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HomeMy WebLinkAboutTB-02/01/19834~7 ~ SOUTHOLD TO~VN BOARD FEBRUARY 1, 1983 WORK SESSION 8:30 A.M. - The Board audited the outstanding vouchers. 9:00 A.M. - Mr. Donald Deerkoski, North Fork Bank & Trust Co., met with the Board to review his feasibility study of the computerization of Town of Southold facilities. His analysis of the functions of all departments indicates that the Tax Receiver, Assessors, Building Department, Board of Appeals, and Planning Board should be computerized first, to tie all of those departments together that deal with real property, and since they involve the most people who would use the computers. Within the feasibility study, Mr. Deerkoski presented a cost for the sofware, hardware, maintenance, etc. The Board was unable to determine what a complete package would cost for the entire town, department by department, and asked Mr. Deerkoski to work this up and present an actual to the Board within the next two weeks. 10:10 A.M. - The Board began reviewing the agenda, ~nd Town Board Committee reports, which will be reiterated at the regular meeting. Justice Edwards: Bowling alley on Fishers Island--would like Town to donate funds toward same. Will ask Grantsman Jim McMa'hon to look into possible grant funds available. Councilman Townsend: Police Committee report; work on proposed Local Law for a moratorium in East Marion/Orient with Town Attorney Tasker and Aldo Andrioli of the Suffolk County Department of Health. Councilman Murphy: Seed Clam Program for 1983 as presented by Paul Flagg, and revision of same to try and come within the budget allowance; meeting with Dr. Nayler relative to DEC requirement for capping the landfill. Councilman Murdock: Kwianis has taken an active interest in Youth Projections and would like to start information meetings on the cost of constructing an indoor swimming pool; meetings of the Disposal Area Committee, as well as meetings with firm updating the Master Plan; Code Enforcement Committee relative to the final recommendations on the Local Law to amend the Zoning Ordinance. Councilman Nickles: Meeting of the Parks & Beaches with Raymond, Parish, Pine and Weiner relative to updating the Master Plan with relation to covered swimming pool and ice skating rink. The same Committee discussed the condition of Kenny's Beach which has deteriorated again, perhaps an emergency DEC permit will be necessary for beach nourishment; meeting of Code Enforcement Committee to discuss proposed Local Law to amend the Zoning Ordin- ance and determined that items 11, 16, 18 should be deleted, and to adopt the amendment relative to wineries, but amend it in the near future.--With respect to Kenny's Beach, Highway Superintendent Dean recommended the purchase of a 24-25 yard trailer for hauling sand, which would save the Town considerable money; he will look into such a purchase. Waterways Committee: Councilman Nickles stated he thought the priority list would come before the Town Board before going to Suffolk County Department of Public Works. In the future he would like it to go to the Town Board so they would all have input. Further, improper notice was given for the Waterway's meeting which made it impossible for him to attend. ~or Pell: report on meeting with NYS-DOT relative to funding for improvement of Aldrich Lane and Depot Lane, should have an answer within 90 days; submitted to the Board a proposed Code amendment for Game Centers and Game Rooms. 11:15 A.M. - Chief Winters met with the Board to discuss the need for additional police officers. He presented a statistical sheet giving the number of hours necessary to staff one basic one man sector on one shift for one year. 436 WORK SESSION 4:05 P.M. - The Board discussed a location for the office of the Town Trustees and Community Development Director, 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 Community Development clerk.--The Board concurred with Supervisor Pell's suggestion and directed him 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 1 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 bv 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. met with the Board to bring them up to date on the progress of updating the 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 plant. Work Session adjourned at 5:15 P.M. FEBRUARY 1, 1983 438 11:30 A.M. Community Development Director James McMahon met with the Board to bring the~ un ~ ~t~ ~n Community Dev~]e~ ..... ~ r~.~ Accounts for Years 7, 8, and 9. 12:30 P.M. - Recess for lunch. 1:50 P.M. - Work Session reconvened, resumed reviewing agenda. 2:00 P.M. - Further discussion on a proposed moratorium on develop- ment. Councilman Townsend will submit what material he has to Town Attorney Tasker so a proposed law can be drafted and the Board will meet at 10:00 A.M., Friday, February llth in a work session to discuss the moratorium issue. 2:30 P.M. - The Board continued reviewing agenda and off agenda items: additional official newspapers; letter from District Attorney Patrick Henry relative to court reporters in Southold Town Justice Court; engineering services for the Scavenger Waste Plant, stabiliza- tion of Cedar Beach; letter from Sterling Environmental Committee questioning what the Town Board perceives the water problem to be in Southold Town. 3:47 P.M. - Work Session adjourned. REGULAR MEETING 7:30 P.M. A Regular Meetin~ of the Southold Town Board was held at 7:30 P.M., Tuesday~ February 1, 1983 at the Southold Town Hall, Main Road, Southold, New York. Supervisor Pell opened the meeting 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 Judith T. Terry, Town Clerk Robert W. Tasker, Town Attorney Moved by Councilman Nickles, seconded by Justice Edwards, it was RESOLVED that the following audited bills be and hereby are approved for payment: General Fund Whole Town bills in the amount of $17,500.64; General Fund Part Town bills in the amount of $8,528.05; Highway Depart- ment bills in the amount of $22,882.75; Highway CHIPS bills in the amount of $300.00; Fishers Island Ferry District bills in the amount of $24,210.20; Fishers Island Ferry District Capital Project bills in the amount of $658.00; Federal Revenue Sharing bills in the amount of $8,100.00. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman Murdock, seconded by Councilman Nickles, RESOLVED that the minutes of the January 18, 1983 meeting of Southold Town Board are hereby approved. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. it was the Moved by Councilman Murdock, seconded by Justice Edwards, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 3:00 P.M., February 15, 1983 at the Southold Town Hall, Main Road, 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. 439 FEBRUARY 1, 1983 I. REPORTS SUPERVISOR PELL: These reports are placed on file in the Town Clerk's Office. If anybody wishes to read them can do so at the Town Clerk's Office. 1. Justice Edwards' monthly report (December 1982). 2. Feasibility Study of the computerization of Town of Southold Facilities - Donald Deerkoski, North Fork Bank & Trust Co. 3. Southold Town Juvenile Aid Bureau Annual Report for 1982. 4. Supervisor's Annual report for 1982.' 5. Supervisors monthly report (January 1983). 6. & 7. Fishers Island Ferry District's monthly report and Highway Department's monthly report were not received, due to the fact it is so early in the month and they were not prepared. They will be on the agenda on the 15th. 8. Councilmen's reports. Councilman Townsend, anything to report? COUNCILMAN TOWNSEND: As you know, Bill, it's been a very busy week. We've had various meetings with the Landfill Committee and Police Committee and Code Committee, but I'll let the various heads of those committees report on those. One of the things that I've been working on has been the issue of the moratorium in Orient. It's a little more complicated than we expressed--than I thought it would be, but I think that by the %ime you call this special meeting on the llth I'll have it in resolution form. That's all I have, Bill. SUPERVISOR PELL: Thank you. The meeting on February llth is going to be a special Work Session meeting of the Southold Town Board to discuss the proposed moratorium in East Marion/Orient--Local Law. COUNCILMAN TOWNSEND: Basically it looks as though it's going to affect the Orient Fire District. There are several things that sort of isolates that area--there are several factors that isolate that area apart from the rest of the community, including develop- mental pressures and delineation of water as--or 'so the latest studies by the county. SUPERVISOR PELL: That's February llth at 10:00 A.M. in the morning. It will be done in this room here. Councilman Murdock--- COUNCILMAN MURDOCK: The Disposal Area Committee has been meeting with an engineering firm last week. Also we met with the engineering firm who is doing the Master Plan update. We are also going to have a special Work Session type meeting on Tuesday, the 1st of March for the purpose of the;entire Town Board of sitting down. At this point we feel we have enough recommenations to go before the Town Board and try and set goals and a sense of direction in the landfill for the next five to ten years and at that meeting--Work Session type meeting on the 1st of March hopefully we will be able to establish those goals and put forth to the public where we're going an~ how we intend to go. Last night we had a Code Committee meeting. The Code Committee, or Code Enforcement Committee put forth to the Town Board today the final recommendations on a public hearing that we had on 28 code changes, of which we decided to delete three and tonight we will adopt the balance of those Local Law changes. The Southold Town Youth Projection, we've had--during our last two meet- ings we've been contacted by people about two areas, one where they would like to see some form of ice skating rink provided within the Township. We discussed that for a short time today. It will be looked into much deeper in the future and also during the last two meetings members of the Kiawanis Club of the North Fork asked my opinion about a swimming pool as a recreation and therapeutic aid to the people of the Town of Southold. I happen to believe very strongly in the value of swimming pools. One of the communities I lived in prior to moving to the East End did have an indoor pool and I have learned first hand of the effectiveness in family activity, as well as physical activities, and I really believe they are of great value to the Town if they can be accomplished and this morning the Town Board did direct our grantsmanship man to investigate the possibility of funding both on the county or the state level, that might be used towards that end. Those are about the levels of my activities so far this month, Bill. SUPERVISOR PELL: Councilman Nickles. FEBRUARY 1, 1983' 440 COUNCILMAN NICKLES: The Parks and Beach Committee last week met with our consultants hired to update the Master Plan and the purpose of the meeting was to discuss the future o£ parks and beaches and general recreation areas or activites within the Town in the future and the two items you heard Mr. Murdock mention were brought to the attention of the planner from Raymond, Parish, Pine and Weiner, Company, which is the swimming pool and covered ice skating rink. It's a long involved discussion that Frank Murphy and Ray Dean, who are also on the committee with me, had with lady from the consulting firm, which I think is too lengthy to go into, but this is what they're doing in this phase of the update of the Master Plan, which is meeting with different departments within the Town and different committee-heads on the Town Board and, of course, various groups that are working with the Town Planning Board. Also, we discussed this morning relative to parks and beaches, is the problem at Kenny's Beach, which is, of courses after these winter storms, reduced to nothing and we do have a recommendation that was given to us by a consultant last fall and the Superintendent of Highways or Commissioner of Public Works, I should say, Mr. Dean, is going to report back to the Town Board with his estimate of what it would cost to resolve the matter there, which basically would be a continuation of the beach nourishment program. That's its Bill. SUPERVISOR PEL~: Thank you. Councilman Murphy. COUNCILMAN MURPHY: Yes, Bill, the Seed Clam Program. We hope to meet with representatives of D.E.C. and the Town Attorney to work out a possible better funding program so that we can enlarge the program. We would like to go up in the neighborhood of between 150,000 and 250,000 clams for next year. Hopefully by the end of this week or early next week we could have it worked out. A~so I'd like to report that Monday I went up to Cornell and spoke to Dr. Nayler about eliminate the requirement the D.E.C. has for capping the landfill and by making our own top soil. They liked the idea very much. They like the challange. They're going to assign a graduate student to a program to make a model of the different types Of soiI~that :w~ can use down in the landfill to hold the maximum amount of water and then also to move it horizon- tally. So it seems like a very good progam, it's one that should save the Town quite a bit of money and also help solve the real serious problem we have in the landfill. Thank you. SUPERVISOR PELL: Judge Edwards? JUSTICE EDWARDS: Number ones the bowling alley project on Fishers Island as you might have read in the paper,, the bowling alley was closed down in the late 60's over there and they've got some very heavy contributions to put the alleys back in operation and we expect the first ball to be thrown down sometime the end of this month, and it will certainly be nice not only to have the recreation facilities, but also someplace on the Island where in the afternoon you can stop in and get a coffee or a Coke. There's no snack bars on the Island so this is another thing that people are looking forward to, plus the leagues in the evening.--Secondly, a week ago I had the opportunity to go up to the Blount Shipyard in Rhode Island and we've submitted our tentative sketches of our new ferry boat for the Island for the Fishers Island Ferry District. There have been no facts or figures come forth yet, but Blount Shipyard is working on them, sort of a set of specs and a recommendation for our new boat, which we hope to get into operation, according to the shipyard, before the end of this year. Thank you, Bill. SUPERVISOR PELL: Thank you. Three things I'd like to report on. Number one was a meeting that was held with the DOT, Department of State Transportation and the County of Suffolk to rebuild Aldrich Lane up there. The Town, about a year ago, put in a request to have Depot Lane and Aldrich Lane, in that order, rebuilt. They reviewed the plans and they came to change our priorities around and said Aldrich Lane should be rebuilt first to make it a main truck by-pass route, below the bridge. We had nine accidents there in the last two or three years, and the State feels that that road should be priority #1. The Town will have to put up six percent of the cost. The State and the Federal government will puc up the balance. At that meeting we asked them to reconsider Depot Lane as we feel this is a priority and should be resurfaced at a cost of approximately-- we said two years ago when we had a. report filled out--of $100,000.00. They told us to resubmit thc application and they will reconsider it. FEBRUARY 1, 1983 441 Du ~e ~l±gt~t end up with both roads. It looks 955 sure we will get Aldrich Lane rebuilt in probably 1984. We should know within 90 days if the State is going to approve it. The Town's share will be six percent of whatever the whole cost is.--I gave the Board today a Code amendment that I would like to have them consider. It's copied somewhat after Riverhead--on video games throughout the Town, as an accessory use. The Town Board will consider it and perhaps be on the agenda in the near future. II. PUBLIC NOTICES COUNCILMAN MURDOCK: These notices are on file with the Town Clerk and on the Town Clerk's Bulletin Board. · ~ 1~ Public Notice on hearings on the proposed changes in the Suffolk County Tax Act. This is a notice that the Supervisor of the Town of Southold put forth, the last paragraph of which says, "Towards this end the Town of Southold is scheduling a Public Hear- ing on Tuesday, March- 1, 1983 at 7:30 P.M. at'the Southold Town Hall, to discuss the proposed changes to the Suffolk County Tax Act". That meeting will be held here. Certainly everybody's input is desired and any organizations or any people you know, advise them of the date and have them come down and talk to us. 2. Notice of Complete Application to the New York State Department of Environmental Conservation on behalf of David Saland by Enconsultants to construct a one family dwelling 11 feet from tidal wetland boundary. The project is located at the intersection of Hiawatha's Path and Nokomis Road on Corey Creek, Southold. The comments from the public must be turned in to Stony Brook by February 11, 1983. 3. Notice of Complete Application to the New York State Department of Environmental Conservation by Paul J. Heffernan who wants to build an in-ground swimming pool approximately 37 feet from a tidal wetland area. Location is on the south side of Water- view Lane on Conklins Point Creek. Reply date is February 18, 1983. 4. Notice from the Suffolk County Department of Public Works, A. Barton Cass, Commissioner, notifying the Town that "Pursuant to Article 9, Section 231, Paragraph 3 of the Highway Law of the State of New York the load limit on Jockey Creek Bridge on O~kla~rn Avenue, hamlet of Southold, Town of Southold, will be limited to fifteen (15; tons total weight to be effective February 9, 1983." For ~ose that don't know, the County has adjudged that the Jockey Creek Bridge is in a state of disrepair and they're setting the weight limit now and that limit will be in effect until such time as they start to rebuild the bridge, probably during 1984. SUPERVISOR PELL: Fall of 1984, the last part. III. COMMUNICATIONS SUPERVISOR PELL: These communications are filed in the Town Clerk's Office for anyone who wishes to review them. 1. From our County Legislator Gregory J. Blass saying where the Town thinks Vector Control should come in and work this year, give him a list and he will put us on the list. 2. From Mrs. Mary McGuire telling us her thoughts on the evacuation plan for LILCO, for the nuclear plant in Shoreham. 3. From Lyle Meredith who has been very helpful to the Town with regard to the Senior Citizen/Youth buildin~ on Peconic Lane. The Town has asked him to review some recommendations for the building and he has replied. We will go over it with him in detail. 4. Letter from Commissioner of Parks, Recreation and Conservati John D. Chester congratulating Frank Bear on his election as Chairma~ of the Board of Trustees for the Department of Parks, Recreation and Conservation. Frank Bear is to be congratulated. He's sitting in the second row here. Frank, congratulations. 5. Report from the Island People's Project~ Fishers Island about the bowling alleys which Judge Edwards referred to. 6. Letter from Twin Forks Fire Extinguisher Company~ Inc. telling the Town Board to move along in making a parking lot in Mattituck. We are moving on that one. We have to do an environ- mental impact statement and we are working on that one. 7. Letter from the State of Connecticut, Office of Civil Preparedness telling us of a delay in a drill that's going to be held on Fishers Island in case of a Millstone disaster over there and we have to evacuate the Island. The drill has been postponed from the scheduled date and will be-rescheduled. 1, 1983' 442 FEBRUARY 8. Letter from David Harris~ M.D.; Commissioner of the Suffolk County Department of Health Services, advising the Board of the lead solder in the plumbing joints and giving us his thoughts on it. 9. Letter from County Executive Peter Cohalan saying that we have available a Veterans Service Agency counselor that will spend one day a month in Southold Town Hall to help with any questions any of our residents might have. This will be advertised when we get the date set. We have to give him permission to come here and use our hall, which will be done. 10. From the Cutchogue-New Suffolk Chamber of Commerce in opposition to any moratorium on development in Southold Town. 11. From the Long Island Area Development Agency, Inc. asking us if we have any projects in Southold Town that we would like them to consider for joint funding. 12. From Fleet's Neck Property Owners Association, Inc. request- ing no-parking signs at dead-end streets and one-side parking on traffic regulations that will be reviewed by the Police Department and then reported back to the Board. 13. Letter from Roger Meeker, Chief Engineer of the Suffolk County Department of Public Works say that at this time they feel they could take Jockey Creek Bridge and raise it 1.33 feet. At the meeting we had here they said they could raise it 1.8, but in a letter, after review, they said it would be 1.33. Frank Murphy met with them last week and Frank, what was the outcome of that meeting you had? COUNCILMAN MURPHY: Bart Cass assured the Town that Roger Meeker, who wrote the letter, their Chief Engineer, that he is redesigning the bridge and try to go into a different design on the bridge to get more clearance and before he does anything, before they do anything as a permanent plan, he will come to the Town, meet with the residents of Jockey Creek and meet with the Town Board and show us what he has and we can discuss any further possibilities of going up even higher. It's also been requested at that time when the bridge is out, when they're replacing it, to dredge that inlet. So we are working on this and quite a few people are involved in it and the people who are concerned about it will be notified and if you would like to be notified and care about it, at the time when Roger Meeker comes with his amended set of plans we'll be happy to notify you. SUPERVISOR PELL: 14. Letter from the Southold-Peconic Civic Association, Inc. with recommendations and one of them is a very important one, to take Akerly Pond and Bayview intersection up here, while the bridge is out and all the traffic going to Oaklawn will be coming down in that intersection and it's a bad intersection to start with the way it is and they say we had better do something about and I figure it is a very worthwhile recommendation and again the Town Board will pursue the County and State to do something there. 15. Happy report from'the New York State Commission on Cable Television. A year or a year and a half ago we started a battle with New York State Commission on Cable Television on the service that they give the residents of Southold Town, the prices we have to pay, the residents pay. They're finally going to have a hearing held in Albany. In August of 1982 Albany sent their field engineers down to make a study of Southold Town and basically one paragraph says, "The Commission's inspection of the Long Island Cablevision Corp. system in August of 1982 indicated numerous and serious technical violations". They give a two page report. Something will be done. It took us well over a year to prepare the case for them. Now the shoe is on their foot. They have 20 days to come to the Town and try to work some of these things out. ~%venty days as of January 28th the letter was written. So we are progressing with Long Island Cablevision. 16. Letter from the Town of Southold Blood Program inviting the Town Board to go up to Grumman's Aerospace Corporation and have a tour of their Calverton facilities. IV. HEARINGS SUPERVISOR PELL: It is now 8:00 o'clock. We will recess the Town Board meeting for the length of time it takes to conduct the hearing scheduled on the petition of Richard J. Cron for a change of zone in Cutchogue from "A" Residential and Agricultural District to "M" Light Multiple Residence District. 443 FEBRUARY 1, I983 Moved by Councilman Murdock, se~:onded by Supervisor Pell, it was RESOLVED that this Regular Meeting of the Southold Town Board be recessed for the time it takes to conduct a public hearing. Vote of the Town Board: Ayes: Justice Edwards, Councilman To~vnsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Meeting reconvened at 9:35 P.M. V. RESOLUTIONS Moved by Councilman Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Betty ~Vells a member of the Southold Town Conservation Advisory Council, effective February 6, 1983'through February 6, 1985. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Justice Edwards, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold hereby grants James Hubbard his Step 2 salary increase in the amount of $500.00 effective February 16, 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. Moved by Justice Edwards, seconded by Councilman Nickles, WHEREAS, a petition was received from Lawrence Bruno requesting a change of zone on certain property near Greenport, in the Town of Southold, New York, said petition for a change of zone from "A" Residential and Agricultural District to "M-i" General Multiple Residence District, now, therefore, be it RESOLVED that the Town Clerk of the Town of Southold be and she hereby is directed to transmit this application to the Planning Board in accordance with Article XV, Section 100-150(b)'""bf the Code of 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. Moved by Councilman Murdock, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Lawrence Bruno for a change of zone from "A" Residential and Agricultural District to "M-i" General Multiple Residence District on certain property located on the north side of Route 48 (Middle Road), near Greenport, in the Town of 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. Moved by Councilman Townsend, seconded by Justice Edwards, it was RESOLVED that Supervisor William R. Pell, III be and he hereby is authorized and directed to enter into an agreement between the Town of Southold and Compu-Pressure of New York~ Inc. for the lease of one Vita-Stat Automatic Blood-Pressure Computer for the term of one year from the 1st day of February, 1983 through the 31st day of January, 1984, at the sum of $250.00 per month. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. COUNCILMAN NICKLES: I'd just like to add one comment to that past resolution. That machine was installed, I believe, in February 1980 and we've done over 21,O0q blood pressure screens for people of the Town free of charge. FEBRUARY 1, 1983 444 Moved by Councilman Murphy, seconded by Justice Edwards, it was RESOLVED that Supervisor William R. Pell, III be and he hereby is authorized and directed to execute a Cooperative Agreement between the New York State Department of Environmental ConservaTion and the Town of Southold, providing a Fishing Access from town and state lands to Laurel Lake, Laurel, New York, for the period of five years from this date, with renewal options. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Justice Edwards, seconded by Councilman Murdock, it was RESOLVED that Supervisor William R. Pell, III be and he hereby is authorized and directed to enter into an agreement between the Town of Southold and Savin Corporation for the lease of one Savin 840 copier machine for the Accounting Department at a cost of $89.00 per month for an all inclusive lease which includes maintenance. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman l{urphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman Townsend, seconded by Justice Edwards, %%~EREAS, the Town of Southold has heretofore filed an Application with the Comptroller of the State of New York for permission to create the Southold Wastewater Disposal District in the Town of Southold, pursuant to the provisions of Article 12-A of the Town Law, and WHEREAS, the State Comptroller has requested-that the Town Board adopt a resolution whereby it agrees that no construction indebt- edness will be incurred until the town has received written commit- ments from the appropriate State and Federal agencies for State and Federal aid, NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby a~rees, in relation to the aforesaid application and matter, that no indebtedness will be contracted for the improve- ments proposed for such Wastewater Disposal District, except for the preparation of surveys, preliminary plans and detailed plans, specifications and estimates, unless and until the town shall have received a written commitment from the appropriate federal and state agencies for not less than the amount of federal and state aid for such improvements as stated in such application. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 10. 11. Moved by Councilman Murdock, seconded by Councilman Nickles, it was RESOLVED that the application of Frank J. McBride for renewal of a single family house trailer permit for trailer located on the north side of Oregon Road, Cutchogue, New York, be and hereby is granted for six months. ' Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman Nickles, seconded by Coundilman Murdock, it was RESOLVED that the Town Board of the Town of Southold hire Sheila Klos, effective immediately, as a Traffic Warden at a salary of $4.25 per hour, and a Relief School Crossing Guard at a salary of pay per station. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman Murphy, 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 Fritz C. Kohn for a Wetland Permit on certain property located on canal to Schoolhouse Creek, off Old Harbor Road, New Suffolk, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman '445 FEBRUARY 1, 1983' 12. 13. Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman Nickles, seconded by Supervisor Pell, WHEREAS, the Southold Town Planning Board and Suffolk County Department of Planning have prepared official reports and recommendations on the application of Jem Realty Co. for a change of zone from "A" Residential and Agricultural District to "M" Light Multiple Residence District and "B" Light Business District, on certain property situated at Greenport, Town of Southold, New York, and more particularly bounded and described as follows: PARCEL I - "A" Residential and Agricultural District to "M" Light Multiple Residence District: BEGINNING at a point on the easterly line of the land now or formerly of Gus Schad, which point is the following courses and distances along the land now or formerly of Gus Schad from the northerly line of North Road (N.Y.S.) Route 25: (1) North 30 degrees 16 minutes 30 seconds West, 1,086 feet; (2) North 76 degrees 30 minutes 30 seconds East, 376 feet; (3) North 21 degrees 05 minutes 30 seconds West, 691.94 feet, and running thence from said point of beginning South 62 degrees 26 minutes 40 seconds West through the land of the party of the first part 1,360.29 feet to the land now or formerly of James Gannon; thence North 27 degrees 33 minutes 20 seconds West along the land now or formerly of James Gannon and of others 577.55 feet; thence through the land of the party of the first part and being along the "bluff line" the following courses and distances: (1) North 76 degrees 41 minutes 20 seconds East, 104.06 .feet; (2) North 61 degrees 40 minutes 40 seconds East, 207.18 feet; (3) North 56 degrees 58 minutes 20 seconds East, 85.83 feet; (4) North 64 degrees 24 mi~utes 30 seconds East, 201.05 feet; (5) North 46 degrees 05 minutes 30 seconds East, 141.80 feet; (6) North 56 degrees 50 minutes 00 seconds East, 153.88 feet; (7) North 48 degrees 32 minutes 40 seconds East, 90.45 feet; (8) North 68 degrees 32 minutes 55 seconds East, 133.38 feet; (9) North 77 degrees 57 minutes 00 seconds East, 209.67 feet; (10)~orth 74 degrees 32 minutes 05 seconds East, 114.79 feet to the.~l~a'nd now or formerly of Gus Schad; thence southerly along the land-now ~r former] Of Gus Schad, the following courses and distances: (l~So~th 21 degrees 34 minutes 40 seconds East, 190.93 feet; (2) South 21 degrees 05 minutes 30 seconds East, 350.62 feet to the point or place of beginning. PARCEL II - "A" Residential and Agricultural District to "B" Light Business District: BEGINNING at a point on the westerly line of the land now or formerly of Gus Schad, and the northerly line of the North Road (N.Y.S.) Route 25; running from said point of beginning North 30 degrees 16 minutes 30 seconds West along the land now or formerly of Gus Schad 570.75 feet; thence South 75 degrees 15 minutes O0 seconds West through the land of the party of the first part 969.2 feet to the land now or formerly of G. Egish; thence South 27 degrees 33 feet 20 seconds East 195.1 feet; thence North 66 degrees 00 minutes 33 seconds East 389 feet; thence South 30 degrees 15 minutes O0 seconds East 439 feet; thence North 75 degrees 15 minutes 00 seconds East 575.00 feet to the point or place of beginning. NOW, THEREFORE, BE IT RESOLVED that a public hearing will be held by the Town Board of the Town of Southold at 8:00 P.M., Tuesday~ March 8~ 1983 at the Southold Town Hall, Main Road, Southold, New York, on the aforementioned petition, at which time any person desiring to be heard on the above proposed petition should appear at the time and place above so specified, and be it further RESOLVED that the Town Clerk be and she hereby is authorized and directed to cause notice of said hearing to be published in the official newspaper pursuant to the requirements of 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. Moved by Councilman Townsend, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold set Tuesday, February 15~ 1983, Southold Town Hall, Main Road, Southold, New York as date and place for hearings upon the following Wetland Applications: 3:30 P.M., upon the application of Phil Marco for permission to construct a dock, ramp and float at his property located on the south side of Indian Neck Lane, on Little Creek, Peconic, New York. FEBRUARY 1, 1983~, 446 14. 3:35 P.M., upon gpp]ication of Boatmen's Harbor Marina for permission to construct new bulkhe~ding, dredge in front of the bulkhead, with spoil to be used to backfill behind the bulkhead, at West Creek Avenue off Cutchogue Harbor, in Boatmen's Cutchogue, Ne~v York.' ~sor, 3:40 P.M., upon application of Enconsultants~ Inc. on behalf of Lawrence D. Byron, Jr. for permission to construct a timber dock consisting of a fixed elevated catwalk, hinged ramp, and float secured by two piles at the east side of Harbor Lane, on Eugene's Creek, Cutchogue, New York. 3:45 P.M., upon application of Enconsultants~ Inc. on behalf of Robert K. and Jean Fairlie for permission to replace, within 18 inches, 80 linear feet of existing deteriorating timber bulkhead and backfill with 20 cubic yards of clean sand fill to be trucked in from commercial upland source, at the south side.of Wells Avenue, on Jockey Creek, Southold, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman To~send, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 15. Moved by Councilman Nickles, seconded by Councilman Murphy; it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 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 effect on the environment. Description of Action: Application of Phil Marco for a wetland permit. Permission is requested to construct a dock 150 ft. in length by 6 ft. in width on his property located at south side of Indian Neck Lane, on Little Creek, Peconic, 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 which indicated that no significant adverse effect to the environment are likely to 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 comments by that agency. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Justice Edwards, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the loan of $3,200.00 from the General Fund Whole Town Account to the Southold Town Nutrition Program, to enable the Nutrition Program to make payment on its December 1982 accounts payable. Reimbursement of the loan will be made within three months. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 16. Moved by Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Building Inspector Curtis W. Horton to attend the Eighth Annual Building Officials School at Rochester, New York, on April 25, 26~ 27, 1983, and the actual expenses for food, travel and lodging shall be a legal charge against the Town of Southold in an amount not to exceed $250.00. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy~ Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 17. Moved by Councilman Nickles, seconded by Supervisor Pell, it was RESOLVED that Supervisor William R. Pell, III be and he hereby is authorized and directed to execute PNRS Letter of Intent for A-95 Review for a Step 2 allowance for the design of a scavenger waste pretreatment plant. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend~ Councilman Murphy, Councilman Nickles, Supervisor Pell. No: Councilman Murdock. This resolution was declared duly ADOPTED. FEBRUARY 1, 1983 447 18. 19. 20. Moved by Councilman Townsend, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold allocate $3,000.00 from A6410.4 - Publicity, for printing and advertising costs incurred by the Southold Town Promotion Committee during their 1983 tourism campaign. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Justice Edwards, seconded by Councilman Townsend, WHEREAS, the Town of Southold has requested the County of Suffolk to dredge a navigation channel in Richmond Creek, Town of Southold, WHEREAS, the CounZy of Suffolk proposes to do said dredging of Richmond Creek, in the Town of Southold, at a nominal cost to the Town of Southold, and WHEREAS, in order to accomplish said dredging, plans, specifications, agreements and other documents must be executed on behalf of the Town of Southold, and WHEREAS, this approval shall remain in effect for the period of the required permits (Expiration date: March 1992), now, therefore, be it RESOLVED that Supervisor William R. Pell, III be and he hereby is authorized to execute, on behalf of the Town of Southold, all necessary plans and specifications~ spoil area agreements, assurances to the County of Suffolk, license and/or dredging permit applications to Federal and State agencies and all other documents that may be required to accomplish said dredging work. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman Murdock, seconded by Councilman Nickles, WHEREAS, there is $30,000.00 remaining in the Year VII Community Development Block Grant Program, and WHEREAS, the Town Board wishes to expend those funds at the Senior/ Youth Center, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby designates $30,000.00 in Year VII Community Development Block Grant funds £or expanding the parking facilities and providing recreational area at the Senior/Youth Center, Peconic, 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. 21. 22. Moved by Councilman Murphy, secojded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following transfers within the Highway Item II, Bridges Fund - 1983 budget: From: DB5120.2 Construction ..................... $1,500.00 Into: DB5120.1 Personal Services ................ $ 250.00 DB5120.4 Contractual Expenses ............. $1,200.00 DB9030.8 Social Security .................. $ 50.00 $1,500.00 Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman Murdock, seconded by Councilman Townsend, WHEREAS, a proposed Local Law No. 2 - 1983 was introduced at a meeting of this Board held 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. 2 - 1983 be enacted as follows: LOCAL LAW NO. 2 1983 A Local Law to Amend the Zoning Code of the Town of Southold. Be it enacted by the Town Board of the Town o~ Sou~hold as follows: Chapter 100 of the Code ofthe Town ofSou~old is hereby amended as follows: (additions are indicated by underline; deletions by[brackets]) II. III. -~-rt:cle I is amended by =dd,~zng thereto a new section, to Le Section 100-9 :o ~'_~ad as follows: ~ction 100-9. Title 7i~is chapter shall be kno%vn and may be cited as the "Southold Tov, m Zonln~ -oae . Section 100-10 of Article I is amended by adding thereto a new subdivision to be subdivision J to read as follows: To make provision for, so far as conditions may' permit, the accommodatio.~ of solar ener.gy systems and equi?ment and access to sunliabt ncuessar~,v therefor. Article I. Section 100-13, Subdivision B (Definitions) is amended hy arnendin~the following terms to read as follows: BASENIENT - A story [in] of a building [, the structural ceiling lc;el of which is four (4) feet or more] partly below the finished ~rade level which, has more than one-half (1/2) of its height, measured from Iloor to cc~in~, above the average [level of] established curb level or [the] flashed grade [where such grade abuts that exterior wall of such b~ld~g which fronts on any stree~, and the ~loom level of which is below finished grade at any point on the ~riphury} c:f the land immediately adjacent to the building. CELlaR - Any space ~ a building [, the structural ceiling level of which is than four (4) feet above the average finished grade where such grade abuts that exterior wall of such bulldog which fronts on any ~treet. A" " cell:~r shall not be considered in determining the ~rmissible number of stories] partly i,,~lo~v ~.he finished grade level, which has more than one-half (I/2) of ~ts }miunt. from Root to ce~inq, below the average established curb level or finished of the land immediately adjacent to the building. FLOOR AREA - The sum of the gross horizontal areas of [the several] all floors of the building or buildings on a lot, having a clear height of not less than six (6') feet, measured from the exterior faces of exterior walls or from the center lin~ cf party walls separating two (2) buildings, [excluding] including cellar and base- ment areas._ [used only for storage or for the operation and maintenance of the building. ] FLOOR AREA, LIVABLE - All spaces within the exterior walls of a dwelling unit, exclusive of g:,r~ges, breeze~vays, unheated porches, cellars, heater rooms and a_,q~proved basements having a window area of less t?mn ten perceat (10%) of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such'~s: principal rooms, utility rooms, bathroon~=, all closets and hallways opening directly into any rooms within the dwelling unit and all attic space having a clear height of six (6) feet from finzshed floor level to pitch of roof rafter with a clear height of seven (7) feet six (6) inches from finished floor level to ceiling level over fifty percent (50?0) of the area of such attic space. tAEIGHT - The vertical distance measured from the average elevation of thc finished grade [at the front] of the land immedi;ir, eiy adjacent to the building to the highest point of the roof for flat and mansard roofs, anti to the lnean height hetvzeem cave and ridge for other types of roofs. HOA1E OCCUPATION - This shall be understood ~o include the professional office or studio of a doctor, dentist, teacher, artist, architect, *~ngineer, musician, lawyer, magistrate or practioners of a sin'nilar character, or rooms used for "home occupations" including home baking, rnilline]ry or similar' handicrafts, provided that the office, studio or occupational rooms are located in a dwelling in which the practitioner resides, [or in a building accessory there[o] and pro- vided, further, that no goods are publicly displayed on the premises and no sign or advertisement is shown other than a sign not larger thao two (2) square feet in total area, hearing only the name and occupation (words only) of the practitic, ner STORY, HALF - Any space with a minimum cheat height of five (5'} feet partia]l,,, within the roof framing where the clear hcigh~ of not more ~han I Jr., percem (50';{,) of such space between the top of the floor beams and the st*'uctura! ceiling level is seven (7) feet six (§) i~ches or more. 449 FEBRUARY 1, 19'83 IV. STRUCTURAL ALTERATION - An5' change in ti.c supporting builJing, such as bea~ns, columns [or], girders. [. bearin~ walls. Article [, Section 100-12, subdivision E, (Definitions) is cm.-nd,.:,.] ~v adding thereto the following new terms: ALTERATION - As applied to a building or structure, means a mcnt in the structural Darts or in the exit facilities, or an ep2ar,..c:~ect, extendinc on a side or bv increasing in hei[!'ht, or the moving :'ro.n '..ne leto:ion or position to another. BUILDING AREA - The aggregate of the maximum horizontal bu..dm,.s on a tot, measured between the exterior £&ces ol The term "Buildinc~, A ·" rea shall include thc (1) Balconies. (2) Terraces, patios, decks and other s[,'uctures ahoy,, the ,',,, !,,.d 'r',r*.. (3) Swimming pools, tennis courts and other similar ::t The term "B.ildin2 Ar.a" shall exclude the "" ' (2) StePS arid open porciles . ~ r; ~ . DlOlUc~,n.~., not :l%orc [hnn five (5') ~cc ..~ from exterior walls and havinff an area of not more than thirty (30) £quaz.e feet. (3) First story bay windows projecting not more than thr;:e._J.3' f,~ct from exterior walls, and ex:crier cellar doors projecting ~o,~:?m~,_'e than si:. (6') feet from exterior wails. CCiqDOMI,.XIU.%{ - 'A bmlding or buildinys the dwelling units of which are individua o,.;med, each owner receivin~ a deed enabling hira ~.o sell, mortgage cc his dwellinq unit independent of the owners of the other dwelling units in the buildin~ or buildinqs. LOT COVERAGE - That percentage of the lot area covered by tht~ building, ar~a. YARD - An open space, other than a court, on the same lot with a building_, which is, exclusive of trees, shrubs, and natur~ reck formations, unoccuDied Ve VI. VII. unobstructed from the ~round upward. Section 100-30 A(2)(b) is amended to read as follows: (b) The keeping, breedhig [and] ._ raising [of fowl, =xcc, pt ducks; and large domestic animals] and trainin_~ of horses, domestic animals and fowl (exceot ducks) on lots of ten (10) acres or more. Section 100-30 A(2)(c) is hereby repealed and Section 100-30 A(2)(d) is relutte~ 100-30 A(2)(c). and amended to read as follows: (c) Barns, storage buildings, greenhouses (including plastic coi,ered), and other related structures, provided that such buildings shM1 conform ~o the yard requirements for principal buildings. Section 100-30 B is hereby amended by adding a new subsection, to[-,c Subsection 14, to read as follows: 14. \ memos for the production and retail sale of wine primarily ~ro;~m ou ~he xdneyard on which ' sgc. VIII. Sectiou 100-30 C(2) is amended to read as follo'a,s: FEBRUARY 1, 1983 450 XI, XIL XIII. (2) Garden house, toolhouse, st0ra~e k, ui!din~, pla:.hous,:, swimming pool incidental to the residen:ial use of the p:crnis,:s operated for gain, subject to the followiri~ requireme:.;s: Section I00-30 C(2)(a) is amended to read as follows: (a) An5, swimming pool shall be completely cnc]oscd link (or siwilar t)~e) fence of not more lhan [wo-inch m,'-sh, not loss than four (4) fee~ in height, erected, maintained and p:vwi,h,d self-closing, [self-locking] self-la~chi~ ~atc of the Dool and tO prevent accideuLs, llt~wever, ti :~;u,l i)t,,,l ,:; I¢. at,.d more than four (4) feet above the ground, ;hen a Ica;ce is not required, provided that all points of access to said pool are adequately protected bya self-closing, [self-locking] self-latching gate. Any swimming pool in existence at the effective date of the provisions of this subsection shall, within one (1) year from such date, comply with all of the provisions hereo: Section 100-30 C(4) is amended to read as follows: (4) The storage of either a boat or travel trailer owned and us,:d by the owuer or occupan~ of the pr, mise~. on which suchboat or trav~! trailer is stored, for his personal use, subject to the following requirements: Section 100-34 is renumbered 100-119A and Section 100-35 is renuutb=red 100-1191:t and the reference therein to Section 100-34 is chang~d ~o 100-119-4; and Section 100-3a is renumbered to 100-34. Section 100-34 (as renumbered from 100-36) is hereby amended to read as follows: In the A District, in ~he case of a lot held in single and separate o'zmer,qup [on the effective date of this chapter] prior to November 23, 1071 and thereafter, with an area of not less than twelve-thousand five hm~dred {12. 500) square feet and [/or]_a width of not less than {the requirements of t, hi$ chapter] one hundred (100') feet, a single family dwelling may be constructed thereon with rear and side yards reduc by twenty-five (25%) percent [provided that ail other yard requirements are com- plied with. ] , with a front yard set b~ck of thirty-five (359 feet, or the average setback of the existing dwellinys within three hundred (300') feet therefrom on the same side of the street within the same block, whichever is greater. Subdivision C of Section 100-50 is amended by adding a new subsection (3), to read as follows: (3) Signs as set forth in Section 100-40C(3) ,~f this chapter. Subdivision A of Section 100-60 is herebyamended to read as follow.~: A. Permitted uses [.], subject to site plan approval b:,, t}-,t~ Pla-:it ,ti E,.a:..t in accordance with Article XIlI hereof: Subdivision A of Section 100-70 {S -hereby ameri~-d-tb -fie-aa as to,tows:. ...... A. Permitted uses[. ], subject to site plan appro~ral by the Planning Board in accordance with Article 52[L1 hereof: X~:/L Subdivision C of Section 100-70 is amended hy adding a dew ~u2.qt'ctio, (2) to read as follows: (2) Signs as set forth in Section 100-60 C(2) of this Subdivision C of Section 100-80 is amended by addin~o a l~.cv,' :t,o~..,,::ioa ''~ ~.}, to, [',~ad as follows: (2) Siqn:i as set forth in Sf. ctim~ 100-60 CC) ~,f thi:4 ,-h:,ot,-~', Section 110-112 is corrected to read Section ~.0u-l12. Section 100-121 is hereby amended by adding a ~.cw subdi'.'i~ion, to be su~divi,;ioa D, to read as follows: 451 FEBRUARY 1, 1983 XXo ' XXII. XXIV. Interpretations. On 2ppeal from an ©rder, dt~cision or dctcrmma{ion an adl~..inistrative o!licer, or on toques{ of an?~ ~o'~:m c.~ .... board or agencv to decide an,,' of the following: of (1) Determine the meam'na of any prov'ision in this c'h:q)ter', or of any condition or reouirement specified or made under the p~'o- visions of this chaD[er. (2) Determir,~. the exact location of any district boundary shown on the Buildina Zone Map. Section 100-124 is hereby amended to read as follows: Section 100-124 Fees All applications to the Board of Appeals for a'ay relief provided for herein shall be accompanied by a fee of [fifteen dollars (.~13)] tv,.'enly-five dollars ($25.00). The first se~ntence of the first unnumbered paragraph of Section 10b-136 (Cluster Development) is amended to read as follows: The Planning Board may [approve], in the exercise of its discretion, require cluster developments for one family dwellings in an A Residential and Agricultural District according to the procedure and requirements [spucified below.] hereinafter set forth, without the requirement that the ,,whet make written ao~lication for the use of such procedure. Section 100-136. Subdivision A. Subsection (2) i.~ hereby amund,:d to read as follows: (2) In a cluster development, lot area [, ] s[,nll nat !,c r,.d:~ ',.~ !/.' ::~or,~ ~han fifty (50%) percent, an_d..l_ot width, deptl% front yard, rca/ yard and-- yards shall not be reduced by more [tiao [fifty percent 150 ~)1 Lhirtv (20 percent of the minimum requirements set forth in the "E;u~k and Parki Schedule". Section 100-141, SubdivisionA is hereby amended by addina a nov.- .~;~:ntence thereto to read as follows: If the Building Inspector deems it necessary ti~at plans and s!~,cif[cations be examined to ascertain if the proposed buildin~ will corn. ply '.:'i;h applicable building construction, housin~ and fire codes, he may requi:'~ that plan--: and specifications be filed with the buildina permit application. Section 100-141 J(1), (2), (3), (4) aud (5) are hereby rcpeah:d and the followiag provisions are added in place thereof: (1) Single family dwellings. New Dwellinff and additions and :dtera£iom.; to ~:xistine' d',v,.ll;.n~.,s - Twenty-five (225.00) dollars, plus five ($0.05) cents for each square foot of floor area in excess of eight hundr~.d fifty (g50) souare feet. (b) Accessory buildin,qs and additions and alterations to ~.xistin~, accessory buildings - Ten ($10.00) dollar:~, plus fP.c ($0.05) cents for each square foot of floor area in ~xc:ess of five .hundr,_.d (500) '-]quare feet. (3) Fifteen (~15.00)elollar:~' ' - for cachbuildina.,, tlotels, motels, multiple dwellings, bu,zi::,:ss, buildings. industrial and all oth,:r FEBRUARY 1; i983 452 (a) Ne',,,' buildings and addit'[o;:s and air, era;nons to existing buildi2~s - Flfk/ ($50.00) dollars, plus five (.~0.05) £ents for each square foot of ~oor area in excess of one thousand (1, 000) square feet. Aceessor)'bui]din~s and a~d~.t[on~ x~id ~lte:-ati,%ns t.~ ,:~:,:t,;tin~ accessory buildings - Fifteen ($15. 001 doliars,. ?la5 £ive ($0.05) cents for each souare foot of ~oor :ires in excess of five hundred (500) square feet.. (4) Foundations constructed under existing buildin_~s - Thirty ($30.00) dollars. (5) All other structures (i.e. fences, pools, etc.) and additions and alterations to such s~ructures - Fifteen ($15.00) dollars. (6) For tht: purposes of this subdivision J, c~:llars, decks, arian:hud garages and an.',; habitable area shal/ bc included in the calculation of floor area. Sectiou 100-144G is hereby amended to read as f~llo~s: Upon written request and upon pa5 suni 0£ a lk.c of I fi',',: (k~llars ($5.)] fifteen ($15.00)'dollars, the Building [ns?ctor' shall, aft,zr inspection, issue a certificate of {Jccupancy for any bui[di,g or usc thereof or of land existing at the tim~: of the adoption of this chapter, certifying such use and whether or not the same and the build[n~ conform to the provisions of this chapter. ~-x2<iVI. This Local Law shall take effect immediately. Vote of the Town Board: Ayes: Justice Edwards, Townsend, Councilman Murphy, Councilman Murdock, Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Councilman Councilman SUPERVISOR PELL: That ends the prepared agenda for tonight. Does any Councilman have anything I omitted or they wish to bring up at this time? Joe? (No, I don't.) Larry? (I don't think so, thank you.) John? (Not at this time.) Frank? (No, sir.) Judge? (Nothing.) Anybody wish to address the Town Board? Mr. Bill Smith. MR. WILLIAM SMITH, Southold: I'm one of the members of the Sterling Environmental Committee that you received a letter this morning that was not signed by any individuals. Is it out of order if I present you with signed copies right now? SUPERVISOR PELL: Not at all, the Town Clerk will receive them. MR. SMITH: I would like to give you the reason for that. We had very little time since your January meeting to meet and talk and consider what was being proposed by Mr. Townsend and we finally had a meeting last Friday with people with knowledge of water. We had Jim Monsell, Bob Lauriquet of Kreiger. About ten of us met and we came up with some notes here and a letter, which is just more of a questionnaire to you people. The reason it was not signed, the letter was only finished being typed this morning and we didn't feel it was right to put the names down of the people that were on this meeting and in this committee before they read the letter, so that's why it was not signed, and we did this later today, that's why you have it now. One little thing that came out in the meeting, that I think you should think about and Mr. Lauriquet of Mattituck, Kreiger Well Drilling last year drilled a well for Peter Blank in the development on Orchard Street and we hear all these stories about how short the water is here and how short it is there and the salt water intrusion. He dug this well, it's a matter of record, it's a subdivision, he hit water at 14 feet and he went down to 90 feet and hit clay or hardpan, and beautiful water 76 feet deep. I'd like you to think that over. Thank you. SUPERVISOR PELL: Thank you, Mr. Smith. Anybody else wish to address the Board? Mr. Frank Bear. MR. FRANK BEAR, Southold: I have a statement here I'd like to read to you gentlemen. Last June 22nd, seven months and eight 453 FEBRUARY 1, 1983 days ago, the Southold Moratorium Committee submitted to this Town Board the signatures of 3242 of your constituents "requesting a moratorium on all major subdivisions until the Town Master Plan is updated." The committee's statement pointed to an alarming acceleration of requests for major subdivision development--620 acres in six months--as evidence that a moratorium was imperative. An editorial in the Suffolk Times on June 24th asked the question: "What happens next?" First, there was a hue and cry that, "You can't do it; it's illegal." But a Legal Memorandum from the New York Department of State documented the fact that moratoriums have been upheld in the courts. On July 20th,the Moratorium Committee wrote you a letter citing reasons for a moratorium and supporting its legality. The committee requested an opportunity to discuss the issue with the Town Board. On July 30th, the Moratorium Committee tried again. A letter to the Town Board not only cited reasons for a pause in developments stressing our water problem, but it quoted directly from the Department of State's Moratorium Memorandum to document the fact that there are legal ways to establish a moratorium. We pleaded: "Please, gentlemen~ pause now!" On August 24th,the Town Board met with us. We discussed the economics of development, costs for services, higher taxes, effects on farming, fishing and tourisms and water and waste problems. On September 14th, at the urging of the Mortatorum Committee, which also helped with the arrangements, the Town Board met with A. Kenneth Crawford, senior attorney with the New York Department of State. He informed the Board that three of four of the department's attorneys (with him the minority) believed a moratorium could be legal in the Town of Southold. It was stressed that a moratorum of some length could be sustained providing there was ongoing activity toward the updating of the Town Master Plan. In a letter to Supervisor Pell dated October 15, 1982, Mr. Craw£ord set forth what the department's attorneys "f~el is an appropriate local law to legally institute a moratorium." He enclosed "an Informal Opinion of the Attorney General which discusses the supercession of zoning provisions in the Town Law by a local govern- ment such as the Town of Southold." He also offered to review any proposed local law drafted by the Town Attorney. On December 21st, Supervisor Pell distributed copies of'a draft resolution, suggested by him, to members of the Town Board for their ~eview and comments. He proposed a "six month moratorium on new sub- division applications and that said be renewable if the Master Plan is not completed or accepted by the Southold Town Board in said period of time." On January 18, Councilman Townsend suggested a 90-day moratorium for Orient and East Marion only. He based his preference for this limited area on a statement in the draft report of ERM-Northeast, which is nearing completion of the North Fork Water Supply Study. It said~ "..critical water supply conditions exist in Zone 5 (Orient) where projected requirements are approx- imately equal to available supply." At today's Town Board work sessions the moratorium question was discussed again when the Board came to item 10 under communications~ a letter from the Cutchogue-New Suffolk Chamber of Commerce in "opposition to any moratorium on development." Councilman Townsend stated that he had had conversations with several people in reference to his proposal. It is gratifying that he is to meet with Town Attorney Tasker regarding a Town law on a moratorium and that the Town Board is going to discuss the matter at a special work session on February llth. Those of us who have been working for a moratorium since last May appreciate the fact that a moratorium is now under serious consideration as the resul~ of Supervisor Pell's proposal and Councilman Townsend's counter proposal. We are deeply concerned that a moratorium limited to 90 days for Orient and East Marion only will not suffice to protect the people of this Town against possible development which may alter the course of an updated master plan, an~ the future of the Town itself. Also~ it seems obvious that water is our basic problem--not only how much we have, but how much it is contaminated. Even if supply is considered alone, that affects more than Orient and East Marion. The entire shoreline of our Town has shallow water tables. There are problems at Cedar Beach, New Suffolk, Nassau Point, Mattituck Creek and more. In some places, there is salt water intrusion. Ands as the EBM report states~ "groundwater conditions in Zone 4 (Greenport-Southold) are also critical although there is some extra available supply." Just where is that extra supply? Can lines be drawn excluding any extra supply area from a moratorium? Groundwater quality also is a critical matter which should be considered. According to ERM, "Nitrate levels...exceed the drinkin~ water standard" of 10 m~/liter in 17~ of th~ w~ FEBRUARY 1, 1983 ~ 454 tested in t~e Town of Southold. Also, 11% of the wells tested exceeded the Temik (aldicarb) guideline of 7 parts per billion. The report said that almost all of Zones 3, 4 and 5 (all of Southold east of Mattituck) "become suspect." The report adds that in all of the Town, "a very delicate balance exists between fresh ground- water lenses, salt water intrusion, chemical contamination and water supply requirements," and that "These conditions mandate that ground- water resources be properly managed." Doesn't it make sense, there- fore, to wait until the Town Plan is updated and approved before any major development is allowed? Let me repeat the appeal of the Moratorium Committee: "Please, gentlemen, plase now!" -- In all of the Town, and until we have a plan for the future. You can do it, and do it legally, if you want to. Thank you. SUPERVISOR PELL: Thank you, Mr. Bear. Mr. George Wetmore. Frank, are you going to turn that in to the Town Clerk? (Yes). MR. GEORGE WETS~RE, Greenport: Lifelong resident of Southold Town, and a member of the Sterling Environmental Committee. We're here primarily to present the truth, the true facts of the water table, and show how it can be cleaned up. You gentlemen have a copy of about 30 years research on the water table and studies done by the U.S. Geological Survey, Malcolm Pernie, Holzmacher, McLendon and Murrell, ERe studies which do not hold water against Rolzmacher's studies, nor against Malcolm Pernie's studies; and I think there's a lot of error in them, and on that one specific thing that Joe picked out, if you look at the 1995 usage where your population increases, you have a water reserve, when farming is eliminated and if you want the specific table it is referenced to in there, if you want further explanation for that, I'%1 be happy to meet with you people to go over the interpretations about these tables. Now, moratoriums--East Hampton had one. I read in Suffolk Sun that a subdivision was approved during the moratorium, or while it was held up, and later on the judge threw it out because it did run out. I think this Town Board should take this thing pretty seriously. We do. When it comes to water supply, the studies that have been made show there's no shortage of water for one acre residential zoning and a reasonable development thereof. It will also show there's a heck of an excess in reserve if the Town is developed under that zoning for other purposes and I'm not the expert, I just gleaned this from several professional studies over the years. I think if the Town is seriously considering that kind of an action they would do well to consult with the local water authorities and perhaps some of the advisory water authorities to the local water district to get a true statement of the facts. Thank you. SUPERVISOR PELL: Thank you, George. Anybody else wish to address the Board. Mr. Jacquillard. MR. HARRY JAQUILLARD, Mattituck: I own the Mattiuck Garden Shop and Florist in Mattituck. I also have with me tonight Sandy Freeman from Pinewood Nursery and Hank Granike from Pinewood and Bob Jenkins from Doroski's Nursery. We'd like to ask the Town Board to enforce the zoning on the agricultural-residential zone "A" which permits business to operate only selling at retail products that are grown on their property. We've been after the Town Board a couple of years now asking them to do something about it and it's not fair that we're paying higher taxes on "B" Business property and these fellows that are operating florists, garden centers, they're selling antiques--antique shops, farm stands that are bringing in hanging baskets and things from other places and not grown on their own property and we don't feel it's fair. The Town Board is spending $75,000.00 to update their Master Plan but yet they won't take the time to enforce the old law and we'd like to ask you to do something about it. I have a folder concerning all the businesses that are on agricultural property that advertise and it's right here in black and white that they advertise general designs, wedding flowers, antique shops, they advertise Christmas trees, Christmas wreaths-- the Christmas wreaths can't be grown on property. It requires service and service isn't supposed to be on agricultural property, service should be on business property as far as we're concerned. Thank you very much. (Mr. Jaquillard submitted evidence of the advertising he spoke about.) SUPERVISOR PELL: Anybody else wish to address the Board? (No response.) If not, the motion is in order for adjournment. FEBRUARY 1, 1983 455 Mc~-~d by Councilman Nickles, seconded by Supervisor Pell, it was ~.~.~ED that this To~vn Board me~:~g VoTe of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Bell. This resolution was declared duly ADOPTED. Southold Town Cl~4~k