HomeMy WebLinkAboutTB-05/10/1983 70
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SOUTHOLD TOWN BOARD
MAY 10, 1983
WORK SESSION
9:00 A.M. - The Board audited the outstanding bills.
9:30 A.M. - Began reviewing the agenda.
9:45 A.M. - Mr. Gustave Wade and his attorney Richard J. Cron met
with the Board to discuss access over East Road, Cutchogue, to
the property .of Leander Glover, Jr. which is under contract of~
sale to Mr. Wade. Mr. Cron said the Board must determine whether
they are asserting the road east of where it terminates has been
abandoned by the Town of Southold, and if so the Board must prove
it. Attorney Anthony G. Nowachek, a resident and representative,
of the Fleets Neck Property Owners Association stated that it
appears that this is the case of a private citizen trying to ~take
public property and the burden to prove ownership should be on:
Mr. Wade and not the Town.--The Trustees have studied the issue: -
and tabled it.--Mr. Cron said the only issue to resolve here is
what does the Town have as a Town road at the end of East Road,
and Mr. Wade has the right of ingress and egress over it the same
as anyone else..
10:20 A.M. The Board resumed reviewing the agenda.
11:05 A.M. - Mr. Bill Wilhelm a member of_the Board of Directors
of Custer Institute met with the Board~ discuss the rich
scientific and technological heritage of the Institute. It's
observatory has been recognized as one of the two best on Long
Island. The Institute provides educational programs, talks and
workshops for all ages. The Board has a five year plan to
restore the Institute and one of their goals is to preserve light
quality. They are preparing an extensive report for the Town Board
on this subject, and along these lines would like to be included
in the Master Plan. In their goal to preserve the Institute they
would like the help of the Town; perhaps through zoning restrictions
or designation of the area as a cultural center, including the
Archaeological Society building. Councilman Murdock suggested
they contact the Southotd Park District, as ~ell as service clubs
in Town who might wish to become involved in the project. Super-
visor Pell suggested Mr. Wilhelm contact Community Development
Administrator James McMahon to determine if their are any C.D.
funds available. He also suggested Mr. Wilhelm contact Planning
Board Chairman Henry Raynor to schedule an appointment to be
included in Master Plan discussions.
11:30 A.M. - Community Development Administrator James McMahon met
with the Board to urge they adopt the revised S~ction 8 Ver~ Low
Income Limits and~incorporate them in the Housing Rehabilitation
Programs for Years VIII and IX. A resolution to this effect
was placed on the agenda. Mr. McMahon discussed Years VIII and
IX Housing Rehabilitation Program budgets which the Board approved
by resolution during the regular meeting.
12:10 P.M. - Recess for lunch.
1:30 P.M. Work Session reconvened and the Board resumed reviewing
the agenda.
2:30 P.M. - Executive Administrator Victor Lessard met with the Board
to discuss the proposed Local Law to amend the Flood Damage Prevention
Law of the Town of Southold in relation to the Flood Insurance rate
map and the definition of terms.
3:10 P.M. - Mr. Sheldon of Northampton met with the Board to seek
their opposition to the proposed legislation denying zoning powers
to newly incorporated villages. He outlined the objective plan of
a proposed Incorporated Village of Northampton, stressing that there
is nothing harmful to a Town if a village has zoning powers. The
ownership of property by the Local 282 Pension Trust Fund has
apparently initiated this legislation. Mr. Sheldon pointed out
that a trust fund, by law, can never be the developer of property.
The Board was receptive to Mr. Sheldon's arguments and agreed to
consider them carefully when voting on the proposed legislation.
3:30 P.M. - A recess was called for the purpose of hold the following
public hearings:
A Local Law in Relation to the Mooring and Anchoring of Boats.
A Local Law in Relation to the taking of Shellfish by Guests.
Wetland Application of The Land Use Company on behalf of Virginia
G. Jones.
Wetland Application of The Land Use Company on behalf of Patrick
Carrig.
Wetland Application of Enconsultants, Inc. on behalf of Petersen
'Towing Corp.
Wetland Application Of Enconsuttant
Robinson.
Wetland Application of Costello Mar
behalf o£ Howard Stabile.
Wetlgnd Application of Joseph Marra
Wet%~d Application of John Geidema
Shipyard.
A Local Law to Provide for the Lice
Coin-Operated Amusement Devices.
4:05 P.M. Work Session resumed for rev
agenda items.
5:00 P.M. - The Board set 12 Noon, Monda
Session to discuss the Two moratorium is
and a Regular Meeting at 1:00 P.M. for
EXECUTIVE SESSION
5:05 P.M. - Discussion of possible liti
5:25 P.M. - Executive Session adjourned
REGULAR MEET]
A Regular Meeting of the Southold T
Tuesday~ May 10, 1983 at the Southold To
Southold, New York. Supervisor Pell ope
P.M. with the Pledge of Allegiance to th
Present: Supervisor William R. Pel
Councilman John J. Nickle
Councilman Francis J. Mur
Councilman Joseph L. Town
Justice Raymond W. Edward
* * *
Town Clerk Judith T. Terr
Town Attorney Robert W. T
Absent: Councilman Lawrence Murdo
Moved by Councilman Nickles, seconded by
RESOLVED that the following audited bill
for payment: General Fund Whole Town bi
General Fund Part Town bills in the amou
Department bills in the amount of $30,.67
District bills in the amount of $37,030.
bills in the amount of $134.24; Nutritio
, Inc. on behalf of Genevieve
ne Contracting Corp. on
~odi.
on behalf of New Suffolk
sing and Regulation of
iewing agenda and off-
y, May 16, 1983 as a Work
sues and two acre zoning,
decision on the foregoing~
ation.
pwn Board was held on
~n Hall, Main Road,
aed the meeting at 7:30
Flag.
, III
hy
send, Jr.
sker
zk, Jr.
Councilman Townsend, it was
~ be and hereby are gpproved
ils in the amount of $27,435.77;
at of $22,874.38; Highway
~.56; Fishers Island Ferry
[2; Federal Revenue Sharing /~
Program bills in the amour~
MAY 10, 1983
of $11,710.51.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Councilman Nickles, Seconded by Councilman Murphy, it was
RESOLVED that the Southold Town Board minutes of April 19, 1983 be
and hereby are approved.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor':Pell.
This resolution was declared duly ADOPTED.
Moved by Supervisor Pell, seconded-by Councilman Nickles, it was.
RESOLVED that the next two Regular Meetings of the Southold Town
Board will be held at 1:00 P.M., May 16, 1983 and 3:00 P.M., May
24, 1983 at the Southold Town Hall, Main Road, Southold, NeW York.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: The meeting to be held on May 16th will be devoted
strictly to the Town Board's discussion on the two moratoriums and
the two acre zoning proposal. The public will not be invited to
speak at the Work Session which will begin at 12 Noo~, but are
welcome to attend and listen to the Town Board's discussion.
At this time we have a representative of the New York State
Department of Transporation present (James O. Frein) and'residents
of Laurel who wish to present a petition. Jim will give us a lot
of information on what he wants to do, but I would like you, Jim,
to hear what the people have to say and what they think prior to
that. Mr. Carlin, you wish to address the Board?
MR. FRANK CARLIN, Route 25, Laurel, New York: Members of the
Board, Supervisor Pell, Commissioner Colombo. Normally I'd be
standing here with a sheet of paper in my hand, but I feel this
isn't necessary because the people's petition speaks for itself.
Over 2800 signatures. I can assure you we would have had a lot
more if we would have continued on. I live in the center of these
two nightmares, Main Road~ Route 25, south side of the road. The
curve is on my west and the bridge is on my east and believe me,
I've seen it all for 28 years I've been living there, I've seen it
all. You're asleep at night, a knock comes at your door, you open
it up, somebody's standing there full of blood, a teenager, or man
or woman involved in an accident and looking for help. I can assure
you may neighbors have gone through the same experience. I could
write a book on this area, believe me, and the people have full
confidence in the Department of Transportation that they'll take
action on this petition, and also, and Supervisor Pell in seeing
that the street lights get installed immediately, which was requested
on the petition. Hopefully to Laurel line where the Riverhead Town
street lights end. I can only end by saying that we're all hoping
and praying that the State will take action on these people's
petitions. Thank you. And now I'd like to introduce my co-worker,
who worked with me along on this petition, to present to the petition
to Supervisor Pell, Mrs. Catherine Simicich from Mattituck.
MRS. CATHERINE SIMICICH, 1530 Camp Mineola Road, Mattituck, New
York: We wrote a cover to you and I'd like to read this letter.
"Dear Supervisor Pell and Southold Town Board: Enclosed is a
petition to the State of New York which reads as follows: We
below, petition the State of New York that the Laurel Bridge Overpass
be raised and improvements be made on the Laurel curve on Route
25, west of the overpass. Also emergency flashing lights be
installed immediately on both sides, and street lights be installed
from Bray Avenue, Route 25 up to and around Laurel curve. The
total petition contains 2,860 signatures. We sincerely believe that
only prompt attention to this matter.will prevent further accidents
and fatalities." This is on behalf of myself and Mr. Carlin. I'd
like to present you 2860 petitions.
SUPERVISOR PELL: Thank you very much. Anybody else wish to address
the Board on this topic? Yes?
MS. SYLVIA PAFENYK, Secretary, Mattituck Chamber of Commerce: I
don't think I'll be as eloquent as Mr. Carlin, but "speaking for
the Board of Directors of the Mattituck Chamber of Commerce, we
wish to voice our grave concern regarding the extensive loss of
MA-Y 10, 1983
life, not to mention %he numeroUS accidents and injuries which
occur in the vicinity of the infamous'Laurel Bridge. As practical
business people we recognize that great expense is involved in
constructional alteration of the overpass and the road. The thought
was raised, however, that we are now paying an 18~ surcharge for
mass transit, and our portion of that new tax might well cover such
expense. We surely do not enjoy the benefit 'of mass lransit here,
with The reduced schedule currently in operation. But such work
would take time...time in which we have the statistics to prove
that more young people, old people, and p~ople unfamiliar with
our area will be suffering needless pain and possible death. The
very least the Chamber can accept is prompt action on the part of
the appropriate authorities to implement the current set of signs
so that there are adequate warning "devices in the immediate area,
as well as very legible signs well in advance of the bridge approach.
Respectfully submitted, Sylvia Pafenyk, Secretary."
SUPERVISOR PELL: Thank you very much. Yes, sir?
MR. GEORGE McCARTHY, Mattituck, New York: Members of the Board,
ladies and gentlemen. I lived in four different locations within
that given area for over forty-five years total. I've been a
volunteer fireman for thirty-five of those years, so I'm well
aware of what's been going on there over ~hese past number of
years. Just to give you a quick run of my memory--now this isn't
a prepared whatever. Starting at which is now Franklinville
Road, the approach to Aldrich Lane, there was a truck-trailer
accident there, hit a car, horrible. Going down in front of Elbow
Two there were two people killed, they were going to visit friends
in Southold. Going a little further a Greenport resident was killed.
Prior to that a Southold school teacher was killed. Going a little
further--plenty of accidents in between--but going a little further
two brothers and an additional man were killed. There's another
death in there but I don't know the names. Going right on down,
plenty more accidents--you might get down to Bray Avenue, which is
the end o£ this particular strip. What happened there? Me. My
own fault. Going too fast. I would like to say as a Nascar stock
car drive that my driving helped me avoid an accident, but I can see
the cars coming east, swerving and weaving to miss me, so I had to
admit it was their skill, rather than mine, that saved me. I had a
relative of mine had an accident there, not quite so fortunate, a
thousand dollars worth of damage. But these were all local people.
Now if signs are going to do good for strangers, fine, but they
would not have prevented these. These were all local people. I
recommend that the signs be moved further west as to the approach
of Aldrich Lane, because I, like Mr. Carlin, wake up all hours of
the night, screaming brakes, I wait for the crash, and I think
Southold Police will tell you that within a few minutes of a crash
they get about five calls, because everybody is waiting for the
climax. I think we need something, signs would help, and the signs
that are there, while they've been knocked down, I think the State
Department records will show they've been knocked down and repaired,
I think they should be further west-~in a 55 mile zone it don't
give people a.chance to slow down. Now the recent two death
accident, I saw this big beautiful Hertz rental truck go by, he
was doing about 30 mile an hour. Maybe the reason was that a
tremendous amount of highway construction was being done there, - -
repairing a washout where the road caved in. He was doing about
35. Being a cross-country truck drive for five years and over a
million miles in my life, I noticed the truck'and I said, "Well,
is he going to make it?" I waited for him to come back. Wasn't
long an automobile came speeding along with lights, pulled cross-
ways of the road. I ran down and said, "What's up?" Truck hit
the bridge. Thank you.
SUPERVISOR PELL: Thank you, George, Thank you very much. Anybody
else wish to address the Board on this? (No response.) For the
record I have a letter here from the Greenport-Southold Chamber of
Cnmm~r~ as follows: "The Directors of the Greenport-Southold Chamber
of Commerce are concerned with the obviously unsafe railroad overpass
in the Hamlet of Laurel. The recent deaths invo±vlng thls structure
again revives memories of other deaths and injuries at the same
location. We urge the Town Board to make our concerns known to the
appropriate authorities." Also for the record here I havea State
Police report of March 16, 1983 recommending that the signs be mo~ed
further wesz and east of the bridge. 150 feet to 300 feet before
the bridge. This is from the State Police report to the Department
of Transportation. Anybody else wish to address the Board on this
before we give it to the Department of Transportation? Yes, Mr. Carlin.
MAY 10, 1983
MR. CARLIN: One thing I'd like to add on that curve there jnst west
of my house there, there is no "slippery when wet" signs up, there,s
no "speed limit" signs there. God, when you're coming down that
stretch there from Aldrich Lane the say says, "State Speed L~mit 55
miles an hour", then it's a "curve" sign, that's it. East the'sign
says a "curve - 50 miles an hour". You cannot take those chives at
50 miles an hour when it's wet. It's very oily and they slide and
they go off the road and they jack-knife and they turn over or hit
a tree and that's where five were killed there. There was in '78
one girl and two boys killed there at one time and there wasa colored
woman killed there two years ago and just three weeks ago there was
a colored man killed there with a head-on collision. That road is
completely oily. It's something wrong with it and when it rains--
and this was happening when all the rain--it becomes very slick and
there's not a sign there that says "slippery when wet" or "reduce
speed limit", and yet when you go down the road west approximately
four miles in Aquebogue, there's two curves there with "slippery
when wet" signs and '45 miles an hour" speed limit. Why shouldn't
there be signs here when we've had five people killed and oh I imagine
about--within the total of '78, out of five years, I imagine over
half of them was injured there, so I can't understand it. I cannot
understand it. Why the signs were never put up. I've called
Hauppauge several times in the two years and tried to get something
done about the signs and nothing was ever done and meanwhile people
are getting injured, continued being killed and its a shame--for
signs, and lot of it happens to out-of-town people. These are people
that are coming from out-of-town on weekends, don't know the road,
they hit that straight-away there and they see a sign "55 miles an
hour" let's go, and they go 55 miles an hour, they approach the curve,
they realize the curve now, they put their brakes on, if it's raining,
forget it, they slide and jack-knife and they go over. I've seen'a
Parcel Post truck go over, I've seen them all. I've seen anything _.
you want. I've seen it, I live right there. Thank you.
SUPERVISOR PELL: Thank you. I'd like, on behalf of the Town Board,
thank Commissioner LaRocca who, and Assistant Commissioner Carlson,
who was on Long Island yesterday to discuss this with you--your ~
office--for having you come before us tonight and hear our people.
Now you can tell us the words from the Commissioner.
MR. JAMES O. FREIN, representative of the New York State Department
of Transportation, Regional Office, Hauppauge, New York: I was
speaking with Assistant Commissioner Carlson about this on Monday,
and we talked about me coming here and he wanted me to assure you
of his concern and the department's concern. Now, the department
has been doing a number of things in this area, one of which and
I'm surprised it hasn't been mentioned--but one of the biggest
problems--and I think the biggest problem with the bridge is that
the piers on either side of the road--you have two eleven foot
roadways, then you have three or four foot shoulders and you have
these piers and people can go off the roadway and hit those piers
head-on and that's not just trucks, that's every vehicle that goes
through there. We have just let a contract to Jofro Construction
for nine hundred some odd thousand dollars to replace and install
guide rail and concrete barrier in a number of locations in Suffolk
County. This bridge is one of the locations. What we're going to
put up on both sides of the road will be a concrete barrier buried
into the slope so that if a vehicle does go off the road it won't
hit the pier head-on, it will strike the barrier, hopefully at a
modest angle, being that it will be parallel to it, and would pass
by. This doesn't mean there's noz going to be any damage to the
vehicle, but the vehicle shouldn't wrap right into the pier. On the
north side this will be backed with earth, on the south side it will
be backed with steel posts. Some of the accident history--a number
of vehicles did hit the piers. Second of all, there is a project
to improve the truck route of Aldrich Lane. I know the Supervisor
and the Suffolk County have been in on this. The job has been
programed, we have---because it's programed now doesn't mean that
there's funds, but the plan is as if there will be funds and the
schedule is to designate a consulting engineer this year to design.
The next year would be right-of-way cost and construction would~be
'85-'86. Right now that source of funds is 24~ over-program.
However, we always over-program a little bit because you can never
tell where the funds are going to be down the road--whether they're
going to be more or less and it always pays to have some jobs
available. As far as the railroad bridge goes. We've contacted
the Long Island Railroad and asked them for a cost estimate to raise
MAY 10, 198.3
75
it This will be the railroa&~.~ii~-it,.~not ~he State of New
York. However, the State would pay {or zt. ~opefully it would be
a faster way to do it. When we get the estimate, ~hen there'll have
to be some decisions made on the cos~, where we can get the money
from. I know ~he assistant commissioner is very interested in this
project. Whether we'll have to juggle funds around, or what, we
really don't know. We don't know what we're talking about until we
ge~ a cost estimate. The cost could, for all I know, be prohibitive.
I expect that, but until we ge~ the figures you can't talk on that.
As far as the area itself, the more near term help we can provide--
we have been--studied the accidents and noticed that there have been
many more truck hits since November, on the bridge, than every before.
Three or four, I think four. We've studied the question of curves
has been brought up. We sent out-=the way we set these signs is we
have somebody run the course with a car set with a ball-bank indicator.
He drives ~he center of the lane, depending upon how far the ball goes,
we say he keeps driving it at different speeds that that's set--there's
a procedure for it se~ mechanically. We've checked the speeds--I know
the one--the 55 per hour one check out at 50. The rest o£ 'them I
didn't ge~ a chance ~o finish talking to the investigator who went
out. As %ar as the signs go, we're reviewing the signs. We're
reviewing more signs, different signs, different locations. We want
to do something that will be--that we believe will be effective so
we're giving a little time and we're trying to come up with something
we think is the best. There's a lot of signs out there now. Maybe
more signs isn't the answer. Maybe relocation is the answer, maybe
some attention-getting devices is the answer. We're not--I would
say our response along the lines of the short-term action is weeks
away--definitely no~ months, and depending on that--on what our
response is, I don't think implementation would be too long, because
we're not looking at grand schemes, we're looking at things that
as I said, move the signs, more signs, flashers. We're ~ooking at
something that we think will really be more effective. Right now
we've got a lot of signs out there. It seems to be effective for
a long time. They certainly haven't been effective since last
November. The accident history speaks fo~ itself. So that's
really my response. We are working on it. They'll be some sort __
of reply in a matter of weeks and as far as raising the bridge,
we're really in the hands of the railroad for their estimate. When
we get their estimate we're going to have to look for the money.
SUPERVISOR PELL:
weeks from today.
to us by then?
May I ask you this? This Town Board meets two
Do you think you could have a progress report
MR. FREIN: I really don't know. Four weeks I can tell you we're
going to have a response. We may not know about the railroad and
we'd be more than happy to contact you and give you a call.and tell
you where we stand, but as far as a finished repor~ two weeks might
be a little--
SUPERVISOR PELL: I said progress.
MR. FREIN: Some sort of progress, because no matter what we
recommend down here, it's got to go to Albany, it's got to go to
Traffic and Safety, it's probably going to go to the assistant
commissioner, at least, and the commissioner. So, with those
levels, I could certainly let you know what we found out about
the railroad, price, and any more information we've got ourselves.
SUPERVISOR PELL: .What I would like, if you could, two weeks from
today the full Board will be here in working session, just give us
a telephone call and tell us where you are so we all will know and
then we can tell the people at the meeting.
-MR. FREIN: While I was sitting there I wasn't paying a whole lot
of attention to the dates. What date is that?
SUPERVISOR PELL: Two weeks from today, May 24th.
MR. FREIN: By noon, two weeks from today, you'll definitely get
a call. Definitely will call you.
SUPERVISOR PELL: The Board will be here and then at the meeting
we can announce to the public.
MR. FREIN: No problem, no problem at all.
MAY 10, 1983
SUPERVISOR PELL; Does any Board member have anything they'd like
to add to this?
COUNCILMAN MURPHY~ I appreciate your concern, Jim. It is a big
problem, it's a very serious problem and if you could help us out
we would appreciate it a~ as soo~ as possible.
SUPERVISOR PELL~ Councilman Townsead?
COUNCILMAN TOWNSEND: Yes, there was some discussion at the Board
meeting and I'm not sure whether you mentioned it just now~ abdut
the reason for the recent increase in accidents there. One or'the
reasons might be the straightening, out o~ the curve and the f~c~
that cars build up greater speed-,cars and trucks build up greater
speed now, and the fact that the access to that road is not as
easy as it used to be, or as well marked as it used to be~ and is
the State planning to address those issues?
MR. FREIN: What we've done is we've gotting in accident histories
since 1 January '79 and that's since, I think, both a little before
and a little after the road straightening and we're analyzing it.
We're looking for the things we always look for, wet weather
accidents. There are a lot of wet weather accidents, bum most
accidents occur in the dark in the wet weather and bad weather.
There's not a significantly high number, I'll put it that way.
We're looking for is it from one direction. Well, the serious
accidents don't show that, east bound or wes~ bound. That's the
kind of things we're looking at. We've ran the roads with the
ball-bank indicator both ways. I only had a chance to talk to
the investigator about that one sign. We had a letter from Mr.
Carlin, which you mentioned, the 55 m~e per hour one. That ~stu~k
in my mind when I saw him Friday I asked him about it. He skid
that checked out, but we may be repositioning some of the'burve"
signs. The way the "curve'~ signs work is if we run it with the
ball-bank indicator and it's--you can do it at the speed limit--
then we just put up a "curve" sign.. If it's less than that, we
go to the neares~ five miles and we put up an advisatory speed --
below it. That's not a speed limit, that's just an advisatory
sign amd we've done that, but I'm not familiar with the results
of it. Had that Friday.
SUPERVISOR PELL: Thank you. Any other Board member have anything
you would like to add?
COUNCILMAN NICKLES: I'd just like to ask a question. Are you
aware we have a petition in the Town of Southold that was submitted
in the fall of 1982 with 900 names on it for a traffic signal at the
intersection of Route 25, the State highway, and Boisseau Avenue?
MR. FREIN: I'm not aware of that. I would not necessarily be.
COUNCILMAN NICKLES: Would you be kind enough to look into that.
It has been a problem here in the Town of Southold ....
MR. FREIN: Boisseau Avenue and Route 25. That's right in here.
COUNCILMAN NICKLES: Four blocks east of here.
MR. FREIN: When I call on the 24th--didn't you get a letter from us?
We usually answer---
COUNCILMAN NICKLES: This has been going on for twelve years.
MR. FREIN: You mentioned the one--did we respond?
COUNCILMAN NICKLES: There has been response but I hate to say t~is
to you, because I realize you're ou~ here trying to respond to this
problem, but I can tell you that from my point of view I don't think
the State Department of Transportation is very responsive to the people
of this Town and its government in the past dealings we've had with
you and if you want to take a message back to the commissioner, you
might well take that back with you.
MR. FREIN: I'd be happy, to.
COUNCILMAN NICKLES: But I'd appreciate some kind of update because
I feel we've been getting a run-around on this for some time.
MAY 10, 1983
MR. FREIN: I'm not familiar .~.i~ ~A~ ~rticular question.
COUNCILMAN NICKLES: As I said, I'm not taking you to task on this,
but as a representative here from the Department of Transportation.
SUPERVISOR PELL: If you 'could look into it and respond to it. There
have been communications with--I don't know who signed them--could
have been Hoffman.
MR. FREIN: Probably was Hoffman. He signs the letters.
SUPERVISOR PELL: I think we have correspondence here and I'm sure
you have it in your office too.
MR. FREIN: I'll talk to the investigator and see where it stands.
COUNCILMAN NICKLES: I appreciate it.
SUPERVISOR PELL: Anybody else on the Board want anything to say?
If not, as I said before, we want to thank the commissioner for
sending yo~ out here and we look forward to hearing from you in
two weeks.
MR..FREIN: Very good.
SUPERVISOR PELL: Thank you very much. Have a safe trip back.
I. REPORTS.
SUPERVISOR PELL: These reports are placed on file with the Town
Clerk if anybody wishes to review them they can do so at the
Town Clerk's Office or my office.
1. Monthly report from the Trustees (April 1983).
2. Supervisor's monthly budget report (April 1983).
3. Town Justice Price's monthly report (April 1983).
4. Town Clerk's monthly report (April 1983).
5. Building Inspector's monthly report (April 1983).
Chief of Police's monthly report (April 1983).
7. Fishers Island Ferry District's monthly report (April 1983).
8. Highway Department's monthly report (April 1983).
9. Town Justice Tedeschi's monthly report (April 1983).
10. Councilmen's reports. Joe?
COUNCILMAN TOWNSEND: Bill, as I said, just a few things considering
the length of our agenda tonight. One thing I forgot to mention this
morning was Frank and I and Ruth Oliva met with Scott Davis who is
representative of Max Plank Institutes Retrench System. It's a very
interesting system and the Environmental Protection Agency is using
it as a--in their seminars on handling of sewage and even sewage
sludge. The way it works is it's--we experimented with it in
Greenport and now they've perfected it even more and the way it works
is the affluent is run through a series of trenches and lot of the
coloform bacteria and solids are removed by the plants. I can't
remember the percentages off hand, but as it was explained to us
it's significantly less expensive than any kind of bricks and mortar
solution that a developer may come up wit~ or a small cluster unit
may come up with, and it's also easier to maintain and more reliable
than a conventional cesspool system. So it seems to have a lot of
advantages and we referred him to the Planning Department so that
they could take a look at it.--The' Laadmar'k Commission had its
first meeting this month and they decided on their initial goals,
which a. re describe'd in their minutes, which are available at the
Town Clerk's Office. They are going to Try to designate those
buildings prior to 1800 initially, get the stationery printed up
and sent out letters. On that same vein I also talked to Austin
O'Brien again, he called me from the Department of State Antiquities
and the Hartranft house, which has received some publicity of late,
is considered to_be a prime canidate for the Federal Register of
Historic Buildings according to the papers I filled out and sent
in to Mr. O'Brien. I also talked with Robert McKay who is with
the Long Island Association of Antiquities and he's very interested
in preserving that house as well. He came out to look at it.--I
attended the Suffolk County College Marine Science Center at their
annual open house and it was the first ~ime--I'm embarrassed to say
it's the first time I'd been there, but it's a very fascinating
facility and it serves this community well in that it monitors our
local waters and keeps track of what's going on with the local
mariculture. It also provides very good training for both local
78 MAY 10, 1983
and county residents in marine sciences.--Lastly, I was pleased
to visit the--I think Bill can tell you more about this--but I was
pleased to visit the machine that Suffolk County has provided us
in the Senior/Youth Center for purified water. It's quite a device.
I looked at it with the technician that put it in. It supplies two
kinds of water absolutely pure tasteless water and then another kind
which leaves the minerals in and kills the--or eliminates the
nitrates and theoretically the pesticides. That's it.
SUPERVISOR PELL: Thank you. John?
COUNCILMAN NICKLES: I made two reports earlier in the Work Session,
one on computerization of the Town Halt and one on Kenney's Beach.
They're both on file with the Town Clerk inasmuch as we're approaching
65 resolutions tonight, I think we'I1 dispense with that.' Anybody
that's interested about Kenney's Beach they can talk to me afterwards.
SUPERVISOR PELL: Frank?
COUNCILMAN MURPHY: I'll just mention one thing, and only because
it's so very important and that is that Councilmen Murdock, Townsend,
myself, and Superintendent of Highways Ray Dean did meet with Jim
Hyle who is in charge of landfills for D.E.C. We had a very nice,
pleasant meeting, but he was very emphatic that Southold Town'does
have to change its ways. We told him we are in the process of
changing the ways of the operation of the landfill. He was veFy
pleased to hear that, but he wants to see action. We will have, in
the very near future, we will have some drastic changes down there,
much to the happiness of anybody who lives around there. We are
going to definitely have to move in the right direction. It's been
too long. That's it, Bill.
SUPERVISOR PELL: Judge?
JUSTICE EDWARDS: A couple of things. Number one, it's good to be
back in the United States. I was over in Germany for three weeks
and East Germany for half a day and half a day was too long and
it's a privilege to be back here in a free country. Secondly, I'd
like to recognize now Investigator Greg Gentile who is sitting in
the back there. I had to twist his arm, it's in a sling,
him here. He was a Trooper with us on Fishers Island last year
and he did, excuse the quote, a "hell of a job for us" and I'm
sorry'he's being kicked upstairs and he won't be able to be over
there doing the same job this year, but I think he's going
vacation over there. He kinds of likes it. It's a pleasure~to
see him here. Thank you, Bill.
SUPERVISOR PELL: Thank you, Judge.
II. PUBLIC NOTICES.
COUNCILMAN MURPHY: 1. United States Environmental Protection
Agency concerning the Fishers Island Sewer System. Comments .have
to be in by May 19th. This is posted on the Town Clerk's Bulletin
Board.
2. Complete Application to place approximately 10,000 cubic
yards of dredged spoil on 900 linear feet of beach to a point
approximately 70 ft. below mean high water as beach nourishment.
The dredging was previously approved in DEC permit. Location is
500 feet east of Wickham Creek between Holden Avenue and Hamilton
Avenue in Cutchogue Harbor. Town of Southold is the applicant to
the New York State Department of Environmental Conservation, Comments
to the D.E.C. by May 20, 1983. This again is posted on the ToWn .....
Clerk's Bulletin Board.
3. Application of Armando Cappa, c/o Sound Shore Excavating
to the N.Y.S. Department of Environmental Conservation for placing
800 yards of fill on his property between Main State Road and Old
Main South Road, Arshaomomaque, and excavate 450 cubic yards of
material. Comments to D.E.C. by May 20, 1983. This is also on the~
Town Clerk's Bulletin Board.
4. Complete Application to the N.Y.S. Department of Environmental
by Robert and Jean Lenzner, P. O. Box 579, Mattituck, to create a four
lot subdivision, Lots 1 and 2 fronting on Long Island Sound and Lots
3 - 16.707 acres, and Lot 4 - 14.506 acres. Commen~s to D.E.C. by
May 27, 1983. Again, this is posted on the Town Clerk's Bulletin
Board for you to read.
~AY 10, 1983
5. Complete Application of R~b~t. Johnsen to the N.Y.S. Depart-
men~ of Environmental Conservg~;*'~O~'freshwater wetlands To construct
a single family dwelling approximately 75 ft. landward of freshwater
wetlands edge and place sanitary system approximately 100 ft. landward
of freshwater wetlands edge. Truman's Path, 1150 ft. south of the
Main Road, Marion Lake, East Marion. Comments to N.Y.S.-D.E.C. by
May 27, 1983. Again this is posted on the Town Clerk's Bulletin
Board.
III. COMMUNICATIONS.
SUPERVISOR PELL: Under communications we have seven that are on the
agenda today, as follows:
1. Petilion to Dredge Jockey~Creek signed by 133 individuals.
The petition reads as follows: "We, the undersigned, request that
every effor~ be made to have Jockey Creek dredged (at least that
portion west of present bridge) while the bridge is out to enable
a new one ~o be constructed. The necessity for this dredging is
the result of silt being washed into our creek through the drain
beneath Route 25 from the farmlands that border on Ackerly Pond
Lane. After years of this runoff,~the creek has filled so badly
that at low tide, there is hardly any water covering this mud and
the odors that are given off would indicate that a health hazard
is not far off. In our opinion, it makes good economic sense while
the bridge is out, to take care of this much needed dredging and
return the creek to its natural healty state."
2. Letter from the Mattituck Chamber of Commerce urging the
dredging of the entrance to James Creek.
3. Letter from Joella Vreeland, Mattituck, apprising the
Board of the fact their neighbo~ Mr. Katos, has again plowed up
the public road, Central Drive, and is planting a garden. This
leYter will be turned over to the Superintendent of Highways for
disposition.
4. Letter from the Southold Town Baymen's Association, Inc.
recommending the transplant clams te placed in Hallock Bay, Orient,
and Mill Creek, Southold, and signs be posted and the press notified
that those two locations are closed for thirty days to allow the
transplat clams to spawn.
5. Letter from the Greenport-Southold Chamber of Commerce
thanking the Town of Southold for making the educational programs
put on by the Police Department available to the public, and
commending Officers Sidor and White for their presentations.
6. Letter from John Hurter requesting that he be permitted
to remain with the Town's group health insurance plan.
7. Letter from the Griswold-Terry-Glover Post, No. 803,
American Legion, inviting the Town officials to participate in
the Memorial Day Parade to be held on Monday, May 30th at 10 A.M.
IV. HEARINGS. - There were three Local Law hearings and seven
Wetland Application hearings held in the afternoon. Decisions
on all but one Local Law are under resolutions.
V. RESOLUTIONS.
1. Moved by Justice Edwards, seconded by Councilman Townsend,
WHEREAS, Robert V. Rider, Jr.. applied to the Southold Town Board
for a permit under the provisions of the Wetland Ordinance of the
Town of Southold, application dated December 21, 1983,. and
WHEREAS, the said application was referred to the Southold Town
Trustees and Southold Town Conservation Advisory Council for their
findings and recommendations, and
WHEREAS, a public'hearing was held by the Town Board with respect
to sgid application on the 19th day of April', 1983, at which time
all interested persons were given an opportunity to be heard, now,
therefore, be it
RESOLVED that Robert V. Rider, Jr., be granted permission under
the provisions of the Wetland Ordinance of the Town of Southold
to construct a catwalk 4 ft. by 50 ft., dock 6 ft. by 12 ft. at
his property located west of Minnehaha Boulevard and south of
Wigwam Way, on Corey Creek (west branch), Southold, New York.
Dredging is prohibited unless granted by the Southold Town Trustees.
This permit shall expire on May 10, 1984 if work has not commenced;
there shall be two inspections required; and the Town Clerk shall be
notified with the project is completed.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Supervisor Pell. Abstain: Councilman
This resolution was declared duly ADOPTED. Nickles.
MAY 10, 1983
2. Moved by Councilman Townsend, seconded by Supervisor Pell,
(a) WHEREAS, Abigail A. Wickham, Attorney, on behalf of Const.antine
P. Georgiopoulos has heretofore applied to the Southold Town-Board,
pursuant to Chapter 44 of the Code of the Town of Southold, for
permission to fill lot with approximately 1000 cubic feet of off-
site fill, in order to raise elevation five feet and construct
single-family residence at Great Pond, 180 Lake Court, Southold,
New York.
NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS:
1. That pursuant to the provisions of Article 8 of the
Environmental Conservation Law; Part 617 of Title 6 of the'New
York State Codes, Rules and Regulations, and Chapter 44 of the
Southold Town Code, the Southold T6wn Board, as lead agency, does
hereby determine that the action proposed is a Type I action and
is likely to have a significant effect on the environment.
2. That the Town Clerk shall file and circulate such determina-
tion as required by the aforementioned law, rules and code.
3. That the Town Clerk immediately notify the applicant,
Abigail A. Wickham, Attorney, on behalf of Constantine P. Georgiopoulos,
of this determination, and further request said application to prepare
a draft environmental impact statement, all in accordance wi-th said
law, rules and code.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor PelI.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: 2(b) is a hold - decision on the wetland applica-
tion of Constantine P. Georgiopoulos~
3. Moved by Councilman Murphy, seconded by Justice Edwards, it was
RESOLVED that the application of William P. Ruland, dated May 10,
1983, for renewal of a single family house trailer permit for
trailer located at the corner of Route 25 and Mill Lane, Mattituck,
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 Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
4. Moved hY Councilman Nickles, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby goes
on record in support of Assembly Bill A4887/ Senate Bill S3741 which
adds a new (7) Section 25-401 to the Environmental Conservation Law
to permit the repair of existing farm dikes, and be it furthem
RESOLVED that a copy of this resolution be forwarded to Senator
Kenneth P. LaValle, Assemblyman Joseph Sawicki, Jr., and Senator
John Dunne, Chairman of the Senate Conservation Committee.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Petl.
This reSolution was declared duly ADOPTED.
5. Moved by Councilman Murphy, seconded by Justice Edwards, it was
RESOLVED that the Southold Town Board declare itself lead agency
in regard to the State Environmental Quality Review Act in the
matter of the application of Edward R. Yanke for a Wetland Permit
on certain property located at Corey Creek, 75 Wampum Way, South'old,
New York.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
7. Moved by Councilman Townsend, seconded by Justice Edwards, it was
RESOLVED that Chief H. Daniel Winters be and he hereby is author-
ized and directed to execute an agreement, on behalf of the Town
of Southold, with Louis Netusil, d/b/a Louis Netusil & Sons~ Inc.~
Southold, New York, for the connection of a lease line alarm system
to the alarm panel of the communications console at the Southold
on certain property located at Mud Creek, off west side of Bay
Avenue, Cutchogue, New York.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
6. Moved by Justice Edwards, seconded by Councilman Townsend, 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 Roger Stoutenburgh for a Wetland Permit
MAY 10, 1983
Town Police Headquarters, Main~.~:~econi'c, New York.
Vote of the Town Board: Ayes: JustiCe Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
8. Moved by Councilman Murphy, seconded by Councilman Nickles, it was
RESOLVED that the Southold Town Board declare itself lead agency
in regard to the State Environmental Quality Review Act in the
ma~er of the application of Enconsultan~s, Inc. on behalf of
Annette Golden and Nicholas Carnes £or a Wetland Permit on certain
property located at 635 Bayshore Road, on Pipes Cove, Greenport,
New York.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Coundilman N$ckles, Supervisor Pell.
This resolution was declared duly ADOPTED.
9. Moved by Justice Edwards, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of the Town of Souzhold hereby accepts,
with regret, the resignation'of Theodore J. Heuser, a member of the
Board of Assessment Review since July 17, 1972, and offers the follow-
ing tribute to Mr. Heuser:
WHEREAS, Theodore J. Heuser, a most esteemed officer of the Town of
Southold, has retired from public service on May 10, 1983, and
WHEREAS, Theodore J. Heuser has given generously of his time and
talents in his faithful service to the Town of Southold as a member
of the Board of Assessment Review from July 17, 1972 through May
10. 1983, and
WHEREAS, his record of fine service, diligence to duty and
dedication to the Town of Southold and its people deserves the
sincere gratitude of those with whom and for whom he worked,
now, therefore, be it
RESOLVED that the Town of Southold hereby experess'their most
sincere appreciation to Theodore J. Heuser for his unselfish and
wholehearted cooperation on behalf of the Town, and extend their
best wishes for the years ahead.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: Resumes will be accepted by the Town Clerk up
until June 1st to fill the vacancy that now exists on the Board
of Assessment Review.
10. Moved by Councilman Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold will hold a
public hearing at 3:30 P.M., June 7, 1983 at the Southold Town
Hall, Main Road, Southold, New York, 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 Flood Damage
Prevention Law o£ the Town of Southold in Relation to the Reference
to the Flood INsurance Rate Map, and the Definition of Terms",
which reads as follows:
LOCAL LAW NO. 1983
A Local Law to amend the Flood Damage Prevention Law of the
Town of Southold in relation to the reference to the Flood
Insurance rate map, and the definition of terms,
BE IT ENACTED by the Town Board of the Town of Southold as follows:
The Flood Damage Prevention Law of the Town of Southold (Chapter 46 of
the Southold Town Code) is amended as follows:
I. The definition of "Breakaway Walls", contained in Section 46-5 thereof
is hereby amended to read as follows:
BREAKAWAY WALLS- Means open lattice construction
(at least 50% open), or insect screening provided no
additional supports are required for screening. Such
walls must be designed and installed to collapse under
stress without jeopardizing the structural support
of the building.
The definition of "Habitable Floor", contained in Section 46-5 thereof is
hereby deleted.
82 MAY 10, 1983
III.
following
Section 46-5 thereof (Definitions) is amended by additing thereto the
The areas of special flood hazard identified by the Federal
Insurance Administration in a report entitled "Flood Insurance
Study, Wave Height Analysis, Town of Southold, New York" pre-
pared by Dewberry and Davis, and approved December 15, 1982,
and delineated on the Flood Insurance Rate Map (FIRM), dated
June 15, 1983, together with any revisions and declared to be a
part of this chapter. Said Study and map are on file in the Town
Clerk's Office.
IV. This Local Law shall take effect immediately.
Vote of the Town Board: Ayes: Justice Edwards, Councilman'
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED. ---
11. Moved by Justice Edwards, seconded by Councilman Nickles, it was
RESOLVED that the Southold'TOwn Board declare itself lead agenhy
in regard to the State Environmental Quality Review Act in the
matter of the applicatiOn Of The Lgnd USe COmpany on behalf of
Stephen Perricone for a Wetland Permit on certain properzy loc:ated
on the west side of Beebe Drive, south of Antler Lane, on Eugene
(East) Creek, Cutchogue, New York.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor
This resolution was declared duly ADOPTED.
12. Moved by Councilman Murphy, seconded by Justice Edwards,
WHEREAS, a small business is the cornerstone of our free enterprise
system and since the birth of this country has represented opportunity,
independence, and the fulfillment of dreams for generations of
American, .a~d
WHEREAS, combining the dynamic forces of individual initiative with
an alertness to consumer needs, small business increases the ftex-- ~
ibility of our economic system and is a leading source of innovation
and technological advancement for much of our industry, and
W~IEREAS, we are indebted to small business for its contributions to
our success as a nation and dependent on its progress and vitality
for our economic well-being, and
WHEREAS, small firms employ over half of the labor force and are
leaders in employment creation and innovation, and play an important
role in expanding exonomic opportunities for women and minorities, and
WHEREAS, historically, small firms have enjoyed a special rela~ion-
ship with their communities; now they not only will be leaders in
the renaissance of their communities, but also will be in the fore-
front of American people, and
WHEREAS, by addressing the problem of excessive government regulation
and taxation, the small business person can continue to be the
investor in his or her community, investing in its people, both
served and those employed, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold, in tribute
to the courage, initiative, and hard work of the small business
men and women in our community, do hereby proclaim the week of
May 8 through May 14, 1983 as SMALL BUSINESS WEEK in the Town of
Southold~ and call upon the Chamber of Commerce, industrial and
commercial organizations, board of trade and other public and
private organizations to participate in ceremonies recogniz%ng
the contributions made by the small business men and women of lhis
Town to the progress and well-being of our people.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared ~ly ADOPTED.
13. Moved by Councilman Nickles, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby.auther-
izes Superintendent of Highways Raymond C. Dean to purchase, from
the Suffolk County Contract #LMRO61083, one (1) XL 275 Hydro Hustle~
Tractor, Model #922443, at a cost o£ $7,297.00, and one (1) XL 72"
Heavy Duty Mower Deck, Model #920280, a~ a cost o£ $2,102.00.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: Number 14 we're going to put a hold on that.
MAY 10, 1983
COUNCILMAN TOWNSEND: Bill, onfg~h~¢~i;~t~i:talked to Ray Dean and they're
talking about the parking lot in the back and the driveway on the
side and there is no public parking area at present down there and
they were hoping that we could put it on this agenda, whereas
Cutchogue and Southold do also have public parking areas in the
back. That's what this is referring to, it wasn't referring to
the front area. What I'd like to do is to---if you feel you wan~
to hold it, that's fine, but I'm ready to vote on this now.
SUPERVISOR PELL: Why don't we put it on the 24th, next meeting.
COUNCILMAN TOWNSEND: Okay.
SUPERVISOR PELL: We're going to wait on this one. - Lease agree-
men~ with the East Marion Fire District for parking and driveway
areas at the Fire House.
15. Moved by Justice Edwards, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold authorizes
the transfer of $2,700.00 from A6772.1 - Programs for the Aging,
Personal Services, into A7510.4 - Historian, Contractual Expenses,
to pay the cos~ of 168 additional pages to Liber D, Volume III.
Vote of the Town Board: Ayes:~ Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
16. Moved by Councilman Townsend, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the Cutchogue Fire Department to use Town roads for
their 16th Annual Parade and Drill to be held on Saturday, July 16,
1983 at 6:00 P.M. (rain date - Sunday, July 18, 1983 at 2:00 P.M.),
provided they secure the necessary insurance to hold the Town of
Southold harmless.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
17. Moved by Justice Edwards, seconded by Councilman Nickles, it was
RESOLVED that the Southold Town Board declare iiself lead agency
in regard to the State Environmental Quality Review Act in The
matter of the application of James M. and Ruth F. Barr for a
Wetland Permit on certain property located at Deep Hole Creek,
at 2580 Deep Hole Drive, Mattituck, New York.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: Number 18 - I placed it on the agenda today at
the request of Southampton Supervisor Martin Lang. The Town Board
reviewed it and at this time they are not ready to act upon it.
COUNCILMAN NICKLES: I am ready to act on it.
SUPERVISOR PELL: I de not have the votes to get this passed at
this time so we will---
COUNCILMAN NICKLES: That means if you never have the votes, you
never vote on anything. I'll put up the resolution.
18. Moved by Councilman Nickles, seconded by Councilman Murphy, it was
RESOLVED that pursuant to Article IX of the Constitution, the Town
Board of the Town of Southold requests the enactment of Senate bill
No. '5567, entitled, "AN ACT in relation to the zoning and planning
powe~s of ~owns and villages within the County of Suffolk". It is
hereby declared that a necessity exists for the enactment of such
legislation, and that the facts establishing such necessary are as
follows: The Town Board does not have the power to enact such
legislation by local law. Summary of specific provisions: This
act would retain the zoning and planning powers in towns in Suffolk
County, notwithstanding the fact that parts of said territory may
subsequently be incorporated into villages.
Vote of the Town Board: No: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared LOST.
19. Moved by Councilman Murphy, seconded by Councilman Nickles, it was
RESOLVED that the Town Clerk of the Town of Southold be and she
MAY 10, 1983
hereby is authorized and directed to advertise for bids for the
installation of stairs at Horton's PoinT, at the northerly~ terminus
of Lighthouse Road, Southold, New York. Bid opening: 10 A.M.,
June 2, 1983.
Vote of the Town Board~ Ayes~ Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ~kDOPTED.
20. Moved by Justice Edwards, seconded by Councilman Nickle~, it was -
RESOLVED that the Southold Town Board declare itself lead agen:c¥
in regard to the State Environmeutal Quality Review Act in the
matter of the application of Enconsultants, Inc. on behalf o~ Emily
Jensen for a Wetland Permit on certain property located a~ 360 Oak
Street, Cutchogue, New York.
Vote of the Town Board~ Ayes~ Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
21. Moved-by Councilman Murphy~ seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the Southold Senior Citizens Club, Inc. to hire one
bus, a~ a cost of $320.00, to transport their group to New York
~ on June 3, 1983 for a cruise around Manhattan Island.
Vote of the Town Board: tyes~ Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles~ Supervisor Pell~
This resolution was declared duly A~OPTED.
22. Moved by Councilman Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the Southold Senior Citizens Club, Inc. to hire one
bus, at a cost o£ $285.00, to transport their group to Westbury,.
New York on June 24, 1983 for the Westbury Gardens and Mansion Tour.
Vote of the Town Board~ Ayes~ Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
23. Moved by Councilman Nickles, seconded by Justice Edwards, it was
RESOLVED ~hat the Town Board of the Town of Southold hereby appoints
Bennett Orlowski, Jr. a member of the Southold Town Planning Board
for a five year term, effective April 30, 1983, through April 30, 1988.
Vote of the Town Board~ Ayes~ Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles. No~ Supervisor Pell.
This resolution was declared duly ADOPTED.
24. Moved by Councilman Nickles, seconded by Couacilman Murphy~ it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
the following individuals ~o the SouthoId Town Farmland Preservation
Committee, effective this date, May 10, 1983 for a one year'term,
to expire May 10, 1984~ Andre Cybulski, William H. Grigonis, Alexander
Hargrave, Bennett Orlowski~ Jr., Robert ~. Villa.
Vote of the Town Board~ Ayes~ Justice Edwards, Councilman
Townsend, Councilman Murphy~ Councilman Nickles, Supervisor~Pell~
This resolution was declared duly ADOPTED.
SUPERVISOR PELL~ Number 25 we request resumes to be in by a certain
date so we could appoint today. We have to appoint five members to
a Southold Town Water Advisory Committee. We had three names. Sub-
mitred. We are still looking for more people to serve, so again~I
will ask that resumes be in to the Town Clerk by June 1st so we. can
appoint in our first meeting in June.
COUNCILMAN NICKLES~ I'd just like to also mention for the:~press
that this committee has to report, I believe it is by Septembe~
6th, so time ~s awast~ng an~ i~ you could pu~ it in big type---
we need resumes.
26. Moved by Justice Edwards, seconded by Councilman Nickles, it was
RESOLVED that the application of Herodotus Damianos, dated April
6, 1983 for renewal of a single family house trailer permit for
trailer located at the north side of Main Road, Peconic, New
York, be and hereby is granted for a six month period.
Vote of the Town Board~ Ayes~ Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
~7. Moved by Councilman Murphy, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of the Town of Southold hereby
allocates $900.00 from A7320.4,'J0i~'t Youth~ - Account, for the
purchase of equipment for the Mattituck Slo-Pitch League's
1983 season.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman ~urphy, Councilman Nickles, Supervisor Pell. ~_
This resolution was declared duly ADOPTED.
28. Moved by Councilman Townsend, seconded by Supervisor Pell,
WHEREAS, Assembly Bill No. 6469 was introduced and referred to
the committee on environmental conservation - AN ACT to amend
the Environmental Conservation Law and State Finance Law in
relation to striped bass, and
WHEREAS, such law will be amended by adding a new Section 13-0347
to read as follows: Management of' striped bass in marine waters
notwithstanding any provision of law to The contrary:
1. Striped Bass (Morone Saxatilis) less than twenty-four
inches in total length shall not be taken, possessed, bought,
sold or offered for sale.
WHEREAS, this will increase the size limit of striped bass from
the present 16 inches to 24 inches which will impact the striped
bass fishery and cause severe economic hardship to commercial
fishermen, and
WHEREAS, there is no evidence to prove that increasing the s~ze
l~mit in New York State, while other states along the eastern
seaboard of the United States maintain different laws and size
limits, will improve the breeding success of striped bass, now,
therefore, be it
RESOLVED that the Town Board of the Town of Southold urge the
members of the New York State Legislature~Environmental Conservation
Committee not to raise the size limit of s~riped bass from its
present acceptable size, and, be it further
RESOLVED that the Town Board urge research into a standard law and
size limit being adopted by all states on the east coast visited by
this migratory fish, regardless of the name striped bass or rock.
Vote of the Town Board~ Ayes: Councilman Townsend, Councilman
Murphy, Councilman Nickles, Supervisor Pell. No: Justice Edwards.
This resolution was declared duly ADOPTED ....
- 29. Moved by Councilman Nickles, seconded by Councilman Murphy, it was
(a) RESOLVED that the Town Board of the Town of Southold here rescinds
their Resolution No. 31(a) adopted on April 19, 1983, which reads
as follows: "Resolved that the Town Board of the Town of Southold
hereby creates the position of Senior Building Inspector for the
Town of Southotd."
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
29. Moved by Councilman Nickles, seconded by Councilman Townsend, it was
(b) RESOLVED that the Town Board of the Town of Southold hereby rescinds
their Resolution No. 31(b) adopted on April 19, 1983, which reads
as follows: "Resolved that the Town Board of the Town of Southold
hereby authorizes Supervisor William R. Pell, III to apply to the
Suffolk County Department of Civil Service for the current Civil
Service List for Senior Building Inspector."
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
30. Moved by Councilman Murphy, seconded by Councilman Nickles,
WHEREAS, this Board, by resolution adopted on May 18, 1982, created
the position of Executive Administrator to the Supervisor and the
Town Board and set forth therein the job description of such
position, and
WHEREAS, the aforesaid job description was intended to include
among the duties of such position, the duties o~ Building Inspector
including the issuance of permits, certi£icates and other auth-
orizations, now, therefore, be it
RESOLVED that the Executive Administrator to the Supervisor and the
Town Board shall be the Building Inspector and shall be authorized
to issue any and all permits~ certificates and authorizations
authorized by law.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
MAY 10, 1983
31. Moved by Justice Edwards, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby goes
on record as supporting the proposal of Cross Sound Ferry. Services,
Inc. to institute ferry service from New Londo~ Connecticut To
Montauk, New York, provided this service does no~ jeopardize the
existing service from New London, Connecticut to Orient, New York.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
32. Moved by Councilman Townsend, seconded by Supervisor Pell, it was
RESOLVED that the Town Board of the Town of Southold hereby ~'
allocates $350.00 from A3640.4, Civil Defense, for the Town's.
responsibility toward the payment of insurance costs on the
Coast Guard Auxiliary's landing at Mattituck Creek.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
33. Moved by Councilman Murphy, seconded by Justice Edwards, it was
RESOLVED that Supervisor William g. Pell, III be and he hereby is
authorized and directed to execute a contract between the Town of
Southold and the New York State Department of Environment Conserva-
tion, Bureau of Shellfisheries, for the 1983 "Shellfish Resource
Promotion Project, ' to be partially funded through the D.E.C~'s
federally funded grant-in-aid program (50% reimbursement to the
Town). The program shall include (1) The relay of legal size
hard spawning clams from "deep water" to "shallow water" areas,
to supplement native spawning, and (2) The purchase and raising
of sub-legal size hard clams, and construction material for raft,
rack or similar grow-out structures.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: No. 34 we are not going to do today. (Advertise
for bids for uncertified chowder clams for spawning purposes).
35. Moved by Councilman Nickles, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold set Tuesday,
May 24, 1983, Southold Town Hall, Main Road, Southold, New York, as
time a.nd place for public hearings on the following applications for
Wetland Permits:
3:30 P.M. - in the matter of the application of John J. Farrell
for a permit under the provisions of the Wetland Ordinance of the
Town of Southold to construct dock and float at 1000 Beachwood Lane,
Southold, New York.
3:32 P.M. - in the matter of the application of Philip J.
Van Bourgondien for a permit under the provisions of the Wetland
Ordinance of the Town of Southold to construct platform, ramp, and
floating docks at Town Creek, 1285 Calves Neck Road, SoutholR, New York.
3:35 P.M. - in the matter of the application of Enconsultants,
Inc. on behalf of Benjamin Kowalchuk, for a permit under the provisions
of the Wetland Ordinance of the Town of Southold to construct a dock,
catwalk, and ramp at the east side of Wells Road, on Richmond Creek,
Peconic, New York.
3:37 P.M. - in the matter of the application of The Land Use
Company, on behalf of Robert Wendell, for a permit under the provisions
of the Wetlan~ Ordinance of the Town of Southold to install a timber
bulkhead with two returns and backfill at 1020 Glenn Road, on West
Creek extension of Goose Creek, Southold, New York.
3:40 P.M. - in the matter of the application of The Land Use
Company, on behalf of Winds Way Building Corp., for a permit under
the provisions of the Wetland Ordinance of the Town of Southold to
construct a timber bulkhead and dredge seaward of proposed bulkhead
on the westerly side of Snug Harbor Road, on Dawn Lagoon, Greenpor~,
New York.
37:42 iP.M. - in the matter of the application of James Bitses
for a permit under the provisions of the Wetland Ordinance of the
Town of Southold to construct bulkhead, dock and dredge at the
south side of Main Bayview Road, on Corey Creek, Southold, New York.
3:45 P.M. - in the matter of the application of Charles Z~hra
and Alfred Grassklaus for a permit under the provisions of the Wet-
land Ordinance of the Town of Southold to construct a retaining
wall at Eugene Creek, off east side of Eugene Road, Cutchogue, New York.
3:47 P.M. - in the matter of the application of Edward R. Yanke
for a permit under the provisions of the Wetland Ordinance of the
MAY 10, 1983~
Town of Southold to construct a catwalk and floating dock at Corey
Creek, 75 Wampum Way, Southold, New York.
3:50 P.M. - in the matter of the application of Roger Stoutenburgh
for a permit under the provisions of the Wetland Ordinance of the
Town of Southold to construct a dock at Mud Creek, off west side o£
Bay Avenue, Cutchogue, New York.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell~
This resolution was declared duly ADOPTED.
36. Moved by Councilman Nickles, seconded by Supervisor Pell, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law State Environmental Quality Review and 6NYCRR Part 617, Section
617.10 and Chapter 44 of the Code of the Town ~0f Southold, notice is
hereby given that the Southold Town Board, as lead agency for t~e
action described below, has determined that the project, which is
unlisted, will not have a significant effect on the environment.
Description of Action : Applicgtion Of John J. FgrrelI for a
Wetla.nd Permit to construct dock and float at 1000 Beachwood Lane,
on Goose Creek, Southold, New York.
The project has been determined not to have a significant
effect on the environment for the following reasons:
An environmental assessment has been submitted which indicated
that no significant adverse effect to the environment are likely to
occur should the project be implemented as planneR.
Because there has been a response from the Board of Southold
Town Trustees and Southold Town Conservation Advisory Council
indicating that this project would not have a significan~ e£fect
on the environment.
Because there has been no response in the allotted time from
the New York State Department of Environmental Conservation and
the Southold Town Building Department, it is assUmed that there are
no objections nor comments from those agencies.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
T~his resolution was declared duly ADOPTED.
37. Moved by Justice Edwards, seconded by Councilman Murphy, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law State Environmental Quality Review and 6NYCRR Part 617, Section
617.10 and Chapter 44 of the Code o£ 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 significgnt effeCt'on the environment.
Description of Action: Application of Philip J. Van Bourgondien
for a Wetland Permit to construct platform, ramp and floating dock
at Town Creek, 1285 Calves Neck Road, Southold, New York.
The projec~ has been determined not to have a significant
effect on the environment for the following reasons:
An Environmental assessment has been submitted which indicated
that no significant adverse effect to the environment are likely to
occur should the project be implemented as planned.
Because there has been a response from the Board of Southold
Town Trustees and the Southold Town Conservation Advisory Council
indicating that this project would not have a significant effect on
the environment.
Because there has been no response in the allotted time from
the New York State Department of Environmental Conservation and the
Southold Town Building Department, it is assumed that there are no
objections nor comments from those agencies.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
38. Moved by Councilman Murphy, seconded by Justice Edwards, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law State Environmental Quality Review and 6NYCRR Part 617, Section
617.10 and Chapter 44 of the Code of the Town of Southold, notice is
hereby given that the Southold Town Board, as lead agency for the
action described below, has determined that the project, which is
unlisted, will not have a significant effect on the environment.
Description of Action: Application of Enconsultants~ Inc. on behalf
of Benjamin Kowalchuk for a Wetland Permit to construct a dock, cat-
walk and ramp at the east side of Wells Road, on Richmond Creek,
Peconic, New York.
The project has been determined not to have a significant
e£fect on the environment for the following reasons:
An environmental assessment has been submitted which indicated
that no significant adverse effect to the environment are likely To
occur should the project be implemented as planned.
Because there has been a response from the Board of Southold
Town Trustees and Southold Town Conservation Advisory Council
indicating that this project would not have a significant effect
on the environment.
Because there has been no response in the allotted time from
the New York State Department of Environmental Conservation and The
Sou~hold Town Building Department, it is assumed that there are no
objections nor comments from those agencies.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
39. Moved by Councilman Nickles, seconded by Justice Edwards, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law State Environmental Quality Review and 6 NYCRR Part 617, Section
617.10 and Chapter 44 of the Code of the Town of Southold, notice is
hereby given that the Southold Town Board, as lead agency for the
action described below, has determined that the project, which is
unlisted, will not have a significant effect on the environment.
Description of Action: Application of The Land Use Company on behalf
of Robert Wendell for a Wetland Permit to install a timber bulkhead
with two returns and backfill at 1020 Glenn Road, on West CreeR
extension of Goose Creek, Southold, New York.
The project has been determined not to have a significant
effect on the environment for the following reasons:
An environmental assessment has been submitted which indicated
that no significant adverse effect to the environment are likely to
occur should the project be implemented as planned.
Becguse there has been a response from the Board of SouthOld
Town Trustees and Southold Town Conservation Advisory Council
indicating that this project would~not have a significant effect
on the environment.
Because ~here has been no respsone in the allotted time from
the New York State Department of Environmental Conservation and the
Southold Town Building Department, it is assumed that there are no
objections nor comments from thOse agencies.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resoluiion was declared duly ADOPTED.
40. Moved by.Councilman Murphy, seconded by Councilman Nickles, it was
RESOLVED that pursuan~ to Article 8 of the Environmental COnservation
Law State Environmental Quality Review and 6NYCRR Part 617, Section
617.10 and Chapter 44 of the Code of the Town of Southold, not%ce is
hereby given that the Southold Town Board, as lead agency for the
action described below, has determined that the project, which is
unlisted, will not have a significant effect on the environment.
Description of Action: Application of The Land Use Company on behalf
of Winds Way Building Corp. for a Wetland Permit to cOnstruct g~timber
bulkhead and dredge seaward of proposed bulkhead on the westerly side
of Snug Harbor Road, on Dawn Lagoon, Greenport, New York.
The project has been determined not to have a significant
effect on the environment for the following reasons:
An environmental assessment has been submitted which indicated
that no significant adverse effect to the environment are likely to
occur should the project be implemented as planned.
Because there has been a response from the Board of Southotd~
Town Trustees and Southold Town Conservation Advisory Council
indicating that this project would not have a significant effect on
the environment.
Because there has been no response in the allotted time from
the New York State Department of Environmental Conservation and ~he
Southold Town Building Department, it is assumed that there are no
objections nor comments from those agencies.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
41. Moved by Justice Edwards, seconded by Councilman Murphy, it was
RESOLVED that pursuant To Article 8 of the Environmental Conservation
Law State Environmental Quality Review and 6NYCRR Part 617, Section
617.10 and Chapter 44 of the Code of the Town of Southold, notice is
hereby given that the Southold Town Board, as lead agency for the
action described below, has determined that the project, which is
unlisted, will not have a significant effect on the environment.
MAY 10, 1983
Description of Action: Application of Charles Zahra and Alfred
Grassklaus for a WetLand Perm~t~t~6"~6~gtrUct retaining wall at
Eugene Creek, off east side of Eugene Road, Cutchogue, New York.
The project has been determinea 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~prosect be implemented as planned.
Because there has been a response from the Board of Southold
Town Trustees and Southold Town Conservation Advisory Council
indicating that this project would not have a significant effect
on the environment.
Because there has been no response in the allotted time from
the New York State Department of Environmental Conservation and the
Southold Town Building Department, it is assumed that there are no
objections nor comments from those agencies.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
42. Moved by Councilman Nickles, seconded by JusticeEdwards, it was
RESOLVED that pursuant to Article IX of the Constitution, the
Town Board of the Town of Southold requests the enactment of
Senate bill No. 5906, entitled, "AN ACT to amend chapter six
hundred sixty-nine of the laws nineteen hundred forty-seven,
relating ~o 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
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 establishing of capital reserve funds."
It is hereby declared that a necessity exists, for the enactment of
such legislation, and that the facts establishing such necessity are
as follows: The Town Board does not have the power to enact such
legislation by local law. Purpose: 1. Increase the aggregate bond
indebtedness from $750,000 to $950,000. 2. Authorize the increase
in the petty cash fund from $500 to $1500. 3. To allow the creation
of a capital reserve fund.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
43. Moved by Supervisor Pell, seconded by Councilman Nickles, it was
RESOLVED that the Southold Town Board dec%are itself lead agency
in regard to the State Environmental Quality Review Act in the
matter of the application Of Enconsultants, Inc. on behalf of
Daniel Silverman for a Wetland Permit on certain proper~y located
at Wunnaweta Road, on Wunnaweta Pond, Nassau Point, Cutchogue, N.Y.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor
Pell.
This resolution was declared duly ADOPTED.
44. Moved by Justice Edwards, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the following transfer within the ~ishers Island Ferry
District 1983 Budget: $37.92 from Operation Ferry to Bonded
Indebtedness.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
45. Moved by Councilman Murphy, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Victor J. Przepiora as a part-time Traffic Warden, as needed, for
the Southold Town Police Department, effective immediately, at a
salary of $4.25 per hour.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: Number 46 is a hold, we don't have the proper State
legislation approved and signed by the governor yet for us to act on
it (four year terms for the Town Trustees). We will be in gouch with
Assemblyman Sawicki and Senator LaValle to see if they can't get it
approved and back into our hands before June 10th so on June 10th we
can act upon it, if not before. If they cannot do this we will have
to wait for another year.
8¸9
MAY 10~ 1983
47. Moved by Councilman Townsend~ seconded by Supervisor Pell, it Was
RESOLVED that The Town Board of the Town of Southold hereby adopts
the following revised Section 8 Very Low Income Limits, and incorp-
orates same in the Housing Rehabilitation Programs for Years VIII
and IX~
Number of Persons
in Family
1
2
3
4
5
6
7
8+
Very Low Income
Limits
$117750.00
$13 400.00
$15 O5O.OO
$16 750.00
$18 100.00
$19 450.00
$20 750.00
$22 100.00
Vote of the Town Board~ Ayes~ Jutice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles~ Supervisor Pell.
This resolution was declared duly ADOPTED.
48. Moved by Councilman Townsend, seconded by Supervisor Pell, it was
RESOLVED that lhe Town Board of the Town of Southold hereby adopts
the following project budgets for the Year'VIII and Year IX Housing
Rehabilitation Programs~
HOUSING'REHABILITATION 'PROGRAM (Year VIII)
Owner/OccupanT Assistance Program $20,000.00
Clearance and Demolition Program. $ 5,000.00
Lease and Improvement Program- $30,000.00
Rental Assistance Program ...... ~ ........ .$20,000.00 ....
Total. .. $75,000.00
HOUSING REHABILITATION PROGRAM (Year IX)
Owner/Occupant Assistance Program $20,000.00
Clearance and Demolition PrOgram $ 5,000.00
Lease amd Improvement Program ..... $40,000..00
Rental Assistance Program ...... ~$20,000.00
Total $8.5,000.00
Vote of the Town Board~ Ayes~ Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
49. Moved by Justice Edwards~ seconded by Councilman Townsend, it was
RESOLVED that Supervisor William R. Pell, III be and he hereby
is authorized and directed to execute an application to the...-.
County of Suffolk for an additional $54,000.00 in Job BilZ~fU~s,
to be used under the Southold Town Community Development Prog~.am
for the construction of buildings at the Landfill site in Cutchogue,
New York.
Vote o£ the Tow~ Board~ Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor pell.
This resolution was declared duly ADOPTED.
50. Moved by Councilman Nickles, seconded by Councilman Murphy~
WHEREAS, Ronald W. King, Field Representative of the Civil~:Ser~ice
Employees Association, Inc., by letter dated April 26, 1983~reqUeS~ed
that a Step III Grievance He,ring be held by the Southcld Town, Board
on the alleged grievance of Joh~ HUt~er, and
WHEREAS, the alleged grievance was denied by Supervisor william R.
Pell~ III on April 5, 1983, and
WHEREAS, Section A105-4 of the Grievance Procedure requires that a
review and determination by the Town Board, shall be requested.within
ten (10) days after the determination by ~he immediate supervisor
of such employee, now, therefore~ be it
RESOLVED that a review by the Town Board be and the same hereb~ is
denied as being time barred.
Vote o£ the Town Board~ Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy~ Councilman Nickles, Supervisor Pell;
This resolution was declared duly ADOPTED.
51. Moved by Councilman Murphy, seconded by Justice Edwards,
WHEREAS, a proposed Local Law No. 5 - 1983 was introduced at a
meeting of the Southold Town Board held on the 5th day of April,
1983, and
WHEREAS~ a public hearing was held thereon by the Board on the
10th day of May, 1983, at which time all interested persons were
given an opportunity to be heard thereon, now~ therefore, be it
RESOLVED that Local Law No. 5 - 1983 be enacted as follows:
LOCAL LAW NO. 5 - 1983
A Local Law in Relation to ~M~0r±ng and Anchoring of Boats.
BE IT ENACTED by the Town Board of the Town of Southold as Followsi
Article III of Chapter 32 of the Sou~hold Town Code is hereby amended as
follows:
t. Section 32-31 (Definitions) is amended by adding the following terms
the re to:
PERMANENT MOORING - the securing of a boat in a harbor
on a seasonal or annual'basis by mesns of the placing of a
fixed mushroom anchor in the harbor bottom.
TEMPORARY ANCHORING - the securing of a boat in a harbor
on a temporary basis by means of an anchor carried aboard the
boat.
II. By adding a new Section t5 said Article to be Section 32-39 to read as
folIows:
§ 32-39 - Mooring and Anchoring
No boat shall be so moored or anchored that it at any 'time rests
within any channel, or interferes with the full use of such
channel, nor shall any boat be moored or anchored within
fifty (50') feet of any dock, pier,or other boat docking facilities.
§32-39A - Anchoring in Mattituck Creek
All boats owned by non-residents of the Town of Southold
temporarily anchoring in Mattituck Creek shall anchor only in
the Federal anchorage area located near the head of said creek.
The Town Board of Trustees shall cause said anchorage area to
be suitably designated by appropriate buoys or markers, and
shall also cause suitable signs to be placed at appropriate
locations in said creek to direct boaters to such anchorage area.
§32-39B - Anchoring and Mooring in West Harbor
1. All boats temporarily anchoring in West Harbor at Fishers
Island shall anchor north of Goose Island.
2. Permanent Mooring in West Itarbor.
(a) All_permanent moorings shall be located south of
buoy N" 10".
(b)
No permanent mooring shall be placed unless authorized
by a permit duly issued by a Bay Constable or deputy or
assistant Bay Constable.
(c) The following fees shall be paid upon the issuance ~f a-
mooring permit, to wit:
Size of Boat Permit Fee
up to 25 ft.
26 ft. to 35 ft.
over 35 ft.
Ail non-residents
$10.00
$25.00
$5O. 00
$50.00
HI. This Local Law shall take effect immedi~ely.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
52. Moved by Councilman Townsend, seconded by Supervisor Pell,
WHEREAS, a proposed Local Law No. 6 - 1983 was introduced at a
meeting of the Southold Town Board held on the 5th day of April,
1983, and
92 MAY 10, 1983
53e
54.
55.
WHEREAS, a public hearing was held thereon by the Board on the
lOth day of May, 1983, at which time all interested persons were
given an opportunity to be heard thereon, now, therefore, be it
RESOLVED that Local Law No. 6 - 1983 be enacted as follows:
LOCAL LAW NO. 6 - 1983
A Local Law in Relation to the Taking of Shellfish by Guests.
BE IT ENACTED by the Town Board of the Town of Southold ss follows':
Sub-division D 'of Section 77-20'2 of Article II of the Shellfish Law of the
Town of Southold is hereby amended to read as follows:
Shellfish may be taken from town waters .for non-commercial purposes
without' obtaining a permit therefor by a guest when accompanied by a
permanent resident in whose dy;oiling such guest occupies living
quarters, .provided that such permanent resident is the holder of a
valid shellfish permit. Notwithstanding any other provisions of this
article, the quantity of shellfish taken by a guest or guests shall be
added to the quantity taken by the permanent resident accompanying
the guest or guests, and the total amount thereof shall not exceed, in
the aggregate, the maximum daily quantity prescribed in this Articte
for such permanent resident.
§2. This Local Law shalltake effectimmedi~ely.
Vote of the Town Board: Ayes: Justice Edwards, Couhcilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Poll.
This resolution was declared duly ADOPTED.
Moved by Councilman Nickles, seconded by Councilman Murphy,
WHEREAS,-The Land Use Company, on behalf Of 'virginia'G.- Jones,
applied for a permit under the provisions of the Wetland Ordinance
of the Town of Southold, application dated December 19,. 1982, and
WHEREAS, said application was referred to the Southold Town Trustees
and Southold Town Conservation Advisory Council for their findings
and recommendations, and
WHEREAS, a public hearing was held by the Town Board with respect
to said application on the lOth day of May, 1983, at which time all
interested persons were given an opportunity to be heard, now,
therefore, be it
RESOLVED that The Land Use Company, on behalf of Virginia G. Jones,
be granted permission under the provisions of the Wetland Ordinance
of the Town of Southold to construct a ramp and float and dredge at
Budds Pond, at the end of Willow Point Road, Southold, New York.
This permit shall expire on May~10, 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 Nickles, Supervisor Poll.
This resolution was declared duly ADOPTED.
Moved by Justice Edwards, seconded by Councilman Nickles,
WHEREAS, The Land'Use Company,~'on behaIf Of 'P~trick'C~rrig, applied
to the Southold Town Board for a permit Under'the proVisions Of the
Wetland Ordinance of the Town of Southold, application dated February
21, 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 respect to
said application on the 10th day of May, 1983, at which time all
interested persons were given an opportunity to be heard, now,
therefore, be it
RESOLVED that The Land Use Company, on behalf of Patrick Carrig, be
granted permission under the provisions of the Wetland Ordinance of
the Town of Southold to construct a dock, ramp and float at Eugenes
Creek, off east side of Eugene Road, Cutchogue, New York. ~This permit
shall expire on May 10, 1984 if work has not commenced; there shall be
two inspections required, and the Town Clerk shall be notified when
project is completed.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor PelI.
This resolution was declared duly ADOPTED.
Moved by Councilman Murphy, seconded by Councilman Nickles,
WHEREAS, Enconsultants~ Inc.~ on behalf of Petersen Towing Corp.~
the
MAY 10, 1983
applied to the Southo~d Town Bo~ar~.~O~ia permit under the provisions
of the Wetland Ordinance o£. the~ ~0~'~ Southold, application dated
March 2, 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 respect to
said application on the 10th day of May, 1983, at which time all
interested persons were given an opportunity to be heard, now,
therefore, be it
RESOLVED that Enconsultants, Inc., on behalf of Petersen Towning Corp.
be granted permission under the provisions of the Wetland Ordinance of
the Town of Southold to construct a retaining wall with return, and
backfill at right-of-way off Naugles Drive, on Mattituck Creek, Mattituck,
New York. This permit shall expire on May 10, 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 Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
56. Moved by Councilman Townsend, seconded by Justice Edwards,
WHEREAS, Enconsultants, Inc., on behalf of Genevieve Robinson,
applied to the Southold Town Board for a permit under the provisions
of the Wetland Ordinance of the Town of Southold, application dated
March 2, 1983, and
WHEREAS, said application was referred to the Southold Town Trustees
and Southold Town Conservation Advisory Council far their findings
and recommendations, and
WHEREAS, a public hearing was held by the Town Board with respect to
said application on the 10th day of May, 1983, at which time all
interested persons were given an opportunity to be heard, now,
therefore, be it
RESOLVED that Enconsultants, Inc., on behalf of Genevieve Robinson,
be granted permission under the provisions of the Wetland Ordinance
of the Town of Southold to construct retaining wall with return, and
backfill at right-of-way off Naugles Drive, on Mattituck Creek, --
Mattituck, New York. This permit shall expire on May 10, 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 Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
57. Moved by Justice Edwards, seconded by Councilman Nickles,
WHEREAS, Costello Marine Contracting Corp., on behalf of Howard
Stabile, applied to the Southold Town Board for a permit under the
provisions of the Wetland Ordinance of the Town of Southold, applica-
tion dated March 4, 1983, and
WHEREAS, said application was referred to the Southold Town Trustees
and Southold Town Conservation Advisory Council for their findihgs
and recommendations, and
WHEREAS, a public hearing was held by the Town Board with respect to
said application on the 10th day of May, 1983, at which time all
interested persons were given an opportunity to be heard, now,
therefore, be it
RESOLVED that Costello Marine Contracting Corp., on behalf of Howard
Stabile, be granted permission under the provisions of the Wetland
Ordinance of the Town of Southold to construct bulkhead with two
returns, dock, and~dredge and place spoil behind the bulkhead at
"Beach Area", south of Osprey Nest Road, on Gull Pond, Greenport', N~
York, PROVIDED the dredging conforms to the D.E.C. approval. This
permit shall expire on March 10, 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 Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
i 58. Moved by Councilman Nickles, seconded by Justice Edwards,
WHEREAS, Joseph Marrapodi applied to the Southold Town Board for
a permit under the provisions of the Wetland Ordinance of the Town
of Southold, application dated March 11, 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 ~oard with respect to
said application on the 10th day of May, 1983, at which time all
MAY 10, 1983
interested persons were given an opportunity to be heard, now~
therefore, be it '
RESOLVED That Joseph Marrapodi be granted permission under the
provisions of the Wetland Ordinance of the Town o~ ~outhold to
construct ramp, dock and floating dock at Eugene Creek, at 4115
Stillwater Avenue, Cutchogue, New York, PROVIDED The underside of
the catwalk be at least 18 inches above the spartina grass. This
permit shall expire on May 10, 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 Nickles, Supervisor PeII.
This resolution was declared duly ADOPTED.
59. Moved by Councilman Nickles, seconded by Justice Edwards,
WHEREAS, J. ~. Geideman, on behalf of Albert Roke, President o~f
New Suffolk Shipyard, applied to the Southold Town Board for a
permit under the provisions of the Wetland Ordinance of the Town
of Southold, application dated March 21, 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 respect
to said application on the 10th day of May~ 1983, at which time all
interested persons were given an opportunity to be heard, now,
therefore, be it
RESOLVED that J. ~. Geideman~ on behalf of Albert Roke, President
of New Suffolk Shipyard, be granted permission under the provisions
of the Wetland Ordinance of the Town of Southold to dredge and
construct bulkhead at Schoolhouse Creek~ of£ east side of New
Suffolk Avenue, New Suffolk, New York. This permit shall expire
on May 10~ 1984 if work has not commenced; there shall be two
inspectidns 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 Nickles, Supervisor Pell.
This resolution was declared duly tDOPTED.
SUPERVISOR PELL~ Does any Town Board member, Councilman or Judge
like to add anything?
COUNCILMAN TOWNSEND: I'd just like to make one comment f~r the
record -- this is a record number of resolutions that the Town Board
has addressed tonight.
SUPERVISOR PELL~ Does anybody wish to address the Board? Mr. Frank
Bear?
MR. FRANK BEAR, Southold~ Let's go home.
SUPERVISOR PELL: That's Resolution No. 60.
Moved by Supervisor Pell, seconded by Councilman Townsend, it was
RESOLVED that this Town Board meeting be and hereby is adjourned
9~05 P.M.
Vote o£ the Town Board~ Ayes~ Justice Edwards~ Councilman
Townsend, Councilman Murphy, Councilman Nickles~ Supervisor Pell.
This resolution was declared duly ADOPTED.
* * *
Judith T. Terry ~
Southold Town Clerk-