HomeMy WebLinkAboutTB-05/09/1978SOUTHO'[,D TOWN BO.~-~D
May 9, 1978
Executive iSession
During.the morning executive session Mr. Frank Csajko, Mrs. Gladys
Csajko, and Mrs. Haines met with the Boa'rd to discuss the .North Fork
Animal League's proposed shelter. The NFAL requested, at the last
meeting of the T6wn Board on April 25th, that consideration be given
to the Town donating a parcel of land to the LeagUe for the shelter
site. At this time, it was determined.that a parcel cannot be donated,
hoW-ever, if a piece of land is available, arrangements might'be made
to lease'it to the Leag'ue.for a nominal fee. The Board members will
studyavailable Town land and meet with Fir. Csajko~again in the near
future to discuss the matter. A further consideration to look into
will.be the zoning requirements on a parcel of land to he used for an
animal shelter.
A regular meeting of the Southold Town Board was held on Tuesday,
May 9, 1978 at the Southold Town Hall, Main Road, Southold, New York.
Supervisor Martocchia opened the meeting at 3:20 PiM. with the follow-
ing present:
Supervisor Albert M. Martocchia
Justice Martin Suter
Councilman James Homan
Councilman Henry ~. Drum -
Councilman william-R. Pell III.
Town Attorney Robert W. Tasker
Highway Superintendent Raymond C. Dean
..Town Clerk Judith. T..Terry
Absent: Justice Francis T. Doyen.
Supervisor Martocchia apologized for starting the meeting late, which
was due to unfinished business, some of which is still unfinished,
and the Board will recess this meeting at this.conclusion to go back
i.~t~ executive session.
On motion of Justice Suter, seconded by Councilman Drum, it was
RESOLVED that the minutes of :the Southold Town Board meeting held
on %pril 25, 197~ be and hereby are approved.as submitted.
Vote of the Town Board: Ayes: Councilman Pell, Co%ncilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
-Justice:Doyen.
This resolution was declared adopted.
On motion of Councilman Homan, seconded by Councilman Pell, it was
RESOLVED that the next regular meeting of the Southold Town Board
will be ~eld at 3:00 P.M., May 23, 197~, ~at the Southold Town~all,
Main'R~ad, Southold, New York.
Vote of-the Town Board: Ayes: Councilman Pell, Councilman D~um,
Councilman Homan, Just~e Suter, Supervisor Martocchia. Absent:
Justice Doyen.
· This resolution was declared adopted.
On motion of Justice Suter, second-ed by Councilman Homan, it was
RESOLVED that the following audited bills be and hereby are approved
for payment: General Fund Whole.Town bills in ~the amount of $25,033.32;
General Fund Part Town bills in the amount of $12,732.84; Highway
Department bills in the amount of $22,034.85; Fishers Island Ferry
District bills in the amount of $25,839.78; and Federal Revenue
Sharing bills in the amount of~$1,~9~40~88~ · -
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Roman, Ju~s~ice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
Committee Reports:
.Street Liqhts: Councilman Homan stated he met with p~opte
on the street lights last Wednesday, and they are making progress on
changing over all the 92's on Route 25 from Orient to' Laurel~ They
will soon begin reassessing the other 92 watt incandescent lights in
other areas of.-the Tows'so they can begin the paper work on~ them,
and hopefully~within six mo:nths from when the paper work is begun the
work will be started.
police Committee: Supervisor Martocchia stated that:Councilman
Roman, Councilman Drum and he met with Chief Cataldo to discuss'many
police related matters. They have given Chef Cataldo authoriza~tion,
providing a resolution is~opted by the'Town Board, to hire sum~er,
police. The new police cars are coming in this month. They are
reassigning two of the t~ade-ins; one to the Building Depart~ent and
one to Fishers Island. The Chief has been authorized to purchase~a
new boat trailer for the Boston Whalers.
~a Grant Meeting:
Councilman ~um, ~epresenting Supervisor Marto¢chia, attended
a meeting at Southampton College on May 2nd relative to a propose~
center for local government studies, utilizing federal grants. This
center would be established at Southampton College. They would have
a project director and they would utilize the students at the cotlege,
with the consent of the Super~is~rs, to study any problem that might
exist. There would'be an advisory council that would include the
town supervisors and community ~eade~s. This council would approve or
select the studies that the students might-make. The studies could
include town code enforcement~methods, local transportation system,
study disposal problems and an analysis of existing management methods.
This would be at no cost to the local five townships, the colleg~e'is
requesting federal aid. Councilman Drum recommends that the Town
of Southold participate ~in-the~ program~and~Super~isor Marto~c~ia serve
on the advisory c~r~m-i~ ......................
On motion of Councilman' Pell,~' seconded by Councilman Drum, it was
RESOLVED that the following ~ril 1978 reports be and hereby are
accepted and placed on~ file: Reports~of the Supervisor, Town Cterk~,
Building Department, Assessors, Police Department, Trustees, Planning
Board, Appeals Board, Justice Suter, Dog Warden, CAST'S operating
budget for 10/1/77 to 9/30/78.
Vote of the Town Board: A yes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia~ Absent:
Justice Doyen.
This resolution was declared adopted.
Supervisor Martocchia:
1. A study will be made between the' ~.s charged by ~Dr.~Zit~
and a Laurel veterinarian for care and disposal of dogs from~',the~pound.
2. The matter of the bond recommenda~i~n of $.l~5,000!for
Centennial Manor ~Subdivisioq is still pending, s~nce the developer~
objected to the amount.
3. The Board has received .a bill from Briarcliff Landscape,~
Inc. at an amount of $48.00 higher than originally agreed upon. After
investigation of the matter it was determined that the contractor found
one procedure that had been oV~'l~%d in the original estimate ~and
felt it was a necessity. The Board has agreed to pay the additional
$48.00. --
4. Receipt of a letter from ~ in connection with the contract
for ~93,000, Year III. They-request that the Town identify the Census
Tracts in which the parcels of land zoned for Multi-family Housing are
located, and submit that portion of the Zoning ~Ordinance which indicates
the types of Multi-family Housing that are permitted under the Ordinance.
This information w~ll be submitted to HUD before the en~ of this week.
5. Receipt of~ a' letter from ~Qlzmacher~McLendon-Murrel]., rela-
tive to the Solid waste study. They have already m~e their presenta-
tion to the Board, as~has two_gther ~irm~_
6. Letter from the Griswold-Terry-Glover Post, No.' 803, '~merican
Legion~ Southold, Stating they will assume full respo~sibi,lity for
sponsoring the annual Southold Memorial Day Parade on Monday~ May 29,
1978 due to the fact the southo!d_Vg.~er~.of Foreign Wars will be
unable to sponsor this parade.
7. Letter Of complaint from Roger K. Williams, a property
owner in Bay Lake Park, East Marion, relative to 'trash being dumped
on his lot.--- The Board will c.ontact Fir. williams and suggest he place
signs on his property,-.the Town.has .nQ means,~of determining,who has
done the littering.
8. On May 18, 1978 from ~0:30 A.M. to 1:00 P.M.-the 'Senior
A~qc~iq.n Mobile Office, Suffolk County Office for the Aging Will be
at the Southold Town Hall, At that time, there will be legal
counseling ~ailabte from 10:3'0 to 12:30, information and referral
relative to questions on Medicare, Medicaid, tax
stamps, S.S.I. or any other problems. Photo I.D. and DiscOunt
Cards willbe issued, GoldenPark Passes, and general informational
literature.
9. Receipt of a letter from Celia Swin~, a property owner at
WiCkham Park, Greenport, calling the B~ard's attention to the navi-
gational hazard and the environmental deterioration caused by the
~ally dumped cars which prot~.~de out of the water on the We~stern
side of Conklin's Po~nt.-~-Some years ago the tide broke through
and was causing flooding, and with approval from the necessary
authorities cars were sunk to form a dike. A few years ago, Super-
visor Martoc'chia had the Suffolk County Department of P~bli'c Works
look the situation over, a public hearing wa's~ h'eld at Stony Brook,-
but the problem was not resolved.
10. Receipt of a let~r from James Bitses, Southold, President
of the walt ~hi-tman Society, Inc.,~equesting-a grant to that society
by the Town, which would assist them ~n the re-establishment of the
LoCust Grove School No. 6 (Walt Whitman S~hoo~) on i~
the' t~iangular park in' Southold. This schoolhouse woutd bemused as
a cultural center to benefit the people of Southold---The Board has
determined that there. are no funds available for ~sueh a grant, however,
it will be suggested to Mr. Bitses that~he'consider a search for
federal funds for the project and they might discuss such a grant with
the Southold Park District on whose property this schoolhouse will be
locat-ed.
11. The Board has-reCeived from the North For~ Bank '& Trust
Company a.,~i'st of securities currentlY pledged for deposits~ of the
Supervisor. Lists of securities had forme~r been received from
Chemical Bank and the Bank of New York.
12. Letter from,Frank A. DeSantis~ summer resident at North
R~ad and Chapel Lane, Greenport, commending. Police Officers-John
,Ch~arters and Joseph Rei~e~ for their courteous, professional and
efficent conduct in carrying out an investigation at his home which
was burglarized. These letters will be placed in Police Officers
Char~rs' and Reiter's personnel files.
13. The Town of Southold has been serviced_~i~D~,claim in
the sum of~$500,000100 for Timothy Kelly and $100,000. for Ruth-~elfy
to recover-,f~r personal ~njuries. sustained as a result~.Df_a__~all
at the construction site of the Town Hall on February 15, ,1978 at
approximately 6:00 P.M.---This matter will be referred to'Minnesota
~nstruction Corp~,-the general contractor, so they may notify their
insurance company. .
14. Notice from the New__. York State Depgrtment of Env~rg_D~ental~ ~
Conservation re!ative~to a proposed_17 unit .condominium~'and'~two rock
.,j.etties at North Road-, SoDth0.!d by Sea Breeze V~l~ag~..' 'T~e~-Coun-ty of
Suffolk will be the,lead~ ag.e~cy_in e~vironmenta! impact, studies~ in
this applica~tion for~ Tidal Wetland and S~ate-Pol.!utant Discharge~
Elimin~tion System pe~i%s.
L5. Re~ques-t from the,Greenport Fi-re Department for a donation
toward. ,a bfon.ze-~t~ue~- ,th~~ ~'~artment pla~s t~, e,~ct ,~.n memory of
Richard A. Sycz and Edward Bruce Bellefountain~, deceaaed firemen,
and in memory of all decease~3 firemen.---It h~s been determined the
Town iteself canno~ donate to such a fund, but the Board members will
individually make don~-ti0ns .....
16. Request-~rom Gerald J. Cibulski, President, Laurel Country
Estates, Laurel for the installation of street liqhts at .the inter-
sections-o-f D~lmar. Drive and Joseph Str~,et%_ Delmar Drive and Gina
Street and Delmar 'Dr~9 and-Emma Drive.----This request has been re-
ferr, ed-to .the stre~t~Lightin~,comm£ttee for a study. _
17. Letter from Bernadette:Walsh.,.~ owner of the Sandpi,per,-
Fishers Island requesting a.chanqe of zone on her property on~ Fishers
Isla~d-.---Mrs.,Wa. lsh will-b~ ~upp~lied the necessary' forms for a change
of zone application .... - . .
Supervisor Martocchia offered the following,PROCLAMATION for NATIONAL
SALVATION ARMY WEEK. Ma~ 15 r 21,. 1978
WHEREAS,, The- Salvation, Army show~ its love for God by its practical
service to -mankind, ' ~ ~'
WHEREAS, It extends its friendship to all, with no regard for. color,
creed, or nationality,
WHEREAS,_ Its dedica%e.d minis-tr~ has made life better for many of our
fellow citizens,
NOW, T~EREFORE, I, supervisor Albert. M. Martocchia, do<~ proclaim the
period of May 15-21, 1978, as Na,tion,al. Salvation ~y W~k-'~hd ~e-
all citizens to ]0in ~e in honoring ~his organization which enriches
ou~-township in so many ways. .
(This proclamation will be..published in-The. Long Island Tr,aveler-
watchman, Inc. and the Suffolk Times.)
On-motion of Justice Suter, seconded by Councilman Drum, it,was
RESOLVED that the Mattituck Senior Citizens be and hereby are
granted permission to hire one bus 'a~6~3',~O~'~r'~h 0~ernight bus
~rip to ~ancaster, pennsylvania on October' 16 and 17, 1978; and twe
bu, ses,'a-t $280.00 -and,S266.,00 for a one day trip to Pomono, New york ~
on. August 15, 193~.
Vote of the Town Board: Ayes: Councilman Pell,, Comncilman Drum,,
Councilman Homan, Justice:Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
(S-upe~visor Martocchia stated that over.night trips-are generally
not all6wed, ~h~eV~r., it~ wa,s brought to. the Boa~d',s attention t~at
they wanted to go to Lancaster~, Pennsylvania~,~.and it is a ~ong_trip,
by the time they get there and have dinner it is time to come home
again so theyasked if they ,could stay 0~e~ni~ht, at their expense,
of course. It was discusse~-~bout a month and a half ago and the Board
relaxed' ~a~ li.~'due to. ~,~e-conditions of the length o,f the trip.) ,
On motion of Counc~ilman Homan, seconded by Councilman PelL, it was
RESOLVED that the Town Board hereby approves-the action of the Fishers
Island Ferr~ District in accepting the on-ly bid received, that 6f
'the Thames Shipyard and Repair Company of New London, Connecticut%
for the ,~aul out of the\M/V Olinda a~d th~ related ,v~rk ~ereon,i,~ the
amount of $19,083.91; and be it further
RESOLVED that additional items of work in ,the amount' of $4,043.00
may he-accomplished if required by the U.S. Coast Guard.
Vote of the Town Board: Ayes: Coun~ lman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution we-' declared adopted.
Supervisor Martocchia:
18. Notice from the Department of-the Army, Corps of Engineers,
upon application of Cross Sound Ferry Services, Inc. for permission
to maintenance dredge within their ferry slip at their terminal at
Orient Point. .Objections by May 27, 1978.
19. Last year a study was made of the entrancerand-exit
to the ~ng lot in Southold ~7~]]~g~ opposite the post office.- The
study showed that the entrance and exit as they presently are are
hazardous and should he-.reversed. SupervisDr-Martecchia eonsulted
the Southold Association of Merchants and they agreed the change
should be made. Highway Superintendent Dean will.make the change
in the near future.
Moved by Justice suter, seconded by Councilman Fell,
WHEREAS Stanley S. Corwin, a/c Frank S. -Rosenberg and-Margaret E.
Rosenberg applied to the Southold Town Board for a permit under the
provisions of the Wetland OrdinAnce of the Town of Southold, applica-
tion dated February 23, 1978, and
WHEREAS said application was referred to ths Southold Town.Conservation
Advisory Council for their findings and recommendations, and
WHEREAS a public hearing was held by the Town Board with respect
to said application on the 25th day of April, 1978, at which time
all interested persons were given ~an opportunity to be heard,
NOW, THEREFORE, BEFIT RESOLVED that Stanley S. Corwin, a/c Frank
S. Rosenberg and Margaret E. Rosenberg be granted permission under ~the
provisions~of the Wetland Ordinance of the Town of Southold~for main-
tenance dredging at the head of Stirling Creek, south-side of Champlin
Place, ~reenport, New York, and to deposit some of the excavated ~'
material on adjacent land, and be it further. ..
RESOLVED that the following condition be placed upon the granting
of th~s permit: Applicant must find a means to secure deposited
material on the east bank~of the project.
Vote o'f the~Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adq0ted~
Supervisor Martocchia:
20. The applications for .change of zone,by Aliano & Krupski
and by North Fork Manor, Inc. have been reviewed.b~ the Board and
they examined the properties last Friday. Before they make a decision,
the Board would like to discuss the applications further.
21. On the Matter of the Orient Historical District, Supervisor
Martocchia held a ~meeting with members of the Oyster Ponds Historical
Society, Rita Woglom, President. He has been in contact with Albany
and Babylon for the necessary details and information. The information
will be forwarded directly to the president of the historical society.
Applimtions must be in by June. After that date a determination
will be made if the applicants are eligible for funds for 1979.
22° The Board is in receipt of an application for a sceni~
and ~onservation easement from Roy Latham, Orient. This application
must be returned for deletion of a portion of the property containing
the residence and barns, which me~s a new metes and bounds descrip-
tion and map. Upon receipt of the corrected application a date will
be set for a public hearing.
on motion of Councilman Pell, seconded by Justice Suter, it was
RESOLVED that George ~. Fisher be and he hereby ~s appointed Senior
~uilding Inspector from the civil service list at $'14,000.00 pe'r ~
year effective May 16, 1978.
Vote of the Town Board: Ayes: Councilman Fell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
On motion of Councilman Homan, seconded by Councilman Drum, it was
RESOLVED that william Curtis Horton be and he hereby is appointed
Building inspecto~ from the civil s~rvice list at $10,000.00 per
year effective May i6~ 1978%
Vote of the ToWn Board: Ayes: councilman Pell, Cou~cilman'Drum,
Councilman Homart, JustiCe Suter, Supervisor Marto¢~hia.- Absent:
Justice Doyen.
This resolution w&s declared a~pted..
On motion of Councilman"Drum, seconded~by Councilman Pell, itwas
RESOLVED that the Town'~Board'of the Town of Southold-ratifie~ the
aDpoin~ment. 0f Linda Kowalski'by Supervisor MartocChia on May 1,
1978, and hereby appoints Linda Kowalski from the civil service
list effective May 9, 1978 at a salary of $6,500.00 per year.
Vote of the Town,Board: Ayes:- Councilman PelI, 'Couhcilma~ Drum,
Co~nci~n~o~a~,.~Justic~..Su~, s~pervisor Martocchia. ~Absent:
stice~Doyen
Ju
'This resolution'waS declared adopted
Supervisor Martocchia appointed Babbette Conroy as his secretary
in an Exempt posi%ion effective May 9, 1978 at a salary of $6~500.00
per year.
On motion of Councilman Homan, seconded by~couhcilman Pell, it was
RESOLVED that the Town-Board of the Town of Southold wil~ ~old~ a~
public hearing ~t the So~th01d'T6wn-~Hall; Main ROad, SOuthold, New-
York on the 6th'da~ of j~ne, 1978 at 3:30 P.M., at which tim~ ahd
place all interested persons will be given an opportunity to be
heard upon the following matter: "A Local Law providing f6r the
Establishment and Operation of Recreational Vehicle Parks in the
Town of Southold," which reads as follows:
I. Chapter 88 of the COde of the Town of Southold is hereby
amended by adding a new Article thereto, to be Arti~cle II to ~ead~
as follows:
ARTICLE II
RECREATIONAL VEHIC~R PARKS
Section 8802-. Definitions
For the purposes of this Article, the terms used herein
are defined as follows:
RECREATIONAL VEHICLE - A portable vehicular unit designed.and built to
be used for temporary living quarters for recreational,_ camping, or
travel uses, which either has its own motive power or is ~ounted-on
or drawn by another power driven vehicle,, including travel trailers,
motorized homes, pickup coaches and Camping trailers, registered and
licensed for normal use~Qn the highways of,the State of New York.
P~ECREATIONALVEHICLE PARK --~ p~r'C~l-of land ~"~i'n~le'~o~n'ers~ip,
designed and improved for the placement of tents and recreationa~ ve-
hicles as temporary living quarters for recreational or vacation uses.
RECREATIONAL VEHICLR SITE - A plot of ground within a recreational
vehicle park intended for the accomodation of a recreational_vehicle.
CAMPSITE - A plot of ground within a recreational-vehicle park
intended f6r the accommodation of a tent for recreaticn'aluand vacat'ion
uses.
Section 88-21. Site requirements
Each recreational vehicle site and campsite shall be well-de-
fined and permanently marked and shall meet the following requirements:
A. Each site shall have a m~nimum area of two thousand five
hundred (2,500) square feet.
B. Recreation vehicles and tents placed upon a site Shall have
minimum front yard and ~ide yard set backs of fifteen (15) feet and a
minimum rear yard set back of ten(10) feet. - ..............
C. The area of each site within five (5) feet of the street
or roadway shall at all times remain unoccupied and unobstructed.
D. Each site shall have a minimum of fifty (50)feet frontage
on a street or roadway ........
E. A recreational vehicle~'~r'-tent placed upon a ~e shall
not occupy an area in excess of fifteen (15) percent ofthe total
area of the site.
Section 88-22. Roadways And driveways
A. Ail two-way roadways and driveways within the park shall
be not less than twenty-four (24) feet in width, and all one-way
roadways and driveways shall-be not less than fifteen (15) feet in
width, and shall be constructed in accordance with the Southold Town
Highway Specifications as to base, surfacing and drainage facilities.
B. There shall he aG least one exterior two-way roadway or
driveway extending around the perimeter of the parkl
Section 88-23. Other requirements
A. Recreational Vehicle Parks shall be in operation-on a
seasonal basis only, during the period from April 1st to November 30th
in each.year,
B. No recreational vehicle or tent shall be accommodated in a
park for more than thirty (30) days in any calendar year.
C. No recreational vehicle or tent shall be permitted to
remain in a park during the period from December 1st to March 31st
nor during any ~ther period when such park is not in operation.
Section 88-24. Compliance with-other laws
~The establishment, maintenance and operation of~ a Recreational
Vehicle Park shall comply with and~be subject to all of the provisions
of Sections 88-1-to 88-19, inclusive, of this Chapter, not i~con-
sistent with~this~Article II ....
II. This local law shall take effect immediately.
Vote of the Town Board: Ayes: Councilman Petl, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
SupervisorMartocchia:
23. The Town Beachr Concession was authorized to go to hid
at-the last meeting.. The bid opening will be at 3:00 P.M. on May 12,
1978.
On motion of~Councilman Pell, seconded by Councilman Homan, it was
RESOLVED~that Supervisor Albert M. Martocchia£he~and?he,-hereby- is
authorized to advertise for sealed~bids, to be opened on May 1,9;
1978 at 3:00 P.M., to furnish and deliver to the Town of Southold
50-0-~bushels of spawning~'uncertified cl~ms~ in~acc~rdanc~ wi~h the
specifications which will.be on file in.the Town Clerk's Office.
Said bids are subject to the approval of the~ ~epartment ~f Environ-
mental Conserva~ion~of. %he-State of New York ..................
V~e-of-,~he.~wn Board: Ayes: Councilman Pell, Councilman3 Drum,
Councilman Homan, Justice Surer, Supervisor Martocchia. Absent:
Justice Doyen. ~ ~%3--
This resolution was declared adopted.
Supervisor Martocchia: ~ ' ~ c .. ~
24.
In the~ bDdget there ar-~e3so~me p~o_vis£ons for a tennis
court at Fishers Island. The specifications are being sent to
Fishers~Isia~d for study b~fore gQing to bid. .
Moved by Counciiman Drum, se6onded by Justice surer,
WHEREAS a_proposed~.Loca~'iLaw_was i~troduce~ ~ a meetin~ 6f...th~s
board heid on the 2nd day of May 'i97~7, and
WHEREAS a public he~ri~g was held thereon by the'Board~-0n,. ., ,, the.~ ,19th
day of May, 1977,'~'~-which time all interested_~, persons~ .... . were. glven..~
an opportunity to'be-~ear~ ~he~n,
Now, THEREFORE, BE'~iT''RESOLVED tha~ Local"Law No. 3- 1978 ~e ehacted
as follows:
-
A Local Law Pursuan~ t~-A~tide 8 o~ ~he'N~
York Environmental ConserU~ti0n Law providing
for Environmental Quality Review
which may have a significant Effect on the _
Environment ..... . ~. .
Be it enacted bY the Town Board of the Town of Southold~as
follows: ~_ ~
The code of the Town Of'Southold is hereby amended by adding
new Chapter thereto to be Chapter '44, to'read as-follows:
Sectbn 4~-1 - Title
This Chapter shall be known and may be cited as the.'~Environ-
mental Quality Review Law Of-the Town Of Southold'~.'- -
Section 44-2 - Definitions
(a) -"Rules" mean Part 617 of Title 6 of the Codes, Rules,
Regulations of the State of New York, adopted by the commissioner
of
Environmental Conse~ation. '
(b) "Town" means the Town of Southold.
~' (c) ,,Town,Agency'' means any dep~rtment, board, .commission,
officer-~or empToyee of the Town of Southo-ld~ "
(d) Except as otherwise provided in this section,.or unless
the context otherwise requires, the words-and ph.rases used in-.this
Chapter shall, for t~he purposes of this chapter, have the meanings
re-spective'ty a~scribed-''t~ them. by,Article 8 of the Environmental
Conservafion Law and Part 617 of title .6.of..the-.Co-des, Rules., and
regulations of the'~State-~of~New'York (NYCRR).
~ ~-~ '~ Section ~4-3 - Compliance ~ '
No decision to carry out or approve an action, other than an
action listed in Section 44-4 (b) hereof or Section 617.12.o,f',the Rules
as Type II Action, shall be made by a Town Agency until th~Te has been
full compliance~with all requirements of tt~is Chapter and the Rules,
provided, however, that nothing herein shall be construed as prohibiting=
(a) the conducting of contemporaneous environmental, engineer-
ing, economic ~fe'asibil'ity~or ot~er.studies-and preliminary..plan~ing
and-budgetary-processes necessary to the formulation of a proposal.for
action which do not'commit'the Town to approve, commence.or en~age in
such ac'tion, or '" '-
(b) the granting of any,part of an, application~which relates
only_to-technical specifications and ,requirements, provided-that no
such partial spproval shall entitle or permit the applicant to commence
the action until all requirements of-~this Chapter and the Rules have
been fulfilled.
Section 44-4 - Types of Actions
(a) Consistent with the Rules and the criteria therein, the
actions listed in Section 617.12 of the Rules as Type I actions, are
likely to have a significant effect on the environment.
(~b) Consistent with the Rules ~a~.n~ the criteria therein, the
actions listed in ~Section ~617.12 of the Rules as Type II actions,
are deemed~not to have a significant effect on the environment.
9
Section 44-5 - Statement of Environmental significance
~ ~For the purpose of assisting in the determination of whether
an action may or will not have a significant effect on the environment,
applicants for permits or other approvals shall file s written state-
ment with the Town Agency having jurisdiction setting forth the name
· of the applicant, the location of the real property affected, if'
any; a description of the nature of the proposed action; and the
effec~ it may have on the environment. In addition, the applicant
may include a detailed statement of the reasons why, in applicant"s
vieW, a proposed action~-.may or will not have a significan~t,effect on
the environment. If the action involves an application, the statement
shalt be filed simultaneously with the application for the action.
~Tbe statement required herein shall be upon a form prescribed by the
Towni~nd shall contain such additional relevant information as may
be required. SUch statement shall be accompanied by drawings, sketchss
and maps, if any, together with ~ny,~'t~er relevant explanatory
material required by the Town Agency.
Section 44-6 - Notice of Completion of Statement
Upon receipt of a complete application and a statement, the
Town Agency shall cause a notfce thereof to be posted on the Town
Clerk'S signboard and may also cause such notice to be published
in the official Town newspaper describing the nature of the proposed
action and stating that written views .thereon of a~ny~person<shal~ be
received by. the Town.Agency no la~er~%han~a~da~e specified~in such
notiCe.~ .... : 'u -' - ..~
Section 44-7- Determination~of E,n~irDnmentat Significance
(a) The Town Agency shall render a written determination
on suc~'appt'ication' within,.15 days.following~reueipt_of a complete
application and statement, provided, however, that such_period
may be extended by mutual agreement of the applicant and the Town Agency.
The determina~ion.sha~ll,'state whether.such_~roposed actio~may or will
not have a significant effect on .the environment. The Town.~Ag~Ey~ may
hold info,ma,1 meetings.with,the applicant and may meet with and consult
any~other ~person for the purpose, of aiding it,%n~ma~i~a determination
on the application.
with, to the extent practicable, other time limitations provided by
law~.rule or. regulation of~.the Town. : ~
,Section 44~8 - Procedu~e Af:te~ Determination ~.,~_
- -(a) If the Town Agency'determines t~at the proposed, action
will not have a significant:effect'on the environment, the Town
Agencyshall ~prepare, file and circulate such determination as re-
qui~e~ by Sectio~ 61~.7Ib) of~the Rules~and_thereafter the proposed
action may be processed without further regard to this Chapter.
~(b) If the'Town Agency~.dete~mine,s~that~the proposed action
may have a significant effect on the environment, it:shall-prepare,
file and c~rculate such determination as required by Section 617.7(b)
of the Rules ~and ~thereafter _the ~roposed action ~ shall, be . reviewed and
processed in accordance__wi~th~ th~-provisions~ ~f this. Chapter.and ~he Rules.
. - Section 44-9 --Preparation~of ~raft~Environmental Impact Statement
~ollowing'a.determination~that%a propos:ed-actio~:may_ha~e~a
significant ~ffect~on~.%he.env~ronmen.t,-the Town~Agency-s~hatt, in
accor.d~nce wi:th ~he provis~o,ns~of the.~Rules:-~,~ ~.: -':~ : _~
(a) In the case of ~an'acti~ ihv61ving~an applicant, ~.mmediate.ly
notify ithe applicant of the determination and request the applicant
to prepare a. draft ~nvi~onmenta~l~impact ~statemen-t-. .... . .......
(~b) In the case of:an action not invo!~ing an-applicanL,
prepare or cause to be prepared a draft environmental impact statement.
(c) >:I.f the applicant .decides_nQ~ to submit a dra~ft~nviron-
mental impact statement, the Town Agency shall pr~are or cause such
statement to be prepared,-or in its:discretion, notify the~applicant
that by :reason ~of~ applicant's decision not to submit such statement,
-%hat. his applicati'on is deemed to be withdrawn and no further action
.will:be taken hereon~ ~The.~-Town.Ageqcy may ~equlre ~aDplicant to submit
a fee to.-d~fray the expense of .~he preparation and/~o~ .review Of such i..~
statement. ' .....
Section 4.4,10- Notice of 'Completion of Draft Environmental
Impact S~atement- -~
_ .-(a) Upon-completion~of a d~a~t e.n~ironmen~al, impac~: statement
-p~epared by or._at. Lhe~request of the Town,Agency,'¢ a Notic~ of Completion
containing the. information specified in Section 617.7 (d). of: th~ Rules
~hallbe.~.epare~, filed and circulated as pro~i-de~.i~ Sect.~o.n 6~!(e)
and (f}-of~ the-Rules. In addition, such notice sh-all be published-
.in--the. official Town newspaper and a copy ~the~eof posted o~.the ~own
Clerk's signb.oard.-_Copies~of,~the-draft environmental-impact.statement
and the Notice of Completion shall be filedr sent and ~mad~ avail~b!e as
required by Section 617.7(e) and (f) of the Rules.
(b) I.m .the~.event that the Town Agency determines that a public
hearing shall be held on a draft environmental impact statement, notice
thereof shall be _filed, ~ci.r~ulated and .s~nt~in..the same man~er as the
Notice. of. CompleLion and shall be published in the official Town
newspape~ a% leas~ T.~n.~days'p~io~ ~o such public hea-ring. Such notice
shall also._state, the pl.ace where substantive written comments on the
draft environmental impact statement may be sent and the date.before
which such comments shall~ be, ~eceived.-T~he ~eari~ng shall commence
no less than 15 calendar days, nor more than 60 calendar days of the
filing of the draft environmental impact statement, unless the Town
Agen.cy.'determ~nes-tha~ additional ~ime is necessary for the public
or other, agency review of the-draft environmental impact statement or
where a different hearing date is required as appropr, iate-under other
applicable law.
Section 44-tl--~.'Determination on~ Draft~ Environmental.. Impact
statement.
If on the basis of a draft environmental impact statement ~or
a public hearing thereon the Town Agency determines tha~-~an action
will not have a significant effect on the environment, the-proposed
action ma'~y be processed without further,.regard to .this~.Cha~p~er.
Section 44-12 - Preparation of Final Environmental Impact
Statement.
The Town Agency ~sha~ll ~prepare .or cause to be prepared, or
direct _the applicant to prepare the final environmental impact state-
ment. .Such final environmental impa.ct~.sta~tement shall ~e 'pr..epared
within::&5 days af. ter .the'-'close:of any hearing or within 60 days
after the filing of the draft anvironmental impact statement, which-
ever last occurs, . Notwithstanding the .foregoing, the Town ~Age~y may
extend~ such~time:when necessary to adequately complete the. statement,
or where .problems .identified~wi~h the.proposed action require material
reconsideration or _modification.
.. Sectioa _44'-13 - Notice of Completion of~Final Environmental
Impact statement.
A Notice of Completion of a final environmental impact statement
shall be prepared , filed, and sent in~ the same manner as provided in
Section 44-10 hereof and shall be sent to all persons to whom the--
Notice of Completion-of the draft environmental impact statement was
sent. Copies of the final .environmental impact statement:
shall be filed and made available for review in the same manner as
the draft environmental impact statement.
Section 44-14 - Determination on Final Environmental Impact
No decision to carry out or approv~ an action which has been
the subject of a final environmental impact statement by a Town Agency
or by.any other~.agency shall be made until after the filing and con-
sideration of the final environmental impact statement. Where the Town
Agency has been the lead agency for an action, it shall.make~a decision
whether or not to approve the action within 30 days of~the filing~of
the final environmental impact statement.
section~44~15 - Preparation ~of Findings 7..
When the Town Agency decides to carryout or_approve an action
which may have a significant effect on the environment, it shall make
the following, findings ,in a~written determination: ..... : ~
(a) consistent with social, economic and other essential
considerations of state policy,~to_the maximum extent~practicable, from
among the reasonable alternatives thereto, the action to be carried
out or approved is one which minimizes or avoids adverse environmental
effects, including the. effects-disclosed in the relevant environmental
impact statemants, and.
(b) . all practicable means willbe taken in carrying out. or
9pp~oving the ~action to minimize or avoid, adverse environmental.~
effects.
Section 44-16 --Filing Findings
For public information purposes, a copy of the determination
shall be filed and made available as~provided.by~the Rules.
Section 44-17 - Public Inspection of Files ....
~he Town sh~l!~maintain files open.for public ~nspect±on of
a~l~Notiees of~Completion, draft.and f~nal environmental impac~ state-
ments~and written determinations prepared, or caused to be prepared
by a Town Agency ....
Section~44-18 - Actions Involving More. ThanOne Agency
Where mo~e than one-agency, or department is involved_in an
action,~the proce~ures:gf~$egtions617.4 and_617.8 ~f the Rules shall
be followed
Section 44=19- Actions~Exempt ..........
Actions undertaken or approved~prior to~he dates specified
· n A~ticIe 8 of the Environmental Conservation Law for lo~al agencies
.shall be~.exempt from~this local-law and the provisions of_Article 8
.of-the Environmental~Conservation~.Law~and_~he:Rules, provided, however,
that.if after such dates a Town Agency modifies an action undertaken
or approved prior to that date and such agency~-determines~that ~he
modification may have a significant adverse effect on the environment,
such modification shall be an action subject to this local law and
Pa~t 617~of Title
section 44-20 - Fees
~ - Where an action s~bject to ~his Chapter-involves. an-applicant,
a ~ee~shall be paid to.the Town. to defray the costs of. preparing and
reviewi-ng environmental impac~ statements.- Such fee~ should be-in the
amount of the actual costs to.the~Town as determined by-the TOwnAgency
having ~urisdiction,. provided, however~ ~hat such~fees shall~not~_ex-
ceed one-half of one percent of the action's total cost to~ the appli-
cant-. ..... , ............. - .......
se~ion 44-21~ ' · -
-3 ~ ~ ~ This locat--ta~ shall ~a~e effect immedia~ety~
~0te of the~Town Board~ Ayes: Co~ncilm~n-Pel~'~d~u~d~t~a~Dru~,-
~C0uncitman Eoman;~Justice surer, supervisor Martocchia. AbSent:
Jus~ice~Doyen. . ..... : ~. ..~- _~_~ ~£. . .
This resolution wa~ declared adopted.
On motion of Councilman Hgman, seconded by Councilman Pell, it was.
RESOLVED that the following' petty cash-fund~ belahd-~er'eby'-are
established: Justice surer - $200.00; Chief cataldo - $100.00;
To~n clerk T~rry:'= $1~0.00~
vote-of-~-the Tow~'~o~rd:~ Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice~Doy~n..
This resolution was declared adopted.
On motion'of Councilma~ Drum, Seconded by Justice surer, it was
RESOLVED that the Mattltuck Chamber 'of commerce, Inc. 'be and hereby
are granted permission to close Love Lane, from Main Road to Pike
Street, Mattituck, between the hours of 8:00 A.M. and 6:06 ~.M. on
Saturday, jut~ 15, -i978, for the purpose of holding "Mattituck S~le
Day , providing the proper ~nsurance is obtained to hold ~he T0~
of Southold harmless.
Vote of the Town Board: Ayes: CounCilman Pell, Councilman Drum,
Councilman Homart, Justice Suter, Supervisor Martocchia. Absent:
JuStice-DOyeh. _ ......
This resolution was debt,red-adopted.
Supervisor Martocchia: ~
25. Notice of application to the New York state Department of
Environmental Conservation by Richard I. Purhetl, fo~-permi~sion to
donstruct an open t~mber dock~ ramp and float i~Ai%tt~ Hair'HarbOr,
north §ide=Equestrian AVenue, Fishers Islandl comments may. b? sUb-
mitted until June 1, 1978. ~ -'~ - ......
26. Notification from the Long Island Railroad that they are
contemplating the rehabilitation of S0und-Ave~ue, Mattituck on
June 6 and 7 and Wickham Road~ Mattituck on June 8, 1978. The
~ork involved wilt-'necessitat~ the complete ctosing'-~f ~ach crossing
on th~-day~scheduled from'9 'AM to ~ PM~~- They wilt~provid~~ th~~'~'
necessary flagmen, detour signs and crossing protection; th~y-.Will
also notify the Suffolk County police, local fire departments and
local school districts at least 24 hours in advance of the~start of
work.
27. Notice from the Department of the Army, Corps of Engineers
relative to application of~arb0r's Light A~So¢ia%ion, So~th~
for.maintenance dredging of their canal. Objections by June-4, 1978.
28. Receipt 6f notification from the New Yor~ state D~partment
of civil Service approving the retention of John wickham as Chairman
of the Planning Board through May 31, 1979.
Moved by councilman Homan,,seconded by Co~nc~iman Peil, ..- ~ -
WHEREAS: The Town desires to enter in~e-an~gkeement for the;cleaning
of the uniforms of the members of the Southold Town Police Department,
and,
W~LEREAS the Village Dry Cleaner & Laundry, has offered the lowest
proposals for, the'charges for~such~cleaning% now,-theref~, be it
RESOLVED ~hat the-Village Dry-cieaher & Laundry, Greenpo~, New-~ork,
he-engaged to perform the~cleaning service required b~ the~Town fo~
~he-uniforms Of' the-.m~mbers of'~ the Southold-T~wn~pot~Dep~tm~nt~
fOr-~the period commencing May 1, 1978~and ending April 30, 1979, and
it is~further - ~
RESOLVED that the Village Dry Cleaner & Laundry agrees to charge
the unit price for each item as follows:
Uniform Trousers 75¢
Uniform Shirts (woO1 only) 50¢
Uniform Jackets 75¢
Vote of the Town Board:
Eisenhower Jackets
Outer Jackets
New Jackets
Heavy Liner
Light Liner
Hats
Ayes:
95¢ -
$1.25
$1.25
2O¢
' 10¢
.... N6 Cha'~g~~ ' ' - '
Councilman Pell, councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
~his resolution was de6iared 'adopted.' ..........
Supervisor Martocch~: ....................
29. Item 21 on the agenda refers'to-the'sale of the Town'
._~Clerk's 1Building.--Town Attorney Tasker stated that the Board advertised
for bids and awarded the contract until they received a notice from
the federal government_impqSihg conditio~ on'the moving and r'esto~a-
tion of the building. The'conditions ~ere such conditions as legally
imposed by the New York' Sta~e Hist~z~ Office. This was the first
Mr. Tasker had heard that anything had been done historically about
the building. The Supervisor had written a letter in November indi-
cating that it was a historic landmark and it st~rted~ the whole ball
rolling. Further investigation indicates it'is not a historic land-
mark and it never was. No~ ~hey are trying to get it all'straightened
out'so the sale of the Town Hall OffiCe B~ilding may be consummated.
At this point, the State has lost their file and are searching in
their archives to find out what they didl---supervi~or M~rtocchia'
stated that ~everal years ago a local organizadion placed a plaque
on the building but it was never registered with the State of New
York or the Federal Government. -" '
On motion of Jusbide Suter, seconded by Councilman Homan,
WHEREAS the Sac_ red Heart R.C. Church, Cutchogue, Nww York has
applied to the Town Clerk for a Bi~go L%cense, and
WHE~AS the Town Board has examined'the application~ and after
inves{igation, duly Lmade finding~ and'deberminatiohs as required
by law, ' -'
NOW, THEREFORE, BE IT RESOLVED that the Supervisor be and he hereby
is authorized and directed to execute~oh behalf of'the'Town Board of
the Town of Southold the fihdihgs ahd determination~ as-required by
law, and it is further
RESOLUED that the Town'Clerk be and She'hereby ~s directed to issue
a Bingo License to'the Sacred H~art R.C. Church, Cutchogue, N~w
York. -~-
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman'Homan, Justic~ Buter, supe~viso~ Martocchia;-' Absent:-
-Justice Doyen-'. -i
This resolution was declared adopted.
SupervisQr Mar~occhia: .......
30. Notification of the'Department of the Army,'upon-applica~
tion of Stanley S. Corwin, Greenport for permissiOn to-do maintenance
dredging at Stirling Creek, Greenport. Objections by May 25, 1978.
~1. Another notice from the Department of-the-Arm~', CorDs
of Engineers relative to application of Robert W. Martens, East-
Marion,-for permission to'maintain existing timber bulkhead ~d~-
approval of fill and maintenance dredging at Dawn Lagoon, Etirl±n~,
Greenport. .Obje~ti6ns 'by May 15, 1978~ .....
On motion of Councilman Homan, seconded by Councilman-Drum, it was
RESOLVED that Ch~f Carl Cataldo be'and h~ hereby is au'thorized to
hire the following.six individuals as summer poli~e effective May
26, 1978;. Martin Flatley, Michael Finnican, Johff Baglevi, Stanley
Becke~, Theodore Beebe, Jr., Patrick ~inclair.
Vote of the Town ~oar~-'~: Ayes: councilman- Pell, cOu'n~lman Drum,'
Councilman Homan, Justice Suter, Supervisor' Marto~chia. Absent:
Justice Doyen.
This resolution was declared adopted. -
Supervisor Martocchia: ~ ._
32. The Board had a proposal submit~'d' ~ th~m at the last
meeting relative-t6 an animal shelter by the North Fork Animal League.
There was a brief ~eeting with Frank csajR0~ ~ladys csajko and Mrs'.
Haines this morning. The Supervisor is g0~n~ tQt, gppoint a committee
to review the request of the League for the Use of Town owned land as
a site.for~the shelter. . .....
Mrs. Gladys csajko asked i~ the Board know~ what-each'per~on is being
charged for the senior citizen ~us~trlp to Pennsylvanla.-r-Supervl~or
Martocchia stated he do&s n~t know.' MrS. C~sa~o~
Mrs Dorothy Armbrust the tour director for the Mattituck Senior
citizens to determine the cos~t.. ........
Mr~Cha'~les Hiok~y"~sked, ~ ~ whether the tennis courts
i~lan~-are cemen~ Courts or clay cour%s?-?-superviso~ Martocchia"stated
they.a~e~bla~ktop, The'Board haS'~some SPecifications from the last
courts.built, but it was 3ust resurfacing a~d ~ddition of chain'iink
fence and~%he total was a~out ~9,000. it is noW five to six years
later.so the cost will undoubtedly be more.
O~ m~tionof ju~i~ Sute~,~sec'~nded by Cou~]man~Drum, i% wa~~
RESOLVED~t~at the~e.being~no._fu~ther~business to come before thls
Town Board ~eeting at ~his'~imei-~a rec~s~be C~!~ed~at 4:051P.'M.,~
meeting to reconvene at 5:00 P.M.
Vo%~ of the Town Board: 'Ayes~ ' Councilman Peii~ Councilman D~um,
Councilman HomaD, Justice surer, Supe~vis0r Martocchia. Ab~nt:~
Justice Doyen. _ ......
This resolution was'declared adopted~ ~ - . .... ·
Meeting recon~ened at 5:00 P.M., ~Councilma~. pell, Justice.~ Doyen
a~sent.
The BOa r~ dis~us~ed ~he'.~han~e~of ~ne. applica~ions o~ Aliano &
Krupsk~ a~d ~°rth~F0r~Manor,. Inc.~ a~ great length. '~his mat%~
will b'~ brought up a~a~ at the next board meeting on May'23rd~
The Board discussed the matter of. the summer recreation ~ro~ram
~o~ ~he Schoois, and the~requeSt '0~ Gr~enPort S~o01.~'to 'hold
Program during the fall. It was the unanimous decision of th~
Board mDmbers present, ~upervisor Martocchia. Justice suter,
Councilman Homan and CQun¢ilman br~m~~tha~ they w%~l only supper%'
a summer recreation progr~m~fo~ all the schbo~s.
The ma%ter of the per line rates of ~hA. ~ong Island Traveler whiqh_
was brought to ~he Board's attention at the executive session
was discussed further.--- supervisor Martocchia appoi~ted~Coundilman
Pell a committee of one to explore this matter further and make a
written report with his recommendations concerning th~ per line rates
prese~t!y being~chgrged by the Suffolk Times and~the. L~ng
Traveler-Watchman, Inc. ~ ~ .~
On motion of CQuncilman Homan~ seconded~by JuS~i~elSu~er, it Was
RESOLVED that the Southold senior ~itizens be and"her'~by are granted
permission to hire four buses at $195.00 each to take them to Montau~
on May 22, 1978. -~
Vote of the Town Board: Ayes: Councilman Drum, Councilman H0man,
Justice Suter, Supervisor Ma~tocchia. Absent: C0u~cilman pell,
Justice Doyen.
This ~esolution was declared, ad'~p~e~ '~
On motion of Councilman Homan, seconded by Justice Suter, it was
RESOLVED that the General Fu~d Whole Town Budget be modifie~ bY
transferring $!!,440.0Q~from Antir~cessi~n Funds to~Air~rt'.~
Contractual A5610.4, for the~ ~esU~'facin~ of the ~unway a~ the
Mattitu~k Air Basel
Vote of the Town Board: Ayes: Councilman Drum, CounCilman ~omah,
Justice Suter, Supervisor Martocchia. Absent: Councilman Pell,
Justice Doyen.
This resolution was declared adopted.,
On motion of Councilman Homan, seconded by Justice Suter, it was
RESOLVED that Highway Superintendent be and he hereby is authorized
to pr'epare bid. specifications, and the Town Clerk be and she hereby
is authorized to advertise for bids for one new engine and two
~ebui__lt motor blocks f0rthe three Walters snow plows.
Vote of the Town Board: Ayes: Councilman Drum, Councilman Homan,
Justice suter, supervisor Martocchia. Absent:- Councilman Pell,
Justice_Doyen.
This resolution was declared adopted.
On motion of Councilman 'Homan, seconded by.Councilman Drum, it was
RESOLVED tha~ there being no further business to come before this
Town Board meeting adjournment be called at 6:05 P.M.
Vote of the Town Board: Ayes: Councilman Drum, Councilman Homan,
Justice Suter, Supervisor Martocchia. Absent: Councilman Pell,
Justice Doyen.
This resolution was declared adopted.
Town Clerk