HomeMy WebLinkAboutTB-11/29/1983373
SOUTHOLD TOWN BOARD
November 29, 1983
WORK SESSION
Present: Supervisor William R. Pell, III, Councilman John J. Nickles,
Councilman Lawrence Murdock, Jr., Councilman Francis J. Murphy, Councilman
Joseph L. Townsend, Jr., Town Clerk Judith T. Terry, Town Attorney Robert
W. Tasker.
Absent: Justice Raymond W. Edwards
9:00 A.M. - The Board met with Andre Cybulski and William Grigonis, members
of the Farmland Committee to discuss going forward with the Farmland Pro~jram
noW that the bond has been approved by the voters. They have studied the
format being used by Southampton Town and would like to pattern the Southold
format after that and would like Town Attorney Tasker to redraw the bid
proposals, etc. to fit Southold. They feel that there will soon be a need for
a salaried employee of the Town and a part-time clerical person to help initiate
the program. They would like to place ads in the newspapers concerning the
program and begin mailings to owners of ten acres or more. Mention was made
of the proposed Select Farmland Committee and Mr. Cybulski and Mr. Grigonis
both volunteered their services. The date of January 24, 1984, 7:30 P.M. was
set for a public informational meeting on agricultural development rights in the
Town of Southold.
9:30 A.M. - Chief Winters met with the Board to discuss the theft of the Town
pick-up truck, bid for a new police dai-, and bay constable appointment.
9:45 A.M. - The Board began reviewing the agenda.
10:05 A.M. - Mrs. Katherine DeYoung, and other residents of Wendy Drive,
Laurel, Attorney Abigail Wickham, Assessor Henry Moisa and Jack Sherwood,
met-~-[~h the Board to discuss the recent sale of Wendy Drive at the Suffolk
County Auction to an individual other than a resident of the road. Mrs.
DeYoung, speaking on behalf of the other residents, advised the Board that
all of the property owners on Wendy Drive, in the purchase of their lots,
acquired ownership to the center line of the road. In researching this with
the Assessors it was discovered that the road was assessed to the original
developer, rather than the abutting owner; and such assessment was erroneous.
Mrs. DeYoung asked the Town Board to urge the Suffolk County Department of
Real Estate to reject the bid of the successful bidder and cancel the tax sale
to the ,County and the deed to the County of Wendy Drive. .This is urgent
matter, as the tax sale took place on November 17th and the County only has
30 days from that date to reject the bid. The Town Board agreed to place
a resolution (no. 19) on the agenda to the County~l~al Estate Department.
I0:30 A.M. - Mr. Geor~te Kendall met with the Board to request they close Route
25 from Laurel to Greenport for one day a year for bicycle use. It was suggested
Mr. K~ndall meet with the Chambers of Commerce to see if they would be agreeable
to such a plan. He was also advised he should see if the N.Y.S. Department of
Transportation would permit Route 25 to be closed for a full day. Councilman
Townsend suggested that another alternative to be studied would be a "self
propulsion day" in the form of a parade, starting in Laurel and moving forward
to Greenport. Under this suggestion Route 25 would only be closed for a limited
amount of time in specific areas. Mr. Kendall will research the proposal further.
10:45 A.M. - The Board resumed reviewing the agenda.
10:50 A.M. - Mr. George Stankevich, owner of a parcel of property at the rear
of the-!Town Hall spoke to the Board about vehicles being parked on his law,
and waUld like the situation resolved.
10:51 A.M. - The Board resumed reviewing the agenda.
11:15 A.M. - Executive Administrator Lessard met with the Board to discuss
his proposal to construct an addition to the Building Department Office in the
northwest corner of the east wing lobby of the Town Hall. He presented a
proposed plan and estimate of costs, which included installation of new carpeting
in the Building Department Office and new addition. The Board placed a
resolution (no. 21) on the agenda approving the proposal.
11:25 A.M. - Discussion of off-agenda items.
EXECUTIVE SESSION
12 Noon - The Board discussed CSEA negotiations, personnel problems, and
pendin9 decision on the Brecknock Associates change of zone petition, which
might result in litigation.
12:35 P.M. Recess for lunch.
REGULAR MEETING
A Regular Meetin9 of the Southold Town Board was held at 3:00
Tuesday, November 29, 1983, at the SouthoJd Town Hall w Main Road, Southold~
New York. Supervisor Pell opened the meeting with the Pledge of Allegiance
to the Flag.
Present:
Supervisor William R. Pell, I11
Councilman John J. Nickles
r Councilman Lawrence Murdock, Jr.
Councilman Francis J. Murphy
Councilman Joseph L. Townsend, Jr.
Town Clerk Judith T; Terry
Town Attorney Robert W. Tasker
Absent: Justice Raymond_.W. Edwards
MOved by Councilman Nickles, seconded by Councilman Murdock, it was
RESOLVED that_the minutes of the. November 15, 1983 Regular Meeting of
the $outhold Town Board be and hereby approved.
Vote of the Town Board: Ayes: Councilman Townsend, Councilman
Murphy, Councilman Murdock, Co~nc:ilman~-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, Decembers. 13, 1983, at the Southold Town
Hall, Main Road, Southold, New York.
Vote of the Town Board: Ayes: Councilman Townsend, Councilman
Murphy, Coun¢ilman-Murdo~ck, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
I. REPORTS.
SUPERVISOR PELL: The only report we have to be placed on file in the
Town Clerk's Office today is the Long Island Cablevision monthly report
for the month of October 1983. The Councilmen will make their own report.
Councilman Townsend.
COUNCILMAN TOWNSEND: I have nothing to report at this time, Bill.
SUPERVISOR PELL: Councilman Murdock.
COUNCILMAN MURDOCK: In light of one of today's discussions, while 1
was in Florida i was interested to see condominium projects, i'd been going
back and forth to an area called Madera Beach, and condominiums are now a
dreg on the market. They can't sell,them. They've got untold amounts on
the west coast under construction that nobody is buying, so maybe there's
hope for the salvation of the North Fork, nobody will want to buy the condo~
miniums before everybody starts to build them. That's all, Bill.
SUPERVISOR PELL: Councilman Nickles.
COUNCILMAN NICKLES: Kenneys Beach--what God gave to Kenneys Beach,
last winter with all the easterly storms, He took away in twenty-four hours
and a little more in one good northwesterly storm, and when the Town Board
members that are at the D.E.C. tomorrow, they'll speak to them about giving
us some emergency powers to .go in there and protect what's remaining.
SUPERVISOR PELL: Councilman Murphy.
November 29, 1983
COUNCILMAN MURPHY: We're making 9o~d ~bgress down at the Landfill.
A lot of the equipment has been delivered and the building is welt on its
way, so hopefully we could be operating somewhere around the first of the
year. That's it, William.
SUPERVISOR PELL: Thank you. The Town Board will be at a D.E.C. compliance
hearing tomorrow at 10:00 A.M. in Stony Brook. On December 6th I will be with
Supervisor Lang in Albany discussin9 the Cablevision franchise for the East End
towns and villages. Other than that everything is quiet and peaceful.
II. PUBLIC NOTICES.
COUNCILMAN MURPHY: 1. Corps of Army Engineers public notice on the
application of Maurice Je'So, P.O. Box 42, Cedar Grove, New Jersey, to
construct a groin in Peconic Bay, Peconic Bay Boulevard, Laurel. All comments
regarding this permit must be prepared in writing and mailed before December
12, 1983 to the Corps of Engineers. The whole application and notice is posted
on the Town Clerk's Bulletin Board.
2. N.Y.S.-D.E.C. Notice of Complete Application of Joseph Duggan, 1051
Van Buren Avenue, Franklin Square, New York, Tidal Wetlands, Protection of
Waters, Water Quality permit. The project is located along Dawn Lagoon on Snug
Harbor Road in East Marion. Comments to New York State D.E.C., Dan Larkin,
by December 2, 1983. Again this is posted on the Town Clerk's Bulletin Board.
3. N.Y.S.-D.E.C. Notice of Complete Application of Pirates Cove Marine
Inc. on Fishers Island, for a Tidal Wetlands, Protection of Waters, Water Quality
permit, to remove existing marine railway, construct 30 ft. of rock bulkhead,
and backfill with clean fill trucked in from an upland source. Transplanting
of tidal wetlands vegetation from railway site to mudflat by the town launching
ramp. will be required prior to commencement of project. Project site is on Inner
Bay of West Harbor, Fishers Island, New York. Comments to New York State
D.E.C. by December 2nd, 1983.
4. New York State D.O.T. Notice of Order to add a 40 MP.H speed zon~
on BOisseau Avenue, a Town highway between Route 25 and Middle Road, CR48,
a distance of 0o8 miles in the unincorporated community of Southold. This action
establishes a 40 mile speed limit along Boisseau Avenue. This is posted on the
Town Clerk's Bulletin Board also.
5. N.Y.S.-D.E.C. Notice of Complete Application of Joan Harris, 1853
Lenox Avenue, East Meadow. for a Tidal Wetlands permit for the construction
of a 50 ft. timber bulkhead at high water. The project is located approximately
100 ft. south of the intersection of Manhasset Avenue and Champlin Place in the
Village of Greenport. Comments to the New York State D.E.C. by December 16,
1983. Again, this is posted on the Town Clerk's Bulletin Board.
III. COMMUNICATIONS.
SUPERVISOR PELL: We have six of them today that are on the agenda.
1. Letter from the N.Y.S.-D.O.T. in regard to what Frank said
before, Boisseau Avenue speed limit reduction.
2. Letter (from Harry J. Baglivi) regarding Small Claims Court action
held by one of our judges here in Town Hall. He requested that it be put
on the agenda for today, and it was.
3. Letter from Assemblyman Joseph Sawicki, Jr. in reference to the
handling of the new format that might be adopted by the State on Community
Development Block Grants. it was sent for our input and our thought on it.
4. Letter from the N.Y.S.-D.O.T. on a two part seminar that is going
to be held in Hauppauge in regards to "Parkin9 Signs", and suggest that
our P.D. send somebody up to sit in on it.
5. Letter from Long Island Cablevision in reference to the proposed
contract they have presented to all of the seven municipalities in the five
East End Towns here that they service. This is being reviewed by Albany
Commission and we will be d~scussing that on December 6th when I go up.
6. Letter from Southwold, England, where Southold original settlers
gets its name and comes from. We gave them a little Plaque of Southold
ToWn's Seal, something like this we have in front of us, for the gentleman
to take back. We gave them a copy of Liber D, we gave them a Southold
Town Road Map, a County Book with the ten towns, and Southwold, England
is in the County of Suffolk in England and the gentleman was very pleased
and he wrote a thank-you note for all we did while he was here. As I said
before, they are having an anniversary there in July of 1984 and the Town
has been invited.
7. Letter from the Southold Soccer Club thanking the Town Board for
keeping money in the 1984 Budget for their consideration and their use.
IV. PUBLIC HEARINGS.
SUPERVISOR PELI~: We have three hearings scheduled to begin at 3:30 P.M.
~ Novembe~ 29, 1~83
e
V. RESOLUTIONS.
Moved by Councilman Murphy, seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold hereby declares
itself lead agency in regard to the State Environmental Quality Review Act
in the matter of the petition of Thomas R. Mercier, M.D. and Barbara Do
Mercier for a Change of Zone from "A" Residential and Agricultural District
to "B-I" Light Business District on certain property locasted on the westerly
side of Love Lane, Mattituck, New York.
Vote of the Town Board: Ayes: Councilman Townsend, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Councilman Nickles, seconded by Councilman Townsend.
WHEREAS, a petition was received from Thomas R. Mercier, M.D. and
Barbara D. Mercier for a Change of Zone on certain property at Mattituck,
New York, from "A" Residential and Agricultural District to "B-I" Light
Business District, now, therefore, be it
RESOLVED that the Town Clerk of the Town of Southold be and she hereby
is directed to transmit this petition to the Southold Town Planning Board
in accordance with Article XV, Section 100-150(B) of the Code of the Town
of Southold.
Vote of the Town Board: Ayes: CoLincilman Townsend, i~ouncJlman
Murphy, Councilman Murdock, Councilman Nickies, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Councilman Townsend, seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts,
with regret, the resignation of Adrienne Johnson, as a Van Driver for the
Southold Town Nutrition Program, effective November 10, 1983.
Vote of the Town Board: Ayes: Councilman Townsend, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Councilman Murdock, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Carolyn Smith as a Van Driver for the Southold Town Nutrition Program,
at a salary of $3.35 per hour, for a 20 hour week, effective November 11,
Vote of the Town Board: Ayes: Councilman Townsend, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Councilman Murphy, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby ratifies
and confirms the filin9 of an application with the New York State Executive
Department, Division for Youth, for project funding for the Juvenile Aide
Bureau, for project year January 1, 1984 through December 31, 1984.
Vote ~-f the Town Board: Ayes: Councilman Townsend, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Councilman Nickles, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
Letter of Credit, established by The North Fork Bank & Trust Co., in'{he
amount of $375,000.00, to expire on November 18, 1986, as a bond for roads
and improvements in the subdivision known as Highpoint-at East Marion,
Section !.
Vote of the Town Board: Ayes: Councilman Townsend, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: Number 7 .(objection to enactment of U.S. Senate and
House bills "To Amend the Communications Act of 1934 to Provide a National
Policy Regarding Cable Television") we are going to get more information on
this before we act. It will probably be on the agenda next time.
Number 8, Brecknock Associates -( decision on the petition for a Change
1983.
of Zone), we discussed this today and a Scenic Easement came up that is
involved in this and this is the first time the Scenic Easement was discussed
and we're trying to get ahold of the Attorney Richard Lark who handles this
for the owners and he might be in here before the day is up so at thiS' time:~'
we are going to wait on it.
10.
11.
12.
13.
14.
[a)
14.
November 29, 1983
Moved by Councilman Murdock, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of SoUthold hereby sets 8:00 P.M.,
Tuesday, December 13, 1983, Southold Town Hall, Main Road, Southold, New
York, as time and place for a public hearing on the following proposed amendment
to the Year IX Community Development Pro,ram:
Current New
Budget Increase Decrease Budget
$8,635.00 -0- $8,000.00 $ 635.00
Activity
Contingencies FY9
North Fork Animal
Welfare League -
Building Addition FY9
Vote of the Town Board:
-0- $8,000.00 -0- $8,000.00
Ayes: Councilman Townsend, Councilman
Murphy, CounCilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Councilman Nickles, seconded by Councilman Murphy,
WHEREAS, a petition was received from Robert C. Norkus and Aldona Norkus
requesting relief from the Bulk requirements of the Zoning Code with reference
to certain real property situate off Orchard Lane, approximately 450 feet easterly
from Cedar Beach Road, at Bayview, Southold, New York, now, therefore, be it
RESOLVED that the Town Clerk of the Town of Southold be and she hereby is
directed to transmit this petition to the Southold Town Planning Board and Suffolk
County: Department of Planning in accordance with Section 100-31A(5) of the Code
of the Town of Southold.
Vote of the Town Board: Ayes: Councilman Townsend, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Peil.
This resolution was declared duly ADOPTED.
Moved by Councilman Townsend, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of the Town of Southold hereby declares
itself lead agency in regard to the State Environmental Quality Review Act
in the matter of the petition of Robert G. Norkus and Aldona Norkus for
relief from' the Bulk requirements of the Zoning Code with reference to
certain real property situate off Orchard Lane, approximately 450 feet easterly
from Cedar Beach Road, Southold, New York.
Vote of the Town Board: Ayes:' Councilman Townsend, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Councilman Murphy, seconded by Councilman Murdock, 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 Russell B. Case for a Wetland Permit on certain prop, erty
located on the easterly side of Case's Lane Extension, Cutchogue, New York.
Vote of the Town Board: Ayes: Councilman Townsend, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Councilman Townsend, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds
their Resolution No. 10 adopted at a regular meeting held on October 18,
1983, which reads as follows: "RESOLVED that the Town Board of the
Town of Southold hereby appoints Donald A. Dzenkowski Southold Town Bay
Constable, from the Suffolk County Civil Service List, effective December 1,
1983, at a salary of $16,000.00 per annum, without salary step increments."
Vote of the Town Board: Ayes: Councilman Townsend, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Councilman Murdock, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby creates
the position of Senior Bay Constable for the Town of Southold, and sets
$16,000.00 per annum as the salary for said position.
-Vote of the Town Board: Ayes: Councilman Townsend, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Councilman Murdock, seconded by Supervisor Pell, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Donald A. Dzenkowski, provisionally, as Southold Town Senior Bay Constable,
effective-December 1, 1983, at a salary of $16,000o00 per annum, without salary
step increments.
Vote of the Town Board: Ayes: Councilman Townsend, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
378 ~ovember 29, 1983
16.
17.
18.
19.
20.
SUPERVISOR PELL: Number 15 we are going to wait on ~(accept bid for
one new 1984 sedan for the Police Department)~ we have to go over that
with the Chief. The Chief was away last week and just got back yesterday,
and i want to review it with him along with his budget.
Moved by Councilman Townsend, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Georgia Rudder a temporary part-time Clerk in the Office of the Receiver
of Taxes, to work in the absence of one of the four appointed part-time
Clerks, effective immediately, at a salary of $26.00 per dayt and be it
further
RESOLVED that Mrs. Rudder may be assigned to other offices in the
Southold Town Hall at the discretion of the Supervisor~ on a temporary basis.
Vote of the Town Board: Ayes: Councilman Townsend, Councilman
Murphy, Councilman Murdockr Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Councilman Murdock, seconded by Councilman Townsend, it was
RESOLVED that pursuant to the provisions of Sectgion 284 of the Highway
Law, the Town Board of the Town of Southold agrees that moneys levied
and collected for the repair and improvements of highways, and received
from the state for the repair and improvements of highways shall be expended
as follows: General Repairs. The sum of $1,086,800'.00 ~ay be expended for'
general repairs upon 183.62 miles of town highways, including sluices, culver~ts
and bridges having a span of less than five feet and boardwalks or the renewals
thereof. No moneys set aside for such improvements shall be expended,
nor shall any work be undertaken on such improvements, until the CounTy
Superintendent approves the plans, specifications and estimates for such
construction.
Vote of the Town Board: Ayes: Councilman Townsend, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Councilman Nickles, seconded by Councilman Murphy, it was
RESOLVED that Supervisor William R. Pell, Ill be and he hereby is
authorized to travel to Albany on December 6, 1983 to meet with the
New York State Commission on Cable Television, ahd the expenses incurred
for travel and meals shall be a legal charge against the Town of Southold.
Vote of the Town Board: Ay,es: Councilman Townsend, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Councilman Townsend, seconded by Supervisor Pell,
WHEREAS, the Town Board of the Town of' Southold has been advised that
the County of Suffolk held an auction to sell real property acquired by the
County of Suffolk by tax deeds, and
WHEREAS, a private road in the Town of Southold, known as Wendy Drive,
was acquired by the County of Suffolk by a tax deed and sold at the County~
auction held on November 17, 1983, and
WHEREAS, the property owners abutting Wendy Drive advised the Town Board
that they have, in the purchase of lots abutting said road, acquired ownership
to the center line of Wendy Drive, and
WHEREAS, the Board of Assessors of the Town of Southold has advised this
Board that their examination of the tax records has indicated that Wendy Drive
has been assessed to the original developer thereof, rather than the abutting
owners, and such assessment was erroneous and therefore the sale of said road
for unpaid taxes was likewise defective, now, therefore, be it
RESOLVED that the Supervisor of the Town be and he hereby is authorized'
and directed to request that the Suffolk County Department of Real Estate
to reject the bid of the successful bidder of Wendy Drive and that thereafter
proceedings be taken to cancel said tax sale to the County and the deed to
the County of Wendy Drive.
Vote of the Town Board: Ayes: Councilman Townsend, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
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. Pelf, I11 to request the Suffolk County
Department of Civil Service to provide the Town with the current Clerk-Typist~
List, at a starting salary of $7,000. 00, and the current Clerk-Stenographer
List, at a starting salary of $7,500.00. ~
Vote of the Town Board: Ayes: Councilman Townsend r Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
November 29, 1983
21.
Moved by Councilman Murdock, seconded by Supervisor Pell, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the construction of an addition to the Office of the Building Department;
said :addition to be located in the northwest corner of the east wing lobby
of the Southold Town Hall; and install new carpeting in the Office of the
Building Department, including the new addition; the entire project not to
exceed $2,000.00.
Vote of the Town Board: Ayes: Councilman Townsend, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
22. Moved ,by Councilman Nickles, seconded by Supervisor Pell, .
WHEREA~, a petition was received from Arthur P. Simon requesting relief
from the Bulk requirements of the Zoninq Code with reference to certain
real property located on the north side of Middle Road (C.R.48), Peconic,
Town of Southold, New York, now, therefore, be it
RESOLVED that the Town Clerk of the Town of Southold be and she hereby
is directed to transmit this petition to the Southold Town Planning Board and
Suffolk County Department of Planning in accordance with Section I00-31A(5)
of the Code of the Town of Southold.
Vote of the Town Board: Ayes: Councilman Townsend, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
23.
Moved by Supervisor Pell, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby declares
itself lead agency in regard to the State Environmental Quality Review Act
in the matter of the petition of Arthur P. Simon for relief from the Bulk
requirements of the Zoning Code with reference to certain real property
located on the north side of Midde Road (C.R.48), Peconic, Town of Southold,
New York.
Vote of the Town Board: Ayes: Councilman Townsend, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
24.
Moved by Supervisor Pell, seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts,
with regret, the resignation Of Susan E. Long, Clerk-Stenographer in the
Office of the Planning Board, effective December 15, 1983.
Vote of the Town Board: Ayes: Councilman Townsend, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: Any Councilman have anything he would like to add at
this time?
COUNCILMAN MURDOCK: There will be a meeting of the Landfill Committee
at Highway Superintendent Dean's Office at 8:00 A.M. on Friday, December 2nd.
SUPERVISOR PELL: Good. Anybody else have anything they want to add?
Any Councilman? If not, who wishes to address the Board?
MR. SAMUEL MARKEL, Southold, New York: My first question to the Board
is, I 'would like to know if there has been any action or disposition on the
Lockman suit against the Town, County and State? It was due and brought
up about two weeks ago.
SUPERVISOR PELL: I have not been made aware of any decision as of this
time.
MR. MARKEL: Do you know, Mr. Tasker?
TOWN ATTORNEY TASKER: No.
MR. MARKEL: Okay. You know we had a disaster down at Kenneys Beach.
If you don't know it, why you should know it. You should be aware of it.
SUPERVISOR PELL: i think most of us were up there.
MR. MARKEL: That's good. Not only have we had a disaster on the beach,
but .several of the residents, in fact all of us, have been affected from Kenneys
Beach west to Grasecks. The bulkhead that Doc Samuels put in about I should
say ten or twelve years ago, at a very large cost at that time, is gone just
about in the center for about 50 feet. At the Leister property, if you're
familiar with it, have you seen that? Did you bother to go down that far?
SUPERVISOR PELL: No.
380 November 29, 1983
MR. MARKEL: The estimated cost on the repair of that will be in excess of
$25,000, to repair that jetty and bring in the amount of fill. My house is
inundated half way under the living room. Brown-Sacco's house has the same
situation. The retaining wall went down and as a result we were washed out.
I have an emergency crew down there this morning just bracing to hold the
house from going any further. I am positive that we are going to have a
Class Action suit against the Town no matter what the disposition of the
Lockman suit is. I think the Town should consider taking some immediate
steps to rectify the main cause of all our problems. You have continued
to throw money into the Sound by filling the beach, dressing the beach,
putting up guardrails, steps, fill for the past ten years. I don't know how'
much that's cost the Town, but it's cost an awful lot if you add it all together.
Now you have no beach there whatsoever. Not only don't you have no beach
whatsoever, but directly to the west of the beach there is a washout goi,ng,
into the empty lot that formerly was owned by Joseph Uzman. Ithink. a man
by the name of Quinn now owns it, i'm not positive of that fact. But if that
continues to wash there, we'll have an island and that will go back to the road.
Because it's all soft sand right in there. Nothing to stop it from going back
to the road. You can have all the experts you want and I'm telling you a
fact. The Town will own waterfront property with a nice outhouse on it
across the street and that's the situation. I urge you all to consider taking
the necessary steps to correct the situation which was caused by the politicians
of the County and our Town some seventeen years ago. Thank you.
SUPERVISOR PELL: Thank you, Sam. Does anybody else wish to address the
Town Board? If not, the hour is 3:30 and I'm going to ask for a recess off
the Town Board meeting for the length of time it takes to conduct the three
hearings.
Moved by Supervisor Pell, seconded by Councilman Murdock, it was
RESOLVED that a recess be called at this time, 3:30 P.M., for the purpose
of holding tPrree p~hearings: 3:30 P.M. - Wetland application of The Land
Use Company, on behalf of peter Micciche. 3:32 P.M. - Wetland application of
Frederick Falconer. 3:35 P.M. - proposed Local Law entitled, "A Local Law to
amend the Flood Damage Prevention Law in relation to flood proofing residential
basements; reference to FIRM; and definitions of terms."
Vote of the Town Board: Ayes: Councilman Townsend, Coun~il'man
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Meeting reconvened at 3:40 P.M.
SUPERVISOR PELL: I will ask the Board if they are ready to take action on
the public hearings they held a few minutes ago? If they are ready to take
action, a resolution would be in order.
25.
26.
Moved by Councilman Murphy, seconded by Councilman Murdock,
WHEREAS, The Land Use Company, on behalf of Peter Micciche, applied to
)he Southold Town Board for a permit under the provisions of the Wetland
rdinance of the Town of Southold, application dated September 8, 1983, and
WHEREAS, said application was referred to the Southold Town Trustees and
Southold Town Conservation Advisory Council for their findings and recommenda-
tions, and
WHEREAS, a public I~earing was held by the Town Board with respect to said
application on the 29th day of November, 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 Peter Micciche, be
9ranted permission under the provisions of the Wetland Ordinance of the
Town of Southold to reconstruct and enlarge existing boat ramp and reconstruct
existing bulkhead, at private road off Bayview Road, on dredged canal off
Corey Creek, Southold, New York, PROVIDED the new construction is placed
in line with the existing structure. This permit shall expire on November 29,
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: Councilman Townsend, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Councilman Townsend, seconded by Councilman Murdock,
WHEREAS, Frederick Falconer applied to the Southo_ld Town Board' for a permit
under the provisions of the Wetaldn Ordinance'of the Town of Southold,~-
tion dated October 3, 1983, and
WHEREAS, said application was referred to the Southold Town Trustees and
Southold Town Conservation Advisory Council for their findings and recommenda-
tions, and
WHEREAS, a public hearing was held by the Town Board with respect to said
application on the 29th day of November, 1983, at which time all interested
persons were given an opportunity to be heard, now, therefore, be it
27.
November 29~ 1983
RESOLVED that Frederick Falconer be gr~n~ed~ permission under the l~rovisions
of the Wetland Ordinance of the ToWr~ '~'~(;ui~i~ld to maintenance dredge on
the north side of Fleetwood Road, at East Creek, Cutchogue, New York. This
permit shall expire on November 29, 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: Councilman Townsend, Councilman
Murphy, Councilman-Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Councilman Murdock, seconded by Councilman Nickles,
WHEREAS, a proposed Local Law No. 14 - 1983 was introduced at a meeting
of this Board held on the 9th day of November, 1983, and
WHEREAS, a public hearing was held thereon by this Board on the 29th day
of November, 1983, at which time all interested persons were given an
opportunity to be heard thereon, now, therefore, be it
RESOLVED that Local Law No. 14 - 1983 be enacted as follows:
LOCAL LAW NO. 14 , 1983
A Local Law to amend the Flood Damage Prevention
Law in relation to floodproofing residential basements;
reference to FIRM; and definitions of terms.
381
BE IT ENACTED by the Town Board of the Town of Southold as
follows:
The Flood Damage Prevention Law of the Town of Southold (Chapter 46
of the Southold Town Code) is amended as follows:
II.
III.
Section 46-5 thereof (Definitions) is amended by adding thereto the
following:
BASEMENT- The term "Basement" includes both "Basement" and
"Cellar" as defined in the New York SLate Building Construction Code.
The definition of "Breakaway Walls", contained in Section 46-5 thereof
is hereby amended to read as follows:
BREAKAWAY WALLS- Means open lattice construction (at least 50%
open), or insect screening provided no additional supports are
required for screening. Such walls must be designed and installed to
collapse under stress without jeopardizing the structural suoport of
the building.
Section 46-5 thereof (Definitions) is amended by adding thereto the
following:
LOWEST FLOOR- The lowest level including basement, crawl space or
garage of the lowest enclosed area.
IV. Section 46-7 thereof is hereby amended to read as follows:
Section 46-7 - Basis for establishing areas of special flood hazard.
The area of special flood hazard identified by the Federal Insurance
Administration in a report entitled "Flood Insurance Study, Wave
Height Analysis, Town of Southold, New York" prepared by Dewberry
and Davis, and approved December 15, 1982, and delineated on the
Flood Insurance Rate Map (FIRM), dated June 15, 1983, together with
any revisions and/or amendments thereto, are hereby adopted by
reference and declared to be a part of this Chapter, said study and
map are on file in the Town Clerk's Office.
V. Subdivision A of Section 46-18 is hereby amended to read as follows:
A. Residential Construction
(1)
(2)
New construction and substantial improvement to any
residential structure shall have the lowest floor, including
basement, elevated to or above the base flood elevation.
Notwithstanding the foregoing provisions of subsection (1),
floodproofed basements may not be constructed within the
floodway or in coastal high hazard areas (V Zones), but may
be built outside the floodway provided that the following
provisions shall be complied with, to wit:
382
November 29, 1983
Federal Emergency Management Agency approved
floodproofing methods are used to protect all homes
which have basements below the base flood elevation.
(b) The basement floor be not more than four (4~) !feet
below the base flood elevation.
(c)
(d)
The lowest habitable floor shall not be less than four
(4') feet above the base flood elevation.
The lowest part of the basement exterior opemngs,
such as doors and windows, must be placed at least tWo
(2') feet above the base flood evevation.
(e) The basement area, together with attendan~'uiilikies and
sanitary facilities below the base flood elevation, Shall
be designed so that the structure is watertight with
walls that are impermeable to the passage of water~
without human intervention. Basement walls shall be
built with the capacity to resist hydrostatic and
hydrodynamic loads and the effects of buoyancy
resulting from flood depths of two (2') feet above the
100 year frequency flood and shall be designed so that
minimal structural damage will occur in this design is
exceeded.
(f) The land around the entire foundation shall be filled to
a height of not less than one (1') .foot above the base
flood elevation and sloped away from the foundation at a
minimum of one in ten for a distance of twenty (20')
feet.
(g)
Basements constrbcted in accordance with the provisions
of this subsection (2) shall not be used for sleeping
purposes.
A registered professional engineer or architect shall
certify that the standards set forth in this subsection
(2) are satisfied.
VI. This Local Law shall take effect immediately.
Vote of the Town Board: Ayes: Councilman Townsend, CouncHmar~
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: If there is no other business to come before this Town
Board, I will recess this meeting. I have a couple of telephone calls I wan~t
to return and discuss with the Board, and I hope that Attorney Lark Will
show up to discuss a matter with the Board before we adjourn.
Moved by Supervisor Pell, seconded by Councilman Nickles, it was
RESOLVED that a recess be called at this time, 3:40 P.M.
Vote of the Town Board: Ayes: Councilman Townsend, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
EXECUTIVE SESSION
3:55 P.M. - The Board met with Richard Lark, Attorney for Brecknock:
Associates, to discuss the legal status and disposition of the existing
Scenic Easement of Gus Schad, and the replacement of same with the
Brecknock Associates proposed Amended Grant of Scenic Easement and
the potential litigation involved. Discussion was also held relative to the
proposed public hearing on the proposed Grant of Scenic Easement, and
the procedures for same.
Meeting reconvened at 4:15 P.M.
SUPERVISOR PELL: I'd like to reconvene the meeting of-the Southold Town
Board that was in recess. We did discuss with Attorney Lark the Brecknock
Associates zone change and easement change, the legalities of it. After
discussion with Town Counsel and Mr. Lark wit. h the Town Board, I'd like
to offer the following: a public hearing be held on the Scenic Easement
involved in the Brecknock Associates zone change, to be held Tuesday,
December 20, 1983, 7:30 P.M.
November 29, 1983
383
Moved by Supervisor Pell, seconded by ~COun~ilman Nickles, it was
RESOLVED that the Town Board of the Town of $outhold hereby sets 7:30 P.M.,
Tuesday, December 20, 1983, Southold Town Hall, Main Road, Southold, New York,
as time and place ~r a public hearing in the matter of modification of the Grant
of Scenic Easement by Gus Schad to the Town of Southold, d~ed July 15, 1971
and recorded in the Suffolk County Clerk's Of~ce on December 13, 1971 in Liber
7066, page 386, which is to be terminated and cancelled by the proposed Amended
Grant of Scenic Easement between Brecknock Associates and the Town of Southold
on all those ce~ain plots, pieces and parcels of land, situate, lying and being
near Greenport, Town of Southold, Suffolk County, New York, and more pa~icularly
bounded and described as ~llows:
BEGINNING at a point located on the southeasterly
portion 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 dis-
tances from a monument 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 fe~t to a point; then.ce through land of
Brecknock Associates the following two courses 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 three 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 290.00
feet; running thence through land of Brecknock
Associates the following six courses and distances:
(1) North 57~ 16' 01" East 652.01 feet; (2) North 2~
50' 30" East 411.75 feet; (3) North 82° 04' 52" East
267.15 feet;' (4) South 10° 34' 40" East 472.04 feet;
(5) North 88° 32' 59" East 360.75 feet; (6) South 23°
51' 43" East 1,123.11 feet to the northerly side of
North Road (State Route 25); running thence along the
northerly side of North Road South 66° 01' 20" West
252.76 feet to land of Schofield and McIntosh; running
thence along said last mentioned land the following two
courses and distances: (1) North 11° 31' 10" West
210.00 feet; thence (2) North 19° 16' 00" West 344.00
feet to the point or place of BEGINNING. Containing
31.8212 acres.
PARCEL ii:
BEGINNING at a point located at the northwesterly
corner of the premises being described herein, which
point is distant the following seven courses and
distance~ from the point on the northerly side of
North Road (State Route 25) where the southeasterly
corner of land of Jem Real~y CorD. joins the south-
westerly corner of land of Brecknock Associates¥- (1)
North 41" 39' 10" West 1,084.54 feet; (2) North 65~
~7' 50" East 367.40 feet; (3) North 32~ 28' 10" West
982.87 feet; (4) North 32° 57' 20" West 410.00 feet;
(5) North 44~ 12' 35~' East 564.01 feet; (6) North 25~
16' 36" East 398.13 feet; (7) North 58° 57' 15" East
471.09 feet; running thence from said point of
beginning along the ordinary high water mark of Long
Island Sound the following two courses and distances:
(1) North 58~ 57' 15" East 130.00 feet; thence (2)
North 42" 36' 45" East 169.85 feet to land of
Brecknock Associates; running thence through said last
mentioned land the following eight courses and
distances: (1) South 29° 32' 27" East 250.54 feet;
(2) South 3~ 43' 35" West 234.96 feet; (3) South 35°
57' 18" East 163.60 feet; (4) South 3° 13' 04" West-3-
277.09 feet; (5) South 57° 49' 51" West 255.05 feet;
(6) North 31~ 02' 45" West 300.00 feet; (7) North 5°
13' 27" East 382.02 feet; thence (8) North 38° 52' 02"
West 183.71 feet to the point or place of BEGINNING.
Containing 6.1046 acres.
Vote of the Town Board: Ayes: Councilman Townsend, Counc|lman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELI_: Any other business to come before the Town Board?
If not, the motion to adjourn is in order.
384 November 29~ 1983
MRS. RUTH OLIVA, Presidentr North Fork Environmental Council: Now would
you explain it?
COUNCILMAN TOWNSEND: I think that what we're trying to clarify in
Executive Session was procedure by which the various resolutions could
be put on there.
COUNCILMAN MURPHY: Bob, why don't you explain it.
TOWN ATTORNEY TASKER: Well, the property in question presently has_ian
approved Scenic Easement which basically is a Swath of land running north
and south along the east boundary of this property. Under the new proposed
change of zone, which is going to add multiple district land to the existing
multiple, it will embrace the same area that was in the Scenic Easement that
exists today, so the Scenic Easement is going to be relocated and go sort of
in a westerly direction through the center of the property, south of the
multiple district, and it's going to be twice the area, of the previous one.
Those have to be subject to a hearing for~Scenic Easement Grant, so this
is what the resolution is, is to call the hearing to change and modilfy the
existing Scenic Easement to cover a different area, a larger area.
MRS. OLIVA: Thank you.
MR. FRANK BEAR, Southold: When you say it is going to be, you mean that
is what the proposal is.
TOWN ATTORNEY TASKER: That's what their proposal is, yes. That's
what the subject matter of hearing is.
SUPERVISOR PELL: Mrs. Bachrach?
MRS. SHIRLEY BACHRACH, Southold: I'd like to ask why it was necessary
to have an Executive Session to discuss this. Why cou'ldn't we be present
to hear it?
TOWN ATTORNEY TASKER: We were basically discussing the legal ramifications,
the legal question. I believe the Town has the authority to go into Executive
Session to discuss a legal question which may entail litigation.
MRS. BACHRACH: What litigation would be involved with discussion of this
change ?
TOWN ATTORNEY TASKER: We could be sued by the developer. We could be
sued by the neighbors. We could be sued by almost anybody.
MRS. BACHRACH: You could be anywhere, could you not?
TOWN ATTORNEY TASKER: Yes. But when you're discussing those questions
we have the right to go into Executive Session to discuss them with the attorneys.
MR. PHIL BARTH, Southold: Well, I'm not really versed in the law as the
attorney is, but my understanding is something different about Executive
Session, and ! don't think you have the right to call an Executive Session
just because there might be a chance of a suit. I just don't think it's right.
You know, I've been attending things for quite a while and it seems to me
they're just too much Executive Session that's leaving the public in the dark.
Now, something like Brecknock Hall is really a sensitive issue and in order to
discuss it on a knowledgable basis you have to know what's going on, and this
seems to me, you know, like you talk about easements, no one knows what you're
talking about until--why couldn't we sit in and know what it's all about?
MR. RICHARD LARKt Attorney for Brecknock Associates: That isn't what Mr.
Tasker was telling you. Mr. Tasker was telling you that the Town Board has
specific legal questions as to whether or not the public hearing that was held
last month embraced the Scenic Easement area, and Mr. Tasker advised them
it did not, it required another public hearing for the Town Board to hear the
merits of the Scenic Easement and the Town Board was asking him legal questions
on what they could do or they couldn't do with the current posture of things.
And that's what Mr. Tasker was briefing them on. That's what he said the
Executive Session was called for, because he was required upon to render certain
opinions and certain decisions based on a posture of the application tha~ the Clerk
was briefing him on.
MR. BARTH: Well~ I hear the Board ask Mr. Tasker legal questions all the
time and, you know, we're sitting right here.
MR. LARK: And they could declare an Executive Session if they wanted to.
385
MR. BARTH: Well, if you have Executive Sessions, then you wouldn't have
any public sessions.
SUPERVISOR PELL: Anybody else wish to comment? (No response.) Any
other comment? (No response.)
Moved by Councilman Nickles, seconded by Councilman Murdock, it was
RESOLVED that this Town Board meeting be adiourned at 4:20 P.M.
Vote of the Town Board: Ayes: Councilman Townsend, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
SOuthold Town Cl~k