HomeMy WebLinkAboutTB-02/04/2003SOUTHOLD TOWN BOARD
GENERAL MEETING
February 4, 2003
4:30 P.M.
A Regular Meeting of the Southold Town Board was held February 4, 2003, at the Southold Town
Hall, Southold, New York. Supervisor Joshua Horton opened the meeting at 4:30 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 A. Yakaboski
SUPERVISOR HORTON: Good afternoon and welcome to the February 4, 4:30 P.M. public meeting
of the Southold Town Board. Please rise and join with me in the Pledge to the Flag. Please remain
standing for a moment to observe a moment of silence for the crew lost in the Columbia. Thank-you.
Available at the Town Clerk's Office are copies of reports from various town departments and
agencies, public notices and communications. The Town Clerk's Office is open between the hours of
8:00 A.M. and 4:00 P.M., Monday through Friday. If you wish to review any of those, please feel free
to stop by the Town Clerk's office and we will make them available to you. As well, as we normally
carry out our Town Board meeting, you will notice two microphones at the front of the room. We ask
that if you care to address the Town Board you will raise your hand and ! will call on you at some
point and you utilize one of the two microphones at the front of the room and prior to your remarks, we
ask that you submit your name and place of residence for the record. The two times at the Town Board
meetings where we make the microphones available to the public, the first is prior to the reading of the
resolutions, if you wish to address the Town Board on any of the printed resolutions that we will be
February 4, 2003
Southold Town Board meeting
2
voting on this evening, I will make the floor available to you prior to those resolutions. If you wish to
address the Town Board on any town related business, I will make the floor available after we run
through the resolutions and vote on them. With that being said, let's move forward with the meeting.
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills
in the amount of 98,415.13; General Fund Part Town bills in the amount of $16,255.47; Community
Development Fund bills in the amount of $28,160.00; Highway Fund Whole Town bills in the amount
of $4,030.57; Landfill Cap and Closure bills in the amount of $734,719.17; New London Terminal
Project bills in the amount of $7,189.00; Compost Land Acquisition bills in the amount of
$463,726.56; E-W Fire Protection District bills in the amount of $12,495.60; Fishers Island Ferry
District bills in the amount of $28,769.46; Refuse and Garbage District bills in the amount of
$7,842.04; Southold Agency and Trust bills in the amount of $12,350.80 and Fishers Island Ferry
District Agency and Trust bills in the amount of $148.80.
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 minutes of the January 2, 2003 Organizational Meeting be and hereby are
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 Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the minutes of the January 7, 2003 Town Board meeting be and hereby are
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 Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the next Regular Meeting of the Southold Town Board be held at 7:30 P.M.,
February 25, 2003 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. Island Group Administration Claim Lag Report through December 2002.
2. Leave Time Summary Report - December 2002.
II. COMMUNICATIONS
None
February 4, 2003
Southold Town Board meeting
3
SUPERVISOR HORTON: You will notice that the next meeting is set for February 25, the week prior
to the 25th, and that is three weeks away-normally we are on a schedule of Town Board meetings every
two weeks, the reason that is put forth 21 days from now as opposed to 14 is that most of the members
of the Town Board will be attending a seminar and conference and training opportunity that is offered
by the Association of Towns of the State of New York, so that week most of us will be occupied with
that seminar. At this point I will offer the floor to any members of the public that would care to
address the Town Board on any of the printed resolutions.
DICK MARSCHEAN: Dick Marschean, Southold. I am assuming that the resolutions 102, 104 and
105 will not be voted on until after the public hearing.
SUPERVISOR HORTON: That is correct.
MR. MARSCHEAN: Okay.
SUPERVISOR HORTON: And actually, thank you Mr. Marschean for pointing that out, you will
notice that we do have two public hearings on the docket for this evening. One commencing at 5:00
PM and the next scheduled to commence at 5:05 PM. Would anyone else care to address the Town
Board on the printed resolutions?
JOAN EGAN: Good Evening, everyone. I would like to know what this means in regard to changes
in the proposed amendment to the Ethics Code. What are we talking about?
SUPERVISOR HORTON: That was on for discussion. I would be happy to address that with you after
the resolutions. We will not be voting on that this evening.
MRS. EGAN: You can't tell me what it is about?
SUPERVISOR HORTON: I am happy to tell you what it is about, however, following protocol of the
meeting, this is the time for the public to address the Board on the printed resolutions.
MRS. EGAN: Okay, so then we shall move along, shall we? When you talk about how many of you
are going to this meeting, can I ask that? In the city?
SUPERVISOR HORTON: Yes, you may.
MRS. EGAN: How many?
SUPERVISOR HORTON: I will be attending, Justice Evans is required to attend various courses,
Councilman Wickham will attend at least one or two of the days, so most of the Town Board excluding
Deputy Supervisor Romanelli.
MRS. EGAN: Well, good. Because my cousin lives right near there so I may visit you to see that you
are behaving yourselves.
SUPERVISOR HORTON: We actually have ....
February 4, 2003 4
Southold Town Board meeting
MRS. EGAN: To check the register and ask the maid whether you are bringing people into your
rooms.
SUPERVISOR HORTON: Perhaps ! can get you into the Organizational Meeting of the Association
of Towns.
MRS. EGAN: ! think ! should be deputized for many different things. Now, these leaves of absences.
Under the medical act. Leave commencing March 8, when does this person leave? That would be
#62.
SUPERVISOR HORTON: That would be March 8.
MRS. EGAN: Well, ! see March 8. How long will she be out? And will she be paid a full salary?
SUPERVISOR HORTON: She will be, as guidelines put forth in our contract.
MRS. EGAN: You didn't answer the question.
SUPERVISOR HORTON: ! did as best as ! could.
MRS. EGAN: That is not good enough for me.
a 12-week Family Medical Leave of Absence.
people? Or are we understaffed again?
And then we have another one right under it, approve
Is this the same person? And who will replace these
COUNCILMAN ROMANELLI: It is a different person and it is for medical reasons.
MRS. EGAN: And we will somebody be coming in to replace them, do you replace them or do we do
without?
SUPERVISOR HORTON: The position will be covered.
MRS. EGAN: We do without. Well, you have a lot of people here who don't do anything, maybe they
can help out. Now, we have the same thing for part-time mini-bus driver from January 29 through
May 2. Seems like everybody is going to be out of town. Maybe ! should be deputized to take over
Town Hall. Now, create a position of Senior Site Plan Reviewer and establish the salary scale. What
is that about?
SUPERVISOR HORTON: It is a re-position of people in the Planning Department.
MRS. EGAN: And where are they located. Are they here in this building?
SUPERVISOR HORTON: Yes.
MRS. EGAN: And what do you mean by ....
SUPEVISOR HORTON: We are creating a new position in the Planning Department.
February 4, 2003 5
Southold Town Board meeting
MRS. EGAN: We are not doing musical chairs?
SUPERVISOR HORTON: No, not at this point.
MRS. EGAN: Okay. Now, ! would imagine there is somebody else that you are approving going into
the meeting in the city, will they be staying at the Hilton with you also?
COUNCILMAN ROMANELLI: Yes.
MRS. EGAN: It will be quite a party. Will you be there for Valentine's Day?
SUPERVISOR HORTON: No.
MRS. EGAN: What a shame. Okay, #74. What does that mean?
SUPERVISOR HORTON: He is moving from one position to another and it is a promotion.
MRS. EGAN: More money?
SUPERVISOR HORTON: Yes.
MRS. EGAN: More responsibility?
SUPERVISOR HORTON: Yes.
MRS. EGAN: Does he work full-time?
SUPERVISOR HORTON: Yes.
MRS. EGAN: Good. Does he get paid overtime?
SUPERVISOR HORTON: If he works it.
MRS. EGAN: And what are his hours? Number of hours a week?
SUPERVISOR HORTON: 35 hours per week.
MRS. EGAN: ! see. That is all for now. You didn't help me very much.
SUPERVISOR HORTON: Thank you very much.
Board?
FRANK CARL1N: Good Evening, Frank Carlin.
Sometimes I am funny but I am not funny today.
Would anyone else care to address the Town
Not related to George Carlin, the comedian.
Resolution #93. ! understand that Riverhead is
including this on their agenda, I believe today, too. Riverhead Town Board, they are having a meeting
today and what ! can gather it looks like they are probably going to pass it. What ! don't understand is
February 4, 2003
Southold Town Board meeting
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why you have got to have a public hearing on something like this for, to give these worthy volunteer
firemen a $13 reduction in their property taxes. What do you need a public hearing on that for? That
shouldn't even be considered at the public hearing. Can't you just vote on it? Why do you have to
have a public hearing?
SUPERVISOR HORTON: ! know it seems like a lot of work for the savings that you are talking about
but that is a local law and we are required by law to hold a public hearing to give the public the
opportunity to speak to it.
MR. CARL1N: ! might not make the next hearing when you are having the public hearing, so ! will
say what ! want to say now. Is that alright?
SUPERVISOR HORTON: By all means.
MR. CARL1N: These volunteer firemen, on call 24 hours a day, through all kinds of weather and they
prove that the past three weeks with below freezing temperatures with several serious accidents that we
had here in this town. And ! am all for giving them this exemption. It is too bad that it can't be more.
But it is not the Town Board's fault because ! looked into this, it is up to the State that sets the rate for
this. It is up to the State to determine how much are they going to get. So you can't do anymore than
what you are doing now. So let's see how good our elected officials are in Albany in getting this thing
approved and giving them a little more money than what $13.00. Some of the cars, you can't even fill
up the gas tank for that. So, ! support that 100%. So that is one on that. #100. Why do we have to
appraise the Whitaker House? We bought the house 3 years ago at $170,000 and after we bought it we
found out we needed $500,000 worth of repairs on it. Now why do we got to go and hire somebody
and do an appraisal on it. Is this appraising the property or the whole building?
SUPERVISOR HORTON: Mr. Carlin, this is to appraise the property and the house. To find out what
the market value is, should the Town Board decide to sell it. We are required to have that appraisal.
MR. CARL1N: You bought it three years ago and don't you know what it is worth right now? What
do you have to hire somebody? Why can't your tax assessors do the appraisal? Why do you got to go
spending more money on this thing now for? You spent already $170,000 and it has been sitting there
for three years. Don't make no sense. It is the taxpayers money that you got sitting there for three
years.
SUPERVISOR HORTON: ! understand. The law requires us to obtain an appraisal.
MR. CARL1N: Everything is law here, everything is law here. ! wonder sometimes how much of this
law is made up from the State or from you people.
COUNCILMAN ROMANELLI: This is another one of those State ones. Frank, the laws frustrate me,
too. ! wish we could break them but in this position we are not allowed to.
MR. CARL1N: It really bothers me to see a piece of property like that for three years, there, of the
taxpayers money for $170,000 now you don't know what to do with it. Now you are going to get it
appraised again. Where was it appraised before you bought it even? Didn't you detect the
February 4, 2003 7
Southold Town Board meeting
deterioration in it before hand? Where was your building inspector? They inspect everybody elses
houses.
SUPERVISOR HORTON: Thank you Mr. Carlin. Would anyone else care to address the Town
Board on the printed resolutions?
MRS. EGAN: Before ! do that ! would like to read this letter that was published that will make you all
very happy.
SUPERVISOR HORTON: Mrs. Egan, does it pertain to the printed resolutions?
MRS. EGAN: This is important.
SUPERVISOR HORTON: Does it pertain to the printed resolutions?
MRS. EGAN: Oh, you are putting me in my place. Alright. What is this about the telephone system
at the Human Resource Center?
COUNCILMAN ROMANELLI: We are upgrading it because the one that is there is not sufficient.
MRS. EGAN: What do you mean? Who needs the phones? Are we going to give free phones to
everybody that comes through there?
COUNCILMAN ROMANELLI: This is the office phone system in the Human Resource Center. The
operating phones, when you put someone on hold, voice mail, transferring calls, more phone jacks,
more accessibility to the phone.
MRS. EGAN: Oh, for whom?
COUNCILMAN ROMANELLI: For the public.
MRS. EGAN: What do you mean for the public? ! don't understand. ! just asked that question. Is
everybody going to be able to use them? ! used to volunteer when it was down here in St. Agnes'
hall...
SUPERVISOR HORTON: Mrs. Egan, it is for the Human Resource employees in the operation of the
Human Resource Center.
MRS. EGAN: And they need all of these fancy things? They can't survive on what they have?
SUPERVISOR HORTON: They just need a modest phone system that does work consistently.
MRS. EGAN: And this is strictly for business, not for pleasure?
SUPERVISOR HORTON: Absolutely.
February 4, 2003
Southold Town Board meeting
MRS. EGAN: Now this is Karen McLaughlin' s little baby?
SUPERVISOR HORTON: Yes.
MRS. EGAN: Mrs. McLaughlin should stay home and take care of her own children, ! have to do that
for her.
SUPERVISOR HORTON: Would anyone else care to address the Town Board? For the record, Mrs.
McLaughlin is a model employee of the Town and servant to the public.
PETER HARRIS, SUPERINTENDENT OF HIGHWAYS, SOUTHOLD TOWN: Members of the
Board, to answer the question that Mrs. Egan had about resolution #74, the correct title is Labor Crew
Leader. He has been promoted taking the position of Paul Grattan, who retired in December and his
duties are, he is a working crew leader with approximately eight people under his supervision. And he
is on call 24 hours per day, 40 hour work week.
SUPERVISOR HORTON: Would anyone else care to address the Town Board on the printed
resolutions? (No response). We will move forward with the resolutions.
#62
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby approves a leave of absence for a
Public Safety Dispatcher 1, commencing with her last day of actual work on March 8, 2003,
and BE IT FURTHER
RESOLVED that the effective date of said employee's leave under the Family Medical Act
(FMLA) is March 8~ 2003, and the Town will continue her group health insurance benefit for 12
weeks from that date.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#63
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes a 12-week Family
Medical leave of absence~ to be taken as needed~ to a Town employee. Specific dates are to be
provided to Department Supervisor.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#64
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby approves a leave of absence for a
Part-Time Mini Bus Driver, commencing with her last day of actual work on Wednesday, January
29, 2003, through May 2, 2003, returning to work on Monday, May 5, 2003.
February 4, 2003
Southold Town Board meeting
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Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#65
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes a partial refund of
$425.00 to John Joy as he has withdrawn his application #5167 as of October 7, 2002 from the Zoning
Board of Appeals.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#66
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes a full refund of
$40.00 to MaryAnn Price as this was the deposit that was paid for metal stands and were returned to
the Zoning Board of Appeals on December 30, 2002.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#67
Moved by Councilman Richter, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes a partial refund of
$75.00 to C. Hatton as the application #5228 was withdrawn on November 19, 2002, from the Zoning
Board of Appeals.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#68
Moved by Councilman Moore, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby creates the position of Senior
Site Plan Reviewer and establishes the following salary scale:
1/1/02
Entry 39,338.27
1 41,838.27
2 42,838.27
3 44,188.27
4 45,188.27
5 47,688.27
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
February 4, 2003
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#69
Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold authorizes Recreation Supervisor Ken
Reeves to attend the 63rd Annual New York State Recreation & Park Society conference to be
held from March 30 - April 2, 2003 at the Wyndham Wind Watch Hotel in Hauppauge, and that the
expenses for meals, lodging, registration, and seminars be a legal charge to the 2002 budget, line
A7020.4.600.200 (Recreation Administration, Meetings & Seminars).
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
AMENDED 4/8/03 #225
#7O
Moved by Justice Evans, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Susele L. King as a
part-time Senior Citizen Aide II on Fishers Island not to exceed ten (t0) hours per week, at a salary
of St 1.37 per hour, effective February 5, 2003.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#71
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor
Joshua Y. Horton to sign the Agreement entitled, "Agreement Between the State of Connecticut,
the Town of Southold, NY and the Fishers Island Ferry District for the Construction, Inspection
and Maintenance requested in coniunction with the New London Ferry Terminal Expansion for
the Fishers Island Ferry District utilizing Federal Funds from the Ferry Boat Discretionary
Program", State Project No. 094-0212.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#72
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 Advanced
Equipment Inc. in the amount of $29,795.00 for the purchase of one Combination Spreader/Dump
Truck for the use of the Southold Town Highway Department.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#73
Moved by Councilman Moore, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk
Elizabeth A. Neville to advertise for bids for the purchase of one (1) new Asphalt Paver and Ten-Ton
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Southold Town Board meeting
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Equipment Trailer for use by the Southold Town Highway Department, all in accordance with
specifications provided by the Highway Department.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#74
Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold promotes Curtis Davids, a Highway
Department employee, from that of full-time Heavy Equipment Operator to full-time Labor Crew
Leader, effective January 30, 2003, at a rate of $21.9598 per hour.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#75
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Secretarial Assistant
Linda Randolph to attend the NYBEAS (New York Benefit Eligibility and Accounting System)
training class for Participating Agencies given by the NYS Dept. of Civil Service on Wednesday,
February 26, 2003, at the State Campus Building #1 in Albany. All travel expenses, one night
accommodation, meals, etc. shall be a legal charge to the Accounting & Finance Department's 2003
budget A. 1310.4.600.200.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#76
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute an agreement between the Town of Southold and the
Suffolk County Board of Elections for use of the Southold Town Recreation Center as a Polling
Place for 2003 and 2004~ provided they file with the Town Clerk a Certificate of Insurance in the
amount of $1,000,000.00, all in accordance with the approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#77
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of full-
time Minibus Driver Patricia McCarthy, effective February 19, 2003.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
February 4, 2003
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#78
Moved by Councilman Moore, seconded by Councilman Romanelli, it was
RESOLVED, that the Town Board of the Town of Southold hereby sets 8:00 p.m., February 25,
2003 at Southold Town Hall, 53095 Main Road, Southold, New York, for a public hearing on the
application requesting a waiver from the provisions of the Local Law entitled "Temporary
Moratorium on the Processing, Review of, and making Decisions on the applications for Maior
and Minor Subdivisions, and Special Use Permits and Site Plans containing dwelling unit(s) in
the Town of Southold" for the minor subdivision of Edgar and Arlene Marvin, located on the
south side of Jackson Street, 431.57' west of Fifth Street, New Suffolk, and identified by SCTM #
1000-117-10-09.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#79
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED, that the Town Board of the Town of Southold hereby sets 8:05 p.m., February 25,
2003 at Southold Town Hall, 53095 Main Road, Southold, New York, for a public hearing on the
application requesting a waiver from the provisions of the Local Law entitled "Temporary
Moratorium on the Processing, Review of, and making Decisions on the applications for Maior
and Minor Subdivisions, and Special Use Permits and Site Plans containing dwelling unit(s) in
the Town of Southold" for the maior subdivision of Zoumas at Bayview for the parcel identified
as SCTM# 1000-79-4-17.14 and 17.17. (The proiect known as "Harbor Lights Section 5" contains
frontage along North Bayview Road and Anchor Lane in Southold).
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: Before we move too much further, we do have two public hearings
scheduled to commence at 5:00 PM. It is okay for us to start those late but not early, ! would like to,
with the Board's agreement, continue on with the resolutions before going into the public hearings.
#80
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed Local Law
entitled, "A Local Law In Relation to an One Hundred and Eighty 080) Day Extension of the
Temporary Moratorium on the Processing, Review of, and making Decisions on applications for
Maior Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans
containing Dwelling Unit(s) in the Town of Southold" is classified as a Type II Action pursuant to
SEQRA Rules and Regulations, 6 NYCRR Section 617.5.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#81
Moved by Councilman Wickham, seconded by Justice Evans, it was
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13
RESOLVED that the Town Board of the Town of Southold hereby authorizes Jamie Richter and
Jim McMahon to attend a conference on "Barrier Beach Erosion Mitigation" at the Suffolk
Community College, Selden, New York on February 27~ 2003.
SUPERVISOR HORTON: ! do know that Councilman Richter has also expressed interest in attending
this, he is not required by resolution but thanks, Craig, for going to that. ! think that is going to be very
valuable for us all.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#82
Moved by Councilman Richter, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints Howard Dickerson to
the Agricultural Advisory Committee~ term to expire December 31, 2004.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#83
Moved by Councilman Moore, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Randal J. Morreale to
the Employee's Health Benefit Plan Board of Trustees, no term expiration.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#84
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints Margaret Murphy to
the Landmark Preservation Commission, term to expire December 31, 2004.
SUPERVISOR HORTON: While it seems small, ! will recuse myself from this vote as she is my aunt.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans. Abstain: Supervisor Horton.
This resolution was duly ADOPTED.
#85
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints the following
members to the Transportation Commission, terms to expire December 31, 2004:
Michelle Zaloom
Frank Field
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
February 4, 2003
Southold Town Board meeting
14
#86
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints Sally Beth Steiner to
the Southold Town Tree Committee, term to expire December 31, 2004.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#87
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold promotes David Blados~ a Solid Waste
Department employee, to the position of full-time Sanitation Site Crew Leader, effective February
4, 2003, at a rate of $22.6809 per hour.
SUPERVISOR HORTON: Myself, as with David and Curtis from the Highway Department, these are
well-earned promotions.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#88
Moved by Councilman Moore, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Southold Town Attorney's Office to prepare a Memorandum of Understanding between the
Town of Southold~ the New York State Department of Transportation and the Cutchogue/New
Suffolk Chamber of Commerce for the Cutchogue Downtown Improvement Project.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
COUNCILMAN MOORE: Craig, did we want to not include authorize the Supervisor to sign that
memorandum or is that not necessary? At this point? I don't know what the time frame is.
TOWN ATTORNEY YAKABOSKI: Maybe just to be on the safe side.
COUNCILMAN MOORE: So we amend that resolution to include authorize the Supervisor to sign it.
SUPERVISOR HORTON: All in favor of that amendment.
#89
Moved by Councilman Romanelli, seconded by Justice Evans,
WHEREAS, on July 2~ 2002 the Town Board of the Town of Southold held a public hearing and
elected to purchase 69.4 acres of the subiect property in a 50%/50% partnership with the County of
Suffolk as tenants in common; and
WHEREAS, the partnership in the proiect has changed in that the County of Suffolk is now
purchasin~ approximately 59.4 acres and the Town of Southold is purchasing approximately 10
acres; and
WHEREAS, both the County's purchase and the Town's purchase are for open space preservation
purposes. Proposed uses of the property shall be in conjunction with the existing preserved land in the
vicinity, which may include the establishment of a nature preserve, passive recreational area with trails
and parking for access purposes; be it therefore:
February 4, 2003
Southold Town Board meeting
15
RESOLVED that pursuant to the provisions of Chapter 59 and Chapter 6 (2% Community
Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~
February 25~ 2003 at 8:10 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the
time and place for a public hearing for the purchase of approximately 10 acres of the property of
Michael Adamowicz and Others. Said property is identified as SCTM #1000-121-5-4.1. The
property is located on the south side of Sound Avenue in Mattituck. The proposed Town acquisition is
for 10 acres of the approximately 71.4 acre property. The proposed County acquisition is for
approximately 59.4 acres of the approximately 71.4 acre property.
The purchase price is $27,000 (twenty-seven thousand dollars) per acre for the 10 acre acquisition. The
exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee and
the County of Suffolk. Other than the land acquisition cost, all additional costs associated with the
acquisition are to be shared between the Town of Southold and the County of Suffolk and will be
based on the percentage of land acquired by the Town (currently standing at approximately 14%).
The property is listed on the Town's Community Preservation Project Plan as property that should be
preserved. The property is significant for open space and recreational (trail) purposes and is located
within the Special Groundwater Protection Area.
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.
#9O
Moved by Justice Evans, seconded by Councilman Romanelli, it was
WHEREAS, the Town Board of the Town of Southold wishes to purchase the property owned by
Michael Adamowicz and Others. Said property is identified as SCTM #1000-121-5-4.1. The
property is located on the south side of Sound Avenue in Mattituck. The proposed acquisition is for
approximately 10 acres (subject to survey) of the approximately 71.4 acre property. (The County will
be purchasing approximately 59.4 acres of the 71.4 acre property for open space purposes.) The
purchase price is $27,000 (twenty-seven thousand dollars) per acre for the 10 acre acquisition. The
exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee and
the County of Suffolk. Other than the land acquisition cost, all additional costs associated with the
acquisition are to be shared between the Town of Southold and the County of Suffolk and will be
based on the percentage of land acquired by the Town (currently standing at approximately 14%). The
purchase is pursuant to the provisions of Chapter 59 and Chapter 6 (2% Community Preservation
Fund) of the Town Code; be it therefore
RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted
Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further
RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only
involved agency pursuant to SEQRA Rules and Regulations; be it further
RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form
prepared for this project is accepted and attached hereto; be it further
RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the
environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this
action.
February 4, 2003
Southold Town Board meeting
16
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#91
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby sets a public hearing on the
adoption of a Cable Franchise Agreement with Cablevisiom such public hearing to be held at the
Southold Town Hall, 53095 Main Road, Southold, New York, on Tuesda¥~ February 25~ 2003 at
8:20 P.M.
COUNCILMAN MOORE: Just one quick comment. Frank, I am surprised that you didn't catch this
one but I know that it is a 4:30PM meeting, this is a technical correction on the public hearing notice,
we have already executed the agreement and unfortunately tonight I didn't bring my memo of points of
what was in that contract for you but I will get it for you the next time. But this is just a public hearing
to make the PSD in Albany happy with how we did this.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#92
Moved by Councilman Richter, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Gianco
Environmental Services~ Inc. for conducting Household Hazardous Waste Collection Days for
calendar year 2003, all in accordance with bid specifications and the approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#93
Moved by Councilman Moore, seconded by Councilman Romanelli, it was
WHEREAS, there has been presented to the Town Board of the Town of Southold on the 4th day of
February, 2003, a Local Law entitled, "A Local Law Implementing Volunteer Firefighter and
Ambulance Worker Real Property Tax Exemption", now, therefore, be it
RESOLVED, that the Town Board of the Town of Southold hereby sets 8:15 p.m., February 25,
2003, 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:
LOCAL LAW NO. - 2003
A Local Law in Relation to Implementing Volunteer Firefighter and Ambulance Worker Real Property
Tax Exemption
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD as follows:
1_ Legislative Intent.
This Town Board hereby finds and determines that volunteer firefighters and ambulance
workers are among the first service units to respond in the event of an emergency. In serving their
communities, these firefighters and ambulance workers selflessly sacrifice their time, money and even
their lives.
This Town Board also finds and determines that increased efforts should be made to recruit and
retain these volunteers.
February 4, 2003
Southold Town Board meeting
17
This Town Board further finds and determines that section 466-c of the New York Real
Property Tax Law, authorizes localities such as the Town of Southold to provide a partial real property
tax exemption for eligible volunteer firefighters and ambulance workers to support the recruitment and
retention of these volunteers.
2. Amendment.
Chapter 85 of the Code of the Town of Southold, Article V~ § 85-10 is hereby amended hy the
addition of a new Article V to read as follows:
Article V
§ 85-10. Exemption granted~ volunteer firefi~hter and volunteer ambulance
workers.
A~. Qualifying residential real property, under § 466-c of the New York State Real Property Tax
Law owned hy an enrolled member of an incorporated volunteer fire company, fire department or
incorporated voluntary ambulance service or such enrolled member and spouse residing in Suffolk
County, shall be exempt from taxation to the extent of 10% of the assessed value of such property for
city, village, town, part town, special district, county or school district purposes, exclusive of special
assessments, however, that such exemption shall in no event exceed three thousand dollars multiplied
hy the latest state equalization rate for the assessing unit in which such real property is located.
B~. Such exemption shall not be granted to an enrolled member of an incorporated volunteer fire
company, fire department or incorporated voluntary_ ambulance service residing in such county unless:
the applicant resides in the city, town or village which is served hy such incorporated
fire company or fire department or incorporated voluntary ambulance service
(2) the property is the primary residence of the applicant
the property is used exclusively for residential purposes; provided, however, that in the
event any portion of such property is not used exclusively for the applicant's residence
but is used for other purposes, such portion shall be subject to taxation and the
remaining portion only shall be entitled to the exemption provided hy this section
the applicant has been certified hy the authority having jurisdiction for the incorporated
volunteer fire company or fire department for at least five years or the applicant has
been certified hy the authority having jurisdiction for the incorporated voluntary
ambulance service as an enrolled member of such incorporated voluntary ambulance
service for at least five years. It shall be the duty and responsibility of the municipality
to determine the procedure for certification.
C Any enrolled member of an incorporated volunteer fire company, fire department or
incorporated voluntary ambulance service who accrues more than twenty years of active service and is
so certified hy the authority having jurisdiction for the incorporated voluntary fire company or fire
department or incorporated voluntary ambulance service, shall be granted the ten percent exemption as
authorized hy this section for the remainder of his or her life, as long as his or her primary residence is
located with the Town of Southold.
D~. Application for such exemption shall be filed with the assessor or other agency, department or
office designated hy the municipality offering such exemption on or before the taxable status date on a
form as prescribed hy the State Board.
E~. Incorporated volunteer fire companies, fire departments and incorporated volunteer ambulance
services shall file lists of its enrolled members eligible for the exemption provided hy this section with
the assessor or other agency, department or office designated hy the municipality offering such
exemption on or before the taxable status date on a form as prescribed hy the State Board.
February 4, 2003
Southold Town Board meeting
18
F_. No applicant who is a volunteer firefighter or volunteer ambulance worker who, hy reason of
such status is receiving any benefit under the provisions of this article on the effective date of the
section, shall suffer any diminution of such benefit because of the provisions of this section.
.~ 85-11. Applicability.
This article shall apply to assessment rolls prepared on the basis of taxable status dates
occurring on or after March 1~ 2003.
3_ Severability.
If any clause, sentence, paragraph, subdivision, section, or part of this law or the application
thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be
adjudged ~ any court of competent jurisdiction to be invalid or unconstitutional, such order or
judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph, subdivision, section, or part of this law, or in its
application to the person, individual, corporation, firm, partnership, entity, or circumstance directly
involved in the controversy in which such order or judgment shall be rendered.
4. Effective Date.
This law shall take effect immediately upon filing in the Office of the Secretary of State and
shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after March
L 2003.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#94
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:
To:
A.6772.2.500.500
Programs for the Aging, Equipment,
Telephone Equipment
A. 1990.4.100.100
Vote of the Town Board:
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
$5,504.00
Contingency, Unallocated $5,504.00
Aye: Councilman Wickham, Councilman Richter,
Councilman Romanelli,
#95
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Horton to execute a Local Government Records Management Improvement Fund
Grant Application for 2003-2004 to the New York State Department of Educatiom State
Archives, for a requested grant of $27,202.00 for Historical Preservation Microfilming through the
Town Clerks Office for the period July 1, 2003 through June 30, 2004.
SUPERVISOR HORTON: ! would just like to say that ! really hope that we qualify and obtain this
grant because the work that Town Clerk Neville, you have done in the Records Management
Department is phenomenal and it won't be too long before the public will have available at its
February 4, 2003
Southold Town Board meeting
19
fingertips a large amount of our archives and Town records all available on our own desktops in Town
Hall now. It is a vast improvement and a credit to you and efficiency in your department.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
AMENDED-March 11, 2003 by Resolution #137
#96
Moved by Councilman Wickham, seconded by Justice Evans,
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 Valerie Marvin,
Esq. as the Hearing Officer in the disciplinary charges brought against a Town employee; and
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.
#97
Moved by Councilman Richter, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold shall hereby increase the hours of Part-
Time Senior Citizen Aide II~ Terry Schneider from 17-1/2 to 35 per week effective immediately
through the return of a suspended employee or the start of a new hire.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#98
Moved by Councilman Moore, seconded by Councilman Richter,
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 4th day of February 2003 a Local Law entitled "A Local Law in relation to the
General Business (B) District in Chapter 100 of the Zoning Code of the Town of Southold" now,
therefore, be it
RESOLVED that Town Clerk be and she hereby is authorized and directed to transmit this
proposed local law to the Southold Town Planning Board and the Suffolk County Department of
Planning for their recommendations and reports, all in accordance with the Southold Town Code
and the Suffolk County Charter, and be it further
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid
Local Law at the Southold Town Hall, 530905 Main Road, Southold, New York, on the llth day of
March 2003 at 5:00 p.m. at which time all interested persons will be given an opportunity to be
heard.
February 4, 2003
Southold Town Board meeting
20
The proposed local law entitled, "A Local Law in Relation to the General Business (B) District in
Chapter 100 of the Zoning Code of the Town of Southold" reads as follows:
LOCAL LAW NO. 2003
A Local Law entitled "A Local Law in Relation to the General Business (B) District in Chapter 100 of
the Zoning Code of the Town of Southold".
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
I. Purpose- To provide alternative uses for business properties, and to provide the community with
alternative housing opportunities within the hamlet centers.
II.Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows:
§ 100-101. Use regulations.
In the B District, no building or premises shall be used and no building or part thereof shall be erected
or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except
the following:
A. [Amended 5-9-1989 by L.L. No. 6-1989] Permitted uses. The following uses are permitted uses
and, except for those uses permitted under Subsection A(1), (12) and (13) hereof, are subject to site
plan approval by the Planning Board:
(1) Any permitted use set forth in and regulated by § 100-3 lA(2) and (3) of the Agricultural-
Conservation District.
(2) Any permitted use set forth in and regulated by § 100-91A(3) to (49) (21) of the Hamlet
Business District. [Amended 2-7-1995 by L.L. No. 3-1995]
(3) Wholesale businesses, warehouses and building material storage and sale, but excluding
storage of coal, coke, fuel oil or junk.
(4) Building, electrical and plumbing contractors' businesses or yards.
(5) Cold storage plants, baking and other food processing and packaging plants that are not
offensive, obnoxious or detrimental to neighboring uses by reason of dust, smoke, vibration, noise,
odor or effluent.
(6) Wholesale or retail sale and accessory storage and display of garden materials, supplies and
plants, including nursery operations, provided that the outdoor storage or display of plants and
materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three (3) feet
of the property line.
(7) Wholesale/retail beverage distribution.
(8) Funeral homes.
(9) Train or bus stations.
(10) Telephone exchanges.
(11) [Added 11-29-1994 by L.L. No. 26-1994] Wineries which meet the following standards:
(a) It shall be a farm winery licensed under New York State law from which wine made from
primarily Long Island grapes is produced and sold.
(b) It shall obtain site plan approval.
(c) It shall have retail sales on site.
(12) One-family detached dwelling, not to exceed one (1) dwelling on each lot.
(13) Two-family dwelling, not to exceed one (1) dwelling on each lot. The dwelling must be
occupied by the owner of the property.
B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted
as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval
by the Planning Board:
February 4, 2003 21
Southold Town Board meeting
(1) Any special exception use as set forth in and regulated by § 100-3 lB(2) to (12), except
wineries are not required to be in connection with a vineyard. [Amended 8-1-1989 by L.L. No. 15-
1989]
(2) Hotel or motel uses as set forth in and regulated by § 100-61B(4) of the Resort Residential
(RR) District, except that the minimum lot size shall be three (3) acres. [Amended 8-13-1991 by L.L.
No. 19-1991]
(3) Bed-and-breakfast enterprises or boarding and/or tourist homes as set forth in and regulated by
§ 100-3 lB(14) of the Agricultural-Conservation District, except that no site plan approval is required.
(4) Tourist camps as regulated by Chapter 88, Tourist and Trailer Camps, of the Town Code.
(5) Research, design or development laboratories, provided that any manufacturing shall be limited
to prototypes and products for testing.
(6) Fully enclosed commercial recreation facilities, including but not limited to tennis clubs,
skating rinks, paddle tennis, handball and squash facilities, dance halls, billiard parlors, bowling alleys,
health spas and clubs and uses normally accessory and incidental to commercial recreation, such as
locker rooms, eating and drinking facilities and retail sale of goods associated with the particular
activity.
(7) Laundry or dry-cleaning plants, subject to the following conditions:
(a) All processes and storage shall be carried on within an enclosed building.
(b) All fluids used in processing shall be recycled, and the overall facility shall be designed,
located and operated to protect surface waters and the groundwater reservoir from pollution.
(8) Fraternal or social institutional offices or meeting halls (nonprofit).
(9) Take-out restaurants, provided that eating on the premises of the take-out restaurant shall be
permitted only inside the structure or in areas specifically designated and properly maintained outside
of the structure and where the minimum lot size for a freestanding structure is forty thousand (40,000)
square feet. [Amended 5-16-1994 by L.L. No. 9-1994]
(10) Drinking establishments.
(11) Automobile laundries.
(12) Public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and
rental, including the sale of recreation vehicles and trailers and boat sales, with accessory repair
facilities, all subject to the following requirements:
(a) Entrance and exit driveways shall have an unrestricted width of not less than twelve (12) feet
and not more than thirty (30) feet and shall be located not less than ten (10) feet from any property line
and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-
way.
(b) Sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles
or boats.
(c) Vehicle lifts or pits, dismantled automobiles, boats and vehicles and all parts or supplies shall
be located within a building.
(d) All service or repair of motor vehicles, other than such minor servicing as change of tires or
sale of gasoline or oil, shall be conducted in a building.
(e) The storage of gasoline or flammable oils in bulk shall be located fully underground and not
less than thirty-five (35) feet from any property line other than the street line.
(f) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from any street or
property line.
(g) No gasoline service or repair shops or similar businesses are to be located within three hundred
(300) feet of a church, public school, library, hospital, orphanage or rest home.
February 4, 2003
Southold Town Board meeting
22
(13) Partial self-service gasoline service stations, subject to all of the provisions of§100-101B(12)
herein and the following additional requirements:
(a) Each partial self-service gasoline facility shall have a qualified attendant on duty whenever the
station is open for business. It shall be the duty of the qualified attendant to control and operate both
the console regulating the flow of gasoline to the dispensing equipment thereafter to be operated by the
customer at the self-service pump island and the dispensing equipment on the other pump islands.
(b) Gasoline shall at no time be dispensed without the direct supervision of the qualified attendant.
A control shall be provided which will shut off the flow of gasoline to the dispensing equipment at the
self-service pump island whenever the qualified attendant is absent from the control console for any
reason whatever, including when he is operating the dispensing equipment on the other pump islands.
(c) The console regulating the flow of gasoline to the remote dispensing equipment thereafter
operated by the customer at the self-service pump island shall be situated in such a manner as to give
the qualified attendant controlling said console an unobstructed view of the operation of said remote
dispensing equipment.
(d) The self-service pump island shall have controls on all pumps that will permit said pumps to
operate only when a dispensing nozzle is removed from its bracket on the pump and the switch for this
pump is manually operated.
(e) The self-service pump island shall be protected by an automatic fire-protection system in the
form of an approved system of dry powder release which will act as an automatic fire extinguisher.
(f) No customer shall be permitted to dispense gasoline unless he shall possess a valid motor
vehicle operator's license.
(g) There shall be no latch-open device on any self-service dispensing nozzle.
(14) Private transportation service, including garage and maintenance facilities.
(46) (15) [Added 5-16-1994 by L.L. No. 9-1994] Formula food restaurants located within a shopping
center in this zone, subject to the following requirements:
(a) There must be sufficient parking as provided for by the Article XIX, Parking and Loading
Areas, of this chapter, and such parking area shall be available within the shopping center site to
accommodate the use.
(b) The operation of the establishment shall not create traffic problems.
(c) There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive-up, drive-
by or a walkup window or door.
(d) Exterior signage shall conform in all respects to Article XX, Signs, of this chapter and, further,
may not be lit from within.
(e) Advertisements, including trademark logos, may not be affixed, painted or glued onto the
windows of the business or onto any exterior structure, including waste disposal receptacles and flags.
(f) The signage must conform to the existing color theme and signage style of the shopping center.
(g) The existing exterior architectural style of the shopping center building may not be altered or
modified in any way to accommodate the proposed use.
(h) The use must be located within the shopping center's main primary building complex and may
not be located within a single freestanding structure within the shopping center site.
(-1-7) (16) Flea markets. [Added 10-17-1995 by L.L. No. 21-1995]
C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as
accessory uses and, except for residential accessory uses and signs, which are governed by Article XX,
are subject to site plan review:
February 4, 2003
Southold Town Board meeting
23
(1) Accessory uses set forth in and as regulated by § 100-31C(1) through (8) and (10) of the
Agricultural-Conservation District, subject to the conditions set forth in § 100-33 thereof. [Amended
11-29-1994 by L.L. No. 26-1994]
(2) Open storage of materials or equipment, provided that such storage shall be at least twenty-five
(25) feet from any lot line, not be more than six (6) feet high and be suitably screened by a solid fence
or other suitable means of at least six (6) feet in height.
(3) Apartments are permitted within the principal structure only, subject to the following
requirements:
i)
ii)
The Building Department issuing an accessory apartment permit.
The habitable floor area of each apartment shall be at least three hundred and fifty (350)
square feet.
iii) There shall be no more than three (3) apartments created or maintained in any single
structure.
iv) Each apartment shall have at least one (1) off street parking space.
v) Construction and/or remodeling of an existing structure to create an accessory
apartment shall not trigger the need for site plan approval set forth specifically in
section 100-250 and Article XXV in general unless such construction or remodeling
results in an increase of the foundation size of the structure.
vi) The Apartment(s) shall not comprise more than forty percent (40%) of the principal
structure.
§ 100-102. Bulk, area and parking requirements.
No building or premises shall be used and no building or part thereof shall be erected or altered in the
B District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules
incorporated into this chapter by reference, with the same force and effect as if such regulations were
set forth herein in full. EN
§ 100-103. Front yard setbacks. [Added 8-22-1995 by L.L. No. 18-1995]
A. Structures shall be set back at least one hundred (100) feet from the right-of-way.
B. There shall be an exception to Subsection A if the adjacent parcels are developed, in which
case the minimum front yard setback shall be the average of the setbacks of the adjacent parcels.
C. A project shall be divided into separate structures so that no single structure shall have
more than sixty (60) linear feet of frontage on one (1) street. The setbacks of multiple
structures on a parcel may vary, provided that the average setback of the structures meets
the setback required above and all buildings are at least seventy-five (75) feet from the
right-of-way.
The Density and Minimum Lot Size Schedule for Nonresidential Districts is amended as attached.
iii. 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 effect the validity of this law as a whole or
any part thereof other than the part so decided to be unconstitutional or invalid.
IV. Effective date
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
law.
See Bulk Schedule Next Page
February 4, 2003
Southold Town Board meeting
24
February 4, 2003
Southold Town Board meeting
25
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Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#99
Moved by Councilman Romanelli, seconded by Justice Evans, it was
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 4th day of February, 2003 a Local Law entitled "A Local Law in relation to the
Hamlet Business (liB) District in Chapter 100 of the Zoning Code of the Town of Southold" now,
therefore, be it
RESOLVED that Town Clerk be and she hereby is authorized and directed to transmit this
proposed local law to the Southold Town Planning Board and the Suffolk County Department of
Planning for their recommendations and reports, all in accordance with the Southold Town Code
and the Suffolk County Charter, and be it further
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid
Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the llth day of
March, 2003 at 5:05 p.m. at which time all interested persons will be given an opportunity to be
heard.
The proposed "A Local Law in relation to the Hamlet Business (liB) District in Chapter 100 of
the Zoning Code of the Town of Southold", reads as follows:
LOCAL LAW NO. 2003
TOWN OF SOUTHOLD
A Local Law entitled, "A Local Law in relation to the Hamlet Business (liB) District in Chapter
100 of the Zonin~ Code of the Town of Southold"
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
I. Purpose -To provide alternative uses for business properties, and to provide the community with
alternative housing opportunities within the hamlet centers.
II. Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows:
§ 100-91. Use regulations.
In the HB District, no building or premises shall be used and no building or part of a building shall be
erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses
except the following:
A. [Amended 5-9-1989 by L.L. No. 6-1989; 5-16-1994 by L.L. No. 9-1994; 2-7-1995 by L.L. No.
3-1995] Permitted uses. The following are permitted uses and, except for those uses permitted under
Subsection A(1), A(2) and A(-!-9) A(20) hereof, are subject to site plan approval by the Planning Board:
Conservat:.on D:.str:.ct. One-family detached dwelling, not to exceed one (1) dwelling on each lot. The
dwelling must be occupied by the owner of the property.
D;~stfict. Two-family dwelling, not to exceed one (1) dwelling on each lot. The dwelling must be
occupied by the owner of the property.
(3) Buildings, structures and uses owned or operated by the Town of Southold, school districts,
park districts and fire districts.
February 4, 2003
Southold Town Board meeting
29
(-3) (4) Boardinghouses and tourist homes.
(4) (5) Business, professional and governmental offices.
(-5) (6) Banks and financial institutions.
(6) (7) Retail stores.
(-7) (8) Restaurants, excluding formula food and take-out restaurants. [Amended 5-16-1994 by L.L.
No. 9-1994]
¢g) (9) Bakeshops (for on-premises retail sale).
(9) (10)Personal service stores and shops, including barbershops, beauty parlors, professional studios
and travel agencies.
(4¢) (11) Art, antique and auction galleries.
(44-) (12) Artists' and craftsmen's workshops.
(-1-2-) (13) Auditoriums or meeting halls.
(4-3) (14) Repair shops for household, business or personal appliances, including cabinet shops,
carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle
shops.
04)(15)
(-1-5)(16)
0-7-)(18)
(-1~)(19)
· . Custom workshops.
Bus or train stations.
. Theaters or cinemas (other than outdoor).
Libraries or museums.
Laundromats.
(-!-9) (20) Bed-and-breakfast uses as set forth in and as regulated by § 100-3 lB(14).
(21) Multiple dwellings.
B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted
as a special exception by the Board of Appeals as hereinafter provided, subject to site plan approval by
the Planning Board:
(1) Any special exception use set forth in and as regulated by § 100-3 lB(3) to (6) and (4-3) and (14)
of the Agricultural-Conservation District.
(-3) (2) Motel and hotel uses as set forth in and regulated by § 100-61B(4) of the Resort Residential
(RR) District, except that minimum lot size shall be three (3) acres. [Amended 7-31-1990 by L.L. No.
16-1990]
February 4, 2003
Southold Town Board meeting
30
(-5) (3) Boarding and/or tourist homes as set forth and regulated by § 100-61B(5) of the Resort
Residential (RR) District. [Amended 2-7-1995 by L.L. No. 3-1995]
(6) (4) Fraternal or social institutional offices or meeting halls.
(-7) (5) Drinking establishments.
¢g) (6) Public garages.
(-9) (7) Funeral homes.
~ (8) Flea markets. [Added 10-17-1995 by L.L. No. 21-1995]
(-14-) (9) [Added 5-16-1994 by L.L. No. 9-1994] Takeout and formula food restaurants, subject to the
following requirements:
(a) Adequate parking shall be provided in accordance with that required by Article XIX, Parking
and Loading Areas, of this chapter. All parking spaces shall be located within reasonable walking
distance of the site or three hundred (300) feet, whichever is less. The improvement or development of
municipal parking may be used to satisfy this requirement. The adequacy of municipal parking shall be
determined by the Planning Board as part of its site plan review procedure by conducting a parking
survey of the capacity of the existing municipal parking area to accommodate the projected increase in
usage due to the introduction of the subject land use.
(b) An assessment of the potential traffic impacts of the proposed use must accompany the long
environmental assessment form. The appropriate mitigation measures must be incorporated into the
site plan.
(c) There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive-up, drive-
by or walkup window or door.
(d) Exterior signage shall conform in all respects to Article XX, Signs, of this chapter and, further,
may not be lit from within.
(e) Advertisements, including trademark logos, may not be affixed, painted or glued onto the
windows of the business or onto any exterior structures, including waste disposal receptacles and flags.
(f) The physical design, including color and use of materials, of the establishment shall be
compatible with and sensitive to the visual and physical characteristics of other buildings, public
spaces and uses in the particular location.
February 4, 2003
Southold Town Board meeting
31
C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as
accessory uses and, except for residential accessory uses and signs, which are subject to Article XX,
are subject to site plan review:
(1) Accessory uses as set forth in and regulated by § 100-3 lC(l) through (7) of the Agricultural-
Conservation District, and subject to the conditions set forth in § 100-33 thereof.
(2) Apartments are permitted within the principal structure only, subject to the following
requirements:
vii)
viii)
The Building Department issuing an accessory apartment permit.
The habitable floor area of each apartment shall be at least three hundred and fifty (350)
square feet.
ix) There shall be no more than three (3) apartments created or maintained in any single
structure.
x) Each apartment shall have at least one (1) off street parking space.
xi) Construction and/or remodeling of an existing structure to create an accessory
apartment shall not trigger the need for site plan approval set forth specifically in
section 100-250 and Article XXV in general unless such construction or remodeling
results in an increase of the foundation size of the structure..
xii) The Apartment(s) shall not comprise more than forty percent (40%) of the principal
structure.
§ 100-92. Bulk, area and parking regulations.
No building or premises shall be used and no building or part thereof shall be erected or altered in the
HB District unless the same conforms to the Bulk Schedule and Parking
and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if
such regulations were set forth herein in full.
§ 100-93. (Reserved)
lll. Severabilit¥.
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 effect the validity of this law as a whole or
any part there of other than the part so decided to be unconstitutional or invalid.
IV. Effective Date.
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
law.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#100
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor
Joshua Y. Horton to hire Andrew D. Stype~ SRA, to conduct an appraisal of the property located
at 52875 Main Road~ Southold~ designated as Tax Map# 1000-61-1-5~ also known as "Whitaker
House", and prepare a report detailing their findings at a cost of $500-$600 as per their proposal dated
November 6, 2002.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
February 4, 2003
Southold Town Board meeting
32
#101
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Vickie
DeFriest~ Account Clerk in the Tax Receiver's Office to attend the New York State Association
of Towns Meeting at New York City from February 16 - 19, 2003 on a full-time basis.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#102
Moved by Councilman Richter, seconded by Councilman Moore,
WHEREAS, on August 25, 1998, the Southold Town Board enacted Local Law No.'s 12, 13, 14 &
15, 1998 in Relation to the "Southold Town Community Preservation Fund; and
WHEREAS, one of the four Local Laws was: "A Local Law in Relation to Creatin~ and
Establishin~ a Proiect Plan for the Southold Town Community Preservation Fund"; and
WHEREAS, in 1998, the Town Board determined that the proposed local laws all work together,
and, for SEQRA purposes should be reviewed together; and
WHEREAS, on July 8, 1998, the Town Board adopted a resolution determining that the above
referenced action of the adoption of the Local Laws was a Type 1 action under SEQRA; and
WHEREAS, the Town Board, as lead agency, conducted a coordinated review, and on August 25,
1998, determined that the proposed action would not have a significant effect on the environment and
pursuant to the State Environmental Quality Review Act and 6NYCRR 617 et. seq., issued a Negative
Declaration for the proposed action; and
WHEREAS, a January 2003 update to the Community Preservation Project Plan was prepared by the
Land Preservation Department and the Central Data Processing Department, and was presented to the
Town Board on January 21, 2003, during the work session portion of the Town Board meeting; and
WHEREAS, the text of the Plan adopted by the Town Board in 1998 (Plan dated July 1998) shall
remain as adopted in 1998, with an updated Executive Summary, and updated cover pages; and
WHEREAS, 161 parcels, totaling 641 acres, were added to the original 1998 List of Eligible parcels;
and
WHEREAS, the 2003 List of Eligible parcels contains 825 parcels, totaling 11,503 acres; and
WHEREAS, the 1998 List of Eligible Parcels shall be replaced by the January 2003 List of Eligible
Parcels presented to the Town Board during the January 21, 2003 work session; and
WHEREAS, on January 21, 2003, the Southold Town Board set a public hearing on" A Local Law in
Relation to updating the Community Preservation Project Plan"; and
WHEREAS, the Town of Southold Community Preservation Fund has been an unparalleled success in
preserving land; and
WHEREAS, the updated Community Preservation Plan is intended to allow the Town to continue to
protect and preserve the community character, natural resources, scenic vistas and historic places, and
thus the update to the Community Preservation Plan is expected to result in a beneficial, rather than
adverse impact; and
WHEREAS, the action will result in an overall net environmental benefit given the need to protect
and enhance the ecological and natural resources, open space, groundwater resources, scenic vistas and
historic places of the Town for the benefit of all residents, and
February 4, 2003
Southold Town Board meeting
33
WHEREAS, the Town Board of the Town of Southold is the only involved agency pursuant to
SEQRA Rules and Regulations; and
WHEREAS, the Long Environmental Assessment Form prepared for this project is accepted and
attached hereto; be it therefore
RESOLVED that the proposed Local Law "A Local Law in Relation to updating the Community
Preservation Proiect Plan" is classified as a Unlisted action pursuant to the SEQRA Rules and
Regulations, 6NYCRR 617.1 et. Seq.; be it further
RESOLVED that the Town Board of the Town of Southold as lead agency, conducted an
uncoordinated review, and hereby finds no potential significant adverse impact on the
environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this
action.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#103
Moved by Councilman Moore, seconded by Councilman Romanelli, it was
RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to hire the firm of Nelsom Pope & Voorhis to conduct an
evaluation pursuant to the State Environmental Quality Review Act (SEQRA) to address the
environmental issues pertinent to the proposed code chan~es relatin~ to Accessory Apartments
in the General Business (B), Hamlet Business (HB) Districts in Chapter 100 of the Zoning Code of
the Town of Southold at a cost of Seven hundred ($700.00) dollars as per their proposal dated
December 17, 2002.
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 Supervisor Horton, seconded by Councilman Wickham, it was
RESOLVED that the Town Board meeting be and hereby is recessed at 5:15 PM for the purpose of
holding two public hearings.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#104
Moved by Councilman Romanelli, seconded by Councilman Moore,
WHEREAS, there was presented to the Town Board of the Town of Southold on the 21 st day of
January, 2003, a Local Law entitled, "A Local Law in Relation to updating the Community
Preservation Project Plan"; and
WHEREAS, a public hearing was held on this Local Law on the 4th day of February 2003, at which
time all interested persons were given an opportunity to be heard thereon, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold ENACTS the following Local Law:
LOCAL LAW NO. 2 2003
A Local Law in Relation to updating the Community Preservation Project Plan
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD as follows:
February 4, 2003
Southold Town Board meeting
34
T. Article TT entitled Southold Community Preservation Project Plan of Chapter 6 (Community
Preservation Fund) of the Southold Town Code is hereby amended as follows: § 6-50. Community preservation project plan adopted.
For the reasons set forth in § 6-45 hereof, the Town Board of the Town of Southold hereby approves
and adopts the Community Preservation Project Plan prepared by the Town Planning Department, the
Land Preservation Committee, the Peconic Land Trust and Central Data Processing and presented to
the Town Board on August 4, 1998, during the work session portion of the Town Board meeting, said
plan being intended to constitute the $outhold Community Preservation Project Plan which is required
by § 64-e of the New York Town Law and Article T of Chapter 6 of the Southold Town Code.
The Town Board of the Town of $outhold hereby approves and adopts the January 2003
update to the Community Preservation Project Plan prepared by the Land Preservation Department and
Central Data Processing Department and presented to the Town Board on January 21, 2003, during the
work session portion of the Town Board meeting. The text of the Plan adopted by the Town Board in
1998 (Plan dated July 1998) shall remain as adopted in 1998, with an updated Executive Summary,
and updated cover pages. The 1998 List of Eligible Parcels shall be replaced by the January 2003 List
of Eligible Parcels presented to the Town Board during the January 21, 2003 work session.
TT. Severability.
Tfany clause, sentence, paragraph, section or part of this article shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder
thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof
directly involved in the controversy in which such judgment shall have been rendered.
TTT. When effective.
This article shall take effect immediately upon filing with the Secretary of State as provided by law.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#105
Moved by Justice Evans, seconded by Councilman Romanelli, it was
WHEREAS, there was presented to the Town Board of the Town of $outhold on the 21 st day of
January, 2003, a Local Law entitled, "A Local Law In Relation to an One Hundred and Eighty (180)
Day Extension of the 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; and
WHEREAS, A public hearing was held on this Local Law on the 4th day of February 2003, at which
time all interested persons were given an opportunity to be heard thereon, now, therefore be it
RESOLVED that the Town Board of the Town of Southold herb¥ ENACTS the following Local
Law:
LOCAL LAW NO. 3 2003
A Local Law In Relation to a One Hundred and Eighty (180) Day Extension of the
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
BE IT ENACTED BY, the Town Board of the Town of Southold as follows:
Section 1. PURPOSE
Moratorium Extension
February 4, 2003
Southold Town Board meeting
35
I. Legislative Intent
A Town-wide moratorium was enacted by the Town Board of the Town of Southold on August 20,
2002. The moratorium was intended to provide sufficient time for the Town to consider the
recommendations of the Blue Ribbon Commission and to comprehensively review Town planning
issues such as affordable housing, completion of the Local Waterfront Revitalization Plan (LWRP) and
understand needed public infrastructure including consideration of hamlet areas and transportation
systems.
The Town Board established a moratorium planning team consisting of the Town attorney, Town
planner and land preservation coordinator, as well as two planning consultants and two legal
consultants. The team was directed to review Town planning goals, past planning studies, and Town
characteristics and consider implementation of key recommendations of past planning studies that
assist the Town Board in achieving the goals of the Town. The moratorium planning team established
a schedule of tasks which included past plan review, synthesis of planning recommendations, obtaining
input from Committees and Boards, assessment of Town planning and zoning policies, and utilization
of a Generic Environmental Impact Statement (GELS) procedure to inform the Board, involved
agencies and the public of the Town's initiative. In addition, the GElS was intended to take a "hard
look" at the implications and potential impacts of the comprehensive implementation strategy, allow
for review of mitigation and alternatives, and provide a procedure to allow a rational and logical
implementation strategy to evolve from an organized process. The Town Board authorized the
moratorium planning team to proceed with the tasks and schedule provided to the Town Board on
October 8, 2002.
The moratorium planning team has met on a weekly or as-needed basis to advance the tasks and
schedule as authorized by the Town Board. The team has completed a number of important tasks to
date, including:
· review of past studies;
· synthesis of past planning recommendations;
· review of Town Code, policies and definitions;
· preparation of Geographic Information System (GIS) resource maps in cooperation with Town
data processing staff to document Town characteristics;
· review of technical information and facts to be used in completing the GElS and planning
initiative review;
· initial review of Town affordable housing policies;
· initial review of hamlet centers, transition zones and rural areas of the Town;
· meetings and interviews with Town staff and department heads;
· preparation of materials and updates of ongoing activities to be placed on the Town's website;
· public informational meetings, Town Board updates and dialogue with the Town Board
regarding policy considerations;
· preparation of draft documents for Town Board implementation and conformance with State
Environmental Quality Review Act (SEQRA) procedures;
· commencement of preparation of a build-out analysis; and
· commencement of preparation of the Draft GELS.
The Town Board recognizes the need to comply with SEQRA, and understands the value of this
process. The action is of Town-wide significance and is considered to be a Type I action which is
more likely to require an environmental impact statement. As a result, the Town Board has adopted a
number of documents in conformance with SEQRA, including the following important steps:
· classification of the action as a Type I action;
February 4, 2003
Southold Town Board meeting
36
· designation of the Town Board as lead agency;
· preparation of an environmental assessment form;
· issuance of a Positive Declaration; and
· receipt of a Draft Scope of the Draft GEIS and setting of the public hearing.
Recognizing the significance of the action and the need and desirability to comply with SEQRA
through the use of a GEIS process, the schedule necessitates adequate time for preparation and
processing of the GEIS and evolution of the ultimate series of recommendations to be implemented.
The Town Board seeks to ensure that the process is afforded sufficient time to ensure that technical
analysis and facts are generated, legal mandates are met and social needs are accommodated. In order
to do this, additional time is needed beyond the expiration of the six (6) month moratorium enacted on
the Town Board on August 20, 2002.
As a result, the Town Board of the Town of Southold seeks to extend the moratorium for an additional
six (6) month period for the purpose of completing the specified tasks and schedule previously
authorized by the Town Board on October 8, 2002 and in order to provide sufficient time for the
completion of the Comprehensive Implementation Strategy and accompanying Generic Environmental
Impact Statement.
Section 2. ENACTMENT OF TEMPORARY MORATORIUM
For a period of One Hundred and Eighty (180) Days following the effective date of this Local
Law after which date 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 One Hundred and Eighty (180) Day
period:
1) the Planning Board shall not accept for review, continue review, hold a hearing or
make any decision upon any application for a subdivision, whether that subdivision
application was submitted prior to or after the effective date of this law. This law
applies to subdivisions (whether major subdivisions or minor subdivisions) as defined
in Southold Town Code § A-106-13. The statutory and locally-enacted time periods
for processing and making decisions on all aspects of subdivision applications
(including, but not limited to, sketch plans, preliminary and final subdivision plats)
are suspended and stayed while this Local Law is in effect;
2) the Planning Board shall not accept for review, continue review, hold a hearing or
make any decision upon any application for a site plan containing DWELLING
UNIT(S), whether submitted prior to or after the effective date of this law, and shall
not be subject to the time periods specified in Town Law § 274-a and Article XXV
of the Southold Town Code, including without limitation, provisions relating to the,
processing, reviewing, holding of hearings and the rendering of decisions. The
statutory and locally-enacted time periods for processing and making decisions on all
aspects of site plan applications containing dwelling unit(s) are suspended and stayed
while this Local Law is in effect
3) The Zoning Board of Appeals shall not accept for review, continue review, hold a
hearing on, continue a hearing or make any decision upon any application for a
special use permit which application is also subject to Planning Board approval
pursuant to the Southold Town Code where the Planning Board is prohibited from
reviewing, processing, holding hearings on and making decisions on because of the
provisions of this local law, whether said application was submitted prior to or after
the effective date of this local law.
Section 3. APPLICATION
February 4, 2003
Southold Town Board meeting
37
This local law shall apply to ALL [new or pending] applications for either subdivision approval
or special exception use permits and site plans containing dwelling unit(s) within the Town of
Southold.
Section 4. EXCLUSIONS
This Local Law shall not apply to:
1) subdivisions for which final plat or conditional final plat approval was granted by the
Planning Board prior to the effective date of this local law;
2) setoffs as defined in the definition of"Subdivision" in Southold Town Code section A106-
13;
3) Lot line applications;
4) new or pending applications for the subdivision of a parcel of property where interests or
rights in real property (the fee or any lesser interest, development rights, easement,
covenant, or other contractual right ) to a portion of that parcel have been sold or gifted (for
purposes of permanent preservation) to either the Town of Southold (pursuant to either
chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk; the Peconic Land
Trust or the Nature Conservancy, prior to the effective date of this local law;
5) new or pending applications for the subdivision of a parcel of property where an executed
contract (dated prior to the effective date of this local law) exists to either sell or gift
interests or rights in real property (the fee or any lesser interest, development rights,
easement, covenant, or other contractual right ) to a portion of that parcel (for purposes of
permanent preservation) to either the Town of Southold (pursuant to either chapter 6, 25 or
59 of the Southold Town code); the County of Suffolk; the Peconic Land Trust or the
Nature Conservancy;
6) new subdivision applications where an applicant has entered into a contract (dated after the
effective date of this local law) to either sell or gift interests or rights in real property (the
fee or any lesser interest, development rights, easement, covenant, or other contractual right
) to a portion of that parcel(for purposes of permanent preservation) to either the Town of
Southold (pursuant to either chapter 6, 25 or 59 of the Southold Town code); the County
of Suffolk; the Peconic Land Trust or the Nature Conservancy; provided that that portion
of the property on which the interests or rights to property are being sold or gifted
encompasses at least seventy five percent (75%) of the entire parcel. The following areas
are not to be included in the calculation of the 75% threshold: that portion of the parcel
which is wetlands (as defined by Chapter 97 of the Southold Town Code), streams, creeks,
ponds, slopes over 15%, underwater land, land encumbered by easements or other
restrictions preventing use of such land for construction of buildings or development or
land within the coastal erosion hazard area as defined by Chapter 37 of the Southold Town
Code.;
7) a site plan application for a two-family dwelling;
8) a site plan application for a bed-and-breakfast;
9) a site plan application for an accessory apartment(s);
Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE
To the extent that any provisions of this Local Law are in conflict with or are construed as
inconsistent with the provision of New York State Town Law this Local Law supersedes, amends and
takes precedence over NYS Town Law pursuant to the Town's municipal home rule powers, pursuant
to Municipal Home Rule Law § 10(1)(ii)(d)(3); § 10(1)(ii)(a)(14) and § 22 to supercede any
inconsistent authority.
February 4, 2003
Southold Town Board meeting
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In particular, this local law supersedes Town Law § 276, Town Law § 278, and Southold Town
Code §§§ A106-21, A106-22, A106-23 and A106-24, which require that the planning board act upon,
hold hearings on, and make decisions concerning subdivision applications (including, but not limited
to, sketch plans, preliminary and final subdivision plats) within specified time periods. This local law
suspends and stays the running of time periods for processing, acting upon, holding hearings on,
making decisions and taking action on such subdivision applications (including, but not limited to,
sketch plans, preliminary and final subdivision plats) provided for in those laws.
And, to the extent and degree any provisions of this Local Law are construed as being
inconsistent with the provisions of Town Law §§§§ 267, 267-a, 267-b, 267-c or 282 relating to the
authority to grant variances, waivers or other relief from this Local Law, this Local Law is intended to
supersede and amend any said inconsistent authority.
And, to the extent and degree any provisions of this Local Law are construed as being
inconsistent with the provisions of Town Law § 274-a and the provisions and requirements set forth in
Article XXV of the Southold Town Code, which require that the Planning Board process, review, hold
hearings on, and act upon applications for site plans within specified time periods, this local law
suspends and stays the running of time periods for processing, review, holding hearings on, making
decisions, and taking action on such applications provided for in those laws and is intended to
supersede and amend any said inconsistent authority.
And to the extent and degree any provisions of this Local Law are construed as being
inconsistent with the provisions of Town Law §§ 267-a and 274-b and the provisions of Article XXVI
of the Southold Town Code, which require that the Zoning Board of Appeals act upon applications for
special exception use permits within specified time periods, this local law suspends and stays the
running of time periods for processing, reviewing, holding hearings on and making decisions on such
applications provided for in those laws and is intended to supercede and said inconsistent authority.
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 effect the purpose of
this local law, the health, safety or welfare of the Town of $outhold 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.
b. Any request for a variance or waiver shall be filed with the Town Clerk and shall
include a fee of five hundred ($250.00) dollars for the processing of such application, along with
copies of such plat showing all required improvements in accordance with the procedures of §Al 06-25
, § A106-27 and Articles III and IV of Chapter Al06 of the Southold Town Code.
c. All such applications shall, within five (5) days be referred to the Planning Board,
which shall have thirty (30) days following receipt to make a recommendation to approve or
disapprove a variance or waiver of this Local Law. The application and recommendation shall be
transmitted to the Town Board which may conduct a public_hearing and make a final decision on the
application, with or without conditions. Final approval is reserved to the absolute legislative discretion
of the Town Board
Section 7. SEVERABILITY
February 4, 2003
Southold Town Board meeting
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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 effect the validity of this law as a
whole or any part thereof other than the part so decided to be unconstitutional or invalid.
Section 8. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
COUNCILMAN MOORE: ! would just make one quick comment, ! think you have been paying
attention to papers and what the Town Board is doing; our consultants have been working very hard on
this, they update the Board on a periodic basis but when they are not coming before the Town Board,
Councilman Wickham and ! are meeting weekly with the consultants from the work group to drive
them, keep them going, shepherd them, answer their questions. We act as a liaison with them. So feel
confident that we are not just sitting back and doing nothing, a lot of work is being done and the time is
needed and so, ! am going to vote yes but just know that it is not just sitting back on our hands and
doing nothing. A lot of work is going on.
SUPERVISOR HORTON: Thank you for pointing this out.
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: That concludes our voting portion and reading of our resolutions. At this
point ! will offer the floor to members of the public that would care to address the Board on town
related issues.
KATHY TOLL: Kathy Toll, Greenport. Actually, there are two items that ! would like to ask about.
The new gas turbine, is the noise effects being studied on that also?
SUPERVISOR HORTON: The new gas turbine for?
KATHY TOLL: In Greenport, offMoores Lane.
SUPERVISOR HORTON: Actually, that would be a question for the Village Board.
KATHY TOLL: ! would like to ask that .... then why is it on your public notice regarding the New
York State DEC announcement of public comment period? Does the Town not have input in this
project?
COUNCILMAN MOORE: We do have input but in the same capacity you do as an interested person.
You could let the DEC, the DEC did declare lead agency on this, ! think? Did they not? So comments
and things that you would like them to study or analyze would be addressed to them.
KATHY TOLL: Alright. ! would also like my representatives to be involved in this to assure the
people that live around the area, say in the Village or outside of the Village, that are going to have the
effects of it that things such as noise is also addressed.
SUPERVISOR HORTON: If you have any comments that you would like us to get to the DEC
through my office, ! would be happy to do that.
February 4, 2003
Southold Town Board meeting
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COUNCILMAN RICTHER: If you would like to see the documents that come with that, I actually
live closer to you, to that sight. One of the things in the document that ! looked at was the sound levels
because ! thought that would be the only thing that would bother the residents in the area. Because it is
not going to be used, the site won't be used back and forth by work crews that much. What it said in
there was that the decibel levels were low. If you like, ! could get you a copy.
MS. TOLL: Thank-you, Craig. The other issue, can ! continue?
SUPERVISOR HORTON: Certainly.
MS. TOLL: Some months ago, there were several residents who came here and asked questions about
the bulkheading that was done at Mill Creek going in to Arshamomaque. It was clear that there was
substantial legal questions about it, we were asked to not discuss this publicly but to step back because
there was some sort of negotiations going on, ! think the Attorney for the Town specifically asked that
we not discuss it publicly. So everybody seemed to withdraw from it. Now there is a For Sale sign it.
The property has been permanently altered, it was a rather sensitive site and ! think it is time now to let
us know what happened with that property.
SUPERVISOR HORTON: To the best of my knowledge, any permit questions that were raised were
directed to the Trustees and ! am assuming, Legal Department. So apparently, not apparently-! know
that the Trustees deemed that they had a valid permit to do that work.
MS. TOLL: Can you tell me then, why there was such controversy about it. Greg, you had input at
that time at that hearing and said we need to ....
SUPERVISOR HORTON: Was this at a Trustee hearing?
MS. TOLL: No, this was during a Board hearing and the question was raised and everybody was told
that there were negotiations or something going on quietly and we were asked not to discuss it
publicly.
SUPERVISOR HORTON: The only thing that I recall, is that at one point, it was asked what the
status of that permit was and ! didn't know sitting here because the Trustees handle wetlands permits
and they are an elected Board and they have their rules and their policies, so ! know that there was a
question raised here at the Town Board about the status of that permit that ! know ! didn't have the
answer to. ! do know that, this is going back some months, but ! think that the Code Enforcement and
Bay Constables were sent down there. And with the DEC to remedy the situation.
MS. TOLL: Am ! being told now that everything was fine and that permits were appropriately in place
and that the person, the current owner who bulkheaded it had the permits, that it was not improperly
transferred?
SUPERVISOR HORTON: ! will say that had the permits not been valid, the work would not have
continued. So if the work did continue, then ! would say that yes, that those permits were valid.
February 4, 2003
Southold Town Board meeting
41
MS. TOLL: Okay, thank-you.
SUPERVISOR HORTON: But that is a question again, for the Board of Trustees.
MR. CARL1N: What I am going to say tonight is directly to the Town Board and it means a lot to me
and it is a very sensitive issue and that is the animals in this Town. As you know, ! am part of the
Sunshine and Fresh Air Shelter for sheltered animals. ! want to get something straight once and for all
because ! don't like dancing around the bush. We have never said that we intend to dismiss Director
Gillian Wood. We have never said that we plan on dismissing the staff. Sometimes you will find
somebody that they know there is no fire but they will try to blow smoke anyway, just to have
something to say. There are four main issues here, which are very important. But before ! get into
that, the old saying is, you don't know what is in the book until you read it. But let's get into the four
mostly important issues here is: 1. To see that the Animal Shelter is built. 2. To see that the Shelter is
managed and maintained in a proper manner. 3. To see that better working conditions for the staff at
the Shelter. And last but not least, 4. To see that the animals are well cared for. There it is in a
nutshell. That is what it is all about. Now, ! have a question here for John Romanelli, ! like him
because he is always smiling. We have 35 acres down at the capped landfill, you said that we have all
these open fields and don't know what to do with it.
COUNCILMAN ROMANELLI: ! don't remember that.
MR. CARL1N: Why can't you consider, moving the new shelter when it is built and it will be built,
from behind the Police Station and trying to locate it in that area? It doesn't have to be in the center, it
only requires approximately two acres, ! don't think you got two acres where it is now, try to consider
that. Now, ! know what you are going to say to me probably, you are going to say that the vents there
from the fumes, no good, or the water. Well, you are not going to build an Animal Shelter in the
middle of this landfill and you got water running up there now, people who live there from Depot
Lane. So that shouldn't be no problem. ! want to give you an example, when you ride along Route 48,
when you ride along 25, what do you see? You see beautiful wineries and also you see beautiful
winery buildings, right close to the road. Now, in my opinion, the reason why they are there is they
improve the beauty of the winery. People can see it, they are attracted to it. They wouldn't want to put
one out in the middle of a winery, it wouldn't make no sense. So why spend $1 million or more for the
beautiful shelter that we are going to have and hide it behind a Police Station. It doesn't make too
much sense to me because, well, ! know.., this is my opinion.
COUNCILMAN MOORE: Frank, just so you know. ! don't think the Board is locked down into a
specific location, so ! think that the door is open to consider alternative locations. If not, ! asked Jim
Bunchuk ages ago to contemplate that. And that was back when he was doing his DEC capping,
composting and the whole plan there because we are looking at a variety of uses at that property, as we
want to re-use it. ! have an angle for, get people mad at me, but ! even angled for Strawberry Fields as
a spot. So, we are looking at a variety of options, Frank. ! don't want to hide that beautiful, a nice
facility shouldn't be hidden under a basket.
MR. CARL1N: Good thing you brought up Strawberry Fields, a woman called me up the other day
and said, Mr. Carlin, why can't we put up that beautiful shelter at Strawberry Fields? The first thing
that came out of my mouth was you can't do that. It is owned by the County. It is not Town property.
February 4, 2003
Southold Town Board meeting
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It is owned by the County but the Town maintains it at a cost of $200,000 per year but it is not owned
by the Town, so you can't do that and she realized that.
COUNCILMAN MOORE: Don't be so sure. Don't say you can't do things until we have looked into
it. Leave your doors open.
MR. CARLIN: It is owned by the County.
COUNCILMAN MOORE: I understand.
MR. CARLIN: Right now, it is owned by the County.
COUNCILMAN MOORE: We enter a lot of agreements with the County.
MR. CARL1N: We bought that when Mrs. Cochran was Supervisor, a couple of years ago. And we
contracted that we would maintain it.
COUNCILMAN MOORE: Right.
MR. CARLIN: See. But I drove Sunday, with my wife, I drove around the landfill and I looked, I
drove down Cox Lane and I looked, I don't think there is much there because there is that contractor
there who has a lot of stuff there. I don't know how much property the Town really owns around there
but it seems to me that it is possible that it could be located towards the outside, not, like I said, in the
center. Leave it open for the people to see how their tax dollars are being used and these nice people
who are donating to this shelter, see what their money has been done for them. And I know, I am glad
to hear that you are open to suggestions.
COUNCILMAN ROMANELLI: We are open to suggestions.
MR. CARLIN: I know, and I have confidence in this Town Board and all the people who is
supporting this shelter, that it will be built and it will be one of the nicest shelters. And maybe by next
year, like I said back in 1988, that the animals will be able to say, there is a Santa Claus after all.
Thank you.
MRS. EGAN: Hello, again everybody. Joan Egan from East Marion. Who is up at bat? Mr. Richter,
you must want to leave early.
COUNCILMAN RICHTER: No, I love to hear from you.
MRS. EGAN: I know that. Why not hear from a good woman. Mr. Richer, over a year ago you were
appointed as the liaison officer to the Police Department, is that correct? And are you feeling better
these days?
COUNCILMAN RICHTER: Oh, I am feeling much better. Thank you.
MRS. EGAN: Wonderful, wonderful. That is correct, my statement that you were appointed the
liaison officer, correct?
February 4, 2003
Southold Town Board meeting
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COUNCILMAN RICHTER: I am on the Police Committee.
MRS. EGAN: Now, have you yet been able to find out what the problem is with a private citizen
calling the Adult Protection Agency or the Child Protection Agency without further contacting the
Southold Police Department?
COUNCILMAN RICHTER: You can do that.
MRS. EGAN: Are you sure of that?
COUNCILMAN RICHTER: ! would think so.
MRS. EGAN: Because ! have been told by a Sergeant and a ....
COUNCILMAN RICHTER: You have your rights, that is well within your rights.
MRS. EGAN: Good.
COUNCILMAN RICHTER: You're welcome.
MRS. EGAN: ! didn't say thank-you yet.
COUNCILMAN RICHTER: ! was anticipating you would, though.
MRS. EGAN: ! am not because you took too long to do it and ! don't think that you ever really
checked it out properly, ! think you are making a ballpark guess. That is my opinion.
COUNCILMAN RICHTER: ! would call it an educated guess rather than ballpark.
MRS. EGAN: ! think that ballpark is better because you know, you were very close to Mrs. Cochran
and all that and her son is the Chief, so ! would imagine that a little telephone call from you to the
Chief would be more than appropriate. Now, excuse me, thank you again for what .... now it was
almost two years ago to about this time that ! addressed the problem of what the Town Board did with
the property next to me and Mrs. Cochran was sitting in the ballpark there, the head umpire. ! told my
problem to the Board here and she turned and said that Mr. Moore would take care of it. Well, to make
a long story short, don't keep shaking your head Mr. Yakaboski, you are on television. Candid camera
catches you all the time. Neither Mr. Moore sent me, finally did something and sent me a horrible
letter telling me ! should get a lawyer. He is a lawyer, Town Board sent me a registered letter Mr.
Horton, in regard to what Mr. Keller who had just purchased the property wanted to do on his
property. ! had no objection to the plans that were submitted to me from the Town. Subsequently,
there was a problem and the plans were changed. And ! was never notified by registered letter, return
receipt requested to any objections ! might have made. Which ! would have made. ! appealed again to
Mr. Moore and Mr. Yakaboski and ! have gotten no place. Maybe a lady lawyer would look into the
case for me. Is she able to do that, or is that outside of her jurisdiction or her, ! don't want to interfere
with your life or anything, can you help me?
February 4, 2003
Southold Town Board meeting
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JUSTICE EVANS: That is a matter that you have to ask, when it is something that is before Zoning
Board of Appeals, the ZBA.
MRS. EGAN: No, no, no, no. You do it, my dear. You get paid for it. I have done it all myself, I
have a letter from Mr. Moore telling me to get a private lawyer, ! have a letter from Mr. Yakaboski
telling me don't come to my office ever again, canceling an appointment. It was a horrible letter and !
have it and ! have copies of it. So maybe you can help me. Certainly neither, Mr. Moore nor Mr.
Yakaboski, who gets paid a quite a good salary, helped me. Now, Mr. Horton, ! would also like to tell
you something else that you and ! have reviewed. Any Town employee, who is driving, whether it is
their insurance or Town insurance, if Mr. Yakaboski and he does have a problem, an allergy problem,
has to take medication, which he should. But if he has any kind of accident while he is on Town
business, the Town can be sued. ! got that from the top of the line, Father Madigan, who is a Dean of
Law and Ethics at Malloy College and St. John's. So, ! think you should look into it. Now, Mr.
Romanelli, how are you darling?
COUNCILMAN ROMANELLI: How are you tonight?
MRS. EGAN: Good, do you like my new hat?
COUNCILMAN ROMANELLI: It's nice.
MRS. EGAN: It is reversible. Three bucks at TJ Maxx, can you beat it? Mr. Romanelli, in regard to
an area that you have some expertise in and said that you would do something about and that
is .... what?
COUNCILMAN ROMANELLI: I don't remember.
MRS. EGAN: Your Alzheimer's is kicking in. This is in regard to noise control and protection of
properties when things are being done. Now, ! don't believe that anything has been done in that
regard. This is important for you to look into. ! have had to call your office and Mr. Horton's many
times in regard to Mr. Mohrs people coming on my property. ! made a sworn statement to a policeman
in regard to what Mr. Mohrs people do, urinating outside my bedroom window. ! don't know what
happens with that statement but ! would imagine that Mr. Mohr, excuse me, Mr. Moore but you are
being rude, ! would hope that the police would pursue that matter and let Mr. Mohr know that that is a
terrible thing to do.
COUNCILMAN MOORE: ! was just clarifying to the Board members that, they thought you were
speaking of me.
COUNCILMAN ROMANELLI: A different Mohr.
MRS. EGAN: Oh, no, I don't like your manners most of the time but I don't think you would be that
bad.
COUNCILMAN MOORE: ! promise not to urinate your way, okay?
February 4, 2003
Southold Town Board meeting
45
MRS. EGAN: Now, I think most of you and I don't know how many of you found out about it and
how quickly you found out about it, Driftwood Cove. This was a terrible, terrible thing. And ! don't
think it was done correctly, and ! have spoken to you about that, Mr. Horton. What should have been
done is that a woman should have been called, probably me, in regard to our busses should have gone
down there. Those people did not have to stay out there in the bitter cold and watch their homes and
their possessions, whatever they are rich or poor or anything, be destroyed. The Red Cross came in, !
think the Auxiliary from the Fire Department in Greenport provided coffee for the Fire Department
and anyone else who wanted it. What should have happened is the busses should have come, schools
should have been open. They should have had the availability of these phones that the Human
Resource other people get. They should have had that. So how many of you were involved in that, !
don't know. But any of you that were, you should hang your head in shame. Now, ! will conclude by
reading something that ! don't think you are going to hear about in Greenport or anything else anymore
and when is President's Day, Mr. Horton, do you know?
SUPERVISOR HORTON: The 17th.
MRS. EGAN: Presidents Day. It is usually in February, correct?
SUPERVISOR HORTON: Correct.
MRS. EGAN: I will read you something that isn't going to happen this year and God only knows what
is going on in our roads and the accidents and the fire department.
SUPERVISOR HORTON: Mrs. Egan, is this specific town business?
MRS. EGAN: This is important, this is town business. "It was cold and the winds were high, but so
was the spirits of the fire units from all Long Island. There were approximately 60 units staffed by
firefighters in full uniform, white gloves, equipment all spick and span. The great Greenport Fire
Department led the parade down Main Street to Front Street. There was that little blue car following
the units with flags flying from the windows, honking her horn, waving at the crowd and especially our
beautiful children. There was added protection by the Southold Police Department. God Bless
America, now and forever." And I hope that you all take that into consideration for our children, this
is not going to happen. It is worth your life to even walk outside here. And Mr. Horton, how about
getting the high school kids to come here on Friday morning to see what is happening to our Town.
And each and everyone one of you should spend 15 minutes here on a Friday morning and see what
has happened to the Town that you thought that you loved, that is so great. That you said was so great,
Mr. Richter.
COUNCILMAN RICHTER: You had better believe it, we have a great town.
MRS. EGAN: Wake up, wake up. It is a lot later than you think. Bye.
SUPERVISOR HORTON: Thank you, Mrs. Egan. Would anyone else care to address the Town
Board?
February 4, 2003
Southold Town Board meeting
46
BARBARA TAYLOR: Good afternoon, my name is Barbara Taylor. I live at 21755 North Road,
Cutchogue. I have a few items that I would like to address the Board on. During the summer, we had
that Zoning Board business and you assigned two Councilmen to come and talk to the people in the
area. That was Councilman Craig Richter and Councilman Tom Wickham. We met at the church, we
talked, we took a walk down, we saw some of the property. We saw the large, gaping hole were they
were sanding it and at that time they said that the, that they were using the sand to cover the landfill,
which we understood. But that the hole was going to be filled, I was wondering, is it really going to be
filled because that was the summer and it hasn't been filled yet, it is still been...
COUNCILMAN RICHTER: Barbara, I remember it is some time ago, I do know we walked over in
that area and I knew we were going to use it for composting in that area. I thought the main concern at
that time was they had a temporary fence up that was worth nothing, that was actually down on the
ground. That was something that needed to be addressed immediately, which it wasn't. It was some
time before...
MS. TAYLOR: No, it wasn't. It is there now.
COUNCILMAN RICHTER: It is there now, I know.
MS. TAYLOR: Initially, when the fence was put up, the posts were placed in the ground and they
started fencing on the north side of the road on Route 48, not even where the homeowners lived. That
was done and two or three days later, I saw that section of fence being taken down and then it was
sometime later that they started fencing where the homes were. I would have thought that they would
have started where the homes were.
COUNCILMAN RICHTER: So would I. I can't tell you the process that they used, I know it is up
now. I do know that they...
MS. TAYLOR: They are concerned about the gaping hole that is there. I took a ride Sunday, also and
I went around the perimeters of the landfill and saw, I don't know exactly how far back it goes, there is
a bunch of trees that I always thought maybe if they were going to do the compost, maybe it would be
further back. We actually drove in on the west side of it and you could see the big truck come down
and the big machine and it is a sight to see. And not only that but the land next to it, the owner has
debris on it, I don't know if he is renting out the land and letting people put debris on it but there is
stones, there is mulch, it is a mess.
COUNCILMAN RICHTER: We have a meeting, I believe, March 4th. Have you been notified yet?
SUPERVISOR HORTON: That should probably be at your house today.
COUNCILMAN RICHTER: We had talked about having the meeting with the community members
and at that time I would like to raise those questions again, sure.
MS. TAYLOR: And then there was the issue of location just a minute ago, possibly of an open door
for the Animal Shelter, possibly to be placed at the Landfill site. I would think that that door would be
closed because in 1938 people lived in that area and they decided to put the landfill there and that has
February 4, 2003
Southold Town Board meeting
47
been an embarrassment to the Town of Southold and atrocious to us. To actually turn around now and
put the Animal Shelter there would be not a sensitive issue, not in the well-being of the people of that
area. And then the third item was in the paper, Mr. Romanelli said that he would much rather see than
see a driving range there, he would like to see a gun, a bottle shooting thing. It seems to me that he
would not like to see that in his neighborhood and I think in the future comments like that should be
kept to oneself. Thank-you.
SUPERVISOR HORTON: Would anyone else care to address the Town Board on town related
business?
MR. CARL1N: You know, looking at that red light gives me an idea. What you got to do, Josh, this is
food for thought. Get yourself a traffic light. Mount it behind you on the wall. Somebody talking, the
green light is on. When they get down to four minutes, the amber light comes on. When the five
minutes is up, the red light is on. Now, you can control that with a remote switch, like they do when
they have the Presidential debates. They have minutes, a light there. Think about that, will you? That
would even beat Tom Wickham's timer he used to have, years ago. Just a couple of questions, Louisa
Evans, I have never asked you a question in a long time. About two years ago, the State Police were
supposed to move out of Fishers Island, did they ever move out of there?
JUSTICE EVAN: Just in December, the State finally passed the legislation we needed. So, the State
Trooper is now gone and our three Constables are back at work.
MR. CARL1N: You have three Constables.
JUSTICE EVANS: It took almost two years to get that through.
MR. CARL1N: Do you still have 75% of the children commuting from Connecticut to Fishers Island
School?
JUSTICE EVANS: I don't think that is what the percentage is any more but I don't know how many
non-State residents attend the schools.
MR. CARL1N: Well, it used to be around 75%. How about the teachers, do you still have quite a bit
of teachers commuting from Connecticut to Fishers Island?
JUSTICE EVANS: Some of the teachers commute over.
MR. CARL1N: And most of your economy is spent from Connecticut in Fishers Island, right? I am
doing it for a reason, for some reason for the future. Believe me, I had to check something. I have two
questions for you, Supervisor Horton, and then if you want to we can go home. You said in the paper
last week, I don't think I could swallow a K-Mart in Southold Town, right? You said that in the
Suffolk Times.
SUPERVISOR HORTON: I meant that literally.
MR. CARL1N: That is what you said, right? Well, don't even waste your time on that, you will never
see a K-Mart out here in Southold. Southold can't support a K-Mart out here, people are not going to
.
"February 4, 2003
Southold Town Board meeting
travel around the South Fork, through Riverhead and come out here when they got one in Riverhead
and plus they are closing those 316 of them. So don't even waste your thoughts on that one. Now, this
one, I would be uncomfortable in allowing a fast food restaurant next to roadside. Now, what did you
mean by that?
SUPERVISOR HORTON: I think that probably refers to Wayside and actually, I was referring to my
own personal thoughts on how I would feel about a fast food restaurant in the downtown business
districts, you know, Cutchogue, Southold.
MR. CARLIN: Well, you are never going to see one downtown and you are never going to see
another one here. Who wants to waste five years to get one put up here? But anyway, let me ask you
the final question here. What do you think of the one we have built now in Mattituck?
SUPERVISOR HORTON: I have never been to it.
MR. CARLIN: But in general, what do you think about it?
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SUPERVISOR HORTON: I don't even own a TV, let alone eat at fast food restaurants. I am just a bit
behind the times.
MR. CARLIN: You know something, I want to tell you something right now because I don't beat
around the bush for no one. I stood here in the middle of 1990, at this podium, and I took on two public
meetings here, loaded with people. Children walking around with signs in their hands, I stood here by
myself and I defended McDonalds. By myself. Being battered all around. And I could go into that for
a long story but I only want to say one thing. But I only want to say one thing, I am willing to bet that
90% of the people that was at those public meetings, sooner or later was in McDonald's with their
children or their grandchildren. Even Suffolk Times employees, I see in there. Good night.
SUPERVISOR HORTON: Would anyone else like to address the Town Board on town related
business? (No response) With that being said, we will close the meeting. Thank you for attending, we
appreciate your input.
Moved by Supervisor Horton, seconded by Councilman Romanelli, it was
RESOLVED that this Town Board meeting be and hereby is declared adjourned at 6:20 PM.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
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Southold Town Clerk