HomeMy WebLinkAboutPublic Assembly 1986 LOCAL LAW NO. 1986
A Local Law to provide for the
regulation of public assemblies
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 100 (Zoning) of the Code of the Town of Southold is amended as follows:
Subdivision C of section 100-.114 thereof is ?epealed, and subdivisions D
to J inclusive are relettered accordingly.
II.
Said chapter is amended by adding a new section thereto, to be section 100-
114. l, to'provide as follows;
Section 100-114.1 Public Assembly Permits.
Definitiens
For the purpose of this section, the following terms, phrases and
words shall have the following meaning:
PERSON - Any person, firm, partnership; associat~ion, corporation,
company, organization or other legal entity of any kind. including
municipal corporations or 'governmental. agencies or subdivisions
thereof.
PUBLIC ASSEMBLY - The gathering together of fifty or more persons '
for amusement, athletic; charitable, civic, dining, educational,
entertainment, fraternal, fund raising, patriotic; political, promotional,
recreational, religious, social or similiar purposes.
TOWN BOARD - The Town Board of the Town of Southold.
Permit Required
Notwithstanding any other provision of this code or other provision
of-law, no person shall maintain; conduct, promote, use or occupy
any land or premises for public 'assembly purposes, other than in
established theatres, auditoriums or other premises licensed or
permitted for public assembly purposes as limited bY law, except
pursuant to a permit authorized by the Town Board and issued by
the Town Clerk pursuant to the provisions of this section.
No owner , lessee, licensee or other person having any right to or
interest in 'any real property within 'the jurisdiction of the Town of
.Southold'shall license, rent, lease or otherwise permit'the use of such
real property or any part thereof for public 'assembly purposes, other ·
than in established theatres, auditoriums or other places licensed or
permitted for public' 'assembly purposes as limited by law, except
pursuant to a permit authorized by the Town Board as hereinafter
provided.
Application
The Town Board may issue a permit to use premises for public assembly
purposes upon the written application made by the person who proposes
to maintain, conduct, promote or operate such public assembly use
or participate therein, together with the owner, lessor or licensor who
proposes to rent, ]ease, license or otherwise permit the use of premises
for such use, all hereinafter designated as applicant.
E. Application Procedure
The applicant shall file a verified application with the town clerk
at least thirty (30) days prior to the date or dates upon which
such public assembly use is 'to.take place, together with the
permit, fee in the sum of ten ($10.) dollars..
(2) The Application shall state:
(a) The names and addresses of all of the applicants
(b) The location, size and facilities located on the property
intended to be used for the public assembly event.
(c) The number of persons expected to attend such event.
(d) The date or dates and hours.during whicl~ the event'will ·
be held.
(e) The means of .accommodating the persons attending such
event with respect to:
[i)' Food
(ii)' Shelter
(iii)" Facilitie~ for toilet and other personal sanitary needs
for men and woman. ..
-- (iv) Emergency first aid.
(v) Parking of cars, showing the means of ingress, egress
and parking areas.
(vi)
'Provision for publ!c'safety, guards or special police
to assist in 'the control of traffic and the supervision
of persons attending the event.
F. Issuance of Permit
The Town Board, after considering the application and after causing
due investigation and report to.it,~ and after considering the facts and
circumstances in the matter, may authorize the Town Clerk to issue
a permit upon such terms and conditions as it deems necessary and
proper to ensure the public health, safety and welfare. Upon the
issuance of a permit,' the Town Clerk shall cause a copy thereof to
be transmitted to the Chief of Police of the Town Police Department.
Bond
The applicant shall post a bond suitable to the Town Board as to amount
and surety, or a cash deposit in lieu of a bond, to ensure the cleanup
and restoration of the premises upon which such event takes place
within 'forty-eight (48) hours after the close of the event.
H. Waiver
The Town Board shall have the right, in the exercise of its discretion,
to waive one or more of the requirements or provisions of this section,
upon application to it by the applicant,! if the Town Board determines
by resolution that such waiver will'not~adversely affect the public
health, safety or welfare.
III. This Local Law shall take effect upon its filing with the Secretary of State.
PUBLIC HEARING
SOUTHOLD TOWN BOARD
SEPTEMBER 9, 1986
IN THE MATTER OF A PROPOSED "LOCAL LAW TO PROVIDE FOR THE REGULATION
OF PUBLIC ASSEMBLIES".
Present:
Supervisor Francis J. Murphy
Justice~.Raymond W. Edwards
Councilman Paul Stoutenburgh
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
Councilman George L. Penny IV
Town Clerk Judith T. Ter.'y
SUPERVISOR MURPHY:
Law to provide for the regulation of P
Councilman Penny to do the official re
I'd like to open this public hearing on a proposed "Local
Jblic Assemblies". I would like to ask
]ding of the notice.
COUNCILMAN PENNY: "Public Notice
to the Town Board of the Town of So~
day. of July, 1986, a Local Law entitle
is hereby given that there has been presented
~thold, Suffolk County, New York, on the 29th
d, "A Local Law to provide for the regulation
of Public Assemblies?. Notice is further given that the Town Board of the Town of
Southold will hold a public hearing oq the aforesaid Local Law at the Southold Town
Hall, Main Road, Southold, New York~ on the 9th day of September, 1986, at 8:00
o'clock P.M., at which time all interested persons will be heard."
This proposed Local Law is lengthy and if there is no objection I will read
the waiving of it. (No objection.)
Copies of said Local Law are available in the Office of the Town Clerk to any
interested persons during business h~ours. Dated: August 26, 1986. Judith T.
Terry, Southold Town Clerk."
We have an affidavit of publication from The Long Island Traveler-Watchman.
An affidavit of publication from The ~5uffolk Times, and a notice posted on the
Town Clerk's Bulletin Board by the Town Clerk.
We have a communication he~,e.f~om O. Arthur Ringewald: "1 strongly oppose
any ordinance requiring a perrrit to be approved by anyone regarding conducting
a public hearing. We need no thought control of public hearing control, regard-
less how innocuous. Our police power police now has if a meeting unruly the
power to control a meeting. We warit no thought control."
We have a communication from {he Suffolk County Department of Planning
that says it's a matter of local determination, and a communication from our
Planning Board which I'll read. It ~ays, "Dear Mrs. Terry: The following
action was taken by the Southold Town Planning Board, Monday, August 25,
1986 at the regular meeting. ResolVed that the Southold Town Planning Board
refer the following comments to the|Southold Town Board in regard to the
proposed Local Law to Provide for ~he Regulation of Public Assemblies: (1) It
is not clear that the law does not pertain to provate gatherings at residents.
We feel tt3at these should be specifi~cally exempted from this Local Law. (2) The
Local Law may not pertain to wineries, depending upon the type of permit granted
to them by the State Liquor Author ty (SLA). This needs to be researched.
The Town of Southampton has foun~ that the SLA pre-exempts ce~:tain local
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Local Law - Public Assembly
controls depending on the type of winery permit issued. (3) It is recommended
that the permit fee be increased from $10 to perhaps $25 or $~;0, because the
permit only comes :into play where there is more than 50 people and the Board
feels that a $10 fee is too Iow. (4) With regard to a Section G, the Board feels
that a cash deposit should be required rather than a surety bond to ensure the
cleanup and~ restoration of the premises because that is much more workable than
a bond. With a surety bond it is a lengthy p,~ocess to obtain payment, however,
with a cash deposit, the money can be applied to the clean-up process~immediately.
If you have any questions, please don't hesitate to contact our office. Very truly
yours, Bennett Orlowski Jr., Chairman, Southold Town Planning Board."
There are no further communications.
SUPERVISOR MURPHY: Thank you, George. You did well. Okay, is there
anyone in the audience would like to speak in favor of this proposed Local Law?
On my left? In the middle? On my right? eNo response.) Is there anyone here
who would like to speak in opposition to this proposed Local Law? Si.'. Use the
mike and please identify yourself.
HARPER LeCOMPTE: I suppose we all recognize the importance of the right to
assembly, which is assured both by our Federal and our State Constitution. It
is subiect to limitations, of course, but in order to subject this vital right to such
limitations, there must be a compelling necessity shown. The propcsal which
come out of this Board for this public assembly measure, in my opinion, does not
meet these criteria. Does not meet these tests. In the first place, there's no finding
of compelling necessity in the proposal. Secondly, it's vague and over board. For
example, when I had my house warming a few years ago I'd of had to apply for a
permit, and I suppose instead of just paying those boys ten dollars each to take
care of the parking I'd have had to come down here and explain to the Board how
I was going to-do this. I don't think we want to get ourselves in that predicament.
I had a party at my house a few months ago for George Hockbruckner, who's running
for Congress. Fortunately I wouldn't have come under this because I didn't get the
fifty people out, there were ~ly thirty-two. So I suppose I should have made--if
this had been in force, I'd have had to make an application for a permit, not knowing
whether I was going to get fifty or get thirty-two, or whatever it was. If you're
going to have a big birthday party, you're going to have to get the perr[ission of
t. he Board, obviously,, if we have it at our home. When I was a kid we used to have
the Ladies Aide Society'hold their meetings and their quite big social affairs at private
homes. I suppose if there's still Ladies Aide Societies around they have to come in
and get a permit from the Board under this proposal'. As responsible citizens I
think we need this enlargement of bureaucratic controls like a hole in tl~e head. I
don't think we want big brother watching in on every party we have in our home.
I certainly don't. Thirdly, I feel that the proposa! has insufficient standards to
govern the Board in deciding whether or not to issue a permit. Ir. fact it has
virtually no standards at all. Likewise it has insufficient standards to goverr, the
Board when it's deciding whether or not to give a waiver. While I know it's not
intended for this purpose, I see in this proposal a great potential for local tyranny.
If---I'm not familiar with all the background, but if the Board feels that there is a
need for some kind of legislation such as this, then I'd suggest that the proposal
be redrafted and that there be another public hearing on the new version.
SUPERVISOR MURPHY: Thank you, sir. Is there anyone else here in the middle
would like to speak? Jim?
JAMES H. RICH, JR.: Supervisor Mur~,hy, members cf the ~carc~. I'm here for
the s~me reason that Harper LaCompte is. I read this the other r.ight. I seldor~
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Local Law - Public Assembly
read the legal ads--legal notices anymore, but I read this and I thought to myself,
God, I must have missed something in here. There's nothing in here that exempts
a resident as Harper said, a birthday party. My next door neighbor had his 91st
birthday. I know they had over 100 people. The way I interpret this he would have
had to have a permit.' He would have had to pay $10.00. He would have had to plan
it 30 days ahead of time, and he would have had to show ail these things about how
they were going to park and everything else. They had the party and nothing happened.
It went off fine. Now, he's 90 some years old. He's going to die pretty soon. There's
going to be over 50 people at his funeral. They're all going to come to the house again,
and I don't know how he's going to know 30 days ahead of time when the funeral is
going to be. He's .out in Salt Lake City now, so he won't hear me. But what I really
wanted to do, is I wanted to ask a question, and I don't know whether you answer
questions at hearings or not. I've been on that side of the podium and sometimes we
used to answer questions and sometimes we didh't, but I know your Counsel:Bob Tasker
is usu:~]ly.., pretty good at these things. Am I misinterpreting this; or would this apply
to e~/erybody in'every zone? Because Chapter 100-114 says !'i,n any zone". Arid then
you' go on to put it in that zone, saying what is prohibited', and it's not in the nature
of oil 'refineries or anything.
SUPERVISOR MURPHY: Bob, would you comment?
TOWN ATTORNEY TASKER: The intent of the law was to restrict the effect of this
law to a gathering of the general public. Now, the reason for it was that at the
present time no one is 'allowed to do these things. The purpose of this is to permit
people to have these affairs Where the zoning code does not permit these types of
uses. A typical example is the wine--one of the wineries had a festival with several
hundred people. That's not allowed.
JAMES H. RICH, JR.: I'm not objecting to ....
TOWN ATTORNEY TASKER: You have a Strawberry Festival that's not really .allowed
under the code. What the purpose is is to allow these types of things.
JAMES H. RICH, JR.: That helps me a lot. But also, Bob, if I may use--Mr. Tasker,
doesn't it thought--wouldn't it restrict us in'this birthday party thing, or is---
TOWN ATTORNEY TASKER: I think it refers to members of the public.
JAMES H. RICH, JR.: Yes, but it says--the way I read it it says, "any person".
It says, "For the purpose of this.;,'! and then you read the definitions, and the
definition of a "person" is, "Any person, firm, partnership,.." and so forth. And
then it says, "Public Assembly is the gathering together of fifty or more persons for
amusement,..charity, civic, dining..," so if I have fifty-one people at my house for
a cook-out I read it '1 have to have a permit. I really don't want to be in violation
of any laws, but also I don't really want to have to get a permit to have fifty-one
people.
TOWN ATTORNEY TASKER: The intent as i said, the intent of the law was to
provide for those--and we have many, many organizations who annually have affairs
where they sell tickets to the public, and they have these affairs many times on
residentially zoned property. Strictly enforcing the code these are not allowed.
JAMES H. RICH, JR.: Well I understand---
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local Law - Public Assembly
TOWN ATTORNEY TASKER: And the intent of this was to permit these things,
where the code specifically prohibits it. Now, if you want more exclusionary, or
more definitive definitions of what the public is and what it isn't, or what a private
gathering is and what it isn't, perhaps that could be done, but---
JAMES H. RICH, JR.: Well, I don't .know. It only raised the question in my mind,
and I defer to these attorneys. It just seems to me that I am--under the definition--
I am a person and public'assembly would mean the gathering of fifty or more people
at anything I would happen to have, whether it be charity, or dining, or amusement,
or social--the last, "social or similar pruposes"--the last phrase in the paragraph that
describes public'assembly. I'm not objecting to it. I just feel it's restrictive.
TOWN ATTORNEY.TASKER: It was not the intent. I can say that. It was not the
intent. Now we probably could refine it a little bit to specifically exclude what most
people would consider a private gathering. A wedding, a birthday party, or an,/
other type of private party where members of your family and yours'friends are
actually in,/ired to your home for a special occasion, as disti.nguished from a.service
organization that puts on a fur~cl raiser, and tickets are sold. This is what prompted
us to have something drafted, because otherwise those peopre were in violation of the
zoning code, because that type of activity is not permitted.
JAMES H. RICH, JR.: I understand the intent.
TOWN ATTORNEY TASKER: And I understand what you're saying. You're saying
you could possibly be scooped up as a public assembly. It probably could be reworked
to make it clear as to what is included and what is intended to be excluded.
JAMES H. RICH, JR.: Well, that's exactly the---
TOWN ATTORNEY TASKER: I threw this together in about three hours--two hours,
and I didn't intend it to move immediately to a hearing.
JAMES H, RICH, JR.: I would just feel bad if I hadn't come here tonight and said
that I thought. The suggestion you made would make it more palatable to myself.
Thank you very much.
SUPERVISOR MURPHY: Thank you, Jim. Anyone on the right?
ERIC BRESSLER: Yes, I don't like to belabor the Board. My name is Eric Bressler
and I would like to speak in response to the proposed amendments to the zoning code.
I'm not going to belabor the Town Board with any further comments about the over-
breadth of.the proposed regulation. I think it's plain from the comments that the
Board has heard tonight that the regulation is over-broad with respect to the evils
or ills with respect to which it's directed, Bob Tasker has made it clear that it was
not the intent, although the intent is not set forth in the proposed amendment, that
the intent was not to scoop many of the examples that we~ve heard tonight, and I think
some tuning-up along that line would definitely be in order. I think, however, that
the problems with this particular regulation go a little bit further than just the over-
breadth. I think some of the other comments which were made here are particularly
applicable. First of all.we turn to the question of Section F, the issuance of the
permit. I think it is critical that this Board in any redrafting of this .'egulation set
forth some articuable standards which may be applied by the Board with respect to
an issuance of the permit. I would have to say that in' my opinion this regulation
would be constitutionally vague and unenforcable if some sort of ascertainable standard
for the issuance or denial of a permit is not set forth, and I don't see anything in
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Local Law - Public Assembly
Subsection F. except to say the Board has to investigate, and after considering the
facts and circumstances. I think that that's got to be defined. Secondly, I think
that Subsection G. dealing with the bond. ~!The applicant shall post a bond suitable
to the Town Board as to amount and surety,.." Again I think there should be an
articuable standard' as to what you're looking for based, perhaps, on the type of
the gathering, number of people, etc,, etc., but I think there ought to be again
an articuable standard. And finally, with respect to Subsecit0n H. Waiver, I think
that is constitutionally infirm for the same reasons that Subsection F. is constitutionally
infirm. The Town Board in the exercise of its discretion may 'issue a waiver. Now
I'm not questioning the soundness or unsoundness of any exercise of this Board's
discretion.. Again ] think there ought to be articuable standards, ascelntainable standards
that can be applied even-handedly by the Board. The application proce~J~ure again in
Subsectio~ E. provides for a verified application at least 30 days prior to the date. I
don't know what the Board's thinking is 'about the time for the processing, but this
might not be practical in all cases for all people, and it might work a hardship. I
think that if the Town Board has a legi~timate concern, as expressed by Mr. Tasker,
and I think some of the recent incidents concerning what has occurred in Town has
give rise to a response by the Town Boa.rd, but'l think that the regulation that's
designed to deal with these particular type of problems has to be narrowly defined,
a~d it .has .to be specifically defined in terms of What's set forth in the regulation
order for this 'survive constitutional atta~]~ with respect to the right of assembly.
Thank you.
SUPE.RVI.~SOR. MURPHY: Thank you, Eric. Anyone else on the right?
ALEX HARGRAVE: I'm Alex Hargrave from Cutchogue, and I would like to second
every that Mr.--this yellow sweater said, and the old sweater. I'm here tonight
because the American Civil Liberties Union gave us a call at 6:00 o'clock. You're
famous. And said; "We can't make it. Can you please go down?" I have not had
a chance until just this very minute to see the proposed law. I, as a result, will
not speak to any of the details. However, I'm just a guy, and I suppose a farmer
out here, and I think I operate under maybe 35 or 40 permits. I have to get a
permit for almost everything I do, including burning the trash. There are reasons
for all of these things and I accept that, but this 'is 1986--1984, and I wonder, you
know, is it right to make every use necessary to have a permit. That's really the
question I want to throw to you. Isn't it better to say, "~hese are permitted uses
and anyone who complies with those uses has a right to that use." Rather than
saying, "We're not really going to define the possible uses t'hat you're going to have
in different zones or different areas or amongst different people, or classes or
people, or groups of landowneEs. Isn't it better to say, "These are the permitted
us'es as opposed to try us and see what are the permitted uses?" Rather define
them first rather than leave lit a question mark. Say, "Yes, this is it," rather
than create a mountain of bureauracy which is going to be honored, I suspect, in
the breach, beca~Jse who is a person--] mean my son has two competing soccer
leagues, I'd have to get a permit for that. Are we talking about the exchange of
money? Is that the problem? Is it okay to have an art show is everyone just comes
and sees art, but doesn't pay money? That's a question. Is that a commercial use?
Is the exchange of money necessary? Do people want to make money by their assemblies?
Other people are not interested in that. I think that's a very fundamental factor
because I suspect it's the exchange of money that's a big factor. How about fund
raising? Just before I came down I saw a little segment on CBS News, which I rarely
watch, that said, "Charitable donations are going to lose about 25%, it's estimated,
in'the coming year." We as individuals are probably going to be asked to have more
fund raisers then ever before for charitable organizations. Are we closing that off
at the time it's just going to be needed? These are questions. I haven't had a chance
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Local Law - Public Assembly
to look at it, and thoughts, but I really do feel government that says, "These are
permitted uses,"and anyone who falls within them is good government, and government
that says, "Take a guess w.hat's .a pe'rmitted use and we'll tell you later," is not good
government. That's all.
SUPERVISOR MURPHY: Thank you, sir. Anyone on the left over here would like to
speak? Mrs. Hogan. Please use the microphone and identify yourself.
CHRISTINA HOGAN: My name is Christina Hogan.
COUNCILMAN SCHONDEBARE: What was your name again?
CHRISTINA JURCEWICZ HOGAN: The definitions have been covered and covered.
One of the problems that I have with this are volunteers and the groups such as
historical, chur'ch,, political, class reunions~ Any group that forms for the good of
our Town. You look at our community calendar you have LaLeche meetings, you
have the-Greenport Methodist Church having a ham dinner. You have the historical
museum having a wine and cheese party, Our bady.of Ostrabrama holding an annual
dance. Where do we stop with these? Our definition for "Public Assembly" cuts
everybody that has volunteered for a group. We volunteer because we feel that
there's a need in our community, and we volunteer our time. As far as the application
goes, not only do you need the person who's running the affair, but also the person
that owns the property, or rents the property, or leases the property to fill this out,
aod on top of that you want them to put up money. The purpose in many of these
fund raisihg is 'specifically that, fund raisfng. They don't have the money to put up
in'adVance. And then When you ask us', how are you going to accommodate these
people with food? Who in this Town government is going to say, "No, you don't
prepare this food properly." Do we then go to Health Services? Who's going to say
what's.:.~-he emergency fi-st aid How about, fac lt es for to lets? You going to tell
us what else we need there? Parking of cars if it's at a private home. We all know
what the parking is~ And the waiver has been stated and stated again. There's no
standards in this, and I object. It's an infringement on my civil liberties. Not only
do you make me a cesspodl operator, you are now making me a public'assembly in my
own home. Thank you.
SUPERVISOR MURPHY: Thank you. How do you think the poor bomber pilot felt
coming to his reunion? Frank?
FRANK CARLIN: Frank Carlin, Laurel. This 'includes all the politics, the ones that
has their parties, right?
SUPERVISOR MURPHY: Sure. Everyone.
on the left like to comment? Anyone else?
comment? Yes, ma'am.
Everyonefs treated the same. Anyone
Anyone else in the audienc~ like to
ETHEL WORTIS: My name is Ethel Wortis'and IJm speaking for Arthur Ringewald,
as well as for myself. He wants to register a strong opposition to any restriction
on assembly, on public assemblies. He feels it's a very basic right that we enjoy
and it should not be limited in any way, and I want to second that myself. Please
take note.
SUPERVISOR MURPHY: Thank you. We read his letter into the record also.
Page 7 - Public Hearing~
Local Law - Public Assembly
ETHEL WORTIS: You did. 1 just wanted to be on record.
SUPERVISOR MURPHY: Thank you. Anyone else like to comment to the Town Board?
(No response.) If not, l'dlik~ to close this hearing.
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.~..m'~ ono,:~cr leu~l ~n ~'vo,.,::..s. .~ Ihcili[~e. ~.OC[;le~ OH [he pro?c,- , 'uan~itted 'to the ~ief of
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i ~.'.I~L ~1'? A~I:MIH:Y,'I h~ . pet:ed .c i.~¢nd -u;h ¢~c'm. -'~: The applic~ sh~ ~s[- a
~ ';,t,~l~,~'.:~ .o,,e'h~ ,,.'.h'/~.;'~f ~ rd' ,h~ da~ o~ dul~- ~ud :; bond s~t~to the To~_~_
:"" · ~ ' ' ~b~d~nt ~d
~;, a bond, to ensure ~he-c!~nup
" ~i~ I'ood pl~c wi~hi~ [or~y-e~ht- (48)
ii;) ~hcl~c" hours after [h~ close of the
~, ~ ~mce6,:r,~' ~,j:~ 2~ thc d~h~ i~the exer~e Of its
I~[:~111~h;'lJn..uauHc.i ~rking ~eu-. sions of this section, upon ap-
, p~cr~ ..~:. ~ pHbs c '~.- ''¥. ru~.:d~ (~ tpecu., p~ikc ~(i if the To~ Board det~ncs
, -, I h~u~%, or Pmni; III. Thfs Lo~l Law shall take
~ ~ ~ .,...;. . ~, [toucd. ur,er cam : · effect upon i~ .fi[in8 [he ~e
~'~:~ h.,hr,-i~.',~ ", i~c ~1~ al'~cr c'm.i.~ due im~,,'i:,n, io. F Copiesofs~dLoc~Laware
~ I!~a ;c';J J-~HeJ b~ ~ m~d 'CFOr~ o ~. :md uhcr cu,- av~lablc ~ th80ffi~ of ~thc
(' ~:cr~ pu--pam ~.brm~ ~1:~ I'uc~ und tlr- Town Clerk to any interested
~,.~]'hTb ~c~ icu. $' cum-m~cc- m 'he ym,~m, m~ persons d~in~ business honrs_
amhu,"~c 'he raw.~ (.'le~k m D~TED: AUgust 26. 1986.
-.~ u :.crmJ u~on ~ucl %'rm- J~ITH T. TERKY
,raj coud'dor.- u- L d~cm. SOUTHOLD TO~CLEKK
1,3,