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HomeMy WebLinkAboutTB-09/20/1983249 SOUTHOLD TOWN.BOARD SEPTEMBER 20, 1983 WORK SESSION 9:00 A.M. Began reviewing the agenda. 10:05 A.M. - The Board met with Jim McMahon, Community Development Administrator, and Linda Scheer, Head Start, to discuss the proposed move of Head Start to the old Town Clerk's Building on Traveler Street, Southold. They are presently located in St. Agnes Hall, Sixth Street, Greenport and the cost for heat, light, water and sewer is more than HUD and EOC allow. Mr. McMahon estimates the cost to renovate the building on Traveler Street would be approximately $16,000.00 and a lien could be put on the building for the cost, or a 50/50 match with the owner. Mrs. Scheer said the building is exactly adequate for their needs and she could stay within her budget. The owner is willing to give a long-term, possibly 15 year, lease. The Board asked Mr. McMahon to gather information for funding. 10:30 A.M. - Tim Rumph, Landscape Architect, met with the Board to discuss awarding the bid for the asphalt, fence and plantings at the Mattituck Parking Field. He recommends Corazzinl for the asphalt, Eastern Horizon for the fencing, and the planting bids are much higher than anticipated and should be rejected. ~0:45 A.M. - The Board continued reviewing the agenda. 11:45 A.M. David Spohn, President of the North Fork Aviation Associa- tion, met with the Board to discuss the Airport Site Selection/Master Plan Study grant from the U. S. Department of Transportation, Federal Aviation Administration. 11:55 A.M. - Recess for lunch. 2:15 P.M. - The Work Session reconvened and the Board resumed reviewing agenda and off-agenda items. REGULAR MEETING A Regular Meetinq of the Southold Town Board was held on Tuesday, September 20, 1983 at the Southold Town Hall, Main Road, Southold, New York. Supervisor Fell opened the meeting at 3:00 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor William R. Pell, III Councilman John J. Nickles Councilman Lawrence Murdock, Jr. Councilman Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Moved by Councilman Nickles, seconded by Justice Edwards, it was RESOLVED that the minutes of the Regular Meeting of the Southold Town Board held on September 6, 1983 be ~and hereby are approved. Vote .of the Town Board: Ayes: Justice Edwards, Councilman-- Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman Murdock, seconded by Councilman Townsend, it was RESOLVED that the next Regular Meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday, October 4, 1983 at the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nicktes, Supervisor Pell. This resolution was declared duly ADOPTED. September 20, 1983 I. REPORTS. SUPERVISOR PELL: The following reports are placed on file in the Town Clerk's Office or my office. Anybody wishing to review them can do so at either office. 1. Town Justice Tedeschi's monthly report - August 1983. 2. Long Island Cablevision's monthly report - August 1983. 3. Town Justice Edwards' monthly report - August 1983 4. Town Justice Price's monthly report - August 1983. 5. Assessor's monthly report - August 1983. 6. Police Department's monthly report - August 1983. 7. North Fork Animal League's monthly report - August 1983~ 8. Councilmen's reports. Does any Councilman at this time wish to make a verbal report? Councilman Townsend? COUNCILMAN TOWNSEND: A couple of small things. I happened to at~end a meeting of the Suffolk County Tercentenary--Southold Town's Committee meeting for that occasion--and I was surprised to see that some of the members were a little discouraged at the attendance and at the festivities. I've asked the Town Board to put a resolution o5 the agenda commending them, because I feel they did a terrific job,- consider- ing the ot--~ T--~n~ involved in this issue. Festival Week I thought was generally very successful, it's not as if it's another Centennial Celebration for Southold Town, as far as many people are concerned this is sort of an obscure celebration. They did a terrific job and I think they enriched the cultural environment of the Town and that's why I've asked for that resolution. The second thing is the progress on the dog shelter. Last week the Supervisor and representatives of the Animal Welfare League and I met to discuss the report from an architect which had come in considerably higher than we had originally anticipated. We resolved to go to the town engineer and see if we could make the addition to the shelter come in considerably cheaper. '- I think that has been done. We got a revised estimate from the people that were going to do the fencing halving the cost, so I think they will be coming in pretty close to the budget of $20,000 on this addition. We hope to go to construction within a month. We had a tentative agreement to have the thing constructed by November. While I don't know whether it's going to be possible to be finished by November 1st, I certainly hope by the end of November we'll be finished. That's all I have. SUPERVISOR PELL: Thank you. Councilman Murdock. COUNCILMAN MURDOCK: Our last Landfill Committee meeting we had a week ago Friday. Some of the results is now we will be going to bid today on quite a few items. There was also one gentleman there with another proposal to burn garbage and generate electricity. He offered the Town a flat rate tipping fee of $8.00 per ton. I think we'll wait now, if we hear from him again then I would consider him serious and maybe we should talk to him some more. Eight dollars would be a beautiful price for the Town of Southold to entertain if he can come up with a process in terms that would do that. I must echo,Joe's remarks about the Tercentenary Committee meeting and the efforts of that committee. They really put a lot of effort and time into it. Hope they don't get discouraged and let down too far before the end of the year. It really is a long time for a standing committee or an acting committee; it's almost seven months or eight months of this year that they've been functioning. I also will announce to the people that the Cutchogue-New Suffolk Chamber of Commerce is hosting a combined meeting of the Chamber's of Commerce tomorrow night, the forum of which will be a discussion between the State Department of Transportation and Suffolk County Department of Transportation, our Town Highway Superintendent. It will be moderated by Assemblyman Sawicki on the relationship of County Route 48 to-State Road 25 for helping traffic flow and trying to get the two organizations to realize that there' area two ways of making traffic flow better for the Town of Southold in the future, and I think that will be an interest!ng program and certainly anybody who's got any interest at all in transportation ~. should come. Thank you, Bill. SUPERVISOR PELL: Thank you. Councilman Nickles. COUNCILMAN NICKLES: Nothing. SUPERVISOR PELL: Councilman Murphy. COUNCILMAN MURPHY: Two quick things. One, Bill, the bids on'the building down on the Lan~ll have been opened. They came in fairly September 20~ 1983 25! close to what we were talking about and_hopefully we will have our .problem sOlved down there by the ~fir~{~f ~he year. And secondly, I would like to report from the Suffolk County Supervisor's Associa- tion that we are trying to form a fund to act as an intervenor with dealing with the Public Service Commission to get the Towns--the ten Towns and the larger special districts in the ten Towns to form a fund to intervene with any rate hikes with LILCO and the phone company. We will it would be much more effective than just each town sending a letter objecting to this which is just thrown in the basket. We'll have more information by the end of the month. Thank you. SUPERVISOR PELL: Judge Edwards. JUSTICE EDWARDS: This morning I passed out a letter to Supervisor Pell from the Fishers Island Civic Associastion and a committee has been formed this winter to look into the feasibility of lncoporating Fishers Island as a village within the Town and that committee will be active this winter and perhaps by spring they'll come up with some kind of a decision. Thank you. SUPERVISOR PELL: Thank you. The Supervisor will be out of Town for the next two days in Albany along with many other people throughout the state to a meeting with the Secretary of State, Miss Gail Shaffer. While I'm gone, Mr. Murphy, Deputy Supervisor, will be here. II. PUBLIC NOTICES. COUNCILMAN MURPHY: 1. Application of Anthony Tamburrino by Costello Marine to construct bulkhead. The lead agency is New York Department of Environmental Conservation. Comments to Dan Larkin at Stony Brook by 9/23/83. This is posted on the Town Clerk's Bulletin Board. 2. Notice of a Complete Application of Lonq Island Oyster Farms, Inc. for a SPEDES Permit and contact New York State D.E.C. by October 21, 1983. This again is posted on the Town Clerk's Bulletin Board. 3. Complete Application of Katherine Fart by Enconsultants, Inc., to construct bulkhead in Greenport. Comments to New York State D.E.C. by October 7th. This again is posted on the Town Clerk's Bulletin Board. 4. Public Notice of the Army Corps of Enqineers on the applica- tion of Anthony Forosich, Richard Hiltz and Georqe Koch, Anchor Lane, Southold, to construct a bulkhead, install a ramp and floating piers, dredge, and place fill, Southold Bay, Little Peconic Bay. Comments regarding this permit must be prepared in writing and mailed to reach that office before October 6, 1983. Again this is posted on the Town Clerk's Bulletin Board. 5. Public Notice of the Corps of Enqineers on the application of Rackett's Cove, c/o David Ricereto, Oak Street, Southampton, to dredge and construct bulkheads and pier and place fill and gabions in Greenport Harbor. Comments by the 7th of October, 1983, in writing. This again is posted on the Town Clerk's Bulletin Board. 6. Another Public Notice from the Corps of Engineers on the application of Edward A. Lawrence, 189 Harbor Road, Port Washington, for Southold Bay, Shelter Island Sound, to place rip rap. Comments by--written comments--by the 13th of October. Again this is posted on the Town Clerk's Bulletin Board. &. Another Public Notice from the Corps of Engineers on the application of W. S. Gardner, P. O. Box 975, Cutchogue, to maintain as completed a pier, ramp, and float assembly and a dredged area at Wunneweta Pond, Great Peconic Bay, Cutchogue. Comments in writing by the~13th of October 1983 to the Corps of Engineers, and again this is posted on the Town Clerk's Bulletin Board. III. COMMUNICATIONS. SUPERVISOR PELL: We have 15 communications today on the agenda. 1. Advising the Board that there will be a forum held by the Secretary of State on Wednesday, October 5th at 2:00 P.M. in Commack, with the Secretary of State presiding to hear comments on Local government and how the State can be involved with it in a better relationship. 2. Letter from Mr. Owen Johnson, Senator from District 4, support- ing the phase-out of LILCO and PASNY takeover of the Shoreham plant. He is informing us of a bill that he has introduced and is working On. 3. Letter from the North Fork Peace Group requesting that a resolution be put on the agenda concerning a freeze on nuclear war. The Board did discuss it today and we have mixed emotions on it and a split Board. It will be put on the October 4th meeting for a vote. 252 September 20, 1983 4. Letter from Southold Town Baymen's Association, Inc. advising us of some ideas that they have of how the Bay Constable could be better utilized to suit their needs. 5. Letter from Sanford Hanauer regarding Horton's Point Light~ house Road and the new steps that were put in up there and the people have four suggestions they ask the Board to consider. 6. Letter from people down at Gull Pond asking the Town tO consider putting money in 1984~s Budget to build a float and put down at the public beach there. There was a float there up until thi~ year. This year when we went to put the float in it was found that it was so old it was unsafe. When we went to put it in. Therefore Gull Pond did not have a float this year and the people are upset about it and would like it put there next year. 7. A seminar is being held on October 1st and October 22nd and it will deal with land trusts, TDR's and the Town is looking into and a couple of our Councilman do plan to attend the meeting. 8. From Brown Boiler & Tank Works, Ltd. that is interested if the Town and when the Town does take over the Mattituck property known as the Care¥ Tank Farms. They are interested in perhaps removing the tanks that are already there. 9£ From Silvers & Associates, Management Consultants, that is lookinq for commercial property to put up perhaps a greenhouse~next to where he can get low energy or steam heat or hot wa~er to give him a low cost operation of the greenhouse. 10. From Peter Grodski, New Suffolk, encouraging the Town Board to work with the Village of Greenport to see if the Village Lighting District could be extended on a Town-wide basis and perhaps the Town of Southold could be relieved from LILCO's light bill and have a Village of Greenport light bill. Something we will look into. One meeting was held with the Village of Greenport already, but there's many many areas that have to be looked into before this can be done and a lot of problems that would have to be ironed out. 11. From the New Suffolk Civic Associastion, Inc. in reference to their ideas on dredqing--maintenance dredging and dreding up in the New Suffolk area and they are making the Board aware of many of their thoughts and this letter will be sent to the County of Suffolk, Department of Public Works, for comment. 12. Letter from the Mattituck Chamber of Commerce addressed to our Chief of Police. I put it on here today to inform the Board and the people here that the Mattituck Chamber of Commerce congratulates our Chief of Police and commends him for the problems that they had in Mattituck at the beginning of summer and they went and had a meeting with him and he took the appropriate steps with our police force to correct the problems that are up there and they wrote him thanking him very much for his help that he did give them. When somebody praises somebody you like to have the Board aware of it. Therefore ~t was on the agenda for today. 13. Letter from the Chief of Police saying that Police Officer Beth Charters has completed her one year of probationary police W'ork and is now a full-time employee of the Town of Southold on a regular basis. 14. From Utica National Insurance Company telling us certain conditions of one of the Town roads that should be fixed and which was fixed. A person got hurt there on May 5th, 1983. The claimiwas settled. The Town insurance paid approximately $1500.00 to settle the claim and the insurance company tells us that the condition Should be repaired, which it was already. 15. Letter from Patr~k E. Lyons with a petition from residents of Orient with 139 names on it requesting that the speed limit in Orient on Route 25, which is State road, should be reduced. This - is something that the Town Board will forward to the State of New York whereas it is a State road, and as well as being presented to the State highway personnel that will be present at tomorrow night's meeting in Cutchogue. IV. PUBLIC HEARINGS. Six public hearings will be held, starting at: 3:25 P.M. - on the proposed Federal Revenu~ Sharin~ Funds for the Fiscal Year beginning on January 1, 1984. 3:30 P.M. Wetland application of The La~d Use Co., on behalf of Robert Patchell. 3:32 P.M. Wetland applicastion of Otto Schoenstein. 3:35 P.M. - Wetland application of Fred Schoenstein, on behalf of John Aexel. 3:37 P.M. - Wetland application of Fred Schoenstein. 5:50 P.M. - on the proposed Federal Revenue Sharing Funds for the Fiscal Year beginning on January 1, 1984. September 20, 1953 1. Moved by councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that the Southold Town Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter' of the application of The Land Use Company, on behalf of Joseph Duggan, for a Wetland Permit on certain property located on the east side of Dawn Lagoon, on Snug Harbor Road, Greenport, 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. ---2. Moved by Councilman Murdock, seconded by Supervisor Pell, it was a) RESOLVED that the Town Board of the Town of SOuthold hereby accepts the following bid for the installation of Asphalt Paving and' Curbing at the Southold Town Parking Field at Mattituck, New York: Corazzini Brothers, Inc. Asphalt Curbing $5,910.00 Asphalt Paving ....... $6.79 per square yard Alternate: Cobble Block Curbing $8,865.00 Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman el . Ni~kleS,Thls reso±u~lonSUpervis°rwas ~ec~ared duly ADOPTED. 2. Moved by Councilman Murphy, seconded by Councilman Murdock, it was (b) RESOL\~D that the Town Board of the Town of Southold hereby accepts the following bid for the installation of Timber Guard Rail at the Southold Town Parking Field at Mattituck, New York: Eastern Horizon Construction Co. $9,790.00 Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: Resolution No. 2(c) for the installation of Plantings at the Southold Town Parking Field at Mattituck is not being awarded. ~.3. Moved by Councilman Nickles, seconded by Councilman Townsend, it was RESOLVED that the $outhold Town Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Peter Micciche for a Wetland Permit on certain proPerty located on Corey Creek, at private road off Bayview 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. 4. Moved by Justice Edwards, seconded by Councilman Nickles, WHEREAS, a Local Law to amend the Southold Town Code in relation to Fees has been presented to the Southold Town Board, now, therefore, be it RESOLVED that the Town Clerk of the Town of Southold be and she hereby is directed to transmit this proposed Local Law to the Southold Town Planning Board in accordance with Article XV, Section 100-150(B) of the Code of the Town of Southold. Said proposed Local Law reads as follows: A Local Law to amend the Southold Town Code in relation to Fees. BE IT ENACTED by the Town Board of the Town of Southold as follows: The Code of the Town of Southold is hereby amended as follows: (additions are indicated by underline; deletions by [brackets]). I. Section 46-15 of said Code (Flood Damage Preven..tion Law of the Town of Southold) is amended by adding thereto a new subdivision, to be subdivision E, to read as follows: E All applications to the Board of Appeals for any relief provided for in this Chapter shall be accompanied by a fee of fifty ($50.) dollars. 254 September 20, 1983 II. Section 69-105 of Chapter 6'9 of said Code (Peddling and Soliciting) is hereby amended to read as follows: Section 69-105. License fees. The fee for each license issued pursuant to this Article shall be [twenty-five ($25.)] fifty dollars ($50.) per yea~ or ten dollars ($10.) per day or fraction thereof. III. Subdivision A of Section 77-203 of Chapter 77 of said Code (Shellfish) is hereby amended to read as follows: A. The fee for a commercial shellfish permit shall be [five dollars ($5.). Effective on an after January 1, 1983, the fee for a commercial shellfish permit shall be] fifteen dollars ($15.), Effective on and after January 1, 1984, thle fee for a commercial shellfish permit shall be twenty dollars ($20.). Such permit shall expire on December 31 of the year of its issuance. IV. Subdivision A of Section 97-23 of Chapter 97 of said Code (Wetlands) is hereby amended to read as follows: A Every application for a permit filed with the Town Clerk shall be accompanied by a filing fee of [twenty-five dollars ($25.),] fifty dollars ($50.), no portion of which shall~be refundable. Section 100-124 of Chapter 100 ot said Code [Zon,ngJ ,s neret~y amended to read as follows: All applications to the Board of Appeals for any relief herein shall be accompanied by a fee of [twenty-five dollars ($25.).]' fi~fty dollars ($50.). VI. Section 100-135 of Chapter 100 of said Code (Zoning) is hereb, y amended to read as follows: All ~pplications to the Planning Board for approval of site development plans shall be accompanied by a fee of [twenty-five dollars ($25.).] fifty dollars ($50.). VII. Section 100-151 of Chapter 100 of said Code [Zoning) is hereby amended to read as follows: Every petition for a change or amendment to this chapter or September 20~ 1983 255 - the Zoning Map shall be filed ~ith the Town Clerk and shall be accompanied by a fee of [one hundred dollars )$100.).] two hundred dollars f$200.). This Local Law shall take effect immediately. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, COuncilman Murphy, Councilman Murdock, COuncilman i l Nickles, Supervisor Pell. ~ This~esolution was declared duly ADOPTED. 5. Moved'by Councilman Nickles, seconded by Councilman Murdock, WHEREAS, the emergency department personnel at Eastern Long Island Hospital are specialists trained to handle life- or limb-threatening injuries or illnesses requiring immediate attention, and must be available 24 hours every day of the week to all patients who need medical aid; and WHEREAS, the emergency medical services system ast Eastern Long Island Hospital has provided emergency health care to hundreds of our citizens; and WHEREAS, vast improvements in emergency medicine have been made within the past fifteen years, and our emergency department personnel have completed extensive training and continuing education to enable them to keep up with those improvementsw; and WHEREAS, hundreds of lives have been saved due to the efforts of these trained men and women; and WHEREAS, emergency department visits have increased nationwide, with over 83 million visits occurring annually; and - WHEREAS, emergency medicine is the newest recognized medical specialty and is celebrating its fifteenth anniversary as an organized medical profession; and ~ WHEREAS, Emergency Medicine Week is being held to educate the citizens about emergency medicine, NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of SOuthold hereby declares the week of September 18 24, 1983 to be EMERGENCY MEDICINE WEEK. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 6. Moved by Justice Edwards, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor William R. Pell, III to execute an agreement with Fishers Island part,time Bay Constable John Clavin, extending his contract to Ocqober 15, 1983, at no increase in compensation, but allowing payment by the Town for the additional fuel required for this period of time. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Concilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: At this time I'd like to recess the regular Southold Town Board meeting for the length of time it takes to conduct the hearings we have scheduled for today. Moved by'Supervisor Pell, seconded by Councilman Murdock, it was RESOLVED that a recess be called at this time for the purpose of conducting five public hearinqs. (3~5 P.M.) Meeting to reconvene following the public hearings. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdockj Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 7. Moved by Councilman Townsend, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the transfer of $12,000.00 from Year VII Community Development Funds, Rehabilitation of Senior/Youth Center at Peconic, to Year VIII, Mattituck Parking Field. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 256 September 20, 1983 8. Moved by'Councilman Murdock, seconded by Justice Edwards, it. was RESOLVED that the application of Martin Sidor, dated September 23, 1983, for renewal~of a single family house trailer permit fo~ trailer located at south side of Oregon Road, Mat%ituck, Ne~ York, be and hereby is granted for a six (6~ month period. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Concilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 9. Moved by Councilman Nickies, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold will hold a public hearing at the Southold Town Hall, Main Road, South~ld, New York on the 4th day of October, 1983, at 8:00 P.M., at which time and place all interested persons will be given an opportunity to be heard on the following matter: "A Local Law to provide for relie~ from the bulk requirements of the Zoninq Code," which reads as follows: A Local Law to provide for relief from the bulk requirements of the Zoning Code BE IT ENACTED by the Town Board ofthe ]'own of Southold as Allows: Article I of Chapter 100 of the Sdu,,thetd Town Code (Zoning) is hereby amended by adding a new section thereto to b~ secti0'h 1-00-31A to re'ad as follows: Sectiar~ ~00-31A - Relief from Bulk and Parking Requirements Findings (a) On May 16, 1983, the Town Board enacted Local Law NO. 7 which increased the minimum area, width, depth~ and yard requirements of lots located in the A Residential and Agricultural Districts, as ~f its effective date of May 20, 1983. (b) On August 9, 1983, the Town Board enacted Local Law No. ~, 1983, which excepted certain subdivision maps from the lot area, width, depth and yard requirements specified in said Local Law No. 7, 1983. (,c) The Town Board has now ascertained that there exists many owners of land who had expended time and money 'in the preparation of subdivision ,maps conforming 1~o the zoning requirements in effect prior to May 20, 1983, but due to circumstances beyond their control were unable to have such subdivision maps approved by the Planning Board prior to May 20, 1983. (d} That the Town Board finds that in such instances, it would be inequitable to require such land owners to conform to the reqdirements established by Local Law No. 7, 1983, and that such owners should be given an opportunity to petition the Town Board to request that the provisions of the Bulk and Parking Schedule in effect prior to May 20, 1983 shall apply to the subdivision described in said petition. (2) Subdivision Maps Affected The provisions of this Section shall apply to the following subdivision maps: (a) Minor subdivision map~ for which, an application for sketch plan approval was filed with the Planning Board prior to March 20, 1983. (b) Major subdivision maps for which a~ application for sketch plan approval was filed with the Planning Board prior to January 1, 1983. (3) Time of filing Petitions Petitions for the relief provided for in this Section sha~l~ be filed with the Town Clerk within six (6) months of the effective .date of this Local Law. Septemebr 20, 1983 Contents of Petition The petition shall be verified by the owner of the properS.%' a~d shall set forth such facts as the petitio~er c~ee~s approp~i~te ~o i~cate that the petitioner h~d filed an ap~[[~[~ fo~ ske~ ~ approval of the subdivision ma~p [~vo[ve~; ~ ~e[~o~er ~a~ diligently and in good faitA p~s~e~ s~ ~p~c~on; t~ F~ approval of said subdivis~ ~p ~as r~ot gr~n~ed~ by the ~i~q:~ c~ntrol of the petitioner. (5) Procedures U~n t~be receipt of a petition, the Tow~ ~oard shaJ] ~ the sa~e ~.e tAe Plann[~9 Board. and the S~ffe,~k Ceu,a~-f P~g Cem~ss~on ~if ~eq~r~ by Article Xlll ~ S~ff~k C~nty Char~er~ for their written recommendations. Upo~ receipt of [be ~,ritte~, recom~e~dat~ofs of the aforesai¢ [c~ Afte. r such hea~-iqcj~tbe Town Board shall take such action on ~-~h~--~'etil'iorf-~s-it deems a~ropr~i~e. - ~ (6~ Fees Ever. y petition for relief provided for in this Section shah ;~ file~ with;.' the Town Clerk and shall be accompanied by a fee ~ one hundred ($100.) dollars. This Loca~ Law shall take effect immediately. %~.10. Moved by Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold will hot8 a public hearinq at the Southold Town Hall, Main Road, Southold~ Ne~ York on the 4th day of October, 1983 at 8:05 P.M., at which time and place all interested persons will be given an opportunity to heard on the following matter: "A Local Law in relation to Area Yard requirements of lots on Subdivision Maps approved prior to 20, 1983," which reads as follows: A Local Law in relation to Area and Yard requirements of lots on Subdivision Maps approved prior to May 20, 1983 BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 100 of the Southold Town Code (Zoning) is hereby amended as follows: Section 100-3~ B(1) thereof is hereby amended to read as follows: (I) All lots shown on Major and Minor subdivision maps wi~ch were granted final approval by the Planning Board prior to May 20, 1983. II. This Local Law shall take effect immediately. 'Vote of the Town Board: Ayes: Justice Edwards, .Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 11. Moved by Justice Edwards, seconded by Councilman Nickles, it was RESOLVED that the Southold Town Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of The Land Use Company, on behalf of Jerry Bady, for a Wetland Permit on certain property located at Calves Neck Road, on Town Creek, 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. September 20, 1983 12. Zoved by ~ustice Edwards, seconded by Councilman Nickles, it was RESOLVED ~hat the Town Board of the Town of Southold hereby a~thor- lzes the Board of Cc~iss±oners of the Fishers Island Ferry Distric.I. to enter into a ~contract with Thames Shipyard & Repair Co., lowest biddar~ for drydocking the MV Olinda, in the amoun~ of $7,600.00, and for the following supplemental work depending upon conditions found at the time of drydocking: A. Removal of both shafts and gauging for accuracy - / $1,100.00 per shaft. B. Installation of new shafts - $950.00 per shaft. C. Inspection and renewal of strut bearings - $500.00 per bearing. D. Renewal of stuffing box packing - $300.00. E. Installation of hull plating as may be reqmired - $22.00/hr. + .35/lb. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nicklesr Supervisor Pell. This resolution was declared duly ADOPTED. 13. Moved by Councilman Nickles, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town:-of Southold hereby author- izes the following transfer within the Highway Department 1983 Budget - Item 4, Misc. & Snow Ice Control Fund:" -- From: _DS9059.8 - CSEA Ben~fLt~i~ ................... ~!.~ ±'~-~- ±nno: DS9060.8 - hoB~talization & Medical I~'sur~nce--$221~05 Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pe).i. This resolution was ~eclared duly ADOPTED. 14. Moved by Councilm~n Murphy, seconded by Councilman Nicktes, it was RESOLVED that the Town Boar~ of the Town of Southold hereby appoints Michael Fingerte as a ~art-tLme Bay Constable, effective immediately, to work as needed, at a ~atary of $6.00 per hour. Vote of the Town Board: Ayes: Justice Edwa~ds~ Counc%!msn_ Townsend, Councilman Murphy, Councilman Murdock, Councilman ~ Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 15. Moved by Councilman Townsend, seconded by Councilman Murdock, it was RESOLVED that consent is hereby given to Raymond C. Dean, Super~n- . tendent of Highways of the Town of Southold, to abandon a p0~i~n of Seventh Street lying between Flint Street on the south and the Long Island Railroad rJ'qht of way on the north, said highway ha~ not been traveled or used as a highway for six and more years pmior to the date hereof, and is hereby declared abandoned pursuant to Section 205 of the Highway Law as a highway and a public right Of way. Said abandoned highway, as shown on a certain map entitled "Map of Greenport Driving Park" filed in the Suffolk County Clerk's Office as Map No. 369, is described as follows: All that certain plot, piece or p~rcel of land situate lying and being near the Village of Greenport, in' the Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a point on the northerly line of Flint. on the extension of Seventh Street and running thence North 6 degrees 53 minutes 30 seconds East 130.40 feet to land of Long Isladn Railroad Co.; thence along said land of Long Island Railroad Co. South 84 degrees 11 minutes 40 seconds West 51.26 feet to the extension northerly of the westerly line of Seventh Street; thence along said extension South 6 degrees 53 minutes 30 seconds West 118.86 feet to said northerly line of Flint Street; thence along said northerly line of Flint Street South 82 degrees 77 minutes 10 seconds East 50 feet to the point or place of beginning. 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 TOWNSEND: Basically, what we're doing is abandoning a road to make room for houses we're providing in the greater Greenport- area on Seventh Street for low-income housing. 16. Moved by Justice Edwards, seconded by Councilman Nickles, it was RESOLVED that Supervisor William R. Pell, III be and he hereby is authorized and directed to execute an agreement between the TOwn of of Southold and Island Peoples Project, Inc. to conduct recreational programs for the youth residin? on Fishers-Island consisting of swimming lessons, sailing lessons, athletic games and events and other such activities as may be required by the Town during the calendar year September 20, 1983 1983, and in consideration for ~uch services th~ Town agrees to pay the Island Peoples Project, Inc. the sum of $500.00. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 17. Moved by Councilman Nickles, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor William R. Pell, iii to execute a Grant Agree- ment between the U. S. Department of Transportation, Federal Aviation ~--~nistration for a grant in the amount of $56,501.00 (federal share) to conduct an Airport Site Selection/Master Plan Study and Environmental Assessment for an airport to service the Town of Southold, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nicktes, Supervisor Pell. This resolution was declared duly ADOPTED. 18. Moved by Justice Edwards, seconded by Councilman Townsend, it was RESOLVED that the Southold Town Board declares itself lead agency in regard to the State Environmental Q~ality Review Act in the matter of the application of the Suffolk County Department of Public Works for a Wetland Permit on certain property located at the bridge carry- ing Oaklawn Avenue over Jockey Creek, Southotd, New York. Vote of the Town Board: Ayes: Justice Edwards, Counci-lman Townsend, Councilman Murphy, Councilman Murdock, Concilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 19. Moved by Councilman Murdock, seconded by Justice Edwards, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southo!d, notice is hereby given that the Southold Town Board, as lead agency for the action described below, has determined that the pro3ect, which is unlisted, will not have a significant effect on the environment. - Description of Action: Application of The Land Use Company, on behalf of Robert Stewart for a Wetland Permit to construct fixed dock, ramp and float on Mattituck Creek, at Westphalia Road, Mattituck, New York. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been a response from the Board of Southold Town Trustees and Southold Town Conservation Advisory Council indica~- ~ting that this project would not have a significant effect on the environment. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation and the Southold Town Building Department, it is assumed that there are no objections nor comments from those agencies. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 20. Moved by Justice Edwards, seconded by Councilman Nickles, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law Stake 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 i's unlisted, will not have a significant effect on the environment. Description of Action: A~plication of Enconsultants, Inc., on behalf of Leonard Lang, for a Wetland Permit to construct bulkhead, ramp, floating docks, and dredge in front of proposed~bulkhead at Budd's Pond Road, on dredged canal off Budd's Pond, Southold, New York. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been a response from the Board of S~uthold Town Trustees and Southol~own Conservation Advisory Council indica- ting tha~ this proiee~ would not have a significant effect on the environment. ~0~ Septembe~ 20, 1983 Because there has been no response in the allotted time from the New York State Department of Environmental Conservation and the Southold Town Building Department, it is assumed that there are no objections nor comments from those agencies. Vote o~i!'the Town Board: Ayes: Justice Edwards, Councilman Town~, Councilman Murphy, Councilman Murdock, Councilman Nick!i~~ Supervisor Pell. This resolution was declared duly ADOPTED. 21. Moved by Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that pursuant to Article 8 of the.Environmentat 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 th'e action described below, has determined that the project, which is unlisted, will not have a significant effect on the environment. Description of Action: Application of Enconsultants, Inc., onbehalf of John Bertani, for a Wetland Permit to fill lot with clean sand and loam to raise homesite to required flood plain elevation, con- struct one-family dwelling, pool, decks, drive, sanitary system~ timber retaining wall plus returns, timber dock consisting of fixed relevated catwalk, hinged ramp and float, at Oakwood Drive, on Goose Creek, Southold, New York. The project ~as been determined not to have a significant effect on the environment for the following reasons: An environmental a~sessment has been submitted which indicated'-- that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been a response from the Board of Southold Town Trustees and Southold Town Conservation Advisory Council indica- ting that this project would not have a significant effect on the environment. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation and the Southold Town Building Department, it is assumed that there are no objections nor comments from those agencies. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 22. Moved by Councilman Townsend, seconded by Councilman Murdock, it~was RESOLVED that the Town Board of the Town of Southold hereby sets · uesday, October 4, 1983, Southold Town Hall, Main Road, Southold~ New Yolk, as date and place for hearings upon the following applica- tions for Wetland Permits: 3:00 P.M. - in the matter of the application of The Land Use Company, on behalf of Robert Stewart, for permission to construct a fixed dock, ramp, and float on Mattituck Creek, at Westphalia Road, Mattituck, New York. 3:02 P.M. - in the matter of the application of Enconsultants, Inc., on behalf of Leonard Lanq, for permission to construct bulkhead, ramp, floating dock, and dredge in front of proposed bulkhead at Budd's Pond Road, on dredged canal off Budd's Pond, SOuthold, New York. 3:05 P.M. - in the matter of the application of Enconsultants, Inc., on behalf of John Bertani, for permission to fill lot with clean sand and loam to raise homesite to required flood plai~ elevation, construct one-family dwelling, pool, decks, drive, sanitary system, timber retaining wall, plus returns, timber dock consisting of fixed elevated catwalk, hinged ramp and float, at Oakwood Drive, on Goose Creek, Southold, New York. Vote of the Town Board: Ayes: J.ustice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. -'23. Moved by'Councilman Murdock, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of So~thold heYeby author- izes the transfer of $250.00 from General Fund Whole Town A7230.1, Beaches, Personal Services, to A5650.1, Off Street Parking, Personal Services. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: Number 24 we are not ready to act upon. We move on to Number 25. September 20, ~L983 25. Moved by Councilman Townsend, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of H. O. Penn Machinery Co., Inc. for supplying the Town of _ Southold with one new track type dozer, all in accordance with the bid documents, at the total price of $92,198.00, and be it further RESOLVED that the Town accepts the offer of H. O. Penn Machinery Co., Inc. of its maximum cost of repairs program at no cost to the Town of Southold, subject, however, to the approval of the Superintendent of Highways of the exceptions of various repair items which are not -included in such repairs program, and be it further RESOLVED that the Town also accepts the offer of H. O. Penn Machinery Co., Inc. to repurchase said machine within four (4) years or 5000 ~ hours, at a purchase price of $40,000.00, at the option of the Town. ~ Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 26. Moved by Councilman Murdock, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Edward Ehrbar, Inc. for supplying the Town of Southold with one used 4½ cu. yd. front-end loader, all in accordance with the bid documents, at the total price of $140,000.00, and rejects Option lA to furnish and install air conditioner for the aforesaid 4½ cu. yd. front-end loader. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 27. Moved by Councilman Murdock, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Edward Ehrbar, Inc. for supplying the Town of Southold with one used 1½ cu. yd. front-end loader, all in accordance with the bid documents, at the total price of $25,000.00, with trade-in allowance for Town's Caterpillar D-6 in the amount of $5,500.00. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nicktes, Supervisor Pell. This resolution was declared duly ADOPTED. 28. Moved by Justice Edwards, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby author- izes the transfer of $120.00 from A1490.4, Public Works, Contractual, to A1490.2, Public Works, Equipment. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolUtion was declared duly ADOPTED. 29. Moved by Councilman Townsend, seconded by Supervisor Pell, it was RESOLVED that the Town Board of the Town of Southold hereby goes on record as commending and applauding the Southold Town Tercentenary Committee for Suffolk County's 300th Birthday for the fine work and dedicated efforts they have expended on behalf of the Town of Southold for the.success of Festival Week and the entire Tercentenary Year. 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 Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby author- izes and directs Supervisor William R. Pell, III to execute a lease agreement between the Town of Southold and the Cutchogue Presbyterian Church to lease the parking lot in rear of the church for a term of five years, effective October 1, 1983, through Qctober 1, 1988, at a rental of $10.00 to be paid in advance upon the execution of the lease. Vote of the Town Board: Ayes: Justice Edward~, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 31. Moved by Councilman Nickles, seconded by Supervisor Pell, WHEREAS, Nicholas Schick has heretofore filed a petition with the Town Clerk, pursuant to Article XV of Chapter 100 of the Southold September 20, 1983 Town Code, for a Change of ZOne on certain property in ~rlent, in the Town of Southold, from "A" Residential and Agricultural District to "M-l" General Multiple Residence District, and WHEREAS, pursuant to the provisions of ARticle 8 of the Environmental Conser'vation Law, Part 617 of Title 6 of the New York State Codes, Rul~L~and Regulations, and Chapter 44 of the Southold Town Code~ the So~d Town Board, as lead a~ency, determined that the action Iproposed is'~a~ii~ype I action and is likely to have a significant effect on the environment, and WHEREAS, the Town Clerk did file and circulate such determination as required by the aforementioned law, rules and code, and WHEREAS, Nicholas Schick did, upon request of the TOwn Board, cause to be prepared and filed a Draft Environmental Impact Statement, all in accordance with said law, rules and code, and WHEREAS, the Town BOard of the Town of Southold held a public hearing on the Draft Environmental Impact Statement submitted by Nichctas Schick at the Southold Town Hall, on August 9, 1983, at which time all interested persons were given an opportunity to speak, and Nicholas Schick was thereafter given the opportunity to submit responses to the public comments until August 19, 1983, and the public was given the opportunity to respond to those responses until April 29, 1983, now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby determine that the action proposed is likely to have a significant effect on the environment, and be it further RESOLVED that the Town Clerk immediatly notify the applicant, Nicholas Schick, of this determination, and further request said applicant to prepasre a Final Environment Impact Statement, all in accordance with said law, rules and code, within sixty days from the date of this resolution. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 32. Moved by Councilman Townsend, seconded by Councilman Murdock, WHEREAS, The Land Use Company, on behalf of Robert Patchell, applied to the Southold Town Board for a permit under the provisions of~%he Wetland Ordinance of the Town of Southold, applicastion dated June ~- 22, 1983, and WHEREAS, said application was referred to the Southold Town Trustees and Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Board with respect ~ to said application on the 20th day of September, 1983, at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that The Land Use Company, on behalf of Robert Patchell; be granted permission under the provisions of the Wetland Ordinanc~ to construct timber bulkhead, backfill with clean sand, construct dock, ramp and float on private road off Westphalia Road, on Mattituck Creek, Mattituck, New York, PROVIDED the bulkhead be kept in line with the existing bulkheads and that the size of the dock will b~ 4 ft. by 50 ft. and the size of the two floats will be 6 ft. by 18 ft. each. This permit shall expire on September 20, 1984 if work has not commenced by said date, there shall be two inspections required, and the Town Clerk shall be notified when the pro3ect 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. 33. Moved by Councilman Murdock, seconded by Councilman Murphy, WHEREAS, Otto Schoenstein applied to the Southold Town Board forla permit under the provisions of the Wetland Ordinance of the Town of Southold, applicastion dated July 27, 1983, and WHEREAS, said application was referred to the Southold Town Trustees and Southold Town Conservation ADvisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Board with respect to said application on the 20th day of September, 1983, at which time all interested persons were given an opportunity to be heard, now~ therefore, be it RESOLVED that Otto Schoenstein be granted permission under the pr~visions of the Wetland Ordinance to construct bulkhead, ramp and floa~ at Mooring Lot No. 31 on the east side of Gull Pond, Greenp~rt, New York, PROVIDED all boats will be moored within the boundary lines of the applicant. This permit shall expire on .September 20, 1984 if work September 20~ 1983 ,~ has not commenced by said date, ther? sh~ll be two inspections required, and the Town Clerk shall be notif~~'~he'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. 34. Moved by Councilman Murphy, seconded by Justice Edwards, WHEREAS, Fred Schoenstein, agent for John Aexel, applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated July 27, 1983, and WHEREAS, said application was referred to the Southold Town Trustees and Southotd 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 20th day of September, 1983, at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that Fred Schoenstein, as agent for John Aexel, be granted permission under the provisions of the Wetland Ordinance to construct bulkhead, ramp and float at Mooring Lot No. 30 on the east side of Gull Pond, Greenport, New York, PROVIDED all boats will be moored within the boundary lines of the applicant. This permit shall expire on September 20, 1984 if work has not commenced by said date, 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. 35. Moved by Councilman Nickles, seconded by Justice Edwards, WHEREAS, Fred Schoenstein applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southo!d, application dated July 27, 1983, and WHEREAS, said application was referred to the Southold Town Trustees and Southold Town Conservation Advisory Council for their findings - and recommendastions, and WHEREAS, a public hearing was held by the Town Board with respect to said application on the 20th d~y of September, 1983, at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that Fred Schoenstein be granted permission under the pro- visions of the Wetland Ordinance to construct bulkhead, ramp and float at Mooring Lot No. 32 on the east side of Gull Pond, Greenport, New York, PROVIDED all boats be moored within the boundary lines of the applicant. This permit shall expire on September 20, 1984 if work has not commenced by said date, there shall be two inspections required, and the Town Clerk shall be notified when the project 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 SUPERVISOR PELL: Does any Councilman have anything to add at this time? Councilman Townsend? (Nothing.) Councilman Murdock? (Nothing.) Councilman Nickles? (Nothing.) Councilman Murphy? (Nothing.) Judge Edwards? (Nothing.) Who wishes to address the Board at this time? Mr. Harvey? MR. STEWART HARVEY, Southold: Why are we rentin~ an additional parkinq area in Cutchoque? SUPERVISOR PELL: Cutchogue Presbyterian Church. We were asked to by the people of the area if we would provide it. It is used as a community meeting place, the League of Women Voiders use it and we are doing the same thing as we do with the Southold Methodist Church,~ we rent their, we ren~ the Southold Firehouse,~different ones throughout the T~wn we do lease. The American Legion up here we lease. MR. HARVEY: What is the status, and why on the ramp on the American Legion? SUPERVISOR PELL: Status of the ramp, where's Jim McMahon? TOWN CLERK TERRY: The handicapped ramp, Mr. Harvey? September 20, 1983 MR. HARVEY: Yes. TOWN CLERK TERRY: It's out to bid and the bid opening, I believe, is n~x% Thursday. MR. ?~VEY: It's our ramp for the American Legion. Who pays for it? SUPERVISOR ~ELL: It's being paid for by Community Development Punds. MR. HARVEY: Not the Town? SUPERVISOR PELL: No, it's your tax money, but it's coming back through Community Development. MR. HARVEY: We pay for it anyway. SUPERVISOR PELL: Yes, pay for it anyway, but we put one in the Mattituck Library, as requested, and I think the Southold LibrarY. MR. HARVEY: I have a continuation of something I started today. The thing you have on for next week, but I'd like to get it off my chest while I remember it. The North Fork Peace proposal. I think our Town Board should not be involved in passing or considering a freeze on nuclear weapons or similar proposals. The Town Board becomes involved with federal petitions and proposals we'd have to meet once a week with an enlarged Board just to handle the work. This is ridiculous that we should get mixed in things outside our scope~ ~ I believe that it is proposed at election time to intimidate the candidates seeking reelection. I think it's not fair. It puts~the candidate who is trying to get reelected on a real spot here. Whether the first thing they're going to come up with a deal people are going to say he's pro-peace, he's against peace. I think the proposal should be judged by our elected federal members, the Senate and the Congress, not us. The proposal itself can only weaken our nation's position on the international scene, because all it does is say the gains that they've got here, which weakens our own government's proposition. There's nothing on the gains that have got with Russia, and I think for the last couple of week we know how these people end up. We[re getting right back to---I think some of you guys will remember, I know I do, where England was at the beginning of World War II-. They had a Clydsdale Sect that didn't believe zn arming, everybody else would disarm if they did, we almost lost the freedom of the world and it ends up with the useless extermination of millions of Jews before we could stop it. I don't think---I think we weaken our government's position on this proposal, but I don~t think this proposal, or any proposal like it has any business being before the Board. SUPERVISOR PELL: Thank you. Anything else you wish to comment on? MR. HARVEY: I think that's it. SUPERVISOR PELL: Anybody else wish to address the Board? Mr. Dave Spohn. MR. DAVID SPOHN, Orient: Supervisor William Pell and Councilmen on the Town Board, on behalf of the North Fork Aviation Association, air space users and myself, I wish to thank you gentlemen for your vote in favor of the Airport Master Plan/Site Selection and Environ- mental Assessment Study. Thank you very much. SUPERVISOR PELL: Thank you, David. It's been a long time, three years. I signed the first application October 22nd, 1980 and the final one was signed today, quite a time. Mr. Harvey. MR. HARVEY: Short one I forgot. I went out for lunch and the people who run the shelter--there was a young lady around with a truck and she had a dog that was lost and was trying to find who~owned it. Very courteous and I think they're a credit. She was very nice about the whole thing and asked for cooperation, which we gave her. I think they do a nice job. SUPERVISOR PELL: Thank you. Anybody else wish to address the Board? MR. PHIL BARTH, Southold: I just want to express my opinion, just the opposite of the gentleman who spoke before. First of all I dO think it is the d~¥ of~the Town Board. to express the wishes of the September 20~ 1983 265 constztuents of this village--of th£s.~TQwn--as to whether we want a verifiable nuclear freeze. We're not talking about a mutual verifiable nuclear freeze, we're not talking about a nuclear freeze that's just on one side, it has to be on both sides. If it's not on both sides than all bets are off. Now, actually if we want our elected repre- sentatives in the Congress to know how we feel, we have' to let them know how we feel all the way down to the grassroots, and we're the grassroots, and that's been shown through many meetings throughout the Country, Town Board's have gone on record supporting a verifiable nuclear freeze. Also, the Catholic bishops have issued a letter the same way, going on record for a verifiable mutual nuclear freeze and I think it's within the province of the Town Board to go on record the same way. SUPERVISOR PELL: the Town Board? Thank you very much. Mr. Demarest. Anybody else wish to address MR. LOUIS DEMAREST, Orient: According to the minutes of the last meeting, there is a proposal before the Board to have user fees for the public beaches and the disposal area. I have a prepared state- ment and if I may I'd like to read it. SUPERVISOR PELL: Absolu%e!y. MR. DEMAREST: I wish to make a statement regarding the proposed user fees for the public beaches and disposal area. Joe Sawicki and Jay Schondebare join me in this statement. I am opposed to the proposed user fees for a dual beach and dispcsal area permit. The use of both the beaches and the disposal area traditionally have been free to the residents of the Town. It is my belief that this is only a first step to substitute fees for taxes. It is a proven fact that fees, -- once initiated, will be increased as has been proven in the case of the Town shellfish permit fees. Previous town boards, on some of which I was privileged to serve, had the foresight to acquire beaches that we would now ask our senior citizens to pay for once again as well as asking our young people, who probably use the beaches most, to start paying for something their parents bought and paid for. It may be argued that these fees wil help defray the expenses of these public facilities. The additional administration and policing costs of these permit fees will, in fact, result in a net loss. Thank you. SUPERVISOR PELL: Anybody else wish to address the Town Board? Councilman Nickles. COUNCILMAN NICKLES: I'm glad to see Mr. Harvey speak up on this issue that was brought before us today on this North Fork Peace Group relative to the Town Board taking a position on a mutual verifiable freeze. This is a group that has been before this Town Board well over a year ago and spent much of their time and lot of the Town Board's time was wasted and I think that the efforts that we should be putting forth on behalf of the people of Southold Town diluted by getting lnvotved in an issue that does not relate to the job that you folks hired us to do, which is to run this Town. And I don't think you need a pass-through from a Town Board to get to your congressman or to your U. S. Senate. They represent you. You are the grassroots and you sure as hell do not need this Town Board to communicate for those elected officials that have the responsibility on the federal level of negotiation or setting policy as it relates to nuclear arms race or mutual verifiable freeze or whatever you want, and I think this is the wrong forum to have a debate go on as to what is the most beneficial way for our government, federal government that is, to negotiate with the U.S.S.R. I don't think we have the expertise here, I don't think the Town Board member spend their time dwelling on freezes of any nature, unless it may be a b~dget freeze, which we may enacted so the Supervzsor evidentatly has a surplus and wants to buy a chair for his office. So, consequently, when this comes up for a vote hext week I'm going to vote against it and it's immaterial whether I feel mutual verifiable freezes are the thing or not the thi~g_~ It's just not the forum for this type of debate and when people talk of town meetings they're talking about the New England~form of government, where the people come and run their town. Your government here, even though we have a New England tradition here, is a different type of government. This is government by representation. You send us to this Town Hall for four years or two years, in the case of the Super- visor, to represent you. This is government by representation and at the end of that period if you feel the people up here aren't doing the job, I guess you know what to do about it. That's why they have a certain day in November. I feel strongly about this. Many times September 20, 1983 we get involved in issues that are brought before us that take our attention away from really important things that go on in this T~wn that we have an opportunity to control. We sure as hell can't control Congress or the U. S. Sentate. It's up to their constituents ~to voice their opinions to them. The same as you come here and voice your opinion to this Board on matters that relate to the Town. Thank you. MR. HARVEY: May I say that the Congressmen and Senators are very good about answer mail on these things. They're very good.~ SUPERVISOR PELL: Thank you. Moved by Supervisor Pell, seconded by Councilman Murdock, it was RESOLVED that this Town Board meetinq be adjourned at 4:20 P.M. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman' Nickles, Supervzsor Pell. This resolution was declared duly ADOPTED. ~-:Southold Town Clerk