HomeMy WebLinkAboutTB-09/15/1998SEPTEMBER 15, 1998 '~'~
SOUTHOLD TOWN BOARD
SEPTEMBER 15. 1998
WORK SESSION:
Present: Supervisor Jean W. Cochran, Councilwoman Alice J. Hussie , Councilman
'William D'. Moore, Justice Louisa P. Evans, Councilman John M. Romanelli, Town
Clerk Elizabeth A. Neville, Town Attorney Gregory F. Yakaboski.
Absent: Councilman Brian G. Murphy.
Updates:
9:12 A.M. Supervisor Cochran asked Councilman John M. Romanelli to take on
the responsibility of the 10 year census. He has accepted and will be in charge
of coordinating it. Melissa Spiro has been assigned to work on the Moratorium.
Supervisor Cochran has asked for maps on County Route /~8 and and New York
State Route 25. Supervisor Cochran advised that she also spoke with Lee
Koppelman and Steve Jones of the Suffolk County Department of Planning.
Councilman Moore stated that we will not be asking this person to reinvent the
wheel, but just to go back and review what has already been done and help us
with sitting down and drafting the legislation for the Town Code. Documentation
will be prepared within nine months so they are ready to make determinations.
This will be the job of the consultant to prepare for the the execution and
implementation.
9:00 A.M. - Not-For-Profit Corporate Structure Follow-Up. - The Board
discussed options for amending the code with regard to golf course. This item
will be sent to Code Committee for review.
9:15 A.M. Appointment (9:35 A.M.) Chairman of the Board of Assessors re:
additional Senior Tax Exemption. The State has raised the ceiling amount
allowable from $26,900.00 to $27,900.00. This would calculate out to $1.83 per
thousand of assessed valuation. It is a little more than usual because of the
StaT Program. There are 600-1,000 qualified seniors. (Resolution No. 8 was placed
on the agenda to set a date for a public hearing on this matter.)
9:30 P.M. Edward Boyd, Chief of Southold Fire Department representing the
Southold Town Fire Chiefs Council appeared before the Board to request the
Town Board to appoint a fire marshal. He stated that they have been trying for
fifteen years to get a fire marshal appointed in Southold Town. They believed
that it was going to be accomplished this time. They understood that there has
been some problem with the Civil Service Classification, but believes that it has
now been corrected. Chief Boyd stated that Southold has a distinct need for a
appointing a fire marshal. They have businesses, commercial properties, schools,
and other public buildings to which the access is terrible. He advised that a lot
of these buildings have chained doors and are storing unidentified hazardous
materials which are very dangerous. He expressed his opinion that the person
appointed to this position would take a great load off the Building Department
and be able to do these things which are not being done. They have concerns
that are not being addressed and he advised that each day that goes by there is
a potential for disaster. Councilwoman Hussie informed him that she doesn't
agree with him on the need for one. Chief Boyd answered that there is no way
that a part-time summer person can inspect everything that needs to be done,
buildings, ingress and egress for emergency vehicles. Chief Boyd reiterated that
fire protection has always taken a back seat to other things that need to be
done. Nothing ever happens with fire protection until you have a disaster.
People just don't think about it until then. Councilwoman Hussle and Councilman
John Romanelli said to take the money from the taxing district of the fire
districts. Mr. Boyd said that it is not the responsibility of the fire district to
appoint a fire inspector. They cannot do it, it has to be done by the Town. A
dedicated person is needed to enforce the fire codes and the building codes.
SEPTEMBER 15', 1998
With all due respect, to Bob Fisher, he doesn't not even have the power to write
a violation. All of the fire departments are very frustrated that we here on the
north fork east end, do not have the same protect.ion as the other east end
towns, Southampton, Riverhead, East Hampton, Brookhaven, everyone else has
them. The people of the Town of Southold are not getting the protection they
deserve and need. Councilwoman Hussie read the civil service job description
and said that she doesn't see it mentioned there. Town Attorney Yakaboski
advised that you must write it into the code to make it inclusive. Mr. Boyd
voiced his concern that if the Board appoints a building inspector, his time will
be spent doing work other than fire inspector. Supervisor Cochran asked Mr.
Boyd for some clarification with regard to the 15 foot wide roads that they have
concerns with access. Mrs. Cochran asked if he could get the other
departments to submit their lists of roads. Supervisor Cochran advised that last
year there was a half a person in the budget. This year she put in for a
full-time person. Health, safety and welfare is the responsibility of the Town
Board. Our present inspectors do not have time. She told him that she could
see his concern that another inspector would be gobbled up by the Building
Department and not used exclusively for fire inspections. Justice Evans
suggested that the Board investigate and contact Riverhead to find out what
they can do and can their fire inspector issue summons. Justice Evans also
questioned how many premises violations were found on and how many
appearance tickets were issued. The Suffolk County Police Arson Squad or our
Building Inspector is called out afer a fire to determine the integrity of the
structure. Mr. Boyd left at 10:15 A.M.
10:15 A.M. James Bunchuck, Sol id Waste Coordinator appeared before the
Board with regard to four resolutions that he would like adopted. The first one
being for 75,000 additional yards of sand. More sand is going to be needed for
the landfill. Right now there are a lot projects going on all over the Island and
it is a good time to get it. If the supply dries up, it could cost three to four
times as much for the additional sand that will be needed. (See Resolution No.
9). The second resolution is needed for the rental of the bulldozer.. Mr.
Bunchuck thought that the bond would pay for the rental of the bulldozer, but
it will not pay to purchase it. He may have to go to bid on this one. Overtime
on the bulldozer could come from the bond also. Mr. Bunchuck said that he
checked with contractors on this one and they pay their operators at least twice
as much as the Town does. (See Resolution No. 10) Mr. Bunchuck advised that
another truck and payloader is needed for mulching and other work. The truck
he has now was 12 or 1[~ years old when they purchase it. Now it is 30 years
old. They know of one in Pennsylvania that they would llke to look at.
Permission was requested for Edward Capobianco to travel to Pennsylvania to
look at this equipment for possible purchase. (See Resolution No. 11). The
Board discussed the "volunteer recycling coordinator" with Mr. Bunchuck. The
Board is of the opinion that this person should have one or two goals to
accomplish with a clear definition of the job .and goals. They asked Mr.
Bunchuck for suggestions. He suggested two items: (1) an updated brochure is
needed; (2) "America Recycles Day" in the Fall to promote people to buy things
in recyclable packages. USLS Use Less Stuff Day. Councilwoman Hussie
questioned who will supervise her? Supervisor Cochran answered that she would
be under the supervision of the Town Board. She would be given two specific
charges: a brochure and an event. Anything that she develops must be run by
the Town Board first. Mr. Bunchuck will bring this volunteer in to meet the
Board at the next meeting on September 29th.
On motion by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold enter into Executive
Session at 11:06 A.M. for the purpose of discussing personnel and acquisition of
land. Vote of the Town Board: Ayes: Councilman Moore, Councilman Romanelli,
Councilman Murphy, Justice Evans, Councilwoman Hussie, and Supervisor
Cochran. Also present Town Clerk Elizabeth Neville, Town Attorney Gregory
Yakaboski.
Resolution number 12 originated as a result of a discussion in the foregoing
Executive Session.
Executive Session ended at 12:25 P.M. at which time the Town Board recessed
for lunch.
1:15 P.M. The Town Board reviewed IV. For Discussion Items. IV. 1. Lack of
Parking Stickers at Coldsmlth Park. The Police will be notified to check the
area. IV 2. Credit for Vendors of Yellow Bags. The Town Clerk will sit down
and talk to Comptroller John Cushman about setting this up administratively.
IV. 3. Proposed changes to Chapter ti8, Garbage, Rubbish and Refuse. This
was tabled for the time being, IV. /~. Property lease for Animal Shelter. We
must see a site plan and public hearing on this. IV. 5. Employment of disabled
workers at the landfill to roll change from the bag vending machine. Supervisor
Cochran had someone in mind. an older gentleman in a wheelchair. She will give
the name to Councilwoman Hussie. IV. 6. Cablevision Franchise Fee. (See
Resolution No. 13) IV. 7. Employee Handbook. The Town Board reviewed it
and made several changes to it. (See Resolution No. lq to adopted lt.)IV. 8.
Proposed amendment of Town Code Section 77-204 re: scallops. (See Resolution
No. 15 setting the date, time and place for a public hearing. IV. 9 ~; IV. 10.
- Moratorium. Town Attorney Yakaboski will draft these town resolutions'. (See
Resolution Nos. 16,17, 18, F, 19. IV. 11. Set a date to interview Laborer at
Scavenger Waste Plant. Councilman John Romanelli will set the date and contact
the personnel assistant to send out letters. IV. 12. Additional Scale for Landill
- The Town Board said no. IV. 13. Building Permit Criteria Structures and
buildings will be defined. IV. lit. Request for interpretation re: radio tower.
IV. 15. Request of Highway Superintendent Jacobs to place employee on
workers compensation. (See Resolution No. 20). IV. 16. Request for participation
in the early retirement plan. The Town Board said no.
On motion by C0uncilm~nl MGore, seconded by Councilman Romanelli, it was
RESOLVED tt~at the: ~wn Board of the Town of Southold enter into Executive
Session for the purpose of discussing personnel and property acquisition.
Vote of the Town Board: Ayes: ~0uncilma6 Mo~re, C~uncilman Romanelll,
Councilman Murphy, Justice Evans, Counci woman Hu~sie, and Supervisor
Cochran. Also present: Town Clerk: Elizabeth A. Neville, Town Attorney
Gregory Yakaboski.
Executive Session and work session ended at 4:05 P.M.
SEPTEMBER 15, 1998
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on
September 15, 1998, at the Southold Town Hall, Main Road, Southold, New
York. Supervisor Cochran opened the meeting at 7:30 P.M. with the Pledge
of Allegiance to the Flag.
Present: Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
Absent: Councilman Brian G. Murphy
SUPERVISOR COCHRAN: May I have a motion to approve the audit of the
bills for September 15, 19987
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the following bills be and hereby ordered paid: General
Fund Whole Town bills in the amount of $525,222.26; General Fund Part
Town bills in the amount of $11,663.29; Highway Fund Whole Town bills in
the amount of $0`9,678.25; Highway Fund Part Town bills in the amount of
$20,333.77; CHIPS (Highway Part Town) bills in the amount of $52,706.50;
Capital Projects Account bills in the amount of $319,100.00; Ag Land
Development Rights bills in the amount of $7,312.31; Payloader Capital
(Landfill) bills in the amount of $90,068.05; Landfill Cap & Closure bills
in the amount of $15,827.37; Lighting/Heating Capital A/C bills in the
amount of $25~000.00; Computer System Upgrade bills in the amount of
$0`15,185.33; Sweeper & Payloader Capital bills ~n the amount of
$70,0`00.00; Employee Health Benefit Plan bills in the amount of $0`3,0`81.71;
Fishers Island Ferry District bills in the amount of $19,823.20`;
Shorecrest at Arshamomoque bills in the amount of $27,698.0`0; Lands
End road Improvement District bills_ in the amount of $25, 0`85 . 00; Refuse and
Garbage District bills in the amount of $155,378.92; Southold Wastewater
District bills in the amount of $600`.03CR; Fishers island Sewer District
bills in the amount of $85.33; Southold Agency and Trust bills in the
amount of $8,999.ttl; Fishers Island Ferry District Agency ~ Trust bills in
the amount of $583.07.
Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: May I have a motion to approve the minutes of
September 1, 19987
Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the minutes of the September 1, 1998, Town Board
meeting be and hereby are approved.
Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Set the date for the next Town Board meeting,
Tuesday, September 29, 1998, at 0`:30 P.M.
Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was
RESOLVED that the next meeting of the Southold Town Board will be held
at 0,:30 P.M., Tuesday, September 29, 1998, at the Southold Town Hall,
Southold, New York.
Vgte of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
SEPTEMBE 15, 1998
SUPERVISOR COCHRAN: We are very pleased this evening to have all
these blue and white uniforms over here, and we have a special
presentation. This is a soccer team, and at last Board meeting you may or
not be aware that we honored the soccer team of the young men from
Mattltuck, and my office received a phone call, so ladies would you please
come forward, and your coaches also. How old are these young woman?
Fourteen and. under? We are very proud of your championship.
Moved by Supervisor Cochran, seconded by the Entire Town Board,
WHEREAS, the Town Board of the Town of Southold wishes to recognize
THE MATTITUCK STORM, a team in the MATTITUCK SOCCER CLUB,
LONG . ISLAND JUNIOR SOCCER LEAGUE, for winning the 1998
Waldbaum's Long Island Youth Soccer Challenge Championship, the Long
Island League Division Championship Spring 1998 and placing second in the
East End Soccer Tournament in the under - 13 age group; and
WHEREAS, these championships are an example of the spirit, dedication,
team work and sportsmanship of THE MATTITUCK STORM as they
defeated formidable opponents; and
WHEREAS, the importance of the skill, pride and commitment of the
~.oaches~ families, and team supporters cannot be overstated as
HE MAT~riTUc:Kpare~ts' STORM olayers were guided toward these outstanding
accomplishments; now, therefore, be it
RESOLVED that the Town Board of the Town of SoUthold wishes to
THE MATTITUCK STORM for Winning the 1998
Youth Soccer Challenge Championship,
t ision Championship Spring 1998 and placing
second rnament; with deep appreciation to the
team, for the positive :example they have
provided to the Town.
MATq'ITUCK STORM
DebbieiHOrton, Anne Lasota -Coaches
Rosie Allen
Kaitlin Burden
Patricia Horton
Allison Lynch
Jennifer Milner
Kristen Sabat
Jessica Bodis
Kate Burger
Laura. Jen.s.en
Silvlia Martin
Lauren, Morris
Liane SChoenstein
Heather Burden
Emily Crook
Christine Lasota
Leslie Miller
Caitlin Pollstena
Nicole Vatale
Dated: September 15, 1998
Vote:.of~ the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice:Evans, Councilwoman HusSie, Supervisor Cochran.
Th~s resolution was duly ADOPTED.
SUP V~ISOR COCHRAN: !What we also did today, so that each of the girls
can to take hbme with them. We made copies of the resolutions
itself. ~ is not a pretty red folder, but it does give you the compliments,
an.d th~ , and the glory, that evidently you all deserve, and this is
.being presented on bel,air of the Town Boar.cl. We like to see youth
involvement, and yo.u are ia good example. We dIdn't do this for the boys.
They didn't get cop~es. They will be back. Thank you so much, and we
wish you well with your future games.
I. REPORTS.
SUPERVISOR COCHRAN: For those of you that did pick up a agenda, they
are out on the table in the front hall, each Board meeting the Board
receives reports from the different committees in the different departments,
and they are placed on file with the Town Clerk· They are public
information. You are more than welcome to come in and obtain any of this
informatiOn· These are presented to the Board, as I said, every two weeks·
1. Southold Town Clerk's Monthly Report for August, 1998.
2, Scavenger Waste Treatment Facility Monthly Report for August, 1998.
3. Southold Town Police Department Monthly Report for August, 1998.
a,. Leave Time Taken Report for June, 1998.
5. Leave Time Taken Report for July, 1998.
6. Leave Time Tale Report for August, 1998.
7. HHS Claim Lag Study Analysis, PBA for August, 1998.
8. HHS Claim Lag Study Analysis, Town for August, 1998.
9. Southold Town Planning Office for August, 1998.
10. Southold Town Justice Evans Monthly Report for August, 1998.
11. Southold Town Justice Price Monthly Report for August, 1998.
12.
1:3.
1998.
1~.
1998.
15.
16.
Southold Town Justice Bruer Monthly Report for August, 1998.
Southold Town Recreation Department Monthly Report for August,
Southold Town Program for the Disabled Monthly Events for August,
North Fork Animal Welfare League Monthly Report for July, 1998.
North Fork Animal Welfare League Monthly Report for August, 1998.
II. PUBLIC NOTICES.
SUPERVISOR COCHRAN: We also every two week period receive public
notices. The ones that are on the agenda for tonight is for the Southold
Town Trustees, one is for the season in harvesting the scallops. Another
one is for New York Department of Environmental Conservation notice of a
public hearing, and the third one is U.S. Corp of :Engineers in relation to
a float and ramp maintenance in Arshamomaque Pond. We have received
communications from the head of the New York DOT pending traffic study
requests, a letter from Walt Krupski thanking the town for their donation
to the Douglas Moore Concert, a letter to Supervisor Cochran from Gerard
McGinty supporting the changes that the County is doing on Route 48,
and Wi~kham Avenue in Mattituck, and a letter to .our Town Clerk in
relation the denial of a traffic request on 25 and Oaklawn.
1. Southold Town Board of Trustees Notice of Scallop Harvestin. g dates:
October 5 - October 18, 1998, dip net or scalp net is Permitted for
non-commercial harvesting only; October 19 - .March :31, 1999 ali: gear
permitted pursuant~o Chapter 77 of the Southold Town Code.
2. New York State Department of Environmental Conservatic~n, Notice of
Complete Application of JMC Capital Corp. for a tidal Wet andS permit to
sink existing boulders currently exposed on a beach located at 62825
County Road u~8, Town of Southold. Written comments by October 9, 1998,
legislative hearing October 14, 1998.
3. U.S. Army Corp of Engineers, New York District, Notice of
application of Will~iam Pappas for a permit to~ maintain as completed a
platform, a ramp, a float and pilings in Arshamomaque Pond, Great Peconic
Bay, Town of Southold, Written comments by October: 8, 1998.
III. COMMUNICATIONS
1. Criag Sircusa, New York State Department of Transportation in
regard to pending traffic study requests.
2. Waiter Krupski, Jr., thanking the Town for their donation to Douglas
Moore Memorial Concert.
3. Gerard McGinty supporting changes at the intersection of Route [[8
and Wickham Avenue in Mattituck.
u,. Thomas F. Oelerich, New York State Department of Transportation
with traffic signal request at Route 25 and Oaklawn Avenue in Southold.
IV PUBLIC HEARING None.
V. RESOLUTIONS.
SUPERVISOR COCHRAN: The Town Board has a policy prior to the adoption
of resolutions, that the public is given the opportunity to speak to the
Board on any input you may wish to share with us at this time. Mr.
Siegmann?
ED SIEGMANN: I just want to make a comment on behalf of the seniors,
that comes under the circuit breaker law. I want to thank the Board for
forming a hearing in reference to the increase in that law. Thank you.
SUPERVISOR COCHRAN: Any other comment in relation to the resolutions?
(No response.) If not, at the end of the adoption of the resolutions the
Town Board will accept from each and everyone of you any comments in
relation to Town business. Is there any other comment in relation to the
proposed resolutions? (No response.) If not, we will begin the adoption.
SEPTEMBE 15, 1998
1.-Moved by 'Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes a refund in the amount of $15.00 to Southold Yacht Club, which
sum represents a voided Yard'Sale Permit.
1.-Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
2.-Moved by Councilwoman Hussie, seconded by Justice Evans,
WHEREAS, the Town ':benefits from the clean-up of its beaches through
the efforts of the Annual Hands Across the Bays Beach Clean-Up which will
take place Friday, September 18, 1998 through Sunday, September 20,
1998; now, therefore, be it
RESOLVED ~ Board of the Town of Southold hereby grants
the
Cle'an-i
Jus
This resOlut
Bays, Inc. to waive the Landfill Fee for the
'bage from the Annual Hands. Across the Bays Beach
Ayes: Councilman Romanelli, Councilman Moore,
Hussie, Supervisor Cochran.
ADOPTED.
3.-Moved by Justice.Evans, seconded by Councilwoman Hussie, it was
RESOLVED the Town Board of the Town of Southold hereby
authorizes Administrators to pay the medical bills of
Randall Wel submitted by Eastern Long Island Emergency Physicians more
than 90 days after the date of service.
3.,Vote of ~ Ayes: Councilman Romanelli, Councilman Moore,
Hussie, Supervisor Cochran.
This duly ADOPTED.
4.-Moved by Councilman. Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1998 budget as follows:
To:
A~7520.4. 600.200 Landmarks Preservation Commission, C.E.
Miscellaneous
Meetings $ Seminar $ ~S0.00
From:
A. 7520.4.400.300
Landmarks Preservation Commission, C.E.
Contracted Services
Printing & Engraving $ 450.00
4.-Vote of the~ Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, CouncilWoman Hussie, Supervisor Cochran.
This resolution was .duly ADOPTED.
5.-Moved by Councilman Moore, seconded by Councilwoman Hussie, 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 on all roads in Mattituck Estates: Azalea Road, Blossom
Bend, Cardinal Drive, and Meadow Lane for the purpose of lowering the
speed limit from 35 to 25 miles per hour.
5.-Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans,, Councilwoman ~Hussie, Supervisor Cochran.
Th~s ~resolut~on was duly ADOPTED.
6.-Moved by Councilwoman Huss~e, seconded by Councdm n Romanelli,
WHEREA~, the rUle~ and regulation promulgated by the New York State
Deferred Compensation Board require that the Deferred Compensation
Committee act on behalf of the Town with regard to the Town's Deferred
Compensation Plan,
WHEREAS, /the ToW~n Board of the Town of Southold has created a
Deferred compensation Committee to review Employees Deferred Compensation
Plans ~ to the Town Board, and
of the Town of Southold wishes to retain its
df of the Town with regard to the Town's Deferred
Plan, now, therefore be it
the Town Board of the Town of Southold hereby dissolves
the trent Compensation Committee, and
~/1" ;: SEPTEMBER 15 1998
BE IT FURTHER RESOLVED that the Town Board of the Town of
Southold shall be the Town of Southold's Deferred compensation Committee
and
BE IT FURTHER RESOLVED that the Town Board hereby
forms a Deferred Compensation Advisory Committee and
BE IT FURTHER RESOLVED that the member of
Compensation Advisory Committee shall consist of the
CSEA Representative Linda J. Cooper, Town Comptroller
and Councilwoman Alice Hussie.
6.-Vote of the Town Board: Ayes: COuncilman Romanelli,
Justice' Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly. ADOPTED.
establishes and
the Deferred
PBA President,
John Cushman
Councilman Moore,
7.-Moved by Justice Evans, seconded by Councilman Romanelli,
WHEREAS, the New York State Deferred Compensation Board (the "Board), pursuant to Article 2,
Section S of the New York State Fioance Law ("Section S"), and the Rules and Regulations ofthe
New YOrk State Deferred Compensation Board (for reliance from June 9,1998; published in the
State Register' July 1, 1998 and with an effective date of October 1,1998)(the"Regulations), has
promulgatedlthe Model DeferredCompensatien plan for Employees of the TOwniofSouthold (the
"Model Plan'') and offers the Model Plan for adoption by local employers;
WHEREAS, Section 457 of the Internal Revenue Code of 1986, as .mended (the "Code"), was
recently amended bY the Small Buslnes.s. Job Protection Act of 1996 to require that .m.ounts held
pUrSuant to eligible deferred compensation plans such as the Model Plan must be held in trust for the
exclusive benefit of participants and their beneficiaries;
WHEREAS, Section 457 (e)(9) of the Code was recently amended by the Taxpayer Relief Act of
1997 to increase the m.xlmum elective distribution amount for sm*ll accounts from $3,500 to $5,000;
WHEREAS, effective September 3, 1997, the Board -mended and restated the Model plnn to requL-e
that .mounts held pursuant to eligible deferred compensation pl-n. such as the Model Plan must be
hdd in trust for the exdnslve benefit of participants and their beneficiaries and to make other
mi.~eOns modifications to,the Model pi,an;
WHRREAS, effective April 1, 1998, the Board ag. in _amended and restated the Model Plan to
inCl~9.$o the rn.x'imnm elOgt~e distribution .mount for small accounts from $3,500 to $5,000, to
permit the deferred compensation commltt~ of a Model Plan to direct the tr,an.fer of the account
bM.nges of Participants whose employment is being tr,an.~erred to ~anotber employer permitted to
ad"-' - a~:'~'le deferred comnensation .lan pursuant to Section 457 of the Code or, alternatively, to
pe.r~ult such participants to elect to transfer thew account balances to the eligible deferred
compensation plan of the participants' new employer, and to ¢l,arEy that each participant may take
into account the portion of the annual deferred compensation limitation that the Participant did not
tm_qlze under any eligible deferred compensation phm adopted pursuant to Section 457 of the Code for
the purpose of determining such Partidpant's catch-up contribution limitation with respect to the
Model Plan adopted by the Participant's employer;
WHEREAS, the Board ires offered for adoption the mended and restated Modal pl,a. to each Model
Plan ~ponsored by'a local employer in accord-nco with, the Regulations;
WI-IE. REAS, the Town of Southold, pursuant to Section 5 and the Regulations, has fully considered
the varlons options available to it for the adoption of eligible deferred compensation plsnn: induding
adoption of the State plan, the Model Pis% and individually designed pl,n~, and desires to adopt the
Madd Plan which shall be known as the Deferred Compensation Plan for Employ'~'~s of the Town of
Southold;
WHEI~g. AS, the Town Board of the Town of Southold has appointed itself as the Deferred
Compensation Committee (the "Committee) tO act on behnlf of the Town of Southold;
WI~.I~g.A~, the Commit~--~e- has solicited and evaluated competitive proposals of Admlni~trative
Service Agencies and lrmandal Organizations providing: trust and trustee services, in accordance
with the Regulations, now therefore be it
RESOLVED that the Town of Southold here.by adopts the Deferred Compensation Plan for
Employees of the Town of Southold by adopting the amended and restated Model Plan effective April
1, 1998 and
BE IT FURTHER RESOLVED, that the Town of Sonthold hereby selects Nationwide Trust
Company FSB and FMB Trust Company N.A. to serve as trustees and
BE IT FURTHER RESOLVED, th_at PEBSCO and Hartford Li~ Insurance comPanY, Inc. are
appointed the Ad_ m,m-~trative Servlce Agencies and Nationwtd.e. Life ~urance. Company and
l~tford Life Insurance Company, Inc. are appointed as the ~nnncia!Organizatinns and
BE IT FUR .T~E.. ~R RESOLVF~D, that peva!~g notification of the ~efe~red Comp~afi. on Boa? in
accordance with Section 9003.3 lc) of the Re~...ah~on~..., the Comae'is he~byauthorized aaa
directed to enter into appropriate contracts with Nationwide Trust company FSB and FMB Trust
Company, N.A. PEBSCO, Hartford Life ln.~urance Company, Inc. and, Nationwide Life ln.~urance
Comuanv. and to enter into other contracts as may be necessary or appropriate to effect the
foregoing.- '- ~' In no event shall these contracts be of greater duration .than' five (5) years, and every
contract or agreement entered into shall contain a provision that the agreement or contract is subject
to the Regulations and the Modal Plan.
IN WITNESS WHEREOF, the undersigned have executed this ~o!u~0n in ~ Town of Southold,
Suffolk County, New York t_big 1Sth day of September, 1998 and dire~ that it be filed as
appropriate. Jean W. Cochran /S/
Louisa P. Evans /S/
Alice J. Hussie /S/
William D. Moore /S/
Brian G.~ Murphy /S/
John M. Romanelli /S/
SEAL
7.-Vote of the Town Board: Ayes: Councilman Romanelli,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman Moore,
8.-Moved by Councilman Moore, seconded by Justice Evans,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, on the 15th day of September, 1998, "A Local Law in Relation
to Senior Citizen Exemption"; now, therefore be it
RESOLVED that the Town Board hereby sets 5:00 P.M., Tuesday,
September 29, 1998, at the Southold Town Hall, 53095 Main Road, Southold,
New York, as the time and place for a public hearing on this Local Law,
which reads as follows:
A Local Law in Relation to Senior Citizen Exemption
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter IL~ (Taxation) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 85-1 (Partial Exemption for settlor citizens) is amended
as follows:
A. Amount of Exemption
(1) Real property, owned by one (1) or more persons, each of whom is
sixty-five (65),-years of age or over, or real property owned by husband
and wife, one (1) of whom is sixty-five (65) years of age or over, shall be
exempt from town taxes to the extent provided, subject to the following
· income limitations:
SEPTEMBER 15, 1998
Extent of Exemption
Income
'Up tO $19,499
· $19,500 to $20,499
~26..G00 fn ~')l.4.qg
$22:500 to ~23:399
$23.400 m $24.299
$24,300 to $25.199
~5,200 to
:$26,1~ ~
· ~e.~.~8,-4e9- 50%
45%
$2~6ee-m~o 30%
50%
45%
40%
35%
30%
25%
20%
15%
10%
5%
~20%
~~-25,~J~ 10%
II, This Local Law shall take effect upon filing with the Secretary of
State.
* Underline represents additions
Strikethrough represents deletions
8.-Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
9.-Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for bids for up to
75,000 cubic yards of sand for use in the landfill capping project.
9.-Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
10.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southoid hereby
authorizes and directs the Town Clerk to advertise for bids for rental of
D-8 or larger sized bulldozer for a minimum period of two (2) months for
use in the landfill capping project, at a cost not to exceed $9,000.00 per
month.
10.-Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
11.-Moved by Councilman Romaneili, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes Edward Capobianco, landfill foreman, to travel to Honesdale,
Pennsylvania to observe the operation of a feed/mixer being considered for
purchase for the Solid Waste Ag-Bag compost system, expenses for travel
shall be a legal charge to the Solid Waste District.
11.-Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussle, Supervisor Cochran.
This resolution was duly ADOPTED.
SEPTEMBER 15, 1998
97
12.-Moved by Justice Evans, seconded by Supervisor Cochran, it was
RESOLVi~D that the Town Board of the Town of Southold hereby sets 5:05
P.M., Tuesday, September 29, 1998, at the Southold Town Hall, 52095 Main
Road, Southold, New York, as the time and place for a public hearing on
the question of the acquisition of the open space land of Janet
Fitzgerald at Fishers Island, New York SCTM #1000-06-0u~-011
1000,06-08-006, comprising of approximately 1.5 acres.
12.-Vote of the Town Board: Ayes: COuncilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman HUssie, Supervisor Cochran.
Thi.~ resolutiOn was duly ADOPTED.
13.-Moved by Cquncilwoman H,qssie, seconded by Justice Evans, it was
RESOL,VED :that the Town Board of the Town of Southold hereby
auth0rmzes and directs SuPerviSor Jean W. Cochran to execute' the waiver
from for the revised franchise fee calculation for Cablevislon.
13.-Vote of the TOwn Board: Ayes: COuncilman Romanelli,. Councilman Moore,
Justice Evans, Councmlwoman Hussme~ Superwsor Cochran.
This reSo utlon was duly ADOPTED.
l q.-Moved by Co!
RESOLVED
the
~elli~ seconded by Counci man Moore, it was
Board of the Town of Southold hereby adopts
Handbook", effective September 15, 1998.
COUNCILMAN MOORE:
is a ndbook
number
was
have
going
persor
when ,
not a front burner
way
the ~e,' 'if
Before I vote on this thing I just want to say this
the Town employees, the town of our size, the
g a formal personnel employee handbook
other busines~~ the siZe of our town would
Jrce departments would 'insist upon it. It is
our employees, and they are all good
to work for the Town you now will get the
what the game plan is~ ween 7c~u come to work
. We have worked on for over a year. It was
orit~y item, but slowly but surely we slogged our
EA got a look at it, and they~ have made their
il looked at it, but we jUSt kept our shoulder to
and~ I am glad to See thai we fina lY go it done.
SUPERVISOR COCHRAN:
attack policies.
I think we are all glad. Now we are going to
14.-Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This reSolution was duly ADOPTED.
15.-Moved by Justice Evans, seconded by Councilman Moore,
WHEREAS, there was presented to the Town Board of the Town of
Southold, on the 15th day of September, 1998, "A Local Law in Relation
to Non-Commercial Scallop Season", now therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby sets
5:10 P;M., Tuesday, September 29, 1998, at the Southold Town Hall,
53095 Main Road, Southold, New York, as the time and place for a public
hearing on this Local Law, which reads as follows:
A LOCal Law in Relation to Non-Commercial Scallop Season
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Section 77-204 (B) Non-Commercial Scallop Season
B, The Trustees of the Town of Southold shall establish, by
resolution, the daily amount of scallops permitted to be taken
f~om town waters by hand.or with a scalp net either by and
ir~dividual or per boat during the non-commercial scallop season.
II. This local law~hall ta~e effect upon filing with the Secretary of State.
* Underline represents add~itions
Stri~ethroug~ represents deletions
15.-Vote eli the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice ~Evens, Councilwoman Hussie, Supervisor Gochran.
This reSolUtion was duly ADOPTED.
SEPTEMBER 1~, 1998
16.-Mov~.d by Justice Evans, seconded by Supervisor Cochran,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, on the 15th day of September, 1998, a Local Law entitled, "A
Local Law in Relation to A Temporary Moratorium on the Issuance of
Approvals and/or Permits for Business Zoned Property Along the Route 25
Corridor from the InterSection of SR25 and CR~8 East to the
intersection of 5R25 and Manhasset Avenue in the Town of Southold, and
WHEREAS, the enactment of a temporarY moratorium related to zoning
and land use necessitates referral'of the proposal local law to both t. he
Southold Town Planning Board and the suffOlE County 'Planning Commissmon
for comment prior to the holding of a public hearing on such a local law,
now, therefore be it
RESOLVED that the Town Board of the Town of Southold hereby directs
the SOuthold refer the pm Local Law entitled "A Local
Law in Relation to ~ on the Issuance of Approvals
and/or Permits for B the RoUte 25 Corridor
from the Intersection of East to the intersection of
SR25 and Manhasset the Southoid
Town Planning Board Commission for their
recommendations Town
~s:
Temporary Permits" for
Business Zoned intersection
of SR 25 the 25 and Manhasset
Avenue in
BE r Id as follows: ·
of, SE 25
Aveque~ in
BE I1
Board of the, Town
and/or Permits for
the intersection
25 and ManhaSset
of Southold as follows:
,Section ,1,., :PURPOSE
The Town Board finds that increased growth and development within the'
Town of Southold are placing pressures on the infrastructure of the Town
including such things as water supply, traffic impacts, and the necessity to locate
businesses in suitable zoning districts located in areas which are best suited for
the placement of such businesses. To insure that economic activity takes place
in desirable locations thereby maximizing existing character of the Town's
hamlet centers, an examination of the existing zoning along The Route 25
Corridor from the intersection of SR 25 and CR 48 East to the Intersection of SR
25 and Manhasset Ave. in the Town of Southold (hereinafter referred to as,"THE
CORRIDOR" is necessaqf and is an important and appropriate subject for study
in detail. This study is past due. This Local Law is intended to preserve the
status quo of THE CORRIDOR to provide the Town Board an opportunity to
review the zoning of properties along THE CORRIDOR, the likely impacts to the
community based upon the existing zoning of properties along THE CORRIDOR,
SEPTEMBER 15, 1998
and to make amendments as to the level and nature of business uses that are
appropriate along THE CORRIDOR such that, these uses complement existing
hamlet economic centers and that businesses uses appropriate outside hamlet
centers are provided ample location in which to be situated.
Section 2. ENACTMENT OF TEMPORARY MORATORIUM
Until nine (9) months from the effective date of this Local Law, after which
this Local Law shall lapse and be without further force and effect and subject to
any other Local Law adopted by the Town Board during the nine month period,
no agency, board, board officer or employee of the Town of Southold including,
but not limited to, the Town Board, the Zoning Board of Appeals, the Trustees,
the Planning Board, or the Building Inspector(s) issuing any building permit
pursuant to any provision of the Southold Town Code, shall issue, cause to be
issued or allow to be issued any approval, special exception, variance, site plan,
building permit, subdivision, or permit for any of the following, property uses
listed in the following sections of the Town Code within the following zoning
districts which are located in THE CORRIDOR: 100-61(B) and (C) governing the
Resort Residential District; 100-71(B) and (C) governing the Residential Office
District; 100-81(A)(2), (3) and (B) and (C) governing the Limited Business
District; 100-101 (A) through (11) and (B) and (C) goveming the General
Business District; 100-130(A)(3) through 16 and (B) and (C) governing the Light
Industrial Park/Planned Office Park District and 100-141 (A) (3) -(15) and (B)
and (C) governing the Light Industrial District.
Section 3. DEFINITION OF The Route 25 Corridor from the intersection of SR
25 and CR 48 East to the Intersection of SR 25 and Manhasset Ave. in the Town
of Southold (~THE CORRIDOR")
l~O~I0 SEPTEIVIBER 15, 1998
THE CORRIDOR is hereby defined and identified as follows: from a
point beginning at the intersection of SR 25 and CR 48 East to a point ending at
the Intersection of SR 25 and Manhasset Ave. in the Town of Southold
'THE CORRIDOR' shall extend one thousand feet (1000') north and one
thousand feet (1000') south respectively from the north read edge and the south
edge of SR 25.
Section 4. EXCLUSIONS
This Local Law shall not apply to:
1) any person or entity who has, pdor to the effective date of this Local Law,
obtained ali permits required for construction of a building on any parcel of
property including later applications to repair or alter, but not enlarge, any such
building otherwise prohibited during the period of this temporary moratorium;
and
2) parcel(s) of land currently improved with a building or buildings so long
as the application is not: a) seeking, in whole or part, a change in the use
of the land, premises or buildings; and b) and so long a~ the application
does not require any applications to, or approvals, special exceptions,
variances from, the Zoning Board of Appeals of the Town of Southold.
Section 5. AUTHORITY TO SUPERSEDE
To the extent and degree any provisions of this Local Law are construed
as inconsistent with the provisions of Town Law sections 264, 265, 265-a, 267,
267-a, 267-b, 274-a, 274-b, and 276 this Local Law is intended pursuant to
Municipal Home Rule Law Sections 10(1 )(ii)(d)(3) and section 22 to supersede
any said inconsistent authority.
Section 6. VARIANCE TO THIS MORATORIUM
Any person or entity suffedng unnecessary hardship as that term is used
and construed in Town Law section 267-b(2)(b) by reason of the enactment and
continuance of this moratorium may apply to the Zoning Board of Appeals for a
variance excepting the person's or entity's premises or a portion thereof from the
SEPTEMBER 15, 1998
temporary moratorium and allowing issuance of a permit all in accordance with
the provisions of the Southold Town Code applicable to such use or
construction.
Section 7. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall
be adjudged by any court of competent jurisdiction to be invalid, the judgment
shall not impair or invalidate the remainder of this Local Law.
Section 8. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary
of State.
~l~6.-Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
17.- Moved by Justice Evans, seconded by Councilman Moore,
WI-IEREAS, there has been presented to the Town Board of the Town of
Southold, on the 15th day of September, 1998, a Local Law entitled, "A
Local Law in Relation to Amending Section 4. Exclusions" of the Local Law
adopted on September 1, 1998 entitled "Temporary Moratorium on the
Issuance of Approvals and/or Permits on Business Zoned Property Along the
Route 48 Corridor in the Town of Southold, and
WHEREAS, the enactment of a temporary moratorium related to zoning
and land use necessitates referral of the proposed local, law to both the
Southold Town Planning Board and the Suffolk County Planning Commission
for comment prior to the holding of a public hearing on such a local law,
now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby directs
the Southold Town Clerk to refer the proposed Local Law entitled, "A Local
Law in Relation to Amending Section 4. Exclusions" of the Local Law
adopted on September 1, 1998 entitled "Temporary Moratorium on the
Issuance of Approvals and/or Permits for Business Zoning Property along
the Route 48 Corridor in the Town of Southold" to the Southold Town
Planning Board and the Suffolk County Planning Commission for their
recommendations and reports, all in accordance with the Southold Town
Code and the Suffolk County Charter. Said Local Law reads as follows:
LOCAL LAW NO. 1998
Temporary Moratorium on the Issuance of Approvals and/or Permits
for Business Zoned Property Along The Route 48 Corridor in the Town of
Southold.
BE IT ENACTED BY, the Town Board of the Town of Southold as follows:
Section 1. PURPOSE
The Town Board finds that increased growth and development within the
Town of Southold ara placing pressures on the Infrastructure of the Town
SEPTEMBER 15, 1998
including such things as water supply, traffic impacts, and the necessity to locate
businesses in suitable zoning districts located in areas which are best suited for
the placement of such businesses. To insure that economic activity takes place
in desirable locations thereby maximizing existing character of the Town's
hamlet centers, an examination of the existing zoning along Route 48 from
Mattituck to Greenport is necessary and is an important and appropriate Subject
for study in detail. This study is past due. This Local Law is intended to
preserve the status quo of the Route 48 corridor to provide the Town Board an
opportunity to review the zoning of properties along the Route 48 corridor, the
likely impacts to the community based upon the existing zoning of properties
along Route 48, and to make amendments as to the level and nature of business
uses that are appropriate along. Route 48 such that, these uses complement
existing hamlet economic centers and that businesses uses appropriate outside
hamlet centers are provided ample location in which to be situated.
Section 2. ENACTMENT OF TEMPORARY MORATORIUM
Until nine (9) months from the effective date of this Local Law, after which
this Local Law shall lapse and be without further force and effect and subject to
any other Local Law adopted by the Town Board during the nine month period,
no agency, board, board officer or employee of the Town of Southold including,
but not limited to, the Town Board, the Zoning Board of Appeals, the Trustccs,
the Planning Board, or the Building Inspector(s) issuing any building permit
pursuant to any provision of the Southold Town Code, shall issue, cause to be
issued or allow to be issued any approval, special exception, variance, site plan,
building permit, subdivision, or permit for any of the following property uses
listed in the following sections of the Town Code within the following zoning
districts which are located in the Route 48 corridor. 100-61(B) and (C)
governing the Resort Residential District; 100-71(B) and (C) goveming the
Residential Office District; 100-81(A)(2), (3) and (B) and (C) governing the
Limited Business District; 100-101(A) through (11 ) and (B) and (C) governing the
General Business District; 100-130(A)(3) through 16 and (B) and (C) governing
the Light Industrial Park/Planned Office Park District and 100-141 (A) (3) -(15)
sEPT~EMBER 15,
1998
an~ (B) and (C) governing the Li'ght Industrial District.
Section 3. DEFINITION OF "ROUTE 48 CORRIDOR"
The "Route 48 Corridor' is hereby defined and identified as follows: from
a point beginning at the Riverhead/Southold Town Line on Sound Avenue east
along Sound Avenue continuing East along County Route 48 to a point ending at
the intersection of Route 48 and Route 25. The "Route 48 Corridor' shall extend
one thousand feet (1000') north and one thousand feet (1000') south
respectively from the north road edge and the south edge of Sound Avenue and
County Road 48.
Section 4. EXCLUSIONS
This Local Law shall not apply to:
1) any person or entity who has, prior to the effective date of this Local Law,
obtained all permits required for construction of a building on any property
located in the Route 48 corridor including later applications to repair or alter, but
not enlarge, any such building otherwise prohibited during the period of this
temporary moratorium; and
2) parcel(s) of land currently Improved with a building or buildings so long
as the application is not: a] seeking, in whole or part, a change in the use
of the land, premises or buildings; and b) and so long as the application
does not require any applications to, or approvals, special exceptions,
variances from, the Zoning Board of Appeals of the Town of Southold.
Section 5. AUTHORITY TO SUPERSEDE
To the extent and degree any provisions of this Local Law are construed
as inconsistent with the provisions of Town Law sections 264, 265, 265-a, 267,
267-a, 267-b, 274-a, 27443, and 276 this Local Law is intended pursuant to
Municipal Home Rule Law Sections 10(1 )(ii)(d)(3) and section 22 to supersede
any said inconsistent authority.
Section 6. VARIANCE TO THIS MORATORIUM
SEPTEMBER I5, 1998
Any person or entity suffering unnecessary hardship as that term is used
and construed in Town Law section 267-b(2)(b) by reason of the enactment and
continuance of this moratorium may apply to the Zoning Board of Appeals for a
variance excepting the person's or entity's premises or a portion thereof from the
temporary moratorium and allowing issuance of a permit all in accordance With
the provisions of the Southold Town Code applicable to such use or
construction.
Section 7. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall
be adjudged by any court of competent jurisdiction to be invalid, the judgment
shall not impair or invalidate the remainder of this Local l.~w.
Section 8. EFFECTIVE DATE.
This 'Local Law shall
Secretary of State.
take effect immediately upon filing with the
17.-Vcte of the Town Board: Ayes: Councilman Romanelli,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman Moore,
18.-Moved by Councilwoman Hussie, seconded by Justice Evans,
WtiEREAS, there was presented to the Town Board on the 15th day of
September, 1998 A Local Law entitled "Local Law in Relation to A Temporary
Moratorium on the Issuance of Approvals and/or Permits for Business Zoned
Property along the Route 25 Corridor from the intersection of SR25 and
CRlt8 East to the Intersection SR25 and Manhasset Avenue in the
Town of Southold, now, therefore be it
RESOLVED that the Town Board of the Town of Southold hereby sets 5:15
P.M., Tuesday, September 29, 1998, at the Southold Town Hall, 53095 Main
Road, Southold, New York as the time and place for a pubic hearing upon
this Local Law, which reads as follows:
LOCAL LAW NO. 1998
A Local Law in Relation to a Temporary Moratorium on the Issuance of
Approvals and/or Permits for Business Zoned Property Along the Route 25
Corridor from the intersection SR25 and Cr48 East to the intersection of
SR25 and Manhasset Avenue in the Town of Southold.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Temporary Moratorium on the Issuance of Approvals and/or Pef,;;its for
Business Zoned property Along The Route 25 Corridor from the intersection of
S R 25 and CR 48 East to the Intersection of SR 25 and Manhasset Ave. in the
Town of Southold
Section 1. PURPOSE
The Town Board finds,that increased growth and development within the
Town of Southold are placing pressures on the infrastructure of the Town
SEP~EMBER ' 15, 1998
including such things as water supply, traffic impacts, andthe necessity to locate
businesses in suitable zoning districts located in areas which are best suited for
the placement of such businesses. To insure that economic activity takes place
in desirable Iocationsthereby maximizing existing character of the Town's
hamlet centers, an examination of the existing zoning along The Route 25
Corridor from the intersection of SR 25 and CR 48 East to the Intersection of SR
25 and Manhasset Ave. in the Town of Southold (hereinafter referred to as "THE
CORRIDOR" is necessary and is an important and appropriate subject for study
in detail. This study is past due. This Local Law is intended to preserve the
status quo of THE CORRIDOR to provide the Town Board an opportunity to
review the zoning of properties along THE CORRIDOR, the likely impacts to the
community based upon the existing zoning of properties along THE CORRIDOR,
and to make amendments as to the level and nature of business uses that are
appropriate along THE CORRIDOR such that, these uses complement existing
hamlet economic centers and that businesses uses appropriate outside hamlet
centers are provided ample location in which to be situated.
Section 2. ENACTMENT OF TEMPORARY MORATORIUM
Until nine (9) months from the effective date of this Local Law, after which
this Local Law shall lapse and be without further force and effect and subject to
any other Local Law adopted by the Town Board during the nine month period,
r~o agency, board, .board officer or employee of the Town of Southold including,
but not limited to, the Town Board, the Zoning Board of Appeals, the Trustees,
the Planning Board, or the Building Inspector(s) issuing any building pe~T[~it
pursuant to any provision of the Southold Town Code, shall issue, cause to be
issued or allow to be issued any approval, special exception, variance, site plan,
building permit, subdivision, or permit for any of the fOllowing property uses
listed in the following sections of the Town Code within the following zoning
districts which are located in THE CORRIDOR: 100-61(B) and (C) governing the
Resort Residential District; 100-71(B) and (C) goveming the Residential Office
District; 100-81(A)(2), (3) and (B) and (C) governing the Limited Business
District; 100-101 (A) through (11 ) and (B) and (C) governing the General
Business District; 100.130(A)(3)through 16 and (B) and (C) governing the Light
Industrial Park/Planned Office Park District and 100-141 (A) (3) -(15) and (B)
and (C) governing the Light Industrial District.
Section 3. DEFINITION OF The Route 25 Corridor from the intersection of SR
25 and CR 48 East to the Intersection of SR 25 and Manhasset Ave. in the Town
of Southold ("THE CORRIDOR")
THE CORRIDOR is hereby defined and identified as follows: from a
point beginning at the intersection of SR 25 and CR 48 East to a point ending at
the Intersection of SR 25 and Manhasset Ave. in the Town of Southold
"THE CORRIDOR" shall extend one thousand feet (1000') north and one
thousand feet (1000') south respectively from the north road edge and the south
edge of SR 25.
Section 4. EXCLUSIONS
This Local Law shall not apply to:
1) any person or entity who has, prior to the effective date of this Local Law,
obtained all permits required for construction of a building on any parcel of
property including later applications to repair or alter, but not enlarge, any such
building otherwise prohibited during the period of this temporary moratorium;
and
2) parcel(s) of land currently improved with a building or buildings so long
as the application is not: a) seeking, in whole or part, a change in the use
of the land, premises or buildings; and b) and so long as the application
does not require any applications to, or approvals, special exceptions,
variances from, the Zoning Board of Appeals of the Town of Southold.
SEPTEMBER 15, 1998
Section 5. AUTHORITY TO SUPERSEDE
To the extent and degree any provisions of this Local Law are construed
as inconsistent with the provisions of Town Law sections 264,265, 265-a, 267,
267-a, 267-b, 274-a, 274-b, and 276 this Local.Law is intended pursuant to
Municipal Home Rule Law Sections 10(1 )(ii)(d)(3) and section 22 to. supersede
any said inconsistent authority.
Section 6. VARIANCE TO THIS MORATORIUM
Any person or entity suffering unnecessary hardship as that term is used
and construed in Town Law section 267-b(2)(b) by reason of the enactment and
continuance of this moratorium may apply to the Zoning Board of Appeals for a
variance excepting the person's or entity's premises or a portion thereof from the
temporary moratorium and allowing issuance of a permit all in accordance with
the provisions of the Southold Town Code applicable to such use or
construction.
Section 7. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall
be adjudged by any court of competent jurisdiction to be invalid, the judgment
shall not impair or invalidate the remainder of this Local Law.
Section 8. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary
of State.
18.'Vote of the Town Board: Ayes: Councilman Romanelli,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
CoUncilman Moore,
19.-Moved by Councilwoman Hussie, seconded by Councilman Romanelli,
WHEREAS, there was presented to the Town Board of the Town of
Southold on the 15th day of September, 1998, a Local Law entitled, "A
Local Law in Relation to Amending Section a,. Exclusions" of the Local Law
adopted on September 1, 1998 entitled "Temporary Moratorium on the
issuance of Approvals and/or Permits for Business Zoned Property Along
the RoUte u,8 Corridor in the Town of Southold, now therefore, be it
RESOLVED that the Town Board of the Town of $outhold hereby sets 5:20
P.M., Tuesday, September 29, 1998, at the Southold Town Hall, 53095 Main
Road, Southoid, New York as the time and place for a public hearing upon
this Local Law, which reads as follows:
LOCAL LAW NO. 1998
A Local Law to Amend "Section L~. Exclusions" of the Local Law adopted on
September 1, 1998 entitled "Temporary Moratorium on the Issuance of
Approval and/or Permits for Business Zoned Property along the Route
Corridor in the Town of Southold.
BE ENACTED by the Town Board of the Town of South~ld as follows:
A Local Law to Amend "Section u,. Exclusions" of the Local Law adopted on
September 1, 1998 entitled ~!Temporar¥ .Moratorium on the Issuance of
approvals and/or permits for Business Zoned Property along the Route
Corridor in the Town of Southold.
Temporary Moratorium on the Issuance of Al~provals and/or Permits
for Business Zoned Property Along The Route ~8 Corridor in the Town of
Southold.
Section 1. PURPOSE
The Town Board finds that increased growth and development within the
Town of Southold are placing pressures on the infrastructure of the Town
including such things as water supply, traffic impacts, and the necessity to locate
businesses in suitable zoning districts located in areas which are best suited for
the placement of such businesses. To insure that economic activity takes place
in desirable locations 'thereby maximizing existing character of the Town's
hamlet canters, an examination of the existing zoning along Route 48 from
Mattituck to Greenport is necessa~ and is an important and appropriate subject
for study in detail. This study is past due. This Local Law is intended to
prese~e the status quo of the Route 48 coffidor to provide the Town Board an
opportunity to review the zoning of properties along the Route 48 corridor, the
likely impacts to the community based upon the existing zoning of properties
along Route 48, and to make amendments as to the level and nature of business
uses that ara appropriate along Route 48 such that, these uses complement
existing hamlet economic centers and that businesses uses appropriate outside
hamlet canters ara provided ample location in which to be situated.
Section 2. ENACTMENT OF TEMPORARY MORATORIUM
Until nine (9) months from the effective date of this Local Law, after which
this Local Law shall lapse and be without further force and effect and subject to
any other Local Law adopted by the Town Board dudng the ni ne month pedod,
no agency, board, board officer or employee of the Town of Southold including,
but not limited to, the Town Board, the Zoning Board of Appeals, the Trustees,
the Planning Board, or the Building Inspector(s) issuing any building permit
pursuant to any provision of the Southold Town Code, shall issue, cause to be
SEPTEMBER 15, 1998
issued or allow to be issued any approval, special exception, yafiance, site plan,
building permit, subdivision, or permit for any of the following property uses
listed in the following sections of the Town Code within the following zoning
districts which are located in the Route 48 corridor: 100-61(B) and (C)
governing the Resort Residential District; 100-71(B) and (C) goveming the
Residential Office District; 100-81(A)(2), (3) and (B) and (C) governing the
Limited Business District; 100-101 (A) through (11 ) and (B) and (C) governing the
General Business District; 100-130(A)(3) through 16 and (B) and (C) governing
the Light Industrial Park/Planned Office Park District and 100-141 (A) (3) -(15)
and (B) and (C) governing the Light Industrial District.
Section 3. DEFINITION OF "ROUTE 48 CORRIDOR"
The "Route 48 Corridor" is hereby defined and identified as follows: from
a point beginning at the Riverhead/Southold Town Line on Sound Avenue east
along Sound Avenue continuing East along County Route 48 to a point ending at
the intersection of Route 48 and Route 25. The "Route 48 Corridor" shall extend
one thousand feet (1000') north and one thousand feet (1000') south
respectively from the north road edge and the south edge of Sound Avenue and
County Road 48.
Section 4. EXCLUSIONS
This Local Law shall, not apply to:
1) any person or entity who has, prior to the effective date of this Local Law,
obtained all permits required for construction of a building on any property
located in the Route 48 corridor including later applications to repair or alter, but
not enlarge, any such building otherwise prohibited during the period of this
temporary moratorium; and
2) parcel(s) of land currently improved with a building or buildings so long
as the application is not: a) seeking, in whole or part, a change in the use
of the land, premises or buildings; and b) and so long as the application
does not require any applications to, or approvals, special exceptions,
variances from, the Zoning Board of Appeals of the Town of Southold.
11,0 SEPTEMBER lS, 1998
Section 5. AUTHORITY TO SUPERSEDE
To the extent and degree any provisions of this Local Law are construed
as inconsistent with the provisions of Town Law sections 264, 265, 265-a, 267,
267-a, 267-b, 274-a, 274-b, and 276 this Local Law is intended pursuant to
Municipal Home Rule Law Sections 10(1 )(ii)(d)(3) and section 22 to supersede
any said inconsistent authority.
Section 6. VARIANCE TO THIS MORATORIUM
Any person or entity suffering unnecessary hardship as that term is used
and construed in Town Law section 267-b(2)(b) by reason of the enactment and
continuance of this moratorium may apply to the Zoning Board of Appeals for a
variance excepting the person's or entity's premises or a portion thereof from the
temporary moratorium and allowing issuance of a permit all in accordance with
the provisions of the $outhold Town Code applicable to such use or
construction,
Section 7. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall
be adjudged by any court of competent jurisdiction to be invalid, the judgment
shall not impair or invalidate the remainder of this Local Law.
Section 8. EFFECTIVE DATE
This Local Law shall take effect upon filing with the Secretary of State.
19.-Vote of the Town Board: Ayes: Councilman Romanelli,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman Moore,
20.-Moved by Councilman Moore, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the Superintendent of Highways to place a certain employee of
that Department of Workers Compensation as permitted and authorized by
Section 11 paragraph 11.1 of the CSEA Union Contract pending the
results of a doctors appointment.
20.-Vote of--the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
SEPTEMBER -15, 1998
SUPERVISOR COCHRAN: That is the end of our planned resolutions. At
this time we would be very happy to entertain from any of you any of the
comments you might have in relation to Town' business. Chief Boyd?
EDWARD BOYD: Madam Supervisor. members of the Town Board. my name
is Edward Boyd. I am Chief of the Southolcl Fire Department. and I come
before you on behalf of the Southold Town Fire Chief's Council, and all of
the firefighters in Southold Town. We are here this evening to tell this
,tunate they are that our town. Southold. has not. yet suffered
injury that .could be 'direCtly a~tributed to the
lack of the perform ongoing year,round fire safety
inspection at the town's many businesses, and that the related enforcement
of inspections an~
are = by but
All of the towns w
~r Which
the seen 1: !h :and
well,~being of residents and guests through the use of Town F,ire
~ne persor tasks
to do
~k
not
in
he
:an
~r
;have :been : of a tew~
years, of Our ¥ and the nature
of seasonal visitors has now reached a point where such an appointment is
critical. Please, do not let anyone get in .the position where they can say,
I told you so, after a tragedy has occurred. The time to appoint a Fire
Marshall is now, while our safety record is good, and while we can
demonstrate that Southold is a place that takes care of little problems
before they become big ones. The lives of our residents, guests, and
firefighters are in your hands. We all deserve a town fire marshal. Thank
yOU ·
SUPERVISOR COCHRAN: Thank you, Chief Boyd. Is there anyone else
that would like to address the Town Board? Let's stay on this topic at this
point. Is there anyone else who would like to add to what Chief Boyd has
sa id ?
WAYNE MANWARING: Wayne Manwaring, 2nd Assistant Chief from
Greenport. I agree with Mr. Boyd. This position will assure the public
safety of those who visit or live and work in this community. I respectfully
request that you put this on the agenda, or whatever you have to do.
Thank you.
SUPERVISOR COCHRAN: Thank you for your comments. Is there anyone
else who would like'to address the Town Board in retation to a fire marshal?
TIM' MCGOWAN: My name is Tim McGowan. I am Chief of Mattituck Fire
De.p. artment. On behalf of Mattituck Fire Department we are also in favor of
a fire marshal f0rl Southold Town. It is definitely needed. I had one of my
.m. embers give me this, this evening. It is out of a magazine that the
flrehouses~, get. it ~is called Firehouse Magazihe. ~lt is kind of a case
history of different flyers that are 'es throughout th& and all
meet. up ~to fire prevention. In 1903, in Chicago,
602 ~people died~ :There was no ventiiatio not marked. Exits
were blocked with debris~ There were no rm~., and~ ;there were no
and no sprinklers. 1911~ Ne~v York City Triangle
~ Factory~ ~1~6 people ' i~locked ' ~
exlts~ doors opened
in amassed No .exits, no
building. It but it was
because' of Cars
in the; building. La 1919, 106
Angels,
1958; drills.
no school
and
dead. ~es at that
limits,
and places things
ha and ~other organi fire
codes
go
Down everly Hills
dead r
no Jnspectlons Ol
to all i n peCting. ·
it ils
Nobo
che=lCed 'the building inspector, :fine at that
time.;~ inspector goes, and Your buildihg
is the Ha ppy
Land e was o~e
exit there was
in; no spr~r ~f~ !the things
that the years, the codes.~ I
wlsh I ,' speaker~ publicly.
Boyd;
HRAN: You~are doing fine. Not :everyone is like Chief
attorney. He is supposed to sound good. :Just say it the
TIM MCGOWAN: These are all things that have lead up to this. I mean,
we have buildings in Mattituck right now that, you know, they are a little
shaky. They are a little on the shaky side, and it is different for us
because we train and everything, and we know what to look for, and it is
kind of hard for us to explain to laypeople. We definitely need this.
There is no doubt about it.
SUPERVISOR COCHRAN:
Yes, sir?
Anyone else like to address the Town BOard?
THOMAS SHALVEY: My name is Thomas Shalvey. I am the Chief of the
Cutchogue Fire Department, and I am just here in support of this. I think
it is a great resolution. Chief McGowan mentioned all these other
incidences. We only have to look as close as Riverhead where a apartment
fire ,killed the three or four little kids with only one way out of that
buildm, g j, 'ust a cou. ple of years ago. It is not that far. away from us, if
it happened here tomorrow, and that is what we are hoping to avoid.
SUPERVISOR COCHRAN: Thank you. Anyone else like to address the Town
Board? Now is your opportunity, in relation to this subject at this time. I
would like to finish this up first, then I will take the rest of you.
Anyone else? If not, we certainly thank you for coming in, Ed, and
preSenting your case to the Town Board, and it will be given consideration.
I can't second guess what the outcome will be, but it will be discussed.
EDWARD BOYD: We thank you for your attention. We have been waiting
for this for a long while, and it ~s very important to all of us,
firefighters, residents, and guests of the town. Thank you.
SUPERVISOR COCHRAN: Thank you, gentlemen.
ERNEST SAUER: Thank you, Supervisor Cochran, and Town Board. My
name is iErnest Sauer. I live at 255 Wigwam Way in Southold. That is the
Nunnako~
subjeCt ~ 1
homeowm
that has
we.Il* t~he
pri~ate~ ~ (
Dan
Homes~
wa Waters Association area. I have come to kind of open up a
hat is a concern to. us in the Nurinakoma Waters area. We have a
;r that is renting his home out for approximately 12 weeks a year,
basically opened a catering business, although his basic cover is,
renter, s are doir~g, it. We have had two ve~-y large weddings at our
3mmumty over th~s past summer. We have asked ~he landlord, Mr.
bunkO, who I think it is owned by a corporqte~ name, Geodesic
: he w~)uld not rent to people that are going to rdn catered affairs.
SUPERVISOR COCHRAN: They hold weddings right on the same site?
ERNEST SAUER: Right on his property. They are leasing the property
for'a w~ek;~ and then running a wedding, and then they are out of there.
They halve been parking on the fire department's new parking lot, on
Baywater Avenue, brand new firehouse. They use tha~ as a parking lot
for the Wedding. They hire vans to bring ten or twelve people at a time
down to ithe wedding. All roads by us, they are private~ roads, but we pay
for the ~aintenance. It has been a great discomfort to the neighbors having
many hundreds of strangers coming through the neighborhood, spend four
hours, usually with a lot of music, good time, and the rest that goes along
with ir'iand then disai3pearing. We feel that it is an i6tr~duction, that it
is a Viol~tlon of our sec.urity. It is a violation of our p~ivacy. We ask the
Town rBoard, and the Town AttOrney particularly, to !ook to see if you
can't 'help .Us out of thais situation. We are probably not the only people. I
must believe that w!th all these beautiful homes and estates around that it
may be Others that 'haVe the same concern. I had a Wedding for my own
son at' my own home, which is in this neighborhood. It en~ off beautifully.
It was m~ boy. i managed to hold all cars on my piece owl~ I~roper'ty, because
I was blessed enoUgh to have a large piece, and my neighbors were
informed that I was haying the wedding. It was my son. Most df th.e~,m were
there, alqd we had a good old time, and everybody left. We didn t have
breathallzerS, but they ali got out of town safely. I! c~me before you,
becaUSe lalSo Chief Boyd mentioned something that kind of ~t~ickled me~a little
bit, becauSe this hom'e, even though it is a very hugei ~ome,, five or six
bedrobm~, on occasion ha~s 100 people inside of it. 'We khbw darn well there
is no way that house, you know if Chief Boyd obviouslly woulldn~t inspect
it, it isn't a commercial building. So, I come before you on behalf of the
SEPTEMBER 15, 1998
Nunnakoma Waters Association, and ask the Town Board is they would
help us look into the matter, and if you need follow-up our President is
Eleana DeReeder, her name is in the phone book, and I thank you for
your time.
SUPERVISOR COCHRAN:
attention.
Thank you. Thank you for bringing it to our
COUNCILWOMAN HUSSIE:
any of the agencies?
Mr. Sauer, have you made this complaint to
ERNEST SAUER: We checked with the police department to see if we
couldn't get their help~ even as far as a noise ordinance. We found out
there is no noise ordinance in the Town of Southold, Which we know from
watching Channel 27, also, and basically the police were of no help to us.
That's about it. The last two, three weeks ago there was a group of
people that stayed overnight after the wedding, after the vans had left,
and they were playing soccer on one of the other neighbors lawn. The guy
has a big piece of grass, so they said, hey.
COUNCILMAN MOORE: Who provides those vans, the landlord?
ERNEST SAUER: They are leased from Sunrise Van. They lease from
local business. That. is fine, which we were happy to see them support
local business. The caterers, unfortunately, come from the South Fork.
The DJs from South ~Fork, or Freeport, or other towns west of here.
These people are not related to the owner of the house. They just rent the
place. The caterer runs in and out of the place.
SUPERVISOR COCHRAN: Do you want to set up a meeting with you and Ed
Forrester? You would come in with one of your neighbors, or friends, or
whatever. Call Greg's office, and make an appointment to come in, and we
will also have the Code Enforcement Officer there, because this shouldn't be
happening.
JIM LYNCH: Good evening. My name is Jim Lynch, and I am a neighbor of
Ernie's, and I happen to be the neighbor next door to this house, that we
are talking about. If I may, I just want to show you a map of the area.
That is me. This is the house we are talking about. I would just like to
reconfirm that it is a private community, and we pay taxes. We maintain our
own roads. We pay. our own insurance, and we are really concerned about
the extra traffic in the area. We have no qualms about this fellow renting
his house, but we are upset about him renting the house to have catered
affairs, and the extra people it brings in. It brings in a bunch of
strangers to our area. This is not New York City. It is Southold. I mean I
am from Nassau. I know some of you know Frank Bear. He is my
father-in-law, We still maintain the house there. I am there all year-round
now: I am retired.
COUNCILWOMAN HUSSIE: Is this the first year this has happened?
JIM LYNCH:
was two.
It happened once last year, one wedding, but this year it
SUPERVISOR COCHRAN: Over what period of time? Can you give me an
idea? Have they been back to back?
JIM LYNCH: They had one in July, and one in August, and we spoke to
Dan, and you know, we would just like to know where we stand, what kind
of help can we get, and before anything gets out of proposition.
SUPERVISOR COCHRAN: As I said, would you, please, make an
appointment with the Town Attorney to come in.
JIM LYNCH: I will make it with Ernie, and I was going to get up and
speak before when the firemen were talking. I just retired. I was in New
York City many, many years, and believe me we need a watch dog.
SUP.ERVISOR COCHRAN: Were you a professional fireman?
SEPTEMBER '15, 1998
JIM LYNCH: No. I was a retail businessman, and many a time they saved
many a fire from happening just by them coming in and correcting violations
that would be there unseen, or just ignored. Thank you.
SUPERVISOR COCHRAN: Thank you for your input.
RAY MATHIE: Ray Mathie. I live in the same neighborhood.. I am a
retired police officer, so I check things a little deeper than most. The
wedding prior to this there was 12S people in that house. This, I believe,
topped that. Probably 150 in the house. One of the neighbors complains on
the wedding last year, that the music went on until 2:00 o'clock in the
morning. She had guests, I believed she called the neighbors, and said,
WOUld yOu knock Off the music~ I .have people that can't sleep. It is four
o'clock in the morning. Now, the Suffolk County Board of Health, like the
Nassau Board of Health, I believe, I know Nassau County, because I am a
, We had two ordinances in Nassau County, I don't
not, but 11:00 o'clOCk at nlght to 7:00
in the morning~, nO no so, the Board of Health, there, are' exceptions
to .that, if a person works all night, like a nurse, or a police officer, or
a flrem~n., he is el ;ep. If there is a sewer lid that is rattling
on him awake all morning or during the day,
ltd of Health will see that is corrected, so the
night work. Now, what is going on down
see what I could see. Tl~ere Was thirty
cars in the fie nt to the new firehouse 'on me,water. The
firehouse had wedding most of them were behind the
Southold Police Department~ I ) is
~ this property? Well, is it on the No, it
is rest were right into the Town ~ up
to corner ater. There were thirty cars there; I the
par ield. At the neighborhood there were eighteen cars, and
ng tru~k, and. two or three :bellbQy. I
of ,iexcept one exception. The Went to. be
part. The Town There
is ~ in the driveway. Tha~ ~. It
Is like one of the other g~ He
cater it to strang on the
daughter is in rea
rentals in Southolld.
~fori a week, and $~,~00
to take a
is a catering bu~.
against the Vineyard
;
This ,~s what is going on,
he iS using other
on the north
sked I:him at one of our
I~ ~iil be judge of that
background. There is
violating the Code
asking is that
Thank you very
hou~
to
goi
up
this
So~
come
I
.guy is
you
no
SUPEi~VISOR COCHRAN~ W~.have things that we go after.
COU
he
The Internet address, if the guy is advertis~ing,
SS.
back with the pictures, and I will have the
I will have a printout.
CO
Residential property is prohibited from carrying
of
that
inquired about, and they said that the only thing
in:,the Town of Southold is that the..how ~s it
3or related living in the same house, or some sort llke
COUN~ILIVI~N MOORE: If he is advertising it as a business.
RAY MATHIE: He is advertising as a catering business. He is in cahoots
with some caterer to do the weddings, and that is how he is getting this
kind of money. That is the only thing that really shows up. Years ago
when he first started off he had a ball team like the New York Giants, and
they rented the house. It was about the first in there. I think it was the
Jets. Then they came there, and they rented the house, and it was family.
It was fine. It was just kids and wives. Once in a awhile a man would show
up, because they were all training. So, .we had no problem with them, This
is getting out of hand right now. Thank you very much.
SUPERVISOR COCHRAN: Thank you. Anyone else on this particular
subject who would like to address the Town Board? (No response.) If
not, is there anyone on any. topic ~that would like to address the Town
Board?
BERNARD HEINISCH: My Name is Bernard Heinisch. I live on County
Road /48, Several months ago I presented to you people the idea of a large
sign on variances, and so on. I still see the small' sign being used, Has
anything happened?
COUNCILMAN ROMANELLI: Bernie, I will take responsibility for that. I
told the Board I would take care of that problem~ I would research bigger
signs~ and I grant you-I started to research and let the ball drop. in my
court~ ! will. take the responsibility for teat.:. I 'will make you a deal. Next
meeting I will have' something for you.
BERNARD HEINISCH: Thank you.
SUPERVISOR COCHRAN: Thank you, John.
would like to address the Town Board?
Is there anyone else who
DONNA 'DZUGAS-SMITH: My name is Donna Dzugas-Smith. I live on
Tuckers: Lane in Southold. Just something I would like the Town Board to
look into. I know Ms. Hussie attended an Architectural Review Committee,
and it was quite evident to her about one~ problem. But as an applicant
right now going through the Planning Board for a site plan, I just want to
give you a little insight into the process anyone would have to go for a
business site plan.: I was glad to see Ms. Hussie there, but at that
particular meeting there was something brought up about, first of all they
are supposed be open public meetings, they always k. ind of look at you,
and wonder why you are there. Matter of fact whenever I go they say,
what are you doing here? You are not on thee agenda t~oday. They are very
defenSiVe. Unlike the Panning Board they don't have a booklet. They don't
have some sort of direction. You are going i!n front of the Board, ~ou are
going before a volunteer appointed i boardi. You are going before an
ArchiteCtural Review Board, of which ,they do.n't like that. They don't like
to see you. ~hey prefer that you remain unsee.~. They like your
paperwork, but they don t want your face. You try to attend the meeting
because they are reviewing your project, and you ldqn t get an extremely
warm welcome, and ~on top of that you dOn!t ~'even know what their purpose
really is~ and if you have attended ,a number of their meetings, not only
for your own project, but other.prf)jects ,they are :!ookmg a, you are
wondering, what ~s gmng on, and what are they actually dec.dIng here? I
really think if you follow the Planning Board, where they have you apply,
they hand you an application, and 'you almost fall through the floor,
because it is like fifty pages. You are like, oh my God, and look and it is
only the first two pages you have to fill out. The other forty-eight it
explains the Town Code to you, it explains what you are getting yourself
into, and what is expected of you. The Architectural Review it seems to be
very..whoever is there, whoever is present from them, I realize each one is
representing a hamlet of the town, and then you have two name guys that
are experts, or professionals, whatever you want to call them. It might be
interesting if more than Ms. Hussie attends one of these meetings, and sees
actually what is going on, so you jiust don't get it as if I am a bias
person, because I am in the applicant process right now. But something
that is for example needs to be corrected, I have been through the: process
where ! went through a preliminary =~plan, and thinking that I. am being
very nice, and asking everyone's opinion first before I actually spend
money on surveys and everything, I asked them, well, what do you think
of this? First of all, they didn't like imy~log cabin idea. The hand crafted
logs didn't fit into the existing architecture around where I am. I have
SEPTEMBER 15, 1998
brick buildings, vinyl siding, but ~the thing was they didn't really give you
a reason. They just said, I don't think it fits in. So, let's put you way
back. You have twenty-nine acres go. in the middle of your acreage. Let's
hide this building. I am doing a one story building. Hiding my building,
and going back into a swamp is definitely hiding the building. I invited
them out to my land. I said, do you know what piece of land you are
talking about? Nobody knew. It is right around the corner from Town
Hall. Nobody knew where it was. I invited them to my land. They came to
see it. The people that represented the hamlets where very glad. They
came. They were very welcoming. They talked to my husband. They talked
to the family. They said, what a beautiful piece of property. It gets
beautiful views. We are glad to see this. Now, they knew what the were
dealing with. They were very warm, very nice. The next meeting we met
back here. About a month later, we met again, because they want me to go
back 260 feet, 250 feet, and I don't think it is that necessary especially
when the setback in that area is 60 feet, the County Road. Well, right
application they suggested that I do an application for
the to my land, this the main story. They came
They set a date between themselves. They
were not telling they are going to be there. As a matter of fact it
was when you on the moratorium, same exact time, 5:00
P;M., Tuesday. DO you know how I heard about it? A neighbor came over
and asked me for the local paper, and it was in the paper. It was before
as the applicant got the
the Planning Board .got the results, before me
results, it Was public knowledge. Now, I think it is good to have these
committees. I think it is very good that people volunteer to be on them,
but: I ~thin.k they need to be watched. I think they need to be defined as to
wha[ their purpose is, and I think as a citizen we need. to be allowed to
~now what is expected, when we .come before them. I, also, don't get.the
fe&liing that they WOrk in Conjunct,on with the Planning Board, if t. hat was
wh~t: was. pres~ented in the beginning. So, I just think it is:something that
the ToWn Bbard needs to address as to what the purpose of the
Ar~:hitectu:rali Review Committee, and where do they really fit in, and who
are they really working with, and working for?
SUPERVISOR' COCHRAN: Anyone else like to address the Town Board?
HENRY KUHN: Henry Kuhn from Laurel. Just a quick question. I
wonder if you can give us an update on~ Ms. Hussie electrification project? I
haven't read anything about it in some time.
COUNCILWOMAN HUSSIE: The latest is that about five or six weeks ago
we got the results, or we got the report from Nelson, Pope and Voorhis,
the people who we had applied to have looked to see if this required a
Negative or a Positive Declaration. We have gotten the report from them. I
had put it on the agenda last week, at our last Board meeting, for us to
make a decision about what we were going to do as the next step. We did
not arrive at anything. I purposely didn't put it on again this week, but I
am going to put it on again for next week, so that we can talk about it,
and come to some sort of a decision. Actually where we are is no place
right now.
HANK HUHN: And the decision that will be made two weeks from now, or
whenever will be to either go ahead or not go ahead, or just~to study it
further?
COUNCILWOMAN HUSSIE: I don't know that it will be that cut and dry. I
think we are thrown into the process by this SEQRA decision, the
environmental end of it, and that is our first decision ahead to be made
depending on how that goes. We then make the next decision, shall we go
forward, or not, and I don't know how the Board is going to go yet. So,
we have two decisions to make before we take the next step, if we are
going to take the next step.
TOWN ATTORNEY YAKABOSKI: Mr. Kuhn, there are just some legal
issues to be ironed out yet, and advise the Board on, which is the reason
on interrupted the Councilwoman before she had chance to answer some of
your questions.
HENRY KUHN: So just wait and see.
SEPTEMBER 15, 1998
COUNCILWOMAN HUSSIE: Tune in next week.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board? (No
response.) If not, I will take a motion to adjourn.
Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at
8:30 P.M.
Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
Southold Town Clerk