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HomeMy WebLinkAboutTB-07/19/1983SOUTHOLD TOWN BOARD JULY 19, 1983 EXECUTIVE SESSION 8:45 A.M. - The Board met with Special Attorney Richard Lark and Executive Administrator Victor Lessard to discuss personnel and pending litigation. WORK SESSION 10:10 A.M. - Stuart Turner of Raymond, P~rish, P~ne & Weiner, Inc., Planning Board Chairman Henry E. R~ynor~ Jr., and Planning Board Member William F. Mullen, met with the Board to discuss the progress on update of the Master Plan. Mr. Turner told the Board that the project is only 40~ finished, but they have been able to determine that the water volume seems to be in good shape in many areas of the Town to accommodate 38,000 full time residents and 60,000 summer population. They have found there is more water by about 10~ then was indicated on the Malcolm Pernie 1957 report. 70~ of the fresh water aquifer is west of Mill Creek. Mr. Turner exhibited a prelim- inary land use map and outlined the planning goals (see memorandum from RPPW - June 20, 1983 on file in the Town Clerk's Office). Mr. Turner said that there is still extensive research ahead which will undoubtedly change portions of the preliminary map he exhibited. The proposed change of zone petitions were tracked on this map._ 11:25 P.M. - The Board began reviewing the agenda. 12 Noon - Recess for lunch. 1:35 P.M. - Work Session reconvened and the Board'continued reviewing the agenda and off-agenda items. ~GULAR MEETING A Regular Meeting of the Southold Town Board was held au 3:00 P.M.~ Tuesday~ July 19~ 1983 at the Southold Town Hall, Main Road~ Southold, New York. Supervisor Pell opened the meeting with the Pledge of Allegiance to the Flag. Present: Supervisor William R. Pell, III Councilman John J. Nickles Councilman Lawrence Murdock, Jr. Councilman Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards * * * Town Clerk J.udith T. Terry Town Att0rney-Robert W. Tasker Superintendent of Highways Raymond C. Dean Moved by Supervisor Pell, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the payment of $2,961.48 for one audited Fishers Isla~nd Ferry District bill. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles~ Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby approves the minutes of the July 5, 1983 Regular Town Board Meeting, and the July 15, 1983 Special Town Board Meeting. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman Murdock, seconded by Councilman Townsend, it was RESOLVED that the next Regular Meeting of the Southold Town Board will be held at 7:30 P.M.~ Tuesday, August 9~ 1983 at the Southotd Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly IDOPTED. I. REPORTS. SUPERVISOR PELL: The following reports are placed on file in the Town Clerk's Office or my office. Anyone wishing to review them can do so at either office. 1. Justice Tedeschi's monthly report (June 1983). 2. North Fork Animal Welfare League's monthly report (June 1983). 3. Building Inspector's monthly report (June 1983). 4. Assessor's mont.hly report (June 1983). 5. Town Justice Price's monthly report (June 1983). 6. Fishers Island Ferry District's monthly report (June 1983). 7. Highway'Department's monthly report (June 1983). 8. Police Department's monthly report (June 1983). 9. Councilmen's reports. Judge Edwards, Fishers Island. JUSTICE EDWARDS: SUPERVISOR PELL: on clams? Nothing from the Island, thank you. Not going to tell us about the clams? No comment JUSTICE EDWARDS: No comment on clams. SUPERVISOR PELL: Councilman Murphy? 'COUNCILMAN MURPHY: The lights for--the 150 watt high sodium l~ghts for Route 25 finally found Peconic. They were rerouted quite ia bitl Also, the clams--Tommy brought some down, compared them with last year's growth, and we're about the exact same, so they're doing very well again. That's it, Bill. SUPERVISOR PELL: Thank you. I want to go back to Judge Edwards. Judge, you've got something on Fishers Island that you should put into the record about the clams and growth and Steve Malinowski, some of his work. JUSTICE EDWARDS: -Okay. We were late getting our rafts together, but the clams were flown over to Fishers Island--the'seed Cl~ms-- and Steve Malinowski, the boy that's working on his PhD in aqua- culture, took the seed clams and put them in a tray and has thlem overboard and yesterday we completed the float with the gravell and sand and towed it out to its resting point and we will not put' the seed clams in there until Friday, because we want the gravel to more or less purge itself before we put the clams in there, but the survival rate of the clams, Steve Malinowski was really impressed, which is practically nil as far as any dead ones are concerned. Steve is buying seed in Massachusetts a lot cheaper than the Town of Southold is buying it and he buys them much smaller and he has a upland trough where he pumps water from the Bay into these troughs and lets them grow to a certain size before he puts them overbpard, and he's saying that the Town of Southold can save quite a few thousand dollars a year by going into this program, because th~ : smaller seed is much much more inexpensive Than the seed that they've been buying, and I suggested that the Supervisor and the ~ rest of the Town Board visits his site when they come over to Ihe Island for the town father's day. Not Only that, but also to get Steve over here and give a presentation to the Board and then let them draw some conclusions on the seed program. Okay, Bill. SUPERVISOR PELL~ Thank you. Councilman Nickles. COUNCILMAN NICKLES~ Nothing. SUPERVISOR PELL~ Councilman Murdock. COUNCILMAN MURDOCK~ Our woodchipper is in up at the Landfill. The crew is beginning to get acclimated to it. It looks like it will be a good addition the way our crew is very impressed. The rest of the Landfill--there will be another motion today on going out to bid for a payloader and bulldozer and we will be progressing at the Landfill. SUPERVISOR PELL~ Anything else, Larry? COUNCILMAN MURDOCK~ That's all, thank you, Bill. SUPERVISOR PELL~ Councilman Townsend. COUNCILMAN TOWNSEND~ Thank you, Joe. I attended the Farmland Preservation Committee meeting and the very competent group we have on that are wrestling with very difficult problems on how to preserve the agricultural business in this community, and how' to preserve open land. If we do it by bond issue, it's going to be very very expensive item. Right now there's been talk of any- where from a million to three and a half million dollar bond issue to preserve anything that would approach a significant program~ The answers as far as I'm concerned~ is that it has to be a diversified program; one that comes from something were were just talking about~ allowing increases in density in certain areas and eliminating density in other areas, but we'll hear more from them very shortly. I think they have until September. Landmark Preservation Committee reports that they're making good progress and now have gotten most of the pre-18th century houses--- I mean most of the 18th century houses listed. That's going to be the first order in terms of the Southold Town Landmark. That's all I have. SUPERVISOR PELL~ Thank you, Joseph. The Supervisor would like to report that we are working on insurance. The five east end towns and villages have met twice and we will meet once more before we come back with final recommendations to the Town Board on perhaps another policy besides Blue Cross/Blue Shield Statewide, which we have. That might save the Town some money--as much as twenty to thirty percent in premiums. The Town of Hempstead has gone this route, let the State. The Town of Smithtown is about to, if they have not already. We the increases that Blue Cross has given out the pas~ year and this year~ other insurance companies are beginning to w~nt to write municipal insurance healthwise, so probably the next time we meed as the east end group will meet I will have recommendations come back to the Town Board with. Mr. Mullen from Southold Town is the one who has headed this up for the five east end towns and villages and has been doing a very superb and interesting job for us. II. PUBLIC NOTICES. - None. III. COMMUNICATIONS. 1. From Mr. and Mrs. Simm complimenting our member of Town Hail'staff, Mr. Jack Sherwood, on a fine job and help he gave them when they came in to his office--in to the Assessor's Office. Jack was.there and they praised him up and down. 2. From Attorney Irving L. Price, Jr.~ representing the Sage property in Greenport~ approximately 80 acres. They wish to be considered or reconsidered from the two acre zone requirement~ as they feel they should be exempt from it and go back to the one acre zoning. 3. Letter from the N.Y.S'~-D.E.C. notifying the Town of their approval of the 201 Wastewater Facility Plan for Fishers Island. 4. From the Southold Town Parade Committee for the 300th celebration of our County of Suffolk requesting the Town to allocate $2950.00 for this project. It was discussed at Town Board meeting_ this mornings working session~ and the Town Board instructed me to go back to them and tell them that the funds available in Town--we do not, in Town funds, have this money set aside for this project. We suggest that they try to get the money from business interests or community spirited people, but the Town did not set any money aside for this in their budget. IV. PUBLIC HEARING - to be held at 3:35 P.M. on a proposed LocaZ Law on Portable Kerosene Heaters. V. RESOLUTIONS. 1. Moved by Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold hereby, grants Custodian James Hubbard his Step III salary increase in the amount of $500.00, :effective July 6, 1983. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 2. Moved by Justice Edwards, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby grants Clerk-Typist Pamela McC~ffery her Step II SaIary increase in the amount of $500.00, effective July 1, 1983. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: Mr. Dean, would you like to comment on her capability or anything? She works in your office. SUPERINTENDENT OF HIGHWAYS DEAN: Excellent. SUPERVISOR PELL: Superb. Let the record so state Mr. Dean say's she's doing excellent work up there. 3. Moved by Councilman Murphy, seconded by Councilman Murdock, it was RESOLVED that the application of.John C. Tuthill, dated July 29, - 1983, for renewal of a single family house trailer permit for trailer located on the east side of Elijah's Lane, Mattituck, 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 Murdock, Councilman Nickles, Supervisor Pell. .This resolution was declared duly ADOPTED. 4. Moved by Councilman Murdock, seconded by Councilman Murphy, it was RESOLVED that pursuant to Arti-cle 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Sec~tion 617.10 and Chapter 44 of the Code of the Town of Southold, noti~ce 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: Application of The Land Use Company, on~ behalf of Stephen Perricone, for a Wetland Permit to construct a- dock, ramp and floating dock az the west side of Beebe Drive, south of Antler Lane, on Eugene (East) Creek, Cutchogue, New York. The project.has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted with 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 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 Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 5. 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' South0id~'Td~n~ard, ~S 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 James M. and Ruth F. Barr for a Wetland Permit to construct a walkway and floating dock at Deep Hole Creek, at 2580 Deep Hole Drive, Mattituck, New York. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been a response from the Board of Southold Town Trustees and Southold Town Conservation Advisory Council indicating that this project would not have a significan~ 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 Murdock, Councilman Ni~kles, Supervisor Pell. This resolution was declared duly ADOPTED. 6. Moved by Councilman Townsend, 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_ 6±7.10 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 de. terminedthat the project, which is unlisted, will not have a significant effect on the environment. Description of Action: Application of Enconsuitants, Inc., on behalf of Emily Jenson, for a~Weti~d Permit to replace retaining wall and returns to prevent collapse of wall and loss of backyard at 360 Oak Street, on Eugene Creek, Cutchogue, New York. The project has been determined not ye have a significant effect on the environment for the ~ollowing reasons: - An environmental assessment has been submitted which indicated that no significant adverse effect to the environmental 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 Southeld 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 Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 7. Moved by Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency for ~he : 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 Daniel Silverman, for a Wetland Permit to construct dock, catwalk, ramp, three floats, and dredge at Wunneweta Pond, on Wunneweta Road, Nassau Point, Cutchogue, New York. The project has been determined not to have a significant effect on the envi.ronmental for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effect to the environmental 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 Southold Town Building Department, it ia ssumed that there are no objections nor comments from those agencies. Vote of the Town Board: Ayes:- Justice Edwards, Councilman Townsend~ Councilman Murphy~ Councilman Murdock~ Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 8. Moved by Councilman Murphy, seconded by Councilman'Murdock, 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 agen~cy for the action described below~ has determined that the project, whi.¢h is unlisted, will not have a significant effect on the environment. Description of Action: Application of Christine and Edward Viola for a Wetland Permit to construct a walkway and dock on property located on Deep Hole Creek, at Deep Hole Drive, Mattituck, New York. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted whick 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 Soathold 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 an~ the Southold Town Building Department, it is assumed that there a~e-~o objections nor comments from those agencies. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend~ Councilman Murphy~ Councilman Murdock, Councilman Nickles,-Supervisor Pell. This resolution was declared duly ADOPTED. 9. Moved by Justice Edwards, seconded by Councilman Murdock, 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 ~s 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 h~ve a significant effect on the environment. Description of Action: Application of Enconsultants, Inc., on behalf of Richard HiItz, for a Wetland Permit to construct bulkhead, dredge and place fill behind bulkhead as backfill at 1615 Anchor Lane, on dug ca~al off Peconic Bay~,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. 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 significat effect on the environment. Because there has been no response in the allotted time from the New York State ~epartment of Environmental Conservation and the Southold Town Building Department~ it is assumed that there are no objections nor comments from those agencies. Vote of ~he Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy~ Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 10. Moved by Councilman Murdock, seconded by Councilman Townsend, it was RESOLVED that pursuant to ~rticle 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 Southotd Town Board, as lead agency for the action described below, has determined that the project, which is unlisted, will not hav~ a significant effect on the environment. Description of Action: Application o£ Enconsult~nts~ Inc.~ on behalf of Anthony Forosich~ for a Wetland Permit to construct a bulkhead and fill behind the bulkhead at Anchor Lanes on dug canal o£f Peconic Bay~ 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 ~ndi'¢ated that no significant adverse effect to the environment are likely to July 19, 1983 occur should the project be~imPl~n~ted-aS p~anned. 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 Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 11. Moved by Councilman Townsend, seconded by Councilman Murdock, it w~s 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 George Koch~ for a Wetland Permit to construct bulkhead and timber dock at Anchor Lane, on dug canal off Peconic Bay, Southold, New York. The project has been determined nov to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been a response from the Board of Southold Town Trustees and Southold Town Conservation Advisory Council indicating that this project would not have a significant effect on the environment. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation and the SouthOld Town Building Department, it is assumed that there are-lno- objections nor comments from those agencies. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 12. ~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 The Land Use Company, on behalf of Fred J. Carcich, for a Wetland Permit to construct a deck, dock, ramp and float at the end of Briarwood Road, on East (Eugene) Creek, Cutchogue, New York. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effect on 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 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 Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 13. Moved by Councilman Townssnd, seconded by Councilman Nickles, 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: Petition of Lawrence Bruno for a chan~e of zone from "A" Residential and Agricultural District to "M-I" General Multiple Residence District on certain property located on the north side of County Route 48 (Middle Road), near Greenport, in the Town of 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. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation, it is assumed that there is no objection nor comments by that agency.. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 14. Moved by Councilman Townsend, seconded by Councilman Murphy, WHEREAS, Marine Associates, Inc. has heretofore filed a petition with the Town Clerk, pursuant to Article XV of Chapter 100 of the Southold Town Code, for a Change of Zone on certain propert~ at New Suffolk, in the Town of Southold, from ~'C" Industrial District to "M-I" General Multiple Residence District, 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 Town Board, as lead agency, does hereby determine that the action proposed is a Type 1 action and is likely to have a significant effect on the environment. 2. That the Town Clerk shall file and circulate such determination as required by the aforementioned law, rules and code. 3. .That the Town Clerk immediately notify the applicant, ~t_ Marine Associates, Inc., of this determl'nation, and further request said applicant to prepare a draft environmental impact statement~ all in accordance with said law, rules and code. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 15. Moved by Councilman Nickles, seconded by Councilman Murphy, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JULY 19, 1983, AUTHORIZING ACQUISITION'BY PURCHASE OF CERTAIN LAND, CONTAINING 1.4 ACRES~ MORE OR LESS, SITUATE ON THE SOUTH'SIDE OF NARROWRIVER ROAD, IN ORIENT, IN SAID TOWN, AS THE SITE OF A TOWN BOAT LAUNCHING RAMP AND FOR OTHER TOWN PURPOSES, STATING THE ESTIMATED MAXIMUM COST THEREOF'IS'$90.000. APPRO- PRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $90,000 SERIAL BONDS TO FINANCE SAID APPROPRIATION, AND PROVIDING FOR THE LEVY OF A TAX TO PAY THE PRINCIPAL OF SAI.D BONDS AND THE INTEREST THEREON. RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two- thirds of all the members of said Board), AS FOLLOWS:- Section 1. (A) The Town of Southold, (the "Town"), in th~ County of Suffolk, New York, is hereby authorized to acquire]by purchase the certain piece or parcel of land containing 1.4 acres, more or less, situate on the south side of Narrow River Road, in Orient, in said Town, as the site of a Town Board Launching.Ramp and for other Town purposes, said land being more particularly bounded and described as follows:- "Northerly by Narrow River Road 360 feet more or less; Easterly by land now or formerly of Tuthill 100 feet more or less; Southerly by Hallock's Bay 450 feet more or less; and Westerly by land now or formerly of Edwards 250 feet more or less," and designated on the Suffolk County Tax Map as District 1000, Section 027, Block 2, Lot 6. The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $90,000 and the said amount is hereby appropriated ~herefor. The plan of financing includes the issuance of s~d'~i~" ~bh~S and the levy and collection of a tax on all the taxable real property in the Town to pay the principal of said bonds and notes and the interest thereon as the same shall become due and payable. Section 2. Serial bonds in the principal amount of $90,000 to finance the balance of said appropriation not provided by said current funds pursuant to the provisions of Section 107.00 o£ the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law")~ are hereby authorized ~o be issued. Section 3. The following additional matters are hereby determined and declared~- (a) The period of probable usefulness of acquiring said land, being the specific object or purpose for which said $90,000 serial bonds herein authorized are to be issued, within the limit- ations of Section 11.00 a. 21 of the Law, is thirty (30) years, but the maturity of such bonds shall not exceed (5) years. (b) Current funds are no~ required by ~he Law to be ~rovided as a down payment prior ~o the issuance of the serial bonds herein authorized to be issued, or of any bond anticipation notes issued in anticipation of the sale of said bonds~ pursuan~ to the provisions of Section 107.00 d. 4. of the Law. Section 4. Each of the bonds authorized to be issued pursuant to this resolution, and of any bond anticipation no~es issued in anticipation of the sale of said bonds, shall contain the recital of validity prescribed by ~52.00 of the Law and said bonds and any notes issued in anticipation of the sale of said bonds, shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town, without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and notes and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and notes to mature in such year and (b) the payment of interest to be due and payable in such year, pursuant to applicable provisions of law. Section 5. Subject to the provisions of this resolution and of the Law, and pursuant to the provisions of ~30.00 relative to the authorization of bond anticipation notes and of ~50.0 and ~56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms~ form and contents and as to the sale and issuance of the bonds herein authorized to be issued and of any bond anticipation notes issued in a~ticipation of the sale of said bonds, or the renewals thereof, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized pursuant to this resolution~ and of any notes issued in anticipation of the sale of said bonds, may be contested only if~- (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money~ or (b) the provisions of law which should be complied with at the date of publication of such resolution, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolutio~ shall take effect immediately. Vote of the Town Board~ Ayes~ Justice Edwards~ Councilman Townsend~ Councilman Murphy~ Councilman Murdock~ Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 16. Moved by Councilman Murdock, seconded by Councilman Nickles~ it was RESOLVED by the Town Board of the Town of Southold, in the County of Suffolk~ New York~ as follows~- Section 1. The Town Clerk of the Town of Southold, in the County of Suffolky New York~ is hereby directed to publish~ in full~, the foregoing bond resolution~ in "THE SUFFOLK T~M~" and in "THE LON~ I~AND T~AV~L~-MATTI'r~CK WATCHMAN"~ newspapers published in Southold~ New York~ and having a general circulation in said Town, and hereby designated as the official newspapers of July 19, 1983 the Town for such publication, together with the Town Clerk's statutory Notice in substantially the form prescribed by S8!.00 of the Local Finance Law of the State of New York. Section 2. This resolution shall take effect immediately. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 17. Moved by Councilman Nickles, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold set Tuesday~ August 9, 1983, Southold Town Wall, Main Road, Southold, New York as date and place for hearings upon the following applications, for Wetland Permits:- 3:00 P.M. - in the matter of the application of The Land Use Company, on behalf of Stephen Perricone, for a permit under ~he __ provisions of the Wetland Ordinance of the Town of Southold to construct a dock, ramp and floating dock at the west side of. Beebe Drive, south of Antler Lane, on Eugene (East) Creek, Cutchogue, New York. 3:02 P.M. - in the matter of the application of James M. and Ruth F. Barr for a permit under the provisions of the Wetland Ordinance of the Town of Southold to construct a walkway and floating dock at 2580 Deep Hole Drive, on Deep Hole Creek, Mattituck, New York. 3:05 P.M. - in the ma~ter of the application of Enconsultants, Inc., on behalf of Emily Jensen, for a permit under the provisions of the Wetland Ordinance of the Town of Southold to replace retaining wall and returns to prevent collapse of wall and loss of backyard at 360 Oak Street, on Eugene Creek, Cutchogue, New York. 3:07 P.M. - in the matter of the application of Enconsultants, Inc.~ on behalf of Daniel Silverman, for a permit under the provisions of the Wetland Ordinance of the Town of Southold to construct a dock, catwalk, ramp, three floats, and dredge at Wunneweta Pond, on Wunneweta Road, Nassau Point, Cutchogue, New York. 3:10 P.M. - mn the matter of the application of Christine and Edward Viola for a permit under the provisions of the Wetland Ordinance of the Town of Southold to construct a walkway and dock ' on their property located on Deep Hole Creek, at Deep Hole DriVe, Mattituck, New York. 3:12 P.M. - in the matter of the application of Enconsultants, Inc., on behalf of Richard Hiltz, for a permit under the provisions of the Wetland Ordinance of the Town of Southold to construct bulkhead, dredge and place fill behind bulkhead as backfill at 1615 Anchor Lane, -on dug canal off Peconic Bay, Southold, New York. 3:15 P.M. - in the matter of the application of Enconsultants~ Inc.~ on behati of Anthony Forosich., for a permit under the provisions of the Wetland Ordinance of the Town of Southold to construct a bulk- head and fill behind the bulkhead at Anchor Lane, on dug canal off Peconic Bay, Southold, New York. 3:17 P.M. - mn the matter of the application of Enconsultants, Inc., on behalf of George Koch, for a permit under the provisions of the Wetland Ordinance of the Town of Southold to construct bulkhead and timber dock at Anchor Lane, on dug canal off Peconic Bay, Southold, New York. 3:20 P.M. - mn the matter of the application of The Land Use Company, on behalf of Fred J. Carcich, for a permit under the provisions of the Wetland Ordinance of the Town of Southold to construct a deck, dock, ramp and float at the end of Briarwood Road, on East (Eugene) Creek, Cutchogue, New York.- Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 18. Moved by Supervisor Pell, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret, the resignation of Betty Wells from the position of Account Clerk, effective July 18, 1983. SUPERVISOR PELL: I'd like to comment on tha~. Mrs. Wells is- leaving the Town of Southold to go with the County of Suffolk. ' She feels there is more room for advancement in a bigger organiza- tion than with the Town. I've worked with her for the last three and a half years and I feel sorry to see her go, but I wish her the best of luck. She has been a very good Town employee in the Account- ing Department. Thank you. July 19, 1~83 Vote of the Town Board~ Ayes~:~_-J!us~ice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolulion was declared duly ADOPTED. 19. Moved by Justice Edwards, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold hereby allocates $247.80 from the Joint Youth Account A7320.4 for the purchase of equipment for the Southold Soccer Club, and $679.00 from the same account for the purchase of equipment for the North Fork Soccer Club, Inc. Vote of the Town Board~ Ayes~ Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL~ Number 20 we are holding until the August 9th meeting. The Town Board wants to go and review the property. 21. Moved by Councilman Murdock, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor William R. Pell, III to execute an agree- ment between the Town of Southold and the County of Suffolk, to amend the Agreement made ~he 24th day of January, 1983 for the "Special Traffic Options Program for Driving While Intoxicated" (STOP-DWI), increasing the con~ract amount from $2,700.00 to $5,400.00~ and the termination date from October 31, 1983 ~o December 31~ 1983. Vote of the Town Board~ Ayes~ Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 22. Moved by Councilman Nickles, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold hereby grants Ilene Pfifferling, Clerk-Typist in the Town Trustees Office and Community Development Office~ her Step I salary increment in the amoun~ of $500.00, effective July 1, 1983. Vote of the Town Board~ Ayes~ Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 23.'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 Seniors Club of Southold-Peconic~ Inc. to engage~ two buses at a cost of $576.00 to transport their group to The Nassau Coliseum on August 4~ 1983. Vote of the Town Board~ Ayes~ Justice Edwards, Councilman Townsend~ Councilman Murphy~ Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 24. Moved by Justice Edwards~ seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Twin ~ork Fence~_Inc. for supPlying and installing ~70 lineal ~eet of galvanized mesh fence, and necessary gate, corner and line posts at a Town drainage sump located on the east side of Depot Lane, Cutchogue, New York, a~ the bid price of $3,097.00. Vote of the Town Board~ Ayes~ Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 25. 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 $30,000.00 ~rom Year IX, Community Development Block Grant Funds~ Cutchogue Landfill Improvements, to Mattituck Inlet Lan~ Acquisition. Vote o~ the Town Board~ Ayes~ Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL~ Number 25 was to take the money from the Block Fund. Remember years ago, people, we had $100,000 set aside to buy the Mattituck tanks. Now we're going to buy them for taxes July 19, 1983 from the County and Resolution No. 26 will give the Board the next step. There are a series of steps that has to be done and this is the Board's part now. 26. Moved by Councilman Murdock, seconded by Supervisor Pell, WHEREAS, the Supervisor has heretofore written to the Suffolk County Department of Real Estate to advise said Department that the Town of Southold is desirous of acquiring title to certain property located at Mattituck~ Town of Southold, Suffolk County, New York, being premises shown on the Suffolk County Tax Map as District 1000, Section 099, Block 04, Lot 001, being the same premises conveyed to C~rey ReSoUrces~ 'Inc. by deed dated February 7, 1974~ and recorded in the Suffolk County Clerk's Office on February 22, 1974 in Liber 7592 of deeds at page 588) and also one of the parcels of land acquired by Suffolk County by a tax deed dated February 7~ 1983~ and recorded in the Suffolk County Clerk's Office on February 8, 1983 in Liber 9311 of deeds at page 72, and WHEREAS, by letter from the Suffolk County Department of Real Estate to the Town Supervisor dated June 28~ 1983, the Town was requested to submit to the County a check in the amount of $29~349.49 as consideration for such conveyance; NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS: 1. The Town Board does hereby authorize the acquisition of.- the above described real property from the County of Suffolk~ pursuant to the provisions of Section ?2-h of the General Municipal Law and in accordance with the procedures established by Suffolk County for the conveyance of real property acquired by Suffolk _ County by tax deeds to municipalities. 2. That the Supervisor be and he hereby is authorized and directed to pay the sum of $29,349.49 to the Suffolk County Department of Real Estate as consideration for the acquisition of said real estate by the Town of Southold. 3. That the Supervisor be and he hereby is authorized to execute any and all required documents relative to such acquisi~±on. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman -- ~-~ Nickles. Supervisor Pell. This resolution was declared duly ADOPTED SUPERVISOR PELL~ I want to make one point clear. This is a series of steps. This has to go before the County Legislature in August. Then it has to go before the County Executive, so -don't say we've got the land, because we haven't got it yet. This is the first of a series of steps~ people. We still could be turned down somewhere along the line, but this is the procedure according to law we have to follow, and we all h&pe, sitting up here, that it works out and we ge~ the tank farm to become part of the Town. But as I said, it's a series of steps. Resolution No. 27 is out~ we don't need it. 28. Moved by Councilman Townsend, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Mary E. Bourcet a temporary employee in the Accounting Department, effective July 22~ 1983, at a salary of $5.77 per ~o~r. Vote of the Town Board~ Ayes~ Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles~ Supervisor Pell. This resolution was declared duly ADOPTED. ~ 29. Moved by Councilman Murdock, seconded by Councilman Townsend, it was RESOLVED that the Town Clerk of the Town of Southold be and she hereby is authorized to advertise for'bids for the purchase of one (1) bulldozer and (1) payloader for use at the Landfill Site. Vote of the Town Board~ Ayes~ Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared du!~ ADOPTED. 30. Moved by Councilman Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby designates David C. Spohn, and Jay P. Wickham~ Alternate, to re~resent the Town of Southold on the New York State Department of Transportation Aviation Liaison Committee, and strongly recommend that Mr. Spohn be considered for appointment to the Technical Advisory Subcommittee. Vote of the Town Board~ Ayes~ ~ustice Edwards~ Councilman Townsend, Councilman Murphy~ Councilman Murdock, Councilman July 19~ 1983 118.1 Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: I'd like to recess the regular Southold Town Board meeting at this time for the length of Time it takes to hold a public hearing on a Local Law regarding Portable Kerosene Heaters. Moved by Supervisor Pell, seconded by Councilman Murdock, it was RESOLVED that a recess be called at this time, 3:40 P.M.., for the Purpose of holding a public hearing. Meeting to reconvene follow- ing this hearing. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nicktes, ~upervisor Pell. This resolution was declared duly ADOPTED. Meeting reconvened at 3:50 P.M. 31. Moved by Councilman Murdock, seconded by Councilman Murphy, WHEREAS, Richard J. Cron, by application received October 4, 1983 petitioned the Town Board of the Town of Southold for a change of zone on certain property situated at Cutchogue, New York, from "A" Residential and Agricultural District to "M" Light Multiple Residence District, and WHEREAS, the said petition was referred to the Southold Town Planning Board and the Suffolk County Department of Planning for official recommendation and report, and WHEREAS, the Town Board, pursuant to due notice, held a public hear- ing thereon on the 1st day of February, 1983 at 8:00 P.M., at which time all interested persons~ere given an opportunity to be heard, now, therefore, be it RESOLVED that Richard J. Cron be and hereby is granted the relief demanded in said petition for a change of zone from "A" Residential and Agricultural District to "M" Light Multiple Residence District on certain property located on the north side of School House Road, Cutchogue, New York, and more particularly bounded and described as follows: BEGINNING at a point which is located the following four . courses and distances from the corner formed by the intersection o~ the southerly line of Main Road and the westerly line of Griffing Street: (1) North 40° 23' 10" West 73.50 feet; (2) North 42° 29' 30" West 218.70 feet; (3) North 42° 09' 00" West 140.27 feet; (4) North 38° 32' 40" West 642.92 feet; running thence from said point -of beginning along other land of Leisure Greens, Inc. South 52° 55' 20" West 162.41 feet to land of The Roman Catholic Church of the Sacred Heart at Cutchogue; running thence along said last mentioned land the following two courses and distances: (1) North 37° 13' 30" West 400.00 feet; (2) South 53° 05' 40" West 407.11 feet to land now or formerly of Greiner and Pelkovsky; running thence along said last mentioned land North 36° 54' 20" West 2009.5~ feet To land now or formerly of Zuhoski; running thence along said last mentioned land North 50° 18' 10" East 251.03 feet to land now or formerly of Beebe; running thence along said last mentioned land the following three courses and distances: (1) North 56° 00' 50" East 145~28 feet; (2) South 37° 13' 30" East 221.47 feet; (3) North 39° 29' 10" East 563.41 feet to land now or formerly of Kurczewski; running thence along said last mentioned land South 38° 30' 50" East 1901.44 feet to land now or formerly of Tyler; running thence along said last mentioned land the following two courses and distances: (1) South 37° 38' 50" West 210.23 feet; (2) South 37° 04' 40" East 273.68 feet to land now or formerly of the Town of Southold; running thence along said last mentioned land the following two courses and distances: (1) South 52° 55' 20" West 170.00 feet; (2) South 37° 04' 40" East 95.00 feet to the northerly side of School House Road;-- running thence along the northerly side o~ School House Road South 52° 55' 20" West 55.10 feet to the point or place of beginning. Moved by Councilman Townsend, seconded by Councilman Nickles, it was RESOLVED that the ~oregoing motion to change the zone on the property of Richard J. Cron be and hereby is tabled. COUNCILMAN TOWNSEND: I think the implications are&-have not been fully discussed and I think the interpretation of the Master Planner's report by several members of this Board was not correct. I feel it has significant implications for---in ~erms of precedent---for many of these "M" zones that could result in an increase in density that was not---that is not called for under our present zoning. I;'82 July 19, 1983 Vote of the Town Board: Ayes: Councilman Townsend, Councilman Nickles, Noes: Justice Edwards, Councilman Murphy, Councilman Murdock, Supervisor Pell. This resolution was declared LOST. The following is the vote on the motion to change the zone on Ithe property of Richard J. Cron at Cutchogue: Vote of the Town Board: Ayes: Ayes: Justice Edwards, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pe~l. No: Councilman Townsend. This resolution was declared duly ADOPTED. 32. Moved by Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold hereby approves and accepts a $400,000.00 Letter of Credit from Harold Reese as a bond for roads and improvements in the subdivision known as "Hill Crest Estates at Orient" Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 33. Moved by Supervisor Pell, seconded by Councilman Murdock, WHEREAS, the Southold Town Planning Board and Suffolk County Department of Planning have prepared official reports and recommendations on the petition of Lawrence Bruno for a changel of zone from "A" Residential and AgriculturaI District to "M-I" General Multiple Residence District ~on certain property situated on the north side of County Route 48 (Middle Road), near Greenport, in the Town of Southold, New York, and more particularly bounded and described as follows: BEGINNING at a monument on the northerly line of the North Road at the southwesterly corner of land conveyed by May Cooper Francisco to Harry G. Marston and wife; from said point of beginning running alo.ng said northerly line of the North Road South 53 degrees 24 minutes 30 seconds West a distance of 255,26 feet; running thence along land of May Cooper Franciso on a line parallel to and 250 feet westerly from the westerly line of said land of .Marston North 24 degrees 56 minutes 30 seconds West a.distance of 852.29 feet to ordinary ~high water mark of Long Island Sound; - running thence along said high water mark of Long Island Sound North 32 degrees 09 minutes 30 seconds East a distance of 297.75 feet To said land of Marston; thence along said land of Marston South 24 degrees 56 minutes 30 seconds East a distance of 962.47 feet to the point or place of beginning; said premises containing 5.207 acres according to survey of Otto W. Van Tuyl & Son, dated OCtpber 31, 1961. NOW, THEREFORE, BE IT RESOLVED that a public hearing will be held by the Southold Town Board at 8:15 P.M., Tuesday, August 9, 1983, at the Southold Town Hall, Main Road, Southold, New York, on the aforementioned petition, at which time any person desiring to be heard on the proposed petition should appear at the time and place above so specified, and be it further RESOLVED that the Town Clerk be and she hereby is authorized and directed to cause notice of said hearing lo be published in the official newspaper pursuant to the requirements of law. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 34. Moved by Councilman Nickles, seconded by Councilman Murdock, WHEREAS, a proposed Local Law No. 8 - 1983 was introduced at a meeting of this Board held on the 21st day of June, 1983, and WHEREAS, a public hearing was held thereon by the Board on the 19th day of July, 1983, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that Local L~w'No. 8 - 1983 be enacted as fOliows: LOCAL LAW NO. 8 - 1983 A Local Law in Relation to Portable Kerosene Heaters . BE IT ENACTED by the Town Board of the Town of Southold as follows: '~ Section 45-401, Subdi~sion C, paragraph (4) of the Southold ToWn Fire Prevention Code is hereby amended to read as fo~ows: (4) Portable Heaters (a) (b) Unrented portable heating equipment using solid, liquid, or gaseous fuels shall be prohibited except during building construction, alterations or repair. During this period of building construction, alteration or repair, the heating equipment must have adequate ventilation and must have a means of fire extinguishing available. Unrented portable heating equipment used for this purpose must be listed by a nationally recognized testing laboratory and operated and maintained in accordance with manufacturer's recommendations. This paragraph (a) does not apply to New York State approved kerosene fueled heaters being used in one and two-family dwellings. Portable heaters shall be appropriately located with respect to combustible materials, and maintained in proper operating c on diti on. (c) Portable electric heaters shall be equipped with automatic shut-off devices for safety purposes in the event of tip-over. (d) Refueling operations for all solid, liquid, or gaseous fuel burning portable heating equipment shall be safely conducted when appropriate, including the removing of the heater to a safe location and waiting for it to cool prior to refueling. (e) Fuel supplies and its related equipment for solid, liquid or gaseous fuel burning portable heating equipment shall be pro- tected from damage, excess heat and comply with the appli- cable storag? and. handling requirements specified in this Chapter. _ II. Section 52-53, Subdivision J of the Housing Code of the Town of Southotd is amended to read as follows: Portable Heaters (1) Unrented portable heating equipment using solid, liquid, or gaseous fuels shall be prohibited except during building con- struction, alterations or repair. During th_is period of- £ building construction, alteration or repair, the heating equip- ment must have adequate ventilation'and must have a means of fire extinguishing available. Unrented portable heating equip- ment used for this purpose must be listed by a nationally recognized testin~ laboratory and operated and maintained in accordance with manut'acturer's recommendations. 'l'l~ts subdivision J does not apply to New York State approved kerosene fueled heaters being used in one and two-family dwellings. (2) Portable heaters shall be appropriately located with respect to combustible materiais, and maintained in proper operating condition. (3) (4) (5) Portable electric heaters shall be equipped with automatic shut -off devices for safety purposes in the event of tip-over. Refueling operations for ail solid, liquid, or gaseous fuel burning portable heating equipment shall be safely conducted when appropriate, including the removing of the heater toga safe location and waiting for it to cool prior to refueling. Fuel supplies and its related equipment for so]fid, liquid or gaseous fuel burning portable heating equipment shall be protected from damage, excess heat and comply with the applicable storage and handling requirements specified in Chapter 45 of the Town Code. IH. This Local Law shah take effectirnrnedi~ely. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: That ends the prepared agenda and add-ons. Does any Councilman or Judge have anything else I left of£ or omitted they would like to add at this time? Joseph? (Nothing.) Larry? (Nothing.) John? (Nothing.) Frank? (Nothing.) Judge Edwards? (Nothing.) Anybody wish to address the Board? Mrs. Ruth Oliva. MRS. RUTH OLIVA, President, North Fork Environmental Council: Yes, I would just like to say that we are very diSaPpOinted in the decision of the Board td pass the change of zone for Richard Cron for Seacroft. We agree with Councilman Townsend that it sets a precedent for other changes of zones to be enacted upon quicker than perhaps they should be and I don't see why we're spendin~ $80,000 to have a Master Plan update when the Board is taking 'it upon themselves to act as planning consultants. I think it is an outrage. SUPERVISOR PELL: Thank you. Anybody else wish to address the Board? MR. STUART HARVEY, Southold: Yes, there are a couple of items. One, could we get a crossing guard at the post office every morning say from 8:00 to 1:007 COUNCILMAN MURDOCK: Which post office? SUPERVISOR PELL: Southold? MR. HARVEY: Yes. We don't have it all the time, sometimes. It's getting pre~ry hard for people to get across. SUPERVISOR PELL: During the summer months. MR. HARVEY: Yes, in summer months it's getting real rough now. Okay, that was one. I've got a list of them. What's the status of Captain Kidd Water System study? Has it started? Have we awarded it? 'SUPERVISOR PELL: It was awarded to H2M and the Board directed me today to contact them and ge~ a progress report, how far they are, yes. MR. HARVEY: Okay, what about the status of the study to repair- or replace the roof on the Senior Citizen Center? SUPERVISOR PELL: I've got to look into that. That has gone out. Yes, I did contact Lyle Meredith and. he did contact the firm-- MR. HARVEY: Then we will come up with either a repair or a replace? SUPERVISOR PELL: Right. MR. HARVEY: What about the housing grant or whatever we lost, did anybody find out what that was? In the paper it says there was one grant we lost. COUNCILMAN MURPHY: I think you're talking about the Fishers Island Sewer District. MR. HARVEY: I~just said Southold, so-- SUPERVISOR PELL: It.said Southold, it was the Fishers Island Sewer District. The Town Attorney did contact the engineering firm in Connecticut who is handling it and he can--Bob? TOWN ATTORNEY TASKER: What they did is--they approved what they call an allowance funding of the engineering and design costs. How- ever, they were taken off the list for current year federal funding for the construct. They won't be on the list until October of 1984 And again it's on a priority basis. MR. HARVEY: Right, we could lose out again. Okay, thank you. SUPERVISOR PELLs Anybody elSe~Wl~h~t~ address the Board? Mr. Frank Bear. MR. FRANK BEAR, Southolds I wan~ ~o report about the activities of the Water Advisory Committee~ but before I do ~hat I would like to second what Ruth Oliva said about the Richard Cron ma~ter. But also would like to say ~hat I'm very ~appy that the action was taken in regard ~o the acquisition of the tank farms. That's something that the Mattituck Advisory Committee'was working on for a long time and we're very happy that we are taking steps which hopefully will result in the Town taking over the tank farm. On the matter of the Water Advisory Committee we me~ for the third time last evening. 'This was our first meeting after receiving the final report on the North Fork Water Supply Plan. The members of the committee had an opportunity to read over that report and we had quite a discussion last night about what steps should be ~aken. One thing we agreed on was that the Town should set up a Water Management Program. How- ever there was quite a bit of discussion about how and when and what we would do. The result of the discussion and at the ending of the meeting last night is that we're going to come in at our next meeting on August the 1st and have a l~st of priorities in what we think that the Town should do in connection with our water supply. We had the help~ last night~ of not only Joe Behr and Bob Villa of the County Department of Health Services~ as we always do, and of course, Councilman Murphy was there too, and I wanted to mention especially_ the fact that John DePhillipie of ERM was there and very helpful in giving us interpretation and information that would help us in the future to make our decisions. I just want you to know that we're busy and working hard. Thank you. SUPERVISOR PELLs Thank you~ Mr. Bear. Anybody else wish To address the Board? Jean, anything you want to say about your coming events this Labor Day? MRS. JEAN COCHRAN, Tercentenary Committees Oh, we're going full steam ahead Festival Week. Everything is falling into place and it's going To be an excellent gala celebration for the Town of Southold. SUPERVISOR PELL~ Thank you. Anybody else wish to address the Board? COUNCILMAN MURDOCK~ I neglected to mention we'll have a meeting 'of the Landfill Committee at Ray Dean's office at 8~00 A.M., Friday morning. SUPERVISOR PELL] Is that standard procedure every week? COUNCILMAN MURDOCK~ Not every week, we're running about three ou~ of ~our now, until we get a program started. SUPERVISOR PELL~ Anybody else wish to comment? Councilman Nickles? COUNCILMAN NICKLESs Yes~ I'd like to make one comment. Frank, I'd like to remind you about notifying the Town Clerk as to the Water Advisory Committee meetings. Mailings did not go ou~o the press _. or the general public. ~R. BEARs I'd like ~o say that I've been reminded. COUNCILMAN NICKLESs Okay. It did cause a conflict with me last night because I rely on those postcards and I made other arrangements which I couldn't cancel. MR. BEAR~ Of course, I did give you a copy of the memorandum which mentioned that, but I'm sorry you didn't make it. The next one I've already notified the Town Clerk. COUNCILMAN NICKLESs Inasmuch as last January the Town Board directed the Supervisor to ask the Matt~tuck Inle~ ~dvisory Committee for a final report and none has been forthcoming, I would propose a resolution at this time that we terminate the committee and ~hank them for their voluntary servlces to the Town and to the community at large and if they do have a final repor~ that they reader it within two weeks and the Town Clerk be directed to write ~he chairman of the committee such a letter. 35. Moved by Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby terminates the Mattituck I~let Advisory Committee and expresses thanks and appreciation for their voluntary services to the Town and community at large and request that they render their final report within two weeks. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman Nickles, seconded by Councilman Murphy, it~ was E ~· RESOLVED that this Town Board meeting be ~djOur~ed ~t~ 4:00 P.'M. ~!~ T ~ ~ Vote of the own Board. Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Judith T. Terry~ v Southold Town Clerk