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HomeMy WebLinkAboutTB-10/06/1981352 ~ 'SOUTHOLD TOWN BOARD OCTOBER 6, 1981 WORK SESSION 9:00 A.M. - The Town Board' b'ega'n 'th'e''a~d'it of the September bills. 9:15 A.M. - Mr.' Do'n Arcuri who resides on the corker ~f 'Soundview Avenue Exten'Sion'~nd Lighthonse~oad spoke to the Board concerning the street light he had installed on that corner and is personally paying the electric bill. He asked whether the Street Light Committee has any plans to put a-light on that corner at which time he could have his light removed. Councilman Murphy advised Mr. Arcuri that he was certain a light on that corner was included in the street lighting program. 9:20 A.M. - ContinUed' audit of bills. 9:40 A.M. - Began reviewing the .agenda. 10:00 A.M. - Mr. Nicholas P'ott, South Harbor Road, Southold addressed the Board concerning the proposal of the owners of the land on both sides of the mouth of R'ichmo'nd Creek to the'ne'W 'c'h'ann'el',to''be'dre'dged by the County of Suffolk in 1982, so it.runs parallel to the one proposed, but about 30 yards to the east. Once-it passes the White Beach point it would gradually curve in a southerlYdirection to jdin the'present channel about 50 yards off-shore. Mr. Po~t presented this proposal containing the current status, advantages of the new route for the channel, and a request to the Town.to provide funding ~ to Suffolk County for a new survey and soundings.~-~. John Guidi · of the Suffolk County Department.of Public WOrks.has advised Mr. Port ~ that the County does' not have the mOney to condu~t'~this new ~urvey. Coun'cilman Drum advised the Board that he has had several discussions with Mr. Port and Mr. Guldi concerning this proposal. Basically the County is not in favor of rerouting .the channel as~proposed by Mr. Port. Councilman Drum will discuss this matter further with Mr. Guldi. 10:15 A.M. - The Board resumed reviewing the agenda. 10:25 A.M. l'Chief Winters met with the Board and explained the'' need for relief School Crossing Guards. This will be announced to the press at the regular meeting. 2. Chief Winters stated he has been in contact with New York Telephone concerning the installation of.telephones for an emergency center in the basement of police headquarters. The telephone company advised that the cost of a survey would be $200. oo. 3. Discussed the possibility of.hiring Douglas''Clark as a ~art- time Radio Operator. Superviso~ Pell will check with civil service to determine whether there would be a problem relative to his holding jobs with the Town. 4. He will put two officers on duty in' Hallo'c~s Bay this Saturday for opening of Town waters for commerei~I 'scalloping. 5. The New ¥0'rk ~s~ate' Depar'tment 'of Transporta'tion has promised to make a survey for the possible location of a traffic signal at the intersection of Route 25 and' ~oisseau ~Ve'nue, Southold. They will also survey for~ r'etiming of the' tra'ffic signal at the inter- s~ction of Route 25 and Youngs AvenUe, Southold. 5. Chief Win~ers advised the Board he has been asked to serve on the Board of Directors for the Suff'ol'k Cou'n'tY Police ~Soc'ia'tiOn and has accepted this honor. The last Southold Town Police Chief to serve in this capacity was Otto Anri.g. 6. Police Officers' clark and Falkowski will be attending Bre'~th- alizer Training School starting October. 8th for a total of seven days. 7. Chief Win~e~s..adv~sed the Board he has been using Police Officer Bannon as a part'-~ime defect'i've--Officer Bannon has attended detective school. OCTOBER 6, 1981 - - · .......... ~ ' 353 10:40 A.M. - Board resumed reviewing agen'd.~,. ' ' 11:00 A.M. - Syb'il MiZzi and' A'la'n Borko~,Pa'n Tec..h-Y~nagement and Pan Tech Energy Systems met with the Board. Mrs'.. Mizzi presented a draft bank agreement at 8½% interest.for-the low interest Ioans for the housing rehabilitation' pr'ogr'am. Southold Town has $25,000 allocated for the rehab program under the Commun-iiy.-Development.. Fund program. Mrs. Mizzi also advised..the Board that'.Ue'cemb'er. Ist is the deadlin'e for s'ign'ing Yea'r ¥ITI Comm~n'i't'y De'velopment Grant for County Consortium. . -- . ..... Mr. Borko discussed the''f~Ur'-b'i'~ propo'sa'ls.for'-w~a'ther'i'zation of the Senior/Youth Cen'ter.. (1) Foamed in place wall insulation, (20 Cellulose ceiling insulation, (3) Weatherstr'ipping,.caulking, insulated window shades, (4) Painting of. interior Walt'SurfacesL Bid.openings will be 10:30 A.M., October 26th;' Mr. Borko advised he has received~.mn-:-est'im~.te .for' pi'acing' 19 Stra'tojet Model SJ12, or equal, 'c'ei't'i'ng 'fa'ns in the~S'eni-o~/ _ Youth Center for under $2,000..00.. The Board-wil'l. plkce a resolution on the agenda authorizing the Supervisor to sign .an agreement for the installation of.the fans... . ..... ... :A....: Counci'lman Nickles suggested the name O'f L'yl'e~.Mer'~dith, Southold, as Clerk of' the Works for' the Senior/Youth Center.~eat~heriza~i'on. Leaks in the roof of the Senior/Yo~th'Center was'discussed. Mr. Borko has been in contact with the general contractor Strathmore. Construction Co. who subed the job to another general contractor. The contractor will be in touch with Hig~ay'Superintendent Dean. 11:55 A.M. - Recess for lunch. ~ During the lunch recess the'Board- investigated the site of the Patricia Marco-trailer on.Indian Neck Lane, Peconic. EXECUTIVE SESSION - 1:20 P.M. 1. Discussed letter fromthe Suffolk County Human Rights Commission concerning hiring procedures for. police personnel. 2. Discussed possible purchase of property in Mattituck. * * * - ' . ~... '..- ..' 2:35 P.M. - Resumed reviewing agenda. . ~ 3:00 P.M. - Recessed Work Session for .public hearing on amendment the 1981 budget relative to the use of Federal~ Revenue Sharing Funds. 3:10 P.M. - Work Session resumed with review of agenda and off-agenda items. - COuncilman Murdock requested-the Supervisor to contact .the New York State Department of Transporation to_conduct-a-survey relative to the need for a doubl'e solid line f?om Rocky. Point Road to Dam Pond Bridge, East MariOn. - Counci'lman Murdock. asked 'that an invitation be extended to ERM-Northeast to appear at -the Oct'chef 20th Work Session for a presentation concerning environmenta'l and' engineer- ing problems that currently exist on the North Fork. A regular meeting of the Southold Town Board was held on Tuesday, October 6, 1981 at the Southold Town Hall,' Main Road, Southold, New York. Supervisor Pell opened the mee-ting at 7:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor William R. Pell, III.- Councilman Henry W. Drum Councilman John J. Nickles Councilman Lawrence Murdock, Jr. Councilman Francis J; Murphy ' - * * * Town Clerk Judith T. Terry Town Attorney Robert W. Tasker * * * 354 OCTOBER 6, 1981 Q~}motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that the following 'audited 'biIls be and hereby are approved for payment: General Fund Whole Town bills in the amount of $27,937.97: General Fund Part Town bills in the amount of $17,422.Z2; Highway Department bills in the amount of $22,222.88; Fishers. Island Ferry District bills in the amount of $46,248.31; Federal Revenue Sharing bills in the amount of $4,524.33; Delinquency Diversion and Prevention Project bills in the amount of $415.34; New Suffolk Avenue Improvement Program bills in the amount of $218.26. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman. Nicktes~ Councilman Drum, Supervisor Pell. This re~olution was declared dut. Y adopted. On motion of Councilman Murdock, seconded by Councilman Drum, it was RESOLVED that the minutes of the regular meeting of the Southold Town Board held on September 22, 1981 and minutes of the special meeting of the Southotd Town Board held on October 5, 1981 be and hereby are approved. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Drum, seconded by Councilman Murphy, it was RESOLVED that the next regular meeting of the SouthoId. Town Board will be held at 3:00 ~.~., Tuesday,~October 20, 1'981 at the Southold Town Hall, Main Road, Southold, New York~ Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor PeI1. This resolution was declared duly ~dopted'. SD~ERVISOR PELL: The following reports will be on 'file' With the Town Clerk if anyone wishes to examine them they may do so at the Town Clerk's Office. - .I. REPORTS - SUPERVISOR PELL: 1. Supervisor's monthly report (September 1981). 2. Building Department'.s monthly report (September t981). 3. Town Clerk's report (September 1981). 4. Fishers Island Ferry District's monthly report (September 1981). 5. Mr. Dean, Superintendent of Highway's monthly report (Sept- ember 1981). 6. Report from the Tercentenary Committee which Mrs. Goodrich, our Town Historian represents the~Town on. Her report on their activities. 7. Police Department's monthly report (September 1981). 8. Report from the Street Light Committee which will be in resolution also tonight. 9. Six month report of the Board of Trustees (April-September 1981). 10. Councilmen's report. Councilman Murdock. COUNCILMAN MURDOCK: This morning we had a discussion relative to putting fans in the SeniOr 'Citi'zen's Rec' Center on Peconic Lane, with the help of taking some of the heat from the ceiling and return- ..... ~ng it down to ~ floor. We had a meeting with Pan Tech Management Corporation which will give us specifications for insulating the building and go to bid for an insulation program and as opposed to fans they came up with a unit that fits in %he ceiling, it's ~overed with a plastic cover so that as opposed to a fan we won't have to worry about someone in the Rec Center maybe sticking a pool'cue into the fan blade or any'of those other things that can happen and we did, this morning, approve purchase 19 of those units and having them installed. Thank you, Bill~ Councilman Drum, anything you Wish to report on? Councilman Nickles? (Nothing.) Councilman SUPERVISOR PELL: (I have nothing.) Murphy? COUNCILMAN MURPHY: There is just one thing. On the ferry service which really I feel is so important for industry and for the people ou~ here. I spoke to Senator' Ken LaValle and he is trying to--what happened is money was allocated by lhe governor but it was tied up !~because a group of people from~ Shoreham didn't wan~ a study made of the possibility of a ferry from the end of William Floyd Parkway and so he is trying to break the money away. Ther. e will be a m~g~j.~.. up in Albany and either the~Sup~r~gr~ya~e~f will go. fi. feel it is most important, 0~ing'0f'n~w"~:~U~fd~"~ndus~ry, .'for:tourism,. for the economy of the people out here and just for our convenience- where we can get to the New England area a. heck. of a lot easier than driving all the way ~o New York and hopefully"this winter this will be resolved and the funding will be t'here where the ferry will be improved, which anyone who uses it realizesthat it needs much improvement. Thank you. - SUPERVISOR PELL: Thank you. I have a 'couple of things i would like'~' to comment on. First of all the railroad has' agreed t0'have a-. meeting with the elected officials out here' next week sometime.'.-I believe it is going to be held in Riverhead. It was supposed-to be tomorrow but it was postponed until I believe it is-the 13th'or the 14th of next week. ' '~".-- Southold Town is looking for r~li~f-Schoot '~rosSing 'Guards. Today we have two School Crossing Guards out sick-and that me~ns" we have to take our patrolmen off the road and put.them in'front of the schools. It~ was discussed with the Chief o'f Police today and he says he would like to have some relief. So,' if anybody- knows of anybody looking for substitute School Crossing Guards have them contact the Chief of Police. Last but not least I would like to say it's nice to be back~ I spent 11 days confined to my bed ~nd my house not .feeling too good and my wife says it was like Christmastime with all the cards. s~ many folk~ in Town.sent me. I thank' you al'l 'for your' best wishes and it's nice to be back. Climbed the fou~.-walls after about eight days, the last zhree was hard. II. PUBLIC NOTICES COUNCILMAN NICKLES: As you see on your agenda.tonight you have six'notices.- 1. Department of Con'ser'vation, a Noti.ce of Complete Applica- tion by Suffolk County Department of Public Works to' re~ov'e the existing Long Esl'and Rai'l'road do'ck and constrUc't a new dock. Written comments may be filed with the DEC by. October 14th. '2. Also from the Department of Conservation, Notice' of Complete Application by Suffolk County Department of Public WOrks.to remove existing bridge and construct new bridge-at West Creek in New Suffolk. 3. Application by James H. Rambo for Matt A Mar Marina 'to construct four "T" floating docks at Mattituck Creek. 4. Also, maintenance dredge and beach nourishment at R'ichmond Creek by Suffolk County Department of Public Works. --5. Notice of Complete Application by Energy. Development~Corp-. oration for a permit to construct and operate a 'solid waste resource facility for the Town of Southold. 6. Application by James P. Latham to create a four lot sub- - division~and one family dwelling and septic system, Peters Neck Road, Orient. Comments on October 22nd. ' All of these are on file with the Town Clerk.. You can .examine them if you care to. III. COMMUNICATIONS - SUPERVISOR PELL: 1. The first one is for a street light up i~ Mat'titUck on Ruth Road. This will be turned over t'o ~he Street Light Committee who has a report on that. 2. Application from Suffolk County'Department of 'Parks. An application for grants for cultural affairs. -Last year we did have a couple of them awarded to Southold Town .and again' we have the- application for next year. They can be picked up at Town 'Hall.' 3. Request from the libraries for addi'tional funds in 1982 budget. This is signed by four libraries in Southold Town. 4. Letter from Lois Barker in Mattituck telling the Board of a condition in the sidewalk on Love Lane in Mattituck. I believe Mr. Dean has already repaired that. - - - 5. An article that appeared in the New York State Environmental magazine about Southold Town and the stand that the Town Board-has taken on Robins Island. 6. Request for use of the. buildi'ng on Peconic Lane on Frida.y mornings or afternoons. We will work this out if-ir'does not interfere with anything that is goi~g on. (Nutrition. B~nd) 7. & 8. From two towns to the west (Smithtown and Brookhaven) in regard to keeping the traffic data on accidenzs With the County Police. 356 OCTOBER 6, 1981 9. Again sidewalks., but this' time in Orient'. Mr. Dean will go down and look at this and make a -report ~-~o the .Board. (From - Albert A. Abersmith) 10. Another request to use the center up on 'Peconic Lane from. the BOCES Board in Westhampzon Beach. I'wilt look into this'an~ make a recommendation and report to the Board in two weeks.. ' - 11. Letter in regards to a trailer /permit that-was'issued for' six months, two weeks ago, drawing attention to the Board on the application. Where it was being.put was not where the' application was for. Today the Town Board did go .down and look at it and I am- -~- sure we will have co~ents'to make on that later. '.-(I~tter from' Edmund J. Baumann.) - 12. Letter from Riverhead Supervisor,' my counterpart 'up there, Supervisor Janoski in response to.a letter that we-sent to them-on. ' September 19th. I had spoke to Supervisor Janoski several times about possibility of Southotd and Riverhe-ad looking ~nto the_.joint venture of solid waste up at our landfill. On 'September 10th the ' ' ' Board directed me to write a letter to him and officially ~sk him if perhaps his Board and our Board could sit .down and discuss the possibility of it. On September 29th he wrote back and said he thinks it's a good idea that the two Boards should get together. We will be getting together in the near future to'see if anything can be reached to help both towns. " _ ' Public Hearings. We have a hearing tonight at~8:00-P.M. We .... have 15 minutes to go before that time so w8 will go-over to - Re'solutions. While the press has finally arrived,. ~'did make the announce- ~e.nt~:be£.o~e.J'a~~ i want you gentlemen io .pick it up so~ I will state it again. The Town is looking for relief Traffic Wardens for the School ~rossing Guards. .If anybody knows of anybody who--would be interested in serving, have them contact the Chief of Police. In other words, I hope to see it in the pap. er.. V. RESOLUTIONS ' On motion of Councilman Murdock, seconded'by Co~mcilman Dr~m, it w~s RESOLVED that the Town Board of the Town of South0id hereby grants permission to the Southold Senior Citizens Club~o hire two 49 passenger coach buses at a total cost o~ .$590.00 to'transport their group to the Island Squire, Middle Is'land.,:'New ~0rk ~n' November 11, 1981 for the luncheon and show. --: Vote of the Town Board: Ayes: Councilman. Murphy, 'Councilmn Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 2. On motion of Councilman Murphy, seconded bY Counci~m~n. Nickles, it was RESOLVED that the application of Francis Wilson dated September 22, 1981 for permission to maintain a single family~ trailer on the west side of private road off north side Middle Road, CutchOgue,' New York be and hereby is granted fora six month period. ' - ~ Vote of the Town Board: Ayes: Councilman Murphy, CoUncilman Murdock, Councilman Nickles, Councilman Drum;. Supervisor Pell~ 3. On motion of Councilman Nickles, seconded ~y ~ounc~lman MUrphy, it was RESOLVED that pursuant to Article 8 o~ the Environmen:~al 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 .unlisted, Will' not have a significant effect on ~he environment. Descript~t~ion of Action: Application of Enconsultan~s, Inc. for ~~Lagoon Association for a permit under the provisions of the Wetland Ordinance of the Town of Scut.hold for permission to ma. intenance dredge an irregular Shaped area within lagoon, place resultant spoil on beach north of bulkheaded' canal as nourishment The project has been determined not to 'have a significan't 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 no'response in the allotted time from the New York State Department of Environmental' Conservation, it is ~sumed that there is no objection nor comments by. that agency. OCTOBER 6, 1981 '~' ' 357 Vote of The Town Board: Ayes: Cofuicllma~Murphy, Councilman . . Murdock, Councilman Nickles, Councilman Drum, Supervisor Pelt. This resolution was declared duly adopted. SUPERVISOR PELL: Number 4 is seed c.lam program which was up for a vote two weeks ago when I was absenT. We put it back .on t'he agenda tonight. Discussed it in Board today--Work Session~today and--- Frank do you want to offe. r that? COUNCILMAN MURPHY: I'd like to offer ft, yes, and-make a comment on it. On motion of Councilman Murphy, seconded by Supervisor Pell, it~was RESOLVED that the Town Board of the Town of Southo!d hereby .. authorizes the Supervisor to execute an agreement between the Town of Southotd and Paul 2. Flagg, Shellfish Consultant, for-the institution of a Program for the Raft Culture~of .Seed Clams in the Town of Southold at a cost of $1,200.00 per y~ar;-.50% upon signing the agreement with Mr. Ftagg and 50% upon Completion. of ~he program. COUNCILMAN.MURPHY: I would like to make a comment on it. .I.feel for the economy of this area it is most- important and we had a public hearing or we had an informational meeting in the Town ~_ere where we asked Mr. Flagg to come over and explain the program an~:I felt he did a fine job of doing this and I feel it's a most needed one. It is--there have been some objections to this.because of various questions and I would really feel that I'am sorry that the people who are objecting to it didn't come out to-the meeting and ask the- man at the time. I think it's a most important pro~"ec~ ~or the Town, one that we could only benefit by.' I'll offer that resolution. Vote of the Town Board: Ayes: Councilman.~urphy. No: .Councilm~n MurdOck. . . COUNCILMAN NICKLES: I'voted for this resolution the .last time but it seems that so many questions have 'been raised and.-I thought.it was going to be held, that I would like to be marked "present". COUNCILMAN DRUM: It was my understanding this'mOrning through the discussion that we had, Nit. Murdock had brought up some questions and they were not answered and not answered as far as I was concerned and I will, until the questions are answered, I will "-abstain". SLq~ERVI$.OR PELL: Yes, Judy. Resolution No. 4 the Vote of the Town Board was recorded as follows: Ayes: Councilman Murphy, Supervisor' Pell.-~No: Councilman M~rdocM~ Present: Councilman Nickles. Abstain: CounciIma~'Drum. This resolution was declared lost. SUPERVISOR PELL: I mentioned before, a gentlemen just came in late, I'll mention it again. The meeting with the 'railroad was supposed to be held tomorrow. It was scheduled to next-week sometime. I think it is the 14th. We will be given a date, time and place. It is finally coming through. I know, I saw you walk in the door. 5.- On motion of Councilman-~rphy, seconded by Councilman Drum,-it was RESOLVED that the Town-Board of the Town of Southold hereby. authorizes the Street Light .Committee (Councilman Murphy and ..... C~uncilman Drum, ~ith the advice and assistance of Highway" super- intenden~ Dean) to establish the following two-phase policy., as ~_ funding is available, for the replace and installation of street lights throughout the Town of Southold: PHASE I 1. Remove lights that serve no-purpose, as per tally sheet and survey. 2. Install lights at all dangerous turns. 3. Install lights at all road intersections for identification and safety purposes. 4. Install lights at public places~ schools, churches, fire houses, etc. 5. Change fixtures from 90 watt t.o 50 watt high p~essure sodium at the above locations, as,availabIe. 358 OCTOBER 6, 1981 (a) (b) PHASE II 1. Change reminder of Town fixtures as available from 90 watt to 50 watt 'high pressure sodium at a savings of almost 50% in energy costs. COUNCILMAN MURPHY: On the survey it means a reduction of about 225 lights and an increase in new locations of about !50 new lights. I"m sure there is going to be some more added on later on but these 225 are coming out of areas where really the lights are absolutely of no purpose and does no good for anyone except cost the Town a lot of money. Before any light is taken out the street will be'reflector- ;zed. Reflectors will be put on and under this policy of all inter- ~"-~ sections and dangerous curves to show that there is a stop sign there or to show what the name of the street is. This what we're ~ trying to establish in the Town on a priority-type basis and there is another resolution later on authorizing us to go out to bid under 'our federal grant program Transportation Bond to buy new lights, these 50 high pressure sodium-lights, and hopefully we'll be doing a much better job at a much cheaper'cost to the Town. I'll offer that resolution. COUNCILMAN DRUM: I just' might add that this overall reduction of lights is a great savings in energy and cost to the Town. COUNCILMAN MURPHY: One area is, if you notice on the dual highway in around Peconic, the lighting company evidently put these lights up years ago when they first went into the program. They were transferred over and it's costing us quite a bit of money each year and they serve absolutely no purpose. You. wouldn't even know they're there, and when they're gone you won't even miss them. Vote of the Town Board: Ayes: Councilman Murphy, Council~an MurdoCk, Councilman Nickles, Councilman Drum; Supervisor This resolution was declared duly adopted. On motion of Councilman Murdock, seconded bM.~6.~ncilman Drum,.it was RESOLVED that the Town Board of the Town'of $0uthotd hereby authorizes Supervisor William R. PelI III to enter into an agreement with Briarcliff Sprinkler Systems~ Inc., Pec°nic,~'New York'for winterizing the sprinkler system at the. South$id~Town Hall at a cost of $57.50, and spring hookup of the sprinkler~system"~at the Southold Town Hall at a cost of $57.50. ~ ~ Vote of the Town BOard: Ayes: Councilman MurPhy~-~i!'~ounc~lman Murdock, Councilman Nickles, Councilman Drum'~ Supervisor PetI. This resolution was declared duly adopte~. On motion of Councilman Nickles,. seconded by Councilman Drum, it Was RESOLVED that the Town Board of the Town of Southold authorizes Building Inspector Curtis Horton to attend a Fire Inspection Seminar at Scarsdale, New York on October 17th and ISth, 1981 and-cost for lodging, meals, travel and $30.00 seminar fee be a legal charge against the Town of South01d, providing the cost does nom exceed $185.00. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that the Town'Board of the Town of Southold 'tranSfer the sum of-$t, t50.00 from B3130.1 Bay Constable, Personal Services to B80tO.1 Zoning, Personal Services to provide monies to retain the services of Eileen Carey as part-time secretary to the BOard of Appeals for a period of 60 days. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Drum, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold hire Eileen Carey as a part'-time secretary for the Bo~r~ o'f APpeals effective October l, 1981 through November 30, 1981 at a salary of $4.00 per hour. Vote ~f the Town Board: Ayes: Councilman'Murphy, Councilman Murdock, Councilman Nicktes, Councilman Drum~ Supervisor Pell. This resolution was declared duly adopt'ed. OCTOBER 6, 1981 - - 359 9. On motion of Council~n Murp~i~d'~a~?~b-uncilman Mnr~ock; it was RESOLVED that the Town Clerk be and she hereby is authorized and directed to advertise .for bids for furnishing and 'deIiVering laminaire type outdoor lighting fixtures-to the Town of S0uth.old. Bid opening Friday, October 16, 1981 az 10:00 A.M .... Vote of the Town Board: Ayes: Counhilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pelt. This resolution was declared duly ad'opt'ed. 10. On motion of Councilman Murdock, seconded by Counc. i~man. Drum, it was RESOLVED that the Southold Town Board declare itself l'ead agency in regard' to the State Environmental Quality Review Act in the matter of the applica't'iOn of' Richard W. Seelig 'for'-a we%land permit. on certain property located on the east side of Stillwater Avenue, East Creek, Cutchogue, New York. Vo~e of the Town Board: Ayes: Councilman Murph~,~'Co~ncilman Murdock, Councilman Nickles Councilman Drum; Supervisor ~ell. This resolution was declared duly adopted. 11. On motion of Councilman Nickles, seconded by Councitma~ Murphy, ft 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 ~pplication of Charles DeLu~a for a wetland permit on certain property located on the east side of Wells Road,. Richmond Creek. Peconic, New York.. Vote of the Town Board: Ayes: Councilman~ Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Petl. This resolution was declared duly adopted. 12. On motion of Councilman Nickles, seconded by Councilman-Murphy, it was RESOLVED that the amount of $97.96 be and hereby is transferred from Highway Item IV, DS9059.8, CSEA Welfare' Fund to Highway Item IV, DS9060.8, Hospitalization~and Medical.' - Vote of the Town Board: Ayes:~ Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 13. On motion of Councilman Murdock, seconded by Councilman Drum, WHEREAS, the Town Board of the Town of Southold by resolution dated September 8, 1981 advertised for bids for furnishing and delivering binder, top and shoulder course asphalt concrete ~br the surface paving on New Suffolk Avenue, and WHEREAS, the bids for this project were'opened on September 24, 1981 at 10:00 A.M., and the lowest bidder was Lyon and Reboli.Paving Contractors, now, therefore,' be it . RESOLVED that the Town Board of the Town Of Southo.ld award the bid for the furnishing and delivering Of binder, t-op and shoulder course 14. asphalt~concrete for the surface paving Of New -Suffolk-Avenue.~to Lyon and Rebo!i Paving Contractors at their bid-.price of $41,600.00. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pel.1. This resolution was declared duly adopted. on motion of Councilman Nickles, seconded by Councilman Murdock, WHEREAS, the Town Board of the Town of Southold by resolution dated September 8, 1981 advertised for bids for placing binder, top and shoulder course asphalt concrete on New Suffolk Avenue, and WHEREAS, the bids for this project were opened on September-24, 1981 at 10:00 A.M., and the.lowest bidder was Lyon and Reboli-Paving Contractors, now, therefore, be it . : RESOLVED that the Town Board of the Town of Southold award the bid for placing binder, top an'd shoulder cOurse'~sphatt~-c'oncre'te on New Suffolk Avenue to Lyon and Reboli Paving Contractors at their bid price of $2,450.00. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.-- This resolution was declared duly adoPted. 15. On motion of Councilman Drum, seconded by Councilman Murdock, ir'was RESOLVED that the Town Board of the Town of Southold hire Kerry Klipp as a part-time Radio Operator for the Southold Town Police. Department effective immediately at a salary of $5.00 per hour. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum,--Supervisor Pell; This resolution was declared duly adopted. 360 OCTOBER 6, 1981 16. On motion of Councilman Murphy, seconded by Counci.lman Nickles,.it was RESOLVED that the Town Board of the Town of Southold wilt hold a public hearing on the 20th day of October, 1981 a~ 3:30 P:.M,, in the matter of the grant of scenic and conservation easement by George R. Latham to the Town of Southold on certain real property owned by George R. Latham at Orient, New York and described as follows: BEGINNING at a point at the southwesterly terminus of a certain 25 foot private road and rmmning along said line of private road North 18° 37' East, 25 feet; thence North 34° 00' East, 265 feet to the ordinary high water mark-of Pete Neck Creek; thence southeasterly and then southerly along Pete Neck Creek 1050,feet; thence northwesterly along the shore of Orient Bay 400 feet, to a point; thence North 12° 52'.20' East 420 feet; thence North 71° 23' West 197 feet to the point of BEGINNING. Containing 5.3 acres, more or less. The proposed grant of scenic and conservation ease- ment containing the terms and conditions thereof, and the land effected hereby, is on file in the SouthoId Town Clerk's Office, Town Hall, Main Road, Southold, New York, and may be examined by any person interested therein. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This ~esolution was declared duly adopted. On motion of Supervisor Petl, seconded by Councilman NickIes, it was RESOLVED that a recess be called at 8:03 P.M. for the purpose-of holding a public hearing in the matter 'of the amendment of the'current Town Budget relative to the use of FederaI Revenue Sharing Funds. Vote of the Town Board: Ayes: Codncilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor PeI1. This resolution was declared duly adopted. Meeting reconvened at 8:07 P.M. 17. On motion of Councilman Murdock, seconded by c~.iman Drum, it was RESOLVED that the application o3 Sophie T.~unde~S'dated ~eptember 9, 1981, for permission to maintain a single family trailer on north side of the Main Road, Laurel, New York b~ and. hereby is renewed for a six month period. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: Number 18. We discussed this today; in thelBoard' I am going to wait on this-un~il the next time the Board meets. There is information I'want to seek out .on the gentleman. Basically what it is was brought up today by Councilman Murdock. Mr. Clark ' ~Douglas Clark) is a full time employee in the Town as a Custodian- · n this building right here. He's on.tonight and a very good gentleman, we have no complaints, but on his time off on. weekends or at night if he went to work for Southold Town as a relief Radio Operator Would he be entitled to time and a half because-it would be after 40 hours. I called Haup~auge today to get a rul'ing on this. It did not come back so I asked the Board to wait and put it on the agenda next time when we have a ruling. - 19. On motion of Councilman Murphy, seconded.by Councilman Nickles, i~ was RESOLVED that the Southold Town Board d~cla~e's''~tsel'fl'ea'd, agency in regard ~o the stateiEnvironmental ~uatity Review Act in the matter of the rep~ir''~d'e'xt'en'sion o'f' ~ul~he'~d 'a'~d 'dredging at Gull Pond, Greenpor~, New York.by'the' 'Town 'of Scut'hold. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilm~an~Drnm, S~pervisor Petl~. This resolution was declared duly ~'dopted. 20. On motion of Councilman Drum, seconded by Councitman-~rdock, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes..Supervisor William R. Pell, III to execute a' 'Copier Maintenance' Agreement with. Satin COrporation~-for ~tel 775 locat'ed at Southol'd Town PoZibe'Hea~dquarters, sa{d agreement for the period July l, 1981 through June 30,. 1982 at a cost of $515..00 Vote of the Town Board: Ayes: CoUncilman Murphy, Councilman Murdock, Councilman Nickles, Councilman.Drum,-Supervisor Pell. This resolution ~as d~red du~v OCTOBER' 6, 198,1 21. On motion of Counct~man Drum~;~'~s~'8~n~d~d~!b~.~un-c~lman Murdock, RESOLVED that the' Town Board of .~he ~0wn ~f' Sou%ho'Id hereby. authorizes Supervisor William R, Pel.1, III to execute'a Copier 23; 25. 361 it .was Maintenance Agreement with'-'Savin Corporation for the Savin Model 775 located in the AssesSor's Off'ice.'a~ the Southold Town Hall, said agreement for the period 'July 1, 1981 through June 30, 1982 at a cost of $295,00. Vote of the Town Board: Ayes: Councilman Murphy, councilman Murdock Councilman Nickles Councilman'Drum, Supervisor Peil - · - This resolution was declared duly 'adopt'ed. ~ : . . - On motion of Councilman Nickles, seconded by'Councilman Murd0cM,. it was RESOLVED that the Town Board of the Town of Southold grants. permission to the Southol'd P'.:T.A. to use the 'SouthoId 'Fire ~-_ Department Parking Field as the assembly area. for' their .... "Halloween Parade"on.October '30, 198I-at '3:45 P,M. ~Pa. ra~e: to begin a~ 4:00 P.M., proceed west on Main Road., .south on- ' Oaklawn Avenue, and t~rminate at Southold High. Sc'hool.. -'This permission is granted provided they secure the necessar.y-.insur.ance to hold the Town of Southold harmless.. . Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman..Drum, Supervisor Pe!l. This resolution was declared duly'~dopt'ed-. .- On motion of Councilman Nickles, seconded by Councilman:MUrdock, it was RESOLVED that the Town Board of the Town Of Southold''gr. an'ts permission to the So'ut'hold P.T.A. to' use. the''Sout'h~ld Fire Department Parking Fie'l'd as the assembly arealfor their--- "November Parad'e" on NovemUe'r 21~, 1981''at' 10:30 A'.M. Parade to begin az 11:00 A.'M., proceed west.on M~in Road, south .on Oaklawn Avenue, and terminate.at Southold ~gh School,- This - permission ~s granted provide~ they secUr~ the necessary insurance to hold the Town of Southold harmless. - - . . . ~' . Vote of the Town Board: Ayes: Councilman MurPhy, Councilman Murdock, Councilman Nickles, Councilman Drum, Superyi~or Pelt.' This resolution was declared duly a'dopted. '" On motion of Councilman Murphy, seconded.-by Councilman Drum, it was RESOLVED that the Town Board of the Town of South~ld declare itself lead agency in regard to the State Environmental Quality, Review Act in the mavzer of the applica'ti'on of Cost'el'l~ Mari'he'Con'tra'cting 'Corp. for' Fred Cowan for a wetl'an'd permit on certain property-located.on Fox Hollow Road, Mapes Creek off Mattituck-Creek,' Mattituck, New York. Vote of the Town Board: Ayes: Councilman. Murphy~ .Coun~.ilman - Murdock, Councilman Nickles, Councilman Drum,-Supervi-sor Pell. This resolution was declared duly a~op'ted.. _ - On motion of Councilman Nickles, seconded by Councilman Murphy, it.was RESOLVED that the application of Hero'dotus Da'~iknos dated September 30, 1981 for permission zo maintain a single famil, y.-'t~iler for. farm help on his property on the.north side.:of:Main-Road; Pecon. ic., New York be and hereby is renewed for a 'six '(6') ~onth period. Vote of the Town Board: Ayes: Councilman Murphy-, Councilman Murdock, Councilman Nickles, Counci'lman.:Drum, Supervisor Bell. This resolution was declared duly kdopted. SUPERVISOR PELL: Number 26 through 29 you peopl.e do not-'have and- we will try to explain them when we go through 'w~t~. the. Board. Number 26 is a transfer of funds in differe~t departments. . On motion of Councilman Murphy, seconded by Councilman Ni'¢kles, it was RESOLVED that the Town Board of the Town o'f Sou~hold 'transfer $500'~'00 from Supervisor, Equipment A:1220.2 into Supervisor, Contractual. Expense A1220.4, a'nd $37,5'0'0.00 from ~hole Town Unexpended Balance into Buildings, Contractual Expenses A1620';4-- $16,100.00 and Street Lighting, Contractual Expenses A5182.4 - $21,400..00, to-pay October billing and estimated costs through-December 31,.198t[. . . Vote of the Town Board: Ayes: Councilman Murphy; Councilman Murdock, Councilman Nickles, Councilman Drum, -Supervisor Pell This resolution was declared duly 'adopted. 362 OCTOBER 6, 1981 27. On motion of Councilman Murdock, seconded by Councilman Drum, it was RESOLVED that Supervisor William R. Pell, III.be and he hereby-is authorized and directed t~ enter 'into an agreement for the purchase and installation~o£ 19:Stratojet Model SJt2, or equal, cleiling'fans 'for the Senior/Youth Building, in accordance With the specifications prepared by Pan Tech Energy Systems, at a cost not to exceed $2,000..00. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly .adopted. 28. 29. 30~, On motion of Councilman Murphy, seconded by Councilman Murdock, it RESOLVED thai the Supervisor be and he hereby is authorized and . directed to send a r~quest to the New York State.Department of Trnas-~[._~ portation for a' survey to determine t'he need for a double solid' line from RockY Point Road easterly to Dam Pond Bridge,. Ea'st-Marion, New York, whereas the Town Board is.convinced'such a double'solid line would be in the interest of public safet~ Vote of the Town Board: Ryes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor~Pell. This resolution was declared duly iad'Opt'e~. ' ' . Moved by Councilman Murdock, seconded by Councilman'Nickles, WHEREAS, theGr'umma'n''Cor'pora't'i'on has been the 'sUbject of 'Z 'take'~'o~'er bid by a firm called'~LTV from Texas, and -. ~-~REkS,, the Town Board feels that in the best interests of Long Island %he Grumman Corporation should not be acquired by a firm with the potential to be closed and moved out'of state, and WHEREAS, it is in the general interest of the emploMees of Grumman Corporation who reside in the Town of Southold thai this Board express their opinion, it is therefore. · ~ ' RESOLVED that it is the wish of the 'Town Boa'rd of'~he.~T~wn of Southold to express the'ik 'Op'in'ion that the agencies'~invotved'at the federal government level use whatever influence'they can to' keep Grumman a 'Long rSl'~nd' based firm and maintain the job stsbility that is necessary for Long Island. . Vote of the Town Board: Ayes:~ Councilman' Murphy, Cohnci~man Murdock, Councilman Nickles, Councilman..Drum; Supervisor Pet'l. This resolution was declared dul.y, a'd0~ted .... SUPERVISOR PELL: The last resolution I have tonight the Board is not familiar with it. I did no~ discuss it with them-in the Work Session today, but I' would like to ask the Board to appr~e the Federal Revenue Sharing amended budget for-1981. We had four hearings, there was'no controversey on any of the four.. Moved by Councilman Nickles, seconded by CounCilman Drum, WHEREAS, the Town Board of the Town of Southold held publi~ hearings on September 22, 1981 at 3:35 P.M. and 7:30 P.M. and October 6, 1981 at 3:00 P.~. and '8:00 P.M. in the' matter .of the amendment of the current Town Budget relative to the use. of Federal Revenue Sharing Funds, now~. therefore, be it' . ............ '. ' . RESOLVED that the Town'.Board of the Town of Southold hereby-'amends the current 1'981' Town Budget relative to the' use O'f Federal Revenue Shar'ing Funds by transferring and/or reassigning the sum of $25,361.00 from the following accounts: CF9005.4 Bulkheading ........... $ 8,500.00. CF9006.4 Land Acquisition- $ -.361.00 CF9010.4 Sprinkler System $ 7.,.500.00 CF9014.2 Highway Equipment ......... $ 2,.500~00 Excess Revenues (Interest) ..................... $6,500.00 to the following accounts: . CF9007.4 New Suffolk Road Improvement ........... $14,300~00 CF H~ghway Safety Program- $11,O61.00 Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. T~is resolution was declared duly adopted. SUPERVISOR PELL: That ends the agenda we have before us. 'I'd like to ask the Councilmen if there is any%hing I left out o~ . omitted. Councilman Murdock? (Nothing.i) ~ Councilman Drum? (Nothing.) Councilman Nickles? - COUNCILMAN NICKLES: I'd just like to say that it's nice to have you back and I hope whatever it is you hav~ you didn't g~ve it ire us today. . . OCTOBER 6, i981 SUPERVISOR' PELL: d~ thingabout" ~"~"~"~'~'"~lt J~n'~T~ost~'~ %"~ :~'~/' 12" pounds,· ' ' if anybody would like to lose weight. Councilman Murphy? / (Nothing.) The floor is open to the public. Who would like to address the Board? I am sure there are people here that would.. MR. EDMUND J. BAU~LINN, 325 Wood Lane', Peconic:'. Are-you. going to care to address this issue before I speak as far as the tra'il:er on Indian Neck' Lane is concerned? 363 SUPERVISOR PELL: We an inspection today, the Town..Boa~d"went down' " to look at the location of it---who wants 'to answer COUNCILMAN MURPHY: Bill was sick and-I signed the-pDrmit for-this. The permit was that they came in and.'asked-fom a permit for a trailer to be located approximately 450'.feet from the road, to- be used for a period of time of approxima.tely one'year while construction ~as going on to house a foreman or part of the wo~k-crew and also. while Bill was out the Building Inspector, after 'rece.iv~ng a complaint, Ed Hindermann,. went down on October 1st I believe it was and came into Supervisor's Office and reported that.~the trailer is approximately only 200 to 225 feet from the front yard.property line and the length is parallel with the road and .the-[permit granted was to be 450 ft. setback and at right an.gles to the.road. I directed him to issue a stop work order until this was resolved. 'That's where we stand right now. The attorney for these peopl'e'-had a let'ter delivered to the Town Board today. The Town Board alsa went down to see the site today. For the record, ~ .you would li~e. to hear the attorney'-s remarks I~tl read the letter. "Dear Mr. Supervisor and Members of.the Town BoardL I rep- resent Patricia Mar'co who is a recent purchaser of the Kul! and Billard farms az Indi'an Neck Lane at Peconic, and who was issued within the last few weeks a special permit t.o install for a period of six months a mobile home at the farm in.order'to provide temp~ orary housing for a foreman, his wife and infant chi.Id who were enroute from Virginia. Since ~the~ issuance of the permit the mobile home was purchased and installed .and.the foreman and his family are now residing there. "The application for the permit provided tha~t the-mobile home~ would be located south of all of the barns on the-property and 450 feet south of the bed of Indian Neck Lane. Philip MarCo, the husband of the owner, prepared the application in-:haste on ~'riday, September 18, 1981, and did not compute the actuaI-distance.fro~ - Indian Neck Lane to the back of the barn. He merely indicated that the distance was 450 feet. "In the last week, we have learned as a result of a certain complaint from a neighbor on Indian Neck Lane. that the. area adjacent to and the south of the barns is considerably.les~' than 450 feet. UnfQrt~hately, by the time that the significance.of t'hS~dist'~.nce was learned and as a result of the general haste With' which the project necessarily was pursued, the septic tanks had already been installed, the well had been driven, the electric h~d been strnng, and the mobile home had been placed and levelled. "We understand that some of the complainants 'have'wi'thdrawn their objections, realizing the predicament of the Marcos and ~heir foreman and his family, and particularly the temporary natUre of the current arrangemen~ .... . "I am writing to you specifically to request that we'be - permitted the continued approval of the-Town with respect to the installation of the mobile home as it now stands.and that effectively the application be deemed amended nunc pro-tunc to reflect the present location. "The Marcos appreciate the difficulty in .which they find them- selves and their foreman and his family. They are new to 'the area and badly wish re demonstrate their good faith'and interest in proper neighborly relations. They did not understand that an error had been made nor indeed tha~ the error was o£.such 'significance until after the site work had been essentially completed. - "In order ~o assuage any complaints or objections, the Marcos would be happy to comply with any direction o.f the Sown Board or the Building Department with respecm to erecting ~r installing a.'" berm, a row of 8 foot evergreens, a continuous line of fencing (with Building Department approval) or any other arrangement that would permit the existing location of the mobile home to stand, and more specifically would permit the existing location of the.site improvemenvs (electric, septic system and. well)-to remain as now installed. - - · 364 OCTOBER 6, 1981 "The Marcos anticipate that the problem will be resolved within the Spring of 1982 and that the mobile home will be removed'from the premises. They have no interest in continuing to have the mobile home on the premises since they candidl~ share their neighbors' lack of enthusiasm for such structures. "I apologize that I cannot be present to present these remarks to the Board. Unfortunately, a£ter I advised Mr. and'Mrs. Marco that I could be present for the T~esday Board meeting, I was required to fly out of state in connection with another client's problem and I will not be able to return to New York until. Wednesday, October 7. "I would be grateful if the Board would work with the"Mar~Os and my office so that a solution can be reached with respect tO this problem consistent with the needs of the neighbors and'the quite unintentional manner in whcih this problem arose. "Respectfully yours, Anthony B. Tohill." That's what's happened so far and if anyone would lika to comment, we've also had a letter on October 1st from Edmund BaUmann bringing up several of these facts on it. Anyone_care to comment or offer any suggestions or any directions for the Board? MR. 'BAUMA~?: 7I'd like to read something to you and try to .make it as quickly as possible. I am sure there are other people here that would also like to speak regarding this matter.' First, l'et'me state and emphasize my actions concerning this matter should no way be interpreted by anyone as an-affroni against, the owner Of 2his property, Mrs. Marco. As a:matter of ~act,.I believe tlhat everyone in this room who has accompanied me here tonight from Indian Neck shares the same feel.ing. M~..and Mrs. Marco are doing a commendable job on the restoration of their-h0me. On the recent placement of 'a live-in trailer my neighbors and myself to question some very fnndam~'nt'al principles in this Town. Since when can live-in tra~iers' be placed on or adjacent to residentially zoned areas? -D0 we m~iniain a double standard zoning in Southold? Indian Neck,'like~many other areas in Southold contains many homes on acreages va~ed ~n excess of $100,000.00. The real estate taxes are equally inflating consider- ing we don't have Town water, Town sewerage or'Town'garbage removal. The point of the matter is that we enjoy living in Indian Neck. It has in the past been a most beautiful area. Creeks, barns; ~ields, woods, houses and we intend to keep it a beautiful area.. This.live, in trailer is an eyesore, there is no other way to describe it. You can't hide it, it's there. We want it removed and'we wan.t it removed rapidly and permanently. I understand the owners of the property, the. owner of this property, has asked that the trai~er be used as temporary housing for a caretaker and his family. This leads many questions: (1) Does any person in Southold, who restores or plans to restore a home, have a right to erect a live-in trailer? (2) Can a second family and a second home or live-in, trailer be placed on a parcel of property that may be zoned for single family residential? (3) What is the definition by the Town of Southold regarding the temporary or six month siting permit? What happens after six months? After six months if local residents complain can you guarantee that you are going to remove the .struct~e? What if there's an objection to it prior to evenissuing the permit is made? ~ am personally embarnasSed by this matter as well as my neighbors. However, I am more embarrassed by the actions of those representing me in the Town of Southold who have permitted the situation to initiate and develop as far as it has. This never should have happened. Where's our Town's common sense and judgment? The local area residents should have been notified prior-to any.agreement regarding this trailer. We continuously talk about communications from politicians down to the public. I want to know where were communications this time? When I purchased my.property in Indian Neck and had my home built severaI years ago I was introduced to and accepted many stringent binding constraints from the'Town of SoUthold. My home had to contain X number of square feet o~ living space, had to be placed on permanent foundation or concrete block and also included was a two page rider stipulating that no house trailer and motor homes could ever be erected on the property. Do we have ~ double standard zoning for Indian Neck? Can we now all buy an. acre of farmland and move in a trailer maybe for jusz six months at a time? Here is a hypothetical, though I think accurate case. I live in New York City, I want a summer house for my family. I purchase a few acres of farm~and in Sonthold. I move O~OBER 6, 1981 atra~ler on..... ~ ~ I ~ ~]~ ...... ~ ~ ~ ' to th~fproper'ty~.l~"~~ha~heap summer, home, suppdrted by Town who issues six month~temporary permit's..-If ~he "' Town of Southotd refuses to issue or renew my permit, I'll sue the Town. Precedent will already have been set. : Refer ~o this tire-in trailer now being lo'cared on the Marco property.. 'Carrying this hypothesis one step further, I hire a caretaker for overseeing ~y - trailer is safe. The caretaker's trailer will also be erected on a six month temporary permit, so the pyramid grows. The fi~e point of this matter is that all Southold Town property owners are ' being affected, seriously affected by the situation.- '-The concept of erecting live-in trailers in and among~residenti.al zoned South0%d Town areas will affect even members of our Town Board. Think about it. In conclusion, I strongly believe that the Town of Southold representatives responsible for this situation have very serioust~ erred. As rapidly as the trailer was moved :on .bo t.h~s property and erected, I asked that it be as rapidly removed and remoyed ~-..-. permanently. I have been informed that the far~land on.which this trailer resides possibily may be used for harvesting grapes or horses. This would be wonderful. Better agriculture than.a housing development, however, no way will we accept-tradle-offs- or any bending of rules and principles relating to zoning or. build- ing codes or building constructions~ If a'person owns one acre :of land or owns a hundred acres of land, whether he be a farmer, engineer or senior citizen we are all entit-led ~o and~ ~e~and. equal' treatment from the Town of Southold. Exceptions wil.1 be made to . no one. No deals, no bargaining, etc-. Th-is trailer is-an eyesore, this trailer is no~ compatible under the~iaw,-this t'railer must be removed. SUPERVISOR PELL: Thank you. Anyone else wish'to speak On the matter? - MR. GEORGE MORAN, Smith Road, ~Peconic: I'am the chairperson of . tlhe Indian Neck Park AssociatiOn and Chairm~n in '.charge ~f civic affairs. This encompasses 34 ~fam~lies residing on Smith Road. If you will, I have a petition to read and I would like t'o submit the same. "We, the members of the I~dian Nec~ Park AsSociation., Inc. support the position stated by'l/r. Edmund' J. Baum~nn in the enclosed letter, dated October l, 1981." Unfortunately I only have eighteen families't~at were-present this past weekend. Ten other families'were phoned'and they support the purpose tha~ we are here addressing our~self to'this evening. The feedback I have received from most of the 'people I have spoken with on the phone that just couldn't make i~ this past weekend or be here tonight, is in essence, what is this place al.~ about.? Mean- ing or identifying with Indian Neck area. And they travel,'in some cases, from Jersey, over hundreds of miles just for the a.eSt~beti~ view, the calmness and everything that this.-area stands'fo~.'~ Some of them have been summer residents, .these are'the people.that have no~ signed this, but asked me to speak for them, in many cases twenty to thirty years and they have very strong feelings ab0ut.~the aesthetic beauty of that land. They asked one or two major questions which seem to be dominent and that is (1) What or how ~ou define this, George? Meaning they're speaking to me. Is this-a multiple dwelling? No. Is it a permanen~ dwelling? I don't know. There-seems t.o be ambiguity. Yes, there does seem to be ambiguity. I can't answer you intelligently. Is' it a trailer? I don't know. That's why I'm here tonight to find out. Secondly the question'woUld.come up about the six month issue, the renewal. Is a technique to permeate, so to speak, trailer type sites? 'Would I be able to find out from the Board. Over the last five years, to the best 'of your knowledge, renewals of this six month typ~ permits, has-a'ny of them ever been denied? If they have ever been~deni~d,, what were ~he grounds for denial? This is a very. importan~ question so far as my people are concerned. Thank you very much. SUPERVISOR PELL: I'll answer you on that one. 'I've been on.the Board, Councilman Drum and myself, came on, this December will be four years. In the four years that we have been here we have granted three new trailer permits inciuding.this one~ i~ ~as not . present when this one was done. We granted one to a family who had their house on fire and they got burned out and wanted to rebuild their house in the presen~ location. They asked for a trailer permit to rent a place to live in for the.wife and kids 365 366 OCTOBER 6, 1981 in the back yard while they rebuilt t.heir house.. That was one. The second one was for a Polish farmer's coop exchange workers coming over here---we sent some of our people there, they sent some of their people here--in Mattituck. .That was the second one that I can recall in four years. This is the third one. As far as denying any renewals, we have not that I know of.denied any renewals in the last four years. MR. MORAN: There is a great fear, and rightfully so to our people that this may occur. Thank you very much. SUPERVISOR PELL: Anybody else wish to address the Board? FRANCES KOSLO~¥SKI: I am a full time resident of the property, that we own at 6400 Indian Neck Lane. I am a very interested partY here, but I am also here as a member of the Board of'Directors of 'both the AA~ Shelter Island-Southold branch and the League of Women Voters of the Riverhead-Southold chapter. They are very much interested in this matter. If the Board has gone down Indian Neck ~ane you realize that this mobile home or whatever you call it is at the gateway of a mass of land known as Indian Neck. One of the most beautiful pieces of land in the Town of Southold. We have-Richmond Creek on one side and Hog Neck Bay on the other. Everybody that has bought property on Indian Neck signed deeds with two p~ges of restrictions, at least two pages of restrictions because we wanted to keep this a private area. One of the restrictions was no mobile homes at all and that"s why we're so upset about Our gateway. DOROTHY LUECKOFF: I am not accustomed to speaking in.public, Please forgive me. I live on Spring Lane, my husband a.nd I. We bought in '69 an abandoned house. Waterfront on Richmond Creek and it is absolutely beautiful. In '69 we came out to work very hard on remodeling the house which took us five years:~to~rehabi.litate. . In about '70 on a weekend we came out to find th~ neighboring lot was dug up and the next week or two we found a'mo%ile home..i~sta'tled next to my lovely acre on Richmond Creek and my[heart sank, I didn't believe Southold could do it.. I' am a sensitive person, I'm not a fighter, I'.ve sort of lived with what had atread~i~gone by the'board and now suddenly everyone on Richmond Creek is aware that there is another mobile home coming to them. I've lived.~th 'it as a next . door neighbor. An old woman, retired, with chickens and I gave willingly because the woman was establishing another life style to survive in our crazy world, right? I tolerated thatf The adjoining property changed hands to Mr. Copiobianco who has-established-a junk yard. No one in this Town seems to give a damn whether or not this man operates as a junk yard, as a commercial junk yard or What[ Again I have tolerated it because I don't feel that i-should' pressure my neighbors who are bringing up.young children, why - should I disturb his life style but he has ruined my. values. If I had $100,000.00 there I now have about $50,.000.0.0. You drive by a house that is deteriorating with a.huge junkyard in the back, you drive past a mobile home,-which is well main- tained by a young couple who I sold to because I am in realty and my desire was to get a young couple who could maintain.that little trailer and they're doing a beautiful job and that ! am grateful for. I drive past these two things to get to my home on the creek which I adore. I have made a gorgeous home of it, and I'm an artist and I have great respect for the community but I have a real bitterness about ahyone who could let any kind of mobile homes come into the area and destroy people's' quality of. their investments. Thank you. ' ' SUPERVISOR PELL: Thank you. Anybody else wish ito a~dress the Board? Yes, sir. FRED MARSLAND: Dr. Marsland. I have just return'ed fmom Washington where I am with the National'Academy of Science, with the Research Board. What I am astonished here by the remark that there only were three buildings or permits issued. How come in all those years that suddenly a building ~as issued so suddenly. I just don't know. The one that you mentioned for the Polish exchange students, the trailer is well hidden on Oregon Road, you don't, see it. ' There was a specific need for the people who had their house burned. I would just ask why was this permit issued here to as to completely destroy our area with- out any need? And no notification. May I a~k that? . OCTOBER 6, ~981 + ' '36? MR. MURDOCK: ~ ~on';':~ think any lnte.nt was'tO de'stroy a.n.~rea. ' The request Was for a Temporary structure while they were'.bui'lding to house their people,, to last no more than a year:. - MR. MARSLAND: Now, may I just answer you, sir. That in this case Mr. Pell has answered the question that-in a:ll his .~xperiegce. no six month permit was denied for an extension. In Other words, a's far as we are concerned, all those people, once a six' month permitl is issued by you in the absence of Supervisor Pel1--- ' .... ' SUPERVISOR PELL: The Town Board issues them. No one individual on the Town Board is individually responsible. MR. MARSLAND: The Town Board then. Why w~s i-t never revoked? MR. DRUM: We had many. This was a six month permit.." We' great'ed six months. We have approved many Six month permits' and-a[i, ter that .time the structure has been removed. That has been done. We had one down in East Marion not so long ago where this was strictty six months for the new purchaser of this property to get. whatever-fbu't strictly a six month permit. That is all that-we issued--for six months. It was never our intention that it would remain beyond that period. MR. MARSLAND: Okay, thank you very-much,, sir. You an.'swered. COUNCILMAN DRUM: At least that'was my i~tention-whe~ it was- approved but only to assist this new owner"to establish himself - . or the buildings and what not, whatever ~as. necessary i0 ~be done during that period. MR. MARSLAND: You know how ugly. it looks,'.-I don't have to tell you. It looks like a concentration ~camp. -. ~ ' COUNCILMAN DRUM: It was not put where it was requested,-that's' why there is a stop order at present. ~ It was not put Where it- was supposed to have been put MR. MARSLAND: Well, thank you very much, but -I would jus't like to say that the haste in which it was issued just is..puzzling. COUNCILMAN MURDOCK: There ~e several poin'ts I would like to make. Mr. Drum did touch on one. I was going to correct the Supervisor. It wasn't for a residence, he did say residence. ' The Department of Transportation had asked for a six month-permit for a trailer to be used for maintenance of records, a work. trailer for their construction in East Marion. We did approve that permit. .Subsequently we~were informed that the permit was violated. .They had moved the trailer, and I don't blame them, they had put it on ~ nioe waterfront part of the property. It was excellent. I wouldn"t mind staying there for six months myself. However, it was offensive to.the people'in the area and it was a violation of the permit and.we rescinded the permit at that time because there was no way that we Could'get the amount of work that was being done on the property--they were storing too much heavy equipment as well as having~put-the trailer in 'the wrong location and it was an assault to the people in the area and we did' rescind that permit. The biggest part of my approving this .t~ailer, of course, is the first intent is to try and help somebody sot~e a ~emporary situation. They presented a plan with a 135 acre piece Of property which is the combination of two piecesof'property. They also Said it would be 450 feet back off the..road~ I happen to live in the area, I have been friends with the Kutl family, of both families for maybe 15 - 16 years and in my opinion being 450 ft. back from the road that building would be in a swale and not be visible.,, might perhaps a portion of the roof line might be visible and from 450 feet I-didn"t believe it would honestly effect anything but it was not put back in the swale and it was not put back 450 feet. That now poses a problem that we have to try and resolve and as you know we hav~ a letter from Mr. Marco or Mr. Marco's attorney andJhe-has offered-to landscape around it. Even the things that he has'o'ffered to do he seems to be trying to ameliorate a situation.-However; we are in a position where we have a violation of what he had said to us to 'do and as I say, that '450 feet was important to me because I' had felt that that would put it in a par~ of the property that would not be visible ~rom the road from either direction. 368 OCTOBER 6, 1981 RESIDENT: What is the reason that Nr. Marco needs a trailer and a supervisor? We all have built houses down there and we didn't have. trailers and supervisors to do it. COUNCILMAN MURDOCK: I got the impression from the application that he was attempting to do some work on the property and the site in. ~erms of combining the two pieces of property. Whether he was' going to establish a nurser.y or whether he.was going to establish a subdivision wasn't clear to us but he was doing some work that required temporary quarters and temporary help. On that.basisr- the most important thing again, to me, was that it was going'to be back in a swale and out of sight and that 'would solve iWo problems, his and hopefully and not create one. RESIDENT: If you .remember some years ago we had the same argument about a trailer I believe it was Cichanowicz proposed putting a trailer up on Indian Neck Lane and we again fought it and were very .happy we did because now they have a beautiful nursery there, and we were afraid and we're a little afraid of. the same thing in'this case. But the trailer is there now for one purpose but it may be used for a different purpose la, er on. SUPERVISOR PELL: Thank you. Anything else, Larry? Anybody else wish to address the Board on this? The'situation the Board-finds itself in now is it did issue a trailer permit.for 's:ix months under certain restrictions the trailer be placed'in a certain spot.' The trailer is no~ where it was supposed to be placed,:a stop work order has been issued on it, and that is where we find the~ Board. 'If the applicant, Nr. Narco does abide by his application, ..put the trailer where he says it would in his permit, the Board has, in my way of thinking, and I~'-m only one member Of the Board, has given this man a permit for six months'under certain conditions, If.he'meets these conditions then it would be up to Town Counsel'.if--the Board would want to revoke it, but after we did already agree, even though I' was not here I still go along with the Board, it.~as, done. There.is a stop work order out now ~n its present location and' it will not be allowed to stay there... Councilman Nurdock. COL~CILMAN MURDOCK: Nay I ask the people ~in the'audience' &f you'-re ~-~ ~amiliar with that property.in that swale do you ~eel. that 'if it were back 450 feet in that swale it would be l'ess offensive for a temporary measure or do you still feel it would be offensive in total?. AUDIENCE IN GENERAL: No. MR. BAUNANN: Well, as it is right now, I think you're opening 'the door for a lot of other, things.~ Aesthetically no way does the thing fit. That's number one. Number two, as indicated earlier, for a victim of a tornado, victim of fire, victim of flood I am sure that every person here would open up their hearts and probably their homes to these people. I don't think this is the case. 'I don't think.it is out of tremendohs need or necessity. I don't personally feel what their needs' are as far as having a caretaker or~ what have you, I don't see where that situation is why they would have.to put a trailer on the property. COUNCILMAN NICKLES: I've listened to what you fol~s from Indian Neck have had to say ton'ight and I think along with the rest of the Board we are sympathetic to your feelings and we understand - what you're talking about and ~¢r. Drum and I both happen to be' involved in real estate business'and certainly we re well aware of the impact that you are talking about. However, I would dis- -' agree to some extent with what you are saying,Mr. Baumann, with the scenario that you drew-when you initially got up to speak. It iS not the intention'of the Town Board to create any precedent. As you indicated, and the other lady over there, Mrs.. Koslowski, I when you bought your property there was a lot of covenants MR. BAUMANN: You are setting a precedent. I can feel' fo~ these people. I personally went through a hell of- a lot of m~ntal agonizing over this matter but I had to weigh very heavily and I spoke to a lot of people and did a lot of thinking about it and unfortunately what you people are doing is you"re establishing a precedent in a residentiall~ zoned area and no way can we accept this. . COUNCILNAN DRUM: That is not so as far as establishing a precedent. ~iOCT©~i~ 6'2, 198i . ' ' - and restrictions on it. These have nothing to d0-'Wi'th the. Kull property, they have to do with the property that-you're o~. TheF have nothing to do with'the Town~ As someone pointed out.that:i2 was a nice idea that somebody was going to preserve -this 135.acres of farmland and use it as some form of agricultural~purpose. Where most of these temporary trailer permits have occurred';they have occurred on agricultural property. There are nice advantages of ' being next tca farm, there are also some disadvantages, and I don't think it was the Town Board's intent to harm an~ .of property values, any of the people in that ar'ea. As Mr.. Murdock and other Board members have indicated, we ~oOked_at 135 acres, we had a plan here that showed the building as 12'fee%_wide. 'The 12 foot end of that building was supposed 'to be 450 feet back from the road and behind all of these our hoBses. ~It didn!t' appea'r-to me, as one member of this Board, that if was going to be an unsightily problem-and it has been, if I understand it, in:the past] something that the Town Board, other Town Boards than t. his One~ relat.i~e to agricultural property have granted on a tempora?y basis, it is not my intention that when the six months is up ~hat. this is going to'be renewed at this point in time. I don't, know wher'e'we"re going to go with the legal aspect of this inasmuch as it has not" c'onforme~ to.the Town Board's permit that-has been g~anted. If he doesn,t conform, I would like to believe that the Town wout-d pr0seeut6 and .force,them to comply. I don't know wha.t else to ad~ to that other than I did bring along the regulations regarding automobile trailers and house cars and it might be beneficial if I read it. .This has to do with automobile trailers or house cars. ".Notwithstand'ing any oiher'provision of this chapter, a single automobile trailer, or house car-may-be located outside a tourist camp only when ~uthorized by the Town Board and subject to such conditions as may'be prescribed by the Town Board." This is a building that I .believe-is 730 'sq. ft. .Ii cannot ever become a permanent s~ructure to meet Our Zoning Code. The minimum house requirement in the Town of Southcld I think is 850 sq. ft. It is my understanding that this~-although ir'is on, I think on some kind of block~, I don"t know that it-"s geing on a permanent foundation or that was the original intent. The Town Board sits here and we~ve been chastised by you.folks tonight and it was never our intention to get so many people aggravated and what we did, I think, was to try to accomodate'-somebody.who is going into an agricultural area and allow them a temporary' dwell, lng while certain modifications occurred' at the major szrUctures'that exist on the ~roperty. --- -~"- - SUPERVISOR PELL: Thank you very much, 'The gentleman right .here, and then: Councilman Murdock wants to. s~y something. ~ JOHN SISINO, Robinson Lane, Peconic: I'd like to ask'a'few questions. Number one, What criteria does t'he Board .~se in issuing these permits? Number two, I'd like to as~ would it be. proper to poll the Board and ask them six months what 'wi-Il their/p~sition be on the ~enewal of this permit? ' SUPERVISOR PELL: We may not be here six.months from now. COUNCILMAN DRD~: I might answer. I issued this as a temporary permit strictly for six month period understanding that it was on 135 acres of land and it was going to be 450 feet .from the road. Strictly temporary. I voted in favor of it under t'hose circumstances. That was my intention. .3~69 MR. SISINO: What I ask, Councilman Drum, the firsz-question-was what criteria does the Board use in granting these'p~rmits? Second of all, six months from now, assuming that you will al~ be here, what position will you take? I think it'is a-fair question to ask now in light of the letter that Mr. Mardo has-sent through his attorney. What position will you take? COUNCILMAN IRUM: At that particular time it was my intention-when I voted in favor of this request that it would be six months and only six months. Now it just so happens i won!.t be here six months from now .... · SUPERVISOR PELL: The criteria--I think I am going to speak for the Board on this. Each application is considered on .the-merits'of it's application. As for the people from Poland We considered that one. The one in Greenport where there was a fire we considered"that one. We have considered each one on its own. merits. .E~Ch.case is different. 370 L~3c:~E~:~ 26~, 1981 MR. SISINO: I might also point out'in agreeing with ~he Board, that There are a number of precedents on Indian Neck that have been there for a number of years, at least 17 years to my.knowledge there were trailers existing on Indian Neck. In certain cases they no longe~ exist and in other cases they continue to exist. I personally aS a,- I don't speak--although I'm president of the' Civic Association for Robinson Lane, I am not speaking in an official capacity, but in light of the letter that was sent by Mr. Marco's attorney I feel in a good neighborly spirit it's a reasonable request onlY with the condition that at the end of six months they abide by what they have stated in that letter that that trailer will be removed. And that's what I would like to know, will this Board abide by'that letter and in six months not renew, or can they? Mr. Tasker, can they? Can the Board deny the people? TOWN ATTORNEY TASKER: I see no reason why they cannot. SUPERVISOR PELL: Absolutely we can deny them. TOWN ATTORNEY TASKER: As a matter of fact most of the applications are denied, and most of the ones that are renewed are on trailers that existed long before we had zoning and they have 'a constitutionally protected right. So legally speaking it is very questionable whether we can ever remove them. _ -- COUNCILMAN MURDOCK: Again, in response to Mr. Baumana. We do' have Iegal mobile homes in Southold Town. There is provision in the Southold Town Building Code. We have an arena ~n Southold towards Bayview Road, towards Goose Creek, I believe there is six and we also have an area behind that where there is one set on a foundation that is in a hilly area. ThOse are the only ones that I think of off hand but I know we have homes and we have provisions that if lhey meet the Town Board's requirements or the Building Department.'s r~uirements, Code requiremen{s that they are 1.egal~ They,do~mee$.~,exis~ing building standards. They may not look like a trailer or m0biie .ho~e any m~re, .we're now into double wides, we're into 24 by 60'-s~!.k~d't~ey no~ call them modulars, as Henry said,'but we do have a ProviSion i~ Our Code and we do have homes in good residential areas'tha~~ are on foundation~ and they are permanent. We would try to'c0ntrol~'~t.cert,ainiy.- If somebody does come to this Town Board that meets the'~rights that they,. ~ have within the framework of our town iaws theYar~:'entitled %o - proceed. . - MR. BAUMANN: Is it not left to the discretion of the Town Board? MR. PISARELLI: I live on Indian Neck Lane and it seems to me that the Board has made a commitment in this judgment as far as-th~s mobile trailer is concerned and I also get the feeling that th'ey.'re not going to rescind the commitment that they .have. I would-like to have another commitment from the Town. Board that they will hold this gentleman to the letter of the law and if he does not confine to the letter of the law that we have at least that commitment tonight that he must confine to his originaI-agreement with the Town Board and if he'does not then you will rescind his permit, to have this mobile home. SUPERVISOR PELL: That stop work order as far as i am sitting in this chair will stay in force until he abides by his original application. MR. PISARELLI: Yes, but I have also listened to the letter which his lawyer eldquently wrote and I hear some sort of things about well, would you be satisfied if they covered it up with trees or fences or so on and so forth. Now, what I am saying is I wOuld like to have a commitment that (~) he has to abide by the'letter of the law and if he doesn't then you will rescind his commitment that you gave him. CbUNCILMAN MURDOCK: There's one way that we would abide by it .and that is if you people feel comfortable that that would ameliorate the problem, and it won't. MR. PISARELLI: Well, ob*iously the group does not, it wants the trailer taken off the property. COUNCILMAN MURDOCK: Well, then as far as I'm concerned t will revert ~eet which as I say .I believe will_~ut it in a swale OCTOBER 6, 1981 - ~ .... 371 COUNCILMAN NICKLES: I was trying to s~ate tha.~ if he does not' put the building where he applied for it that we'tl~have'to proceed with legal remedies that are available to the Town.. That's the way I feel about it. Because I~feel. if' we do what Mr. Tohill has requested, which sounds reasonable ~hen you read it, it is not reasonable when a man shouid.be fairl~ responsible who owns this amount of property hastil, y misinterprets where his building is by two hundred and'some odd feet.and then. he"s asking.' us to put more money into a location by building a berm, which costs money and by planting shrubbery on it that'COSts money, ihen I feel the Town Board is putting themselves~in a precarious position because when this permit comes'up'he.say we have a .har.d~" ship here and you know you guys made uS do this:an~"that-.and.so forth and it cost us a $1,000.00--$5,000.00 or'10~ a~d we now-have a capital investment here. So, eac-h Board member I-am 'sure can' express himself but I certainly feel that I was dismayed--when the fellow put his building so far out of kil.ter with~what' he suggested on his plan and as far as the criteria I think that?.s t'~e same answer. SUPERVISOR PELL: I'd kind of like'to wind this up.. I think we've hashed it out pretty much. I.think.the BOard!.s ~sition--. I hope it is--I know it-'s mine, that the stop work Qrd~ will stay in effect until he agrees mo go to his originalr~quest. MR. PISARELLI: When was it issued? SUPERVISOR PELL: October 1st. RESIDENT: The hole was being dug yesterday~: SUPERVISOR PELL: We Will hav~ the Building 'Inspector' down there tomorrow to see and makes sure that he understands that the.stop work order will stay in effect until .he agrees to his original application. If he does not agree to it then ~he.Board Will have action it can take. _ ..~ -~ ~ -. . MR. S.ISSitNO: Bill, I hate to belabor ~hi's but-I would just.like. to get an answer to one of my original questions.. Can the Board give us a commitment at this time that at the end .of the six month period that permit will not be renewed?. As stated~in ~ir. Tohill's letter he only wants it for--can a rider be attached to the permit saying it is only good for six months? TOWN ATTORNEY TASF~R: The permit has a'specifiC'sixmonth. limitation .... MR. SISSINO: Subject to renewal, though, is ~ not? - ~ TOWN ATTORNEY TASKER: No, it is no~. SUPERVISOR PELL: Each time six months is up they:must file a new application. - MR. SISSINO: Thank you very much. - - COUNCILMAN MURPHY: I'd like to advise people, really., that the Board certainly didn't act to hurt anybod.y.'s feelings, anyone.'s. property values or to cause any problems'whatsoever in-th~ neighborhood. I think we're all in agreement. I'm in the business of making places look nice and John and Henry'sell property and we were the ones that issued the permit. '~ was the one. that signed it ~or 450 foot back in this swale that Lardy'is t~lking about'L where if he was in there and facing the trai'l, er in the right way ~o~ably you wouldn't even notice it no where near as much. It's beyond me how somebody can make a mistake of 100% in measurement to Only go 200 feet when it is supposed to be 450 foot. 'We were the ones, the Town Board, that issued the stop work order to stop this because he was in violation of a permit that we issued in good falth trying to help a man £or a temporary six month solution to a problem-that ~e had. Maybe he was doing the barn, I don't know why,-he came in to the Tow~ Board and asked if we could help him do this and this is what we did. Now, this man certainly hasn't acted in the proper way and certainly hasn't gone by the word of his.permit.and-it was 372 OCTOBER 6, 1981 this Town Board that stop the construction. Now, 'we did make'a commitment that if he wanted to put his trailer 450 foot back, which on a large parcel of land really isn't that bad, for a six month period of time. I don't think it would really hurt.anyone's values and this is how we acted and this is how we're acting now. We're interested in your property as much as you are. COUNCILMAN MURDOCK: I'd just like to remind the people. If anybody has any doubtS that this Town Board, in"these cases, does act and act strongly, if you could find some people, make the'.acquaintence of some people in East Marion who felt the same.as you with this work trailer permit and with the trailer permit. They had to come to the Board three or four times to show us that. the man was not doing what we had said, each time we'd say now he has'to stop t'his and they'd come back and say yes, but now he's doipg thi~, When people are what I would call bad neighbors, their bad neighbors, but with the assistance of the people in the area this Town'Board did insist and insist and insist, and finally we completely rescinded the permit and the State was forced to move and their con%~actor was forced to move. And if it will give you any peace of mind, .if you know some of the people who live on the Main Road in East Marion or if you want to come and pursue the Town records, all the minutes. from our meetings are there, we did act, we-did force.that' trailer to be removed because the people involved with it would not comply and there is no reason why we wouldn't do it here. COUNCILMAN DRUM: You know, we still must take the due process of law. He may tomorrow be digging and there are. certain legal actions that we--and we must take appropriate legal action. MR. BAUMANN: I hate to bring this point up. But just out of curiosity, when you people issue a permit, when you are about to' issue a permit, as a suggestion, you should publicize it. That you go in the local newspapers. ~A lot of us. are working long hours, a lot of us are in the city, sometimes during the week we can't make it to the meeting.~ Permits shoUld go in the papers prior to being issued. Item number one. Number Swo,.before any type of structure is Placed, such as this one/;uthere ought to' be' a survey done, you ought to have survey stake~ ~'::there amd every- one should know where that property has been surveyed. All of us here who built homes had to have about three or four surveys made. I don't understand why no stakes were found to be' put down and no formal surveys done nor any type of inspection made to his farm. If it was, maybe they moved it anyway, I don't know. SUPERVISOR PELL: Good point. COUNCILM~AN DRUM: We had the layout on where it was going to be. SUPERVISOR PELL: If there is not anything else, I would like to adjourn the meeting. On motion of Supervisor PeI!, seconded by Councilman Drum', it was RESOLVED that there being no further business to come before this Town Board meeting adjournment be called at 9:15 P.M. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Petl. This resolution was declared duly adopted. /~/,~u~i~T, Terry Town Clerk