HomeMy WebLinkAboutTB-10/07/2003SOUTHOLD TOWN BOARD
GENERAL MEETING
October 7, 2003
7:30 P.M.
A Regular Meeting of the Southold Town Board was held Tuesday, October 7, 2003 at the
Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting at 7:30 P.M. with
the Pledge of Allegiance to the Flag.
Present:
Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman William D. Moore
Councilman Craig A. Richter
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
SUPERVISOR HORTON: Good evening and welcome to the October 7, 7:30 public meeting of the
Southold Town Board. Please rise and join with me in the Pledge of Allegiance. There will be a
number of times over the course of this evening's meeting where the public will have the opportunity
to address the Town Board. The first time the public will have the opportunity to address the Town
Board will be prior to the reading of any of these resolutions. We will give the floor to the public. !
ask that when addressing the Town Board, you do so from one of the two posted stationed
microphones at the front of the room and state your name and place of residence clearly for our record.
As well, we will have time for the public to address the Town Board on town business, town concerns
after the reading of the resolutions. This evening we have a number of public hearings, at which point
we will move into public hearing. We will state which public hearing we are dealing with expressly
and as well, we will give the public the opportunity to address the Town Board on that specific public
hearing. So at this point moving forward, we do have reports, public notices, communications, all
available for the public to review. They are available at the Town Clerk's Office, Monday through
Southold Town Board
October 7, 2003
2
Friday, 8:00 A.M. to 4:00 P.M. If you need to see those, you may do so at the Town Clerk's Office.
Moving ahead, I would like to get a motion for approval.
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the following Town bills be and hereby are ordered paid: General Fund Whole
Town bills in the amount of $1523,179.10; General Fund Part Town bills in the amount of $3,027.71;
Highway Fund Whole Town bills in the amount of $5,827.68; Highway Fund Part Town bills in the
amount of $276, 537.64; Capital Projects Account bills in the amount of $60,060.79; Landfill Cap &
Closure bills in the amount of $269,532.86; Community Preservation Fund (2% tax) bills in the
amount of $6,831.94; Fishers Island Ferry District bills in the amount of $55,748.71; Refuse &
Garbage District bills in the amount of $28,456.44; Southold Wastewater District bills in the amount of
$146.34; Southold Agency & Trust bills in the amount of $8,211.76 and Fishers Island Ferry District
Agency & Trust bills in the amount of $195.76.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the minutes of the September 9, 2003 Town Board meeting be and hereby are
ordered approved.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the next regular meeting of the Southold Town Board be held Tuesday, October 21,
2003 at 4:30 P.M. at the Southold Town Hall, Southold, New York.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
I. REPORTS
1. Juvenile Aid Bureau - July 2003
2. Juvenile Aid Bureau - August 2003
3. Leave Time Summary Report - August 2003
4. Juvenile Aid Bureau - September 2003
5. Recreation Department - September 2003
II. PUBLIC NOTICES
None
III. COMMUNICATIONS
None
Southold Town Board
October 7, 2003
3
SUPERVISOR HORTON: At this point I will offer the floor to the public to address the Town Board
on specific resolutions. Would anyone care to address the Town Board on specific resolutions? Yes,
Mr. Carlin.
FRANK CARLIN: Frank Carlin, Laurel. Good evening, ladies and gentlemen. Resolution #668, has
the Board received any recommendations on this issue from the Planning Board yet?
SUPERVISOR HORTON: Yes and #668, Mr. Carlin, refers to the mandated State Environmental
Quality Review Act, which is a specific procedure and process, which we are required to undertake by
State Law before any zoning action can be taken.
MR. CARLIN: But did you receive any recommendation, I am asking you, from the Planning Board?
SUPERVISOR HORTON: Yes, we did.
COUNCILMAN ROMANELLI: Do you want to know what it is?
MR. CARL1N: Probably find that out later. So this evening, you are going to decide one way or the
other, right?
SUPERVISOR HORTON: You are referring to #668 and #669, we will hold a public hearing on
those at 8:00. I am anticipating a vote.
MR. CARL1N: But you are going to vote on that this evening, right?
SUPERVISOR HORTON: It is on the agenda to be voted on.
MR. CARL1N: One way or the other.
SUPERVISOR HORTON: That is my anticipation.
MR. CARL1N: Won't be no more moratorium, right?
SUPERVISOR HORTON: I am not expecting a moratorium.
MR. CARL1N: Okay. Now, this reminds me of stock car racing. Who owns an automobile, a racing
car? He decides he want to get more power out of it, so he changes a few parts in it and that was the
idea that the Board had back in 1989 when they changed the zoning in this area probably. But then
after the stock car racer finds out that changing those parts didn't make any more power or do any
good to his car, so what I am suggesting to this Board is, right off the bat, in my opinion, I have been
following it pretty closely, I have lived here for 50 years and I know all about the landfill and how
these people live down there. I can tell you many stories about it but people want to speak tonight. So,
what I say to the Board is, let's put back the original parts in this engine and let the people that live in
Church Lane enjoy themselves and have what they should have. And as far as Industrial zoning goes,
you can't tell me, that with all the land that we have in this Town, you can't find some area to zone it
industrial zoning. With all the land we have. I don't believe that, that we can't find something.
Southold Town Board
October 7, 2003
4
Maybe what John Romanelli once said a while back, when we closed the landfill, he said, what are we
going to do with all this land? Maybe this is one of the reasons that you want to put it there, because
you don't know what to do with the land. Well there are many ways that you can use that land and you
don't even need it for a composting plant. But these people, I have watched these people closely for a
long time, they put up with a lot of nonsense in that area. When the landfill was there, they was there
before the landfill, the landfill was there in 1938, they was there way before that. All the garbage and
all the stuff that they put up with. The disposal, they had down there and I took pictures in 1984 where
the disposal of all solid waste and cesspool waste was dumped in there. Everything was dumped in
there. Chlorothane, oils, chemicals. Left in the open. Bad to live in that area. But they had to put up
with it. You go down there at night and see rats flying around there like cats, we used to go down
there with rifle practice down there at night. But what I am saying is, I think it is about time that we
stretched this thing out long enough, it reminds me of the five acre zoning, I watched that the other
night, you get sick of it. But I don't want to get into that tonight. I say let these people have what they
deserve, they earned this for years and let them have back their zoning of residential. Believe me.
That is all I have to say right now.
SUPERVISOR HORTON: Thank you, Mr. Carlin. We are scheduled for a public hearing on the issue
that MR. Carlin spoke to specifically but prior to getting to that public hearing, that you continue on
with the printed agenda, we could probably finish most of that up before 8:00. Would anyone else care
to address the Board on the specific resolutions? Mr. Samuels.
TOM SAMUELS: I haven't been around as long as Frank, but I have been around long enough, I
guess. At one time, I had three employees that lived on Church Lane. They were great guys and one
of them is dead and the others have moved on to other places but the people on Church Lane have put
up with, as Frank said, with a great deal over the years, but let's look at the real reason that this whole
controversy exists. In 1989 when the property was rezoned light industrial, the consultant at the time
was looking for someplace to put light industrial zoning. Light industrial zoning is unpopular.
Especially in residential areas. So they did this to the Church Lane property. They rezoned it light
industrial. And the Town Board voted for it. The Town Board is compounding the mistake by going
on with it, in my opinion. On the other hand, I have great sympathy for those people who bought
property there, thinking that it was zoned light industrial. An obligation of society, as far as property is
concerned, is that you can use the property for which it is zoned. So I am caught betwixt and between,
because one of my former employees, a very good friend of mine, bought some property there, in good
faith. In good faith. It is a conundrum, for me. But when you get right back to it, the Church Lane
people deserve their property rights and they deserve residential zoning. They have an active church,
the most effective Protestant church in the Town, very ably led. If in fact, you vote to overturn the
light industrial use, then I would ask every Town Board member before he votes, to make a
commitment to create some light industrial property for the working people of this Town. For the
small businesses. It wasn't three years ago, that you rezoned land on CR 48, stripping some properties
of their light industrial use. It was a big controversy at the time. And only the super majority bit that
went on deferred and the political opposition, deferred some of those changes. But some where made.
Now, where is light industry to go? The consultants that advocated light industrial zone for Church
Lane were working at the bidding of the Town Board. It should be known by this time, that
consultants are hired to justice position that the Town Board and majority want to make. That is their
job. They are chosen for that. So, I say again, in particular for our representative from Fishers Island
who may very well be the swing vote, we must protect these people. They are as good as anybody.
Southold Town Board
October 7, 2003
And they have organized, they are out in force, they should be heard. But every Town Board member
who is going to vote tonight, I would appreciate very much them making a commitment to rezoning a
piece of, a similar piece of property and making the people that bought those lots for light industrial
use, whole. There will be a lawsuit otherwise, and I am sick and tired of lawsuits against the Town.
But these people deserve what they have had for generations. And they are good people and I hope
that you act accordingly. As far as making it a negative dec, the Town can ill afford another positive
dec., we have already been through $250,000 worth of positive dec. EIS's but I would like very much
to see the community and it is not a racial issue at all, it is a rightness issue. It is fairness, if it was a
Caucasian community it wouldn't make any difference to me. But these people have been there a long
time and they deserve every bit of the compassion that this Town Board can give them. It is a moral
issue and it is a moral issue to confirm the rights of the people that bought the property in good faith.
Thank you.
SUPERVISOR HORTON: Thank you, sir. Again, any comments on the specific issue, we will have
the public hearing at 8:00 and if we could move ahead with the resolutions that are on the printed
agenda, I would like to do that so we can move right to the public hearing. Any other comments on the
printed agenda? Yes, Mr. Carlin.
MR. CARLIN: Louisa Evans ....
SUPERVISOR HORTON: Mr. Carlin, is this on a specific resolution?
MR. CARL1N: Yes, it involves the voting of it. What more could be more involved. I want to ask
Louisa Evans a few questions if you don't mind. You represent the people of Fishers Island, right?
JUSTICE EVANS: I represent the whole Town.
MR. CARL1N: Yeah, but if it wasn't for Fishers Island, we wouldn't have you on this Board, right?
JUSTICE EVANS: That may be true.
MR. CARL1N: Do you consult with the people of Fishers Island when you have an issue like this,
what their feelings are? Do you have a poll or do you have any idea what they are thinking when you
vote on things like this? Like even the five acre zoning. Do you talk to these people, do you consult
them, do you have any idea ....
JUSTICE EVANS: We have a Civic Association and I take most of the issues in Town to them, and
then they indicate to me whether they have a point of view on it or not.
MR. CARLIN: Well, what is their point of view?
JUSTICE EVANS: On this particular issue?
MR. CARLIN: Yeah.
JUSTICE EVANS: They don't have a point of view on this particular one, I don't think.
Southold Town Board 6
October 7, 2003
MR. CARL1N: Well, maybe you shouldn't vote then.
JUSTICE EVANS: As I said before, I represent the entire Town, not just Fishers Island.
MR. CARL1N: You represent Fishers Island. Again, if it wasn't for Fishers Island, technically, you
wouldn't be here.
SUPERVISOR HORTON: Mr. Carlin ....
COUNCILMAN MOORE: If it wasn't for Fisher Island, your taxes would be higher.
MR. CARL1N: No, they would be about the same because there is an overhead there...
COUNCILMAN MOORE: No, they wouldn't, Frank. There is extraordinary income we get from
their tax dollars over there.
MR. CARL1N: What I am trying to say is, if they had no opinion, then you are not voting on their
side, then you are just going to vote what the rest of the Town ....
SUPERVISOR HORTON: Mr. Carlin, Justice Evans job is to cast her vote equally among all Town
Board members. Her vote holds as much weight and runs at large town-wide, just as my vote and
anybody elses vote.
MR. CARL1N: Maybe we should sell Fishers Island...
JUSTICE EVANS: Mr. Carlin, this is an issue that I prefer not to vote on but I need ....
MR. CARL1N: It would save a lot of money, I tell you that. It would be one less on the Board.
SUPERVISOR HORTON: Thank you, Mr. Carlin. We will move on with the resolutions that are on
the printed agenda?
JOAN EGAN: I have some issues to ask about.
SUPERVISOR HORTON: Very well, Mrs. Egan.
MRS. EGAN: You wouldn't forget me.
SUPERVISOR HORTON: Mrs. Egan, I could not forget you.
MRS. EGAN: Good evening, Mr. Horton. And how is everybody tonight? Do you all have your heat
on? Now, #650, is this a new person?
SUPERVISOR HORTON: Yes.
MRS. EGAN: You know what I think about these changes.
Southold Town Board 7
October 7, 2003
SUPERVISOR HORTON: Yes, I do.
MRS. EGAN: Terrible. And ! did give you some voice mail earlier, did you receive it? ! did stop in
your office about changes for charts up here and ....
SUPERVISOR HORTON: Mrs. Egan, ! received 14 voice mails from you over the course of this past
weekend.
MRS. EGAN: Excuse me. How many?
SUPERVISOR HORTON: About 14 over three days.
MRS. EGAN: Good, good, good. I'll try to make it 15. ! told you you could bring the map that you
receive in your telephone book up here so that we could all see things. You didn't do that, did you?
You didn't even know that it was there because your mother probably does that for you, right, Joshie?
Now, #651, part of this, this kitchen equipment, this is what we all seem to be doing and ! very, very
and ! have brought this to your attention maybe on the 12th call that ! made to you. This word aging-!
think that we could use maturing, ! think that would be much, much more appropriate and since most
of us who pay taxes are maturing. ! hope you all are, up there also. Now, this #653, know who is
Crystal A. Parker, is that a girl or a boy?
SUPERVISOR HORTON: That is a female.
MRS. EGAN: And where does she come from?
SUPERVISOR HORTON: Southold Town.
MRS. EGAN: Southold Town and is she a school student, is she a law student?
SUPERVISOR HORTON: Yes. She is a high school student.
MRS. EGAN; She is a high school student. Is she a senior?
SUPERVISOR HORTON: ! believe so. She may be a junior.
MRS. EGAN: And how did she get this job?
SUPERVISOR HORTON: She applied for it.
MRS. EGAN: She did. And who interviewed her?
SUPERVISOR HORTON: ! do not recall.
MRS. EGAN: You don't? Well, somebody had, did somebody up there do it?
SUPERVISOR HORTON: Justice Bruer did. As per this memo.
Southold Town Board 8
October 7, 2003
MRS. EGAN: Well, he is a pretty good guy, I will take his word for it. Now, #654 ....
SUPERVISOR HORTON: Mrs. Egan, are you going to go through every resolution?
MRS. EGAN: If! have to. Do you object?
SUPERVISOR HORTON: Do ! object? ! don't object if you have specific questions. As long as they
are pertinent to the resolutions.
MRS. EGAN: Well, ! do. And if you would stop talking, ! would get finished more quickly, wouldn't
I? Now, who is this L.K. McLean, Associates and where are they located?
SUPERVISOR HORTON: They are an Engineering Firm. They will be doing some work while our
Town Engineer is recovering. They are from Southold Town.
MRS. EGAN: Wonderful, we hired people from Southold, great. Now, Robert Stanonis #655, we are
changing people up at the Human Resource, people are resigning. Again, ! find that something has to
be wrong that we are changing so many things up there and as ! have said over and over again, people
who do go there do like to see the same faces. Now #659, this is that Mary Wilson that we had ....
SUPERVISOR HORTON: That is correct, Mrs. Egan.
MRS. EGAN: And that is the girl from the south shore, right? Not from a Southold lawyer.
SUPERVISOR HORTON: She is a woman who lives on the south shore, yes.
MRS. EGAN: Now, Mr. Romanelli, is your nose falling off or has it grown too Pinocchio ....
SUPERVISOR HORTON: Mrs. Egan.
MRS. EGAN: Well, that is all for now.
SUPERVISOR HORTON: Can we move with the resolutions?
#649
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Jersey One
Auto Sales in the amount of $3~003.00 for the 1999 Ford Crown Victoria - V1N
2FAFP71W7XX194075, as a result of the bid opening on September 25, 2003.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#650
Moved by Councilman Moore, seconded by Councilman Romanelli, it was
Southold Town Board
October 7, 2003
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RESOLVED that the Town Board of the Town of Southold hereby appoints Carol A. Hydell to the
position of full-time Minibus Driver for the Human Resource Center, at an rate of $10.25 per hour
effective October 8, 2003 changing to an annual salary of $18,176.78 effective April 8, 2004.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#651
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 2003 budget as follows:
From:
Appropriations:
A.6772.4 100.700
To
Appropriations:
A.6772.2.500.700
Kitchen Equipment
Vote of the Town Board:
Programs for the Aging
Contractual Expense
Food
$ 2200.00
Programs for the Aging
Other Equipment
$ 2200.00
Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#652
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Senior Site
Planner Bruno Semon to attend a Hi~h-Performance Green Buildin~ Design workshop on
October 8, 2003 in Farmingdale, NY sponsored by the Environmental Business Association of New
York. Registration fee of $25.00 and travel charges to be a legal charge to the Planning Board, Travel
Reimbursement line B.8020.4.600.200
SUPERVISOR HORTON: ! would just like to say that Mr. Semon has really brought quite a bit of
energy to the Planning Department and ! am glad that he is taking advantage of any courses that will
further the Planning Departments efficiency.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#653
Moved by Councilman Wickham, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Crystal A.
Parker to serve her senior internship in the Southold Town Justice Court once a week on Friday,
not to exceed 80 minutes total, at no compensation.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Southold Town Board
October 7, 2003
10
#654
Moved by Councilman Richter, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of $outhold hereby authorizes Supervisor Joshua
Horton to execute an agreement with L. K. McLean Associates~ P.C. to provide professional
services in regard to the Griffing Street Parking Facility.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#655
Moved by Councilman Moore, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Robert
Stanonis~ Senior Citizen Aide II with the Human Resource Center, effective September 25, 2003.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#656
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby establishes the following rate of
pay for Network & System Administrator:
Effective January 1,2002
Step Salary
Entry 61,820.25
1 64,320.25
2 65,320.25
3 66,670.25
4 67,670.25
5 70,170.25
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#657
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of $outhold hereby modifies the 2003 General
Whole Town Budget as Follows:
From:
A.2025.00
To:
A1620.2.500.825
Vote of the Town Board:
Special Recreation Facility
Park & Playground Funds
$6,826.85
Building & Grounds, Capital Outlay
Cochran Park Improvements $6,826.85
Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
Southold Town Board
October 7, 2003
This resolution was duly ADOPTED.
11
#658
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of $outhold hereby modifies the 2003 Solid Waste
District budget, as follows:
To
SR 1490.1.100.200 Admin. Overtime Earnings $ 1,500.00
SR 8160.4.100.200 Diesel Fuel $ 5,000.00
SR 8160.4.100.400 Welding Supplies $ 100.00
SR 8160.4.100.580 Maint/Ford Tractor $ 1,750.00
SR 8160.4.100.590 Maint/Mack Tractor $ 250.00
SR 8160.4.100.595 Tub Grinder Maint./Supplies $ 20,000.00
SR 8160.4.100.630 Maint/SW Coord. Vehicle $ 100.00
SR 8160.4.400.810 C&D Removal $ 40,000.00
SR 8160.4.400.820 Plastic Recycling $ 1,000.00
From
SR 1490.1.100.100
SR 1490.1.100.500
SR 8160.4.100.573
SR 8160.4.100.575
SR 8160.4.100.596
SR 8160.4.100.607
SR 8160.4.100.615
SR 8160.4.400.600
SR 8160.4.400.660
SR 8160.4.400.840
SR 8160.4.600.200
SR 8160.4.400.805
$ 69,700.00
Admin. Regular Earnings $ 1,500.00
Admin. HolidayPay $ 1,000.00
Maint/Supply Trommel Screen $ 2,000.00
Maint/Supply Leaf Shredder $ 2,500.00
Tub Grinder 2 Maint./Supplies $ 1,000.00
Encapsulator Maintenance $ 5,000.00
Maint/Supply CAT 816B Compactor $ 2,500.00
Scale Maintenance $ 5,000.00
Forklift Repairs $ 1,000.00
Hazardous Waste Removal $ 5,000.00
Meetings and Seminars $ 1,812.63
MSW Removal $ 41,387.37
$ 69,700.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#659
Moved by Councilman Richter, seconded by Councilman Romanelli,
WHEREAS, the Town Board wishes to appoint a Hearing Officer to consider disciplinary charges
against an employee and suspending that employee without pay pursuant to the Civil Service Law;
NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby appoints Mary C. Wilson,
Esq., as the Hearing Office in the disciplinary charges brought against a Town employee; and
Southold Town Board
October 7, 2003
12
FURTHER, BE IT RESOLVED, that the Town Board hereby suspends the employee without pay for
not more than thirty days pending the determination of the charges effective the day after the charges
are served upon the employee; and
RESOLVED that the Town Clerk be directed to forward a copy of this resolution to Richard
Zuckerman, Esq.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#66O
Moved by Councilman Moore, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2003 budget as follows:
From:
Appropriations:
A.6772.4.400.300
To -'
Appropriations:
A.6772.4.100.100
Programs for the Aging
Contracted Expenses
Printing
Vote of the Town Board:
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
$150.00
Programs for the Aging
Contractual Expense $150.00
Office Supplies
Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
#661
Moved by Councilman Romanelli, seconded by Justice Evans,
WHEREAS, archives help us anchor our rapidly changing society in the stream of time, document our
stewardship of the present, and remind us of our accountability to future generations, and
WHEREAS, archives are central to research and education, both now and in the future, and
WHEREAS, the archives of our governments protect the rights of citizens, support the effective
operation of government, and document the evolution of our democracy, and
WHEREAS, archives are essential to understanding the diversity of our society and the development
of our private and non-profit organizations, and
WHEREAS, the sound selection, preservation, accessibility, and broad use of archival records are
vital to the present and future citizens of the Town of Southold, and
WHEREAS, greater public awareness of archival conditions and increased support for archival
programs in the Town of Southold is urgently needed, and
WHEREAS, the second week in October is being celebrated statewide as NEW YORK ARCHIVES
WEEK; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold does hereby proclaim October 12
through 18~ 2003 as "ARCHIVES WEEK" in the Town of Southold.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Southold Town Board
October 7, 2003
13
SUPERVISOR HORTON: Resolution #662, I had a discussion briefly with the Chairperson of the
Zoning Board Appeals, Lydia Tortora, at the Board's request, she will hold her resignation for two
weeks to give the Board ample time to canvass the Zoning Board of Appeals for a replacement.
#662
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Lydia
Tortora from the position of Chairperson of the Zoning Board of Appeals, effective October 21,
2003.
SUPERVISOR HORTON: I would like to extend my thanks to Lydia, she really stepped in and
brought a lot of energy to the job, gave it a tremendous amount of dedication, and I think that on the
behalf of the Board, we appreciate that.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#663
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2003 budget as follows:
From:
Appropriations:
A.6772.4.600.200
A.6772.4.400.805
A.6772.4.400.300
To
Appropriations:
A.6772.4.100.110
Vote of the Town Board:
Seniors Trips & Excursions
Garbage Removal
Printing
$ 250.00
$ 461.00
$ 50.00
Programs for the Aging
Contractual Expense $ 761.00
Program Supplies & Materials
Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#664
Moved by Councilman Richter, seconded Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Horton to sign an application for funds available in the October 2003 round under the
Suffolk County Water Protection and Restoration Program.
SUPERVISOR HORTON: These are some environmental programs that we are applying for funding
on working with Cornell Cooperative Extension.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#665
Moved by Councilman Moore, seconded by Councilman Richter, it was
Southold Town Board
October 7, 2003
14
RESOLVED that the Town Board of the Town of Southold hereby agrees to engage the services of
L. K. McLean Associates~ P.C. to hold up to 3 meetings with designated community groups and/or
Town Committees to solicit input on the proposed re-design of the Southold Town Solid Waste
Transfer Station, including proposed traffic flow patterns, and to report to the Town Board on the
findings of such meetings, at a total cost of not more than $1,000.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#666
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6
(2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold
hereby sets Tuesda¥~ October 21~ 2003~ at 5:30 p.m. Southold Town Hall~ 53095 Main Road~
Southold~ New York as the time and place for a public hearing for the purchase of a portion of
the property owned by Mary Grace Doughert¥ and Others, which is under contract to Forestbrook
Builders, Inc. Forestbrook Builders, Inc., is the Purchaser and Assignor to J&C Holdings, LP. The
property is identified as part of SCTM #1000-79-2-7 and is known as 5250 North Bayveiw Road. The
property is located on the north side of North Bayview Road, approximately 226.76 west of the
intersection of North Bayview Road with Jacobs Lane, in Southold. The proposed acquisition is for
approximately 25.75 acres (subject to survey) of the approximately 37.75 acre parcel. The purchase
price is $38,000 (thirty-eight thousand dollars) per buildable acre. The exact area of the purchase is
subject to a survey acceptable to the Land Preservation Committee.
The landowner has voluntarily linked the preservation/development components of the J&C Holdings
application with a separate and distinct parcel owned by John Hurtado and Others (SCTM# 1000-79-5-
20.15). The proposal includes the Town purchasing the 25.75 acres of the parcel known as J&C
Holdings for open space purposes, and the Town purchasing the entire parcel (approximately 16.04
acres) known as John Hurtado and Others for open space purposes. Six (6) residential lots are proposed
on the remaining approximately 12 acres of the parcel known as J&C Holdings.
The property is listed on the Town's Community Preservation Project Plan as property that should be
preserved for open space purposes. The purpose of the purchase is for open space and recreational
(trail) purposes. Proposed use of the property may include the establishment of a nature preserve,
passive recreational area with trails and limited parking for access purposes.
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of
land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold,
New York, and may be examined by any interested person during business hours.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#667
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6
(2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold
hereby sets Tuesda¥~ October 21~ 2003~ at 5:35 p.m. Southold Town Hall~ 53095 Main Road~
Southold~ New York as the time and place for a public hearing for the purchase of the property
Southold Town Board
October 7, 2003
15
owned by John. L. Hurtado, Sr. and John L. Hurtado, Jr, identified as SCTM# 1000-79-5-20.15.
The property is located on the north side of North Bayview Road, approximately 598.12' east of the
intersection of North Bayview Road and Reydon Drive. The proposed acquisition is for approximately
16.04 acres (subject to survey). The purchase price is $38,000 (thirty-eight thousand dollars) per
buildable acre. The exact area of the purchase is subject to a survey acceptable to the Land
Preservation Committee.
The landowner has voluntarily linked the preservation/development components of the
John Hurtado and Others application with a separate and distinct parcel owned by J&C Holdings as
contract vendee (SCTM# 1000- 79-2-7). The proposal includes the Town purchasing the 16.04 acres of
the parcel known as John Hurtado and Others for open space purposes, and the Town purchasing 25.75
acres of the 37.75 acre parcel known as J&C Holdings for open space purposes. Six (6) residential lots
are proposed on the remaining approximately 12 acres of the parcel known as J&C Holdings.
The property is listed on the Town's Community Preservation Project Plan as property that should be
preserved for open space purposes. The purpose of the purchase is for open space and recreational
(trail) purposes. Proposed use of the property may include the establishment of a nature preserve,
passive recreational area with trails and limited parking for access purposes.
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of
land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold,
New York, and may be examined by any interested person during business hours.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#668-1st Vote
Moved by Councilman Wickham, seconded by Justice Evans,
WHEREAS, the Town Board of the Town of Southold has proposed amendments to the Town Zoning
Map, which will result in the rezoning of fifteen parcels of property from Light Industrial (LI) to
Residential (R-40); and
WHEREAS, the Town Board has proposed to undertake the action itself and is therefore assuming
lead agency status; and
WHEREAS the proposed amendments to the Town Zoning Map will not result in a significant
environmental impact to the Town as evidenced in the contents of the Long EAF prepared for the
Town Board by Greenman-Petersen; and it is hereby
RESOLVED, that the Town Board of the Town of Southold, as lead agency, has determined that the
Church Lane Neighborhood Rezoning (which includes the rezoning of parcels identified as SCTM #
1000-96-1-3; 1000-96-1-4.1; 1000-96-1-5.1; 1000-96-1-6; 1000-96-1-7; 1000-96-1-8; 1000-96-1-9;
1000-96-1-11.1; 1000-96-1-12; 1000-96-1-13.1; 1000-96-1-14; 1000-96-1-15; 1000-96-1-16; 1000-96-
1-18.2; and 1000-96-1-18.3 1000-75-2-14.1), is an Unlisted action and will not have a significant
impact on the environment, and be it further
RESOLVED that the Town Board of the Town of Southold hereby adopts a Negative Declaration
pursuant to SEQRA Rules and Regulations for the proposed rezoning of the parcels identified as
SCTM # 1000-96-1-3; 1000-96-1-4.1; 1000-96-1-5.1; 1000-96-1-6; 1000-96-1-7; 1000-96-1-8; 1000-
96-1-9; 1000-96-1-11.1; 1000-96-1-12; 1000-96-1-13.1; 1000-96-1-14; 1000-96-1-15; 1000-96-1-16;
1000-96-1-18.2; and 1000-96-1-18.3 1000-75-2-14.1 from Light Industrial (LI) to Residential (R-
40).
Southold Town Board
October 7, 2003
16
COUNCILMAN MOORE: For those of you who don't know, I am deeply sympathetic and supportive
of where we are going with this, i.e. restore a residential community in that vicinity. Call it the lawyer
in me if you want but if you are going to do it, let's do it right. ! received in my mail today a 21 page
long environmental assessment form, which ! took the opportunity this afternoon when we were all
done with our work session to read. ! will read one section of this for you and you all can decide if you
think this document is ready for prime time. One of the issues, one of the predominant land uses and
zoning classifications within a quarter mile radius of the proposed action, the document says, light
industry and agriculture. Former Town landfill has been capped and is now suitable for park use. That
is it. Nothing referenced in this document, prepared at the Town's expense, for the Town Board; makes
reference to the continuing operation of the transfer station, nothing makes reference to the operation
of the compost facility there. ! would suggest to the Board that that being the case, had we received
this document from a private applicant seeking a zone change, our Planning staff would have sent it
back and said go fix it. So ! encourage this Board send this document back to Greenman-Pedersen and
go fix it because the last thing you want to do tonight is pass a resolution to change zoning and have it
easily tossed out because our environmental assessment process was woefully inadequate. So ! urge
you to table this resolution, send it back to Greenman-Pedersen, have them fix the process. Feel free to
have the public hearing, with the benefit of all the comment that we are going to get tonight and !
appreciate every persons input, but get it and do it right. ! make a motion to table the resolution.
COUNCILMAN ROMANELLI: ! will second that.
SUPERVISOR HORTON: ! think that is a blatant stalling move and ! think that the Planning Board
has had the SEQRA, they originally had a short form and ! went back, ! had the long form done
because ! heard through the grapevine that perhaps the Planning Board might recommend that and !
think that any move, any move to table this is a blatant stalling effort.
COUNCILMAN MOORE: Go for it, Josh. Put it on the table and let's vote it up. We won't even
bother with the public hearing, folks, let's just go ahead and have the vote. It is not stalling. Let's do
it and do it right.
COUNCILMAN ROMANELLI: No. ! go along with Bill, it is not a stalling issue, there is another
question here that is not answered right either, and we only got this on October 2nd. The other question
is: Is the proposed action compatible with the adjoining surrounding area within a quarter of a mile?
And it says yes and everything around it, we have LIO to the west, we have the landfill to the north, we
have, let's do it right, this will be overturned in a lawsuit if this is not done correctly. ! think that we
need to do it correctly otherwise we are all going to be back here. ! think that is the only opinion that
Bill is bringing up and ! think that we all should be sympathetic to that. That we will be back in the
same situation with a lawsuit because of the way that the SEQRA is done.
JUSTICE EVANS: ! am voting no, too because ! said this before to the people of Church Lane that if
and when we change your zone, you want it to stick because if we lose it on the court case, which is
sure to come if we change the zone, it is done, you are never getting your zone changed after that. So, !
think that it is better for everyone to do it properly the first time so there is less reason for it to be
overturned if you have it given a zone change. So ! vote no.
SUPERVISOR HORTON: ! am going to cast my vote. ! am also going to say that the Town Board
and the Planning Board had a year, more than a year, actually ! think that we sit here a year to date
since the last time that ! put this up and did not receive a second. We have come this far, we have had
an Environmental Assessment, we had a SEQRA, we have had two reports that all said the same thing
and now, in a last ditch effort; this is obstructionist and ! think that it flies in the face of the residents of
Church Lane that have come here tonight seeking justice, so ! am going to cast my vote to adopt this
SEQRA neg dec.
Southold Town Board
October 7, 2003
17
COUNCILMAN ROMANELLI: I think that there is just a misunderstanding, I don't think that from
my perspective that I am sitting here saying no to a zone change. What I am saying is, and Bill
brought it up, it is going to lose in court the way that it is done right now.
COUNCILMAN MOORE: If you all want to have it go up like that, then we will vote on this
document.
COUNCILMAN ROMANELLI: We got this today. We got the SEQRA today from the Supervisor.
SUPERVISOR HORTON: We are going to move into the public hearing and so the Board is well
aware, the Planning Board put this off, the Planning Board didn't want to handle it. We got a revised
opinion from the Planning Board this afternoon, had a year to handle this. The Town Attorney could
have handled this. This went out to the firm and this came back.
COUNCILMAN MOORE: Right. Let's have a vote. You want to take that vote again.
COUNCILMAN ROMANELLI: Yes. Let's do it again. I will go with Bill.
SUPERVISOR HORTON: I will also say that I stand behind the SEQRA, I stand behind the firm that
did it and I also defy you to find a judge that is going to look in the face of any long-term resident and
say, yes, a zone change in a residential neighborhood to light industrial is appropriate. And I would
like to move ahead.
COUNCILMAN ROMANELLI: Okay, put #668 back on.
Vote of the Town Board: Aye: Councilman Wickham, Supervisor Horton. No: Councilman Richter,
Councilman Romanelli, Councilman Moore, Justice Evans.
This resolution was LOST.
#668-2nd Vote
Moved by Councilman Romanelli, seconded by Councilman Moore,
WHEREAS, the Town Board of the Town of Southold has proposed amendments to the Town Zoning
Map, which will result in the rezoning of fifteen parcels of property from Light Industrial (LI) to
Residential (R-40); and
WHEREAS, the Town Board has proposed to undertake the action itself and is therefore assuming
lead agency status; and
WHEREAS the proposed amendments to the Town Zoning Map will not result in a significant
environmental impact to the Town as evidenced in the contents of the Long EAF prepared for the
Town Board by Greenman-Petersen; and it is hereby
RESOLVED, that the Town Board of the Town of Southold, as lead agency, has determined that the
Church Lane Neighborhood Rezoning (which includes the rezoning of parcels identified as SCTM #
1000-96-1-3; 1000-96-1-4.1; 1000-96-1-5.1; 1000-96-1-6; 1000-96-1-7; 1000-96-1-8; 1000-96-1-9;
1000-96-1-11.1; 1000-96-1-12; 1000-96-1-13.1; 1000-96-1-14; 1000-96-1-15; 1000-96-1-16; 1000-96-
1-18.2; and 1000-96-1-18.3 1000-75-2-14.1), is an Unlisted action and will not have a significant
impact on the environment, and be it further
RESOLVED that the Town Board of the Town of Southold hereby adopts a Negative Declaration
pursuant to SEQRA Rules and Regulations for the proposed rezoning of the parcels identified as
SCTM # 1000-96-1-3; 1000-96-1-4.1; 1000-96-1-5.1; 1000-96-1-6; 1000-96-1-7; 1000-96-1-8; 1000-
96-1-9; 1000-96-1-11.1; 1000-96-1-12; 1000-96-1-13.1; 1000-96-1-14; 1000-96-1-15; 1000-96-1-16;
1000-96-1-18.2; and 1000-96-1-18.3 1000-75-2-14.1 from Light Industrial (LI) to Residential (R-
40).
COUNCILMAN WICICHAM: I vote yes and I just wish that the Board would stop its theatricals and
start voting regularly and not just manufacture this.
Southold Town Board
October 7, 2003
18
COUNCILMAN RICHTER: Before I vote, I just want to reiterate what Bill and John just said. This
has been going on quite a while, ! agree. This is an issue and a topic that has been highly contested,
this is a very difficult situation we are in. ! am going to tell them exactly how ! feel, because ! care,
whether you people understand this or not ....
SUPERVISOR HORTON: Please, let Councilman Richter continue, please.
COUNCILMAN RICHTER: .... what Bill has brought up, ! believe to be very legitimate. ! am going
to vote yes on this but ! am afraid that in X amount of months, you are going to be sorry that this is
overturned in court. ! truly believe that this SEQRA document was not prepared correctly, the long
form and ! think that it sounds like it is a stall tactic, it is not. ! think that is why we are going to turn
around and vote on it and say yes. So my vote is yes.
(Town Clerk Neville called for Councilman Moore's vote)
COUNCILMAN WICKHAM: We didn't hear you.
COUNCILMAN ROMANELLI: He is thinking about it.
COUNCILMAN MOORE: ! haven't voted yet, Tom.
SUPERVISOR HORTON: Oh, please, the hostility is not necessary.
COUNCILMAN ROMANELLI: It is brought on by you.
SUPERVISOR HORTON: The hostility is not necessary here.
COUNCILMAN MOORE: When you pander to people and tell them what they want to hear and then
you accuse the Town Board of stall tactics and ! sit there and look at a 21 page document that !
received this afternoon because that is when ! received it ....
COUNCILMAN ROMANELLI: That is when it was given to us.
COUNCILMAN MOORE: .... that is when ! got it. It was received by Greenman-Pedersen... folks...
SUPERVISOR HORTON: Please, let Councilman Moore continue.
COUNCILMAN MOORE: ! am telling you, ! came into Town Hall this morning, it was in my box
this morning. ! read it this afternoon. In my practice, you never give someone a reason to throw you
out on your ear. SEQRA is a great tool to be used to throw you on your ear. ! urged this Board to go
back and fix it. That wasn't a stall tactic, that was an attempt so when we fix the damn thing, that it
sticks. Now, if you folks think that was a stall tactic, we can all vote yes and say fine, if this negative
declaration is sufficient under SEQRA and we will see how it shakes out a few months from now. !
had this report since yesterday .... or today rather, excuse me.
UNIDENTIFIED: .... all ! am saying is that this is not the first time that a zoning issue has come up,
so you should have been expecting this report, you should have been fine tuning this report and been
able to...
COUNCILMAN MOORE: This document was prepared for us by consultants.
UNIDENTIFIED: How long will it take to fix it? Two years?
COUNCILMAN MOORE: It wouldn't take two years at all, the person who prepared it could fax it
back tomorrow. So now you are asking me to .... fine, negative dec it, go right ahead.
UNIDENTIFIED: So what is your vote?
COUNCILMAN MOORE: Accept the report. It is for a negative declaration.
MS. EGAN: Your vote is yes or no?
COUNCILMAN MOORE: Yes.
JUSTICE EVANS: No. ! think that for the reasons that Bill outlined, you are better to get a proper
SEQRA done.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. No: Justice Evans.
This resolution was duly ADOPTED.
Southold Town Board
October 7, 2003
19
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the $outhold Town Board recess for public hearing in the matter of HEARING ON
"A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF CERTAIN
PARCELS OF PROPERTY KNOWN AS SCTM #1000-96-1-3; 1000-96-1-4.1; 1000-96-1-5.1;
1000-96-1-6; 1000-96-1-7; 1000-96-1-8; 1000-96-1-9; 1000-96-1-11.1; 1000-96-1-12; 1000-96-1-
13.1; 1000-96-1-14; 1000-1-96-15; 1000-96-1-16; 1000-96-1-18.2 AND 1000-96-1-18.3 FROM
THE (LI) LIGHT INDUSTRIAL ZONING DISTRICT DESIGNATION TO THE (R-40)
RESIDENTIAL ZONING DISTRICT DESIGNATION."
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Meeting was reconvened at
COUNCILMAN WICKHAM: The hearing being over, I would like to introduce a resolution for the
evening, the resolution is basically #669, it is on our agenda.
#669
Moved by Councilman Wickham, seconded by Supervisor Horton, it was
RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law:
LOCAL LAW NO. OF 2003
A LOCAL LAW ENTITLED "A LOCAL LAW TO CHANGE THE ZONING DISTRICT
DESIGNATION OF CERTAIN PARCELS OF PROPERTY KNOWN AS SCTM # 1000-96-1-3;
1000-96-1-4.1; 1000-96-1-5.1; 1000-96-1-6; 1000-96-1-7; 1000-96-1-8; 1000-96-1-9; 1000-96-1-11.1;
1000-96-1-12; 1000-96-1-13.1; 1000-96-1-14; 1000-96-1-15; 1000-96-1-16; 1000-96-1-18.2; AND
1000-96-1-18.3 FROM THE (LI) LIGHT INDUSTRIAL ZONING DISTRICT DESIGNATION TO
THE (R-40) RESIDENTIAL ZONING DISTRICT DESIGNATION".
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
Section 1. Legislative Intent.
The Town Board of the Town of Southold retained an independent planning firm, Greenman-Pedersen
Inc., to conduct a planning, environmental, and cultural analysis of the portion of the Town bordered
by North Road (C.R. 48) on the south, Cox Lane on the east, Oregon Road on the north, and Depot
Lane on the west. The analysis was refined into a primary study area consisting of fifteen parcels,
hereinafter referred to as the "Church Lane Neighborhood" on the south side of the landfill.
These fifteen parcels are Suffolk County Tax Map (SCTM) #1000-96-1-3; 1000-96-1-4.1; 1000-96-1-
5.1; 1000-96-1-6; 1000-96-1-7; 1000-96-1-8; 1000-96-1-9; 1000-96-1-11.1; 1000-96-1-12; 1000-96-1-
13.1; 1000-96-1-14; 1000-96-1-15; 1000-96-1-16; 1000-96-1-18.2; and 1000-96-1-18.3 and all are
currently zoned Light Industrial (LI).
The study/analysis prepared by Greenman-Petersen dated August 2003 indicated that the Church
Lane neighborhood is one of the few African-American communities in the Town of Southold. It
was established in the early part of the last century, and the families who have maintained homes
there since that time have cultural roots to the establishment of agriculture on the North Fork. The
continued existence of this unique historic settlement is jeopardized by its current industrial zoning
classification. Previous land use conflicts between the Town landfill and the residential use of the
Church Lane neighborhood no longer apply, as the landfill has been capped, and this facility must
be considered a long term open space and parkland asset to the neighborhood. The solid waste
Southold Town Board
October 7, 2003
20
transfer and recycling center, and the yard waste composting facility still provide land use
conflicts, but these are being mitigated by provisions for a noise barrier and a vegetative border.
Additional mitigation is anticipated as best management practices are implemented, and as
technology for transfer, recycling, and composting improves.
In preparing the report/recommendations, Robert Grover of Greenman-Petersen met with
residents of the community on August 11, 2003 and determined that the residents support
rezoning the Church Lane community to a residential zone in an effort to preserve their
community. The report concludes that it is clear from the analysis that, on the basis of cultural
resources, land use, and the Town's established planning goals, the Church Lane neighborhood
should be rezoned to Residential R-40.
A public hearing was held on the Town Board's own motion for rezoning the fifteen parcels to
Residential (R-40) and the public was given an opportunity to be heard.
Section 2. Enactment.
Therefore, based upon the aforementioned goals and identified needs of the Town, the cultural and
historical resources, and existing land use patterns in the Town, and upon our consideration of the
recommendations and comments of the $outhold Town Planning Board, the Suffolk County Planning
Commission, independent planning consultant Greenman-Pedersen, and the public comment taken at
the public hearing and otherwise, we hereby determine that it is necessary and desirable to revise and
amend the zoning designations applicable to the identified parcels, and we hereby change the zoning
district designated for the parcels of property known as Suffolk County Tax Map (SCTM) #1000-96-1-
3; 1000-96-1-4.1; 1000-96-1-5.1; 1000-96-1-6; 1000-96-1-7; 1000-96-1-8; 1000-96-1-9; 1000-96-1-
11.1; 1000-96-1-12; 1000-96-1-13.1; 1000-96-1-14; 1000-96-1-15; 1000-96-1-16; 1000-96-1-18.2; and
1000-96-1-18.3 from the (LI) Light Industrial Zoning District designation to the (R-40) Residential
Zoning District Designation. ''
Section 3. The zoning map as adopted by section 100-21 of the Town Code of the Town of $outhold is
hereby amended to reflect the within change of zoning district designation for said parcels.
Section 4.
This Local Law shall take effect immediately upon filing with the Secretary of State.
COUNCILMAN WICKHAM: Having moved the resolution and having it seconded, I would like to
make a couple of comments myself. As the Board members, we have listened to a lot of comment
from the people who have shown up and one of the frustrating parts about being a Board member is we
don't have much chance to speak our own minds, we just have to listen. I would like to begin by
saying that when I started being involved in this process quite some time ago, I was not sympathetic to
the shift to an R-40. Many of you know that. I had many reservations and many of those reservations
I heard tonight. The key reservation that I had was it seemed to me that from a planning point of view,
logically, this should be an industrial property like all the other properties around the landfill. And it
seemed to me it would be quite difficult to create a residential community where industries have been
operating and where nearby there would be more industries. I have since changed my mind and I think
that actually, most of the Board has changed its mind somewhere along the line. The reason I changed
my mind is, there are steps and points that transcend just narrow technical planning and zoning
matters. And when it became clear to me that there is a substantial portion of the community in
$outhold that really wants this little hamlet center to emerge as a hamlet, as a residential hamlet in its
own right. It isn't just a handful of people, there are lots of people out there in Town that really wants
this to happen. It occurred to me that we have a challenge before the Town Board to help make this
happen and now we have to address the points of help and safety and welfare, points that I asked and
the Board has asked that we raise and deal with many, many months now. And that still need to be
Southold Town Board
October 7, 2003
21
dealt with. And I believe that a shift to R-40 will help us to address those needs, rather than just
putting it off for another day. I view it as a challenge and a challenge that we can meet. Turning now
to this report that has surfaced only just this evening, I have read the report, only just this evening, and
to be candid, although I am not an attorney, I do not believe it is deficient. I believe it does serve our
needs. I believe that it does provide us with the protection that we need to go forward and I am not
afraid of being sued by somebody who is going to try to hang their hat on that report. I go back to the
comment that Dan Ross made in the hearing earlier on, that people who have done these kinds of
reviews that are attorneys know how to defend and I believe that the report is adequate. It does serve
our needs. It is to my mind, complete. So, and I am disturbed that this only came up tonight in a
public hearing. If Board members really felt seriously about it, it should have been raised during a
work session during the day and discussed more fully so that we could have dealt with it at that time.
For all of these reasons, I am pleased, the Town Board is at this moment, considering hamlet centers
throughout the Town of $outhold. We spent quite a bit of time today talking about the hamlet centers
of Mattituck and Cutchogue and west Greenport. To me this is another proposed hamlet center, it will
be different, they are all different but there is nothing wrong with thinking about a hamlet center, part
of the community of the Town, it is not where I started but it is where I think the Town should go.
SUPERVISOR HORTON: Before we call the role, would anyone from the Board care to make
comments?
COUNCILMAN MOORE: I have been accused of dragging my feet, of not being creative, of rolling
over and not being principled and that is a tough one. The Board proceeded to roll over and say okay to
an environmental assessment form which I believe is flawed, and Tom, we received it at noontime
today, we worked until 2:00, I met with you at 3:00. I read it over dinner hour this afternoon. When I
came in here and said, 'I have got some real concerns'. I think that the community has already heard
expressions of support from this Board. That being said, I cannot imagine why you would hand over
the keys to a simple challenge. And I will tell you as a land use attorney from all my prior years, that
the easiest way to throw out a Board's piece of work is to attack what it does under SEQRA. Because
as you described SEQRA as something just technical, it is the place on which environmental groups
hang their hat to attack a process. Witness the litigation involved - property in Riverhead and the years
and years and years that go on. Out of utter frustration did I fold my cards before and say, 'fine, you
want to have a vote on this flawed document, go ahead.' And I apologize for knuckling under to my
utter frustration. I would urge this Board to send it back to Greenman-Pedersen, have them fix the
deficiencies in it, give you the tools that you need, so that the local law that you want to pass to do this
zoning properly is in place. My suggestion, so that I cannot be accused of foot-dragging, I am only
here till December 31st, mind you, is that we set a special Town Board meeting, that Greenman-
Pedersen be given a chance to fix the document and the Town Board take this up at that special
meeting and I would recommend that that be one week, the 16th of October if that is convenient for the
Board, that is next Thursday.
SUPERVISOR HORTON: Please call the roll.
COUNCILMAN RICHTER: Before I vote, I need to make a few comments. We have sat here and
listened to this for quite some time and I am going to tell you what I think. It is my turn. I am going to
probably do something that goes against my ideals and what I believe in this evening. Over time, this
is a land use issue. I listened to a lot of statements this evening and a number of other times. A lot of
misquotes, and a lot of things that were said that are not really true and one of the things that I do see,
though, is I see the tremendous support for this. All throughout $outhold Town, we have definite
mixtures of residential, light industrial, business, it is all over the Town. We all know that, when I am
told that it is not here, I really hate to mention names but I know there is a septic waste person in Town
Southold Town Board
October 7, 2003
22
where a good friend of mine lives, back to back, in a residential area. It does happen, it doesn't mean
that it is right. It is part of what $outhold is, it is part of the mixed use of $outhold. I have said on a
number of occasions that the landfill has been disrespectful to the neighbors. I truly believe that, I
believe that we need to do some things at the landfill that we have all discussed before about a new
transfer station, a new entrance and exit, being respectful and that is something that has to happen. The
land use issue, again, I try to make my decisions that are legitimate. What I think is correct for the
Town, truly never buckled to pressure because I really don't need to do what I am doing here. I want
to do what is best for Southold, I want to do what is best for the people, I detest racism; I think it is a
cancer. That is how I live my life and I will be very proud, I am going to have a little trouble with the
way that I am going to vote this evening because when I leave here, it will be the first time that I am
not really sure that I am going to make the right vote. And that is going to bother me for a while. But
I do see the tremendous support, I know in fact, I am going to make a few more enemies right now.
$outhold Business Alliance I have talked to on a number of occasions and I said if you truly think that
the landfill area should be commercial property, which I believe. Then you need to get out and support
that idea. Do we need more light industrial area; do we need more business/commercial area in the
Town of Southold? Yes, we do. We need that, coupled with affordable housing and I am not going to
go into a whole other realm, I want to stay right here. Those are issues that we need to do in $outhold.
Yes, is my vote.
COUNCILMAN ROMANELLI: I want to start off saying that I, it is a hard issue, it is a sad issue, to
be quite honest with you. When I see some of the emotions, some of the things that were said over the
past year, so it is sad. It hurts me as a Board member that we are up here having to make these kinds
of decisions. I believe that if this Board is going to make this change and make this into residential
zone, and this was brought up tonight, and I need to hear it from this Board tonight that if we are going
to make this change to residential zone, I want the full commitment from this Board to spend whatever
money it takes to handle all the other issues that surround that area. That includes creating light
industrial lots, I brought this up in a work session two weeks ago, not at a public meeting but at one of
our work sessions, that there is a parcel of land, a piece of land to the west of Church Lane, that is
caught in the government muck, it is caught in the situation where government won't allow it to have
public water, it can't get a final subdivision approval and it is a piece of property that is zoned LIO-
Light Industrial Office. That parcel of land is sitting there vacant, the roads are cut in and the
landowners can't do anything with it. Now, if we are going to go forward and make the change to
residential use and we are going to misplace some light industrial use, owners, landowners and I heard
comments tonight from Ms. Levine about (tape change) he got married, he had children, he put them in
our school, he created a business and he stayed in this Town, so what do we do for him? So, I will
vote to change the zone, but I also say to this Board tonight and I want to hear it from everybody, that
yes we are going to spend whatever it takes to complete the landfill and move the traffic, and deal with
the pollution and deal with the garbage that is blowing around and deal with the safety of not only the
people in that neighborhood but people pulling in and out of that landfill, which Tom didn't read in our
planning report earlier that something like 571 cars come in and out of that landfill on a regular,
everyday basis and that does not include weekends. And we have got people going against four lanes
of traffic, we have got a traffic light down the road, we haven't done anything about it because we
can't seem to get the Board to get it on the agenda and I have also made this motion again, like I said,
at the last work session, that that piece of property to the west of Church Lane should be rezoned to
Light Industrial from Light Industrial Office to Light Industrial because the lot sizes are smaller. You
can get more lots on that parcel than you can as a Light Industrial Office. We need to get out of the
muck of not letting this landowner have water and let him complete his subdivision and give him
Southold Town Board
October 7, 2003
23
water. The water is in front of his property. We were nice enough, when the Town a few years ago,
brought water up to Cox Lane to Matthews Lane and into Church Lane and now we have a parcel that
we can't accommodate Light Industrial people in this Town because we are afraid to make an
amendment to a water map that was a made up map in the first place, that we should by all rights let it
go. So if I get an okay from this Board that we are going to spend money on the improvements at the
landfill and on our own motion, changing the zone of that parcel next door, creating Light Industrial
lots, finding a spot to put a hard-working person like Angelo Stepnoski and put him in a spot where h e
can have Light Industrial, that he can continue on with his hard work and his life and at the same time
we can create Church Lane into the residential hamlet that I feel the community has expressed over the
past two years that they want. And I felt it from all avenues of the community, I felt it everywhere I
went. I had people talk to me about it and I was on the other side of the fence about a year and a half
ago and the people in this Town have brought me over to the other side, as I listened to many of you,
not just here tonight but what I have heard over the year and a half, throughout my life in this Town,
throughout doing my daily business but if we don't do something, if we don't commit to spending
everything that it takes and doing everything that we have to do to solve that Light Industrial property
and other land, than this vote is going to go down and it is a mute vote and we are doing something
wrong, we have to do the whole thing or don't do anything. But I will vote yes on this because I
believe, at least from most of them, that I am going to get that commitment. I say from most, I can't
guarantee it from all but I think from most of us, I can get four votes I am sure to continue on the
process of making the neighborhood a better spot and solving the light industrial issue. I said yes.
COUNCILMAN MOORE: I think that you all know that I support going to residential zoning on this,
I told you some time ago and I will give a prayer with the Reverend that the process holds up.
Everyone seems so cocksure of that. I hope that you are all right.
JUSTICE EVANS: It is my turn to speak. I would have preferred to strengthen the SEQRA and we
can't do it retroactively, I passed a note to the Town Attorney asking if it were possible to correct it, in
my eyes, retroactively. He has said no, you can't take the action subsequent to fixing the SEQRA after
the action. I hope that, what Bill said, I agree with him and I hope that the SEQRA stands up, I am by
no means sure if it will or not, that is why I wanted the opportunity to strengthen it. I agree with many
of the comments that have been made by other Board members, I particularly agree that with the
change of zone, actually, even without a change of zone, we need to do something, commit to making
that neighborhood a more livable place. But I also believe that we need to take care of other members
of our community that need LI and LIO property. I think that the Town has taken one step, we have
asked the Planning Board to inventory what those properties are in Town, I think that we need to go
further. I think that John is right, we need to have those properties available so that people, there are
hard-working in the Town, when they need a spot to have their industry, so they are not running it out
of their homes, not running it out in other residential neighborhoods. We need to have those properties
available to them. That said, I think many people have voiced their opinions on why this zone change
should take place and I vote yes. I would like to add one more thing and I am sorry that I am saying
this is a way, but I am going to say it. A few people referenced the fact that I am from Fishers Island,
well, I would like to say that Fishers Island is just as much a part of the Town of $outhold as the other
nine hamlets. Thank you.
SUPERVISOR HORTON: Yeah. Angelo, I worked for you and I have known you my entire life. I
grew up across the street from you and you and I sat in my office about a year ago and I told you
where I stand and I still stand there today. I don't like hurting a friend but it comes back to where I was
raised. Across the street from you and when this issue first raised its head, it wasn't last August, it was
last June and the Zoning Board of Appeals meeting, I read about it in the newspaper, I went to my
Southold Town Board
October 7, 2003
24
mentor. My mentor is my mother. I went and I spoke to Gail Horton and I told her that I felt in my
heart that there was a clear right and a clear wrong and she said, 'then follow what is in your heart'
From that point on, I voiced my opinion and it was one person's opinion and you know, I too, like the
rest of this Board, I have taken some licks over the course of the last year and a half and even tonight
at this public hearing and that is okay. Because that is what I was elected to do. A number of
solutions, a number of ideas came out of my office, came out of my mind, came out of my home.
Tom, I sat with you at your house, one on one. Maybe the consultants didn't consult everybody but
Josh Horton certainly did. I still believe that there are options looking forward, Doc Samuels voiced it
tonight and every member of this Board has. We need a place for the small business people to go,
small business people are one of the mainstays of our community. There has been made reference to
this map tonight and the red and green to me don't tell the whole story of C-1 zoning, Agricultural
residential zoning. What tells the whole story to me is each of those little lots broken up with a home
on them. I don't care what the zoning was in 1957, when zoning was created. I don't care what it was
in 1989, I care about what I believe it should be today. And those are homes with people living in
them. And we talk about mixed use throughout this community, I do not know of one community that
was completely built out by homes with residents living in them, that was then zoned to accommodate
light industry. There is not one in this Town. Sure, there are many mixed uses but not one community
with homes in it was taken and zoned for light industrial, to encourage mixed use. That is what we are
talking about here. I thank the Board. We have gone head to head. I thank every single one of them,
every member on this Board, I understand, Angelo, that you may never speak to me again and that is
the price of elected office. I also understand that I have got to vote my conscience and I have got to
vote what is in my heart. And I thank each and everyone of you for coming out tonight and voicing
your opinion on both sides of the issue. So we have heard about this, we have talked about landfill
improvements and to answer Ms. Norden's call, there is a substantial amount of money in the capital
budget, in the '04 budget and I did it because the entire Board has voiced their concern and their
support for putting together a transfer station that is cognizant of our neighbors. John Romanelli
brought forward to the Board today a proposal to start that public input process, to actually sit down
and meet with the people who live as our neighbors around the transfer station. To bring their views
into the fold. And thank you for that. That was the right thing and it was a magnificent idea and I am
glad that we are moving with it. So, I feel proud, I feel humble. I have heard reference to five acre
zoning, I have heard reference to a lot of issues. I believe that this issue is the biggest issue in
$outhold Town because it defines the face of how the elected body responds to its culture and its
residents. My vote is proudly yes.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Southold Town Board be and hereby is declared recessed to hear three (3)
public hearings. (1.) HEARING IN THE MATTER OF THE PROPOSED INCREASE IN THE
ESTIMATED MAXIMUM COST OF THE CONSTRUCTION OF A NEW AND EXPANDED
FERRY TERMINAL FOR THE FISHERS ISLAND FERRY DISTRICT. (2.) HEARING IN
THE MATTER OF THE REPAIR AND MAINTENANCE OF EXISTING BULKHEADS
LOCATED WITHIN THE SOUTHOLD PARK DISTRICT. (3.) HEARING ON THE
REQUEST OF HURTADO FOR WAIVER FROM THE PROVISIONS OF THE LOCAL LAW
"TEMPORARY MORATORIUM ON THE PROCESSING~ REVIEW OF AND MAKING
Southold Town Board
October 7, 2003
25
DECISIONS ON THE APPLICATION FOR MAJOR AND MINOR
SUBDIVISIONS, AND
SPECIAL USE PERMITS AND SITE PLANS CONTAINING DWELLING UNIT(S) IN THE
TOWN OF SOUTHOLD", SCTM #1000-79-5-21.3 AND #1000-79-2-7.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Meeting was reconvened at
SUPERVISOR HORTON: We will complete the rest of the agenda. Now, are there any amendments
to these resolutions, I noticed there was some discussion?
#67O
Moved by Councilman Moore, seconded by Councilman Romanelli,
A regular 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, New
York, on the 7th day of October, 2003.
PRESENT:
Joshua Y. Horton, Supervisor
Louisa P. Evans, Justice
Thomas H. Wickham, Councilperson
Craig A. Richter, Councilperson
William D. Moore, Councilperson
John M Romanelli, Councilperson
In the Matter
of the
The proposed increase in the estimated maximum
cost of the construction of a new and expanded
ferry terminal for the Fishers Island Ferry District
-X
RESOLUTION AND
ORDER AFTER PUBLIC
HEAR1NG
WHEREAS, the Board of Commissioners of the Fishers Island Ferry District (the
"Board" and the "District", respectively), in the Town of Southold (the "Town"), Suffolk County, New
York, pursuant to the resolution adopted and subscribed by each of the members of the Board present
at the meeting of the Board held on September 16, 2003, together with the petition in due form, duly
submitted to the Town Board (the "Town Board") of the Town, has requested that the Town Board call
a public hearing to hear all persons interested in the subject thereof, being the proposed increase in the
estimated maximum cost of the construction of a new and expanded ferry terminal on the land
heretofore acquired and now owned by the District, being the site of the existing ferry terminal in the
Southold Town Board
October 7, 2003
26
City of New London, Connecticut, including bulkheading, placement of fill, construction of a new
ticketing and administration building, installation of utilities, concrete vaults for two underground
storage tanks for fuel and waste oil, a perimeter drainage system, parking areas for vehicles, a wider
easement for ingress and egress and the necessary facilities and appurtenances thereto, the resulting
terminal area, including said building to be approximately double the size of the existing terminal all as
more fully described in the "Preliminary Engineering Report", dated May 31, 2001, prepared by
Docko, Inc., licensed engineers, and the addendum thereto dated September 19, 2003 prepared by the
District, showing the revised costs, on file in the office of the District and the office of the Town Clerk
of the Town, as well as original furnishings, equipment, machinery and apparatus required for the
purposes for which such building and terminal are to be used (herein called the "Project"); and
WHEREAS, the estimated maximum cost of the Project was originally determined by
the Board of Commissioners to be $8,000,000, including the amount of $1,250,000 from the
Transportation Equity Act for the 21st Century of the United States of America (the "TEA-21
Program"), $3,000,000 expected to be received from the United States Department of Transportation,
$3,000,000 expected to be received from the Federal Highway Administration (the "FHWA") and the
aggregate amount of $2,000,000 expected to be received from the State of New York; and
WHEREAS, as a result of increased costs of labor and materials and other related costs,
the Board of Commissioners has determined that the estimated maximum cost of the Project is now
$10,500,000, and it is in the best interests of the District to increase the total amount authorized to be
expended for the Project by $2,500,000, from the original estimated maximum cost of $8,000,000 to
the revised estimated maximum cost of $10,500,000; and
WHEREAS, the proposed increase in the estimated maximum cost of the Project is to
be funded from additional grant proceeds received or to be received from the FHWA and the United
States Department of Homeland Security; and
WHEREAS, the principal amount of Town obligations originally authorized to be
issued to finance a part of the Project is limited to an amount not to exceed $4,800,000 at any one time,
and such amount is not to be changed as a result of the proposed increase in the estimated maximum
cost of the Project; and
WHEREAS, the Town Board has proceeded with all procedures requisite to ensuring
that the Project will have no significant adverse impact upon the environment and permits for
construction of the Project have been applied for and obtained from all known necessary agencies,
including the Connecticut Department of Environmental Protection, the U.S. Army Corps. of
Engineers and said City of New London and copies of such permits are available for inspection in the
office of the Secretary of said Board of Commissioners, and in the office of the Town Clerk of
Southold; and
WHEREAS, the Town Board in the role of Lead Agency, has undertaken the requisite
proceedings pursuant to the New York State Environmental Quality Review Act ("SEQRA") and has
determined that the Project is an Unlisted Action thereunder having no significant adverse impact upon
the environment and, further, has determined to issue a Negative Declaration and filed same with the
Town Clerk; and
WHEREAS, pursuant to the Order Calling Public Hearing adopted September 23, 2003,
a public hearing to consider the proposed increase in the estimated maximum cost of the Project was
duly held by the Town Board on this 7th day of October, 2003 and considerable discussion on the
matter has been had and all persons desiring to be heard have been heard concerning the subject matter
thereof, including those in favor of and those in opposition to the Project and the financing thereof;
Southold Town Board
October 7, 2003
27
hereby
of the Project,
NOW, THEREFORE, in consideration of the information given at such hearing, it is
DETERMINED, that it is in the public interest to increase the estimated maximum cost
as hereinabove described and referred to, from $8,000,000 to $10,500,000, with such
increased cost to be paid from additional grant proceeds received or to be received from the FHWA
and the United States Department of Homeland Security; and it is hereby
ORDERED, that the estimated maximum cost of the Project shall be so increased from
$8,000,000 to $10,500,000 and the facilities of the District shall be so increased and improved at the
estimated maximum cost of $10,500,000 and financed by the issuance of not to exceed $4,800,000
obligations of the Town and the expenditure of grant proceeds as described herein and, further, that the
Engineer heretofore retained by the Board of Commissioners shall prepare revised specifications and
make careful estimates of the expense of said increase and improvement of the facilities and with the
assistance of the Attorney for the District, prepare a proposed contract or contracts therefor, which
specifications, estimate and proposed contract(s) shall be presented to said Board of Commissioners as
soon as possible; and it is hereby
FURTHER ORDERED, that the increased expense of so increasing and improving such
facilities shall be financed as hereinabove set forth, and the costs thereof, including payment of the
principal of and interest on the obligations authorized to be issued,
shall be assessed, levied and collected by the Town Board from the several lots and parcels of land
within the District in the same manner and at the same time as other Town charges, but if not paid
from such source, all the taxable property within said Town shall be subject to the levy of ad valorem
taxes, without limitation as to rate or amount, sufficient to pay the principal of and interest on said
obligations; and it is hereby
FURTHER ORDERED, that the Town Clerk record a certified copy of this Resolution and Order After
Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after adoption hereof.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#671
Moved by Councilman Moore, seconded by Councilman Richter,
WHEREAS an application has been made by John L. Hurtado, Sr., for a waiver from the provisions of
Local Law #3 of 2002 (and extended by Local Law #3 of 2003 and Local Law 13 of 2003) entitled
"Temporary Moratorium on the Processing, Review of, and making Decisions on applications for
Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing
Dwelling Unit(s) in the Town of Southold" pursuant to Section 6 "Appeal Procedures" of Local Law
#3-2002, Local Law #3-2003 and Local Law 13-2003 to permit the Planning Board to consider an
application for a subdivision for the parcels of property known as Forestbrook SCTM# 1000-79-2-7,
and Overlook SCTM# 1000-79-5-20.15; and
WHEREAS the application involves the subdivision of a 37.71 acre parcel into 6 lots (Forestbrook);
and
WHEREAS the application also involves the sale of fee title of 1000-79-5-20.15 (Overlook) to the
Town of Southold resulting in the preservation of 16.04 acres for open space purposes; and
WHEREAS the applicant proposes to relocate two previously proposed single family residential lots
from the Overlook parcel to the Forestbrook parcel, resulting in six (6) lots on Forestbrook and zero (0)
Southold Town Board
October 7, 2003
28
lots on Overlook, and achieving a 68.2 percent preservation of the Forestbrook parcel and 100 percent
preservation of the Overlook parcel; and
WHEREAS the Town Board has reviewed the file, conducted a public hearing, and considered all
pertinent documents; and
WHEREAS the criteria that the applicant must meet is set forth in section 6. (Appeal Procedure) of
Local Law #3-2002, Local Law #3-2003 and Local Law #13-2003 and the section states:
Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary
or waive the application of any provision of this Local Law, in its legislative discretion, upon
its determination, that such variance or waiver is required to alleviate an extraordinary hardship
affecting a parcel of property. To grant such request, the Town Board must find that a variance
or waiver will not adversely affect the purpose of this local law, the health, safety or welfare of
the Town of Southold or any comprehensive planning being undertaken in the Town. The
Town Board shall take into account the existing land use in the immediate vicinity of the
property and the impact of the variance or waiver on the water supply, agricultural lands, open
and recreational space, rural character, natural resources, and transportation infrastructure of
the Town. The application must comply with all other applicable provisions of the Southold
Town Code.
WHEREAS the Town has hired a "moratorium group" consisting of in-house and outside planners
and attorneys who are working on a "Comprehensive Implementation Strategy" of the Comprehensive
Plan of the Town of Southold and certain comprehensive planning currently being undertaken
includes, but is not limited to a 80% preservation of open space throughout the Town and a 60%
reduction in density and clear establishment of the Hamlet Centers and a possible Transfer of
Development Rights component (a full description of the "action" is set forth in the SEQRA
Resolution dated January 7, 2003 for the Southold Comprehensive Implementation Strategy which is
incorporated by reference into this decision); and
WHEREAS the Town Board finds that the application is not in contrast with the extensive planning
initiatives being undertaken by the "moratorium group", or the Comprehensive Plan of the Town of
Southold; and
WHEREAS the Town Board finds that this application will not adversely affect the purpose of the
Local Law # 3 of 2002, Local Law #3 of 2003 and Local Law #13 of 2003; and
WHEREAS the Town Board of the Town of Southold finds that the application will not adversely
affect the health, safety, or welfare of the Town of Southold; and
WHEREAS the Town Board of the Town of Southold finds that the major subdivision application is
consistent with the existing land use in the surrounding area and has a minimal impact on water supply,
rural character, natural resources and transportation infrastructure of the Town; and
WHEREAS the Town Board of the Town of Southold finds that this unique application involving two
different parcels of land meets the intent of the law in preserving a combined area on both involved
parcels (Forestbrook and Overlook) of 77.7% of the open space; and
WHEREAS based on the application, all relevant documentation, the comments set forth at the public
hearing on this matter, the comprehensive planning currently being undertaken by the Town, the above
referenced facts, and the criteria set forth in Local Law No. 3 of 2002 and extended by Local Law No.
3 of 2003 and Local Law#13 of 2003 Section 6. Appeals Procedures, the applicant has met its burden
pursuant to the criteria; now, therefore be it
RESOLVED by the Town Board of the Town of Southold that the application for waiver of John
Hurtado is hereby approved, and the applicant is granted permission to continue with the major
subdivision application before the Planning Board and proceed through the normal subdivision review
Southold Town Board
October 7,2003
29
process pursuant to the Town Code and Planning Board policies and procedures, subject to the
condition that the terms and conditions set forth in the application to the Town Board, specifically that
the applicant enter into a contract of sale with the Town of Southold to preserve 100% of the Overlook
parcel also known as SCTM#1 000-79-5-20.15 & 68.2 % ofthe Forestbrook parcel SCTM#1000-79-2-
7 and all of the terms set forth in the application.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#672
Moved by Councilman Moofl~, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold herebv erants permission for a budeet
request to the Southold Park District for maintenance repair of bulkhead at a estimated maximum
cost of $45,000.00 to be financed by the issuance of obligations of the Town in an amount not to
exceed $45,000.00, and be it
FURTHER RESOLVED that the Southold Park District is entitled and be authorized to hold a
public election for Qualified voters of the park district on October 8. 2003, for their approval or
disapproval by majority vote for the work and financing referenced herein. Polls will be open at the
Founders Landing Wharf HOllse for qualified voters on Terry Lane and Hobart Road, Southold,
between the hours of 6:00 PM and 9:00'PM on October 8, 2003.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
SUPERVISOR HORTON: I want to thank you all for coming to this meeting and we will see you in
two weeks. Thank you for participating. The meeting is adjourned.
* * * * * *
~~~5t,nla,~
Eliza eth A. Neville
Southold Town Clerk