HomeMy WebLinkAboutTB-08/19/1997SOUTHOLD TOWN BOARD
AUGUST 19, 1997
WORK SESSION
Present: Supervisor Jean W. Cochran, Councilwoman Alice J. Hussie, Councilman
Joseph L. T.ownsend, Jr., Councilwoman Ruth D. Oliva, Justice Louisa P. Evans,
Councilman William D. Moore, Town Clerk Judith T. Terry, Town Attorney Laury
L. Dowd.
9:05 a.m. - William Milusich, Chairperson of the Board of Ethics, met with the Town
Board to discuss the Applicant Transactional Disclosure Form developed by his
committee. The purpose of the form is to provide information which can alert the
Town of possible conflicts of interest and allow it to take whatever action is
necessary to avoid same. A resolUtion (14) was placed on the agenda to approve
the use of the form.
9:15 a.m. - The Town Board took up the following For Discussion items: After a
final review of the proposed "Local Law in Relation to Wireless Communication
Facilities", a resolution (16) was placed on the agenda to refer it to Town and
County PJan~ing Departments.----Cour~i:ilwoman .Oliva presented a request from
Melrose Marine Ser!vice, Inc. to dispose of liquid drainage from dredge materials at
the Scavenger Waste Plant. Al.though~Melrose state they will be passing the liquid
through very fine filters to removal almost all particulate matter, the Board
questions the need to test the liquid before permitting the disposal. Councilwoman
Oliva will obtain additional information and bring it back to the Board at the
September 2nd work session.----Councilwoman Oliva updated the Board with regard
to the Town of Southold Erosion Mitigation - Duck Pond Point to Horton Point.----
Request from Eagle's Neck Paddling Company for development of beach parking pass
for their type of business. Currently the only permit provided for in the Code is
Hotel-Motel. The Board agreed the request should be reviewed by the
Transportation Committee and Parks, Beaches & Recreation Committee, ----Senior
Accountant John Cushman. met with the Board to discuss a propsal from WorldCom
for telephone service, which he believes would realize a savings of at least 25% by
implementing the proposal. He is expecting a second proposal', and will report back
to the Board at the September 2nd work session.----Town Board set Wednesday,
August 27th to interview an applicant for the Affordable Housing Ad Hoc Committee.
They also extended to Friday, August 29th, the deadline for receiving resumes for
the Fort Corchaug Ad Hoc Fort Area Committee and Fort Corchaug Ad Hoc
Recreation Committee.
EXECUTIVE SESSION
10:05 a.m. On motion of Justice Evans, seconded by Councilwoman Oliva, it was
Resolved that the Town Board enter into Executive Session to discuss employment
history and CSEA negotiations, with Vito Competiello, the Town's labor management
consultant. Vote of the Board: Ayes: Supervisor Cochran, Councilwoman Hussie,
Councilman Townsend, Councilwoman Oliva, Justice Evans, Councilman Moore. Also
present: Town Clerk Terry, Town Attorney Dowd.
AUGUST 19, 1997 1 93
11:20 a.m. - ~rhe Town Board met with Charles Voorhis~ Environmental Consultant,
with regard to his environmental review on the "Local Law in Relation to Wireless
Communication Facilities". A resolution (!7) was placed on the agenda for the Town
to assume lead agency and circulate the Long ElS Part I & 2.----Mr. Voorhis then
discussed his supplemental review ~with regard to the Richard & William Mullen change
of zone petition. He said the Town has three options: SEQRA allows denial of the
application, outright ,and a negative declaration on the decision; or perhaps require
....... a Part 3 Environmental Assessment Form which could inclUde a site plan; or
requirement of a scoped~down Environmental Impact Statement. Mr. Voorhis will be
submitting his supplemental review in the near future.
11:45 a,m. The Board continued For DiscussiOn items: Councilwoman Hussie
reviewed the agenda for ,the August 20th meeting between the Town and NYS-
DEC,~--?Supe~ ated the Town Board on the two incidents of
hazardous spills at Landfill, and the $22,000 plus cost for Hazmat emergency
response and removal by Chemical PollUtion Control.----The Board ~Set 4:00 'p.~m.,
Wednesday,, ~August 27th to, interview applicants for Police Officer.
12:15 p..m, - The TOwn Board reviewed the resolutions to be 'voted on at the: 7:30
p.m. regular meeting.
12:25 p.m. - Recess for lunch.
2:10 p.m. - Work Session reconvened and Councilman Townsend, Chairman of the
Planning & Zoning Committee, reviewed the final recommendations for changes to the
"B" zones. During the review some important changes were made, and the Town
Attorney will now put all the changes in Local Law form.
EXECUTIVE SESSION
3:20 p.m. On motion of Councilwoman Hussie, seconded by Councilwoman Oliva,
it was Resolved that the Town Board enter into Executive Session to discuss
employment history and litigation. Vote of the board: Ayes: Supervisor Cochran,
Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans,
Councilman Moore. Also pres~en.t: Tow[~ Clerk Terry, Town Attorney Dowd.
5:10 p.m. - 'Work Session adiourned.
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on August
19, 1997, at the Southold Town Hail, Main Road, Southold, New York,
Supervisor Cochran opened the meeting at 7:30 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 William D. Moore
Town Clerk Judith T. Terry
Town Attorney Laury L, Dowd
May I have a motion to approve the audit of bills
SUPERVISOR COCHRAN
for August 19. 19977
Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the following bills be and hereby are ordered paid:
General Fund Whole town bills in the amount of $316,123.45: General Fund
Part Town bills in the amOunt of 98,277.19; Community Development Fund
bills in the amount of $~0,000.00; Highway Fund Whole Town bills in the
amount of $7,791.81; Highway Fund Part Town bills in the amount of
$21,u,86.89; CHIPS (Highway Part Town) bills in the amount of 924,173.98;
Capital Projects Account bills in the. amount of $138,815.72; Ag Land
DevelOpment Rights ~bllls in the amount of 92,000.00; Computer System
Upgrade bills in the amount of $1,325:95; Employee Health ,Benefit Plan bills
in the amount of $33,9~40.95; E-W Fire Protection District bills in the
amount of. $73,079~00; Fishers Island Ferry D. istrict bills in the amount of
957,709,67;~ Refuse F, Garbage District bills In the~amount o.f. ~912,713.11;
Southold Wastewater District bills in the amount of 9959.32; F~shers Island
Sewer District bills in the amount of ~ $555. 51; Fishers Island Ferry District
Agency ~; Trust bills in the amount of 9398,60
Vote of the ToWn Board: Ayesi Codncilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: May I have a motion to approve the minutes of
August 5, 1997 Town Board meeting?
Moved by CouncilWoman Oliva, seconded by Councilman Moore, it was
RESOLVED that the minutes of the August 5, 1997, Town Board meet!rig
be and hereby are approved.
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 to approve the minutes of
August 14, 1997, the Town Board meeting held at Fishers Island.
Moved by Councilwoman Hu~s~e, seconded by Justice Evans, it was
RESOLVED that the minutes of the August 14, 1997, Town
meeting be and hereby are approved.
Vote of the Town Board: Ayes: Councilman
Councilwoman Oliva, Councilman Townsend,
Supervisor Cochran.
This resolution was duly ADOPTED.
Board
Moore, Justice Evans,
Councilwoman Hussie.
SUPERVISOR COCHRAN: May I have a motion to set th& next Town Board
date for Tuesday, September 2, 1997, at 4:30 P.M.
Moved by Councilwoman Oiiva, Seconded by Councilwoman Hussie, it was
RESOLVED that the next regular meeting of the Southold Town Board,
will be held at u,:30 P'.M., Tuesday, September 2, 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.
AUGUST 19, 1997 195
I. REPOR'~'S.
SUPERVISOR COCHRAN: As you know the Town Board receives from the
different departments, and the different Boards monthly reports, and those
monthly reports are placed on file with our Town Clerk. They are public
information. If you have interest in any of them you may come during
regular working hours, and obtain the information that you might like about
any of the operations within Town Hall.
1. Southold Town Clerk's Monthly Report for July, 1997.
2. Southold Town Scavenger Waste Treatment Facility Monthly Report for
July, 1997.
3. Southold .T.own Justice Evans Monthly Court Report for July, 1997.
tr. · HHS Administrators Town Claim Lag Study Analys~s for July, 1997.
5. HHS Administrators PBA Claim Lag Study Analysis for July, 1997.
6. $°uthOld Town Program RepOrt for the Dis.abled July, 1997 Events.
7. $outhold Town Program Report for the Disabled August to November,
1997.
8, 'South01d Town Tr.u. stees Monthly Report for July, 1997.
9. ~ ~qutho!d Town Pohce Department Monthly Report [o~ July, 1997.
10. "Southold Town Justice Bruer Monthly Report for July, 1997.
II. PUBLIC .NOTICES
s~gna
to
warr
usuall
:HRAN: We have several public notices. I would like to
one of the communications we received, We had a
t the area of Middle Road and Depot Lane for a traffic
Town Board does not make this decision. It is sent
of Public Works and they do a traffic study to see if it
~e in the traffic pattern. So, just to let those people
,~|ve a letter that they acknowledged our request, and
ry busy it will take awhile before the study is done. It
uite a while.
and
cluster~
be
pie[r
recJei
of Army Eng.ineers, New York District application of the U.S.
· iculture t~o replace bulkhead and replace steel sheeting
install a freight ramp and llft mechanism, mooring
and dolphins to provide safe access to Plum Island
equipment at Plum Island Harbor~ SouthOld. Comments to
2, 1997.
ineers, New York District application of Dr. Gino
from the seaward end of an existing fixed
and float secured to two dolphins. Comments to be
1997.
Ill,
IONS"
1997
2.
De
iV
V'tale, of AACA Peconic Bay Region in regard to the
Department of Agriculture and Markets thanking
invitation to Fishers Island.
Bartha. 'Acting Commissioner of the Suffolk County
acknowledging the request for a traffic signal
Middle Road and Depot Lane, Cutchogue,
Pi;'M. on a proposed "Local Law in Relation to Parking on Rocky
AUGUST 997
V. RESOLUTIONS
SUPERVISOR COCHRAN: As you know the Town Board has a policy in
relation to the resolutions. If you would like to address the Town Board,
or have any input in relation to any of the resolutions on the agenda, this
is your opportunity before we act on them. If you have something in
relation to Town business that is not a part of the agenda, but would like
to share it with the Town Board there is time for that at the end of our
business. So, is there anyone that would like to address the Board in
relation to any of the Town Board resolutions?
FREDDIE WAXBERGER: Freddie Waxberger, Orient. I would like to
address the resolution ~n relation to the telecommunications 'tower
legislation. First of all, I would like to thank the members of the Code
Committee, and Chairman Moore for being as patient and 'Welcoming as they
were for us to sit in and make comments, and I know sOmetimes drive you
to exasperation, and I'll probably do that again right now to some extent. I
would like to address the degree in which the legislation as presen ly
written to some eXtent assumes t~hat towers will be in residential a~eas, and
~f I read the legislation correctly the dlff~cultms that are piaces befor
the telecommumcatlons servers are not so great as to hamper them r~ally.
any way from eventually being in reslden, tial areas, but the !.eglslatlon
would accomplish, if I read it correctly, Is to limit them to withi~ one
hundred feet of the nearest property line, and to make sure that
is screened in some way. I~ know that the Code Committe~
been,
ion.
S have
the
Many Other communities,
written laws that are more 'stringent than the .one
Town ~Board, and I. do :feel that~ ~lthough' .ther, e
screening, and requirement of a Certain setback, that this
be enough to satisfy the needs of many people, Who in
properties, in some '.cases i~nYes_ted a:, great deal
properties with the 'understanding that they were in reside ~s, and
will not be really enough to protec, t them from suffering of
property value by having a yen if
it's screened. As you know.I to
consider including Type I SE( ;hing
that I think should 'reasonably!be to
other kinds of initi~
that are aut~omaticall n; I; and
environmental assessment uirement i~ini=luded
in the legislation, and I realize the'concern of the co~
Board that they do Cnot want to make the legislation ;rand
correctly, they do not want to make the legislation so the
applicant will sue, and run' the ,risk of. overturmng
limitations that are placed, and the restrictions that
law. My understanding is tha~t there i~'. severabili'
and that they are overturning
the other elements in the law; law
that is written to avoi~ being large
industrial intruders, -~Uch a~ their
disposal, will automatically sue if there is an, in
their way, that a law that is written to avoid g the
law is being written essentially to let them get in wher
only these few limitations with screening iar~d setback. ~ is
.not the kind of legislation that protects~ the residents of the and I
would like to address it in a larger sense. I have been, as kind
of involved one way or another with various problems in for about
fifteen years now. One of the problems that we identify very early in the
way the Town addressed many of these problems, that were [n~tlatl es
brought by very powerful rich outside development interest. Number one,
we don~t want to be sued~ and number two, kind of willingness~ on the
Town part to tell itself, well, there's nothing we can do, so we can't do
anything. This ultimately over the years has not served the interest of the
residents of the town, this attitude, and I feel that the pressures are
going to be greater, the amount of financial pressure put on the town is
going to be ever greater, and it really ~is an opportunity for you, as the
AUGUS'r 7997 1 9:7
present sitting members of the Town Board, to change this pattern that
really has'been a very pattern in the town in the past. The present Board
could, in fact, change this pattern, and take a much more aggressive
stance in defending it's residents. There are at the moment threats.to our
residential areas from all directions, but the residential areas are really
the heart of Southold Town, and the residents, the taxpayers, are the
backbone of the town, and the residents really do need to be protected by
the Town Board.. My concern is that the legislation as it is presently
offered, not Only doesn't protect the residents , but will, in fact, if it~s
passed In It's present form, make it more difficult ultimately for residents
who are adjoining areas where towers to be built will make it more dif,~fiLu..it
for those .residents to bring litigation themselves, because the ~Tow-- ...as
adopted an essentially permissive stance. So, I would urge, once a.g, ain, of
the Town mind open, and do some more exploration and
research possibility of including at least a Type I SEQRA
designation, would not exclUde anybody from :enteri
areas, but would make it possible for the town to have~a full ntal
Review and consideration with the impact of the
resident!al:~.area, ~ visual impact, impact on
on the health andl Safety, and well-being of it's
· e
SUPERVISOR.": Thank you. Is there anyone else hk
to address~ ': on this resolution, or any of the (No
responses) shall proceed with the resolutions.
1. - Moved
RESOLV
Southold ~T
agreement
1 .- Vote
Cour
Supervls0r'
This res~0h
Evans, seconded by Councilwoman Hussie, it was
the Town Board of the Town of Southold hereby
ects Supervisor Jean W. Cochran to execut~ a.n:Agreement
of Southold and the North Fork Housing iAIhanCe for the
~affolk County HOME Investment Partnership Program; said
to the approval of the Town Attorney.
Board: Ayes: Councilman Moore, !Justice E~ans,
Councilman Townsend, Councilwoman Hussie,
in.
~s duly ADOPTED.
2.- Mow
the
the Sou
To:
Revenue~ .:.l ~
A. 2705
H~Js's|e, seconded by Justice Evans, it was
Town Board of. the Town of Southold .hereby modifies
I Whole town 1997 budget to appropriate a donation from
Free School District for the DARE Program:
"Gifts S Donations
DARE Donations
$ 1,700.00
Appropriations
A.3157.~.1600; 150
Juvenile Aide Bureau, Contractual Expense
~DARE, Student Supplies $ 1,700.00
2.-Vote of the Town Board: Ayes: Councilman Moore, Justice
Councilwoman Oliva, Councilman Townsend. Councilwoman
SupervisoE Cochran.
This. resolutJon was duly ADOPTED.
Evans,
Hussie,
3.-Moved by Counc~iiwoman Oliva, seconded by Councilman Moore, it was
RESOLVED ~hatI' the Town Board of the Town of Southold hereby grants
permission to Building Inspector Michael Verity to attend a mandatory New
'York State Code Enforcement training seminar at Hempstead, New York,
on August 26, 27, 28, 1997, and the use of a Town vehicle for travel, and
necessary expenses for meals shall be a legal expense to the Building
- Department's 1997 budget.
3.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman. Oliva, Councilman Townsend, Councilwoman Hussle,
Supervisor Cochran.
This resolution was duly ADOPTED.
q.-Moved by Councilman Moore, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes iapd directs Supervisor Jean W. Cochran to execute agreements
between the Town of 5outhold and the follo, wlng individuals/businesses for
the 1992 Fall Reereatlon Programs, all in accordance with the approval of
the Town Attorney:
AUGUST 19, 1997
Thomas A~drejack (faux finishes) ................................................
Lisa Baglivi (drawing) ................................................................
Carol Benson (Country Western Line Dancing) ...........................
Harry Beresford (men's basketball) ..............................................
Thomas Boucher (guitar) ..............................................................
Eileen Casella (acrylic/oil painting) ..............................................
Eugenia Cherouski [folk dancing) .................................................
Shirley Darling (Tennis) .................................................................
Lauren Egan (Adult CPR). ............................................................
(Pediatric CPR) .........................................................
(Re-Certification) .......................................................
East End Insurance Services (Defensive Driving) ..........................
Joseph Finora (Income taxes) ........................................................
Bob Fisher (computerS).: ...............................................................
Tom Fox (Carto°n'Drawing) ...................................................... : ....
Dan Gebbia (dOg obedience) ..................................................... ....
Carol Giordanor (Baton) ...................................................................
Dalia Gorman (~oga) ....................................................................
$201hour
$25/hour
$30/hour
$15/class
$201hour
$18/hour
$20/class
$20/class
$50/person
$35/person
$251person
$35/uerson
$18/hou r
$25/hour
$241class
$45/dog
$20lclass
$25/hour
David Haurus (Golf) ........................................................................ -. $37.501person
Hidden Lake Farms (Horseback Riding) ......................................... $165/person
(Horsemastership) .......................................... $140tPerson
Eleonora Kopek (arts & crafts) ........................................................ $24/elass
Mary Mulcahy (Horseback) .............................................................. $165!person
Mattituck Lanes (Bowling) ...........................................................
Jim MikelbanK (youth basketball) ...............................................
Basil Northam (adventures on N.F.) ...........................................
Martha Prince (step aerobics) ....................................................
Riverside Gymnastics (Gymnastics) ...........................................
Jeanne Ruland (.Body Sculpting/Aerobics) ..................................
Steve Smith (weight lifting) ..........................................................
Southold Town Landmark Preservation Commission (historic)...
Sandy Standish (Ads & Crafts) ....................................................
Joann Terkowski (Folk Dancing) ..................................................
Chris Vedder (Golf) ................................................................... :..
Dorothy Wolf (brid, ge) ..................................................................
Ken Wydro (dream interpretation/Feng Shui) .............................
$32Jperson
$20~hour
$20/h0ur
$2¢)thour
$5~person
$25thour
$201hour
$351person
$~]lhour
Szd~hour
$37,50/person
$251hour
$20/hour
4.-Vote of the Town Board: Ayes:
Councilwoman ' Oliva, Councilman
Supervisor Cochran.
This resolutlbn was duly ADOPTED.
Councilman
Townsend,
Moore, Justice
Councilwoman
5.-Moved by Justice Evans, seconded by Councilwoman Hussie, It was
RESOLVED that the Town Board of the Town of Southold
authorizes the establishment of the following Capital Project In
Capital Budget for Improvements to the Sandy Beach Boat Ramp:
Capital Project Name: ~a~dy Beach Boat Ramo [mprovem_ea_~
Financing Method: T_m_n~fer ~ont General Fund Whole Town ~md a New York StaterGran~t
Budget:
R~enues.'.
I-I.]089.$0 State Aide $ t,2~0.00
FLS031.45 Transfers from Other Funds 1.250.00
Evans,
Hussle.
hereby
the 1997
Appmpriations:
H. 1620.2.500.800 Buildings & Grounds. Capital Oufla7
Sandy Beach Boat Ramp Improvements $ 2.500.00
5.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Ollva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
6.-Moved by Cpuncilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold modifies the
1997 Capital Budget for the following Capital Project for improvements to
the Skippers Lane Bulkhead:
Capital Project Name: Skippers Lane Bulkhead
Funding M~dmd: Transfer from General Fund Whole Towal and a New York State Grant
Budget Increase:
H. 3089.40
H.5031.40
State Aide $ 616.00
Transfers from Other Funds 616.00
Aoorouriafions:
H. 1620.2.500.600
6.-Vote of the Town Board: - Ayes:
Councilwoman Oliva, Councilman
Supervisor Cochran.
This resolution was duly ADOPTED.
Buildings & Grounds, Capital Outlay
Skippers Land Bulkhead $ 1,232.00
Councilman Moore, Justice Evans
Townsend, Councilwoman Hussle,
7.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussle, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
.the General Fund Whole Town 1997 budget as follows:
FROM:
A7180.4.400.200
A7020.4.400.650
A7020.4.100.150
(Water Testing)
(Vehicle Maintenance/Repairs)
(Youth Program-Supplies)
$100.00
$4OO.OO
$460.00
TO:
80.4.100,100 (Lifeguard Supplies)
$960.00
7.-Vote of the Town Board: Ayes:
Councilwoman Oliva, Councilman
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman Moore, Justice Evans,
Townsend, Councilwoman Hussle,
8.-Moved by Justice Evans, seconded by Councilwoman Hussle, it was
RESOLVED that the .Town Board of the Town of Southold hereby grants
permission to Deputy TOwn Clerk Elizabeth A. Neville to attend a New York
State' Local Government Records Management Workshop on "Electronic
Records Management" at the Nassau Technology Center, Curie Place, New
York, on Tdesday, August 26, 1997, from 9:00 A.M. to 1:00 P.M. and the
necessary expenses for travel and meal shall be a legal charge to the Town
Clerk's 1997 Budget.
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 Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the' Town Board of the Town of Southold .hereby modifies
the 1997 Capital Budget for the following Capital Project 'for the Human
Resource Center Generator:
Capital Project Name: Hnmun Resottrccs CcQter Clerlcr~tor
Funding Method: Tr~n.~,rfi:r from Gram'al Fu~d Whole Town
Budget Increase:
· Revenues;.
H.503 t. I0
Tmn~fer~ ~rom Other Funds S 71.90
Appropriafiom:
H. 1620.2.500.100 Buildi~gs & Grounds, Capital Outlay
Human P,~ourc~ Center Generator S 71.90
200 ^.O ST ,9 7
9. -Vote of the Town Board: Ayes:
Councilwoman Ollva, Councilman
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman Moore, Justice Evans,
Townsend, Councllwoman Hussie,
10.-IVIoved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the 1997 Ceneral Fund Whole Town and Community Development budgets to
appropriate an interfund transfer for the HOME program:
General Fund Whole Town
To:
A.9901.9.000.200 Transfers to Od~er Funds
Transfer to Community Development
$ 40,000.00
From:
A. 8660.4.600.100
Housing Improvement Program
community Development Fund
Reveuuus:
CD.5031.00 Transfers fora Other Funds
Tmn.qfer from General Fund
Community Development, Contractual Expenses
$ 40,000.00
$ 40,000.00
Appropriations:
CD.8660.4.400. 100
Community Development, Contractual Expenses
Home Invesunent Parmership Program $ 40,000.00
10.-Vote of the Town Board: Ayes:
Councilwoman Oliva, Councilman
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman Moore, Justice Evans,
Townsend, Councilwoman Hussie,
lt.-Moved by Councilman Towns~nid, seconded by Councilwoman Oil_va, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Director of Code Enforcement Edward Forrester and Building
Inspector Cary Fish to attend a training session on "Reduction of Flood
Insurance Premiums" at Riverhead, N.Y., on Tuesday, September 16, 1997
from 9:00 A.M. to 3:00 P.M., and the necessary expenses for travel, using
a Town vehicle, shall be a legal expense to the Building Department=s 1997
budget.
11.-Vote of the Town - Board: Ayes: Councilman Moore, Justtce Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
12.-Moved by Councilwoman OIIva, seconded by Councilman Moore,
WHEREAS, the Town benefits from the clean-up of its beaches through
the efforts of the Annual Hands Across the Bays Beach Clean-up which will
take place Friday, September- t9, 1997 through Sunday, September 21,
1997; now, therefore, be It
RESOLVED that the Town Board hereby grants the request of Save the
Bays, Inc. to waive the Landfill Fee for the disposal of the garbage from
the Annual Hands Across the Bays Beach Clean-up.
12 .-Vote of the Town Board:' Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle,
Supervisor Cochran.
This resolution was duly ADOPTED.
13.-Moved by Justice Evans, seconded by Councilwoman Hussle, It was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the proposal of Andrew D. Stype, in the amount of $250.00 to perform
professional appraisal services with regard to a Town-owned parcel of
property.
13.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
AUGUST 19, 1997 2~'t
14.-Moved' by Councilman Moore, seconded by Councilwoman Ollva, it was
RESOLVED that the Town Board of the Town of Southold hereby approves
the "Applicant Transactional Disclosure Form". as developed by the Board
of Ethlcs. to provide information which can alert the Town if possible
take whatever action is necessary to
Councilman Moore, Justice Evans.
Townsend, CouncilWoman Hussle.
confllcts of interest and allow it to
avoid same.
14.-Vote of , the Town Board: ,Ayes:
CouncilWoman' Oliva, Councilman
..... Supervisor COchran. ·
Thls resolution was duly ADOPTED.
..... 15.-Moved by ilwoman
RESOLVEI
authorizes, a
represents a
charge
15. -Vote Ayes:
Councilwoman
Supervisor Cochran.
This resolution Was duly ADOPTED.
16
WHEt
Southold, ~ on
Local Law:in iRelatlon
be it
Jed by Councilman Moore, it was
of the Town of Southold hereby
to Nancy ~; Hank Milano, which sum
original fee, less a Building Department
Councilman Moore, Justice Evans,
Townsend, CouncilWoman Hussie,
seconded by Councilman Townsend,
presented to the Town Board of the Town of
b~f August, 1997, a Local Law entitled, "A
eJess Communication Facilities"; now, therefore,
RESOLVED that the,' :!.:Town Clerk is hereby authorized and directed to
transmit this Law to the Southold Town P!annlng Board and
the .~nt of Planning for recommendations and reports
all in ;outhold Town Code and the Suffolk County
Charter. as follows:
A Communication Facilities
BE IT of the ToWn of Southold as follows;
A 'Eo,~al::l in Relation to Wireless Communication Facilities
BE IT ENACTED.; by the l~0wn ~Boa-rd of the Town of SoUthold as follows:
k
hereby a
! (Zoning) of the Code of the Town of Souihold is
~s folloWs:
1. Section 100-13 (Definitions) is hereby amended as follows:
BUILDING - Any structure havinq a roof supported by such
thinqs as columns posts, piers, walls or air intended for the
shelter, business, housing or enclosinq of persons, animals,
property or other materials; also any combination of materials
forminq any construction, except where entirely underqround.
so as'to permit the use of the qround above the same as if
no "buildin.q" was present. The term "buildinq" shall include
the term "structure" as well as the followin¢l:
(1) Siqns.
(2) Fences.
(3) Walls.
(4} Radio. television and wireless communication facility
receivinq and transmitting t(~wers and antennas, except.
for radio and television suoh antennas installed on the
roof of a buildinq and extendin.q not more than twenty
(20) feet above the highest level of.the roof of such
buildinq.
(5) Porches. outdoor bins and other similar structures.
AUGUST 19, 1997
2. Article XXII is hereby added and shall be entitled "WIRELESS
COMMUNICATION FACILITIES."
3. Section 100-220. Purpose is added as follows:
The purpose of this section is to provide sound land use policies,
procedures and re.qulations for w~reless communication facilities.
TheSe wilt protect the community from the ¥isual or other adverse
impacts of these foci ities, while encouraqinq their unobtrusive
development and Will ensure comprehensive wireless services i_n
the ToWn of Southold with its benefits to residents and businesses.
The placement of wireless communication facilities in Southold~s.
rural residential zones constitutes a si.qnificant intrusion and
therefore the applicants have a str~ict burden.of proof to establish_
the need for such facilities in res dential zones, Furthermore. the
standards herein reflect and
hisl
4. Section 100-221. Scope is added as follows:
The requlations of this section shall .qovern and control the
erection, en ar.qement expansion! alteration, operation..
maintenance, rel0ca{ibn ~nd rembval Of all personal wireless
communication foci ities The re.qu orions of this section relate t.o.
the ocation and'desi.q'n oi~ th~se, i'aCi;lities and Shall. be in additio~ to
the provisions of!:the 'S°uthold B~ildinq and ZOnin.q Codes and a~'~.
other Federal. Siat~ o~'.L~cai L'a~S ~0r Federal' Communication
Commission (FCC) requtati6ns Pertai~inq 'tO Such f~cilities.
5. Section 100-222. Definitions is added as follows:
A. W retess CommunicatiOn: Facility. A wireless communication
an
an
wirel the necessary
ele~at on...
B. Wireless communibations." Wireless communications shall mear~
any personal wireless serwces as defined in the
Telecommunications Act of 1996, which includes FCC licensed.
commei~cial wfreles~ telecommunications services includin.o cellular
personal commi~ni~ation seryice~,';:sPecialized mobile radio.
enhanced specialized mobile rad, i?. pa.(tin.q, and s~mdar s, erv~ces
ihat currently exist Or'that may id the future be develope~3.
C. Telecommunication Tower. A,telecommunication tower is a
structure desitin'ed ',and constructed specifically to support a..n_.
antenna arra~! an,di may inciude amonopole, self-supportinq rower,
guy_Wire suppo~ t~wer and O, th~i?imilar structures. A wireless
~ommunicatidh f~cility attacde8 {d an existinq buildin.q or structure
shall be excluded from this defi~:ition. '
AUGUST 19, 1997
20:3
6. Section 100-223. Location of Use is hereby added as follows:
No wireless communication facility shall be used. erected or
altered in the Town of Southold except as follows:
A: In Residential and :Marine Districts includinq AC, RS0, R40,
R120, R200. R400. AHD, HD, RR, RO; MI, and Mil, a wireless
communication facility is subject to site plan approval and must
meet ihe {ollowin.q requirementsl Wireless communication facilities
are Specifica ly prohibited on'any desi.qnated landmark properly or
in districts listed by S.P.L. LA., federal, state or town agencies:
(1) Buildings - Shall require a special.exception Wireless
communication Facility on Non-Residential.aPproval, .,w, hich may
be issued provided the t~Uildin.qs are thirty five fee[ (35) or .qreater
in height, and the wireless, communication .facilities 'and rel,a, ted
sUpport` structures do not extend more than twenty feet (20) above
the roof line. The buildin.q on which the Wireless Communication
Facility is located must be located at least one hundred feet (100)
from the: nearest property line or three hundred feet(300') from any
landmark properly or district listed by S.P.L.I.A.. [ederal, state or
town agencies.
(2) Wireless communication facilities on Existing
Telecommunications Towers - Shall require a special exception
approvai Pursuant to this chapter unless otherwise allowed by the
terms of a prior special exception approva.I.
(3) Telecommunications Towers - Shall require a special
exception, approval pu-rsuant~ to this chapter. ,which, may be issued
provided, the t0we~ is no ;qreater than sixty feet (60. The base of
the tower shall be located at least one hundred (100) feet from
the nearest property line or three hundred feet (300') from a
landmark property or district listed by S.P.L.I.A., federal, state
or town agencies.
(4),. AJwjr. eless communication facility is a permitted use if located
or~ :pr0per;ty OWned, eased or otherwise controlled by state, federal
or. town .qovernment~ provided a license or lease authorizin.q such
antenna .or tower has been aP_Proved b~' that ~lovernment.
B. In Commercial Districts including LB, HB and B a wireless~
communication facility is subject to.site.~._plan a_p.p_roval and musl
meet the followi'n.q requirements. Wireless communication facilities
are specifically prOhibited in any desi.qnated landmark property or
in districts listed by S.P.L.I.A., federal, state or town agencies,:
(1).Wireless communication facilities on Buildin.qs - Permitted on
all buildin.qs which are thirty fiVe feet (35'.) in height or greater,
provided the wireless communication facilities and related support
structures do not extend more than twenty feet (20') above the roof
line of such buildings.
(2) Wireless communication facilities on Existing
Telecommunications Towers -Permitted unless otherwise restricted
pursuant to the terms of a prior special exception approval,
(3) Telecommunications Towers -Permitted if the height of the.
tower above .qrade does not exceed seventy five feet (75'), and
provided the base of the tower is located at least one hundred feet
(100') from the nearest dwelling unit or three hundred feet (300')
from any landmark properly or district listed by S.P.LI.A., federal,
state or town a.qencies.
(4) A wireless communication facility is a permitted use if located.
on property owned, leased or otherwise controlled by state, federa!
or town government, provided a license or lease authorizina such
antenna or tower has been approved by that government.
C. in Industrial Districts includin.q LI and LIO, a wireless
communication facility is subject to site plan approval and must
meet the following reqtJirementS. Wireless communication facilities
are specifically prohibited inanY designated landmark property_or
in districts listed by S.P,Lii. A., federal, state or town agencies,:
(1:) Wireless communication facilities on B_uitdings -Permilted on all
buildings provided the height of the wireless communication facility
does not extend more than:one hu_n~red feet (_!00')
above the existing .qrade_.
(2) Wireless communication facilities on Existin.q
Telecommunications Towers -Permitted unless otherwise restricted
pursuant .to the terms of a prior special exception approval.
(3) Telecommunications Towers -Po refitted provided tile hei.qltt of
the tower above grade does not exceed one hundred feet (100')
above the existing .qrade and provided the base of the tower is
located al le~t'one hundred~feet (100~.) from the nearest dwelling
umt or three hundred feet (300)from any landmark property o
district iisted by SLP.L.i.~, federal, state or town
agencies.
(4) A wireless communication fa. ci!ity_is a permitted use if located
on properly owned, leased or otherwise controlled by state, federal
or town government, provided a license or lease authorizing such
antenna or tower ~as been..a_p_p~oved by that govery~ment.
7. Section 100-22;4. Special Excep_Eo_n_A_p_proval is hereby added
as follows:
A. Authority. The..Zoning_Board__of_A.p. peals shall be ernp. owered to
issue a special e~ce_ptioq...ap_p_.roVal for wireless communicattoQ
facilities, subiect to the provisions of this-Chapter_.
B. Standards. In addition to the standards in Article XXVI
of this code,' ng. sp_ecial_ex__c_eption a~proval sba.fl, be_,qranted unless
the Zoning Board of Ap. peals sp~ecifically finds and determines the
following:
('1) that the applicant is a p__u_blic utility,_.aj'~d
(2) that construction of the propqsed facility or modification of the
existin.q facility is a public necessity, in that it is recju~red to render
adequate service to the public, and
(3) that the applicant has made substantial effort to locate or
co-locate on existin.q}towers, or failing that. that the applicant has
made substantial effort to locate or on federal, state or
town land and facilities, an.d
(4) that there are compelling reasons, economic or otherwise,
which make it more feasible to construct the proposed facilities
than alternatives.
C. Matters to be considered, in addition tO the matters
tO be COnsidered in Article XXVI of this Code; theZo~i~g Board of
Appeals shal give consideration to the fol.lowin.q in-issuing a
special approval for wireless communication facilities:
(1) the height of the proposed tower shall be' the minimum.
necessary to render, adequate service, and
('2) the v~ire ess communicat on facility has been.si:tuated to
:~inimize i[~ proximi:iy to ~residential stretCh:es, res!dential
djStric~ boundaries and I~ndmarks desi.cl~n~aied by town, federal or
State 'a.qi~nCies, and
property', and
and situated
or] adiacent and nearby
(4) .lhe wireless communication facility nas been designed to use
the surrOUnding topo~ra, phy to m~n~m~ze. ~ts v, sual ~mpacts. and
use
visual impa.cts: and-
obtrusiveness, and
cation
or eliminate
(7);;that Other adequate conditions have been placed on the
wireless .communiCation facility which will minimize any adverse
impacts' of the facility on adioining properties.
D;;,Appllcation Requirements. In order to make the above
d~cr b~d;, detefm nation, the Zon ng Board shall require the
[OliOWirtq in addition to the requirements of Article XXVI:
include a survey clearly indicatin.q:
reless communicatioq
located on an existing structure, co-:
tower; (c) on-site land uses and
land uses, structures and zoning within
all structures; (f) location of
federal, state or town agencies within
.~d means of access;
ion drawings of the
Board to
lance with this law.
f2~iEa~l~, applliCation shall include a written site location alternative
a~ly~ ~ (les6~ribing the ocation of other.sites considered, the
a~il~tdliif~¥ of. thos~ s!!es, the extent to which other sites do or do
n~l~ niP,it;the iPt°~VMer s service or enPineedng needs, and the
r~so~ii~h¥ ;.tl~a sUbiect site was chosen.,
(3) The applicant shall document to the satisfaction of Zoning
Board of Appeals that a good faith erfod has been made to locate
or co-locate on existing towers or other available and appropriate
buildings and structures and that the proposed location is
necessary to provide adequate service [o the public. The.
documentation shall include a notarizes statement by the applicant
as tO whether construction of the wireless ,communication facility
will accommodate collocation of additional antennas for future
users.
(4) Each application shall include a plan which shall reference
all existin.q Wireless Communication Facility locations in the
Town of Southold, any Such facilities in the abutting towns which
provide service to areas within the Town of Southold, any changes
propose,d, within the fottowin.q twelve (12) month period, including
applicant S plans .for new locations 'and the discontinuance or
relocat on of existin~ wireless faci~ ities. Alternatively. at the
be.qinnin.q of the year the applicant may submit an Annual Wireless
Communication Facility Plan containin.q the aforementioned
information for: the calendar year.
(5) A landscape plan showing specific landscape materials, fencing
and ma ntenance arran.qements.
(6) The Zoning Board of. Appeals may retain technical consultants
as it deems necessary to provide assistance in the review of the
needs and' Site location alternatives analyses and. other matters
~[hat the Board deems.necessary. 'The applicant shall bear th
reasonable cost assocJated with suCh consultation, wh ch cost shall
be assessed fee. case shall the
cost as
purposes.
(7) A copy of the deed or ease agreement estab ishin.q applicant's
ri.qht to use the parcel on: wh ch the wireless communication
facilities is to be located, :.
E. Conditions. The Zoning Board shall consider the following in
establ shin.q conditions on the issuance of the special exception
approval.
(11 In reviewing special exception approval applications required
,als shall consider the
considering
)lications. The
Zor when a facility
provider, and
provider.
may waiVed
have
of this I
Board
this Article, to the extent
that doing so will
or on the public
,and stated purposes
)vided that the height is
~,AUGUST 19, 1997
ii. Minimize proximity of the tower to residential structures or
historic landmarks listed by S.P.L.I.A.; federal, state or
town a.qencies;
ii Plant n,q of surrounding tree covera,qe and foliage;
iv. Design of the tower, with particular reference to design
characteristics that reduce or elimihate visual obtrusiveness:
(3) The applicant will provide documentation that the proposed
communications f~acility will' have electromagnetic emissions within
the safety standards established by the FCC aS ,amended or any
superseding state or national standard in effect on the date the
Special Exception Approval Application is submitted to the Board.
8. Section 100-225. Des .qn Standards is hereby added as follows:
The following desi,q,n,, standards shall apply t.o. wireless
communication facilities and telecommunications~' towers installed
or constructed pursuant to the terms of this chap[er.
A. Collocation. Wireless Communication Facilities shall be
designed to: provide for collocation by multiple Providers; or,
designed So that they can be retrofitted to ac;bbmmodate multiple
providers.
Minimum Lot Area-
Commercial Districts
B. The minimum lot size for the siting of a tele~0mmunication tower
shall be in accordance with the following. No tower can be built on
a ct which is nonconforming in si_ze to the re~l~ ements set forth
below:
Minimum Lot Area-
Residential and Minimum Lot Area-
Marine Districts :Industrial Districts
Per Bulk Schedule per
zone
5 acres
Per Bulk Schedule
per zone
C. Setbacks. Towers and Equipment Facilities shall adhere to the
setbacks for principal uses in the Bulk Schedule :applicable to the
zone in which the structure(s} are located.
D. Fenc n.q. The base area of a telecommunication tower and
equipment facility shall be enclosed w th a black ~/inyI chain link
fence not less than six feet (6') in hei.qht.
E S gns ~Si.qns shall not be permitted on towers except for signs
displayin.q! contact information and safety instructions.. Such si.qns
shall not exceed five (5) square fee! in surface area.
F. Equipment Facility. Equ pment accessory to the wireless
communication facility may de located w~thin an ex stin.q but d n.q.
In newly constructed buildings and structures an equipment facility
is limited to 500 square feet in floor area. If the newly constructed
equipmen,t facility is designed for co-location, the~ facility may be up
to 1000 square feet. The equipment facility shall be constructed
with a finish similar to that of adiacent structureS on the property.
Any newly constructed equipment facility shall be located in
accordance with the minimum height and yard requirements of the
zonin.q district applicable to the site and no more, than two adiacenf,
off-street parking spaces shall be provided for service vehicles.
Any re.qraldin.q for stormwater retention that is required by the.
TOwnshipl En.qineer shall be accommodated on-site,
G. Li,qhtin,q. As independent freestandinq facilities on separate
sites will not be accessible to the public, the li.qhtin,q permitted shall
be the minimum required to protect the public welfare. Facilitie,~
sited on existinq developed sites shall be incorporated into the
li,qhtin.q and landscapin.q plans of those sites.
H. Access. Access to tower or monopole areas shall be from
established site access points whenever possible.
I; Dish Antennas. Dish antennas shall be colored, camouflaqed or
screened to the extent that they are as unobtrusive as possible and
in no case shall the diameter of a dish antenna exceed six feet (6').
J. No wireless communication facilily shall be located nearer than a
distance equal to its hei,qht above the roof or .other permanent
structure to which it is attached tO any overhead electric
transmission line. carrYin,q more than two .hundred twenty (220)
volts.
9. Section 100-226. Appearance is hereby added as follows:
A. Base Landscap~n,q. A screen of ever,qreen trees shall be
Planted out~side the fence of the telecommunication tower base
area to provide a visual screen or buffer for adioinin.q private
propedies and the public ri,qht-of-way. Required fronl yard setback
areas shall be landscaped.
B. Color. Towers shall either be blue/qra,¢ in color, have R
galvanized finish, or be colored appropriate to the tower's
Iocational
(~ohtext
to the extent that the tower is as unobtrusive
.~ Federal Aviation
communication facility i,~
lan a tower, the antenna and
tbeof~
the
as to make the antenna and
rel
shal
the
ma
ma
for a
a residential zone or
side of a
in a residential
3n from the
tees or less (50
~ormal
3 row of trees
etween
the
'~see illustrations
of 3
he at
"ICES
Ire
AUGUST 19, 1997 209
-, .--, ~ FL~N VIEW.
c,'_.:'/A i ~Ot't
[0o'
To.er ~ -
~...~, ?.4~,~rrl' f~,. . ....................
, -~ ! ¢,,..,,.,.e" ' '"% ,'~ ~ NI x .if '"" '
v~,= ,, j -, .' / ~,' '-.---"t ~%,..~k, '~ ',....f- "%
. ..;..., . / i /',_ t , ', ;:
L ........ L .......? ........ -" j".._A~/ ! i ~:~,,,,~ ~,,' j r"'r% i
j t,-v.~_,~.? , '/ . t -~--', . ,, ~ i ....
-- i ¢ ..',?-L-,"-~*- r ', ..-., / ~ ~
~' ,.,'~- k .I ".;.__~_-'~ % ~. ,...-'
,.~.... -._'%....."- .... .~-%_./'-....;--o-:-'~:~"- ........
D. Allernale Screen n.q. The localion of a cel ular wireless
communication facility on an existin.q water tower, silo or equivalent.
vertical structure, including an existing cellular, radio or tejevisi0.n.
tower, is permitted wjlhoUl the need to meet Conditions A, B, and C.
above, provided lhat the height Of the exislin.q slruclure s nol
increased as a result of the allachmenl of lhe cellular slruclu[e.. A.
decoralive dis.qu s n.q structure such as a clock tower may also be
approved as an alternative to Conditions A, B and C at the.
discrelion of the zonin.q Board. If the hei.qht of the exislin.q
structure is to be increased by the atlachment of lhe new structure,
all of the conditions herein shall apply as to a new freestandin.q
slruclure.
E. Commercial and Industrial Sitin.q. Towers to be sited on
developed commercial or industrial propedies sh~all be located to
the rear of other principal buildings and shall'not encroach on
planting buffers, parking areas or other'wise impair the operation of
previously approved systems such as stormwater drainage basins..
Existin,q_buildin.qs and structures should be used'in the sitin,cl of
freestanding towers to contribute to the visual screening of the
tower.
F. Commercial. Towers to be sited on undeveloped properties in
the commercial districts shall apply the standards of Condition Q
herein to all property lines, includin.q the streetline, except that a
driveway shall be permitted to .qain access to the facility for
maintenance personnel and equipmeqt..
G. Airport Re.qulations. All towers shall comply with applicable..
Airport Hazard Re.qulations and shall be subject to approval from._
the Federal Aviation Administration for location, hei.qht and liclhtin.q
to prevent interference with the operation of an airport or otherwisu
threaten the public safety.
10. Section 100-227. Remova[ is hereby added as follows:
A. Upon cessation of use of the tower site for the approved or
pre-existing Special Exception Use, the tower structure and
wireless communication racility shall be removed within one year..
subject to FCC concurrence. In the case of d wireless
communication facility on preexisting, vertical structures, this
provision shall apply to the wireless communication facility only.
The applicant for the wireless communication facility shall post a
bond to ensure wireless communication facilities removal in the
amount of $20.000 prior to receiving permission to
construct.
11. Section 100-228. Nonconforming Uses is hereby added es
follows:
Pre-existin.q towers shall be allowed to continue their usage as
they presently exist. New construction other than maintenance on a
pre-existing tower shall comply with the requirements of this
ordinance.
12. Section 100-229. Severabilily is hereby added as follows:
The various parts, sections and clauses of this local law are hereby.
declared to be severable, If any part, sentence, paragraph, section
or clause is adiud.qed unconstitutional or invalid by a court of
competent iurisdiction, the remainder of the ordinance shall not
affected thereby.
13. Section 100-31. Use re.qulabons in A-C, R-80, R-120, R-200
and R-400 Districts is hereby amended as follows:
B. Uses permitted by special exception by the Board of
Appeals. The following uses. are permitted as special exception bY.
the Board of Appeals, as hereinafter provided, and, except for two-
family dwellings and the uses set forth in Subsection B(14) hereof,
are subiect.to site plan approval by the Planning Board:
6) Public utitit¥ ri.qhts~of-way as well as structures and other
installations necessary to serve areas within the town, excluding
wireless communication facilities, subiect to such conditions as the
Board of Appeals :may impose in order to protect and promote the
health, safbty,' ap~e~arance and general welfare of the community
and the. Charabter; Of the nei.qhborhood in which the proposed
structure. ~s to be constructed.
14. Section 100-131. Use regulations in the LIO District, is hereby
amended as follows:
amended as
B. Uses-permitted by special exception of the Board of
Appeals. The following uses are permitted as a special exceptioq
by the Board of Ap_peals as hereinafter provided, subie.ct to site
plan approval by tile Planning Board:
(4) Public utility structures and uses, excluding wireless.
communication facilities.
15. Section 100-230 (D) Exceptions and modifications, is hereby
follows:
D. Height exceptions. The height limitations of this chapter shall
not apply to.:
~: AUGUST 19, 1997
(1).Spires, belfries, cupolas and domes not for human occupancy;
and monuments, transmission towers excluding telecommunication
towers, chimneys, derricks, conveyors, flaqpoles, radio towers,
television towers and television aerials, provided that any
television or radio aerial shall not be located nearer than a
distance equal to its height above the roof or other permanent
structure to which it is attached to any overhead electric
transmission line carrying mo~e than two hundred twenty (220)
volts..
(2) Bulkheads, observation towers, monitors, fire towers, hose
towers, cooling towers, water towers, grain elevators or other
structures where a manufacturin.q process requires greater height
but' exclud n.q wireless communication facilitiesl Provided that any
such structures that are located on any roof area that exceed iQ
height the limits in the particular district shall not in the. aclarectate
occupy more than twenty percent (20%) of the horizontal area of
the roof and are set back One (1) foot from'the ed.qe of the roof for
each additional foot in height greater than the specified 'height.
shall
II. This Local Law shall take effect upon filing with the Secretary of
State.
Underline represents additions
Strikethrough represents deletions
COUNCILMAN TOWNSEND: I would like a discussion on the motion. ! was
not there for the dlscussion of Type I SEQRA deslgnatlon, and I know it's
an issue with many peoplb "in Orient. Cenerally I'm sympathetic to the
issues involved in those communities,-which might have towers put in their
midst, resldentlal communities, and thls ordinance is an attempt to replace
nothing with something. I have discussed this wtth our Town Attorney. i
have talked It over with. ,the Board relative to the Type SEQRA designatlon,
and I have been convinced, that it would not be productive to put a Type I
SEQRA designation on it. The arguments that have been used, and you
alluded to are that it would be the only ordinance, or the only use in our
town that requires such a mandatory deslgnatlon. We stand the risk of
being singled out. I. 'know you say there is severabiiity, but I'm not sure
that would apply in this instance, because specifically in the Federal law
that relates to utl}ities, ls it Federal or State that did that?
SUPERVISOR COCHRAN: Federal.
COUNCILMAN TOWNSEND: But it precludes from singling out utilities. !
would llke to propose though..and the last factor, of course. Is that we
are under the gun. The moratorium Is about to expire. If we don't pass
this thing, then we will be addressing several applications without anything
enforced. What I would like to propo~se Is that we do look at our Town Code
for other uses that might trigger a significant Type I classification.
COUNCILMAN MOORE: Can I just step in for a second? Freddie, first name
basis, I appreciate the comments you made relative to the hard work of the
committee. We have been meeting since the end of March, and a lot of good
give and take, and debate went on there, and it was healthy debate. I
thank you for ydur comments. So, no one misunderstands the fact that one
does not Include a Type i designatlon. On a use does not preclude or
prevent a reviewing body under the unllsted provls[ons, and you know
this, and I'm just saying this more for the community at large. From
declaring that a specific application has the potential for a signlflcant
impact, and go through that very process you talked about, I know that
you llke to see it' as a..put it right on the doorstep, so you can see it
coming in, but I give credit to the Board there that when the place is a
sensitive place, when those kinds of very issues we are all concerned about
are at stake, that the proper determination is going to be made, and I
didn't think it was worth the risk of putting it in here, and drawing such
dynamic attention to it. So, it is not as though the environmental review
doesn't happen, and that it can't be done on a very significant basis. !
just wanted to clear the air on that.
SUPERVISOR COCHRAN: Joe, are you finished?
COUNCILMAN TOWNSEND: I was just going to make the same point, that
the ZBA, whatever' Board is reviewing it in a residential area, does have
that as the same authority, and would hope they use it wisely. I Enow
there are doubts, and I know the disappointment that that is not in there,
but I vote for this. I vote for it reluctantly, but I think it's worth
doing.
SUPERVISOR COCHRAN: Any other comment? If not, I will call for the
vote.
COUNCILWOMAN OLIVA: I would just like to say, alsO, just voice my
opinion on it, too, because I do understand your concerns: about it, and I
have had conversations, too. with our Town Attorney, with our Planner.
and what have you, and-I do feel that because a slte plan!.is included that
the Plannihg Board itself will realize it does have a significant effect on
· t
the enwronmen, because they are a visual blight in t~ie town. I have
great faith in our Planning Board to carry through, with their very
intensive and I think it is Word~ in isuch a way that
it gives a titude about placement of the cellular:towers on a piece
of property they~ happen to g~' on a residential pieCe~ and hopefully most
of them will not. I just know that we are at inth hour. and if we don't
get it on now we Will not be able to change it in time:to get it in the tlme
our moratorium expires. So. for that reason I'm voting, yes.
COUNCILWOMAN HUSSIE: I have a few things to say. I have said it
before, and I am going to say it again, i don't want these in residential
zones, and I have been told by members of the committee, that we can not
prohibit it. I have read the law over and over again, i don't find it.
What I find in the law ig that nothing in this actual limit will affect the
authority of a State or local government over decisions regarding the
placement, construction, and modification of personal wireless facilities,
and then ~the intent it talks about, this act is intended to prevent the
commission from preempting local and .State land use decisions, and preserve
the authority of State and local governments over zoning, and land use
matters. I strongly feel that this Board sets the tone about how things are
going to go on in Southold, how Southold is going to grow, how people are
going to enjoy it, and what is going to happen to it, and I really do not
want this iopportunity to abrogate our authority, or our responsibility to
another Board, which in essence is What we are doing. The~ argument has
been given that if we do not allow, or prohibit the construction of cell
towers in a residential zone, that can then go to a court, and the court
will make the decision. We have it right now in here, that it will go to a
Board, and the Board will make a decision. I don't think that we should
allow another Board to make a decision, that we should be making. I vote
against it.
SUPERVISOR COCHRAN: I feel it is important to get something on the
books now, so I will vote in favor of the resolution.
16.-Vote of the Town Board: Ayes: Councilman Moore,
Councilwoman Oliva, Councilman Townsend. Supervisor
Councilwoman Hussie.
This resolution was duly ADOPTED.
Justice Evans,
Cochran. No:
17.-Moved by Councilman Moore, seconded by Councilwoman Oliva,
WHEREAS, a Draft Local law in Relation to Wireless Communication
Facilities has been prepared for adoption as part of the Town Code of the
Town of Southold to regulate the siting and design of wireless
communications towers with the Town of Southold; and
WHEREAS, the Town Board of the Town of Southold is the primary and
only agency With responsibility for environmental impact assessment of the
proposed ordinance; now, therefore, be it
AUGUST 19, 1997
RESOLVED that the Town Board of the Town of Southold will assume lead
agency status for the purpose of implementation of the State Environmental
Quality Review Act in relation to the proposed ordinance and that a Long
Environmental Assessment Form Part I and 2 will · be circulated to all
interested agencies by the Board.
17.-Vote of the ,Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Ollva, Councilman Townsend,, Supervisor Cochran. No:
Councilwoman Huss|e.
This resolution was duly ADOPTED.
18.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED,that the Town Board of the Town of Southold hereby modifies
the Ceneral Fund Whole Town 1997 budget to appropriate the
Department of State grant for a seed clam grow-out pFogram:
To:
Revenues:
A.3089.50
Appropriations:
A.8090.4.600.700
Miscellaneous State Aid
Seed Clam Grow Grant
18. -Vote of the Town Board: Ayes:
Councilwoman Oliva, Councilman
Supervisor Cochran.
This resolution was duly ADOPTED.
Trustees, Contractual Expense
Seed-Clam Grow Program
Councilman
Townsend,
$ 4,800.00
$ u., 800.00
Moore, Justice Evans,
Councilwoman Hussie,
SUPERVISOR COCHRAN: We have a public hearing in just a few minutes.
Let's, see if there is something I can share with the Board to take care of
two 'or three minutes. I would like to take the opportunity to thank
Councilwoman Evans. We traveled, as you heard, we approved the minutes
of the meeting on Fishers Island. We did travel to Fishers Island last week,
and many, many people from different agencies, be it County or State, we
invite because it gives them the opportunity to take care of work that they
have to do on the Island for day. I know the guy from the Agricultural
De had some inspections to do, and he said normally it takes him
over ;onnecticut, and then he bas to take the boat to Fishers Island,
and i:t makes his day long; and it causes overtime, and so we try to
these people, and invite them to go with us. We had a very
goc on hurricanes as a part of the program, and if you notice
that? o there are some brochures, that the Town has just
de with helpful hints. It is the start of the hurricane season. They
have on, if- you watch the weather man, but this is the time of
season types of storm get closer to us. Hopefully we don't have
any~ there are some helpful hints, and it does give the locations of our
if !y0u have to be evacuated from Iow-lying areas. Louisa, on
bet the Board and the Town we would like to thank you for your
ho~. t; It's always' nice to come over and visit, and say, hello to
f people were there for the first time, and they were quite
imp~ Does the Board have anything they would llke share? Not your
re just something in general. We have about two minutes before
we public hearing. This is the first time all day, they don't
in to say. We were also very pleased last week that we had
of State, Sandy Treadwell. He came down, and we went
;nt, Skipper'S Lane in Orient where a new bulkhead has been
ere~ fund is coming from the State, and so the Secretary of State
came~ downl;to look at the project, and we thanked him. It's to prevent the
road; irunoff, which we know is the biggest polluter of our creeks. Mr.
Secretary traveled with us over to Fishers Island. As you may have read
last the dUmping by the Navy over near the Island has been a concern
to ere are lawsuits, and so forth, but he was kind enough to go out
with John Thatcher, who was from the Nature Conservancy on the island,
and ~he area, because we are not only concerned with what was done
in th~ st~ but ~here is always the possibility of them dumping again, and
that ot' Southald Town, and by golly, we are there to make sure
the~e rigs don't happen. I would llke to have a motion to recess.
Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that a recess be called at this time, 8:00 P.M.,
purpose of holding a Public hearing.
Vote of the Town Board: Ayes:
Councilwoman Oliva, Councilman
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman Moore, Justice
Townsend, Councilwdman
for the
Evans,
Hussie,
RECONVENED AT 8:'27 P.M.
COUNCILWOMAN' HUSSIE: In view of the fact that we have 51 road ends..
SUPERVISOR COCHRAN: We have 90 road ends in the Town of Southold.
COUNCILWOMAN HUSSIE: Fifty-one are mentioned in the Code.
SUPERVISOR COCHRAN: We have 1,2,3,~,5,6,7,8,9,10,11,12,13 on the
Sound from Laurel to Orient.
COUNCILWOMAN HUSSIE: I just think whatever we do in this particular
instance will affect all the others. Maybe we ought to go back to the
drawing board.
SUPERVISOR COCHRAN: We are going to hold this. We are not going to
act on it tonight. We will hold it. We will look at it a second time.
Perhaps the gentleman that offered some advice, we would be very happy to
have it. Ed McDonald, thank you. Also, I would like a fisherman to come
in and see me. Please, make an appointment, and come in and see me.
That's it on the agenda. At this time you have the opportunity to address
the Board on any given topic, that you would like to discuss in relation to
Town business. Thank you for your letter. I am putting it on the agenda
for the next Board meeting, so we can look at it.
JACK FOSTER: The name is Jack Foster. I live the Main Road in
Cutchogue, and I am here for~ the concern of residential property,
agricultural property, peace" and quiet. I spoke with Mrs. Cochran about
my problem, and I felt I should come and tell the whole' Board the
problem. Basically my problem is the wineries, that are becoming catering
halls. I live by Pellegrini, and that is one that I am really the most
upset with, because it is the closest to me. He has no less than a wedding
every weekend, except for maybe .one this summer, and the music and the
noise is horrendous. It's like when these cars drive by your house with the
boom boom boxes, and you hear that for a little bit. Well, this is like all
evening, and I feel that he is in an agriculture area. I feel that it should
be agriculture. I have nothing against the vineyard, and it's other
functions, except when it becomes a catering hall. it is not fair to~ the
other restaurants, that the vineyard should start serving food, or catering
halls. There is in Jamesport a catering-hall associated with vineyards,
but that particularly catering hall is business zoned. It is business taxed.
It is right by the books. It was a restaurant. It was previously, but he
does have an association with a vineyard, but it is separate entities, and
out here we can't let all of these vineyards become catering halls, because
you will have same problem. They will just sort of like go from one to the
other. The vineyard people are close knit people with their business. What
one does the other's are concerned about, and I think if one sees one doing
this they will all be on the bandwagon doing this, and I don~t think, you
know, it shouldn't be in a residential area, or an agricultural area.
SUPERVISOR COCHRAN: As I said to you, Mr. Foster, I will present your
letter to the Town Board, and we will take a look at it.
JACK FOSTER: I have been to the vineyards to talk about this with them,
and I get nowhere, and ! know that last weekend they had one. I went
over. They warned me that this coming weekend they are going to have one
with a person that is really giving them a hard time as wanting their way.
They want the band to play until dancers drop. He is telling me that it is
going to be a very late thing. Do I have any recourse on this now?
AUGUST 19, 1997 2 I 5
SUPERVISOR COCHRAN: You can call the Police Department. I think they
can take c~re of that as a disturbance of the peace. I know that there is a
State law.
JACK FOSTER: What would be the time that, that would take effect?
TOWN ATTORNEY DOWD: Jean, if I might say, check with the Zoning
Board .of. Appeals~ because they have issued permits for .these wineries to
hold these.'events.. I imagine the permits have certain restrictions. That's
the whole point of requiring a permit, and we need-to check, and see what
they are, and see if they are complying with the conditions.
JACK FOSTER: See, if they have benefits, if they have special occasions,
but the one thing that I would llke to see definitely restricted is the
noise, the; music, and' ~the amplifiers, so that it doesn't interfere with the
a rea.
SUPERVISOR COCHRAN:
first thing. Thank you.
Okay, we will look into this tomorrow morning
MELANIE'SANFORI): My name is Melanie Sanford. I am here tonight to
talk about the trees on Locust Lane, and what the update is as far who has
cut' them down, and what is going to be done about the problem. Is there
anybody up there on the panel that could possibly address our concern? We
brought, this up at the last meeting on August 5th, and the meeting
before 'that as well, and we would like to know who chopped the trees down
on Locust Lane, and what is going to be done about it at the moment?
SUPERVISOR COCHRAN: We still haven't been able to find out who
ch~ppet/.d0wn the trees on Locust Lane, either. You live there, but..
MELANiIE SANFORD: It's four and a half weeks. Has it been Investigated
since August 5th?
SUPER~/ISOR. COCHRAN: I'll check with our Town Inspector in the morning.
MELANIE SANFORD: I ' think l~robably by now it's kind of common
knowledge that the property does belong to Albert Albertson; Jr., and that
he.~.spoke with LILCO about trimming them. Asphan did the job, but if
you could just simply ask for the bill. If you could just give Asphan a
the bill, that maybe all this Could be cleared up in a
one thought, one consideration. It has been a common
theme here tonight, it was brought up by Mr. Foster about residential
It was brought up by Freddie Waxberger, the first speaker
)ut towers on residential prapertJes, and my concern is, also, the
re.. )lot at the end of my road, which is under application to be
I 1~hink there is really not any compelling argument. I think
residential property, and make it commercial. I think
er was saying earlier this evening, that we are the
:Community. Residents pay the taxes, and that. we really
their needs in consideration utmost in Southold Town. The
~s under consideration, I think all you have to do is
site, and the current violations in the site plans of
which is Mr. Mullen, and that there are. quite a few things
there hich would really argue against further expansion, and extension.
Bu have not been put up. The ones that have been put up have
been down, and that we really need to preserve our hamlets. We
our residential properties, because this also includes the
Strip; at the end of Locust, and that really we need to keep the town
lille a town, and not like a commercial strip. ! was fortunate
enough to. come. this morning to attend your work session on the Town
codes,~ whIch will affect everybody here from Orient to Laurel, and I. know
a lot ~f PeoPle have really wanted to come as well, but unfortunately it was
a Thursday night session at 7:30. It was cancelled, and it was made into a
morning, session, and I think something as important as the Town Code
would want everybody's input. Everybody should be part of that, and I
came l!his morning, and it was a real ~nconven|ence. It was really difficult
to ~make it, and i know you got to get things done as well, but something
as important as ToWn Codes should really have the input of everybody,
everyEio'dy m the community. I know at the end of the meeting Valerie
Scopaz suggested that all the changes that we were in zones, I believe
there is an old Code, an intermediate Code, and at the end of the session
you came bp with kind of like a new format for the Codes of Southoid, and
she suggested maybe printing that, and I know it's lot of work. I know
Mrs. Dowd said, that save ourselves a little bit of here, and just kind of
get the Codes together, but I would really be interested in reading the
Codes, and what came up at the end of the session .just to compare the old
Codes, to the intermediate Codes, to the present Codes, and if you would,
if you could just print that up in the ditto form, because I did attend the
Planning Zone meeting, where you did hand out those pamphlets, and it~was
extraordinarily helpful, and I think a lot of productive things have come
out of just that one meeting, that Mr. 'Townsend chaired a few weeks back,
so I would just like you to consider those points, and get back to us on
the trees.
SUPERVISOR COCHRAN: We are having a survey done, the Town is, to
clarify once and for all if any of them were ours, or a half, or a whole, so
we are doing a survey.
COUNCILMAN TOWNSEND: Actually the discussion today was to review the
comments that were made at that meeting you referred to, that in the
evening, and what we were doing is, we are finding changes to the various
things you are allowed to do, or uses in the business zones. Southoid has a
lot of different business zones. They go from industrial to light business,
and then hamlet business, and general business, and then we have resort
residential, and then residential office. There Ts a lot of different
Codes, and what we have been doing is try to bring them up to date to
make sure they conform with the goals of Town planning~ and also direct
development in certain areas. I think the Town is very concerned about the
needs about both It's residents and it s merchants, and this is not a huge
step, but it 'is~'a step towards improving the way the Town looks and
works. Today what we did was to review those things that came up at that
meeting yOu ment~i0ned, and there were some good suggestions, that came
up. Certain sensitivities to residential uses in business zones were
reviewed. Just to name a couple of things, today we made it a little
simpler. We combined a few uses, and the public will have a.:Chance to
review this. We were talking about putting it..up until now it has been in
the diagram form, and now-it's in caparison form, where you take: the uses
that we used to allow, and put them next to the uses that are~.going to,
though. Those are the forms you are talking about. The third' step was
basically to put. in t.h.e language of the :Code, which is probably not as
accessible to the pubhc as the two columns. That's what we have. We
have the two and they are going to stay, the two columns we had
before, and
based mostly
philosophical
the zones arc
discussed at
of these zones
thing we di,.
review, that
The last
out, and
in put~.
meeting
know,
proposing. There were a few minor changes today
was brought up at that meeting.. We als0 had a few
know. What we are not doing is changing where
big the zones are. Those are things that were
and perhaps they should be iOok~ed at, because
not located in the right spot. Some that is another
that is not the subject of this change of use
1. going on for, you know, a couple of years now.
will be a public hearing where these things are laid
discussed with some clarity where the public will have
was sort of a preliminary. ]'he open informational
was sort of preliminary hearing based on :the, you
~als.
COUNCILMAN MOORE: May I suggest, it is easier to read it in the form.
For the public hearing, when you read these sections, and we are going to
amend 32, and all tibet mumbo jumbo we talked through maybe we can do
.that as a Working sheet.
COUNCILMAN TOWNSEND: Yes. There is no reason why we can't update.
It's already in' the 'computer. It's a minor change.
MELANIE SANFORD: I did think those sheets were very helpful, though~
because it just opposed the old versus the intermediate, versus what you
are currently doing, and I know you are caught up on all the issues but
the public isn't, and if you have those available it would make it so much
easier to process that input to us. What's going on in the town, I mean,
you are representing us.
AUOUST
COUNCILMAN TOWNSEND: No problem. We will do it.
SUPERVISOR COCHRAN: Is there anyone else that would like to address
the Town Board? Yes, ma'am?
JULIE SANFORD: I am Julle Sanford, and this morning I attended the
meeting with Charles Voorhis from Nelson, Pope and Voorhis, the
environmental study group, and I was interested that he had cited that
there were three options that the town could go by in deciding what will
happen with the change of zone application for Mullen, and I felt very
strongly, that the first option really feels llke the appropriate' action
that~ i. think, the .Town would be able to deny this application in light of
everyth ng tha has happened with the trees, and awareness, the flood of
responses from the residents, our traffic problems. I just feel that the
other two of having a further supplemental en¥ironmental impact.
revi less than anything that you could possibly do bY just
den¥i:hg this application. Mr. Voorhls said that the downing of the trees,
you can never achieve what was there, and he suggested that we restOFe
the area as well as it can be. I was a little surprised, and felt it Was a
premature reaction that MS. Dowd suggested buffers, and landscaping, and
we no landscaping, no berms, 'icould ev~lL replace:
What was there, and we hope that :it can be
that it can be, something of that age, and call
never be to any kind of these shrul~beries, hen~l~cks,: oi~ ~S
bu ~bout that, and I am
,licatl~on now Without
ews. I just ask if that is c
a wr
no
us~
he ! s
I ~just pulled ,out my notes from the
Sai~e three things. Mr. Voorhis is
tion, I believe we took it, by weeks end.
I I took good notes, the first
in his 'words, he did l
identified it, but it ~
he comes back with
that we take. My notes
:tion for us.
not a
JULI .He said he didn't recommend it, because if there were
ex[sting bu~ ;s area nearby.
CQUNCIEMAN MOORE: I would like to see his report, but not to leaving it
hanging nut there.
J U I.:.1
and
and
thi!nk
have
feel., and we~
But, we are residential. We are residential and hamlet,
as such. We do not the compromise. We do not want
that we are already experiencing, and he also mentioned
out, as far as the violations of Mr. Mullen~s,
ihbor policy, that we feel have been violated, and I
be taken into account as well. Why should we trust, or
~ a man who has already violated us? This ~s how we
looking to the Board for a appropriate response to this.
SL~PERV!SO~ ~OCHRAN: Laury, just for the benefit of those attending,
wo~Uld OU explain the three options that were presented to us this morning?
TOW. I
on
-w~
a
that
the
g(
EY DOWD: Mr. Voorhis had indicated this was just based
~ary reviewing. He is going to get them to us in writing,
a lot more clear and definite. One of the options was to do
der SEORA, and to deny that outright. He poi.n, ted out
e of that would be that it would not give the apphcant or
a chance to have any input. It would stop things before the
out. The second option was what he called a part III
with a site plan, and a landscape pla~
t .the applicants, so you get a pretty compl of
and it would have the opportunity for community input,
was that you require an environmental 'impact
be focused, it would be a scopi where
what are the ~mportant dd
it is sort of focused, and that w
advantage,, he pointed out, of flushing out the project, and getting public
input. It would just be, as I recall him saying it more formal than the
second option. The net result would be very similar.
JULIE SANFORD: I feel there has been public input. ! think you have
directly, for yourselves been directly exposed to our concerns, and
responses, and that is why I think all these formal studies perhaps are not
accurate as the-direct communication that we have been passing on to you.
That is my concern, because I know their initial study omitted many things
that were problems'at the .time. The traffic wasn't even considered. We
have traffic problems in that area. This expansion will, I think, will just
aggravate it further. The esthetics are just..I have to look at it every day
I go home, every day I leave my street. Every day I come home I have to
SUPERVISOR COCHRAN: Thank you. Is there anyone else~ who would like
to address the Town Board? (No response.) I want to give you every
opportunity. If not, I will call' for Board reports. I'll 'start on my left
with ,Councilman Townsend.
COUNCILMAN TOWNSEND: We already talked about the ~ 'Planning and
Zoning changes. You mentioned the Fishers Island trip, which was
interesting. The Board went over on that, and I think that while it's very
important that the Town Board members go to Fishers Island, and listen to
Hi( some time. I talked to the
3ty,. ! found out that, you know, t a hold
onI a~ymore .~grlcultur'a.i acgUisition of develo ht was
inter~ting at this point: You get a lot of little .~ .llf~=s a
worthwhile thing, and even if we weren't going to Fisher:sl Island.! it :might
be to take a trip to nowhere with these people. You a chance to
exch~ e information and concerns. Talking with the re '.ire from
the :DEC was very informative. You got a chance to see !'whatl their
thinking is like relative to the very important concerns and
the ~°tentlal for tremendous cost for remedlating our not
just a junket for us, anyway. I think most of the shares that
feeling of getting to know people, not being afraid to make
too. I talked to SancJy.Treadwell for some length; and foul
didn'.t play football aga.nst each other. We went to
Anyway, that ~1 guess is about it. Thanks.
that :we
schools.
SUPERVISOR COCHRAN: Ruth?
COUNCILWOMAN OLIVA: Thanks, Jean. We had a wonderful trip as Joe
has said tO Fishers Island. It is always good to talk to other agencies,
and just other people even in town here, that you don~t get a chance to
really' talk to, and exchange different ideas. We had a Goldsmith Inlet
Work Study Group, where we went over the requests for proposals for the
studies to be done from Duck Pond Point to Horton Point. That committee
was agreeable to go ahead with that, being that we are being sued by the
KennY~s Beach Association. We will have to see how far we ca~ proceed with
-these studies, but they are really very important. I, also, had the
pleasure of meeting with Jean and Secretary of State Sandy' Treadwell at
Skipper's Lane in Orient. That is a bulkhead, that really did need to be
repaired. It was quite dangerous, and it is m a state of disrepair, and now
there is a nice picnic bench sitting, too. It's a lovely view, and you can
count, the sailboats, and look at all the scenery. I would, also, like to
say that we worked very hard, too, our Code Committee for this' Cellular
Communications Tower Act, and I hape that there might be some revisions
we Ean make later on, but tonight was our last night to do it. If we just
decide (taPe Change) 'to make sure Jt is a safe and nice place, and not
something that ~s going to be destroyed, or used ~nappropr~ately, and ~t is
u to th~ Town to enforce it, and I think we are all oJn tO look at all
P g g
AU(;US "2: 19
these areas to see which ones we can really address the most
approprlate'ly. I think that's about it.
SUPERVISOR COCHRAN: Thank you, Ruth. Bill?
COUNCILMAN MOORE: I will just report to the Board that I had the
opportunity~ and the pleasure of representing the Town at an Eagle Court
of HOnor for Chris Constant from Orient, who got his award on Saturday.
It was 'a very nice time, and people took the effort to stop and congratulate
him on a very well 'deserv.ed .acco.mplishment. I'll take this oppo. rtunity to
suggest that Alice, who said it twice now, is incorrect.' I Wish it were as
simpJe, the telecommunications to simply say, no. There are other'issues
with it, You just say, no,, and they try and say that works, but I don't
believe that just saying, no, and prohibiting these towers in residential
zones is :a legal and viable option. Our Town Attorney doesn't accept that
premise'. Our Town Planner doesn't accept that premise. I dOn't.accept the
premise, and so I believe that Alice, although she doesn't ,accept our notion
of the law is wrong, on this one, and I wish it: were as simple as that,
becausei,we wouldn'~ hav:e gone through all the machinations and 'the 'efforts
we went through ~if ;,we could have simply said, no.
SUPERVIS.OR:?COCHRAN: ,Thank you. Alice?
COUNCILI~OMAN HUSSIE: Are we going to continue this? I am ready.
COUNC
remal
prohl
talk, ~
trees,,.
MOOR!E: Go to law school. I have encouraged you.
an,
re.,
from
SU P:ERVil!S ~PJ; ~COCHRAN:
I would love to go to law school, but the fact
to read, and I can not read where the word
~ce in here, this thick mess here, but I don't want to
~ talk about the frustration I hear concerning the
I have to say it again. The trees were cut
property. The Town doesn't have anything to say. If
d it's full of trees, and it's residential you can cut
rybody can be mad at you, but we can not do
Jmber one. Number two, there are two sides to
"we have heard a number of things from the
this zone change fly away, we have also heard
)s different views. That's ali.
Louisa?
JUS~
be :al
from
So,
came ~
4S:~ I want to thank you for all your kind words about
land, and I would llke to say from perspective from
it's very nice for the people that live out there to
on' with the voices that they talk to, so for the people
most of the enjoyment comes out of meeting the people
come over, because that is who they deal with mostty.
:the people fr.om the different Town departments, that
~;themselves available to our residents.
COU~
back
SU
have
two
came
Man~
Orler
at
I th
m.I
Bill
Sol
thi
SSIE: You know, no one has mentioned that tt was a
,ple wei'e seasick. There wasn't much talking coming
: COCHRAN: I would like to share some things with you that
taking some of my attention, a lot of my attention during the last
' e
I d,d have th 0pportunlt. y to meet with the gentleman, who
from: Albany, arid he ~s Deputy Commissioner of Land
for: New York State Parks. He came with the manager from the
.and wanted to inform me that they are beginning to lOOk
facilities down at the park. There were three
call them RVs, or tent pitching, or cabins, and
pretty well focused on cabins, so for your information that
you will see in the future. Also, one of the duties that
meeting with the Labor Management Committee. This is a
both the Union and several of us on the Town
items before they become serious problems. One of
i,n that comm. ittee right now, or group, is to review the
It's something we have developed and we felt that,
;nt iSr our prerogative, we felt that we would run it past
the Union just to make sure there weren't any kinks in it. I was fortunate
in that Du~ks Unlimited, who is a conservation organization did honor me
for my work with Duck Unlimited for the last sixteen years. I did start
the Green Wing Program, which is a youth program under Ducks Unlimited
here in the Town of $outhold, and so, I certainly thank them for 'their
honOr. I was flattered. Also, I had the opportunity, Bill and I, we sat
down with Lee Koppleman, and just talked in general about planning, and
Val $copaz, and he felt that' although there is always: room for improvement
he felt pretty good about the shape that Southold is in, in relation to
their zoning. I, also, had the opportunity to sit down with Eddie Adams
from the Mattituck Park District, and 'a gentleman from the DEC, and a
resident from Mattituck. I had reported previous that we had.~sat down,
because the Mattltuck park District is interested in giving the dunes behind
the beach at the Mattituck Inlet to the DEC. They 'feel that the there
would be. 'better enforcement~ 'Right now ;the buggies are riding down from
Riverhead. They are breaking down the dunes. It.cou;Id become a habitat
for some birds and fowls~ because it!s the kind of land that the little
Plover things that run around llke. Although the Town is not directly
involved, it's not our iurisdlction.-I had' brought these
and said, okay, and they all said, yeah, let's all work: together, ake
th!s happen, and it has b.e.e.n several months, and notlMng was happening. I
think each group was waiting for the'other to take thelmext step, and it
didn't happen, so I brought them back ~ogether agai~ and now there are
actions being taken, that,hopefully the :land will be given ire~ the-...DEC~~ and
it w~ll. have better protectmn, and wdl just ~mpro e the entire area. Also,
! had a meeting with 'a woman that is:involved, be
having exchange students ?rom
and tO work
them to
Depa
on
discuss
been delayed due.
reasons. We really- ~
the ~ow
it
the
going' h~ppen
gentl~emen from the tile we me~ in
relatiOn to conditions, traffic. Within the township we ~ .~ss
some of our concerns. Again I have~ requested ;a
Porky's in Greenport to Orient. If you travel to
off the .dual highway they.have a double yellow line. They have a~ mille
speed .!limit. I can't understand why 'we can!.t g
Facl:
our g as they zip through town.
wo~ d~d write .it on,that pad.: We will continue
to extend to Scott Hiiary~ who serves on our CAC
married over the weekend, and I would just IB(e to
congratulations, and his new bride, Kelly.: Last night! I att~
Chamber meeting in Mattituck'. The gues~ speakers were
Environmental Council, and Kurt Kessler from the Ducks
organization, and it was well worth attending, and listening
speakers. In between we do telephone answering~ and
letters. I did haye the opportunity to go to the Barrel Tasting
Dominion on Saturday. They had, I .would say six or
people, that turned out for it. It was mcel¥ done. I dldn~t do
because I had been at the wedding all aft~ernoon. Enough is e~
last thing I'd like to finish up with. This is being circul
community. It has been given, addressed, and put in people'
It s misleading ~n a sense, because down the bottom .it says,
reformation contact Jean Cochran. I did not put this out. It's
to paved paradise, and putting in a parking lot. It's in ;rel.
controversy down here with the zone chan~e, and the
Some of this information is correct, some ~s incorrect, but
morning I had one person yesterday, and this morning several,
to express their opinion' about the issue, because my name i~
of this paper. I would like to suggest that the people th~
this put their name on the bottom of the paper. -Fhose people t
AUGUST 19, 1997
to me were supportive of the zone change. As we go through this process
with. the zone change, I think, are trying very hard to remain neutral. As
you go through the process we base our findings on a zone change,
information that is brought to us at the public hearing. So, many people
that have been in to speak in relation to this will have to come back to the
public hearing, and I am sure that is fine with them, but I would just
appreciate it if you are going to release information, at least let us know
who it is from. Okay? If there is no further business I will call for a
motion to adjourn.
Moved by Councilwoman Oliva, seconded by Councilman Moore r it was
RESOLVED that this Town Board meeting be and hereby is adjourned at
9:10 P.M.
Vote of the Town Board: Ayes: Councilman Moore. Justice Evans,
Councilwoman Oliva, Councilman Townsend. Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Southold Town Clerk