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SOUTHOLD TOWN BOARD
JANUARY 18, 1983
WORK ~=SSION
8:30 A.M. - Audit of outstanding_bills.
8:45 A,M. - Paul J. Ftagg, Marine Scientist, who set up the Raft
Seed Clam Program for the Town, met with the Board to revie~the
1982 program, and present his proposal for year two, 1983. Mr.
Flagg said the program was even more successful that he imagined
it would be. The raft clams, which grew at an exceptionaI rate,
have now been planted in two sites in Town waters, and their
growth rate is being studied further. Mr. Ftagg's proposal for
1983 is higher than the budgeted amount. Councilman Murphy, Council-
man Townsend and Bay Constable Czelatka will review Mr. Flagg's
proposal, research the matching funds from the New York State Depart-
ment of Environmental Conservation, and make a report to the Town
Board at the February 1st meeting.
EXECUTIVE SESSION
9:15 A.M. Special Attorney Richard F. Lark and Executive/Admin-
iszrator Victor G. Lessard met with the Board to discuss personnel
and job performance in the Building Department.
10:00 A.M. - Mr. Paul Greenberg, Chief of Classification, Suffolk
County Department of Civil Service., met with the Board to discuss
position descriptions for employment for two T~wn jobs.
10:30 A.M. - The Board began reviewing the agenda. Under reports,
Councilman Townsend reported on proposals for highway planning;
Councilman Murdock reported on a possible health violation at a
local residence, and proposed information meeting for kerosene
heaters; Councilman Murphy reported on the annual CAST meeting;
Justice Edwards reported on the proposed bowling alley on FiShers
Island, the request of Pirates Cove Marina to have the Town go to
bid for removal and placement of moorings; Supervisor Pell reported
on a proposed information hearing on pending'amendment to the Suffolk
County Tax Act; County Execumive Cohatan fighting the LILCO Shoreham
plant opening, and proposed electric rate increase.
11:05 A.M. - Mr. John Epidy, Captain Kidd Estates, Mattituck,
appeared before the Board to question who will pay the charge for
the proposed feasibility study for the proposed water district.
Supervisor Petl and Town Attorney Tasker advised Mr. Epidy that
initially it would be a Town-wide charge, and if the district is
created, the amoun~ would be charged back to the district. The
feasibility study money would come from the 1983 contingency fund.
Mr. Epidy asked the Board ~o delay the vote on the study as all
of the people in the Captain Kidd Water District are away and
have not been contacted. Further, Mr. Epidy maintained that the
p~esent owner of the water company should be made to obey the law
and maintain his system, thereby saving the taxpayers money. Mrs.
Cleo Tsounis spoke in favor of the study and proposed diszrict.
Mrs. Marge Drape asked the Board to help the Captain Kidd residents.
Mr. James Cai~han said the Board should let the Board of Health do
their job and the Public Service Commission regulate the way they
should and the need for the establishment of a Town district wo~ld
not be necessary,
421 JANUARY 18, 1983
1t:40 A.M. - The Board resumed reviewing the agenda. Supervisor
Pelt reported on his progress in invest~ing Town moneys in the Money
Market Fund, which has been very successful.
12:05 P.M. - Recess for lunch.
1:30 P.M. -'The
Work Session reconvened and the Board resumed
reviewing the agenda.
2:00 P.M. - Mr. Joseph Utrich, Southotd, met with the Board relative
to the reconstruction of JockDy Creek Bridge. He asked for the
Town's support in convincing the County ~o raise the bridge at least~
10 feet from the high water mark; there is now 5.5 foot clearance. I
M~. Ulrich said that the present height restricts certain w~tercraft[~l
from passing, u~der the br[dge,~and the use of his faeititY it thee
head of Jockey Creek; as it ms, commercial watercraft facilities
are greatly limited in the Town.~ Supervisor Pell said he would
requesz an official of the Suffo~ County Depar~menv of Public
Works to come out and further study ~he situation.
2:25 P.M. The Board resumed reviewing the agenda. At 2~55 P.M.
the Board reached Resolution No. 29 - Supervisor Pell's proposed
six month moratorium on new subdivision applications. Councilman
Townsend said he has looked into vhis at grea~ length and conferred
with the Town Attorney, and proposes this be handted by a Local
Law, in his opinion, the only legal- way to go about it~ Supervisor
Peil stated thaz the resolution he put forth was a means of starting
Town Board discussion on the subject, and h.e:wa'~ und~+-the impressioh
the Board could come up with a.s~itable res6~n, however, if ~
Councilman Townsend has gone this far into
of enacting a moratorium, he was asked to.~pr6~snt~ a p~osa~ for
the February 1st meeting. Councilman ToWnsend said~oul~ ~bonffr
ith Town Attorne Taster county Plannin Oe artm t
Director Arthur K~nz, and have a p~oposed Local ~w f~he'~own
Board on February tst.
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on
Tuesday, January 18, 1983 at the Southold Town Hall, Main Road,
'S0u~h01d, New York. Supervisor Pell opened the meeting at 3:00 P.M.
with the Pledge of Allegiance to the Flag.
Present: Supervisor William R. Pell, III
Councilman John J. Nickles
Councilman Lawrence Murdock, Jr.
Councilman Francis J. Murphy
Councilman Joseph L. Townsend, Jr.
Justice Raymond W. Edwards
* * *
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
Moved by Councilman Nickles, seconded by Councilman Murdook, it was
RESOLVED that the Southold Town Board minutes-of the Organizational
are hereby approved. ' ' ' ' ~ '
Vote of the Town Board: Ayes: Justice Edwards, CounciIman
To%~send, Councilman Murphy, Councilman ~{urdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
JANUARY 18, 1983
422
Moved by Councilman Murdock, seconded by Councilman Townsend, it was
RESOLVED that the following audited bills be and hereby are ordered
paid: General Fund Whole Town bills in the amount of $3~,625.55;
~ral Fund Part Town bills in the amount of $29,507.24.
Vote Of'the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pe!t.
This resolution wa~ declared duly ADOPTED.
Moved by Councilman Murdock, seconded by Councilman Townsend, it was
RESOLVED that the next regular meeting of the S~thold To~n Board
will be held at 7:30 P~M., February 1, 1983 at the Southold Town
He'll, Main Road, Southoid, New York.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nicktes, Supervisor Pel!.
This resolution was declared daly ADOPTED.
SUPERVISOR PELL: I would like to announce that we might have a
SPecial Meeting on February 8th if the bills are not ready to be
audited on February 1st.
!. REPORTS
SUPERVISOR PELL: These reports are on file in the Town Clerk's
Office and anybody can review them by asking the Town Clerk.
1. Justice Tedeschi's monthly reporz (December 1982).
2. North Fork Animal Welfare League, Inc.'s monthly report
(December 1982).
3. Seed Clam Mariculture Program t982 report presented to
the Town Board today by Paul Flagg.
4. Justice Price's monthly report (December 1982).
5. Long Island Cablevision's.monthly report (December 1982).
6.a. Police Department's monthly report (December 1982).
6.b. Police Department's annual report (1982).
7.a. Building Inspector's monthly report (December 1982).
7.b. Building Inspector's annual report (1982).
8. Assessor's monthly reporz (December-1982).
9.a. Town Trustee's monthly ~eport (December 1982).
9.b. Town Trustee's annual report (i982)~
!0. Councilmen's reports. Councilman Townsend?
COUNCILMAN TOWNSEND: A couple of things. One had to do with what
we were just talking about in Work Session, trying to develop a
system ~o protect those areas which I feel are in peril by overuse
of our limited supply of water, and thaz involved several meetings
with some people and next week I hope mo get together with rep-
resentatives of the County Planning Commission, Town Planning Board,
Health Department, zo see if we can work out a feasible Local Law
to protect these areas. The other thing that we are involved 'in
was on the Highway Committee, we met with representatives of Raymond,
Parish, Pine and Weiner to discuss guidelines for fuzure needs of
the Highway Department. One of the things that we discussed was
limiting of dedicated roads and the way we might reduce the tax-
payers bill in the future. One of the reasons that the Town taxes
go up all the time is because we have more and more roads to service,
maintain, which have not been provided for. in any other manner other
than tax dollars. In the future I think if we limit the amount of
miles of roads that we accept we change the basis on which we accept
it and we encourage cluster development we'll be able to keep taxes
down as far as maintaining highways, and that was one of the things
we were discussing, Ray Dean, Superintendent of Highways, myself and
Pauta Gilbert.
SUPERVISOR PELL: Larry?
COUNCILMAN MURDOCK: We had a meeting o£ the Code Enforcement
Committee on January 12th, 1983. Primarily what we disCUssed
was the 280A access, whick is subdivision roads and getting
approval for emergency vehicle access to lots that have been
set aside over the years and somebody now wants to build on ~hem.
We're attempting to ameliorate some of the restrictions and try
and get a road system for those people that would be a little more
acceptable than what is being required right now. We will have
another meeting on tha~ subject on January 31st at 7:00 P.M. in
JANUARY 18, 1983
the Town Hall. Also, this morning.during the Work Session I asked
that the Town start the procedure for setting a public hca'ring
with the fire services in Town who want to go over the use of
unve~ed kerosene stoves, as well as unvented stoves of all types
and we would tike to start the process where we can start~ wi~h a
pubIic hearing. We're go!ng to contact the Department of State
for their latest regulations and we'tl proceed along with that
subject. Thank you.
SUPERVISOR PELL: Thank you. Councilman Nicktes? (Nothing)
Councilman MurPhy?
COUNCILMAN MURPHY: Just one short thing, Bill. On behalf of the
CAST Board of Directors we'd like To thank all the people in
So,utho!d Town for th.ail gqne~r~.o_S~y thais .Chri~s/~mas se,ason.. It had
over 50~o increase it[ d~natio'~s o~~ money ~his past yea~ and it was
most appreciated. Thank you.
SUPERVISOR PELL: Judge Edwards'? (Nothing) I 'd like to report
that at the East End Supervisor's meeting, the Suffolk Coun%y
ExeCutive was there and brought us up to date a little bit about
the Suffolk County Tax Act and the Super%isor's of the Five East
End ToWns will request'a hearing be held in each of the townships
regarding the new collection of taxes. It is proposed .that the
schools will go to a four zax paymen~ system under the Town office.
So we are going to have a hearing ou~ here on the proposed new
tax act some time the first part of March. Also, we discussed
the erosion om the beaches ~ the South Shore an~ the North Shore
with Our County Executive, asking him to 10ok into see if any
County, State or Federal aid is available for the erosion that
is occurring on the eastern end of L~ng Island.
Next, I would like to announce that I' received a lc'tier from
Commissioner Chester saying thai Frank $~a~:e:.3',~?:~.:~To)~p, of Southold
was elected tq bq Chaizman~ of the Advisory Cofi~i:~:',TruS~q~eS?ark,~;~ ahd
Recreation. Frank Bear is a member of our Town ~nd represen[t~ the
Town on this co~ittee. He h~s been on it for three'now and they
One electedof our him own. this past weekjto President. Frank, we congratulate you~
II. PUBLIC NOTICES
COU~CILMAN MURPHY. 1. Unmted States Environmental
Agency notice concerning the Greenport-Southold Scaven~~ Was{e
Treatment Facility and the purpose of the proposed pr0j$~ is to
eliminate public health hazards and contamination of gr~undw~azer
supply by eliminating the d~ping of untreated scavenger waste
into an unlined landfill. Location.is the Incor~ra%ed Village
of Greenporz and Town of Southold. There is quite a large
description of it. This is posted on the Town Clerk's Bulletin
Board. There will be additional hearings on this also.
2. Notice or. Complete Application. from the New. York Sta~e
Department of Environmental C~nservation by Feanorio Sciotto~ ro
construct 122 linear feet of bulkhead in the south basi'a and'
construct 343 linear feet of bulkhead in the north basin at or
above mean high water.. Dredge up to 15 ft. seaward of proposed
bulkhead ~oa depth of..~ ft. below mean low water. Of the
resultant 520! cubic yards of spoil, use 80 cubic yards as back-
fill and truck remainder to landfill. Project located at Boatmens
Harbor Marina, west side of West Creek Avenue, Wickham Creek,
Cutchogue, Town of Southold..Co~ments to the D.E.C., Daniel. J.
Larkin, by Febr~ry 4,~1983. This again is posted on the Town
Clerk's Bulletin Board. -
3. Notice of Complete 'Application to the New York State
Department of Environmental Conservation by Rober~ and Patri~ia
Tr~xei to construct 65 lineal' feet of new timber bulkhead tot tie
~xisting bulkhead on eastern end of propermy, and extending
to end of dredged canal on western end. Bulkhead will be plac~
~o further than five feet offshore of mean high water. Approximately
tea cubic yards of clean upland fill to be used as backfill. A 20
foot by 4 foot intertidaI marsh fringe existing along eastern end
to be ~ransplanted ~o western end of property prior to construction.
Project is located in dredged canal off James Creek a~ 2800 Ole Jule
Lane, Mattituck, Town of Southold, Suffolk County. New York State
D.E.C. is lead agency. Co, cuts ~o Daniel J. Larkin, Stony Brook,
February 4, 1983.
A very important one, a~d one that we've had going on-' in
years With the help of the senior citizens,'
JANUARY 18, i983
424
and it's to ,help people prepa~i,heir ~ncome tax. It will be done
this year again atdP:he peco:~'~ Citize~ Center on Tuesdays and
Thursdays from !0:00 to 2:00', and at the Southold Free Library, Main
Read, on February 1Bth and March 25th from i0:00 to 2:00.
SUPERVISOR PELL: That last notice is for people 60 years of age
and over ~o ge~ this help.
Iit. COMMUNICATIONS
SUPERVISOR PELL: The first one I will have read to you by Council-
man Murdock. It's something he proposed to the To~n Board two
years ago and I'd like you zo pay extra attention.to the third
paragraph, I'm proud of it. Go ahead, Larry.
COUNCILMAN MURDOCK: "Dear Mr. Pelt: The staff of the Blood
Program gratefully acknowledges t~he_receipt (for the second time)
of t000 large and small,stamped, pr%nted envelopes in mid-December,
1982. We thank the Southold Town Board for this recognition and
generous contribution. We appreciate the special efforts o~ .your
member Mr. Lawrence Murdock in this matter. Our Blood Program is
the most active and largest Community Program in 19 metropolitan
counties', having donated 5,412 pints a~ 26 Bloodmobiles in 6~ years.
Thank you for helping to make this program possible and outstanding.
Sincerely, Arlene Magaw, Program Coordinator." As an aside, I think
the Town of Southotd is very fortunate in having a woman like Arlene
Magaw. I've been assogia~ed with this program now since its inception
as a d~nor and I've been watching Arlene. She does a fantastic
amount of work keeping, this program organized and going. There are
some hundred volunteers that she schedules to make phone calls,
make appointments and this program is really outstanding. I think
that 95~I of it is due to the dedication of Arlene Magaw.
SUPERVISOR PELL: Thank you. We're Number One of 19.
2. From H2M in regard to the Scavenger Waste Plant we are
thinking of consvructing in the Village of Greenport in conjunction
with them. I use the word thinking as the contract is not signed
and we are still looking into it. This is a Negative Declaration.
3. From the County Department of~ Emergency Preparedness in
reference to any emergency, drills or aezs of emergency ou~ there
to make sure we notify themJ If we have a drill they want to be
notified of the drill so they can be parv of it.
4. Reference ~o insurance with the Department of Environmental
Conservation on opening of Laurel Lake. The Departmen~ owns a piece
of land up there, New Yo~k. State does, and they anticipate opening it
up this. spring. They want to use the Town land for a parking lot of
four or five cars. We have problems with the insurance but we are
going to work that out.
5. A complaint with Cablevision by a resident of Southotd
Town (Dorothy W. Faucon), and I'm pleased to announce that on
January 12th the Town of Southold did send a proper complaint from
Town Attorney to Albany requesting them, the Commission, to hold a
hearing on the problems that we are having in Southotd Town. The
other four east end towns have decid~ed just to do this last month.
We have been about a year getting these complaints in line, getting
this far along. So we will be having a hearing on the various
complaints that we have and we have a thick file of complaints in
the last two or three years.
6. Letter from Mr. Joseph Ulrich of Ulrich Marine came in and
addressed the Board this afternoon about the dredging of Jockey
Creek and raising the bridge up. We will go over in detail with
the Department of Public Works.
7. Letter from Wehran En6rgy Co. rporation giving us a contract
to review where they would go into the landfill and pump our methan~e
gas 'off and perhaps if there is enough there ~the Town would receive
some royalty out of it. Something we're reviewing. It's being done
in Smithtown and once they get it set up in Smithtown your Town Board
will go up and look at it being done in Smithtown before we sign the
contract.
8.(a),(b),(c). This has no do with the water problem up in
Captain Kidd Estates. Later on under resolutions we will deal with
it.
9. From a taxpayer in the Cleaves Point Association (H. Stabile),
complaining about the increase in taxes, town, school, and county
taxes, ~11 of them. For information sake, the Town went up approx-
imatetyr-and I'm pickii~g on where I live in Greenport now, because
JANUARY 18, 1983
I did a £our. year survey on my own house, the county tax went up in
Greenport where I live 60% in four years, school district went up
50~ - o,
~ in four years, and the town in the same four years went up 21~.
! in.£ormed the gentleman of that an he said, weil, the town's not
Too ~)ad compared to the rest of them.
i0. From Ann Hurley, Receiver of Taxes in Huntington, suggest-
lng that she sit on the Tax Act committee and t~t all.towns have
a hearing and let the citizens see what it's all about.
11. About having a caution light back up on Rouve 48 in Peconic
Lane .and Mill Lane in Peconic, where there used to be a caution
light, The residents up there, many of them would like ta see that
light put back up.
12. Books we received from the County - Radiologicxl Emergency
Response Plan:, volumes I, II and II. During the'next few weleks we
~itl 2ryand review the conclusions of them, not read the entire
· 5~oks; ~nless we fa~m it out"to one Councilman each.
13. Local Law creazing the Pine Barrens as a Watershed Preserve.
The Pine Barrens are not in Southold Township and Mr. Wayne Prospecz
of Huntington senz this out for our information.
IV. HEARINGS - There were no hearings scheduled on this date.
V. RESOLUTIONS
1. Moved by Councilman Murphy, seconded by Councilman Townsend, it was
(a) RESOLVED that the Town Board of the Town of Souzhold hereby auzh-
orizes the transfer of $7,500.00 from the Genera! Fund Whole Town
Con-tingentAccount into General Fund%~01e TownAS030.4 Research(feasibility
for the purpose of hiring an engineering firm to prepare: a Map, szuuy3
Plan and Report on the establishment of a Town Water Distric2 in
the area now served by the Captain Kidd Water Company;'
V '
o~e of the Town Board: Ayes: Councilman Townsend, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
No: Justice Edwards.
This resolution was declared duly ADOPTED.
(b)
Moved by Councilman Nicktes, seconded by Supervisor Pelt,~
~EREAS; the Town Board of the Town of ~outhold is ~0~sidel~g the
establishment of a Town Water District in the area n r~ by
the Captain Kidd Water Company, Mattituck, New York, ~
WHEREAS, the establishment o~ such a district must be based ~pon
a Map, Plan and Report, now, ~he~efore, be it
RESOLVED that pursuant to the provisions of Article 12-A of the
~own Law, the sum of $7,500.00 be and the same hereby i~ appropriated
providing the facilities, improvements or services in ~roposed- ~
Town ~ater Distric~ in the area now served by the Captain Kidd Water
Company, and be it further
RESOLVED that this resolution is subject to a permissive referendum.
Vote of the Town Board: Ayes: Councilman Townsend, Councilman
Murphy, Councilman Nickles, Supervisor Pell. Noes; Justice
Edwards, Councilman Murdock.
D ~
This resolution was declared duly A OPTED.
2. Moved by JUstice Edwards, seconded by Councilman Murdook, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
Susan Long her Step 3.salary increase in the amount of $500.00,
effective'February 1, 1983.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councitm~n Murphy~ Councilman Murdock, Councilman
Nickles, Supervisor Pe!t.
This resolution was declared duly .~LDOPTED.
3. Moved by Councilman Murphy~ seconded by Counoiiman Murdock,
~FHEREAS, Enconsultants, Inc. on behalf of Frederick Ra~mes applied
to the Southold Town Board for a permit under the provisions of
the Wetland Ordinance of the Town of Southold, application dated
October 4, 1982, and
WHEREAS, said application was re~erred to the Southold Town Trustees
and the Southo!d Town ConServation Advisory Counci~ for the findings
and recommendations, and
WHEREAS, a public hearing was held by the Town Board with respect to
said application on the 7th day of December, 1982, at which time all
interested persons were given an opportunity to be heard, now,
therefore, be it
RESOLVED that Enconsultants, Inc. on behalf o£-Frederick Raymes be
granted permission under the provisions o~ the Weti~nd Ordin~ac'e of
'the Eowm o£ Southo~d to comstruct 90 ~t.- o~ timber b~l~head, extend-_-[
iin~ fromcOrne~s.~of adja~entexistingbuikt~ea~s t~ P°imts l~i~f~..fr6~i
JANUARY 18, 1983
426
mutual property line; 10 ft. returns to be built at this point,
allowing a 24 ft. open area which would be sloped for use as a
launching ramp, PROVIDED no asphalt is used for the launching ramp;
to maintenance dredge an area 20 ft. by 70 ft. to 6 ft. below MLW
offshore of proposed bulkheads, and resultant spoitl to be placed
upland. Applicant has the option of repositioning the existing
float lengthwise to the bulkhead, and adding a 3 ft. by 3 ft. plat-
form which will be cantilevered from the bulkhead down to a 2½ ft.
by 12 ft. hinged ramp. SUBJECT to the condition that the applicant,
if he is not the owner of the land involved, obtain the consent or
permission of the owner of the land for the construction of the
facilities applied for. Location of property: on~manmade Fordham
Canal, at right-of-way off Wiggins Lane, Greenport, New York. This
permit shall expire on January 18, 1983; there shall be two inspections
required; and the Town Clerk shall be notified when the project is
CGmpleted;
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nicktes, Supervisor Pell.
This resolution was declared duly ADOPTED.
4. Moved by Councilman Murphy, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of the-Town of Southold hereby goes
on record as .~Upporting the concepz of a Federal Bottle Bill, and
urges our representatives in the federal government To sponsor such
legislation.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Nickles, Supervisor Pelt. Noes: Justice Edwards, Councilman
Townsend, Councilman Murdock.
This resolution was declared LOST.
5. Moved by Councilman Murdock, seconded by Councilman Townsend, it was
RESOLVED that pursuant to Article 8 of the Environmental Conserva-
tion Law Stare Environmental Quality Review and 6NYCRR Par~ 617, -
Section 617.10 and Chapter 44 of the Code of the Town of Southold,
notice is hereby given that the Southold Town Board, as lead agency _
for the action described below, has determined that the project,
which is unlisted, will not have a significant ef£ec~ on the
environment.
Description of Action: Application of Ken Hahn of Tidewater Dock
Building Co. on behalf of Boatmen's Harbor Marina for a Wetland
Permit to construct new bulkheadi~g, and dredge ~'in fron~ of the
bulkhead, with spoil to be used to-backfill behind the bulkhead,
at West Creek Avenue, off Cutchogue Harbor, Cutchogue, New York.
The project has been determined not to have a significant
effect on the environment for the following reasons: /
An environmental assessment has been submitted whidh indicated
that no significanz adverse effect to the environment are likely ~o
occur should the project be implemented as planned.
Because there nas been no response in the allotted time from
the New York State Department of Environmental Conservation, it is
assumed that there is no objection nor comments by that agency.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Council
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
6. Moved by Justice Edwards, seconded by Councilman Nickles
RESOLVED that pursuant to Article 8 of the Environmental
tion Law State Environmental Quality Review and 6NYCRR P
Section 617.10 and Chapter 44 of the Code of the Town of
notice is hereby given that the Southold Town Board, as
for the action described below, has determined tha~ the
which is unlisted, will nor have a significan~ effect on
environment.
Description of Action: APplication of Robert. V. Rider.,
Wetland Permit. Permission is requested to dredge, cons
caEwalk and dock on property located off west branch of
reek, west of Minnehaha Boulevard and south of Wigwam Wa
New York.
The project has been determined not to have a signi
effect on the environment for the following reasons:
An environmental assessment has been submitted whic
that no significan~ adverse effect ~o the environment ar
occur should the project be implemented as planned.
Because there has been no response in the allotted
the New York State Depar{ment of Env'ironmental Conservat
assumed that there is no objection nor co~ments by that
, it was
Conserva-
· rt 617,
Southoid,
lead agency
project,
the
Ir. for.a
truct a
2orey
, Southotd,
icant
indicated
likely to
;ime ~rom
,on, 'it
.ge~cy.
JANUARY 18, 1983
Vote of the Town Board: Ayes: Justice Edwards, Cou~eilman
Townsend, Councilman Murphy, CoUncilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
7. Moved by Councilman Nickles, seconded by Justice ~dwa~ds, it was
RESOLVED that pursuant to Article 8 of' the Environmental Conserva-
tion Law State Environmental Quality Review and 6NYCRR Part 617,
Section 617.10 and Chapter 44 of the Code of the Town of Southotd,
nozice is hereby given that the Southol'd Town Board, as lead agency
for the action described beloW, has determined 'that .the. projecz,
which is unlisted, will no~ have a significant effect on the
environment.
De~cripzion of Action: Application of Enconsultants, Inc. On
behalf
of
Lawrence
D. Byr~, Jr. for a Wet~!and Permi~ 'to construct
a timber dock consisting of a fixed ete.va~J~d catwatk~ hinged ramp,
and float secured by two piles a~t the east side ~Of HarbOr Lane, on
Eugene' s Creek, Cutchogue, New York.; -
The project has been determined not to have a significant
effect on the environment for the following'reasons:
An environmental assessment has been submitted whith indicated
that no signlficant adverse effect to the environment are likely
occur should the project be implemented as planned.
Because there has been no response in the allotted time from
the New York State Department of Environmental Conservation; it is
assumed that there is no objection nor com,~nents by that agency.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Tovznsend, Councilman Murphy, Councilman MurdOck, Councilman
Nickles, Supervisor Petl.
This resolution was declared duly ADOPTED.
8.
by Councilman Townsend, seconded by~ Cdu~C~lman~?~r~oc~, it was
RESOLVED that pursuant to Article 8 of t~e'~En~i'rOnmen-$~l C~Serva~-
tion Law State Environmental Quality Review and:76NYcR~!~)a~r~ [617,
Section 617.10 and chapter 44 of th~ Code of the ToWn
notice is hereby given that the S0uihold Town Board, a~e~ad agency
for the action described below, has determined that the p~ect,
which is unlisted, will not have a significant effect~
env i re nment. '~'~
Description of Action~ Application of Enconsultants, !nc. on
behalf of Robert K. and Jean Fairlie for a Wetland Permit 5o
replace, within 18 inches, ~80 tin,ar feet of ~xisting~i~d~et~riorating
timber bulkhead and backfill with 20 cubic yards of cI~an sand fill
to be trucked in from commercial upland source, at the~th side
of Wells Avenue, on Jockey Creek, Southold, New York.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
9. Moved by Justice Edwards, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southotd amend ~heir
Resolution No. 10 adopted at~a Regular Meeting held on November 9,
'i982, by withdrawing the name of Francis J. yakaboski for an ' '
increase in per hour compensation as a Special Attorney for the
Town of Southold.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
1~. ~{oved by Councilman Murdock, seconded by Councilman Nickles, it was
RESOLVED that the Southold Town Board declare itself lead agency
in regard to the State Environmental Quality Review Act in the
matter of the application of Virginia G. Jones for a Wetland Permit
on certain property located on Budd's Pond, ~t the end of Willow
Point Road, SoUthotd, New York.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
I1~ Moved by Councilman Townsend, seconded by Justice Edwards, it was
RESOLVED that the Southold To%vn Board declare itself lead agency
in regard to the State Environmental QUality Review Act in the
matter of the
Permi~ t
JANUARY 18, 1983 ~ 428
Main Road, Southold~?New~Y~ f~.~:~ .......
Vote of the Town Board: Ayes: JuS:tice Edwards, Councilman
. Townsend, Counci%man Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Petl.
This resolution was declared duly ADOP:TED.
12. Moved by Councilman Murphy, seconded by Councilman Nickles, it was
RESOLVED that the application of Geraldine Davis for renewal of a
single family house zraiter permit for zrailer located on the south
side of Sound Avenue, Mattituck, New York, be and hereby is granzed
for six months.
Vote of the Town Board: Ayes: Justice Ed~vards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution~as declared duly ADOPTE~.
13. Moved by Councilman Murdock, seconded by Councilman Nic~les, it was
RESOLVED that the Town Board of the~Town of Southold hereby appoints
William P. Ruland a member of the S6'~thold Town Conservation Advisory
Council, efffective January 11, 1983 thorugh January tt, ~985.
Vot~ of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman MurFhy, Councilman Murdock, Councilman
Nickles, Supervisor Pe!l.
This resolution was declared duly ADOPTED.
14. Moved by COuncilman Townsend, seconded by Justice Edwards,
WHEREAS, Nancy Carley, an attorney for over 30 years, who has
defended thousands of criminally accused, has been chosen by
the East End Women's Network as its 1953 Woman of the Year, and
WHEREAS, Miss Carley, who was admitted to the bar in 1948, has
distinguished herself in the legal profession in the Staze of New
York as a defense aztorney, appearing regularly in the Cour~ of
Special Sessions and the County and Supreme Courts in Queens, Kings,
Nassau, New York and the Bronx, and from 1967 to 1972 as a trial
counsel for the Legal ASd Society of Suffolk County in both the
County and Supreme Courts, and since 1972 as the attorney in charge
of the Five Eastern Town Justice Courzs, now, therefore, be it
RESOLVED that the Town Board of the Town of Southotd, in recognition
of Miss Carley's outstanding accomplishments throughout her career,
wishes ~o extend congratulations and best wishes to Miss Carley for
the honor bestowed upon her~ East~End Women's.Network, tnc.'s
"Woman of the Year £or 1983".
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Peti.
This resolution was declared duly 4DOPTED.
SUPERVISOR PELL: There's a dinner being held to honor Miss Carley
on Wednesday, January 26th at 6 o'clock at Brasby's Restaurant in
Aquebogue, donations are 212.00 per if anybody wishes to az~end.
I will be there, my wife and I.
15. Moved by Councilman Townsend, seconded by Councilman Murdock,
~ff{EREAS, a proposed Local Law No. 1 - 1983 was introduced a~ a
meeting of this Board heId on the"23rd day of November, 1982, and
WHEREAS, a public hearing was held thereon by the Board on the
21st day of December, 1982, at which time all interested persons
were given an opportunity to be heard thereon,
NOW, THEREFORE, BE IT RESOLVED that Local Law No. I - 1983 be
enacted as follows:
LOCAL LAW NO. 1 - 1983
A Local Law to EstabIish a Landmark
Commission and to Prescribe Its Duties.
BE IT ENACTED by the Town Board ofthe Town ofSouthotd as follo%vs:
The Code of the Town of Sou/hold is hereby amended by adaing thereto a new
Chapter to be Chapter 56 to read as follows:
Section 56-1. Short Title
This chapter shall be known and may be ciied as ~he "Landmark
Preservation Law of Souihold Town".
Section 56-2. Dectaraiion of Purpose and Policy
429
JANUARY 18, 1983
The Town Board finds there exists in the Town of Southold structures
and but}ding s of. historic, or architectural, s ~ gnificance,Aa . antiqui~t,y, 'miqueness of
exterior design or construction, which should be conserved, protected and preserved
to preserve the architectural character of Sou/hold Town, coniribute to the aestheti~
value of the Town, and promote the general good, welfare, health and safety of the
Town and its residents. Therefore. it is the purpose and policy of this, chapter to
establish a Landmark Preservation Commission and procedures which it can
follow to assistSouthold Town owners of buildings and structures in order to con-
serve, protect and preserve such structures and buildings thereby preserving the
unique character of'Southold Town which wilt substantially improve property and
commercial values in the Town and make its hamlets even better places in which
to Ii.ye.
Section 56-3. Definitions
indickted:
As used in this Chapter, the following terms shall have the meanings
COMMISSION - The Landmark Preservation Commission established
pursuant to this Chapter.
EXTERIOR ARCHITECTURAL FEATURES - The architectural style,
design, .general arrangement and components of ali of the outer surfaces Of any
building or structure.
HISTORICAL SIGN~ICANCE - The quality of a buildim~ or structure
based upon its identification with historic persons or events in th~'.%T?[o'wn of S°uth01d.
AR CHITE CTURAL SIGNIFICANCE - The qua{i~ 0f:;[a~ bnilding or _
structure based on its date of erection, siyle an'd Scs.~c[~[ ~ame,' .qu~i~y of
design, present conditiOn and appearance or oiher cha~racteriStics that embody .+.he
distinctive characteristics of a type, period, or method of construction.
LANDMARK - Any structure or building which ha~ ~'-~ ..... ~D~I ~or
LANDMAt~K DESIGNATION - ~he designation of a-l~dmark pursuant
to the provisions of this Chapter.
STR'UCTUriE - Any assembly of materials, forming,~.~mstruction
framed of component structural parts for occupancy or use, including bui~gs,
Section 56-4. Landmark Preservation Commission
A. There is hereby created a Landmark Preservation Commission
which shall consist of five members to be appointed by the Town Board, to ~erve
without cornpensation.
B. The'term of office of each member appointed to said Commission
shall be two (2) years, provided, however, that of those members first appointed,
three (3) shall be appointed for one (1) year, and two (2) shall be appointed for
two (2) years. If a vacancy occurs other than by expiration of a term, it shall be
filled by the Town Board by appointment for the unexpired term.
of the Commission shall constitute a quorum for the transaction of business. The
C6mrnission shall keep written minutes of its meetings, showing the vote of each
member upon all questions voted upon, and such minutes, together with all records
of the Commission shall be promptly filed with the Town Clerk.
D. The Commission may appointfrom its members, a Chairman,
and a secretary, each of whon~ shall serve for a term of one year, or until their
successors are appointed.
E. The Commission may incur such expenses in the perfromance
of its dulies as may be authorized and appropriated by the Town Board.
JANUARY 18, 3:983 '- 430
Section 56-5.
Duties of COmmission
The Commission shall perform the following duties and functions:
A. Encourage the'preservation of Landmarks through educational
activities.
B. Recommend buildings and structures to the Town Board for
landmark designation in accordance with the provisions of Section 56-6 hereof.
C. Review, and where appropriate give advisory recommendations
with respect to all applications for building permits.involving alterations of the
exterior of designated landmarks'in accordance witk~the ~ocedhres S~t £o~t!h ~-~
Section 56-7 hereof.
D~ Cooperate with civic and professional organizations interested
in landn~ark preservation. ~
E. Offer advice and suggestions, to or at the request of owners or
the 'Down Board to implement the purposes of this -"hapter.
F. Promote and encourage historic awareness and ju'dicious concern
for designated landmarks.
Section 56-6. Landmark Designation
A. Selection of buildings and structures for landmark designation
shall be determined on the basis of historical and/or architectural significance.
B. In considering buildings and structures for possible landmark-
designation, the Commission shall comply with the following procedure, to wit:
1~ Prior to recommending to the Town Board that a building
or structure be designated as a landmark, the Commission shall give written notice
to the owner of the property, as shown on the last completed town assessment roll,
that the Commission is considering recommending to the Town Board that the
building or structure be designated as a design&ted landmark. Such notice shall be
sent by certified mail, return receipt requested~ Such notice shall request that
the owner consent to such designation by signing and returning the form of consent
enclosed with the notice. Such notice shall also indicate that if the owner objects
to such designation, or desires further informalion, the owner may return the form
enclosed with the notice, which requests that the owner and/or representative seeks
a meeting with the Commission within thirty (30) days from the receipt of s~lch
request by the Commissioner.
2. The Commission may not proceed to make its recommenda-
tion unless one (1) of the fdllowing conditions are met, to wil:
(a) The owner consents in vrriting to such designation; or
(b) The owner, within thirty (30) days from the receipt of
notice specified in S_ection 56-6, B-1, has failed to notify the Commission of his
objection to such designation, or failed to request a meeting with the Commissioner;
or
(ci A member of t~e Commission has personally met with all
of the owners of the property being considered for designation, and has fully
explained all aspects of designation and the consequences that will result from ~uch
de signation.
3. When the Town Board receives a recommendation from the
Commission that a buitdlng or struetu~re be designated as a landmark, the Town
Olerk shall give written notice thereof to the owner of the property, stating the
time and place when the Town Board will meet to consider the question of the land-
mark designation of such building or structure. Such notice shall also state that
the owner shall be given an opportunity to be heard at such meeting.
T
C. The desig~.ation of property as a designated landmark by the .
of this chapIer, shall not impose any obliga-
431 JANUARY 18, 1983
tion or ~esponsibitity upon the owners thereof, nor shall such designation in any
manner restrict or limit the use, developn~ent, repair, maintenance, alteration or
modification of the property by the owners thereof.
D. The designation of property, as a designated landmark by the
Town Board, ~ pursuant to the provisions of this chapter shall not become effective'
until such property is entered in the_ Register of Designated Landmarks and filed
with the Town Clerk.
Section 56-7. Reveiw of Building Permit Ap~h, cations
A. Every application for a building permit for the reconstruction or
alteration of or addition to a designated landmark shall be referred by the Building
Inspector to the Commission~for {~ts
comments and recommendations.No
permit shall be issued unt~ the Commission has filed ~ts written, comments and
recommendations with the Bu~d~g InspectOr, :~d mailed a copy thereof to~ the
applicant, or the passage of fourteen (14) days from the date of referral~ ~hichever
shall first occur.
B. The applica~on for a bu~d~g permit shall nol be deemed com-
plete uni~ the Co~ission has f~ed tis wriiten commenis ~d recommendations,
or lhe passage of fo~teen (i4) daYs ~roTM the da!e of referral of ~e Bu~din~ permit
application to the Com~ssion, whichever shall first oc~ar.
the Commission shall consider ~
the exterior architectural feature:
recommends modification in the contemplate(
tectual features or'he structure,
imize the costs, time and inconve
In reviewing an application, for a building permit referred tO it,
i mtn-
D. In reviewing an application for
sion shall consider only the exterior architectural feature ~_.g ~r
structure.
E. The ,comments and recommendations of the Co~W~::s~ ~with
respect to building permit applications referred to it pursuant~t0 ~n, shall
be deemed advisory only. The Owner's rejection Of o~ refusal ioc ~th such
comments and recommendations shall not delay or in any way imPed~:~he~ti~v~ise
favorable action on the issuance of a building permit.
F. Nothing contained in this chapter shall be deemedto prevent
the ordinary and necessary maintenance and repair of any exterior architectual
features of a designated landmark which does not involve a significant change ~
design, material or outward appearance thereof.
Section 56-8. Termination of Landmark D,esignation
Vv~henever a designated landmark is destroyed or its exterior is
altered to such an extent that it ceases to have architectural significance, the
Town Board may, by resolution, direct that it be removed from the Register. of
Designated Landmarks. Prior to taking such action, however, the. owner shall be
given written noticecf such proposed action, and shall be given an opportunity to
appear before the Town Board and be heard thereon.
Section 56-9. Severability
Each of the foregoing provisions of this chapter has been adopled in
an endeavor to preserve and exlend the public welfare by_preservin~ the character-
istics of historic and/or architecturally significant structures or districts. In the
event thai 'any portion of this chapter: shall be determined invalid, such deternmh~-
ation shall not affect or re sult in the invalidity of any other provision contained in
this chapter.
Section 56-10~ Effective Date
This Local La~ shall take effect immediately,
JANUARY 18, 1983 432
Vote of the Town Board: Aye~: .~;~4~.}ge Edwards, Council_man
Toxvnsend, Councilmah'Murphy,~ corneliman Murd6ck, Councilman
Nickles, Supervisor Poll.
This resolution was declared duly ADOPTED.
16. Moved by. Jus~=ce*~ Edwards, seconded by Councilman Murdock, it was
RESOLVED that the Town Board of zhe Town of Southold hire Ilene
Pfifferting, from the Suffolk County Civil Service List, as a
Clerk-Typist for the Town Trustees and Grants Program, effective
February 1, 1983, a~ a salary of $7,000.00 per annum.
Vote Of ~he Town Board: Ayes: Justice Edwards, Councilman
Toxmsend, Councilman Murphy, Councilman Murdock, Councilman
~ickles, Supervisor Petl.
This resolution was declared duly ADOPTED.
. ,17.~Moved by Councilman Murdock, seconded by Councilman'Nicktes, it was
(a) RESOLVED that the Town Board of the Town of Southold hereby rescinds
that part of Resolution No. 12 a~bpt~d on October 19, 1~82, which
~ reads as follows: "RESOLVED that the Town Board of the Town of
Southold authorizes payment to Ho!zmacher, McLendon and Murre!~.,
~P.C. $702.05 for engineering services incurred for the Town Street
,: ~ighting Project.
~-Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pelt.
This resolution was declared duly ADOPTED.
17. ~Moved by Councilman Murdock, seconded by Justice Edwards, it was
RESOLVED tha~ the Town Board of the Town of Southold hereby
authorizes the paYmen5 of $702.05 to Graybar Electric for
contractual obligations under the Town Street Lighting Project.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Poll.
This resolution was declared duly ADOPTED.
t8. Moved by Councilman Murphy, seconded by Councilman Townsend, it was
RESOLVED that Supervisor William R. Pell, III be and he hereby is
authorized and directed to execute an agreement between the New
York State Office of Parks, Recreation, and Historic Preservation,
Bureau of Marine & Recreational Vehicles, and the Town of Southold
for the loan, at no cost to the Town of Southold, of the following
navigation aids: 15 size #1 red channel spars, 15 size #1 black
channel sparse-6 size ~2 red nun buoys, and 6 size #2 black can buoys,
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Comncilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pelt.
This resolution was declared duly ADOPTED.
19. Moved by Justice Edwards, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of the Town of Southold hire A. John
~ada, Jr. as a part-time Labor Supervisor for the Highway Depar~-
men~ on Fishers Island at $3,000.00 per annum, effective January
15, 1983.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pelt.
This resolution was declared duly ADOPTED.
20. Moved by Councilman Nickles, seconded by Councilman Murdock, it was
RESOLVED that Supervisor William R. Pell, III be and he hereby is
authorized and directed to enter into a Lease/Rental Agreement
between IBM and the Town of Southold, for the rental of'an IBM
Series II--Model 60 Copier/DuPlicator to replace the IBM Series
III Model 10 Copier/Duplicator presently installed in the Southold
Town Hall, at a cost of $975.00 per month, including maintenance.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock. Councilman
Nicktes, Supervisor Pel!.
This resolution was declared duly ADOUTED.
21. Moved by Councilman Nickles, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby
releases passbooks _totalling $77,000.00, in the name of Gloria
Hornwood,~ being held as a bond f~r road~ and improvements in
the subdivision ~acerti~ica~eoa~"S°undvi'ewfAcresAba a~O~O 'en.~ , whl¢' h ~as
'~. ' '~ ~"' : ndoma=n~ auly filed in
433 JANUARY 18., 1983
i the Office of the Suffotk County Cle~.
Vote of the Town Board: Ayes: Justice Edwards4 Councilman
Townsend, Councilman Murphy, Councilman.Murdock, Councilman
Nicktes, Supervisor Pell.
~ This resolution was declared duly ADOPTED.
! 22~ Moved by J~stice Edwards, seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold hire the
following part-time Police Officers, effective immedia--~y, *a~
~ salary of '$5~00 ocr hour: Jon M. Andr~de, E~i~K R.'Heins,
and Terrence P.'Pa~e, and be it furt'her ~ ' '
~ RESOLVED that Jori M. ~ndrade, Erick R. Heins-, and Terrence P.
Pace be and'hereby are authorized to attend Police Officer
Tr~qing School at the Suffolk County Police AcademY'~ we'sthampton,
New ~ork, begmnnmng January 15, 198~ for ~ period of' 28§ hours;
t~e Town to provide transportation only.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
ToWnsend, Councilman Murphy,.Councilman Murdock, Councilman
~ Nickles, Supervisor Petl.
This resolution was declared[duly ADOPTED.
SUPERVISOR PELL: Those are the people-we use in the summertime as
seasonal police for the summer months when we have the tourist influx
here~ They have to go to school an~ pass the school. They go at
their own expense. The Town does provide transportation ~or them
back and forth to Westhamp~on. They have to attend 285 hours to
be certified as a seasonal poIice officer before they can go to work
for the Town. So that's what we're doing, we're sending these people
now to be in line for the summertime.
23.
Moved by Councilman Murphy, seconded by Councilman Ni~k~e~, it was
RESOLVED that the Town Clerk be and she here~yliS auth~6~'~z~d and
directed to advertise for bids for supplYi~'g~i~t'Je>~own O~So~ho!d-
with five (5) new.1983 Special Police Type-- 'tfour door s~d~n's,+with a
trade-in allowance for five'(5) vehicles. Presently owned by %he
Town of Southotd. Bid opening: February 24, 1983.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Coun~iliman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: Number 24 & 25 are on hold. We are not ready To
act upon them yet. (No. 24 - Resolution authorizing~;m'ti~ of
engineering services agreement with Holzmacher, McLendon~& ~Krretl~
P.C., for design of Scavenger Waste Treatment Facitity~:am:~ o~er "
services. No. 25 - ResolutiOn authorizing exe6utiOn of engineering
services agreement with Holzmacher, McLendon & Murrell, P.C. for
construction services for the Scavenger Waste Treatment Faci$ity.)
26. Moved by CounciIman Murdock, seconded by Councilman Nicktes, it was
RESOLVED that the application of John C. Tuthill for renewal Of a
single family house trailer permi~ for a trailer located at east
side of Elijah's Lane, Mattituck, New York, be and hereby is
~ranted for six months.
bte of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Petl.
This resolution was declared duly ADOPTED.
27. Moved by Councilman Townsend, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of the Town of Southotd hereby
releases Certificate of Deposit in the amount of $25,000.00
submitted by Peter Blank, Jr. as a bond for roads and improvements
in the subdivision known gs "Bayview Farms at Orient, New Yomk,
as recommended by the Southold'Town Planning Board, Superintendent
of Highways Dean, and Southold Town Board Highway Committee.
Vo~e of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pelt.
This resolution was declared duly ADOPTED.
28. Moved by Councilman Nickles, seconded by Justice Edwards, it was
RESOLVED that the Southold Town Board declare itself lead agency
in regard to the state Environmental Quality Review Act in the'
ma~ter of th~ tine P.
JANUARY 18, 1983
New York.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman ~urphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: Number 29 must be done by a Local Law.. The
Town Board did discuss it today. We asked the Town Attorney to
draft a Local Law with guidelines in it, present it to the Town
Board for review and discussion on their February 1st meeting.
There's no action today on this as the Town Attorney will take
a few day~ to draft a Local Law to give to the Board to review
it for consideration on their February 1st meeting.--(Six month
Councilman Townsend
moratorium on new subdivision applications..)
~me~ up wi+~h~me ~idelinoS.'-~Joe, do you want to go into it a
little bit?
COUNCILMAN TOWNSEND: Basically. I'f~t that on the basis of several
water studies, and in particular the ERM water study, it appears we
have a real crisi's in water in certain areas in Orient and Eas~
Marion. It would seem that we could be negatively impacted in
several areas. Those people that live out there presently and
those people that would chose to live out there in the future if
the areas overdevelop. I've been working with the County Health
Department, the County Planning Depar~men~ or Commission, Henry
Raynor and the State Attorney to come up with guidelines for a
fail-safe system with which we can protect the wa~er supplies out
there. Involved in that would be a moratorium of approximately
three months while the County and the Town work cum what might be
called a wa~er allocation componen~ for that area. The fear is
that if we allow development to go on there as it presently is
zoned, we may run into a problem before too long where no future
properties would be able to be developed and those people that own
land that have not developed it would lose ~heir right to develop
it simply because we've run ou~ of wa~er or run out of potable
water and I think this measure is called for at this time. I'm
not in favor of a Town-wide ban on subdivisions only because it
takes in such a vast area. We would undoubtedly be presented
with a large number of suits that I think we'd have a very difficult
~ime defending. I know there is a point of view on either side of
that issue, however, I think it's.our job to de~.ine those areas
h~
t a~ are immediately in peril and to try to respond to that. peril.
So this week I'm going to work on putting that into a form of a
Local Law.
SUPERVISOR PELL: Then after this is presented by to the Town Board
on February 1st, and if the Town Board adopts if--I use the word "if"
because it mus~ be adopted ~y this To~ Board, then a local hearing
will be set--a date for a local hearing to be set to have it discusse~.
There will be a hearing before it is adopted. The Tewn Board reviews
it first and then they will set a hearing date to hold a hearing.
There are three or four more items on the agenda which you do not
have, we will explain them as we go along.
30. ~oved by Councilman Nickles, seconded by. Justice Edwards, it was
RESOLVED that the application of Oscar Goldin for renewal of a
single family house trailer permi~ for trailer located a~ Lot #69,
Greenport Driving Park, south side of Linnet Street, Greenport~ New
York, be and hereby is granted for six months.
Vote of the Town Board: Ayes: Justice Edward~, Councilman -
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
31. Moved by Councilman Murdock, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold accepts, with
regret, the resignation of Antoinette Berkoski, Clerk-Typist at the
Southold Town Police Headquarters, effective January 28, 1983.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend~ Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
32. Moved by Councilman Murphy, seconded by Justice Edwards, it was
RESOLVED that pursuant to Article IX of the Constitution of the
State of New. York, the Town Board of the Town of Southot
entitled, ~ ACT to a
persons In , ninette~ hundred,'
435
JANUARY 18, 1983
seventy-three 'or their executor, administrator or personal rep-
rese~tative who did not file a membership application with the
New York state employees' retirement system To file a request
for retroactive membership with the state comptroller." It is
hereby declared that a necessity exists for the enactment of such
legislation, and that the facts establishing such necessity are
as follows: The Town of Southold does not have the power to enact
such legislation by local law.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
NiCkles, Supervisor Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: One thing I forgot to announce before ~ there
will be a vacancy on the Board of Housing Review. I£ anybody
wishes go submit thezr name for it can d~ so._,wi~i t~e~o~n CterkJ
The term of Kenneth Tabor expired January 9th~ 1983. Resumes
to the Town Clerk by January 27th~so we can app6int on February !st.
That ends the prepared agenda-we Have'for today. .Does any Council-
man wish to bring anything..else up? (No response.) Anybody wish
to address the Board?
MR. STEWART HARVEY: D0"You mind explaini~ No. 32?
SUPERVISOR PELL: "M~J Melvilte ~eisey was employed in the ~own -
I ~hink the years might be wrong - in 1973 - he did not get put
fnto the retirement system through error somewhere along the line -
until 1978. He passed away-while in office. His widow is not
entitled to death benefits far those five years he was employed
by the Town. We are trying..to get them to open it up and )ut him
back in so his widow will receive more benefits. This is the
second or third year we have,requested this.
COUNCILMAN ~.iURPHY: The State Senate and the Assembly have to do im.
COUNCILMAN MURDOCK: I think it has to be two years in a row that
they have to pass it.
SUPERVISOR PELL: Anybody else wish to address the Boa~.d~:~ ~s.
Ruth Otiva.
MRS. RUTH OLIVA, President, ~orth Fork Environmental Co~umcit: I
would like to thank Councilman Townsend for hi~ research~into the
where~£ors and why-fors of a moratorium. The only thing ~at we
would disagree with him about is the need for a morator~.~m im
water sensitive areas just for East Marion and Orient. I believe
that we can show Councilman Townsend and the rest of the ~oard
that there are other developments proposed for some of the
dif£erent creeks in Southold Town that will be equally important
as far as water quantity, because as Councilman Townsend said
previously, that you are really borrowing from Peter to pay Paul
and in the long run Paul isn't going to have any, and that we are
going to face also in some of these o~her areas. Thank you anyway
for your consideration.
SUPERVISOR PELL: Anybody else wish to address the Board?
MR. HARVEY: There is something on cable television here that I
think might interest you. (Newspaper clipping from Newsday,
entitled, "Cablevision Funds Boston Construction"-"Cablevision
Systems Development Co. said it has raised $I14 million to finance
construction of its Boston cable franchise."
SUPERVISOR PELL:
it To the Board.
(No response.)
Thank you. The Town Clerk will copy it and pass
Anybody else wish to address the Town Board?
Moved by Councilman Nickles, seconded by Justice Edwards, it was
RESOLVED that this Town Board meeting be adjourned at 4:0~ P.M.
Vot~ of the Town Board: ~yes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
~udith T. Terry
WORK SESS'ION
4:05 P.M. - The Board discussed a location for the office of
the Town Trustees and Community Development Direcsor, Whereas
a clerk for those departments will begin work February 1st.
Supervisor Pell renewed his suggestion relative to relocating
the bookkeeping department in the basement cafeteria area and
putting the Trustees and Community Development office where
the bookkeeping department is presently located, and relocating
the cafeteria in the basement of the east wing. While the re-
location is being accomplished, a space will be established in
the Assessor's office for the Trustees and CommunityDevelopment
clerk.--The-Board concurred with Supervisor Pelt's suggestion
and directed ~im to begin'this relocation as'soon-as possible,
with the hopes of having it completed over the month of February.
4:10 P.M. - Discussed the following Off-Agenda items: Millstone I
nuclear power plant in Waterford which does not meet the federal
government's proposed more stringent safety goals that assesses
the risk of a core meltdown; option for purchase of blood pressure
machine, which will be included in the 1984 budget; request of. the
North Fork Community Theatre for status of Community Development
Fund grant for construction at the theatre; request from the
Southold P.T~A. for participants at the "Friendly Feud" to be
held at the school on March 5th; resolution by Legislator Ferdinand
J. Giese requesting that Suffolk County be included in the Rent
Stabilization procedure by amending the Emergency Tenant Protection
Act of 1974 to include Suffolk County.
4:30 P.M. - Planning Board Chairman Henry E. Raynor, Jr. mem with
the Board to bring them up to date on the progress of updating th~
MasTer Plan, and the appointment of an advisory committee. Mr.
Raynor was advised that only the Town Board can appoint an advisory
committee, and suggested that if the Planning Board is merely seeking
input from various organizations throughout the Town, that it not be
a formal committee, and possibly be called a workshop ~or input.
Mr. Raynor agreed that a formal Town Board committee was not his
intent.
EXECUTIVE SESSION
4:50 P.M. - The Board discussed negotiations With the Village of
Greenport for the purchase of land for the scavenger waste plan~.
Work Session adjourned at 5:15 P.M.
Southold Town Cl~rk