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HomeMy WebLinkAboutTB-03/08/1983482 SOUTHOLD TOWN BOARD MARCH 8, 1983 WORK SESSION Present: Supervisor William R. Pell, III, Councilmen John J. Nickles, Lawrence Murdock, Jr., Francis J. Murphy, Justice Raymond W. Edwards, Town Clerk Judith T. Terry. 8:00 A.M. - The Board audited outstanding vouchers. 8:40 A.M.- Fire District representatives David Cervone, Daniel Dzenkowski, Peter Coleman, Vincent Wieczorek and Curtis Hortou (Building Inspector) met with the Board To discuss unvented portable kerosene heaters. The fire service has always been opposed To unvented portable kerosene heaters and opposed Local Law No. 1-1982 which amended the Housing Code~-by adding "Approved Portable Kerosene Heaters". They stated that th~ amended New York State Fire Code (to be enacted January 1984), prohibits these heaters, except for two gallons or less for one and two family dwellings only. They asked that the Board remove Local Law No. 1-1982 from the books and amend the Southold Town Fire Code to prohibit aforesaid heaters.--Town Attorney Tasker arrived at this work session later in the morning and stated such amendments are not necessary and will meet with a rep- resentative of the fire service to explain the law regarding the unven'ted heaters.---It was stated during the discussions that improper notice was given of the proposed Local Law hear- ing and action taken without consulting the fire service rep, resentatives~ The Board took exception To those statements and a copy of the proceedings will be sent to them.---As a further note, Mr. Coleman advised the Board there is code enforcement funding available to the Town of Southold in the sum of $18,800.00~ This will be researched. 9:05 A.M. - Venetia McKeighan, Site Manager of the Southold Town Nutrition Program met with the Board to bring them up to date on the number of serivces and programs now provided by the Southold Town Nutrition Center. The programs now include: (1) congregate meals (95), (2) home-delivered meals (65), (3) home aide-home chore, (4) essential services transportation, (5) home recreation program, (6) comfort aid s~ation, (7) Southold Town Geriatric Network, as well as 32 outreach services, which Mrs. McKeighan oversees. Mrs. McKeighan explained the need for a new van to replace an existing one which has been ruled unsafe, and ~-copier -machine so she will not have to travel to the Town Hall constantly to use the one here. The Board agreed to place a resolution on the agenda for the rental of a copier for the Nutrition Center, amd Supervisor Pell advised that he is working with the County on fund- ing for a van and hopes to be able to go to bid in the very ne. ar future. 9:30 A.M. - Chief H. Daniel Winters met with the Board to outline the courses he will be~taking when he attends the F.B.I. Academy at Quantico, Virginia during April, May and June. Chief Winters was singled out for the honor of attending this academy and the Board expressed their pride in his designation. Chief Winters also achieved the highest score out of 13 participants during the pistol qualifications for the academy at the range at West Point. Town Attorney Tasker and Superintendent of Highways Dean arrived at the Work Session. MARCH 8, 1983 483 9:45 A.M. - Harold Dombeck and Gary Loesch of HoIZmacher~ McLendon and Murre11, P.C. me~ with the Board to outline the five major contracts for construction of ~he Scavenger W~ste Treatment Facility. They. presented and explained diagrams of the layout of the projec~ and treatment process. Mr. Dombeck asked to meet with the Board to iron out design and construction contacts between the Town and H2M. 2:30 P.M., March 15th was scheduled for the Board to meet to discuss the contracts and 3:00 P.M. to meet with H2M. 10:20 A.M. - The Board continued the audit of outstanding vouchers. 10:40 A.M. - Prospective Eagle Scout Herb Fisher, accompanied by James McMahon, met with the Board to outline his proposed project ~o construct and erect six Tree Swallow and .two Wood Duck houses on trees in the swamp area of the State property at Laurel Lake. The Board ~hanked Mr. Fisher for his enlightening presentation and wished him luck on his project. 10:50 A.M. Executive AdministratOr Victor Lessard reported to the Board on excavation that has taken place on the property of Jem Realty, eas~ of Sound Road, Greenport, in violation of the permit which was issued on March 23, 1982, and the conditions of the permit would no~ fulfilled. -Mr. Lessard was instructed to take whatever action is necessary for compliance.---Mr. Lessard reported on his inspection of Soundview Acres at Orient, an abandoned subdivision, as a result of the report of Planning Board Inspector John Davis and notice fr6m the Planning Board that the property had been disturbed from its natural st~ate. Mr. Lessard found that "bonds were posted and the subdiviS-l~n had- progressed in the Planning Board to the point where oaky would be allowed to start doing preliminary work such as rough cutting roads and basins, etc." Whereas this subdivision bond has been returned the Board cannot take legal action against the former developer.--- Mr. Lessard said the Building Department is aware of a complaint by an irate contractor (Kontokosta Associates), and explained the steps that had been taken concerning the request for a permit by that firm. When the application was reviewed by the state, the Building Department was advised not to issue a permit until certain revisions were made. EXECUTIVE SESSION 11:20 A.M; - Mr. Lessard discussed the possibility of authorizing the Building Department to issue appearance tickets, and personnel in that department. At one point during this session the discussion drifted off to code amendments and Councilman Nickles reminded the Board that this was no~ property or necessary discussion during an Executive Session and the Board was in effect cheating the public by not allowing them to hear the discussion. 11:45 A.M. - Mr. Jack Hanson, Accountant, Town of Riverhead, met with the Board to discuss computerization of town records. Mr. Hansen was in the employ of the Town of Riverhead when they went to computerization of their accounting department with the purchase of their own computers, which-they have updated twice since that time. Mr. Hansen's personal opinion is t.hat ~he-Town should own its own equipment, since each computer company has their own package and if the Town were dissatisfied they would have to start all over again. Mr. Hanson answered q~estions of the Board members and went on ~o lunch with them to discuss computerization _further. 12:20 P.M. Recess for lunch. 2:00 P.M. Work Session reconvened and-the-Board bega~ reviewing the agenda. 2:15 P.M. James McMahon, Community Development Director, met with the Board to discuss the proposed M~t_tituck parking lot planting plan, and ~o suggest that the Board ask the North Fork-Bank_ for an extension of time for completion of the lot; Supervisor Poll will request a six month extension. Mr. McMahon also discusse~ the- Year VIII Housing Rehabilitation Program where there is $75,000_available which he suggests be used to acquire a burned-out abandoned house built on two lots on-the-corner of Linnet and Brown Streets, Green- 484 MARCH 8, 1983 port, and another parcel with four dilapidated buildings on a small parcel in the same area.---Mr. McMahon advised the Board that con- struction of the stairs at Horton's Point will start around May 1st. 2:35 P.M. - Mr. Gustave Wade addressed the Town Board requesting an easement across 35 ft. of land leading zo his property at the end of East Road, Cutchogue. Mr. Wade has applied to the Town Trustees for a similar easement across that property which was formerly under water and has now been filled connecting his property to the~ main- land az East Road. Mr. Wade reviewed the history of his property~ which was formerly owned by Leander Glover~ Jr., and was the subject of considerable litigation in the past. Mr. Wade has a permit from the D.E.C.~ but when he applied to the Southold Town Building Departs; ment he was informed he would need access to the lot, which would entail permission from the Town Board and Town Trustees. During the discussion Mr. Wade asked Town Attorney Tasker to give him a letter saying he could build on his property without access. Town Attorney Tasker said he would only give Mr. Wade a letter saying he could construct his home if he reached the island by w~t~r only. Mr. Wade asked the Board if they would granz him a quit claim deed for whatever interest the Town has in the 35 feet at the end-of East Road leading to his property. The Board members were agreeable to this proposal. 3~00 P.M. - Public Hearing in the matter of the application of Port of Egypt Marine for a wetland permit. 3~05 P.M. - The Board resumed reviewing the agenda~ Considerable discussion was held with regard to the proposed full-town moratorium local law resolution puz before the Board by Councilman M~phy. Councilman Murdock stated he would like to see the matter handled -by amending the zoning ordinance; Councilman Nickles felt there must be a better way to handle the situation other than a moratorium, perhaps through the zoning ordinance as Councilman Murdock s~ggested. Councilmen M~Lrdock and Nickles and Justice Edwards all objected to minor subdivisions being included in the proposed moratorium~ but Councilman Murphy was firm in insisting minor subdivisions be in- cluded. Councilman Nickles stated that after hearing statements by Planning Board Chairman Henry Raynor relative to the number of major and minor subdivision plats filed in 1982 and to date in 1983~ he would be willing to go forward with the resolution so it can go to a public hearing and the public be given an opportunity to present their views. Councilman Murdock and Justice Edwards agreed. Supervisor Pell had previously indicated he would be in favor of a full-town moratorium. The resolution will go forward at the regular meeting this evening. Councilman Nickles asked Supervisor Pell to hold his proposed resolution for a Local Law on game rooms, as he had attended.a seminar in this subject at the Association of Towns meetings. He is now in receipt of an Ameusement Center Ordinance from the Town of Henrietta and would like Supervisor Pell to study it and in- corporate some of the language in his proposed law.. Supervisor Pell agreed. REGULAR MEETING A Regular Meeting of the-Southold Town Board was held on Tuesday, March 8, 1-983 at the Southbld Town Hal-t, Main~R~ad, Southold, New York. Supervisor Pell opened the meeting at 7:130 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor William R. Pell, III .... Councilman_ John J. Nickles Councilman Francis J. Murphy Justice Raymon-d W. Edw~ards * * * .. Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Absent~ Councilman Lawrence Murdock, Jr. Councilman-Joseph L. Townsend, Jr. MARCH 8, 1983 Moved by Justice Edwards, seconded by Councilman Nickles, it was RESOLVED that the minutes of Regular Meeting of February 15~ 1983 and SpeciaI Meeting of March 1,.I983 of the SouthoId Town Board are hereby approved. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that the following audited bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $42,134.54; General Fund Part Town bills in the amount of $25,370.89; Highway Department bills in the amount of $19,195.65; Consolidated Highway Improvement Program bills in the amount of $599.13; Fishers Island Ferry District bills in the amount of $31,867.59; Home Aid Program b~lls in the amount of $622.78. Vete of the Town Board: Ayes: Jus_tice Edwards, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duIy ADOPTED. Moved by Supervisor Pell, seconded by Councilmkn Nickles, it was RESOLVED that the next regular meeting of the Southold ~own Board w±ll be held at 3:00 P.M., Tuesday, March 22, 1983 aU the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Justice-Edwar4s, Councilman Murphy,- Councilman Nickles, Supervisor.Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL~ Coundilman Joseph L. Townsend is on vacation-in -Mexico. Councilman Murdock is on personal business toaig~and canno~ be with us. He was with us all day today up until about 5:00 o~clock this even and then he could not be here tonight._ 485 I. REPORTS SUPERVISOR PELL: These reports are placed on file with the Town Clerk and my office if anybody wishes to review them can do so a~ either. 2. 3. 4. 6. 7. 8. 9. 10. 11. 12. Justice Edwards January 1983 report. Long Island Cablevision January 1983 report. Board of Town Trustees' February 1983 report. Supervisor's~February 1983 report. Town Clerk's February 1983 report. Justice Price's February 1983 report. Assessor's February 1983 report. Highway Department's February i983 report. Fishers Island Ferry District's February 1983 report. Police Department's February 1983 report. Building Inspector's February 1983 report. Councilmen's reports. Councilman Nickles. COUNCILMAN NICKLES: Thank you, Mr. Supervisor. I'd like to repor~ on the trip into the Association of Towns on February 20, 21, 22, 23. I think the Town was pleased to participate in the 50th Anniversary of the Association which started in 1933, especially inasmuch as they were honoring past presidents of that Association and Southold did have a president of 1943, S. Wentworth Horton. At the Supervisor's reques5 I altended the banquet to receive said certificate. You now have and I don't know what you're going to do with it, but I'm sure you'll find a suitable location. While I was in there I attended meetings for Planning Board members and Town Board members and in the Planning Depar~men~ I attended a seminar on video games which I thought was interesting because I know the Supervisor had a pro- posal coming up on said games and I ~us~ received from the Town of H~nrietta, yesterday, their legislation or Loc'al Law, I should say, and also an a~orney's justification and me~hods of arriving a~, defining and implementing amusement type cen~ers and video games. Also in the Planning Board section there was an item on fast food stores like McDonalds and they put a lot of emphasis on road conditions and the amount of traffic that-would emanate from such operations and that's where you have to place your careful scrutiny when evaluating such businesses. Also I had an opportunity to meet with the Departme~t of State to discuss Local Laws pertaining to moratoriums, which we went into this afternoon. I also a~tended me~ting~ for the Town Board-sponsored 486 MARCH 8, 1983 by the State Department of Equalization and Assessment and I won't go through everything they told us there but it kind of li~es up with their policies the last few years.--They,re reall~ looking to - consolidate assessing units, get rid of ~lected assessors, have appointed assessors, transfer-the assessing units to the county', and I can tell you that there where 500 Councilmen in the room and you could get the sense from the2way the people started t~ -breath heavy in there that they didn't like ~he idea o~ transferring assessing units out of the town jurisdiction. There was also a seminar of Town Board members on ~he importance of dog control to the taxpayers and-b~iefly what_they reviewed was how those ~eople tha~ license their dogs and are lawful are subsidizing all ~h~ other unlicensed dogs in the to.wn and to what extent the town could incur liabilities by not proper dog control. Also, there was a special program on computerization which also was time:ly. I can't say I can come back here and advise the Town Board on how to implement a computer program, but I think at every one of these sessions you go to you do pick up something that adds to your basic knowledge. Thank you, Bill. SUPERVISOR PELL: You're welcome. Councilman Murphy. COUNCILMAN MURPHY: The only thing I'd like to report is j6~ really to get a little P.R. out to the people. We had a meeting with Cablevision people last week. As you know we're in litligation with them concerning their contract wit~ the Town and they hkve the feeling they're doing a magnificant job in the Town and that we shouldn't be criticizing them. They suggested that anyone who is dissatisfied call them up and let them know and I hope a lot of people do. Thank you ..... ~ SUPERVISOR PELL: Thank you. Justice Edwards. JUSTICE EDWARDS: Nothing. SUPERVISOR PELL: Supervisor has one thing to report. Progress on all fronts. At the Southold P.T.A. Friendly Feud night.~the Town Hall put up a team against other teams throughout the community and the champs are: Councilman Murphy, Town Clerk Mrs. Terry, Councilman Murdock who is not here, Victor Lessard from our Build- ing Department and Bob Neudeck from the Highway. So the Town Hall team came out as champs. I did send a letter to the president of the P.T.A. the next day and said we know a little bit more than Town government. You did well, team. I was the coachl! COUNCILMAN NICKLES: Now everY wants to take credit, right? TOWN CLERK TERRY: That's easy to say now~! II. PUBLIC NOTICES COUNCILMAN MURPHY: 1. -Department of the Army~ Corps of Engineers public notice concerning the application of Boatmens Harbor ~arina on West Creek Avenue, Cutchogue for bulkheading, dredging wmth up- land maintenance on Wickham Creek, Little Peconic Bay-, Cutchogue, New York. The plans are here. It's posted on t'he bull~t±~ board for anybody concerned with or who is interested in it. The. Town Clerk has it posted out here.- Comments_by March 10, 1983. 2. Notice of Complete Application of Robert V. Rider,' Minnehaha Boulevard, Southold under Tidal Wetlands, Protectidn of Waters and it's for construction of a 4 £t. wide by 50 ft. long catwalk and a 6 ft. by.12 ft. floating dock and dredge a 45 ft. long by 30 ft. wide area to 6-~ft. below mean low water. ~The resultant dredge spoil is to be placed on an-upland portion-of the applicant's property. The project is located behind the ~ppl~cant's home in the Southwest section of Corey Creek {n the Laughing Waters section of Southold. New York_State DEC is-lead agency and any comments by March llth to Dan Larken over at Stony Brook. Again this is ~osted on the Town Clerk's Bulletin Board. 3. Notice of Complete Application of Joseph and Edwina Hataier, 1610 Platt Road, Orient-for a Tidal Wetlands Permit to subdivide 7+ acres, part of which is an adjacent area to tidal wetlands into four lots, each of Which exceeds 66,000~ square £eet and none of which may be further subdivided. The property is located on the south si~e of-Main Street approximately 1500 feet of Narrow River Road and northwest of Hallocks Bay in Orient, Town of Southold. The'New York State DE~ is lead agency. MARCH 8, 1983 487 Comments by March 18 to Dan Larkin at DEC. Again, this is posted on the Town Clerk's Bulleti~..Bo~d~-,_~ 4. Notice Of Complete Application of Mary DeMartino by ~illiam Wetmore to construct an.L-shaped deck (main deck is 8 ft. by 26 ft. 6 in. and L-extension is 9 ft' by 12 ft. 2 in., plus steps approximately 47 ft. landward of mean high water. Applicant requests a variance from the Tidal Wetlands Land Use Regulations. Project is located at 711 Bayshore Road, Peconic Bay, Greenport, Town of Southold. New York State DEC is lead agency. Comments 'no la'ter than March llth on this one to Dan Larkin at DEC. Again this is posted on the Town Clerk's Bulletin Board. SUPERVISOR PELL: Thank you. Number 5 which was put on today and I informed the Board but we do not have anything in black and white yet, is our County Executive might be in Southold Town Hall on March 24th at 7:00 P.M. to hold a Town Hall meeting with the citizens of Southotd Town. I expect zo get this in black and white in the next few days and then I will send it out to the press so it will be in the press if anybody wishes to come they can. III. COMMUNICATIONS SUPERVISOR PELL: 1. Copy of a resolution passed by the Southampton Town Board, as well as many other Town Boards. ~e will have it on our agenda for the next meeting in regards to binding arbitration. 2. Letter from our County Legislator Gregory Blass in reference to the Cedar Beach problems. The Board will respond to that. 3. Letter from the Greenport-Southold Chamber of Commerce regarding the dog problem as they s.ee it in Southold Town. This will be responded to after I have ~.chance to dig-up some more facts and talk to the Board in the next week or so. 4. From Cornell University telling us their final report will be out sometime in April on ground water.- 5. From the Board of Elections requesting permission to use the Town Hall on October 13th and October 15th ~or registration for the November election. 6.(a) From our County Executive infgrming us that ~here will be a meeting held which some of us on t~e Town Board will attend on March llth at Huntington Town House in reference to highways in Nassau and Suffolk counties. 6.(b) Letter to ou? County Executive from the Supervisor of Shelter Island saying that they feelftop priority on rou~es to.be -built on Long Island should be the extension ~f the LIE-to.the Mattituck four lane highway. I talked to Supervisor Nevel and. he said to get the ~eeling of the Town Board and then the~ Will -reacz. Our Town Board says le~s consider i2 in the future, not .~ now. In other words we're not rushing for that piece of cement to be put down in our Township.. 7. From our County Executive again telling us that the Long Island Regional Food 'Bank will be passing out cheese in Southold Town on a given date and it will be done through our Nutrition Office in Greenport. 8. From the D.E.C. informing us that our permit to construcv the proposed Southold incinerator will expire on April 22nd, 1983, but-we could have it extended for one year. The Town Clerk will send a letter back requesting that it be extended for one year. 9. From the Greenport-Southold Chamber of Commerce again. They requested $800.00 to help them in their promotional Cdnimittee campaign for the Township of Southold. We already gave them last month $3,000. There's $800 more in the_budget. We held it there in case something else comes up. They would like to have the other $800. At this time the Board sees fit zo hold on to it. IV. PUBLIC HEARINGS - We have one public hearing at 8:00 o'clock tonight (Jem Realty for a change of zone). V. RESOLUTIONS 1. Moved by Councilman Murphy, seconded by Justice Edwards, WHEREAS, Phil Marco applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated October 22, 1982, and WHEREAS, said application was referred to the Southold Town Trustees and Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Board with respect to said application on the 15th day of February, .1983, at which time all interested persons were given an Opportunity to be heard, 488 MARCH 8, 1983 now, therefore, be it RESOLVED that Phil Marco be granted permission under the provision~ of the Wetland Ordinance of the Town of Southoid To cons~ruc~ a' 60 ft. by 6 ft. floating dock, 4 ft. by 8 ft. ramp, 40 ft. by 4 ft. stationary dock, and six pilings, at his property on the south side of Indian Neck Lane, on Little Creek, Peconic, New York. This permit shall expire on March 8, 1984; there shall be two inspections required; and the Town Clerk shall ~e notified when the p~ojec~ is completed. Vote of the Town Board: Ayes: Justice Edwards, Councilman ~urphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 2. Moved by Justice Edwards, seconded by Councilman Murphy, WHEREAS, Ken Hahn on behalf cT Boatmen's Harbor Marina-applied to the Southold Town Board for a permit under-the prov~sionsi of the Wetland Ordinance of the Town of Southold, application date~ December 16, 1982, and WHEREAS, said application was referred To the Southold Town Trustees' and Southold Town Conservation Advisbry Council for their findSngs -and recommendations, and WHEREAS, a public hearing was held by the Town Board with respect to said application_ on the 15th d~y of February, 1983, au which time all interested persons were given an o~portunity to be heard., now, therefore, be it RESOLVED that Ken H~h~ on beh~f of' ~o~t~en'S H~r~or M~rina be granted permission under the provisions of~the Wetland Ordinance of the Town of Southold To construct 465 feet of new bulkhead, and dredge 340 cubic yards in front of the bulkhead, with 80'yards to be used as backfill behind the bulkhead and the remainder to be~ trucked to Town landfill site. This permit is granted with the ~PROVISION that if the N.Y.S.-D.E.C. requires the bulkhead to be moved back 3 feet, it shall become a condition of this permit. This~permit shall expire on March 8, 1984; there s~all be two inspections required;.and the Town Clerk shall be notified when the project is completed. ~-° Vote of the Town Board: Ayes.: Justice Edwards, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 3. Moved by Councilman Nickles, seconded by Councilman Murphy, WHEREAS, Enconsultants, Inc. on behalf of Lawrence D. Byron, Jr. applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated December 22, 1982, and WHEREAS, said application was referred To the Southold Town Trustees and Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Board with respect to said application on the 15th day of February, 1983, a~ which time all interested persons were given an opportunity To b~ heard, now, therefore, be it RESOLVED that Enconsultants, Inc. on behalf of Lawrence D. Byron, Jr. be granted permission under the provisions of the Wetland Ordinance of the Town of Southold ~o construct a catwalk, ramp and floating dock au the east side of Harbor Lane, on Eugene's Creek, Cutchogue, New York, PROVIDED the length of the 'construction into the creek does not exceed 50 feet to correspond with-neighbomihg dock~ to the north and south. This permit shall expire on March 8, 1984; there shall be two inspections required; and the Town Clerk shall be notified when the project is .completed. Vote of the Town Board: Ayes: Justice Edwards~ Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 4. Moved by Councilman Murphy, seconded ~y Justice Edwards, WHEREAS, Enconsultants, Inc. on behalf of Robert K. & JeanFairlie applied to the Southold Town Board for a permit under_the provisions of the Wetland Ordinance of the Tow~ of Southold, applicationi dated December 22, 1982, and WHEREAS, said application was-re~erred to the Southold ~own T!rus~ees and Southold Town Conservation Advisory ~ouac~l for their find'ings and recommendations, and WHEREAS, a public hearing was-held by the Town Board with respec~ to said application on ~he 15th day.of F~bruary, 1983, a~ which time all interested persons were given an opportunity to b.e: he~rd, -now, therefore, be it - 489 MARCH 8, 1983 RESOLVED that EnconsultantS, t~?~d~i/~e~alf of Robert K. and Jean Fairlie be granted permission under the provisions of the Wet~and Ordinance of the Town of SouthQld to replace 80 ft. of existing bulkhead so it is in line with the neighboring bulkhead to the west, NOT 18 inches-from the existing one as requested, and bac~ fill with clean sand fill to be trucked in from commercial upland sourde, at the south side of Wells Avenue, on Jockey Creek, Southold, New York. This permit shall expire on March 8, 1984; there shall be two inspections required; and the Town Clerk shall be notified when the project is completed. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 5. Moved by Justice Edwards, seconded by Councilman Nickles, 'i~f- was RESOLVED that the Town Board of the Town of Southold hereby grants Eileen Carey her Step 3 salary increment in the amount of $500.00 effective March 16, 1983. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 6. Moved by Councilman Nickles, seconded by Justice Edwards, it was RESOLVED that pursuant to Article IX'of the Constitution, the Town of Southold request the enactmen~ of Assembly bill No. 2451, entitled, "An Act to allow persons in public employment on August sixteenth, nineteen hundred seventy-three or their executor, administrator or personal representative who did not file a membership application with the New York state employees' retire- men~ system to file' a request for retroactive membership wi~h the state comptroller." It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts establish- ~ng such necessity are as follows: The Town of Southold does not have ~he power to enact such legislation by local law. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Nickles, Supervisor Pell. This_.resolution was declared duly ADOPTED. 7. Moved by Councilman Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Senior Citizen Club~ Inc. to hire one bus a~ a cost of $250.00 to t~ansport their group to Leonards in Great Neck for a dinner/show on May-10, 1983. Vote of the Town Board: Ayes: Justice Edwards, Councilma~ Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 8. Moved by Justice Edwards, seconded ~y Councilma~ Nickle~, it was RESOLVED that the application of Florence Steiner for renewal of. a single family house traile~ permit for trailer located at right- of-way located off south east side of Main Road, Mattiiuck, New York be and hereby is granted for six months. Vote of the Town Board: Ayes/ Justice Edwards, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 9. Moved by Councilman Nickles, seconded by Justice Edwards, it was RESOLVED that the. application of Wal~er and Frank Sawicki f~r~ renewal of a single f~mily house tra~ler permit for trailer-located at north side of Old North Road, Southold, New York be and hereby is granted for six months~ Vote o£ the Town Board: Ayes:-_ Just~ice Edwards, C~u-nqil~an Murphy-, Councilman Nickles, :S~pervisor Pell.- Th.is resolution was declared duly ADOPTED. 10. Moved by Councilman Murphy, seconded-by ~Justi~e Edward~, WHEREAS, the local highway networks are in desperate n~ed of rehabilitation, and WHEREAS, the municipal-subdivisions, 'in ~ood faith, budgeted for 1983 state aid as directed under the Consolidated Highway Improvement Program (CHIPS)~ and WHEREAS, ~he recently announced substantial r~duction in ~h~ CHIPS program as p~oposed in the budget will cause severe disruption to the mi~imum maintenance programs for ~he ~ocal s~reets and highways, now, therefore, be it RESOLVED that the To~n_ Board of the ~own of Southold requests 490 MARCH 8, 1983 the reinstatement to the previous years ~unding the CHIPS program, and BE IT FURTHER RESOLVED that the Town Board of the Town of S0uthold requests the Governor's Office and the Legislature to be cognizant of the extreme hardships caused when the municipal fiscal year budgeted funding is sumarily decreased during that year, and BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to: Governor Marlo Cuomo, Senator Kenneth P. LaValle, Assemblyman Joseph Sawicki, Jr., Acting Commissioner of Transportation John K. Mladinow, New York State Association of Counties, New York State Association of Town Superintendents of Highways, Association of TOwns, Conference of Mayors. Vote of the Town Board: Ayes: Justice Edwards, Councilman :Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 11. Moved by Justice Edwards, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Chief H. Daniel Winters to attend the Federal Bureau of Investigation National Academy at Quantico, Virginia from April 10, 1983 through June 24, 1983, at no cost to the Town of Southold, and be it further RESOLVED that Chief Winters be and he hereby is authorized ~ travel to and from Quantico, Virginia by means of a Southol~d Town Police vehicle. Vote of the Town Board: Ayes: Justice Edwards,'Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. COUNCILMAN NICKLES': I'd just like to make one comment. I think that the opportunity that is afforded to our Chief by bei~ ~omon~ qualified to attend this--I think which is probably the most 'prestigous police academy in the United States--is an honor both for Dan Winters and for the Town and the people of Southold Town are going to get a great deal of benefit from this training our Chief of Police will receive and I also understand from the meeting today that one of the thimgs to do to qualify to go is he had to go to West Point Academy--the F.B.I. firing range up there and qualify and I think he came in number one our of thirteen. SUPERVISOR PELL: 250 was a perfect score and h~ got 235 or 236. Number one out of thirteen. We're proud of him. As John says, he's done a good job-and, proud tha~ he w~s asked ~o go to th~s school. We had other people who have tried to go to it since I've been in office, from the Town, and were not accepted, and - here' they ask Dan to goJ As John says, we're very pleased. 12. Moved by Justice Edwards, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby appoints ~he following individuals to the Board of Review under the Southold Town Fire Code, effective February 1, 1983 through February 1, 1984: Kenneth Edwards ..... Fishers Island Edward Loper ..... Orient Daniel Dzenkowski ..... East Marion Craig Richter ..... Greenport James B. Drumm ..... Southold Vincent Wieczorek ..... Cu~chogue George Lessard, Sr.- .... Mattituck Vote of the Town Board:' Ayes: Justice Edwards, Councilma~ Murphy, Councilman Nickles, Supervisor Poll. This resolution was declared-duly ADOPTED. 13. Moved by Councilma~ Murphy, seconded by Justice'Edward~, it was RESOLVED that the Town Board of the Town of Southo~d h~reby releases the completion bond in the amount of $10,000 ~ited with ~he Town by Joli E~terprises, I-nc.~ d/b/~ FederallCons'ervat~io~ Group, with regard To the installation of Tripolymer fo~m in~s~lation in the entire wall cavit±es~nd "I" beam cavities (Bid #100l,Ol R) at the Southold Town Senior/Youth C~nter-, Peconic Lane, Peconic, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman-'Murphy, Councilman Nickles, Supervisor Poll. This resolution was declared duly ADOPTED. 14. Moved by Justice Edwards, seconded by Councilman Nickles, it was RESOLVED that the To~n Board of the Town of Southold dec_late _ MARCH 8, 1983 491 itself lead agency in regard to~the~:~tate Environmental Quality Review Act in the matter of the application of Dalchet Corporation et al for a Change of Zone £rom "A" Residential and Agricultural District to "B-I" General Business District on certain property located east of Stillwater Avenue and west of Harbor Lane, on Route 25, Cutchogue~ New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Nickles, Supervisor Poll. This resolution was declared duly ADOPTED. 15. Moved by Councilman Nickles, seconded by Justice Edwards, WHEREAS, a petition was received from Dalchet Corporation, et al requesting a change of zone on certain property at Cutchogue, New York, said petition for a change of zone from "A" Residential and Agricultural District to "B-I" General Business District, now, therefore, be it RESOLVED that the Tow~ Clerk of the Tows 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) of the Code of the Town of Southold. Vote of the Town Beard: Ayes: Justice Edwards, Councilman Murphy Councilman Nickles, Supervisor Poll. This resolution was declared duly ADOPTED. 16. Moved by Councilman Murphy, 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 matter of the application of The Land Use Company for Patrick Carrig for a Wetland Permit on certain property located 'at Eugene's Creek, off east side of Eugene's Road, Cutchogue,-.~ew York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy ~Councilman Nickles, Sh~ervisor Fell. This resolution was declared duly ADOPTED. ' SUPERVISOR FELL: Number 17 we're going to put a hold on for right now until we get the results from the P.S.C. hearing that was held the other day in Riverhead which I went to and John went to. We will wait until we get the results from that before we rule on this one. 18. Moved by Justice Edwards, seconded by Councilman Nickles, it was RESO.LVED that the Town Board of the Town of Southold enter into an agreement with Briarcliff Landscape Inc., Cutchogue, New York, for a spring/summer/fall Lawn and Shrub Program at the Southold Town Hall, at a total cost of $705.00. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, . Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 19. Moved by Councilman Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southotd hereby grants permission to the Southold Senior Citizen Club,-Incl to hire a second bus to transporm their group to Tarrytown to visit the Goebel Collection and film on March 24, 1983. Vote__of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 20. Moved by Justice Edwards, seconded by Councilman Nickles, it was (a) RESOLVED that the Town-Board of the Town of Southold hereby grants permission to the Southold Fi~e Department to use Main Bayview -- Road, Akerly Pond Lane, Jockey Creek Drive for-stagihg areas for their 13th Annual Southold Fire Department Parade and Tournamen~ .and the parking area behind and around the Southold Fire'House for conducting the tournament on July 2-~ 1983 (rain date - July 3,_ 1983); provided they secure the necessary insurance to-hold the Town of Southold harmless. Vote of the Town Board: Ayes: Justice Edwards, Coun6ilman Murphy, Councilman Nickles, SupervisQr Poll._ This resolution was declared duly ADOPTED. 20. Moved by Councilman Nickles, seco_nded by Supervisor Pell, it was (b)~ RESOLVED that the Town Board of the Town of_Southold her.eby grants permission to the Southold Fire Department ~o use the parking areas behind_ and _around the Southold Fire House for their Annual Fireman's Block-Party oh July- 28, 29, 30, 31, _Aug-us_t 1, 2,- 3, 1983; provided they s_ecure_the necessary ~nsurande ~o-hold t~e 1492 MARCH 8, 1983 Town of Southold harmless. Vote of the Town Board: Ayes: Justice Edwards, Councilman MU.rphy, Councilman Nickles, Supervisor Pell.. This resolution was declared dul.y ADOPTED.i 20. Moved by Councilman Murphy, seconded by Justice Edwards, it was (c) RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Fire Department to use Main Bayview Road, Akerly Pond Lane, Jockey Creek Drive for staging areas for their Annual Fireman's Parade on August 2, 1983; provided they secure the necessary insurance to hold the Town of Southold harmless. Vote of the Town Board: Ayes: Justice Edwards, CQuncilman Murphy, Councilman Nickles, Supervisor Pell. Thisr esolution was declared duly ADOPTED. ' 20. Moved by Councilman Nickles, seconded b~ Justice Edwards, it was (d) RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Fire Department to use the parking areas behind and around the Southold Fire House for their Annual Street Dance to be held on September 3, 1983; provided they secure the necessary insurance to hold the Tawn of Southold harmless. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Supervisor Pell, seconded by Councilman Ni-ckles, it was RESOLVED that a recess be called at this time, 8:00 P.M., ~r the purpose of hold a public hearing on the petition of Jem Realty for a Change of Zone. Vote of the Town Board: Ayes: Justice Edwards, Councilman Mu~rphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Meeting reconvened at 8:20 P.M. 21. Moved by Justice Edwards, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold allocate $1,400.00 from the Joint Youth Account for the purchase of equip- ment for the Mattituck-Cutchogue Little League. Vote of the Town Board: Ayes: ustice Edwards, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 22. Moved by Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold set Tuesday, March 22, 1983, Southold Town Hall, Main Road, Southold, New'York as date and place for hearings upon the following applications for Wetland Permits: 3:30 P.M. - Upon application of Fritz C. Kohn for a permit in accordance with the p~ovisions of the Wetland Ordinance of ~he Town of Southold for permission to install 65 ft. of bulkheading ~o control erosion and provide docking for private pleasure boat at canal to Schoolhouse Creek, off Old Harbor Road, New Suffolk, New York. 3:35 P.M. - Upon application o-f John Geideman on behalf of Robert and Patricia Troxel for a permit under the provisions o~ the Wetland Ordinance o£ the Town of Southold for permission to construct 65 feet of-bulkhead on canal of~ James Creek at 2800 Ole Jule Lane, Mattituck, New York. 3:40 P.M. - Upon application of Enconsultants, Inc. on behalf of John Bubany for a permit Under the provisions of the Wetland Ordinance of the Town of Southold for permission to maintenance dredge within existing boat slip and deposit excavated material on upland portion of lot where it wil~ not re-en~er waterway at 2350 Beebe Drive, on Eugene Creek, Cutchogue, New York. 3:45 P.M. - Upon application of Enconsultants, Inc. on behalf of Chester Koloski fo~ a permit under the provisions of the Wetland Ordinance of the Town of Southold to maintenance dredge withi~ existing boat slip and deposit excavated materia~ on uplandS'portion of lot where it will not re-enter waterway at 2250 Beebe Drive, on Eugene Creek, Cutchogue, New York. o Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared du~y ADOPTED. 493 MARCH 8, 1983 ~. 23. Moved by Councilman Nickles, seconded by Justice Edwards, 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 actio~ described below, has determined that the project, which is unlisted, will not have a significant effect on the environment. Description of Action~ Application of Fritz C. Kohn for a Wetland Permit to install 65 feet of bulkheading to control erosion and prowide docking for private pleasure boat at canal to Schoolheuse Creek, off Old Harbor Road, New Suffolk, 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 a response from the Board of Southold Town Trustees and Southold Town Conservation Advisory Council indicating that this project would not have a significant effect on the environment. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation and the Southotd Town Building Department, it is assumed that there are no objections nor comments from those agencies. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 24. 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 P rt 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 ms unlisted, will not have a significant effect on the environment. Description of Action: Application of John Geideman on behalf of Robert and Pa~ricia Troxet for a Wetland Permit to construct 65 feet of bulkhead at canal off James Creek~ at 2800 Old Jule Lane, Mattituck, 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 a response from the Board of Southold Tvwn Trustees and Southold Town Conservation Advisory Council indicating that this project would not have a sign~icant effect To the environment. Because there has been no response in the allotted tiM~ from the New York State Department of Environmental Conservation and the Southold Town Building Department, it is assumed that there are no objections nor comments from those agencies. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 25. Moved by Justice Edwards, seconded by Councilman Murphy, 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 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 ~f Enconsultants, Inc. on behalf of John Bubany-for a Wetland Permit to maintenance dredge within existing boat slip and ~eposit excavated material on upland portion o£ lot where it will not re-enter waterway, at 2350 Beebe Drive, on Eugene 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 which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented ~s planned. Because there has been a response from the Board of Southold Town Trustees and Southold Town Conservation Advisory Council 494 MARCH 8, 1983 indicating that this project would not have a significant e££ect on the environment. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation and the Southold Town Building Department, it is assumed that the~e are nQ objections nor comments from those agencies. Vote of the Town Board; Ayes; Justice Edwards, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 26. Moved by Councilman Murphy, seconded by Justice Edwards, 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 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 Enconsultants, Inc. on behalf of Chester Koloski for a Wetland Permit to_maintenance dredge within existing boat slip and deposit excavated material on upland portion of lot where it will not re-enter waterway, at 2250 Beebe Drive, on Eugene Creek, Cutchogue, New York. The project has been determined not to have a significant effect on the environment for the following reasons~ An environmental assessmen~ has been submitted which indicated that no significant adverse effect ~o the environment are likely to occur should the project be implemented as planned. Because there has been a response from the Board of Southotd Town Trustees and Southold Town Conservation Advisory Count-il indicating that this project would not have a significant e££ect on the environment. Because there has been no response-in the allotted time,from the New York State Department of Environmental Conservation and the Southold Town Building Department, it is assumed that there are no objections nor comments from those agencies. Vote of the Town Board: Ayes¢ Justice Edwards, Councilman Murphy, Councilman Nickles~ Supervisor Pell. This resolution was declared duly ADOPTED. 27. Moved by Councilman Nickles~ seconded by Councilman Murphy, 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 Enconsultants, Inc. on behalf of Petersen Towing Corp. for a Wetland Permit on certain property located on right-of-way off Naugles Drive, on Mattituck~ Cre~k, Mattituck~ New York. Vote of the Town Board; Ayes¢ Justice Edwards, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 2S. Moved by Justice Edwards~ seconded by Councilman Murphy, 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 Enconsultants, Inc. on behalf of Genevieve Robinson for a Wetland Permit on certain property located on right-of-way off Naugles Drive, on Mattituck Creek~ Mattituck, New York. Vote of the Town Board¢ Ayes: Justice Edwards, Coucnilman Murphy, Councilman Nicktes~ Supervisor Pell. This resolution was declared duly ADOPTED. 29. Moved by Councilman Nickles, seconded by Justice Edwards, WHEREAS, cellars are important as structural features of the average home in lhis Township and State, and WHEREAS, most homes are constructed woith cellars to provide protection against cold and dampness, a~d WHEREAS, the first habitable floor in structures with cellars is well above the 100 year flo~d plain elevation, and WHEREAS, the New York State Building Code does not allow for cellars to be used as habitable space, it is therefore RESOLVED that the Town Board of the Town of Southold request that definition of the lowest floor as established by the Federal Emergency Mapagement Agency be so worded to exclude cellars from the determination of the lowes~ ~loor. Vote of the Town Board: Ayes; Justice Edwards~ Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared dulyJADOPTED. - MARCH 8, 1983 30. Moved by Councilman Murphy, seconde~;.by Councilman Nickles, it was RESOLVED that the Southold Town B~:~' ~eclare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Co~tello Marine Contracting Corp. on behalf of Howard Stabile for a Wetland Permit on certain property located south of Osprey Nest Road, at "Beach Area" on Gull Pond, Greenport, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. --~' SUPERVISOR PELL~ Number 31 we are going ~o wait on. We're not quite ready to move on this. It will be on the agenda in two weeks. 32. Moved by Justice Edwards, seconded by Councilman Murphy, WHEREAS, there has been introduced at this meeting of the Southold Town Board a Local Law ~o provide for a Moratorium on Applications for Subdivision Plat Approval, which reads as follows~ LOCAL LAW NO. - 1983 A Local Law to ProVide for a Moratorium on Applications for Subdivision Plat Approval. BE IT ENACTED by the Town Board of the Town of Southold as follows~ Chapter 100 of ~he Code of the Town of Southold is hereby amended by adding a new Article thereto, to be Article XVI, to reas as follows~ ~100-160 Findings ARTICLE XVI MORATORIUM 495 1. In response to threats Of groundwater quality and increasing demands for potable drinking water in the North Fork of Eastern Long Island, the Suffolk County Department of Health Services retained ~he services of ERM-Northeast ~o conduct a study of water supply options for the North Fork. On December 16, 1982~ ERM prepared a draft report entitled "North Fork Water Supply, Executive Summary and Recommendations," wherein it made the following findings: (a) That the total available groundwater supply is limited. (b) That in-the Town of Southold, a very delicate balance exists between fresh water lenses, salt water intrusion, chemical contamination and waier requirements. (c) That over-pumpage or improper well location causes lateral and vertical saltwater intrusion. (d) That because the aquifers are shallow, they are extremely susceptible t~ chemical contamination and have a l'.imited dilution or assimilative capacity. (e) That the above conditions require that groundwater resources be properly managed and protected in order ~o provide the necessary water supply requirements. 2. That in the past two years there has been a sharp ~ncrease 496 MARCH 8, 1983 in the number of acres for subdivisions filed with the Planning Board for subdivision plat approval involving land throughout the Town. 3. That the Town of Southold has retained the firm of Raymond, Parish, Pine and Weiner, Inc. to conduct such ~tudies as it deems necessary ~o update the Town's 1967 Master Plan to provide for the future developmen~ of the Town. 4~ Tha~ such firm is presently ~n the process of collecting. data, including the review of existing wa~er ~tudies ~o determine the Town's developmen~ capacity based in part upon The available supply of potable wa~er. '- 5. That the Town Board believes that, based upon the findings and recommendations of the ERM report, that lhe p_lannin~g firm ma-y recommend that the existing zoning code and zoning map b~ amended in order to prevent the shortage o'f potabie water and in'accordance with such land use factors as .agriculture, fishing and tour~$~m. 6. That the Town Board is-concer~ed that the present-land Use regulations in the Town of Southold may be inco~sisten~ with the- land use and lot size regulations which may b~ recommended by said. planning firm. -_ ~100-161 Purpose It is therefore the purpose of this Article ~o impose a moratorium on the approval of applications for major and minor subdivisions throughout the Town of Southold, not including Fishers Island, in order ~o allow the planning firm and ~own official~ a reasonable period of time to study, prepare and adopt reasonable measures ~o preserve and protect the limited water resources of t'he Town in such areas~ and to prevent a race of diligence of land owners ~o develop land under the existing zoning regulatiqns during the Town's consideration of ~uch measures which may result in the establishment of land development which would b~ inconsistent with such measures and defeat their intent and purpose. ~100-162 Subdivision Plat Applications Notwithstanding the provisions Df Article 16 of the'Town Law, and the provisions of grti'cle Al06 of the Southold Town Code, during ~he period of time that this Article shall be in effec't~ the So~thold Town P~anning Board shall not accep~ or take any action on ani application for the approval of any major or minor subdivision plat, which has no~ received sketch plan-approval on or befQre ~rch 8,_ - MARCH 8, 1983 497 1983 where the land proposed to. be subdivided is located in that area of the Town described in Section 100-163 of this Article. 8t00-1:63 Area Affected By This Article The provisions of this Article shall affect all of the mainland of the Town of Southold, except Fishers Island. ~100-164 Relief From the Provisions of This Article Where the Town Board find that practical difficulties or unnecessary hardship may result from the strict application of the provisions of this Article, it may-, upon application to it, vary or modify the provisions of this Article so that the spirit and intent of this Article shall be observed, public health and welfare secured and substantial justice done. Upon the receipt of an application for relief from the provisions of this Article, the Town Board shall fix a time for a public hearing, on the app~ation and shall give notice thereof by publication in the official newspaper of the Town at least ten days before such hearing. ~i00-165 Duration of Moratorium The provisions of this Article shall be and remain in full force and effect for a period of nine (9) months from and after the effective dave of this Article with such moratorium. 8100-166 Prior Approvals Nothing convained herein shall be deemed to abrogate or annul any prior approval granted and in effect as of the effective date of this Article. ~100-167 Supersession This Article shall supersede, in its application to the Town of Southold, Sections 276 and 277 of the Town Law. ~100-168 Effective Date This Local Law shall rake effect upon The date of its filing 'in the Office of the Secretary of State. NOW, THEREFORE, BE IT RESOLVED that the Town Clerk of the Town of Southold be and she hereby is directed to transmit said proposed Local Law to the Southold Town Planning Board and Suffolk County Department of Planning for their recommendations and comments. Vote of the Town Board: Ayes: JusticehEdwards, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly AD~PTED. 33. Moved by Councilman Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to engage the services of-Evelyn Clark as a reservation clerk for automobiles, To be compensaved at a rate of $4.50 per hour, on an average annual basis of less than 15 hours per week, commencing April 1, t983. Vote of the Town Boar. d: Ayes: Justice Edwards, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly_ADOPTED. 498 MARCH 8, 1983 34. Moved by Councilman Nickles, seconded by Justice Edwards, iq 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 petition of Marin'e Associates, Inc. for a change of zone from "C" Light Industrial District to "M-i" General Multiple Residence District on certain property located on the easterly side of First Street, at New Suffolk, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Nickles, Superv'isor Pell. This resolution was declared duly ADOPTED. 35. Moved by Justice Edwards, seconded by Councilman Murphy, WHEREAS, a petition was received from Marine Associates, Inc. requesting a change of zone on certain property at New Suffolk, New York, from "C" Light Industrial 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 Southold Town Planning Board in accordance with Article XV, Section 100- 150(B) of the Code of the Town of Southold. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 36. Moved by Councilman Murphy, seconded by Justice Edwards, WHEREAS, Port of Egypt Marine, Inc. applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated January 6, 1983, and WHEREAS, said application was referred to the Sou~hold Town Trustees and Southold Town Conservation Advisory Council-f~r their findings and recommendations, and WHEREAS, a public hearing was held by the Town Board with respect to said application on the 8th day of March, 1983, at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that Port o~ Egypt Marine, Inc. be granted permission under the provisions of the Wetland Ordinance of the Town of Southold to rearrange existing dockage inside of their marina, with no net gain in slips, and pull and reset anchoring pipes on floating docks, at Budd's Po~d, Main Road, Southold, New York. This permit shall expire on M~rch 8, 1984; there shall be two ~ inspections required; and the Town Clerk shall be notified when the project is completed. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 37. Moved by Councilman Nickles, seconded by Councilman Murphy, 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 the Savin Corporation for the lease~ of one Savin 840 Copier machine for the Nutrition Center, at a cos~ of $89.00 per month, to be paid from the Building Account, fOr an all inclusive lease which inclused maintenance. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Nickles, S~pervisor Pell. This resolution was declared duly ADOPTED. - ..... 38. Moved by Justice Edwards, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold will hold a public hearing at the Southold Town Hall, Main Road, Southold, New York on the 5th day of April, 1983 at 3:00 P.M., at which time and place all interested persons will be given an opportunity to be heard upon the following matter: "A Local Law ~o Amend the Southo~d Town Vehicle and Traffic Code in rel&tion to Parking of Vehicles", which reads as follows: LOCAL LAW NO. , 1983 A Local Law to Amend the Southold Town Vehicle and Tra£fic'Co~e in relation to Parking of Vehicles. BE IT ENACTED by the Town Board bf the Town of Southold as MARCH 8, 1983 499 follows: I. Section 92-41 of the Code of the Town of Southold (Parking prohibited at all times) is amended by adding the following thereto: Name of Street New Suffolk Road New Suffolk Road Side East West Location At Cutchogue, from the southerly curbline of Route 25 southerly for a distance of 400 feet. At Cutchogue, from the southerly curbline of Route 25 southerly for a distance of 385 feet. II. Section 92-42 of the Code of the.Town of Southold (Parking prohibited during certain hours) is amended by adding the following thereto: Name of Street Side Between the Hours of Location Pequash Avenue Both East Road 10:00 P.M. and 7:00 A.M. In Cutchogue from the guard rail at the south- erly terminus northerly for a distance of 210 feet. Both 10.:00 P.M. and In Cu%chogue from the 7:00 A.M. guard rail ar"~he easterly terminus westerly for a distance of 200 feet. III. This' Local Law shall take effect immediately. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 39. Moved by Councilman Nickles, seconded by Councilman Murphy, WHEREAS, the Town of Southold's MSW-Southold, New York Ltd. Permit to Construct the proposed Southold incinerator at the Landfill site in Cutchogue will expire on April 22, 1983, and WHEREAS, the Town is still considering municipal solid waste disposal through incineration, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby requests the New York State Department of Environmental Conservation to extend said Permit to Construct for one year to April 22, 1984. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: Any Board member have anything else he wishes to bring up at this time. COUNCILMAN NICKLES: Yes. I was absent at the last meeting and if I had been here I would have objected to the fact that on the proposed renewal of the clam program That we did not stay within the budget and on the grounds also, secondly, that has been the policy of this Board, of late, not To use Federal Revenue Sharing funds for on- going programs. SUPERVISOR PELL: Any other Councilman or Judge have anything to add? (No response.) Any member of the audience wish to address the Board? Mrs. Ruth Oliva. MRS. RUTH OLIVA, President, North Fork Environmental Council: It's been a long nine months since we first introduced the petitions for a moratorium and we are deligh~ted that the Town Board has decided to act to send this to the County and 5o the Planning Board for review and then for a public hearing, for both this proposal and for Councilman Townsend's proposkl2 We only hope that between now and then there will be enough information gathered to convince those members of the Board who are doubtful now that this is a necessity as of this[time. Thank you. SUPERVISOR PELL: Anybody else-wish to address the Town Board? Yes? Name please. 0! 499 MARCH 8, 1983 MR. PHIL BARTH, Southold: The reason I'm getting up to speak now is that you gentlemen have seen me now for the last three months coming down to ali the work sessions and the reason I'm getting up now is because I'll be leaving for a month and a half to ISrael for a vacation and I want to express my thoughts before I leave. It seems to me that in all the deliberations that I've listened to and been witness to, that one thing stands out pretty clear in my mind. That one of the worst things that can happen is the indecision that I've seen on the Board, especially when it came to the moratori~m. I think that indecision of this sort is bad not only for the residents of Southold but even for the developers, the property owners and everyone else that's involved in it, because you don't know which way to turn~ therefore I agree with Ruth that it's a ~ery encouragin sign that finally the Board has decided to move. I like the directi, they're moving, but I would say that no matter what direction you're moving in, move so tha~ we get some resolution of this and we know which direction we're going. Now I hope by the time I come back that this thing is all resolved. SUPERVISOR PELL: Thank you, Mr. Barth. COUNCILMAN NICKLES: Bring us back a camel with water in it. MR. BARTH: I'll bring you back a rock from the Holy Land. COUNCILMAN MURPHY: Have a good trip. SUPERVISOR PELL: Anybody else wish to address the Board? Mr. Franklin Bear. MR. FRANK BEAR, Southold: I just want to add my words of apprec- iation for the step that has been taken this evening in the direction of a moratorium, town-wide. I'm hopeful that by the time this goes To public hearing and is acted upon by the Town Board, and that this Board will take action which will pu~ us in a position of finding out w at s going to happen--what can happen to this Town and before it's too late. I hope that we can keep this moratorium in effect ~own- ~de and t~at if necessary that it can be extended until theTown ~±an is upaated and necessary rezoning has been accomplished in o~de~ to implement it. Thank you very much. / SUPERVISOR'PELL: Anybody else wish to address the Board? Thank you, Mr. Bear. If not, motion is in order to adjourn. Moved by Supervisor Pell, seconded by Councilman Nickles, it was RESOLVED that this Town Board meeting be adjourned at 8:34 P.M. Vote of the Town Board: Ayes: Justice Edwards, Councilman MurPhy~ Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED.