HomeMy WebLinkAboutTB-11/23/1982349
SOUTHOLD TOWN BOARD
NOVEMBER 23, 1982
WORK SESSION - 7:00 P.M., November 22, i982
Present:
Supervisor Willia~4~ ~ellj~.~[~I ~
Councilman J0hn~J'.[~le~~ .... ~'
Councilman Lawrence Murdock, Jr.
Councilman Francis J. Murphy
Councilman Joseph L. Townsend, Jr.
Justice Raymond W. Edwards
Town Attorney Robert W. Tasker
Town Clerk Judith T. Terry
Superintendent of Highways Raymond C. Dean
Town Engineer LawrenCe Tuthill
Also Present: Greenport Village Mayor George Hubbard
Village Trustee Samuel Katz
Village Trustee William Allen
Superintendent of Utilities James Monsell
Roger Wilhelm, Gannett b Fleming
Merlon Wiggin, Peconic Associates, Inc.
Ruth Oliva, North Fork Environmental Council
Paul Demery, The Long Island Traveler-Watchman
Tim Gould, The Su~£olk Times
Bill James, East Hampzon Sun
Martin Garretle.
Supervisor Pell opened the meeting by stating its purpose was to
(t) see if there is a common goal or bond between the Town of Southold
and the Village of G eenport to go forward w~th the 201 Fa. cility Plan,
and (2) if so, the Town and Village would gd into Executive'~es~i0n
and negotiate for the purchase of a parcel of property for the plant.
Councilman Murphy requested that a report be made by Councilman
Murphy and Superintendent of H~ohways Dean on their meeting with
the D.E.C. relative to the composting program, before further
discussion on the 201 Plan. Mr. Dean said they had talked with
~r. San£ord of the D.E.C. and explained the entire tempesting
operation and Mr. Sanford thought it was fantastic; he was over-
whelmed that rye can eliminate so much bulk with the mixer and
it would act as a sponge rather than a map for the landfill,
although Mr. Sanford is not ready to make a decision on that
at the present time. Mr. Dean said this might be the'inovation
the Town has been looking for. Councilman Murphy said Mr. Sanford
gave 100~ approval zo the composting program - a volume reduction
program. Mr. Sanford said the Town can use the cesspool waste as
it comes directly out of the wagons and can also take Greenport
sludge and mix it into the compost. The D.E.C. will come down and
to the testing and monitoring for the Town,--Councilman Murdock
replied that he has always been opposed to the 201 Plan and has
allowed it to go along to this point. He does noz feel a $1,800,000
expenditure on this project is in order. He now feels that the Town
has a less expensive solution with the compost/shredder machine. He
said scratch the 201 and go into the volume reduction and composting
program at the landfill site. The'results of Dean and Murphy's meet-
ing with the D.E.C. and their enthusiasm for the projeot has convinced
him he is right.---Councilman Townsend stated that the Town has been
told in the pasz by the D.E.C. tha~ we must go to the 201 Plan. The
water quality in Town has been deteriorating rapidly. He is convinced
the proposed project can work and not ~o take the 201 route would be
very risky and quite foolish and the Town and Village should get down
to final negotiations.--Mr. Dean stated that Mr. Sanford had asked
~ .them if the Town.was going along with the 201 Plan and they sai~ the
To~n had all intentions of going forward, to which ~tr. Sanford replied
NOVEMBER 23, 1982 350
he hoped so.---Councilman Mur opinion that money
should not be the object at this time; the water on the east end,
quantity and quality-wise is just about zero; the only clean,clear
water is west of Mattituck. He is in favor of the 201 Plan. The
composting program would fill in the gap and should not be the answer
to the problem. He does not like the idea of the Town spending
$380,000 in direct funds but the Town is in a serious problem with
the water and must start moving and the 201 is the only answer for
the future.---Councilman Nickles said he did not envision a meeting
with the Village present, he thought this was going to be the Town
Board's final meeting in making a decision and resolve some of the
questions and concerns. He cannot see how the Town can go forward
with negotiations at this point until the Town has made their final
decision whether or not to go forward with the 201 Plan. He would
like to know-what the-overall 'cost will ~.~; what the Town 'is going
to gain from it; what the alternatives are; what about the cesspool/
septic tank management plan for all areas served by individual on-site
septic systems?---Supervisor Pell stated he feels much like Councilmen
Townsend and Murphy, he is 100~ in favor of the composting program
which will eliminate the lagoons in a matter of months, however, he
does not feel this is for the long term and the Town should go ahead
with the 201 Plan.---Councilman Murdock said that five years down
the line, with the rapid development of septic sludge and sewage
treatment, the 201 program could become obsolete. If they ~re going
to use the septic sludge in Cutcbogue, there is no need for the plant
in Greenport; the problem could be solved with the compost program.
He can see the ground water being protected with the compost program
now and in the future.---Mayor Hubbard said he likes the idea of the
composting. The Village does not need the scavenger waste in
Greenport and they will not make a great deal of money from ~he plant;
it will only be added expense and headaches, however, he can only see
the composting as a backup program.---Trustee Katz agreed with Mayor
Hubbard, stating the Village does not have a problem and is well
satisfied with their sewer system and the Town is the one that is
looking to the Village for assistance.---Mr. Monsell said he is of
the opinion the 201 Plan will improve the quality of life in Southold
Town and improve the ground water reservoir. On the question of
storage - there is provision for storage in the engineering plan
and can overcome any septic part of the scavenger waste. Asked if
he was satisfied with the H2~ design of the plant and he replied
he was very happy with it, would be glad to take it over tomorrow
and operate it.---JUstice Edwards e~pressed his opinion that he is
happy with the composting and can see where it would do the job,
and he questions the changes in technology over the next few years
that might make the scavenger waste plant obsolete.---Councilman
Nickles asked how flexible to adaptation to new technology the
pland would be in years to come, and is Shelter Island included in
the plan?---Mr. Monsell said there is no commitment from Shelter
Island, but 3000 gallons in the design has been provided for them
so it can handle Shelter Island. As far as adaptation to new
technology, probably phase by phase it could be changed, but not
the entire design, which would be cost prohibitive.---Councilman
Murphy emphasized the ~ritical water problem in the Town and explained
that the mandated septic tank pumping mentioned by Councilman Nickles
will prevent further water problems.---Councilman Townsend asked if
it is worth it to let the program go and rely strictly on the compost
program and should the D.E.C. mandate it in a few years from now it
wilI be a huge expense to the taxpayers to build a scavenger waste
plant, since state and federal funding will probably not he available
at that time.---Councilmen Murdock and Nickles, in reply to Councilman
Murphy's statement on water problems in the Town, said they cannot see
where the scavenger waste plant is going to protect the ground water,
since it requires huge quantities of ground water for operation, where-
as composting does not require any ground water.---~r. Wilhelm was
of the opinion composting is a viable solution a few years down the
line; perhaps use a digester in conjunction with an incinerator; This
would save a tremendous amount of money for the taxpayers and_the Board
should consider studying ~t very carefully. He thought that to go to
a digester would set the program back about seven months, but he did
not feel the Town would lose the money.---Councilman Murdock emphasized
the Town should go with the compostiRg program and drop the 201 Plan.--
Councilman Townsend said he could see that composting would be the
solution if it works and doesn't pollute the water and would be
relatively inexpensive, but the thinks that after a discussion with
the D.E.C. on scrapping the 201 Plan, everyone will be back in a few
days to hash it over again. He would like to meet with the D.E~C.
and find ~ut whether they will go along with strictly compsting
35t NOVEMBER 23, 1982
as a solution to the septic waste problem, and would like to get
the D.E.C.'s reply in writing.---M~. Wiggin suggested the Town tell
the D.E.C. they want to consider alternative methods and would like
six months to explore this.---Supervisor Pell will reques~ a
representative of H2M to be at the Work Session of the Town Board
on November 23rd to discuss the results of this meeting, and to
make arrangements for a meeting with the D.E.C. between the Town
Board, Superintendent of Highways Dean, and Town Attorney Tasker
in the immediate future.---As far as negotiations for a parcel of
land for the Scavenger Waste Plant, the Village officials stated
he did not want to discuss that until the Town has made up their
mind on which way they intend to proceed.----This meeting adjourned
at 8:55 P.M.
EX~. CUT~E~_~SESS ION ::~ ~ ~-_ ~.
8:56 P.M. - The Town Board discussed the contract proposal by S__olwin
Industries far a windmill farm at the landfill, site. It was decided
to advise Sol,in that the Board is not interested in the forseeable
future in such a proposal, as there are too many projects under
consldera~lo ay the landfill site at the present time.
NOVES{BER 23, 1982
WORK SESSION
8:30 A.M. - The Town Board audited outstanding vouchers~
9:00 A.M. - Chief H. Daniel Winters met
the Police Department monthly report,
over ~he past several weeks.
9:20 A.M. - Juvenile Officer Edward Sidor
to make a presentation on the seven months of
Aid Bureau for the Town of Southold. Officer
talk relative to lectures, disposition of'cases,
A detail report is on file in the Town Clerk's
9:45 A.M. - Community Development Director James McMahon~ught the
Town Board up to date on pending community development pr~jects.---
Under Year 7 of the Housing Rehabilitation Program for 7th~, 8th, and
9th Streets Pan Tech has five houses under way now and Mr. McMahon is
deeply involved in this program. The Environmental Review for the
Mattituck Parking Lot has started, and the Environmental Review has
been completed for the land adjoining the landfill at Cutchogue, and
the Town is on target for the November 26th closing date. Due to an
error in advertising for fencing for two Town sumps, these projects
will be rebid in the near future. Mr. McMahon advised Justice Edwards
that he will need pho~ographs of the proposed basketball court on
Fishers Island for the Environmental Review.
9:55 A.M. - Mr. Frank Francia, Chairman of the Cedar Beach Park
Association, and several other residents met with the Town Board
to discuss a proposal for the cons'truction of jetties at Cedar
Beach Inlet. Mr. Francia said tha~ on November 23, 1980, exactly.
two years ago, formal discussions began on the stabilization of
the Inlet. Enormous expenditures have been made over 1980-81 and 82
which has indicated that the County and Town have committed them-
selves to keeping the Inlet open. The people of the area, when
they submitted their petition to the Town Board admitted dredging
was not a viable solution. Ten groins west of the Inlet, 60 to
90 ft. in length, spaced over a 1400 ft. length have resulted in
stable beaches for the ten homes in that span. One, or possibly
two jetties on the west side of the Inlet will permit a fully
navigable channel and cause no harm to the area. Mr. Francia
urged the Town Board ~o request the jetties and try them, instead
of spending money each year on dredging. Mr. Bob Gazza, a resident
of Cedar Beach Park who was also presenz, said he felt very strongly
abaut the plea of Mr. Francia. Mr. John Gutdi, Principal Engineer,
Division of Waterways for the Suffolk County Department of Public
W0!~ks was also present~ at this meeting and ~tated that the jetties
w~d have to be a Town decision and if they want the County to
Participate they ~ould. have to make a request to Legislator Blass
NOVEMBER 23, 1982 3~
who would make a formal req~:.~g~t~. SUf~fotk County Legislature
and County Department of Pub~'i~'~-~:~ Mr. Guldi said he is very
pro-jet%y and agrees with 99~ of wha~ Mr. Francia said---he would
like to see two je~ies. He said the cos~ of a stone jetty is
about $500 tO $600 a lineal foot, but would pay for itself of a
period of ~en years agains~ the cos~ of redredging each year.---
Mrs. Ruth O~iva, Presiden~ of the North Fork Environmental Council
said s~e would like to see a study before jetties are constructed.
the Council is no~ opposed to jetties, but no~ entirely in favor.
She said tho littoral drift is very complicated in that location.--
Councilman Nickles said he would sponsor a resolution a% the Regular
Meeting requesting Legislator Blass to begin the necessary steps for
the stabilization of the Cedar Beach Inlet. The time fram is extremely
long and it would be perhaps five years before the jetties would be
cons%ructed.
10:25 A.M. - Mr. Harold Dombeck o£ Holzmache~, McLendon and Murrell,
P.C. me~ with the Board to discuss their reservations on proceediag
with the 201 Facility Plan, and their enthusiasm with the composting
program. Supervisor Pell explained the results of the meeting of
las~ evening to Mr. Dombeck. Mr. Dombeck was asked if the D.E.C.
is in favor of the composting program, could the Town eliminate the
scavenger waste plant and expand ~he composting program at the land-
fill site? Would the Town be putting themselves in jeopardy for
receipt of funding? Mr. Dombeck said that the scavenger waste permit
at the landfill mandated the Town to proceed with the 201 Study. It
is his opinion composting is an excellent cover for the landfill, but
strictly an experimental type operation. He said the State has advised
H2M that if the Town makes any major changes to the 201 Plan, it ~ill
put the Town back at leas~ a year for funding. Mr. Dombeck said
the State D.E.C.and E.P.A. believe the 201 Plan is a viable solution
as it exists. He does not have the answers for the composting proposal
but fee~s if it does not receive funding it would cost close to what
the local share is for the 20I-Plan. He suggested that he accompany
the Town Board on a trip to Albany early next week and present their
propsal to the D.E.C. and ask for a determination before it is ~oo
late and the present funding is lost.----Cost over-runs on the re-
surfacing of Sound Avenue was discMssed with Mr. Dombeck.
11:40 A.M. -'Off Agenda--Councilman Nickles renorted that he had
met with Supervisor Pelt and Superintendent of-Highways Dean and
a representative of Kenney's Beach Association on November 9th to
discuss a study for (1) stabilization, (2) solution without causing
erosion, (3) self-sustaining or fixed solution, and (4) the recommen-
dation should be sufficiently complete so a design could be drawn up.
Superintendent of Highways Dean recommended that Rudy Cammer~r, former
Commissioner of the Suffolk County Department of Public Works be
contacted to conduct a s~udy and the Town Board authorized him to
contac~ Mr. Cammerer and invite him to mee~ with the Board at the
December 7th Work SesSion.
11:45 A~M. - Recess for lunch.
1:35 P.M. - Work Session reconvened ~nd the Board resmmed reviewing
the agenda.
1:40 P.M. - Discussion was held relative tO the possible termination
of electric service to the Captain Kidd Water Company, Mattituck.
Supervisor Pell said he will be meeting with County Executive Cohalan
on November 24th to urge him to have the Suffolk County Water Authority
become involved in the operation of that company. A formal resolution
to this effect was placed on the agenda for the Regular Meeting.
2:00 P.M. - Mr. Stuart Turner, Paula Gilbert and Jennifer Davis of
Raymond, Parish, Pine &'Wether, Inc. wh~ are working on the update
of the Master Plan met with the Board. Also present wore: Planning
Board Chairman Raynor, Chief Winters, Executive Administrator LesSard,
Assessor Chairman Moisa, Board of Appeals Chairman Goehringer, and
Community Development Director McMahon. Mr. Turner outlined the
Mas~er Plan Program and suggested schedule for Phases I, II and III.
(A copy of this program and schedule is on file in the Town Clerk's
Office.) Superintendent of Highways Dean asked howmuch work mus~ the
local departments do for RPPW.. Mr. Turner said his staff would be
working with the department heads and would do as much of the research
themselves as possible. Councilman Nickles asked if the time for the
update could be shortened from April 1984 and Mr. Turner said it would
be possible, dependent upon how quickly data is gathered.
353 NOVEMBER 23, 1982
REGULAR MEETING
A Regular Meeting of the Southold~ToWn Board was held on Tuesday,
November 23, 1982 at the Southold Town Hall, Main Road, Southold, New
York. Supervisor Pell opened the meeting at 3:00 P.M. with the Pledge
of Allegiance to the Flag.
Present:
Absent:
Supervisor William R. PeI1, III
Councilman John J. Nicktes
Councilman Francis J. Murphy
Councilman JoSeph L. Townsend, Jr.
Justice Raymond W. Edwards
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
Superintendent of Highways Raymond C, Dean
Councilman Lawrence ~urdock, Jr.
Moved by Councilman Nickles, seconded by Justice Edwards, it was
RESOLVED that the minutes of the Regular Meetings of the Southold
~o~n Board held on November 9 , 1982, and November 16, 1982 are
hereby approved.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Supervisor Pell, seconded by Councilman Nickles, it was
RESOLVED that the.next'Regular Meeti~g of the S°~t. hol~$~;n Board
will be.held at 7:30 P.M., Tuesday, December 7~.~1982 ~he Southold
Town Hall, Main Road, Southold, New York.
Vote of the Town Board: 'Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, SuperviSor Pe!l.
This resolution was declared duly ADOPTED.
I. REPORTS
SUPERVISOR PELL: These reports are placed on file with~he ToWn
Clerk if anybody cares to review them can do so at the TD~a Clerk's
Office.
1. Justice Tedeschi's monthly report (October 1982).
2. Town Trustee's monthly report (October 1982).
3. Long Island Cablevision's monthly report (October 1982).
4. Justice Edwards' monthly report (October 1982).
5. Justice Price's monthly report (October 1982).
6. Police Department's monthly report (October 1982).
Councilmen's report - ~ouncilman Townsend?
COUNCILMAN TOWNSEND: Just a comment on a couple of things I've been
working on. On the fire hydrant contract it appears we've come to a
agreement with the Village which I fe~t is mutually advantageous. It's
somewhat less than we expected we'd go and probably somewhat more than
they thought we'd go. We did pretty well there. On the landmark
preservation we're going to have a public hearing and that's part of
the agenda tonight. I've been working on those two items.
COUNCILMA~ NICKLES: I'd just like to report briefly that the Super-
visor and the Highway Superintendent and myself met with a represen-
tative of Kenny's Beach Association and among the many problems they
have down there is how the Town's going to resolve the Town Beach at
Kenny's Beach and today the Town Board accepted the resignation of
that ad hoc committee, if you will , to look into hiring, a consultant
engineer which we plan to meet with on December 7th if he's available
to discuss what form and manner and dollars it would take to come_up
with a study and a recommendation to handle the erosion problem there.
That concludes my remarks.
COUNCILMAN MURPHY: I'd like to report that the C!am Program is all
finished for this year. It was most successful. Paul Fiagg will be
having his report come in and I would like to publicly thank Super-
intendent of Highways Ray Dean and his department for their great
help. Without them really the program, I'm sure, would not be the
great success that it is. Also we are about a week or two away from
getting the final Emergency Preparedness Plan prepared for the Town.
Thai:'s it, Bill.
NOVEMBER 23, i982
JUSTICE EDWARDS: Well, wi~h this nice day we had today we had our
first truck load of cement come over %o Fishers Island on our CHIPS
Program. To begin with we should have replaced close to 30 5x5 '"
cement sidewalk pads over there. Secondly, we,re in the process of
having our West Harbor map drawn up to a 2 ft. by 2 ft. size so we
can have a meeting sometime before the first of the year and dedicate
the mooring spaces with the help of our Town Attorney on West Harbor,
Fishers Island. That's it.
SUPERVISOR PELL: The report I have to make is I have a meeting
tomorrow morning with our County Executive to discuss Captain Kidd's
Water District. As you might or might not know, LILCO hks advised
the County and Town that the electricity might be shut off there and
we have.a problem so I'm goina ko mee! with the County Exec tomorrow
and discuss it.
II. PUBLIC NOTICES
COUNCILMAN MURPHY: 1. Application of Parkside Heights by Emanuel
Kontokosta, P.E., 43 West 54 Street, New York, application in the
Town of Southold to construct a total of 19 condominium units with
parking areas and garages and repafr an existing 75 ft. by 6 ft. wooden'
dock by replacing approximately 20 pilings. A total of 9 units will
be in the adjacent area of tidal wetlands and the project is there-
fore in conformance with Tidal Wetlands Land Use Regulations. Con-
struction of the units will occur no closer than 245 ft. from mean
high water. The project is located on property bordering Gardiners
Bay at Cleaves Point, East Marion, Suffolk County. The New York State
D.E.C. is lead agency and comments Dan Larkin by November '26th. This
is on file on the Town Clerk's Bulletin Board also.
2. Application of Brenda K. Heties of Weston,-Massachusetts and
the application requests variance pursuant to Tidal Wetlands Land Use
Regulations to install a 3 ft. by 25 ft. deck addition to an existing
residence approximately 55 ft. from the mean high water mamk of Great
Peconic Bay. The project is located on the south of Bungalow Lane at
Marratooka Point, Mattituck. D.E.C. is the lead agency and contact by
December 3rd to Daniel Larkin ~-~- Stony Brook. This again is on the
Town Clerk's Bulletin Board.
3. Notice of Public Workshop Hearings in Completion of Draft
Generic Environmental Impact Statement on Landspreading Sewage Sludge.
This is mostly dealing with agricultural counties upstate, but we are
going to send a comment in. This is available in the Town Clerk's
for anyone to read.
SUPERVISOR PELL: Thank you. As I said before, these are placed on
file in the Town Clerk's Office if anybody wishes to review them can
do the same at the Town Clerk's Office.
III. COMMUNICATIONS
1. Request for street lights on Oregon Road (from M. Sidor,
C. & R. Girards, M. & A. Tuthill, B. & R. Rowehl, V. & W. Jones,
G. Heins.)
2. Letter from McMann-Price %~ho I will review with 5ir. Dean
and perhaps make recommendations to the Town Board at the next Town
Board meeting on December 7th (re: Southold .Town Liability Insura,nce.)
3. Letter from Suffolk County Dep.aytment of Public Works,
Commissioner Cass, and it has in here ma~ to be placed on file
(1) with the Town Clerk and (1) with my ~fice saying the detours
in the road that will take place when they replace the three
bridges on New Suffolk Avenue. They plan'to start work approx-
imately November 16th. These routes have been sent to the police
department, fire, rescue and all aro~mnd. I will write back to them
and ask them to notify us exactly when the detours for each bridge
will be into effect.
4. Preliminary report on the water study being done by the
Cooperative Extension Service. This has gone to Henry Raynor, and
as I said, this is preliminary. The final one will come in in the
first part of next year.
5. This will be turned over to the police department about
garsge that blow off of vehicles along certain roads in the Town -
Depot Lane and Cox Lane. (From the Cutchogue-New Suffolk Chamber
of Commerce). We also said ~oute ~8 and the police wiil lo0k into
vehicles going down the road with uncovered waste on the back end,
IV.
355
NOVEMBER 23, 1982
V. ~ESOLUTIONS .
1. Moved by Councilman Nickles, seconded by Councilman Murphy,
WHEREAS, Ann P. Kwasneski has made application to the Town Board
of the Town of Southold to dedicate certain roads in Southold, New
York to be known as SLEEPY HOLLOW LANE, GRISSOM LANE ~ND WILLOB
POND LANE as shown on subdivision map entitled "Sleepy Hollow"
and filed in the Office of the,Clerk of the County of Suffolk
on February 4, 1976 as Map No. 6351, Abstract Number -8002, and
WHEREAS, the Southotd Town Highway Superintendent has inspected the
said highways and has advised the Town Board-that said proposed high~
ways comply in all respects with the specifications for the dedlcatloD:
of highways in the Town of Sout~hold, now, therefore, be it
RESOLVED ~hat in accordance with Section 171 of' the Highway ~aw of
the State of New York, consent be and f~he sam~~ ±~ given to
Superintendent of Highways to make an order laying out the aforesaid
highways, to consisz of lands described in said application as, shown
on certain maps attached to said application, and be it further
RESOLVED that the Town Clerk be and she hereby is authorized and
-directed to forthwith cause the dedication, release and deed to be
recorded in the office of ~he Clerk of the Counzy of Suffolk, New York.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pe~ll.
This resolution was declared duly ADOPTED.
2. Moved by Councilman Murphy, seconded by Councilman Nickles, it' was
RESOLVED that the Town Board of the ToWn of Southold appoint the
following Assis~ant Inspectors-under th:e S0uthold~Town Fire Code
for the te~m September ~, 1982 thr°u:gh Sept'ember 8; 1983:
John C. Harrison :DiStrict
Robert A. Fisher District
Frederick E. Web~
Allen Andrews .......................
Joseph Vanderno~h ................... East ~ario
Elbert E. Luce, Jr. - ...... Orient Fire Distric~
Albert Dawson .... Fishers Island FireJDJstrict
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, SuperviSor P~!l.
This resolution was declared duly ADOPTED.
3. Moved by Councilman Townsend, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby goes
on record as favoring the "Sense of the County Legislature" resolution
which recommends that, to the greatest extent possible, f~re ....
industrial developmen~ be ' -
located outsmde of Zone 3, and t~any
industrictl establishments that do locate within Zone 3 be required
to adhere to the strictest wa~er pollution controls including, but
not necessarily limited to, no industrial discharge and no storage,
use and handling of toxic and hazardous materials, and be it further
RESOLVED that a copy of this resolution be forwarded to Suffolk-
County Legislators Blass and Foley, Suffolk County E~ecutive Peter
F. Cohalan, and the Clerk of the Suffolk County Legislature.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pelt.
This resolution was declared duly ADOPTED.
Moved by Justice Edwards, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold appoint
enetia A. McKeighan from the Suffolk County Civil Service List
o the position of Senior Citizens Center. Manager, effective
immediately, at her presenm salary, hours and.location of
employment.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
5. Moved by Justice Edwards, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold appoint
Marie D.' He!inski from the Suffolk County Civil Service List
to the position of Assistant Senior Citizens Center 5~nager,
effective immediately, at her present salary, hours and io~ation ~.~.
of employment. ~
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Fell.
This resolution was declared duly ADOPTED.
.NOVEMBER 23, i982 ~ '~' ~ ....... . 356
6. Moved by Councilman Towhsefi'd, ~eCon.~.~yffus~tce Edwards, it was
(a) RESOLVED that the Town Board of the Town of Southold accept the bid
of Goldsmith & Tuthill, Inc., Southold, New York for supplying and
delivering diesel fuel To the Town of Southold Highway Department and
Disposal Area for the calendar year 1953 au the lowest rack price,
Northville Industries, Setauket', within five days of delivery, plus
$.086.
Vote of the Town Board~ Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, SUpervisor Pell.
This resolution was declared duly ADOPTED.
6. Moved
~ by Councilman Townsend, seconded by Justice Edwards, it was
--' (b~:'RF.~LVED ~'hat the~Tow~ Bo'~z.d~o~ the Tdwn of Southotd accept the bid
of Goldsmith & Tuthitl, Inc., Southold, New York for supplying and
delivering heating fuel oil to the buildings of the Town of Southotd
for the calendar year 1983 at the lowest rack price, Gulf Oil'Corp.,
Setauket, within five days of delivery, plus $.071.
Vote of the Town Board: Ayes: Justice Edwaras, Councilman
Townsend, Councilman ~urphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
7. Moved by Justice Edwards, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southo!d hereby appoints
the following officers of the Cutchogue Fire Department as Fire
Wardens for Robins Island: Chief Fred W. Kae!in, 1st Assistant
Chief Everett B. Glover, and 2nd Assistant Chief Robert Fisher,
for a term to run concurrently with their Fire Department terms.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
8. Moved by Councilman Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the transfer of $552.00 from the General Fund Whole Town Account
A1680.4 Central Data Processing, Contractual--into General Fund
Whole Town Account Alll0.2 Justice, Equipment
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nicktes, Supervisor Pell.
This resolution was declared duly ADOPTED.
9. Moved by Councilman Nickles, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southotd set Tuesday,
December 7 ~ 1982, Southold Town Hall, Main Road, Southotd, New York
as date and place for hearings upon the following applications for
Wetland Permits:
3:00 P.M. upon application of Philip Obenauer for a Wetland
Permit t~ place 800 cubic yards of clea~ upland fill in a 160 ft.
by 150 ft. area on his property located at Case's Lane Extension,
on West Creek, Cutchogue, New York.
3:05 P.M. upon application of Enconsultants, Inc. on behalf of
Frederick ~aymes for a W~tland Permit to construct bulkhead, boat
launching ramp, dredge and backfill at right-of-way off Wiggins Lane,
on manmade Fordham Canal, Greenport, New York.
3:10 P.M. upon application of Enconsultants, Inc. on behalf of
the Lagoon AssoCiation for a Wetland'Permit to ~ainienance dredge an
irregular shaped area within the Lagoon and place resultant spoil on
the beach north of the bulkheaded canal as nourishment at Wunneweta
Lagoon, off Peconic Bay, Cutchogue, New York.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Petl.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: Number !0 we are going to hold. (Pay $569.36 to
Holzmacher, McLendon and Murrell, P.C. for engineering services on
the Town Wide Lighting Program.)
11. Moved by Councilman Townsend, seconded by Supervisor Petl,
(a) WHEREAS, the Southold Town Planning Board and Suffolk County
Department of Planning have prepared official reports and
recommendations on the proposed Local Law to amend the Zoning
Code of the Town of Southotd containing 2S proposed changes aS
follows:
LOCAL LAW NO. , 1982
A Local Law to .Amend the Zqning
Code of the Town of SouthoId
BE iT ENACTED by the Town Board of the Town of Southotd as follows:
Chapter 100 of the Code of the Town of Sou/hold is hereby amended as follows:
(additions are indicated by underline; deletions by [brackets])
Article I is amended by add/ting thereto a new section, to be Section 100-9 to ;!
read as follows: .... ~
Section 100-9. Title
This ?hap/er shall be- known and may be cited as the "Sou/hold Town Zoning Code". -
II.
Section t00-10 of Article I is amended by adding thereto a new subdivision to be
subdivision J to read as follows:
To make provision for, so far as conditions may permit, the'accommodation
of solar e.nergy systems and equipment and' access to sur~light ne~cessary
therefor.
III.
Article I. Section 100-13, Subdivision B (Definitions) is amended by amending the
following terms to r~ad as follows:
BASE1VIENT - A story [in] of a building [, the structural ce/lin' '~e~I~.of vJ~hich is
four (4;) feet or more] par/iy below/he finished grade level :~s .mo~e than
one-half (1/2) of ~/s height, measured from floor to ceit~ng,
[level of] established curb level or [~he] finished grade !~here
that exterior wall of such building Which fronts on any s~ree%, ~ri~ke flo0r tevei~"ii
of ~vhich is below finished grade at any point on the periphery] or, the Aand
immediately adjacent to the building.
CELLAR - Any space in a building [, the structaral ceiling tevet of which is less
than four (4) feet above the average finished grade where such gra~e abuts that
exterior wall of such building which fronts on any street. A "celler~' shall no/be
considered in determining the permissible number of stories]
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 ~inished grade
of the land immediately adjacent.t? 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 riel 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-
men~ areas._ [used only for storage or for /he operation and maintenance of the
building. ]
FLOOR AREA, LIVABLE - All spaces within the exterior walls of a dwelling unit,
exclusive of garages, breeze%rays, unheated porches, cellars, heater rooms and
approved basements having a window area el less than ten percent (10%) of the ~
square foot area of the room. Usable floor area shall include all spaces not !. !I
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 percent (50%) .of the area of such
attic space.
HEIGHT - The vertical distance measured from ihs average elevation of the
finished grade [at the front] of the land irnmedi~ately adjacent to the building to the
highest point of ~he roof for flat and mansard roofs, and to the mean height between
eave and ridge for other types of roofs.
NOVEI~IBER 23, 1982 i ....... 35~8'- :~
tV.
PtOACE OCCUPATION -This-~S~ik~t~¥~C~fid~i~l~-od%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 advertisement 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 ~oor beams and the structural ceilfmg 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.
Article t, Section 100-12, subdivision B, (Definitions) is amended by adding
thereto the following new ~erms:
ALTERATION - As applied to a building or structure, means a change o~ rearrange-
ment in 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.
BUILDING A~REA - The aggrefate, of the ma~ruum horizontal cross section of the
buildings on a lot, measured between the exterior faces of walls
The term "Building Area" shall include the following:
(1) Balconies.
(2) Terraces, paiios, decks and other structures above the finished grade.
(3).:Swimming pools, tennis courts and other s~r~lar structures.
The term u~ia~ng Area" shall exclude the,. following:
(1) Cornices, eaves, gutters, chimneys and fireplaces projecting not more
t ' ~' , ~ '
han twenty-etgh~ (28) inches from exterior v;alts.
(2)
_Steps and open porches pro.jecting not more than five (5') feei fror~
exterior walls and having an area of no~ more than thirty (30) square
feet. ' '
(3)
First story bay ~indows projecting not more than three (3') feet from
exterior walls, and exterior cellar doors projecting not more than Siw
'j6') feet from exterior walls.
CONDOMINIUM - A building or buildings the dwelling units of which are individuall.y
~wned, each owner receiving a deed en~bting b~ra to sell, mortgage or exchange:
his dwelling unit independent of the owners ~f the other dwe]~ units in the
ultd~ng or buildings.
LOT COVERAGE - That percentage of the lot area covered by the building area
YARD - An open space, other than a court, on the same lot with s building, which
is, exclusive of ~rees, shrubs, and natural rock ~ '
· OrTaat~ons, unoccupied and
unobstructed from the ground upward.
Section 100-30 A(2)(b) is amended to read as follows:
(b)
The keeping, breeding [and] ,_ raising [of fowl, except ducks, and large
domestic animals] and training of horses, domesiic animals and fowl
(except ducks) on l~is of ten (10) acres or more. '
359 NOVEMBER 23, 1982
VI.
Sec%ion 100-30 A(2)(c) is hereby repealed and Section 100-30 A(2)(d) is,reIettered
I00~30 A(2)(c), and amended to read as follows:
(c)
Barns, storage buildings, ~reenhouses (including plastic covered), and
other related structures, provided that such buildings shall conform to
the yard requirements for principal buildings.
VII.
Section 100-30 B is hereby amended by adding a new subsection, to be Subsection
14, to read as follows:
14. Wineries for the production and retail sale of wine produced from grape~
primarily grown on the vineyard on which such winery is located.
¥iiI. Section 100-30 C(2) is amended to read as follows:
(2)
Garden house, toolhouse, storage building, playhouse, wading pool or
' swimming pool incidental to the residential use of the premises and not
operated for gain, subject to the following requirerments:
SeCtion 100-30 C(2)(a) is amended to read as follows:
(a)
Se ction
Any swimming pool shall be completely enclosed with a permanent chain-
link (or sik~ilar type) fence cf not more than two-inch mesh, not less
than four (4) feet in height, erected, maintained and provided with a
self-closing, [self-locking] self-latching gate to prevent unauthorized use
of the pool and to prevent accidents. However, if said pool is located
more than four (4) feet above the ground, then a fence isi~r~ot required,
provided that all points of access to said pool are,]adeqUately protected
by a self-ctosing, [self-locking] se~-latching ga~e.~ :A~y~!]~irr~rriing pool
in existence at the effective dat]e of the provision~ of ~i~!~ib~section Shall,
witl~in one (t) year from such date, corJply with all of the'~Provisions hereof,
1C0-30 C(4) is amended to read as follows:
(4)
The storage of either a boat or travel trailer owned and used .b.y~ the owner
or occupant of the premises on which such boat or travel~ailer is stored,
for his personal use, subject to ~he following requirements~:
XI. 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) horses and/or ponies owned
and used by the owner or tenan~ of the premises for his personal use, pro-
vided that the land' devoted exclusively to such use (not forming a pa~ of the
yard requirements for any other use) shall not be less than forty thousand
(40, 000~ s&uare feet for each such horse or pony, and further provided thai
~il buildings shall be located not less than fir .fy (50') feet from all lot lines.
XII.
Sec±ion 100-34 is renumbered i00-!19A and Section 100-35 is renumbered
100-1t9B and the reference therein to Section 100-34 is changed to t00~l19A;
and Section 100-36 is renzu~bered to 100-34.
XIII. Section 100-34 (as renumbered from 100-36) is hereby amended to read as follows:
In the A District, in the case of a lot held in single and separate ownership [on t~
effective date of this chapter] prior to November 23, 1971 and thereafter, wlth a~l :iI~
area of not less than twelve thousand five hundred (I2, 500) square feet and [/or] ~
width of not less than [the requirements of this chapter] one hundred (100') feet,
~ single family dwelling may he constructed thereon with rear and side yard_s reduced
by twenty-five (25%) percent [provided that all other yard requirements are com-
plied with. ] , with a front yard set back of thirty-five (35') feet, or the avera~ge
setback of the existinM dweilinfs within three hundred (300') feet theref?om on the
same side of the street within the same block, whichever is greater.
XIVo Subdivision C of Seciion 100-50 is amended by adding a new subsection (3)~ to read
as follows:
(3) Signs as set forth in Sec~on 100-40C{3) of this cha~ter.
Subdivision A of Section ~00-60 is hereby amended to mead as follows
NOVEMBER 23, I982 -- ~- 360 '- -"
XVI.
Permitted uses [. ], smbje~!u~el~¢~:;~:p~-approval by the Planning Board in
accordance with Article XIII hereof:
Section 100-60A is hereby amended by adding a new subsection, tO be subsection
(10) to read as follows:
(10) Single fami!v, dwelling units in existing buildings.
XVII.: Subdivision A of Section 100-70 is hereby amended to read as follows:
Ao Permitted uses [. ] ,, subject to site, plan approval by the Plar~n~ Board
in accordance with Article XIII hereof:
XVIII. Section t00-?0 A(1)(c> is amended to read as follows:
(c) Subsection A(2) to [(9)] (10), inclusive of Section I00-60~
Subdivision C of Section 100-70 is amended by adding a new Subsection ~(2) to read
as follows:
XX.
(2) Signs as set forth in Section t00-60 C(2) of this chapter.
Subdivision C o£ Section 100-80 is amended by adding a new subsection (2), to read
as follows:
XXI.
~2) Signs as set forth in Section 100-60 C(2) of this chapter,
Section 110-112 is corrected to read Section 100-112,
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 reeuest of any town officer, board or
agency to decide any of ~he following:
(1) D~ '
e~ermlne the meaning of a~7- provision in this chapter, or of
any condition or requirement specified or made under the pro-
visions of this chapter.
(2) Determine the exact location of any district boundary., shovrn om
the Building Zone iA/Iap,
x~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 accompaniedby a fee of [fifteen dollars ($15)] ~wenty,-five dollars
($25.00).
XXIV. The first sentence of the first unnumbered paragraph of Section 100-136 (Cluster
Develppment) is amended to read as follows:
XXV.
The Planning Board may [approve], in the exercise of its discretion, require
cluster developments for one family dwellings in an A Residential and
Agricultural District according to the procedure and requirements [specified
below. ] hereinafter set forth, without the requirement that the owner make
written application for the use of such procedure.
Section t00-136, Subdivision A. Subsection (2) is hereby amended lo read as
follows: - ..
(2) In a cluster development, lot area [, ] shall not be reduced by, more than
fifiy (50%) percent, and lot width, depth] front yard, rear yard and side
yards shall not be reduced by more than [fifty percent (50%)] thirty (30%)
percent of the minimum requirements set forth in the "Bulk and'Parking
Schedule".
361 NOVEMBBR 23, 1982
k-X-VI. Section 100-141, Subdivision A is hereby amended by adding a new sentence
thereto to read as follows:
XXVII.
If the Building Insoector deems it necessary that plans and specifications be
examined to ascertain if the proposed building will comply .with applicable
building construction, housing and fire codes, he may requiFe that .plans and
specifications be file d with the building permit a. ppticatioru
Section 100-141 J(1), (2), (3), (4) and (5) are hereby repealed, and the following
provisions are added in place thereof:
(1)~ Si_n~l~e._f_a~m_il~v d~_etlings__.
(a)
iNew Dwelliny and additions and alterations to existing dwellings -
Twenty-five ($25.00) dollars, plus five {$0.05) cents fo{~ each
square foot of floor area in excess of eight hundred, fifty (850)
square feet.
(b) Accessory buildings and additions and alterations to existin~
accessory buildings - Ten ($10.00) dollars, .ptus~five ($0. 05)
cents for each square foot of floor area in excess of five hundred
(500) square feet.
!2) Farm Bhildings and additions and alterations to existing farm buildings -
Fifteen ($t 5.00) dollars for each building.
(3)
Hotels, motels, multiple dwellings, business, industria, t;'~nd all other
buildings.
(a) New buildings
Fifk-~ ($50.00) dollars, plus fiv~
foot of floor area in excess of one
(b) Accessory buildings and additions an
accessory buildings - Fifteen ($
cents for each seuare foot of floor
..(500) square feet.
.(~4)- Foundations constructed under existing bqildings - Thirty (S30.00) dollars.
(5) Ail other structures (i. e. fences, pools, etc.) and additions and
alterations ~o such structures - Fifteen ($15.00) dollars.
(6)
For the purposes of this subdivision J, cellars, degks, attached
garages and any habitable area shall be included in the calculation of
floor area.
X-XVIII. Section 100-144G is hereby amended to read as follows:
Upon written reque st 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,
cerlifying such use and whether or not the same and the building
conform ~o the provisions of this chapter.
ixL-xlL~. This Local Law sh~ltake effectimmediately,
NOW, THEREFORE, BE IT RESOLVED that a public hearing will be held
by the Southold Town Board at 3:30 P.M.~ Tuesday, December 21, 1982
at the Southold Town Hall, Hain Road, Ssuthold, ~ew York on'~t~e
aforementioned proposed Local Law, at which time any person desiring
to be h~ard should appear at the time and place above so specified,
and ~e 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 pursuanr zo the requirements of law.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
is resolution was declared duly ADOPTED.
36'~
NOVEMBER 23, 1982 ~-
11. Moved by Councilman Nickles, secQ~e~ by'Supervisor ~etl. it was
(b) RESOLVED that the Town Board of the TO~'~ of Southold will hold a
public hearing at the Southold Town Hall, Main Road, Southold, New
York on the 21st day of December, 1982 at 3:35 P,M., at which time
and place all in~eres~ed persons will be given an opportunity ~o be
heard upon the following matter:
LOCAL LAW
NO. , 1982
A Local Law in Relation ~o
Permits for guest ~o park
at Town beaches.
BE IT ENACTED by lhe Town Board of the Town of Southold as follows:
§1. Section 65-3 of ~hapter 65 (Parking at Beaches) is hereby amended
by adding a new subseclion thereto to be Subsection E to read as follows:
E. Guest Permits
(~)
Guest parking permits shall be issued by the Town Clerk, or a
person designated by the Town Clerk, to all persons who are
qualified residents o£ the Town of Southold, as defined in Section
65-3A hereof, for use by guests l~mporarily residing in the
dwelling of such resident. A resident applying for a guest parking
permit shall present an application in affidavit form, signed by
the' applicant, setting forth the following:
(a) The location Of the property to be occupied by the guests.
(b) The names and permanent addresses of the guests.
(c) The length of time of the guest occupancy.
(2) Upon. a determination by the Town Clerk. or person designated by
the Town Clerk; that the applicant is entitled to a guest parking
permit, and upon the payment of the permit fee, such permit
shall be issued and inscribed with the vehicle license registration
number and shall be affixed to the vehicle in the same manner as
provided in Section 65-3A (3) hereof.
(3) The fee for the issuance of a guest parking permit shall be such
fee as shall be prescribed by a resolution o£ the Southold Town
Board.
§2. This Local Law shall take effect immediately.
1t.
(c)
Vote of the Town Board: Ayes: Justice Edwards, Conncitman
Townsend, Councilman Murphy, Coum¢itman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Councilman Townsend, seconded by Supervisor Pell, it was
RESOLVED that the Town Board of the Town of Southotd will hold a
public hearing at the Southold Town Hall, Main Road, Southold, New
York on the 21st day of December, 1982 am 3:40 P.M., a~ which time
and place all interested Persons will be given an opportunity to be
heard upon the following matter:
LOCAL LAW
NO. , 1982
A Local Law to establish a Landmark preservation Commission and to
prescribe its duties.
BE IT ENACTED by the Town Board of the To%waofSoutholdas follows:
. The Code of the To~n of Southeld is hereby amended by adding thereto a new
Chapter to be Chapter 36 to read as follows.
Section 56-1. Short Title
This chapter shall be known and may be'cited as the '%andmark
Preservation Law of Southold Town".
363 NOVEMBER 23, 1982
Sec/ion 56-2. Declaration of Purpose and Policy
The To~n Board finds there exists in the Town of Southold structures
and buildings of historic or architectural significance, antiquity, uniqueness of
e~erior design or construction, which should be conserved, protected and preserve~
to preserve the architectural character of Southold Town. contribute to the aesthetic
value of the To~vn, and.promote the general good, welfare, health and safety of the
Town and its residents. Therefore, it is the purpose and policy of this chapter to
establish a Landmark Preservation Commission and procedures which it can
follow to assist Sou/hold Town owners of buildings and structures in order to con-
and preserve such structures and buildings thereby preserving tm
serve.
protect
character Of Sou/hold Town which will substantially improve property a~n~i
unique
commercial values in the Town and make its hamlets even better places in whic~i~~
to live.
Section 56-3. Definitions
As used in this Chapter, the following terms shall have the meanings
indiCated:
COMMISSION - The Landrn ark Pres er vat/on Commission e siablished
pursuant to this Chapter.
EXTERIOR ARCHITECTURAL FEATURES - The architectural style,
design, general arrangement and components of all Of.the outer surfaces of any
building or structure.
HISTORICAL SIGNL~ICANCE - The quality of a hu~'~ng or st~,ructure
based upon its identification with historic persons or: e~ents in the ~o~n of ~outhold;
ARCHITECTURAL SIGNIFICANCE - The qUality6f ~a ?ouilding or
structure based on its date of erection, style and scarcity of sa~, ,~qualIty 1of
design, present condition and appearance or other characteristics!:Ikai embody
distinctive characteristics of a type, period, or method of cona~c~tion.
LANDMARK - Any structure or building which has, historical or
LANDMARK DESIGNATION - The designation of a ~Landmark pursuant
to the provisions of this Chapter.
STRUCTURE - Any assembly of materials, forming a construction
framed of component structural parts for occupancy or use, including buildings.
Section 56-4. Landmark Preservation Commission
A.' There is hereby created a Landmark Preservation Commission
which shall consist of five members ~o be appointed by the Town Board, to serve
without compensation.
B. The term of offic~ of each member appointed to sa~d Commission
shall be two (2) years, provided, however, that of those members first appointed,
three (3) shall be appointed for one (1) year, and two (2) shall be appointed for
two (2) years. If a vacancy occurs other than by expiralion of a term, 'it shall b~
filled by the Towvn Board by appointment for the unexpired term.
C. Meetings of the Commission shall be open to the public. MeetLng£
of the Commission shall be held at such times as the Commission may de/ermine,
or at the call of the Chairman. or at the request of two members. Three members
of the Commission shall constitute a quorum for the transaction of business. The
Commission shall keep written minutes of its meetings, Showing the vote of each
member upon all questions voted upon, and such minutes, together with alt records
of the Commission shall be promptly filed with the Town Clerk.
D. The'Commission may appoint from its members, a Chairman,
and a secretary, each of whom shall serve for a term of one year, or unit! their
successors are appointed.
NOVEMBER 23, 1982 36'4``
E. The CommiSs~gn~:~ky~ineur. such expenses in the perfromance
of its duties as may be authorized and appropriated by the Town Board.
Section 56-5.
Duties of Commission
activities.
The Commission shall perform the following duties and functions:
A. Encourage the'preservation of Landmarks through educational
B. Recommend buildings and structures to the Town I~oard for
landmark designation in accordance with the provisions of Section 56-6 hereof.
C. Review, and where appropriate gi~e advisory recommendations
with respect to all applications for building permits.involving alterations of the
exterior of designated landmarks in accordance wit~ the procedures set forth in
Section 56-7 hereof.
D. Cooperate with civic' and professional organizations interested
in landmark preservation.
E. Offer advice and suggestions to or at the request of owners or
the Town Board to implement the purposes of this chapter.
F. Promote and eneo6rage historic awmreness and judicious concern
for designated landmarks.
Section 56-6. ,Landmark Designation
A. Selection of buildings and structures for landmark designation
shall be determined on the basis of historical and/or architectural significance.
B. In considering buildings and structures for possible landmark
designation, the Commission shall comply with the following procedure, to wit:
1~ Prior to recommending to the Town Board that a building
or structure be designated as a landmark, the Commission shall give written notice
to the owner of the property, as shown on the last completed town assessment roll,
that the Commission is considering recommending to the Town Board that the
building or structure be designated as a designated landmark. Such notice shall be
sent by certified mall, return receipt requested. Such notice shall request that
the o~er consent to such designation by signing and returning the form of consent
enclosed with the notice. Such notice shall also indicate that if the owner objects
to such designation, or desires further information, the o~vner ri!ay return the f~rm
enclosed with the notice~ which requests that the o%vner and/or representative seeks
a meeting with the Commission within thirty (30) days from the receipt of-such
request by the Commissioner.
2. The Commission may not proceed to make its recommenda-
tion unless one (1) of the following conditions are met, to wit:
(a) The owner consents in writing to such designation; or
(b) The owner, within thirty (30) days from the receipt of
notice specified in Section 56-6, B-I, has failed to notify the Commission of his
objection to such designation, or failed to request a meeting with the Commissioner;
or
(c) A member of the Commission has personally met with all
of the owners of the property being considered for designation, and has fully
explained all aspects of designation and the consequences that will result from such
d e sig nation.
3. When the Town Board receives a recommendation from the
Commission that a building or structure be designated as a landmark, the Town
Clerk shall give written notice thereof to the owner of the property, stating the
time and place when the Town Board will meet to consider the question of the land-
mark designation of such building or structure. Such notice shall also state that
the owner shall be given an ?pportunity'to be heard at such meeting,
S65 NOVEMBER 23, 1982
C. The designation of property as a designated landmark by the
Town Board, pursuant to the provisions of this chapter, shall not impose any obliga-
tion or responsibility upon the owners thereof, nor shall such designation in any
manner restrict or limit the use, development, repaLr, maintenance, alteration or
modification of the property by the owners thereof.
D. The designation of property, as a designated landmark by the
Town Board, pursuant to the provisions of this chapter shall not become effective
until such property is entered in the Register of Designated Landmarks and filed
with ~the Town Clerk.
Section 56-7. Reveiw of Building Permit Applications
A. Every application far a building perrhi~ for the recons~r~o~
alteration of or addition to a designated landmark shall be referred by the BuildLng
Inspector to the Commission for its comments and recommendations. No building
permit shall be issued until the Commission has filed its written comments and
recommendations with the Budding Inspec:or, and mailed a copy thereof to the
applicant, or the passage of fourteen (14) days from the date of referral, whichever
shall first occur.
B. The application for a building permit shall not be deemed com-
plete until the Commission has filed its written comments and recommendations,
or the passage of fourteen (14) days from the date of referral of the Building P,errnit
application to the Commission, whichever shall first occur,
C. In reviewing an application for a building permit referred to: it,
the Commission shall consider the effect that the contemplated work's%viii have on
the ,e~xterior architectural tear-ares of the designated landn~ark. '~tIf~-%he Commission
· 'ecomm~n~d~ mod'ification in the contemplated Work, in Or'der to'~8~e~rve the archi-
tectuat features of the structure, it shal~ suggest such mod~ficat'~!~ ~s ~v~l min-
imize the costs, time and inconvenience bo the owner.
D. In reviewing an application for a building penn, il, ~he' Commi~"
Jion shall consider only the exterior architectural features o~ ~h ~l~'5~g Or
structure.
E., The comments and recommendations of the C~)~mission with
respect to building permit applications referr ed to it pursuant to th~t~ section, shall
be deemed advisory only. The owner's rejection of or refusal to c,~mply with such
comments and recommendations shal~ not delay or in any way impede the otherwise
favorable action on the issuance of a building permit.
F. Nothing contained in this chapter shall be deemed to prevent
the ordinary and necessary maintenance and repair of.any exterior architee~al
features of a designated landmark which does not involve a significant change in
design, material or outward appearance thereof.
Section 56-8. .Termination of Landmark Designation
Whenever a designated landmark is destroyed or its exterior is
altered to such an extent that it ceases to have architeciural significance, the
Tow~n Board-may, by resolution, direct that it be removed from the Register of
Designated Landmarks. Prior to taking such action, however, the owner shall be
given written noticecf such proposed action, and shall be given an opportunity t:o
appear before the Town Board and be heard thereon.
Section 56-9. Se vet ability
Each of the foregoing provisions of this chapter has been adopted in
an endeavor to preserve and extend the public welfare by preserving the'character-
istics of historic and/or architecturally significant structures or districts. In the
event that any portion of this chapter shall be determined invalid, such determin~
a/ion shall not affect or result in the invalidity of any other provision contained in
this chapter.
NOVEMBER 23, 1982
Section 56-10. Effective Date
This Local Law shall take effect immediately.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Poll.
This resolution was declared duly ADOPTED.
12. Moved by Justice Edwards, seconded by Councilman Nickles, it was
RESOLVED that the Town Clerk be and she hereby is authorized and
. directed to readvertise for bids for the purchase of gasoline fur
the Town of)Southold for the calendar year 1982.
Vote of the~own Board: Ayes: Justice Edwards, Councilman
--- TQwa~oad, Councilman M~P~M~ CouNcilman Nickles, Supervisor Poll.
This'resolution was ~e~k~ed ~uly ADOPTED.
366
13. Moved by Justice Edwards, seconded by Councilman Townsend, it was
RESOLVED tha~ the Town Clerk be and she hereby is authorized and
directed to readvertise for bids for the sale of scrap metal and
paper by the Town of Southold for the calendar year 1983.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman ~urphy, Councilman Nick!es, Supervisor Poll.
This resolution was declared duly ADOPTED.
14. Moved by CounCilman Townsend, seconded by Supervisor Pell, it was
RESOLVED tha~ the Town Board of the Town of Southold se~ 3:25 P.M..,
Tuesday, December 21~ 1982, Southold Town Hall, Main Road, Southold,
New York as time and place for a public hearing to consider a proposed
con~rac~ with the. Village of Greenporr for the funishing of water for
fire pro~ection purposes by said Village to the Fire Protection District
established in said Town and known as "East-West Greenport Fire Pro-
tection District, Town of Southold, New York".
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pett.
This resolution was declared duly ADOPTED.
~5. Moved by Supervisor Pell, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of the 'Town of Southold engage the
services of Pierre G. Lundberg as the Town Board Representative
on the Arbitration Panel for the P.B~A. contract, at a fee of
$90.00 per hour, including travel time and mileage and other
expenses on any occasion he would be required to go elsewhere
than the Southold Town Hall.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nicktes, Supervisor Petl.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: In essence, if I can commen~, we have been in
negotiation with the P.B.A. for a contract for nex~ year, perhaps
a two year con~rac~, but it looks like they're going into binding
arbitration.
16. Moved by Justice Edwards, seconded by Councilman Murphy, it was
RESOLVED that the application of Ange& Barbara Boursiquo~ dated
November 4, 1982 to maintain a single family house rraiter on their
property on private road off north side ~ain Road, Mattituck, New
York (formerly property of Carl Frelix), be and hereby is granted
for a six month period.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Poll.
This resolution was declared duly ADOPTED.
Moved by Councilman Nickles, seconded by Councilman Murphy,
WHEREAS, studies have been conducted relative to a method of
stabilizing the Cedar Beach Inlet, and
WHEREAS, dredging of the Cedar Beach Inlet year after year has
failed to correct the situazion of constant shoaling at the mouth
of the Inlet which makes the Inlet both unnavigable and hazardous, and
WHEREAS, it is the opinion of several engineers who have studied the
Cedar Beach Inlet that the construc%ion of jetties would be the only
solution to this constant problem, and Would eliminate the necessity
for frequent dredging operations which have been unsuccessful, and
upset the ecological balance of the Inlet, now, therefore, be it
367 NOVEMBER 23, 1982
RESOLVED that the Town Board of the Town of Southold hereby requests
SUffolk County Legislator Gregory J. Blass to introduce legislation
~efore the 'Su££ollk County Legislature to take the first steps necessary
for the construction of jetties at Cedar Beach Inlet.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
18. Moved by Councilman Murphy, seconded by Councilman Nickles, i~ was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the Town Board Members, Town Attorney Tasker, and
Town Superintendent of Highways Dean to travel To .Albany, New
York to meet with officials of the New York State Department o~
Environmental Conservation to discuss th~ amendment of the 20~ ~'
Wastewa'ter Facility,--andy _ ~ the necess~rv~'~e~ses~ ~ ~ f0~ t~'~ ~ ~ ~-~
meals and lodging shall be a legal charge against' the Town of
Southold, and be it further
RESOLVED that in lieu of the abovementioned Town Officials travel-
ing to Albany, the Town Board hereby authorizes the expenses for
travel, lodging and meals to be paid for an official of the New
York State Department of Environmental Conservation to travel to
Southold Town to discuss the aforesaid 201 Wastewater Facility Plan.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
19. Moved by Councilman Townsend, seconded by Supervisor Pell,
WHEREAS, the Town Board of the Town of Southotd is in receipt of
a letter from Long Island Lighting Company to Suff¢
Executive Peter F. Cohalan notifying him of the on
of electric services to the Captain K
New York, and
WHEREAS, the termination of the electric
company would terminate water service ers
of the Captain Kidd community, whose only from
the Captain Kidd Water Company, Inc., now,
RESOLVED that the Town Board of the Town of Southold
County Executive Peter F. Coho!an to request the S~
Authority ~o immediately become involv'e~ the o
Captain Kidd Water Company, Inc., thereby tion
to see ~hat water is made available ~o the residents ; of
the Captain Kidd community.
Vote of the Town Board: Ayes: Justice Edwards, Councilman'
Townsend, Councilman Murphy, Councilman Nickles, SuperviSor Pell.
This resolution was declared duly ADOPTED.
20. Moved by Councilman Murphy, seconded by Councilman Nickles, it was
(a) RESOLVED that the Town Board of the Town of Southotd hereby appoints
James McMahon as Southotd Town Community Deveiopmen~ Director,
effeci~ive September 1, 1982 through December 31, 1982, az a fee
not to exceed $3,600.00.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickies, Supervisor Pett.
This resolution was declared duly ADOPTED.
COUNCILMAN'TOWNSEND: I might point out that this has been done from
January on, this is an interim appointment.
20. Moved by Supervisor Pelt, seconded by Councilman Townsend, it was
(b) .RESOLVED that the Town Board of the Town of Southotd hereby
approves payment of Vouchers in the amount of 23,036.00 from
James'McMahon for services rendered as Southotd Town Communit~
DeveloPmenT Director for the period of September 1, 1982 through
November 15, 1982.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
21. Moved by Councilman Townsend, seconded by Supervisor Pell, it was
RESOLVED that the Town Board of the Town of Southold reject the
bid of West Mountain Sales, Inc. for supplying the Town of Southotd
With one Brown Bear Cub/Auger COmposter at $62,2~3.00 and Royer
Shredder at $12,443.00, for a total bid price of $74,706.00, and
be it further
RESOLVED that the Town Clerk be and she hereby is authorized and
NOVE~BER 23, 1982
368 ....
directed to advertise for bids f¢;~.~¢.s~!ying the Town of Southold
Vote of the Town Board; Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor
This resolution was declared duly ADOPTED.
COUNCILMAN MURPHY: Being that this was the week that was designated
as the officiai Vietnam Veterans Welcome Home Week, I think the Town
Board should offer a resolution doing the same thing and offering our
thanks to all those veterans and families who gave so much.
22. Moved by Councilman Murphy, seconded by Councilman Nickles,
WHEREAS, we have witnessed the dedication of the Vietnam Veterans
Memorial in Washington, D.C., and this nation has finally begun the
healing p~cess that is necessary to heal the wounds that were caused
~'~'" 5'~ the io~g and terrible conflict in Vietnam, and
WHEREAS, the dedication of the mounmen~ and the national recognition
attracted to it was a very wonderful and welcome sign, it is only a
beginning, and one that should continue to grow along with the under-
standing of the American people towards those brave men and ~omen we
'call Vietnam veterans~ and
V~EREAS, the bullets that were fired in Vietnam were just like tho.se
in other wars, that the blood that was shed by Americans in Vietnam
was as red and true as the-blood shed in every other conflict, and
WHEREAS, the debate is not whether the war was right or wrong, the
discussion now surrounds the wounded who returned, the nea~y 58,000
who did not, and the countless thousands that were wounded upon their
return home, and ~ust be counted into the casualties of the Vietnam
war, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold says, "Welcome
Home" to those Americans who served in Vietnam, protecting the
American people as well as the flag of this nation, in duty, honor
and country.
Vote of the Town Board: Ayes: 'Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor Pelt.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: Councilmen, is there anything I left out or omitted
you would like to add at this time? Joseph?
COUNCILMAN TOWNSEND: Are you going ~o talk about---the Town Board
has spent the last evening and today, a large part of it, talking
about the scavenger waste plan~ and some interesting things are
happening and hope we will bring them up to da~e. That's what, ~
think, necessitated the resolution number 18 on the agenda~ to go up
to Albany to see if we could modify some of our 201 Study or determine
the bes~ way to proceed with the scavenger waste plant a~ this point.
SUPERVISOR PELL: John?
COUNCILMAN NICKLES: I would just like to say ~hat Councilman Murdock
is not with us today ~because unfortunately his wife has been haging
serious illnesses and they're off to see specialists for consultations
today and that's why Councilman Murdock is nor with us.
SUPERVISOR PELL: Frank? (Nothing.) Judge? (Nothing.) I have one
thing I'd like to commen~ on. A meeting was held here last night
in regards to the Jockey Creek Bridge, removal of it and repair--build-
ing a new bridge. There were abou~ 35 people here and the concensus
was that they would like to see the bridge repaired, which has to be
done, but while the bridge is out there will be a nine to twelve
.month detour around it, they would request the County of Suffolk ~o
come in and dredge on the west side of the bridge and when they put
the bridge back they would like to see it raised a foot, foot and a
half, possibly two feet high, if they could raise it. This is a
duplicate remark that was made about a year and a half ago, two
years ago when we had the same meeting here and I will pull a letter
out of the file tha~ we sen~ to the County Department of Public
Works and reaffirm the s~and of this Town Board which is already
on record as saying we would like it dredged out and we would like
the bridge raised if possible. So that letter will be going out in
the next day or two. That's all I have to say. Mr. Frank Bear ~ants
to address the Board.
MR. FRANK BEAR, Southold: I gave to each one of you a copy of a
memorandum on ~econic Dunes which was written by Henry Berger, Chief
Deputy Commission of the.Department of Parks, Recreation and Conser-.
va [on to the Commissioner, John Chester, in ~hich he reported on
369 NOVEMBER 23. 1982 ....
the las~ season at Peconic Dunes. You will recall a year or so ago
this Town Board and I personally as a member of the County Parks
Department Trustees were concerned about the possfbility that Peconic
Dunes would be put ou~ to a concessionaire. We were concerned because
it might no5 serve the purpose that it is supposed to and that there
might problems as far as the equipment and the buildings are concerned.
This points out that the season that just finished under the management
by SCOPE,_ that there was more use of the camp than had been expected
fro~0 registrants to 1,200 over eight weeks, and also that the
income was higher than expected from $11,237.00 to $13,193.00. ADparent-
ly. it was an excellent program according to this repor%. I have some
questions in connection with that. It was pointed out that they~did ~
hire a person who was involved witJ the Peconic Dunes Camp in previous i J
years, Tom Gleeson, that they hired local young people and bought loca~!'l J
produce s~ it actually was not going outside t~e ~q~ for ~ny ~!~ore~ than
necessary, and they're hoping that this will be a year-round program
by SCOPE next year, as SCOPE is now contracting with BOCES for t'he
Outdoor Learning Program. So it appears that the camp has been run
well during this last season by SCOPE and that our concerns were
pretty well answered because they did have a good contract, a'good
relationship with SCOPE. Thank you.
MRS. RUTH OLIVA, President, North Fork Environmental Council: First
I'd like to compliment both Frank Murphy and Ray Dean for their
research and development in bring this compost plan to the landfill.
I feel that at very least it will be a volume reduction in the land-
fill and also a good way of cleaning up the lagoons there and at the
best perhaps we can use that instead of the 201 Study for the scavenger
waste. Next I have three recommendations for the Board. (t) I would
like to request that the Town Board at their next Work ~,~sS~°n draw up
a letter to the County ask--~ f--~ ~eappraisal of Our fa~i ~[~m~ so' that
the price of the development rights can be raised~.maki~g
lucrative for the farmer to get involved, and in.-d~live~ .g 2%:is letter
I think we should have a delegation of concerned ~itiZen ~i '~2he Town
Board to take it either to Koppelman's or Cohatan's offi ~:~ :ii ih~pe you
all read the article about water in Newsday. I'd first ~s~ ~ke ~t~o
read a couple of quotes in here: 'By contrast, the outlook 'f~r S~fol~!
water, despite severe q~ual~ty problems on the North Forki~e~m~.'a~n.s
relatively bright for the near future." "In Suffolk, Wii~.t'b~e ,~xceptio~~-~
of the North Fork, the County's water problems do not aP .~ Crisis
for three reasons i" "Experts do not .forsee similar salt wa-t-~r ~nt:r'Usion'
in Suffolk in the near future, except on the North Fork;" "No municipality
is planning adequately to protect ground water quality, Engelbright and
State officials say. The Town's have been fitfull, Engelb:right. said_
recently, there has been no coherent long-range program carried out in
any one town that has satisfactorily fitted into the front iine think-
ing about what really ought to be done for ground water quality. This
is largely because the Town Boards change every two years." And
finally, "The Island's problem is bad. Without a management program
land development will proceed with the almost inevitable consequence
of contaminating future water supplies." Therefore, I would like to
recommend to the Town Board that at your next Work Session that you
set up a special "Water Task Force" to work with the North Fork
Environmental Council, League of Women Voters and any experts that
we might deem qualified, so that we could have our first meeting in
January to digest the material that will be available from the two
studies that are going on now, and that we can further take in the
final report of the studies in February, then we could sit down all
spring and work out a constructive program for water management to
perhaps give to the people in May and put in implementation say some-
time mexz summer. We've just got to do something. W~ cannot sit stilt,--:~
any longer. Thirdly, I'd like to recommend that you all not eat too
much turkey, but have a most enjoyable Thanksgiving. Thank you.
SUPERVISOR PELL: Does anybody else wish to address the Board? Mr.
Sam Mar ke 1.
~{R. SAMUEL MARKEL, Southold: Mr. Supervisor and Board, I've come
across a rumor that I'd like to have either dispelled or brought
out into the open. I understand that we received a violation,
traffic violation on an official car from Connecticut a while back.
Is this a fact?
SUPERVISOR PELL: This is a fact. It was about a year ago, Sam.
The gentleman has been reprimanded for it.
NOVEMBER 23, 1982
MR. MARKEL: The case of reprimanding, I would like to find ou~ that
whoever took that Car to Connecticut--it was just like stealing money
out of the treasury of Southold Town, and my pocket and your pocket
and everybody else's pocket that pays taxes in this Town and I don't.
think a reprimand is enough. I would like it made public who it was
and I would like to know why he was just reprimanded, and not fired
for doing something like that. It is cause for firing. It is stealing
from this Town and I think it's your responsibility, everybody on the
Board's responsibility to stop any stealing that goes on in this Town.
I would like to know publicly who the gentleman is who took the car to
Connecticut.
SUPERVISOR PELL: I will ask the Town Clerk to dig out the minutes.
The minutes are public record, and read them ~o us.
-
"::~'~]~R. F~mNRY b_TLE, Peconic: On Resolution No. 4, is that ia any way
changin_g Mrs. McKeighan's status?
SUPERVISOR PELL: No; What it is is the federal government wanted to
make sure all these managers were qualified to perform their duties,
so to do this they went to civil service and had civil service prepare
an exam for them and that does not change one bit.
MR. LYTLE: She does a very good job and I was just wondering.
COUNCILMAN NICKLES: I appreciate the report on SCOPE that Frank
gave us. I'm glad to see that the county apparently is making
money over at that camp. I would like to note two things though.
One, before this camp was ~urned Over to SCOPE and we had all the
problems with the camp there, that was the only facility in Suffolk
County that met a particular need of handling youngsters over there
and I think it's a shame that we lost that and one of the reasons that
we lost it, from my point of view at least from the meeting that we
were at at the camp with the commissioner last year, was that they
had spend, I think, $75,000.O0 to have a study to decide whether or
not they should use the camp further or use the buildings, but I see
SCOPE is still using the buildings, as is the private proper~y owner
using the buildings as th~ ~ldest camp in New York State, I believe it
is, and they'll probably continue using it and I think it's a shame
that government has come to such a state that we have to spend thousands
of dollars for studies when they could have put that $75,000.00 in there
and refurbished the buildings and continued giving some place for young
children a camp.
SUPERVISOR PELL: I think you can 2ecall, Frank, I made a report one
time during the summertime that my wife and I were invited up there
for lunch and saw the kids eat and Tom Gleeson has done a superb job.
COUNCILMAN NICKLES: Frank, I'm not denigrating the good works of
the SCOPE program, but I couldn't let this pass by.
MR. BEAR: As a matter of fact, I had thoughts along that line
myself. [ will point out that during this last year the County
put in a new kitchen floor and two cesspools and they hope to
contract for other buildings other capital projects carried on,
maybe, by the contractor next year. However, that's not done yet
and I don't know what's going to happen on that and I'm glad you
brought that up. I'm going to ask some q~estions about that at
the nex~ meeting.
SUPERVISOR PELL: This is the Town Board minutes of February 23rd,
1982. This is in the official minutes of ~he Town, Sam, it is
public record and it will be read to you and then I have a comment
to make after it is read.
TOWN CLERK TERRY: "RESOLVED that the Town Board of the TQwnof
Southold has arrived a~ the following disciplinary actio~ and
decision with reference to the unauthorized, use of a Town automobile
assigned to James McMahon,~Yo~h Coordinator: ~r. ~c~ahon shall
immediately reimburse th~Tow~ of So~thol~ the sum of $$0.00, which
represents-~OO~miies at 2@~ per mile ~d a documentation of
personnel file."
SUPERVISOR PELL: Mr. McMahon, at that time, was away out of town
vacation, The car was in his yard. His wife--her car would not
start, so his ~ife took that car and went to her home in Coaaecticut.
It did.~e~eive a parking ticket in a handicapped parking zone. It
371 NOVEMBER 23, 1982
and
Connecl
· MARKEL: The case of reprimanding, I would like to find out that
took that car to Connecticut--it was just like stealing money
; of the treasury of Southotd Town,"and my pocket and your pocket
everybody else's pocket that pays taxes in this Town and I don't:
reprimand is enough. I would like it made public who it was
would like to know why he was just reprimanded, and not fired
ing something like that. It is cause for firing. It is stealing
Town and I think it's your responsibility, everybody on the
responsibility to stop any stealing that goes on in this Town.
ke to know publicly who the gentleman is who took the car to
lt.
The mi
MR. HEN~
chan
I will ask the Town Clerk to dig out the minutes.
are public record, and read them to us.
Pec6nic: 0~ ~esolUciOn Nol 4, is that in any way
status?
S
make sure all
so to do this
an exam for
No. What it is is the federal government wanted to
se~managers were qualified to perform their duties,
went to civil~ service and had civil service prepare
d that does not change one bit.
MR. LYTLE: S~
a very good job and I was just wondering.
COUNCIL~{AN NICKLES:
gave us. I'm glad to
money over at that
One, before this camp
problems with the
County that met a ~
and I think it's a shame we lost that and
we lost it, from my point view at least
were at at the camp with oner_
had spend, .I think, $75,000.£ ~ have a st
not they should use the camp : irther or use
appreciate the report on SCOPE that Frank
ee that'the county apparently is making
I would like to note two things though.
~ turned over to SCOPE and we had.all the
~re, that was the only facility in Suffolk
~r need of handling youngsters'ow-er there
~ the~reasons that
that we
as is the
see
SCOPE is still using the build
using the buildings as the old
is, and they'll probably
that government has come to
of dollars for studies when
and refurbished the building
using it and
eta'
· e put that $75~00..00 in t~h-ere
)ntinued giving some '~a~e fo~.g
children a camp. ~
SUPERVISOR PELL: I think you can ?ec~ll, Frank, I made a report one
time during the summertime that my wif~ and I were invited up there
for lunch and saw the kids eat and Tom Veeson has done a superb job.
\
COUNCILMAN NICKLES: Frank, I'm not denigrating the good works of
the SCOPE program, but I couldn't let this\pass by.
MR. BEAR: As a matter of fact, I had thou ;s along that tine
myself. I will point out that during this 1 year the County
put in a new kitchen floor and two cesspools they hope to
contract for other buildings other capital ects carried on,
maybe, by the contractor next year. However, at's not done yet
and I don't know what's going to happen.on that I'm glad you
brought that up. I'm going to ask some q about that at
the next meeting.
SUPERVISOR PELL: This is the Town Board minut
1982. This is in the official minutes of 'the To%wa,
public record and it will be read to you and then
to make after it is read.
y 23rd,
am, it is
a comment
TOWN CLERK TERRY: "RESOLVED that the Town Board of
Somthotd has a~rrive~d at the following disciplinary
decision with referenc$~t~.unauthorized use of a
assigned to James McMahon, You{~USb~iasktor: Mr.
immediately reimburse the Town of Southold~-t~s~m of
represents 400 miles at 20¢ per mile and a documentation
reasons for this disciplinary action shall be placed in Mr.
personnel file."
of
and
automobile
shall
, which
SUPERVISOR PELL: Mr. McMahon, at that time, was away out
vacation. The car was in his yard. His wif~
start, so his wife took that car and went to her home in
in. a handicapped parking
NOVEMBER 23, 1982 ~ 372
was mailed into Town here,-tha~c~:~,-~_~::~got wind of it. We did
check it out and when he came back we called him in here. He had
no knowledge of his wife taking the vehicle--taking the keys out of
his dresser at home and taking it.
MR. MARKEL: It is the responsibility of any employee, of the Town to
safeguard an automobile that's in his possession at his home. First
of all, why is he taking the car home? Why was the car home? Especially
if he was on vacation. There is no need for anything like thaz. Whaz-
ever the case may be. Why does he have--is there an emergency factor?
Is the juvenile delinquents going to call someone 3 o'clock in the
morning and he has to jump out of bed and hop into his car and go see
them? It's ridiculous, absolutely ridiculous. First of all he
shouldn't have the car at home to start with. Twenty-cents a mile--
according to Hertz the average cosz is forty-five cents a mile to
operate a motor vehicle, which does not'take into effec~ the buying
and repairing of any vehicle like that, that's strictly operation.
I don't think the reprimand was enough and I don't think the associated
publicity was even brought to anybody's attention and I think it should
be brought to a lot of people's attention. Was that at an open meeting
that you reprimanded him?
SUPERVISOR PELL: Right here. Ruth, were you here?
MRS~ OLiVA: Yes, I remember it. I was here.
MR. MARKEL: I think the Town Board should start making some more
stringent rules than that, and I don't think any car should go
home to anybody's yard unless it is an absolute emergency or
necessary use for the employee.
SUPERVISOR PELL: Thank you. The only time Mr. McMahon takes his
car home now--I sent him a letter at the direction of the Town Board--
to leave his car here unless he has meetings at night when he has to
go out with the youth at night, other than that his car is left here.
Ray Dean takes his car, I take my car, Chief of Police takes his car.
MR. MARKEL: I can understand Ray Dean taking a car, I can understand
the Police Chief taking a car, I can understand you taking a car. AS
a matter of fact the late Albert Martocchia practically lived in his
car, and he was much like LaGuardia, he used to answer all the police
calls. And I can understand Ray having a car at home because he's
caIled at all hours, I've called him late at night myself. I can't
see other Town employees having vehicles at home and t~e third one
is all right too--Danny Winters' is all right. This is no more important
than our environment and our water and our camp over here at Pine Dunes
and Robins Island or anything else. It has to start somewhere and it
should start where the actions are against the taxpayers.
COUNCILMAN MURPHY: Mr. McMahon's car was also bought under a grant
program.
MR. MARKEL: I could care less if we got the car for nothing.
COUNCILMAN MURPHY: I realize, and it was the fault of the Board
probably not making more stringent rules and regulations, but it
was strictly a grant car that belong really-to the County Juvenile
Aid Program.
MR. MARKEL: Who puts the gas in the tan~, Frank?
COUNCILMAN MURPHY: We do. I'm not backing off on anything, Sam,
just this is one of the reasons that it---very little thought even
was given that the car was going home every night.
MR. MARKEL: Well, I want to tell you that I'm not alone. I didn't
come here alone to tell you of this situation. It is really quite
a topic of converation in Town.
COUNCILMAN NICKLES: I think, S~m, that you're proper to be incensed
over this incident, 'but as you now understand it happened almost
ten months ago and I think the Town Board was as incensed as you are
appearing today and I think--I believe that we took the appropriate
measures considering the circumstances and I for one stand on the
disciplin~ry action that the Town took at that time and I have to say
as one individual Town Board member I was inclined to go for dismissal,
because that's how upset t was o~er this incident, but there were many
373 NOVEMBER 23, 1982
mitigating factors that occurred. We're not saying it's right, but
I thi~k mos~ people on this Town Board are fair minded people and
they believe each person is entitled to one mistake and we did make
restitution of the taxpayer's money. It may not meet'everybody's
criteria of what that amount should be but it was made and I think
the case is closed. It's unfortunate that it only has come to your
attention recently when it could have come to your attention when
it was timely and maybe the Town Board would have reacted differently,
I don't know.
SUPERVISOR PELL: I think it was in the local press--I'm almost
positive it was. I remember reading it.
MR., MARKEL: Well, I get the local press and I didn't see anything
of it~ and I read it from cover to covDr.
~UPERVISOR PELL: It was done right here at a meeting.
MR. MARKEL: But, by the same token, John, the circumst'ances surround-
ing it--suppose we had a policeman on the force and he has ~ gun at
home and his wi-re takes the gun and shoo~s one Councilman? Whose fault
is it, the Councilman that was shot or the cop that didn't lock up his
gun at home?
COUNCILMAN NICKLES: Your point is well taken.
SUPERVISOR PELL: Anybody else wish to address the Board?
Moved by Supervisor PelI, seconded by Councilman Nicktes, iT was
RESOLVED that this Town Board meeting stand'adjQurned at-4':~l? P.M.
Vote of the Town Board: Ayes: Justice Edwards~ Councilman
Townsend, Councilman Murphy, Councilman Nickles, Supervisor PelI.
This resolution was declared duly ADOPTED.
Southold Town Cl~rk