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SOUTHOLD TOWN BOARD
OCTOBER 28. 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.
9:10 a.m. Director of Code Enforcement Edward Forrester met with the Town Board
to ask for permission to close the Building Department office to the public at 3:00
p.m. to give them an opportunity to catch up on the backlog. The Board granted
permission, to take effect November 3rd, and they will review the situation in one
month to determine how long it will be necessary to continue the procedure.
9:20 a.m. - The Board took up the following For Discussion items:
Councilman Townsend submitted a proposal from North Fork Retrofit for the Town
to submi.t a response to a Request for Proposals issued by the Utility Photovoltaic
Group, a national business-support organization sponsored by the US Department
of Energy for the purpose of develaping the US photovoltaic industry into a position
of world leadership. Frazer Dougherty of North Fork Retrofit will be invited to meet
with the Town Board to discuss this proposal.----Town Board reappointed certain
members to the Anti-Bias Task Force (resolution 22), and appointed three new
members to that group (resolution 23) .----The Board considered a Freedom of
Information Appeal from Jody Adamson a response to a FOIL request from Chief of
Police Conway that Ms. Adams' request for information was too broad. The Board
asked the Town Attorney to contact Robert Freeman, Executive Director of the
Committee on Public Access to Records, Albany, to obtain his opinion on the validity
of the appeal.
9:30 a.m. Assessor Chairman Scott Russell and 'Assessor Robert Scott met with
the Town Board to explain the Alternative Veterans Ekemption, which is allowable
under State law applicable to the 1997 final assessment roll. The Board placed a
resolution (25) on the agenda to approve the measure.
10:00 a.m. - Nancy MarJano, representative of the Special Olympics, made a
presentation to the Town Board on the program. She informed them that a camp
is scheduled to take place at Peconic Dunes from August 15 to 21, 1998. The Board
pledged to support the Special Olympics and support and participate in the camp
events.
10:35 a.m. - Bill Jacobs, Nature Conservancy, met with the Board to review the
proposed Management Plan for the Marratooka Lake Preserve. The Town Board
approved the plan, and placed a resolution (26) on the agenda authorizing the
Supervisor to sign it.
10:40 a.m. --The Town Board continued with the For Discussion items: The Town
Board met with Executive Assistant Jim McMahon to discuss whether they should
rebid the proposal to construct stairs at the end of Rocky Point Road, East Marion.
There was only one bid the last time, from KJB Industries, for $27,595.00. They
agreed (resolution 29) to rebid one more time.----A resolution (27) was placed on
the agenda to reappoint all of the members of the, . Goldsmith Inlet/Kennys Beach
Working Group.----A resolution (27) was placed on the agenda to refer the "Local
Law to Revise Business Uses" to the Town and County Planning.- .... Another
388 oc,oB R 2,..
resolution (28) with regard to the "Local Law to Revise Business Uses" was placed
on the agenda to engage Nelson, Pope & Voorhis to provide Environmental Review
Services. ----Justice Evans advised the Board the Senior Citizen Coordinator for
Fishers Island has resigned, and she will propose a replacement at the November
12th work session.----The Town Board placed a resolution (30) on the agenda to
hold a public hearing on November 12th on the "Local Law in Relation to Wireless
Communication Facilities".----Councilman Townsend submitted a proposal to secure
an appraisal of the Brushes Creek Bridge by a professional engineer, Supervisor
Cochran will request Superintendent of Highways Jacobs to seek proposals for the
Board's consideration.----The Supervisor's office will coordinate a. date to interview
civil service certified Clerk Typists for various Town offices.
11:35 a.m. - Solid Waste Coordinator Bunchuck met with the Town Board to discuss
the possibility of extending the hours of two part-time employees for approximately
ten weeks, to extract debris from the Construction and Demolition debris at the
Disposal Area. Unless the debris (sheetrock, metal, etc.) is removed the C&D
cannot -be used for landfill cover; He was advised that if he has sufficient money
in his budget, he could extend the hours of one person for the time required.
12:10 p.m. - The Board continued with the For Discussion items: They set
November 6th to interview apPlicants for the Board of Appeals vacancy.----
Councilman Townsend discussed a request from Superintendent of Highways to install
a street light on Sound Beach Drive, Mattituck, where homes have been broken into
and vandalism has occurred over the past and recent years. Councilman Townsend,
chairperson of the Street Lighting Committee, advised the Board that if they want
to start putting lights in high crime areas, he wants to see the police reports before
making a decision. He would also like tO see a policy developed on street lights.
This will be brought up ,again at the November 12th work session.----A resolution
(32) was placed on the agenda authorizing the Supervisor to execute a $165,000
Agricultural and Farmland Implementation Grant from the US Department of
Agriculture and Markets.----Resolution no. 33 was placed on the agenda to create
the position of Town Comptroller and set the salary. ----Councilwoman Hussie
presented a time schedule and proposed contract with Power AltErnatives Inc. to
begin the process to establish a municipal electric utility and municipal gas utility
in the Town of Southold. She asked the Board to consider doing Phases I and II
concurrently, which would be to develop a written plan and cost: analysis, and
informational meetings and referendum. Councilwoman Hussie said this must be
accomplished 'before the LILCO/LIPA agreement is signed by all parties, estimated
to be the Fall of 1998. The Board members had questions and concerns with regard
to the proposed contract of Power Alternatives, and the Town Attorney was asked
to review it for the November 12th work session.
12:50 p.m. - Recess for lunch.
2:10 p.m. - Work Session reconvened and the Town Board interviewed Judi Guild,
applicant for the Conservation Advisory Council youth member vacancy.
2:20 p.m. - For Discussion items continued: A resolution (34) was placed on the
agenda appointing Alicia B. Marin as the Youth Member of the Conservation Advisory
Council.----The Board reviewed a proposal by the Oysterponds Historical Society
to assume ownership of the Brown's Hill Cemetery i.~ Orient. However, they want
the Town to maintain the cemetery for ten years, and there is a provision in the
deed that the Society cannot transfer the cemetery to a third party without
permission of the T, own, which the Society objects to. The Board all agreed that
the Town might as well maintain ownership of the cemetery if they are going to
maintain it, They instructed the Town Attorney to .advise the Oysterponds Historical
Society that the deed stands as written, there will be no conditions.----A resolution
(34) was placed on the agenda to request the NYS Department df Transportation to
conduct a traffic' study at the intersection of NYS Route 25 and Oaklawn Avenue
for the purpose of installing a traffic light or pedestrian push button traffic
light.----Resolution 'no. 36 was placed'on the agenda whereby the Town agrees to
participate in the Radford University (Virginia) Criminal Justice Intern Program and
accept Southold resident Roman Wilinski as the intern.
EXECUTIVE SESSION
3:05 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 the PBA contract. 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.
3:45 p.m. - Work Session adjourned.
389
REGULAR MEETING
A Regular Meetin~l of the Southold Town Board was held on October
28, 1997, at the S0uthold 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 William D. Moo~e
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
SUPERVISOR COCHRAN: May I have motion to approve the audit of the
bills for October 28, 19977
Moved by Councilwoman Hussie, seconded by Councilman Moore, it was
RESOLVED that the following bills be and hereby are ordered paid:
General Fund Whole Town bills in the amount of $261t,972.62; General Fund
Part Town bills in the amount of $10,136.~2; community Development Fund
bills in the amount of $36,Lr64.99; Highway Fund Whole Town bills in the
amount of $10,31/J,.15; Highway Fund Part Town bills in the amount of
$75,307.26; Capital Projects Account bills in the amount of $3,198.39; Ag
Land D ;velopment Rights in the amount of $/484.63; Seaview Trails Capital
Fund bills in the amount of $492.50; Employee Health Benefit Plan bills in
the amount of $2~,978.09; Fishers Island Ferry District bills in the amount
of $19,537.30; Refuse and Garbage District bills in the amount of
$12,765.17; Southold Wastewater District bills in the amount of $1,306.7~;
Fishers Island Sewer District bills in the amount of $819.23; Southold
Agency ~; Trust bills in the amount of $7,078.10; Fishers Island Ferry
District Agency ~, Trust bills in the amount of $335.22.
Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oiiva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Can I have a motion for approval of minutes of
October lit, 1997 Town Board meeting?
Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the the minutes of the October 14, 1997, Town Board
meeting be and hereby are approved.
Vote of the Town Board: Ayes: Councilman
Councilwoman Oliva, Councilman Townsend,
Su pervisor Cochran.
This resolution was duly ADOPTED.
Moore, Justice Evans,
Councilwoman Hussie,
SUPERVISOR COCHRAN: Approval of minutes 'of Special Meeting of October
16, 1997.
Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the minutes of the Special Meeting of October 16, 1997,
Town Board meeting be and hereby are approved.
Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Ollva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: I would like a motion to set the next Town Board
meeting for Wednesday, November 12, 1997, at 7:30 P.M.
' 3,90' OCTOBEr, 28, 997
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the next meeting of the Southold Town Board will be held
at 7:30 P.M., Tuesday, November 12, 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.
SUPERVISOR COCHRAN: We have some special presentations to make
today, and the first one is to Serge Doyen, who has served for forty-two
years from Fishers Island to the Zoning Commission, the ZBA here in
Southold, and I would like to ask Judge Louisa Evans to read this
proclamation. If you would on behalf of the Board deliver it to Mr. Doyen.
Moved by Justice Evans, seconded by The Entire Board,
WHEREAS, the Town Board of the Town of Southold wishes to recognize
the commendable service of SERGE J. DOYEN, JR.,who has shared his
expertise and ability with the Town of Southold for the past 42 YEARS;
and
WHEREAS, SERGE J. DOYEN, JR.. commenced his service to the Town
on MARCH 15, 1955 by serving on the ZONING COMMISSION as a
representative from FISHERS ISLAND. The ZONING COMMISSION's task
was to prepare a':study recommending the boundaries of proposed zoning
districts and formulate .appropriate 'zoning regulations. SERGE held this
position f 1,.:1955, when,the Southold Town Board selected him to
serve on th TOWN PLANNING BOARD, which Board
continued the difficult and~ exhaustive task of drafting and finalizing the
first
WHEREAS,
Ordinance,
the
served
after
of f lc
Jlates
Zoning ordinance for the Town of Southold; and
after: the enactment of the official Building Zone
:'., was a MAY 19, 1957, to
le on this Board, SERGE has
teFms :with, 'falrness and impartially and
has ,deCided tO retire as a public
servic~e,
be !it
their
years.
Dated: October 28· 1997.
Vote of the Town Board: Ayes
Councilwoman 'O|iva, Councilman
Supervisor Cochran.
This resolution was duly ADOPTED.
Board of the Town of Southold hereby
JR., as he. retires fFOm the SOIJ~THOLD
and extends to him and his family
~i~hes for happiness and good health in his retilrement
Councilman Moore, Justice Evans,
Townsend, Councilwoman Hussle,
- SUPERVISOR COCHRAN: We have proclamations for our local schools,
because this is School Board Recognition Week. I see Joan. is here. Mrs.
Ferris from MattltuCk is here. Are any of the other schools in attendance?
If not, Joan, I would 'llke to present this to you.
Moved by Supervisor Cochran. seconded by the Entire Town Board,
WHEREAS, an annual observation celeb, rated in school districts
throughout the Empire State is SCHOOL BOARD RECOGNITION WEEK; and
WHEREAS, school board members are an invaluable resource as local
decision makers responding to community needs on various local conditions;
and
WHEREAS. school boards are the voice of their communities serving the
interest of school children and preparing them for the future, and
WHEREAS, school boards continually strive for improvement and progress
in eduction, with an understanding of the need for commitment to growth in
New York's public education; and
WHEREAS, the men and women elected by the people as members of New
York's local Board of Education have earned deserved commendation and
appreciation for their dedicated service to the people and children of our
state, now, therefore, be it
OCTOBER 28, 1997
RESOLVED that the Town Board of the Town of Southoh
OCTOBER 27 TO 31, 1997 as SCHOOL BOARD RECOGNI'
Town of Southold; and be it further
RESOLVED that this proclamation is hereby dedicated
ISLAND SCHOOL BOARD. GREENPOI
BOARD,MATTITUCK-CUTCHOGUE SCHOOL BOARD. NEW
BOARD, OYSTERPONDS SCHOOL BOARD and SOl
BOARD.
Dated: October 28, 1997.
Vote of the To.wn Board: Ayes: Councilman Moore
CounCilWOman Ollva, Councilman Townsend, Coun.
Supervisor COchran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: We congratulate you as servin
volunteers, and you do a fine job.
JOAN FERRIS: Thank you very much.
I hereby proclaims
I-ION Wi:EK in the
to the FISHERS
tT SCHOOL
SUFFOLK SCHOOL
JTHOLD SCHOOL
,. Justice Evans,
:ilwoman Hussle,
the community as
SUPERVISOR COCHRAN: I have another presentation to make today. May
I have Officer G:inas come forward? Officer Ginas is being recognized
for his excellent police work on the night of July :29, 1997. His awareness
and determination played a major role in the recovery of four stolen
vehicles, and the apprehension of two of the perpetrators. This is a job
well done. Keep up the good work, and behalf of the Town Board we
congratulate you, and would like to present you with this plaque. Southold
Town Board ~commends Police Officer James Cinas for his superior police
work on July 29. 1997.
JAMES GINAS: Thank you very much.
SUPERVISOR COCHRAN' Congratulations.
I. REPORTS.
SUPERVISOR COCHRAN: Most of you have agendas, but each month we
receive reports from all our departments, and our different committees.
They are listed here and they are on file with the Town Clerk's Office. It
is pubic information. If there is anyone that would like to Know anything
about the different committees, or reports, please, feel free.
1. Southold Town Personnel Leave Time Report for September, 1997.
2. Southold Town Budget Monthly Report for September, 1997.
3. Southold Town Police Department Monthly Report for September, 1997.
I!. PUBLIC NOTICES.
SUPERVISOR COCHRAN: We have pubic notices.
1. Corp of Army Engineers, New York District, application of Neil Simon
to install an extension to an existing float and secure both floats to
dolphins. Project located at Waterway Inlet Canal, Southold, New York.
Comments to be received by October 31. 1997.
2. Notice of Petit[on of Robins Island Preservation Corporation for grant
of easement to Install a submarine cable between New Suffolk and Robins
Island below the Great Peconic Bay, Southold Town. Comments by November
3. Department of Environmental Conservation, Notice of Complete
Application of U.S, Department of Agriculture for air pollution control
permit at Plum Island - Animal Disease Center, Plum Island, Southold.
Written comments by November lq, 1997.
u,. Corp of Army Engineers, New York District, application of Kenneth
and Ann Edwards to construct an addition to the seaward end of an
existing fixed pier to increase mooring space in West Harbor, Fishers
Island, New York. Comments to be received by November 12, 1997.
5. Corp of Army Engineers, New York District application of John
Robert Helller to remove an existing ramp and float and construct
extension to existing pier. Install a hinged ramp, a float and relocate two
existing piles to which the new float wocild be secured at West Harbor,
Fishers Island, New York. Comments to be received by November 12, 1997.
OCTOBER 28, 1997
III. COMMUNICATIONS.
1. Joanne E. Braxton, Provost of Suffolk County College with thanks for
supporting the Fall Harvest Festival.
2. Shirley Strum Kenny, President of Stony Brook State University of
New York with information about the University's research highlights for
1996-1997.
3. Daniel Harris, President of Congregation Tifereth Israel. thanking
Supervisor Cochran for joining them in their 96th Anniversary celebration.
IV PUBLIC' HEARINCS.
1. 5:00 P.M., in the Matter of the Increase and Improvements of
Facilities of Southold Solid Waste Management District in the Town of
Southold, in the County of Suffolk, New York, pursuant to Section 202-b of
the Town Law.
RESOLUTIONS.
SUPERVISOR COCHRAN: At this point I would like to just explain to you,
that we do have a Town Board policy, that we ask if there is anyone that
would like to address the Board in relation to any of the resolutions. Any
of the printed resolutions, if you would llke to address the Board you have
the opportunity at this time. If it is something Other than what is in the
resolutions, at the end of the Town Board meeting after-we have Conducted
our business you will then have the opportunity to talk to the Town Board
on any ToWn related business. At this time is there there anyone that
would like to address the Board in relation to any of the prepared
resolutions? Mr. Siegmann.
ED SIEGMANN: I don't read it here, but I would like to ask the Board.
My name is Ed Siegmann. Are there anything on a resolution tonight that
is dealing with the handicapped?
SUPERVISOR COCHRAN: No.
ED SIEGMANN: Could I ask you, is there anything coming up at the
meeting at all in reference to the handicapped?
SUPERVISOR COCHRAN: There wasn't. We have nothing on the planned
agenda.
ED SIECMANN= The reason I asked this question is there are a lot of
people here for that reason, and i would not like to see them have to sit
here all evening, if they don't have to. I would make the request that if
anything comes up in reference to the handicapped at .any time, not only
today, that the public get an opportunity to express themselves on any
problem.
SUPERVISOR COCHRAN:
Ed.
There is nothing planned by this Town Board,
ED SIEGMANN: Thank you.
SUPERVISOR COCHRAN: Resolution number one?
1.- Moved by Justice Evans, seconded by Councilwoman Hussie, 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 CSE Day Care Program, for the period of March 31,
1997 through March 31, 1998, at a total agreement cost not to exceed
$20,867.00; said agreement all in accordance wlth the approval of the Town
Attorney.
1.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
OCTOBER 28, 1997 393
2.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Raymond Cleaves Post 861, American Legion, Mattltuck, New
York, to use the following Town Roads for a Veteran's Day Parade on
November 11, 1997, commencing at 10:30 a.m., provided they file with the
Town Clerk a One Million Dollar Certificate of Liability Insurance .naming
the: Town of Southold as an additional insured: Pike Street, Wickham
AvenUe,. Westphalia~ Road, Sound Avenue, and Love Lane.
2. -Vote of the Town Board.: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend. Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
3cilwoman Oliva, seconded by Councilman Townsend, it was
that ~he Town Board of the Town of Southold hereby
authorizes and directs HHS Administrators to pay the medical bills for
Zig._'i~d and' Marie Helinski, which were submitted by the provlder,
Steven J. N. Chierchie, more than 90 days after service was rendered.
Ayes: Councilman Moore, Justice Evans,
Townsend. Councilwoman Hussie.
Supervisor Cochran.
THis resolution Was duly ADOPTED.
4.-Moved by Councilman Moore, seconded Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 5:02
P.M., ovember 25, 1997, Southold Town Hall, 523095 Main Road,
Southold', NE ~k, as time and place for a public hearing to hear citizen
views On IGc and community development needs to be met with the
approx]matel~ in Community Development Block Grant Funds the
Town of )ects to receive in April, 1998. These funds may be
used, and n ,revlously used for a variety of projects to be
Eligible activities include:
Acqu|: ~nd demolition of blighted property
HOusing rehabilitation
~¥sical barriers for the handicapped
a,nd improvements
JctJon
Cdde ment.
Projects
Ec0r )pment
(liimited to 15%)
-Vote Board: Ayes: Councilman Moore, Justice Evans,
Counci Councilman Townsend. Councilwoman Hussie,
Supervi
This res~ duly ADOPTED.
5. - Moved
authori
HousinAg~'
Ge
5. -Vote of the Town
Councilwoman Oliva, Councilman
Supervisor Coch Fan.
This resolution was duly ADOPTED.
~n Townsend, seconded by Justice Evans, it was
~rthe:: Town Board of t?.e Town of Southold hereby
iirreCtS the following modlfmatlons to the Southold Town
~ion ' Program Cuidellnes:
iEligible Activities: ·
.total dollar'amount for rehabilitation work done on any
one dwelling under a property owners name shall not exceed
twenty thousand ($20,000) dollars;
Board: Ayes: Councilman Moore, Justice Evans,
Townsend, Councilwoman Hussie,
6.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that ~the Town Board of the Town- of Southold hereby accepts
the bid of Cargill Salt Inc., in the amount of $39.89 per ton delivered,
for 500 tons (more or less as may be needed) for Bulk Salt for Snow and
Ice Control for the Southold Town Highway Department, for the period of
October 1, 1997 .through October 1, 1998, all in accordance with the bid
spec ifications.
-Vote of the ToWn Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Ollva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
OCTOBER 1997
7.-Moved by Justice Evans, seconded by Councilwoman Hussie,
WHEREAS, the Town has not received the Continuance Certificate for the
$115,353.00 performance bond for Thorton Smith subdivision, Section 2,
which bond expires on November 12, 1997; now, therefore, be it
RESOLVED that' the Town Board hereby authorizes and directs the Town
Attorney to draw upon the '$115,353.00 Certificate of Deposit if the
Continuance Certificate is:not received by Noon on November 11, 1997.
7.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Otlva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
8.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the following elected or appointed officials to attend the
Annual Meeting of the Association of Towns in New York City, on February
15-18, 1998: Supervisor, Councilpeople, Town Clerk. Town Justices,
Receiver of Taxes; Solid Waste Coordinator, Justice Court Clelrks; and .be .Jr
FURTHER: RESOLVED that the Board of Assessors, Town~ Attorney, and
members of the Board of Appeals and Planning B.oard are granted
permission to attend.the Annual' Meeting of the AssociatiOn/of Towns on a
day trip basis.
8.- Vote of the Town Board: Ayes: Councilman Moore. Justice Evans,
Councilwoman Ollva, Councilman Townsend. Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
RESO ~at
authoi
Cour
Supervisor Cochran.
in Hussie, seconded by Councilwoman Ollva, it was
the Town Board of the Town of Southold hereby
3e Town Clerk to advertise for bids for the sale of
in as is conditions.
Ayes: Councilman Moore, Justice Evans,
Councilman Townsend, Councilwoman Hussie,
This resolution was duly ADOPTED.
10.-Moved by Councilman Townsend, seconded by Councilman Moore, it Was
RESOLVED that the Town Board of the Town of Southold hereby i accepts,
with regret, the resignation of Claire Toy, Clerk Typist in the Building
Department, effective October 14, 1997.
SUPERVISOR COCHRAN: The Town Board decided today that we would,
because we had the resignation of Claire Toy, Clerk Typist, she was due to
come back from a pregnancy leave, and decided she would like to continue
to stay home, so we are short in that department with clerical r. ight now,
and the feeling is that if we can do some catch up with clerical, that will
certainly will catch up some of the work that is going on in the Building
Department. Right now the Building Department is twenty-one days behind,
working days behind, in trying to get out the different permits, that are
before them. So, the Board agreed that we would close the office from
three to four each day. It's temporary. I think Mr. Forrester comes
back in a month to report, and we will see how it's going. So, hopefully,
this will allow us to catch up' some of the work, so that the community can
move ahead with their building.
10. - Vote of the Town Board: Ayes:
Councilwoman Oliva, Councilman
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman Moore, Justice Evans,
Townsend, Councilwoman Hussle,
11 .-Moved by Councilwoman Oliva, seconded by Councilman Townsend.
WHEREAS, the Town Board of the Town of Southold wish to dedicate
certain roads in Orient, New York, to be known as "LANDrS END ROAD"
and "LATHAM LAND" and 100 ft. of L.I. Sound frontage, as shown on
subdivision map entitled, "Map of Land's End at Orient", filed in the
Suffolk County Clerk's Office on May 3, 1973, as Map No. 5909; and
WHEREAS, the Southold Town Highway Superintendent has inspected the
said highways and has advised the Town Board that said proposed highways
comply in ali respects with the specification for the dedication' of highways
in the Town of Southold; now, therefore, be it
OCTOBER 28, 997 3'95
RESOLVED that in accordance with Section 171 of the Highway Law of the
State of' New York, consent be and the same is given to the Superintendent
of HighWays to make an order laying out the aforesaid highway, to consist
of lands described in said application as shown on certain maps attached to
said application.
11.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran;
This resolution was .duly ADOPTED.
12.-Moved by Councilwoman Hussie, seconded by Justice Evans,
WHEREAS, the Town Board of the Town of Southold wishes to dedicate a
certain road in Southold, New York, to be knows as "CREAT POND WAY",
on a survey of property for the Community Development Agency of the
Town of Southold/dated November 22, 1988; and
WH. EREAS, the SouthO!d Town Highway Superintendent has inspected the
said highway' and has advised the Town Board that said proposed highway
complies in all respects with the specifications for the dedication of
higt~ways Southold; now, therefore, be it
~rdance with Section t71 of the Highway La.w of the
consent be and the same is given to the S~Jper~ntendent
of Highways to n order laying out the aforesaid highway, to consist
of d application as shown on certain maps attached to
] 2. -Vote Ayes:
~uncilman
SupervisOr Cochran.
This resolution Was~ duly ADOPTED.
Councilman Moore, Justice Evans,
Townsend, Councilwoman Hussle,
13. -Move
F
permission to
their annual
~:00 P.M.,
Certificate of
insured;.
13.-Vole of the
Councilwoman
seconded by Councilwoman Oliva, it was
~n Board of the Town of Southold hereby grants
)Id P.T.A. to use Oaklawn Avenue, Southold, for
Parade on Friday, October 31, 1997, commencing at
file with the Town Clerk a One Million Dollar
Ii surance naming the Town of Southold as an additional
~b~n Board: Ayes: Councilman Moore, Justice Evans,
Ol~Va; ' Councilman Townsend, Councilwoman Hussle,
Supervisor Cochran,
This resolution was duly ADOPTED.
14.-Moved by Justicei.Evans, seconded by Councilwoman Hussie, it was
ths the Town Board of the Town of Southold hereby
author and
of the
14.-Vote (
Superv! ~r
This ,lUtion
Town Clerk to readertise for two (2) members
Committee.
n Board: Ayes: Councilman Moore, Justice Evans,
Councilman Townsend, Councilwoman Hussie,
in.
s ,duly ADOPTED.
· ' S
15 -Moved by Councilwoman Hussie, seconded by Justice .Evans, ~t wa
RESOLVED that :the Town Board of the Town of Southold hereby grants
permission to Cutchogue Fire Department to use Deport Lane and New
Suffolk Lane for their annual Halloween Parade to commence at 6:00 P.M.,
Friday, October 31, 1997, at the Cutchogu~ west elementary school,
provided they file with the Town Clerk a One Million Dollar Certificate of
Liability InsuranCe naming the Town of Southold as an additional insured.
15. -Vote of the ~'o~ Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman OhVa, COuncilman Townsend, Councilwoman Hussie,
Supervisor Coch~an~
This resolution ~vaS'duly ADOPTED.
? 16.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
~ '~ RESOLVED that ithe Town Board of the Town of Southold hereby sponsors
Todd F. Bryan~t to attend the Suffolk County Police Academy part-time
program, from October 27, 1997 through May 15, 1998.
1~6 .-Vote of the ~own Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Su pervlsor Cochran.
This resolution was duly ADOPTED.
OCTOBER 28, 1997
17.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, is was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1997 Police Department budget as follows: Tot
A. 3130.4. 400. 650
From:
Z.3157.4.600.300
Bay Constable $ 2,000.00
Vehicle Maintenance ~; Repairs
Juvenile Aide Bureau
Fishers Island Travel
17.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Ollva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
2,000.00
18,-Moved by Councilman Moore, seconded by Councilwoman Oliva,
WHEREAS, there has been presented to the Town Board of the Town of
Southeld, on the 28th day of October, 1997, a Local Law entitled, "A
Local Law in Relation to South Harbor Road"; now, ti~erefore, be it
RESOLVED that the Town Board hereby sets 8:05 P.M., Tuesday,
November 12, 1997, Southold Town Hall, 53095 Main Road, Southold, New
York, as time and place for a public hearing on this Local Law, which
reads a~ follows:
A Local LaW in Relation to South ttarbor Road
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
Chapter 92 (Vehicles & Traffic) of the Code of the Town of Southold is
hereby amended as follows:
Name of' Street Side
South Harbor Road Both
Between the
Hours of
10:00 p_.m.
and 6:00 a.m.
Location
In Southold, from the
guard rail northerly
for a distance of five
hundred (500)feet.
ti. This Local Law shall take effect upon its filing with the Seccetary of
State.
* Underline represents additions.
18. - Vote of the Town Board: Ayes:
Councilwoman Oliva, Councilman
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman Moore, Justice
Townsend, Councilwoman
Evans
Hussle,
19.-Moved by Justice Evans, seconded by Councilwoman Hussle, it was
RESOLVED' that the Town Board of the Town of Southold hereby grants
permission to the Board of Commissioners of the Fishers Island Ferry
District to accept the bid and enter into a contract with Machnlk Bros.,
Inc., Old Lyme, Connecticut, for repairs to the Fishers Island Ferry
District New London Terminal "MUNNATAWKET Ramp", at a bid price of
$17,500.00, all in accordance wlth the Plans and specifications prepared by
DOCKO, Inc. of Mystic, Connecticut.
19. - Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councihnan Townsend, Councilwoman HussJe,
Supervisor Cochran.
This resolution was duly ADOPTED.
20.-Moved by Councilwoman Oliva, seconded by Councilwoman HussJe,
A regu'lar meeting of the Town
Board of the Town-'of Southold,
in the County of Suffolk, New
York. was held at the Town
Hall, 53095 Main Road,
Southold, in said Town, on the
28th day of October, 1997.
PRESENT:
}{on. Jean W. Cochran, Supervisor
William Moore, Counci!person
Louisa Evans, Justice
Alice Hussie, Councilperson
Ruth 01iva, Coun~ilperson
Joseph Townsend, Councilperson
oc-ro R 397
In the Matter
of the
Increase and Improvements of Facilities of
the Southold Solid Waste Management
District, in theTown of Southold, in the
County of Suffolk, New York, pursuant to
Section 202-b of the Town Law.
-X
:
X
ORDER CALLING
PUBLIC HEARING
TO BE HELD ON
NOVEMBER 25, 1997
WHEREAS, the Town Board of the Town of Southold (herein
called "Town Board" and "Town", respectively), in the County of
Suffolk, New York, on behalf of the Southold Solid Waste
Management District, heretofore established and now existing in
the Town (herein called "District"), has determined to increase
and improve the facilities of the District at the estimated
maximum cost of $5,800,000, described as the capping and closure
of the Southold Landfill, in Cutchogue, in the District,
consisting of the installation of a geomembrane cap topped with
dirt and sand and finished wi~h asphalt surface on the 11 acres,
more or less, on the west side of the Landfill and the grading of
the 29 acres, more or less, of the east side to maximize run off
and the installation of a geomembrane cap covered with vegetative
supportive mulch and soil in compliance with the Stipulation of
Settlement entered into by the Town and the New York State
Department of Environmental Conservation; and
WHEREAS, the Town Board has given due consideration to
the impact that the capping and closure of the Southold Landfill
may have on the environment a~]d on the basts of such
consideration, the Town Board has found that no substantial
adverse environmental impact wi]:l be caused thereby;
Now, therefore, be it
ORDERED, that a meeting of the Town Board of the Town
be held at th~ Town Hall, 53095 Main Road, Southold, New York, in
the Town, on the 25th day of November, 1997 at 5:00 o'clock P.M.
(Prevailing Time) to consider said increase and improvement of
facilities at said estimated maximum cost of $5,800,000 and to
hear all persons interested in the subject thereof concerning the
same and for such other action on the part of the Town Board with
relation thereto as may be required by law; and be it,
FURTHER ORDERED, that the Town Clerk publish at least
once in "THE SUFFOLK TIMES," a newspaper published in Mattituck,
New York, and hereby'designated as the official newspaper of the
Town for such publication, and post on the sign board of the Town
maintained pursuant to subdivision 6 of Section 30 of the Town
Law, a copy of this Order, certified by said Town Clerk, the
first publication thereof and said posting to be not less than
ten (10) nor more than twenty (20) days before the date of such
public hearing.
DATED: October 28, 1997
OCTOBER 28, 1997
TOWN BOARD OF THE TOWN OF SOUTHOLD
/si Jean W. Cochran
Jean W. Cochran
Supervisor
/si William D. Moore
William D. Moore
Councilperson
Is/ Louisa P. Evans
Louisa P. Evans
Justice
/st Alice 3. Hussie
Alice J. Hussie
Councilperson
Ruth D. Oliva
Ruth D. Oliva
council person
(SEAL)
fsi Joseph L. Townsend, Jr.
Joseph L. Townsend, Jr.
Councilperson
Members of the Town Board of the Town of
Southold, New York
20.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
21 .-Moved by Councilwoman Hussle, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the following 1997 Budget modification to the Ceneral Fund Whole
Town to appropriate donated funds for the Tree Committee:
To:
Revenues
A2705.30 Gifts & Donations, Tree Committee $ 1925.00
Appropriations:
A8560.1t.~,00.200 Trees and Tree Maintenance $ 192B.00
21 .- Vote of the Town Boa rd: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, ' Councilwoman Hussle,
Supervisor Cochran.
This resolution was duly ADOPTED.
22.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permlssion to the Building Department to close their window from 3:00 P.M.
to ~:00 P.M., effective November 3, 1997, for a one month tri~l period, to
enable them to catch up on an excessive amount of paperwork.
22.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townse~d, Councilwoman Hussle,
Supervisor Cochran.
This resolution was duly ADOPTED.
23.-'Moved by Councilwoman Oliva, seconded by Councilwoman HussJe, it was
RESOLVED that the Town Board of the Town of $outliold hereby
reappoints the following individuals to the Southold Town Anti-Blas Task
Force, effective October 30, 1007 through October 30, 1999, they to serve
without compensation:
23.-Vote
Councilwoman Oliva, Councilman
Supervisor Cochran.
This resolution was duly ADOPTED.
Reverend Marvin Dozier, Chairperson
Mark Gagen
Sabrina Crenshaw
Joseph Mellender
Elizabeth Serkin
Ethel Singleton
Cynthia Kumelos-Smith
of the · Town Board: Ayes: Councilman
Townsend,
Moore, Justice Evans,
Councilwoman Hussle,
24.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that ~the Town Board of the Town of Southold hereby appoints
Merle P. Levlne, Linda L. Tatum, and Laverne Taylor as new members
of the Southold ToWn Anti-Bias Task Force, effective October 30, 1997
through October 30, 1998, they to serve without compensation.
2q.-Vote of the ltd: Ayes: Councilman Moore, Justice Evans,
Councilman Townsend, Councilwoman Hussle,
Supervisor CoChran.
This resolution was duly ADOPTED.
25.-Moved by Justice Evans, seconded by Councilwoman Oliva,
WHEREAS, Chapter 417 of the laws of 1997, State of New York, effective
immediately amends 458-a of the Real Property Tax Law, and is applicable
to assessment rolls filed on or after March 1, 1997, authorizes the Town of
Southold to increase the Veterans alternative exemption eligibility level
for a non-combat veteran, from the current 15%, at a maximum of $18,000,
to a new maximum of $27,000, and to increase the current combat veteran
exemption for an additional 10%, from $12,000 to a new maximum of $18,000:
and
WHEREAS, it is the desire of the Town Board of the Town of Southold to
increase such veterans benefit, to the full amount allowable pursuant to
Section 458-a of the Real Property Law, as provided by the laws of 1997;
and
WHEREAS, the next maximum for the veterans exemption will allow our
veterans to receive the full statutory exemption now allowable pursuant to
Section 458-a of the Real Property Law; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby grants,
effective immediately, the Alternative Veteran Exemption, to the full extent
allowable under state law applicable to the 1997 final assessment roll; and
be it
FURTHER RESOLVED that the Town Clerk be and she hereby is
authorized and directed to forward a certified copy of this resolution to
the ,5outhold Town Board .of Assessors, Town Attorney, and the Office of
the Real Property Tax Serwces for the County of Suffolk.
25.-Vote of the Town Board: Ayes: Councilman Moore, Justice EVans,
Councilwoman Oliva, Councilman Townsend, Councilwoman HussJe,
Supervisor. COchran.
This resolution was duly ADOPTED.
26.-Moved by Councilman Moore, 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 the
Management Plan for the Marratooka Lake Preserve, as prepared by The
Nature Conservancy, Long Island Chapter, for the 11-acre Preserve which
has been conveyed to the Town of Southold subject to the express condition
that it shall forever be held as a nature preserve for scientific,
educational, ecological, and aesthetic purposes; said plan all in accordance
with the approval of the Town Attorney.
26.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Ollva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
27.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Boa rd of the Town of Southotd hereby
reappoints the following individuals to the Goldsmith's Inlet/Kenny's Beach
Working Group, effective November 12, 1997 through November 12, 1998,
they to serves without compensation: ..
Councilwoman Ruth D. Oliva, Chairperson
Edward Seidman, resident of Peconic Shores
Donald Stanton, resident of Kenny's Beach
John Holzapfel, Southold Town Trustee
Wllllam Dale-/, Chief, Coastal Manageme~t, NYS-DEC
Lou Chlarella, NYS-DEC, Stony Brook
Richard LaValle, Chief Engineer, Suffolk County DPW
Fred Anders, Division of Coastal Resources, NYS Dept. of State
27. - Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle,
Supervlsor Cochran.
This resolution was duly ADOPTED.
28.-Moved by Councilman Townsend, seconded by Councilwoman Oliva,
WHEREAS, there haS. been presented to the Town Board of the Town of
Southold, on the 28th day of October, 1997, a Local Law entitled, A Local
Law to Revise Business Uses"; now, therefore, be it
RESOLVED that the Town Clerk be and she hereby is authorized and
directed to transmit this Local Law to the Southotd Town Planning Board
and the Suffolk County Planning Department for their recommendations and
reports, all in accordance with the Southold Town Code and the Suffolk
County Charter. Said Local Law reads as follows:
A Local Law to Revise Business Uses
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) is hereby amended as follows:
1. Section 100-81.A Limited Business District (LB) (Use
regulations) is hereby amended as follows:
A. Permitted uses
~ ~ ~ Any_percnitted-use-as-set-ferth-in-and-~e~julated-bY
the_A~jr~itaml_Censervetien_Dist~iet_e~c,~el~t-wine~ie s, whieh-shall
be~as-set-ferth-4n~Subseetier~A(2)(i)-belew.
(1) The followin.q uses are permitted uses without site plan
approval by the Planning Board:.
(a) Agricultural operations and accessory uses thereto as set forth
in and re.qulated by ,~100~-31.
(b) Buildings, structures and uses owned or operated by the Town
of Southold, school districts, park districts and fire districts.
(c) Dwellings, one-family detached, not to exceed one (1) dwelling
on each lot.
(2) The fo Iowin.q uses. are permit_ted uses subject to site plan
approval by_the Plan~i_n.q Board: '
(a)-Retail- businesse~eem~lementary-te.the~ural-and' hieterie
6haraCter--ef-the-surreundin~-arear-limited-te-the-fellewin~:
[.l.}.Anti~tue~-aH-and-6~a ft- shops-and -galleries.
[2]_(;;ustem-worksheps~nd-maehine~sheps.
[4]-l=ibraFtes-er-museums.
(e)q:~aner~Phemes.
(.d~RestaurantST-, exe. ept-drive-in.-restaurante.
(.e)_Per_senal-ser-viee-steres-and-sheps~-in61uding-barbersh(;ps,
beaut, Y-t~ar. lerst-erefessienal-studies-an~ravet-ageneies.
(a) Bed-and-breakfast uses as set forth in and as regulated by .~
1.00-31.
(b)-Repair-sheps.-fer-~heuseheld,- busines~er-persenal-al~tglian6es,
in61udin~t.-eabinet-sheps~ Carpenter shops, electrical shops,
plumbing shops, furniture repair shops and bicycle shops-and
metereyele-sheps~-landseaping~nd-ether-ser:vi~e-busine.~se~
(c) Garden Materials, Wholesale or retail sale and accessory..
stora,qe and display materials and plants, including nursery
operations, provided that the outdoor storage or display of plants ..
and materials does not obstruct pedestrian flow Or vehicular traffic
and does not occur within three (3) feet of the property line.
(d) Professional and business offices.
(e) Wineries wl~ich meet the following standards:
[1] Wineries shall be a farm winery licensed under New York State
law from which wine made from primarily Lon.q Island grapes is
produced and sold.
[2] Wineries shall have retail sales on site.
(f) Wholesale and warehousing.
2. Section 100-81.B Limited Business District (LB) (Use
regulations) is hereby amended as follows:
B. Uses permitted by special exception by the Board of Appeals.
The following uses are permitted as a special exception by the
Board of Appeals as hereinafter provided and are subject to site
plan approval by the Planning Board:
61-}-AnY-Slge eiaPe~<6e p(ien-u se-as-set-fer~h-ir~and-4~egula~ed-bY~
-100-31 B.ef-[he-Agrigultural-C en~ervatien-Distri~t~-e~<6ept-that
wine~ies~re~e~e~uired-te-~e-in-6enne6tiemwith~viReyard, ~n~
~ep~ed~n~eakfasts.
(1) Apartment, One (1) accessory, ir] an existin~ one-famil~
dwelling, subject to the restrictions in ~100-31.
(2) Beach clubs, tennis clubs, country clubs, .qotf c'iubs, public golf
courses and annual membership clubs catering exclusively to
members and their guests and accessory pla¥.qrounds, beaches,
swimmin.q pools, tennis courts, recreational buildings and
maintenance buildings, subiect to the restrictions in §100-31.
(3) Cemeteries where accessory to a place of worship only.
(4) Dwelling, two-family, not to exceed one (1) such dwelling on
each lot.
OCTOBER 28, 1997
(5) Historical society.
(6) Nursery schools.
(7) Places'of worship, inc ud n.q parish houses (but excludin.q a
rectory or parsona.qe, which shall conform to the requirements for a
one-family dwe lin.q), subject to the restrictions in §100-31.
(81 Private elementary or high schools, co e.qes and other
educational institutions, subject to the restrictions n ,~100-31
(9) Public utility r .qhts-of-way as well as structures and other
installations necessary to serve areas within the town, subiect to
the restridti°nsin .~100-3t.
(10) Stables and riding academies;
(11 ) Veterinarian's offices and: animal hospita s, subiect to the
restrictions in ~100-31.
3. Section 100-81.C Limited Business District (LB) (Use regulations
,s hereby amended as follows:
C. Accessory uses. The following uses are permitted as accessory
uses and, except for residential accessory uses and si.qns, which
are .qoverned by. Article XX, are subiect to site plan review:
b" §$90 31-6
~hmugb(8).~nd-{~8)-ef-Ag~ieultural-CenseCvatien-Dist¢ie~-and
subject te-lh~i~en~se~e~h-in-~9¢ 334~ree~
(1) Any customaw structures or uses which are customarily
incidental to the principal use, except those prohibited by this
chapter.
(2) Boat dockinq facilities for the docking, mooring or.
accommodation of noncommercial boats, as set forth in and
restricted by §100-31.
(3) Garden house, toolhouse, storage building, playhouse, wading
pool, swimrnin.q pool or tennis court incidental to the residential use
of the premises and not operated for ga_in, subiect to the
restrictions' in §100-31·
(4) Home occupation as set forth in and restricted by § 100-31·
(5) Horses and domestic animals other than household pets,
provided that such animals shall not be housed within fody (40)
feet of any lot line. Housing fOr flocks of more than twenty-five (25)
fowl shall not be constructed Within fifty (50) feet of any line.
(6) Garages, Private, provided, however, that not more than two (2)
passen.qer autdmobile spaces in such .qara.qes may be leased to
persons not resident on the premises,
(7) Off-street parkin~q spaces accessory to uses on the,premises..
Not more than four (4) ofFstreet park_in.q spaces shall be permitted
within the minimum front yard.
OC-TOBER 28,
1997
(8) The storage of either a boat or travel trailer owned and used by
the owner or occupant of. the premises on which such boat or travel
trailer is stored, for his personal use, subject to the restrictionsin
,~100-31.
(9) Wineries may have an accessory gift shop on the premises
which may sell. items accessory to wine, such as corkscrews, wine..
glasses, decanters, items for the storage and display of wine,
books on winemakin.q and the region and nonspecific items bearing
the insi.qnia of the winery. Wineries may not have a commercial
kitchen as an accessory use but may have a noncommercial
kitchen facility for private use by the employees.
4,' Section.100-91 .A Hamlet Business District .(HB) (Use
regulations) iS hereby amended as follows:
A, Permitted uses.
(-l.)VNny-F)ermittedu~e-set.forth in-anc-l-regul~tecl'bY-§r10c)-;31 (A).~nd
(.;~)-~f-the-AgriGultural-(~enservatien .District.
~ny~e~mi~te~ uses-as-se~-ferth-in~an~-as..regulate~ ~y
~180~4~2)~f4he.-HamlebResidential-.Dis[ri6L
(1) The following are permitted uses without site plan approval by
the Planninp Board:
(a) Bed,and-breakfast uses as set forth in and as regulated b~
~100-31.
(b} Buildings, structures andused owned or operated by the Town
of. Southold, school distr[cts,..park districts and fire districts.
(c) Dwelling,one-family detached, not to exceed (1) dwelling on
each lot.
(d) Dwelling, two-family._
(2) The fo Iowirf.q are permitted uses subject to site plan
approval by the Planning Board:
(a) Apartments ~T~ay be permitted over retail stores and business.
professional' and governmental offices, subject to the following
requirements:.
(1) The explicit written approval of the Town Fire Prevention
Inspector shall be obtained for the design, location, access and
other safeW-related elements of every such apadment. No
apartment shall be permitted over filling stations, stores retailing
flammable or fume-producina floods, restaurants or other
businesses with kitchens or other facilities producing intense heat
or any other establishment which the Fire Prevention Inspector
determines to pose a greater-than-average built-in fire risk.
(2) The habitable floor area of each apartment shall be at least four
hundred fifty (450) square feet, but in no case more than seven
hundred fifty (750) square feet. The apartment shall not be located
on the first floor of the building, and the apartment s~iall contain all
services for safe and convenient habitatiOn, meeting the New York
State Uniform Fire Prevention and Buiidin.q Code and the Sanitary
Code.
OCTOBER 28, 1997
(3) There shall be no more than three (3) apartments created or
maintained in any single building.
(4) Each apartment1 or common hallway servicing two (2) or three
(3) apartments, shall have a separate access to [he outside of the
buildin,q~ which must be distinct from the access to uses on the first
floor.
(5) Each apartment shall have at least one (1) On-Site off-street
parkin.q space meeting the standards of this chapter, conveniently
located for access to the.apadment.
('6) Only the owner of the building in which it is proposed to locate
the apartment(s) may apply for this special permit. The Board of
Appeals shall require that such applicant execute ~such
agreements, contracts, easements, covenants, deed restrictions or
other legal instruments running in favor of the town as, upoq
recommendation of the Town Attorney, the Board shall determine
to be necessary: [o e~sure
[al The apartment, or any proprietary or other interest therein, will
not be sold to the tenant o¢ any other partw except as part of a sale
of the entire building in which the apartmen:t is located,
[bi The apartment is made available for year-round rental.
icj The apartmenl is properly constructed, maintained and used,
and unapproved'uses are excluded therefrom.
id] Any other condition deemed reasonable and necessary tO
ensure the immed, iate and long-term success of the apartment in
helping to meet identified housing needs in the~communtty is
complied with.
(b) Art, antique and auction galleries.
(c) Auditoriums or meetin.q halls.
(d) Bakeshops (for on-pcemises retail sale).
(e) Banks and financial institutions.
(f) Boardinqhouses and tourist homes.
(.q) Bus or train stations.
(h) Business, professional and governmental offices.
(i) Health care, continuing care and life care facilitiesl but excluding
facilities for the treatment of all types of drug addiction, subiect to
the requirements of ,~I00-31.
Conference facility.
(k) Day care fprimarv).
(I) Dry cteanin.q store.
(m) Farmer's market.
OCTOBER
28, 1997
405
(n) Fitness and exercise studios.
(o) Fraternal or social institutional offices or meetin.q halls.
(p) Funeral homes.
(q) Garden materials, wholesale/retail sales.
(r) Church/house of worsl~p_.
(s) Historical society.
(t) Libraries.
(u) Laundromats,
(v) Museum.
(w) Nursery school.
(x) Philanthropic, eleem_o__sy_~a_r_y or re.li_qious institutions.
(y) Personal service stores and shops, inc ud n.q barbershops,
beauty parlors, professional studios and travel a.qencies.
(z) Repair shops for household, business or personal appliances.
includinq cabinet shops, carpenter shops, electrical shops,
plumb~n.q shops, furniture repair shops and bicycle shops.and
meter~y~e sheps.
(aa) Restaurants, e_xcluding_formula food and take-out restaurants.
(bb) Retail stores.
(cc) Theaters or cinemas (other than outdoor)..
(dd) Workshop_s, Artists' and craftsmen's.
(ee) Workshops, Custom,
5. Section 100-91.B (Use regulations) Hamlet Business (HB)
District is hereby amended as-follows:
B. Uses permitted by special exception by tile Board of Appeals.
The followin.q rises are permitted as a special exception by the.
Board of Appeals as hereinafter provided, subiect to site plan
approval by the Planning Board:
(-1-)-Any speeial-exeeptien-use-set-forth-in~and'as-regulated-by
~4;;)(;;) 3 !B(3)-te-(6)-an~l-(-13)-an~-(-14)-efJhe~Ag~ic=ulturaP
6e~ser. vatien Distri6t.
(2) Nur-sew--s6heels--
(4)-Multi~le dwe Iling.~an~l-4ewnhe uses.
OCTOBER 28, 1997
(1) Accessory apartment (one) in an existin,q one,family dwellin.q as
set forth in §100-31.
(2) Annual membership club.
(3) Boarding and/or tourist homes as set forth and regulated by
§100~61B(5) of the Resort Residential (RR) District.
(4) Commercial Recreation facility,.
(5) Drinking establishments.
(6) Funeral homes.
(7) Flea markets.
(8) Gara.qes, Public, a_s set forth in an_d as requlated by §100-101B.
~9) Gasoline service station as set forth in and as re.qulated b~
§100-101B.
(10) Motel and hotel uses as set forth in and regulated by ,~ 100:
61B(4) of the Resort Residential (RR) District, except that minimum
lot size shall be three (3) acres.
(11) Private elementary or hi.qh schools, colle,qes, and other
educational in stitutions subj_ect to the restrictions set fodh in §100-
31.
(12) Public utility ri.qhts of way as well as structures and other
installations necessary to serve areas within the town as set forth
in §100-31.
(13) Multi_p_telrow_.[.t_o.w_n../_a_t~..a_g_h_e-d d.w__elJ.ij~s_.
(14) Parking lot
(15) RestauranLs_,_!¢_keout and formula food, subiect to the fotlowin.q
requirements:
(a) Adequate parking shall be provided in accordance with that
required by Article XIX, Parkin.q and Loadin.q Areas, of this chapter:.
All parking spaces shall be located within reasonable walkin.q
distance of the site or three hundred (:300) feet, whichever is less.
The improvement or development of municipal parMng may be
used to satisfy this requirement. The adequacy of municipal
parking shall be determined by the Planning Board,as part of its
site plan review procedure by conducting a parkin,q survey of the
capacity of the existing municipal parking area to accommodate the.
proiected increase in usage due to the introduction of the subiec.t.
]and use.
(b) An assessment of the potential traffic impacts of the proposed
use must accompany th_e lonq environmental assessment form..
The appropriate miticlation measures must be incorporated into the
site pla.ri....
(c) There shall be no counter servin.q outdoor traffic via a drive-irt,
drive-through, drive-up, drive~-bY or walkup window or door.
OCTOBER 28, 1997
407
d) Exterior si.qna.qe shall conform in all respects to Article XX,
i.qns, of th s Chapter and, further, may not be lit from within.
(e) Advertisements, including trademark Io.qos, may not be affixed,
painted or .qlued onto the windows of the business or onto any
exterior structures, includin.q waste disposal receptacles and flags.
(f) The physical desi.qn, including color and use of materials, of the
eStablishment shall be compatible with and sensitive to the visual
and phySical characteristics of other buildings, public spaces and
uses in the padicular location.
(16) Terminal/bus or truck.
6. Section 100.91.C (Use regulations) Hamlet Business (t-lB)
District is hereby amended as follows:
C. Accessory uses. ]-he following uses are permitted as accessory
uses and, except for residential accessory uses and signs, which
are subject to Article XX, are subject to site plan review:
(!) Acceasor'c-use$-as-set-fe~lh-i~-an~Lre~julate~l.-by § l~g 3! G(-1~-
through-(-7) of-theC, gr4oultural-Gonservatior+-Di~tr~¢t. ~n~l-subjeot-to-
the co~itions-set-ferth-in~z'j-l-00-33--th ereef.
(1) Any customary structures or uses which are customarily
incidental to the principal use. except those prohibited by this
chapter.
(2) Garden house, toolhouse, storage building, playhouse, wadin.q
pool, swimming pool or tennis court incidental to the residential
useof the premises and not bperated for .qain as set forth in §100-
31.
(3) Home occupation, inctudin.q home professional office and home
business office as set forth in §100-31.
(4) Off-street parking spaces accessory to uses on the premises.
Not more titan four (4) off-street parking spaces shall be permitted
within the minimum front yard.
(5) Private para.qes; provided, however, that not more than two (2)
passenqer automobile spaces in such garages may be leased to
persons not resident on the premises.
(6) The storage of either a boat or travel trailer owned and used by
the owner or occupant of the premises on which such boat or travel
trailer is stored, for his personal use _as set forth in §100-31.
7. Section 100-101.A General Business District (B) (Use
regulations) is hereby amended as follows:
A.' Permitted uses.
1. Ar~y permitte~l-use-set-ferth-in-an~t-re~tulate(l-by-~l-0931A(-2)
(3) of th~grioultural-~onee~ation-DistHot.
2. An~ermitted~se~e~fodh-i~and~regulated-by-~-~OQ-9-1A~)~te
6~) o~e~amle~SusineesDistriet.
OCTOBER 28, 1997
(1) The followin.q are permitted uses without site plan approval by
the Planning Board:
(a) Agricultural operations and accessory uses thereto uses as set
forth in and.as regulated by ,~100-31
(b) Buildin.qs, structures and uses owned Or operated by the Town
of Southold, school districts, park districts and fire 'districts.
('2) The followin.q uses are permitted uses and are subiect to site
plan approval by the PlannLn.q Board_.'
(a) Apartments over retail stores & offices as re.qulated under
§100~91.
(b) Art, antique and auction galleries.
(c) Auditoriums or meeting halls.
(d) Auto repair shop.
(e) Bakeshops (for on-premises retail sale).
(f) Banks and financial institutions.
(,q) Bed-and-breakfast uses as set forth in and as requlated by.
§100-31B.
(h) Boardin.qhouses and tourist homes as set forth and regulated
by §100-61B(5) of the Resort Residential (RR) District..
ti) Business, professional and_gpvernmental offices.
ti) Buildin¢~, electrical and p_l_u_mbin.q contractors' businesses or
yards.
(k) Bus or train stations.
(I) Cold storage plants, baking and other food processing and
packaging plants that are not offensive, obnoxious or detrimental to
neiahborin~ uses bv r.e_ason qf__dq.st, smoke, vibration, noise, odor.
or effluent.
tm) Commercial Recrea_[ion f_&cilit,L, fully enclosed.
tn) Conference facility_.
(o) Day Care (Primary)=
(p) Dry cteanin.~ store.
(q) Farmer's market.
(r) Food catering.
ts) Fraternal/Social institution or meetin.q hail (non-profit).
(t) Funeral homes.
{u) Garden Materials; Wholesale or retail sale and accessory.
storage and display of supplies and plants, including nursery
operations, provided that the outdoor storage or display of plants.
and materials does not obstruct pedestrian flow or vehicular traffic
and does not occur within three (3) feet of the property line..
(v) Health care, continuing care and life care facilities, but
excluding facilities for the treatment of all types of dru.q addiction.,
Subiect to the requirements of ~ 100-31.
(w) Historical Society.
(x) Laundromats.
(y) Libraries
(z) Museums,.
(aa) Nursery School.
(bb) Personal sew. ice stores and shops, including
barbershops,beauty parlors, professional studios and travel_
agencies..
(cc) Philanthropic, eleemosynaw or religious institutions.
(dd) Repair shops for household, business or personal appliances,
including cabinet shops, carpenter shops, electrical shops,
plumbing shops, furniture rep_air shops and bicycle and motorcycle.
shops.
(ee} Restaurants, excluding formula food and take-out restaurants.
(fi) Retail stores.
(~q} Telephone exchanges..
(hh) Theaters or cinemas (other than outdoor).
(ii} Train or bus stations.
fii) Transportation services.
(kk) Wholesale businesses, warehouses and building material
storage and sale, but excludinp ~t'orage of coal, coke, fuel oil or
junk.
(11) Wholesale/retail beverage distribution.
(mm) Wineries as set forth and reclulated by §100-81..
(nn) Workshops., Artists' and craftsmen's.
(oo) Workshops, Custom.
8. Section 100-101.B General Business (B) District (Use
regulations) is hereby amended as follows:
· 4 ::0 OCTOBEr',
B. Uses permitted by special exception by the Board of Appeals.
The followin.q uses are permitted as a special exception by the
Board of Appeals, as hereinafter provided, sublect to site plan
approval by the Planning Board:
t~,j~ Any~sF~eeial-exeeptien-use-a.~set-- fo~-lh Jn-a nd-re~,ulated-lay-~
-l-gO~:l-B(2)-te-(-1-2-),-exeept-winerie s.-are-not-re~luire~t--le-be- n
eenneotien-wit h-a-vineyar~l.
($).Sed-and-breakfast. enterr~rises-or-bearding andlor-teuris~ homes
es set-feC~-ip,-ar~d-regulate~l-by-~3-1Og~-1-B(-14)LefJheC, grisult u Cal-
(;;e~eepcatio~Disbis~ez-se pt--that-no-sit e-F~lan-apl~ovalJs~re~luire~t.
(4-)-'l:ou r4 st camps-as-feB utale(l-.by~ghal~ter- 88;-T-ourie~.~=qn~ -:l:railer-
Getups, of-lhe-T-ewmge~le.
(25)-St-ables
(1) Beach clubs, tennis clubs, country clubs, .qotf clubs, public .qo!(
courses and annual membership clubs catering exclusively to
members and their guests and accessory playgrounds, beaches,
swimmin.q pool§, tennis courts, recreational buildings and
maintenance buildinqs, su_biect to the restrictions in §100-31.
(2) Car wash.
(3) Cemeteries where accessory to a place of worship only·
(4) Commercial recreatio_n _f_a_cilitie_s_~._f._u.!t_y enclosed.
(5) Drinkinq establishments.
(6) Flea markets.
(7) Hotel or motel uses as set forth in and regulated by .~ 100-
61B(4) of the Resort Residential (RR) District, except that the
minimum lot size shall' be three (3) acres.
(8) Gasoline service stations, Public .qara.qesl Car dealerships
~ew-a~Puse~t~meter-vehi~le-lot~ Vehicle rental, inolu~lin~-the-sale
of-ce~reatior-~-vehi~le~an~l-t~ailecs-an~l-boat-salee, and accessow.
repair facilities, all subject to the fotlowin.q requirements:
(a) Entrance and exit driveways, shall have an unrestricted width of
not less than twelve (12) feet and not more than thirty (30) feet a.nd
shall be located' not less than ten (10) feet from any properly line
and shall be so laid out a_s_ to avoid'the necessity of any vehicle
backin.q out across an~Lp__u_b_lic ri~cjht-of-wa.~.
(b) Vehicle lifts or pits, dismantled automobiles, boats'and vehicles
and all parts or supplies shall be located within a buildin.q.
(c) All service or repair of motor vehicles, other than such minor
servicing as chan.qe of tires or sale of gasoline or oil, shall be
conducted in a building.
(d) The storage of .qasotine or flammable oils in bulk shall be
stored in approved containers and not less than thirty-fiVe (35) feet
from any pr_operty line other than the street line.
OCTOBER 28, 1997
.(e) No gasoline or fuel pumps or tanks shall be located less than
fifteen (15) feet from any street or property line.
(f) No .qasoline service or repair shops or similar businesses are to
be located within three hundred (300) feet of a church, public
school, library hosp_ital, orphanage or rest home.
(9) Gasoline service stations, Partial self-service, subiect to all of
the provisions of ,~100-101B(8) herein and the following
additional requirements:
(a) Each partial self-service .qasoline facility shall have a qualified
attendant on duty whenever the station is open for business. It
shall be. the duty of the qualified attendant to cor~trol and o,oerate
both the console requlatin.q the flow of .qasoline to the dispensing
equipment, thereafter to be operated by the customer at the self-
service pump island and the dispensin.q_e~pment on the other
pump islands.
(b) Gasoline shall'at no time be dispensed without the direct
supervision of the qualified attendant. A control shall be provided
whiCh will shut off the flow of ,qasoline to the dispensing equipment
at the self-service pump island whenever the qualified attendant is
absent from the control console for any reason whatever, including
when he is operating the dis_p__ensing_equipment on the other pum-o
islands.
(c) The console requlating the flow of gasoline to the remote
disPensing equipment thereafter operated by the customer at the
sel¢-service pump island shall be situated in such a manner as to
give the qualified attendant,controlling said console an
unobstructed view of the operation of said remote dispensin.q
equipment.
(d) :The self-service pump island shall have controls on all pumps
that will permit said pumps to operate only when a dispensing
nozzle is removed from its bracket on the pump and the switch for
this pump is manually operated:
(e) The self-service pump island shall be protected by an automatic
fire-protection system in the form of an approved system of dry
powder release which will act as an automatic fire extinguisher.
(f") No customer~ shall be permitted t_o di~j:)ense gasoline unless he
shall possess a valid motor vehicle operator's license.
(g)' There shall be no latch-open device on any self-service
dispensing nozzle.
(t0) Laboratories, Research, design or development, provided that
any manufacturi0g shall be limited to prototypes and products for
testing..
(11) Nursery schools.
(12) Parking lot..
(13) Places of worship, includin.q parish houses (but excludin.q a
rectory or parsonage, which shall conform to the requirements for a
one-family dwelling)~_subiect to the restrictions in §100-31.
OCTOBER 28, 1997
(t4) Private e ementary or hi.qh schools, co e.qes and other
educational institutions, subiect to the restrictions in 6100-31.
(15) Public utility ri.qhts-of-way as well as structures and other
installations necessary to serve areas within the town, subiect to
the restrictions n §100-31.
(16) One-family detached dwellinqs, not to exceed one (1) dwelling
on ~ach lot.
(17) Restaurants. Formula food located within a shopping center in
this zone,-subiect to the follow n.q requirements.:
(a) There must be sufficient parkin,q as provided for by the Article
XIX; Parkin,q and Loadin.q AreaSi: of thfs Chapter, and such parkin.q
area sha be avai able withinithe.~hoppin.q:center site to
accommodate the use,.
(b) The operation of the establishment shall not create traffic
problems.
(C) There shall be no counter servinq outdoor traffic via a drive-in,
drive-throu.qh, drive-up, drive-by or a walkup window or door.
(d) Exterior s .qna.qe shall conform in all r, espects to Article XX,
Si.qns, of this chapter and, fudher; may not be lit from within.
(e) Advertisements, ncluding trademark Io.qos~ may not be affixed,
painted or .qued onto the windows of the business or onto any.
exterior structure, inc. udin.q waste disposal' receptacles and fla.qs.
(f) The si.qna.qe must conform to_ the existing color theme and
sic]na_qe style of the shopping center.
(.q) The existin~ exterior architectural style of the shopp~i_n.q center
build n.q may not be altered or modified in any way tq
accommodate the proposed use,.
(h) The use must be located within the shoppin.q center's main
primaw bu Idin.q complex and may not be located within a sinqle
freestand n.q struc_ture _w_ithi_n the sh_op_p n.cL.c._enter site.
(1'8) Restaurants, Take-o_ut, provided that eatin.q on the premises
of the take-out restaurant sha[bbe~p_ermitted only inside the
structure or n areas specifically desi.qnated and properly
maintained outside of the structure and where the m~n~mu lot size
for a freestandin.q__s, truc~_ure is forty tllousand f40,000) square feet.
(19) Terminal/bus or truck.
(20) Transportation service, Priy_at_e, includin.q .qara.qe and
maintenance facilities.
(21) Veterinarian's offices and animal hospitals, subiect to the
restrictions i? §100-31.
9. Section 100-101 .C General 'Business (B) (Use regulations) is
hereby amended as follows:
OCTOBER 28, 1997
C. Accessory uses. The following uses are permitted as accessory.
uses and, except for residential accessory uses and signs, which
are .qoverned by ArtiCle XX, are subject to site plan review:
(1) Acceseew-use~--set-fer~h in-an~t-as-regulated by-§!00 3!
threugh-(8)-an~l-(-1O)-of-the-A6jri6ult(-~ral-eense~vatien-Distri6t,
subjeet-te-the-¢en~litiens-set~,fe~h4r~ §.100~3-thereef.
(1) Any customary structures or uses which are customarily
incidental 't° the Principa use.-e~(6el~tLthese-p~ehibited-bY-this
ehal~ter=.
(2) Boat docking facilities for the docking, moodn.q or
accommodation of noncommercial boats, subiect'to the restrictions
in §100-31.
(3) Garages, Private, provided, however, that not more than two (2)
passen.qer automobile spaces in such .qara~qes may be leased to
persons not resident on the premises.
(4) Garden ho~'se, toolhouse, storage building, playhouse, wading
pool, swimmin.q pool or tennis court incidental to the residential use
of the premises and not operated for gain, subiect to the
restrictions in §100-31.
(5) Home occupation as restricted in §100-31.
(6) Horses and domestic animals other than household pets,
provided that such animals shall not be housed within forty (40)
feet of any lot line. Housing for flocks of more than twenty-five (25)
fowl shall not be constructedwithin fifty (50)feet of any line.
(7) Off-street parking spaces accessory to uses on the premises.
Not more than four (4} off-street parkin.q spaces shall be permitted
within the minimum front yard.
(8) Open stora.qe of rnaterials or e. quipment, provided that such
storage shall be at least twenty-five (25) feet from any lot line, not
be more than six (6) feet hi.qh and be suitably screened by a solid
fence or other suitable means of at least six (6) feet in hei.qht.
(9)The storage of either a boat or travel trailer owned and used by
the owner or occupant of the premises on which such boat or travel
trailer is stored, for his p_e_rsonal u se, sU_b. ject to the restrictions of
~100-31.
(10) Wineries may have an accessory .qift shop on the premises
which may sell items accessory to wine, such as corkscrews, wine
glasses, decanters, items for the storage and display of wine,
books on winemakin.q and the region and nonspecific items bearing
the insi.qnia of the winery. Wineries may not have a commercial
kitchen as an accessory use but may have a noncommercial
kitchen facility for private use by t_he employees.
11. This local law shall take effect upon the filing with the Secretary of State.
Underline represents additions
Strikethrough represents deletions
OCTOBER 28, 1997
28.-Vote of the ToWn Boa rd: Ayes:
Councilwoman Oliva, Coun&ilman
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman Moore. Justice Evans,
Townsend, Councilwoman Hussie,
2:9:.rMoved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED' that the Town Board of the Town of SouthOld hereby engages
the services of Nelson, Pope & Voorhls, LEg, at a, cost not to exceed
$1,165.50, to prOvide Environmental Review Services to the Town of
Southold with regard to a proposed "Local Law to Revise Business Uses".
29.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman ' Oliva, 'Councilman Townsend, CouncilWoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED,
30.-Moved by Councilwoman Hussle, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby rejects
the bid of KJB InduStries, Inc., Rlverhead, in the amount Of $27,595.00,
for the construction of stairs and landings at the end of Rocky Point Road.
East Marion; and be it
FURTHER RESOLVED that the Town Board hereby authorizes and directs
the Town Clerk to readvertise for bids to construct a fl fi, wide timber
stairway to the beach at the end of Rocky Point Road, East Marion, New
York, all in accordance with the the NYS-DEC Permit,
30. -Vote of the Town Board: Ayes: Councihnan Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman I-tussle,
Supervisor Cochran;
This resolution was duly ADOPTED.
31.-Moved by Councilman, Moore, seconded by Councilwoman Oliva,
WHEREAS. there was presented to the Town Board of the Town of
Southold, as the l~.th day of October, 1997, a Local Law entitled. "A
Local Law in Relation to Wireless Communication Facilities"; and
WHEREAS. this Local Law was referred to the Southold Town Planning
Board and the Suffolk County Department of Planning for recommendations
and reports; ' now, therefore, be it
RESOLVED that the Town Board hereby sets 8:00 P,M,, Wednesday,
November 12, 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 Wireless Communication Facilities
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zonir~g) of the Code of the Town of Southotd is
hereby amended as follows:
1. Section 100-13 (Definitions) is hereby amended as follows:
BUILDING - Any strudure having a roof supported by such
things as columns posts, piers, walls or' air intended for the
shelter, business, housing or enclosing of persons, animals,
property or other materials; also any combination of materials
forming any construction, except where entirely underground
so as to permit the use of the ground above the same as if
no "building" was present. The term "buildin¢ shall include
the term "structure" as well as the following:
(1) Signs.
(2) Fences.
(3) Walls.
(4) Radio, television, receive-only satellite dish antennas,
amateur radio antennas and wireless communication facility.
receiving and transmitting antennas, 'except for 'radio. and-
television, such receive-only satellite dish antennas._
amateur radio antennas installed on the roof of a building
and extendin9 not more than twenty (20) feet above the
highest level of the roof of such building.
(5) Porches, outdoor bins and other similar structures.
OCTOBER 28, 1997
'WIRELESS COMMUNICATION FACILITY. A wireless
communication facility is any unstaffed facility for the transmission
and/or reception of wireless telecommunications services usually
consisting of an wireless communication facility array, connection
cables, an equipment facility, and a support structure to obtain the
necessary elevation. The suppod structure is either a buildip.q,
telecommunication tower, or other ap_p_rov, e_d structure.
WIRELESS COMMUNICATIONS. Wireless communications shall
mean any personal 'wire ess services as defined in the
Telecommunications Act of 1996, which includes FCC licensed
commercial wireless telecommunications services including cellular;
telephone services, personal communication services, specialized
mobile radio, enhanced specialized mobile radio, paten.q, and
similar services that c.urrently exist or that may in the future be
developed..
TELECOMMUNICATION TOWER, A telecommunication tower is a
type of wireless: communication facility designed and constructed
specifically to support an anlenna arra~ and may include a
monopole; .sAIf-suj;)_p_o_rt_~_q tower, .q~J_y~wire su_EP_grt tower and other
similar structures. A wireless communi, cation facility attached to an
existin,q building or structure shall be excluded from this definition.
2. Article XVI is hereby added and shall be 'entitled "WIRELESS
COMMUNICATION FACILITIES."
3,~ Section 100-160. Purpose is added as follows:
of this article.to minimize the visual and
reless communication facilities while
citizens and
'ders to meet their technological and
This article allows wireless communication
~ telecommunication ~towers, to be
pin.q with the Town's existin.q zoning
size and spacing
Furthermore, the standards herein
that wireless communication facilities
in industrial areas and (2) that wireless
facilities_ be located on exis.tin~q buildir~gs and
than on newly constructed towers. Any wireless
;t take into account the aesthetic aspects
byways and historic
Section 100;161. Scope is added as follows: .-
The ?.qulations of this section shall govern and control the
ereCtiOn, enlargement, expansion alteration operation,
maibtenanCe, relocation and removalOf ail Wi~eless
(~orfifn~nicadOn facilities. The re.qulationS of ~his section relate, to
theiibSation and d~$i.qn of these facilities and; Shall be in addition to
theprOvisions of the Southold Building and Zoning Codes and any
O[hb~' FedeX'al, State or Local Laws or'Federal;Communication
Commission (FC_C) re.qu, lationsj~_erta n nq to =such facilities.
OCTOBER 28, 1997
5. Section 100-162. 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 including AC, R80, R40,
R120, R200, R400, AHD, HD; RR, RO; MI', and. Mil, a wireless
communication facility is subiect to site plan approval and must
me'et the'following requirements.
(1) Wireless Communication Facility on Bu Idin.qs - Shall require a
special exception approval pursuant to this .article..' Wireless
communication facilities'on buildingS shall be nb higher than ten
feet above theavera.q~ :hei.qh[ of t:Juildin,qs (exclUdinq signs,
fenceS'; arid walls) within 300 feet of thepf0Posed fac lity The
buildin.q on which the Wireless__Communication Facility is located
.must be tocated at least one hundred feet (100) from the
nearest, prOPerty line ~nd three hundred feet~ (_30~0') from any
landmafkProperty: Or di~,triCt ils(ed by federal, state or town
a.qenci~s.
Wireless:communicatiOn facilities'on Exi'Stin'.q -
ecommunicationS:Towers, shall require a sPecial exception
~rsuant to this ~ss otherwise allowed by the
~?(3) Wireless Communication Facility on Telecommunications
Towe~s- Shall require spec al exCePtion appr°~al pursuant to this
article and shall
and Walls)
; are no
tittles shall not
are no
facility
~nse
ctions. The base
from
feet from a ·
~ or town
(4) A wireless commun~
not
been
ed
be
(5) A Wireless communicati, i~ facilitiesI is .a,'permif~ted use, not.
reqbirin'.q site plah apprOVal if !~c~ted IOn: 'property owned, leased
or"0th~.~se ~°ntr011ed: biy ~ special! df.§trici,' p¢crvided a license or
le~e abthori~i~.q s~Uch:f~Cil ~ h~aS! dee~n'aispf6v~d by the
C~i~mi~Sione~i~S' ur'the :SP~Oi i'di~r~ C~ ~i~d provia~d that it does not
B. In Commercial Districts includin.q LB 14B and B a wireless
commun icati0n facility is su_bject to site Bla_nap_proval and must
meet the followin.q_req~irements.
OCTOBER 2.8, 1997 417
F
(1) Wireless communication ,facilities on Buildings are a Permitted
use. Wireless communication facilities on buildings shall be no
hi.qher than twenty feet above the average height of buildin.qs..
(excluding signs, fences, and walls) within 300 feet of th.e.
proposed facility. Wireless oomnlunication facilities on buildings
must be located at least three hundred feet (300') from any
landmark property or dis_t_rjct listed by federal, state or tow~ L
agencies~
{2) Wireless communication facilities on Existing
Telecommunications Towers are a permitted use unless otherwise
restricted pursuant to the terms of a prior special exception
approva!.
(3) Wire Communication Facility on Telecommunications Towers
are a Permitted use, but shall not proiect hi,qher than twenty feet.
above the average height of buildin.qs (excluding si.qns, fences,
and walls) within three hundred (300) feet of the facility or. if there
are no buildings within 300 feel, these facilities shall not project
hi.qher than twenty feet above the avera.qe tree canopy height in
that radius measured from ,qround level. If there are no buildings
within three hundred (_300) feet of the proposed facility site, all.
telecommunication towers shall be surrounded by dense tree
growth to screen .views of the facility in all directions. These trees
may be existing on the subiect property or planted on site. The
base Of the tower shall be located at least one hundred feet (1003.
from the nearest dwellin.q unit and three hundred feet (300') from
any landmark property or district listed by federal, state or town
agenoies..
(4) A wireless communication facility is a permitted use, not
requiring site plan approval, if located on property owned, leased
or otherwise controlled by state, federal or town governmentL
provided a lic~e__ns_e or l.e_a_se authorizin.q such facility has been
approved by that government.
C. In Industrial Districts including LI and LIO, a wireless.
communication facility is_ subiect to site plan approval and must
meet the fotlowin_q requirements.
(1) Wireless communication facilities on buildings are a permitted
use provided the height of the wireless communication facility
does not extend mor9 than one hundred feet (100') above the
existing grade and the wireless communication facility is.
located at least one hundred feet (100') from the nearest property
line and three hundre__.d_feet (~_00') from any landmark property or.
district listed by federal, state or town agencies.
(2) Wireless communication facilities on Existing
Telecommunications Towers are ~p~rm!.tte.d unless otherwise
restricted pursuant to the terms of a prior special exception_
approval.
(3) Wireless Communication Facility on Telecommunications
Towers are a permitted use provided the hei.qht of the tower above
grade does not exceed one hundred feet (100') above the existinq
grade and provided the base of the tower is located at least one.
hundred feet (100') from the nearest dwelling unit and three
hundred feet (300') fro.m any. landm. :ark property or district li~ted by.
federal, state or town a.qencles..
OCTOBER 28, 1997
as follows:
(4) A wireless communication facility is a permitted use, not
requirin.q site plan approval, if located on property owned, leased
or otherwise controlled by state, federal or town government,
provided a license or lease authorizin.q such facility has been
approVed by that government.
7. Section 100-163. Special Exception Approval is hereby adde.d.
A. Authority. The Zoning Board of Appeals shall be empowered to
issue a special exception approval l'or wireless communication
facilities, subiect to the provisions of.this Chapter,
B. Standards. In addition to the standards in Article XXVI
of this code, no special exception approval shall be granted unless
the Zoning Board of Ap_pea_ls__s_.p__ecifically finds and determines the
following:
(1) that the applicant is a public utility, and
(2) that construction or the proposed facility or modification of the
existing facility is a public necessity, in that it is required to meet
current or expected demands of the telecommunications
provider and to render ade(:Luate service t° the pub lc, and
(3) that the applicant has made substantial effort to locate or
collocate on existing towers, or failing that, that the applicant has
made substantial effod to locate on federal, istate or town land and
facilities, and.
(4) that the facility conforms with applicable FCC requlations; and
(5) that there are compelli_n_.q 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, the Zoning Board of
Appeals shall give consideration to the following in issuing a
special approval for wireless communication facilities:
(1) the hei.qht of the proposed tower shall be the minimum
necessary to render adequate service, ~nd
(2) the wireless communication faci!ity has been situated to
minimize its proximity_a_n__d._v, isibility to re. sidential structures,
residential district boundaries and land~ark_s des!ghated by town,
federal, or state a.qen¢ie_s, and
(3) thewireless communication facilities is designed and situated
to be compatible with the nature of uses on adiacent and nearby
property, and.
(4) the wireless communication facility has been designed to use
the surroundiQ.q topo.qrap_h.y to minimize its visual impacts, and
(5')'ther wireless communication facility has been designed to use
the surround_i~ng t_Lee, b_uil__d_in_g_or fQlia_ge coverage to minimize it~
visual impacts; and.
OCTOBER :28, 1997
4-19
(6) the wireless communication facility maximizes desi.qn
characteristics to reduce or eliminate v~sual impacts or
obtrusiveness, and
{7) that other adequate conditions have been placed on the
wireless commUh cation facility which will minimize any adverse
impacts of the facility on adjoining properties..
D. Application Requirements. In Order to make the above
described determination, the Zoning Board shall require the
fo IoWin.q in addition to the re(;luirements of Article XXVI:
(1) Each application shall include a survey clearly indicatin~q:
(a) the location type and height of:the wireless communication
facilit es; (b) whether iris located on an existin'q structure,
collocated or on a telecommunicati°n toWer; (c)on-site land uses
and zoninc~: ('d) adiacent.land uses, strUCtures and zonin.q withiq
300 feet; (e) distances between all structures; ?~ location of
landmark listed by federal, state or town a.qehcies within
300 feet; (.cl) ad acen[ roadways and/Or pri~a!e ri.qhts of way; (h)
proposed means of access;: (i) setbacks fr°~ property lines;
elevation drawings of thestr~Ctures: (k) a Io~h.q environmental
assessment form w th visual addendun:i; (I) a~nd Other information
deemed by the Zonin.q.13_0ard to be necessar{y to assess
compliance with this law.
cation alternative
ar sidered, the
availability of those sites, the extent to which other sites do or do
not meet the provide~:'s service or en.qineetin.q needs, and the
reason why the subiect_site was chosen..
or (
bui
include a notarize
of Zonin~q
to locate
~ble and appropriate
on an
is necessary to
shall
~er
will
for future use rs.
(4) Each application shal include a p an which shall reference
all. existin.q Wireless Communication Facil ty locations in the
Town of Southold, _an_y such facilities, i_n_Lhb abuttin.q towns which
provide service to area~s within the Town 0f Southold, any chan.qes.
proposed, within the followin.q twelve (1,2) month period, includin.q
appl cant S plans for new locations and thediscontinuance or
relocation of exist n.q wireless facilities. Alternatively., at the
be.qinnin.q of the year the a_pplicant may sUbmit an Annual Wireless
communication F~cility planrco-r~tainin.q tHe iaforementioned
info~mation f. or the~ calendar year.
(5) A landscape plan s_howin,q .s. pecific an~]scape materials, fencing
and maintenance ar[a_n_gem~ents.
(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
that the Board deems necessary. The applicant shall bear the.
reasonable cost associated with such.consultation, which cost shall
be assessed as an additional application:fee. In no case shall the
fee be more than five Percent (5%) of the.total proieCt cost as
determined for buildin.q perrnit fee assessment purposes,
i7} A copy of the deed . ' ' . ' 's
or lease a.qreement estabhshln.q apphcant
r ,qht to use the parce on which the wireless communication
facilities is to be located.
(8)'An en.qineerin,q analysis of the: radio emissions and a
propagation map for the proposed wireless communication facility.
The ana ysi's s ~llbe prepared and si.qnedby a New York State
ficensed pr0fe{ ;ionat en.qineer specializin.q in electricat
en.qineerin,q wi i-expertiSe in :radio:communication facilities. The
'rbsults from th analysiS must. clearly show that the power density.
e;celS"of the el ,~t¢oma~net c ienerav ¢lenerated from the proposed,.
;fa'cility~ are Wi[hi ~: the ai'iowable-limits established by the FCC which..
'are in effect at:el -~e time'.o~ the a~p_plication. If the wireless
!communication facilit es w°uld,be Collocated with an existing
'fadilitY;-th~ :cumUlative effects of, them must also be analyzed. The
power density analysis shall' be .based on the assumption that all
antenn,a, s ~ounted on the proposed facility are simultaneously
ttansr~itting radi°ener.qY ;~a power level equal to the maximum
anibnna iPowei' rat n.q specified by the manufacturer,.
(9) A "search ring" prepared;, si.qned and sealed by a qualified
red in New York and overlaid or!
within
availability or.
for
)lured
istrict.
E, ConditiOns. The Zoning_BOardshall consider the following in
establishinq conditions on tl~e iss~:ance of the special exceptioq
aPprova!.,
(1) In review n.q special~ exce.ption: approval applications required
'by thiS Section 'the Zonin~ Board of Appeals shall consider th.e.
ToWn's poi cyas st;:Jted :in this Article, When considering
appropriate i~e (:iht in c~niUnct!on With such ,applications, the.
Zon n,q Board Of: A~eais Shal!:beimore permissive when a tacility
is proposed f°rcoII(~c~tion by ~,mofe than one service provider, and
less permissive,when the facitity,is proposed for use by a s n.qle
Provider.
(2) In approv~n,q a Spec.iai, Exception the Zonin.q Board may waive
or reduce the criteria in this Article. to the extent specified below, if
the Zoninq Board'c0ncludes that the ,qoals and stated purposes of
OCTQBER 28, 1997
this law are better served, and that doin.q so will have no
detrimental effect on adiacent properties or on the public health,
Safety and welfare and thereby:
i. Increase the hei.qht of the proposed tower up to fifteen
feet over the height allowed by this code, with a maximum.
total height of no more than sixty feet (60'):
ii. Minimize proximity of the tower to residential structures or
historiolandmarks listed by federal, state or town
agencies;
iii. Modify the plantin.q of surrounding tree coveraqe and
foliage to account for existing ve.qetation and land
contours_.;
iv. Modify the design of the tow__er, with particular reference
to desiqn characteristics tl~at reduce or eliminate vi sual
obtrusiveness;.
(3) At the request of the building inspectors, which shall be no
more frequently than. annually, the provider shall have each
wireless communication facili~ty inspected at its own expense, and
a copy of the inspection report shall be promptly transmitted to the
buildin.q inspector. Radio emission inspections shall be performed
by a New York State licensed professional engineer specializing in
electrical engineering with expertise in radio communication
facilities. The radio emission inspection shall describe the power
density levels of the electromagnetic ener.qy qenerated from the
facility, including the cumulative effects of collocated antennas. In
the event that the radio-emission inspection indicates that the.
electromagnetic energ_y generated from the facility are above the
allowable limits stated' within the applicable FCC or ANSI
standards or other applicable state or federal guidelines in effect,
the applicant shall cease all use of the facility until such time as it.
provesto the satisfaction of the building inspector that the power
density levels of the electromagnetic ener.qy to be generated are
below the applicable standards.
f4) Anv special exception approval qranted under this Adicle shall
have a term of five years, commencin.q from the grant of the special
exception, which may be extended for an additional five year term
upon application to the Zoning Board; On a renewal application,
the applicant shall demonstrate that the wireless communication
facility is in compliance with all applicable laws, rules and
regulations and with all of the conditions of the special exceptioq
approval and site plan, that the facility is necessary to provide
adequate service, and that there is no reasonable alternative
available to the owner Which will provide adequate service without
the continuinq use of the facility. Subsequent special exception.
renewals shall be subject to review by the Zoninq Board and
subiect to such st.&ndards th_at..s_hall be included in the Town Code..
at that po..int in time.
OCTOBER 28, 1997
8. SectiOn 100-164. Historic Buildings and Districts is hereby
added as follows:
No wireless communication facilily is allowed on any desi,qnated
landmark property or district listed by federal, state or town
a.qencies, except as specified below:
A. Any wireless communication facility located on
or within an historic Structure listed by federal, state or town
agencies shall not alter the character-defining features, distinctive
construction methods, or original rnater, ials of the building.
B: Any alteration made to an historic structure to
accommodate a wireless communication faCility
shall be fully reversible.
C. Wireless communication facilities within an historic district
listed by federal, state or town agencies shall be concealed within
or behind existing architectural features, so thal they are not
visible,
9. Section 100-165. Design Standards is hereby added as follows:
The following desigq standards shall apply to wireless
communication facilities installed or constructed pursuant to the
terms of this chapter:.
A. Camouflage on Buildings. When a wireless communication
facility extends above the roof height of a building onwhich it is
mounted,, every effort shall be made to.conceal the facility within or
behind existing architectural features to limit its visibility from public
w,a~s and residential uses but still p. ermits the facility to perform its
d~signated functioni Facilities ¢ou~ted on a roof shall be stepped
back from the front facade'in order to limit their impact on the
bbUilding~s silhouette. ]'he wireless, communication facilities shall
lend i~ With the existing building S ~n~: five rS)
square feet, shall be painted orShielded with material which is
consistent with the design features and materials of the building.
B. The minimum lot size for the siting of a telecommunication tower
shall bein accordance with the following.__ No tower can be built on
a lot which is nonconform'in,q in Size tothe requirements set forth
below:
Minimum Lot Area-
Commercial Districts
Minimum Lot Area-
Residential and
Ma_riqe .D_Lst_d_cLs
Minimum Lot Area-
Industrial Districts
Per Bulk Schedule
per zone
Per Bulk Schedule per 5 acres
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. Fencin.q. The base area of a telecommunication tower and
equipment facility shall be enclosed with a black vinyl chain link
fence not less than six feet (6'} in he ght.
OCTOBER 28, 1997 423
E. Signs. Signs shall not,be permitted on towers except for signs
displaying, contact information and safety instructions. Such si.qns
shall not exceed five (5) square feet in surface area.
F. Equipment Facility. Equipment accessory to the wireless
communication facility may be located within an existing building.
In.newly co~nstructed buildings and structures an equipment facility
is limited to 500 square feet in floor area. If the newly constructed
equipment faciliW is designed for collocation, 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
and integrated into the architectural style. Any newly constructed
equipment facility shall be located in accordance with the minimum
height and yard requirements of the. zoning district applicable to
the site and no more than two adjacent off-street parking spaces
shall be provided for service vehicles. Any regrading for
stprmwater i'etention that is required by the Town En.qineer shall be
accommodated on-site.
G .Site Lighting. As independent freestanding facilities on separate
sites Wil n0tbe accessible to.the public, the I .(:Iht n.q permitted shall
be the minimum required to protect the public welfare. Facilities
sited on existing developed sites shall be incorporated into the
lighting and landscapingj~lans of those sites.
H. Access. Access to tow_er or monopole areas shall be from
established Site access points whenever possible.
.qed or
and
six feet (6').
J. Etectric Line Setback. No wireless communicalion facility shalt
be located nearer than a distance equal to its height above the roql~
or other permanent structure to whichit iS;attached to any
overhead electric transmission line 'caC'rYin,q: rnOre'than two hundred
twenty (220) volts..
K. Collocation. Wireless Communication Facilities shall be
designed :to provide_for collocation by multiple providers; or
desi_qned'so thaLthey can be retrofitted to accommodate multiple
providers-.
10. Section 100-166. Appearance is hereby added as follows:
A. Scenic Landscapes and Vistas..All telecommunication towers
which are not camouflaged by existing buildings or, structures shall
be surrounded by a buffer of dense tree growth. A wireless
communication facility that is located within 300 feet of a scenic
vista, scenic landscape or scenic road, as designated by the town,
shall not exceed the height of vegetation at the proposed location.
If the fadlity is located farther than 300 feet from the scenic vista,
scenic landscape or scenic road, the height regulations described
elsewhere in this article shall apply.
B. Base Landscaping. A screen of ever.qreen trees shall be
planted outside the fence of the telecommunication tower base
~24' OCTOBER 28..1997
area to provide a visual screen or buffer for adioinin,q private
properties and the pun c right-of-way. Required front yard setback
areas shall be landscaped.'
C. Color. Towers shall either be blue/gray in color, have. a
.qalvan zed finish, or be colored appropriate to the tower's
Iocational context to the extent that the tower is as .unobtrusive as
possible, unless otherwise .required by the Federal Aviation
Administration (FAA). If a wirelesS Communication facility is
installed.on a structure other than a tower; the antenna and
suppOdin~ electrical and meChanical equipmen[ mdst be of a
neutral color that is 'identiCal to of closely Compatible With the
lOC)'
Tower
] o'.5o'{~,p.4 ]
"0'-30'([~.', ]
Buiidlngs t
D Camoufla.qe by Vegetation for Residential Screening.
Where the site proposed fora freestandin.q tOWer structure is
located withina residential zone Or has oneor more properly lines
abutting or on the op_posite side ora street fr°m a residential zone
maintained.
; an
e structure.
line is the
the
and evergreen tree,s.
ance between
inJmum c
ions
are
at
Et. EVAT ON ylEW
1'-~.
'
50'
I
_. _ _.
100' to Property Line
[70' to Pmoeny Line
PLAN VIEW
E. Alternate Screenin.q. The location of a cellular wireless
communication facility on an existing water tower, silo or equivalent
vertical structure, includin~ an existing cellular, radio or television
tower, is permitted without tile need to meet Conditions A, B, C and
D above, provided that the height of the existin.q structure is not
increased as a result of the attachment of the cellular structure. A
decorative dis,quisin.q structure such as a clock tower may also be
approved as an alternative to Conditions A, B, C and D at the
discretion of the Zonin.q Board; If the hei.qht of the existing
structure is to be increased by the attachment of the new structure,
all of the conditions herein shall apply asto a new freestanding
structure.
F. Commercial and Industrial Siting. Towers to be sited on
developed commercial or industrial propedies shall be located to
the rear of other principal buildings and shall not encroach on
planting buffers, parking areas or otherwise impair the operation of
previously approved systems such as stormwater draina.qe basins.
Existing buildincls and structures si'lould be used in the sitinq of
freestanding towers to cora!rib_ute to_the visual screening of the
tower.
G, Commercial. ,Towers to be sited on undeveloped properties in
the commercial districts shall apply the st'andards of the condition
in §100-165(C) herein to'all property lines, including the streettine,
except that a driveway shall be permitted to .qain access to .th.e.
facility for maintenance pe. rSonnel and equipment.
H. Airport Re.qulations. All towers shalt comply with applicable
AirPOrt Hazard Re~ulationsand shall be subiect [o approval frorq
the Federal AviatiOn Administration for location, hei.qht and liphtin.q
to prevent interference with the operation of an airport or otherwise
threaten the public safety.
11. Section 100-167. Removal is hereby added as follows:
A. Any Wireless communication facility that is not operated for a
continuous period of twelve (12) months shall be deemed
abandoned. At that time the owner of the wireless communication
facility shall remove same within ninety days of such deeme~
abandonment. In tile case of a wireless communication facility
on preexisting structures, this provision shall apply to the wireless
communication facility only. If the wireless communication.
facility is not removed with the said ninety (90) days, the building
inspectors may, with the approval of the Town Board, .qive the
owner notice that unless the removal is accomplished in thirty (30)
days, the town wilt cause the removal at the owner's 'expense. The
grant of a. special exception approval under this Article shall
include irrevocable permission to the town to accOmpli§h removal
of the wireless communication fao lity under this. Article. Any cost to
the town for such removal, shall constitute a lien on the tax lot on
which the tower is situated and shall be colle°ted in the same
manner as a town tax upon real property.
426 OCTOBER 28. 1997
follows:
12. Section 100-168. Nonconforming Uses is hereby added as
Pre-exis.!ing te ecommunication towers shall be allowed to continue
their usa,qe as they presently exist. New. construction, other than
mair
~equirements ]nce.
13: Section 100-169 Severabilily is hereby added as follows:
The various parts, sections and clauses of this local law are hereby
declared to be severable. If any pad, sentence, para.qraph, section
or.cl~ tonal or i a
nder of the ordinance shall not be
14, Section 100-31: Use regulations in:A;C, R-80, R-120, R-200
and R-400 Bi.Strictsi$ hereby'amendi~d ag [oilows:
B Uses permitted by special exc~pti0n bythe Board of
ApPeat~. The following ~JSes are. p;~rrnitted as'sPecial exception by
the Board of Appeals. as hereinafter provided, and, except for two
farnity dwetlipgs and the uses set forth in Subsection B(14) hereof,
a~'e subjeCt.th ~ite plan ~pproval by tfi~ Planning Board:
6~ Public utility rights-of-way as well as st~uctures and other
ir;Siallati0n~ ~:nece~sary to serve areasi~ithi~~ ~h? town, except tha!
wireless c~unicat On facilities muSt?,0biai,h apProval pursuant tq
Ari.~cle X~.I,:, ~dbject [o s~Jch c0r~ditionslas, ih,e BOard of Appeals may
impbS;e :ilp:i~i~ to protect and pr0md[~ the' !~a~lth, safety,
'ap~ea'~a;nce:iahd generalwelfar;e.qf t~¢ c~mi'n~ity an. d.the. .
Cha~raCter.¢!the neighborhood ir~ whi;sh tti~,~oPosed s[ruc~ure is [o
be constructed.
15. Section 100-131. Use regulations in the LIO District, is hereby
amended as follows:
B. Uses permitted by special exception of the Board of
Appeals. The following uses are permitted as a special exception
by the Board of Appeals as hereinafler provided, subjec! to site
plan approval by the Planning Board'
(4) Pub c utility structures and uses, except that wireless
communication facilities must obtain ._a.~or0va_l pur. s._uant to Article
16. Section 100-230 (D) Exceptions and modifications, is hereby
amended as follows:
D. Height exceptions. The height limitations of this chapter shall
not apply to:
(1) Spires, belfr es, cupolas and domes not for human occupancy;
and monuments, transmission towers, excludin.q
telecommunication towers, chimneys, derricks, conveyors.
OCTOBER 28, 1997
427
flagpoles, 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 more 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 manufacturing process requires greater height
but eXcludin,q wireless communication facilities, provided that any
such structures that are located on any roof area that exceed in
height the limits in the particular district shall not in the aggregate
occupy more than twenty percent (20%) of the horiZOntal area of
the roof and are sol back one (1) foot from the edge of the roof for
each additional foot in height greater than the specified height.
(3) All mechanical equipmenl necessary to operate building
services, which equipment is located on the roof of a structure,
shall be screened in a manner approved by the Planning-Board.
II. This Local Law shall take effect upon filing with the Secretary of
State.
Underline represents additions
Strlkethrough represents deletions
31. - Vote of the .Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman ttu~sle,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN:. Just a word of explanation. We have just received
notification of a gFant in the amount of $165,000 from the Ag and Markets
of New York State, which will be used for farmland rights.
32.-Moved by Justice Evans, seconded by Councilwoman Hussle, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute the New York
State Department of Agriculture and Markets Agricultural Farmland
Protection Implementation Orant, in the amount of $165;000, for the period
of October 15, 1997 through October HI, 1998.
32. - Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
33.- Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby creates
the position of Town Comptroller. and sets a salary of $58,506.58 for the
position.
33. - Vote of tile Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Ollva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
34.- Moved by Councilwoman Oliva, seconded hy Councilman Townsend~ it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
'~ Alicia B. Mar|n as a Conservation Advisory Council Youth Member,
!! effectlve immedlately, through June 18, 1998.
-~3~.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Codncilwoman Oliva, Co'uncJlman '¥ownsend, Councilwoman HussJe,
Supervisor Cochran.
This resolution was duly ADOPTED.
4.2.8 OCTOBER 28, 1997
35.-Moved by Councilwoman Hussie~ seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby requests
the New York State Department of Transportation to conduct a traffic
survey at the intersection of NYS Route 25 and Oaklawn Avenue,
Southold, for the purpose of installing a traffic light or push-button
traffic light.
35.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle,
SuperviSor Cochran.
This resolution was duly ADOPTED.
36.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of South01d hereby agrees
to participate in the Radford University (Radford, Virginia) Criminal
Justice ~lnterri~hip program, and to accept Roman Wilinskl as the Intern
under this program.
36.-Vote of the Town .Board: Ayes: Councilman Moore, Justice Evans,
CouncilWoman Oliva,: Councilman Townsend, CounCilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR' COC~HRAN: That is the end of our resolutions for the
moment. We do have a hearing scheduled for five o'clock, so we have five
minutes. Rather than call on information from the audience at this time, we
will Wait until' after the hearing. Bill, maybe you want to tell us about
this. We had a young woman come in from the Special Olympics. They are
looking to.give young people an experience at camp, and they have been
working with the County, and they will be using Peconic Dunes, and they
came and a~rk.ed f0r the. Board"s support. Would you llke to fill us at little
bit on how this came about?
COUNCILMAN MOORE: You did a good job of summarizing, but ! will flush
it out some more. I had a good opportunity to meet with a Nancy
Mariono, who is a Regional Director for Special Olympics for Suffolk
County, and she has taken the program to great heights, and one of the
special programs she wants to do is a special camp to be held at Peconic
Dunes Camp. It is going be happening next summer in August, and she
asked for an Opportunity to come to Town Board, and i set it up this
morning for her; ~).get the Town's approval of this idea, and it's support
for it. She 'came With a video, and was all excited about our willingness to
participate. '1 look forWard to working with her, and the Town to assist
this special program an), way we can. The Town Board was very up on the
camp that they want 'to run. That will be next summer. She asked to
spread the word in the community, .that anyone that is interested in
volunteering we ~ill hook you up as far as participating in the special
camp. We already have ROTC, and Interact in local schools. Some sixty
youngsters have volunteered to act as volunteers in helping where they
can. If this i.s. sc~meth.lng that interests you, please, let me know, and we
will put you in toU~:h with the folks at Special Olympics. Thank you.
SUPERVISOR COCHRAN: Did you get a date for something that was
happening in Southampton, too. Do you have that date?
COUNCILMAN MOORE: East End Skills Early Intervention Tournament
Sunday, November 23rd, at the Southampton High School. She encourages
all of us to go over there, and see what they are all about, so we can get
an idea of what we might see next summer. That's over at Southampton
High School, and there'S a phone here, 928-4q89, if you are interested in
seeing that, or participating.
SUPERVISOR COCHRAN: On the agenda you did hear us mention Lake
Maratooka. and this is as you look toward the lake, the nice rolling hill
belongs to the SChool District. on your right belongs to the Park District.
and on the left up to this point has belonged to the Nature Conservancy,
and they are going to give this ten acres to the Town for preservation, so
we did have a gentleman, Mr. Jacobs, in from the Nature Conservancy this
morning, and we presented the Management Plan in relation to the land.
That will go to' their national organization, and that particular parcel will
be turned over to the town. In addition I met recently with the
representative from the Mattituck School Distrlc. t, and the Mattituck Park
OCTOBER 28, 997 42,9
District, and they are willing to form a partnership with the Town, and we
would like to, once again, open up that vista on Lake Maratooka. Years
ago you could look out, and across the lake, and see just a lovely scene,
which it has all gr. own in now. It's phragmites, and it needs care, so
hopefully the three districts will be able to work together, the two
districts, and ourselves, and just straighten up the area a little. Also, I
feel very strongly that where it is public, will be public land, they should
have access, and We would like to see the passage kind of access through
the property, but working with these other two groups maybe we can even
do a nature walk. The school was quite excited, because they felt that this
could turn into being an outdoor workshop. I understand the students do
already use the lake as pa'i*t of their science projects, so thls would be
just developing that a little bit further. It's now five o'clock. I need a
~notion to a~Jjourn for a hearing.
Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that a recess be called at this time, 5:00 P. M., for the
purpose of holding a public hearing.
Vote of the TOwn Board: Ayes: Evans
Councilwoman Oliva, Councilman Hussle.
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman Moore, Justice
Townsend, Councilwoman
Meeting reconvened at 5:05 P.M.
37.-Moved by Councilwoman Hussie. seconded by Justice Evans.
A regular meeting of the Town
Board of the Town of Southold,
in the County o~ Suffolk, New
York, was held at the Town
Hall, 53095 Main Road,
Southold, in said Town, on the
28th day of October, 1997.
PRESENT:
Hon. Jean W. Cochran, Supervisor
William Moore, Councilperson
Louisa Evans, Justice
Alice Hussie, Councilperson
Ruth Oliva, Councilperson
Joseph Townsend, Councilperson
In the Matter
of the
Increase and improvement of facilities for
the Southold Solid Waste Management District,
in the Town of Southold, in the County of
Suffolk, New York, pursuant to Section 202-b
of the Town Law.
RESOLUTION AND
ORDER AFTER PUBLIC
HEARING
WHEREAS, the Town Board of the Town of Southold (herein
called "Town Board" and "Town", respectively), in the County of
suffolk, New York, on behalf of Southold Solid Waste Management
District, in the Town (herein called "District"), has requested
the increase and improvement of facilities of the District, as
hereinafter described, at the estimated cost of $200,000; and
WHEREAS, pursuant to the Order Calling Public Hearing
adopted September 30, 1997, a public hearing was duly called and
held by the Town Board on the 28th day of October, 1997 at 5:00
o'clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road,
Southold, New York, in the Town, and considerable discussion on
the matter has been had and all persons desirinq to be heard have
been heard, including those in favor of and those in opposition
to said increase and improvement of facilities of the Southold
Solid Waste Management District; and
WHEREAS, the Town Board has duly considered and
reviewed all applicable federal, state and local laws and
regulations regarding environmental matters, including compliance
with the New York State Environmental Quality Review Act,
comprising Article 8 of the Envirenmental Conservation Law, as
related to the impact that the increase and improvement of
facilities of the District may have on the environment and, on
the basis of such consideration and review, the Town Board has
determined that no substantial adverse environmental impact will
be caused thereby;
NOW, THEREFORE, on the basis of the information given
at such hearing, it is hereby
DETERMINED, that it is in the public interest to
increase and improve the facilities' of the District by (i)
construction of a new scale house at the estimated maximum cost
of $40,000 and, (ii) acquisition of various equipment for use in
and for the District at the estimated maximum cost of $160,000,
as hereinabove referred to, the estimated total cost tl{ereof not
to exceed $200,000; and it is hereby
ORDERED, that the facilities of the District shall be
so increased and improved and that such new scale house shall be
constructed and such equipment shall be acquired and, further,
that the Engineer heretofore retained by the Town Board shall
prepare specifications and make careful estimates of the expense
of said increase and improvement of the facilities and, with the
assistance of the Town Attorney, prepare a proposed contract or
contracts for the construction of such new scale house and the
OCTORER 28, 997 43'1
acquisition of such equipment, which specifications, estimate and
proposed contract(s) shall be presented to the Town Board as soon
as possible; and it is hereby
FURTHER ORDERED, that the expense of so increasing and
improving such facilities shall be financed by the issuance of
not to exceed $200,000 serial bonds of the Town, and the costs
thereof, including payment of principal of and interest on said
bonds, shall be assessed, levied and collected from the several
lots and parcels of land within said District by the Town Board
in the manner provided by law, but if not paid from such source,
all the taxable property within said Town shall be subject to the
levy of an ad valorem tax, without limitation as to rate or
amount, sufficient to pay the principal of and interest on said
bonds; and it is hereby
FURTHER ORDERED, that the Town C~erk record a certified
copy of this Resolution and Order After Public }{earing in the
office of the Clerk of Suffolk County withi~ ten (10) days after
adoption hereof.
DATED:' OCTOBER 28, 1997
(SEAL)
TOWN BOARD OF THE TOWN OF SOUTHOLD
Jean W. Cochran
Supervisor
' - 'Willian~ D. ,moore
Counc i l pe rso~
Louisa P. Evans
Justice
Ali~ J,. Hussie
Co~hc ~ lper ~on
Ruth D. Oliva
Co%.Inc i l~_orl ~
.... ' Joseph L. Townsend, ·
' Councilperson
Members of the Town Board o{ the Town of
Southold, New York
,4:32 OCTOBER
37. - Vote of the Town Board: Ayes: Councilman Moo~e, Justice Evans,
Councilwoman Ollva. Councilman Townsend, Councilwoman Ilussle,
Supervisor Cochran,
This resolution was duly ADOPTED,
38.-Moved by Justice Evans, seconded by Councilwoman Hussle,
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK ADOPTED OCTOBER 28, 1997, APPROPRIATING THE
AMOUNT OF $200,000 FOR THE INCREASE AND
IMPROVEMENT OF FACILITIES OF THE SOUTHOLD SOLID
WASTE MANAGEMENT DISTRICT, IN SAID T'OWN, AND
AUTHORIZING THE ISSUANCE OF $200,000 SERIAL BONDS
OF SAID TOWN TO FINANCE SAID APPROPRIATION.
Recital
WHEREAS, the Town Board of the Town of Southold (herein
called the "Town Board" and the "Town", respectively), in the
County of Suffolk, New York, acting on behalf of the Southold
Solid Waste Management District (herein called the "District"),
in the Town, has heretofore determined to increase and improve
the facilities of the District as hereinafter described and,
after a public hearing duly called and held, the Town Board has
determined, pursuant to the Resolution and Order After Public
Hearing duly adopted on this date, that it is in the public
interest to so increase and improve the facilities of the
District and ordered the (i) construction of a new scale house at
the estimated maximum cost of $40,000 and (ii) acquisition of
various equipment at the estimated maximum cost of $160,000;
Now, therefore, be it
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN
THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not
less than two-thirds of all the members of said Board) AS FOLLOWS:
Section 1. The Town hereby appropriates the amount of
$200,000 for the increase and improvement., of facilities of the
District consisting of (i) construction of a new scale house at
the estimated maximum cost of $40,000 and, (ii) acquisition of
various equipment at the estimated maximum cost of $160,000,
heretofore authorized pursuant to the Resolution and Order After
Public Hearing referred to in the Recital hereof. The estimated
total cost of said specific objects or purposes, including
preliminary costs and costs incidental thereto and to the
financing thereof, is $200,000. The plan of financing includes
the issuance of not to exceed $200,000 serial bonds of the Town
to finance said appropriation and such .~mount, including
· OCTOBER 28, 1997
433
installments of principal and interest on such bonds, shall be
assessed, levied and collected from the several lots and parcels
of land within said District by the Town Board in the manner
provided by law, but if not paid from such source, all the
taxable property' within said Town shall be subject to the levy of
an ad valorem tax, without limitation as to rate or amount,
sufficient to pay the principal of and interest on said bonds.
Section 2. Serial bonds of the Town are hereby
authorized to be issued in the principal amount of $200,000
pursuant to the provisions of the Local Finance Law, constituting
Chapter 33-a of the Consolidated Laws of the State of New York
(herein called "Law"), to finance said appropriation.
Section 3. The following additional matters are hereby
determined and declared:
(a) It is hereby determined that the period of
probable usefulness of the specific object or purpose for which
(i) $40,000 principal amount of said $200,000 serial bonds are
authorized to be issued, within tile limitations of Section 11.00
a.35 of the Law is five (5) years and (ii) $160,000 principal
amount of said $200,000 serial bonds are authorized to be issued,
within the limitations of Section 11.00 a. 28. of the Law, is
five (5) years.
(b) The proceeds of the bonds herein authorized and any
bond anticipation notes issued i~ anticipation of said bonds may
be applied to reimburse the Town for e×pe~]ditures made after the
effective date of this resolution for the purpose for which said
bonds are authorized. The foregoing statement of intent with
respect to reimbursement is made in conformity.with Treasury
Regulation Section 1.150-2 of the U~]ited States Treasury
Department.
(c) The Town Board has duly considered and reviewed
all applicable federal, state and local laws and regulations
regarding environmental matters, including compliance with the
New York State Environmental Quality Review Act, comprising
Article 8 of the Environmental Conservation Law as related to the
impact that the increase and improvement of facilities for the
District may have on the environment and, on the basis of such
consideration and review, the Town Board has determined that no
substantial adverse environmental impact will be caused thereby.
Section 4. Each of the bonds authorized by this
resolution and any bond anticipation notes issued in anticipation
of said bonds shall contain the recital of validity prescribed by
Section 52.00 of the Law and said bonds, and any notes issued in
anticipation said bonds, shall be general obligations of the
Town, payable as to both principal and interest by a general tax
upon all the taxable real property within the Town without
limitation as to rate or amount. The faith and credit of the
Town are hereby irrevocably pledged to the punctual payment of
the principal of and interest on said bonds and any note~ issued
in anticipation of the sale of said bonds and provision shall b~
made annually in the budget of tile Town by appropriation for (a)
the amortization and redemption of the bonds and any notes issued
in anticipation thereof to mature in such year and (b) the
payment of interest to be due and payable in such year.
Section 5. Subject to the provisions of this
resolution and of the Law and pursuant to the provisions of
Section 21.00 relative to the authorization of the issuance of
bonds having substantially level or declining annual debt
service, Section 30.00 relative to the authorization of the
issuance of bond anticipation notes, and Section 50.00 and
Sections 56.00 to 60.00 of the [,aw. the powers and duties of the
Town Board relative to authorizing bond anticipation notes and
prescribing their terms, form and co,}tents and as to'the sale and
issuance of the bonds herein authorized, and any other, bonds
heretofore or hereafter authorized, and of any bond anticipation
notes issued in anticipation of said bonds, and the renewals of
said bond anticipation notes, are hereby delegated to the
Supervisor, the chief fiscal officer of the Town.
Section 6. The validity of the bonds authorized by
this resolution, and of any notes issued in anticipation of said
bonds, may be con~ested only if: ~'
OCTOBER 28, 1997
(a) such obligations are authorized for an object or
purpose for which the Town is not authorized to expend
money, or
(b) the provisions of law which should be complied with
at the date of the publication of such resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such publication,
or
(C) such obligations are authorized in violation of the
provisions of the constitution.
Section 7. This resolution shall take effect
immediately.
38.-Vote of the Town Board: Ayes:
Councilwoman Oliva, Councilman
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman Moore, Justice Evans,
Townsend, Councilwoman Hussle,
39.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED by the Town Board of the Town of Southold, in the County of
Suffolk, New York, as follows:
Section 1. The Town Clerk is hereby directed to publish the foregoing
bond resolution, in full, in "TFIE SUFFOLK TIMES", a newspaper published
in Southold, New York, and having a general circul~tlon In said Town,
which newspaper is hereby designated as the official newspaper of the Town
for such publication, together with the Town Clerk's statutory notice in the
form prescribed by Section 81.00 of the Local Finance Law of the State of
New York.
Section 2. this resolution shall take effect immediately.
39.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Ollva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: That completes our planned resolutions. At this
time, we open up the floor. There are some seats up front here, if you
would llke to come in and sit down. If there is anyone that would llke to
address the Town Board on.any Town related huslr~ess? Mayor Kapell?
MAYOR DAVID KAPELL: Supervisor and members of tile Town Board, my
name is David Kapell. I am Mayor of the Village o~ Creenport. and I am
delighted to have this opportunity to address yoiJ, and to be joined by
Deputy Mayor George Hubbard, Trustee Gall Horton, Village
Clerk-Treasurer Lorna Catus and Deputy Clerk-Treasurer Stepi~en
Brautigam. In April of this year, Deputy Supervisor William Moore,
invoking . his official title, utilizing the letterhead of the Town of
Southold, and acting in concert with developers that he represents as an
attorney in his private law practice, began seeking to interfer~ with the
pending sale to the Suffolk County Water Authorlty of those portions of the
Creenport Water System that Ilo outside the incorporated Village. Mr.
Moore's efforts included the filing of an intrusive and offensive freedom of
information request, the placement of advertisements in local newspapers
seeking to drum up public opposition to the sale and then, through Patricla
Moore, his wife, an attorney, the filing of a misguided law suit against the
Village. In his lawsuit Mr. Moore chose to drop his official title in a weak
attempt to recast himself as an individual and distance himself from earlier
misuse of his public office. Subsequently, over the strenuous objections of
Councilman Joe Townsend, Mr Moore managed to foist the burden of his
obnoxious and bad faith actions on tt~e people of Southold in the form of a
second FOIL request filed this time by the Town Board. This action was
OCTOBER
enthusiastically supported by Supervisor Cochran and the remaining
members of the Town Board, and was followed by the filing of a second
lawsuit, this one pitting the Town against it's own village, Southold versus
Creenport. Neither Supervisor Cochran nor Deputy Supervisor Moore ever
approached the village in a friendly or constructive manner for information
regarding the sale prior to these adversarial ac'tions. In fact, Supervisor
Cochran joined with me in a meeting spOnsored by Senator Kenneth
LaValle last February at which Senator LaValle, Water Authority Michael
LoCrande and several residents of the Paradise Point area were present.
The subject was the pressing water supply needs of the Town and the
widely acknowledg.ed, incapacity of the Village to handle the problem. At this
meeting all pal~tlc~Pants, inclUding supervisor Cochran, pledged their
corporation in a sale to the Water Authority. Why did Supervisor Cochran
abandon her pledge? Why did Deputy Supervisor Moore first employ, then
drop the use of his official title cking ~? Exactly who is
interfering .with Town Policy Under Mrs.
Cochran~s leadership developers have ga trol 'of 'TOWn 'Hall. The
reality becomes crystal Clear in a by Mr, Moore in
explaining his:actions ih ;a Suffolk rt dated October 22,
1997 from which I quote. I got the idea because I re who
build houses and had to pay the hook-up fee.
have to invoke his authority as Deputy Supervisor, and utilize official Town
stationary in promoting' the priVate interests of his developer clients, and
he did this Is clear interest?
SpeakTng Of
developers ~ and
the Deputy Supervlsor's wife, and
said about ethics in Town Hall
business circles that. if you. need
the Deputy suPervisor'Sr ..w~fe? The
of the av~rag~ resl~ent I~ut rathm
developers. Let .,se
misguided
25% rate cut
Authority,
financial
providing dri
Never has
offered to help. On
by approving deve
developers secu
effectively pas Jck fc
planning issues in Southold to the Vill~
ultimately shouldered at the expense of
board park. How dare assert
that we are finally
improve the village"
]eatousy and hatred.
interpreted your act'.ions as~
taxpayers and resi~d~nts of ,t~be v
Attorney has filed''a notice
FOIL matters,
at hand. H(
concluded that the
to interfere
here this ~ deli
You've go it.
SUPERVISOR COCH~AN: And we will /dake it.
is
is
local
of ~,
ed
re~s
~re with the
:eeds of
;r3t
been
ars o
Em
at the
ce
or
en.
has
of the
~ would
ed
as
ate
sale now
i,~ to
~vith
issues
having
Cohor{s
We are
for it.
MAYOR DAVID KAPELL: Nine thousand five hundred pieces of paper at
$.25 a piece. The bill is in the mail.
SUPERVISOR COCHRAN,, '1 don't think so.
OCTOBER 28, 1997
43.7
MAYOR DAVID KAPELL: We would like to have a receipt. You can send
it to us. These document show conclusively that all fees collected from
developers have been fully and property invested in capital improvements to
the system. The documents also r. eveal that the village is selling the
system for a price, that is discounted $2,000,000 below full market value in
order to allow the Water Authority to make further capital improvements,
and another $;2,000,000 to provide for a 25% reduction in water rate to
Southold customers, a total commitment of $4,000,000 from the Village to the
Town. Don't be greedy. The smartest thing you .can do now, Mrs. Cochran
and Mr. Moore, .is .step aside and let the Village provide the rate relief and
improvements in water quality and service that will result from the sale to
the Water Authority. .Why not join us in our efforts to improve Greenport?
After all, what is good for Oreenport is good for Southold Town, If not,
leave us alone as we move ahead with confidence towards the 21st
century. Thank yOU arid good evening.
SUPERVISOR COCHRAN:
MAYOR DAVID KAPELL:
We don't intend to respond to this.
I'll be glad to answer questions out back.
That's where you are used to operating out
SUPERVISOR COCHRAN:
back? State your name, please, and address the Board. You are not
addressing the audience.
CATHERINE LEE: My name is Catherine Lee. I just wanted to ask one
question as pertaining to the park. I am from out of town. I have heard so
much. People have even asked in another country, about the plans, and the
architecture, and you gathered plans from all over the world for the park.
Now, I am wondering what is happening with this park. Is it just going to
be some grass seed and few rocks?
SUPERVISOR COCHRAN: Excuse me, it is a different municipality. Would
you, please, attend a. Greenport Board meeting, and ask your same question
of the May~r. Someone else have a question? I send a letter to the Mayor
every Friday requesting a meeting since May 30.
FRANK CARLIN: I wanted to ask a question directly to the Mayor while he
is here. I would like to do it.
SUPERVISOR COCHRAN: No.
FRANK CARLIN: Then I will direct it to you then.
SUPERVISOR COCHRA'N: Come on up to the mike, please, and state your
name.
FRANK CARLIN: I have been wanting to ask him this question for over a
year. Frank Carlin, Laurel. I would llke to know being that Mayor
Kapell is in the real estate business, he is an elected official, Mayor of
C;reenport town, how did he get involved in negotlatlng to buy the Mitchell
Park property?
SUPERVISOR COCHRAN: You will have to attend the Greenport meeting,
and ask the question, Frank. This is not the forum.
FRANK CARLIN: I'm not accusing him, but to me it would be a conflict of
interest.
FRAZIER DOUGHERTY: My name is Frazier Dougherty. I have a
proposal under discussion, that you all may have looked at earlier. I just
wondered if you had any questions?
SUPERVISOR COCHRAN: This morning we felt there was not enough
information, and Councilman Townsend is going to contact you, and set up
a date for you to come into our next Board meeting, and explain your
proposal.
FRAZIER DOUGHERTY: I would like to encompass this entire territory
with the response to this Federal Initiative. So, ! am available.
OCTOBER 28, 19,7
SUPERVISOR COCHRAN: Please, call my office. Ruthanne Woodhull will
.probably be the person answering the phone, and she takes care of the
agenda, _and she will schedule you for the next Board meeting.
FRAZIER DOUGHERTY: We have a limited window here.
SUPERVISOR COCHRAN: It's two weeks. I am going to take Ms. Richards.
LYNN RICHARDS: My name is Lynn Richards, and I am the administrator
of Southold Town Program for the Disabled. I am here today, because it
has been brought to -my attention that the recreation and socialization
program',f0r the disabled is going to change, drastically at the end of the
year. I have also been !infOrmed that my .position will be terminated at that
time. My.lquestion .to the Board. today .is, why is~thls happening:?
SUPERVISOR COCHRAN: Number one, would you Share with us who passed
this information to. you?
LYNN RICHARDS: I would love to, but I wouldn't want that person to
suffer the fate that I may have to suffer.
SUPERVISOR COCHRAN: Okay, let me take a different tact. When you
heard this, I would expect as a professional you would have picked up the
phone, and at least inquired to the status of what you were hearing. The
first, I heard of this, was a fax that was sent to me by the Times-Review
reporter, Tim, right down here. It was on his desk, and it was faxed to
me, and he asked for a comment, and I said, I don't know anything about
it. I don't know what this is, Tim. Then we heard rumors that you people
were coming in today. That you felt the program was going to changed. We
heard just numerous things, also. So, I am happy that you here~ so that
we can clear the air. I have had parents call me. I have had some of the
people in the homes call me. They are being told to vote for Mr. Wickham,
that he will save the program. I would llke to believe that this is not a
political issue, that it is not being used in this way, because if it is
that is a sad day for Southold.
LYNN RICHARDS: Well, this is not a political issue for me.
SUPERVISOR COCHRAN: Let me finish. I have here a copy of my budget.
May I share a copy with you, and anyone else that would like to have it?
It shows next .year's budget, part-time employees under the Disabled
Program is $20,550 for your salary.
LYNN RICHARDS: That's impossible. My salary is $17,000.
SUPERVISOR COCHRAN: This is your salary for next year, and also, it
shows $3,100 for your trips, and your social part of your program.
LYNN RICHARDS: Correct, we have a $3,000 stipend that we have had
since I began. I have not used that stipend for the three years.
SUPERVISOR COCHRAN: What is changing?
LYNN RICHARDS: Nothing is changing. I am raising the money like you
told me to do, when we sat here ten years ago.
SUPERVISOR COCHRAN: Lynn, I was here when we hired you ten years.
I have supported the program all these years, and I have not objected to
your running this program~ because the people that are involved, the
clients, enjoy the program. It is good. Okay? This is what my budget has
for next year. There has been no, no, no, whatsoever indication that you
are going to be leaving the first of the year, or that the program is going
out the Window. There' is no founded facts for this. Now, let me take this a
little bit further. What we have been working on, if I may introduce former
Supervisor Frank Murphy, Frank and myself, and Chris Smith from Cornell
University have been meeting. This is just in the talking stages. We have
been up to see Mike Forbes, Congressman Forbes. I have spoken to
LaValle's Office, and we are looking to bring to Southold.. Frank, would
you like to explain the program, as you..
· OCTOBER 28, 1997
439
LYNN RICHARDS: Excuse me. I would be very happy to hear anything
Mr. MurPhy has to say, but I have something to say. It doesn't have
anything to do with me.
SUPERVISOR COCHRAN: I am just trying to show that these rumors are
unfounded, that there is no truth to it, that we are supporting in other
ways the program, more than the social. I get calls from time to time,
where people are looking for jobs for the disabled. We have begun to sit
down and discuss this, to try to put into place a possible employment type
program in addition to what we presently have with your social program.
LYNN RICHARDS: That is wonderful. That makes me very happy, but I
would like to-ask you right now, eye to eye, have you not planned to
terminate me at the end of this year?
SUPERVISOR COCHRAN: No. What am I telling you? Are you listening?
LYNN RICHARDS: I'm listening, Jean.
SUPERVISOR COCHRAN: I have no plans whatsoever, I say to the world,
to terminate you at the end of year. There is nothing going to happen to
the program.
LYNN RICHA'RDS: I would very much like to read what I have here. Is
that alright with you?
SUPERVISOR COCHRAN: Certainly.
LYNN RICHARDS: The program has been very successful, as evidenced by
the growth of numbers, and the response from the parents of the
participants. Jean, you have not attended any of the functions. If you had
been at our Halloween dinner dance you would have found 200 people there.
If you had ever stopped by the Mattituck Bowling Lanes on Saturday
morning, you would see over 80 bowlers enjoying themselves. Not only is
the attendance high, but the participants look forward to monthly dinner
dances, trips to New York City, baseball outings, Saturday luncheons and
excursions, and I believe that you have plans to cut back on this program;
and I also believe that my contract, as Director, is not being renewed.
Could it be that this is a reprisal for my speaking out against the proposal
for the Town home bound elderly program? This would be in direct
competition with my East End Companion Care business, and my
competitors, Care and Companions. Competition between private businesses
is healthy, while competition with the Town government is not. In the past
I was pleased to have occasional referrals from the Human Resource
Center. Those referrals stopped when I had an unfortunate disagreement
with Venetia Mc.Ke|ghan, the Director of the Human Resource Center, who
had acted as a paid consultant to me, when I was starting my business.
Shortly ther~ ,fter Venetia McKe|ghan started urging the Town to open it's
own companion care business, and subsequent Town Board session Venetia
McKeighan ~qved slowly forward in creating this new program, saying it
would be good business for the Town, that it could be profitable for the
Town. In one Work Session she said, and I quote, that's where the money
is. The .qbe~tion of the future of Southold Town Program for the Disabled
must be judged by it's success ~n the past, and in the present, and my
continuation as Director must be fairly decided 'based upon my performance
in the past, and in the present. This should be the subject of an open
meeting of the Board. Leave the Programs for the Disabled intact and in
my care.
SUPERVISOR COCHRA~: Nothing has changed. There has been no change
in the program. There has been no change in your employment. There is
nothing planned for your dismissal in next year's budget. The funds are
there. The funds are there for the social aspect. I don't know how I can
convince you. I am telling. Here. Here's a copy. You can look at it
yourself.
LYNN RICHARDS: If it's in the budget, does that mean then at the end of
the year, that could you ..you would say now, publicly in front of
everyone, that I will running my program next year?
440 OCTOBER
SUPERVISOR COCHRAN: I think I have said that more than once, Lynn.
I have said that several times today. You are not going anywhere. The
funds are here. I just feel badly that you weren't professional enough to
pick up phone, and: come in, and say..l'm sorry. You should have called,
and questioned me.
LYNN RICHARDS: Excuse me, Mrs. Cochran?
SUPERVISOR COCHRAN: Yes, Mrs. Richards.
LYNN RICHARDS: My name is Miss Richards. Every since the article came
out that Venetia did in the paper back in January, two weeks later I
received a memo from you, asking for my time sheets. That was two weeks
after that article came out in January. It was dated February 1st. I have
been running the program for well over ten years. That had never
happened before. Then I received another memo, and then another memo.
Why couldn't you have picked up the phone, and asked me?
SUPERVISOR COCHRAN: That was the direction of the Board. As I said
in the beginning of the meeting, most of our departments do submit to the
Town Board a monthly report. I had asked you, you sent me one, then I
didn't receive any. Then I asked again. This is the last one we received,
but we are interested in what your program is doing. We are interested in
the services.
LYNN RICHARDS:
been in office..
I want to know why in the whole time that you have
SUPERVISOR COCHRAN: How many other members of the Board..
LYNN RICHARDS: That's unfortunate. That is a really unfortunate
statement for the Town of Southold, isn't it? I have to ask you something
else, while we are at it. I had asked you back in Februar~y about, I
believe it was February, I may be off on the date, that I wanted to plant
flowers in front of the Town Hail, the disabled. We do this every spring,
and you told me, no, that I think it was the Girl Scouts did I hear had
done that? I just wanted to clarify that.
SUPERVISOR COCHRAN:
the ~H.
No, last year I believe the sign out front said
LYNN RICHARDS: Because it looked so professional, all the petunias.
SUPERVISOR COCHRAN: This year it was done by the staff, the
~mpatients? The custodians. It's really sad. Here's more for the
public, if anyone would like to also see that it is included in the budget.
I would just llke to say that we are working, and we would like to see an
employment type project in the Town of Southold. We have working with
Cornell Cooperative Extension. We are looking to raise funds for a
greenhouse,- so if anyone knows where are some monies for a greenhouse we
certainly would appreciate it. Meanwhile we are looking to State and
Federal governments for that funding. So you will be hearing more about
this program. It is just in the talking stages right now. Okay, yes,
ma'am.
BARBARA KELLING: My name is Barbara Kelling, and I am from Laurel,
and am delighted to hear that Lynn Richards will be continued,, if you are
voted back into office. I have known Lynn as Director of the Town's
Program for the Disabled for over fifteen years. I first came in contact
with Lynn, when she started a volunteer program for the disabled in the
high school students. My daughter, Kate, took part in that program.
Later when Lynn developed this current program for the Town, I became a
Board member of the East End Disabled Benevolent Fund. I have worked
with children all my llfe. For twenty years I was employed by Cornell
Cooperative Extension, as the coordinator of all ~-H Clubs on north and
south fork, and speaking of Frank's project, I am a master gardener. I am
very happy, and would be happy on a volunteer basis to he!p. So, I am
well aware what makes a good program for children, disabled included.
Never have I experienced a more successful, or more well thought out
program than Lynn's. This program started with a small car of Southold
OCTOBER 28, 1997
citizens, and over ten years time has grown to a steady attendance of
approximately 200 to :750 young men and women. Someone right behind me,
who I have been with a long time. What other Southold Youth program can
say the same? Surely the Town has sponsored programs over the years,
that meet a few times with a marginal number of youngsters, like the
SOAR, and then peter out. Not this one, and there is only one reason it
is, and continues to be so well received and respected. That reason is
Lynn RiChards. Without Lynn it would be nothing. She is the program, as
i am sure all my fellow citizens here will tell you. This woman has brought
in their horizo.n.s, and .brought untold happiness to so many. She has taken
our Southold disabled men and women to ball games, Broadway shows, boat
trips around the StatUe of Liberty. One trip, which I .was a :chaperone~
stands out in my mind. On this cold DeCember day we loaded [~7 Southold
disabled citizens on a bus behind the parking lot at the North Fork Bank,
and took them in to see the :Christmas show at Radio City, Somehow Lynn
has managed to get us' front i-ow for her kids. Amazing;' I never would
have attempted such a trip with physically and mentally challenged people,.
She did it .with grace, compassion, and that sense Of true ~car~ing clearly
she serves. She has spons( ,s .at the
one being held just this Friday 3, t~he
ant weekly bowling, shop )s., and too-much more
to Of 'a kind and our town has
,yen untold hours for this successfu
I and gl~ing' caring advise, to P
an( and nights a week. She ;is ;
to them. Her Pa 'ob, here at the town, doesn't end
when the ; s it's doors. She has a
~hl!y qualified..It has
. 'but ! can't, that the
I am really happy to st
wha~t ill be happy to work as a volunteer
tw( s. elected, Whether .it be you or. Tom. to
peop u~ed as pawns on an[election year.
SUPERVlS!OR COC~H.RAN: That is exactly what Is happening.
BARBARA !KELLING:
happening.
It would be ..a totally pathetic. I don't think it's
SUPERVISOR COCHRAN: I think it's sad.
BARBARA KELLING: I think it would be sad.
SUPERVISOR COCHRAN: It is very sad.
BARBARA KEELING: You are right, and so I take your word for it, that
she is going to be returned. That there are no repercussions, because I
haPPen to be one of the people that wrote two of the letters to the Town
opposing the Town going into private business. I thought it was a stupid
move, and puts. us all in a great amount of liability that we don't need. I
have worked with her. She is my friend. She does a beautiful job. I would
not ==want her to take the consequences for any letters that I have written
to the Board, and I am happy to see that she has all her supporters here,
because you are all her friends, and I think your Director deserves a big
hand.
SUPERVISOR COCHRAN: Frank Carlin?
FRANK CARLIN: Frank Carlln, Laurel. I hope this isn't going to be
political. I don't think so. It is going to be a question as a taxpayer, I
want to ask Joe Townsend, and Ruth Oliva, since we had all the smoke in
mirrors about two years back, garbage, lights, traffic, noise, and
whatever, on the McDonald's issue, I would like to ask Joe Townsend and
Ruth Oliva since they opened up almost two years, what is your opinion of
that facility now:?
COUNCILMAN TOWNSEND: A lot of legislation, first of all, as you know
that. McDonald's had been approved before the law on formula foods past,
but a lot of legislation 'didn't prohibit fast formula foods. What it did was
it put them in certain zoning districts, Which tend to be the center of
town, and also, regulated how they looked, so that. a lot of the Taco Bell
OCTOBER 28 1997
kind of logo thing would not apply in Southold. Well, the,/ did have to
abide by our esthetic considerations, the no big logo, limitation on signs,
and so forth. I happen to think that McDonalds is one of the nicest ones I
have ever seen, and you know, since I don~t see a lot of debris around,
because there is not a takeout counter. I mean there is not take out
thing. So, to answer to your question, I think it has worked out pretty
well'for them. I would rather see them in the middle of town, but I think
it's worked out pretty well for them, and for the town. Ruth, do you want
to answer that?
COUNCILWOMAN OLIVA: Frank, frankly, I have never been in the
McDona[ds here. Just from the outside passing by, and driving, is certainly
from everybody that I have spoken to; all over from the. north and south
fork, is the Taj Maha .of McDonalds, and it certainly is a Ve~ .Hy
building. It ~looks good, and the whole idea behind this fast food nt
business o~ 'take out was to protect a town that we didn't to look 'y
town'.. We wanted'.it to .look like Southold. We did not want to
zoning, and look like Route 58 with one sign after Jen
arch;i or McDonaids, Bu~ger King, or Taco Bell. We
so we to work with the .Planning Board,
was
stru
and..
assume
resl~'ra
Thanks.
the Planning Board, at least
is. We were also fortunate, enou
on for a fast food restaurant,
we have one of the best:
~, and I am proud of wha~ we
out
it;
FRANK CARLIN: "The problem is, how close we come not to have it.. Five
year~s' before we ever, yOu'.know, really developed a .McDonaids there, but !
a I am gla, d to hear you say that, asr
~WaS; ~n there about people .'running ce, and
stuff ss,! and stuff, and one person, 3n
their name, said last Sunday in the news, I quote,~,the allow
the fast food chain into the town meant the end of tt town's rural
character. I can't see ,that; You just admitted now, i~Js ~ne Of ~he nicest
places we have in town. Why would that ever ruin the of the
town? I don't understand why that was said for
Newsday. I read it right here. Well, I will tell you one thing~ I am~ glad
to see it there, rather than not have it there, and think it's better off
for us there, then we would of had to when it came to giving up two land a
half acres of the Laurel property of the taxpayers' property to the YMCA.
I would rather have that there, than see that would have happened. ;I got
one thing to say. I don't know where Linda Fletcher ~moved to.
Furthermore, I care less. But I only hope they are not t~tyingI to~ build a
McDonalds there. If s.o, I also ho.pe that there is a anoth.e.r .FYank Carlin
there About all I'm ClOmCl to say r~ght now, but I believe~it isi one of' the
incest places we have in-Southotd. A lot of people use i~,. It~ not doing
any harm, and I got the Video tapes home on those we had
about all the smoke in the mirror, a lot of smoking on the pollution
and ights, and you can see the stars and all that nonsense~ Once in
awhile people come over the house, and we laugh at ~it. It 'is a .~ig joke. It
is the i3est thing that ever happened in Southold Town. A ~Dt of peOple use
it. Live and let live.
SUPERVISOR COCHRAN: Thank you, Mr. Carlinl Mr Wickham?
TOM WICKHAM: Tom Wickham, farmer in Cutchogue. I take exception to
the suggestion from the Supervisor that my candidacy might somehow have
been behind this discussion with Lynn Richards. That was an unwarranted
suggestion, and totally unwarranted. I had nothing to do with it. A
person came to me, and asked for my signature on a petition to see that
Lynn maintains her position, and I signed it along with hundreds and
hundreds of other people in this town. I would like to make a suggestion
to the Supervisor, and to the rest of the Board, because really it's a Board
issue as much as it is the Supervisor. Too much activity has been
conducted out of the sight of the public, and when things are done in
secret then people's concerns get exaggerated, and people start to wonder
what in the world is really happening here. If there is a discussion about
some broader thing wlth Mike Forbes, and Frank Murphy, and a lot of
other bigwigs, why couldn't that have been discussed openly in open
session, bring out the whole thing, bring Lynn.. Richards into it, so that
'OCTOBER
; 'bottom. Th; ~ment is about, and
whole .fracas could , if, in deed, your
efforts are to continue.' her in next year's budget. Could have been
avoided if the Board had accepted in openness in this whole discussion. I
am reminded of the DEIS of the= Cross Sound Ferry, that is currently
buried in secret in the Town vaults here in Town Hall. I am aware that
legal advise gives the Town a cover to hold it secret, but the Town doesn't
their education, for better decisions, and to avoid fracases, and
misunderstandings, like you have had tonight.
doors for over 35 minutes. Let's talk about closed ;doors. You and I have a
debate tonight. Let's. pick it up there. Thank you. Is.' t~here anyone else
who would like to address~the Board? Yes, ma!am?
CAROL HIDDINK: I would like to address Supervisor Cochran, and the
SoUth. name* ia Carol Hi~ldink, =.and I have a son who
is in a program with th. partment,. Due to the
fact ii, at you have ~as~. that= this will not terminate in January,
either?the ,elimination ~or the Coordinator, I will leave that
part out? because
of the: things that she has done.
former
a, r
by, ~
Mall.
Card
Count,
them I
as we~!
month. November
~s. It
Well.
Lynn was
'ph¥ in August Of
the. MattitUci
ave gone
witch, ;ii
the
Anne
an~d
New
IS~ ~
Ed.
spons~F
How, ate
to
old ~ E
earnedi their
un~queily quail
;peClf¥ a few
po, sition by
time she
avert
~ie could n(~t take advalnta~ge of them. ~e third
~e .a~ dli~nner dance~ .,a different each
and . December to .celebrate
al turkey dinner with ali the trimmings, llke
has ~ faithful ito work
ed
for
ication~,,i and for
)ns in our community. In
di a,t ndview
~., Mets ~baseball game ~al um every
city to see Broadway, shows as ~hicago.
, and go out to dinner 'ds at different
~hey have also been to RedJo City to see the
Center. Se~ port.
SPirit of
cut.' Just last weekend
a lunche(
Manhattan.
from the faithful:
a
; score
I followed by a
always I. enough
staff. ~ Besides
~g, their time
~iiat Ma~ttituc~ Lanes
~e Iisland~s
~hrough
.eniors
,acti~vities I
turned
heart
to someone
~trust him. This is
some of these kids
rY them, and th~
ationship, with them.
successfully
from i~ private
t, land!i might
p due
· . You
heart
~a good
have ,i Jr,/ Lynn
were ten years
ts; and' she has
In; '~, to= make her
brother, Stuart, who has Down's Syndrome,
'A4-6 OCTO.ER 28,
COUNCILWOMAN HUSSIE: I will expand. I was hoping to have a full
house; Didn't have a full house, but had some very interested people, and
I was absolutely surprised at the things that the general public is not
aware of. I put the number seven and a half billion dollars on the
blackboard, which is onl.y the amount of the original bond. When you get
done with the whole thlng'~ it comes out to be Closer to twenty-three
billion dollars, when
the things ii'at hap
came ) to me later,
sprea
inter(
easi
other
LIPA/L
ca I led
not allow!rig
had pregious
being .
and. evidently
that hap
si(
ha
and sald.
the debt service on it, but one
ng was that a number of people
would I, do something about
and to. If you are
You can
book; ~e
When I
on on
to
been
situation.
You ion
dol and
still will
borr a box but
this
SUPERVISOR COCHRAN: We know that.
JAY It's very important. Jay Gargani, Southold. My
concern is all this c[assifie.d inf.ormation thaf ,was delivered here
tonight, this is of what' ~s going On in Washington these days
with pa found, missing, some
uncla I. I'm what action
is the ~tion of these
reco~ rhaps some of
the :stroyed, or ~mpm in some way? I
believe I'm volunteering in carrying some of the boxes out for you.
SUPERVISOR COCHRAN: They willI be put in our vault by our custodian
for safekeeping. We d° have a vault.
TOWN CLERK TERRY: There's only one person that has a key, and that's
me, and the DEIS [or the Cross Sound is not in it.
JAY GARGANI: I'm not doubting you. I'm trying to-protect you.
SUPERVISOR COCHRAN: Thank you for your comment. Councilman Moore?
COUNCILMAN MOORE: I wasn't going to respor~d to the statement that the
Mayor gave. The bottom line was this. I put a request in fop information.
The Village Clerk said it will take some time. but you will get it.
Thereafter the Mayor, and the Board decided they weren't going-to give me
the information. The course you take at that point .is your app.e, al. They
ignored my appeal, and I su~d, and .the Judge said :to the ~/dlage, yo~
have no good reason .not to give the mformati~n, .give the information, so
al the rest of that aside, I a~n very happy to see it, '1 am looking forward
to going through 'f~he informat[on. That's what thi~ ~as all about.. The
allegations that we aide trying' t° stop the sale a~e inaccurate. We have
said, I have said, I look for~vard to the Water AUthol~[t~y coming in, and
taking over that system, and to the rate reductions that is going to come
from that, so everything is hot air, but I am looking forward to reviewing
the information.
OCTOBER 28,1997 4.47
COUNCILWOMAN HUSSIE: And at no point was there any expectation of
- ~ 'vi
the /own recel ng any money. As I recall, it was if there was anything
left over that hadn't been used, it was going to go to the ratepayers.
COUNCILMAN MOORE; Or to the Water Authority. Either one, to do for
the purpose for. which that money was collected. That was the only point
there. On a lighter note, I was doing advertising before for Special
Olympics. Can I do advertising for arts in Southold Town? Can I take the
opportunity? There is a concert on November the 9th over at the Church
of the Open Door. A fourteen year old piano virtuoso is coming out to play,
and I have heard nothing but raves about this young man. He was found in
the subways of Ne~ York playing a keyboard. New York Times calls him
Little Mozart.. Even Jr.:you don't like piano music, take your .children, go,
enjoy 'thi,, be an unbelievable opportunit3}. Thru group. ~as
brought out mu., and groups to perform in town~ that~ have been
under-~ ity, and I heartily encourage you to look
for the a( find a ticket, and get to
this~musi¢ian. I lc. Anyway, I'm tr3 up
a little bit on an~ otherwise flack filled evening. Thanks;
SUPERVISOR COCHRAN~'.:I would like to share with you at we :have
finished up the last two of our STAR meetings, one in East ~ ue,. and
one in Greenport.. Fo,r those of you that don~t know, and hopefully we will
continue to get out information, because Governor Pataki's ~TAR program
is anyone' making less than $60,000 a year will have the 0p!portunit¥ to
reduce their school, tax by LILt%. These are for seniors over. a five year
period. You: really should check with the Assessors Office, and 'if. you
to flail out forms, there are forms, if you would please do s°'. Also~ the
Graffiti amd Vandalism Committee met, and we are planning a town
cleanup. Once ~the. :leaves come off the bushes, and
highway, ~=. to =see all the litter that is
hidden b3 we are working with
and we will be groups, and we ho
.he opportunity to mE ye
talking stage, and
ArShamomaque property. ThE
becoming a partner, as is the County, and some e
alread;y so you will be
as it East End Supervlsor's
five east end ~ave been working together on a an
regional to the End. Val Scopaz, who is the head ( ng
DepaFt~.ent chairs that committee,, and as Chairman of
Superwsor~s we did have Val give a report this past
recomm be acting upon.
review, head meetings,
meetings, opportunity to have lunch
Muni( They made me an honora
quil It ~sy, in addition to
to say sometl- to Mr. Kapell's statements.
supported the FOIL as strong as I did is because I he
is above the law. When you put in a request for. the
bounds of the law, you expect it to be answered. He chose not to. This in
my mind is' not perhaps the best role model for young people in the
community. We try to encourage them to stay within the bounds of the law,
and when they see someone in this position not abiding the law,-it's a
negative. As far back as the meeting that the Mayor mentioned, last
February, from that time I have been requesting meetings with the Mayor,
and the Village of Greenport. May 30th parade both Boards marched in
the parade. We agreed that, yes, let's get together, and meet, and solve
some mutual problems'.. On several occasions I saw the Mayor, and said,
hey, let's get together, let's set up a meeting. No response, never called.
Since that time my staff sends a letter to the Mayor every Friday like
clockwork, please, will you meet with us. We have problems and concerns,
that are for the benefit of all of us. The letter goes out every Friday. i
did have one response, that said that we are not meeting with you until
you pay the $60,000 ~hat you owe us. We have had an audit with our CPA
~n relation to the Scavenger Waste Plant in Greenport. We do not owe the
Town of Greenport $60,000. So, my letter went back, sorry, Dave, our
accountants say that we do not owe you these funds, but, please, let's
meet. To date, since that letter, and every Friday out goes the letter, we
have not had a response from the Mayor. So, I question who is serious
44:8 OCTOBER 28, 1997
about meeting and solving problems. It's unfortunate that people were
given misinformation in relation to the Disabled Program, but it, was
misinformation, and, Tom, I am just saying to you that one the house
directors that called said last night that her people in their home were
being told to vote for Tom Wickham. He will save the program. I just know
what I was told, and I am not making a direct accusation, but it would be
unfortunate if this was used as a political issue. It's disheartening,
because Southold, I believe, is not like that. SouthOld is a good town,
good people, people that care. The program itself could not exist unless
there were many, ',many volunteers, that worked, with the program, and that
is a goodness i~ people to do that. That's all I have. ,to report at this
point. I would like to thank you for joining us thi! and
forward to you coming again. We have a resoluti~n;',we
of a member of the North FOrk Prometion Ceuncil, 'and ='we WoUld like to
close the meeting with this resolution.
Moved by, SuperviSOr Cochran, seconded by The 'Entire Town Board,
WHEREAS, this Board has learned with deep sorrow of the death of
WILBUR "SKEETS" LLOYD RAY,member of the North, ,Fork Promotion
Council, Inc.; and
WHEREAS, in' his Service to the people of the Town of Southold since
1992, Mr. Ray'distinguished himself as a dedicated and consc~ientious public
servant Working lri both Laurel and Greenport Town of SoUthold, information
booths; a~d
WHEREAS. "SKEETS" RAY loved the East End of Long Island and
imparted his extensive knowledge of its history to the many ~isitors to the
North Fork in a ~unique 'and humorous manner, which ~VH! be missed sorely
in the future; and
WIlE :; Town Board of the Town of Southofd wishes to give
of its loss in the death of WlLBUR"LLOYD~ RAY. a man
respected by all; now. :therefore. be it
the
DATEI
Vote
Su
Town Board adj
of'WILBUR LLOYD RAY;
1997.
this da
this resolution be
and a copy be transmit
may extend to I
it does so out of
'ther
the minutes of
t~he family of
sympathy.
Ayes: Councilman MOore; Justice Evans,
:ilman Townsend. Councilwoman Hussie.
SUPERVISOR COGHRAN: May I have a motion to adjourn?
Moved by CounCiiW~.man'Oliva, seconded by Counc[Iwoman~HUssie, it was
RESOLVED that 't[h'ls ToWn Board meeting be and hereby ts adjourned at
6:15 P.M.
Vote Board: Ayes: Councilman Moore, Justice Evans,
CounCilwoman Councilman Townsend, Councilwoman Hussie,
Supervisor Coch~ran.
This resolution 'was duly ADOPTED.
Judith T. Terry ~
Southold Town Clerk