Required. Each owner of real
property hereafter operating an on-site sewage disposal system such as a
septic tank or cesspool, except as modified by Section 75-4.3 hereof, must
prior to such operation, possess in the name of the owner, a current septic
tank or cesspool operation permit issued by the Town Clerk. Owner is
defined to mean "a natural person, corporation, the State or any authority
or subdivision thereof, the United States or any department or agency
thereof, and any renter, tenant, lessee or occupant of the premises."
Section 75-4.3 - Exception to_Section 75-4.2. Within five (5) years
after the effective date of this Chapter, no permit shall be required of any
owner, his successors, representatives or assigns, operating such an
on-site system, at the date this Chapter takes effect provided that such
on-site system is not thereafter pumped or other maintenance measures
required. At such time as such on-site system requires pumping or other
maintenance measures, the owner shall obtain the permit described in
Section 75-4.2 above. Subsequeht to four (4) years after the effective date
of this Chapter, owners of on-site systems within the Southold Wastewater
Disposal District must obtain an operating permit.
Section 75-4.4. No permit shall 'be required of any renter, tenant,
lessee or occupant provided the owner of the premises has a currently valid
permit issued in the owner's name, or if the owner is excepted pursuant, to
Section 75-4.3 hereof.
Section 75-4.5 - Transfer of Operation Permit. Once a permit has been
issued, it may be transferred without charge to subsequent owners by the Town
· Clerk upon presentation of the deed of conveyance; provided, however, that
there is no existing violation as to the operation or other maintenance measures
of the system.
ARTICLE V
Southold Wastewater Disposal District Permit Fees and Tax Rates
Section 75-5.1 - Fee for Construction and Alteration Permit. Fees for
permits for new construction, alteration or reconstructior, of an on-site
System shall be applied to the ol~erating costs of the District.
(a} The fee for a construction, alteration or reconstruction permit for
an on-site system located on premises used exclusively for residential
purposes shall be such fee as shall, from time to time, be prescribed by
resolution of the Board.
(b) The fee for a construction, alteration or reconstruction permit for
an on-site system, located on premises used in whole or in part for
nv,,--,=o,u:,,~,~, purposes shall-be such .fee as - -"
prescribed by resolution of the Board.
Section 75-5.2 -'Fee for Operation Permit. Fees for operation permits
shall be applied to the operating costs of the District.
f:i TH: ¢,~,~ ~n~,' ~n O,npr~t~nn ,nerm|f fnr mn nn-slte system, located on
premises used exclusively' for residential purposes shall 'be such fee as
shall, from time to time, be presci-ibed by resolution Of the Board.
(b) The fee for an operation permit for an on-site system located on
premises used in whole or in part for non-residential purposes shall be
such fee as shall, from time to time, be prescribed by resolution of the
Board.
Section 75-5.3 - Tax Rate. The Town Board shall, by resolution,
establish the tax rate to cover the cost of debt service of the Southold
Scavenger Waste Pretreatment Facility, as well as future capital purchases
and administrative costs. Operating and maintenance costs will be collected
by user fees as prescribed by Section 75-8.I.
ARTICLE VI
Construction Require~nents for Southold
Wastewater Disposal District Permit Holders
Section 75-6.1 - All new construction of septic tanks, cesspools, or
other on-site systems shall conform 'to "Standards for Sewage and Waste
Disposal Systems", as then established by the Suffolk County Department of
Health Services.
Section 75-6.2 - All new construction shall be located as prescribed by
the Suffolk County Department of Health Services, and at a location where
pumping can occur without trepassing on lands of another owner unless an
express easement for that purpose over another owner's premises exists.
Section 75-6.3 - All septic tanks and cesspools shall be covered in a
manner that permits inspection as provided herein without removal of grass,
dirt or other similar landscaping.
ARTICLE VI!
Inspection and Maintenance
Section 75-7.1 - Frequency. At the end of three (3) years after
issuance of an operation permit hereunder, or sooner as conditions may
require as determined by' the Town, the system shall be inspected by
qualified inspectors employed by the Southold' Town Board. The Town has
the right to waive said inspection.
In all cases, it shall be the responsibility of the owner to locate and
- remove the cover of the septic tank or cesspool for inspection by the Town
inspector. Should such owner refuse to locate and remove the cover of said
system, the Town has the right to locate and remove the cover of the
cesspool or septic tank and bill the owner for all costs incurred.
Section 75-7.2 Right of Entry. As a condition to obtaining the
operation permit required hereunder, the owner~ shall give his consent, at
the time of applying for and obtaining such permit, to such inspectors
employed by the Town to enter on the owner's premises to make the
necessary inspections. The hours of inspection are to be from 9:00 A;M.-
5:00 P.M. on Monday through Friday. Ten (10) days written notice is to be
given to the owner that an inspection will 'be made. In cases where an
emergency exiSts, the Town shall reserve the right to waive such notice.
Section 75-7.3 Right to Remove Grass, Topsoil, Dirt and Other
Coverings of the System. No civil claim shall lie against the Town for any
damages resuiting from any inspection as authorized herein.
JULY 30, 1985
431
Section 75-7.4 -;Right td";P~q~{P~!Ma'ir~tenance of On-site System.
Every owner of an operation pei~'i('' ~;ti~lJ'l· -hfive his on-site septic syste,,~
pumped on a frequency of not less than once every three (3) years. Should
such owner refuse to pump said system, the' Town has the right to pump
said system and bill the owner therefor.
Notwithstanding the foregoing provisions of this Section 75-7.4, the
Town Inspector is authorized to extend the time of pumping an on-site
septic system in cases where it is determined that, due to the size, type,
location and/or frequency of use of an on-site septic system, such system
is not required to be pumped once every three (3) years.
The Town also has' the right to require every owner of an operation
~¢mlf ~ ~p~i~ a mal.functionin~ on-site system. Should such owner refuse
to perform same, the Town has the right to repair said system and bill the
owner therefor.
ARTICLE Viii
Fee for Disposal of Scavenger Waste
Section 75-8.1 - Board to Set Fee. The Town Board shall, by
resolution, set the fee for the transporting to and disposing of scavenger
waste at the Southold Scavenger Waste Pretreatment Facility, at such fee
per gallon as shall, from time to time, be prescribed by resolution of the
Board. The fee to be paid shall be calculated on full tank capacity and
shall be applied against the operation and maintenance costs of the facility.
ARTICLE IX
Improper Disposal of Scavenger Waste Prohibited
Section 75-9.1 Penalty. No scavenger waste removed from any
cesspool or .septic tank within the Southold Wastewater Disposal District
shall-be dumped or disposed at any' location within the Town of Southold
except at the Scavenger Waste Pretreatment Facility.
ARTICLE X
Prohibited Waste
Section 75-10.1. Only sanitary sewage and normal domestic wastes shall
be discharged into on-site wastewater disposal systems. The following waste
shall no~ be discharged into the system and shall be considered as
· prohibited wastes: _
(a) Industrial waste.
(b) Automobile oil and other non-cooking oils.
(c). Drainage from basement floors, footings or roofs.
(d) Toxic or hazardous substances and chemicals including, but not
limited to, pesticides, acids, paints, paint thinner, herbicides,
solvents, photographic chemicals and water softening agents.
(e) Cesspool cleaning and drain opening products which are
prohibited by Article 39 .of the New York State Conservation Law,
or Suffo!k County Leca! Law Ne. !2-!980.
Section 75-10.2. No person shall knowingly discharge prohibited waste
at the Southold Scavenger Waste Pretreatment Facility.
ARTICLE Xi
Administration and' Enforcement
Section 75-1~.1 Administration and Enforcement Officer. The Town
Board shall appoint a Sanitation Inspector (referred to in this Chapter as
the "Inspector") who shall administer and enforce the provisions of this
Chapter.
Section 75-11.2 - Notice of Violation.
A. Whenever the Inspector has reasonable, grounds to believe that
operations regulated hereby are being conducted in violation of the
43,2
provisions 'of this Chapter or .not in compliance with a permit or license
issued pursuant to this Chapter, he may notify the owner of the property,
or the owner's agent or the person performing such operations, or the
carter, to suspend all operations, and any such person shall forthwith
cease operations until such notice of violation has been rescinded.
B. Such notice shall be in writing, shall specify the violation and shall
state the conditions which must be c~mplied~ with arid the time within which
compliance must be completed before operations may be resumed.
C. Such notice shall be served upon the p~rson to whom it is directed
by delivering it to him personally or by postin~l the same in a conspicuous
place on the premises where operations are being conducted and mailing a
copy thereof to such person by certified mail to his last known address.
D. The Inspector 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.
E. 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 ~pecified
therein or within the time specified in any exl~ension of time 'issued by the
Inspector, any permi~ or-license issued to sUch person pursuant to this
chapter shall be deemed revoked.
Section 75-11.3 - Penalties for offenses. ~. ~. ~
A. For each offense against any of the provisions of this chapter or
any regulation made pursuant thereto, or failure to comply with a written
notice or order of the Inspector within the time fixed for compliance
therewith, the carterr 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 the Inspector 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 vii~lation shall occur shall constitute
a separate, additional offense. For a second and subsequent conviction
within eighteen (18) months thereafter, such person shall be guilty of a
violation punishable by a fine not exceeding one thousand five hundred
dollars ($1,500.) or imprisonment for a period not to exceed fifteen (15)
days, or both such fine and imprisonment.
B. ~in addition to the above-provided penalties~ the Board may also
maintain an action or proceeding in the name of the District in a court of
competent jurisdiction to compel compliance with or to restrain by injunction
the violation of this chapter.
ARTICLE Xil
Costs and Expenses
Section 75-12.1 - Cost and Expenses. All costs and expenses incurred
by the District in connection with any proceeding or any work done
pursuant to this Chapter shall be assessed against the land on which such
cost and expenses were incurred and a statement of such expenses shall be
presented to the owner of the property, or if the owner cannot be
ascertained or located, then such statement shall be posted in a conspicuous
place on the premises. Such assessment shall be and constitute a lien upon
such land. If the owner shall fail to pay such expenses within ten (10)
days after the statement is presented or posted, a legal action may be
brought to collect such assessment or to foreclose such lien. As an
alternative to the maintenance of any such action, the Inspector may file a
certificate of the actual expenses incurred as aforesaid, together with a
statement identifying the property in connection with which the expenses
were incur'red and the owner thereof, with the assessors, who shall, in the
preparation of the next assessment roll,' assess such amount upon such
property. Such amount shall be included in the levy against such property,
shall constitute a lien and shall be collected and enforced in the same
manner, by .the same proceedings, at the same time and under the same
penalties as is provided by law for the collection and enforcement of real
property taxes in the Town of Southold;
ARTICLE XIII
I~ffective Date
Section 75-13.1 Effective Date. The provisions of this Chapter 75
shall 'become effective on the first day of the month subsequent to th,e
completion of construction,
District's Scavenger Waste Pret
of operations Of the
This Local Law shall take effect upon its filing with the Secretary of
State.
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 ~ is a non-significant determination.
7. Moved by Supervisor Murphy, seconded by Councilman Schondebare,
RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State
Environmental Quality Review and 6NYCRR Part 617, Section 617.10, anci Claapter 44
of the Code of the Town of Southold, notice is hereby given that the Southold Town
Board, as lead agency for the action described below, has determined that the project,
which is unlisted, will not have a sic~lnificant effect on the environment.
Description of Action: Revised Highway Specifications and Standard Sheets of the
Town of SoUthold.
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.
7.-VOte of the Town Board.: Ayes: Councilwoman. Cochran, Councilman Schondebare,
Councilman Stoutenburg,h~ Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 8 is the Highway Rules and Regulations.
Moved by Councilman Schondebare, seconded by. Councilman Stoutenburgh, it was
RESOL~'ED. that.the. Town Board of the Town of Southold hereby approves and adopts
revised Highway Specifications and Standard Sheets of the Town of Southold, as
recommended by Southold_~Town Planning Board and Superintendent of highways Dean,
which read as follows, to wit:'
REVISED HIGHWAY SPECIFICATIONS AND STANDARD SHEETS
Town Of Southold
HIGHWAY
SPECIFI
CATIONS
JULY 30, 1985
434
JULY 30, 1985 .-
TABLg OF COI¢I'EI~S
PLANS AND MAPS FOR MAJOR SUBDIVISIONS
Sketch Plans ................................................. '..Pg. 1
Preliminary Plans.. ' ..Pg. I & 2
Final Plans .................................................... Pg. 2
Construction Plans .............................................. Pg. 2 & 3
Construction Progress Schedule ................................. Pg. 4
Developer Responsibility ....................................... Pg. 4
Traffic Maintenance ............................................ Pg. 4
Temporary Drainage ............................................. Pg. 4
Protection of New Drainage Installations ....................... Pg. 4
Topsoil Removal ................................................ Pg. 4
Road and Street Name Signs ..................................... Pg. 4 & 5
Dead-End Highways and Turnarounds .............................. Pg. 5
Drainage Easements ............................................. Pg. 5
Temporary Traffic (Subdivisions) ............................... Pg. 5
ROADWAY CONSTRUCTION
Clearing and Grubbing .......................................... Pg.
Stripping and Stockpiling TopsoiI .............................. Pg.
Excavation and Embankment ...................................... Pg.
Base Course For Asphalt Pavement ............................... Pg.
Bituminous Paving-Binder Course and Wearing Course ............. Pg.
Asphalt Pavement Cores ......................................... Pg.
Drainage Design Criteria ....................................... Pg.
Catchbasins and Leaching Basins ................................ Pg.
Manholes ....................................................... Pg.
Drainage Pipe .................................................. Pg.
Pipe Installations ............................................. Pg.
Recharge Basins - Type A ....................................... Pg.
Recharge Basins - Type B ....................................... Pg.
Design Criteria For Leaching Basins ............................ Pg.
Standard Leaching System ............... f ....................... Pg.
Standard Storm Drain ................ . ........................... Pg.
Concrete Headwalls ............................................. Pg
Concrete Curb and Concrete Gutters ............................. Pg
As-C6nstructed Survey .......................................... pg
Sidewalks ...................................................... Pg
Concrete Cylinders ............................................. pg
Granite Curb (Belgian Block) ............... - .................... pg
Fire Wells ..................................................... Pg.
Fencing and Curbs at Recharge Basins ........................... Pg.
Seeding .................................... . .................... Pg.
Street Trees ................................................... Pg.
Alterations or Modifications to Specifications ................. Pg.
Inspection of Work ............................................. Pg.
6
6
6
6&7
7&8
8
8, 8A& 9
9
10
10, i 1 & 12
12
12
12
12 & 13
13
13
13
13 & 14
14
14
14
14
14
'14, 15 & 16
16
16
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
DEPARTMENT OF HIGHWAYS STANDARD DRAWINGS
Roadway ........... J ................................. Dwg. No. SD-691
Intersetion .............................. - ........... Dwg. No. SD-692
Curbs and Gutters ................................... Dwg. No. SD-693
Storm Drain ......................................... Dwg. No. SD-694
Recharge Basin Type "A" ............................. Dwg. No. SD-695
Recharge Basin Type "B" ............................. Dwg. No. SD-696
Leaching System ..................................... Dwg. No. SD-697
Residential Driveway Entrance (1 of 2) .............. Dwg. No. SD-721
Residential Driveway Entrance (2 of 2) .............. Dwg. No. SD-722
Headwall and Apron .................................. Dwg. No. SD-761
Fence Details (Type "A" Recharge Basins) ............ Dwg. No. SD-764
Curbs for Major Subdivisions ........................ Dwg. No. SD-851
Precast Catchbasins and Manholes .................... Dwg. No. SD-852
JULY 30
1985
435
Standard Asphalt Roadway fo=~Maj~p~Subdivisions
with Grassed Swales .............. Dwg. No. SD-853
Standard Asphalt Roadway for Major Subdivisions .............. Dwg. No. SD-854
Standard Asphalt Roadway for Major Subdivisions
with sand swales .............. Dwg. No. SD-855
Street Trees for Major Subdivisions .......................... Dwg. No. SD-856
HIGHWAY SPECIFICATIONS
TOWN OF SOUTHOLD
PLANS AND MAPS FOR MAJOR SUBDIVISIONS
SKETCH PLANS
The sketch pla~ initially submitted to the Planning Board shall be based on
the Town tax map, at a scale of one (1) inch equals one hundred (100) feet
and shall show'the following information:
(I)
A key map showing the location of the proposed subdivision and the
distance to the nearest existing street or road intersection.
(2) Ail existing structures, wooded areas, streams or waterfront and other
· significant physical features within the area to be subdivided and with-
in two hundred (20C) feet thereof.
(3) The name of the subdivision p~operty owner and a~l of the adjoining
property owners as listed on the Town tax rolls.
(4)
(5)
(6)
(7)
Town tax map, school district number and sheet number.
Location of available utilities and of proposed mapped or existing streets.
The proposed lot and street layout, road profiles, topographic contours
of not more than five (5) ~Oot intervals, recreation areas, drainage
systems, sewage and water supply within the subdivided area.
Notations of all existing restrictions on the use of land, including
easements, covenants, zoning lines and flood plain areas.
(8) Twelve (12) copies of sketch plans shall be submitted.
A statement in affidavit form shall be submitted setting forth the names and
addresses of all persons, corporations, partnerships and associates having
an interest, direct or indirect, in the subdivision, and nature of such
interest.
PRELIMINARY PLANS
(a)
(b)
Scale of map to be one (1) inch to one hundred (100) ft. with two (2)
foot contours extending two hundred (200) feet outside the limits of the
project.
Plans to show all significant existing features such as roads or streets,
wooded areas, buildings, marsh land, water courses, sewers, water mains,
etc.
(c) Highways shall be a miaimum of fifty (50) feet in width and designed to
the requirements of two hundred (200) feet visability on horizontal
curves, depending on the curve data as specified herewith. Profiles
shall be designed to provide satisfactory sight distance of not less than two
hundred (200) feet at vertical curves.
(d) Plan and profile for all proposed paved roads shall'be laid out in a
centerline station numbering system. Plans to show all drainage pipes,
drainage structures, recharge basins, etc. Profiles to show original
ground elevations from field survey and percent of proposed grades
between stations and drainage structures where applicable.
(e)
(f)
Profiles for all roads shail be at a scale of one (l) inch to five (5)
feet vertical and one (1) inch to fifty (50) feet horizontal.
Drainage structures shall show such details as location, pipe sizes,
depth of excavation, type of catch basins and manholes, headwalls,
recharge basins and leaching systems. Necessary easements for drainage
facilities and for side slopes shall be shown.
JULY 30, 1985
(g)
A test hole will be required at the proposed site for each recharge
basin Type A. The test hole must indicate sand and gravel at least five
(5) feet below design depth.
(h)
Borings shall be taken at two hundred (200) foot intervals for a depth
of four (4) feet in the roadway to determine the type of soil present.
This information shall be shown on the construction plams.
FINAL PLANS
Final plans shall be submitted, upon receipt of written approval and return
of one (l) copy of the preliminary plan approved or approval as corrected as
follows:
(a) Final plans and profiles shall be to scales as indicated for preliminary
plans showing actual distances along roads.
(b) Exact location and types of all drainage structures.
(c) Exact location of Curbing and sidewalks.
(d) Exact location of all easements.
(e)
(f)
Location of street trees.
Concrete monuments, 4" x 4" x 30", shall be shown at all changes of
alignment, at points of curvature and tangency and at one hundred (~00) ft.
along curves. These monuments together with the beginning and ending of all
roads shall be sho~ on both sides of the highway.
CONSTRUCTION PLANS
Construction plans shall be submitted for approval, upon return of final
plans. Six (6) copies of construction plans shall be submitted.
No work shall be done on major subdivision projects until approved con-
struction plans have been received.by the subdivider.
The plans shall be at a minimum scale of one (1) inch equals 100 feet. Ail
roads to show beginning and ending stations.
Roadway profiles shall be at a scale of one (1) inch to five (5) feet vert--- -
ically and one (I) inch to 50 ft. horizontally.
Profiles to show original ground elevations, grades, stationing and eleva-
tions of grade intersections, length and'corrections for vertical curves
including high and iow points and drainage structures where applicable.
Drainage structures shall be exaetly located by stati6ns with details
showing cover elevation, invert elevations, size and type of pipe and
type of structure. Separate drawings shall be shown on the plans for
drainage structures showing classification, type of grate, frames, covers,
rings, size and number. Complete details for each type of recharge basin, Type A
shall also be shown separately.
Typical road sections shall indicate: width of Right-Of-Way and easements,
width of pavement, type of pavement showing surfacing and base material,
sidewalks, type of curbs, road crown and shoulder grading.
Ail boring information as required to be shown on construction plans.
Highway. Department, Construction Inspector and Planning Board to be notified
two (2) days before each phase of construction is begun if different from
construction schedule.
GENERAL REQUIREMENTS FOR HIGHWAY CONSTRUCTION
CONSTRUCTION PROGRESS SCHEDULE
A progress schedule of proposed major subdivision work shall be submitted by
the subdivider. The schedule shall indicate the planned commencement and -._
completion dates for the major items of work involved in the project. The
schedule shall be reviewed by the Superintendent of Highways and the Town
Engineer for approval. Upon approval, or approved as corrected, the work
shall be adhered to by the subdivider for the orderly performance and com-
pletion of the work.
JULY 30, 1985
437
DEVELOPER' RESPONSIBILITY
The Developer is responsible for keeping Town roads, streets and private
property free of debris and damage caused by construction operations or by
storm water runoff from the development sites. Any damage so caused shall
be immediately repaired by the Developer at his own expense.
It shall be mandatory upon the subdivision developer that the work proceed
in accordance with the best construction practice and that all necessary
measures be taken for the protection of the Public Health, Safety and Welfare.
TRAFFIC MAINTENANCE
within the Town shall not be restricted or endangered in any way by construc-
tion operations, equipment, vehicles or materials connected with road
construction by subdivision development.
TEMPORARY DRAINAGE
Storm water run-off from developments must be confined to the site unless
adequate facilities exist. Methods of providing temporary drainage shall
be approved by the Town Engineer. Rainfall run-off onto roads, streets or
private property is prohibited.
PROTECTION OF NEW DRAINAGE INSTALLATIONS
Ail drainage facilities during construction shall be cleared of lumber debris,
dirt or other objectionable material after completion and shall be maintained
in a clean condition until time for use.
TOPSOIL REMOVAL
Topsoil shall not be removed from developments without approval from the
appropriate Town departments.
ROAD- AND STREET NAME SIGNS
The name of streets and roads may be proposed by the owner or owners of
property dedicating such highways but the name of such highway shall be
subject to the approval of the Town Board and the Planning Board.
Street identification signs, stop signs, dead-end signs or other signs
required shall be of a type approved by the Superintendent of Highways.
Signs shall be provided by the subdivider and placed at all intersections
and at other locations as directed by the Superintendent of Highways.
DEAD-END HIGHWAYS AND TURNAROUNDS
All highways ending at tidewater shall terminate one hundred (100) feet
back from the mean high water elevation. Each dead-end road shall have a
dead-end sign on a ten (10) foot steel U type sign post.
Ail dead-end highways must have a width of not less than one hundred (100)
feet for a distance of one hundred (100) feet from the dead-end to provide
for a turnaround, all of which must be cleared of trees, bushes and stumps.
A guard rail shall be installed along the entire dead-end length. Such
guard rail shall be on galvanized steel (flex-beam type), 12 guage, 18~ inches
in.width erected on 4" x 6" x 7', CCA .6 treatment posts placed in the ground
for a depth of 3 feet. The dead end sign shall be placed in the center of the
dead-end width in the rear of the guide rail with posts spaced at twelve
(12) feet on centers.
DRAINAGE EASEMENTS
Where it is necessary to have a drainage area located beyond the fifty (50)
foot bounds of the highway, fee title to such area shall be conveyed to the
Town of Southold, together with the necessary land to connect such area to
the bounds of the highway. Easements shall have a minimum width of twenty
(20) feet.
Corrigated pipe having a minimum diameter of eighteen (18) inches extending
from the drainage area to the bounds of the highway shall be installed with
clean out boxes at ]50~ft. intervals.
TEMPOraRY TRAFFIC (SUBDIVISIONS)
When temporary traffic is permitted on subdivision roads prior to construction
of stabilized base courses'and asphalt binder courses, a passable all-weather
road must be maintained at all times with specific attention to winter and
spring weather.
Traffic on stabilized base courses and a~phalt binder courses shall be sub-
ject to approval by the Superintendent of Highways.
ROADWAY CONSTRUCTION
CLEARING AND GRUBBING
Clearing and grubbing shall consist of the removal of all trees, brush, stumps,
fences, debris and other miscellaneous materials within the designated right-
of-way areas as shown on the plans. Off-site disposal: All tree trunks,
stumps, roots and other materials shall be removed from the site and disposed
of by the contractor at the Town landfill.
STRIPPING AND STOCKPILING TOPSOIL
Existing topsoil shall be stripped to its full depth between the right-of-way
limits, or as ordered, and stockpiled on the site for~ future use. Stripping
shall be completed prior to starting general excavation in an area.
EXCAVATION AND EMBANKMENT
Excavation shall consist of the excavation, use of, or disposal of all materials
of any description encountered in the course of construction.
The proposed road section in cuts or fills shall meet the existing abutting
surface with a one on two (I on 2) slope or as shown on the plans. Where the
proposed slopes extend beyond the bounds of the highway (R.O.W.), the neces-
sary releases, easements or deeds must be obtained from the property owner or
owners. ~. ~
Roadway embankments shall be constructed with suitable material from excavation
or from acceptable borrow when necessary. Embankments shall be constructed
in successive uniform layers not exceeding eight (8) inches. Each layer shall
be thoroughly compacted with steel wheel or pneumati~ tired rollers to the
approval of the construction inspector. The drainage system may be installed
at any time before the final grading of roads is completed.
When feasible, excavation and embankment within the construction site shall
have a reasonable balance.
BASE COURSE FOR ASPHALT PAVEMENT
The base course shall consist of 3/4" stone blend or c~ushed concrete compacted
to a four (4) inch depth. If clay or other unsuitable material is found below
the base course, it shall be removed and replaced with twelve (~2) inches of
compacted bankrun containing 10% or more of gravel. The twelve (12) inch
replacement depth may be modified according to existing conditions as approved
by the fngineer.
The soil base shall be compacted to the satisfaction of the Engineer and shall
be smooth, parallel to, and at the required depth below the base course. The
soil base shall not be in a muddy or frozen condition before placing base
coarse material. The base course material shall be deposited on the prepared
grade by means of dump truck spreader tail-gate or other approved methods of
depositing. Spreading the base course material shall be done by approved
spreading equipment. After the loose material has been spread evenly so that
it will have the required thickness after compaction, correct grade for suc-
ceeding courses, segregation of Any'large or fine particles corrected, it
shall be rolled with approved rollers weighing not less than ten (I0) tons.
Rolling must begin at the sides and continue toward the center and shall
continue until there is no movement of the course ahead of the roller. A
minimum of four (4) passes of rollers will be required. Approved vibratory
rollers may be used at the option of the contractor. Where the use of a
roller is impractical, approved vibrating plate compactors or impact rammers
shall be used to compact the' base material.
JULY 30, 1985 439
Upon the completion of ~he base ~p~h~Contractor shall request an inspec-
tion by the Engineer or Inspec{~r~n~'~hai~ ~0t proceed with further road work
until such inspection has been made and the work approved.
BITUMINOUS PAVING-BINDER COURSE AN~ WEARING COURS~
The binder course shall be 2~ inches in depth. The material shall be local
sand and gravel pit run, passing the 3/4 inch screen with filler added. The
filler material shall be local fine sand. The combined materials shall show
the following composition:
Passing the 3/4 square sieve 100%
" " No. 4 " 75-90%
" " No. ~0 " 50-75%
" " No. 40 " 25-50%
" " No. 80 " ~2-20%
" " NO. 100 " 4-12%
Asphalt Cement Grade AC-20
Temp. Range Placing (°F) 225-275
6-8%
The wearing course shall be 1~ inches in depth. The coarse aggregate shall
consist of crushed stone, the fine aggregate sand and mineral filler. The
mineral filler shall consist of limestone dust, cement or silica sand. The
combined materials shall have the following composition:
Screen Gen. Limits Job Mix
Sizes % Pass. % Tol.
I" 100 ±0
1/2" 95-100 ±5
I/4" 65-85 ±7
1/8'[ 32-65 ±7
20 15-39 ~7
40 7-25 ~7
80 3-12 ~4
200 2-6 ±2
% Asph. Cem. Grade AC-20 5.8-7.0 ±0.4
Temp. Range Placing (°F) 225-275
The'binde~ course shall be placed on the stabilized base course when it has
been satisfactorily completed and approved by the Engineer or Inspector.
The material shall be placed only when the surface to be covered is dry,
clean and weather conditions in. the opinion of the Engineer are suitable.
All defective areas in the base course shall be repaired as directed. The
bituminous courses shall be placed with an approved finishing paver with
screed heating equipment, capable Of placing a fourteen (14) foot width and
to such appropriate loose depth that when the work is completed the required_
compacted thickness will have been met. The courses shall be compacted with
ten (10) ton tandem steel wheel rollers or vibratory rollers of a type as
approved by the Engineer. During the initial rolling, rollers shall travel
parallel to the centerline beginning at the edge and working toward the center,
overlapping on successive passes by one-half of the roller wheels. A minimum
of four (4) passes of rollers will be required.
The temperature of the material, when placed, shall not be less than two
hundred twenty five degrees Fahrenheit (225°). No material shall be placed
when the air and surface on which the material is to be placed is below
forty degrees Fahrenheit (40~)..
ASPHALT PAVEMENT CORES
When requested by the Superintendent of Highways, cores shall be taken by a
reliable testing laboratory, after approval of the laboratory by the Town
Engineer, at the developer's expense. One (]) core from the finished pave-
ment for each 500 ft. of road will be required.
DRAINAGE DESIGN CRITERIA
Ail storm water collection systems shall be designed in accordance with the
following minimum standards and shall be submitted on design sheets to be
reviewed by the Town Engineer.
I)
Rational Method:
a) Q = Aci
Q = Discharge in cubic feet per second (c.f.s.)
440
JULY 30,
1985
A = Tributary drainage area in acres within the subdivision
and shall include areas outside the subdivision
e = Coefficient of runoff drainage area
The following values of "c"'shall be used:
Type of surface
,8
:::3
n"
II
0 .4-
.3
See page 8a for C = Runoff coefficients
· :
REQ'dI-RED'S'~(~RA(~E = (ARE~)iDESIGN R,kiNF~Ld C' '
i
F ~
4
5_ 6 7 8
SLOPE IN %
i 2 3 .9 10 11
2)
RECHARGE DESIGN
"i", the rainfall intensity in inches per hour, shall be
determined by the following formula:
· i = 120
t+20
where "t" is the time of concentration in minutes of the
point of design.
Maximum time of concentration (t) shall be 28 minutes
Closed conduits and open channels shall be designed using Mannings
Formula:
a) V = 1.486 x R2/3x S1/2
Where:
V = velocity in feet per second
R = hydraulic radius in feet
S = Slope in ft./ft. The slope (S) shall generally
be considered to be the slope of the pipe invert
except that such slope shall be checked against
the available hydraulic gradient wherever the
system discharges against an existing hydraulic
head.
JULY 30,
1985
441
0.015 for reinforce~ ~'~pe 18" or less
0.013 for reinforced concrete pipe 24" or larger
0.021 for corrugated metal pipe
b)
Design velocities to be limited to 2 ft./sec, minimum and
10 ft./sec, maximum, unless special approval for unusual
conditions is granted by the Town Engineer.
c) Minimum pipe diameter to be ]8".
CATCH BASINS AND LEACHING BASINS
Only curb inlet with grate or grate only type of catch basins shall be
used. ~The maximum distance of flow in roadway gutters for subdivisilon -
pavements before a catch basin is required shall not exceed 350 feet.
MANHOLES
Maximum distance between manholes shall be 400 feet. Manholes shall be
installed where there are changes in pipe alignment, grade, pipe size
change and at road intersections or other locations where catch basins,
inlets or laterals are to be connected.
DRAINAGE PIPE
The minimum diameter of storm water drainage pipe shall be eighteen (18)
inches. Pipe shall be ~4 guage galvanized corrigated steel, aluminum or
reinforced concrete. Other types of drainage pipe may be used only with
approval of the Superintendent of Highways.
PIPE INSTALLATIONS
Trench width to be diameter pl6s twenty-four (24) inches. Trench bottoms
to be flat and to the required pitch with holes as necessary for bells,
joints and joint making. Sheathing and bracing of trenches and struoture
excavation shall be used whenever soil conditions or depths of trenches
indicate caving. It shall also be done where trade union regulations,
industrial code regulations or Other applicable laws require it, regard-
less of soil conditions. Backfill in trenches under paved areas shall be
compacted with vibrating plate compactors or impact rammers.
RECHARGE BASINS - TYPE A
Recharge basins are designed to return storm water to the existing ground-
water aquifer. An area of eight (8) acres or more shall be deemed necessary
for a recharge basin. In areas less than eight (8) acres other drainage
facilities may be installed as approved by the Town Engineer.
Ail storm water recharge basins Type A shall be designed to provide storage
based on anticipated runoff from a six (6) inch rainfall in 24 hours on the
tributary area under conditions of total potential development multiplied
by a weighted runoff coefficient (Minimum 0.20).
The depth of recharge basins will be determined from design. This measure-
ment to be two (2) feet below the elevation of the berm, or elevation of
grate at the inlet basin at the low point in the tributary drainage system,
whichever is the lowest.
A test hole shall be required at the bottom elevation of recharge basins
and shall indicate at least 5 ft. of good leaching material.
Fencing complete with gate shall be installed before excavation.
If feasible, the area of the recharge basin shall be cleared'of trees, only
where excavation and grading is required and that a natural tree screening
remain along the perimeter of the basin.
Asphalt gutters will be required around sections of the perimeter or recharge
basins where possible erosion from upland runoff may occur. ,
Asphalt gutters shall have an elliptical section four (4) feet in width, a
depth of six (6) inches and four (4) inches in thickness. The asphalt gutters
shall be installed where necessary in the perimeter of the recharge basin
as directed by the Engineer. The outfall of the gutter shall be carried
through the berm and down the slope to the bottom of the recharge basin.
An asphalt spillway apron eight (8) feet by eight (8) feet and four (4) inches
in depth shall be placed on the bottom of the recharge basin at the gutter.
Alternate methods to direct the outfall flow from asphalt glitters into the
recharge basin can be submitted for approval.
Headwalls on all outfall drainage lines -into recharge basins type A shall
be concrete.
LANDSCAPING AT RECHARGE BASINS TYPE A
Topsoil shall be placed six (6) inches in depth on the bank around the recharge
basin from the inside of the fence to a line four (4) feet down from the top
of the slope. Ail topsoil areas shall be limed, fertilized and seeded. The
area around the fence shall have screen planting parallel to and outside the
fence around the entire recharge basin, except at the gate. -_
a.) Topsoil
Topsoil shall consist of natural loam free of refuse, stones larger
than one (I) in~h, weeds or other objectionable material. It shall
contain not less than 5% and not more than 20% organic material. Top-
soil shall be six (6) inches in depth when compacted. The surface shall
be smoothly graded to meet established elevations and adjacent ground
levels.
b.)
Liming
Limestone shall be agricultural limestone with a total carbonate content
of not less than 80% or 45% calcium oxide equ,ivalent for the purpose of
calculations. Total carbonates shall be considered as calcium carbonate.
Limestone shall be evenly distributed at the rate of 50 lbs per 1000
square feet and worked into the top three (3) inches of the soil.
c.) Fertilizing
Not less than 5 days after the application of limestone, commercial
fertilizer (5-10-5) shall be evenly distributed at the rate of 20 lbs.
per lO00 S.F. and worked into the top three (3) inches of the soil.
d.) Seeding
Grass seed shall be fresh, recleaned seed containing at least 20% of
Chewing, Creeping, Red, Meadow or Alter Fescue with a minimum germination
of 80%. Inert matter and weed seeds shall not exceed 8%. The seedman's
certificate of analysis shall be available for inspection. Grass seed
shall be sown evenly at the rate of 4 lbs. per 100 square feet. The seed
shall be covered to a proper depth by raking or other suitable means.
After seeding and raking the surface shall be rolled with an ap~rove~
roller weighing at least lO0 lbs. Grass seeding shall be done between
April 1st and May 30th or between August 15th and October 15th and shall
not be accepted unless there is a uniform growth evident over all seeded
areas.
e.) Screen Planting
Ail trees shall be nursery grown and shall be nominal columnar or
narrowly pyramidal habit of growth typically characteristic of the
particular variety. Only the following species and varieties are
acceptable.
I.) Douglas Fir (Pseudotsuga Nenziesii)
2.) Canadian Hemlock (Tsuga Canadensis)
3.) Colorado Spruce (Pice~ Punjence)
4.) Native Cedar (Thuja ~ccidentmlis)
5.) Norway Spruce (Picea Excelsa)
Ail evergreen trees shall be moved with a burlap and tied with a good --
grade of haylop or heavy twine. The size of ball for all specified
evergreen trees shall be a minimum of i2" in diameter and deep enough to
include all lateral roots. Ail evergreen trees shall be set plumb at
such level that after settlement they have the same relationship to the
elevation of the surrounding ground as they had to tile ground from which
they were dug. Ail trees shall be planted and the holes back filled and
tamped with topsoil. The screen planting shall be maintained and all
dead or dying trees replaced by the developer until such time as the re-
charge basin has been accepted by the Town.
RECHARGE BASINS - TYPE B
Recharge basins Type B may be used for drainage runoff from small tributary
areas with the exception df clay, unsuitable material, etc when approved by
the Superintendent of Highways and the Town Engineer. For details, see
Standary Sheet No. SD-696' .
DESIGN CRITERIA FO~ LEACHING BASINS
Vc = AxRxC
Vc = Volume capacity in cubic feet
A = Tributary drainage area in square feet within the subdivision
R = 2" of rainfall
C = Weighted coefficient for runoff of the drainage area (minimum
C = O.30)
STANDARD LEACHING SYSTEM
Storm water drainage systems shall consist of catch basins and interconnected
leaching basins. The size and number of rings to be determined by drainage
design requirements. Systems can be within the right of way or in other
approved locations with different arrangement of leaching basins where soil
conditions are suitable for infiltration.
For details see Standard Drawing No. SD-697.
STANDARD STORM DRAIN
This system, catch basin and leaching basin, to be used fcr minor drainage
areas only. The catch basin shall be substituted with a precast concrete
catch basin and appropriate casting when shown on the plans. The leaching
basin shall'have a 6" reinforced concrete cover instead of a casting when
approved by the Superintendent of Highways.
For other details see Standard Drawing No. SD-694.
CONCRETE HEADWALLS
Concrete footings and cutoff walls shall be placed on undisturbed original
ground. If undercut, the bearing areas shall be consolidated with mechanical
tampers or filled with concrete. Concrete shall be 3000 lb. at 28 days.
Exposed surfaces to have a finish acceptable to the construction inspector.
For construction details, dimensions, reinforcing, etc, see Standard Sheet
No. SD-761.
CONCRETE CURBING AND CONCRETE GUTTERS
Ail types of concrete curbing and gutters to have 3000 P.S.I. at 28 days.
Exposed surfaces to have a wood float finish or as directed.
Concrete curbs shall be installed on both sides of all roads within major
subdivisions or developments. With the exception of asphalt pavement,
integral curb and gutter shall be installed at all intersections for at
least ten (10) feet on each side of the curve and at least ten (~0) feet
· on each side of a drainage inlet structure intake and also on both sides
of any road having grades of 5% or more.
The curb to be constructed shall conform to the type as shown on plan
typical road sections. Expansion joints of one half (~) inch premoulded
bituminous material shall be placed at twenty (20) foot intervals on all
types of curb including integral curb and gutter. Expansion joints shall
also be placed on both sides of curb inlet castings.
The subgrade for all types of curbs and gutters shall be consolidated with
mechanical tampers before forms are placed.
Where curbing has been waivered and not required by the Superintendent of
Highways, the Planning Board and the Highway Committee, a detailed drawing
of the cross section of the road shall be shown. Without such curbing de,-
tails of the road, surfacing and shoulder grading must be submitted.
444 JULY 20, 198D
AS-CONSTRUCTED SURVEY
An as-constructed curb and drainage installation survey will be required
and submitted for approval before permission will. be given to construct
pavement.
SIDEWALKS
Sidewalks shall be constructed of 1-2-4 concrete mix consisting of one (I)
part cement, two (2) parts of fine aggregate and four (4) parts of coarse
aggregate. Compressive strength at twenty eight (28) days shall not be
less than 3000 lbs. Sidewalks shall be four (4) inches in depth, except
at driveways where they shall be six (6) inches in depth. Widths, expansiom
joints, mesh reinforcing, finishing and curing, protection in freezing
weather, etc., shall be as req~lre~ ~y the ~uperintenaent of Highways°
CONCRETE CYLINDERS
Cylinders shall be taken to determine the strength of concrete at twenty-
eight (28) days as required by the Superintendent of Highways. Cylinders
shall be made and tested by an approved testing laboratory at the expense
of the developer. The number of cylinders to be tested shall be two (2)
each per day of the different types concrete placing or as directed.
GRANITE CURB (BELGIAN BLOCK)
Granite curb may be used when approved by the Superintendent of Highways.
The subgrade in trenches for the poured concrete foundation shall be com-
pacted with vibrating plate compactors or other approved methods.
The use of compacting equipment may be waived providing trench subgrade
is in undisturbed natural ground.
For other construction details see Standard Drawing SD-85!
FIRE WELLS
Requirements for fire wells, location, type and number of deep or shallow
fire wells shall be determined by the Planning Board and approved by the
Com=missioners of the Fire District where proposed subdivisions are located.
FENCING AND CURBS AT RECHARGE BASINS
This item shall include the installation of green vinyl clad chain link
fencing, gates, curbs and all other related items of sizes and requirements
as specified on Standard Drawing SD-764.
SEEDING
Seeding for slopes, shoulders and other areas where shown on the plans or
as required in these specifications shall be in accordance with the require-
ments for seeding as shown for landscapin~ at Recharge Basins, Type A.
STREET TREES
All trees shall be of freshly dug'nursery stock and shall have grown for a
period of at least two (2) years, under the same climatic conditions as the
location of the development. They shall be of symetrical growth, sound,
healthy, free from insect pests, disease and suitable for street trees.
The average trunk diameter at a height of four (4) feet above the finished
ground level shall be a minimum of two and one half (2~) inches to three (3)
inches, depending on good practice, with reference to the particular species
to be planted.
Trees shall be planted at intervals of from thirty (30) feet to forty (40)
feet depending on the species and locanion of the lot lines, along both sides
of the street and shall be within the right-of-way where their~ spacin~ frcm
the property line will be determined by the Superintendent of Highways and
the Planning Board. In order to provide visability for traffic safety, no
trees shall be planted within a minimum length of twenty (20) feet from the
ends of the right-of-way curve radius at intersections. Where sidewalks
are required, street trees will be planted on private property.
Planting:
The size of tree pits shall be as follows:
Depths of all pits shall not be less than three (3) feet. In no case shall
the distance from the ball to the side of the pit be less than six (6) inches.
JULY 30, 1985
All pits to have vertical sides~unt~ss.otherwise directed. The soil shall be
made loose and friable for a depth of~one (l) foot below the bottom of all
pits.
~ere in the opinion of the Engineer, the subgrade material is unsuitable,
the size of the pits shall be dug wider and deeper than normally required.
The bottom and sides shall be backfilled with topsoil and thoroughtly worked
into place.
Backfill for tree pits shall consist of topsoil and manure mixed in the
proportions of 75% topsoil and 25% manure. Trees shall be handled so that
the ball will not be loosened. After the backfill has been firmed under the
ball and around it in six (6) to eight (8) inch lifts it shall be thoroughly
settled with water.
Staking of trees shall be done immediately after planting and maintained
until final acceptance. Trees shall stand plumb after staking and shall be
supported by two (2) stakes eight (8) feet or more in length, driven into
the ground for three (3) feet and fastened securely with double strand No.
steel wire through reinforced black rubber hose at the trees.
~2
Trees shall be wrapped with new six (6) inch plain burlap bandage when directed
by the Engineer. The bandage when used shall cover the entire surface of the
truck to the height of the first branches.
Pruning of any badly bruised or broken branches shall be done as directed and
the cuts painted with an approved tree paint depending on the size of the
cuts. Ail trees shall be sprayed with an approved anti-desiccant, using a
power spray to apply an adequate film over trunks, branches and/or over the
foliage when directed by the Engineer. '
At the time of planting the soil around the trees shall be thoroughly sat-
urated with water and as many times thereafter as seasonable conditions
require during the period to final acceptance.
Trees shall be planted from March Ist to May Ist and irom October 15th to
Decembez ]st, or at such othez times as the Engineez may di[ect.
Only the iollowing species and varieties lox street tzees aze acceptable:
Street T~ees ~f~$
l.) Aces platanoides Nozway Maple 40'
2.) Acer sacchazum Suga~ Maple 40'
3.) Fzaxinus amezicana White Ash 30'
4.) Fraxinus pennsylvanica lanceolata G:een Ash 40'
5.) Gleditsia tziacanthos Honey Locust 30'
6.) Gleditsia triancanthos inermis Moraine Honey-locust 30'
7.) Quercus borealis Red Oak 40'
8.) Quercus palustris Pin Oak 40'
9.) Tilia cordata Lit~le-lemf Linden 30'
]0.) Tilia Tomentosa Silver Linden 30'
ALTERATIONS OR MODIFICATIONS TO SPECIFICATIONS
Whenever in the opinion, of the Superintendent of Highways he finds that for
the best interest of the Town, alterations or modifications should be made
to specifications, rules and regulations, such alterati6ns or modifications
may be made on the recommendation of the Superintendent of Highways to and
with the approval of the Town Board.
INSPECTION OF WORK
.Any work done on any highway without notifying the Superintendent of Highways
or his inspector and done with no inspector present will be considered un-
acceptable and subject to review by the Planning Board and the Superintendent
of Highways.
30, i985 447
TOWN OF
STANDARD
SOUTHOLD"
ROADWAY
' R.O.W.
~TO RE CLEARED. i
TOPSOIL-
50' - 0"
25'-0"
18'-0"
.1.
36'-0" ROAD SECTION
25'-0"
18'-0"
I/4 in./ft. ,
I/4in ./ft.
FINE GRADE
I-I/2" WEARING COURSE
2-1/2" BINDER COURSE
4" COMPACTED BASE COURSE
STONE BLEND OR CRUSHED CONCRETE
TYPE "B" CURB (3000 lb. concrete)
\-
~-- 4"SIDEWALK (Future)
REVISED: FEB. i976
PREPARED AND RECOMMENDED BY
Lowrence M. Tuthill, RE.
July 30, 1985
DATE
DWG.' NO.
SD-691
TOWN OF $OUTHOLD"
STANDARD INTERSECTION
~ R.O.W.''~ ~
1"~ .ROA DWAY~,,~
EDGE OF PAVEMENT
-0"
JR" R = 25'TYR
.O.W,
NOTE
FOR STANDARD ROADWAY SECTION, SEE DWG. NO. SD~691
PREPARED AND RECOMMENDED BY
Lewrence M. Tuthill~ RE.
S~F' HIGH/W,A~ /
~'~Y~(ON'D C. dEaN
t
July 30, 1985 I
DATE
I
DWi. NC
SD -692
so, ~98s 449
TOWN OF SOUTHOLD
STANDARD CURBS AND GUTTER
CURB
TYPE "A"
(COMMERCIAL)
CURB
TYPE "B"
RESiDENTIA L)
~-0" Min.
CURB
TYPE "C"
EACH SIDE OF CATCH BASIN)
MAR. 1985
REVISED:FEB. 1976 (Type "B"Curb
PREPARED AND RECOMMENDED BY
Lowrence M. Tuthill~ P.E.
GUTTER
NOTE: CURB AND GUTTER CONCRETE
3OOOP. S.I. AT 28 DAYS
30r 1985
DATE
DW(~: NO
SD-693
TOWN OF SOUTHOLD"
STANDARD STORM DRAIN
18" PIPE.
-*t: 4BARS ~ 4"o.c. EACH
PLAN
31894. 8'- 0"
. I8"PIPE . , '-
POROUS
MATERIAL
ELEVATION I' MIN.
POROUS MATERIAL
NOTE
MANHOLE FRAME ANDGRATE TO @E FLOCKHART TYPE 615, NO. G0880 OR EQUAL
PREPARED AND RECOMMENDED BY
Lawrence M. Tuthill, RE.
APPROVED-BY ~
/S~T~). F"HIGHWAY..,/~ / /
DATE
I
DW(~. NO
,985 SD-694
TOWN OF SOUTHOLD"
STANDARD RECHARGE BASIN TYPE"A"
~ .--~.FENCE iS BERM (TYPICAL
/ ,1[1 SLOP =, o. 2 (TYP,CAL,
x "- t 15'M~N ~TOE OF SLOPE
TEST ~OLE REQ D~
I i MIN. 50FeOOD ~
LEACHING SOIL .~
STANDARD HEADWAL
II
[~[NTRANCE WITH
20' R.O.W.
PLAN
~TEST HOLE
SHOW GROUND WATER ELE
SECTION A-A
NOTES:
I. Vegetation (frees) surrounding the bosin site
shall be kept in itsnotural condition.
Topsoil and seed berm and slope to 4' from lop
of slope.
3. Fencing,complete with gote and lock, shall be
constructed before starting excavation.
4. Dimensions of recharge basin vary ~n accordance with
required storage capocity and shape of property.
Data to be shown shall include high water elevation and
elevations along top of berm.
DWi. NC
SD-69.~
PREPARED AND RECOMMENDED BY APPROVED BY
Lawrence M. Tuthil' P. E HIGHWAxy'~s~
_ DATE
TOWN OF SOUTHOLD
STANDARD RECHARGE BASIN TYPE "B"
Lsd. o,,
PLAN
I- 5'- 0"
"Al
/~6I' TOPSOIL
6'SAND 8~ GRAVEL
SECTION A-A
PREPARED AND RECOMMENDED BY
Lowrence M. Tuthill, RE.
..~AYMOND C. DEAN
Jury 30. 1985
DATE
DWG. NO.
SD:-696
JULY SO, 1D8~ ~5~
TOWN OF SOUTHOLD
STANDARD LEACHING SYSTEM
fCATCH BA
SIN
LEACH IN(:
(~~ 6" SOLID RE[NE
BASIN
36' ROADWAY
50' R.O.W.
PLAN
NOTES Cont,
PLAN OF SYSTEM IN OTHER THAN R.O.W
TO BE IN ACCORDANCE WITH LOCATION
AND STORAGE REQUIREMENTS.
FOR REINFORCING, SEE DWG. NO. SD-694
CURB INLET, TYPE 683 CODE NO 60281
FLOCKHART OR EQ,I, JAL. '
ALL PIPES TO BE 18 MINIMUM DIAMETER
1' MIN.
POROUS
MATEF
NOTES '
DRAINAGE CALCULATIONS, '
CATCH BASIN
\
\
\
\
,,-- I' Mit
POROU
!MATERI
LEACHING BASIN
MAR. 1985
REVISED: MAR. 1979
PREPARED AND RECOMMENDED BY
Lowrence M. Tuthill~ RE.
APPROVED-BY , .
DWG.'NO:
SD-697'
30, ~98~
TOWN OF SOUTHOLD
~TANDARD RESIDENTIAL DRIVEWAY ENTRANCE'
.F~ NOTE SHEET I OF~
10'-0"
12'- O"
13'-0"
PLAN
Sca le :.3/8"= I'- O"
FRONT VIEW
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PREPARED AND RECOMMENDED BY
Lawrence M. Tuthill~ P.E.
IDWG. NO
~o, ~9ss SD-721
DATE
TOWN OF SOUTHOLD
§TANDARD RESIDENTIAL DRIVEWAY ENTRANCE
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REVISED' MAR. t979 (Nete added)
PREPARED AND RECOMMENDED BY
Lnwrence M. Tuthill, P. E.
A PPR~VF.~D BY ~
/,..-,z~__ ///'/S/U~ HIGHWAYS// / .
DATE
~/~Y'IfVlDND C. DEAN
DWG. N(
S D-72.2
456 ~un¥ 30, ~85
TOWN OF SOUTHOLD
STANDARD HEADWALL AND
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PREPARED AND RECOMMENDED BY
Lawrence M. Tuthill, P.E.
I APPROVED BY
S U P..T:~O'F HIGHWAYS
RAY~OND C. DEAN DATE
DWG. NO
.~98 S D- 76 1
JULY 30, 1985
TOWN OF SOUTHOLD"
STANDARD FENCE DETAIL
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MAR. ]985
REVISED; MAR. 1979
PREPARED AND RECOMMENDED BY
Lawrence M.TuthilI,P.E.
DWG. I~
SD-76
458 JULY 30, 1985
TOWN OF $OUTHOLD
STANDARD CURBS FOR=MAJOR SUBDIVISIONS "
' '
GRADE 12". 4" I \ FIN. I I ' / ASPHALT WEARING
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TYPICAL CONCRETE
MOUNTABLE CURB
DETAIL
TYPICAL CONCRETE
HEADER DETAIL
NOTE: CURB SHALL BE SET TRUE TO LINE AND GRADE
ON POURED CONCRETE FOUNDATION TO PROVIDE r
A FIRM UNIFORM BEAR NG CURB DEPRE~';:~A3"ORF~ A'
GRANITE ~ k , 3/4
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ELEVATION
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PREPARED AND RECOMMENDED BY
Lawrence M. Tuthill, P.E.
~BA¥1~IOND C. DEAN
DETAIL
July 30, 1985
DATE
JSD-851
JULY 30, 1985
-.- 'TOWN OF SOUTHOLD
STANDARD PRECAST CATCHBASINS AND 'MANHOLES
MANUFACTURED BY -
ANDREW CARLSON
, & SONS, INC. OR
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CODE NO. 63:5.~0 "
FLOCKHART FOUNDRY . / ' ' 63584 OR EQUAL FOR CONCRETEMOU
~ ' ~OF CURS AS APPROVED BY THE SUPT. OI
.. IGHWAYS.
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MANHOLE DETAIL CATCHBASIN DETAIL
NOTE:
FOR CLEANOUT BASINS USE WITH CASTING OR
FLAT 6" REINFORCED CONCRETE COVER AS DIRECTED
PREPARED AND RECOMMENDED BY APPROVED BY
PT. F HIGHWAYS DWG. NO.
~,R'/A~'MONO C. DEAN . " July DAT30'~'sss SD-8 52
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JULY SO, l~8S
TOWN OF SOUTHOLD
STANDARD ASPHALT ROADWAY FOR MA~IOR
SUBDIVISION:
PREPARED AND RECOMMENDED BY
Lawrence M. Tuthill, P.E.
APPROVED BY
~AYMOND C. DEAN
Jul.y 30, 1985
DATE
DWG. NC~
SD-853
JULY 30
<--- R.O.W.
DOUBLI
SLOPE
MAX. TO
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GRADE
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SEE DW SD-BSI
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.FINE GRADE
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STONE BLEND OR CRUSHED
;ONCRETE
·
R .O.W. ~
- T_OPSOIL
TO BE "
CLEARED
RAKED '~
SEEDED
2'-6"
MIN. BALL
' LOOSEN BURLAP-AROUND TRUNK
-- 3"MIN. ' i -
TOPSOIL (?-5% MANURE)~ - - '
PLANTING PIT
PREPARED AND RECOMMENDED BY
Lowrence M. Tuthit!, P.E.
APPROVED BY ~
/~, ~ , .[-T~;;; C; 1',';,.~;- ~ ~ ~/x
~-/~f/,~3.NO-'C. DEAN~' ~'J DATE
RA~MOND C. DEAN ~ DATE
SD-85E
462 ~.mY 3o, ~98~
Amended May 19, 1987 Resolution #7
TOWN OF SOUTHOLD
STANDARD ASPHALT ROADWAY WITH DRAINAGE SWALES
FOR MAJOR SUBDIVISIONS
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PREPARED AND RECOMMENDED BY
Lowrence M. Tufhill, P.E.
APPROVED BY
~I~MONO C. DEAN DATE
SD-85~
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 rescind a resolution of July 16th.
e
Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southo~d hereby rescinds their
Resolution No. 12, adopted on July 16, 1985, authoriling the Town ~-]~-k to advertise
for bids for the delivery a. nd placement of a 700 to 725 square foot modular buildinq
on a site in Laurel, known as the '!Bid on Laurel Lake Recreation/Chamber of Commerce
P.roject." --
§.-Vote of the Town Board: Aves: Councilwoman Cochran. Councilman Schondebare.
~man Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 10 is to adopt an order authorizing the construction
of a building to be used ~r public restrooms at Founder's Land Park in Southo~d
Park District. I offer that resolution.
10. Moved by Supervisor Murphy, seconded by Councilman Schondebare,
RESOLUTION ADOPTING AN ORDER AUTHORIZING THE
CONSTRUCTION OF A BUILDING TO BE USED FOR PUBLIC
RESTROOMS AT FOUNDER'S LANDING PARK, IN THE SOUTHOLD
PARK DISTRICT, IN THE TOWN OF SOUTHOLD, NEW YORK. '
Recitals
W~EREAS, the Board of Commissioners of the Southold Park
District (the "Park District"), in the Town of Southold (the
"Tcwn"), in the County of Suffolk, New York, pursuant to
resolution duly adopted and subscribed by said Board of
Cor.nissioners on May 29, 1985, and, together with a petition' in
due form, duly submitted to the Town Board of the Town (the "Town
5~ard"), has requested the Town Board to appropriate $50,000 for
%he construction of a building to be u~ed for public restrooms at'
%he e>:!~ing Founder's Landing Park, in the Park District, and to
finance such appropriation by the issuance of obligations of the
Town in the principal amount of $50,000 pursuant to the Local
Finance Law, and that to pay the principal of and interest on
such obligations as the same shall become due and payable, a sum
sufficient therefor shall be levied and collected from the
several lots and parcels of land within the Park District, in the
same manner and at the same time as other Town charges; and
further, that the Town Board call a special meeting of the Park
District for the purposes of (i) holding a public hearing to hear
all persons interested in such construc>ion, apprnpriation and
financing and (ii) Voting upon a proposition therefor; and
WHEREAS, pursuant to the Order ef the Town Board dated June
.18, 1985, a public hearing was duly cal3 ?d and held on the 16th
day of July, 1985·, at 4:30 o'clock P.M. (Prevailing Time), at the
Southold Town Hall, Main Road, Southold, in the Town, at which
time all persons interested were duly'heard concerning such
construction, appropriation and financing; and '
WHEREAS, at said meeting of the Town Board and following such
public hearing there was submitted to the qualified voters of the
Park District a proposition (set forth in said Order) for
approval or disapproval of such construction, appropriation and
financing and said proposition was duly approved by a majority of
the qualified voters present and vot!ng thereon;
NOW, THEREFORE, BE IT
RESOLVED, that the following Order be and the same is.hereby
adopted:
WHEREAS, the Board of Commissioners of the Southold Park
District (the "Park District"),.in the Town of Southold (the
"Town"), in the Count~ of Suffolk, New York, pursuant to
resolution duly adopted and subscribed by said Board of
Commissioners on May 29, 1985, and, together with a petition in
due form, duly submitted to the Town Board of the Town (the "Town
Board"), has requested the Town Board t~ appropriate $50,000 for
the construction of a building to be used for public restrcoms at
the existing Founder's Landing Park, in the Park District, and to
finance such appropriation by the issuance of obligations of the
Town in the principal amount of $50,000 pursuant to the Local
Finance Law and that to pay the principal of and interest on such
obligations as the same shall become due and payable, a sum
sufficient therefor shall be levied and collected from the '
several lots and parcels of land within the Park District, in the
same manner and at the same time as other Town charges; and
further, that the Town Board call a special meeting of the Park
District for the purposes of (i) holding a public hearing to hear
all persons interested in such construction, appropriation and
financing and (ii) voting upon a proposition therefor; and
WHEREAS, pursuant to the Order of the Town Board dated June
18, 1985, a public hearing was duly called and held on the 16th
day of July, 1985, at 4:30 o'clock P.M_ (Prevailing Time),- at the
Southold Town Hall, Main Road, Southold, in ~he Town at which
time all persons interested were duly heard concerning such
construction, appropriation and financing; and
WHEREAS, at said meeting of the Town Board and followin~ Such
public hearing there was submitted to the qualified voters of the
Park District a proposition (set forth in said Order) for
JULY 30, 1985
465
approval or disapproval of such ~on~truction, appropriation and
financing and said proposition was duly approved by a majority 'of
the qualified voters present and voting thereon;
NOW, THEREFORE, IT IS HEREBY
DETERMINED, that it is in the publi~, interest to construct
and there is hereby authorized to be constructed, a.building to
be used as public restrooms at the existing Founder's Landing
to; and
IT IS HEREBY
ORDERED, that the cost of such construction heretofore'
authorized shall not exceed $50,000, the amount stated in the
notice of public hearing as the estimated maximum cost thereof;
and
IT IS HEREBY
FURTHER ORDERED, that the expense of said construction in the
Park District, shall be assessed, levied and collected from the
several lots and/or parcels of land within said Park District, in
the same manner and at 'the same time as other Town charges; and
IT IS HEREBY .
FURTHER ORDERED, that all further proceedings with respect to
said construction other than the financing thereof shall be
conducted by said Board of Commissioners and the power to so
conduct such proceedings is hereby delegated to said Board; and
IT IS HEREBY ~
FURTHER ORDERED,' that the Town Clerk record a certified copy
of this resolution and order after public hearing in the office
of the Clerk of the County of Suffolk within ten (10) days after
adoption thereof pursuant to Section 195 of the Town Law.
10.~Vote of the Town Board: Ayes: Councilwoman, Cochran,' C0u~cii~an Schondeba~e,
Cbbncilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 11 is to approve the bond issue ~r the same project.
11. Moved by Councilwoman Cochran, seconded bY Councilman Schondebare,
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED JULY 30, 1985, APPROPRIATING
$50,000 FOR THE CONSTRUCTION OF A BUILDING TO
BE USED FOR A PUBLIC RESTROOM AT FOUNDER'S "
LANDING PARK, STATING THE ESTIMATED MAXIMUM
COST THEREOF IS $50,000, AND AUTHORIZING THE
ISSUANCE OF $50,000 SERIAL BONDS OF SAID TOWN
TO FINANCE SAID APPROPRIATION.
JULY 30, 1985
Recitals
WHEREAS, the Board of Commissioners of the Southold
Park District (the "Park District"), in the Town of
Southold (the "Town"), in the County of Suffolk, New
York, pursuant to resolution duly adopted and
subscribed by said Board of Commissioners on May 29,
1985, and, together with a petition in due form, duly
submitted to the Town Board of the Town (the "Town
Board"), has requested the Town Board to appropriate
$50,000 for the construction of a building to be used
for public restrooms at the existing Founder's Landing
Park, in the Park District, and to finance such
appropriation by the issuance of obligations of the
Town in the principal amount of $50,000 pursuant to the
Local Finance Law and that to pay the principal of and
interest on such obligations as the same sh~ll become
due and payable, a sum sufficient' therefor shall be
levied and collected from the several lots and parcels
of land within the Park District, in the same manner
and at the same time as other Town charges; and
further, that the Town Board call a special meeting of
the Park District for the PUrposes of (i) holding a
public hearing to hear all persons interested in such
construction, appropriation and financing and
(ii) voting upon a proposition therefor; and
WHEREAS, pursuant to the Order of the Town Board
dated June 18, 1985, a public hearing was duly called
and held on'~he 16th day of July, 1985, at 4:30 o'clock
P.M. (Prevailing Time), at the Southold Town Hall, Main
Road, Southold, in the Town at which time all persons
interested were duly heard concerning such
construction, appropriation and financing; and
WHEREAS, at said meeting of the Town Board and
following such public hearing there was submitted to
the qualified voters of the Park District a proposition
for approval or disapproval of such construction,
appropriation and financing and said proposition was
duly approved by a majority of the qualified voters
present and voting thereon; and
JULY 30~ 1985
WHEREAS, pursuant to an. Orda~adopted July 30,
1985, it was determined that it is in the public
interest to construct and authorizing the construction
of a building to be used as pub!lc 'restrooms at the
existing Founder's Landing Park, in the Park District,
as hereinabove described and referred to; that the cost
of such construction heretofore authorized shall not
public hearing as the estimated maximum cost thereof;
and that the expense of said construction in the Park
District, shall be assessed, levied and collected from
the several lots and/or parcels of land within said
Park District in the same manner and at the same time
as other Town charges;
now, therefore be it
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN
THE COUNTY OF SUFFOLK, NEW YORK, (by the favorable vote of not
less than two-thirds of all the members of said Town Board) AS
FOLLOWS:
Section 1. The Town of Southold, in the County of
Suffolk, New York (herein called "Town"), hereby appropriates the
amount of $50,000 for the construction of a building to be used
for a public restroom at Founder's Landing Park in the Southold
Park District, in the Town, including purchase of the original '
furnishings, equipment, machinery and apparatus required in
connection with the purpose for which said building is to be
used. The estimated maximum cost of said specific object or
purpose, including preliminary costs and costs incidental thereto
and the financing thereof, is $50,000 and the plan of financing
includes the issuance of $50,000 serial bonds of the Town to
finance said appropriation, and the assessmenti levy and
collection from the several lots and/or parcels of land within
said park District, in the same manner and at the same time as
other Town charges, to pay the principal of said bonds and the
interest thereon as the same shall become due and payable.
Section 2. Serial bonds of the Town in the principal
amount of $50,000, are hereby authorized to be issued pursuant to
the provisions of the Local Finance Law, constituting ~Chapter
33-a of the Consolidated Laws of the State of New York (herein
467
called "Law") to finance said appropriation.
Section 3. The following additional matters are hereby
determined and declared.
(a) The proposed building is of Class "B" construction
as defined by Section 11.00 A. ll.(b) of the Law, and the period
of probable usefulness of said specific object or puruose for~
which said $50,000 serial bonds authorized pursuant to this
reso%u~ion are ~o be i~sued, winhin the %~imi~a~ions o~ Section
11.00 a ll.(b) of the Law, is twenty (20) years.
(b) Current funds are not required by the Law to be
provided as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes
issued in anticipation thereof in accordance with Section 107.00
d. 3(a) of the Law.
(C) The proposed maturity of the bonds authorized by
this resolution may exceed five (5) years.
Section 4. Each of the bonds authorized by this
resolution and any bond anticipation notes issued in anticipation
of the sale of said bonds shall contain the recital of validity
as prescribed by Section 52.00 of the Law and said bonds and any
notes issued in anticipation of said bonds, shall be general
obligations of the Town, payable as to both principal and
interest by general tax upon all the taxable real property ,within
the Town without limitation of rate or amount. The faith and
credit Of the Town are hereby irrevocably pledged to the punctual
payment of the principal of and interest on said bonds and any
notes issued in anticipation of the sale of said bonds and
provision shall be made annually in the budget of the Town by
appropriation for (a) the amortization and redemption of the
bonds and any notes in anticipation thereof to mature in such
year and (b) the payment of interest to be due and payable in'
such year.
Section 5. Subject to the provisions of this resolution
and of the Law and pursuant to the provisions of Section 30.00
relative to the authorization of the issuance of bond
anticipation notes and of Section 50.00 and Sections 56.00 to
60.00 of the Law, the powers and duties of the Town Board
relative to authorizing bond anticipation notes and prescribing
the terms, form and contents and as to the sale and issuance of
the bonds herein authorized and of any bond anticipation'notes
JULY 30, 1985
469
issued in anticipation of said bonds, and the renewals of said
notes, are hereby delegated to the Supervisor, the chief fiscal
officer of the Town.
Section 6. The validity of the bonds authorized by this
resolution and of any notes issued in anticipation of the sale of
said bonds, may be conEes~ed only if:
(a)
(b)
such obligations are authorized for an object or
purpose for which the Town is not authorized to
expena'money, or
the provisions of law which should be complied with
at the date of the publication of such resolution
are not substantially complied with, ·
and an action, suit or proceeding contesting such validity, is
commenced within twenty ~ays after the date of such publication,
or
(c) such obligations are authorized in violation of the
provisions of the constitution.
Section 7. This bond resolution shall take effect
immediately, and the Town Clerk of the Town, is hereby authorized
and directed to publish the foregoing resolution, in full,
together with a Notice attached in substantially the form
prescribed by §81.00 of the Law in "THE LONG ISLAND TRAVELER-
MATTITUCK WATCHMAN,
"a newspaper published in Southhold, New
York, and in "THE SUFFO!K TIMES," a newspaper published in
Greenport, New York, each having a general circulation in the
Town and hereby designated the official newspapers of said Town
for such publication.
11.-Vote.of the TOwn Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Coun6ilman Stoutenbur§h, '3us'tice Edwards, Counc|lman Townsend, Supervisor Murphy.
This resolut|on was declared duly ADOPTED.
SUPERVISOR MUPRHY: Number 12 is to authorize the Town. Clerk to advertise for
resumes for a part-time person.
12. Moved by Justice Edwards, seconded by. Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs .the Town Clerk to advertise for resumes for the position of part-time Clerk-
~ypist .for. the Recreation P~ogram, 17-112 hours per week, $5-.'00 per hour.
12.-Vote of the Town Board: Ayes: CouncilWoman Cochran, Councilman Schondebare,
~-6uncilman Stoutenburgh, Justice Edwards, Councilman Townsend, 'Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 13 is to authorize our engineer to attend a
demonstration.
13. Moved by Justice Edwards, seconded by Councilwoman Cochran, it wa-s-
RESOLVED that the Town Board of the Town of SOuthold hereby authorizes Randall
Woodard, Consultantin9 Engineer, to attend (in place of Commissioner of Public Works
Raymond C. Dean - as authorized on July 16, 1985, the demonstration of the Co-
Compostin9 Facility at Bi9 Sandy, Texas, sponsored by the management of Eweson
Corporation, during the week of July ~22., 1985, and the necessary expenses for travel,
meals and lodging shall be a legal charge against the Town of Southold.
13.-Vote of the Town Board: Ayes: CouncilWoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 14 is to appoint a lifeguard.
14. Moved by Councilman Schondebare, seconded by CouncilWoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Jennifer
Wilson as a Lifeguard, effective .July 4, 1985, at a salary of $4~.75 per hour, and
Peter Wilson as a Lifeguard, effective July 3i, '1985, at a salary of '$4'.'50 per hour.
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 salary increment.
15. Moved by CouncilWoman Cochran, seconded by. Councilman Schondebare, it was
RESOLVED that the Town .Board. of the Town of Southold hereby grants Walter Corwin
,,B..uilding In,~pector, his'Step Ii salary,increment in the amount of $500.00, effective ] ,]~
Auaust 15, 1985.
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 Fishers Island, the grant for the airport.
16. 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 a Re~,ised G-rant Application, together with any
and ail.documents in relation thereto, for Federal assistance, Airport Improvement
Program,.-New York State. Department.of Transportation, Federal Aviation Administration,
f6r ~he Rehabilitation of Existing Runways at Elizabeth Field, Fishers Island, Town of'
Southold, Suffolk,. County, New York..
16.-Vote of the Town Board: Ayes:. Councilwoman. Cochran, Councilman Schondebare,
· Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, 'Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number .17 is--Jay do you want to hold for another two weeks?
17.
COUNCILMAN SCHONDEBARE: . No, I want my horses.
Moved by Councilman Schondebare, seconded by Councilwoman Cochran,
WHEREAS, a proposed Local Law was introduced at a meeting ~of'thi~ Board held on -~
the ;10th day of.June, 1985~ and i! [
WHEREAS, a public hearing was held thereon by the Board on the -16th day Of July,~
1985, at which, time all interested persons were given an opportunity to be heard ~
thereon, now, therefore, be it
RESOLVED that the followin9 Local Law be enacted as, follows:
LOCAL LAW
A Local Law to provide
for the re~lulation of Horses
BE IT ENACTED by the Town Board of the Town of Southold'as follows:'
Chapter 100 of the Co'de of the Town df Southold (Zoning) is 'hereby amended
as follows:' (additions indicated by underline; deletions by [brackets]).
Section I00-30A :'ifiereof is amended by add'lng a new subsectior~ thereto, to
be Section 100-30A. (4), to read as follows: ' -
The. keeping .of.horses' for 'the personal recreational use. of the owner
of such horse or horses, subject to the following requirements:
ia) The land area ~tevoted exclusively to such us'e shall 'be not les~
than one (1) acre.
I1.
(b) A. mlnimum-of, twenty thousand (20,000) square-feet of land ar~a
shall be provided for each horse.
Section 100-30C (5) thereof is hereby repealed and'a new subsection C'~'
added in place thereof, to read as follows:
(5) The keeping of horses for the personal recreational use .of the lot
· owner and family on lots used and occupie'd'.for-pri~ate residential
uses, subject to the followinc~ requirements.
(a) .The minin~urn area of such lot shall 'be not less than one
acre.
(b) The land area. devoted exclusively .to such us'e shall, be. not less
than twenty thousand (20,000) square feet for ~ach horse.
(c) Such use shall be confined to the rear yard area of the lot. "
JuLY 30, 1985 47 !
Ill. This Local Law shall tak~ 'effe~:~t,' upon its filing with the SeCretary of
State.
l?,~Vote'of the Town 'Board:..Ayes: COuncilman Schondebare. Noes: ! COunCilwoman
Cochran, £ouncil!man' Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor
Murphy ......
This resolution was declared LOST.
18.
SUPERVISOR MURPHY: Number 18 is parking restricl~ions.
Moved by Supervisor Murphy, seconded by Councilman Schondebare,
WHEREAS, there has. been .presented_to-the Town Board of the Town of.Southold a
proposed Local Law_ entitled,. "A-Local Law in relation to parkin9 restric[ions, stop
L-~terse~ti0nS: and yield intersections~' now, therefore, be it ....
Tuesday, August 13, 1985; $outhold .Town Hail, Main Road, Southold, 'New York, as
tim'e' ~n~t.pla--~'-e fo'r a public hearing on the aforesaid proposed Local Law'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]).
Chapter 92 (Vehicle and Traffic) of the Code of the Town of Southold is amended as
follows:
II
III
IV
Section 92-30 (Stop Intersections) of Article I!1 is amended by adding thereto the
following:
Name of Street
Corwin Road
Tasker Lane
Southern Boulevard
Traveler Street
Direction At intersection
of travel with Location
East Main Bay View Road Southold
South Sutton Pla Greenport
.East Cedar Drive East Marion
Wes't Horton Lane Southold
Section 92-32 (Yield Intersections) of Article III is amended by deleting the following:
Yield sign on
[Corwin Road]
[Traveler Street]
Direction At intersection
of travel with Location
[East]
[Main Bay View Road] [Southold]
[ West ]
[Horton Lane]
[Southold]
Section 92-42 of Article IV (Parking prohibited during certain hours) of said Chapter
is amended by adding thereto the following:
Between the
Street Side Hours of Location
Sound Drive Both 10:00 P.M. and At Greenport from the westerl~
7:00 A.M. terminus .easterly for-a distance-
of 200 feet.
Section 92-44 of Article IV (Stopping .prohibited at all times) of said Chapter is amendec
by adding thereto the following:
Name of Street
Side
Both
Location
Locust Lane
In Southold from the southerly
curbline of Route 25, southerl),.
~or a distance Of 60 feet
4:72 ~ULY 30, 198,5
V Article IV of said Chapter is amended by adding a new section thereto to be Section
92-46 to read as follows:
Section 92-46 - Parking or standing prohibited durinc~ certain times.
The parking or standing ofvehicles is hereby prohibied during the months and hours
(both inclusive) in any of the following] locations:
During Months
Name of Street Side and Hours Location
Depot Lane West September to and including. 3etween the entrance
June between the hours of and exit drivewa~'"'~
8:i0 A.M. and 3:30 P.M. Cutchog~e Sch.ooi! ! --
VI This Local Law shall become effective upon its filing with the Secretary of State.
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 MUPRHY: Number 19 is to authorize a bus trip.
19. Moved by CouncilWoman Cochran, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Southold Senior Citizens Club, Inc. :~o engage two buses, at a total cost of $500.00,
and expenses for 90 people at $1'..50 each--total of $1~35.00, for a trip to "Old iB,ethpage"
on September .12, ~ .1985.
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 regulate the speed limit in Cedar Beach Creek.
20. Moved by Supervisor Murphy, seconded by Councilman Schondebare,
WHEREAS- the Chief of Police and Bay Constable have requested the Town Board to
requlate the speed of boats in. Cedar Beach Creek, Southold, New York, and
WHEREAS, the Town Board has investigated the boat operations in Cedar Beach~iC,r'ee~:~.
.and is of the opinion that in the interest of safety the speed of boats should I~;~'i:i.limi~''
in that area, now, therefore, be it . ~
RESOLVED that no person shall operate a boat in the waters of Cedar Beach Creek~
Southold, at a Speed qreater than 5 mile's per hour, and it is further
RESOLVED that the Supervisor be and he hereby is authorized to cause notice of such
speed limit .to be .posted .in the appropriate places in said/Cedar Beach Creek.
20.~Vote of the Town Board,: Ayes: Councilwoman Cochran, Councilman Schondebare,
.Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared 'duly ADOPTED.
SUPERVISOR MURPHY: . Number 21' is to regulate speed limit in Richmond Creek.
21.-WHEREAS the Chief' of Police and Bay. Constable have requested the Town Board to
regulate the speed of boats in Richmond. Creek, Peconic, New York, and
WHEREAS, the Town Board has investigated the boat operations in Richmond Creek
and is of the opinion that in the interest of safety the speed of boats should be limited
in that area, now, therefore, be it .
RESOLVED that no person shall operate a boat in the waters of Richmond Creek,
Peconic, at a speed 9reater than 5 miles per hour, and it is further
RESOLVED that the Supervisor be and he hereby is authorized to cause notice of such
speed limit to be posted in the appropriate places in said Richmond Creek.
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 regulate speed limit in Downs creek. L ii
22. Moved by Justice Edwards, seconded by Councilman Schondebare,
WHEREAS the Chief of Police and Bay Constable have requested the Town Board to
regulate the speed of boats in Downs. Creek, Cutchogue, New York, and
WHEREAS, the Town Board has investigated the boa~ operations in Downs Creek
and is of the opinion that in the interest of safety the speed of boats should be limited
in that area, now, therefore, be it
RESOLVED that no person shall operate a boat in the waters of Downs Creek, Cutchoque.
at a speed greater than 5 miles per hour, and it is further
RESOLVED that the Supervisor be and he hereby is authorized to cause notice of such
speed limit to be posted in the appropriate places in said Downs Creek.
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.
JULY 30~ 1985
23.
SUPERVISOR MURPHY: Number 23 is to.~egulate the speed limit in'West Creek.
Moved by Councilwoman Cochran, seconded by Councilman Schondebare,
WHEREAS the Chief of Police and Bay Constable have requested the Town Board to
regulate the speed of boats in West Creek, Cutch,ogue, New York, and
WHEREAS, the Town Board has investigated the boat operations in West- Creek
and is of the opinion that in the interest of safety the speed of boats should be limited
in that area, now, therefore, be it
RESOLVED that no person shall operate a boat in the waters of West Creek, Cutchogue,
at a speed greater than 5 miles per hour, and it is.further
RESOLVED that the Supervisor be and he hereby is authorizecl to cause notice of such
speed limit to be posted in the appropria[e places in said West Creek.
23.-Vote of the Town' Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
This resolution was declared duly ADOPTED.
SLJPERVISOR MURPHY: Number 2~ is to grant a trailer permit renewal.
24. Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare, it was
RESOLVED that the application of John C..Tuthill for renewal of his'single 'family
house trailer, located on the east side of Elijah's Lane, Mattituck, New York, which
permit expired on July 19, 1985, be and hereby is granted for a six (6) month period.
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 a bulldozer at the Fishers island
dump.
25. Moved by. Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
Commissioner of Public Works Raymond C. Dean to contract for the rental of a
bulldozer for use at the Fishers Island Burn Dump, when needed.
25.-Vote of the Town Board: Ayes:
Councilman Stoutenburgh, Justice
This resolution was declared duly
Councilwoman Cochran, Councilman Schondebare,
Edwards, Councilman Townsend, Supervisor Murphy.
ADOPTED.
SUPERVISOR MURPHY: Okay, 26' we did '(proposed annexation petition of John A.
Costello). Number 27 is transfers to the Whole Town Budget.
27. Moved by Councilman Townsend, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following transfers within' the General Fund Whole Town 1985 Budget:
From: A1490.1 Public Works, Personal Services $ 3,999.95
A1990.4 Contingent, Contractual Expenses 12,320.05
A7150.4 Special Recreational Facilities
Contractual Expenses 1,700..00
A6773.4 Programs for the Aging, Home Aid
Contractual Expenses 2,454.00
Total $20, 474. 00
Into: ~1910~-.4 Insurance, Contractual Expenses ' $1-2~ 400'.00
A1010..4 Town Board, Contractual Expenses 6, 374.00
A7250.2 Special Recreational Facilities Equipment 1,700...00
Total ' $20,474.00
27.-Vote of the Town Board: Ayes: . Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh,. Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared'duly ADOPTED.
SUPERVISOR MURPHY: .Number 28 is another transfer.
28. Moved by Councihnan Stoutenburgh, seconded by. Councilman Schondebare, it was
RESOLVED that the TEown Board.of.the Town of Southold hereby authorizes the
following transfers within~the General Fund Part Town 1985 Budget:
From: B1990.4 Contingent, Contractual Expenses $I0,000.00
B3157.4 Juvenile' Aid Bureau, Contractual Exp. 2,400.'00.
Total $12,400.00
. lnIo: ..... Bl910..4 Insurance,. ContraCtual Expenses $12,400..00
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.
(The above transfers are. needed '~: Provide budgeted moneys to pay billing
insurance charges; budgeted ne~ $ for Town Board expenditures: (1) Charles
Graves-S5,'000.00, (2) RPPW-$!',3;-~.00;. budgeted needs for. clerk-typisl~ Recreation
Program-typewriter, desk and chair.)
JULY BO, 1~8~
SUPERVISOR MURPHY: Number 29 is to accept a resignation.
29. Moved by Councilwoman Cochran, seconded by, Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby ~accepts, with regret,
the .r. esignation of Jeanne Hunter, part~time Account Clerk in the Accounting and
'Finance Department, Town Hall, effective July 17, 1985..
29.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 30 is to grant permission to Mattituck Fire Department
to use Town roads.
30. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
the Matt~tuck F~re Department to use the followm9 Town roads for stag,nc~ and parade
route for their annual parade and tourn'ament to be held on Saturday, August 10, 1985
at 2:00 P.M. (rain date: Sunday7 August 11, '1985, 1:00 P.M.): Ole Jule Lane, New
Suffolk Avenue, Reeve Avenue,-Bay Avenue; provided they secure and maintain the
necessary insurance to hold the' Town of Southold harmless.
30.-Vote of the Town Board: Ayes: ,. Councilwoman Cochran~ Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, SupervisOr Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number' -31 is 'to increase the bond coverage from $25,000 'to
$50,000 for the Town Bookl~eepers.
31.
Moved by :Superv, isor Murphy, seconded by. Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes an increase
from $25,000 to $5'0,000 limit'for bond coverage for the Account Clerks in the Account-
i.,n,g and Finance Department.
31.-Vote of the Town Board: Ayes: CouncilWoman Cochran, Councilman Schondebare,
Counciim~n' Stoutenburgh, 'Justice Edwards, Councilman Townsend, Supervisor Murphy.
This res01ution was declared 'duly ADOPTED.
SUPERVISOR MURPHY: Number 32 is:$400.00 to the. Northeast Stage presentation.
32. Moved by Justice Edwards, seconded by CouncilWoman Cochran, it was
RESOLVED..that .the Town Board of the Town of Southold hereby allocatesl
A7151.4Joint Youth-Account, for expenses for the. Northeast
.W..hitman: Songs 6.{!'Ourslelves.
32.-Vote of the Town Board: Ayes: · Councilwoman Cochran,. Councilman
iJouncilman S't°utenburgh, Justice Edwards, Supervisor Murphy. Abstain:
Townsend.
This resolution was declared duly ADOPTED.
33.
Councilman
SUPERVISOR MURPHY: Number 33 is the non-signifiCant determination of Samuels
~)roject in Orient. --
Moved by Councilman Stoutenburgh, Seconded by. Councilman Schondebare, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State
Environmental Quality Review and :6N'Y.CRR Part 617, Section 617.10,. and. Chapter 44
of the Code of the Town of Southold, notice i~ hereby given that the Southold Town
Board, as lead agency, for the..action-described below, has determined .that the project,
which is unlisted, Will not have'- a- signifiCant effect on the environment.
Description of Action:.. I~etition.of Thomas E. Samuels for a Wetland Permit to construct
a concrete rip .rap wall [revetme. nt]' at- certain property, located on the west side.of
. Narrow River Road, on Hallock'.s Bay, Orient, New York.
The project has been determined not to have a significant effect on the environ-
ment for~:the following reasons:
A Draft Environmental Impact Statement has been submitted and a public hearing
held on samd on the 16th day of July 1985, and the Board. is satisfied that no signifig-~.,t
adverse effect to the environment are likely to occur should the project be ,mplement~'
as planned.
Further, as a result of an adjudicatory
public hearing before Administrative LaW~-
Judge A. Marshall Irving, the decision of Department of EnvirOnmental Conservation
Commissioner Henry G. Williams are as follows: "My review of the record of this
proceeding confirms the Administrative Law Judge's conclusion that the proposed project
meets or exceeds ':the standards contained in 6NYCRR Section 661.10. Accordingly the
Department Staff is hereby directed to issue a permit subject to the DePartment's
Department's standard conditions and the following special condition:
"(A) This-permit is limited to the placement of rip-rap and the subdivision
of the Site into two lots ali as shown on the maps filed with the subject
application. Separate permit application(s) must be submitted for any
future construction of residential' or other principal buildings on this
Site within any tidal wetlands adjacent areas.
"(B)On-site water supply wells and on-site sewage disposal systems for
future houses on the two lots mus: meet the regulations of the Suffolk
JULY 80, 1~8~ ~75
County Department of Health Services."
33.-Vote of the Town Board: Ayes: C0uncil~'oman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Ed~r~'~, ~'C0~n~:ilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 34 is to set a public hearing on the Samuels Wetland
Application, 3:30 on August 27th.~
34. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board. of.the Town of Southold hereby sets 3:30 P.M.,
Tuesday, August 27, 1985, Southold Town Hall, Main Road, Southold, New York, as
time 'and place for a p. ublic,'hearing upon the application of Thomas E. Samuels for a
Wetland Permit to construct a concrete rip rap wall (revetment) on certain property
I~cated on the west side of Narrow River Road, on Hallock's Bay, Orient,. New York.
~-Vote of th~ Town Rn~rd,: Av~_~- ~n.ncilwoman Cochran_ Cmmcilman Schondebareo
Councilman Stoutenburgh, .J~stice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared 'duly ADOPTED.
SUPERVISOR MURPHY: . Number ;35 is to authorize the paymen~ of $5'00'.'00 'to East
End Arts for the Douglas Moore Concert.
35. Moved by Councilman Townsend, seCOnded by Justice Edwards, it was
RESOLVED. that the. Town Board. 0f ~the Town of Southold hereby allocates $500.100
from A7151.4 Joint Youth Account, for expenses for the Sixth Annual Doug]las Moore
Memorial Concert to. be held on August 19, 1985, and sponsored by the East End Arts
& Humanities, Council.
35.~Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, .Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 36 is to reject bids for the used payloader.
36. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was
RESOLVED ~that the Town. Board of the Town of Southold hereby rejects all bids
for furnishing the Town with one (1) used 4-1/4 cubic yard Articulated Payloader.
36.-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 '37 is to authorize' the Town. Clerk to advertise for
new bids for a new payloader.
37. Moved by Justice Edwards, seconded by. Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk. to-advertise for.bids for supplying the Town with one (1)
new or used 4-1/4 cubic'ya.-d ArticUlated Payloader, all in accordance, with the
specifications' for _bid. .
37.-Vote of the Town Board: Ayes: 'CouncilWoman Cochran, Councilman Schondebare,
Councilman' Stoutenl~urgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 38 is to declare ourselves lead agency on the
proposed houseboats law.
38. Moved by Councilman Townsend, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board. of the Town of Southold hereby declares itself lead
agency in re~ard to the State Environmental Quality Review Act in the matter of the
p. roposed Local Law entitled, "A Local Law in relation to the regulation of Floating
Homes and Houseboats in the Town of Southold."
38.-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 39 is to set a public hearing at 8:00 P.M. on
August 13th, Southold Town Hall on the same proposed houseboat law.
39.
Moved by Justice Edwards, seconded by Councilwoman Cochran,
WHEREAS, there has been presented to the Town Board of the Town of Southold a
proposed Local Law entitled, "A Local Law in relation to the regulation of Floatinq
Homes and Houseboats in the Town of Southold," now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby sets 8:00 P.M.,
..Tuesd~ay, August I3, 1985, Southold Town Hall, Main Road, Southold, New York,
as tim~ and place for a public hearing on the aforesaid proposed Local Law which
reads as follows, to wit:
LOCAL LAW NO. 1985
A Local Law in relation to the regulation of
Floatin~ Homes and Houseboats in t:he Town of Southold
BE IT ENACTED by the Town Board of the Town of Southold, as
follows:
476 JULY 80, 1~8~
I. Article' IV of. Chapter 32 (Boats, Docks and Wharves) of the Code of
the Town of Southold is renumbered Articl'e'V and Sections 32-40, 32-41,
32-1~2, and 32-43 are renumbered 32-50, 32-51', '32-52 and 32-- 53,
respectively;
I!. Chapter 32 (Boats, Docks and Wharves) of the Code of the Town of
Southold' is hereby amended by adding a new Articl'e-thereto, to be Article
IV, to read as follows:
ARTICLE.IV
FLOATING HOMES AND HOUSEBOATS
The Town Board finds that watercraft are being used for. ~strictly
residential' 'purposes .on waterways ..within' the Town of Southold~ The
proliferation of this type of us'e is' expected to create-..significant
environmental problem if their 'proliferation remains unchecked.
...... .The..:rown~Board recognizes that the waterways surrounding the Town
are one of the. primary recreation areas on Long Island. They are used for
swimming, fishing and boating by many of the local residents and visitors.
Furthermore, waterways are a major commercial resource providing food and
employment for the harvesters . of fish - and shellfish.. Shellfish taken
commercially' from said' waterways are distributed to all areasof the Eastern
Seaboard. The Town of Southold' has expended large sums of money 'to
develop and protect the harvestable-clam stock.'
The Town Board acknowledges its duty to protect the health, safety
and welfare of its residents and visitors.. The maintenance of high water
quality is vital to the use of said' waterways for recreational and commercial
purposes. The avoidance of all uses and activities which could introduce
~o~l~tion]n'these waterways is 'of constant concern.
-The potential' ;influx-of craft and vessels for residential purposes
creates a substantial 'danger to water quality in said waterways. The
residential use of these vessels' is contrary to the established character of!
the Town of Southold' and will" severely diminish the recreational and
commercial'-use of said'waterways. '-
The proliferation of FI.oati.ng Homes and marinas which accomodate them
will-create problems, which include, in additi06 to water-.pollution, trash
storage and removal, fire protection, emergency energy requirements during
power failures, loss of mooring piles during winter icing conditions, damage
and sinking of vessels' during storms, all of which conditions impose
additional responsibilities on police, fire and other emergency agencies in the
Town.
..The Town...Board .recognizes that the Town of Southold' consists
primarily of developed year-round residential neighborhoods and that marine
recreational uses are incidental to such residential-uses, and that it is in the
best interests of the Town of Southold' and its residents to restrict and
prohibit '.the uncontrolled growth and bur'den on its waterways that would
result if the infusion of Houseboats and Floating Homes is not controlled.
Section 32-41. Definitions.
As used in this Article; the words and terms used herein are defined
as follows:
'FLOATING HOME - Any vessel in fact used, designed or occupied as a
permanent dwelling' unit,' business office, or .source of any occupation,
or for any private or social club of whatever nature, including, but not
limited to, a structure constructed upon a barge primarily' immobile and
out of navigation which functions substantially' as a land structure while
the 'same is moored or docked in or on Town Waterways within the Town
'of Southold, whether such vessel is'self propelled or not, and whose
volume co-efficient is'greater than three thousand (3,000)square feet.
Volume co-efficient is a ratio' of the habitable' space of a vessel
.measured in cubic feet and the draft of a vessel measured in feet of
depth.
Town of Southold; upon which a marin~ is'operated where one or more
sites or locations are rented or are offered for rent, sold; or offered
for sale, or otherwise used .or offered for use for the location of
Floating Homes.
'HOUSEBOAT - Any vess~i:' primarily for residential'
dwelling units, but designed primarily for independent navigation for
pleasure craft and recreational uses, whose volume co-efficient is'less
than or equal to three thousand (3000} square feet and not considered
a Floating Home, as hereinbefore defined.
MARINA - Any dock,' pier or other facility operated for profit, or to
which public patronage is invited, providing moorings, dockage or other
marine services primarily for power and sailing yachts, launches or
other .wa[er craft, other-than Floating Homes, and which may also be
capable of removing any and all 'water crafts moored or docked within
the marina from the water for repair 'and/or storage.
PERSON - Any indi~,iduat, corporation, copartnership, association,
society or any other combination of individuals.
TOWN WATERS - All 'tidal waters bordering on or .within the Town of
Southold'in~luding, but not limited to, bays, sounds, creeks, estuaries,
inlets, and all 'tributaries thereof, and extending seaward to a point 100
feet from the mean high water line.
Section 32~42. Prohibited Acts.
No person shall place, moor, dock, use, or occupy, or permit or
assist in' the placing, mooring, docking, use or occupancy of a
Floating Home in or on Town Waters.
· B. ---No person-shall- place,--moor, dock or store,-or permit or assist in
the placing, mooring~ docking or storage of a Floating Home in a
marina in the Town of Southold.
....... C: ..... No person -shall-'operate" or cause-- to' be operated a Floating Home
Marina, or rent, or hold' out' for rent, or sell or offer to sell any
sit~, berth or space for the accomodation of a Floating Home in'the
-Town of Southold;
D. No person sl~all use or permit the use of more than five (5%)
percent of the total number of boat slips, docking berths or
mooring sites located in a marina for the docking, mooring or
accomodation of Houseboats.
Section 32-43. Severability.
If any clause, sentence, paragraph, section or part of this Article'shall
be adjudged by any Court of competent jurisdiction to be invalid, .such
.judgement_shall .not affect,.4mpair, or invalidate the remainder of this'Article,
but shall be confined in its operation to the clause, sentence, paragraph,
section or part thereof directly involved in the litigation in which such
judgement shall have been rendered.
111. This Local Law shall become effective upon its filing with the Secretary
of State.
39.-Vote of the Town Board:. Ayes: 'COuncilwoman' C0chran, Councilman Schondebare,
Councilman Stoutenburgh, 'Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, that's the end of our prepared and added-to agenda
and we're just about on schedule to meet with the Master Planner. At this time I'd ·
like to ask any. members of the Town Board if they have anything further to say.
Ray? [Nothing, thank you, Frank.) Jean? (Nothing, thank you, Frank.) Paul?
[No.) 'Joe? .(No~) Jay~ ..(No.) Okay, at this'time i.s there anyone in'the audience
would li.ke to make any. comments? .
MR. JOHN SKABRY: Would this be the conclusion of the Town Board meeting?
SUPERVISOR MURPHY: Yes.
MR. SKABRY: I'd like to make a comment. ! was wondering if after the meeting
that you had with Foster Beach, ; .from the State Transportation Department, if you
set a date for the public meeting? Next month will be the second anniversary of
the grant that was--or the study, commission that was made to the engineering firm.
It will' be two years next month and we're looking forward to this public meeting.
Has Foster Grant given you a date when the meeting was going to be?
SUPERVISOR MURPHY: Foster Beach. We set the meeting. We iust received the
letter the other day that the Town Board has not even gotten. ! didn't want to
I,~se it in'ali of these papers and I think we're at'the position where we now can
set our public hearing, but I would like the Town Board to have the letter first.
478
JULY 30, 1985
MR. SKABRY: ^ letter from Foster Beach?
SUPERVISOR MURPHY:
and Ii. That's the letter we've been waiting for for quite some time.
Yes. TeJling us that he's satisfied with the study of Phase
MR. SKABRY: Okay. So we don't have a date then?
SUPERVISOR MURPHY: No date has been sets John. It will:be set. very shortly.
MR. SKABRY: Okay. Thank you.
SUPERVISOR MURPHY: Anyone else like to address the Board? Jean?
MRS. JEAN TIEDKE: ! want to ask a question. Up at the Town Landfill=-I have it i
to think what to call that--you used to hav~_
for salvage. The other day we were up there, and there were catalogues, there were
magazlness there was all kinds of junk in' the little trucks that hold the newspaperss
so what is'the position? Any kind of paper now?
COUNCILMAN TOWNSEND: I don't think 'that we have any formal law, so obviously
you don't have' to do that. People do that voluntarily, but the people that process
the paper try to get only newspapers.
MRS. TIEDKE: That's what Mr. Schelin'always said~ Is he still the agent?
COUNCILMAN TOWNSEND: No.
SUPERVISOR MURPHY: No, he doesn't have the contract.
MRS. TIEDKE: Who is now?
TOWN CLERK TERRY: B P Wreckers.
COUNCILMAN TOWNSEND: Pfluger.
MRS. TIEDKE: Well, if the company .buys it only wants newspapers I think that
the people:who work at the dump should be told that.
SUPERVISOR MURPHY: Well, evidentially they've been taking---
COUNCILMAN TOWNSEND: They've been accepting it. As long as the percentage
of glossy print and higher quality paper is not too great so that it screws up their
process, they're okay. So as long as they don't make any problems then, great,
we can pull more paper out of the site.
MRS. TIEDKE: I thought your take from that sale was less if there was any g. lc~ssy
paper in it.
COUNCILMAN TOWNSEND: We're getting paid the same amount per ton.
TOWN. CLERK TERRY: They have to pay us so much, by contract, per quarter, Jean.
He bids on this 'and he pays us. We don't have anything to do with what he gets.
He pays us a certain amount as a bid per year.
MRS. TIEDKE: ! Understood that all newsprint was worth more than any kind of
mix. ~
TOWN CLERK. TERRY: That's up to him really.
COLINClLMAN TOWNSEND: He gets paid a flat fee.-,i mean he pays us a flat fee.
SUPERVISOR MURPHY: He pays us no matter what he takes-out.
MRS. TIEDKE: ! thought that straight newspr'int would give you more money than
a mix~
SUPERVISOR MURPHY: Same price. Maybe give him more, .but not us.
COUNCILMAN STOUTENBURGH: Because he resells it through some one else.
MRS. TIEDKE: Yes, ! understand that. Well, it's not very well done.
SUPERVISOR MURPHY: Anyone else like to address the Town Board? (No response.)
if not, I Would like to entertain a motion to adjourn.
JULY 30, 1985
479
Moved by Supervisor Murphy, seconded by Councilman Townsend, it 'was
RESOLVED that this Town Board Meeting] be and hereby is adjourned at 4:10 P.M.
Vote of the Town Board: Ayes: CouncilWoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared 'duly ADOPTED.
Judith T~. Terry.
Southold Town. Clerk.