HomeMy WebLinkAboutTB-08/26/2003SOUTHOLD TOWN BOARD
AUGUST 26, 2003
Present:
Supervisor Joshua Y. Horton, Justice Louisa P. Evans, Councilman William D. Moore, Councilman
John M. Romanelli, Councilman Craig A. Richter, Councilman Thomas H. Wickham, Town Clerk
Elizabeth A. Neville, Town Attorney Gregory F. Yakaboski.
IV. 3 For Discussion Item - Sound Barrier and Engineering Report near Landfill Supervisor
Horton reported that the engineer is recommending a 12 ft. wall. A meeting was held with the
community at which the Taylor families were present and the engineer Robert Grover of Greenman-
Pedersen, Inc was called on the telephone and they discussed and worked this out. Councilman
Wickham said that the question was asked to them "do you really want this in your backyard"? and
they said "yes". Supervisor Horton said that the engineer's drawing was shown to them and they
approved. Councilman Richter questioned about return flanking walls on the ends of the wall that
should be about 10-12 ft. on the ends. Supervisor Horton said that he asked Mr. Bunchuck about these
special interlocking connecting devices and he is looking into them. Councilman Romanelli said that
they have talked about this and the neighbors want it and he is ready to go ahead. The question is
"How do we pay for it"? They are checking if there is money in the solid waste management district
operating budget. Councilman Romanelli said that the capping budget is down to $100,000. and the
balance is already allocated to do the necessary little items to complete the project. Justice Evans asked
if there are any contingencies left for the project? Councilman Romanelli said no, $100,000. is needed
to complete the capping project. Councilman Wickham questioned if the project will include
completed fencing. Councilman Romanelli responded that it did. He said that the biggest item left is
the opening of the road and the swap of the Corazzini parcel. There is no money left out of the
capping project to pay for this wall. Supervisor Horton said that if it can't be found in the operating
budget, then it will have to be bonded. This would require a public hearing and notification of
everyone in the Solid Waste Management District because it is a special taxing district. It is
questionable as to whether or not it can come out of Jim Bunchuck's Solid Waste Management District
budget. It
will probably have to be bonded. There was some discussion about possibly including it in an overall
upgrading of the transfer station in next years' budget. However, the Town Board decided that it
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August 26, 2003
2
should be done now. The cost is $66,000. The Town Board directed a resolution be added to the
agenda at this time. However, bonding counsel had not been notified and the paperwork could not be
obtained before this meeting. IV. 6. Church Lane Neighborhood. Recommendation by consultant
Greenman-Pederson to re-zone back to R-40. Councilman Romanelli said that he is ready to say go
with the R-40 zoning and put it out to a public hearing and see what public input we get. Supervisor
Horton stated that he has asked the Town Attorney to prepare the SEQRA resolution and assign
someone to do the SEQRA report. Greenman-Pedersen, Inc. would be available and the Board agreed
that they should be hired. The Town Board directed that resolutions be placed on the agenda to
authorize the SEQRA review for these R-40 zone changes; and to set the date for the public hearing for
8:00 PM, Tuesday, October 7, 2003 and refer them to the Suffolk County Department of Planning and
the Southold Town Planning Board for their review and recommendations. (Resolution numbers 557
& 558).
9:30 AM Appointment re: Animal Shelter, Councilman Moore and Town Engineer James
Richter Councilman Moore explained that they sent out a drawing to Bradley with a request to issue
a report. The report was received and they sat down with the North Fork Animal Welfare League to
incorporate their responses into the report and Town Engineer James Richter did a drawing based on it.
They worked with the architect to make sure that everything was incorporated. The amount that they
expected to spend for the building remains the same $1.3 to $1.5 million. They have been advised by
bond counsel that they will have to include a number of other costs into the bond also such as
architects fees, landscaping, grading, parking, sidewalks, etc. All of the additional costs must be added
into the bond. They also have to provide new water mains running from the Main Road past the Police
Department back to the dog shelter. An added-on extension of the Police Department water line is
currently being used which must be upgraded. Councilman Moore wanted to make it clear that the
cost of the building itself has not changed. It is the additional items that have to be added to it that
must be paid for through the bond. The entire Town Board agreed with the exception of Councilman
Wickham. Councilman Moore reiterated that they have done their homework on everything. They
have talked to the NFAWL and Gillian at the shelter and re-designed everything according to their
recommendations. All through the process they have had the NFAWL on board. He advised that he
has a point by point set of follow-up questions critiquing the Bradley Report and he plans to sit down
with the NFAWL again to double check and go over everything again. Councilman Moore invited
Councilman Wickham, and members of the press to be present at this meeting. Town Engineer James
Richter reported that there was an increase in the size of the building by 634 sq. ft. or .09% based on
the concerns of the NFAWL. Councilman Moore will advise of the date of this meeting. In light of
this, any action on tonight's agenda was held.
10:05AM Supervisor Horton advised that Vito Minei of the Suffolk County Department of Health will
be a little late for his 10:00 AM appointment. In the interim the Town Board reviewed resolution
numbers 526 - 531 on the agenda to be voted upon at the 4:30 PM regular meeting. At the insistence
of Councilman Wickham, the Board placed conditions upon the granting of a waiver to Manzi Homes
(resolution no. 540). 10:15AM Melissa Spiro, Land Preservation Department Head, and Mark
Terry Senior Environmental Planner appeared before the Town Board to explain the numbers on
the "Farmland Acreage" information memorandum. Total farmland inventory acreage is 10,325 acres,
total protected area is 3,158 acres, total unprotected area is 7,167 acres. There are 740 acres in the
pipeline pending preservation. Councilman Wickham set a committee meeting of the Planning &
Zoning Committee for 2:30 PM., Friday, September 5, 2003 with the agenda of "How to Implement
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August 26, 2003
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the Concept of Hamlet Halo Areas". Supervisor Horton said that next week is difficult time-wise and
he cannot attend, however, he would like the meeting to be held for the rest of the Town Board
members. Supervisor Horton stated that it is important to know that Patrick Cleary's experience is
that other communities have gone through this process and Patrick is experienced in conveying
information processes and has a wealth of wisdom in this area.
10:25 AM Vito Minei, Director of Environmental Quality of the Suffolk County Health
Department and Martin Trent, Supervisor of Groundwater appeared before the Town Board to
discuss transferring development rights off lands currently engaged in agriculture. Mr. Minei
distributed handouts with information and laws on the sanitary code, etc. He advised that Article 6
dictates development with regard to the use of sewage disposal systems and the transfer of
development rights. It says that the Suffolk County Health Department does not give credit for active
pieces of agricultural lands or golf courses with regard to transfer of development rights. Mr. Minei
said that they ignore, they don't penalize, they just ignore it. He explained that it will not detract from
the town's TDR policy, but they don't recognize it for sanitary purposes. Mr. Minei presented a draft
map which depicted different allowable housing density in different zones. Zones 3, 5, & 6 permitted
one dwelling unit per 20,000 square feet with both public water and utilizing a sewage system.
Southold is zone 4 which allows two (2) dwelling units per 20,000 square feet provided they have
public water and a sewage system. The purpose of a TDR is to maximize development on some
pieces and sterilize it on others. The minimum lot size without public water is 1 acre. On 100 acres of
farmland there would be a 75% yield. This would allow two dwelling units per acre or 150 units with
public water and on-site sewage disposal. If the town purchased the development rights off the parcel,
they would still allow them to utilize it, as long as you don't go below that density. They would allow
one quarter acre, but you have to get it from Open Space, not Farmland. TDR's must come from Open
Space to go beyond the 2 dwelling units per acre. Mr. Minei said that he advised Henry Raynor that
he would have to go through their waiver relief review procedure.
The DOH Board of Review consists of 3 staff members who hear variances usually once a month.
They generally receive 12-15 applications. It takes about 1-2 months to get on the agenda, then
another several months to get a determination. So you may have extended it by up to 5 months. If it is
put into the SEQRA process, you could save 5-6 months in the application process and gain double
density, 4 dwelling units with public water and leaching pools. Mr. Minei said that he attended a series
of meetings in Southampton when they prepared their "Critical Wild Lands Report" and they wrote in
a chapter regarding meeting SCHD Article 6 standards. Supervisor Horton asked if the Town of
Southold would have the prerogative to exercise this? Mr. Minei said yes. He can move time, but he
can't change the standards for drinking water. He can only change the pecking order in the pile.
Supervisor Horton asked about creating a bank for sanitary flow credits. Affordable Housing and
Accessory apartments were discussed. Mr. Minei said that if it is part of the Town's zoning that they
allow accessory apartments, then the Health Department would allow it, but on residential zoning only,
not on commercial zoning. Supervisor Horton asked if this possibly could be revisited on commercial
sites. Mr. Minei said that they would need a plan from the Town. The Supervisor said that if the
Town is going to put the time and effort into the plan, they need the questions answered.. Mr. Minei
said that they would work with the Town during the preparation of the plan. They would assist in the
draft stages. Supervisor Horton asked if the county tax default properties can be put into the TDR
bank. These are small pieces of property that are used for catch basins or drainage. Mr. Minei said no
it has to be a build-able parcel of property. Substandard lots in single and separate ownership on the
tax map prior to 1981 would be allowed. The year 1981 was the year for the enactment of Article 6 of
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the Health Department Code. The Town of Southampton hired a firm to prepare their "Critical Wild
Lands Report". Mr. Minei suggested deepening the well or changing the orientation of it. The
distance on shallow wells here in Southold is 150 feet. They always try to maximize the development
even on surrounding neighboring properties. Supervisor Horton advised that he would like to try to get
a meeting together with the Planning & Zoning Committee, Valerie Scopaz and the Health Department
to come up with a proposal on how the Town Board will address TDR's. Councilman Wickham
advised that the Planning & Zoning Committee will be discussing hamlet center halos next week, and
offered that perhaps the week after they could discus TDR's. Supervisor Horton said that the Town
would like to initiate programs to work on affordable housing and to take steps to assure that it stays
affordable housing. There are areas in our downtown business districts outside of the Village of
Greenport that do not have public water and sewer. There are concerns about affordable housing and
sanitary flow. Supervisor Horton asked about contacting the Suffolk County Affordable Housing
Commission to sort this out. Mr. Minei suggested that Marion Zucker, Director of this agency and who
works for Thomas Isles, Director of Suffolk County Planning Dept. be contacted and that the Town
work with these two people on this matter.
11:10 AM - The Town Board recessed for a 10 minute short break and will return to discuss Part II -
water supply with the SCHD representatives.
11:20 AM Martin Trent, Supervisor, Groundwater Suffolk County Health Department presented a
water map dated 2000. There have been a lot of problems since this time. A lot of new areas that have
contamination issues that were not addressed by the water map. There are a lot of new pesticides and
herbicides, mtbe gas additives, etc. and they are just beginning to look at these areas to see if there are
any added problems. They are working on a five year plan. Councilman Romanelli advised that the
reason that he brought this up is because he believes it is up to the Suffolk County Water Authority to
determine where water should go, not the Town. In addition, this will add value to the property being
preserved if you give it public water. On the long term plan it is not the Town's right to restrict water.
We are using water as a zoning tool. If that is what you are going to do then "say it!" Mr. Minei stated
that Southold has a continual problem of water quality, not quantity. They would rather see the SCWA
come in with water mains, rather than individual water systems monitored by homeowners. The mix
of the pesticides and chemicals are constantly changing underground and it would be difficult for the
home owners to keep abreast of changing conditions. Then there are several geographical areas in the
Town that desperately need public water such as Hog Neck and Nassau Point because they have a
degraded quality of their groundwater. There is a water supply restriction area around the landfill and
the Evergreen Avenue area imposed by the Suffolk County Health Department. Mr. Mineo expects that
it will take about 2 years to accomplish the SCWA Five Year Plan. Supervisor Horton questioned at
what density does the County no longer play a role in development? Mr. Mineo replied five acres, but
added that they don't really play a role, they just help to give direction. He clarified five acres lots, not
clustered, they would still have a role because they have to approve it ultimately. There are over 135
different pesticides. Martin Trent advised that the SCHD has been working with Cornell University to
produce a report of all pesticides used within the past 25-30 years. Mr. Minei had two reports with
him: a "Farming Report" and a Gaffney Commission Report" that he promised to send copies to the
Supervisor's Office. Justice Evans stated that she believes that zoning should be controlled by land
use, not the water map.
Councilman Romanelli said that right now the water map is being used as a zoning tool and it should
not be. Councilman Wickham said that he has not heard any evidence that the town is preventing
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August 26, 2003
anyone from receiving water. Macari and Henry Raynor are two properties that can't get water. If a
water main runs by a subdivision, then they must connect to it in order to develop their land or provide
five acre zoning. If they have public water and sewage, then it is 20,000s.f. The Health Department
was asked by the Town Board "what level of development they will accommodate"? Mr. Minei said
that the Town is in control, not the Health Department. He said that is it up to the Town Board to
decide the character of the town. Then public water and sewage can define the zoning of the town
accordingly. Valerie Scopaz added that the findings statement put out by the Suffolk County Water
Authority indicated that they would be able to provide water for what ever build-out the Town decides
upon. Mr. Minei affirmed that the quantity is there, it is the quality that they are concerned about.
11:55 AM The Town Board recessed for a lunch break and will convene at 1:30 PM for
Executive Session and review of resolutions.
On motion of Councilman Craig Richter, seconded by Councilman Thomas Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby enters into Executive Session at
1:37 PM for the purpose of discussion Personnel~ a particular person; contracts and litigation.
Vote of the Town Board Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was declared duly ADOPTED.
On motion of Councilman Thomas Wickham, seconded by Councilman William Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby exits from this Executive Session
at 2:00 PM.
Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was declared duly ADOPTED.
2:00 PM the Town Board discussed IV. For Discussion Items as follows: IV. 2. Farmland
Acreage Numbers. The Town Board discussed the $4 million bond for farmland and open space.
The Town Board was in agreement to support it. There are 8,800 acres of farmland targeted for
purchase. At the current rate of $25,000. per acre, it would cost $220 million to purchase everything.
There was some discussion amongst the Board about increasing the $ amount of the bond and the
number of acres to be purchased. However, at this time, Town Board will approve the bond as
presented, it will be placed on the referendum on the November 4, 2003 ballot. It is resolution no. 559
on today's agenda. Supervisor Horton questioned when the Town Board will receive the final
document of the FGEIS? Town Attorney Yakaboski replied that it should be finished and in the hands
of the Board by the end of the week. This will be the rough draft of the FGEIS to be presented to the
Town Board to decide upon the final version of the FGEIS. The Town Board set 2:30 PM Thursday,
September 4, 2003 as the time for a special Town Board meeting for the purpose of discussing
the FGEIS and Friday September 5, 2003 at 2:30 for the purpose of discussing hamlet halo zones. IV.
5 -Mobile Lease Agreement for tower space at the Peconic Police Station. See resolution number
526. Councilman Wickham spoke of the future formation of a committee to discuss a financial
analysis to support the land preservation effort. He hoped to have a mission statement ready for the
next meeting.
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August 26, 2003
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2:35 PM The Town Board reviewed the resolutions to be voted upon at the 4:30 PM regular
meeting. Resolution number 540 regarding the Manzi waiver was discussed by the Town Board. It
was agreed that conditions should be added to it. Councilman Moore will prepare the conditions to be
added to the resolution. The Church Lane neighborhood report was also discussed. Resolution
numbers 557 & 558 were placed on the agenda in regard to the Church Lane neighborhood.
This work session ended at 2:45 PM
Southold Town Board
August 26, 2003
7
SOUTHOLD TOWN BOARD
REGULAR MEETING
August 26, 2003
4:30 P.M.
A Regular Meeting of the Southold Town Board was held Tuesday, August 26, 2003 at the
Southold Town Hall, Southold, New York. Supervisor 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 F. Yakaboski
SUPERVISOR HORTON: Good afternoon and welcome to the August 26, 2003 public meeting of the
Southold Town Board. Please rise and join us in the Pledge of Allegiance. It is the policy of the Town
Board to give the public opportunity to comment both on the resolutions that are on the printed agenda
and as well, on town business that is not on the printed agenda; that you would care to address to the
Board. Prior to voting on the resolutions, ! will open the floor to the public to address the Board on
any of the specific resolutions, the resolutions that are on the agenda. At the completion of the voting
of the resolutions, ! will again open the floor to the public to address the Town Board on town related
business. We have reports, public notices and communications, all of which are available at the Town
Clerk's Office, five days a week Monday through Friday, between the hours of 8:00 A.M. to 4:00 P.M.
If you would care to view any of those, they are accessible to you there. We will move ahead with the
approval.
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the following Town bills be and hereby are ordered paid: General Fund Whole
Town bills in the amount of $181,333.62; General Fund Part Town bills in the amount of $27,823.73;
Highway Fund Whole Town bills in the amount of $14,763.18; Highway Fund Part Town bills in the
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August 26, 2003
amount of $65,235.04; Capital Projects Account bills in the amount of $173,458.75; Landfill Cap &
Closure bills in the amount of $9,736.02; Community Preservation Fund (2% tax) bills in the amount
of $2,250.00; New London Terminal Project account bills in the amount of $10,369.12; Fishers Island
Ferry District bills in the amount of $94,269.14; Refuse & Garbage District bills in the amount of
$128,975.88; Southold Wastewater District bills in the amount of $15,112.42; Fishers Island Sewer
District bills in the amount of $58.29; Southold Agency & Trust bills in the amount of $8,435.70;
Fishers Island Ferry District Agency & Trust bills in the amount of $1,091.32 and Community
Preservation Fund (2% tax) bills in the amount of $616,801.00.
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 Southold Town Board Meeting of July 29, 2003 be and hereby are
ordered approved.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the minutes of the Southold Town Board Meeting of August 12, 2003 be and hereby
are ordered approved.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that a Special Town Board Meeting of the Southold Town Board be held Thursday,
September 4, 2003 at 2:30 P.M.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the next Regular Meeting of the Southold Town Board be held Tuesday, September
9, 2003 at 7:30 P.M.
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. Southold Town's Program for the Disabled - July 2003
2. Southold Town Justice Court, Bruer - July 2003
3. Southold Town Justice Court, Evans - July 2003
4. Recreation Department - July 2003
5. Southold Town Justice Court, Price - July 2003
Southold Town Board
August 26, 2003
6. Board of Town Trustees - July 2003
9
II. PUBLIC NOTICES
1. New York State Department of Transportation Notice of Designation of Restricted Highway,
Route 25 from Tanger Mall in Riverhead to Village Lane in Orient, during reconstruction.
May affect speed limits; weights and dimensions of vehicles; use by pedestrians, equestrians
and animals; parking, standing, stopping and backing up of vehicles; control of persons and
equipment engaged in work. Expires April 30, 2004.
2. US Army Corps of Engineers, NY District, Notice of application of Broadblue, LLC, for a
bulkhead, pier assembly, fill and plantings in Fordham Canal, Shelter Island Sound, Greenport,
Town of Southold. Written comments by September 3, 2003.
3. Southold Town Board of Trustees resolution in relation to scallop season: October 6-19, 2003
dip net or scalp net for non-commercial and October 20-31, 2003 all gear permitted pursuant to
Chapter 77 of the Southold Town Code.
III. COMMUNICATIONS
None
SUPERVISOR HORTON: We have one public hearing this evening, we will commence that at 5:00
P.M., at which point when we go into that public hearing, the public will have the opportunity to
address the Board on that specific public hearing. At this point, I would like to open the floor to the
public in regard to any of the printed resolutions, any of the resolutions that are on the printed agenda.
MELANIE NORDEN: Melanie Norden, Greenport. This is with respect to #540. As you may
remember, at the last town meeting there was a discussion as to the documentation that Manzi Homes
presented vis-h-vis the Suffolk County Water Authority and I wondered if the Town Attorney or
someone else on the Board could clarify the date the contract was signed by the Suffolk County Water
Authority and the signatory of record.
SUPERVISOR HORTON: Does anybody have that information on hand?
TOWN ATTORNEY YAKABOSKI: I can go check with the Planning Board, I think they made sure
that it was here the next day. Let me go check.
COUNCILMAN MOORE: I understand that the think is kicking around the building, however, that
resolution includes a provision that we talked about at the last Board meeting which would be and if
the Board was of a mind to approve it, subject to the provision of a fully executed water contract to
provide that water supply.
MS. NORDEN: I understand that. I would actually like to hear some information about the contract.
Presumably it is now been in house for four or more weeks so we should be actually able to present it.
COUNCILMAN MOORE: Two or more weeks, anyway.
MS. NORDEN: Well, prior to the applicants coming before the Board last time, he indicated that the
contract was in house. In addition, I actually am interested in finding out if in fact, there has been
further discussion on the waiver and under what terms and conditions it is perceived that the
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August 26, 2003
10
application meets the waiver conditions as set forth in the Town bylaws vis-h-vis the moratorium? In
other words, how would one justify approving this particular application, as it does not meet the
development goals as set forth by the Town.
COUNCILMAN MOORE: Well, as a practical matter, if it met the 75% threshold, it wouldn't be
here.
MS. NORDEN: Oh, I certainly understand that.
COUNCILMAN MOORE: My understanding is that approximately 73% of the development
protection proposal as this subdivision goes. So you have to be here for that purpose because you don't
reach 75%, ! will speak my point now rather than have the conversation when we vote on it but one of
the benefits was, in fact, in my opinion the provision of public water in an area where the water is
lousy and in fact because it falls within a designated water problem area, the Water Authority, the
Health Department and the Town and hopefully, most caring people, would like to see public water up
in that area. So there was a benefit to the community in the sense of a private individual bearing a
public burden by providing public water, access to public water in that area.
MS. NORDEN: ! understand that but ! don't really understand how the private citizen is actually
bearing the public burden, if in fact the public still has to pay for hook-ups to access the water.
COUNCILMAN MOORE: They are not paying for the cost of extending the main. There is a
$200,000 cost that he is going to bear privately.
MS. NORDEN: No, ! understand that but who would have actually paid for the cost, otherwise?
Wouldn't it have been the Town? It wouldn't have been the public in any case.
COUNCILMAN MOORE: That is not true. The mains are extended as a function of the Water
Authority determining how many people can hook-up; and can it recover its capital costs by the
number of people who hook-up to it? They can sidestep that equation by saying, there are not enough
houses currently but because a private player is offering to provide the financing, they can justify
going in with fewer hook-ups than they might otherwise do. We did the same thing to (inaudible) we
used Town, Federal Community Development money to put the water line up there in the very first
instance. At no cost to any taxpayer, to the taxpayer's at least immediately affected, obviously.
MS. NORDEN: So would you not have done that again though in that general area? With Town
financing?
COUNCILMAN MOORE: When a private citizen, I will speak for myself and not the Board, when a
private citizen steps up and says that ! am going to spend $200,000 or $250,000 of my own money and
not ask it of you, ! think that we ought to give a long, hard listen to that.
MS. NORDEN: Yeah, but it is not for the benefit of the town, it is for the benefit of Mr. Manzi's
property.
COUNCILMAN MOORE: And those who the water lines will pass along by.
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August 26, 2003
11
MS. NORDEN: But those people will still have to pay certain fees to the Water Authority for hooking
up and have we computed more or less those fees would have been had the Town or another private
individual put the water in?
COUNCILMAN MOORE: I can tell you now that the taxpayers would have fronted $250,000 of
expenses.
MS. NORDEN: I understand that.
COUNCILMAN MOORE: We have chosen to take that off the taxpayer's back.
MS. NORDEN: Yes, but also we are exchanging ....
COUNCILMAN MOORE: Hang on. Mr. Raynor, for example, has donated $250,000 to help us build
an animal facility. We are not going to turn that money away. We are saying thank you very much.
He asked for certain things to be put in there. A picket fence, a flag pole and some other nice little
features that he liked (he is now deceased) but he was happy with what we were working on and he
was happy to donate for that project. Now, that was purely altruistic, ! acknowledge that Mr. Manzi
has a profit motive here but the money is not coming from the taxpayers here.
MS. NORDEN: ! understand that but the taxpayers are making another exchange and the exchange
has to do with the goals of preservation and ! would argue that that fragile environmental land on the
water, that is incredibly precious, does have a value from a tax payer perspective. And so the trade-off
is that basically we are saying that for $250,000 we will make a sacrifice .....
COUNCILMAN MOORE: No, no. No. That is not correct.
MS. NORDEN: Well, that is the argument, that is the continuation of the .....
COUNCILMAN MOORE: No. You are wrong and you have mischaracterized it. The man has got to
go through the SEQRA process, he has to go to the Planning Board, he asked for a green light, stamp,
tell the Planning Board that this map is as ! have drawn it and we say no. All we are granting is a relief
from the moratorium. If we grant this, and the Board can sit there and debate this, he had to come here
at 73%. He offered the public benefit and what does this Board do if it says yes, it is simply saying go
to the Planning Board, go through SEQRA and if in fact you are right and all those environmental
concerns are raised and are a problem for the Planning Board, they will raise that. This is not locking
the Planning Board into the map as drawn by his consultant.
MS. NORDEN: No, I understand that. I do understand that. But I don't understand why Mr. Manzi
can't wait in line like everybody else until the moratorium is lifted. If in fact he chooses not to meet
the 75% criteria, ! have no problem with that.
COUNCILMAN MOORE: (inaudible) the waiver request. What we should say is, we put a waiver
provision in our local law, but don't bother, we really have no intention of no matter how good your
case and in fact, this Town Board granted one, on various different issues. One of which was very
personal hardship.
Southold Town Board
August 26, 2003
12
MS. NORDEN: That is correct and I have never objected to the personal hardship argument. I don't
believe, however, that Mr. Manzi meets that criteria and the other criteria that are in the waiver are
actually very vague. All I am saying is, this is very fragile, environmentally sensitive land and we are,
basically, we are talking about a trade-off between a developer who wants to actually take $250,000
off the tax rolls for public water installation and in exchange for that we are going to say that some of
that land doesn't have that particular value anymore. So, I don't see why Mr. Manzi, in point of fact,
like every other person who chooses for whatever constellation of reasons not to meet preservation
threshold's, I don't see why they simply can't wait in line. In another six months or a year, when the
moratorium is lifted, if Mr. Manzi wants to do the same thing; he can actually apply, just like
everybody else. The point of the moratorium was in fact a planning point, it was to give balance and
time for the Town to develop a thorough going plan and a DGEIS study to look at all of the
ramifications of preservation in this Town. Particularly waterfront property and particularly fragile
bluff property on the Sound. In the case of the moratorium, it doesn't seem to me that we would need
to make any exceptions. And one can understand perhaps a financial hardship exception in a small
family or when a parent has died or other kind of financial circumstances but with respect to a major
developer who is a major player in development and who, and we are talking about very fragile,
environmentally sensitive land, why is it that we must escalate this process and speed it up? Why can't
Mr. Manzi simply obey or wait in line like every other developer?
COUNCILMAN MOORE: We put in 2% of the difference, you are saying that there should be no
waivers ....
MS. NORDEN: 2% apparently it is debatable.
COUNCILMAN MOORE: ...and you are forgetting the environmental process is going to be
analyzed through SEQRA.
MS. NORDEN: I am not forgetting that.
COUNCILMAN MOORE: You keep saying that we are giving away the bluff, we are giving away
this sensitive land. We are not.
MS. NORDEN: I didn't say that we were giving them away.
COUNCILMAN MOORE: It sounds like that is what you are saying.
MS. NORDEN: I just can't understand why Mr. Manzi can't wait until the moratorium is lifted.
SUPERVISOR HORTON: You are conveying to this Board quite clearly that you oppose this
resolution.
MS. NORDEN: Yes. But ! wanted to find from the Board why it is, how this resolution, if approved
meets the criteria as stated. Vis-h-vis the moratorium waiver. That was my original question, ! still
don't understand. The moratorium waiver doesn't indicate that if a developer or if a prospective
applicant does a public good that they get a waiver and the moratorium doesn't, the waiver
circumstances don't indicate anything of what we have been discussing prior to right now. So what are
Southold Town Board
August 26, 2003
13
the criteria, if you were to make that decision, based on the waiver that you yourselves drew up with
the language, under what conditions would Mr. Manzi's application be approved?
COUNCILMAN MOORE: One last factor, don't presume that when the moratorium is over, the
underlying zoning up there will be changed.
MS. NORDEN: I am not presuming that.
COUNCILMAN MOORE: That is two acre zoning right now and so, with the..
MS. NORDEN: ! am not presuming that, ! am just asking about the conditions for the waiver.
COUNCILMAN MOORE: If you have an opportunity to put an application in at 73% development
protection, public benefit of water or wait for the moratorium, the man is on a water map, he can
justify a contract with the Water Authority and will go to our Planning Board with a map based on a
two acre yield. ! think that you ought to just toss that one into the mix and just think about it. Because
don't presume that, we should not weigh waiver requests presuming what we are going to do later on.
MS. NORDEN: No, ! am not suggesting that you do. ! am just asking specifically under what
conditions, what waiver conditions Mr. Manzi's application would be approved? And ! don't have an
answer to that.
COUNCILMAN MOORE: There were two conditions that were imposed on this if the Board were to
grant it, one was the provision, in fact we have it kicking around here, the water contract.
COUNCILMAN ROMANELLI: The water contract was signed on March of '03 by Mr. John Guido.
MS. NORDEN: Okay.
COUNCILMAN MOORE: The second provision, one was the water contract, the second one was the
approval and the language, Tom asked me to write this up because he made a very clear point of this at
the work session. So the language that ! was writing was, if we give this, the approval is given solely
to permit the subdivision application to proceed with all applicable agencies with jurisdiction over the
subdivision over real property and is not an approval of the subdivision application pending before the
Town Planning Board. They came in trying to really shorten the process down, say listen, let the
Town Board dictate what the map was. The Board is not of a mind to do that.
MS. NORDEN: I understand that.
COUNCILMAN MOORE: Okay. And ! respect your entitlement to an opinion as to whether or not
the criteria has been met and ! just tossed out a piece of fact for you to think about, which was as we
think about 73% preservation versus the two acre map when the moratorium is over and that is a real
possibility because he is entitled to public water up there and he is willing to pay for it.
MS. NORDEN: ! understand that. But ! still don't think that the criteria has been met.
Southold Town Board
August 26, 2003
14
COUNCILMAN MOORE: Okay.
MS. NORDEN: With respect to a few of the other resolutions, particularly those resolutions that call
for public hearings on zoning map changes. ! know that Mrs. Egan has raised this point in the past, it
is particularly important, ! think, with this many resolutions related to this many parcels of property
that we actually physically and geographically identify that property, it would be so much easier for
the public. And it is really hard to read this, it is also particularly difficult because we do not have a
zoning map in front of us. So we: A-do not have a zoning map and B-we really don't know where
these properties are. The other thing that ! am a little concerned about with these various public
hearings and resolutions is, it almost has a quality of being rather run-off. In the sense that we have
our large DGEIS study now, we don't have the final...
COUNCILMAN MOORE: Melanie, our Town Attorney can answer the technical details of what
these are about.
MS. NORDEN: Okay.
SUPERVISOR HORTON: So we don't get into further presumptions.
TOWN ATTORNEY YAKABOSKI: Ms. Norden, these are housekeeping measures. They were in
the past, they were resolutions.., people had applied for change of zones, they had been granted in the
past by the Town Board by the Town Board's own motion or by the people involved, we discovered
recently through a court case that was pending that there had been a technical problem with these. So
what the Board decided to do was go back and correct that technical problem. Unfortunately, to
correct it, we had to go through the process again. It is really more of a matter of housekeeping, these
have been approved. The properties have generally been developed according to the zoning in place
and it is more just to correct an error that had been made.
COUNCILMAN WICKHAM: It does not present a change of zone.
TOWN ATTORNEY YAKABOSKI: Correct. It is more affirming the zoning, which is in place.
MS. NORDEN: Okay. And were these applications made initially be individuals for zoning changes?
TOWN ATTORNEY YAKABOSKI: It occurred over a period of years. The majority, I believe were
made by individuals, a couple were probably on the Town Board's own motion. Again, Councilman
Wickham has an excellent point, which is simply this is confirming the zoning. Taking away any cloud
on the zoning that is in place already.
JUSTICE EVANS: The procedure was faulty and we are correcting the procedure.
MS. NORDEN: Okay. Well, were there any ramifications for a faulty procedure having been in
place? In other words, are there any pending suits or any other problems with any of the applicants?
TOWN ATTORNEY YAKABOSKI: We corrected it.
Southold Town Board
August 26, 2003
15
MS. NORDEN: What do you mean corrected it?
COUNCILMAN WICKHAM: There were, but they were dealt with.
MS. NORDEN: Well, what were they?
COUNCILMAN MOORE: The Town successfully defended its actions.
MS. NORDEN: Excuse me?
COUNCILMAN MOORE: The Town won.
MS. NORDEN: On all of these particular cases? If there were suits. So, there is nothing, there is no
litigation pending on any of these changes, in other words.
SUPERVISOR HORTON: That is correct.
MS. NORDEN: And there is nothing that is in any way debated about the changes now?
SUPERVISOR HORTON: That is correct.
MS. NORDEN: The other thing that ! am concerned about it why were these applications not made
again in the original name of the person who applied, if in fact, the original applications were null and
void to begin with? If the zoning changes were made on behalf of a resident of the Town and if it were
determined that those zoning changes had never been appropriately approved, why are these not in the
name of the original applicants?
TOWN ATTORNEY YAKABOSKI: These are being made on the Town Board's own motion to
correct a technical error, since the system problem was with the Town Board level.
MS. NORDEN: And if all of the people that are contiguous property owners or the property owners
that might be affected by these, have they all been notified?
TOWN ATTORNEY YAKABOSKI: Again, it is reaffirming the, what is in place right now and any
procedures that have to be followed by the Town Board will be followed, that are under the law.
SUPERVISOR HORTON: There is another public hearing that is being set for October 7 and that one
is in response to a report that the Town Board received on the Church Lane community and we are
setting a public hearing that will entertain a change of zone for the Church Lane community from...
MS. NORDEN: This is #558? I am sorry.
SUPERVISOR HORTON: That is correct, #558 is a resolution setting a public hearing for October 7
at 8:00 P.M. here at Town Hall specific to the Church Lane community and the properties that are
affected by that. In response to the report that we received back from the consultants that we hired.
Southold Town Board
August 26, 2003
MS. NORDEN:
property.
16
Okay and the report indicated what actually? With respect to the Church Lane
SUPERVISOR HORTON: The reports recommendation recommended the change of zone from LI to
R-40.
MS. NORDEN: Because of what technical errors in the past? I mean that seems like a very big
change.
JUSTICE EVANS: What originally, on the first three resolutions that you are looking at, originally-
and it wasn't this past Town Board-changed zones by resolution. We found out through another
lawsuit that these should have been done by local law. So now we are doing it by local law to affirm
what was done by resolution.
MS. NORDEN: No, I understand that but I mean, in other words, with respect then to the Church
Lane community #558...
SUPERVISOR HORTON: Which is a separate...
MS. NORDEN: So that, those conditions don't apply.
SUPERVISOR HORTON: That is correct.
MS. NORDEN: Okay, so what happened with #558 then? How did it come to the awareness of the
Town Board that Church Lane had been zoned incorrectly all these years?
COUNCILMAN MOORE: That is not the basis by which this act is being considered.
MS. NORDEN: So what is the basis?
COUNCILMAN MOORE: The report that got issued yesterday.
MS. NORDEN: By whom?
SUPERVISOR HORTON: By Greenman/Pedersen.
MS. NORDEN: And the report indicates what?
SUPERVISOR HORTON: It recommends the change of zone from Light Industrial to Residential.
COUNCILMAN WICKHAM: It recommends exactly what the resolution proposes, that we are taking
up today. It recommends holding a public hearing to do it. We are not going to enact this today. We,
if we do adopt this, it will be to move to a public hearing to consider the change of zone that has been
recommended by this Greenman/Pedersen report.
MS. NORDEN: I know but I am asking why was that recommended?
Southold Town Board
August 26, 2003
17
COUNCILMAN WICKHAM: The report is available and it is a very good one.
MS. NORDEN: Well, can you just summarize it very briefly?
SUPERVISOR HORTON: I will read the conclusion. What I am going to do, Melanie, actually I have
a copy of this report here and ! will hand it over so that you can review it, where you can see how they
came to the recommendation that they did.
MS. NORDEN: But what is the, I just wanted a very quick summary, I mean this is also for the public
record in preparation for the hearing. Presumably this firm has been asked, was the firm asked by the
Town Board to review ....
SUPERVISOR HORTON: Hired by the Town Board.
MS. NORDEN: And they recommended that the zone be changed?
COUNCILMAN WICKHAM: The consultants made two findings that I can recall off the top of my
head. The first is that the light industrial zoning that has been applied to that area is very awkward and
sub-optimal because the lots are so small and generally industrial uses should have larger lot sizes than
exist there. Secondly, they found that this is an historic community with real roots that has a right, has
every right to exist and to continue as an organic part of this town, as a residential community. And
for that reason, they recommended it R-40.
MS. NORDEN: Okay, so the recommended zone changes for just the residents of the Church Lane
community and not for the industrial properties that surround or abut the Church Lane community? Is
that correct.
SUPERVISOR HORTON: That is correct.
MS. NORDEN: Okay. Thank you.
SUPERVISOR HORTON: Thank you. Would anyone else care to address the Town Board?
HENRY DRUM: My name is Henry Drum, ! was here two weeks ago. Mr. Supervisor, members of
the Board, ! just want to say that ! support this acquisition on this #540, the Manzi property of 25.79
acres. It gives us the opportunity to acquire about 90% of the farmland on this parcel, 15.7 acres and
last meeting there was a question in the newspaper saying--open space; how much open space is
preserved on this piece? Did not meet the 75% requirements. Perhaps people don't realize that this
piece, the farmland preserved 15.7 acres, 2.5 acres from the bluff out to the sea by law will be
preserved, then there is 2.3 acres on the right of way, a right of way which will be preserved and then
from the bluff back, town requirement that no building be on the 1.7 acres, which means there will be
22 plus acres of open space will remain open. About 3 lA acres will be left to build. ! don't think this
is understood by many, many people. Again, ! think that this is a fine opportunity for Southold Town
to preserve farmland. Thank you.
Southold Town Board
August 26, 2003
18
SUPERVISOR HORTON: Thank you, sir. Would anyone else care to address the Town Board on the
resolutions? Yes, Mrs. Egan.
JOAN EGAN: Yes, good evening everybody. Good evening, Mr. Horton, Mr. Moore, Mr. Richter,
Mr. Romanelli, Mrs. Evans, Mr. Wickham, Mrs. Neville and Mr. Yakaboski. ! have a lot to say. First
off, ! think that you throw too many of these big changes added, and we only find out when we get
here. We don't have time to prepare ourselves and as this lovely lady said, there should be a big map
up here for us to look at. She has addressed most of the things, ! have quite a few others. Now, this is
what ! got this morning, which did not include a lot of what is on this final one and that makes me
upset but let's deal with what we do have. Now, #526, what is wrong with what we have.
SUPERVISOR HORTON: It is obsolete computer equipment.
MS. EGAN: Why?
SUPERVISOR HORTON: As close to a technical answer as ! can provide for you is that it is
equipment that either doesn't work or has been phased out of our data processing.
MS. EGAN: Or maybe not been taken care of or over used by other people for other reasons. Alright,
#528, when was she hired and why is she being replaced and by whom? ! mean, if we are good enough
to give jobs to some of these people and they quit on us prematurely or is this somebody for vacation..
SUPERVISOR HORTON: Devin is a student and is returning to school.
MS. EGAN: And when will she finish here? And will she be replaced? Was she hired for somebody
to go on vacation?
SUPERVISOR HORTON: We actually are fortunate that we, not only the Town but the Town Board
is also fortunate, the Town also is fortunate particularly in the summertime, we try to provide an
opportunity for students in the community to work in various offices in the Town. So, mostly a
program that exists during the summer.
MS. EGAN: Because of other people going on vacation and they fill in and hopefully learn something.
Is that what you are telling me?
SUPERVISOR HORTON: They do certainly learn something, yes.
MS. EGAN: So, now, #529, I think overall, now we are talking about the Human Resource...
SUPERVISOR HORTON: That is correct.
MS. EGAN: Well, we seem to be spending a lot of money there, I don't see what is happening. I
would also likely and very strongly recommend that we cease and desist with microwaves up there.
Microwave ovens are causing cancer. ! realize they use a lot less electricity, ! realize they expedite
things but ! don't think that you should spend any real money on microwaves. Now, #530. Now, what
is that all about?
Southold Town Board 19
August 26, 2003
SUPERVISOR HORTON: This is again for the Human Resource Center.
MS. EGAN: Again for the .... we seem to be spending ....
SUPERVISOR HORTON: Mrs. Egan.
MS. EGAN: ! don't mind our spending it but ! want to see it spent .... don't interrupt me.
SUPERVISOR HORTON: Okay.
MS. EGAN: Now, again here #531. Now when you say disposal, do we give it to a school, do we
give it out to bid ....
SUPERVISOR HORTON: If it doesn't work, we dispose of it. We are not going to recycle broken
equipment; we are not going to pawn it off on people.
MS. EGAN: You have tested it yourself, Mr. Horton?
SUPERVISOR HORTON: No, ! haven't.
MS. EGAN: And #533 is the same, oh no, this is a different one. Again, we are getting new people, a
food service--again, what qualifications. This again falls under whose authority? Karen McLaughlin?
SUPERVISOR HORTON: That is correct. The Human Resource Director.
MS. EGAN: And again, #534, that is another one who is leaving us.
SUPERVISOR HORTON: That is correct. This is for the.., this is out of the Town Historian's
Office.
MS. EGAN: Now, this one ! like but is it available when it is finished? #536 for court reporters.
When she transcribes her notes, are they available to all of us?
SUPERVISOR HORTON: Yes, you can actually request them out of the Town Clerk's Office.
MS. EGAN: Okay, now, oh, yes, the recreation program #537. ! would presume for the most part,
through the fall, through the spring we are talking about things being done at our Community Center
on Peconic Lane?
SUPERVISOR HORTON: These are for programs that we run out of the Peconic Recreational Center.
MS. EGAN: Yes, now have you been in there recently?
SUPERVISOR HORTON: Yes.
MS. EGAN: Good. Was it raining and leaking?
Southold Town Board 20
August 26, 2003
SUPERVISOR HORTON: No.
MS. EGAN: No? Was the air-conditioning working?
SUPERVISOR HORTON: Yes.
MS. EGAN: Really? Were the bathrooms clean?
SUPERVISOR HORTON: Yes, Mrs. Egan. Do you have questions on any of the other resolutions?
MS. EGAN: Yes, ! do. Because ! went there many times and it was not kept up very well at all.
Actually that is where the new Police Station should be. It would be wonderful, save a lot of money.
Now, ! am almost finished. You are all relaxing up there, ! am sure. Oh, now, #546, that sounds very
nice. Do we have to give into them for something else?
SUPERVISOR HORTON: No, at a program that they have they are donating computers to the Human
Resource Center.
MS. EGAN: ! don't dispute...
SUPERVISOR HORTON: There are no strings attached.
MS. EGAN: No, we'll wonder about that. Now, again we are playing musical drivers with the mini-
bus program. Why is it that as ! have said at many, many, many meetings we can't seem to keep either
part-time or full-time employees very long unless they have big jobs or connections and that means a
change of personnel. As far as the mini-drivers are concerned on these buses, which ! pushed even
when former administration here, people who use it, they like to know the bus drivers and they like the
bus drivers to know them. So, let's see if we can't get some people who will stay for maybe six
months to a year.
SUPERVISOR HORTON: Okay.
MS. EGAN: Say yes. Don't say okay, you know ! don't like okay.
SUPERVISOR HORTON: That is true, you don't like that. Will do.
MS. EGAN: Huh?
SUPERVISOR HORTON: Will do.
MS. EGAN: So say yes.
SUPERVISOR HORTON: Mrs. Egan, you are pressing me. Yes.
MS. EGAN: That is better.
Southold Town Board
August 26, 2003
21
SUPERVISOR HORTON: Yes, ma'am. I am a quick study. Would anyone else care to address the
Town Board on the resolutions that are on the agenda? (No response) So we will move ahead,
actually, we have a public hearing set for 5:00 P.M., so I would like to move into that public hearing.
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board meeting be recessed in order to hold a public hearing on the matter
of THE APPLICATION REQUESTING A WAIVER FROM THE PROVISIONS OF THE
LOCAL LAW ENTITLED "TEMPORARY MORATORIUM ON THE PROCESSING~
REVIEW OF, AND MAKING DECISIONS ON APPLICATIONS FOR MAJOR
SUBDIVISIONS~ MINOR SUBDIVISIONS AND SPECIAL EXCEPTION USE PERMITS AND
SITE PLANS CONTAINING DWELLING UNIT(S) IN THE TOWN OF SOUTHOLD" FOR
THE MINOR SUBDIVISION OF JOSEPH A. CHEREPOWICH~ SCTM #1000-38-1-1.3 & 1.4.
Meeting reconvened at
#526
Moved by Councilman Richter, seconded by Councilman Moore,
WHEREAS the Town Board determined that certain computer equipment was obsolete, and
WHEREAS the Town Board has solicited bids for said obsolete computer equipment, and
WHEREAS no bids were received, now therefore be it
RESOLVED that the Town board of the Town of Southold hereby authorizes the disposal of the
following obsolete computer equipment:
Asset #
1266
1770 IBM Laser
1978 IBM Laser
2001 IBM Laser
2002 IBM Laser
2066 IBM Laser
2087 IBM Laser
2324 IBM Laser
2309 Dell PC
Vote of the Town Board: Aye: Councilman Wickham,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Description
IBM Laser Printer
Printer
Printer
Printer
Printer
Printer
Printer
Printer
Councilman Richter, Councilman Romanelli,
#527
Moved 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 Neville to advertise for bids for the supply of sports equipment (soccer & lacrosse
nets & goals, players benches, bleachers) for the Strawberry Fields Fairgrounds.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Southold Town Board
August 26, 2003
22
#528
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Devin
Bridgen from his position of Student Intern I with the Town Clerk's Office, effective July 11,
2003.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#529
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2003 budget as follows:
From:
Appropriations:
A. 6772.4.100.700
To
Appropriations:
A.6772.2.500.700
Programs for the Aging
Contractual Expense
Food
Vote of the Town Board:
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
$1000.00
Programs for the Aging
Other Equipment
Kitchen Equipment $1000.00
Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
#530
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of $outhold hereby modifies the General Fund
Whole Town 2003 budget as follows:
From:
Appropriations:
A.6772.4.400.805
Programs for the Aging
Contracted Services
Garbage Removal
$ 500.00
To
Appropriations:
A.6772.4.600.300
Vote of the Town Board:
Programs for the Aging
Miscellaneous $ 500.00
Travel Reimbursement
Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#531
Southold Town Board
August 26, 2003
23
Moved by Councilman Richter, seconded by Councilman Moore,
WHEREAS the Town Board determined that certain equipment was obsolete, and
WHEREAS the Town Board has solicited bids for said obsolete computer equipment, and
WHEREAS no bids were received, now therefore be it
RESOLVED that the Town board of the Town of Southold hereby authorizes the disposal of the
following obsolete equipment:
Description
SHARP SF7900 Copy Machine - Serial No. 56603084
FELLOWES Powershred - 3200 CC - Serial No. 1171.913.01239K
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#532
Moved by Councilman Moore, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold here by grants permission to Walter
Teresko to locate one (1) security trailer on his property for a six (6) month period._ Location of
property is 1285 New Suffolk Road, Cutchogue, 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.
#533
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Kareu Gaffga to the
position of Part-Time Food Service Worker at the Southold Town Human Resource Center, at
the rate of $10.25 per hour, effective September 3, 2003.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#534
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby extends the part-time student
internship of Matthew Cortese in the Town Historian's office, working four hours per week, at a
salary of $9.54 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.
#535
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby approves the application of the
Mattituck Lions Club to use the Strawberry Fields Fairgrounds for their "Annual Fall Festival
on October 3~ 4~ & 5~ 2003 for their fund raising event as outlined in their application, provided they
Southold Town Board
August 26, 2003
24
file with the Town Clerk a One Million Dollar Certificate of Liability Insurance for both the County of
Suffolk and the Town of Southold as additional insured.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#536
Moved by Councilman Richter, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part
Town 2003 budget as follows:
To:
Zoning Board of Appeals, P.S.
Court Reporters $6,000
B.8010.4.500.400
From:
B.8010.1.100.100
Zoning Board of Appeals, P.S.
Regular Earnings $6,000
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#537
Moved by Councilman Moore, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor
Joshua Y. Horton to execute an agreement with the following individuals for the fall 2003 recreation
programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below
has been budgeted for in the recreation department's 2002 instructor line A7020.4.500.420.
Thomas Boucher (guitar) ...............................................................
Eugenia Cherouski (folk dancing) ...................................................
Custer Institute (stargazing) ...........................................................
(children's astronomy) .............................................
Shirley Darling (tennis) ..................................................................
Steve Delaney (teen nights) .............................................................
Martha Eagle (aerobics) .................................................................
East End Kids (crime stoppers) ............................................................
East End Insurance Services (defensive driving) .............................
Dan Gebbia (dog obedience) .........................................................
Carol Giordano (baton) ...................................................................
Tricia Graffagnino (teen nights) ........................................................
David Haurus (golf) .........................................................................
Mary Hewitt (creative scrapbooking) ....................................
Hidden Lake Farms (horseback riding) .........................................
Rosemary Martilotta (Hatha yoga) ......................................
Tom McGunnigle (golf) ................................................................
Jim Mikelbank (youth basketball) .......................................
Theresa Pressler (youth program) .......................................
Virginia Ross (horseback) .............................................................
$25/hour
$25/hour
$45/person
$30/person
$25/class
$20/hour
$30/hour
$50/person
$30/person
$45/dog
$25/class
$20/hour
$38/person
$20/hour
$215/person
$55/class
$45/person
$25/hour
$25/hour
$140/person
Southold Town Board
August 26, 2003
25
Touch Dancing Studios (social dance) .................................. $48/person
Paine Webber/Steve Guglielmoni (financial management) .............. $20/person
Laurie Sanders (decorative painting) ................................................ $20/hour
Laurie Short (bodyworks/aerobics) .......................................... $22/hour
Steve Smith (weight training) ............................................................. $25/hour
Dorothy Wolf (bridge) ..................................................................... $25/hour
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#538
Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of
Francesca Quintieri from her position of Student Intern in the Southold Town Clerk's office.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#539
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Peterbilt of
Maine~ Inc. in the amount of $67~170.00~ for the purchase of one (1) 2003 Peterbilt ten wheel
dump truck for use by the Southold Town Highway Department. Funding to be from Highway
Department account H5130.2.300.300.
COUNCILMAN RICHTER: ! would just like to add on this, from speaking with Pete, he got a really
good buy on this vehicle, too.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#54O
Moved by Councilman Wickham, seconded by Councilman Romanelli,
WHEREAS an application has been made by Manzi Homes, Inc. for a waiver from the provisions of
Local Law #3 of 2002 (and extended by Local Law #3 of 2003 and Local Law 13 of 2003) entitled
"Temporary Moratorium on the Processing, Review of, and making Decisions on applications for
Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing
Dwelling Unit(s) in the Town of Southold" pursuant to Section 6 "Appeal Procedures" of Local Law
#3-2002 to permit the Planning Board to consider an application for a minor subdivision for the parcel
of property known as SCTM# 1000-83-2-9.1; and
WHEREAS the application involves the subdivision of a 25.79 acre parcel into 5 lots; and
WHEREAS the Town Board has reviewed the file, conducted a public hearing, and considered all
pertinent documents; and
WHEREAS the criteria that the applicant must meet is set forth in section 6. (Appeal Procedure) of
Local Law #3-2002, Local Law #3-2003 and Local Law #13-2003 and the section states:
Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary
or waive the application of any provision of this Local Law, in its legislative discretion, upon
Southold Town Board
August 26, 2003
26
its determination, that such variance or waiver is required to alleviate an extraordinary hardship
affecting a parcel of property. To grant such request, the Town Board must find that a variance
or waiver will not adversely affect the purpose of this local law, the health, safety or welfare of
the Town of Southold or any comprehensive planning being undertaken in the Town. The
Town Board shall take into account the existing land use in the immediate vicinity of the
property and the impact of the variance or waiver on the water supply, agricultural lands, open
and recreational space, rural character, natural resources, and transportation infrastructure of
the Town. The application must comply with all other applicable provisions of the Southold
Town Code.
WHEREAS the Town has hired a "moratorium group" consisting of in-house and outside planners
and attorneys who are working on a "Comprehensive Implementation Strategy" of the Comprehensive
Plan of the Town of Southold and certain comprehensive planning currently being undertaken
includes, but is not limited to a 80% preservation of open space throughout the Town and a 60%
reduction in density and clear establishment of the Hamlet Centers and a possible Transfer of
Development Rights component (a full description of the "action" is set forth in the SEQRA
Resolution dated January 7, 2003 for the Southold Comprehensive Implementation Strategy which is
incorporated by reference into this decision); and
WHEREAS the Town Board finds that the application is not in contrast with the extensive planning
initiatives being undertaken by the "moratorium group", or the Comprehensive Plan of the Town of
Southold; and
WHEREAS the Town Board finds that this application will not adversely affect the purpose of the
Local Law # 3 of 2002, Local Law #3 of 2003 and Local Law #13 of 2003; and
WHEREAS the Town Board of the Town of Southold finds that the application will not adversely
affect the health, safety, or welfare of the Town of Southold; and
WHEREAS the Town Board of the Town of Southold finds that the minor subdivision application is
consistent with the existing land use in the surrounding area and has a minimal impact on water supply,
rural character, natural resources and transportation infrastructure of the Town; and
WHEREAS the Town Board of the Town of Southold finds that the application has no effect on
agricultural lands and open and recreational space; and
WHEREAS based on the application, all relevant documentation, the comments set forth at the public
hearing on this matter, the comprehensive planning currently being undertaken by the Town, the above
referenced facts, and the criteria set forth in Local Law No. 3 of 2002 and extended by Local Law No.
3 of 2003 and Local Law#13 of 2003 Section 6. Appeals Procedures, the applicant has met its burden
pursuant to the criteria; and
Be it RESOLVED by the Town Board of the Town of Southold that the application is hereby
approved~ subiect to the followin~ conditions:
A. Applicant shall provide the Town Clerk with a fully executed copy of its contract with
the Suffolk County Water Authority for the extension of the public water supply, and
B. That this approval is given solely to permit the subdivision application to proceed with all
applicable agencies with jurisdiction over the subdivision of real property and is not an
approval of that subdivision application pending before the Southold Town Planning Board.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Southold Town Board 27
August 26, 2003
RESCINDED-September 9, 2003 by #561
#541
Moved by Councilman Richter, seconded by Justice Evans,
WHEREAS the Southold Town Board intends to ratify a previous zone change to conform to the
Town Code and other legal requirements, and
WHEREAS, the petitioner has requested to amend the Zoning Map of the Town of Southold by
changing the Zoning District designation of SCTM# 1000-55-2-24.4 from Agricultural-Conservation
(A-C) to Business (B); and
WHEREAS, the Local Law is entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF
THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF
SCTM # 1000-55-2-24.4 FROM AGRICULTURAL-CONSERVATION (A-C) TO BUS1NESS (B)";
now therefore be it
RESOLVED that pursuant to Section 265 of the Town Law and requirements of the Code of the Town
of Southold, Suffolk County, New York, 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 at 8:00 p.m, Tuesda¥~ September % 2003. The purpose of this Local Law is to ratify the
change of Zoning District Designation of SCTM # 1000-55-2-24.4 from Agricultural-Conservation (A-
C) to Business (B). The petitioner for this request is Robert A. Moeller of Van Duzer Appliance Co.
The property is approximately 0.69 acres located at the north side of North Road (C.R. 48), 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.
RESCINDED-September 9, 2003 by #561
#542
Moved by Councilman Moore, seconded by Justice Evans,
WHEREAS the Southold Town Board intends to ratify a previous zone change to conform to the
Town Code and other legal requirements, and
WHEREAS, the petitioner has requested to amend the Zoning Map of the Town of Southold by
changing the Zoning District designation of SCTM# 1000-70-1-6 from Agricultural-Conservation (A-
C) to Affordable Housing District (AHD); and
WHEREAS, the Local Law is entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF
THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF
SCTM # 1000-70-1-6 FROM AGRICULTURAL- CONSERVATION (A-C) TO AFFORDABLE
HOUSING DISTRICT (AHD)"; now therefore be it
RESOLVED that pursuant to Section 265 of the Town Law and requirements of the Code of the Town
of Southold, Suffolk County, New York, 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 at 8:05 p.m, Tuesda¥~ September % 2003. The purpose of this Local Law is to ratify the
change of Zoning District Designation of SCTM # 1000-70-1-6 from Agricultural-Conservation (A-C)
to Affordable Housing District (AHD). The petitioner for this request is Southold Villas, Inc. The
property is approximately 18.021 acres located north of SR 25 (Main Road) approximately 1108' east
of Ackerly Pond Lane, Southold (also presently known as Blossom Lane, Apple Ct., and Jasmine
Lane).
Southold Town Board
August 26, 2003
28
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
RESCINDED-September 9, 2003 by #561
#543
Moved by Councilman Romanelli, seconded by Councilman Moore,
WHEREAS the Southold Town Board intends to ratify a previous zone change to conform to the
Town Code and other legal requirements, and
WHEREAS, the petitioner has requested to amend the Zoning Map of the Town of Southold by
changing the Zoning District designation of SCTM# 1000-140-2-16 from Light Industrial (LI) and
Residential Office (RO) to Hamlet Business (HB); and
WHEREAS, the Local Law is entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF
THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF
SCTM # 1000-140-2-16 FROM LIGHT INDUSTRIAL (LI) AND RESIDENTIAL OFFICE (RO) TO
HAMLET BUS1NESS (HB)"; now therefore be it
RESOLVED that pursuant to Section 265 of the Town Law and requirements of the Code of the Town
of Southold, Suffolk County, New York, 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 at 8:10 p.m, Tuesda¥~ September 9~ 2003. The purpose of this Local Law is to ratify the
change of Zoning District Designation of SCTM# 1000-140-2-16 from Light Industrial (LI) and
Residential Office (RO) to Hamlet Business (HB). The petitioner for this request is William F. Gasser
and The American Armoured Foundation, Inc. The property is approximately 32,109 square feet in
area and is located at Love Lane on the north side of the Long Island Railroad, Mattituck, 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.
#544
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby approves the amount of the
performance bond to be required for the minor subdivision of Robert Schreiber located at the
north side of Oregon Road~ west of Alvah's Lane~ Cutchogue SCTM#1000-95-1-4 in the amount of
$68,590.00 plus an administrative fee of $4,115.40 as recommended to them by the Southold Town
Planning Board, the Town Engineer, and the Superintendent of Highways.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#545
Moved by Councilman Wickham, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Horton to execute a lease with T-mobile for use of one of a portion of one of the
towers at the police station such lease subject to Town Attorney approval.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
Southold Town Board
August 26, 2003
This resolution was duly ADOPTED.
29
#546
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of $outhold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute a letter of Agreement with the Keyspan Foundation for
their donation of Personal Computer Equipment to the Southold Town Senior Services Program.
SUPERVISOR HORTON: I would just like to say very briefly that bringing computers into the
Human Resource Center, I think greatly adds to the Human Resource Center. Over the past year and a
half it has become more and more progressive and branching out to various ways of serving our senior
citizen community and is very much on the cutting edge. $o this is yet another evidence of that.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#547
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the Solid Waste District
2003 budget, as follows:
To
SR 8160.2.500.200 Garage & Shop Equip. $ 500.00
SR 8160.2.500.600 Misc. Sanitation Equip. $ 100.00
SR 8160.4.100.225 Lubricants $ 1,000.00
SR 8160.4.100.550 Maint/Komatsu Loader $ 2,500.00
SR 8160.4.100.570 Maint/John Deere Loader $ 2,000.00
SR 8160.4.100.600 Misc. Equip. Maint./Supplies $ 500.00
SR 8160.4.100.630 Maint/SW Coord. Vehicle $ 150.00
SR 8160.4.100.800 Maint/Facilities & Grounds $ 500.00
SR 8160.4.400.625 Tire Repair $ 250.00
SR 8160.4.400.810 C&D Removal $10,000.00
SR 8160.4.400.700 Equipment Rental $ 2,000.00
From
SR 8160.4.100.900
SR 8160.4.400.805
Vote of the Town Board:
Landscaping Supplies $ 2,000.00
MSW Removal $17,500.00
Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#548
Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 Community
Preservation Fund as follows:
To:
H3.8660.2.500.200 Appraisals $15,000.
From:
H3.8660.2.600.100 Land Acquisitions $15,000
Southold Town Board
August 26, 2003
30
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
RESCINDED-September 23, 2003 by #614
#549
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of
Sabrina Crenshaw from her position as a part-time Mini Bus Driver with the Human Resource
Center, effective October 4, 2003.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#550
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants a salary increase of 4% to
Kevin J. Morone¥~ Fishers Island Ferry District Captain, effective September 7, 2003.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
RESCINDED-September 9, 2003 by #561
#551
Moved by Councilman Richter, seconded by Justice Evans,
WHEREAS the Southold Town Board intends to ratify a previous zone change to conform to the
Town Code and other legal requirements, and
WHEREAS, the petitioner has requested to amend the Zoning Map of the Town of Southold by
changing the Zoning District designation of SCTM# 1000-103-1-19.2 and p/o 19.11 from Residential
Office (RO) to Business (B); and
WHEREAS, the Local Law is entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF
THE TOWN OF SeUTHeLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF
SCTM # 1000-103-1-19.2 AND p/o 19.11 FROM RESIDENTIAL OFFICE (Re) TO BUS1NESS
(B)"; now therefore be it
RESOLVED that pursuant to Section 265 of the Town Law and requirements of the Code of the Town
of Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a public
hearin~ on the aforesaid local law at the Southold Town Hall~ 53095 Main Road~ Southold~ New
York at 8:15 p.m, Tuesda¥~ September 9~ 2003. The purpose of this Local Law is to ratify the
change of Zoning District Designation of SCTM# 1000-103-1-19.2 and p/o 19.11 from Residential
Office (Re) to Business (B). The petitioner for this request is Reynold and Herman Blum. The
property is approximately 5.683 acres and is located at the south side of Main Road, 737.32 feet west
of Harbor Lane, Cutchogue, 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.
Southold Town Board
August 26, 2003
31
#552
Moved by Councilman Moore, seconded by Councilman Richter, it was
RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6
Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby
sets Tuesday, September 9, 2003, at 8:20 p.m., Southold Town Hall, 53095 Main Road, Southold,
New York as the time and place for a public hearing for the purchase of a development rights
easement on agricultural lands for a certain parcel of property owned by Sandra Scott and John
Scott.
Said property is identified as SCTM #1000-102-2-23.4 and as 31025 Main Road, Cutchogue. The
property is located on the north side of Main Road, approximately 200 feet east of the intersection of
Main Road and Stillwater Avenue, in Cutchogue. The proposed development rights easement
comprises approximately 9 acres of the 43.294 acre farm. There is an existing development rights
easement on 23 acres of the 43.294 acre parcel. The exact area of the development rights easement is
to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to
the contract closing. The purchase price is $23,000 (twenty-three thousand dollars) per acre. The
property is listed on the Town's Community Preservation Project Plan as property that should be
preserved due to its agricultural value.
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of
land is on file in Land Preservation Department, $outhold 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.
#553
Moved by Councilman Romanelli, seconded by Councilman Moore, 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 Nelson, Pope & Voorhis to conduct an
evaluation pursuant to the State Environmental Quality Review Act (SEQRA) to address the
environmental issues pertinent to the Change of Zone application of Robert A. Moeller of Van Duzer
Appliance Co. at a cost of Seven hundred ($700.00) dollars as per their proposal dated August 26,
2003.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#554
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 the firm of Nelson, Pope & Voorhis to conduct an
evaluation pursuant to the State Environmental Quality Review Act (SEQRA) to address the
environmental issues pertinent to the Change of Zone application of $outhold Villas, Inc. at a cost of
Seven hundred ($700.00) dollars as per their proposal dated August 26, 2003.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Southold Town Board
August 26, 2003
32
#555
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 hire the firm of Nelson~ Pope & Voorhis to conduct an
evaluation pursuant to the State Environmental Quality Review Act (SEQRA) to address the
environmental issues pertinent to the Change of Zone application of William F. Gasser and The
American Armoured Foundation, Inc. at a cost of Seven hundred ($700.00) dollars as per their
proposal dated August 26, 2003.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#556
Moved by Councilman Richter, 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 hire the firm of Nelson~ Pope & Voorhis to conduct an
evaluation pursuant to the State Environmental Quality Review Act (SEQRA) to address the
environmental issues pertinent to the Change of Zone application of Reynold and Herman Blum at a
cost of Seven hundred ($700.00) dollars as per their proposal dated August 26, 2003.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#557
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of $outhold hereby authorizes and directs
Supervisor Horton to execute all necessarv documents to retain the firm of Greenman-Pederson
to conduct the SEQRA review and prepare all appropriate resolutions for the local law entitled
"A Local Law to change the zoning district designation of certain parcels of property known as Suffolk
County Tax Map (SCTM) # 1000-96-1-3; 1000-96-1-4.1; 1000-96-1-5.1; 1000-96-1-6; 1000-96-1-7;
1000-96-1-8; 1000-96-1-9; 1000-96-1-11.1; 1000-96-1-12; 1000-96-1-13.1; 1000-96-1-14; 1000-96-1-
15; 1000-96-1-16; 1000-96-1-18.2; and 1000-96-1-18.3 from the (LI) Light Industrial Zoning District
designation to the (R-40) Residential Zoning District Designation."
COUNCILMAN MOORE: Mr. Supervisor, if I may make a suggestion. Although I have spoken out
in favor of revisiting and fixing the zoning up at Church Lane, this report didn't come in until
yesterday and I was out of the office and out of town yesterday so I haven't had a chance to read it. I
don't know if the Board has had a chance to read it, if they have, feel free to go ahead and vote on it
but I would abstain at this point on #557 and #558 only for the chance to read it, to get set for the
hearing two weeks hence.
SUPERVISOR HORTON: I take your point on that.
COUNCILMAN MOORE: I move to table #557, if that is how you want to do it.
SUPERVISOR HORTON: I would like to continue on and set the public hearing.
COUNCILMAN WICKHAM: Bill's comment earlier that we haven't all of us had a chance to read it,
I actually have read the report and I think it is a very good report. I would like this to go forward and
go to public hearing and to engage the firm, so I would like to move the resolution.
Southold Town Board
August 26, 2003
33
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter,
Justice Evans, Supervisor Horton. Abstain: Councilman Moore.
This resolution was duly ADOPTED.
Councilman Romanelli,
#558
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that pursuant to Section 265 of the Town Law and requirements of the Code of the Town
of Southold, Suffolk County, New York, that the Town Board of the Town of Southold hereby sets
Tuesday October 7~ 2003 at 8:00 pm at the SOUTHOLD TOWN HALL~ 53095 Main Road~
Southold~ New York as the time and place to hold a public hearing on the aforesaid Local Law.
The purpose of the Local Law is to Change the Zoning District Designation certain parcels of property
known as Suffolk County Tax Map (SCTM) #1000-96-1-3; 1000-96-1-4.1; 1000-96-1-5.1; 1000-96-1-
6; 1000-96-1-7; 1000-96-1-8; 1000-96-1-9; 1000-96-1-11.1; 1000-96-1-12; 1000-96-1-13.1; 1000-96-
1-14; 1000-96-1-15; 1000-96-1-16; 1000-96-1-18.2; and 1000-96-1-18.3 from the (LI) Light
Industrial Zoning District designation to the (R-40) Residential Zoning District Designation."
The Local Law is entitled, "A Local Law to change the zoning district designation of certain
parcels of property known as Suffolk County Tax Map (SCTM) #1000-96-1-3; 1000-96-1-4.1; 1000-
96-1-5.1; 1000-96-1-6; 1000-96-1-7; 1000-96-1-8; 1000-96-1-9; 1000-96-1-11.1; 1000-96-1-12; 1000-
96-1-13.1; 1000-96-1-14; 1000-96-1-15; 1000-96-1-16; 1000-96-1-18.2; and 1000-96-1-18.3 from the
(LI) Light Industrial Zoning District designation to the (R-40) Residential Zoning District
Designation."
The Church Lane neighborhood is one of the few African-American communities in the Town
of Southold. It was established in the early part of the last century, and the families who have
maintained homes there since that time have cultural roots to the establishment of agriculture on the
North Fork. The continued existence of this unique historic settlement is jeopardized by its current
industrial zoning classification. Previous land use conflicts between the Town landfill and the
residential use of the Church Lane neighborhood no longer apply, as the landfill has been capped, and
this facility must be considered a long term open space and parkland asset to the neighborhood. The
solid waste transfer and recycling center, and the yard waste composting facility still provide land use
conflicts, but these are being mitigated by provisions for a noise barrier and a vegetative border.
Additional mitigation is anticipated as best management practices are implemented, and as technology
for transfer, recycling, and composting improves.
It is clear from the analysis that, on the basis of cultural resources, land use, and the Town's
established planning goals, the Church Lane neighborhood should be rezoned to Residential R-40.
Therefore, based upon the aforementioned goals and identified needs of the Town and upon our
consideration of the recommendations and comments of our Planning Board, the Suffolk County
Planning Commission, our planning consultant (Greenman-Pedersen) and the public comment taken at
the public hearing and otherwise, we hereby change the zoning district designation for parcels known
as Suffolk County Tax Map (SCTM) #1000-96-1-3; 1000-96-1-4.1; 1000-96-1-5.1; 1000-96-1-6;
1000-96-1-7; 1000-96-1-8; 1000-96-1-9; 1000-96-1-11.1; 1000-96-1-12; 1000-96-1-13.1; 1000-96-1-
14; 1000-96-1-15; 1000-96-1-16; 1000-96-1-18.2; and 1000-96-1-18.3 from the (LI) LIGHT
INDUSTRIAL zoning district designation to the (R-40) RESIDENTIAL zoning district designation.
The zoning map as adopted by section 100-21 of the Town Code of the Town of Southold is
hereby amended to reflect the within change of zoning district designation for said parcel.
Southold Town Board
August 26, 2003
34
Be it further RESOLVED that the Town Clerk be hereby authorized and directed to forward copies
of this proposed Local Law to the Suffolk County Planning Board and the Southold Town
Planning Board for recommendations.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Justice Evans, Supervisor Horton. Abstain: Councilman Moore.
This resolution was duly ADOPTED.
#559
Moved by Councilman Romanelli, seconded by Councilman Wickham,
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED
AUGUST 26, 2003, AUTHORIZING THE ISSUANCE OF $4,000,000 BONDS OF
SAID TOWN TO FINANCE THE ACQUISITION OF INTERESTS OR RIGHTS IN
REAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, DEVELOPMENT
RIGHTS IN OPEN AGRICULTURAL LANDS, WITHIN SAID TOWN, FOR THE
PRESERVATION OF OPEN SPACES AND AREAS AND THE MAINTENANCE
AND ENHANCEMENT OF THE CONSERVATION OF NATURAL OR SCENIC
RESOURCES; PROVIDED, HOWEVER, THAT NO SUCH INTERESTS OR RIGHTS
IN REAL PROPERTY SHALL BE ACQUIRED UNTIL ALL RELEVANT
PROVISIONS OF THE STATE ENVIRONMENTAL QUALITY REVIEW ACT
HAVE BEEN COMPLIED WITH AND A FINAL DECLARATION AS TO
ENVIRONMENTAL IMPACT HAS BEEN DULY DECLARED; STATING THE
ESTIMATED MAXIMUM COST THEREOF IS $4,000,000; STATING THAT LAND
INSTALLMENT PURCHASE OBLIGATIONS ARE AUTHORIZED TO BE ISSUED
PURSUANT TO THIS RESOLUTION; AND DETERMINING THAT THIS BOND
RESOLUTION SHALL BE SUBJECT TO A MANDATORY REFERENDUM.
Recitals
WHEREAS, pursuant to Section 247 of the General Municipal Law, constituting Chapter 24 of the
Consolidated Laws of the State of New York (herein called "Section 247"), the Town of Southold,
Suffolk County, New York (herein called the "Town"), is authorized to acquire interests or rights in
real property for the preservation of open spaces and areas and the maintenance and enhancement of
the conservation of natural or scenic resources as defined in Section 247; and
WHEREAS, the Town Board of the Town has heretofore adopted on this 26th day of August, 2003 a
resolution authorizing the acquisition of interests or rights in real property, including but not limited to
development rights in open agricultural lands, within said Town, for the preservation of open spaces
and areas and the maintenance and enhancement of the conservation of natural or scenic resources;
Now, therefore
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than three-fifths of all the members
of said Town Board) AS FOLLOWS:
Section 1. The Town Board of the Town of Southold hereby authorizes the issuance of $4,000,000
bonds pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the
Consolidated Laws of the State of New York (herein called the "Local Finance Law") to finance the
acquisition by purchase, gift, grant, bequest, devise, lease or otherwise, any interest in various parcels
of real property within the Town, including the fee or any lesser interest, or development right,
easement, covenant or other contractual right, including, but not limited to, development rights in open
agricultural lands, in order achieve any of the purposes of Section 247, for the preservation of open
Southold Town Board 35
August 26, 2003
spaces and areas and the maintenance and enhancement of the conservation of natural or scenic
resources, as may be authorized from time to time by the Town Board after due notice and a public
hearing, pursuant to the provisions of Section 247 and the resolution heretofore adopted by the Town
Board on this 26th day of August, 2003 authorizing such acquisitions, and any applicable provisions of
the Town of Southold Code, including preliminary costs and costs incidental thereto and the financing
thereof; provided, however, that no such interest, including the fee or any lesser interest, or
development right, easement, covenant or other contractual right in any piece or parcel of such real
property shall be so acquired until all relevant provisions of the State Environmental Quality Review
Act (herein called "SEQRA"), constituting Article 8 of the New York Environmental Conservation
Law, have been complied with and a determination of significance has been duly adopted by the entity
duly authorized to make such determination and declaration.
Section 2. The estimated maximum cost of said class of objects or purposes, including
preliminary costs and costs incidental thereto and the financing thereof, is $4,000,000. The plan of
financing includes the issuance of $4,000,000 bonds of the Town and the levy and collection of taxes
on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon
as the same shall become due and payable.
Section 3. The period of probable usefulness of said class of objects or purposes, as described herein,
for which the serial bonds authorized pursuant to this resolution are to be issued, within the limitations
of Section 11.00 (a) 21. of the Law, is thirty (30) years
Section 4. All or a portion of the indebtedness to be contracted by the Town for the purpose of
financing the acquisition of such interests or rights in real property may be issued in the form of land
installment purchase obligations pursuant to the provisions of Section 29.10 of the Local Finance Law
and any portion of said estimated maximum cost that is not financed by the issuance of land
installment obligations is authorized to be financed by the issuance of bonds and/or bond anticipation
notes of the Town.
Section 5. The proceeds of the bonds herein authorized and any bond anticipation notes issued in
anticipation of said bonds may be applied to reimburse the Town for expenditures made after the
effective date of this resolution for the purpose for which said bonds are authorized. The foregoing
statement of intent with respect to reimbursement is made in conformity with Treasury Regulation
Section 1.150-2 of the United States Treasury Department.
Section 6. The proposed maturity of said $4,000,000 serial bonds will exceed five (5) years.
Section 7. Each of the bonds and any land installment purchase obligation authorized
by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall
contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law and said bonds,
land installment obligations, and any notes issued in anticipation of said bonds, shall be general
obligations of the Town, payable as to both principal and interest by general tax upon all the taxable
real property within the Town without limitation of rate or amount. The faith and credit of the Town
are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds,
land installment purchase obligations and any notes issued in anticipation of the sale of said bonds, and
provision shall be made annually in the budget of the Town by appropriation for (a) the amortization
and redemption of the bonds, land installment obligations, and any notes in anticipation of said bonds,
to mature in such year and (b) the payment of interest to be due and payable in such year.
Section 8. Subject to the provisions of this resolution and of the Local Finance Law and pursuant to
the provisions of Section 21.00 relative to the issuance of bonds with substantially level or declining
annual debt service, Section 29.10 relative to the issuance of land installment purchase obligations and
of Section 30.00 relative to the issuance of bond anticipation notes and of Sections 50.00, 56.00 to
Southold Town Board
August 26, 2003
36
60.00 and 168.00 of the Local Finance Law, the powers and duties of the Town Board relative to
authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and
issuance of the bonds and land installment purchase obligations herein authorized and of any bond
anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation
notes, and as to the execution of contracts for credit enhancements, are hereby delegated to the
Supervisor, the chief fiscal officer of the Town.
Section 9. The validity of the bonds and other obligations authorized by this resolution, and of any
notes issued in anticipation of the sale of said bonds, may be contested only if:
(a) such obligations are authorized for an object or purpose for which the Town is
not authorized to expend money, or
(b)
the provisions of law which should be complied with at the date of publication
of such resolution, or a summary thereof, are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the constitution.
Section 10. A Proposition for the approval or disapproval of this bond resolution shall be submitted as
a Proposition to the qualified voters of the Town at the Biennial Town Election to be held on
November 4, 2003, and this bond resolution shall take effect upon the approval of the Proposition by
said voters of the Town at such Biennial Town Election. The Town Clerk is hereby authorized and
directed to give notice of submission of such Proposition at said Biennial Town Election (a) by
publishing, at least ten (10) days prior to such Biennial Town Election, a Notice thereof in form and
substance as hereinafter set forth, at least once in "The Long Island Traveler-Watchman," a newspaper
having general circulation in the Town, and hereby designated the official newspaper of the Town for
such publication, and (b) by posting such notice at least ten (10) days prior to such Biennial Town
Election on the sign-board of the Town maintained pursuant to subdivision 6 of Section 30 of the
Town Law. Said Notice shall be in substantially the following form:
TOWN OF SOUTHOLD, NEW YORK
NOTICE OF SUBMISSION OF A PROPOSITION
AT THE BIENNIAL TOWN ELECTION TO BE
HELD ON NOVEMBER 4, 2003
NOTICE IS HEREBY GIVEN that pursuant to the resolution duly adopted by the Town Board of the
Town of Southold, in the County of Suffolk, New York on August 26, 2003, a Proposition shall be
submitted to the qualified voters present and voting at the Biennial Town Election to be held at the
same time and place(s) as the General Election on November 4, 2003 in the Town of Southold. Such
Biennial Town Election shall be conducted at the time and places and in accordance with procedures
determined pursuant to applicable law and by the Suffolk County Board of Elections. Such
Proposition shall be in substantially the following form:
PROPOSITION
SHALL THE RESOLUTION ENTITLED: "Bond Resolution of the Town of Southold,
New York, adopted August 26, 2003, authorizing the issuance of $4,000,000 bonds of
said Town to finance the acquisition of interests or rights in real property, including, but
not limited to, development rights in open agricultural lands, within said town, for the
Southold Town Board
August 26, 2003
37
preservation of open spaces and areas and the maintenance and enhancement of the
conservation of natural or scenic resources; provided, however, that no such interests or
rights in real property shall be acquired until all relevant provisions of the State
Environmental Quality Review Act have been complied with and a final declaration as to
environmental impact has been duly declared; stating the estimated maximum cost
thereof is $4,000,000; stating that land installment purchase obligations are authorized to
be issued pursuant to this resolution; and determining that this bond resolution shall be
subject to a mandatory referendum," BE APPROVED?
An abstract of said bond resolution, concisely stating the purpose and effect thereof, is as follows:
FIRST: RECITING that pursuant to Section 247 of the New York General Municipal Law ("Section
247"), the Town of Southold ("Town"), is authorized to acquire interests or rights in real property for
the preservation of open spaces and areas and the maintenance and enhancement of the conservation of
natural or scenic resources, pursuant to Section 247 of the New York General Municipal Law
("Section 247"); and that the Town Board of the Town has heretofore adopted on the 26th day of
August, 2003 a resolution authorizing the acquisition of interests or rights in real property, including
but not limited to development rights in open agricultural lands, within said Town, for the preservation
of open spaces and areas and the maintenance and enhancement of the conservation of natural or
scenic resources; AUTHORIZING the Town to issue bonds in the principal amount of $4,000,000 to
finance the acquisition by purchase, gift, grant, bequest, devise, lease or otherwise of any interest in
various parcels of real property within the Town, including the fee or any lesser interest, or
development right, easement, covenant or other contractual right in order to achieve any of the
purposes of Section 247 of the GML, including, but not limited to, development rights in open
agricultural lands, within the Town, for the preservation of open spaces and areas and the maintenance
and enhancement of the conservation of natural or scenic resources, as may be authorized from time to
time by the Town Board of the Town after due notice and a public hearing, pursuant to the provisions
of Section 247 of the GML and the resolution heretofore adopted by the Town Board on the 26th day of
August, 2003 authorizing such acquisitions, including preliminary costs and costs incidental thereto
and the financing thereof; provided, however, that no such interest or right in any such lands shall be
so acquired until all relevant provisions of the State Environmental Quality Review Act have been
complied with and a determination of significance has been duly adopted; STATING the estimated
maximum cost thereof is $4,000,000; and STATING the plan of financing includes the issuance of
$4,000,000 bonds of the Town, and the levy and collection of taxes upon all the taxable real property
within the Town to pay the principal of said bonds and interest thereon;
SECOND: DETERMINING and STATING the period of probable usefulness applicable to the class
of objects or purposes for which said bonds are authorized to be issued is thirty (30) years; that all or a
portion of the indebtedness authorized to be issued for acquisition of open space pursuant to Section
247 of the General Municipal Law may be issued in the form of a land installment purchase obligation
or obligations pursuant to Section 29.10 of the Local Finance Law; the proceeds of the bonds may be
used to reimburse the Town for expenditures made after the effective date hereof for the purpose for
which said bonds are authorized; and the proposed maturity of said serial bonds will exceed five (5)
years;
THIRD: DETERMINING that said bonds or land installment purchase obligations and any bond
anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes
shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the
Town;
Southold Town Board
August 26, 2003
38
FOURTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds
and land installment purchase obligations and any bond anticipation notes issued in anticipation of said
bonds, or the renewals thereof, and other related powers and duties; and
FIFTH: STATING that the validity of the bonds or other obligations authorized by this resolution, and
of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such
obligations are authorized for an object or purpose for which the Town is not authorized to expend
money, or (b) the provisions of law which should be complied with at the date of the publication of
such resolution, or a summary thereof, are not substantially complied with, and an action, suit or
proceeding contesting such validity is commenced within twenty days after the date of such
publication, or (c) such obligations are authorized in violation of the provisions of the constitution; and
SIXTH: DETERMINING that a Proposition for the approval or disapproval of this bond resolution
shall be submitted to the qualified voters of the Town at the Biennial Town Election to be held at the
same time and place(s) as the General Election on November 4, 2003 and that this bond resolution
shall take effect upon such approval; and that the Town Clerk is authorized and directed to give
appropriate notice of the presentation of said Proposition at such Biennial Town Election.
SUPERVISOR HORTON: It is a land preservation bond. Should this resolution pass, that the
registered voters in Southold Town can vote on in November.
COUNCILMAN MOORE: I joked at the work session that this was really the drop in the bucket
resolution. We had a good discussion this afternoon about the costs associated with acquiring open
space farmland through the use of the PDR program, which is a great program. It has worked very
well. But we do acknowledge that $4,000,000 is a drop in the bucket but it is a good drop, so yes.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#56O
Moved by Councilman Romanelli, seconded by Councilman Richter,
WHEREAS an application has been made by Joseph Cherepowich for a waiver from the provisions of
Local Law #3 of 2002 (and extended by Local Law #3 of 2003 and Local Law 13 of 2003) entitled
"Temporary Moratorium on the Processing, Review of, and making Decisions on applications for
Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing
Dwelling Unit(s) in the Town of Southold" pursuant to Section 6 "Appeal Procedures" of Local Law
#3-2002 to permit the Planning Board to consider an application for a minor subdivision for the parcel
of property known as SCTM# 1000-38-1-1.3 & 1.4; and
WHEREAS the application involves the subdivision of a 4.24 acre parcel into 4 lots; and
WHEREAS the Town Board has reviewed the file, conducted a public hearing, and considered all
pertinent documents; and
WHEREAS the criteria that the applicant must meet is set forth in section 6. (Appeal Procedure) of
Local Law #3-2002, Local Law #3-2003 and Local Law #13-2003 and the section states:
Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary
or waive the application of any provision of this Local Law, in its legislative discretion, upon
its determination, that such variance or waiver is required to alleviate an extraordinary hardship
affecting a parcel of property. To grant such request, the Town Board must find that a variance
or waiver will not adversely affect the purpose of this local law, the health, safety or welfare of
the Town of Southold or any comprehensive planning being undertaken in the Town. The
Town Board shall take into account the existing land use in the immediate vicinity of the
Southold Town Board
August 26, 2003
39
property and the impact of the variance or waiver on the water supply, agricultural lands, open
and recreational space, rural character, natural resources, and transportation infrastructure of
the Town. The application must comply with all other applicable provisions of the Southold
Town Code.
WHEREAS the Town has hired a "moratorium group" consisting of in-house and outside planners
and attorneys who are working on a "Comprehensive Implementation Strategy" of the Comprehensive
Plan of the Town of Southold and certain comprehensive planning currently being undertaken
includes, but is not limited to a 80% preservation of open space throughout the Town and a 60%
reduction in density and clear establishment of the Hamlet Centers and a possible Transfer of
Development Rights component (a full description of the "action" is set forth in the SEQRA
Resolution dated January 7, 2003 for the Southold Comprehensive Implementation Strategy which is
incorporated by reference into this decision); and
WHEREAS the Town Board finds that the application is not in contrast with the extensive planning
initiatives being undertaken by the "moratorium group", or the Comprehensive Plan of the Town of
Southold; and
WHEREAS the Town Board finds that this application will not adversely affect the purpose of the
Local Law # 3 of 2002, Local Law #3 of 2003 and Local Law #13 of 2003; and
WHEREAS the Town Board of the Town of Southold finds that the application will not adversely
affect the health, safety, or welfare of the Town of Southold; and
WHEREAS the Town Board of the Town of Southold finds that the minor subdivision application is
consistent with the existing land use in the surrounding area and has a minimal impact on water supply,
rural character, natural resources and transportation infrastructure of the Town; and
WHEREAS the Town Board of the Town of Southold finds that the application has no effect on
agricultural lands and open and recreational space; and
WHEREAS based on the application, all relevant documentation, the comments set forth at the public
hearing on this matter, the comprehensive planning currently being undertaken by the Town, the above
referenced facts, and the criteria set forth in Local Law No. 3 of 2002 and extended by Local Law No.
3 of 2003 and Local Law#13 of 2003, Section 6. Appeals Procedures, the applicant has met its burden
pursuant to the criteria; and
Be it RESOLVED by the Town Board of the Town of Southold that the application for waiver is
hereby approved~ and the applicant may file an application for subdivision with the Planning Board
and proceed through the normal subdivision review process.
Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore,
Supervisor Horton. No: Councilman Wickham, Justice Evans.
This resolution was duly ADOPTED.
SUPERVISOR HORTON: That concludes the resolutions on our printed agenda. At this point, I will
offer the floor to the public, if anybody would care to address the Town Board on town related
business.
MS. EGAN: Yes, I don't .... I had to go out and go to the car when you did the Pledge of Allegiance,
we might have taken a moment of silence and prayer for the tragedy that happened on the water last
week. But so be it, I am sure that we all did pray and that leads me to Mr. Richter, Mr. Moore and Mr.
Horton. We certainly do, I don't know if any of you have been out on the waters recently. It is a mad
house out there. It is an absolute mad house. And so, what I am hoping is that there will be more
funds appropriated to the Bay Constables, we are going to need maybe a couple of smaller boats. The
Southold Town Board
August 26, 2003
40
big boas are important but we may need some smaller boas. Our policemen, basically, there basic
salary is probably less than the Suffolk police but with the way that they run the station up there, they
get a lot of overtime and as such, and they get brownie points up there for certain things. Which means
they get a day off, which means somebody else has to come in and relieve them, which then increases
to more overtime. So, if we had basically more policemen on straight time, I think it would be better
for all. Mr. Moore, the one thing that I was going to address for you, is that you come to court on
Friday with your wife ....
SUPERVISOR HORTON: Mrs. Egan.
MS. EGAN: She is up there. No, no. You won't do that, you like to disappear. So, and again, with
the police, I have mentioned this up here before, I think that it is important that most police stations
now, not just in New York but throughout the country, are doing blood and alcohol .... a blood test in
regard to alcohol and drugs and I think that we should inaugurate that program here in our town. This
is very important. Now, I have also noted that you know, school opens next week for our local
students in Southold and most of Suffolk County. There is, I have yet to see one sign that says school
is open. Unfortunately, many times when the large ones, when they are posted, a lot of our young
people just rip them down.
SUPERVISOR HORTON: I think that you will see those signs shortly.
MS. EGAN: Shortly? When, Sunday?
SUPERVISOR HORTON: That is the best that I can do for you.
MS. EGAN: Please, no. Okay, now, again this was I think Mr. Moore's baby--we have yet to receive
our senior citizen discount for cablevision. And ! was wondering if he, if you could give him a little
wake-up call, it is almost...there is hardly any supervision or supervisors at the Cablevision building in
Riverhead. You have to do it by telephone on Channel 20 there are some .... ! am not finished yet.
Okay, now Mr. Horton, ! think it is now close to three months but correct me if ! am wrong that ! sent
you a letter asking you, for Mr. Yakaboski, to find out some things. One of which were very important
to me, which is riparian rights. Has Mr. Yakaboski ....
SUPERVISOR HORTON: Mrs. Egan, if you have legal rights about your rights on your personal
property, you should contact your lawyer.
MS. EGAN: No, no, no, no, no, no, no, no. This is a ....
SUPERVISOR HORTON: Mrs. Egan .....
MS. EGAN: Those who .... I want ....
SUPERVISOR HORTON: I am going to tell you, Mrs. Egan, that is my response to you.
Southold Town Board 41
August 26, 2003
MS. EGAN: No. No. Your responsibility, Mr. Horton, I gave you a letter with other things in it that
Mr. Yakaboski was supposed to address as far as curbing and signs. Has Mr. Yakaboski put in writing
in any answers to any of those questions and the answer ....
SUPERVISOR HORTON: No.
MS. EGAN: No. That is great. There he has got his head down now. When do you think that he
might do it?
SUPERVISOR HORTON: ! do not know, Mrs. Egan.
MS. EGAN: You don't. Well, ! would fire him, if ! were you. Now, oh, this is important. Certain
Town employees, elected or salaried are given car vehicles. Where do they get their gas from? Do
they get it from the gas by the Police station, or are they given credit cards? And are they allowed to
use it after work for other purposes other than town business?
SUPERVISOR HORTON: Town vehicles are to be used for Town business.
MS. EGAN: And the gasoline?
SUPERVISOR HORTON: The gasoline is, there is fuel available at the Highway Department and the
Police Department.
MS. EGAN: And in an emergency, maybe they would have to get a cash voucher?
SUPERVISOR HORTON: That is correct.
MS. EGAN: That is correct. Very good. Now, Mr. Romanelli, we are not putting you to sleep, are
we?
SUPERVISOR HORTON: Mrs. Egan.
MS. EGAN: No, ! am not finished. You all campaigned and we are going to an election. Has
anything been done on noise control, Mr. Romanelli?
COUNCILMAN ROMANELLI: No.
MS. EGAN: When do you, is this going to be another one of your campaign pitches? That you...
SUPERVISOR HORTON: Mrs. Egan, we are not discussing campaigns at the Town Board meeting.
MS. EGAN: All right, that is fine. You are correct, Josh. Have you done, do you propose before the
calendar year is completed, that you will have enacted or done something about noise control?
COUNCILMAN ROMANELLI: No.
Southold Town Board
August 26, 2003
MS. EGAN: May I ask why not?
COUNCILMAN ROMANELLI:
would .....
MS. EGAN: Well then, who is?
COUNCILMAN ROMANELLI: I don't know.
MS. EGAN: You don't know?
42
Well, number one, I am not on the Code Committee any longer, so it
COUNCILMAN ROMANELLI: I just know it is not me and on the other side of the point ....
MS. EGAN: So, in other words you took what you were going to do and just dropped it and didn't
speak to Mr. Horton and ask him to appoint somebody else?
COUNCILMAN ROMANELLI: Well, you can interpret it that way if you want but.., the real ....
MS. EGAN: How else can I, excuse me ....
COUNCILMAN ROMANELLI: That the noise situations are handled by the Police Department
through the existing codes that we have and as we have talked about many times in the past over the
years, that there are many noise ordinances on the books in other municipalities and other local
communities, that really, they don't hold up ....
MS. EGAN: Hey, ! ain't interested in other Towns, ! am talking about us...
COUNCILMAN ROMANELLI: The Police use what we call disturbance of the peace as a way of
controlling the noise ordinance. So it is being handled. If you want ....
MS. EGAN: No, it is not being handled. Let's put...excuse me, Mr. Romanelli ....
COUNCILMAN ROMANELLI: Is there a specific code on the books that talks about noise, no there
is not but there is a code on the books that talks about .....
MS. EGAN: Excuse me, Mr. Romanelli, excuse me. There has been no progress made. It is the same
as when you came in ....
COUNCILMAN ROMANELLI: If that is the way you want to take it, that is fine, Mrs. Egan.
MS. EGAN: Mr. Horton, could you see that before the calendar year, before the next Town Hall
meeting, you can positively tell me that somebody else is trying to do something about noise control.
SUPERVISOR HORTON: Will that include the beeping of horns ....
MS. EGAN: Well, maybe and maybe not.
Southold Town Board 43
August 26, 2003
SUPERVISOR HORTON: Okay, Mrs. Egan. Thank you.
MS. EGAN: ! am not finished. ! am not finished. Not by a long shot. Now, and anyhow, that beep-
de-beep-beep-beep has saved many lives and maybe when you are all up here with your heads down
like that, maybe it makes your perk up and do something. Put your brains in gear before you put your
mouth in gear.
SUPERVISOR HORTON: Mrs. Egan, do you have any other town business?
MS. EGAN: Don't rush me.
SUPERVISOR HORTON: ! am certainly not rushing you. ! am going to ....
MS. EGAN: Oh, and ! did note and ! know that it is too late, that you are again hiring people to do
surveys, lawyers and some people from the south shore and of course, we always talk .... Oh, Mr.
Wickham, what about..
SUPERVISOR HORTON: Mrs. Egan.
MS. EGAN: ...what about pools? Something done for our children? A pool...
SUPERVISOR HORTON: Mrs. Egan, ! am going to give the opportunity to the rest of the people...
MS. EGAN: Oh, you are .... what do you have a hot date tonight, Josh?
SUPERVISOR HORTON: ! have a hot date every night, ! think.
MS. EGAN: So do I, so do I. So cool off here.
SUPERVISOR HORTON: You have just put me out of a no win situation for me, Mrs. Egan.
MS. EGAN: That is your problem, not mine. Has there been any progress, Mr. Wickham, ! think
many, many moons ago you said that there would be a pool for our children.
SUPERVISOR HORTON: The answer is no, Mrs. Egan.
COUNCILMAN WICKHAM: ! did the best ! could...
MS. EGAN: Did you?
COUNCILMAN WICKHAM: ... about eight or nine years ago.
MS. EGAN: And what happened? Nothing. You should all be very proud, elected people up there,
that so far, ! would say that 90% of the people think that this is the worst Town Board we have ever
had. Thank you very much.
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44
SUPERVISOR HORTON: Thank you, Mrs. Egan.
MS. EGAN: You are more than welcome.
SUPERVISOR HORTON: Would anyone else care to address the Town Board? Yes, Mr. Wagner.
DON WAGNER: Thank you, Mr. Supervisor. Members of the Board. I am Don Wagner, Route 48 in
Southold. And ! noticed one thing, your public notice on page 1 here, saying that Route 25 all the way
from Tanger Mall in Riverhead all the way out to Village Lane in Orient is going to be reconstructed.
And this is only going to add to the current traffic jams on North Road or Route 48 or whatever you
prefer to call it.
SUPERVISOR HORTON: Mr. Wagner, this is in reference to the New York State Department of
Transportation resurfacing project?
MR. WAGNER: Right, right. That is a State Road ....
SUPERVISOR HORTON: But there is going to be some, unfortunately when over the course of the
resurfacing, ! think that we can expect some inconvenience or what would seem to us, inconvenience,
but it is for the overall purpose of having State Road 25 put back into or put in better condition.
MR. WAGNER: Exactly. And my question is really recently there was, we have got to get some relief
before next summer, if we can because the traffic as you well know, every summer-it gets worse. Not
only on Route 25 but also on Route 48 and two things that ! would like to mention here. It was about a
week ago in the papers, they were talking about a possible ferry service from Riverhead up to
Connecticut. This would alleviate some of the heavy traffic through the Town of Southold and also !
mentioned the last time that ! was here, New York State Department of Parks Bernadette Castro
indicates that she has no request pending for ferry service to the South fork, particularly to a State Park
off Amagansett there.
SUPERVISOR HORTON: She should have another letter that was out of my office again in July.
MR. WAGNER: This is my question. Are we trying to do something? Because, me as an individual,
it goes in one ear and out the other as far as they are concerned. At least if the Town Board does
something, ! think that we stand a fair chance. And ! would like to see something done before next
summer, it is too late for this summer but before next summer. Thank you.
SUPERVISOR HORTON: Thank you, Mr. Wagner. Would anyone else care to address the Town
Board on town related business? Mrs. Sweeney.
CARMEN SWEENEY: My name is Carmen Sweeney and as you know I have been here before. I
almost didn't make it tonight because there were two policemen at my door, they were going to arrest
me again. As ! said, ! went into the Mims trial; and since ! went into the Mims trial, ! have about three
criminal summons already for me. This was for hosing my driveway down and the water went down
Southold Town Board
August 26, 2003
45
into the road. So there were two police because my neighbor reported that there was mud coming
down. You know, I wonder why ....
SUPERVISOR HORTON: Mrs. Sweeney, what would get your neighbor to call the police about...
MRS. SWEENEY: Well because this is an ongoing thing and with Mr. Forrester who has allowed
three apartments and he sent me a letter and I just would like to read it ....
SUPERVISOR HORTON: Mrs. Sweeney, my question is about why ....
MRS. SWEENEY: Because it is constant harassment by the police. This is the second time this week
that I have almost been arrested. I have been arrested and put in jail for four days one time, like the
young lady said over here, I was arrested for having my radio on in my house and I was put in jail;
taken to the County jail; strip searched because I had the radio on in my house and you could hear it
out in the driveway. And they gave $1,000 bail and I couldn't raise it, I couldn't find anybody; not
that I couldn't raise it, I had it myself but I had to get in touch with somebody and they had arrested me
in my driveway. Officer Ginas pushed my face into the ground, handcuffed me and three other
officers were there. And they went into my house and turned off the radio without any legal. This case
has not been brought to trial yet because they know that if it is, there are going to be problems. I can't
understand why we need an Anti-Bias Committee in 2003 in this town, I couldn't in the beginning. By
the way, they won't let me join it, I tried to join the Anti-Bias Committee, the police or the Town
Board won't let me join it because I am suing the police. They have already decided because, I want
you to know that I am Puerto Rican so Puerto Rican's are bad things---it has been since I moved here
and this has been a constant harassment, they harassed my children, my son served 10 years in the Air
Force and .....
SUPERVISOR HORTON: Mrs. Sweeney,
MRS. SWEENEY: And he won't live here, he won't live here because the police followed him
everyday in his car. Why do we need an Anti-Bias Committee in 2003 in this town because the police
harass the blacks. ! went into those trials everyday, you should get tapes of some of the testimony at
that trial. It would be an eye opener for a lot of people in this town, some of the lies. And Officer
Zuhoski, saw what ! called, ! called him and he was going to arrest me. This has happened before, !
call the police and they arrest me.
SUPERVISOR HORTON: Mrs. Sweeney, just so I am clear on what the situation is. I am trying to
get my hands around this. Your daughter lives next door to you?
MRS. SWEENEY: No, my daughter-in-law's sister.
SUPERVISOR HORTON: Okay, your daughter-in-law' s sister next door to you.
MRS. SWEENEY: Right.
SUPERVISOR HORTON: They have a restraining order.
Southold Town Board
August 26, 2003
46
MRS. SWEENEY: Right. And I can't get one. If you, you know, you told her to be quiet and I don't
know how much time we are allowed but I had her father in court in front of Judge Bruer who I
consider the most biased man that we have in town, in court-told him that if he gave me an order of
protection against him and I have it, I sent for it; that he would have to arrest him in two weeks
because he would break that order of protection. And guess what? I didn't get the order of protection.
He also stole my garbage pail, the police have it in the police station and they won't charge him. The
police will not charge him for stealing. But I get charged because my radio is on in my house and
there is no noise ordinance and I was put in jail for that for four days and I am 71 years old, 71, I have
a mechanical heart valve, they kept me four days without Coumadin. My doctor said that was like
putting a gun in my mouth. Coumadin is a blood thinner and four days without my Coumadin. So I
asked him, I said 'I am going to be arrested soon again. If a Correction Officer calls you collect,
please accept the charges' because the last time, my doctor didn't and I was four days and I would
have almost been dead another day without it. That is how bad it was. So, I want to know why we
need an Anti-Bias Committee when it is going nowhere because no matter what charges come up,
nothing is ever done about it. And I am going to be here every month, and I am going to bring... I have
so many incidence reports against these people. The police will charge them with anything. I cannot
get an order of protection, there are at least 10 people living in that house, there are three apartments in
the house, they run a business out of the house, they have an open cesspool and I can't play my radio.
Thank you.
SUPERVISOR HORTON: Thank you, Mrs. Sweeney. Would anyone else care to address the Town
Board on town related business? Yes, sir.
FRANK WILLS: Good evening, my name is Frank Wills; I live in Mattituck. Like probably every
one else in the Town of Southold, I received one of these booklets, 'Confused about Open Space,
Farmland Preservation in the Town of Southold?' It was sent by the Peconic Land Trust, it is an
excellent job. Well-written, persuasive and pertinent. Before I go on, let me digress for a minute and
list my concerns for the environment and what I have done about it. Most of my working life, I
worked in heavy industry, mining and smelting of metals. I worked in copper smelters and mines and
so forth, not only in the United States but overseas, behind the iron curtain, too. What I saw made me
eventually join the Sierra Club in 1959 before the word 'green' was invented. In 1975, I joined the
North Fork Environmental Council because as a result of the Lovan jetties, I had to move my house.
We lost the beach. In 1979, I contributed towards the purchase of Mashomaque and became a member
of the Nature Conservancy. In 1982, I joined Greenpeace because they were publicizing the illegal
export of hazardous material to South America, something that I was involved in in the company that I
worked for. In 1984, I joined Rails and Trails, a worthwhile organization that is taking over
abandoned rail lines and making hiking trails out them. Back to Peconic Land Trust, as you know, I
served as an alternate on the Blue Ribbon Commission and during my time there, which was very
worthwhile, I noticed that the representative of the Peconic Land Trust in many instances, was
advising and working with let's call it, the farm group. I felt that was wrong, was going to say
something about it but now that I have gotten this thing, I felt that I should speak up. Let me first of all
say I have nothing against free speech or their right to say what they do in there, I leave the refusal for
that to the current crew that is active in Washington, Mr. Ashcroft etc. But what I feel is, to me, a
conflict of ethics is the fact that the Peconic Land Trust is receiving used to be $30,000 a year and I
believe that now it is $40,000 a year from the Town of Southold to act as advisor in land purchase and
so forth. So I feel and this is why I am here, to bring the matter up to the Board and request that this
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August 26, 2003
47
be reviewed to see whether Peconic Land Trust is justified in issuing statements like this and or being
present at the business association meeting and putting their two cents into the thing. So it is to me a
question of ethics and a conflict of interest. Thank you.
SUPERVISOR HORTON: Thank you, Mr. Wills. Yes, Ms. Levine.
MERLE LEV1NE: Merle Levine, East Marion and Carol Peabody of Orient. We are speaking on
behalf of the Anti-Bias Task Force. In behalf of Mrs. Sweeney because she has come before the Anti-
Bias Task Force, she has been mistreated over a period of years, we have had conversation with Chief
Cochran and there has been no amelioration of the treatment of her. And so, although she didn't
present it that way, that is why she is here. Because there is nowhere else for her to move and in the
hopes that the Town Board would then take some steps to see that her civil rights are protected.
SUEPRVISOR HORTON: This is that, on that note actually, the Town Board hasn't received
notification of that or any investigation by the Anti-Bias Task Force and we would like that, very much
so, in your dealing with it. Your findings and your thoughts and guidance on that because that is why
the Anti-Bias Task Force is so valuable for us, you are a place for the people to go who have concerns
and you can provide that to the Town Board. But to date, we haven't received that from the Task
Force and ! am sure you have that, otherwise you wouldn't be there now.
CAROL PEABODY: Yes, well, I would like to make a couple of points. One is that as a member of
the legal sub-committee, Cindy Smith and myself went to meet with Chief Cochran to inquire into the
situation with regard to Mrs. Sweeney and our, we had quite an extensive meeting and they were very
cordial but ! have to say that it was clear that the police really felt that there was no necessity to pursue
any further of investigation regardless of the fact that there appear to be ongoing interactions between
the police and Mrs. Sweeney. As ! understand Mrs. Sweeney, so basically we hit a dead-end. Mrs.
Sweeney then brought her concerns to the Board and Merle and ! are inquiring as to whether or not
you've been able to get any more information than we were.
SUPERVISOR HORTON: As ! have reached out to Chief Cochran and have requested, actually !
didn't request, ! strongly indicated to the Chief that ! would like a meeting with the Chief and Mrs.
Sweeney because ! honestly don't fully understand all the .... and there are several layers that ! keep
learning about. You know, family members, money that is owed, long-standing neighbor dispute that
I, that is ....
MS. PEABODY: It is clear that this is a very complex situation and it is also clear that Mrs. Sweeney
is extremely stressed by this and ! honestly haven't gone through a lot of the history with her, ! don't
know that ! would not be stressed in the manner in which she is around presenting her case. There is a
great deal of ambiguity on the part of the system, you know, the court system, the police system, the
jail system, the town system, and to date she hasn't been able to get anybody essentially to hear her out
in a way that takes her seriously and then she gets continuously harassed, so she feels very stressed by
this. ! agree, this is a very complex situation. It is about an inter-personal dispute, so ! am not clear
why the Town's and the police's response is to get on one side and not the other. So that is really
when you, when the people involved are using ethnic epithets it certainly raises the issue in terms of,
what is the tenor of the Town relative to those issues.
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48
SUPERVISOR HORTON: Again, I can't stress enough that when the Anti-Bias Task Force actually
gets this and does some investigation and carries on findings, that you bring it to the Town Board.
MS. PEABODY: Okay. Thank you.
SUPERVISOR HORTON: And also Mrs. Sweeney has been taken very seriously out of our office. I
met with Mrs. Sweeney and she brought Lucius Ware in at one point and again, following that up with
police department, her requests and concerns are being taken very seriously. Very seriously. Thank
you. Would anyone else care to address the Town Board? Yes, Ms. Norden.
MS. NORDEN: With respect to the comments that Mr. Wolf made earlier, I have felt for some time
and share the concern regarding the town's employ of the Peconic Land Trust. ! think there were two
resolutions back in January, ! can't remember the total maybe $40,000 but it does seem as if the Land
Trust does have a vested financial interest and has become a player, a political player in the current
upzoning debate. So much so, ! think, that we should really re-visit the appropriateness of having the
Land Trust function as an organization employed by the Town. Also the amount of money that is
being spent on the Land Trust, ! always felt that the early resolutions were actually vague as to what
the Land Trust actually was to accomplish in any case. But the $40,000 or $50,000 could really well
be spent in hiring another Melissa Spiro or a really good, talented Town employee who actually would
not share bias, would not necessarily have a political position or would not exercise that political and
or financial concern. ! think that is really clear that the upzoning debate vis-h-vis the Peconic Land
Trust also has a viable, tenable and measurable financial advantage. So that a lot of the Land Trust
position and how the Land Trust functions as a non-profit and how the various aspects of the Land
Trust work vis-h-vis the acquiring of property and property rights is something that is really to the
Land Trust benefit financially but actually might be in conflict given the Land Trust financial concerns
may be in conflict with those of the Town. So ! would like to recommend that either we have an ethics
committee look at it or that we suspend the contract with the Land Trust and that we consider hiring an
independent, perhaps Town employee if we need assistance in reaching out to land owners in terms of
preservation. Additionally, with respect to #559, ! was wondering - the bond that we are talking
about, the $4,000,000, is that money different than the 2% money?
COUNCILMAN WICKHAM: Yes.
MS. NORDEN: This is over and beyond the 2% money.
COUNCILMAN WICKHAM: Yes.
MS. NORDEN: And why is it determined that we need this money now since the 2% money' s, from
what ! understand can be escalated? I.e. we have approved 2% into 2020, New York State has
indicated that we can spend any portion of that money even if it thus far uncollected, so why do we
need an additional $4,000,000 if we can spend the projected 2% monies?
COUNCILMAN WICKHAM: The Land Preservation Committee made a presentation to the Board
several weeks ago; with almost 1,000 acres of land in the pipeline that this could not be
accommodated, could be purchased with just the 2% Preservation Fund. Within about a year to year
Southold Town Board
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49
and a half, virtually all of the funds would be used up unless we could top it up with another bond of
the, which is why we are putting this $4,000,000 up for a public hearing.
MS. NORDEN: Okay, so we are talking about all the fundings approved up to 2020, we have tapped?
Because New York State has indicated that we can actually spend this money now and collect it later.
COUNCILMAN WICKHAM: It is essentially a cash flow problem.
MS. NORDEN: I don't understand.
COUNCILMAN WICKHAM: We now have close to 1,000 acres of land in the pipeline.
MS. NORDEN: That I get. I think it is great.
COUNCILMAN WICKHAM: If all of that would close within the timeframe that is anticipated,
which is about a year and a half or so, we will exhaust all of the resources that we currently have from
that 2% transfer tax.
MS. NORDEN: That I understand.
COUNCILMAN WICKHAM: Now, as you correctly said, the transfer tax will carry on until the year
2020 but the closings will occur with the next 18 months or so. So what we need is to have a cushion,
some additional resources to enable us to close those transactions ....
MS. NORDEN: No. ! am all in favor of additional resources. ! was just under the impression though,
that that money could be allocated and spent prior to even collecting it, according to the State.
COUNCILMAN WICKHAM: We could borrow against it.
MS. NORDEN: All right, well that is my question. Is there a certain percentage of borrowing, what
was the advantage to not borrow against that money and asking for a $4,000,000 bond?
COUNCILMAN WICKHAM: That question is one that the Board is going to take up probably at the
next meeting or the next two meetings.
MS. NORDEN: But wouldn't you have taken that up before asking for a $4,000,000 bond? ! mean
wouldn't you have analyzed the difference between the advantages of borrowing as opposed to the
$4,000,000 burden on the tax payer?
COUNCILMAN WICKHAM: The proposal that came to the Board was, do the $4,000,000 now or at
least go to public hearing for it and at the same time set up a work group - a specialized group- that
can analyze the implications. The questions that you are asking, what percent for example, of the
anticipated revenues of this 2% transfer tax do we want to bond? Probably not all of it. What percent
of that do we want to? What are the costs of doing so versus the other? What are all of the different
aspects that need to be analyzed to constitute a small working group to give a report to the Board to
answer exactly the questions that you are asking?
Southold Town Board
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50
MS. NORDEN: I understand that but how, isn't that sort of putting the cart before the horse to ask for
$4,000,000 before you have analyzed why, in fact that what it is going to cost you to actually borrow
against the money?
JUSTICE EVANS: We have to do it now...
COUNCILMAN ROMANELLI: We have a deadline.
JUSTICE EVANS: ...the deadline, to get it on in time for the election. And it is not money that the
taxpayers have spent until we draw on the bond. So it is sort of a safeguard, in case the committee that
is put together says that we do need the bond, we need to set the hearing now ....
MS. NORDEN: Okay. ! understand that. And if you were to borrow against these moneys, these
projected, forecasted moneys up to 2020, what is the rate? Is there an actual rate at which you have to
borrow and you borrow from your State at a certain rate?
SUPERVISOR HORTON: It depends on the bond market at the time of which you close that bond.
MS. NORDEN: So it is in a municipal mart, I mean how does this bond float? Where does it float?
COUNCILMAN WICKHAM: It goes several ways and that is exactly the kind of question that this
group is going to look at. It could be borrowed through the Environmental Facilities Corporation,
which is a quasi government agency in Albany. It could be done through the bond market in New
York City. There are several different routes that we could take.
MS. NORDEN: But, is there any that are sort of financed through the State of New York?
COUNCILMAN WICKHAM: Yes.
MS. NORDEN: But the State of New York also charges a certain rate of interest.
COUNCILMAN WICKHAM: Yes, it does. And furthermore, there is red tape and strings attached.
MS. NORDEN: Okay, thanks for answering my question.
COUNCILMAN WICKHAM: May I address the question about the Peconic Land Trust? I was a
former Board member of the Trust. ! resigned when ! became active in Town affairs here and ! am
somewhat acquainted with how they operate. Let me just comment in two respects. First of all, they
clearly are an organization that supports landowners and landowners rights and land-owners interests.
They see land preservation as having an important connection with landowners. For them, it is not
only a question of regulations and restrictions; it is also inducements and getting land-owners to do the
right thing. Your suggestion that we hire another Melissa Spiro, which by the way would be
wonderful and ! think that many of us would support that...
SUPERVISOR HORTON: That is something that we are actively doing, actually.
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51
COUNCILMAN WICKHAM: .... and it is something that we are actively doing, I think Melissa
would be among those that would say that that is not enough. What we really need are people who can
go to the homes of landowners, can sit around their kitchen tables, can talk with husbands and wives
and family members and explain the benefits of land preservation in language that they understand. In
numbers that they understand; not just in terms of bureaucratic regulations, etc. That is what has really
enabled the progress that we have made in recent years. Generally speaking, landowners are reluctant
to come into the Town, they are reluctant to sit down at a bureaucratic office here. And they are
somewhat skeptical of government officials. It takes an intermediary, a person who is perceived as
supporting landowners interests, as an intermediary who understands both sides, who can act like a
broker to bring - and not charge, by the way, a brokers fee - to bring both sides together. Peconic
Land Trust has been very successful and ! think that Melissa and others would acknowledge that and
why we have a contract with them. As for this particular flyer, which was done by one of their Board
members, ! am 100% confident that this is not being paid for out of that contract.
MS. NORDEN: It doesn't matter who is paying for it, their name is on it and essentially it is not by
one of their Board members, it is actually by, published by and mailed out the Peconic Land Trust. So
we can quibble about who actually wrote it and who didn't and who has endorsed it and who hasn't but
the point is that they do have a point of view. A definite defined point of view. ! could not agree more
that intermediaries of some type might be useful and that they do have expertise in many ways that far
exceeds most of the people who are on the Town payroll, they are experts in this area, however they
are not the only experts. There are many other people in other roles who function as lawyers, who
could function as accountants, and in fact, across the country there are many people who broker these
kinds of deals from all walks of life. What is predominately important is to be aggressive in the pursuit
of property and to have somebody who does in fact have a handle on that. ! would argue quite
honestly that Peconic Land Trust is in part somewhat elitist, ! don't see these guys as hail, fellow well-
met, slap on the back, sit down with the common man but we have a different point of view on that but
nevertheless the point is that the Peconic Land Trust has entered into an arena in which they define
themselves as having a "political" position. And that position has become really polarized in the Town
and ! think as a result we need to look at the fact that the Town can employ either the Peconic Land
Trust or the North Fork Environmental Council or any number of other groups who have a particular
point of view when it comes to actually furthering the Town's agenda. The Town's agenda is not
necessarily only the agenda of owners of property.
COUNCILMAN WICKHAM: That is true.
MS. NORDEN: There are many, many other players here including people like myself who want to
see property preserved. And ! think that we would be wise to, if we don't think a Town employee is
the best answer, perhaps we could hire a firm that has the Peconic Land Trust's prestige that happens
to be based in Oregon. So there are many, many other options rather than to back ourselves up into a
corner and say that we can only hire these guys out here; who happen to really have a clear-cut agenda
and also have taken a position in the public debate that is actually., you know, a defined controversial
position.
COUNCILMAN WICKHAM: May I ....
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52
MS. NORDEN: So there are many people nationwide who have these skills, many firms and I think
that we are easily in a position where we don't have to enter into a contractual arrangement, we can
actually use expertise and hire that expertise as needed. But I don't think that it should come at this
point from the Peconic Land Trust because there is an agenda there.
COUNCILMAN WICKHAM: May I add that the Town has engaged the services of the Nature
Conservancy to work parallel and right alongside on other projects. So the Trust works in certain ones
and the Conservancy works in .....
MS. NORDEN: Well, I, I, I have some concerns about that as well, but the point being that this kind
of expertise, the way in which we look at property, how the property is dispersed, the gifts that people
can make-conservation easements and what-not, much of this can be handled by people from other
walks of life, by other organizations that have no vested interest and no public position in the Town of
Southold, and I would argue that especially since this issue has been so controversial, that the Town
would not want to be in a position of five years or two years or three years from here, somebody
coming back and saying "I didn't get all the information, I didn't get the unbiased view, I didn't get the
kind of support that I needed because your intermediary had a point of view or a position that was
(inaudible) as mine as an owner." I mean, I think it could have legal implications down the line, so I
think that I would like to see somebody that is an organization or an individual who is perfectly clean
without an agenda because this is the foremost topic of discussion and the most important challenge
that we are going to face here on the North Fork. The preservation of our environment and we really
can't compromise that even if there is an appearance of conflict. The appearance should be enough as
it is often under law, to make the change that would be necessary to completely eliminate that
appearance. So I would like to see if we could get something perhaps on the agenda to review this
further and see what alternatives that we could come up with. I would be happy to suggest some at any
time.
SUPERVISOR HORTON: Thank you. Would anyone else care to address the Town Board? Do I see
your hand up, Mrs. Egan?
MS. EGAN: I said that you didn't speak clearly. Going back, one thing that I am concerned about in
land preservation is the Town acquiring that land. I think that is very, very dangerous because at
another point in time you can do other things with it. And Mr. Horton you are Coast Guard, right?
Your family has been here a long time, I think that it is very important for anybody who lives on Long
Island, which is surrounded by water, to know what riparian rights are. Not just for me but for
everybody in Long Island. Do you know what riparian rights mean, Mr. Horton?
SUPERVISOR HORTON: I cannot give you the specific legal definition but I do know what they are.
MS. EGAN: No, you can't. Well, I could. I think it would be better if you went to the book or went
to a lawyer who knew how to look things up and got it done properly and put it in your head and then
be able to answer the question. Mr. Richter.
COUNCILMAN RICHTER: Yes, ma'am.
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August 26, 2003
53
MS. EGAN: Yes, Mrs. Egan. I have the courtesy to address you properly and I would appreciate your
doing that for me. At the last Town hall meeting, I just about begged and implored you to kindly get
busy going to court or sending people, I gave you a copy of the report that I paid for out of my money
for what happens in court. Were you able to get any of your family or anybody to come to court, not
as a you know, in trouble or what have you, I didn't mean it in that regard, just to find out what is
happening. Were you able to do that.
COUNCILMAN RICHTER: No, ma' am. I have the same report that you gave me.
MS. EGAN: Pardon?
COUNCILMAN RICHTER: I have the same report that you gave me.
MS. EGAN: And did you yourself, really analyze it yourself. As the liaison officer to the police
department. Have you ever taken the time to speak with Lieutenant Flatley and some of the gals, Pat
Garsik, talk with her-take her out to lunch.
COUNCILMAN RICHTER: I talk with her quite often when I call the Chief.
MS. EGAN: Yeah. Oh no, no, no, no, no, no. No. Away from the environment. Where she can sit
down and talk with you properly. It would be a very worthwhile experience and maybe beneficial and
maybe you could even say something positive while you are running for office in that regard. Thank
you.
COUNCILMAN RICHTER: Thank you, ma'am.
SUPERVISOR HORTON: Thank you, Mrs. Egan. Would anyone else care to address the Town
Board? Yes, Mr. McCarthy.
TOM MCCARTHY: Tom McCarthy, Southold. Just a couple of questions on the Church Lane
neighborhood report. ! don't know if everyone has copies of it but ! understand that it was distributed
today and discussed at your earlier session in the day. ! just want to point that there is no appendix,
although it is listed in the Table of Contents and ! don't know where the appendix is for this report.
SUPERVISOR HORTON: The appendix is not attached. This is a text of the report, the bound copies
that include the appendix, which is essentially as ! understand it, includes the historical data to the
community, will be incorporated in the bound report, which should be here in the next few days.
MR. MCCARTHY: Is this the final report, less the appendix?
SUPERVISOR HORTON: That is correct.
MR. MCCARTHY: And what was the charge given to Greenman-Pederson? What were they asked to
do?
SUPERVISOR HORTON: I don't have that specific, the written out charge in front of me.
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August 26, 2003
54
MR. MCCARTHY: Okay.
SUPERVISOR HORTON: But essentially to take a look at the entire block, Oregon to Middle Road,
Cox and Depot.
MR. MCCARTHY: Okay. After just a brief review of this document, it looks like they focused right
on the parcels in Church Lane. Glossed over the other ones and I do remember from your work
sessions for the moratorium, I think Ms. Evans had said that we just can't put a moratorium just on
Church Lane, let's bring it from sea to shining sea. Let's bring it from Depot to Cox and from North
Road to Oregon Road. Let's include the whole thing because if we include just the Church Lane area,
we are going to have problems, somebody can come up and sue us that we are just looking and
focusing on this little bit. I submit to you that most of this report is just looking at that little bit, that it
is not looking at current land issues, potential development around the area. It does touch on the
Raynor piece, it doesn't speak anything about any potential development and build outs on the rest of
the parcels in the area. It goes through and just kind of says that 'yes, we have a gravel yard; yes, we
have junk yard; yes, we have this; yes, we have that.' And it seems that 95% of the report is dealing
with just strictly the Church Lane area and my comment at the time for the moratorium was that you
were throwing out a broad net to catch a small fish and I still think by looking at this report, that is
what it has done. It seems to be eye wash for the entire moratorium area but specifically dealing with
just the few parcels that are dealing with in and around the church.
COUNCILMAN WICKHAM: Can I respond to that? Based on the report, you asked what the charge
was and it is summarized in their lead sentence here which is basically to undertake a planning,
environmental and cultural analysis of a portion of the Town. Study area consist of the area bounded
by North Road, Cox's Lane, Oregon Road and Depot Lane. In other words, the full 250 acres. This
area totals about 250 acres but this has been further refined into a primary study area consisting of
approximately 15 single and separate properties known as the Church Lane neighborhood. In other
words, there is a primary and then there is the larger 250 and they are basically looking at both.
MR. MCCARTHY: I did see that but it seems to me that they are looking at just basically that area. I
mean, they are talking about single and separate properties, I assume that they have done the title
search to find out that they are single and separate. They are referring to the properties that are in there
that are single and separate and I think that is perhaps a stretch. They are also talking about the
majority of property in the area being rezoned back in 1989, I submit to you that it wasn't. I would
like to see something in the documentation and the appendix from Greenman-Pedersen that shows us
the zoning map of what they are talking about, shows us the exact acreage in their affected area that
they are looking to re-zone. How much was zoned light industrial or C-1 heavy commercial, prior to
the re-zoning in 19897 How much got re-zoned, and I want to see facts and figures. We paid good
money for this, let's see some answers. Let's not gloss over it and say that 'hey, the majority of this
and the majority of that', I don't think that that is a professional report. I would also like to find out
who the other parties are that they are referring to in this report. It says that at the request of the Town
Board GPI, in conjunction with JAC Inc. and the Institute for Long Island Archaeology, I don't know
those other two entities and I wish that someone could inform me as to who they are and what their
position is within this report.
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August 26, 2003
SUPERVISOR HORTON: There are one specifically, I believe is affiliated with Stony Brook
University and I think that would be, it may be JAC or it may be the Institute for Long Island
Archaeology, I believe they were subcontracted by Greenman-Pedersen to conduct cultural analysis.
MR. MCCARTHY: And I also remember one of the other speakers, I believe is on or involved with
the Anti-Bias Task Force has some connection with the University of New York in Stony Brook, I just
want to see if there is any connection between that group and one of the other speakers.
SUPERVISOR HORTON: The answer to that question is no. There is not a connection between those
two.
MR. MCCARTHY: Okay, so you know who?
SUPERVISOR HORTON: I know that Greenman-Pedersen contracted the JAC and the Institute for
Long Island of their own volition.
MR. MCCARTHY: Okay, so if someone could get back to us and just let us know who these other
groups are and who make up these groups, it would be appreciated. I haven’t gone through this all
point by point but I would just like to see you re-charge this group and to come back and give us some
objective information that we can sink our teeth into, as far as number of parcels, as far as what was
rezoned, what wasn’t rezoned. I would expect that in something like this that they would give us some
references to the Master Plan that they quote, to the zoning maps that they quote and I would expect to
see all of that in there and objective information because I don’t think that it is, because I don’t see it in
the body of the report. So, if they don’t plan on putting it back there, I would suggest that perhaps you
can ask him for that supplemental information. Thank you.
SUPERVISOR HORTON: Okay, thank you. Are there other comments from the floor on town
related business? (No response) Thank you all for coming, we appreciate your input and your
participation.
* * * * * *
Elizabeth A. Neville
Southold Town Clerk