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HomeMy WebLinkAboutTB-08/05/1997. SOUTHOLD TOWN BOARD AUGUST 5, 1997 WORK SESSION Present: Supervisor Jean W. Cochran, Councilwoman Alice J. Hussie, Councilman Joseph L. Townsend, Jr., Councilwoman Ruth D. Oliva, Justice Louisa P. Evans, Councilman William D. Moore, Town Clerk Judith T. Terry, Town Attorney Laury L. Dowd. 9:15 a.m..- Venetia McKeighan, Director of Human Services, met with the Town Board to further review the proposed Companion Care Program. Also in attendance was John Stype, the Town's Insurance Agent, and William F. Mullen, J~:~'~' the Town's Insurance Consultant, who will meet with Mrs. McKeighan to review the insurance requirements for such a program. 9:45 a.m. - Edward Forrester, Director of Code Enforcement, met with the Board to review his proposal for increase fees for Building Permits and Determinations. He will meet with Senior Accountant John Cushman to prepare an analysis of ~the proposed increases~ .... The Board discussed with Mr. Forrester his responsibilities as Director of Code Enforcement versus his duties in his prior position as Town Investigator. EXECUTIVE SESSION 11:15 a.m. On motion of Justice Evans, seconded by Councilwoman Oliva, it was Resolved that the Town Board enter into Executive Session to discuss litigation and employment history. Vote of the Board: Ayes: Supervisor Cochran, Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans, Councilman Moore. Also present: Town Cl&rl~ Terry, Town Attorney Dowd. 1:10 p.m. - Recess for lunch. 2:25 p.m. - Work Session reconvened and the Board ~ook up for discussion items: The Board again discussed the question of placing a ref&rendum on the November ballot for a $2,000,000 farmland preservation issue. Questions arose with regard to having the referendum on a combination of farmland, open space, purchase of wetlands, etc. Senior Accountant Cushman will discuss the legality of such a proposition with bond counsel.----The Board placed a resolution (~4) on the agenda to appoint Noreen McKenna to the Land Preservation Committee, and a resolution (15) to readvertise for a member of the Transportation Committee.----Town Attorney D0wd submitted the draft Employee Handbook to the Board for further review. Before taking action, the CSEA will be asked for comments they might have on the handbook. .... The Town Board placed a resolution (16) on the agenda to set a public hearing on "A Local Law in Relation to Parking on Rocky Point Road, East Marion".-~--Councilwoman Hussie brought to the Board the preliminary cost estimates, prepared by Dvirka and Bartilucci, for the proposed new transfer station, the improvements to the collection center, and the new drop-off area. D&B will be asked to review their proposal again in an attempt to reduce the cost, which came in at. almost $3,000,00-for the foregoing construction.----Councilwoman Hussie also distributed a booklet on the Ag-B~ig, a new composting technology using enormous sealed plastic bags.----The Board reviewed the draft of the Hurricane Awareness brochure, and approved it with minor changes.----Town Board agreed the Suffolk County Water Authority should not be charged for records of property owners supplied by the Assessors' office.----Executive Assistant James McMahon met with the Town Board to explain resolution no. 4, funding for the Southold Town Seed Clam Grow Out Program - Rebuilding of Clam Grow Out Rafts Project. 3:45 p.m. - The Town Board reviewed the resolutions to be voted on at the 4:30 p.m. Regular Meeting. 4:05 p.m, - Work Session adjourned. REGULAR MEETING A Regular Meeting of the Southold Town Board was held on August 5, 1997, at the Sou~hold Town Hall, Main Road, Southold, New York. Supervisor Cochran opened the meeting at 4:30 P..M. with the Pledge of Allegiance to the Flag. Present: Supervisor Jean W. Cochran Councilwoman Alice J. Hussie Councilman Joseph L. Townsend, Jr. Councilwoman Ruth D. Oliva Justice Louisa P. Evans Councilman ~/illlam D. Moore Town Clerk Judith T. Terry Town Attorney Laury L. Dowd SUPERVISOR COCHRAN: August 5th? May I have a motion to approve the bills of Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the following bills be and hereby are order paid': General Fund Whole Town bills in the amount of $129,197.73; General Fund Part bills in the amount of $1,362.90; Community Development Fund bills in the amount of $150,000.00; Highway Fund Whole Town bills in the amount of $2,899.16; Highway Fund Part Town bills in the amount of $5,579.70; Capital Projects Account bills in the amount of $6,005.32; Ag Land Development Rights bills in the amount of $5,~26.51~; Open Space Capital Fund bills .in the amount of $27,q34.66; Computer System Upgrade bills in the amount of $995.00; Employee Health Benefit Plan bills in the amount of $79,829.21; Fishers Island Ferry District bills in the amount~of $20,287.18; Refuse & Garbage District bills in the amount of $8[[,693.36; Southold Wastewater District bills iO the amount of $17,800.68; Fishers Island Sewer District bills in the amount'of $5tt3.33; Southold Agency & Trust bills in the amount of $10,592.82; Fishers Island Ferry District Agency & Trust bills in the amount of $82~,.13. Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: May I have a motion for the approve of the minutes of July 22, 199~7, Town Board meeting? Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, itwas RESOLVED that the minutes of the July 22, 1997, Town Board meeting be and hereby are approved. Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Su pervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: To set the Fishers Island Town Board meeting for August 13, 1997, at 1:30 P.M. Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the next meeting of the Southold Town Board will be held at.l:30 P'.M., Wednesday, August 13, 1997, at Fishers Island, New York. Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. AUGUST 5, 1997 Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday, August 19, 1997, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. I REPORTS. SUPERVISOR COCHRAN: On our agenda of each Town Board meeting is a listing of reports that are submitted by different departments, and the committees within Town government. They are available in the Town Clerk's Office. They are public information. If you have any interest in any of these listed on your agenda you certainly are free to get more information of them. 1. Southold Town Recreation Department Monthly Report for July, i997.,.~ 2. Southold Town Building Departm.e. nt Monthly Report for July, 1997. 3. Southold Town EmploYee Leave Time for June, 1997. Southold Town Employee Leave Time for July, 1997. II. PUBLIC NOTICES. 1. New York State Department of Environmental Conservation, Notice of Complete Application of U.S. Department of Agriculture to operate existing potable water supply wells for operation and maintenance of the laboratory and administrative facilities at the U.S. Plum Island Animal Disease Center located on Plum Island in Southold. Comments to be received by August 15, 1997. !11. COMMUNICATIONS. 1. Denise Lademann to Supervisor Cochran praising the swimming lesson program sponsored.by the Town Recreation Department. 2, Bernadette Castro, Commissioner of Office of Parks, Recreation and Historic Preservation in regard to the preservation of Arshamomaque Wetlands. 3, Thomas R, Suozzi, Mayor of Glen Cove with thanks for contributing to the success of Orchestrating Both Coasts for a Better Sound. 4, Barbara Heaney, Village of Greenport Trustee with appreciation for helping keep the North Fork beautiful. IV. PUBLIC HEARINGS. None. V. RESOLUTIONS. SUPERVISOR COCHRAN: As you know the Town Board has a policy that if there is anyone that would like to comment in relation to any of the resolutions prior to the passing of th& resolutions, we ask that you do it .now. We entertain your input. Is there anyone that would llke to speak to the Town Board in relation to any of the agenda resolutions? You will have an opportunity at the end of the Town Board meeting to address the Town Board on other Town business, but this is just in relation to resolutions at this point. Yes, sir? JAY GARGANI: i am Mr. Gargani, Southold. In relation to Resolution #1, the referendum of the $2,000,000 Farmland Preservation? SUPERVISOR COCHRAN: That is not a resolution. That is a discussion item. Is there anyone else who would like to address the Town Board in relation to the proposed resolutions only? (No response) If not, we will proceed with the resolutions. 1--Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board' of the Town of Southold hereby accepts, with regret, the resignation of William A. Bourguignon IV, Traffic Control Officer, effective July 18, 1997. 1 .- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 2.-Moved by Councilwoman Hussie, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure of Case's Lane, Cutchogue, from 6:00 P.M. to 10:00 P.M., Saturcl. ay, August 9, 1997, as a safety precaution during the ~ou~las Moore Memorial 'ConCert, to be held on the Cutchogue-New Suffolk H]stor'.lcal Council's Village Green, provided the Douglas Moore Memorial Committee files with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured. 2.-Vote Of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva~ Councilman Townsend, Councdwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. 3.-Moved by. Councilman Moore, seconded by .Councilwoman Oliva, it was RESOLVED that .the Town Board of the Town of Southold hereby modifies the General Fundi Whole Town 1997 budget to appropriate a donation from Merck: To: Revenues A. 2705.40 Appropriations A. 61u,2. ~; ~00. 100 Gifts & Donations Other Donations -Vote of the Town Councilwoman Ollva, Councilman Supervisor Cochran. This resolution was duly ADOPTED. $ 500.00 Office for Women, Contractual Workshops, Support Services $ 500.00 Board: Ayes: Councilman Moore, Justice Townsend, Councilwoman Evans, Hussle, 4.-Moved by: Councilwoman Oliva, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the T6wn of Southold hereby authorizes and directs Supervisor Jean W. Cochran to" execute an Agreement between the Town of Southold and the New York State Department of State, for funding under Title II of the Environmental Protection Fund, for the Southold Town Seed Clam Grow Out Program - Rebuilding of Clam Grow Out Rafts Project; said agreement ali in accordance with the approval of the Town Attorney. 4.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. §:-M6ved by Councilman Townsehd, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute an Extension Agreement between the Suffolk County Office for the Aging and the Town of Southold for the EISEP Housekeeper/Chore Program, for the period of March 31, 1997 through March 31, 1998, at a total budget not to exceed $2.1,992.00; said agreement all in accordance with the approval of the Town . Attorney. 5.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 6.-Moved by Justice Evans, seconded by Councilwoman Hussie, WHEREASl the Town Board of the Town of Southold advertised and accepted bids for the sale of used Town vehicles on May 27, 1997; and WHEREAS, Liberty 'Motors of Goshen was the high bidder for the purchase of a 1991 Ford (2FALP72F8MX176021) for $891.99 and a 1990 Dodge Van (2BSWB35ZOLK032tt9) for $1,692.99; and WHEREAS, Liberty Motor of Goshen has advised they are no longer interested in purchasing the vehicles inasmuch as they are damaged, condition that was obvious at the time they were offered; now, therefore, be it RESOLVED that the Town Board hereby rescinds award of the aforesaid vehicles to Liberty Motors of Goshen, and retains their $100.00 bid check for damages. 6.-Vote of the Town Board: Ayes: Councilman Moore,' Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 7.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it Was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Superintendent of Highways Jacobs to junk four of the unsold used Town vehicles from a recent bid: 1991 Ford (2FALP72F8MX176021), 1990 Doge Van (2BSWB35ZOLK7032a,9), 1984 Plymouth (1P3BM18CZED302293), 198u, Plymouth Horizon (1P3BM18CqED275873). 7o-Vote of the Town Board: Ayes: Councilman Moore, Justice 'Eva~ns, Councilwoman :Oliva, Councilman Townsend, Councilwoman. Hus~e, Supervisor Cochrano This resolution was duly ADOPTED. 8.-Moved by Councilman Townsend, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes, and' directs Supervisor Jean W. Cochran to eXecute an agreement between the Town and John Henry Ship, retired Southold Town Police Department Sergeant, for payment of his accumulated unused vacation and sick days, all in accordance with the provisions of the PBA contract. Said agreement as prepared by the Town Attorney. 8.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. 9.-Moved by Councilwoman. O!iva, seconded by Councilwoman Hussie, it was RESOLVED that the Town ~3oard of the Town of Southold hereby appoints Ryan Claire (1st year) as a Lifeguard, effective immediately, for the remainder of the 1997 summer season, at a salary of $7.50 per hour. 9.-Vote 'of the Town Board: Ayes: Councilman Moore, Justice Evans, COuncilwoman Oliva~ Councilman ToWnsend, Councilwoman Hussie, SuPervisor C. ochran. This resolution was duly ADOPTED. 10.-Moved by Jrustice .Evans, seconded by Councilwoman Hussie, it was RESOLVED ~hat the Town Board of the Town of Southold hereby appoints Theresa Chabot as a Kitchen Aide at the Southold Town Human Resource center, effective August 11, 1997, 17-1/2 hours per week, at a salary of $6./46 per hour. 10.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Ollva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 11 .-Moved by Councilman Moore, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of 'the Town of Southold hereby authorizes the following modification to the General Fund Whole Town 1997 budget as follows: From: A7180.~.100.100 (Lifeguard Supplies) $ 800.00 To: A7020.~.100.100 (Office Supplies & Materials) $ 800.00 11 .- Vote of the Town - Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. AUGUST 5, 1997 12.-Moved by Councilwoman Oliva, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southoid hereby modifies the General Fund Whole Town 1997 budget to appropriate a $3,500.00 donation received for the Tasker Park playground from Cross Sound Ferry: To: ~-~venues: A.2705.70 Appropriations: A7110.2.500.800 Gifts & Donations Tasker Park Donations Parks Equipment Tasker park Playground 12.-Vote of the Town Board: Ayes: Councilwoman - Oliva, Councilman Supervisor Cochran. This resolution was duly ADOPTED. Councilman Townsend, 3,500.00 $ 3,500.00 Moore, Justice Evans, Councilwoman Hussie, 13.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 1997 budget to appropriate funds for Vehicle Maintenance and Repairs in the Bay Constable budget: To: A3130.~. ~00.650 $ 1,600.00 Vehicle Maintenance and Repairs Bay Constable From: A.3130.~.u,00.600 Buoy Maintenance Bay Constable 13.- Vote of the Town Board: .Ayes: Councilwoman Oliva, Councilman Supervisor Cochran. This resolution was duly ADOPTED. $ 1,600.00 Councilman Moore, Justice Evans, Townsend, Councilwoman Hussle, 14.-Moved by Councilwoman Oliva, seconded by Councilman Moore, it was RESOLVED that the Town Board-of the Town of Southold hereby appoints Noreen McKenna as member of the Southold Town Land Preservation Committee, to replace Joseph Gold, effective immediately through July 3, 1999, she to serve without compensation. 14.-Vote of the Town Board: Ay. es: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman ~ Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 15.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to readvertise for a member of the Transportation Committee to fill the vacancy caused by the resignation .of Dwayne H. Early to April 5, 1999. 15.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva,' Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 16.-Moved by Councilwoman Hussle, seconded by Councilwoman Oliva, WHEREAS, there has been presented to the Town Board of the Town of ~Southold, on the 5th day of August, 1997, a Local Law entitled, "A Local Law in Relation to Parking on Rocky Point Road, East Marion"; now, therefore, be it RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, August 19, 1997, Southold Town Hall, 53095. Main Road, Southold, New York, as time and place for a public hearing on this Local Law, which reads as follows: A Local Law in Relation to Parking on Rocky Point Road, East Marion BE IT ENACTED by the Town Board of the Town of Southold as follows: AUGUST 5, 1997 II. Chapter 65 (Parking at Beaches) is hereby amended as follows: Section 65-2(B)(3) (Designation of parking areas requiring permits) is hereby amended by deleting the following: B. The following road end areas are hereby designated as Town of Southold "Parking by Southold Town Permit Only" areas: Chapter 92 (Vehicles and Traffic) is hereby amended as follows: Section 92-41 (Parking prohibited at all times) is hereby amended by adding the following: The parking of vehicles is hereby in any of the following locations: Name of Street Side prohibited at all times Location Rocky Point Road Both At East Marion, Aquaview. Road from Rocky Point Road. Lon.q Island Sound, east for a distance of five hundred (500) feet and rrom the terminus south for a distance of five hundred (500) feet, II. State. * Str|kethrough represents deletion Underline represents addition 16.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Supervisor Cochran. Thls resolution was duly ADOPTED. This Local Law shall take effect upon filing with the Secretary of Councilman Moore, - Justice Evans, Townsend, Councilwoman Hussle, SUPERVISOR COCHRAN: That is the end of our prepared resolutions. We do not have any public hearings scheduled for this meeting, so we can go right into comments from the public for any Input. Is there anything that anyone would like to share with the Town Board? JULIE SANFORD: I live on Locust Lane. My name is Julie Sanford. Yesterday myself, and my family, and other residents attended a site plan meeting in regards to the Mullen Motors. SUPERVISOR COCHRAN: Okay, I am going to ask you, and anyone else.. COUNCILMAN TOWNS.END: You are not talking about a proposed zone change. You' are talking about site plan, 'not a proposed zone change, right? SUPERVISOR COCHRAN: Not the application for the zone change? .JULIE SANFORD; Well, it is applicable, but I am here to discuss what is presently on the premises, and we were told when we attended the Planning.. AUGUS t63 SUPERVISOR COCHRAN: If I may, I am going to ask the Town Attorney for a decision, because any discussion on the zone change should really be held for the public hearing. This is a process we have to go through in a zone change, and you would have the opportunity, anyone in the community has the opportunity at that point to come, and express their views in relation to the zone change, and the Town Board really shouldn't be entertaining that information now. That's why I want you to separate what you are going to ask. JULIE SANFORD: 'This is present complaint I would like to address the Town with. I have a letter here from Mrs. Prince, who wou~ld.have liked/to have read is in regards to the present, violation that we are currentl~ With at Mullen Motors in our neighborhood. ~Am I allowed to proceed? SUni is not: to ;OR COCHRAN: On that, yes. There's a bottom line here, that it. We would like you to come to. the th in relation to the zone change~ re point. There is a publicized ~uj ng:,~gr 'ou follow me. Okay? JUEIE SANFORD: To Southolders and all whom it may concern. We have wol~ked hard 't(~ be a good neighbor. Just what does that mean when said by a successful businessman? Think about it. Make a list even. That Mullen. But is he? You be the judge. Mullen a long llst of site violations, acts on his property aga specific orders. Acts that mos.t .of us knew nothing ab0Ul 5or? You be the judge. Permlsslon- was grantedi for MU! car lot behind his building along Cottage Place, ~with ::~a, ~t ~was to be. used for employee parking only. b, there st buffer of 27 hemlock trees between Mullen and i the riel property, and c, it was to be enClosed~:by~ a ~fe~.ce land along the street. Fact.. There have' Peen over ~,35 ibars in 25 feet of soil w,th graceful hemio~;ks, and .the s are gone, replaced by rs and !multiple acce: Jons. , The bubble showroom at nt-was ~to J~ave had it' and the Main Road. Fact, fir t MUlle~ a~ded two ~or display cars. After getting a t okay ~rom the he 'covered the whole front cars arid is for forgiveness for that. Two re. ca cars to their right and pedestri being around the cars parked on the macadam. Viola on lot on the west side of was to from the Video Store for diStance to Place. The parking lot behind this cu~ Fact. The fence extends all cars, not customer cars at dn't the Town reverse these viol; leny fu /.For Mullen has shown he will nevE 3bor's actions speak louder than Pri~ )u know Mullen owns car' acces properties? He lets one fa~mil ild~s Do we want any big business to our historic village? Are we Closed to the public? Are there H~ SUPERVISOR COCHRAN: Thank you. We have copies of that also; Is there anyone else that would like to address the Board? I WoUld~, like to make one clarification. I made a statement at the last and upon further investigation I was not 100% correct in my ;o i ~would like to correct that at this point. I had said that none of were property. Well, when I met again with Mr. 'hen we' !oo the ~maps, and the markers, and everything ~e~. the did go ~ the middle of two of our trees. It Went ~h the )st of 'our~ roads in Southold Town are right-of~Wa' feet, is paved. Down there on Locust Lane i,t paved, it has always been kind of like mo little path, or alley, than it has been a full highway. But, I just wanted to correct that, that the line did go through two of our trees, right through the middle of the trees. Clarification. Someone else like to address the Board? .Yes, ma~am? Not in relation to the zone change, do you know what I am saying? MELANIE SANFORD: I am not citing any par'ticular case. Just a concern. My name is Melanie Sanford, and I live on Locust Lane as well. I did attend the Zoning Board meeting that you had last 'week', and I am glad :1 did, because I learned where the hamlet center in Southold was. As it was mentioned, it runs from Horton~s Lane, I think, to Nickies Realty,.~and I am ~here this afternoon out'of concern for that hamlet district, and .! think that some of proposed changes and loosening up on the definition of. hamlet will really impact that stretch of land, and i think that in the next two months I understand you will have a public hearing on changes of the zones and 'adoptions, and the exc.e, pti~ns. ! think that is is impor~cant.'that we remember where thelhamlet distract is, and that is shoul: kind of Stay a pedestrian, center, and that: glaring commerci~ really shouldn't be embedded in that site, so~ my:~concern ! guess~is just attempt to redefine hamlet, and we should kind of retain the historic charaCter~ and not allow ~arlances, and special exceptions to become the rule here, but .to maybe, tighten up the codes, so that, you:!know,., so our Maln'~Street is still walkable and beautiful, that quaint shops, are the emphasis, and that big sprawling commercial general~bu~sinesses are'~kept oUt of, you know, tha~ striP between Horton's and tO tree SU;pERvISOR went tl~r0u~ halve I am glad you..gave ,us a~ I guess what I ~ a case llke thiS? Bei now proceed in I understand that the= two .I. don't know if they' ~hat our .line tree~ that. i Sche~ MEILANI'EI~SANEOR~D:. Do you ,know if this was a LILCO contract? SUPERVISOR: COCHRAN: Not with us. Mr. Jacobs was going to look into it, yes ~ MELANIE SANFORD: To find out if it was private, or if it was intended LILIC©Js.~ Someone iiS looking into it? SUPERVISOR COCHRAN: We are trying to get more information the same as ~ust' another clarification I would like to make. As soon as of the violations that presently exist, they were given to who is working to bring the client into compliance.: Ok~aY? arians, past vlol~tions, so that is being looked at also.: itS. When I have more information, as i have said to know. MEI_AJNI'E SANFOI~D: Then '1 am assuming that this came as a much of a surprise ~ to the Board as it did to us. I mean, no one had any knowledge that'these trees were going to come down. SUPERVISOR; COGHRANI: We didn't. MELANIE SANFORD: So this is all a surprise, and you have never had anything like this happen before. SUPERVISOR COCHRAN: This is a first. Usually the Highway Department is notified of tree coming down, because I don't know who's law it is. It must be a State Law. I don't know. But, people taking down trees on property are not allowed to go within ten feet of the electrical wires. That must be done b~ LILCO, and then usually the call is made to the Highway Department, and Mr. Jacobs takes down the rest of the tree. So, we are still looking at it, too. AUGUST 5, 1997 1:'65 COUNCILWOMAN HUSSIE: The only thing that the Town knows about trees happened a few years ago, when some trees were taken down in Mattituck, as you may remember, and it was on commercial property, and at that time it caused the Town Board to put a part in the Town Code, that said, on commercial property you can not take down the trees until you filed a Site Plan with the Planning Board, but must .people on residential property don~t want to take trees down. SUPERVISOR COCHRAN: There's nothing in the Gode about residential. It only relates to commercial. COUNCILWOMAN HUSSIE: It never occurred to us that this would happen. MELANIE SANFORD: But, you will look into a penalty? I guess what I am asking you, being th t these were Town trees there is some sort of penalty involved, is there not? SUPERVISOR COCHRAN: I shall try to get a clarification. MELANIE SANFORD: Thank you. SUPERVISOR COCHRAN: Is there anyone else? NANCY ZI~TO: I you cutti, because a the Highway ,D. epartment. my p~int is. what am Nancy Zito. I llve across the street from the naturally, because these people were cutting down the over the road. We. asked r what is going on? 'Why are the trees, and they said, we are cutting them down, lot is going here. Does that have anything to do with So, they were aware of what was going on is SUPERVISOR COCHRAN: Who was? NANCY are were his e: ,hlan, who were cutting down the trees said, oh, we ;se trees because they are putting a parking lot here, and [ believe him. SUPERVISOR CO~HRAN: That's not our parking lot, and the Highway Department~'s parking lot. NANCY ZITO: I know, but that is what he said. COUNCILWOMAN HUSSIE: Did they give you any idea who, they, was? NANCY ZITO: They said, a parking lot is going here, Mullen Motors. COUNCILWOMAN HUSSIE: But you don't know who, they, referred? NANCY ZITO: No. It's only natural. A notification that it was going to be a parki~ng Iot~ that they were changing the zone for a parking lot. We were notified from the lawyer, and then Asphlan came. 'When we aske~d, whale, was going on here, they said, well, a parking lot is going to be put up here. So, someone was aware of what was going on. MELANIE SANFORD: On the 15th of month, I stopped, because I was _going back to work, and I had come home for lunch, and I was heading back to work. The trees were being trimmed, and I, also, think it's very interesting that the timing that this all happened, because after looking at the file and reading the'Nelson, Pope and Voorhis Environmental Impact -Statement, that came back on the 9th, and three working days after that review, had been done the trees came down. On the lttth they were there chopping the pines, which mlght have been semi-dead. They were chopping that tree, and another tree. SUPERVISOR COCHRAN: The problem now iS trying glean good hard facts is that everybody's story has changed. MELANIE SANFORD: Not ours. AUGUST 5, 1997 SUPERVISOR COCHRAN: i am not saying, .you. Don't get excited, but no one seems to know who said, what, and who told who to do what. So, we will continue to look at it. It is not forgotten, believe me. MELANIE SANFORD: I do think this is an interesting note, because maybe whoever cut those trees did them in reaction, or in response, to some of the sensitive findings in that Nelson, Pope and Voorhis Environmental Statement, which explicitly said, any trees over one hundred.. SUPERVISOR coCHRAN: We are getting into the zone change hearing stuff. MELANIE SANFORD: Okay, that is all I wanted to say. SUPERVISOR COCHRAN: Thank you. I appreciate your cooperation. COUNCILMAN TOWNSEND: I would like to make a couple of comments about this Planning and Zoning Committee. Two things have been going on. One thing ~Jean alluded to, well, I'm not sure you alluded to, we had on the agenda this morning we had Ed Forrester come in to discuss in part.~t?e nature of this kind of problem. Quite frequently in town there are conditions that are put ~around site plans, or conditions that are put around variances that the Town somehow loses track of. There is no ongoing monitoring, and so there is gradual changes. It's not just this particular Tssue you. are talking about. There has been several others that have been in the papers !at~!y.. I won't go into them, but there has been several .other high profile~ir~cldents where site plans were expanded over what their intent|or~ was, and we have to, as a Town Board, figure out how we can better monitor these things, how we create a schedule where periodically the site .p.!ans are reviewed to make sure that the people ,.are complying with the Conditions that were put on them, and that is one thing we have asked Ed to do, and he is going to work on that to figure out how through the Building Department, or the Code Enforcement we can keep better track of what is going on, so things like this don't happen that ~you are concerned about. The second issue was read into the Planning and Zoning Committee meeting, and this may be my fault because I have been saying we have been allowing a lot more uses in the hamlet zoning district, and to a degree that is not really true in' ~ sense that what we tried to do was to see what would now occupy these districts, and then make them legal. We did want to make more intense use. We didn't approve any-use that created a i ' greater ntens~ty, that created more traffic. What we are trying to do is create more flexibility, to create more living community. Apartments were not allowed in hamlets by right, and in fact we have "always had apartments in hamlets. We have houses in hamlets. What we are trying to do is make a less troublesome task to get something approved, and also, to make it a more living community, make it more successful, to integrate it better with the people that live around it, to make it less of a dramatic transition. It surely ~s no intent to ruin the quality of life of the community just to make it better. Also, create a situation where people want to have businesses in hamlets, but we are not looking for heavy vehicle traffic. We want to restrict that kind of use to the business and industrial~ use. We are not looking for things where you l~ave to bring in, and loach. We are not looking' for wholesale businesses and that sort of thing. I tl~ink when we get fir~ished you will be 'more aware of that, when you go through the hearing, hopefully. Secondly, one thing that did surprise, I think, the entire Zoning and Planning Committee, when we actually started getting out in cars and driving around, and looking at the existing zones as they .became after t.he last Master, .Plan was how the limits of these zones had increased, It' ~s quite surprising. That is something they may want to take another look at, because a lot of these zones were expanded, and now the predominant use in these business zones is housing. Perhaps you Want to look at that. Maybe they are too big. That is something that np one on this Board had any say in, but it is something we want to look at after the zones are made so that they fit in with our definition of the zone. I hope I haven't confused you more with that. but I think a lot of people :didn't realize there is no business zone. I just talked to someone that didn't even realize that he was located in a business zone. are probably many people in that same boat. So, we have to look ~at. Some of the zones may be inappropriately placed. But, right now what we are dealing is what you can do in those zones, not whether we have:too' much property in those zones. That's all I have say on this issue. AUGUST SUPERVISOR COCHRAN: Anyone else like to address the Town Board? MELANIE SANFORD: Just to follow up you said that a lot of residents didn't realize they were living in a business zone? COUNCILMAN TOWNSEND: Maybe. I don't know. Some may not know. MELANIE SANFORD: There are conditions where residents are. living flush with businesses? .I am wondering how many of those businesses have expanded, because they have special Variances, and in effect have to be in keeping with the residential properties that they adjoin, because it is my understanding, or maybe you can clarify the definition of a variance, but a variance is a special favor, and allows certain activities in. the zone that it wouldn't 'ordinarily be allowed to take place so long as it's in keeping with what was there already. So, I'm just wondering if we are giving out too 'many variances in the town. and it's clogging our Planning Department. and I don~t want in the name of vitality to kind of change everything just to eliminate, you know, COUNCILMAN TOWNSEND: Variances have nothing to do with what I 'a~n talking about. A variance is, we have a Board of Appeals, that is when someone wants to do something that they can not do in a certain zones, either use =or because of the dimensions of what they want they ask for a variance from the Code. Are you thinking of Special Exceptions, or are you thinking of Variances? MEL/~NIE SANFORD: i Special Exceptions'and Variance. My understanding of it, .when: you are talking about people who are living next to business zones, and aren't aware of it, I would imagine that a lot of those busi!nesses ar~e there, and are acting because they got maybe a variance or they were g~anted a !favor to be able to conduct business as long as they were :kind of keeping with the neighborhood. COUNCILMAN TOWNSEND: You can have a variance. I don't want to be too technical, but a Special Exception is a permitted use in a certain zone, but it is~ the-kind of us.e_ that might have some impact if there aren't special conditions attached to it. That's a Special Exception, and then in those instances, for instance .a gasoline station might be a special Exception in a certain zone. So, they would come and say, okay, the gasoline station has to have a certain amount of_ buffering, you have to have this~ and this~ as a special condition for the special exception. That is an allowed use. You really have to allow it as long as you provide certain insulatioh. Variances are a different thing. You don't have to really grant a variance. A variance is, you are looking for some sort of significant relief from the law. It is outside the zoning..whatever you are looking for is not allowed in that zone, for either a use reason, or for dimensions of the property, like side yards are too small, and that sort of thing. They are very different things. MELANIE SANFORD: But in any case, they both basically change the character of the property from what it was. COUNCILMAN TOWNSEND: -I wouldnlt put a Special Exception in that class, no, but a Special Exception is designed to be in that use. You want a little more care when you do it. We have eliminated the number, of Special Exceptions as part of this. MELANIE SANFORD: is there every a case where you would revoke, because someone hasn't them. and can that be done? Has it ever been done? COUNCILMAN TOWNSEND: I don't think it has ever been done. MELANIE SANFORD: No? Thank you. COUNCILMAN TOWNSEND: What you were talking about before I don't think was a Special Exception. I think it was a variance. SUPERVISOR COCHRAN': Is there anyone else that would like to address the Town Board? PAUL SPARA: P.aul Spara. I have a question on the law here. You mentioned the pubhc can't talk about the upcoming public hearing. Where is the law that says we can't make any comments on that? Throughout history, throughout the papers, I see all this happening all the time. This is not litigation, okay? SUPERVISOR COCHRAN: We are not supposed to be prejudge. In a public hearing both sides present. PAUL SPARA: But the public should be able to present their ideas of what is going on. SUPERVISOR COCHRAN: That's why there is a public hearing. PAUL SPARA: Because all of a sudden a public hearing is coming up on this ~ variance. SUPERVISOR COCHRAN: See the thing is, the other side isn't here. In a hearing you get both pro and con. .-~ COUNCILMA~N MOORE: The public hearing is the designated time at which to make comments pro and con. It doesn't matter the other side is or isn't presented. There are instances when .an applicant chooses not attend, a ZBA hearing for example. But it is the place at which in one file, in one place, all of the comment, criticism, pro and con, is placed.. Legally it creates the record that relates to that application. Anybody here could put in writing any of your comments, all the letters submitted, and ask that they submitted in written form, or come and give verbal form, but it's the comment which is created and given to the Clerk, or given Board, at the time of the 'hearing, which creates the legal record upon which the Board then.makes i it's decisions, and from which people can choose to appeal, or challenge in litigation. That's what it is. The comments made here, Paul, don't get put into that record. PAUL SPARA: This is the question I had. The question is when Supervisor Cochran says, .w~ can't~ talk about that, that raised question in my 'mind. If it's legal point, why can't we talk about it? That's the question I have. I understand that the people here should understand that when they talk about it here, then it's not going to count. They better make sure that-they are at the hearing to make those points again. But, the point is, when I heard you say, we can't talk about it, which is denying my ~r~ght of freedom to express something. SUPERVISOR COCHRAN: ! didn't mean you couldn't talk about it. Maybe that was a poor ~cholce of words, but the hearing is a place for the discussion pro and con. .PAUL SPARA: It's the legal place to have it, where it has to be taken into consideration. Denying my right to be able to talk about anything, because of something that doesn't apply, that I understand to be a sunshine law, or something like that where you are into litigation, that you can't .make comments. That's fine. To say that we can't talk about what is going on raises some serious questions with 'me. SUPERVISOR COCHRAN: I could be wrong. I mean these things do happen, but this is the way I have always understood it. Now, I could stand corrected. I have no difficulty with that, but I still would llke to encourage people to come to the hearing, where it becomes a part of that record of that particular zone change. PAUL SPARA: I understand, I am just making the point, I can't talk about it, we can't talk about it, because there is a hearing involved. It set off some bells. AUGUST 5, 1997 'COUNCILMAN TOWNSEND: Making the assumption that people are coming here to make us understand their position. You are right. I don't think anybody can talk about anything, although we llke to address current issues of concern to the Town, and if they are here to talk to the camera then that is fine, but we can not consider what they say, when we are trying to grant .a zone change, or not. It has to come from within the record, the ~legal record, and that can be frustrating to people, because if you want a response .you are not going to get it, because we can't. PAUL SPARA: I understand, but there are certain points that we need to find out. Okay, these people who are out in the community, who don't have legal backing, who don't have those resources, where are we going to go to ask the questions? How are we going to know in which direction we are going to go, Where we need to go with something like this, if we can't come to' the Board, and ask th6se questions, if we are denied the ability to ~to that speech, or even go into that avenue? When we come to )s behind. A lot of these people~ have, you awyers working for them. These people:-.dor~'t. Okay? SUPERVISOR COCHRAN: They are doing their homework. We know that, Paul. PAUL SPARA: Okay, so we can talk about it. You just can't comment. SUPERVISOR COCHRAN: We are not going to answer. We are not going to sit in judgement; because we have a hearing to do that. We have to make the decision on the zone change, okay? PAUL SPARA: In other words, people would have to specify legal things. They are going to have ask now, what this is? COUNCILMAN TOWNSEND: They can ask about a hearing, what goes on in a hearing. PAUL SPARA: You can asl~ about those things, even though it has to do with the hearing. We are not asking to make a decision, just provide some answers on the law. I have been doing this for six, seven years now. It seems that a lot of times we come into the hearing, a lot of times we are denied to ask those questionS, and the information can not be provided to us at that time, because it iS already in process so to speak. We have to be able to ask those question prior So. I mean I heard some of them brought up, you know, like what's the law. I mean you cut down Town trees. To me that is pretty black and white. You come to my house, and cut down my tree, I would tell you where it would go. To me it's a simple matter. YOU cut down my tree. Now, you are either going to pay me for my tree, or you are going to plant another, and I would prefer you plant another one of equal size. SUPERVISOR COCHRAN: It's been suggested. Is there anyone el.se who would, llke to address the Board? JAY CARCANI: . Jay Cargani, Southold. Maybe I am a self-declared ally of the preceding speaker. My remarks are directed directly to Mr. Moore. I want to know what body of law, what section, what article, what paragraph, he finds the constraints that you just mentioned to the preceding speaker. I, too, feel confined in my expressions, and I think that kind of an atmosphere needs to be clear. (Tape change.) You know as well as I do, due process is a very flexible statement, and also, anything that is being said here is being documented. It is not request testimony by any imagination or description. It is available to both sides of the issue. How do you respond to that? TOWN ATTORNEY DOWD: I agree. JAY C;ARGANI: Due process? Due process is a two way street. SUPERVISOR COCHRANi Thank you. Anyone else like to address the Board? t70 ^UGUST s, JULIE SANFORD: My name is Julie Sanford, and I just wanted to know why the date for the hearing hasn't been set yet? SUPERVISOR COGHRAN: We felt that since there was a change in the, if you recall at the last Board meeting we did explain this, that since there was a change in the land down there, the environmental Review had come through with no opposition from the community. Well, that is no longer true, and it talked about buffers, and so forth, which is no longer true. Those buffers have been removed. We sent this information in addition to other information that has been supplied us, so that we have Voorhis, the environmental firm, and they are readdressing the environmental aspect of the zone change. JULIE SANFORD: Can I ask you when the evaluation will be? TOWN CLERK TERRY: I will be glad to answer your question to a point. In the first place we did a resolution engaging the services of Nelson, Pope and Voorhis. Part of that resolution was that there was a $500.00 fee, which must be paid' by the applicant. I received that lcheck yesterday. They have to pay in advance, and yesterday afternoon in the ~il, everything was mailed.to Charles Voorhls. So, that hasn't even reached him yet probably. JULIE SANFORD: Will we be notified? SUPERVISOR COCHRAN: When the hearing is set? JULIE SANFORD: No, when the evaluation is. Can we be notified before hand? SUPERVISOR COCHRAN: When it is returned to us from the firm, then it is public information. TOWN CLERK TERRY: Do you mind if I just say one more thing? As far as setting the hearing, we haven't received a recommendation from the Planning Board yet. That; is another part of the process. Then we have to get a recommendation from-Suffolk County Department of Planning. That's another part of the process, before we come to the point of a public hearing. JULIE SANFORD: I'm sorry, the other hearing on Town zoning, is that a separate hearing? Is there a date set for that. and same procedure, and we will be notified ten days in advance? COUNCILMAN MOORE: Not on the second one, no. You got these particular notices, because of your proximity to the property. These are generic Code changes throughout the entire hamlet area. Legal Notices are put in the paper. I'msure you will get notified. JULIE SANFORD: ,How far in advance to the hearing? COUNCILMAN MOORE: The Legal Notice is at least five days in advance. JULIE SANFORD: At least five days, okay, a shorter time span than I thought. I thought it was at least ten. COUNCILMAN MOORE: That is the Legal Notice you get in the paper. COUNCILWOMAN OLIVA: Supervisor's Office. Check with the Town Clerk's. Office, or the TOWN CLERK TERRY: Change of zone is at least ten days, and they are always set in the evening. Local Lawsr which is the generic zoning you are talking about is five days. JULIE SANFORD: Okay. I, also, have another question for you. I have heard that on Route 48 you would llke to stop any kind of development going on, and wonder can you tell me, is Route 25 going to be bearing the burden of expansion, 'because Route 48 is no longer going to be an option for any kind of expansions of business? AUGUST 5, 1997 SUPERVISOR COCHRAN: Joe, would you like to answer that as Chairman of Planning and Zoning? COUNCILMAN TOWNSEND: I do feel that limiting commercial development on Route t~8 would be a goal, although we haven't done that. I mean, we may well do that. It might be something we should consider, but that is not before this Board, and it's not a subject of our discussion. What we have done is limit some of the more intense uses in some of those zones, in some zones. JULIE SANFORD: Uses, such as? COUNCILMAN TOWNSEND: Restaurants, retail trade. JULIE SANFORD: Dealerships? COUNCILMAN TOWNSEND: I don't think dealerships are allowed in those zones raow, that I am talking about. They are light business zones is what you are talking about. JULIE SAN'FORD: They are not allowed on the North Road anymore? COUNCILMAN TOWNSEND: In those zones. There are some zones on the North ROad where they are allowed. There is one actually. Let me just finish what I was going to say. The LB zones also exist on the Main Road, and they will Similarly be effected, on Route 25 they will also have less uses. Th.e goal h~re is to sort of try to keep commercial activity contained. It's not jus~ the North Road, Main Road. We don't want commercial uses to expand along the Main Road either. We want to contain them within their appropriate uses.. We are not taking it from one place, and putting it in another :Place, If that is what your question is. There is no plan to do that. JULIE SANFORD: I also want to say, it seems that hamlet business is not very well defined, and there are more restrictions on Light Business, how can that be, and you want to make Hamlet Business even more vague, and more kinds of general busihess things? COUNCILMAN TOWNSEND: I think you are misunderstanding. We are not trying to make it more vague. It might be a maudable goal for government. We are trying to make it more specific actually, make it more conform with what actually is there. I know what you are getting at'. JULIE SANFORD: Hamlet Business is going to be encompassing a lot of things that it never used to encompass. COUNCILMAN TOWNSEND: It is going to allow things of similar intensity. JULIE SANFORD: I am just worried because our downtown area, I have seen changes in the past already, and I can't say that they necessarily look better, as for example putting our post office on a back street. It hurt downtown shops. There are no pedestrian that walk down the main street. They don't get their mail, and walk down to see what is down there. The library, you can't even see the library, because Feather Hill is jutting out right in front of it, as you come east. COUNCILMAN TOWNSEND: I think the general concern about our hamlet areas, .is that as opposed to becoming over intense and overburdened as if they tend to dry up with competition with strip malls on the other roads. We don't want that to happen here, because we don't want to see a lot of ~trip malls on other roads, or spread out. JULIE SANFORD: We don't want to see it on Route 25 either. COUNCILMAN TOWNSEND: I agree with you. We don't want to see it on Route 25. JULIE SANFORD: Because what might be thought is best for the town, you are no longer going to .have a town. You are going to have huge parking lots,-and I feel;.Iooking at Feather Hill, and how, that I think was poorly planned, because, as it is, there are all kinds of vacancies in it presently, and I think it has ruined the look of what was there, and the Southold Library used to be a beautiful library, and you can't even go through the front entrance. You Can't even go into the front door. You have to go in the .back.door. The post office, to mail a letter, I'm afraid to go there at night to mail a letter. I don't like going on the back roads at night. The other thing is, our railroad stop IoOl~s terrible. I don't know what it is. I look at it, and it's shocking, it is just ugly, and I know that was torn down and 'what was put up wasn't e~/en as' strong as what was' there before, because it blew down in one of the storms. Now, it is just concrete. I don~t know what it is, and the view from there as you step up.on this, I. guess it's a platform, a concrete thing, your view is of t.hese big huge od tanaka;! I mean 'if Someone Stepped off, and lite a c.garette they would probably blow up. COUNCILMAN TOWNSEND: Let me just say this. I think we are on the same page in terms of appearance and the purpose of the hamlet zones. JULIE SANFORD: These are views that people have coming into our town. COUNCILMAN TOWNSEND: I think that is partially because of economic factors, partially because of poor planning perhaps, but the goal of this change is to make the hamlets nicer places, and to eliminate the~ need for strip malls, and so forth. One of the things in our budget we have been asked to do i_s to present Capital Projects. One of the things I presented for Capital Projects is a amount of money to create pocket parks within the hamlets, you know little green areas, areas to maybe create some parking [hat is conveniently located so people don't have to roam the streets in their cars, but can get out and walk. Those are things that I think are important. JULIE SANFORD: ! kind. of feel Jike Feather Hill could have been village parking, that instead of c~nstruct|ng Feather Hill that would have been a nice .v. illage pa.rking area, and it would have left everything else in place. It's hke a domino effect. It's like, okay, where are we' going to do parking now, and there is some old beautiful houses. I would hate to see them torn down for parking; COUNCILMAN TOWNSEND: What we tried to do as far as housing... JULIE SANFORD: Hartchamp's house, I mean, there is a nice park there now, but the house was even more beautiful than the park. COUNCILMAN TOWNSEND: Let me say this. I think 'that one of things we are trying to do is to allow somebody that has a large Victorian house in a Hamlet Business area continue to find the use for that, that doesn't mean it has to be destroyed, maybe make it into a two family house or something to continue to create a use that is Consistently what it was designed for. The zoning theoretically was to help the neighborhood, and that is why you are all here. Well, when that has to be changed to help the community, you know, we should do it. That is what we are doing here. JULIE SANFORD: Is it for the town's betterment? I just feel that to preserve as much as we possibly can now, and not have any further losses in our downtown area. ~COUNCILMAN TOWNSEND: We have to plan that. A lot of our losses are coming through economic reasons. SUPERVISOR COCHRAN: I would just llke to share a little bit with you as far as the railroad station is concerned. I go past it every day, and I feel like I am looking at a bunker. The Transportation Committee has been working with the railroad, and when they first came out they presented to us a plan, and .they said, here it is. This is what we're doing, and I said, when do we get input.' I mean this is going to sit in our community the same as Mattituck~s. They said, this is what we have for you, and looked like someone else~s plan they made changes on, and I said, I'm sorry AUGUST 5, 1997 t7-3 I won't meet with you, and I left the meeting. Received several letters from the railroad, and I still refuse to meet with them until we have the opportunity to input. Okay. We have seen the drawings of what they are going to do for us now, as far as the station is concerned, and it's got to be raised because of the type trains that are going to be running this route. JULIE SANFORD: Are there going to be increased trains? SUPERVISOR COCHRAN: They are hoping to improve the service. We are also looking at possible light rail, which would be a shuttle between Riverhead and the Southold community, and Creenport, and Cutchogue, and so forth. JULIE SANFORD: For Tanger purposes? SUPERVISOR COCHRAN: No, just for transportation to alleviate from..why don~t you listen for a minute? From the Main Road, okay? There will be landscaping. There will be a telephone. There will be benches, it will have a park setting, when it gets finished over here. They will be bringing 'the sidewalk and curbing down, so that you no longer cut the corner llke everybody does. It will make a normal turn into Travelers Street.' But, if you could see the renderings it's hopefully going to look a beck of a lot better than it now does. JULIE SANFORD: Is it going to be modern? I mean, it looks modern now. It doesn't look very retrospective. SUPERVISOR COCHRAN: I think we got the best we could. It's going to be lovely. JULIE SANFORD: This town, I can't remember the name of the town, they were trying to preserve their old railroad station. It's a shame that ours isn't there anymore. Perhaps we could recreate something more in keeping with the look of the town. SUPERVISOR COCHRAN: 'l"think ~vhen 'it's finished it will fit more into the town than it certainly does now. Just b'e a little patient. It doesn't fit at all right now. Anyone else like to address the Town-Board? Mr. Wickham? TOM WICKHAM: Tom Wickham, Cutchogue. Last 'week together 'with some: other people I attended a .meeting of the Planning and Zoning Committee, and we heard a rather interesting discussion about the proposals to-review and adjust the uses of some commercial zones. The previous speakers spoke to that. I understood it was not just Route qB, but it involves several commercial properties in the town. My question is, how long has the Town Board beeh working on thls, and what support does the Supervisor extend to this initiative? SUPERVISOR COCHRAN: I've been here for a year and a half, and it's been worked on for that year and a half, and I believe it has been worked on before then, and the majority of the work is done by Valerie Scopaz, who is our Town Planner, an(~ then it evidently comes to the committee for review. What is my position? TOM WICKHAM: Yeah. SUPERVISOR COCHRAN: I am supportive of the LIO zone. I have difficulty with..! think part of what makes Southold unique is the business area is quaint, it's spread out. We don't have clutter in the hamlets; and I realize that there are some that feel that any development of sorts should come into the hamlet area. This is a planning tool. This is a theory. ! don~t agree with it a hundred percent. I~m looking at the business zones now. Although I did not attend the meeting. I had another meeting to attend, and I will make my decisions as I go along, Mr. Wickham. TO:~/ WICKHAM: When will that process go forward? It has been over two years. AUGUST 5, 1997 SUPERVISOR COCHRAN: I understand you have been working for three years on it. How long have you been working on it, Joe? It's your committee, and you had it for quite a few years. COUNCILMAN-TOWNSEND: I have been working on it for two and a half, and calling meetings quite frequently. SUPERVISOR COCHRAN: meetings. Just recently you have started calling frequent COUNCILMAN TOWNSEND: I can give you a list of every meeting I have called, and they have been every couple of weeks mostly. Actually it's been less lately. It's been less in the last year. TOM WICKHAM: Can anyone give us an assessment as to whether this process is moving forward, a time schedule? COUN~CILMAN TOWNSEND: What we have done so far, we have reviewed the uses in the residentlal zones, and those have been changed.~._We reviewed the industrial in industrial office zones, and those have been changed. We are at a point now, where I think we are down to the wire on this one. We just have to basically put into language, that's fits in with the Code. Valerie has wanted to, instead of. being so specific with the uses, be a little more general, and one of the problems we were having is that Valerle=s time is so booked between various things that it is frequently difficult to get her to complete the work, because she is so busy, and also, to get enough people together to effectively review it. What happens is we will get a change in cast of characters, three people some times, four some other times. That may be my failing for not being able to get the people to the meetings, but that is created like a re-review. Every time we review, something else comes up. TOM WICKHAM: That's right, and any process that takes two or three years is bound to run into this, because people don't stay around for two or three years. Thank you. SUPERVISOR COCHRAN: 'Anyone else like to address the Town Board? JAY GARGANI: Now, that I have calmed my self. You cited a little while ago the example of the two family house, or the large house, and Woman having difficulty maintaining it, perhaps we can help her. It's a very noble gesture, although I have doubts about the- pragmatics of it, but somewhere in the murkiness of voluminous material that yo.u handed out at the meeting there was statementr I can't lay my hands on the exact sentence now, whereby it said that by creating high density multiple housing in the hamlet areas this will tend to balance the commercial stores that will be created and 'help them to survive. It almost sounds llke we are using people as a catalytic agent to help a man succeed in business, and it seems to me that it is the individual storekeepers responsibility to either succeed or fail, and certainly just bringing in hoards of people thinking that, that is going to suffice, I don't really think that is the practical answer to this situation. COUNCILMAN TOWNSEI~D: Let me tell you what the goal is. The goal is to create a more vibrant community, one that doesn't close up at five o'clock, necessarily, but there is some activity. You can get away with it, if the commercial activity is not intense, if there isn't a lot of noise, if it is what you would consider a small hamlet type business, where you have walk-in retail trade, soda fountains, and that sort of thing. The .multi-family housing you are talking about, if you are envisioning of phalanxes of multi-family housing in the business areas I agree that is something we are not looking for necessarily. What we are considering, and in fact the Health Department controls that, you have to have water, and sewer in order to have a lot Of multi-family housing. What we are trying to do is to address a problem where you did have a lot of residential properties, and some of these were large. We loosened up, for instance, the bed and breakfast requirements in the hamlet' centers just so..it's a commercial, but it is also, you know, residential use. Recently in zoning the trend has been for exclusively commercial, and exclusively residential to a mixture in certain areas, especially in rural areas. That's the way it has always been, and in fact, that's the way it is now. It's just not legal in some instances, so we're trying to modify the law to cFeate..it may create some hOusing, it may create some rental housing, which wouldn't be bad, because we don't have much rental housing, and may keep some people from building rental housing where it's not appropriate outside of town,, if that happens, that's great. We don't need to spread out the housing. What we want to do is to accommodate some growth, but not change the character. That's what the intent is, and I think it's great. ma establi he's nor JAY GARGANI: I realize how difficult it is, and in so far as it may be possible what kind-of a determinates would you actually use to encourage and sustain it? At one point a businessman ~:omes to you and says, leek ~1 don~t have enoUgh :sales, what are you going to do about it? Are you babiesf or what? It really becomes a serio.us slnessman intend'., a c0mmerCia] h' before h~ to know What . and if that's not 's 'responSibility, ~ty of the peopl~ who are paying taxes year after year. END: But if the town is attractive enough,-and it by beihg a pleasa~ place to to,. ; shop, . dome to a sma, Il downtown go to a ~. J ~11oTM that person that to ~ke a livlr lot of people that I meal a lot of stores in not up Cu t's in th~ bu slne.~ this am I~appy to do. ~ to have to t~ry to make it I~ooking llike'a bunker, ~te , restore Ihat centers the I.don~t' want to- take.' your time on this, maYbe?=~ecause Po~ what can happen. Thank you. SiUP!E.RVISOR COCHRAN: the Board? one Is there anyone else who :would like to address MELANIE SANFORD: I am encouraged to hear that you want to find uses for old buildings, because I think we have some really pretty ones still left in the town, and I know that the drapery sho.p r~ight next to the ICA parking lot just went out of business. The woman just sold the last Of her wares, and that's going to be up for sale soon, and I don't know who has approached Mr. Edson to buy it, but I have heardl that IGA did have their eye on it, and I was hoping that was not going to be another one of the build, ings in the town that is razed to make way f~r a parking lot, so I was h0pm~ that the Board would consider the chara~cter and look of the town, and really, you know, look to put a new business in an Old building. SUPERVISOR COCHRAN: Board'? Jean? Thank you. Anyone else like to address the JEAN SANFORD: I~m Jean Sanford, and with all this discussion, and talk about the town, it just makes me think about after World War II. I don't know what town it was in Poland, that they rebuilt the whole town from a postcard. Does anyone know the name of it? I asked John Witmeyer down at the Snack Bar, and he said to ask Helen. She probably even had the postcard, but anyway it is just too bad that we couldn't build. I just wish that we could rebuild houses like the Hartchamp~s place, and the old Prince house, and it may look like a real community. All those are lost, the Crlgonls place, and most of them have banks on them, when you think about it, the Prince place. SUPERVISOR COCHRAN: That's very true. I can't remember going to Grigonis' to get milk when I was first married. They still kept cows. You can see how many houses have been moved. That one on Hobart, that was moved. I guess they can't built those houses back, but they' did it in Europe, because they felt that was psychologic.-If you want to destroy a people or a culture you take down their architecture, and they felt that it was that important. I think it's important here. SUPERVISOR COCHRAN: Thank you, Jean. Yes, mafam? ELIZABETH JONES: I'm Elizabeth Jones. I feel compelled to talk to you about the zoning. My husband and I purchased a home on ToWn Harbor Lane; We're spending our life savings restoring a lovely old Victorian:. 'We, also, own a hom~ on 'Youngs Avenue', so we are affected by both of these situations, the railrOad. ~we moved specifically from Youngs AvenUe, beca.use of the buSiness Zone, the laws that Were in existence~ the ottiei-Zoning laws. ~ We were well aware of it, the traffic and Whatnot. We, also, got wind of .the fact that ~Agway might ConSider expanding, and-the ~il~0.ad which was really td have to !look at two doors from us. But, I rrified by the situation With the trees coming down around from. us. I take a lot of that nelghbo~hood, love the neighbor to ride aro y'With my three and J and see land. I' feel such empathy )pie who know this could happen to u:s ght arm would kill us. We put o~Jr life savi an~d our hea ~ house, and then to have a parEi in our et. This is~ ht familiar with We ~ You lace By all means encourage people -,ss In there, is sped uP our street to care t IS might purchase. I tolerate thils' is SUPERVISOR COCHRAN: Have you noticed any increase in traffic on Town Harbor? ELIZABETH JONES: On Town Harbor? The traffic is bad. SUPERVISOR COCHRAN: There's been an increase? Because when you look at Founder? Landing, Hobart goes one way, and then you have Cottage Place, which is'clogged', then you have Locust, which is only 20 feet wide In pavement, .and' then Town Harbor, so most traffic would have to use Town Harbor. ELIZABETH JONES: The traffic has been, like i said..in summer it's very..and. Another issue the people really do speed up and down. I don't know if there's anything you can do about that. SUPERVISOR COCHRAN: Yes, we can notify the Police Department. ELIZABETH JONES: So, please, take the homeowners' feelings into consideration. SUPERVISOR COCHRAN: Anyone else like to address the Board? (No response;) If not, I will call for Board reports, and I'll 'start on my right with Justice Evans. Anything to report? JUSTICE EVANS: next week. No, I look forward to seeing you all on Fishers Island SUPERVISOR COCHRAN: We look forward to journeying over. Councilwoman Hussle? AUOUST 5, 1997 COUNCILWOMAN HUSSIE: I don't have any reports, but I would like to reply to .just one aspect of Ms. Sanford's comments about the post office, and the BOard's involvement in that. The post office, as you know, is a private organization. It contracts with other private people as to where they are going to put their post office. They don't come to the Board, and say, where would you like us to put the post office?' They just do it. I agree, if you are remembering the old post office when I first came here, cute as can be, but terribly small. I can see how they had to expand. That's all I had to. say. COUNCIl I think I am happy to announce, most to a~ our Code Committee has been worl two on the. Cellular Communication i wa to thank !everyone on the committee who has worked very hard on that. We have a meeting y to hash out the nges to the draft, and next. at Fishers Island we will a resolution, can't do that just yet. It's rt bUt Planning Board, and Plarining Commis :ss going, so that we wil ve the law i e~(piratlon of the m( So I .,re the Code Committee m community. Worked his summer. it,i and in fact said, how your su ng the cell tower lot Committee to work on once' are mol atmos SUPER~IrSOR.COCHRAN: Councilwoman Oliva? C WO I have attended a lot of Code : and w. hat we are trying to do ~ndustr~al areas, a little difficult to put in are not impacted by these but ' towers, because we really can't and.. Zoning Committee me.e. ting. ~s ih~ the various zones, wh.le not lot of business PrOl delighted to meet Jst to go over it and show ps you can go out and do a do it, because that's what Jsiness zoning is in the ked at. Otherwise have a nice in I to I nd COUNCILWOMAN HUSSIE. I have been at all these Code Committee Code Committee knows, I have Been cell towers in residential zones ~ all~ 'and, I'm contradict you. You said, that you can t do but ~ve choose not to, some people choose not to. There's a ~on there. SUPERVISOR COCHRAN: Councilman Townsend? COUNCILMAN TOWNSEND: I think I have talked enough, this meeting. I think I will just let it go at that. You basically have been aware that we -did have :the meeting where people came and listened to the code changes. I had a nice time at the North Fork Environmental Council picnic this weekend. I want to congratulate that group for their good work, and I had a good time. Went to one of the two Code Committee meetings. Unfortunately I had a conflict with the other, but, it is a complicated thing, and it's not something..Bill would probably be the one to comment on this, but these things are utilities, and as utilities they have special rights. It's tough. You have to craft your role very craftily, because it is very tough to exclude them, especially if they need to be in a certain geographic district. We just have to make it as attractive to them not to be there, as possible. I'm not sure that the law would allow us to totally exclude them. If Al|ce wants to present that I would certainly Ii'ce that. AUGUST 5, 1997 SUPERVISOR COCHRAN: I just have several things to report. You may or may not be aware that the 2% real estate tax has passed for Easthampton only. I was in touch with Albany back and forth over the weekend Saturday and Sunday. They met on Saturday, and the Assembly did pass the bill at that point~ and on Sunday they went back into session at 2:30. and the Senate passed the bills for Easthampton. I had been |n contact with Senator LaValle. I have been in contact with Supervisor Cathy Lester of Easthampton, and we looked at this, and it was Mr. LaVallels feeling that if he' found an opportunity to ~l|de us into the bills, he certainly WOuld, us, 'Southampton, Shelter Island. What was happening is if they began to put more townls into the bill the real e~tate lobby began to o.bject more stringently. Most of your upstate 'towns were against allowing us to have the right to put~ it on the ballot, and let people vote for it through a referendum. Some of Easthampton got theirs, past this year it the door for the other towns to be= able to next year. So, at this point it has been a Will be $250,000 as far as residents are' far as land. have ~o 'pay the 2%, and' the' it WP for a'.r. talking ~it~~ Some of the'Other feeii:that this is actually a good pilot, and be= i Also, in 3n to Arshamoma Deputy COmmissioner of requested if he could come down next week, and tour the not looking at it as..I don~t the Governor's llst. It that will hel very ,' that~'~ Lane. I de Parks lam on : "the fr~m it's i ~st [k different motion to adjourn? I I'~ tting line.Thank' yOU 'fo joiding Moved by CounCilwoman Hussie, seconded by CounCilWoman Oliva, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 5:55 P;M. Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Cbuncilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. Judith T. Terry Southold Town Clef-