HomeMy WebLinkAboutTB-09/11/1979SOUTHOLD TOWN B~ARD
September 11, 1979
WORKING SESSION
The Board met with John Case, Cutchogue-New Suffolk Chamber of
Commerce, Dick Wilton, Greenport-Southold Chamber of Commerce,
Peter Kreh, Mattituck Chamber of Commerce, and John Berryman,
Greenport-Southold Chamber of Commerce to discuss a parcel of
land the Town plans to lease from the State Of New York at Laurel,
for use as a site for an information~center. Ideas for construction
of a building or the purchase or lease of a trailer waw discussed.
The Chamber members present.will take the suggestions back to their
membership for discussion.
A regular meeting of the Southold Town Board was held on Tuesday,
September 11, 1979 at the Southold Twon Hall, Main Road, Southold,
New York. Supervisor Homan opened the meeting at 7:30 P.M. with
the following present:
Councilman James Homan
Councilman Henry W. Drum
Councilman William R. Pell III
Councilman John J. Nickles
Justice Frederick J. Tedeschi
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
Absent: Justice Francis T. Doyen
On motion of Councilman Drum, seconded by Councilman Fell, it was
RESOLVED that the minutes of the Southold Town Board meetings held
on Aueust 21, 1979 and September 7, 1979 be and hereby are approved
as submitted.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Fell,
Councilman Drum, Supervisor Homart. Asbent: Councilman Nickles,
Justice Doyen.
This resolution was declared duly adopted.
Supervisor Homan stated that the minutes of the Small Cities Grant
Program meeting have been received and filed. The meeting was held
at 7:30 P.M., Friday, September 7th.
On motion of Councilman Fell, Seconded by Councilman Drum, it was
RESOLVED that the next regular meeting of the Southold Town Board
will be held at 3:00 P.M., September 25, 1979~at the Southold Town
Hall, Main Road, Southold, NeW York.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Fell,
Councilman Drum,Supervisor Homan. Absent: Councilman Nickles,
Justice Doyen.
This resolution was declared duly adopted.
On motion of Councilman Drum, seconded by Justice Tedeschi, it was
RESOLVED that the following reports have been received for the
month of August 1979 and are ordered filed: Assessors, Dog Warden,
Supervisor, Highway Department, Fishers Island Ferry District,
Building ~epartment, Deputy Supervisor Surer re: computer programming.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Fell,
Councilman Drum, Supervisor Homan. Absent: Councilman Nickles,
Justice Doyen.
This resolution was declared duly adopted.
344
Supervisor Homan:
1. Notice from the Department of the Army, Corps of Engineers
upon application of George Thogersen for permission to bulkhead,
dredge and fill at Fordham Canal, GreOnport, New York. Comments by
September 21, 1979.
2. Notice from the Department of the Army, Corps ~f Engineers
upon application]of~TGrace R. ~Less for permission to maintenance
dredge at Petty's Pond, Southold, New York. Comments by September
21, 1979.
3. Notice from the department of the Army, Corps of Engineers
upon application of Ruth F. Preston for permission to bulkhead,
maintenance dredge ~hd fill at Gull Pond, Greenport, New York.
Comments by September 26, 1979.
4. Notice from the Department of the Army, Corps of EnGineers
upon application of Bernard Cosimano for permission to construct
a stone groin fill at Hog Neck Bay, Southold. Comments by October 1,
1979.
5. Notice from the NYS Department of Environmental Conservation
of intention to prepare an EIS determination of significance by
Irving C. Lath~m for Goose Bay Civic Association, Inc. who proposes
to maintenance dredge 3,000 cu. yds. from a channel 1, 100 ft. by
20 ft. to depth of 6ft. and dispose of the spoil on the adjacent
beach at Goose Creek parallel to Oak Avenue, $outhold, New York.
6. Notice from the NYS Department of Environmental Conservation
of a complete application for non-minor project for Kay Ruebasmen
who requests permission to construct a timber jetty extension, increas-
ing the size of the existing jetty from 30 ft. to 6 ft. at Hog Neck
Bay, south of Cedar Point Drive East, Southold. Comments bY October
3, 1979.
7. Notice from Automatic Data Processing that there was
an increase in their fees, effective September 1, 1979, for preparation
of the Town payroll.
8. Receipt of several pieces of correspondence from the Federal
Emergency Management Agency, Federal Insurance Administration, Washington,
D.C. relative to the Flood Insurance Study for the Town of South'old.
Also correspondence from the Department of Housing and Urban Develop-
ment, and correspondence to Congressman Carney on the same matter.
This all pertains to the Flood Plain Map in the Town of Southold.
The Town for some time has felt that the flood level which
has been given to the Town has in many instances left something to
be desired. Former Planning Board Chairman John Wickham has made a
great ~al of effort contesting this proposed flood plain level and
up to this point it does not look like he has been to successful in
it. A letter is being drafted with Mr. Wickham's assistance which
will be sent to the federal agencies concerned making known that the
Town's feeling is that the flood plain level established for Southold
Town is not consistent with the date Mr. Wickham has furnished them
in the past.
9. Letter from the Mattitu~k Fire District relative to the
gas terminal situation on Mattituck Creek. The Board will come back
to this matter later.
10. Letter from Herbert R. Mandel and one from the Cleaves
Point Property Owners Association, Inc. relative to the Gull Pond
area and some of the problems that face the Town in that area.
There is a continuing question of whether the Trustees do have the
right and the power to take the actions they are taking in the area
in permitting off shore moorings and these letters have brought up
points to that effect. Copies have gone to the Trustees as well as
the. Town Board.
11. Copy of a letter to Highway Superintendent Dean from
Holzmacher, McLendon and~Murrell, P.C. indicating that they are
taking data information relative to the amount of liquid waste
going into the Disposal Area. They recommend the s~rvey commence
on Monday, September 10 for a two week period. The Board did question
~r. Dean today as to whether~this was the proper time of year to
allow such data to be taken and he did assure the Board that it was
a Very ~d %~me of the year for the collection of such data. The
Board wanted to make sure that a two week data study would be
representative of the Southold Town production.
12. Another letter from Holzmacher, McLendon and Murrell, P.C.
relative to the request that the Town has with New York State for
assistance in purchasing landfill equipment. The Town is sadly in
need of new equipment at the Disposal Area to properly run the area
so the Town can meet all of the DEC regulationd which have been
set for the area. The Town has applied for a grant which should
be in the area of approximately $25,000. or 25% Of the proposed
amount of purchase of equipment. We are awaiting further word
from~the State and H2M on the success of the grant in this area.
13. Letter from the Southold Bay Haven Property Owners Associa-
tion, Inc. concerning applications for groins in their area on Little
Peconic Bay. The residents are extremely concerned about the proposed
groins. The Supervisor will send the Association a letter stating
the Town is also concerned about groins. Apparently we do not fully
understand the working of groins. In differe~t~areas they work in
different ways. The Board's concern is %hat whoever grants approval
for these groins they make every possible study to make sure they
will not cause any undue damage or danger to anyone else's property.
14. Letter from Richard and Sharon Paget, Southold relative
to Bay Constable Lang. Bay Constable Lan~ is a CETA employee who
has been with the Town for a year and a half, and has done a very
good job. His CETA time along with quite a number of other CETA
employees working for the Town will be terminated shortly. Mr.
and Mrs. Paget urge the Town to hire Mr. Land permanently.=---If
the Town of Southold needs a Bay Constable in the future after
Mr. Land has completed his CETA term and Mr. Lan~ is available
the Town would look very favorably upon him because he has done a
very good job for the Town of Southold.
15. Receipt of a letter df resignation from Babette Conroy,
A resolution will be adopted later in the meeting.
16. Notice from the County of Suffolk that Federal Community
Development Block Grants for 1980 will be available to the Town
if enough Suffolk jurisdiction choose to participate in forming
a consortium with the County. Since the letter was very brief and
not very descriptive Supervisor Homan will get in touch with the
County to find out more about it. The Town Board is 199% in favor
of taking federal and state money when the grants are in the best
interest of the Town of Southold, and rather than just say they
will take any money that is floating around the Town Board would
like to first see what strings are attached to it.
17. Letter from Tom Twomey from the Save Our Farms Committee
asking the Town of Southold to add the Town's name as a supporting
organization behind their program. After discussing this with the
Board in the work session Supervisor Homart does not think there is
a member of the Board who is not sympathetic to the cause, however,
he does not think that as Supervisor he could allow or suggest that
the Board put their name to any organization and allow them to speak
for the Town of Southold. He feels that when the Town of~SDuthold
speaks it should speak for itself and not for any organization.
Supervisor Homan will reply to Mr. Twomey thanking him for the
invitation and letting him know that the Save Our Farms Committee
has the Town Board!'s support but the Board cannot give him permission
listing the'Town of southold as a supporting organization, because the
Town of Southold must speak for themselves.
18. Receipt of a copy of a letter to Congressman Carney from
the North Fork Environmental Council, Inc. relative to the establish-
ment of a bikeway between Southold and Orient Point. The Board will
sometime in the future get more information on this subject. The
subject of bikepaths was considered several years ago and at that
time there was some effort made to have bikepaths in the Town. The
only problem was it is one of those things where everyone was going
to do something but after it was done they would leave it to the
Town of Southold to take care of the maintenance.
19. The Board has received from MrS. Jean Tiedke the Reply
Brief on Exceptions to the New York State Public Service Commission
in the matter of the Long Island Lighting Company and New York State
Electric and Gas Corporation. This is in reference to the Jamesport
application for nuclear power plant. Mrs. Tiedke has done a fantastic
]ob for the Town in representing the TOwn's interest in this matter.
20 Letter from the New York State Department of Transportation
informing the Town of Southold that the energy transportation bond
issue which is going to be on the ballot in November. Basically it
has to do with the urban areas to the west but nevertheless there may
be some overflow funds that may affect communities such as Southold
Tow~.
21. Receipt of news release from the Suffolk County Depart-
ment of Health Services relative to the closing of Mattituck Inlet
Park on Breakwater Road, Mattituck. The Board will return to this
subject later in the meeting.
22. Notice of a certiorari proceeding against the Town of
Southold in the matter of the application of Leonard Nezin, Petitioner
for Review of an Assessment pursuant to Article 7 of the Real Property
Law.
346
23. Letter from the League of Women Voters of Riverhead/Southold
stating they are studying the issue of waste management as a local
program item and would like to offer its cooperation with the.Town
in its study and in the five-town study of the problem. The Board
met within the last several weeks With Holzmacher, MdLendon and
Murrell, P.C., the people who are doing the five town solid waste
study and Mr. Franklin Bear and representatives from the North Fork
Environmental Council there. They wanted to add some input to the
study before it got underway, and rightly so, and the letter from
the League of Women Voters is also along the same lines. Everyone,
the Town, the NFEC, L~ want the program to be not just another run
of the mill report someone is doing because the State asks for it
but a~e looking f6r a comprehensive report with solid suggestions
as to ho.w the Town can last work with solid waste in the Town.
24. Copy of a letter Supervisor Homan sent to the Suffolk
County Department of Labor which he read as follows: "George S~
Carr, Assistant Deputy Commissioner, Suffolk County Department of
Labor. On October 1, 1979, Gerald King, a cook at the Southold
Town Nutrition Program for the Elderly will be terminated from
the CETA II Program. Mr. King is a disabled senior citizen, a
Navy veteran. He has done an outstanding job at the Nutrition
Center in Greenport du~ing his CETA II rehabilitation program.
Since Mr. King is essential to the conduct Of the excellent Nutrition
Program sponsored by the Town of Southold, we would urge that a
waiver of termination be considered on the basis of his individual
merit and the need of his services in the program."--A lot of the
CETA II personnel that the Town has had in the last several years
and which has saved the Town many thousands of dollars are being
terminated. In some cases such as Gerald King, the Town is going
to be hurting and the Board is trying where possible to pick up
these people, go to bat for them, try to keep them on the Town level.
How successful they will be is not know.
25. Letter from the Mattituck Inlet Civic Association, Inc
re: Mattituck Terminal Inc. and/or Petroleum Combustible Inter-
national and/or Vantage Petroleum, Inc. and/or Carey Resources, Inc.,
et al, "As was suggested at the Town Board Meeting of 8/21/79, we
hereby request notification in writing, prior to any and all Public
Hearings which may be held regarding permits which may be requested
by the above captioned.' .... Supervisor Homan has replied to this
letter an~ will go into it later in the meeting.
(At 8:30 P.M. this evening there will be a public hearing on the
matter of the application of Cablevision to amend their franchise.)
On motion of Councilman Drum, seconded by Councilman Nickles,
HWEREAS, Thomas and Jacqueline OcChiogrosso applied to the Southold
Town Board for a permit under the provisions of the Wetland Ordinance
of the Town of Southold, application dated June 15, 1979, and
WHEREAS, said application was referred to the Southold town Trustees
and the 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 21st day of August 1979 at which time all
interested persons were given an opportunity to be heard, and
HWEREAS, this Board has thereafter examined all statements and
documents submitted with respect to such application and has also
visited the premises in question'and is therefore familiar with
the premises and the affects upon the same which would result by
reason of the granting of said application,
NOW, THEREFORE, BE IT RESOLVED that wetland application No. 39 of
Thomas and Jacquetine Occhiogrosso for permission to erect a single
family residence on Lot 28, Corey Creek Estates, Corey Creek L~ne,
Southold, New York be and hereby is granted with the following
conditions:
1. Nearest corner of home is to be no closer than 35 ft. from
line of mean high water.
2. Nearby wetlands are not to be disturbed, filled.
3. Cesspools are to be 100 ft. from line of mean high water.
4. All building and alteration is to remain on previously filled
area and prior to the issuance of a building permit applicant is to
file with the building inspector a map showing previously filled area
of the parcel.
5. No excavation except within %he interior foundation area
and no fill to be placed on any portion of the premises.
6. No'enlargement of the structure shall be permitted without
an application to and approval of this Board.
.f
7. Applicant shall be l±able £o~ any damage to adjacent waterway
resulting £~om any phase of the permitted construction.
8. Before constr~ction may begin, applicant must stake out
proposed location of home in £ield for final inspection and approval.
Vote o~ the Town ~oard: Ayes: Justice Tedesc~i, Councilman Nick~es,
Councilman Pell, Councilman Drum, Supervisor Homan. Absent: Justice
Doyen.
This resolution was declared duly adopted.
On motion of Councilman Drum, seconded by Councilman ~ell,
WHEREAS, ±t is the privilege and duty of the American people to
commenorate the onehundr~d ninety-second anniversary of the adoption
of the Constitution of the United States of America with appropriate
ceremonies and activities; and
WHEREAS, Public Law No. 915 gurantees the issuing of a proclamation,
by the President of the United States' of America, designating Sept-
ember 17 ~hrough 23, of each year, as Constitution Week,
NOW', THEREFORE, I James Homan as Supervisor of the Town of Southold
do hereby proclaim the week of September 17 thr~ough 23, 1979, as
CONSTITUTION WEEK
and urge all citizens to study the Constitution, to express gratitude
for the privilege of American citizenship in our Republic functioning
under the superb body~of laws - the Constitution of the united States
of America.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Pell, Councilman Drum, Supervisor~Homan. Absent: Justice
Doyen.
This resolution was declared duly adopted.
On motion of Councilman Pell, seconded by Councilman Nickles, it was
RESOLVED that wetland application no. 41 of Goose Bay Civic Associa-
tion, Inc. be and hereby is referred to the Southold Town Trustees
and Southold Town Conservation Advisory Council for their comments
and recommendations.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Pell, Councilman Drum, Supervisor Homan. Absent: Justice
Doyen.
Thins resolution was declared duly adopted.
On ~otion of Supervisor Homan, seconded by ?ounc~lman Drum, it was
RESOLVED that George Ritchie Latham, Jr., Or~nt, New York, be and
hereby is appointed to fill the unexpired term of Frank Coyle
on the Southold Town Planning Board. Term to expire April 30, 1981.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Drum, Supervisor Homan. Abstain: Councilman Pell.
Absent: Justice Doyen.
This resolution was declared duly adopted.
On motion of Councilman Nickles, seconded by Councilman Pell, it was
RESOLVED that Jean Tiedke and Samuel Markel be and hereby are appointed
to represent the Town of Southold on the Peconic County Council, and
Philip Babcock be appointed alternate.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Pell, Councilm&n Drum, Supervisor Homan. Absent: Justice
Doyen.
This resolution was declared duly adopted.
On mo%ion of Justice Tedsechi, seconded, by Councilman Nickles, it was
RESOLVED that the lowest responsible bidder, Hicksville Dodge, Inc.
be and hereby is awarded the bid for furnishing the Town of Southold
for the Nutrition Program, one 1980 Sportsman 12 Passenger Van,
with options~ for a net delivered price of $8,561.86.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Pell, Councilman Drum, Supervisor Homart. Absent: Justice
Doyen.
This resolution was declared duly adopted.
on motion of Councilman Pell, seconded by Councilman Drum, it was
RESOLVED that the application of Oscar Goidin dated September 5, 1979
for the renewal of a single family trailer located ~n the south side
Linnett Street, Greenport, Lot $60, Greenport Driving Park be and hereby
is renewed for a period of six months.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Pell, Councilman Dr~m, Supervisor Homan. Absent: Justice
Doyen.
This resolution was declared duly adopted.
On motion of Councilman Drum, seconded by Councilman Nickles, it was
348
RESOLVED that Supervisor Homan be and hereby is directed to prepare
specifications and advertise for bids for one year~ c~trac~! for
cgmpu~eriZa~ion. Df ~.ToWn~tax_r~cords for the Town fiscal year
1980-1981.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Pell, Councilman Drum, Supervsior Homan. Absent: Justice
Doyen.
This resolution was declared duly adopted.
On motion of Councilman Pell, seconded by Justice TedeSchi, it was
RESOLVED that Supervsior Homan be and he hereby is directed to prepare
specifications and advertise 'for bids for landfill equipment.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Peli, Councilman Drum, Supervisor Homan. Absent: Justice
Doyen.
This resolution was declared duly adopted.
On motion of Councilman Pell, seconded by Justice Tedeschi, it'was
RESOLVED that Supervisor Homan be and he hereby is directed
to execute an agreement with the Long Island Lighting Company for
construction of electric facilities for the Senior Citizen/Youth
Center, Peconic Lane, Peconic in the amount of $1,347.13.
Vote of the Town Board: Ayes: Justice TedeSchi, Councilman Nickles,
Councilman Pell, Councilman Drum, Supervisor Homan. Absent: Justice
Doyen.
T~is resolution was declared duly adopted.
On motion of Conncitman Pell, seconded by Councilman Drum, it was
RESOLVED that a letter be sent to Frederick Rackett who retired
as Radio Operator with the Southold Town Police Department effective
September 1, 1979, expressing their appreciation for his fine service
with the Town of Southold.
Vote of the Town Board: Ayes: Justice Tedsechi, Councilman Nickles,
Councilman Pell, Councilman Drum, Supervisor Homan. Absent: Justice
Doyen.
This resolution was declared duly adopted.
On motion of Councilman Nickles, seconded by Justice Tedeschi, it was
RESOLVED that a letter, be sent to Timothy Knobloch, who completed five
years as a Lifeguard with the Town of Southold, expressing their
appreciation for his dedication and fine servicewith the Town.of
Southold.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles,
Co.uncilm~n ~ell, Councilman Drum, Supervisor Homan. Absent: Justice
Doyen.
This resolution was declared duly adopted.
On motion of Councilman Dr~m, seconded by-Co, uncilman Pell, it was
RESOLVED that $324.64 be transferred from the Town of Southold
Bicentennial Account into General Funds Account A2770.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Ni~les,
Councilman Pell, Councilman Drum, Supervsior Homan. Absent: Justice
Doyen.
This resolution wa~ declared duly adopted.
On motion of Councilman Drum, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of the Town of Southold approve Work
Order Change No. 1 for the Senio~ Citizen and Youth Center for
construction of a brick front in the amount of $4850.00
Councilman Pell stated that he had told the Board earlier in the
day that he would either have to abstain or vote against this
motion. He has been on the Board for 18 months and this is the
second building project tha~ t~here has been a problem with. The
first was with the extensiQn of the Town Hall and the Board on
advise of counsel were instructed not to pay' certain bills until
they were squared away with the contractor, as local people were
no~ getting paid. Somehow the Board found out that %he contractor
was paid unbeknown to the Board. W~en they went to build the Senior
Citizen building they found they were having cost overruns due to
inflation and had to get help from Greenport HUD funds to help
them out to build, the building. ~everal alternates were cut out
and the brick front which looked very nice was one of the atle~nates
they cut out and now they find somehow the brick front is on the
building. It looks nice and someone has to pay for it and he as a
Board member had voted to cut it out several months ago knowing the
hard time they were ~having to keep the budget down and he does not
know where the $5,000. is going to come from to pa.y it. He will have
to vote against it.
Supervisor Homart stated that Mr. Pell is partly right ' ' comments.
This is one of the unfortunate happenings that occurs in a Town-such
as this. Mr. Martocchia had given the work order change subject to
the Board's approval. In the mean time, Mr. Martocchia passed away.
Mr. Homan said that perhaps it is his fault that he was not aware of
the fact that Mr. Martocchia had asked the architect for the work
order change and the architect had taken Mr. Martocchia's word as
in fact action of the Board. If there is to be blame Mr. Homan stated
he will assume it all, not Mr. Martocchia, not the Town Board. He
does not~.know ~verything that goes on in the Town and does not propose
to know everything that goes on but he~will~ not have the work order
change be misconstrued in any way that the Town or the Board in
its.entirety is playing games. If there is negligence due it is Mr.
Homan's fault and his fault along and he fully accepts ~t.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Drum, Supervisor Homan. No. Councilman Pell. Absent:
.JustiCe .Doyen.
This r~solution was declared duly ~opted~.
On motion of~*Councilman Nickles, seconded by Councilman Pell, iy was
RESOLVED that Supervisor Homan be and he hereby is authorized and
directed to prepare specifications and advertise for bid for the
e~cavation and remova~ of material from a proposed recharge basin
on the east side of B~sseau Avenue, Southold, New York.
Vote of the TOwn Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Pell, Councilman Drum, Supervisor Homart. Absent: Justice
Doyen.
This resolution was declared duly adopted.
On motion of Councilman Drum, seconded by Councilman Pell, it was
RESOLVED that the Southold Town Police Department be and hereby
are authorized to hire Frederick Rackett as a part-time radio
operator for the Police Department subject to the approval of the
New York State Retirement System.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Pell, Councilman Drum, Supervisor Homan. Absent: Justice
Doyen.
This resolution was declared d~ly adopted.
On motion of Councilman Nickles, seconded by Justice Tedeschi,
WHEREAS a petition was received from Raymond and Anna C±acia~
requesting a change of zone on certain property at Greenport,
New York, said petition for change of zone fr~m C Industrial
District to "A" Residential and Agricultural District, now, therefore
be it
RESOLVED that the Town Clerk of the Town of $outhold be and she
hereby is directed to transmit this application to the Planning
Board in accordance with Article VX, Section 100-150 (B) of the
Code of the Town of Southold.
Vote of the Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Pell, Councilman Drum, Supervisor Homan. Absent: Justice
Doyen.
This resolutxon was declared duly adopted.
On.motion of Councilman Pell, seconded by Justlce Tedeschi, it was
RESOLVED/that pursuant to Article 8 of the Environmenta~ Conservation
Law State Environmental Quality Review and 6 NYCRR Part l6!7, Section
617.10 and Chapter 44 of the Code of the Town of SQuthold, notice
is hereby given that Southold Town Board as lead agency for the
action described below, has determined that the project will not
-havea significant effect on the environment.
DESCRIPTION OF ACTION
Application for a change of zone from "C" Industrial District
to "A" Residential and Agricultural District by Raymond and Anna
Ciacia. P.roperty located on the south side of M~a~n Road and west
side Of Kerw~n' Boulevard, desginated. ,as lots numbered 157 to 160
inclusive on a certain map .entitled Amended Map A. Pecqnic Bay
Estates, situate at Arshamomaque, Town of southold, New York."
The project has been determined not to have a aignificant
effect on the environment for the following reason:
An environmental assessment has been submitted which indicated
that no significant adverse effects to the environment were likely
to occur to occur should the project be implemented as planned.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Pell, Councilman Drum, S~pervisor Homan. Absent: Justice
Doyen.
This resolution was declared duly adopted.
350
On motion of Councilman Nickles, seconded by Councilman Dr~, it was
RESOLVED that pursuant toArticle 8 Of the Environmental Conservation
Law State Environmental Quality Review and 6NYCRR Par~t 617, Section
671.10 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 belwo, has determined that the project will not have
a significant effect on the 9nvironment.
DESCRIPTION OF ACTION
Application of Goose Bay Civic Association, Inc. for a wetland permit.
Permission'is requested to maintenance dredge channel at Goose Creek,
at the end of Cedar Avenue, Southold, New York and beach nourishment.
The project has been determined not. to have a significant~effect
on the environment for the following reason:
An environmental assessment has been submitted which indicated
that no significant adverse effects to the environment were likely
to occur should the project be impelmented as planned.
Vote~ of the Town Board: Ayes: Justice Tedsechi, Councilman Nickles,
Councilman Pell, Councilman Drum, Supervsior Homan. Absent: JuStice
Doyen.
This resolution was declared duly adopted..
On motion of Councilman Drum, seconded by Councilman Nickles, it was
RESOLVED that Superuisor Homan be and he hereby is authorized and
directed to enter into an agreement with the State of New York for
a Permit for Use of State-Owned Property at Route 25, 300 feet east
of Aldrich Lane, Laurel, New York, between the old and new highway.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman nickles,
Councilman Pell, Councilman Drum, Supervisor Homan. Absent: Justice
Doyen.
This resolution was declared duly adopted.
Supervisor Homan explained that the late Supervisor Martocchia had
been in contact with the State sometime ago and Supervisor Homan
has picked up since that time and they have secured the use of
a piece of property fn the Laurel area which has come about as a
result of the new road being constructed. The Town has requested
this use so that they can offer the parcel to the chamber of commerces
of the Town in the event they should like to put a movable building
or trailer on that site as a'tourist information center.
On motion of Councilman Pell, seconded by Councilman Nickles, it was
RESOLVED that the resignation of Babette Conroy as secretary of.the
Southold Town Board of appeals be accepted with regrets and a letter
be ofrwarded to her wishing her every success and happiness in the
future..
Vote of the Town Board: Ayes: Justice Tedeschi~ Councilman Nickles,
Councilman Pell, Councilman Drum, Supervisor Homan. Absent: Justice
Doyen.
This resolution was declared duly adopted.
Supervisor Homan stated that he was handed during the meeting a
petition from the Captain Kidd Civic AsSociation an relation to the
gasoline tanks in the Mattituck Inlet area. Supervisor Homan exPlained
exactly what has been going on as far as he is concerned with '~hat
particular area: Several weeks ago there was a probl~ down there,
and at the request of the fire department Supervisor Homan closed
the road and kept it closed.until they were assured by all concerned
that any danger ceased to exist, at which time they reopened the
road. Thankfully it was in time for Labor Day. When the problem
came about Supervisor Homan immediately went to work on it in several
areas. First contacting the ~arious six agencies that have responsible
positions with relation to the operation of those tanks and they are:
The Federal EPA, the United States Coast Guard, the State DEC, the
State Department of Transportation, the Suffolk lounty Department of
~ealth and the ~ uffolk county EPA. He felt that as far as the Town
was concerned and as far as their supplying him with information he
thought was due the Town of-Southold that not all of ~hem were 100%
cooperative. Seeing the problem as it came about he directed, his
attention to the facts. There are several things everyone should be
well aware of down there. One that the same man who owns those
tanks also owns the asphalt plant and there is a
lot of land-down
there. It would stand to reason in his mind that if a man could make
money with ei~h~ tanks he could make a lot more with 28 tanks. There-
fore he. immediately directed his efforts to see what the Tewnl could
do as far as upgrading the area and stop first the expansion ~f any
such. terminal facilities in the area, and secondly to try to get rid
of the existing tanks when and if possible. To this end Supervisor
Homan has written to many agencies. He has a friend in Albany who
has a computer thaH is owned by the State'into which the State puts
every a~ailable grant and they have this whole computer full.of'~grants.
He called this individual pe~sonal!yland foltowsd it .'up with a letter
asking him to go to the~ ~com~ter and find h~m sQme.gr~ant money that
the TOWn could pos~ibi~ .ge~ into a p~ojact ~of
quesh~on adn ge~ ird of the tanks'. H~ thinks~.tkat tke~. tankS, even
in their best condit~on, represent a serious tbs'eat ~o the ecology'
of the area and no one wants therd out more 'than himself and to thi~s
end he. has been working for well over two weeks, ~e ~lso~ has been
with the fact that he thinks the people wh~ use 'th6s~ tanks were
irresponsible in going in there and using th~m without asce~ainign
infact that they were proper and safe tanks and te .~t~is 'e~d, after
much seatchhe found an agency ofthe government w~ wo~ld prosecnte.
And to. that end he called everybody in that area w~ has made state-
ments or comments about the situation with the req~uest that he wants
two people on the same day who saw a petrotenm~ distillate lin the
water in the vicinity of the tanks and to this point 'he has not
gotten anytking. He has heard of different people at different
t~mes who have seen things. He is, at this mesbin~ ton£ght~, or
afte~ this me,ting tonight, waiting to see'if any further additional
information comes about. He will turn all of his info'rmation over
to t~his authority who. has a good record of prosecution on this and
will.endeavor on behalf of the Town to see that these people are
puni~shed at,east to.~th~ entent that this agency is able to do. He
does not know of the public approves of everything he has done, he
has done it because he thinks it is right for the Town. Perhaps some
other person m~ght have come down and told them all the things he was
going to do, but Supervisor Homan is not that kind of person. He would
rather quietly work in his own way on behalf of the Town of Southold
and to this end he has done that. He could not come down and talk to
each and every one Of the residents and stayed on the phone all day
and keeP after those agencies and try to look after the other avenues.
He wi well on the way to what he has just spoken about. When he is
g~ing to have more positive things to twll the public he does not
know, but he does want them to know that if anyone thinks that he
in particular was sitting on this they are sadly mistaken.
Mr. Ange Panagopoulos stated he is one of the people that saw the
petroleum distillate on the water. He took a~look at it and was
terrified.
Mr. A1 Kirby sta~ed a picture was taken of the spill and can be
produced. Mr. Kirby stated that he wished to present to the Town
Board a list of 600 additional names, on the petition he referred
to earlier.
Mr. Franklin Bear asked what agency Supervisor Homan is speaking
about that will prosecute?---Supervisor Homan said it is the Suffolk
County Department of Frauds.
Mrs. Dorothea Delehanty said that when her neighbor and she went
swimming in the Creek they both came out covered with oil and both
remarked about it.
On motion of Councilman Pell, seconded by Councilman Nickles, it was
RESOLVED that a recess be called at 8:30 R.M. for the length of time
necessary to hold a public hearing on the matter of the application
of Long Island Cablevision Corp. to amend their franchise.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Pell, Councilman Drum, Supervisor Homan. Absent: Justice
Doyen.
This resolution was declared duly adopted.
Meeting reconvened at 8:50 P.M.
Mr. Franklin Bear spoke~ about the lack of~a fire code in the Town
of Southold and what steps have been taken in the past by the fire
chiefs and commissioners, Attorney Lark, Town Attorney~Tasker toward
achieving a fire code. Mr. Bear read the following letter from the
North Fork Environmental Council, Inc. into the record: "Southold
Town Board, Town Hall, Southotd, New York 11971. Gentlemen: The
recent problems relating to the leaking gasoline tanks at Mattituck
Inlet have pointed up the urgent need for the governing bodies and
officials of the Town of Southold to: 1. act positively and immedia-
tely to use authority provided in the Town Code to bring these problems
under control now and in.the future, and 2. to enact an effective fire
code which will make possible the control and prohibition of future
dangerous and illegal land uses in ~e Town. The storage of petroleum
352
produots$ ? i'i 1979
tanks along the creek at the north end of Breakwater
Avenue should never be allowed to resume. The Town building inspector
should be instructed to.monitor the area and to report violations, if
any, in accordance with the Town Code; and if the operatros of the
faciliity are found guilty, they should be punished as provided in the
Town Code. A Town fire code, in enacted, should effectively serve
the purpose for which it is' intended: to protect lives, health,
property and the Town's fragile environment. It should provide for
the protection of and privacy of individuals while at the same time
making possible the enforcement of Town law whose purposes include
the protection Of health, safety and the environmental qualities Which
make the social, commercial and framing aspects of life on the North
Fork unique. I wish to offer the assistance and cooperation of the
North Fork Environmental Council in any and all efforts referred to
above. Thank you. Sincerely, /s/ Franklin Bear, President, North
Fo~k Environmental Council"
Mr. Bear said he woul~ like to get the feel of the Town Board members
about how they feel about moving forward at this time.--Supervisor
~oman stated he would not allow him to poll the Board at this time.
He is glad the organization approves and condones the actions he
haS Hl~eady taken in many respects of his letter. As f~r as the
fire code goes, Supervisor Homan asked how many people in the room
signedathe petition for the fire code? (A large portion of the
audience raised their hand.) Supervisor Homan asked that everyone
in the room who has read the fire code~keep their hand up. (Three
people left their hand up.) Supervisor Homan stated that he does
not like to see regulatory agencies begin in Southold Town unless
it is really necessary, this'is true of whether it is a fire code
or any other code or any other agency that is being proposed in the
Town. This is not being anti-fire code it is just making a simple
statement in respect to how he feels about agencies. Second, he said
a code if a thing never to taken lightly. Once it is on the books
they will have a beck of a job getting it off. He also said that the
Board should enact a code only if it was good for the Town, and 'for a
code to be good for the Town it has to be good for the people and
for the people to.know it is good for the people the people have
to know the code. He has no qualms with the fire code, he has no
qualms with the fire departments or the chief's council or the
bo&rd of commissioners or the fire departments, he has been a fireman
for over 29 years. To say that he is anti-fire department or anti-
fire code is not a true statement. What he wants to make sure is that
the people of this Town know what they are doing when they do it.
TO rush into a code'becaUse of a tank situation where other agencies
have the major portion of control should be considered seriously.
~en he stood there at the gate and watched the man from the U.S.
Government with the full authority of the government denied access
to that plant so he could write violations and take pictures of
violations you wonder what a mere town code is going to do when the
full authority of the U.S. Government couldn't get inside the gates.
Supervisor Homan said that he would as a Board member urge the Board
to pass a fire code if it ~s a good thing for the Town and if it is
a good thing for the Town it is good for the people and if it is good
for the people the people have to know about it and make sure in
their own minds that it is good. His answer to the bad situation
in Mattituck is'to stop it and t~y to.get ri~ of~it.~-~e is n~~
interested in making't~oss tanks safe, but if that is the'-leastI we
can do fine, but he would rather get rid of them, adn this is to
the end to which he is working.
Mrs. Lydia Totora suggested putting a copy of the code in the library
so everyone can read it. Mrs. Tortora spoke about other towns that
have a fire code, and aboUt a telephone converstaion she had with
the regional director of the Federal EPA concerning the facility at
Mattituck. She also spoke to the Director of Fire Safety in Suffolk
County concerning the facility at Mattituck.
Mr. Samuel markel stated that the Town has enough laws and agencies
covering all aspects of the potential problems of the fire happe~lngs
· n our Town. Enforcement would be little as far as existing situations
are concerned. There are existing situations in the Town right, now
where there are farmers, marinas, contractors who all store gasoline
and other materials on their property and have been doind it for years.
The Town's insurance rate is one of the lowest in the State of New
York~as far as fire is concerned and that is including the fact we
don't have a tremendous amount of fire plugs. He thinks that to jump
to the conclusion that we should go to a fire code and perhaps harass
the business men of the community, the restaurants and so forth who
would come under this, basically the commer~iai-aspeCt~'~of the Town
who pay most of the taxes of th~Town. The Town's record has been
very good as far as fire is c0nce~d, there are good fire departments
and losses have been very little and he thinks to jum~ the gun to get
another law on the books and spend more money for enforcement that is
not necessary is something the people of the Town should carefully
consider. Perhaps before making any decision on that a complete
study should be made.
Mr. Michael Mattes spoke in support of a fire code, and mentioned
several things he thinks the Board can do under the Building Zone
Ordinance. He brought-several hypothetical questions before the
Board and the Town Attorney, Town Attorney Tasker answered Mr.
Mattes questions with reference to the Zoning Ordinance. Mr. Tasker
stated that ke has researched the issue and~has come to the conclusion
that the facility cannot be classified as a non-conforming use.
Mr.'Bear quoted from Section 100-144 of the Zoning Ordinance.
Mr. A1 Kirby, Mrs. Gladys Csajko, Mrs. Dorothea Delehanty, Mr.
Fred Luchker, Mr. Frank Hussak also addressed the issue.
Dr. Rhodes Trautman, Vice President of the League of Women Voter-
of Riverhead/Southold read the following letter to the Town Board;
"Gentlemen: The Board of Directors of the League of Women. VOters
of Riverhead/Southold voted unanimously at its meeting oM September
10, 1979 to request the Southold Town Board to act immediately to
formulate and enact a fire code for the Town of Southold, in order
to protect the health and safety of the residents of the town.
Very truly yours,/s/ Abigail A. Wickham, President."
Mrs. Maria Tejo spoke about the condition of Mattituck Creek,
referring to pollution and the odor that emanates from it, as well
as the residue on the skin after swimming there.
A letter from the West Beach Civic Association, Sound Beach Drive,
Mattituck, Donald G. Witschieban, Chairman was presented to the
Board for inclusion in the concerning fuel storage tanks.
On motion of Councilman Drum, seconded by Justice Tedeschi, it was
RESOLVED' that there being no further business to come before this
Town Board meeting adjournment be called at 10:05 P.M.
Vote of the Town Board: Ayes: Justice Tedeschi, Councilman Nickles,
Councilman Pell, Councilman Drum, Supervisor Homan. Absent~ Justice
Doyen.
This resolution was declared duly adopted.
Judith T. Terry Town Clerk