HomeMy WebLinkAboutTB-10/19/1982292
SOUTHOLD TOWN BOARD
OCTOBER 19, 1982
WORK SESSION
8:30 A.M. - The Board began reviewing the agenda.
EXECUTIVE SESSION
9:00 A.M. - The Board met' with Richard F. Lark to discuss his
position as Special Attorney for the Town of Southold.
WORK SESSION
9:40 A.M. - Community Development Director James McMahon met with the
Board to 'inform them that the Environmental Review on the landfill
site should be completed by the end of this Week; gave an update on
the Year VII rehabilitation projects which were to start on October
18th; stated the 7th, 8th and 9th Street road improvement project is
complete; he is now working on planning the Year IX proposed projects.
9:50 A.M. - The ~oard resumed reviewing the agenda.
10:20 A.M. - Robert Holzmacher, Harold Dombeck and Don Sioss of
Holzmacher, McLendon and Murr~ll, P.C. met with the Board to discuss
outstanding bills for engineering services on the Sound Avenue road
project and Street Lighting Program. The total to date of outstanding
bills is $15,999.94; $702.00 is owed to April on the Street Lighting
Program, and approximately $10,700.00 on the Sound Avenue Project.
Councilman Murdock explained the budgetary process for state and ~'
federal funding whereby moneys are not provided to the Town in advance
and the Town has never promised to use up-front money for these services.
The Board questioned H2M on ~he cost overruns for engineering services.
Mr. Sioss advised the Board there is expected to be an additional
$5,000.00 in engineering services for the Sound Avenue Project.
The Board was also advised that H2M, in consultation with Superin-
tendent of Highways ~ean has determined that it would not be feasible
to do the final paving of the Sound Avenue Project this fall. The
drains and temporary surface must be installed and allow for change
in temperature and settling. They would like to do the final paving
in the spring. The only catch is that the bid has been let and bids
received for paving this fall. Mr. Sioss stated he would contact
the lowest bidder to determine whether he would be willing to do
the job in the spring and hold the price as bid.--Mr. Dombeck advised
the Board that the Town of Southold is definitely in the 1983 funding
for the Wastw~er DisposalProject and if anybody drops off the 1982 list
Southotd will replace them and receive the funds. Plans and specifica-
tions must be completed by the end of March to keep to the required
schedule. The Board must recommit themselves to the schedule or they
will be dropped from the priority, list.--Councilman Murdock advised
Mr. Holzmacher and Mr. Dombeck of the Board's unhappiness with what
appeared to be Gary Loesch withholding information on the Town's
status on this project. Mr. Dombeck assured the Board that Mr. Loesch
never withheld information. H2M was not aware that the State was
revising the priority list and therefore could not fight to keep
Southotd's place on the list.
12 Noon - Merlon Wiggin met with the Board to advise them that
municipal Solid waste plant energy credits will expire the end of
December and will not be renewed. To take advantage of the credits
the Board must have a contract by mid-November. Mr. Wiggin was
293 OCTOBER 19, 1982
told this was an impossibility.--Mr. Wiggin also advised the Board
that Solwin is very much interested in putting a windmill farm at the
landfill site. Solwin will need an easement and height variance.
They will do a methane study and there will be profit sharing with
the Town, as well as employment of 50 to 75 employees. Sotwin has
already been advised to submit a comprehensive proposal to t~e Town
for study.
12:10 P.M. r William Price, Sr., McMann-Price Agency met with the
Board to discUss the propose'd Laurel Lake Fishing Access Site. by
the State on Town property. The Town Attorney recommended that
the State provide the Town with hold harmless insurance coverage.
Mr. Price said the underwriter could probably cover the Town under
a parkland rating. Mr. Price with check all of this out furt,her
and have additional information at the November 9th meeting.
12:20 P.M. - Lunch.
2:10 P.M. - Work Session resumed with a meeting with a delegation
of e.ight people from Captain Kidd Estates who asked the Board to
establish a water district in that area and suggested using
Community Development funds for that purpose. The Board Will have
to determine if this is a legal use of the funds. Supervisor Pelt
asked the 'Captain Kidd people to give the Board 30 days to research
this proposal.
2:25 P.M. - Gladys Csajko and Joan Groneau of the North Fork Animal
Welfare League, Inc. met with the Board to discuss the letter from
Greenport Village Mayor George Hubbard relative to the League enforcing
the leash law in GreenDort. Supervisor Pell advised Mrs. Cs~jko and
Mrs. Groneau that a letter is being sent to Mayor Hubbar~ advising
him that the Town is enforcing the Agricultural and M~rkets Law
in the Village of Greenport and has been doing so for some time.
2:45 P.M. - The Board met with Alan Borko of pan~:~$ck~g~ff~ement
Energy Division, Mr. and Mrs. J~~h~. n
Group and Mr. Hassler and Mr. Timm of the CJ
Inc. to discuss the test reports ~or suspecte
vapors at the Senior/Youth Center, Peconic. Ail tests;"ir~tli~ted
that ghe gas concentrations a~e considered' to be norm~am~ient air
concentrations and a hazard does not exist to health. The Board
discussed reopening the Center which had been closed on October 14th..
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on
Tuesday, October 19, 1982 at the Southold Town Hall, Main Road,
Southold, New York. Supervisor Pelt opened the meeting at 3:100
P.M. with the Pledge of Allegiance to the Flag.
Present: Supervisor William R. Pall, III
Councilman John J. Nickles
Councilman Lawrence Murdock, Jr.
Councilman Francis J. Murphy
Councilman Joseph L. Townsend, Jr.
Justice Raymond W. Edwards
* * *
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
Moved by Councilman Nickles, seconded by Councilman Murdock, it was
RESOLVED that the minutes of the Southold Town Board meetings of
October 5, 1982,-Regular Meeting, and October 14, 1982, Special
Meeting~ ~e and hereby are approved. '
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, ~ouncilman Murdock, Councilman
es, Supervisor Pell.
resolution was declared duly ~DOPTED.
OCTOBER 19, 1982 294
Moved by Councilman Murdock, seconded by Councilman Nickles, it was
RESOLVED that the next rggu%~A~g~i~K:Qf~the Southold Town Board
will be held at 7:30 p.M., ~d~, No~!e~'b~er 9, 1982 at the So~thold
Town Hall, Main Road, Southold, New York.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
I. REPORTS
SUPERVISOR FELL: The following reports are on file in the Town Clerk's
Office and anyone wishing ~o review them can do so at the same.
2.
3.
4.
5.
6.
7.
8.
report?
North Fork Animal Welfare League, Inc. (September 1982).
Board of Town Trustees (September 1982).
Long Island Cablevision (September 1982).
Justice Tedeschi's monthly report (September 1982).
Assessor's monzhly repor~ (September 1982).
Police Department's monthly report (September 1982).
Judge Edwards' monthly report' (September 1982).
Councilmen's reports. Councilman Townsend, anything to
COUNCIL~{AN TOWNSEND: Just that as soon as the election push is over
I'm meeting with John Berryman on the Landmark Ordinance again to see
if we can work out something and see what he would agree to.
SUPERVISOR FELL: Councilman Murdock.
COUNCILMAN MURDOCK: On Sunday I attended the meeting of the Southold
Town Fire Commissioner's Association. They invited the Town Board to
attend that meeting. Generally when we get invited to attend a meet-
ing it's because somebody has~a complaint and their complaint deals
with the portable kerosene heaters. We have been in communication
between the Supervisor's Office and the Association since the first
of the year and they objected to the Town Board changing %he Town
Building Code in thaz we allow portable kerosene heaters. We changed
the Town Building Code to agree with the Fire Code the Town of Southold
adopted and the New York State Fire Code that was adopted subsequent
to that. We felt that two codes did allow and one code did not, so
we changed the one code that did not. I told the Fire Commissioners
if it were the position of the fire service in the Town of Southold
that they still feel that it's a matter of public safety, that they
should organize themselves and as well as the other fire organization~
which is the Fire Chief's Council in the Town of Southold,.and bring
that information forward to the Town Board with the recommendation
that we ban portable kerosene heaters in the Town of Southotd and
if they think that that is the prudent thing to do, I'm very sure
that this Town Board would probably ban these heaters in the interest
of fire safety and personal safety. This Town Board represents or
tries to represent the will of the people and if it's the will of
the people of this Town that we do not use portable heaters I think
this Board would be glad to change our existing code. They purport
that they will do that, so we should hear more from them. And their
other complaint deals with, again, the Village of Cutchogne, it was
moved by the Cutchogue Fire Department, they're still upset with
people parking in the "No-Parking" zones coming off of the Main
Road adjacent to Nolan's Market. They feel it is a hazardous con-
dition. They haven't gotten the action on it that they would like
to see and I told them I would report that to the Board, which I
did in the earlier session. Thank you, Bill.
SUPERVISOR PELL: Thank you. Councilman Nickles.
COUNCILMAN NICKLES: I'd just like to bring everybody up to date on
the situation at the Senior Citizens/Youth Activities Building in
Peconic. As you all know I recommended to the Board,at a special
meeting last Thursday evening,that we close the building for
occupancy until we could have further tests done or accurate tests
done to determine the exact amount of formaldehyde vapors within
the Senior Citizen/Youth Building. The Town Board, acting prudently
I think, did close the building and authorized the expenditure of
hiring a pribate laboratory to come out and test for formaldehyde
vapors, which they did on Saturday. They have just been given the
report within the last half hour, plus a letter from the Suffolk
County Board of Health relative to the results of our private lab
t~Sting and I believe some time later in the meeting we'll discuss
295 OCTOBER 19, 1982
this further and make ~ recommendation at that time whether we're
going to keep the building closed or open it. We did meet witch
the chemical parent company of Tripolymer, which is the C. P. Chemical
Company, earlier here, you may have observed us in Executive Session.
They had just been to the building and were making a report to us
along with Pan Tech, our consulting firm. So all that information
has come before them in the last half hour and lazer on in the day
a determination will be made as to when we are going to open the
building and what remedial actions will be taken there.
SUPERVISOR PELL: Thank you. Councilman Murphy?
COUNCI'LMAN MURPHY: Thank you, Bill. Judge Edwards and myself last
Thursday attending one of the last meetings of the Suffolk County
Water Studies Alternate Methods of Supplying Water. ' We' should be
get.ting the written report, I hope, in about two weeks giving us a
breakdown of the cost involved in the cost involved in the various
methods of supplying water and protecting our water. I think this
is coming at a perfect time where we could use this information to
incorporate in the Master Plan and to help the Planning DePartment
in their decisions.
SUPERVISOR PELL: Judge Edwards?
JUSTICE EDWARDS: Nothing from this end.
SUPERVISOR PELL: The only thing I have to report is I must ask the
Villsge of Greenport to start to negotiate with us for the fire
hydrants that are outside the Village limits that are the r~nsibilit'y
of the Town. This year will end a four and a half year contr,act we
have with them, so to sit'down and negotiate with them I~will ask
Joe and Larry to meet with the proper Village officialS~a~d I will so
noii~y them to make a report back to the Board as soon as ihey can.
Joe, remember now that you represent the Town and not the'Tillage
as Mayor.
II. PUBLIC NOTICES - None
III. COMMUNICATIONS
SUPERVISOR PELL: 1. Request to the Southold ToWn Board ~by the
Southold Town Promotion Committee to put $5,000.00 in the"~own
.Budget for them.
2, From H2M giving us information on our solid was~2e ~p at
the landfill. How much tonage is going in and bringing~s up to
date on that so we can go out to RFP, request for proposals.
3. Street light request - Adrian C. McCall.
3.(a) Another-street light request O.B. Pesci.
4. Conditions of a sidewalk which Mr. Dean has already taken
care of - Ralph M. ASselta.
5. Request to name the section of 25 that was abandoned, or
will be by the State of New York, up in front of the Laurel SChool.
to be Franklinville Street, Lane or Road. They would like the
Town to rename that section of 25 that goes around by two or three
stores they have there and by the school.
6. Report on our building that Councilman Nickles Spoke to you
about and we are working on that now and will be doing something
about that later. (Senior/Youth Center)
7. Another street light request - Josephine Sellers.
8. Petition signed by 50 peopl'e from the Captain Kidd Water
District area up there requesting the Town to intercede on their
behalf and perhaps set up a water' district. We did discuss this .....
The people were in, a group of them were in today', and we asked
them to bear with us for another couple of weeks until we see what
the result of a report that's going to come back that Frank mentioned
before. That will be back on the agenda in about a month.
9. A report notifying us that one our town employees, Magdatine
Goodrich, will'receive an award October 30th for outstanding work
she' has done in her field. It's a county award and we are very
proud of Mrs. Goodrich.
lO. A two-fold thing, first the Southold group of senior citizens
requests that the Town look into putting a.flag pole outside of the
building up on Peconic £ane and secondly, it wants to thank the Town
Board for all the effort they have put into the building to make it a
~ine place for them to meet and car~y on their activities.
11. From New York State in reference to allowing their planning
boards to do cluster zoning. We already do this in the Town.
2. From the D.E.C. saying they were in error
the T~-~-n--of Southold off of the
OCTOBER 19, 1982 296
took us ~rom number two and put us down to number 23 on the 201 ~cavenger
Waste Project we have .going T~To~n Board did discuss this with
H2M today and it goes back' ~%~'~th ~o go into it in more
detail.
13. Letter from our County Legislator Gregory Blass informing
us of the development rights in the County of Sarasota, upstate,
what is going on there.
I'm going to stop right now before we get to Number 14 and go
into public hearings. At this time I will ask for a recess for the
necessary time it takes.
Moved by Councilman Murdock, seconded by Councilman Murphy, it was
RESOLVED that a recess be called at this time, 3:00 P.M., for the
purpose of holding five wetland hearings,
Vo~e of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Mu~doc~, Councilman
Nickles, Supervisor Poi1.
This resolution was declared duly ADOPTED.
IV. PUBLIC HEARINGS
Wetland Applications:
3:30 P.M. Costello Marine Contracting Corp. on behalf of
Paul Birman.
3:35 P.M. Costello Marine Contracting Corp. on behalf of
Anthony Prisco.
3:40 P.M. - Enconsultants, Inc. on behalf of Robert Mun'ch.
3:45 P.M. - Enconsultants, Inc. on behalf of Pelix Alfano.
3:50 P.M. - Mary Jane Gross.
Meeting reconvened at 4:00 P.M.
III. COMMUNICATIONS (Continued).
sUPERVISOR PELL: 14. Letter from Supervisor of Riverhead Town ~
asking us to go ahead with their township in opposing the taking
over of the assessment roll by the County of Suffolk which the
Board will do.
15. (a) We have no problem with - Sense of the County Legislature -
urging limited industrial development of land in hydrogeotogic zone 3,
208 study.
15. (b) We will put it on the agenda on November 9 ~o go in
opposition to the request by Legislator Foley - Sense of the Suffolk
County Legislature - encouraging local municipalities to provide
public wa~er to contaminated areas.
16. From our County Exec informing us of some $3 million dollars
in federal funds that could become availabIe, it's a part of it, to
the municipalities, and the grands for development of Local Waterfront
Programs. To be turned over to Jim McMahon who wilt look into it and
get back ~o us.
17. From the Mayor of the Village of Greenport and I will ask
Councilman Murphy ~o explain it.
COUNCIL~N MURPHY: This letter is from Mayor George Hubbard asking
us to do something that the Town has been doing for quite some time
and we will continue doing it, it is policing their dog problem under
the Agricultural and Marke~s Law which we are doing and will continue
doing.
V. RESOLUTIONS
SUPERVISOR PELL: Resolution No. 1 we are going to wait until
November 9th, we are no~ ready to act upon that request. The
information we need did not come in today about insurance. 'We
will have it by November 9th and act upon it at that time.
Moved by Councilman Townsend, seconded by Counci'lman Murdock, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law State Environmental Quality Review and 6NYCRR Part 617, Section
617.10 and Chapter 44 of the Code of the Town of Southold, notice is
hereby given that the Southold Town Board, as lead agency for the
action described below, has determined that the project, which is
unlisted, will not have a significant effect on the environment.
Description of Action: Application of Enconsuitants, Inc. on behalf
of Edwin M. Latson for a Wetland Permit ~o construct a timber bulk-
head with two returns and backfill with cneal sand fill at private
right-of-way off Island View Lane, on an unnamed creek at Conkling
Point, Greenport, New York.
297 OCTOBER 19, 1982
e
II.
The project has been determined not to have a significant e£fect
on the environment for the foI$owing reasons:
An environmenval 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.
Moved by Councilman Murdock, seconded by Councilman Townsend, it was ~
RESOLVED that the Town Board of the Town of Southotd set Tuesday
November 9, 1982,. Southo~d Town Halt, Main Road, Southold, NeW York
for hearings upon the following wetland applications:
3':00 P.M.upon application o£ Enconsultants, Inc. on behal~ of
Peter Sterling to construct timber dock, catwalk, ramp and £1o~t
at Harbor Lane, on Eugenes Creek, Cutchogue, New York.
3:05 P.M. upon application of Enconsuttants, Inc. on behalf of
Edwin M. Latson to construct a timber bulkhead with two returhs and
backfill with clean sand fill at private right-of-way off Island
View Lane, on an unnamed creek at Conkling Point, Greenport, New York.
Vote of the Town-Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Petl.
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 Souihold hereby approves
the execution of an agreement by Supervisor William R. Pel!, III
between the Town of Southold and The American Appraisa~::~om~any for
annual continuous service of' fixed assets appraisal at~a~'~ost of
$660.00. '
Vote of the Town Board: Ayes: Justice Edwards,-Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilma~
Nickles, Supervisor Pell.
This resolution was declared du!y ADOPTED.
Moved by Councilman Murphy, ~econded by Justice Edwards, it was
RESOLVED that.the Southold Town Board declare itself lead ~gency
in regard to the State Environmental Quality Review Activin ~h~
matter of the application of Enconsultants, Inc.~'on behalf Of
.Lagoon Association for a Wetland Permit on certain prop~r:ty located
on Wunneweta Lagoon, off Peconic Bay, Cutchogue, New York.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor PetI. ~
This resolution was declared duly ADOPTED.
Moved by Justice Edwards, seconded by Councilman Nickles,
WHEREAS, there has been introduced a~ this meeting of the Scut. hold
Town Board a Local Law to amend the Southold Town Zoning Code which
reads as follows:
LOCAL LAW !. ~
A Local Law to Amend the Zoning
Code of the Town of Southold
BE tTENACTED by the Town Board of the Town of Sou/hold as follows:
Chapter I00 of the Code 'of the Town of Southo!d is hereby amended asifollows:
(additions are indicated by underline; deletions by [brackets~
Article I is amended by additing thereto a new section~ to be Section ~00-9 to
read as follows:
Section I00-9. Title
.This chapter shall be known and may be eiled as the "Southotd Town. Z0n{ng Code".
Section 100-10 of Article I. is amended by adding thereto a new subdi~dsion to be
subdivision J to read as follows:
To mmke provision for, so far as conditions may permit, the accomrnodatior~
of solar energy systems and eqnipmeng and access to sunlight necessary
therefor.
OCTOBER 19, t982 .~: 298
Iii.
Article I. Section t00,13,; Sub~i~n~]3 .~(Definitions) is amended by amending the
terms to read as follows:
BASE1VIENT - A story [in] of s building [, the structural ceiling level of which is
four (4) feet or more] partly below the finished grade level which, has more than
one-half (1/2) of its height, measured from floor to ceiling, above lhe average
[level of] established curb level or [the] finished grade [where such grade abuts
that exterior wall of such building which fronts on any street, and the floor level
of which is below finished grade at any point on the periphery] of the land
immediately adjacent to the building°
CELLAR - Any space in a building [~ the structural ceiling level of which is less
than four (4) feet above the 'average finished grade where such grade abuts that
exterior wall of such building which fronts on any street~ A "cellar" shall not be
considered in determining the permissible number of stories] partly below the
finished grade level, which has more than one-half (1/2) of its height, measured
.from floor to ceiling, above the average established curb level or finished grade
of the land immediately- adjacent to the building.
FLOOR AREA - The sum of the gross horizontal areas of [the several] all floors
of the building or buildings on a lot, having a clear height of not less than six (6')
feet, measured from the exterior faces of exterior walls or from the center line
of party walls separating, two (2) buildings, [excluding] including cellar and base-
ment areas_ [used only for storage or for the operation and maintenance of the
building. ]
FLOOR AREA, LIVABLE - All spaces within the exterior walls of a dwelling unit,
exclusive of g~rages, breezeways: unheated porches, cellars, heater rooms and
approved basements having a window area of less than ten percent (10%) of the
square foot area of the room. Usable floor area shall include all spaces not
otherwise excluded above, such as: principal rooms, utility rooms, bathrooms,
all closets and hallways opening directly into any rooms within the dwelling unit
and all attic space having a clear height of six (6) feet from finished floor level
to pitch of roof rafter with a clear height of seven (7) feet six (6) inches from
finished floor level to ceiling level over fifty percenL (50%) of the area of such
attic space.
HEIGHT - The vertical distance measured from the average elevation of'the
finished grade [at the front] of the_ land immediately adjacent to the building to the
highest point of the roof for flat and mansard roofs, and to the mean height between
cave and ridge for other types of roofs.
- ttO~-M]~ OCCUPATION - This shall be understood to include the professional office
or studio of a doctor, dentist, teacher, artist, architect, engineer, musician,
lawyer, magistrate or practioners of a similar character, or rooms used for
"home occupations" including home baking, millinery or similar handicrafts,
provided that the office, studio or occupational rooms are located in a dwelling
in which the practitioner resides, [or in a building accessory thereto] and pro-
vided, further, that no goods are publicly displayed on the premises and no sign
or advertisemer~t is shown other than a sign not larger than two (2) square feet
in total area, bearing only the name and occupation (words onlY) of the practitioner.
STORY, HALF - Any space with a minimum clear height of five (5') feet partially
within the roof framing where the clear height of not more than fifty percent (50%)
of such space between the top of the floor beams -and the structural ceiling level
is seven (7) feet six (6) inches or more.
STRUCTURAL ALTERATION - Any change in the supporting members of a .....
building, such as beams, columns [or] , girders [. ] , footings, foundations or
bearing walls.
IV.
Article I, Section 100-12, subdivision B, (Definitions) is amended by adding
thereto the following new terms:
ALTERATION - As applied to a buitding or structure, means a change or rearrange
rnent i~ the structural parts or in the exit facilities, or an enlargement, whether
extending on a side or by increasing in height, or the moving from one location
or position to another.
299 OCTOBER 19, 1982
BUILDING AREA - The aggregate of the maximum ho.rizon~al cross sectio~ of the
buildings on a lot, measured between the exterior faces of walls.
.. he .term Building Area" .shall include the following:
(t) Balconies.
.(2). Ter. races,~ patios, decks and other structures above the finished grade.
(3) Swimming pools, tennis courts and other similar structures.
The term "Building rea shall exclude the following:
(1) Cornices, eaves', 'gutierm, chimneys ahd fireplaces pro3%dtin~ no~'more
' than twenty-eight (28") inches from exterior walls.
(2)
Steps and open porches, projecting not more than five (5') feet from
.exterior wslls arid'having an area of not more than thirty (30! square
feet.
(3)
.F. irs~ story bay windows projecting not more than three (3') feet from
exterior, walls, and exterior cellar doors pro~jecting not more than
{6') feet from exterior walls.
CONDO~'VIINIU1V~- A
.owned~ each owner receivin
his dwelling unit indeRenden~
building or buildings.
units
LOT COVERAGE - That
which
is, exclusive of trees, shrubs, and
unobstructed from the ground upward,
Section 100-30 A(2)(b) is amended to read as follows:
VI.
(b) The keeping, breeding [and] L raising [of fowl, excep~d~s, and large
domestic animals] @nd training of horses, domestic an~m~/s ~nd fowl
,(except ducks) on lots of ten (10) acres or more. ' -
Section 100-30 A(2)(c} is hereby repealed and Section 100-30 A(2)(d) isrelettered
100-30 A(2)(c), and amended to read as follows:
VII.
(c) Barns, s~orage buildings, greenhouses (including plastic covered), and
other related structures, provided that such buildings shall conform to
the yard requirements for principal buildings,
Section 100-30 B is hereby amended by adding a new subsection, to be Subsectio. n
14, to read as follows:
VIII,
14..Wineries for the production and retail sale of wine produced from grapes
primarily gro~n on ~he vineyard on which such winery is located.
Section 100-30 C(2) is amended to read as follows: '~
(2) Garden house, toolhouse, storage building, playhouse, wading pool or
swiraming pool incidental to the residential use of the premises and not
opera,ed for gain, subject to the following requirements:
Section 100-30 C.(2)(a) is amended to read as follows:
(a) Any swirn/ning Pool shall be completely enclosed-with a perr~anen~ chain-
link (or similar type) fence of not more than two-inch mesh~ ~not less
~han four (4) feet in height, erecled, maintained' and provided ~rith a
self-closing, [ self-locking] setf-lat.chin~ gate to prevent unauthorized use
of the pool and to ~)revent accidents. However, if said pool is located
more than four (4) feet above the ground, then a fence is not required,
OCTOBER 19, 1982 300
provided that alt points of access to said pool are adequately protected
by a self-closing, [self--t. Qcking:.]:~lf~latching gate. Any swimming pool
in existence at the effective date of the provisions of this subsection shall,
within one (1) year from such date, .comply with all of the provisions hereof.
X. Section 100-30 C'(4) is amended to read as follows:
XI.
XII.
(4)
The storage of either a boat or travel trailer owned and used by the owner
or occupant of the premises on which such boat or travel trailer is stored,
for his personal use, subject to the following requirements:
Section 100-30 C(5) is hereby repealed and the following is added in its place:
(5)
The keeping of not more than a total of two.(2) h0rsesand/or~ponies~o_q[~vn~d
and used by- the owner or tenant of the premises for his personal use, pro-
vided that the land devoted exclusively to such use (not forming a part of the
,yard requirements for any other use) shall not be less than forty thousand
_(40, 000) sauare feet for each such horse or pony, and further provided that
all buildings shall be located not less than fifty (50') feet from all lot lines.
Section 100-34 is renumbered 100-119A and Section 100-35 is renu. mbered
100-119B and the reference therein to Section 100-34 is changed to..100-tl9A;
and Section 100-36 is renumbered to 100-34.
XIII. Section 100-34 (as renflmbered from 100-36) is hereby amended to read as follows:
XIV.
In the A District, in the case of a lot held in single and separate ownership [ on the
effective date of this chapter] prior to November 23~ 1971 and thereafter, with an
area of not less than twelve thousand five hundred (12, 500) square feet and [/or] _a
width of not less than [the requirements of this chapter] one hundred (!00') feet,
a single family dwelling may be constructed thereon with rear and side yards reduc~
by twenty~five (25%) percent [provided that all other yard requirements are -~om-
plied with. ] , with a front ,yard set back of thirty-five (35') feet, Or the average
setback of the existing dwellings within three hundred (300') feet therefrom on the
same side of the street within the same block, whichever is greater.
Subdivision C of Section 100-50 is amended by adding a new subsection (3), to read
as follows:
XV.
(3) Signs as set forth in Section !00-40C(3) of this chapter.
Subdivision A of Section 100-60 is hereby, amended to read as follows:
A. Permitted uses [. ], subject to site plan apprgvat by the Planning Board in
accordance with Article ixlItI hereof:
XVI. Section 100-60A is hereby amended by adding a new subsection, to be subsection
(10) to read as follows:
XVII...
(10) Single family dwelling units in existin~ buildings~,
Subdivision A of Section 100-70 is hereby amended to read as follows:
A. Permitted uses [. ] ,, subject to site plan approval by the planning Board
in accordance with Article XIIt hereof:
XVIII.
XL%.
XX.
Section 100-70 A(1)(c) is amended to read as follows:
(c) Subsection A(2) to [(9)] (10), inclusive of Section 100-60.
Subdivision C of Section 100-70 is amended by adding a new Subsection (2) to read
as follows:
(2) Signs as set forth in Section 100-60 C(2} .of this chapter.
Subdivision C of Section 100-80 is amended by adding a new subsection (2), to read
as follows :.
.!2) Signs as set forth in Section 100-60 C(2) of this chapter
301 OCTOBER 19, 1982
i~XI. Section 110-112 is corrected to read Section 100-I12,
XXIt, Section 100-121 is hereby amended by adding a new subdivision, to be subdivision
D, to read as follows:
Interpretations, On appeal from an order, decision or determination of
an administrative officer, or on request of any town officer: board or
agency to decide any of the following:
(1) Determine the meaning of, any. provision in' this~ chapter,, or of
any conditipn or requir,emen~ specified or made unde~ the pro-~
visions of this chapter.
(2) Determine the exact location of any district [ioundg~ry, sh0%vn on
the Building Zone Map.
Xi~III. Section 100-124 is hereby amended to read as follows:
Section 100-124 Fees
All applications to the Board of Appeals for any relief provided for herein
shall be accompanied by a fee of [fifteen dollars ($15)] twenty-five dotlars
($25.00).
The first sentence of the first unnumbered paragraph of Section 100-136 (Cluster
Development) is amended to read as follows:
XXV.
The lanmng Board may [approve], m the exercise of its df, s~e~on, reGu~re
cluster developments for one fam~ty, dweiI,ngs m an ~'~.Res~ and
Agr~cul~uraI ~s~r~ct aecordmg~ to the procedure ~d
below. ] hereinafter set forth, withou~ ihe ~q~re~ehff(iha~ ~( ow'~r m~e
~itten application for the use of such procedure.
Section 100-136, Subdi~sion A. Subsection (2) is hereby a
follows: '
(2) In a cluster development, lot area [, ] shall not be ~rednce-d by more than
fifty (50%) percent, and lot width, depth, front yard, ~-~:~ yard and side
yarms s~ali not be reduced by more than [fifty perce ] thirty (30%)
percent of/he' minimum requirements set forth in the '%B%LLk and Parking
Schedule ".
XXVI. Section 100-14I, Subdivision A is hereby amended by adding a new sentence
thereto to read as follows:
~If the Building Inspe c/or de ems it ne ce s sary that plans and specifications be
examined to ascertain if the ,proposed building will comply with ,applicable
building construction, housing and fire codes, he ,may require that plans and
specifications be filed with the, building permit application°
XXVII. Section t00-141 J(1), (2), (3)~ (4) and (5) are hereby repealed and the following
provisions are added in place thereof:
(1)
Single family dwellings.
(a) New Dwelling and additions and alterations to existing dwelling:~j
Twenty-five ($25. 00) dollars, plus fix~e ($0.05) cents for each
square foot of floor area in excess of eight hundred fifty (850,)
square, re,et.
(b)
Accessory buildings and additions and alterations to exist~y
accessory buildings ~ Ten ($t0.00) dollars, plus five (,$0.95)
cents for each square foot of floor area in excess of five hundred
(500) square feet,' ....
(2)
Farm Bi, tidings and additions and alterations to existing farm buildings -
.... ~f~een ($i5.00) dollars for each building.
OCTOBER 19, 1982 302
(3) ItotelS, motels, multiple dwellings, business, industrial and all other
buildings.
(a) New buildings and additions and alterations to existing.buildings -
Fifty ($50.00) dollars, plus five ($0.05) cents for each square
foot of floor area in excess of one thousand (1,000) square feet.
(b) Accessory buildings and additions and alterations to exis~in~
accessory buildings - Fifteen ($15.00) dollars,...plus five ($0.05)
cents for each square foot of floor area in excess of five hundred
(500) square feet.
(4) Foundations constructed under existing buildings - Thirty ($30.00) dollars,
(5) All other structures (i. e. fences, pools, etc. ) and additions and
alterations to such structures - Fifteen ($15.00) dollars.
(6) For the purposes of this subdivision J, cellars, decks, attached
garages and any habitable area shall be included in- the calculation of
floor area.
XXVIII. Section 100-144G is hereby amended to read as follows:
Upon written request and upon payment of a fee of [five dollars
($5.)] fifteen ($15.00) dollars, the Building Inspector shall, after
inspection, issue a certificate of occupancy for any building or use
thereof or of land existing at the time of the adoption of this chapter,
certifying such use and whether or not the same and the building
conform to the provisions of thiD chapter.
This Local Law shall take effect immediately.
NOW, THEREFORE, BE IT RESOLVED that the Town Clerk of the Town of
Southold be and she hereby is directed to transmit said proposed
Local Law to the Southo!d Town Planning Board and Suffolk County
Department of Planning for their recommendations.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor. Pell.
This resolution was declared duly ADOPTED.
COUNCILMAN NICKLES: There is almost seven-pages, legal pages here
of code changes and revisions which the members of the Planning
Board, Zoning Board of Appeals, Building Department and committee
members from the Southold Town Board have labored over this going
back,. I think, two years and .finally have brought it far enough
along where it Could be recommended to the Town Board to review,
have a hearing and,if suitable with the public, have it adopted.
It is an effort into streamlining and to filling in the gaps which
is efforts were made so we could do this now and we don't have to
wait eighteen months for master plan revisions. These are kind
of stop-gap measures.
Moved by Councilman Townsend, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the Southold Panent Teachers Association to hold a
Halloween Parade on Sunday, October 31, 1982 at 2:00 P.M. and use
Town Roads for this purpose, provided they secure the-necessary
insurance to hol~ the Town of Southold harmless.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pelt.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: Number 8 we are going to wait on. No action at
this time until No~ember 9th. (Accept bid for resurfacing of
Sound Avenue at Western Town Limit.)
Moved by Supervisor Pell, seconded by Councilman N{C~ie~;-
%~4EREAS, the Southold Town Planning Board and Suffolk County Depart-
men~ of Planning have prepared official reports and recommendations
on the application of Nicholas Schick for a change of zone from "A"
Residential and Agricultural District to "M-I" General l{ultiple
Residence Distric~ on certain property situated at O~ient, New York,
303 OCTOBER 19, 1982
and more particularly bounded and described as follows: Beginning at
a point on the ordinary high water line of Long Island. Sound, where
the same is intersected by the easterly line of Lot No. 6 of the
subdivision known as "Lands End", Suffotk County File No. 5909;
running thence along said ordinary high water line of Long Island
Sound the following thirteen (13) courses and distances: (1) South
40° 25' 36" East 42.64 feet;(2) South 50° 36' 45" East 102.37' feet;
(3) South 62° 11' 38" East 168.23 feet; (4) South 73° 47' 43" East
189 feet; (5) South 68° 03' 04" East 137.28 feet; (6) South 72° 19'
46" East 598.52 feet; (7) South 78° 36' 11" East 126.86 feet; (8)
South 83~ 44' 17" Eas~ 123.06 feet; (9) South 89° I1' 29" Eas!t 378.47
feet; (10) South 86° 53' 58" East 139.56 feet; (11) North 86° 09' 54"
East 133.10 feet; (12) North 81° 06' 07" East 340.80 feet; (1:3) Nort~:~
77° 20' 09" East 140.88 feet to land of The United States of America:l i1
running thence along said land of The United States of Americia, South~.~l :t
22~ 00' 00" East 136.57 feet to a point on~the~ordinary high w~t~r 4ine
of Gardiner's Bay; running thence along said ordinary high water line
of Gardiner's Bay the following three (3) courses an~ distances: (1)
South 62~ 45' 00" Wes~ 47.25 feet; (2) South 59° 43' 27" West 389.03
feet; (3) South 56° 27' 16" Wes~ 191.61 feet to land now or formerly
Of James T. Hughes; running thence along said land now or formerly of
Hughes, the following three '(3) courses and distances: (1) North 36°
06' 50" West 233.06 feet to a monument; (2) South 53° 53' 10" West
100.00 feet to a monument; (3) South 36° 0~' 50" East 228.57 feet to
a point on the ordinary high water line of Gardiner's Bay; .running
thence along said ordinary high water line the following nine (9)
courses and distances: (1) South 56° 27' 16" West 78.11 feet.; (2)
South 56° 36' 40" West 387.48 feet; (3) South 53° 09' 01" Wes~ 260.15
feet; (4) South 49~ 20' 18" West 125.70 feet; (5) South 56~ 01' 15"
West 140.02 feet; (6) South 46~ 25' 28" West 88.13 feet; (7) South
53° 40' 50" West 75.92 feet; (8) South 63° 18' 18" W~ 8 feet;
(9) South 59° 05' 29" West 108.09 feet to land now z of
George E. Latham, Jr.; running along s~
of Latham, North 33° 40' 00" West
land now or formerly of Latham; running thence
of Latham North 2° 03' 40" East 2~0.20 feet to
of La, ham; running thence along said other~tan ~ow-
lng two (2) courses and distances: 534~19 ~i1
feet ~o a monument; (2) South 76° 11' a
monument and land now or formerly ~
thence along said land now or formerly of Wysocki ~5'
40" West 203.85 feet to a monument and land now or formerly of The
Long Island Lighting Company; running thence along said;-~l~Jad now or
formerly of The Long Island Lighting Company, South 78°~11' 40" West
100.00 feet to a monument at the easterly line of land ~f C.S.C.
Craneport, Inc.; running ~hence along said land of C.S.C. Craneport,
Inc. the following two (2) courses and distances: (1) North 8°' 04'
40" West 75.31 feet; (2) North 89° 25' 30" West 210.73 feet to the
westerly line of Lo~ No. 1i of the subdivision known as "Lands End";
running thence along said to~ North 0° 57' 30" East 142.12 feet
to the southerly line of Lot No. 10 of the subdivision known as
"Lands End"; running thence along the southerly line of said Lot
No. 10 North 82° 48' 10" East 171.08 feet to a point; r~nning thence
still along said Lot No. 10 and along Lots Nos. 9~ 8, 7 and'6 of said
subdivision known as ".Lands End", North 1° 21' 30" East 1004~08 feet
to the ordinary high water line of Long Island Sound at the point or
place or beginning. Now, therefore, be it
RESOLVED that a public hearing will be held by the Southold Town Board
at 8:0Q P.M., Tuesday, November ~, 1982 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 above 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 to 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 resotutio~ was declared duly ADOPTED.
10. Moved by Councilman Murdock , seconded by Councilman Townsend, it was
RESOLVED that the Town Clerk be and she hereby is authorized and
directed to advertise for bids for the purchase of scrap metal and
and paper from the SouthOld Town landfill site at Cutchogue, New
York for the calendar year 1983.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
~ ~Tewnsend, Councilman Murphy, Councilman Murdock Councilman
~!/~ N~ckles, Supervisor Pell. '
. ~:iThis re~olution was declared duly ADOPTED.
OCTOBER 19, 1982
304
11.
Moved by Councilman Murphy; sea~-~a~by Justice Edwards, it was
RESOLVED that the Town Clerk b$ ~'she hereby is authorized and
directed to advertise for bids for the purchase of (1) Heating Fuel
Oil; (2) Diesel Fuel; and (3) Gasoline for the Town of Southold for
the calendar year 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: The rest of the resolutions you people do not
have on your agenda, but they came up today and the Board felt the~
should be put on the agenda. We will take them and try to explain
them as we go along.
Moved by Justice Edwards, seconded by Councilman MurdOck, it was
RESOLVED that the Town Board of the Town of Southold allocate
$1~,458.S5 from General Fund Whole Town Surplus Account to New
York State Department of Transportation Bond Act Account.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nicktes, Supervisor Pell.
This resolution was declared duly ADOPTED.
13.
Moved by Councilman Townsend, seconded by Supervisor Pelt,.it was
RESOLVED that the Town Board of 'the Town of Southold authorizes
the payment of $11,458.85 to Holzmacher, McLendon & Murre!l, P.C.
for engineering services incurred for the resurfacing of Sound
Avenue at the Western Town Limit project in the amount of $~0,756.80,
and $702.05 for engineering services incurred for the Town Street
Lighting Project.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nick!es, Supervisor Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: What this is about is paying for, I am~going to
say, up-front money. This money will come back to the Town from
New York State Bond Act and when it comes back in it will go into
the Whole Town Surplus Account. But the engineering work was done
sometime ago and we have to pay our bills, pay our firm, and we
cannot get the money in until some of the work is done and bills
are in, so we are putting this money up-front, but it will come
back in full to the Town Surplus Account.
14.
Moved by Councilman Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold authorizes
an additional $5,000.00 in engineering service~ by Hotzmacher,
McLendon and Murrell, P.C. in connection with the Resur£acing of
Sound Avenue at the Western Town Limit Project.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy,' Councilman Murdock, Councilman
Nick!es, Supervisor Pell.
This resolution was declared duly ADOPTED.
15.
Moved by Justice Edwards, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold authorizes
Holzmacher, McLendon & Murretl,P.C. to proceed with the Project
Initiation Report for the Federal Aid'Rural Secondary Road System~
Program resurfacing of Aldrich Lane, Laurel, az a cost not to
exceed $4,000.00.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nick!es, Supervisor Pe!l.
This resolution was~clared duly ADOPTED.
SUPERVISOR PELI,: Explanation on this one is that the Town Board
application put out a request to do Depot Lane, resur£acing it ms
priority one, and Aldrich Lane as priority two under a federal
granv that was made available ~o the Town, five east end, six east
end Towns,a year or so ago. Depo~ Lane was ruled out. Aldrich
Lane is under consideration. We must take the next step, this is
to prepare the specs for the next step. If it is approved, the
Town will receive over $400,000.00 to resurface that road and this
is taking the next step to it. We had made this priority two, but
where this is a main connecting route from north to south road the
County of Suffolk and the State says this is number one.
305
OCTOBER 19, 1982
Movedby Councilman Murphy, seconded by Councilman Murdock,
WHEREAS, Cost~llo Marine Contracting Corp. on behalf of Paul Birman
applied to the Southold Town Board for a permit under'the provisions
of the Wetland Ordinance of the Town o£ Southold, applicatign dated
July 28, 1922, 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 19th day of October, 1982, at which time all
interested persons were given an opportunity to be heard, now,
therefore, be it
RESOLVED that Costello'Marine Contracting Corp. on. behalf of Paul
Birman be granted permission under the provisions of the Wetland
Ordinance of the Town of Southold to resheath in-kind approximately
40 ft. of bulkhead directly in fro~t ~f?ex~ting bulkhe'~d:~.a~d fill
space between with clean, trucked-in sand at Sunset Way, on Canoe
Inlet off Cedar Beach Creek, Southold, New York PROVIDED Spartina
grass is transplanted out in the waterways. Thispermit shall expire
on October 19, 1983; there shall be two inspections required; and
the Town CIerk shall be notified when the project is completed.
COUNCILMAN TOWNSEND: Normally we would not move on something as
fast as this, but since there was no comments pro or con on this
thing and it was all pretty well proforma laid out for us I think
it's okay to go on so far as I'm concerned.
SUPERVISOR. PELL: We're asking the Board to move on all ~iVe hearings
we held today. This is number one.
COUNCILMAN TOWNSEND: There was no'comment on any of them.
Vote of the Town Board- Ayes' Justice Edwards
Townsend, Councilman Murphy, Councilman Murdock,
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
~ounCilm~
~un.ct~l:man
17. Moved by Justice Edwards, seconded by ~ilm
WHEREAS, Costello Marine Contra
applied to the Southold Town B
the Wetland Ordinance of the Town of Southold~
30, 1982, and -
WHEREAS, said application was referred to the
and Southold Town Conservation Advisory Counci for their ~i~dings
and recommendations, and
WHEREAS, a public hearing was held by the Town Board wit~ respect to
said application on the 19th day of October, 1982, at which time all
interested persons were given an opportunity to be heard, now:,
therefore, be it
RESOLVED that Costetlo Marine Contracting Corp. on behalf o£ Anthony
Prisco be granted permission under the provisions of the Wetland
Ordinance of the Town of Southold to resheath in king, board for
board replacement, approximately 90 ft. of bulkhead directly in front
of existing bulkhead and fill space between with clean trucked-in
sand at Sunset Way, on Canoe Inlet off Cedar Beach Creek, Southold,
.... New York PROVIDED Spartina grass is transplanted out in the waterways..
This permit shall expire on October'lg, 1983; there shall'be two
inspections required; and~'the Town Clerk shall be notified when
the project is completed.
COUNCILMAN MURDOCK: I'd like to make one correction. I th~nk
the way this was read was to fill the space between with clean
trucked-in sand, I think that applied to when it was four foot,
when they originally asked for four feet.
COUNCILM~N NICKLES: Resolution to be-passed as application was
amended? The next one is the same way.
TOWN CLERK: I think you have to understand that the first one--
and they're both side by side on Sunset Way--was directly in front,
but you can put a bulkhead directly in front but there's going to
be a little gap and I think you have to put sand in between. I
prepared this resolution from the amendment.
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.
19.
20.
OCTOBER 19, 1982
306
Moved by Councilman Nickles;~'~A~d-$d: by Supervisor Fell,
WHEREAS, Enconsultants, Inc. on behalf of Robert J. Munch applied
to the Southotd Town Board for a permit under the provisions of
the ~Vetland Ordinance of the Town of Southold, application dated
Augus~ 3, 1982, and
WHEREAS, said application was referred to the Southold Town Trustees
ann 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 19th day of October, 1982, at which time all
interested persons were given an opportunity to be heard, now,
therefore, be it
RESOLVED that Enconsultants, Inc. on behalf of Robert J. Munch be
granted permission under the provisons of the Wetland Ordinance of
the Totem of Southold to construct a bulkhead entirely above mean
h~h'wat~r mark, c~waik, ramp and floating dock on Mattituck Creek
at 2790 Westphalia Road, Mattituck, New York. This permit shall
expire on October 19, 1983; there shall be two inspections required;
the Town Clerk shall be notified when the projecv is completed.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickies, Supervisor Pelt.
This resolution was declared duly ADOPTED.
Moved by Councilman Murdock, seconded by Councilman Townsend,
WHEREAS, Enconsultants, Inc. on behalf of Felix Alfano applied to
the Southold Town Board for a permit under the provisions of the
Wetland Ordinance of the Town of Southold, application dated
August.23, 1982, and
WHEREAS, said application was referred to the Southold Town Trustees
and Southold Town Conservation Advisory Council for their findings
and recommendations, and
WHEREAS, a public hearing was held by the Town Board with respect to
interested persons were given an opportunity to be heard, now,
therefore, be it
RESOLVED that Enconsultants, Inc. on behalf of Felix Alfano be
granted permission under the provisions of the Wetland Ordinance
of the Town of Southold to renovate and expand existing dock to
result in fixed elevated ca~walk, hinged ramp and float at the east
side of Harbor Lane on Eugene's Creek, Cutchogue, New York. This
permit shall expire on October 19, 1983; there shall be two inspections
required; and the Town Clerk shall be notified when the project is
completed.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Councilman Murphy, seconded by Justice Edwards,
WHEREAS, Mary Jane Gross applied to the Southold Town Board for a
permit under the provisions of the Wetland Ordinance of the Town of
Southotd, application dated June 28, 1982, and
WHEREAS, said application was referred to the Southold Town Trustees
and Southold Town Conservation Advisory Council for their findings
and recommendations, and
WHEREAS, a public hearing was held by the Town Board with respect to
said application on the 19th day of October, 1982, at which time all
interested persons were given an opportunity to be heard, now,
therefore, be it
RESOLVED that Mary Jane Gross be granted permission under the provisions
of the Wetland Ordinance of the Town of Southold to construct a dock
and catwalk-at her proper~y on West Creek extension of Goose Creek,
at 275 Sun Lane, Southotd, New York. This permit shall expire on
October 19, 1983; there shall be two inspections required; and the
Town Clerk shall be notified when the project is completed.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Fell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: That ends the agenda prepared for the Town Board
today. Does any Town Board member wish to bring anything else up
at this time? Joe? (No.) Larry? (Not now, thank you.) John?
(Yes.).
COUNCILMAN NICKLES: The bill we just received from the New York
Testing Laboratories, inasmuch as that resolution was approved
3O7
OCTOBER 19, 1982
last week for $700.00, can that just be paid or do we need a
resolution.
TOWN ATTORNEY TASKER: You should pass a resolution.
COUNCILMAN NICKLES: They were so cooperative in getting out here
immediately instead of coming the end of this week.
Moved by Supervisor Pell, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby approves
the payment of $630.00 to New York Testing Laboratories, Inc.I for
formaldehyde room air tests performed at the Senio~ CitiZen/Youth
Cente.r, Peconic Lane, Peconic, New York.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, .Councilman
Nickles, Supervisor Petl.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: Anything else John?
COUNCILMAN NICKLES: Yes, I want to make one other comment. Yesterday
we began reviewing the budget that was presented vo the Town Board by
the Supervisor and some weeks ago I had read in the paper that the tax
rate increase was projected by the Supervisor as being about 4~%~ but
we find out after a closer look at the budget yesterday that ~he vax
rate increase is a little bit over 9.1% and I would just like"that
noted because I hate vo take credit for something I didn't do whiOh
is increasing the vax ra~e which is up--I don't want to increase the
4½% by 100~ to 9~ and iv was already at 9%, so I'd like the record
to show that from the figures now given vo us by the Supervisor in
his office yesterday that the tax rate increase in the~b~dget as
presented to the Town Board is 9~ not 4½%.
SUPERVISOR PELL: Frank? (Nothing.) Ray? (Yes.)
JUSTICE EDWARDS: Jusv one comment and this w
also. There was a meeting
I could nov attend, the Fishers
very concerned about the overnmghters in West
to look for more protection out there nex~ summer to
some more meevings before ~he first of the
so we can limit the moorings out there and put ~d
we're going to charge mooring fees and there will coming in
to the Town for this, but we're also going to look for mo~e help in
West Harbor to police the area and I'm sorry that I couldn't attend
that civic association meeting. There were quite a few people there,
the summer residents were there over the Columbus holiday and they're
very concerned over the Connecticut boaters that are coming into West
Harbor. Thank you.
SUPERVISOR PELL: Thank you. Anybody wish to address the Board from
the floor? (No response.) If not, we will recess the meeting.~ We
will nov adjourn, I want to go into Executive Session with the Board
more on the building up on Peconic Lane. I do anticipate a resolution
before we go home tonight ~o do something with that building, ibut I
must discuss the legalities with the Board in Executive Session.
Moved by Supervisor Pell, seconded by Councilman Nickles, it was
RESOLVED that a recess be called at this time, 4:18 P.M., for ithe
Purpose of holding an Executive Session of the Town Boar~.
Vote of the Town Board:~ Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
EXECUTIVE SESSION
4:25 P.M. - The Town Board discussed the feasibility of reopening
the Senior Citizen/Youth Center based upon test reports from the
Suffolk County Department of Health Services, New York Testing
Laboratories, Inc. and consultantions with the United States Consumer
Product Safety Commission. A resolution to reopen will be adopted
when the Regular ~eeting reopens.
OCTOBER 19, 1982 .- ~ ~ 308
WORK SESSION
4:50'P.M. - Youth Coordinator and Community Development Director
James McMahon met with the Board to discuss setting up a Youth
Services/Community Development Office. Hours of work involved
in each division was discussed.
REGULAR MEETING REOPENED AT 4:55 P.M.
23.
24.
Moved by Councilman Nickles, seconded by Councilman Murdock,
WHEREAS, the Town Board of the Town of Southoid closed the Senior
Citizen/Youth Recreation Center at Peconic on October 14, t982 due
to reports Of odors that could be hazardous ~o health, and
WHEREAS, scientific room air tests have been conducted by the Suffolk
County Department of Health Services and New York Testing Laboratories,
Inc. and consultations have been held with the United States Consumer
Product Safety Commission, and these tests have satisfied the Town
Board that the gas concentrations are considered to be normal ambient
air concentrations and a hazard does not exis~ to the public using
the Senior Citizen/Youth Recreation Center, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold immediately
reopen the Senior Citizen/Youth Recreation Center at Peconic, and
take whatever remedial action is deemed necessary to further eliminate
whatever perceived odors may still exist.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
'Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Supervisor Pell, seconded by Councilman Murphy,
WHEREAS, the Southold Town Board adopted a resolution on June 22,~
1982 authorizing the Long Island Lighting Company to run proposed
69kV ~ransmission line through a short distance within the Town,
mainly on private property, and under certain prescribed conditions,
and
WHEREAS, the Shelter Island Town Board has registered strong objections
to this transmission line being run through their township unless it
is buried beneath the ground, due to their concern for the impact on
their community should the proposed line be placed above ground, now,
therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby goes on
record as supporting the position of the Shelter Island Town Board
in requiring the Long Island Lighting Company to bury beneath the
ground their proposed 69kV transmission line through the Town of
Shelter Island.
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 Supervisor Pell, it was
RESOLVED that the Town Board of the Town of Southold increase the
Supplemental fee for individual holders of the Southo!d Town Code
to $25.00 effective January 1, 1983.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Supervisor Pell, seconded by Councilman Murdock,
WHEREAS, a Special Court Facilities Committee was established by
Resolution No. 1381-82 of the Suffolk County Legislature, and
WHEREAS, said Special Court Facilities Committee is studying the
location of certain courts within the County of Suffolk; and
WHEREAS, the County seat of Suffolk County is located within the
Town of Riverhead and it would be advisable for a residenm of
the Town of Riverhead to sit on the Committee, now, therefore,
be it
RESOLVED by the Town Board of the Town of Southo!d that the Suffolk
County Executive and the Suffolk County Legislature are hereby
requested to appoint a residen~ of the Town of Riverhead to sit
on the Special Court Facilities Committee, and be it further
RESOLVED that the Town Clerk shall send copies of this resolution
to Peter E. Cohatan, Suffolk County Executive; William Rogers,
309 OCTOBER 19, 1982
Clerk of the Suffolk County Legislature; Herbert B. Evans, Chief
administrative Judge for New York State; Arthur M. Cromar~y,
Administrative Judge of Suffolk County; President of the Suffolk
County Bar Association and the Supervisors of the Towns of Su£folk
County.
Vote o£ the Town Board~ Ayes~ Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock~ Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Supervisor Peti, secondsd by Justice~Edwards, it was
RESOLVED that there being no further business to come before this
Town Board meeting adjournment be called at 5:10~ P.M.
Vote of the Town'Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock,~.~ounc!$man
Nickles, supervisor Pell.
This resolution was declared duly ADOPTED.
Southold Town Clerk