HomeMy WebLinkAboutTB-07/05/1983SOUTHOLD TOWN BOARD
JULY 5, 1983
WORK SESSION
9:00 A.M. - The Board began auditing outstanding vouchers.
9:15 A.M. Police Chief H. Daniel Winters met with the Board to
explain the need to hire three additional police orders in order
to have five police officers on a squad.
EXECUTIVE SESSION
9:20 A.M. The Board discussed hiring of police officers from
the civil service list.
WORK SESSION
9:30 A.M. - The Board continued the audit of the vouchers.
10:00 A.M. - Mr. Stephen Van Cook, Senior Valuation Engineer, Water
Division, New York State Department of Public Service, and George
A. Batjer, Chief Engineer Technician, met with the Board to bring
them up to date on the C&pzain Kidd Water Company. Neither Well
#1 or Well #2 are producing properly, and there was ~n ouzage this
past weekend. Approximately $5,000 has been spen~ in getting Well
#2 back on line and install a production meter. There is approx-
imately $6,000 left in the account toward the installation of a
third well, but that is far from enough. The system cannot meet
its peaks and the only thing Mr. Van Cook can recommend is that
the compnay be allowed to collect more money to build another Well.
Mr. Batjer who monitored the repairs stated that on July 15th a
well driller will come in and analyze the drawdown on both wells,
then the Public Service Commission will be able to make a recommenda-
tion. Mr. Steve Tsontakis, owner of the Captain Kidd Water Company,
explained that the needed third well was never installed because of
the slowness of the P.S.C. to approve the surcharge which time-lapse
resulted in the pending loan being withdrawn. Councilman Townsend
said he felt it was time for the Town Board to go ahead with the
feasility study. John Epidy spoke against the study, and Mrs.
Cleo Tsounis urged the Board to go ahead with it, as did approx-
imately thirty other residents from the Captain Kidd area who were
in the audience.
11:05 A.M. - Mr. Steve Tsontakis, representing Thomas and Jacqueline
Occhiogrosso, asked the Board to schedule a public hearing prior
to receip~ of the Trustees and Conservation Advisory Council
recommendations. The Board refused to deviate from their procedure
and policy.
11:30 A.M. - Mrs. Gladys Csajko and Mrs. Joan Gronau of the North
Fork Animal Welfare League~ Inc., and James McMahon, Southold Town
Community Development Direcror, me~ with the Board to seek their
help in constructing twelve new runs at the Dog Pound in Peconic.
Mrs. Csajko presented a sketch she had drawn for the proposed -~ -
addition and it was discussed by the Board. It was suggested that
before going further, architect's plans should be drawn. Councilman
Townsend said he would contact Lyle Meredith concerning same.
11:45 A.M. - The Board began reviewing the agenda.
12:30 P.M. - Recess for lunch.
2:00 P.M. - Work Session reconvened and the Board resumed reviewing
the agenda.
3:00 P.M. - Recess for a public hearing on the Wetland application
of Enconsultants, Inc. on behalf of AnneTte Golden and Nicholas
Carnes.
July 5, 1983
3:10 P.M~ - Work Session resumed and the Board continued reviewing
agenda and off-agenda items.
3:45 P.M. - Work Session adjourned.
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on
Tuesday~ July 5~ 1983 at the Southold Town Hall, Main Road,
Southold, New York. Councilman (Deputy Supervisor) Murphy
opened the meeting at 7:30 P.M. with the Pledge of Allegiance
to the Flag.
Present: Councilman Francis J. Murphy, Deputy Supervisor
Councilman John J. Nickles
Councilman Lawrence Murdock, Jr.
Councilman Joseph L. Townsend, Jr.
Justice Raymond W. Edwards
* * *
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
Absent: Supervisor William R. Pell, III (hospitalized)
~COUNCILMAN MURPHY: Supervisor Pell is in the hospital with kidney
stones. Right now he's not in pain, but every time they move he's
in great pain. Hopefully he'.ll be out very shortly.
Moved by Councilman Nickles, seconded by Justice Edwards, it was
RESOLVED that the following audited bills be and hereby are approved
for payment: General Fund Whole Town bills in the amount of
$67,917.30; General Fund Part Town bills in the amount of $20,081.35;
Highway Department bills in the amount of $55,884.76 and $1,042.36;
and Fishers Island Ferry District bills in the amount of $36,864.17.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles.
This resolution was declared duly ADOPTED.
Moved by Councilman Murdock, seconded by Councilman Nickles, it was
RESOLVED that the minutes of the Regular Meeting of the Southold
Town Board held on June 21~ 1983 and the minutes of the Special
Meeting of the Southold Town Board held on June 24, 1983 be and
hereby are approved.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles.
This resolution was declared duly ADOPTED.
Moved by Councilman Nickles, seconded by Justice Edwards, it was
RESOLVED that the next Regular Meeting of the Southold Town Board
will be held aS 3:00 P.M.~ Tuesday, July 19~ 1983 at the Southold
Town Hall, Main Road, Southold, New York.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles.
This resolution was declared duly ADOPTED.
I. REPORTS.
COUNCILMAN MURPHY: These reports are on file in the Town Clerk's
Office and anyone who wants to see them may do so there.
1. Supervisor's monthly report (June 1983).
2. Town Clerk's monthly report (June 1983).
3. Town Trustee's monthly report (June 1983).
4. Councilmen's reports. I move first to Councilman
Townsend.
COUNCILMAN TOWNSEND: I have nothing to report, Frank, at this time.
COUNCILMAN MURPHY: Councilman Murdock?
COUNCILMAN MURDOCK: In particular I have the Landfill Committee
meeting which meeting we set up a series of guidelines for charges
tha~ we will be attempting to pass. We're going to pass that af .....
the next meetiag aren't we? We have to have the Town'Attorney go
over the list of charges that we have decided to set at the La~dfill.
We're also putting forth the numbers for a bond resolution~ th~ total
cost of which to be $595~660.00 is what we propose. Right now it
is the amount of money necessary to redo the landfill. We have
some moneys available to us - the .sum of $84,000.00 and change~
leaving us $511,000.00 to be bonded. We'll be working with the
Town Attorney to draw that up. Probably the next meeting we'll
have all of our bonding resolutions ready and our charges ready
to take effect for the first of the year. Thank you, Frank.
COUNCILMAN MURPHY: Thank you,. Larry. John?
COUNCILMAN NICKLES: I'd just like'to report that the Water Advisory
Committee of the Town Board met last week for the second meeting and
at that time still had not received the final ERM'report. However,
I'm pleased to report that the Chairman of the Committee, Frank Bear,
attended a press conference held by Peter Cohalan, the. County
Executive, in ~auppauge today and has returned with five copies for
out, committee members to begin their review and shortly the Town
Board members will be receiving the report.
~COUNCILMAN .MURPHY: Thank you, John. Judge Edward-g?
JUSTICE EDWARDS: Fishers Island is up t~ ~ts summer capacity,
about 5,000 people. A far cry' from the past winter. We had over
150 visiting yachtsmen in West Harbor on Saturday and Sunday evening.
Our mooring program is going quite well. We have over 55 registered
moorings in West Harbor now. Our Seed Cl~m Program is progressing~
the clams are over on the Island and doing good. We're waiting for
the contractor to come over and blaCktOp the'b~sketbalI courts and
we've Eot a slight hold-up on lighting the tennis court due to a
mistake by me, but it is nothing serious.
COUNCILMAN MURPHY: I'd like to report that we were contacted by
Union Carbide. They had met with the Town Board two or three weeks
ago and there's going to be a research library set up over in -
Suffolk Community College and Bill Pell had suggested to them
that they might come to Southold Town. They will be coming on
the 20th and 21st. We will have the Receiver of Taxes' office~
open and available to them. They will handle the publicity and
I wish the papers would pick it up a little early, just that if
there is anyone with concern or with any questions at all on Temik,
there will be mock-ups of filters there. There will be a slide
presentation and if anyone is concerned this is the time to come.
I'm sure Frank Bear and his committee with the water study will
study this also. At our next meeting we hope to have the bond
resolution for the Demarest property out in Orient which will make
a lot of the scallopers and fishermen on the east end of Town very
happy that we now will own a site where we could get into the cEe~k
there.
II. PUBLIC NOTICES.
COUNCILMAN NICKLES: 1. Notice of Complete Application from the
N.Y.S.-D.E.C. on behalf of Elizabeth Diefendorf to create a two lot
subdivision from a 3.5 acre parcel located at the northwest corner
of New Suffolk Avenue and Grathwohl Road in New Suffolk. Repo~ses
~r comments should be made to Daniel J. Larkin at the DEC office
· n Stony Brook on or before July 15th.
2. Notice of Complete Application from Murray SchlusseI and
Marion Sadick from the N.Y.S.-D.E.C. to subdivide property from
three lots to two lots (Lot 1 = 30,100 sq. ft., Lot 2 = 32,600 sq.
ft.) Construct single family dwellings on each lot and use excavated
material from dwelling sites for fill (approximately 445 cu. yds.
each). On Lot 1, the house will be set back 49 ft. from the high
marsh. On Lot 2, the house will be setback 56 ft. from the h~igh
marsh and fill setback 50 ft. from the high marsh. Install sanitary
systems on each lot within 30 ft. of Stillwater Avenue and a minimum
of 100 ft. landward of the high marsh. Variances are requested from
setback requirement setbacks of 75 ft. pursuant to Part 661. Pro~ect
is located on the east side of Stillwater Avenue, Eugene's Creek,
Cutchogue. The response date is July 15th to Daniel J. Larkin,
Regional Permit Administrator.
Copies of both of these notices are on the Town Clerk's
Bulletin Board and in the Town Clerk's Office.
July 5, 9,s 157
COUNCILMAN MURPHY: Thank you, John. There are two publi~ ~i~
today. One was held this afternoon on a wetland app. licati~mm~
tonight at 8:00 o'clock there will be one on the Commc~ni~~p--
menu Funds. I hope the weather isn't too bad to keep
to give us their input on where they feel this m~e~ ~shoul~.~
spent.
III. COMMUNICATIONS.
1. ~ let}er from our County Executive asking
support ~nanc~ally the County's fight ~ith LILCO~ It
over too well with the Suffolk C~u~ty ~u~ervisors ~_riag
last monthly meeting. We will su~ort ih~ ver~atly.
think we have the money to help in this fight. This also
~available in the Town Clerk's Office, but there is a~Coun~y
Attorney who is handling just this fight with LILCO and~S~
County on their ra~e increases and I'll give you his
Eugene Kelley, at 360-4055. If anyone is interested ~ou
always call Town Hall and get the n~ber if you want some
information on it.
2~ Letter from the Shelter I~land Town Board concern~ a
~cat Law establishing Suffolk County Pine Barren~
3. ~ Ieit~r from the Department of Transportation,
~ew Y~rk~ ~tifying u~ that we still will be receiving the ~/
~oney, whic~ i.~ t~e ~id to ~he E~ral Highway System.
4. Letter ~r~ the New York State Deoartment of Trans~-~n
to se~ .speed l~it~ o~ various roads in So~thold To~.
V. RESOLUTIONS.
1. Moved by Councilma~ Townsend, seconded by Councilman Murdo~, i~as
RESOLVED thai the To~ Board of the Town of Southold hereb~
authorizes the allocation of $200.00 to the Landmark Preserc~tim~
Commission fr~ ~l~.i To~ Board, Contractual~ for the p~:
of maps, ~hoi~phs ~d ~terials to develop working fold,s
a hamlet by hamlet index.
Vo~e of t~e Town Board: Ayes: Justice Edwards, Councilm~
Townsend, Co~cilman Murphy, Councilman Murdock, CouncilmaNiC.
This-resolution was declared duly ADOPTED.
2. Moved by Councilman Murdock, seconded by Councilman Nickles~ i%~s
RESOLVED that the application of Oscar Goldin, dated July
for renewal of a single family house trailer permit for tr~ier
located at Lo~ No. 69, Greenpor~ Driving Park, south side
Street, Greenport, New York, be and hereby is granted.for s~-~s.
Vo~e of the Town Board: Ayes: Justice Edwards', Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman Ni~es.
This resolution was declared duly ADOPTED.
3. Moved hy Councilman Nickles, seconded by Justice Edwards, ii
RESOLVED tha~ the Southold Town Board declare itself lead a~y
in regard to the State Environmental Quality Review Act in t~
matter of the application of The Land Use Company~ on behalf
~red J. Carcich, for a WetIand Permit on certain property 1~$~
at the end of Briarwood Lane, on E~s~ (Eugene) Creek, Cutch~ue,
New York.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilm~ Nickles.
This resolution was declared duly ADOPTED.
4. Moved by Justice Edwards, seconded by Councilman Nickles, i~ was
RESOLVED that the Southold Town Board declare itself lead a~ncy
in regard to the State Environmental Quality Review Act in ~Re
matter of the application of The Land Use Company, on behal~ of
Robsrr Patchell, for a Wetland Permit on certain property l~ated
on private road off of Westphalia Road, on Mattituck Creek,
Mat~ituck, New York.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles.
This resolution was declared duly ADOPTED.
5. Moved by Councilman Townsend, seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold, in accord-
ance with Chapter 44, Section 44-10(B) of the Code of the Town of
Southold, hereby sets 8:10 P.M., Tuesday, August 9, 1983, Southold
Town Hall, Main Road, ~outhold, New York, as time and place for ~ ~ _
5'8
July 5, 1983
hearingupon the Draft Environmental Impact Statement ~ubmitted by
Abigail Wickham, Attorney, on behalf of Nicholas Schick, for a
change of zone from "A" Residential and Agricultural District to
"M-l" General Multiple Residence District on certain property
located at Orient Point, New York.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy., Councilman Murdock, Councilman Nickles.
This resolution was declared duly ADOPTED.
6. Moved by Councilman Murdock, seconded by Councilman Nickles,
WHEREAS, the Suffolk County Department of. Public Works recommends
that the current speed limit on Oaklawn AvenUe'between Main Road
(N.Y.S. Route 25) and'Pine Neck Road be reduced to 35 mph, and
WHEREAS, such a reduction in speed-limit is made by the New York
State Department of Transportation upon a joint request by the
Southold Town Board and Suffolk County Commissioner of Public Works,
NOW, THEREFORE, BE IT RESOL%q~D that this Town Board hereby requests
the New York State Department of Transportation to reduce the speed
limit to 35 mph on Oaklawn Avenue between Main Road (N.Y.S. Route
25) and Pine Neck Road, and
BE IT FURTHER RESOLVED that the Town Clerk be and is hereb~y aut~qF-
ized to sign New York State TE9a Form and forward same~u~ the
Commissioner of the Suffolk County Department of_ k-O±ic Works.
Vote of the Town BOard: 'Ayes: Justice Edw~r~Councilman
Townsend, Councilman Murphy, Council~n-~2~dock, Councilman Nickles.
This'resolution was declared ddiy-~OPTED.
7. Moved by Councilman Nickles, seconded by Justice Edwards, it was
RESOLVED that the Southold Town Board declare itself lead agency
in regard to the State Environmental Quality Review Act i5 the
matter of the application of SteVe'Tsont~kis, on behalf of Thomas
and Jacqueline Occhiogrosso, for ~ Wetland Permit on certain
property located on the wes~ side of Corey Creek Lane, Lot NO. 28,
Map of Corey Creek Estates, Southold, New York.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles.
This resolution was declared duly ADOPTED.
8. Moved by Justice Edwards, seconded by Councilman Nickles, it ~as
RESOLVED that the Town Board of the Town of Southold hereby
authorizes Chief of Police H. Daniel Winters to attend the
1983 Training Conference of the New York State Association of
Chiefs of Police, at Rochester, New York, from July 31, 1983
through August 4, 1983, and necessary and legal expenses for
travel, meals, registration, and lodging shall be a legal charge
against the Tow-~ of Southold_in an amount not to exceed $500.00.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles.
This resolution was declared duly ADOPTED.
9. Moved by Councilman Townsend, seconded by Councilman Murdock,_it was
RESOLVED that the application of Maddie Miles, dated June 22, 1983,
for renewal of a single family house trailer permit for trailer
located at ~rivate road off north side of Main Road, 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 Murdock, Councilman Nickles.
This resolution was declared duly ADOPTED.
10. Moved by Councilman Murdock, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereb~ grants
permission to the Southold Town Tercentenary Committee ~o use:Town
Roads for staging and conducting "The Incredible Parade" to he held
on October 8, 1983 (rain date October 10, 1983), and hereby directs
the Town Clerk to contact the Town insurance carrier to assure-that
the Town is properly covered by insurance.
Vote of the Town Board: Ayes: Justice Edwards, Councilman . ·
Townsend, Councilman Murphy, Councilman Murdock, Councilman Niokles.
This resolution was declared duly ADOPTED.
11. Moved by Councilman Townsend, seconded by Councilman Nickles,
WHEREAS,. the Town of Southold is the governing body
of the Southold Wastewater Disposal District, herein
called the "Applicant", after thorough consideration of
the various aspects of the problem and study of available
data, has hereby determined that the planning, design and
construction of certain works, required for the treatment
July 5~ 1983
of scavenger waste, as the proposed
Southold Scavenger waste ~c~iit~] and
identified as Project Number C-36-1120-03, herein called
the "Project", is desirable and in the public interest,
and to that end it is necessary that action preliminary
to the planning, design and construction of said Project
be taken immediately; and
WHEREAS, under the Federal Water Pollution Control
Act, as amended, the united States of America has
authorized the making of grants to aid in financing
the cost of planning, design and construction of necessary
treatment works to prevent the discharge of untreated or
inadequately treated sewage or other waste into any waters
and for the purpose of reports, plans and specifications
in connection therewith; and
WHEREAS, Chapter 659 of the Laws of 1972 of the
State of New York provide financial aid for the planning,
design and construction of-~ater Quality Improvement
Projects; and
WHEREAS, the Applicant has examined and duly considered
the Water Pollution Control Act, as Amended and Chapter 659
of the Laws of 1972 of the State of New York and the
applicant deems it to be in the public interest and benefit
to file an application under these laws and to authorize
other action in connection therewith;
NOW, THEREFORE, BE IT RESOLVED BY the Town of Southold
That the filing-of application in the form required
by the State of New York and the United States and
in conformity with the Water Pollution Control Act,
as amended and Chapter 659 of the Laws of 1972 of
the State of New York is hereby ratified, affirmed
and aDproved, including all understandings and
assurances contained in said appliCations;
2. That Supervisor William R. Pell III is directed and
authorized as the official representative of the
Applicant to act in connection with the applications
and to provide such additional information as may be
required;
3. That the Applicant agrees that it will fund its
portion of the cost of said Water Quality Improve-
ment Project;
That one (1) certified copy of this Resolution be
prepared and sent to the New York State Department
of Environmental Conservation, Albany, New York,
together with the Federal and State application;
5.. That this Resolution ~ake effect immediatelY.. ....
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles.
This resolution was declared duly ADOPTED.
12. Moved by Councilman Murdock, seconded by Councilman Townsend, it was
RESOLVED that the application of Bauer F~rms, Inc., dated July 4,
1983, for renewal of a single family house ~railer permit for
trailer located a~ south side of County Road No. 48, Peconic, New
York, be and hereby is gr~nted for a six (6) month period.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock~ Councilman Nickles.
This resolution was declared duly ADOPTED.
13. Moved by Justice Edwards~ seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold hereby approves
the action of the Board of Commissioners of the Fishers Island Ferry
District in appointing the following individuals as Inspectors of
Election for the Annual Fishers Island Ferry District Election to
be held on Augus~ 9, 1983: Chairman - Edwin H. Horning, Tellers -
Katherine W. Horning and Albert D. Dawson.
160 JULY 5, 1983
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman Ni~kles.
This resolution was declared duly ADOPTED.
Moved by Councilman Nickles, seconded by Councilman Murphy, it was
RESOLVED that a recess be called at this time, 8:00 P.M., for the
purpose of holding a public hearing to allow citizens to express
views on local needs to be met with Federal Community Development
Block Grant Funds for Year X, and to hold an Executive Session.
Vote of The Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles.
This resolution was declared duly ADOPTED.
This Town. Board meeting remained in recess and the Town Board met
in Executive Session at 8:20 P.M. to discuss police personnel and
consult with the Town Attorney.
Meeting reconvened at 8:40 P.M.
14. Moved by Councilman Nickles, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
John A. Baglivi a Southold Town Police Officer, effective July 16,
1983, at a salary of $7,500.00 per annum.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman M~rdock, Councilman Nickles.
This resolution was declared duly ADOPTED.
Mr. John A. Baglivi stepped forward and handed the Town Clerk a
letter from Amy Baglivi requesting that the Town Board withdraw her
name from consideration as a SoUthold Town Police 'OffiCer.
15. Moved by Councilman Murdock, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor William R. Pell, III to execute
an agreement between the Town of Southold and HolZmacher, McLendon
and Murrell, P.C., at the sum of $7,000.00 for the preparation of
a general Map~ Plan and Report for Providing the facilities, improvD-
ments or services, hearings, meetings and description of i~J~provements
in a proposed Town Water DiStrict in the areg now Served'by'the
Captain Kidd Water Company.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickies.
This resolution was declared duly ADOPTED.
16. Moved by Justice Edwards, seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor William R. Pell, III To execute
an agreement between the Town of Southold and Sidney Bowne~ Inc.
to review the plans and site location for the proposed resource
recovery building to be constructed at the Landfill Site, at a cost
not to exceed $2,500.00.
Vote of the Town Board: Ayes: Justice Edwards, Councilman"
Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles.
This resolution was declared duly ADOPTED.
17. Moved by Councilman Townsend, seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold hereby .sets
8:00 P.M., Tuesday, August 9, 1983, Southold Town Hall, Main Road,
Southold, New York as tim~ and place for hearing on a proposed Local
Law entitled, "A Local Law to amend Chapter 100 (Zoning) of the;
Southold Town Code in relation to Area and Yard regulations~"~Which
reads as follows:
BE ~T ENACTED by the Town Board of the Town of 5outho~d as
follows:
Chapter 100 of the Southold Town Code [Zoning) is hereby amended as follows:
I. Section 100-31 thereof is hereby amended to read as follows:
Section 100-31 - Bulk and Parking Requirements
No building or premises shall be used and no building or part.
thereof shall be erected or altered in the A Residential and
Agricultural District unless the same conforms to the following Bulk,
and Parking requirements, ~o wit:
A. In the case of a lot held in single and separate ownership-prior
July 5~ !983
to Nove~nber 23, 1971 ~0~di~,t~fter, with an area of less than
forty thousand (40,000 sq. ft.) square feet, a single family
dwelling may be constructed thereon, provided that the
requirements of Column A of the Bulk and Parking Schedule
incorporated into this Chapter are complied with.
The Bulk and Parking requirements for single family dwellings
as set forth in Column A-40 of the Bulk and Parking Schedule
incorporated into this chapter shall apply to the following lots,
to wit:
(1) All lots shown on Major and Minor subdivision maps which
were granted final approval by the Planning Board
subsequent to November 23, 1971 and prior to May 20,
1983.
Ce
(2) All lots shown on Major subdivision maps upon which the
Planning Board has held a hearing for preliminary map
approval prior to May 20, 1983.
(3) All lots shown on Minor subdivision maps'that have been
granted sketch plan approval by the Planning Board prior
to May 20, 1983.
(4) All lots setoff or created by approval of the Planning
Board subsequent to November 23, 1971 and prior to May
20, 1983.
The Bulk and Parking requirements for single family dwellings
set forth in Column A-80 of the Bulk and Parking Schedule
incorporated into this chapter shall apply to the following lots:
to wit;
{1) All lots shown on Minor subdivision maps which have been
granted sketch platt approval by the Planning Board on or
after May 20, 1983.
(2) All lots shown on Major subdivision maps upon which the
Planning Board has held a hearing for preliminary map
approval on or after May 20, 1983.
(3) All lots se~off or created by approval of the Planning
Board on or after May 20, 1983.
The Bulk and Parking requirements for two family dwellings set
forth in Column A-160 of the Bulk and Parking Schedule
incorporated in this chapter sha',l apply to the following lots, to
wit:
{1) All lots shown on Minor subdivision maps which have been
granted sketch plan approval by the Planning Board on or
after May 20, 1983.
(2) All lots shown on Major subdivision maps upon which the
Planning Board has held a hearing for preliminary approval
on or after May 20, 1983.
(3} All lots setoff or created by Approval of the Planning
Board on or after May 20, 1983.
1,61
II. Section 100-34 thereof is repealed.
III. The "Bulk and Pa~rking Schedule" applicable to the "A" 'Residential and
Agricultural Districts is amended to read as follows, to wit:
BULK AND PARKING SCHEDULE
A RESIDENCE DISTRICT
SINGLE FAMILY DWELLINGS TWO FAMI'L'
DWELLINGS
A A-40 A-80 A-160
Minimum
Requirements
Total Lot area (sq. ft.) 40,000 80,000 160,00
Lot width (ft.) 150 175 27
Lot depth (ft.) 175 250 40
Front yard irt.) 35 50 60 6
One side yard (ft.) 10 15 20 3
Both side yards (.ft.) 25 35 45 5
Rear yard (ft.) 35 50 75 7
Livable floor area (sq.ft.)
per dwelling unit 850 850 850
Off-street parking spaces i
per dwelling unit 2 2 2
Maximum
Permitted
Lot coverage (percent) 20 20 20 2~
Building height
Number of stories 2.~ 2½ : 2~ 2
Feet ~35 35 35 31
IV. This Local Law shal. I take effect immediately.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock~ Councilman Nickles.
This resolution was declared duly ADOPTED.
18. Moved by Justice Edwards, seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town o£ Southold hereby
appoints Mary K. Talbot to the position of part-time Clerk in
the Accounting Department, effective June 29~ 1983~ at a salary
of $4.00 per hour.
Vote of the Town Board: Ayes: Justice Edwards~ C~uncilman
Townsend~ Councilman Murphy~ Councilman Murdock~ Councilman Nickles.
This resolution was declared duly ADOPTED.
19. Moved by Justice Edwards, seconded by Councilman Nickles,
WHEREAS, Enconsultants, Inc., on behalf of Annette Golden and
Nicholas Carne.~ applied to the Southold Town Board for a permit
under the provisions of the Wetland Ordinance of the Town of
Southold~ application dated April 26, 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 5th day of July, 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 AnneTte Golden and
Nicholas Carnes, be granted permission under the provisions of the
Wetl. and Ordinance of the Town of Southold to construct stone
revetment above the line of mean high water, using excavated
material for backfill, and trucking in additional material, if
needed, from a commercial upland source, a~ 635 Bayshore Road, on
Pipes Cove, Greenport~ New York. This permit shall expire on
July 5, 1983 if work has not commenced by said date; there ~hall
be two inspections required, and the Town Clerk shall be notified
when the project is completed.
Vote of the Town Board: Ayes: Justice Edwards~ Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles.
This resolution was declared duly ADOPTED.
20. Moved by Councilman Townsend~ seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold hereby author-
izes the transfer of the following funds within the General Fund
Whole Town A9010.8 NYS Employees Retirement - $3,000.00, and A6772.1
Programs Aging, Personal Services - $1,500.00, INTO A8830.4 Shell-
fish, Contractual $4~500.00.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles.
This resolution was declared duly ADOPTED.
21. Moved by Councilman Nickles, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby
appoints Howard W. Sawicki a Southold Town PoliCe Officer~ effective
July 16~ 1983, at a salary o£ $7,500.00 per annum.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy~ Councilman Murdock, Councilman Nickles.
This resolution was declared duly ADOPTED.
COUNCILMAN MURPHY: That's the end of the prepared and amended
agenda we have for tonight. Any of the Councilman would like
say anything?
COUNCIL~N MURDOCK: Yes~ Frank~ I was reading over the applica-
tion of Murray Schlussel and Marion Sadick and it talks about the
amount of fill to be taken from each cellar. It says 4,450 cubic
yards from each one. I hope that doesn't mean we're going to
approve bringing in 4,450 cubic yards, because that's a lot of
cubic yards and it certainly wouldn't come out of the cellar. I
don't know whether we should assume it's a typographical error or
whether we should write to the D.E.C. 445 yards would be about
what's in a cellar, if they're able to excavate to an 8 ft. depth.
I did a little aritmetic and if the house~were 24 by 39 by 9 ft.
deep, it would be 312 cubic yards, so roughly speaking~ if the
house were a little larger you could say you'd get 400 cubic yards__
ou~ of a cellar.
COUNCILMAN MURPHY: That's no where near 4450 cubic yards.
COUNCILAMN MURDOCK: I just don't know if we---you know, sometimes
when you let these things go by all of a sudden the guy says, well,
it said I could put in 4000 yards of fill and we find out we've got
the entire wetlands filled or a bridge going across to the south
shore.
TOWN CLERK TERRY: Would you like me to call tomorrow and see if
that is an error?
COUNCILMAN MURPHY: We could call on it and register our concern.
We'll do that for you. Anyone else? Joe? (Nothing.) Ray?
(Nothing.) John? (Nothing.) At this time I'd like to ask any-
one in the audience if they would like ~o say anything? Mr. Carlin?
MR. FRANK CARLIN, Laurel~ New York: Normally I tike to come up
here and say that we're almost complete with our projec~ of the
bridge and curves. Unfortunately I can't say that about the Town.
I can report some good stuff about the Department of Transportation.
All the signs are up that needed to be put up as of last Wednesday.
They started putting caution lights up today. They're about ready
to finish their end of the petition. I can't say that about the
Town. Mr. Murphy, you'prom~sed us on May the 24th that you'd have
the street I~ghts'up ~n'th~rty days. By God, it's forty-two days
in my school and I don't see no lights. When I called Dean June
the 24th he told me the street lights were still in Carolina or
Virginia. That's bad. Real bad. As far as I'm concerned you let'
the people down that signed that petition, 2800 people. I have a
lot of people come to me and they say to me~ why are you interested
in this thing for? Why are you getting involved? Why are you
calling people? Why are you dealing with the State and with LILCO?
And I say three things to them. Three reasons. One, to see that
the people that signed that petition get what they signed for. Two,
to prevent a life, and three, to prevent an accident. If I can do
those things I have satisfied my conscience. I want you to know I
took off two weeks ago out of my o~n time, a half a day, from Work~
and delt with the Department of Transportation directly in Hauppauge.
I called Hauppauge and say, "Look, the signs are almost complete~
the caution lights are not up." He says, "What?" The man's
name was Bill Armand, in charge of the signs. He says, "What?
I thought they were alt done, Frank." I said, "No, they're not
all done." And he said, "I thought the caution lights were up."
I said, "No." He said, "Well, you gonna be home this afternoon?"
I said, "No, but I'll take off from work," and he said, "I'm
coming out to your house." He come out to my house and got in
my truck and we rode along the road, I made a recommendation to
him. [delt directly with the man. Told him what he had to
change. He agreed with me~ showed me the diagram. Last wednesday
he came back and completed the signs. The signs are done. He
told me July the 5th they'd start putting the caution lights in.
They were put in. LILCO has been standing by since June the 2~th
to give you power to your lights, to give them power to their
caution lights. They will do anything they say to cooperate with
you in the street lights. Forty-two days. Dean said they're in
Carolina~ or he said some southern state, [ don't know exactly
what he-said the state was, but I think it was Carolina, or
Virginia, or whatever he said. But, anyway, that's bad. When
you make a promise to somebody in thirty days---I took full
responsibility with LILCO that you wouldn't have no problem - -
with LILCO. LILCO's ready to give you power whenever you're
ready to have the lights up. I made it that your job was just
to put the lights up. I would take the responsibility for LILCO.
And I still take the responsibility for LILCO for giving you the
power~ but they can't hook to something that isn't up. And then
you ordered half the lights. LILCO said, "Why half the lights?
Why didn't they put in all the petitions--permits at one time?
We could do the job all at once." I don't understand this logic.
Why only half? The petition said from Bray Avenue, around to ~the
curve .... from Bray Avenue up through and round the curve the petition
said. Forty-two days. The State I figured we were going to have
a hard time with the State~ but the State is almost finished with
their job and I figured with the Town, they'd get the lights up
in the third day~ but you didn't get the lights up~ you don't have
them up and it's forty-two days already. I don't understand it.
This is an area where people have been killed. This should be ~ery
important to get the job done, or don't we care? It seems to me we
don't care, because the lights should have been up there. It's a
disgrace~ I'm telling you. You let the people down on their
petition and I intend to use every media that I can use to let
the people know that you let them down with your promise. I intend
to do that, because that's how serious we consider this thing as
being done. If them lights can save one life~ that life will-be '
worth more than all the street lights you can put up there. The
State had finished almost their job, we couldn't finish ours. I
can see the State having knots--having ties--communication~ because
there's a lot of different people handling jobs there, but here
I've been coming to the Board, I've been asked what's going on~
and you gave me a promise thirty days the lights would be up. I
believed you. I believed you about---and incidentially, on the
east side of the overpass there's only three poles that don't have
secondary power and that's obsolete. LILCO will take care of yon
on that. No problem on power. You can't blame LILCO no more for
holding up the street lights. If you need a permit for the other
lights going east, tell me, I'll call Huntington--I'll get you
permits in a day. I'd like to see the lights up there. They'-re
important to be up there for the people's lives. The State has
finished their job. We should finish our job. And it's not fair
to the people who signed the petition. It's been almost two months
since we handed the petition in--May the 10th, and I don't see a
light up there yet. And I go~ta call Dean and he's gotta ~tell me
July 5, 1983
they're still down South? As Q~ June the ~4th they're still down
South? When did we Order theS~'~gh~? I could of had those lights
five times from Hawaii if I ordered them and I would of had them up
three times already. That's all I have to say. There will be more
in writings ~ause I've had it.
COUNCILMAN MURPHY~ Frank, could I comment?
MR. CARLIN: Sure you can comment.
COUNCILMAN MURPHY: I appreciate your concern, ~lways have, and
agree with you one hundred percent. I will have you an answer
tomorrow, why the lights aren't up. We were promised that they
would be up and I'll have you an afiswer tomorrow why they're not.
That's all we can do.
MR. CARLIN: I'm going to ta~e that as a secondary thought, but
you promised me things before and you never delivereds but I'm
gonna be a mans I'm gonna hope that you will get ~hem done--and
all of them, though, all of them. I don't mean jus~ half of them.
Why only half, I don't understand it. They've got to be put up
from Bray Avenue. So on the other side where the truck don't make--
when the truck sees the caution light now and he wants to back up
he's got some lights there, he can see to back up and the cars can
see him coming. Why wasn't all the lights ordered at one time?
COUNCILMAN MURPHY~ Frank, I agree with you. I'll have you an
answer. We were promised that this would be done. Unfortunately
I do not install lights or I do not order them, but I will see
why it is not done when we were promised that it will be done.
MR. CARLIN~ Frank, you are responsible for the lights, You're
over Dean on the lights. Dean tells me~ "We'll put these up and
then--first--and then we'll ge the other ones up." Okay~ now we're
talking about another--before you go through this--the way it looks
to me--it will be another two months before you get ~he other side
done. Why wasn'~ they ali ordered at one time? Why weren't all
the permits pu~ out at the one time. LILCO--LILCO--my friend
McDonald down at Hunting~on--in ~act I'll tell yous he called me
June the 24th at 3~00 o'clock. I was just ready to leave work, and
he said~ "Frank, are the lights up yet?" I said, "Unfortunately~
no." He says, "We're ready to hook them up ."
COUNCILMAN MURPHY~ You'll have an answer tomorrow.
MR. CARLIN~ And don't worry about LILCO. I told you~ I'll handle
LILCO. They're working with us, they'l~ give you the power. If
you need secondary lines, they'll give you the lines. Please help
us get the lights up. That's all we want. That's all I want. That's
all the people want. Thank you.
COUNCILMAN MURPHY~ Thank you. Anyone ~lse have any comments?
Mr. Harvey.
MR. STEWART HARVEY, Southold~ Captain Kidd--the water system.
I think the Public Service Commission gave you a fast job on
it. I think these people are really in a bad mess. We talk
about a survey. How long is it going to take? We're in the
middle of the sammer now.
COUNCILMAN MURPHY: Unfortunately we cannot expend money for a
private system. We cannot do anything like that. Ali the Town
can do is what--exactly what we are doing now. We've tried, we've
pushed the P.S.C.~ we've pushed them to get on the owner's back,
so to speak, ~o get repairs made. Unfortunately I think there
are many people ~o blame over the years. The Board of Health is
to blame~ various agencies are to blame~ but that sure in hell
doesn't help these people now. Ail that this Town Board could
do i~ authorize this feasibility study so that these people can
see exactly what it will cost them and how they will be able ~o
~ay for it.
MR. HARVEY: Can that be done fairly rapid, or will it be the
summer before it's done?
COUNCILMAN MURPHY: I'll talk to H2M tomorrow and see if they can
start on it right away. I believe it will be very rapid that they
will have that. We definitely have to have it before Labor Day
so that these people are out, so that we could get to them. Ther.e's
no sense in having a public meeting in December.
MR. HARVEY: No, because---
COUNCILMAN MURPHY: Unfortunately, as far as the operation and
equipment in the plant, this Town Board cannot do a thing about
it. It's strictly---if the thing folded tomorrow, it really is
the Board of Health's problem and the Public Service Commission.
Unfortunately you don't like to keep blaming other people, but
this thing should never have happened and I think this is what
we were trying to get the Public Service Commission to do, what
they should have been doing ten years ago.
MR. HARVEY; The pump was set up really to take care of the water,
and the other was a spare if it broke down.
COUNCILMAN MURPHY: We can see these ihings now, but unfortunately---
MR. HARVEY: I think, as I say, we should try and expedite the
study.
COUNCILMAN MURPHY: I will call H2M personally tomorrow and tell
them about the awarding of this contract and that we would like
~hem to start immediately, and that we definitely want to have
the public informational meeting no later than the last week ih
August.
MR. HARVEY: And you also have the problem with the low pressure
and the high pressure. You'll have a contamination of the mains
and you'll have a real problem.
COUNCILMAN MURPHY: Sure, I realize that.
MR. HARVEY: Okay, that was one. The other, could We have the
office--Terry isn't going to like this--open from 9:00 to 12:a0
on a Saturday during July and August? There's an awful lot cfi
people only come out on the weekend and they're always lookin~
for something, either clamming permits, dump permits. Do you
think there could be a couple Saturdays in that real rush thinlg?
COUNCILMAN MURPHY: We'll look into it.
MR. HARVEY: And I have had quite a few people who, you know, who
say that they take a day off to come out here to do it.
TOWN CLERK TERRY: They don't have to do that, Mr. Harvey. W~ do
all of this by mail.
MR. HARVEY: Well, apparently they're not aware of it.
TOWN CLERK TERRY: We tell them, and we have more and more each
year because more people become aware of it.
MR. HARVEY: One lady was very vocal about it, so I told here to
write you a letter and explain her problem. I was wondering, even
people like with tax and that, you know, want to talk about them~
if we couldn't get some kind of a half day in there that would.help,
because there are a lot of summer people and it's a lot of money, I
guess. Let's see, there must have been something else. Oh, we
talked today about the cost on air conditioning and on sand and
that. I think that it would be a good idea to run a regular study
on it, because even your air conditioning--you're not talking about
the price of running the unit, you're talking about the maintenance .
of it and the fact that the unit probably only last six years and
then we're all like we are here, we're buying a new one or rebuilding
it. I think that should all be taken in when we supply air Condition-
ing, the same with sand. I think he talked about his payloade~ and
that, but what about the sand we're using. We bought the proper~y,
we've got money tied up there ~hat we're really using. I thi~k that
even $2.00 isn't a realistic one if you take fringe benefits, payroll,
the machine, the operation of it and the fact that it's depreciating.
The machine is only good for. so long~ I think we should make a real
good study on this and ~ot lose money on it. We're not in the business.
COUNCILMAN MURPHY: We are looking into that. We are starting--
MR. HARVEY: Let's get the fringe benefits, the machine wearing down,
what we've lost---we bought the ground, we put money in there, but
July 5, 1983
the interest lost on it. Do the whdle ~hing.
COUNCILMAN MURPHY: We are star~ing now where Ray hopes to get a
computer set-up in there. He's/got the girl in D.P.W. where he
didn't physically have the body even to do this type of work, but
we are starting now to get a more realistic cost, actual cost, of
a dump operation.
MR. HARVEY: Yeah, and you've got to figure the unit only runs around
six years and you've got to replace it. This has all got to come in
on it, otherwise we end up behind the eight bZll.
COUNCILMAN MURPHY: We are in the process of upgrading that.
MR. HARVEY: Okay, thank you.
COUNCILMAN MURPHY: Anyone else have any comments. I'd like to ask
Frank Bear, who attended the press conference of Peter Cohalan
today to com~nent.
MR. FRANK BEAR, Southold: I'd just like to sCy that this is the
report (ERM-Northeast Water Study - North Fork). It's going to be-'
quite a bit of reading for the five members of the Water Advisory
Committee. The report, so far as the basic r+commendations are
concerned, is not a great deal different, I guess, from what it
was before. They're calling for supply through individual home
systems, neighborhood systems and commun'ity systems and a sub-
regional system, but not by bringing it in by great big pipe.
The big job that this Committee is going to have, we are told, is
to study more than half of this book. This m~ch right here is
one chapter and it goes into all the costs an~ alternatives for
supplying water to the people of the Town of Southold. We have had
two meetings--the Committee has had two meetings and we weren't
able to do much because we did not have the report. Due to the
efforts of Supervisor Pell and Frank Murphy in trying to get this
out of the County Executive's Office, we finally had the press
conference today and there were quite a few questions asked by
the press there. What it boils down to is, I think, that from what
we were told, and it's going to be a user fee system to pay for the
job that's going to be done, providing we all agree when we look
through this report and make our recommendation ~o the Town Board
and the Town Board takes action. We've got a great deal of work to
do and we're looking forward to working with it, working with the
Town Board. Both Councilman Nickles who propo, sed the resolution to
set-up the Committee and Frank Murphy have been attending the
meetings and we have a good Committee and I think we are going to
be able to make good progress from now on. W~e've been offered the
cooperation of the County Legislature's Health Committee, which is
headed by Gregory Blass and one of the members who was there today
also, in addition to Mr. Blass, John Foley, and they both suggested
that they would be willing to help in any way they could. John
DePhillipe, who is the ERM man also offered ~11 his cooperation
and we're looking forward to his help because I think he can help
us particularly on this Chapter 8 that I was pointing out to you.
I appreciate the cooperation of the Town Board on this and I'm
sure the Committee does too and we've got a summers work ahead of
us. Thank you.
COUNCILMAN MURPHY: Thank you very much, Fragk.
else who would like to comment. (No response.)
to close this meeting.
Is there anyone
If not, I move
Moved by Councilman Murphy, seconded by Councilman Murdock, it was
RESOLVED that this Town Board meeting be adjourned at 9:06 P.M.
Vote of the Town Board: Ayes: .Justice Edwa?ds, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles.
This resolution was declared duly ADOPTED.
Judith T. Terry_ ~
Southold Town Clerk