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HomeMy WebLinkAboutTB-03/22/1983SOUTHOLD TOWN BOARD MARCH 22, 1983 EXECUTIVE SESSION 9i:00 A.M. - The Board met with Chief of Police Winters to discuss pOlice personnel. WORK SESSION 9:30 A.M. - The Board began reviewing the agenda. - Reports I (4) - report of Historian Goodrich relative to sale of Liber D - The Board decided that Liber D should be sold for $40.00, plus postage and handling costs. Supervisor Pell received permission from the Board to hold a party to introduce Liber D, and appointed Town Clerk Judith Terry and Supervisor's Secretary Christina Hogan to make the arrange- ments. 9:40 A.M. - Donald L. Bingham, Subdistrict Chief, U. S. Geological Survey Water Resources Division, his assistants Bruno Nemicas and Herb Buxton, and Harold Weismann of ERM-Northeast met with the Board at the request of Councilman Murphy who said the Town is interested in gathering information to aid in the overall manage- ment of the groundwater. Mr. Bingham said they are presently helping the County of Suffolk establish water quantity parameters and will be testing and assessing the county groundwater management plans on the U.S.G.S. regional model, which breaks down the system on a block by block basis. However, the regional model only extends out to the Mattituck Inlet. Mr. Bingham said the Town should first talk to the Suffolk County Department of Health Services to determine what available data they have and then U.S.G.S. would be willing to sit down and assess what is available and what additional data is needed to prepare a fork-wide model. He did indicate that to chart the shoreline water contours would be require about' two years and would cost the Town about one hundred thousand dollars. Councilman Nickles suggested that Mr. Bingham meet with the Planning Board to determine whether their services would be beneficial in the present planning process and beyond. Councilman Murphy will meet with the Suffolk County Department of Health Services. 10:45 A.M. - Anthony Blados, Vincent Wieczorek and Curtis Horton, Commissioners of the Cutchogue Fire D~partment, met with the Board to discuss three current problems: (1) hazardous parking on the corner of New Suffolk Avenue and Route 25, Cutchogue, (2) illegal parking in front of the Key Food supermarket, (3) illegal fire zone lines painted on the road at Duck Pond Road. The hazardous problem at New Suffolk Avenue is being addressed by amendment to the Vehicle and Traffic Code prohibiting parking on that corner. No parking on Route 25 within 15 to 18 ft. of the intersection is already a State Law. Chief Winters will be instructed to enforce the no-parking in front of Key Food. At Duck Pond Road there should be a no-parking from 10 PM to 7 AM sign. The fire zone sign will be removed and the correct sign erected. 11:05 A.M. Mrs. Cleo Tsounis and Mr. Edward Summers of Captain Kidd Estates met with the Board to urge that they begin the engineering study for a water district. They said Mr. Tsontakis, the owner of the Captain Kidd Water Company,has stated that no matter what he does he is afraid the system will fail before the summer. Councilman Nickles advised them that if the Town proceeds with the study, it will not solve the problem before summer. At the present time the Board would like to hold the matter in abey- ance awaiting the decision of the Administrative Law Judge, which should be forthcoming in the near future. Mrs. Ts6unis and Mr. Summers agreed to wait. 11:25 A.M. The Board continued to review the agenda. MARCH 22, 1983 11~30 A.M. - Attorney Abigail Wickham met with the Board ~o request an extension of nine months from the January 15th expiration date on the unsafe building problem of.Nicholas Schick (Orient Point Inn). Ms. Wickham requested the extension until the SEQRA ~rocess has concluded on the pending change of zone application of Mr. Schick. Ms. Wickham will make a formal request in writing. 11:40 A.M. - Chairman of the Board of Assessors Henry Moisa met with the Board to discuss proposed county assessing. Mr. Moisa said there is a new law which requires that data on each Transfer of property be sent to the State office with a copy of the property record card, which should give the Board an idea of the direction ~ assessing is going, i~~j 11:~5 A.M. - Bertrice Small presented the Beard with a petition containing 39 signatures o~ merchantS and bu~in~s~eo~!? ~n ~oUthold, again requesting repair of the siaewalks in ~ou~no±a v~±±age. 12 Noon - Recess for lunch. 1:25 P.M. - Work Session reconvened and the Board coatinued review- ing the agenda. 2:00 P.M. - Planning Board Chairman Henry Raynor met with the Board relative to the Planning Board's suggested ERM study to define the water quantity and quality outside the budget areas. Mr. Raynor stated that ERM has-be~n asked for the exact gallonage outside the water budget areas, but if that does not include areas below ~he 2 ft. contours, then the study would be useless. The Planning Board will sit down with ERM to iron out what they propose to do for the Town. 2:20 P.M. - Returned to reviewing the agenda. 2:40 P.M:. - Mr. John Wickham addressed the Board, informing them of ~he methods of planning used in years past when he was Chairman of the Planning Board· 2-45 P M. - Continued ~o review the agenda. - Discussed possible · ' Fishers Island. seed scallop program to be established on Development Director Jim McMahon feels th~s program would be 10 ~ fundable. Councilman Nickles stated he thinks this program looks like it is still experimenta~ and the Board should wait until there are results of the experiment. Justice Edwards~ Councilman Murphy and CounCilman Murdock favored the proposal.--'The Board decided to spend $1500 on the chowder clam program and notify the D:.E.C. of the decision· * * * REGULAR MEETING 3:00 P.M. A Regular Meeting of the Southold Town Board was held at 3:00 P.M., Tuesday, March 22, 1983 at the Southold Town Hall, Main Road, Southold, New York. Supervisor Pell opened the ~meeting with the Pledge of Allegiance to ~he Flag. Present: Supervisor William R. Pell, III Councilman John J. Nickles Councilman Lawrence Murdock, Jr.- Councilman Francis J. Murphy Councilman Jgseph L. Townsend, Jr. Justice Raymond W. Edwards * * * Town Clerk Judith T.-Terry _ Town Attorney Robert W. Tasker MARCH 22, 1983 3 Moved by Councilman Nickle~,~-§~B~ded by Councilman Murphy, it was RESOLVED that the minutes of the March 8, 1983 Southold Town Board meeting be and 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. Moved by Supervisor Pell, seconded by Councilman Nickles, it was RESOLVED that the next Regular Meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday, April 5, 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. I. REPORTS SUPERVISOR PELL: These reports can be reviewed at the Town Clerk's Office or the Supervisor's Office if anybody wishes to do so. 1. Justice Tedeschi's monthly report (February 1983). 2. Justice Edwards' monthly report (February 1983). Cablevision's monthly report (February 1983). 4. Historian's monthly report. 5. Councilman's reports. Councilman Townsend--- COUNCILMAN TOWNSEND: Nothing of great import, only that I'd like to congratulate the sponors of the St. Patrick's Day Parade and apologize for the confusion that existed in the Town representation in that parade. It rained cats and dogs and in spite of that there was quite a turn-out and they did a good job and I know the Board members wanted to be there but for various reasons having to do with notification and so forth most of them couldn't make it. SUPERVISOR PELL: Councilman Murdock? COUNCILMAN MURDOCK: During the working session I had a discussion with the Town Board in reference to the landfill, that I would like the Town Board to set a course on our future with the landfill. We discussed a proposition by Jim McMahon in reference to a seed Scallop program, similar to Frank Murphy's seed clam program and I did discuss with the Board that we would have a Code Committee meeting on the night of March 25t'h. SUPERVISOR PELL: Thank you. C~ncilman Nickles. COUNCILMAN NICKLES: Nothing. SUPERVISOR PELL: Councilman Murphy. COUNCILMAN MURPHY: I would just like to congratulate one of the local papers, The Suffolk Times. I heard last night that they were the receipient of four different awards for excellence and I think we should acknowledge that they've done a pretty good job, especially their ace reporter. COUNCILMAN TOWNSEND: Three in photography and one in humor. COUNCILMAN MURPHY: I didn't want to say it was in news reporting. SUPERVISOR PELL: Judge Edwards. JUSTICE EDWARDS: Just that the ~owling alleys on the Island are progressing and they should be in operation-before the end of the month. They're still struggling to make ali the~ends meet, but we will be bowling there before the first of April. Thank you. SUPERVISOR PELL: SupervisorLs report-- at the Suffolk County Ten Town's Supervisor's Association we elected Marry Lang from South- ampzon Township to be Chairman this year. The last four years it was west-end towns, Huntington and Smithtowh. This'year we brought it out to the east-end towns and Mr. Lang was elected to serve. I'd like ~o also men~ion that this morning we officially will appoint a committee to work with the unveiling of Liber D. It's a book of approximately 475 pages long ail ~bout Southold ~own's ~istory in ~ 4%~'~ MARCH 22, 1983 the past. It was put together under the guidance of our Town Historian Mrs. Goodrich. She has done a superb job. The book is in print now. It will sell for $40.00 per copy when it is put out. Our Town Clerk Mrs. Terry and Mrs. Hogan from my office will serve as a committee of two to put together, and again I use the word "un- veiling" of this book and we give Mrs. Goodrich credit at that time for doing one heck of a lot of work on behalf of the Town. 'Later plans will be announced, I hope. II. PUBLIC NOTICES COUNCILMAN NICKLES: 1. Notice of Complete Application from the New York State D.E.C. on application of Marine Associates, Inc. to construct a 24-unit condominium complex at Cutchogue Harbor, New Suffolk. Comments are to be in to the D.E.C. by April 1st, 1983. Copy of this notice is on the bulletin board and with the Town Clerk. COUNCILMAN MURPHY: 2. Certificate and Notice to Close a Highway. This is to certify ~hat the undersigned County Superintendent of Highways at the County of Suffolk considers it necessary, pursuant to Section 104 of the Highway Law, to close a portion of highway in the Town of Southold, County of Suffolk, known as New Suffolk Avenue. It is necessary to close that portion of the highway between Locust Avenue and Moores Lane from 8:00 A.M. on March 21, 1983 until the completion of the new bridge over Downs Creek, as such bridge is now being reconstructed under the provisions of the Highway Law, and the work cannot be properly conducted and completed unless the portion above described be closed during the time such workis in prQgress. Signed by A. Barton Cass. ~This is going on now. The road is closed and signs are up and they are pretty well signed. You shouldn't have any problem them. The fire departments and all have been netified. COUNCILMAN NICKLES: 3. Department of Transportation, N.Y.S.i, and it-is a notice to the Town of the discontinuance of the state high- way on'.an old portion of ~oute 25 in Laurel, which is that section near the~Elbow Two and-a few other business establishments. Later on in today's agenda we'll be naming that portion of the ~tate road which is now called "old highway" to Franklinville Road. COUNCILMAN MURPHY: 4. New York State Department of State is required by federal regulations to provide timely public notice for the activity described below, which is subject to the consistency provisions of the Federal Coastal Zone Management Act. It's concerning a plan, any interested parties and/or agencies desiring to express their views concerning the proposed activity may do so by filing written comments no later than 4:30 P.M., 30 days from the date of issuance of this notice, or April 15th, whichever date occurs sooner. Comments should be addressed to the New York State Department-of State Coastal Management Program, 162 Washington Avenue, Albany. Telephone(518)474-5063. This is posted on the Town Clerk's Bulletin Board for anyone's information. COUNCILMAN NICKLES: 5. Notice of Complete Application from the N.Y.S.-D.E.C. on application of Albert Roke, New Suffolk Shipyard, to construct a bulkhead and dredged. And it particularly ~nvolves the following: construction 139 ft. of new timber bulkhead. This 139 ft. of timber bulkhead will include a 14 ft. section, a 105 ft. intermediate section and a 20 ft. return. The 14 ft. section extends from ~he end of the travel lift pier to a-point of intersection with the 105 ft. intermediate section which runs along ~he shoreline. Thet ~ point of vhe intersection of the 14 ft. section with the 105 ft. section is located 64 ft. from the travel lift rail closest to the project area. The point of intersection of the 105 ft. intermediate secmion with the 20 ft. return is located 97 ft. from the light pole and/or edge of the opposite bank. They also intend to dredge 60 cubic yards in a 12 ft. average depth in a 119 ft. area to a depth of 1.5 average depth below mean low wa~er. This project is located at New Suffolk Road, New Suffolk. Response date to the D.E.C. is April 8, 1§83. COUNCILMAN MURPHY: 6. Complete Application of Daniel Shelley to the N.Y.S.-D.E.C., Main Road, Cutchogue for a Tidal Wetlands Permit located in Southold Town-to subdivide 3.872 acres into two building parcels (Lot #1 with ah area of 1.766 acres and Lot #2 with an area of 2.106 acres. The project is located at end of Digmans Road, MARCH 22, 1983 5 Long Island Sound,.:~tcho~;~4~T~;~f~Southold, Suffolk County. Comments to N.Y.S.-D.E.C. by April 8th ko Dan Larkin. Again this is posted on the Town Clerk's Bulletin Board. SUPERVISOR PELL: Thank you. The only other one I would like to add is on March 24th, 7:00 P.M., our County Executive will be in the Town Hall with his staff to listen to the residents of Southold Town with anything they might wish to discuss with him at that time. It's Thursday, 7;00 P.M. -right here. If you have any problems with the County come out and meet the County Executive Peter Fox Cohalan. III. COMMUNICATIONS SUPERVISOR FELL: 1. A letter from Legislator Gregory Blass informing us that the Suffolk County meeting is being held with the Public Health Committee. One meeting was held on March 15th, one on April 5th and one on April 19th. They are at 9:30 A.M. in Hauppauge if anybody wishes to attend. 2.(a) From the Department of State Senior Attorney Kevin Crawford in reference to the moratorium that has been proposed. 2.(b) From Lee E. Koppelman, Long Island Regional Planning Board in reference to the moratorium. 3. From our Chief of Police recommending to the Town Board that we put restrictive parking in New Suffolk on First Street and Second Street between the hours of 6 A.M. and 6 P.M., effective April through September. There seems to be a problem there every year in areas where the fishermen use the boat ramp and park the trailers all over the area. The Board will hold a public hearing on this and a resolution is on the agenda for that. 4. From Town of Huntington asking us to review the proposed Suffolk County Tax Act revisions. The Suffolk County Tax Act basically is to go into a four collection payment. Instead of paying your taxes twice a year like you do now, it will be fOur times a year. We had a hearing out here. It was held and they did hold them up in Hauppauge and in Riverhead. They did make revisions. We have not seen a copy of the revisions yet so we're not ready to respond to it. 5. From the Greenport-Southold Chamber of Commerce congratulating Councilman Murphy and Townsend from the Commerce and Industry Committee for the work they have done in getting the improved ferry boat service from New London to Orient Point, as well as congratulating the whole Town Board, I hope. 6. From the Mattituck Chamber of Commerce saying they are willing to help and pledge full cooperation in the development of the Town Master Plan. 7. From the County Committee on celebrating the 300 year old county that we l~ve in and asks us to supply a list of names of people we would like to have considered to help ring the bell in the County Seat 300 times on November 1st. This will be turned over to Mrs. Goodrich who will respond to it perhaps with a list of names. COUNCILMAN TOWNSEND: Bill, on Number 5, the thank-you note. Frank and I were both on the Governor's Advisory Commission to study Cross Sound Ferry service and I think we both put mn a fair amount of time and effort in writing our opinmons and taking time ~o go to the meetings and so forth. However, as far as my efforts resulting in any improvement of ferry service in terms of what happened in Cross Sound, I can'~ accep~ any of the thanks for that. Frank may well have had something ro do with it, but I certainly did not have anything to do with the Cross Sound Ferry acqumring that boat and I don't think the work of the Governor's Commission helped them in acquisition of that proper~y, but as I say, Frank seemed to be more involved in it towards the end than -I was so I don't know what his contribution was. SUPERVISOR PELL: Francis, comment? COUNCILMAN MURPHY: No, we've been negotiating for two years with them to improve their service. We finally got it I'm happy to say. MARCH 22,'1983 IV. HEARINGS Moved by Supervisor Pell, seconded by Councilman Nickles, it was RESOLVED that a recess be called at this time, 3:30 P.M., for the purpose of holding four public hearings on wetland applications: 3:30 P.M. - Fritz C. Kohn; 3:35 P.M. - John Geideman for Robert and Patricia Troxel; 3:40 P.M. Enconsultants, Inc. for John Bubany; 3:45 P.M. - Enconsultants~ Inc. for Chester Koloski. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy~ Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Meeting reconvened at 3:50 P.M. V. RESOLUTIONS SUPERVISOR PELL: Resolution No. 1 we discussed at length today with the people from the Captain Kidd area, the president of their association, Mrs. Tsounis was in with another gentleman and we are not ready to take any action at this time on Resolution Ho. 1. 2. Moved by Councilman Townsend, seconded by Councilman Murdock, WHEREAS, the current system of binding arbitration was enacted by the State Legislature in 1977 and has been extended for two iyear periods in both 1979 and 1981, and WHEREAS, those provisions of the State Civil Service Law rel'ating to binding arbitration will expire on June 30, 1983 without further action:by the State Legislature, and WHEREAS, this local government finds that while the Taylor Law provides an orderly and reasonable method for labor relations between local government and its employees, the subsequent ~mend- ments relating to binding arbitration have not been in the public interest, and WHEREAS, binding arbitrati6n specifically has eroded the govern- mental powers of local governments in collective bar.gaini~g by removal of the f~nal decision from government officials in favor of-a panel not accountable to the public, and WHEREAS, said lack of accountability is not conducive to fiscally responsible government which-is demanded by the taxpayer during this time of finite governmental resources, and WHEREAS~ as a result~ binding arbitration has resulted in larger local budgets and higher taxes, and WHEREAS, this local government ~inds that the return of greater local control to The collective bargaining precess would result in a fairer labor negotiations process-and greater fiscal responsibility, therefore~ be it RESOLVED that the Town Board of the Town of Southeld hereby opposes the extension or continuation of binding arbitration in any ~form. Vote of the Town Board: Ayes: Justice Edwards, Ceuncilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nicktes, Supervisor Pell. This resolution was declared duly~ ADOPTED. 3. Moved by Councilman Murdock, seconded by Councilman Nickles, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State Envirenmeatal 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 s~gnificant e~f~ct on ~he environment. ~ Description of Action: Application of Richard J. Cron for ~ Ch'ange I of Zone from "A" Residential and Agricultural District to ,,M,, Light Ii i Multiple Residence Dislrict on certain property located on the north side of School House Road~ Cutchogue~ New Yerk. 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 ~here has been no response in the allotted time from the New York Sta~e Department of Environmental Conservation, it is assumed that there is no objection nor comments by that agency. Vote of zhe Town Board: Ayes: Justice Edwards~ Councilman Townsend~ Councilman Mu2phy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. MARCH 22, 1983 SUPERVISOR PELL: Number 4, Councilman Murdock. COUNCILMAN MURDOCK: We had a discussion about Number 4, which is the granting of the Cron application. At the presenv time three of the Board members wish to research it a little further and have agreed that they would enter into a decision in two weeks, be it pro or con. So we will not act Resolution No. 4, but it wil! be placed on the agenda in two weeks. SUPERVISOR PELL: Resolution No. 5 is a wait. Mr. Dean wen~ home sick this morning from the Town Board meeting. We did not discuss it with him so therefore we will wait until he comes back. (Award bid for a dump truck.) 6. Moved by Councilman Nickles, seconded by Justice Edwards, it was RESOLVED that the Southold Town Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Joseph Marrapodi for a Wetland Permit on certain property located at Eugene Creek, ay 4115 Stillwater Avenue, Cutchogue, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdbck, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 7. Moved by Justice Edwards, seconded by Councilman Nickles, it was RESOLVED that Supervisor William R. Pell, III be and he hereby is granted permission to pay all Long Island Lighting Company bills for the Town of Southold electric charges, upon submission by LILCO, prior to a full audit by ~he Town Board. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell~ ~ ..... This resolution was declared duly ADOPTED. 8. Moved by Councilman Nickles, seconded by Councilma~ Murdock, it was RESOLVED that the application of Sophie T. Saunders~ dated April 7, 1983, fqr renewal of a single family house ~railer permit for trailer located at the north side of Mai~ ~-~d~ ~1, New York, be and hereby is granted for a six (6) month period. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend,. Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 9. Moved by Councilman Townsend, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk ~o seek proposals for cleaning services required by the Town for the uniforms of the members of the Southold Town Police Department. 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. Moved by Councilman Murphy, seconded by Councilman Murdock, WHEREAS, Edward Curven has given leadership, assistance and direction in establishing the Southold Town Juvenile Aid Bureau, and WHEREAS, he has demonstrated a spirit of cooperation with fellow juvenile aid units, and WHEREAS, he has advised and worked in the best interest of the youth in the community, now, therefore, be it RESOLVED that the Sou~hold Town Board does hereby express our sincere thanks and appreciation to Detective Edward Curven of th~ Riverhead Juvenile Aid Bureau for making our communities a better place to live. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 11. Moved by Justice Edwards, seconded by Councilman Nickles, WHEREAS, the Board o£ Commissioners of the Fishers Island Ferry District wish to have legislation introduced in the New York State Legislature t~ amend certain sections of the Act which 8 MARCH 22, 1983 created the Fishers Island Ferry Distrmct, ana WHEREAS, the Town Board of the Town of Southold approves of said amendments to the Act which created the Fishers Island Ferry District, now, therefore, be it RESOLVED that the Town Board of the Town of-Southold hereby recommends for enactment by the New York State Senate and New York State Assembly, the following proposed legislation: AN ACT to amend chapter six hundred ninety-nine of the laws of nineteen hundred forty-seven, entitled "An Act authorizing the acquisition, con- struction, equipment and operation of a public ferry for hire from Fishers Island across waters of Long Island sound; authorizing the creation of Fishers Island ferry, district in the Town of Southold, Suffolk county and providing for the election of its officers and management of its affairs; authorizing the collection of ferriage charges; authorizing the issuance and sale of obligations of said town and providing for their payment; authorizing the levy and collection of taxes; and providing for other r~lated matters," in relation to the aggregate principal amount which may be borrowed for the acquisition of ferry vessels; increasing amount of the petty cash fund, and authorizing the establishment of capital reserve funds. The People of the State of New York, represented in Senate and Assembly do enact as follows: Section 1. Section 4 of chapter six hundred ninety-nine of the laws of nineteen hundred forty-seven,-as last amended by chapter seven hundred forty-two of the laws of nineteen hundred seventy-six is hereby amended to read as follows: §4. The cost of acquisition, qonstruction and equipment of the ferry, including lands and rights or easements in lands, shall be paid from taxes levied for the fiscal year in which such expenditure is made; from surplus funds or from the proceeds of town obligations to be issued and sold in the manner provided by the local finance law. The town board of the town Of Southold may borrow the amount needed for such purposes and issue town obligations therefor in an aggrega!e principal amount not exceeding five hundred thousand dollar's. Upon the adoption of a resolution by the town board, subject to a permissive referendum by the o~ners of taxable real property situate within the ferry district as shown by the latest completed assessment roll of said town, such aggregate principal amount which the town board may borrow and for which obligations may be issued may be increased to any amount up t_o but not exceeding the sum of [sev-en] nine hundred fifty thousand dollars. Section 2. Section 6 of said law is hereby amended to read as follows: '~6. All moneys received from ferriage charges shall be deposited daily in banks or trust companies in the state of New York and the state of Con- necticut to be designated by the supervisor of the town of Southotd and to MARCH 22, 1983 the credit of such supervisor,. 'T,h~'~gii~i~els'or' shall~'execute and file with the town clerk additional security for the safekeeping and la~vful application of such moneys in such amount and with such sureties as the town board shall approve. The expense incurred in connection with any such undertakLng shall be a charge against the district, The ferry commissioners shall on or before the tenth day of each month, file with the town clerk of the town a report of their activities during the preceding month in such detail as the town board shall require. Each such report shall contain a statement show- lng the amount of ferriage chang'es collected and all obligations of the dis- trict unpaid at the time of filing the report. All claims against the district shall be audited monthly by the town board and paid by the supervisor from moneys remaining to his credit and belonging to the ferry district. Out of such moneys the town board may establish a revolving petty cash fund for the use of the board of commissioners. Such fund shall be in such amount as the town board may deem necessary but shall not at any time exceed the sum of [five] fifteen hundred dollars and shall continue in existence from year to year until abolished. Such petty cash fund shall be placed in an account in the name of the com, missionerxand shall be under the control of the manager and expenditures therefrom shall be made only for payment in advance of audit of properly itemized and certified or verified bills for materials, sup- plies and services other than employment, provided, however, that expend- itur~:s not in excess-of ten dol]ars at any one time may be made for cash purchases of necessary materials or supplies. A statement or' expenditur, es from such petty cash fund and bheir purposes together with the bills or vouchers therefor shall be a part of the monthly report to the town board. Upon audit by the town board such petty cash fund shall be reimbursed in the amount of the expenditures allowed. In the event that any such hills or expenditures are disallowed the manager shall be personally iiable therefor. Section 3. Said law is hereby amended by adding a new section thereto, to be Section 15 ~o read as follows: §15. 1. The town board of-the town of Southold cn behalf of the district, may establish one or more reserve funds for the financing of ail or part of the cost of a "specific Object or purpose" or a "class of objects or purposes", as such terms- are defined in section 2.00 of the local finance 9 iD MARCH 22, 1983 law. which may be constructed, reconstructed, acquired or nrovided by or on behalf of such district. The authorization of the establishment of such a fund shall be subject to a permissive referendum in the district and shall set forth the estimated maximum cost of any such soecific object or purpose or class thereof. 2. There may be paid into such fund such an amount as may be provided therefor by budgetary appropriation or such district revenues as are not required by law to be paid into any other fund or account. Any amount to be assessed, levied and collected in the district to provide money for such a [und shall be as'sessed, levied and collected in the same manner and at the same time as the amount to provide for the costs of operation and 12. maintenance of such- district. .3 An expenditure may be made from such a reserve fund onl? by an xu:_-.crlz~.:"~n of --.he ~.o,a:n o~,ar,, aha o~Jv for ~ s~eo~'~e o~ecr or purpose or class rher,?of, the cos: of which may, be financed therefrom. The town board may. authorize the transfer to the credit of a reserve fund created pursuant to this section for the district, any unexpended I balance remaining in another reserve fund created for the district. If the object or purpose or class thereof for which the latter' fund was established has been complete, d, acouired or provided, a sum sufficient to satisfy ali outstanding claims arisin~ from such eom~le{irJn, a6quisitlon or provision shall be retained in such fund and not transferred. Section 3. This act shall take effect immediately. Vote of the Town Board: Ayes: Justice Edwards, Townsend, Councilman Murphy, Councilman Murdock, Nickles, Supervisor Pell. This resolution was declared .dU~y. ADOPTED. Councilman Councilman JUSTICE EDWARDS: An explanation of the foregoing resolution is to increase the bonding limit to $950,000 from $500,000; to increase the ceiling of the petty cash fund to $500 and als° by establishing a capital reserve fund for a specific purpose of improving the district, namely for the purchase and price of new ferry boats. Those are the three things that the resolution is for. Moved by Councilman Murdock, seconded by Councilman Nickles, it was RESOLVED that the Town Clerk.be and she hereby is-authorized and directed zo advertise for bids for one new 1¢83 Dodge Van% (or equal), for the Southold Town Nutrition Prbgram~ with the trade-in of one 1974 Ford Van. Bid opening: 10:O0 A.M., April 7, 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. MARCH 22, 1983 13. Moved by Councilman Murphy~,Se~e~ by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission To Juvenile Officer Edward Sidor to at~end Advanced Juvenile Officer Training Seminar at Syracuse, New York 'on May 9, 10, 11, 12, 13, 1983 (room and board will be furnished by the Bureau for Municipal Police), and travel to and from Syracuse, New York by means of the unmarked police vehicle assigned to the juvenile officer. An allowance in an amount not to exceed $100.00 shall be approved for necessary travel expenses. Vote of the Town Board: Ayes~ Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 14. Moved by 'Justice Edwards, seconded by Councilman Nickles, it was RESOLVED that the application of Martin Sidor. dated March 23, 1983~ for renewal of a single family house trailer permit for trailer located at south side of Oregon Road, Cutchogue, New York, be and hereby is granted for a period of six (6) 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. 15. M red by Councilman Townsend, seconded by Justice Edwards, it was RESOLVED that the Southold Town Board declare itself lead agency in regard to t~e State Environmental Quality Review Act in the matter of the application of John J. Farrell for a Wetland Permit on certain property located at 1000 Beachwood Lane, on ~oose Creek, Southold~ New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 16. Moved by Councilman Murdock, seconded by Councilman Nickles, it was RESOLVED that the Southold Town Board declare itself lea~ agency in regard to the State Environmental Quality Review Act in the matter of the application of John Geideman on behalf of New Suffolk Shipyard for a Wetland Permi~ on certain property located at School- house Creek, off east side of New Suffolk Avenue, New Suffolk, New ¥ork~ 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 Murphy, seconded by Councilman Nickles, WHEREAS, the Town of Southold has requested the County of Suffolk to dredge a navigation channel at Brushes Creek, Town of Southold, and WHEREAS, the County of Suffolk proposes to do said dredging at Brushes 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 ~HEREAS~ this approval shall remain in e£fect for the period of the required permits (Expiration Date: June 1985), now~ therefore, be it RESOLVED that the Supervisor be and he hereby is authorized to execute, on behalf of the Town of Southold~ all necessary p~ans and specifications~ spoil area agreements~ assurances to the County of Suffolk, license and/or dredging permit applications to the Federal and State Agencies and all o~her 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. SUPERVISOR PELL: Numbers 18 (a), (b~, and (c) were introduced today. I went home at quarter to five last night and I was informed that at £ive o'clock (b) and (c) was put on my desk; (a) was handed out this morning. The Town Board did discuss them today and I think we'r~ reaty to ~ove-on them ia such-shor~ ~ notice. MARCH 22, 1983 18. Moved by Councilman Nickles, seconded by Councilman Murdock, (a) WHEREAS, the Town of Southold is comprised of large areas of agricultural lands, scenic open space, parks, beaches, and a limited population density, ali of which have resulted in a rural quality of life for its residents, and has fostered ~ourism, and WHEREAS, recent studies of ground water quality have indicated that the sole source of freshwater aquifer is being adversely affected by chemical pollutants, and salt water intrusion, and WHEREAS, the firm of Raymond, Parish, Pine and Weiner is presently engaged in an update of the Town's comprehensive plan, and has advised the Town Planning Board that, based upon its studies to date, the preservation of the rural character of the Town, and the preservation and protection of the Town's freshwater aquifer can best be accomplished by increasing the minimum lot size in the "A" Residential and Agricultural District from 40,000 sq. f~. to 80,000 sq. ft., and WHEREAS, a Local Law, entitled "A Local Law to Amend the Bulk and Parking Schedule of the Zoning Code of the Town of Southold." has been presented to the Town Board at this meeting, NOW, THEREFORE, IT IS RESOLVED That the Town Clerk be and she here- by is directed to transmit a copy of this Local Law, together with a copy of this resolution, t~ the Southold Town Planning Board pursuan~ To the provisions of Section 100-150 of the Town Zoning Code, and further that the Town Clerk transmit a copy of said Local Law and this resolution to the Suffolk County Planning Commission pursuan~ to the provisions of Article XIII of the Suffolk C~unty Charter. LOCAL LAW NO. -1~83 A Local Law to amend the _Bulk and Park- ing Schedule of the Zoning Code of the Town of Southold BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 100 of the Code of the Town of Southold (Zoning) is hereby amended as ~ follows ~ Section 1. The ;"Bulk and Parking Schedule" applicable ~o. the A Residential and Agricultural Districts is amended to read as followa, to wit: BULK AND PARKING SCIIEDULE A Residence District Minimum Re quire me nts Total lot area (sq. ft.) Lot width (fro) Lot depth (ft.) Front yard (ft.) One side yard (ft.) Both side yards (ft.) Rear yard (ft.) Livable floor area (sq. ft.) per dwelling unit Off-street parking spaces per dwelling unit Single - Two- Family Family Dwelling Dwe 1.ling 80, 000 160/000 200 270 400 400 50 50 30 30 50 50 - 75 75 850 850 2 3 Maximum Pe rmitte d Lot coverage (percent) 20 2O MARCH 22, 1983 Building height: Number of stories Feet 2-1/2 35 2-1/2 35 §2. This Local Law shall take effect immediately. COUNCILMAN MURPHY: I'd like to make a comment before the vote. Again, I think we are not letting the firm that we are spending $75,000 to do an update o± the Master Plan an~ ao a stuay ~cr ~out~ola Town--we are pre-emptmng t~em ana guessing what their decisions are gomng to me ana I think Tams ms entmreiy wrong. I think in certain parts of Southold Town we're going to need much more than two acre zoning. We might have to go to five acre zoning, but certainly at this time to change alt of our residential area to two acre and then go to four acre for a two-family house I think we are excluding all of the young people and old people who cannot afford these large plots, they can't afford to even take care of them and maintain them. I think this is entirely wrong and I certainly disagree with this concept of not letting our master planner do the job that we hired him to do. That's it. COUNCILMAN NICKLES: I would like to add further that the master planner will have his opportunity to do his work and to proceed carefully and deliberately with the planning process which should be only proceeded on that basis and that I think this is a positive action in light of the situation in the Town of Southotd as to increasing development and to maintaining that quality of life that we feel is important here. I think it is time that the Town Board has acted. We've been critized many times in the last year for not acting and I think it is time that we took a positive approach. Of course this only leads to a public hearing where the people will have input and I would say that certainly two acres is not exclusionary and I think one of the Town Board members had indicated earlier in this year that there are well over 5,000 lots in our inventory of buildable lots in the Town of Southold,. So I don't see it having any vast impact on lot values in the immediate near future. SUPERVISOR PELL: Forty-seven hundred, John. COUNCILMAN NICKLES: Three hundred and you're going to make a liar out of me? COUNCILMAN TOWNSEND: Just a commenT. I don'z see where this particular resolution will have any affect on the process of planning--the master plan study that is going on. Right now we have one acre zoning and the master plan study is going to make various changes to that zoning. We know there is a need for more restrictive zoning. Weknow there is a need now for more restrictive zoning. We've been looking for a way of doing that that will incur minimum suits_or at least bring the Town Board to some sort of agreement. I think th~ fact that we impose two acre zoning is not going to affect the process of planning at all, it is going to take away a little of the urgency from the process. That's my opinion and that's why I'm planning to vote for it. SUPERVISOR PELL: This was given zo us today, this morning. John, one thing I'd like to ask you, did you give consideration--and we didn't have time before the meeting-because we were running late as many people know--did you give consideration to havin~ this expire when the Master Plan is done and updated so we could go into what the Master Plan would reqommend? COUNCILMAN NICKLES: As with any zoning, whatever is on the books is subject to the Town Boar~'s perusal when and if they have a Master Plan update, and it's not the purpose to make this any type of short term zoning amendment. MARCH 22, 1983 SUPERVISOR PELL; You're objecting to tying this in to ~he completion of the Master Plan then? COUNCILMAN NI~KLES~ Yes. We feel we need it now and that's why we're asking for it now. COUNCILMAN TOWNSEND~ But if the Master Plan comes up with recommendations it doesn't mean that we can't change this. COUNCILMAN NICKLES~ That's correct. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murdock, Councilman Nickles, Superviso~ Pell. No~ Councilman Murphy. This resolution was declared duly ADOPTED. SUPERVISOR PELL~ For information sake, all we're doing now, we are sending this to the Planning Board--County and Town Planning Boards for their review. After it comes back from them if we so desire we will set a hearing date for a public hearing after we hear what they have to say. Amended 4/5/88 Resolution #20 18. Moved by Councilman Murdock, seconded by Councilman Murphy, (b) WHEREAS, 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 regained the services of ERM-Northeast to conduct a study of water supply options for the North Fork. On February 25, 1983, ERM prepared a final draft report entitled, "North Fork Water Supply, Executive Summar!y and Recommendations," and WHEREAS, the total available groundwater supply is limited, and WHEREAS, in the Town of Southold, a very delicate balance exists between fresh wa~er lenses, salt water intrusion~ chemical contamination and water requirements, and WHEREAS, over-pumpage or improper well location causes lateral and vertical saltwater intrusion, and WHEREAS, because the aquifers are shallow, they are extremely susceptible to chemical contamination and have a limited dil~tion or assimilative capacity, and WHEREAS~ the above conditions require that groundwater resources be'properly managed and protected in order to provide ~he neeessary water supply requirements, and WHEREAS, it is the purpos~ of the Southold Town Board to address these findings and recommendations, now, therefore~ be it RESOLVED that a Water Advisory Committee be formed consisting of five members ~o work with the final North Fork Water Supply report, in conjunction with the Suffolk County Board of Health, to evaluate the alternatives presented in the report, and make recommendations to the Town Board by September 6, 1983, and interim reperts that may be requested by the Town Board, and be it further RESOLVED that public notice be given that such resumes be submitted to the Town Board by April 30, 1983 and the Town Board shall appoint members to such Water Advisory Committee as soon ~hereafter as practical. Vote of the Town Board~ Ayes~ Jus'tice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pelt. This resolution was declared duly ADOPTED. SUPERVISOR PELL: I want to comment on zhis one. Talk about time, Ruth when was the first time this was brought up, a year ago? MRS. RUTH OLIVA: November 23, 1982. Four or five months ago. SUPERVISOR PELL: Five months. I'm glad to see ~he Board, including Billy Pell, has finally seen the light to move ahead on your recommendation. It was a good one five months ago. Today the Board adopted it. You are to be congrazulated for seeing ~he light perhaps a little bit he£ore we did. Good resolution. Ruth, to me this is your resolution. ~e presenz it, but it is one that you worked on since November 22nd trying to get ~he Board to do it. Perhaps you saw th~ light-before s_ome of the Board members did. Thank you. 18. Moved by Councilman Nickles, seconded by Councilman Murdock, (c) WHEREAS, there is an immimenz_threa~ of loss ~f_a~icul~ura} MARCH 22, 1983 lands in the Town of Southold due to economic necessities and factors in the market place, and WHEREAS, the Suffolk County Farmland Preservation Program has proven to be a successful tool for the preservation of agricultural lands, and WItEREAS, the County Farmland Preservation Program has limitations due to the size of Suffolk County and the County's fiscal con- straints, and WHEREAS, the Southold Town Board believes that a Southold Town Farmland Preservation Program can work both in concert with the Suffolk County Farmland Preservation Program, complimenting one another and also independently of the County Farmland Preservation Program when expeditious action is required, and WHEREAS, the Southold Town Board recognizes that a local agric~ cultural/resort/tourism economy is dependent to a large degree on the preservation of farmland and the rural character of our Town, now, therefore, be it RESOLVED that a five (5) member Southold Town Farmland Preservation Committee be formed to do the £ottowlng: 1. Phrase a question to be placed on the ballot at the next general election to ask the registered voters of the Town of Southold To approve a bond proposition for the purposes of purchas- ing the development rights from ~he owners of agricultural land within the Town of Southold. 2. Develop guidelines for the implementation of a Farmland Preservation Program. 3. This Committee is to work under the direction of the 'Southold Town Planning Board. 4. The Southold Town Planning Board shall report the find- ings and recommendations of the Southold Town Farmland Preservation Committee to the Town Board by September 6, 1983, and such other interim reports that may be requested by the T wn Board, and be it further RESOLVED that the public be notified that resumes shall be submitted to the Southold Town Board by April 30~ 1983, and that the Town Board shall appoint members to said Committee for one (1) year terms as soon thereafter as practical. SUPERVISOR PELL: Any comments by anybody? Joseph L. Townsend-- COUNCILMAN TOWNSEND~ I'm going to withhold my comments until~ after this. It refers all these - 18(a), (b) and (c). COUNCILMAN MURDOCK: Me also, Bill. SUPERVISOR PELL: So it won't affect the vote of it? COUNCILMAN TOWNSEND: Won't affect the vote of this, no. SUPERVISOR PELL: Any other comments? I have one comment to make. As I told the Town Board I saw this this morning for the first time. I asked Councilman Nickles if he would delay the vote on thi~ for two weeks to give me a chance to contact two other towns which have done things like this, East Hampton and Southampton, to see if they could go over his prepared resolution to see if they could recommend any pitfalls that m~ght be in here. I agree with John a hundred percent on this, but he said he wanted to move it today and I told him fine, I would vote for it today, but I also reserve the right to recommend to the Board to amend it in two weeks after I get a chance to talk to the Two towns. I would like to profit by their experience. They have done this in their towns, it has been very useful tool for managemen~ of their open space and it can apply to Southold Town but I just want to--John--reserve the right for two weeks to come back and amend.this after I talk to-the towns that have been through this. I think~it is a superb idea. Joe brought it up two or three months ago, something--basically not this, but suggested getting a trust going on farmland. I ~hink John has done a good job to prep~are it. COUNCILMAN NICKLES: Bill, I-appreciate your comments and this is ~ne of the reasons why you and I always, work so well together, because we have great communication, and I un.derstand fully what you're saying, but in no way does this resolution, as I explained to you in the Work Session, going To allo~ us into any pitfalls. I envision this Committee, when they get verbal instruction from the Town Board that they're going to take advantage of the Suffolk County Farmland Program where primarily most of the work has ~een ~one. ~hey -- ~ MARCH 22, 1983 certainly know the pitfalls from operating it and I'm sure they're going to consult with East HampTon and ~Southamp~on to get their recommendations and regulations and guidelines as how they proceeded. This is just a way to get the Committee started, get it formed and we can get it on ~he road, because as we all know this year has been a bad year for agriculture and we want To be able to respond quickly to problems ~here farmers may not be able To participate in the Phase Ii program of the County which is winding down~ and as I said in the resolution~ the County program has been success- ful but it isn't always able'to respond quickly because of all the layers of government in the County. I think the Towns if we get our own program and the voters approve of such, will be able to react much more responsibly To changes in the agricultural situation in the Town. Vote of the Town Board~ Ayes~ Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: Comments? COUNCILMAN ~RDOCK~ If those of us in the audience and our Town records will show, Councilman Nickles at the last Town Board meeting becried the~-he said that somebody should come up with an imaginative program. Realistically"somebody"has to be a member of the Town Board. I have been a proponent fro~ the start that the proper way to handle Town problems relative to land is zoning and we should move on a zoning change. The Board was reluctan~ to take that ty~e of an action or consider that type of an action. We haven't taken that action, we're going to consider it. We have belabored under criticism from people that we refuse to ac~. I have ~ persOnal problem with a moratorium ~n that it's a bandaid and ~emporary approach and really is not a solution. I would, as I did, go a~ong w~th Councilman Townsend on the area that I p&rceived to have the most extreme need in terms of water. This program now we are addressing all three major factors in The Town That are affected. We are endeavoring to keep some o~e~ space for farmland preservation program, we are endeavoring to put in effect a program involving water and at the same time we're addressing the problems- that we perceive will affect this Town by a change in zoning. I'm very glad. John approached me about it about a week or ten days ago when I stopped running around in circles and Jchn was able to contact me. Councilman Nicktes did a lot of work backgrounding and preparing these resolutions and I for one amd very grateful the work was done and I really perceive that this is ~he way the Town should go forward is on a united and concerted method approaching more ~han one factor and not sitting back and saying~ don't do anything~ which is in my opinion what a moratorium is, is just the restrict±on of al~ activity and letting somebody else make the decisions f~r you until after the moratorium is over. Thank you. SUPERVISOR PELL~ What moratorium, Larry? COUNCILMAN MURDOCK: The moratorium that we don't have. SUPERVISOR PELL~ I thought we had one the way you were speaking. Councilman Townsend? COUNCILMAN TOWNSEND: I'd just like to add--I ~retty much agree with what Larry said--I'd just like to add a couple of things. think, without trying ~o sound like the Academy Award ceremony where everybody gets credit for everything, I'd like to--- SUPERVISOR PELL~ Ruth gets all ~he credit today. COUNCILMAN TOWNSEND~ I'd like To give credit to-John in this instance because even though the ideas have been kicked around and mentioned before~ John really did a lot of research in ~he last week, I gather. He talked to me-on Sunday and presented ~the proposal in some detail and it's ~ very interestin~ proposal and it solves a lot of problems that.neither moratorium does and I think at often times John gets accused of-being t~e non- environmentalist on the Board~ To be frank, and I know that I've been quoted as saying ~hat he was opposed to moratoriums because he's a real estate dealer, which has never been the case. I've never doubted his sincere in-te~es~ i~ the-~reser~tion ~f th~ MARCH 22, 1983 ~'' ~'~'" .....~ ~7~ Town's environment. So, I'd like to give a little credit where credit is due in this instance, because he's done a lot of work on this, just as Frank has done a lot of work in the past on the landfill and Larry has done a lot of work on the landfill, I think it's in this instance, without trying to deflect too much of the praise, I'd like to give John some credit, because he's worked awfully hard to present these three things. That's my point. SUPERVISOR PELL: Any other comments? away from Ruth. You're not nice today. The credit on that one. You're taking the credit Ruth, I still give you COUNCILMAN NICKLES: Joe, thank you for your kind comments. I'm sure that todays work is a product of many people and many conver- sations and a lot of dialogue and why don't we finish our meeting because I see there are people out here who obvio~sIy want to speak to the Town Board. SUPERVISOR PELL: Yes, Joe, and you were privileged to hear it on Sunday, I heard it today for the first time. I wasn't that privileged. Any Councilmen have anything else they wish to bring up? COUNCILMAN NICKLES: We have a few more resolutions. 19. Moved by Councilman Murphy, seconded by Councilman Murdock, WHEREAS, the New York State Department of Transportation has discontinued State maintenance on a portion of Riverhead- Mattituck, Parts 1 and 3, State Highway No. 8181 in Laurel to the Town of Southold, and WHEREAS, the residents on that portion of discontinued State Highway No. 8181, now commonly known as Old Main~Road, wish to name this portion of highw.ay "Franklinville Road", now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby names the discontinued portion of Riverhead-Mattituck, Parts 1 and 3, State Highway No. 8181 at Laur_el - Franklinville Road. 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 MURPHY: This goes back to July 21st 1981. The road was just turned over. It was abandoned by the State when they straightened out that bad curve in Laurel. They never abandoned it until just the other day. So now the Town maintains that road and we can call it what we want. 20. Moved by Supervisor Pell, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southotd will hold a public hearing at the Southold Town Hall, Main Road, Southold, New York, at 3:30 P.M.; T esday, April 19, 1983, at which time and place all interested persons will be given an opportunity to be heard upon the following matter: "A Local Law to Amend the Southold Town Vehicle and Traffic Code in Relation to Parking of Vehicles", which reads as follows: ~OCAL LAW NO. -1~83 A Local Law ~o Amend the Southold Town Vehicle and Traffic Code in Relation to Parking of Vehicles. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Section 92-42 of the Code of the Town of_Southold (Parking during certain hours) is amended by adding the following thereto: Name of Street Side First Street Both Second Street Both Between the Hours 6 A.M. and 6 P.M. from April 15th to September 15th, both dates inclusive. 6 A.M. and 6-P.M. from April 15th to September i5th, both dates inclusive. Location Ia New Suffolk from the guardrail az the Southerly terminus Northerly for a distance of 200 feet. In New Suffolk from the guardrail at the Southerly terminus Northerly for a distance of 200 fee~. 18 MARCH 22, 1983 21. S2. This Local Law shall Take effect immediately. 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 Supervisor Poll, seconded by Councilman Townsend, ~t 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 19th day of ~pril, 1983 at 7:30 P.M., at which :time and place all interested persons will be given an opportunitly to be heard upon the following ma~er: "A Local Law To provide for a Moratorium on Applications £or Subdivision Pta~' Approval",! (East Marion and Orient), which reads as follows: L©CAL LAW NO-. ,1983 A Local L~w~to provfde for a Moratorium on Applications for Subdivision Plat Approval BE IT ENACTED by the Town Board of the Town of Southold as follo~vs: Chapter 100 of the Code of the Town of Southold is hereb)~ a_nended by adding a new Article thereto, to be Article XVI, to read as loll )ws: ARTICLE XVI MORATORIUM §100-160 Findings 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 the serwces of ERR't- Northeast to conduct a study of water supply options for the North Fork. On December 16, 1982, ERM prepared a draft report entilled "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 water requirements. (c) That over-pumpage or improper well location causes lateral and vertical saltwater intrusion. (d) That because the acquifers are shallow, they are extremely susceptible to chemical contamination and-have a limited dilution or assimilative capacity. (e) That although fresh groundwater is:available to satisfy the needs of the overall North Fork area, critical water supply conditions exist in Zone 5 (Orient). MARCH 22, 1983 (f) That in the ©rienf~-~~;~6-~":%H~ projected wa~er consumptive use by the year_20OO ~Z. exceed the permissive sustained yield in such zone. (g) That the above conditions require ihat groundwater r~sources be properly managed and protected in order to Drovide the necessary water supply requirements. 2. That in the past two y~rs there has been a sharp increase in the ~fecting ~bst~i~l kcreage,' number of apph~ations~filed with the PIa~ Board for major subdivisi~n plat approval involving land in the East Mar[on and Orient areas of ~e areas in which the ~oundwater supply is ex~emely limited. 3. That the Town of Southold has retained the firm o~ Raymond, Parish, Pine &Weiner, Inc. to conduct such studies as it deems necessary to update the ~own's 1967 blaster Plan to provide for the future deve!opmen~ of the to~. 4. That such firm is presently in the process of collecting data, ~nctuding the review of existing waler studies lo determine the town's development capacity based upon the available supply of potable water. 5. That the town board believes that, based upon the findings and recommendaiions of the s~d ERA~ report, thai the planing firm may recommend that the existing zon~g code ~d.zoning map be amended to increase the size of lots ~ the Easl M~ion and O~ient areas of the to%~. in order to prevent a shortage of potable waler in such areas. 6. That the town board is concerned that the present l~d use re~lalions in the East ~arion and Orient areas may be inconsislan/ with the land use and lot size regulations which may be recommended by said planning f~m .... . . _ _ ~ ~ _ ~100-161 ~rpose tt is therefor the purpose of ~is Article to impose a moratorium on the filing of new applications for ~ajor subdivision plat approval in the East ~arion and Orient areas of the town to allo~ the ~lanning firm and to~ officials a reasonable period of time.to study, prepare and adopt reasonable measures to preserve and prptec/ the I~mited wate~ resources of the town in such areas, an-d to prevent a race of diligence of l~d owners to develop l~d under the existing zoning re.la/ions during the town's MARCH 22, 1983 consideration of such measures, which may result in the establishment of land development which would be inconsistent with such measures and defeat their intent and purpose._~ ~100-162 Subdivision Flat ~kppllca~lons. Notwithstanding the provisions of Article 16 of the Town Law, and the provisions of Article Al06 of The SoutholdTo~vn Code, during thc period of time that this Article shall be in effect, the Southold Town Planning Board shall not accept or take any action on any application for the approval of any major subdivision plat, which has not received sketch plan approval on or before FebI, mT7 15~ 1983, where the land proposed to be subdivided is located in that area of the town described inSection 100-163 of this Article. §100-163 Area Affected By This Article The provisions of this Article shall affect only these areas on the mainland of ihe Town of Southold located in the hamlets of East Marion and Orien~ and located east of the following described line, to Wit: Beginning at the ordinary high water mark of Orient Harbor at the southerly terminus of the easterly line of Shipyard Lane, and running . thence northerly along said easterly line of Shipyard Lane and across the Main Road (N. Y. Route 25) to the northerly line of the Main Road (N.Y. Route 25); running thence easterly along the northerly line of the Main Road (N.Y. Route 25) 715 feet, more or less, to the division line between the land now or formerly of Pebble Beach Realty, Inc. and the land now or formerly of ~ndre If. Birten; running thence along said division line northerly and then easterly and then again northerly about 5, 800 feet to the ordinary high water mark of Long Island Sound. §100-164 Relief From The Provisions Of This Article. Where the town board finds that practical difficulties or unnecessary hardship may result fronk the strict application of the-provisions of this Article, it may, upon application to it, vary or modify, the provisions o~' this Article so that the spirit and intent of this Article shall be observed, public health and welfare secured, and substantial justice dom~-. Upon tim receipt of an application for relief from the provisions of this Article, the towr~ board shall fix a time fora public hearing on the application, and MARCH 22, 1983 shall give notlce ~thereof t~y,,p~[~l~¢~milon~t~i tike official newspaper of the to~,m at least ten days before such hearing. §100-165 Duration Of Moratorium. The provisions of this Article shall be and remain in full force and effect for a period of one h~idred 'eighiy (1SO) .days fr°m and afzer the effective date of this Article. ~100-166 i~rior Approvals. Nothing contained here~in 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 take effect upon the date of its filing in the OfSce ofthe Secretary of State. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 22. Moved by Supervisor Pell, seconded by Justice Edwards, 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 19th day of April, 1983 a~ 7:35 P.M., at which time and place all interested persons will be given an opportunity ~o be heard upon the following mas~er: "A Local Law to provide for a Moratorium on Applications for Subdivision Plat Approval", (throughout the Town of Southold, no~ including Fishers Island), which reads as follows: LOCAL LAW NO. 1983 A Local Law ~o 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 the Code of the Town of Southold is hereby amended by adding a new Article thereto, to be Article XVI, to read as follows: ~100-160 Findings ARTICLE XVI MORATORIUM 1. In response to threats of groundwater qual±ty and increasing demands for potable drinking water in the North Fork of Eastern Long Island, the Suffolk Qounvy Departmenz of Health Services retained the MARCH 22, 1983 services of ERM-Northeast to conduct a study of water supply opt!ons 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) (b) (c) That the total available groundwater supply is limited. That in the Town of Southold, a very delicate balance exists between fresh water lenses, salt water intrusio~ ~ chemical contamination and water requirements. That over-pumpage or improper well location causes lateral and vertical saltwater intrusion. (d) That because the aquifers are shallow, they. are extremely susceptible to chemical contamination and have a limited dilution or assimilative capacity. (e) That the above conditions require thit groundwater resources be properly managed-and protected in order to provide the necessary water supply r~quirements. 2. That in the past two years there has been a sharp increase ' in the number of acres for subdivisions f~led with the Planning Board for subdivision pl~t 'approval ~nvolv-ing land th~oughoat-the Town. 3. That the Town of Southold has retained the firm of Raymond, Parish, Pine and Weiner, Inc. to c~hduct such studies as it deems necessary to update the Town's I967 Master Plan to provide for the future development of the Town. 4. That such firm is presently in the process of collecting data, including the review of existing water studies to determine the Town's development capacity based in part upon the available supply of potable water. 5. That the Town Board believes that, based upon the findings and recommendations of the ERM report, that the planning firm may recommend that the existing zoning code an~ zoning map be amended in order to prevent the shortage of potable wazer and in accordance with such land use factors as agriculture, fishing and tourism. 6. That the Town Board is concerned that the present land use regulatzons in the Town of Southold may be inconsistent with the land use and lot size regulations which may be recommended by said .planning firm. MARCH 22, 1983 ~100-161 Purpose It is therefore the purpose of this Article to impose a mdratorium on the approval of applications for major and minor subdivisions throughout the Town of Southotd, no~ including Fishers Island, in order to allow the planning firm and town officials a reasonable period of time to study, prepare and adopt reasonable measures ~o preserve and protect the limited water resources of the Town in such areas, and to prevent a race of diligence of land owners to develop land under the existing zoning regulations during the Town's consideration of such measures which may result in the establishment of land development which would be inconsistent with such measures and defeat their intent and purpose. ~100-162 Subdivision Plat Applications Notwithstanding the provisions of Article 16 of-the Town Law, and the provisions of Article Al06 of-th~South~ld Town Code, during- the period of time that this Article.shall be in effect, the Sou~hol~ .Town Planning Board shall aot acceDt or take any action on-any application for the approval of any major or minor subdivision plat, which has not received sketch plan approval on or before March 8, 1983 where the land proposed to be subdivided is located in that area of the Town described in Section 100-163 of this Article. ~100-163 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 application and shall give notice thereof by publication in the official newspaper of the Town a~ least ten days before such hearing. ~100-165 Duration of M~ratorium The provisions of this Article shall be and remain in full force and ef£ect for a period of nine (9) months from and after ~he effective date of th~s krticle 'with such moratorium. MARCH 22 1983 ' ~100-166 Prior Approvals Nothing contained 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 take effect upon the date of its filing in the Office of the Secretary of Stat~. Vote o£ the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: I will ask the Town Board if they would like to rule today on the hearings we held, the four of them, woald you like to rule on them today or put them on the next agenda? The only one I have a question with is the one which alread~ had the bu2lkhead in place (Kohn). I would like zo see if the T~ustees have any additional information other than they sent out when they went down to visit ~hat one. The other three I have no comments on. MRS. RUTH OLIVA: They gave them the permit, but it was Trustee Bednosky that wen~ down there and he recommended to the Board that if' ever happens again they were either going to f~ne t~e person that had their bulkhead or whatever it was in place, or ha~e it removed. They were most upset. SUPERVISOR PELL: I would like this Board to address a letter back saying this fact was brought up a~ our hearing today and see if they have any official comment ~o make back ~o us in a letter form. This was brought up ay the hearing today, so that's the only I would ask the Board to wait on. The other three I have no problem with. (T~e Board agreed to act on Troxel, Bubany and Koloski.) 23. Moved by Councilman Murphy, seconded by Councilman Murdock, WHEREAS, John H. Geideman, on behalf of Rober~ and Patricia Troxel, applied ~o the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated January 27, 1983, 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 respecz zo said application on the 22nd day of March, 1983, az which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that John H. Geideman, on behalf of Robert and Patricia Troxel, be granted permission under the proviszons of the Wetland Ordinance of the Town of Southold to cons~ruc~ 65 feet of bUlk- heading on cana~ off James Creek, at 2800 Ole Jule Lane, Mattituck, New York, PROVIDED there is a 10 foot return on the east end. This permit shall expire on March 22, 1984 if work has nom commenced; 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 Townsend,. Councilman Murphy, Councilman Murdock, Councilm~n Nickles, Supervisor Poll. This resolution was declared duly ADOPTED. 24. Mov.ed by Councilman Murdock, seconded by Justice Edwards, WHEREAS, Enconsultants, 'Inc.,on behalf of John Bubany, applied ~o the Southotd Town Board for a permit under the provisions o£ the Wetland Ordinance of the Tow~ of Southold, application dated MARCH 22~ 198_3_ February 10, 1983, and .... ~..~i'~i.!;' .... ~HEREAS, said application was referred to the Southold Town TrusTees and Southold Town Conservation Advisory Council i7~.ei.r findings and reco~endatioms~ and t~herefo~e, be it ~$OL~7~J) tA.s~t~ncO~lt~%nts, Inc. ,on behalf of John Bubany, be granted permission. ~nder th~' provisions of the Wetland Ordinance of the To~ of ~ uthold to maintenance dredge approxilatey 25 ft. by 50 ft. to a depth of 4 ft. below MLW within existing boat slip, at property located at 2350 Beebo Drive, on Eugene Creek, Cutchogue, New York, PROVIDED the spoil deposit area is no closer than 50 ft. from the most easterly portion of the dredged area, to insure that the spoil will not seep back inzo the dredged area. This is a one (1) year permit and will expire on March 22, 1984 if work has noz commenced; there shall be two inspections required; and the Town Clerk Shall be notified when the projecz is completed; Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 25. Moved by Councilman Murphy, seconded by Councilman Nickles, WHEREAS, Enconsultants, Inc., on behalf of Chester Koloski, applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town oY Southold, application dated Feb- ruary 10, 1983, and WHEREAS, said application was referred to the Southold Town Trustees and Southold Town Conservation Advisory Counc~[1 for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Board with respect to said application on the 22nd day of March, 1983, at which tmme -all interested persons were given an opportunity ~o be heard, now, therefore, be it RESOLVED zhat Enconsultants, Inc.,on behalf of Chester Koloski, be granted permission under the provisions of the Wetland Ordinance of the Town of Southold ~o maintenance dredge approximately 25 ft. by 50 ft. voa depth of 4 ft. below MLW within existing boat slip, at property located az 2250 Beebo Drive, on Eugene Creek, Cutchogue, New York, PROVIDED the spoil deposit area is no closer than 50 ft. from the most easterly portion of the dredged area, to insure that the spoil will noz seep back into the dredged area. This is a one (1) year permit and will expire on March 22, 1984 if work has not commenced; 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 Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: That ends the prepared agenda for today and all the add-ons we had to it. COUNCILMAN MURDOCK: We have one that we didn't do. A resolution of support for Peter Cohalan's letter to Mr. Thomas Hopkins in relation zo-- SUPERVISOR PELL: I didn't think we were going to do a resolution on that, I thought we were just going to send a letter up, Larry. COUNCILMAN NICKLES: Do you want a resolution, Larry? SUPERVISOR PELL: Put a resolution on, go ahead. 26. Moved by Councilman Murdock, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold hereby goes on record as supporting the position of Suffolk County Executive Peter F. Cohalan in opposing any efforts ~o redesigna~e Nassau and Suffolk Counties-as a primary mevropolitan sratistical area, and be it further RESOLVED that a copy of this resolution be forwarded to th$ Long Island Congressional Delegation, Suffolk County Executive Peter F. Cohalan, Nassau County Executive Francis T. Purcell, Suffolk County Town Supervisors, Suffolk County Director of Planning'Lee E. Koppelman and Thomas D. Hopkins, Chairman, Federal Committee MARCH 22, 1983 on SMSA's Office of Management and Budget. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nick/es, Supervisor Pelt. This resolstiom was deel. ared duly ADOPTED. bring up at this time? Joe? (Nothing.) Lar_rv? ~ot non vnanK ~-? No EhanK you, sir.) you.) John? (Not at this time.) Fr Judged Edwards? (Nothing, thank'~ou.) Who would wish to address the Town Board? Mrs. Ruth Oliva. MRS. RUTH OLIVA, President, North Fork Environmental Council.: I think today has set a new milestone in environmental affairs. We agreed with John Nickles on two out of three of his proposals. Very briefly - 5we acre zoning - the moratorium committee had considered two acre zoning very seriously, but we did not feel it was effective as a town-wide moratorium with a duration of the updatxng of the Master Plan. We did recommend, as you have mentioned before, Bill~ that we recommended to the Town to s~et up a water advisory committee last November. I wish it had been done then~ because we would have been in a far better position now to have everything in place to work very closely--and I hope that the committee that will be set up will do it anyway--to work with RPPW in their update of the mas~er plan. Farmland Preservation - we have believed that farmland preservation program should be rather a three pronged affair. Number one, the County preservation program with the County coming out to reassess our farmland for the updating of the values. Number two, a town-wide preservation programi~ and three,- a private funding in private land trusts, and this is~ some- thing ~hat Joe and myself and a few others stated to work on and hopefully we can continue to work on it. Thank you. SUPERVISOR PELL: Ruth, I'd like to add there. We did send a letter to the'County requesting them to upgrade the present farmland price. I signed the letter yesterday~ I believe~ to go back--"We haven't heard from you people yet, what are you doing in reference to the letter we sent?", I'm going to say two months ago. We sent it out and I just sent another one asking them---if you think we move slow, they move slower. But we did send a letter out yesterday. MRS~ OLIVA: I know. I do believe too, because I don't think any one entity can afford to preserve everything. That's why if it's a county-wide-town-wide and private, among the three of them I think perhaps we can do Something and especially this year. Thank you. MR. BOB VANDERBECK, Fleets Neck Property Owners Association, Cutchogue: I'm on the Board of Directors. Now, speaking in reference to a letter that was hand delivered here yesterday, and I believe copies were given to each Councilman and to you,, sir. The letter is in reference to a Mr. Gustave Wade who has requested that he build a driveway over Town land at the end of East Road in Fleets Neck, Cutchogue. This Association has many objections which were referred to in this letter. I hope you gentlemen have had time to read it. For further commenv on this I'd like to introduce our President~ Dr. William Heneghan who has just returned from a long trip and we're lucky to have him here today. Dr. tteneghan. DR. WILLIAM HENEGHAN: Thank you, Bob. As Bob said, I've j~st come back from quite a trip down in Florida and the weather was just the same as it is out here. I didn't mind coming back home. But while [ was away many things transpired and-I just got a quick briefing on them. I just got in at one o'clock this afternoon, so I may be a biz unfamiliar with things. Back-on March 5th, I believe was the date of the Town Trustees' meeting--we had gotten a letter a few days before written on March 1st from Mr. Gustave Wade and there were quite a few inconsistencies in his letter that we would like to have cleared up if possible, and again as Bob says, we are objecting strongly to-the request that he is making. He stated in his letter to our Association that he is the owner of a piece of property at the terminus of East Road in Cutchogue. I am the owner of a piece of property in Cutchogue too, I have been for twenty-eight years and I pay taxes on it every year or else. I spoke to Mr. Wade and I asked him had he paid any taxes on this land and he said, no. I asked him when he bought the land and he MARCH 22, 1983 said, April 12, 1982. ~e~.~$~i~ms~he has a deed and he is the owner. Last dCtober, h~'~e~t~in rumors, I come over to this building and I inquired in the Building Department and ~he Tax Office if there was any change in the ownership of this land? And they stated no, it was still owned by the--I shouldn't say previous owner, because according to the rules he is no~ the previous owner, he iS stfll'the p~esent ~ow-n~r---~'r. ~G~ov~r. I inquired if t,here was any permit for a building to be put up there and they said, no, there is no permit pending. There had been a permit that had been paid up each year--had been renewed each year--but this pas~ year had no longer b~en renewed, so the building permit lapsed. At the end of the year, when the unpaid taxes were published in the newspapers this piece of land was published there too as having unpaid ~axes and it was listed by Mr. Glover. So we don't see how this man can claim ~o be the owner of this property. The second thing he staves he wants ~o have the road to give him access and egress to his island. I asked him for the definition of an island. I happen ~o have a good Jesuit education and I was taught ~o define my ~erms. An island to me was always a piece of land entirely surrounded by water. This is not an island, it's a peninsula, a man-made peninsula. The other thing I want to bring our is that he had said--in his letter he said he wanted a deed ~o this land. In the next sentence he said he wants an easement. Now we don't know what he's looking for. As a doctor I can't understand how the Board of Health or the D.E.C. had ever given him permission to put cesspools down in the land there. It's filled-in land, the land where I would say the cesspools are is about 40 feet away from the wa~er, and I don't believe it's more than six feet high above mean wa~er level. These are some of the questions I have. I would like ~o have Mr. Anthony Nowachek, one of the G~ficers of the Association, speak ~o you further on this. Thank you very much for your attention. MR. ANTHONY NOWACHEK: I wanm to thank Dr. Heneghan for the intro- duction. I too came back from Puerto Rico late last night and I know you are hard working,dedicated citizens-and I find myself here at this Town Board meeting by accident. I reall~ was going to run over to the American Legion and help a neighbor of mine cook up some fresh ham and I have ~o get over there and I know you people want to get on your way. My~familiarity basically is this, I happen. to be a resident of Fleets Neck for about the past five years and I happen to be an officer and a member of the ~leets Neck Associa- tion. I also just happen by accident to be a lawyer and I guess I find myself wearing these three hat~. I appeared before the Board of Trustees at ~he last meeving that Dr. Bill mentioned because the organizatmon--Fleets Neck Property Owners Association--whether it's known to all you members of the Board--is a bonafied organization comprising several hundred residents of that particular area, including myself. As a bonafied organization I can just readily say that they're up in arms basically and sort of very down-put by the suddenness with which this situation had reared its head. It appeared ~o be like the blizzard of eighty-three that just passed. They had gotten through, as the Board probably knows, some of the members, some extended and protracted litigation over some backfill by probably the individual who was the owner of that piece. Now, that piece of land is really beach property that sticks our into a canal that leads from Eugene's Creek basically south ou~ into Cutchogue Harbor, into the Bay. It would sort of lend itself ~o some clear explan- ation if you looked at the presentation of the survey of the parcel that shows that Fleets Neck, really, that point which projects out into the wa~er is the neck, it's the end of ~he entire thing. It behooves me only to mention that from my observation or from the knowledge of the area, the residents have enjoyed consistently the use of that beachfront, undistrubed, from a period well in excess I could say of thirty-five or maybe forty, even way way back the Vanderbecks can recall. I wasn't here, and a~ this particular time here's a portion of that beach, not even a half acre, being submitted by its current owner to a contract vendee for the purpose of procuring rights, no~ consisten~ with ~he ownership of that property for the erection of that dwell- ing, but to get rights from the taxpayers who fiduciaries hold ~he rights to that proper~y,basically the Town itself, and the Town Trustees. He has inadequate land on which vo build. He has no access whatsoever to that property as it exists currently, either by ~oot or by vehicle. As the roads ends at its terminus, East MARCH 22, 1983 Road, which is a public road, then immediately abutting is the Town property and immediately abutting is the property of~ the Town Trustees. It's proposed.by this individual to put a one-family home on this less than one half acre. He proposes on adjoining neighbor's property, by con~ract or otherwise, to acquire a right to sink a well from which he can draw his water. He furtherwants tQ sti.ck-his~sePti~ t~nks~o~s~nitary~'and''~other purposes to drain from his property away from his property and the only source of access that he now seeks is from a public road, 50 feet wide that terminates and leads on TOwn and Town Trustee property. He wants an easement from that road, 15 feet wide running 75 length for his exclusive use. If you look at the end of the road, gentlemen, and Mrs. Terry, it leads--the members of Fleets Neck and the Association~ ~ on to their beach property which is to the south and southwest of the Town and Town Trustee property. The property that we're talking about of this particular individual, Mr. Gus Wade, lies to the north and sort of spread from east to west. I was rather edified, as well as the other gentlemen of the Association here with me, of the proposal for increased zoning for the protection of the environ- ment and gentlemen, it would appear to me letting alone just ~he animosity or the possible adverse effect it might have on the resident, users of the beach facility that if they enter upo~ the beach facility and they would glance to their left they woul no 'longer see the creek, they no longer would see the creek flow into the channel and into the. harbor and into the Bay, because they'd see a multi-level residence probably fronted by a paved easemen~ and maybe a deck shrubbed completely so you don't see any natural environment anymore. Baring that it would really destroy just the natural and visual environmental appearance of the entire thing, it would, I think, and so do the members of the Association, have a complete drastic adverse environmental effect on the waters really that border about that parcel. It would appear to me that any action by the Board, and I don't know whether it was taken by the Board upon this particular applicant's application at the end of the business session at the last time, which I have heard, for a resolution of the Board that the Board given him the right to have an easement for egress and ingress of automobiles and pedestrians to and fro the East Road, which is a public thoroughfare to the proposed residence he intends to build. He at the same time concurrently has an application pending before the Town Trus~tees to hav~ an easemen~ similar in nature over their particular property. It would appear to me, gentlemen, that the solicitation of this particular individual, of this easement is totally premature baring and lacking any approval by number one, the Building Department approves his site plan, his construction, his compliance with the Building and Zoning Ordinances for the erection of this one family dwelling and it seems to me that the residents and the members of the Association are rather perturbed that this is not proceeding in the manner customarily followed by someone who would acquire a parcel or be a contract vendee of a parcel and seek to erect a one family home. It would appear that it's a situation where he is trying to cull the favor, if I may use the expression sort of loosely, cull the favor of the Board, cull the favor of the Town Trussees to acquire rights that are propertly those of taxpayers,. so he can once obtaining those rights, he can proceed to actually erect a dwelling for his own personal gain to the detriment of many. Now, as I had said previously, I don't know what action, if any, or what consideration the Board had given to his own application, which I believe was made back at the last meeting of the Board for this particular reasoning. If any consideration shall be given, gentlemen, it's the request of the Association, the Fleets Neck Property Association that any consideration and ~-~ any action be.deferred, similar to that deference made by the Town Trustees to its April 5th meeting, so that the Association and the l~J governmental agencies, the Board and the Board of Trustees Consider all the aspects, hear all the objections, legally and otherwise, before granting any permission whatsoever to thip particular applicant. For that we'll be grateful and thankful. SUPERVISOR PELL: Thank you.~Thank you very much. Anybody else wish to address the Boamd? Scott Harris do you have news about -the Greenport Dock? MR. SCOTT HARRIS, Suffolk ~ounty Legislative Aid: Right. Good evening ladies and gentlemen, or afternoon, it's not evening ye~. I'm here today basically as a lifetime citizen of the Town of Southold, but also as an Aid and emp~oyee~f t~e ~egisla~r? MARCH 22, 1983 the County of Suffolk and I'm pleased to report that the Greenport Dock project once, again is2~.~ ~?'went through today with a Certificate of Necessity, which if you don't know, that is a piece of legislation that comes down from the County Executive demanding immediate_movement on, which the Legislature did unanimously, so the Greenport Dock project once again is a go. While~'m on Coun~ybusiness, I'd like-~o bring up two'other~ matters which I think the Town of Southold has been remiss in certain ways, not to chastise you for anything you've done in the pas~, but the dredge project, unfortunately, is on a hold. As you know, last year the dredge pro~ect was approved but the County Executive vetoed the dredge project. Now, this year it is on a hold again because unions, Local 25, have come down lobbying heavily against buying the dredge. Unfortunately the unions have a lot of weight and they've managed to get the Department of Labor in Suffolk County to do another study on the dredge, so rather than move on it they've tabled it for two more weeks until the Department comes out with a study on the dredge that they're dOing. It's unfortunate that the East End out here has so many projects waiting in the wings when the rest of the County can get projects going, we have to wait and wait and wait. I think it behooves everybody in the Town of Southold, including yourselves, to send either a representative or a letter on behalf of the Board supporting the dredge projec~ get under way as soon as possible. I'm talkin~ about b~ying of a County dredge. COUNCILMAN NICKLES: You're not talking about a dredging project? MR. HARRIS~ No, no project. I call it the dredging project, but it's buying of a County dredge. SUPERVISOR PELL~ What you're talking about, Scott, is that we are on record as supporting the purchase of a County dredge. MR. HARRIS~ Absolutely. SUPERVISOR PELL~ So, therefore, because Southold Town is on record to support a County dredge in order to keep our channels, our waterways open at the most reasonable--what we feeI is the most reasonable and economical rate to the taxpayers of, in our case, Southold Town, that labor unions are refusing to let this project move ahead? ~R. HARRIS~ ~bsolutely. SUPERVISOR PELL~ Is that wha~ you're telling us? MR. HARRIS~ Yes, sir. SUPERVISOR PELL~ And I say it's blackmail or bribery, fellows. COUNCILMAN MURPHY: Scott, what project are you talking about? The dredging of the Greenport Dock? MR. HARRIS~ No, we're talking about--what I'm talking about is the purchase of a county dredge. In the neighborhood of 150 to 200 hundred thousand dollars. The time is now, the County has a very good deal in the works where they can save 'money on a dredge right now if a buy a ten inch cutterhead dredge. The Budget Review Unit o~ the Suffolk County Legislature has come out with a report,which I'm sorry I didn't bring with me today. because I could have submitted it ~o you, in favor of buying this dredge. Like I said before, the hold up now--the Public Works Committee was all in favo~ of going ahead and having the resolution passed out of committee so that ~he Legislature could, at this meeting, adopt it~ but the labor ~nions have put a ~remendous amount of pressure on many areas in the County arid unfortunately, as I said before, the Department of Labor in Suffolk County has tabled that resolution--asked for a tablement-- Ray Almendinger who is now the Commissioner, in order to do a -study of his own to come out whether th~ dredge is a good project or not. SUPERVISOR PELL~ I'd love to go, I hope the Board wilt direct me ~o go. COUNCILMAN TOWNSEND: When is the-next'~me~i~g? MARCH 22, 1983 MR. HARRIS: The aex~ meeting will be two weeks from today because I just got out of the Legislature a little while ago, so .... SUPERVISOR PELL: Would there be a committee meeting prior to? MR. HARRIS: There would be a committee meeting prior tO. it, yes, which w'il'l be next Thur~'~k~,'n~ t~his Thursday coming, but next Thursday it will be back in Public Works again. SUPERVISOR PELL: We should go to the Public Works Committee meeting? MR. HARRIS: I would suggest, yes, if possible whoever is on the dredging committee of the Town and the Supervisor himself. SUPERVISOR PELL: I just appointed myself. If the Board does: nov object I would like to go to that one on Thursday. (Board agreed.) If not, somebody else will be there. MR. HARRIS: We always have problems with the west end with Legislators because they always say that the dredge is going to benefit the east end and I think one of the underlying factors to the dredge being bought by the County of Suffolk isn't that any private contracting work is going to be taken away from them, as a matter £act it's going to enhance projects that are waiting in the wings such as we have out here in the Town. And that's the only reason the dredge is even being brought up, it's not a matter of saving that much money to the County, it's a matter of getting projects done in a quicker manner because as you know we only have April through June or July to do a lot of dredging projects due to D.E.C. regulations, and last but not least, the Legislature today also passed a memoralizing resolution coming out against salt water fishing license, which has been proposed in the Assembly. Unanimously it was signed and sent UP there today. I would like to, as a citizen of the Town of Southold and as a fisherman, ask that this Board could similarly send a resolution--a memoralizing resolution--coming out against salt wa~er fishing license. ~ SUPERVISOR PELL: Scott, could I ask you to get us a copy of it and we will put it on our next agenda. MR. HARRIS: I certainly will. SUPERVISOR PELL: That will give us a chance to review it. MR. HARRIS: That's all I have basically to report today ~o you and I thank you for your time and I'd like to commend this Board and their actions today to saving this beautiful area that we are all fortunate to live in. SUPERVISOR PELL: Thank you, Scott. Anybody else wish to address the Board? (No response.) If not, I'm going to ask the Board to recess at this time. I must go into Executive Session wi~h the Board over personnel matters. I do not anticipate any further action of the Board, but I want that set aside in case I need to. Moved by Councilman Murdock, seconded by Supervisor Pell, it was RESOLVED that a recess be called at this time, 4:55 P.M., for an Executive Session. Vote of the Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared du~y ADOPTED. EXECUTIVE SESSION -5:00 P.M. - The Board discussed personnel problems. MARCH 22, 1983 WORK SESSION 5:35 P.M. - Supervisor Pell advised the Board that he had spoken with Superintendent of Highways Dean who advised him the sidewalks on Main Street, Southold, in the business section, would be repaired in early April. Councilman Murphy discussed the rental of a machine to dig french Trenches at the landfill to vent methane gas. The Board agreed to such a rental as long as the number of days is limited. Moved by Supervisor Pell, seconded by Councilman Murphy, it was RESOLVED that this Town Board meeting be adjourned at 5:45 P.M. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Judith T. Terry~ Southold Town Clerk