HomeMy WebLinkAboutTB-10/18/1983299
SOUTROLD TOWN BOARD
OCTOBER 18, 1983
WORK SESSION
8:50 A.M. - Water Advisory Committee members Martin Trent and
Frank~Bear met with the Board to review their proposed resolution
Hfor the e~ablishment of a Water Management Program, and a proposed
letter various state and federal officials requesting the enactment
of measures to minimize further degradation of Southold's groundwater
quality through the use of pesticides. The Board approved the pro-
posed letter which will be sent by the Supervisor. With regard to
the proposed Water Management Program, discussion was held relative
to the feasibility of employing a planner or possibly a board,
similar to the Board of Appeals or Planning Board. Much more
~hought must be given to this due to the costs concerned therewith.
This program will be discussed again at 4:00 P.M. on November 9th.
9:.15 A;M. - The Board began reviewing the agenda.
10:15 A.M. - Community Development Administrator James McMahon and
Bessie Swann and Beverly Smith of the Greenport Housing Alliance,
Inc. met with the Board to discuss the take-over of Year VII Community
Development Housing Rehabilitation Program by the Alliance, since Pan
Tech Management is interested in dropping out Year VII, the only one
they are presently involved in. The Board agreed to the proposal.--
Mr. McMahon made a report on pending Community Development projects.
10:45 A.M. - Chief Winters met with the Board to discuss his September
monthly report, appointment of a new Sergeant, and appointment of a
Bay Constable.
EXECUTIVE SESSION
11:00 A.M. - James Reynolds, Special Assistant District Attorney,
and Special Counsel to the Town Board bring the Board up to date
on pending litigation.
11:20 A.M. The Board resumed reviewing agenda nd off-agenda items.
12:15 P.M. Recess for lunch.
2:45 P.M. - Abigail Wickham, Attorney, met with the Board to request
a further extension for Nichols Schick, Inc. to return to the Board
with a progress report on the renovation of the Orient Point Inn.
The Board agreed to a. March 1, 1984 extension - see Resolution No. 22.
2:55 P.M. Work Session adjourned.
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on
Tuesday~ October 18, 1983 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:
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
300 October 18, 1983
Moved by Councilman Nickles, seconded by Justice Edwards, it was
RESOLVED that ~he minutes of the September 20, 1983 and October
4, 1983 Regular Meetings of the Southold Town Board, and two
~eptember 27~ 1983 Special Meetings of the Southold Town Board
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 Meetings of the Southold Town'Board
will be held at 7:30 P.M.., Tuesday, November 1~ 1983, and We~n~sd~¥~
November 9~ 1'983 at 7:A5 P.M., and the Budget Hearings will be held
at 3:00 P.M. and 7:30 P.M. on November 9, 1983~ all at the.SouthOld
Town Hall, Main Road, Southold,.New York.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
I. REPORTS.
SUPERVISOR PELL: The following reports are placed on file in the
Town Clerk's Office. Anybody wishing to review them can do so at
the Town Clerk's or in the Supervisor's Office.
2.
3.
4.
5.
6.
7.
8.
make their reports.
Police Department's monthly report - September~1983.
Town Justice Tedeschi's monthly report - September 1983.
Town Justice Edwards' monthly report - September 1983;
Town Clerk's monthly report - September 1983.
Assessor's monthly report - September 1983.
Building Inspector's monthly report - September 1983~
Town Justice Price's monthly report - September 1983.
Councilmen's reports. At this time the Councilmen will
Councilman Townsend.
COUNCILMAN TOWNSEND: I have nothing, Bill.
SUPERVISOR PELL: Councilman Murdock.
COUNCILMAN MURDOCK: Just at the Landfill they've done a little
preliminary ground breaking~ getting their final concrete measure-
.ments in place and hopefully we'll be pouring concrete before the
frost falls.
SUPERVISOR PELL: Thank you. Councilman Nickles.
COUNCILMAN NICKLES: Nothing.
SUPERVISOR PELL: Councilman Murphy.
COUNCILMAN MURPHY: Nothing except I'd just like to add to Larry's---
concrete has been poured already. Some of the footings are in.
SUPERVISOR PELL: Judge Edwards.
JUSTICE EDWARDS: The only report I have is of the Emergency Prepared-
ness Drill we had with North East Utilities last Wednesday and we did
quite well on Fishers Island and the surrounding areas of New London.
Thank you.
SUPERVISOR PELL: Thank you. Supervisor has a report to make -
progress is moving slow on all fronts,, but it is moving. Very
interesting thing we're going to have in the next few days is being
set tomorrow in Albany--the date will be exact--it will be a meeting
on Cablevision--a hearing in Riverhead. The Cable Commission from
Albany said they were going to send out letters to everybody who sent
in a complaint to them through Southold Town--seven hundred and some
odd postcards--you people got them in your mail. All these folks
will be notified. This is a hearing that is asked jointly between
the east end villages and the towns who have the franchise with
Long Island Cablevision. This hearing will be October 25th, I
believe. The exact date I'm not sure of, but it will be announced
as soon as we get the exact confirmation of it. This is something
that this Town Board has been working on since quite a few years and
is finally coming off and we're putting pressure on the company to
give us better service.
October 18, 1983
II. PUBLIC NOTICES.
301
SUPERVISOR PELL: Public Notices will be read by Councilman Murphy.
COUNCILMAN MURPHY:i.(a) Order to add to traffic regulations concern-
ing the northbound lane of Youngs Avenue--to establish a restriction
of a "Right Lane Must Turn Right" for northbound traffic on Youngs
Avenue at its intersection with Route 25. Notice from the New York
~State Department of Transportation.
1.(b) Notice from the New York State Department of Trans-
portation establishing a "One Way" restriction in a southerly
direction for the driveway of the Main Street Supermarket, Southold.
2. Notice of Complete Application of Ralph Merrill, North
Oakwood Road, Laurel, to subdivide 1.05 acres into two lots. Comments
to New York State D.E.C. by October 21, 1983. This is posted on the
Town Clerk's Bulletin Board.
3. Notice of Complete Application of J. Katherine Tuthill~
by John Geideman to dredge approximately 60 cubic yards of material
to a depth of 3 foot at mean iow water. Spoil to be deposited on
adjacent upland site behind bulkhead, 20-25 ft. south of jetty.
Project is located at the corner of Schoohouse Creek, at Cutchogue
Harbor at the end of Old Harbor Road in Cutchogue., Comments to
New York State D.E.C., Stony Brook, by October 21st. This again
is posted on the Town Clerk's Bulletin Board.
COUNCILMAN NICKLES: 4. Notice from the U. S. Army Corps of Engineers
on application of Harbor Lights Property Owners Association, the
activity is building a jetty out in Southold Bay, the purpose of
which is to help keep the inlet from closing in. Description of
the work--proposed jetty, an extension to an existing jetty that
is approximately 36 feet long, would be 3 feet wide and be con-
structed in a 75 foot long and a 25 foot long section. The applicant
indicated that the existing jetty was approximately 75 feet longer
when orfginally constructed in the 1950's but has deteriorated over
time. Located adjacent to an inlet in Southold Bay, on Shelter Island
Sound. Response time is November 4th.
5. From the Corps of Engineers on the application of Edward
Yankee, 75 Wampum Way, Southold, to construct a 3.5 foot by 22
open-pile supported timber walkway, a 3.5 foot by 13 foot ramp, and
a seasonal 5.5 foot by 24 foot floating dock secured by pipe pilings
extending approximately 55 feet offshore of the line of mean high
water. Location is Corey Creek off Little Pe6onic Bay. Response
date is November 4th.
6. From the Corps of Engineers on the application of Christ
._Stratakis by J. Geideman. Located at Southold, to construct 105
foot of timber bulkhead up to 15 ft. seaward of the existing bluff.
Construct a 45 ft. groin by removing stones from the beach and placing
them up to 32 ft. offshore. The project site is on the north side
of Sound Drive, near Sunset Lane in the Stifling area. However,
alternatives and mitigations to this project must be addressed at a
public hearing due to staff and public objections to the projectl
Response time is no later than November 4th to Daniel J. Larkin,
Building 40, SUNY, Stony Brook.
7. From the Corps of Engineers on application of John J.
Farrell, 1000 Beachwood Lane, Southold, New York. Project is in
Goose Creek, Southold at 1000 Beachwood Lane, which I believe is
in the Subdivision of Southwood. Activity is the construction of
an open pile supported pier 26 ft. by 3 ft., ramp 6 ft. by 3 ft.,
floating pier 12 ft. by 8 ft. for the purpose of providing recrea-
'~ion~l facilities for private use. Response date is November 3rd.
Moved by Supervisor Pell, seconded by Justice Edwards, it was
RESOLVED that the audited bill in the amount of $137.83 for the
Fishers Island Ferry District be and hereby is ordered paid.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
III. COMMUNICATIONS.
SUPERVISOR PELL: Memorandum from the Planning Director of Suffolk
County in regards to the reconstruction of the Jockey Creek Bridge
over Oaklawn Avenue, asking the Town for it's environmental assess-
ment concerns, if we have any. This has been in the works for quite
some time. The Town Board will go back to them and say while the
bridge is out we wish them to consider dredging to the west side of
the bridge.
302 October
2. Letter--we like to receive this kind--we don'~ get too
many of them--we get a lot of the other kind--thanking Mr. Dean
and his staff for the excellent work they did on a request for
pruning some trees that blocked the vision. Again, as I said, we
like to receive those. Mr. Dean, Superintendent of Public Works
and Highway is very responsive To the people. - Letter from Henry
S. Motschenbacher, L'Hommedieu Lane, Southold.
3. Letter from Laughing Water Property Owners Association,
Inc. regarding the surfacing of Nakomis Road, which Mr. Dean is,
responding to.
4. Letter from Attorney Irving L. Pricey Jr. regarding
a subdivision (East Marion Woods) he would like the Board to
review when they set up their review panel procedure which is
in the hands of being drafted--the application now--for anybody
who felt they had a hardship under the upzoning to two acres ....
He will be advised and sent an application, as will everybody
else who has a letter on file with us.
5. Letter from Milbank~ Tweed, Hadley & McCloy relative
to Briscoe Smith Subdivision on Fishers Island. They will also
be sent an application once it is approved by the Town Board.
6. Letter from Mrs. Dickinson, Dickinson Real Estate
Agency where the Town does lease a part of the parking lot from
her across the street from the Post Office in Southold and she
would like to discuss the lease with the Town. Mr. Dean and myself
will meet with her and see what can he worked out.
7. Notice of public hearing of the Department of Social
Services 1984 Proposed Annual Implementation Report of the ConSolida-
ted Services Plan and we will ask a couple of our people to go up
and sit in on that.
8.(a) From Father Ronald A. Richardson up on Sound Avenue,
which some people refer to as the Humpty Dumpty Road about the
beach at Horton Point. The Town did put in steps up there this
year and some of the pepple are using private property once they
go down these steps, and he gave us~ a very good suggestion of
placing signs in appropriate places down there.
8.(b) From Father Ronald A. Richardson in reference to
his views on the nuclear freeze resolution that is on the agenda__
for today.
9. From the State D.O.T., Sam Ippolito, in reference to
Route 25 and New Suffolk Road. The Town Board is working with the
people up there trying to expedite the traffic jams we hav~ up
there in the summertime. These people make studies, but I think
they make the studies--the surveys--about January 15th when nobody
is'ou~ on a snowy day. You laugh, but it's really not laughing.
'Down here on Boisseau Avenue we have a problem and we've been after
the State--John Nickles has been working with them on surveys and
they always come back the surveys don't indicate they need a change
in the lights or need a light, but they're used to, perhaps, Levittown,
and they have the roads up there. Out here we're not used to it and
we think we need help, and we will go back at them again and tell
them to make the surveys on July 4th and Labor Day weekends.
10. This is a very important communication, people. Mr.
Dean has been working with the County Health Services over a period
of time and they have agreed, if the Town agrees, for them to do
water monitoring--put in wells up around the Landfil]. It's a
four year grant and it's in Two phases. They will install a small
treatment system and look at how it would be applicable to homeowners
out here and they will monitor the landfill wells, which we must do
by law, in the condition our landfill is in. The county has come
in, with the efforts of Mr. Dean, again and I cannot praise him
enough for this, to go into a four year grant where they are going
to do it for us and save the Town considerable money and by all
means we will send them, yes, let's agree with them.
ll. From Peconic Bay Estates Property Owners Association~
Inc. in reference to the two cement pillars that are on the'entrance
to Kerwin Boulevard in Greenport. We have to find out if they are
on Town land, private land or whose land they are and need repair,
and See what it's all about.
IV. PUBLIC HEARINGS. - None
V. RESOLUTIONS.
1. Moved by Councilman Murphy, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby goes~on
record as supporting a mutual~ verifiable freeze on the testing,
production~ and deployment of nuclear weapons and their deIivery
sys~ems~ as well as a major reduction in nuclear weapons, and that
a copy of this resolution be sent To the President of the United
October 18, 1983
303
States and President of the United States Senate, and to United
States Senators Moynlhan and D'~~
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Supervisor Pell.
No: Councilman Nickles - for all the reasons I stated on September
20th, if you will be kind enough to note them in your minutes.
This resolution was declared duly ADOPTED. (See below)
(Comments of Councilman Nickles at the September 20, 1983 Regular
Meeting of the Southold Town Board: "COUNCILMAN NIC~LES: 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 a 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 involved i~ 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
~rom a Town Board to get to your congressman or your U. S. Senate.
They represent you. You are the grassroots and you sure as hell do
~ot need this Town Board to communicate for those elected officials
that have the responsibility on the ~ederal 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
members should spend their time dwelling on freezes of any nature,
unless it may be a budget freeze, which we may enact, as the Super-
visor evidentally has a surplus and wants to buy a chair for his
office. So, consequently, when this comes up for a vote next week,
I'm going to vote against it and it's immaterial whether I feel mutual
verifiable freezes are the thing or not the thing. It's just not
the forum for this type of debate and when people talk of town meet-
ings they're talking about the New England forum 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 we get involved in issues that are brought ~efore us that
take our attention away from really important things that go on in
this Town that we have an opportunity to control. We sure as hell
can't control Congress or the U. S. Senate. 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."
2. Moved by Justice Edwards, seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold hereby author-
izes and directs Supervisor William R. Poll, III to give Official
Notice to Proceed with work outlined in Addendum No. 2 of the Fishers
Island Waszewater Facilities Plan for Professional Engineering Services
~or Sewage Collection, Treatment and Disposal by Henry Souther
Engineering Inc., with an official starting date of September 19, 1983.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
3."Moved by Councilman Nickles, seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
$100~000.00 Letter of Credit issued by The North Fork Bank & Trust
Co., Mattituck, New York, as a performance bond of Harold Reese and
Fred Reese for roads and improvements in the subdivision known as
"Harbor Lights Estates, Section Four." Said amount approved by
the Town Board, and recommended by the Planning Board and Town
Engineer on June 9, 1981.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickies, Supervisor Poll.
This resolution was declared duly ADOPTED.
304 October 18, 1983
4. Moved by Councilman Townsend, seconded by Councilman Nickles, ~
WHEREAS, Lawrence Bruno, by petition dated January 18, 1983 petitioned
the Town Board of the Town of Southold for a change of zone on certain
property situated near Greenport, in the Town of Southold, from "A"
Residential and Agricultural District to "M~i" General Multiple
Residence District, and
WHEREAS, the said petition was referred to the Southold Town Planning
Board and Suffolk County Department of Planning for recommendation
and report, and
WHEREAS, the Town Board, pursuant to due notice, held a public hear-
ing thereon on the 9th day of August, 1983, at 8:15 P.M., at.which
ti~e all interested persons were given an opportunity to be'heArd,
now, therefore, be it
RESOLVED that Lawrence Bruno be and hereby is DENIED the relief
demanded in said petition.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
5. Moved by Councilman Murdock, 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, Southold, New
York on the 15th day of November, 1983~ at 3:30 P.M., at which time
and place all interested persons will be given an opportunity to be
heard upon the following matter: "A Local La~ to amend the Southold
Town Code in relation to Fees~" which reads as follows:
BE IT ENACTED by the Town Board ofthe Town of 5outhold as
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 Prevention 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.
II.
Section 69-105 of Chapter 69 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 year 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 [fi~e
dollars ($5.). Effective on an after January 1, 1983, tl~e
fee for a commercial shellfish permit shall be] fifteen
dollars ($15.). Effective on and after January 1, 1984~ the
October 18~ 1983
fee for a commercial s~l~l:f~sh 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.
V-. Section 100-124 of Chapter 100 of said Code (Zoning) is hereby
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.).] fifty
dollars ($50.).
305
Vt. Section 100-135 of Chapter 100 of said Code (Zoning) is hereby
amended to read as follows:
All applications 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 -
the Zoning Map shall be filed with the Town Clerk and shall be
accompanied by a fee of [one hundred dollars )$100.).] two
hundred dollars ($200.).
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.
6. Moved by Councilman Nickles, seconded by Supervisor Pell, it was
(a) RESOLVED that the Town Clerk be and she hereby is authorized and
directed to advertise for bids for the purchase of heating fuel
oil~for the buildings of the Town for the calendar year 1984.
Vote of the Town Board~ Ayes~ Justice Edwards, Councilman
Townsend, Councilman Murphy~ Councilman Murdock, Councilman
Nickles, Supervisor Petl.
This resolution was declared duly ADOPTED.
6. Moved by Justice Edwards~ seconded by Councilman Murphy~ it was
(b) RESOLVED that the Town Clerk be and she hereby is authorized and
directed to advertise for bids for the purchase of 10~000 gallons,
more or less as may be needed, of Diesel Fuel for the calendar
year 1984.
Vote of the Town Board: Ayes~ Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
·his resolution was declared duly ADOPTED.
506 October lS, 1983
6. Moved by Councilman Murphy, seconded by Councilman Nickles, it was
(c) RESOLVED that the Town Clerk be and she hereby is authorized and
directed to advertise for bids for the purchase of Gasoline
the Town for the calendar year 1984.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Supervisor Pell, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of the Town of Southold accepts~ with
regret, the resignation of John Plock, member of the Southold Town
Conservation Advisory Council, effective this date, October 18, 1983,
and sends the following resolution of appreciation to Mr. Plock:
"WHEREAS, John Plock, a most esteemed officer o£ the Town of Southold,
has retired from public service on October 18, 1983, and
WHEREAS, John Plock has given generously of his time and talents in
his faithful service to the Town of Southold as a member o£ the
Conservation Advisory Council from March 9, 1971 through October 18,
1983, and
WHEREAS, his record of fine service, diligence to duty and dedication
to the Town of Southold and its people deserves the sincere gratitude
o£ those with whom and for whom he worked,, now, therefore, be it
RESOLVED that the Town Board hereby expresses their most sincere
appreciation to John Plock for his unselfish and wholehearted coopera-
tion on behalf of the Town, and extend their best wishes for the years
ahead."
Vote o£ the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly-ADOPTED.
SUPERVISOR PELL: I will ask that resumes for this position to
be £illed, be submitted to the Town Clerk no later than November
1st.
8. Moved by Councilman Nickles, seconded by Councilman Murdock, it
RESOLVED that the Town Board of the Town of Southold hereby appoints
Police Officer Edward Sidor to the position of Police Sergeant, from
the Suf£olk Connty Civil Service List, effective October 19, 1983.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTEDJ
9. Moved by Councilman Townsend, seconded by Councilman Murdock, it was
RESOLVED that the Town Board o£ the Town of Southold hereby sets
Tuesday, November 1~ 1983, Southold Town Hall, Main Road, Southold,
New York, as date and place for hearings upon the following Wetland
Applications:
3:07 P.M. - in the matter of the application of The Land Use
Company~ on behalf of Ernest Wilsberg, for a permit under the pro-
visions of the Wetland Ordinance of the Town of Southold to con-
struct bulkhead and maintenance dredge in front of existing bulkhead,
boat basin and new bulkhead at Ole Jule Lane, o~ dredged canal east
'~f James Creek, Mattituck, New York.
3:10 P.M. - in the matter of the application of The Land'Use
Company, on behalf of Jerry Bady, £or a permit under the provisions
of the Wetland Ordinance of the Town of Southold to reconstruct
inkind and inplace a timber dock and timber bulkhead, and new section
of timber bulkhead, and dredged two areas adjacent to dock, at Calves
Neck Road, on Town Creek, Southold, New York.
3:12 P.M. - in the matter of the application of the Suffolk
County Department of Public Works £or a permit under the proviS±ons
of the Wetland Ordinance of the Town of Southold to remove exist-
ing bridge carrying Oaklawn Avenue over Jockey Creek, Southold) and
remove existing bulkhead and construct 50 1.f. Of bulkhead on each
side of Jockey Creek and new bridge - both in the same location as
the existing bulkhead and bridge. ~ .~
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Poll.
This resolution was declared duly ADOPTED.
10. Moved by Councilman Murdock, seconded by Councilman Townsend, it was
RESOLVED that the Town Board o£ the Town o£ Southold hereby appoints
Donald A. Dzenkowski Southold Town Bay Constable, from the Su£folk
County Civil Service List, e£fective December 1, 1983, at a salary
October 18, 1983
307
of $16,000.00 per annum, without salary step increments.
Vote of the Town Board: Ayes:,..~s,~ice Edwards, Councilman
Townsend, Councilman Murphy, ~i~ Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
11. Moved by Councilman Murphy, seconded by Supervisor Pell, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law State Environmental Quality Review and 6NYCRR Part 617, Section
617.10 and Chapter 44 of the Code of the Town of Southotd, notice is
hereby given that the Southold Town Board, as lead agency for the
action described below, has determined that the project, which is
unlisted, will not have a significant effect on the environment.
Description of Action: Application of The Land Use Company, on
behalf of Ernest Wilsberg~ for a Wetland Permit to construct bulk-
head and maintenance dredge in front of existing bulkhead, boat
basin and new bulkhead at Ole Jule Road, on dredged canal east of
James Creek, 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 lik~Zy to
occur should the project be implemented as planned.
Because there has been a response from the Board of Southold
Town Truszees 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
'Southo!d 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.
12. Moved by Justice Edwards, seconded by Councilman Nickles, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law State Environmental Quality Review and 6NYCRR Part 617, Section
617.10 and Chapter 44 of the Code of the Town of Southold, notice is
hereby given that the Southold Town Board, as lead agency for the
action described below, has determined that the project, which is
unlisted, will not have a significant effect on the environment.
Description of Action: Application for a Wetland Permit by The
Land Use Company, on behalf of Jerry Bady, for permission to re-
construct inkind and inplace a timber dock and timber bulkhead,
and new section of timber bulkhead, and dredge two areas 'adjacent
to dock, at Calves Neck Road, on Town Creek, 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 zo
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.
13. Moved by Councilman Nickles, seconded by Councilman Murdock, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law State Environmental Quality Review and 6NYCRR Part 617, Section
617.10 and Chapter 44 of the Code of the Town of Southold, notice is
hereby given that the Southotd Town Board, as lead agency for the
action described below, has determined that the project, which is
unlisted, will not have a significant effect on the environment.
Description of Action: Application of the Suffolk County Department
of Public Works for a Wetland Permit to remove existing bridge carry-
ing Oaklawn Avenue over Jockey Creek, Southold, and remove existmng
bulkhead and construct new 50 1.f. of bulkhead on each side of Jockey
Creek and new bridge - both in the same locations as the existing
bulkhead and bridge.
October 18, 198S
The project has been determined not To have a significamt
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 o£ Environmental Conservation and the
Southold Town Building Department, it is assumed that there are no
objections nor comments £rom those agencies.
Vote o£ the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman'Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
14. Moved by Councilman Murphy, seconded by Councilman Nickles, it was
RESOLVED that the application o£ the First Baptist Church of
Cutchogue, dated October 19, 1983, £or renewal of a single family
house trailer permit for trailer located at north side of Middle
Road, Cutchogue, New York, be and hereby is granted for a six (6)
month period.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
15. Moved by Councilman Murdock, seconded by Councilman Nickles,
WHEREAS, Section 64 o£ the Town Law requires the Town Board to
designate, by resolution, banks in the State in which the Super-
visor or any other officer o£ the Town shall deposit all moneys
coming into their hands by virtue of their offices, and
WHEREAS, the Town Board may require any bank, so designated to
deposit with such Board bonds or certi£icates o£ the United States,
o£ the State of New York, or any county, town, city, village or
school district of the State of New York, as security ~or such - -
funds so deposited, but such bond or certi£icates shall be subject
to the approval of the Town Board and shall be deposited in such
place and held under such conditions as the Town Board may deter-
mine, now, therefore, be it
RESOLVED that The Suffolk County National Bank, Riverhead, New York,
be and hereby is designated as a depository, ~nd $1,000,000.00
..security required, through December 31, 1983.
Vote o£ the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
16. Moved'by Councilman Nickles, seconded by Councilman Murdock,.it was
(a) RESOLVED that pursuant to Article 8 o£ the Environmental Conservation
Law State Environmental Quality Review and 6NYCRR Part 617, Section
617.10 and Chapter 44 o£ the Code of the Town o£ Southold, notice is
hereby given that the Southold Town Board, as lead agency for ~he
action described below, has determined that the project, which is
unlisted, will no~ have a significant effect on the environment.
Description o£ Action: Petition of Brecknock Associates for: a
change of zone from "A" Residential and Agricultural Distric~ v.o
"M" Light Multiple Residence District on certain property situates
at Greenport, Town o£ Southold, New York.
The project has been determined not to have a significant, ef£ect
· on the environment for the following reasons:
An environmental assessment has been submitted which indi~cated
that no significant adverse effect to the environment are likely to
occur should the project be implemented as planned.
Because there has been no response in the allotted time flrom~
the New York State Department o£ Environmental Conservation, it is
assumed that there is no objection nor comments by that agency'.
Vote o£ the Town Board: Ayes: J~stice Edwards, Councilman
Townsend, Councilman Murdock, Councilman Nidkles, Supervisor Pell.
No: Councilman Murphy.
This resolution was declared duly ADOPTED.
16. Moved by Councilman Murdock, seconded by Justice Edwards,
(b) WHEREAS, the Southold Town Planning Board and Suffolk County Depart-
ment of Planning have prepared o£ficial reports and recommendations
on the petition o£ Brecknock Associates £or a change o£ zone from_
"A" Residential and Agricultural District to "M" Light Multiple
Residence District on certain ~rQ~e~y situated at Greenport, Town
of Southold, New York, and more partlcularly bou ded and described
as follows:
BEGINNING at a point located on the southeasterly por-
tion of the premises being described herein, which point is
the northeasterly corner of land of Schofield and McIntosh,
and is the following two courses and distances from a monu-
ment located on the northerly side of North Road (State
Route 25): (1) North 11° 31' 10" West 210.00 feet; and (2)
North 19° 16' 00" West 344.00 feet; running thence from said
point of beginning along land Of Schofield and McIntosh,
South 65° 47' 10" West 213.37 feet to a point; thence
through land of Brecknock Associates the following two cour-
ses and distances: (1) South 65° 47' 10" West 330.84 feet;
and (2) South 66° 36' 40" West 765.20 feet to land of Jem
Realty Corp.; running thence along said last mentioned land
the following four courses and distances: (1) North 41° 39'
10" West 505.36 feet; (2) North 65° 07' 50" East 367.40
feet; (3) North 32~ 28' 10" West 982.87 feet; (4) North 32°
57' 20" West 410.00 feet to the ordinary high water mark of
Long Island Sound; thence along the ordinary high water mark
of Long Island Sound seven courses and distances as follows:
(1) North 44° 12' 35" East 564.01 feet; (2) North 25° 16'
36" East 398.13 feet; (3) North 58° 57' 15" East 601.09
feet; (4) North 42° 36' 45" East 169.85 feet; (5) North 57~
59' 35" East 188.68 feet; (6) North 41° 51' 15" East 322.22
feet; thence (7) North 31~ 15' 06" East 83.73 feet; thence
through land of Brecknock Associates the following nine
courses and distances: (1) South 30~ 10' 40" West 600.00
feet; (2) South 37~ 54' 10" West 465.41 feet; (3) South 65~
25' 30" West 278.65 feet; (4) North 4~ 08' 10" East 59.64
feet; (5) North 89° 02' 00" West 280.43 feet; (6) South
40 08' 10" West 380.00 feet; (7) South 85~ 51' 50" East
280.00 feet; (8) South 24° 34' 30" East 1,310.00 feet; (9)
South 10° 30' 50" East 269.45 feet to the point or place of
-__ BEGINNINGs_ C.o~taininq 34,53 acres ............... . .~
NOW, THEREFORE, BE IT RESOLVED that a public hearing will be held
by the Town Board of the Town of Southold, a5 8:00 P.M., Wednesday,
November 9, 1983, at the Southold Town Hall, Main Road, Southold,
New York, on the aforementioned petition, a~ which time and place
any person desiring to be heard on the above proposed petition
should appear at the time and place so specified, and be it further
RESOLVED that the Town Clerk be and she hereby is authorized and
directed to cause notice of said hearing to be published in the
-official newspaper pursuant to the requirements of law.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
17. Moved by Councilman Nickles, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby gran~s
permission to the Southold P.T.A. ~o use Town roads for staging and
line of march for ~heir Halloween Parade ~o be held at 4:00 P.M.,
Monday, October 31, 1983.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
18. Moved by Supervisor Pell, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby author-
izes the transfer of $20,000.00 from Year IX Community Development
Program, Housing Rehabilitation to Year IX Community Development
Program, Head Start Building Rehabilitation.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
19. Moved by Councilman Murdock, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of SOuthold hereby author-
izes the Town Clerk to advertise for bids for supplying and installing
a modular fence system for twelve (12) additional runs at the Southold
Town Dog Pound, Peconic, 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.
October 18, 1983
20. Moved by Councilman Nickles, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Ruth Oliva, President of the North Fork Environmental Council, to
--the Technical Advisory Committee (TAC) for the Airport Site Selection/
Master Plan Study being conducted by PRC Speas.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
21. Moved by Councilman Murdock, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of the Town of Southold, New York,
hereby goes on record as supporting a protest to the U.S.S.R. on
the shooting down of an unarmed civilian South Korean Air Liner
with United Stazes of America citizens and other passengers, With-
out cause, and a copy of this resolution be sent to the President
of the United States and our United States Senators Moynihan and
D'Amato and United States Consgressman Carney.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: I would like to make note thaz the first meeting
of the Airport Committee will be held on October 27th at 10:00 A.M.~
and an Information Meeting at 1:30 P.M.
22. Moved by Supervisor Pell, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of the-Town of Southold hereby grants
a further extension of four and one half (4½) months, to March !
1984~ to Nicholas Schick~ Inc. to return to the Board with .a progress
report on the renovation of the Orient Poinz Inn, pursuant to Chapzer
90, Unsafe Buildings, Code of the Town of Southold.
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: Any Councilman have anything they want to add at
this time? (No response.) If not, the floor is open t.o the public.
Who wishes to address the Board?
MR. HARPER LeCOMPTE, Southold: I'm here on behalf of the North
Fork Peace Group. I wish to commend the Board for the foresight '
and wisdom of it's members in adopting a resoluzion in support of
a mutual~ verifiable freeze on nuclear weapons and a major reduction
of such weapons. I don't plan to say very much because actions
speak louder than words and the Board's action today speaks ~hch
more eloquently than anything I can say. By their action the Board
has sent an important message to the President of the United States
'knd to the United States Senate, which will shortly vote on the
freeze resolution. Thi~ action may be perceived as not very weighty
when considered by some, but when considered in connection with
similar actions by municipalities, by governing bodies of municipal-
ities, such as this, throughout the nation, and when considered in
connection with referenda on this subject, which have been participated
in by millions of Americans, it could become a parz of a great force,
a mighty force, one that can save this country from nuclear destruction.
To paraphrase Sidney Carten, the Board's action today is a far, far
better action than any action it has taken before. It has spoken
out clearly on the most important issue facing the world today. ~-~
Perhaps the most important issue every facing the world. It has
spoken out clearly against death and for life. Thank you.
SUPERVISOR PELL: Thank you. Anybody else wish to address the Board?
Mrs. Jean Tiedke.
MRS. JEAN TIEDKE, Southold: I agree with Mr. LeCompte. I would like
to, however, say that I think that many of the actions which the Board
took today and which has been taking right along emphasize again the
mistake you made in not voting in a moratorium. I think that the
decision you're making now on planning and development in the Town
are going to be haunting us for a long long time and the Master Plan
is not ready to be presented yet. I'm upset. I'm very unhappy. I
do have one question. I did not get what the decision on Resolution
No. 4 was.
SUPERVISOR PELL: That was :he~-~e~u&~-t for a change o£ zone by
Lawrence Bruno and it was denied. Anybody else wish to address
the Board?
MR. PHIL BARTH, Southold: I also want to agree with Mr. LeComp.te
on the action that the Board took on the nuclear £reeze resolution.
I also want to say something about the Head Start Program and the
building. Listening at the Work Session, I was struck by the fact
that no one has looked at the inside of that building. It seems
to me that before we start putting money into that building that
someone ought to go inside and look at it and see realIy what has
to be done. After all, it is going to be a building that's going
to house children and there are certainly certain state requirements
that have to be met so that just going at it blindly does not seem
to me to be the wise thing to do.
SUPERVISOR PELL: I'll answer that. Head Start personnel from
Patchogue, the office that they operate, have To approve it and
have to come down and examine it to make sure it does meet alt
the State Code before it can go in.
MR. BARTH: That's before we spend any money.
SL~ERVISOR PELL: We won't spend a dime until this'is already done
and approved. We have To make application to get it approved. Our
own Town, Jim McMahon, who does handle these funds for us, has already
had people in there looking at it.
MR. BARTH: I saw a report, but he himself has not been in it yet.
SUPERVISOR PELL: But he had people there. Patchogue will send
people out before any money is spent there. We're just laying
the groundwork, if the Board will go along with it. They don't
want to send people out if we're not going to go along with it.
It is in the process, this one step of the way.
MRS. TIEDKE: Is the second floor of that building still closed of£
to the public?
SUPERVISOR PELL: The house is closed right now.
TOWN CLERK TERRY: We never had a second floor, Jean.
MRS. TIEDKE: Oh, all right. Well, the basement and the first £1oor.
SUPERVISOR PELL; Anybody else wish to address the Board? Mr. Paul
Stoutenburgh.
MR. PAUL STOUTENBURGH, Cutchogue: Yes, would you read Resolution
No. 1!, I'm not quite sure I heard the whole thing. The last part
of the resolution I'm referring to. "Soil be placed behind the
bulkhead," and there on.
TOWN CLERK TERRY: Is that a Negative Declaration? Yes. That
doesn't encompass the recommendation of your Board, Paul, until
after the hearing is held and then I always encompass those
recommendations.
MR. STOUTENBURGH: i wanted to make sure that this was brought
out so that the report does not go by.
TOWN CLERK TERRY: It will be. Attached to the Negative Declaration
is your recommendation.
COUNCILMAN NICKLES: It happens every time, that is the procedure.
MR. STOUTENBURGH: I wanted to make sure o£ it.
SUPERVISOR PELL: Anybody else wish to address the Board?
COUNCILMAN NICKLES: I can't let Jean Tiedke's remarks pass by.
As I recall the action o~ the moratorium, when it was called £or,
only related To major and minor subdivisions~ and nothing else.
I would like to point ouT, since the two acre zoning was adopted
this spring, only two major subdivisions have been £iled in the
Town, so we have stopped and we have stabilized the data base £or
October 18, 1983
RPP&W in terms of their Master Plan, and I believe one of the
subdivisions was for seven lots and one was a cluster subdivision
of 15 lots, so the action you heard today that the Board was taking
relative to nonsignificant actions delt with matters that are not
related to subdivisions and unless I'm gravely in error, the
--mortatorium resolutions only call for major and minor subdivision
application of the moratorium, not to anything else.
SUPERVISOR PELL: Anybody else wish to address the Board? (No
response.) The motion is in order to adjourn.
Moved by Supervisor Pell, seconded by Councilman Nickles, it was
RESOLVED that this Town Board meeting be adjourned at 3:45 P.M.
Vote of the Town Board: ...Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, C~uncilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
* * *
Southold Town Clerk