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HomeMy WebLinkAboutLL 2004 #17 ELIZABETH A. NEVILLE TOWN CLE P~K REGISTIkkR OF VITAL STATISTICS MARRL~GE OFFICER RECORDS iYL~XIAGEMENT OFFICER FREEDOM OF INFOI~I~kTION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLO~VING RESOLUTION NO. 595 OF 2004 WAS .ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TO~VN BOARD ON JULY 27, 2004: WHEREAS there was presented to the To~m Board of the Town of Southold, Suffolk County, New York, on the 27th day of July, 2004 a Local La~v entitled "A Local Law in relation to Parkingat the Road End Area on Duck Pond Road", and SVHEREAS the TowR Board of the TowR of Southold held a public hearing on the aforesaid Local Law at xvhich time all interested persons were heard, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: A Local Law entitled "A Local Law in relation to Amendments to Chapter Al08 of the Code of the Town of Southold pertaining to Highway Specifications" reads as follows: LOCAL LAW NO. 17 of 2004 A Local Law entitled, "A Local Law in relation to Parking at the Road End Area on Duck Pond Road". BE IT ENACTED by the TowT~ Board of the Town of Southold as follows: I. Purpose - In order to restrict and regulate the use of the road end area of Duck Pond Road in Cutchogue, the use of ;vhich has become overcrowded by the parking of vehicles of nonresidents of Sonthold Town, consistent with the policy of Chapter 65 of the Town of Southold Town Code regulating Parking at Beaches it is necessary to limit parking in this area to :park-[n'g by Southold Town Perm/t Only. Accordingly, to effectuate that change, Chapter 92 of "the Tox~m Code shall also be amended. II. Code Amendment. Chapter 65 of the Code of the Town of Southold is hereby amended as follows: § 65-2. Designation of parking areas requiring permits. B. The following road end areas are hereby designated as Tox~m of Southold '~Parking by Southold To~m Permit Only" areas: Duck Pond Road, Long Island Sound, Cutcho~4ue, alone both sides from the .euardrail at the northerly terminus southerly for a distance of 500 feet. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be tmconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately npon filing with the Secretary of State as provided by law_ Elizabeth A. Neville Southold Town Clerk STATE OF NEW York 'DEPARTIvlENT OF ~,~TATE 41 STATE STREET ALBANY, ~ 122.3 I-OOO I August6,2004 RANDY A. DANIELS SECRETARY OF STATE Elizabeth A Neville South Town Clerk Town HaIL 53095 Main Road PO Box 1179 Southold NY 11971 RECEIVED AUG 1 6 2004 Soulhold Town Clerk RE: Town of Southold, Local Law 14, 15, 16 & 17, 2004 filed on July 30. 2004 To Whom It May Concern: The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, Linda Lasch Principal Clerk State Records & Law Bureau (518) 474-2755 Local Law Filing NEW YORK STATE DEP~TMENT OF STATE 41 STATE STKEET~ ALB32qY~ N~t' 12~1 (Use this form to file a local law with the Secretary of State.) Text of law should be gix~en as amended. Do not include matter be'mg elhaxinated and do not u.se italics or underlining to indicate new matter. Towa of SOUTHOLD LOCAL1- AW NO. 17 of 2004 A Local Law entitled, "A Local Law in relation to Parking at the Road End Area on Duck Pond Road"_ BE tT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to restrict and regulate the use of the road end area of Duck Pond Road in Cutchogue, the use of which has become overcrowded by the parking of veh/cles of nonresidents of Southold Town, consistent with the policy of Chapter 65 of the Town of Southold Town Code regulating Parking at Beaches it is necessary to limit parking in this area to parking by Southold Town Permit Only. Accordingly, to effectuate that change, Chapter 92 of the Town Code shall also be amended. Code 3xnendment_ Chapter 65 of the Code of the Town of Southold is hereby muended as follo~vs: II_ § 65-2. Designation of parking areas requiring permits. B. The following road end areas are hereby designated as Town of Southold "Parking by Southold Town Permit Only" areas: Duck Pond Road, Long Island Sound, Cutchogne, along both sides fi:om the guardrail at the northerly terminus southerly for a distance of 500 feet_ SEVERABILITY If any clause, sentence, paragraph, section, or part of tiffs Local Law shall be adjudged by any court of competent jurisdiction to be invalic[, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV_ EFFECTIVE DATE This Local La~v shall take effect immediately upon filing with the Secretary of State as provided (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-2391Rev. I 1 99) (1) © (Complete the certification in the paragraph that applies to the fi[idg of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) t hereby certify that the local la~v annexed hereto, designated as local law No. 17 of 20 04 of the [Cz'.::::y) (C!.9')~own) (V{'2:;:) of Sou'rItOLD was duly passed by the TO~VN BOARD on July 27 ,20 04 , in accordance with the applicable provisions of law. (Passage by local legislative bod~ with approval, no disapproval or repass.age after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law aimexed hereto, designated as local law No_ of 20 of the (C0unty)(City)(Town)(Vfllage) of was duly passed by the on 20 , and was (approved)(not approved)(repassed after disapproval) by the and was deemed duly adopted on 20 , in accoi:dance with the applicable pro~'[sions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, desiglmted as local law No. of 20 of the (Cou.my)(City)(Town)(Village) of was duly passed by the on 20 , and was (appmved)(not approved)(repassed after disapproval) by the on 20 . Such local law was submkted to the people by reason of a (mandatory)(permissive) referendum, and received thc affn-mative vote ora majority of the qtmlified electors voting thereon at the (geneml)(special)(aanual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 . and was (approved)(not approved) (repassed after disapproval) by the on 20__ Such local law was subject to permissn,e referendum and no valid petition requesting such referendum was flied as of 20 , in accordance with the applicable proxdsions of law * Electix e Chief Executive Officer means or Includes the chief executive officer of a comxty elected on a county- wide basis or, If there be none, the chaLrperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordhaances. (2) 5. ~City local law concerning Charte~,revision proposed by petition.) I hereby certify that the local law arme~ced hereto, designated as local law No_ of 20 __ of the C~ty of having been submitted to referendum pursuant to the promsions of section (36)(37) of the Municipal Home:Rule Law, and having received the affmuative vote ora majority of the qualified electors of such city voting thereon at the (special)(geneml) election held on 20 , became operative. 6. (CounlTlocal law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Muincipal Home Rule Law, and haxiug.received the affknmtive vote of a majority of the q~alifi ed electors of the cities of said cotm~ry as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate eertificatiom) I further certifif that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefi:om and of the xvhole of such original local law, and was finally adopted in the manner inc[icated m paragraph 1 , above_ Clerk of tt~oun~y le~laffi~e [~o~y. Ci'~. ~l~;vn or Village Clerk or officer deoignated by local le~slafive body Elizabeth A. Neville, Town Clerk (Sea/) Date: July 28, 2004 (Certification to be executed by County Attorney, Corporation Counsel, To~ Attorney, Vffiage Attorney or other authorized attorney of localiD'.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local law comaina the correct text and that all proper proeeedin~ have been had or taken for the enactment of the local law ann~xd hereto. TPitaltericlaA. Finne~an~_.~l. To,Attorney Town of SOUTHOLD Date: July 28, 2004 (3) © © SOUTHOLD TOWN BOAP, D PUBLIC HE)d~ING July 27, 2004 5:20 P.M. HE.4RING ON "A LOCAL LAW 1~ RELATION TO PARKING AT TH]~ ROAD END ON !DUCK POND ROAD." Present: Snpervisor Joshua Y. Horton Justice Louisa P. Evans CotmciLman JoN~ M. Romanelli Cotmcilman Thomas H. Wickham Councilman Daniel C. Ross Com~cilman William P. Ed~vards Town Clerk Elizabeth A. Nevil/e Town Attorney PauScia A. Firmegm~ COUNCILMAN WICKHA2V[: NOTICE IS HEREBY GIVEN, that there has been presented to the Town Board of the Tox~m of Southold, Suffolk County, New York, on the 29th thy of June, 2004 a Local Law entitled "A Local Law in relation to Parking at the Road End Area on Duck Pond Road" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Toxvn of Southold will hold a public hearing on the aforesaid Local Law at the Sourhold To~xm Hall, 53095 Main Road, Southold, New York, on the 27m of July, 2004 at 5:20 p.m. at which time al/interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Parking at the Road End Area on Duck Pond Road" reads as follows: LOCAL LAW NO. 2004 A Local Law entitled, "A Local Law in relation to Parking at the Road End Area on Duck Pond Road". BE IT ENACTED bythe To~vn Board of the Town of Southold as follows: I. Purpose - In order to restrict and regtdate the use of the road end m-ea of Duck Pond Road in Cutchogue, the use ofwiffch has become overcrowded by the parking of vehicles of nom:esidents of Southold Town, consistent with the policy of Chapter 65 of the Town of Southold Toxxm Code re,dating Parking at Beaches it is necessary to lhnit parking in tiffs area to parking by Southold Town Permit Only. Accordingly, to effectuate that change, Chapter 92 of the Town Code shall also be an~ended. II_ Code Amendment. Chapter 65 of the Code of the Toxxm of Southold is hereby amended as follows: § 65-2. Desigl~ation of parking areas requiring permits. B. The follow'mg road end areas are hereby designated as To~vn of Southold "'Parking by Southold Tow'n Permit Only" areas: C' July 27, 2004 2 Public Hearing--Duck Pond Duck Pond Road, Lon~ Island Smmd. Cutchog2e, alone both sides from the guardrai! at the northerly terminus southerly for a distance of 500 feet. 11[. Code Amendment. Chapter 92 of the Code of the Town of Southold is hereby amended as follows: § 92-42. Parking prohibited during certain hours. A. The parking of velficles is hereby prohibited bet~veen the hours indicated in any of the following locations: Name of Street Side Between the Location Hours of In Cutckcgr, z, guardra;.! at Duc'.: Pond r-VJes~10:09 p.m. ~ ~"~ and 6:99 § 92-43. Parking for limited time only. The parking of vehicles is hereby prohibited for a longer period of time than that designated, beuveen the hours indicated, in m~y of the follox~fng locations: Name of Street Side Between the Time Limit Hours of r~,,~, z~.4 East ~ n.nn 2 hrs. 10:OO p.m. Location At Ct ...... ~, ....... July 27, 2004 Public Hearing--Duck pond SEVERABILITY 3 If any clause, sentence, paragraph, section, or patl of this Local [aw shall be adjudged by a~y court of competent jurisdiction to be invahd, the judgment shaLl not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with tt~e Secretary of State as provided by law. SUPERVISOR HORTON: Andthat has been posted? COLrNCILMAN WICKHAM: It has appeared as a legal in the local newspaper, it has appeared on the Tow-n Clerk's bulletin board out there and that is all the corm~ur~tications I have on tiffs. sUPERVISOR HORTON: Thank you, Councilman Wickham. At tiffs point, we do welcome the public and I am going to £trst invite up Mr. Rich Gladd, if you wotdd like to address the Board on this specific one. RICHARD GLADD: Richard Gladd, Cutchogxte_ First, where do we start? I disagree already. I don't think it is strong enou~da. I think it should be parking only on one side of the road, I thhxlc that will eliminate some of the parking problem. I don't see how there can be parking on the motel side. I think that would be a fire hazard. I mean, how can you, first of all, if you have parking on both sides and you pull your car doxxm toward the guardrail, it is almost impossible to back up. How would you ever get a rite truck in there? I wouldn't want to be in that motel. I don't th/nk people should be allowed to park there with a temporary parking permit sold from a bait shop_ There are four, five, six people in a car; leaving all of their garbage, beer cans, bait boxes, fish lines, whatever they can possibly leave behind; they leave. The par-king problems are not in the eveuing only. They are ail day long. Ail day long. To politically correct, if the beach were a street and you made a wrong turn on to it, you would lock your windows and your doors and look for the qnickest way out of there. That is what is on the beach_ And to have 40, 50 people down there on a Satnrday and a Sunday, is nothing. And they x~41l not move, they will curse you out, they are rude, they are belligerent, they are threatening. The police don't patrol it. They do not patrol that area at all. And if you call the police, they get amxoyed. SUPERVISOR HORTON: This law was posted for tiffs out of concern voiced by residents in the community and through quite a bit of discussion and hearing the concerns, this is what was specifically requested, in addition to a conple of things_ A. To allow parking by Southold To~xm permit o~zly, as it is a town beach. July 27, 2004 Public Hearing--Duck Pond IV[R_ GLADD: Our backyards are town beaches? SUPERVISOR HORTON: It is a toxxm road and the, it is access to town residents, yes. This is being addressed in response to concern from residents in the community_ The police department has, and what I have heard from other residents in the commtmity, is that sh~ce it was brought to my attention about tkree or four weeks ago, it was really brought clearly to my office and the police department has beefed up patrol there and the bay constables are down there mom often_ MR. GLADD: I have never seen the bay constable dox~m there. SUPERVISOR HORTON: Excuse me, this is what also the police department has recommended. And I think it is a strong step in the riglxt direction and your concern that there be tightened patrols there, more frequent patrols, we wilt continue to do that and do a better job of it. MR. GLADD: Well, my concern is that we can't use our backyards, which is the beach. We feel that it is not a safe place to be. COUNCILlVIAN WICKHAM: The intent of this law is to restrict parking in that area to only Southold To~m residents with permit only_ We think this x~511 have a significant, beneficial impact on the quality and what goes on in that area. We think that this will screen out a lot of the negative behavior that you have seen up there. SUPERVISOR HORTON: And the other item, if I may, flint I have had preliminary discussion with the Town Clerk on, is having any temporary permit be accessible at Toxxm Hall and only Tox~m Hall_ We don't think that is an unreasonable expectation. That temporary parking penuits be purchased at Town Halt and that is something that .... MR. GLADD: So they won't be available at bait shops anymore? SUPERVISOR HORTON: .... we will be exploring that tkrough the To~vn Clerk's office. MR. GLADD: Also, we had the adjacent lot to our property for sale and we were going to contract on it and I have a letter from Hahn Realty as to why the purchasers pulled out and it is because of the beach problem. SUPERVISOR HORTON: Well, we will continue to address that and I mu glad that people have brought this to our attention. MR. GLADD: Well, that is a big problem. SUPERVISOR HORTON: Yes, I tmderstand. We feel that this xvill be a strong, mitigating factor in dealing with problems you have brought to us. MR. GLADD: Well, I hope it helps. Bat we will be dihgent in calling the police from noxv on. Jtily 27, 2004 Public Heating--Duck Pond 5 SUPERVISOR HORTON: And I will be diligent in reminding them on a regular basis to be there as well. MR. GLADD: Thank you. SUPERVISOR HORTON: Thank 5rou, s~r. Yes, ma'am. JOANNE BRYAN: Joarme Bryan, and I am from the same neighborhood_ I would just hke to know, I have hved here for just about 30 years and what happens to the people when the bay constable or the police are called? Let me just preface this by, I believe that the beaches are for everybody. I believe that access to the beaches have to be somewhat restricted. I think that people who use the beach responsibly, as far as I am concerned, I don't have a problem but what we are seeing now' is far from responsible use. So what can be done in that regard? Calling the police for this kind of issue, noise, fires on the beach, that is.my big concern-is the fires; now we are. hearing and I just heard today, that a large group were down on the bea,ch this weekend and the way in which they got rid of their glass empties was to smash them against the giant rock that is down the~e at the end of the:point. So now we have glass in the water in e.rcess and if this'is going to be not soinefhing that people can be fined, be, you know, I think the police have to be just more than patrolling occasio~nally. I don't want to be picking up the phone eve~)r two minutes calling. We've Policec~ that area for _~0 years. But I think something has to be done and be done pretty quick because the word is out, al/over, not just Southold Town, it is ali over. Arid if there isn't something that can be done ~o people when they are confronted by the bay constable or the police that g.ets the word out fast that we ~e nor going to put up with this because we are talking ~bo=t our wonderful town and we are ta~lkin g ab.gut tr'firig ~to preser~re it and we are talking about presenSng it for everyone and we are not be}ng elitist bemuse as far as I am concerned, I never batted an eyeball about anybody using tho beach if they cleaned, up and were responsible about it. Anrt that ain't happening. SUPERVISOR HORTON: The .... MS. BRYAN: So what can we see, what can you tell us, we can see being done? When people aren't brea!dng that rule to take care of the land, so to speak, in this area? SUPERVISOR HORTON: Well, in regard to illegal behavior on the beach, I think the crux of it is better enforcement or heightened e~iforcement. There are laws against littering and fines associated with vtolating those laws and other laws that would be of that nature. And I think heightened patrol and stronger enforcement is what I am seeing as the necessary step to be taken here. One thing that we are working through the police deparm~ent, it can't be implemented this summer, but understanding that these issues from time to time pop-up, other departments have put in place, we have several sectors throughout town and squads that patrol those sectors and in doing so, those are uniformed officers that are working regular shifts. One thing that we want to try to accomplish in the police department particularly in the summer months, is a quality of life unit. Which is a squad of say four or five officers that would specifically be out in the community dealing with issues of this nature, in addition to the bay constables and heightened enforcement. In the short term, in tho here and now, we have to do a better job of patrolfing and enforcing the la~vs in that, in 5rour contmunity. And you have a commitment to us doing that. July 27, 2004 '~ Pubhc Hearing--Duck Pond MS_ BRYAN: h~ tiffs lmv as presented, there a reason for that? the copy I got, seems to have crossed out hours. Is that, is COUNCILMAN W1CKHAM: PrexSously, up until now, there xvas parking only certain hottrs. SUPERVISOR HORTON: I think we should leave those hours in, personally. COUNCILMAN WICK_HAM: Now, the new law, if it is adopted, would enable only parking by Southold Town residents. MS_ BRYAN: But is there any reason why .... SUPERVISOR HORTON: But at many of our town road ends there is no par!chug between 10:00 P.M. MS. BRYAN: Exactly. SUPERVISOR HORTON: .... 7:00 A.M., I believe. MS. BRYAN: Is there any reason why that shouldn't be kind of consistent with other, I mean, tiffs is residential neighborhood surrotmding it. SUPERVISOR HORTON: I think on a motion to deal with this, I am going to recommend that those hours, not these hours but the hours that mirror, to be consistent with other road ends. MS. BRY~a2q: And xvhat are those? SUPERViSOR HORTON: I believe they are 10:00 P.M. to 7:00 A.M. '[ttat is correct. MS_ BRYAN: I think, you think that is what is there now? SUPERVISOR HORTON: 10 to 7 and that is what l ~sSll move the law' recommend. 10:00 P.M. to 7:00 A.M. I think that is reasonable. MS. BRYAN: As far as I am concerned, I will pick up the phone and hopefully get some response from the police, if there is the ruckus that was there this weekend. SUPERVISOR HORTON: And there is always room for us to do a better job and please don't hesitate to call. Thank you. Ms. Tole. CATHY TOLE: Is consumption of alcohohc beverages permitted on town property? SUPERVISOR HORTON: No. MS. TOLE: Well, it sounds like we have got that problem here, wkich is certainly an enforceable problem. Now, is possession of an alcoholic beverage on totem property against towm law? © July 27, 2004 7 Public Hearing--Duck Pond SUPERVISOR HORTON: I don't Imo~v the answer to that. MS. TOLE: If it is not, I would recommend that possession be outLa~ved on town property. Possession of alcoholic beverage. SUPERVISOR HORTON: Okay. MS. TOLE: There is no noise ordhaance in the town because everybody has been so worded about leaf blowers or whatever it is. However, we have a ~m'owing density problem. We no longer have neighbors Eying ¼ mile fi:om each other and nobody else coming out here. And if you are going to 'continue to say that we must expand and increase density and open up to a lot more tourism, a lot more other issues. In defense of property owners like this, living adjacent to public property especially, you have to start considering the climate that you are creating. And Josh, you once said you wish you could legislate morality, you can. And this is part of the steps that you do to legislate people's behaxdor ha a decent way for the protection of the citizens_ SUPERVISOR HORTON: Which is what we are attempting to do tonight. MS. TOLE: Okay. So, we will be movhag towards the noise ordinance and the alcoholic possession stuff. SUPERVISOR HORTON: We are dealing with this public hearing and as I said, in regard to enforcement and police patrol, we will beef those up. MS. TOLE: Regarding this particular ordinance and its hatent, I am saying that it should be enacted certainly, we have heard about their problems and it is a terrible way to live .... SUPERVISOR HORTON: )md we are trying to deal with that. MS. TOLE: But xvhat I am saying is that this is not tlie end-all. The parking. There is a lot more needed to help these people and in many other places ha this town because the increasing use of roads and everything else. Thank you. SUPERVISOR HORTON: Thank you. Yes, ma'am. JENNIFER BANK: Hi, Supe~Msor, members of the Board, I am Jennifer Bm~k, 3030 Dignans Road, other~Sse known as Duck Pond Point. The gentleman over there said it best, it is not safe, I own my home for 1 l years and I want to tell you about like, the good old days. When I had my son on my back, three years old and my husband and an ttmbrelia and a cooler and we used to waik down the 130 or whatever steps it is to the bulkhead and down onto the beach and spend the day down there having a picnic. Fishermen would come by, other families, the xvhole commtmity used the beach. The community used the beach_ The last six, seven years, 6:00 A.M. the shonting starts. The drinking starts_ It is a safety hazard. It is a health hazard. We went down there the other days, a group of us, with bags and bagged up garbage and things that I don't even want to mention. They are tur~g the beach into a sewer. You want fires on the beach? Guess what they did? They chopped out a chtmk of © © luly 27, 2004 8 Pubhc Heating--Duck Pond my bulkhead and lit it to make a fire on the beach. So, over the course of time you are trying to fi~mare out where they are coming from, what is going on, you know everybody in your neighborhood. There are houses along the bluff. There are families along Oregon Road, there are people comh~g from the . Bay that love that beach. It is the jewel of Southold. It is the fishing mecca. People are coming there, they love it. The bluefish are running, it is gorgeous. I wake up in the morning, I open my eyes and I am in Utopia. To quote the guy before. Who was trying to maintain Utopia, this is Utopia, It is the most beaufifid piece of nature. It is done_ I will not let my son, w'ho is now 10, go dox~m the steps for one minute. It is not safe for him to go on the beach. There are revelers, it is incredible what is going on doxvn there. It has been going orr about six or seven years, I take my car when it is at its peak and I go over to the Santorinl, nobody can make a go of it. That property is in play again. People have approached us to invest in it. It is the most magnificent piece of lanck They are not going to be able to do a thing with it. It is going to stay as it is and just trouble down an,d fall because 5sou cannot use the beaches. There are vans, there are trucks, on both sides, so that yoB can't get your car through to that banScade, that railing there. All the way up around into people's dri~eways. I 'know that people have knocked on doors and saint, 'can we park in your driveway?' l'~0~mi~e but people on Duck Pond Road_ Or they don't even ask and they are blocking the drivev~as,~. And they have these little day passes, with apioce of tap~ in the window, that come fi:om bait sho:ps- That is the crux of the problem. You want to fix that profilem, you elintinate those temporary day,?arking passes. You pass this great law that you have got here, that you just said that you want to pas~ Southold resideia~s only, who are going to come with their family for the day or for an hmtr or two. Who are goi/~g to go home at night, who are not going to wan, t to party and sleep on thc beach. Those t~emporary passes from the bait shop have created a situation. B,ecause as somebody else just said, the word is out, that Duck Pond Road is it_ Anybody, from any~vll~re, can get dowax there, I mean there is .x3.p. where on either fork that you can just leave your car, in thC middle of a residential neighborhood aEd hit the beach. You have got to either go to a public beach, where you pay for the day, I don't -kno,.vg/f that is such a great idea; or you have a town pass and york eau park there only xvith a totem pass likg you know, doxvn on Nassau Point or on Sonnd Beach or Ce~Jar Beach or any of those places_ Why ,~_.ould Duck Pond be any different? Why should the whole World think they can come there, and ~ only, they are not coming with respect. They are just no!:'respecting the town, they are not respe~ng nature, they are.not respecting anything You know, like I said, 11 years is not a long time but ~:~am thinking of the good old days. Because I have the most lo~ely, amazing spot and so does everybo~,~, that Lives along that whole stretch there and nobody can walk the beaches. I am afl-aid at night_ ~'~have stairs that come up. I have alarmed my whole house, Especially after that bulkhead incideqf~ I mean, what are people doing down there? They took an axe and chopped up my bulkhead andi~urned it. It is tmacceptgble. It is those temporary day passe~ from the bait shops. 1 don't know x,~ether they are purchased and it is through the town or what it is. They have got to go. Otherwise, ,ttyat beach is done. It is done. You are going to lose one of the greatest assets you have here. Thanks. SUPERVISOR HORTON: We will address it. MS. BANK: Sorry I was long-winded. I mn passionate about it. SUPERVISOR HORTON: Not at all. And rightfully so. Rightfully so_ Again, the temporary passes are sometlfing we will deal with the Town Clerk's office. © July 27, 2004 '~-2 9 Public Heating--Duck Pond CAROLYN LUBANSKI: My name is Carolyn Lubanski and I live in Cutchogue, also the same area that we have been talking about. The concern that I have, is you are tal!dng about, and I am sorry if I didn't get this correctly, 500 feet, I gness fi:om the guardrail. And I am concerned that 500 feet is not going to be a stffficient number. Only because, as you are going do~xm to the beach, the road going up on the left is Vista Place and Glen Court aud. the concern would be then, as we now have it, with the signs saying 'no parking' fi-om 10:00 P.M. to 6:00 A_M., we have had a number of vehicles and vans parked on Vista Place and the fishermen and other people walking down to the beach_ So the concern is, I guess if we don't ha~,e parking signs for Vista Place and maybe Glen Court, we are going to see the cars parking up on those two s~eets and then either using, again, the stairs to go down to the beach or then just walkh~g, yo~ know, down the road to the beach. An4we have had many occasions whan we had the vehicles park on Vista Place that they just empty their garbage and leave it. So now, whan they leave, then you have to clean up their garbage. So there is a concern that maybe the 500 feet [s not sufficient or that we also have signs on Visa Place, as well as Glen Court saying parking Southold residents only. Thank yon. SUPERVISOR HORTON: Thank you. I think again, ~vhat [ am heating is the temporary passes are, keep coming back to akey component of this as well. Yes, Ms. Norden. MEL,~NIE NORDEN: Melaule Norden, Greenport. Just as a poim of reference, x~at happens if somebody violates the parking, do they just get a $10 ticket or do you tow them? Because if people knew that their cars were no longer going to be available, you could solve the problem instantaneously and immediately. SUPERVISOR HORTON: I don't know the answer to that offthe top of my head. MS. NORDEN: Well, maybe ~ve could add that into the recommendations because without enfomement and bite, people are more than happy to spend $10 for the parking ticket and have a two- day beach access. So I would recommend that you would consider towing vehicles that are parked illegally, particularly vehicles that are parked bem'een 10:00 and 6:00 A.M., once those vehicles are out of there and towed, you will stop the problem instantaneously. Otherwise, a ticket means nothing. SUPERVISOR HORTON: We will have to take a stronger enforcement role there. MS. NORDEN: right. And I say that because many of our beaches, including the area around where I live, 67 steps, nothing is ever enforced. There is an outstanding amount of drag dealing, we have a lot of problems with enforcement on the beaches on the north fork and I just thank we should look seriously about putting some bite into our enforcement, otherwise it is meaningless. SUPERVISOR HORTON: Okay, thank you. Are there other comments on tiffs heating? Yes, ma'am_ GERALD12qE ZUHOSKI: My name is Gerry Zuhoski and I live on Duck Pond Road. How much of that beach is actually the pubhc beach, do you know? SUPERVISOR HORTON: Anything belo~v the high water mark is public. Anyxvhere in the state of New York. © © July 27, 2004 10 Public Hearing--Duck Pond MS. ZUHOSKI: Because the road ends, you have got the motel here and then you have got some footage here and al/of these people's homes are right above the bluffs and I don't know, so [ drink if there is access for too many cars. The people are just parking there and they are going way up the beach, out of the veay of any police officer who is going to come down and try to, you know, kick them out of there, unless they can take the car or f'me them in some ~vay. They probably can't even catch them or fine them and it is a dangerous situation, I have children down there myself. SUPERVISOR HORTON: Okay, thanks, Gerry. Appreciate it. Yes, ma'am. GRAZIA VANGI: Good evening, I live on 645 Glen Court, my name is Grazia Vangi and I have the same problem that my neighbor got. Terrible, terrible way to live. And I am scared to go do~m to the beach. They curse, they just don't care. We have no bathroom there, they are not ashamed to expose themselves. It is embarrassing. My family cannot go downstairs. On Monday, I go only,' nobody is there, I go there to clean. [ clean the whole beach of boxes, cans, bottles of beer, paper, towel paper. If I don't make it in time, for high tide, everyth'mg floats on the water. It is not a nice environmentaL I have a few pictures, if you would like to see it. SUPERVISOR HORTON: Yes, we would love to have that. Would you like those incorporated into the record or would you like them back? MS. VANGk No, you canhm~e it. SUPERVISOR HORTON: Thank you. MS. VANGk I took this when I put already in the plastic bags but they were all over the place. Then this Monday, I pick up so much garbage. I call the poltce, before I pick up the garbage. And the police felt so sorry for me, they said, 'who is going to pick that?' I said, q am' because I am ashamed. I am very ashamed when I have company. They look doxxm, they say to me, you travel 100 miles to come here? It is terrible_ And k is such a beautilkd place. A beautiful place but I don't know ifI want to live here_ We have to fix this matter for all of us to be happy. Fishermen, they are nice if they are just lishing, but company and parties, to pick up so much garbage, we don't have the tovcu cleaning the beach and I like to see clean_ That is what my job is, every Monday. Cleanh~g. And I don't like to do that. SUPERVISOR HORTON: We Mil work hard so that you don't have to in the future. MS. VANGI: Thank you so much. I hope you help us, we need help. SUPERVISOR HORTON: We will definitely do our best. Thank you. Yes, ma'am. In the back. MARY YANNIOS: Hi, my name is Mary Yannios, my family has had a home here for about 30 years and i'd just like to echo the se~atiments of everyone. We all are having the same problem_ One of the things that I wanted ask, though, is it possible for us to put posted signs, like prix, rate propetZy or anything like that? Because if I understand correctly, it is the high tide mark? Above the high tide mark, is that our property? Am I correct in assuming that? © July 27, 2004 11 Public Hearing--Duck Pond SUPERVISOR HORTON: But to m~derstand, ifI understand the [aw correctly, in order to put a fence or a snoxv fence, that would delineate that... MS. YANNIOS: No. A sign, just a sign. SUPERVISOR HORTON: I think a sign would require a Trustee's permit, but you c~)uld do that. But there would be, I believe that you would have to go through the Tmstee's Office but that is something that is possible to do, yes- MS. YANNIOS: I mean, we have seen horrible things. We have al/ seen_ We have scan people · urinating, I have seen people starting fires and once, I remember a fire extending to the cliff and thank god people were there to put it out, We have seen everything. And sometimes the fishermen have their lines in the water where the children are swimming. And I have asked them just to move down the beach and been totally abused. I have been attacked by dogs, I mean, it is just ridiculous. It is ridiculous_ SUPERVISOR HORTON: Right. MS. YANNIOS: 1 think it has all been said. Thank you. SUPERVISOR HORTON: Thank )wu. Are there any other comments on this hearing? Yes, Mrs. Egan. JOAN EGAN: Just to let you people know, where I live we have a homeowner's association_ People are not allowed to come above the high fide mark, are they, Josh? On town beaches? In ours, they are not. SUPERVISOR HORTON: On to~m beaches, yes. On private beaches, below the kigh water mark, under New York State laxv is public domain. MS. EGAN: And on totem beaches they can come in byboat up to the high tide mark. SUPERVISOR HORTON: On a toxxm beach, above the high water mark is public. MS. EGAN: Yeah. Below it, they can come in. If they come in above the high tide, then they are in trouble. SUPERVISOR HORTON: On a town beach, like Jack's shack for example, on the Sound in Southold, is a tox~m beach. Which residents with beach pemxits can be on. MS. EGAN: If they come in by boat and they don't have that sticker or a permit, are they allowed? SUPERVISOR HORTON: Yes. Below the lfigh water mark, yes. MS. EGAN: Well, we have an association. What they have done on our beaches, they build the In-es and I can hear the bottles crac'king They get their jollies out of that. I would also adxfise any of you, July 27, 2004 ~' 12 O Public Hearing--Duck Pond when you call the police, first off, you get the license number and you get the cc number from the policeman. You can call the station and then you go to the station and you get the police report. SUPERVISOR HORTON: tv[rs. Egan. MS_ EG.&N: And when you have enough, you can present them to a newspaper or to Mr. Horton, the commissioner. He is the police commission~'. Bring it right up to him. A~d that is how you do it. SUPERXr[SOR HORTON: They did and that is how we got this. They brought it right to me and that is how we got this. MS. EGAN: Are you getting a salary for your police commissioner job now, Joshie? SUPERVISOR HORTON: No, I do not and I havcaft taken a raise in three years. Wonld anyone else care to address the Board on this pnblic hearing? UNDENTIFIED: I don't know ~vhat beach it is, just ricl]ng around, but ~vhere that heron is? SUPERVISOR HORTON: Paradise point. UNIDENTIFIED: Paradise Point. And what is that Cedar beach to the right .... SUPERVISOR HORTON: Cedar beach is to the south, yes. UNIDENTIFIED: Okay, they have a fence gong to the water... SUPERVISOR HORTON: That is a county beach, yes. UNIDENT15:IED: No, no_ That is on the right. On the left, where Paradise Point is, where the heron is, there is a fence going hito the water there that says private beach, no trespassing. SUPERVISOR HORTON: Okay. UNIDENTIFIED: So how did they get to do that? SUPERVISOR HORTON: Through the Trustees. lfit is a legal fence. UNIDENTIFIED: If it is legal. Crux we request that? SUPERVISOR HORTON: Through the Trustee's, yes. And they are at 765-1892. UNIDENTI]rlED: Oh, I lmow where they are. Thm~ you. SUPERVISOR HORTON: Thank you. Mr. Geiss. July 27, 2004 Public Heating--Duck Pond 13 GUNTHER GEISS: I certainly empathize with what I have heard but I would like to rem/nd us all that among us, there are responsible fish people, xvho enjoy night fishing. So in your considerations, I think you ought to allow for night fishing permits or something of the sort if you disal/ow par'king during the night hours. SUPERVISOR HORTON: Okay. Thank you..axe there other co~nments on this public heating? (No response) We will close the hearing. Southold Town Clerk #7049 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and Sta'~e of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in salad Newspaper once each week for 1 weeks successively, commencing on the 22nd day of July ,2004. Sworn to before me this 2004 CHR ST NA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01-VO6105050 Qualified In Suffolk County Commission Expires February 28, 2008 NO'riCh IS I IL..RI-J~Y (;1\:1:\. iJlal d~erc ha, Ix'un pr¢.~u'nLcd lo or llle To~ ii of SoujhoM. Suffolk CDLII1LV. NeW ~i~rk. on Ihe ~glil da~ oF.hi'c. , I.ocal I.aw L'lllillu(J ".X Local I,uw in relulion lo Parkin~ al Ihe Roud End Ar~a on I')uck I'ond Road" :md %()'I*ICE' i~ HI.:REBY FUR'I'HEI~ GIX E% Lhm H~c 'lbw~ Board of.~C ~0~ ~oullmld ~& dl hold a publk hearing on 1he al'ore,aid I,ocu114m aL LiLt ~<mfl Lol~Town I lall. 53095 Main Road. ~outimld. %ow %%~r1,. on d3c 2?Ih of luiv. 2004 ut 5:20 p.m. al wl~id~ Im,c ,11 inlm'eMcd pcl'~Oll~ ~&ill hc ~iv~n an. oppomL, ily to bc heard. The pl'Oposud I.ocal Law pnil]l~'~q "~ I ~u.~.tl.I .~. i~...,ip,~..*,,.13,,~L-' ....... t,~.~, - , de~i?lalcd, bclwccn ihe i,mrs hldk'alcd, h any L ' lc bcm lg Iocaiion~; "Nmne of Siren[ Side Bel~*een Ihe Time Location '. -.. Ilours o1' I,imil iO.n,~ ......... D':z'.~ '.'::=J '.',:;::'J ~ ................. 10:'Jg F.;:;- : · . . .. . ~2~.c:17tz:2 ra~l :t ' - ' ' ~=3 331~t~.~;~~ ~3'~ .~ . ..* · . ,. . .. -.:.. .' .= ........... ...~.. . , ~ If an) clau~e, scnlouc'b, p:u'a:Irul~h- .~ection or purL iff this l.ocal l.ax~ shM1 be t due( w ,mx cot r ) 'compcleni tu i.,clicl~on m Be invahd. II~,'.judgmcnl shall · ,d'l'~c't thc valMilx of this law as a whole or any pzul Iher~of olher Lhall ihe purl decided lo hc uncoiiMi!utional or invalid. ' ~ . ~' ~s ~cal Law s~JJ m~e e~ect imme~ate[y upon f~mg with the Secret~ ~-~ State ~ provided by law. ~f~?ated: July 13 2004 ~ )WN B( ) MiD ~ )l "l'! Il: ]'OWN ( ~[: S(')I-~OLD, BY O~ OF T~ . ' . ('OI Nl'Y (IFS[ [:l.()l.K. S'l'All~ ()1' NI,,VYO~~ : El~be~ A. Neville ~ - Southold Town Clerk . 7049-1T 7/22