HomeMy WebLinkAboutTB-06/08/1999SOUTHOLD TOWN BOARD JUNE 8, 1999
118 ',3
REGULAR MEETING
A Regular Meeting of the Seuthold Town Board was held on June 8,
1999, at the Southold Town Hall, ' Main Road, Southold, New York.
Supervisor Cochran opened the meeting at 4:30 P.M. with the Pledge of
Allegiance to the Flag.
Present:
Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Roman. Iii
Councilman Brian G. Murphy
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
SUPERVISOR COCHRAN: May I have a motion to approve the audit of the
bills for June 8, 19997
Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the following bills be and hereby are ordered paid:
General Fund Whole Town bills in the amount of $122,752.01; General Fund
Part Town bills in the amount of $7,759.36; Highway Fund Whole Town bills
in the amount of $8,958.L[1; Highway Fund Whole Town bills in the amount
of $16,003.15; Capital Projects Account bills in the amount of $85,495.00;
Ag Land Development Rights bills in the amount of $1,'016.75; Landfill
Cap & Closure bills in the amount of $15,625.89; Open Space Capital Fund
bills in the amount of $20,3~,4.00; Employee Health Benefit Plan bills in the
amount of $5,460.00; Fishers Island Ferry District bills in the amount of
$4,505.93; Refuse & Garbage District bills in the amount of $13,240.58;
Southold Wast.water District bills in the amount of $8,289.73; Fishers
Island Sewer District bills in the amount of $2,565.66; Fishers Island Ferry
District Agency and Trust bills in the amount of $162.29.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilwoman Hussie, seconded by Councilman Murphy, it was
RESOLVED that the minutes of the May 25, 1999 Town Board meeting be
and hereby are approved.
Vote of the Town Board: Ayes: Cbuncilman Murphy, Councilman
Romanelli, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by
RESOLVED that the next meeting of the Southold Town Board will be
held at 7:30 P.M., Tuesday, June 22, 1999, at the Southold Town Hall
Southold, New York. '
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Roman,Iii, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
I. REPORTS.
2.
1999.
3.
North Fork Animal Welfare League for April, 1999.
Island Group Administration, Inc. Claim Lag Report through April,
Southold Town Recreation Department Monthly Report for May, 1999.
HHS Administrators Claim Lag Study Analysis through May, 1999.
JUNE 8~ 1999 SOUTHOLD TOWN BOARD
II. PUBLIC NOTICES.
1. New York State Department of Environmental Conservation, Notice of
Public Hearing and Complete Application of Gerrard Bellesheim to
construct a bulkhea~l at Long Island SOund, 122 Soundview Road,
Southold. Written comments to be received by June 2~, 1999.
2. New York State Department of Environmental Conservation, Notice of
Complete Application of Russell/Robert McCall to install an irrigation
well at 10230 New Suffolk Avenue~ Cutchogu:e. Written comments to be
received by June 25, 1999.
3. U.S. Army Corps of Engineers, New York District, Notice of
Application of Greenport Village to extend..and repair a pier in Greenport
Harbor, Shelter Island Sound, Village of Greenport. Written comments to
be received by June 25, 1999.
III. COMMUNICATIONS.
1. Alice Amrhein, Suffolk County Department of Economic Development
Commissioner in regard to Targeted Business Investment Real Property Tax
Exemption Program.
2. Joseph Scariza, New York State Department of Transportation,
thanking Supervisor Cochran for the use of the Town Hall.
3. Edwina Latson, Eastern Long Island Hospital Auxiliary with thanks
for use of Recreation Center for annual plant sale.
IV. PUBLIC HEARINGS.
1. 5:00 P.M. on a proposed "Local Law in Relation to Amending Certain
Sections of Chapter 92, entitled Vehicles and Traffic of the Town Code of
the Town of Southold to add a Night Fishing Permit".
2. 5:05 P.M., on a proposed "Local Law in Relation to a Ninety Day
Extension of the Temporary Moratorium on the Issuance of Approvals and/or
Permits for Business Zoned Property along the Route /~8 Corridor in the
Town of Southold".
3. 5:08 P.M., on a proposed "Local Law in Relation to a Ninety Day
Extension of the Temporary Moratorium on the Issuance of Approvals and/or
Permits for Business Zoned Property along the Route 25 Corridor from the
Intersection of Route L[8 and Route 25 extending East to the Intersection of
Route 25 and Manhanset Avenue in the Town of Southold".
V. RESOLUTIONS.
SUPERVISOR COCHRAN: The Town Board has a policy that if you would
like to address us, or give any input to any of the resolutions we will be
acting upon, that you have the opportunity now. If you would llke to
address the Town Board on any Town business we would certainly welcome
you comments at the end of the meeting. At this time is there anyone that
would like to address the Town Board in relation to the resolutions? (No
response. )
1.- Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Nadler Mobile Offices, Inc. in the amount of $29,500.00, and
authorizes and directs Supervisor Jean W. Cochran to execute all necessary
agreements in relation to a new office trailer for the Southold Town Solid
Waste District, all in accordance with bid specifications, and the approval
of the Town Attorney.
1.- Vote of the Town~ Board: Ayes: Councilman Murphy, Councilman
RomanellJ, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
2.- Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town 'Board of the Town of Southold hereby
authorizes and directs SuPervisor' Jean W. Cochran to sign the 1000
Community Development Blocl~ Crant Agreements between the Town of
Southold and the County of Suffolk, all in accordance with the approval of
the Town Attorney.
2.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
SOUTHOLD TOWN BOARD JUNE 8~ 1999
3.- Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold appoint the
following 1999 summer staff as follows:
LIFEGUARDS
John Cassidy (6th year) ..................................................... $8.75/hour
Ryan Claire (2nd year) ....................................................... $7.75/hour
Eric Dantes (3rd year) ........................................................ $8.00/hour
Klm Deppoliti (7th year) ...................................................... $9.00/hour
Joyce Dumas (3rd year),. .................................................. $8.00/hour
Amy Endemann (1st year) .................................................. $7.50/hour
Caroline Gallagher (Sth year) .............................................. $8.50/hour
Kim Hespos (4th year) ........................................................ $8.25/hour
Alison Jackson (4th year) ....... ; ........................................... $8.25/hour
Marie Kayton (6th year) ...................................................... $8.75/hour
Kristie Lynch (4th year) ...................................................... $8.25/hour
Jennifer MacDonald (2nd year) .......................................... $7.75/hour
Kathryn Magill (2nd year) .................................................. $7.751hour
Lauren Markowski (2nd year) ............................... : ............. $7.75/hour
LisaMartil0tta (3rd year) ...................................................... $8.00/hour
Sara Meirowitz'(2nd year) .................................................... $7.75/hour
Jeff Meyer (1si:year) ............................................................ $7.50/hour
Alyssa Moor (3rd year) ......................................................... $8.00/hour
Erin Quane (5th year) ......................................... $8.50/hour
Marybeth Quane (2nd year) ................................................. $7.75/hOur
BEACH ATTENDANTS
Kerry Daly (2nd year) ......................................................... $6.15/hour
Michelle Falco (5th year) .................................................... $6.80/hour
Cynthia Girards (4th year) ................................................. $6,45/hour
Brendan Jordan (2nd year) ................................................. $6.15/hour
Tara Quane (4th year) ....................................................... $6.45/hour
Kristin Tuthill (2nd year) ...................................................... $6.15/hour
WATER SAFETYINSTRUCTORS
Kim Gerstung (3rd year) ..................................................... $12.75/hour
Marie Kayton (3rd year) ...................................................... $12.75/hour
BEACH MANAGERS
Christine Hoehn (1st year) ................................................... $10,001hour
Arthur Quintana (11th year) ................................................. $12.00/hour
PLAYGROUND INSTRUCTORS
Priscilla Horan (1st year) ...................................................... $8.00/hour
Karen Walsh (1 st yeai') ......................................................... $8.00/hour
LIFEGUARD TRAINER
Klm Deppoliti (7th year) ....................................................... $12,00/hour
3. - Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman Murphy. Councilman
Evans, Councilwoman Hussie,
4.-Moved by Councilman 'Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby allocates
1/4% Sales Tax for Landfill Capping totalling $/~7, 614. 00 for 1999 debt
service, plus second payment for 1998 totalling $8,060.00, relating to the
Serial Bond issued for the Hydrogeological Investigation at the Town's
Cutchogue Landfill; and be it
FURTHER RESOLVED that the Town Clerk Elizabeth A. Neville be
directed to forward a copy of this resolution to Suffolk County Executive
Robert J. Gaffney.
4. - Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
5.-Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the New Suffolk Civic Association to use the following town
roads for their fifth annual Independence Day Pa~'ade on July 4, 1999
beginning at 11:00 A.M.: Old Harbor, New Suffolk Road, and Fifth Street,
New Suffolk, '~r~ovided they fi e with the Town Clerk a One Million Dollar
Certificate :of~ ~Liability Insurance naming the Town of Southold. as an
addition insured;
5. - Vote of the . ~ Town Board: Ayes: Counci Iman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, CoUncilwoman Hussie,
Supervisor Co.ch~an.
This resolution Was duly ADOPTED.
6.- Moved by Councilwoma~ Hussie, seconded by Councilman Romanelli, it was
RESOLVED that the' Town Board of the Town of Southold hereby
authorizes the closure of Case's Lane, Cutchogue, from 7:00 .A.M. to 5:00
P.M., Saturday, July 3, 1999, in the interest of public safety, during the
Cutchogue-New Suffolk Historical Council's annual Antique Show and Sale on
the Cutchogue Village Green, provided the file with the Town Clerk a One
Million Dollar Certificate of Liability Insurance naming the Town of
Southold as an additional insured.
6.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
7.- Moved by Councilman Murphy, seconded by .Justice Evans, it was
RESOLVED that the Town Board of t~he Town of Southold hereby
authorizes Supervisor Jean W. Cochran to .execute all necessary agreements
to secure the Department of Agriculture and Markets Farmland Protection
Implement Grant. This grant is identified by Contract #C800504; the amount
of the grant is $492,500.00 and the contract period runs from 4/6/98 -
3/31/2001.
7.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelll, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
8.- Moved by Councilman Romanelli, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and direc~ts Towr~ Clerk Elizabeth Neville to advertise in
Newsday and the New York Times for resumes for the position of
provisional planner at a salary of $27,000.00
8.- Vote of the Town Board; Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SOUTHOLD TOWN BOARD JUNE 8, 1999
'187
9.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the. Town of Southold hereby
reinstates Terry Crupi to the position of Senior Coordinator on Fishers
Island, at a salary of .$9.17 per hour, effective immediately.
9. - Vote of the Town Board: Ayes: Councilman Murphy, Cou nci Iman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
10.-Mov. ed by Councilwoman .Hussie, seconded by Councilman Romanelli, it was
REsoi~Vi~D tha( the Town Board of the Town of Southold hereby
authorizes the use of Town roads Cox's Lane and Case's Lane by the Old
House Society and the Cutchogue Fire Department for the "Old House
350th Anniversary Celebration Parade beginning at 9:00 A.M. on
saturday, AugUst. 1[~, 1999, and the closing .of Case's Lane, Cutchogue, for
the special events being held on the Green for the remainder of ~he day
and ~vening, provided they file with the Town Clerk a One Million Dollar
Certificate of Insurance naming the Town of Southold as an additional
insured.
10.- the Town Board: ~ Ayes: Councilman Murphy, Councilman
Councilman Moore, Justice Evans, Councilwoman Hussie,
Cochran.
This resolution was duly ADOPTED.
11o--
use
Councilman Romanelli, seconded by Justice Evans, it was
that the Town Board of the Town of Southold authorizes the
Avenue and Tucker's Lane, Southold, New York by the
Merchants for their "Home Town Fourth of July Parade" at
.M. Noon, Sunda¥~ July 4, 199, provided they~ file with the Town
One Million~..Dollar Certificate of Insurance naming the Town of
as an additi0hal i'nsured.
Board: Ayes: Councilman Murphy, Councilman
Moore, Justice Evans, Councilwoman Hussie,
ran.
lution was duly ADOPTED.
12.-Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it. was
RESOLVED that the Town Board of the Town of Southold authorizes and
directs Town Clerk Elizabeth A. Neville to advertise for resumes for the
position of Part-Time Clerk Typist for the Southold Town Assessors Office.
12.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
13.-Moved by Councilman Moore, seconded by Justice Evans,
WHEREAS, municipa..I home rule in local planning and land use is highly
valued by local governments in New York State; and
WHEREAS, the Federal Telecommunications Act of 1996 affirmed the
authority of local governments to regulate the placement and construction of
wireless telecommunications equipment and fac~llties; and
WHEREAS, local governments should be free to exercise that authority as
they do with other local land use determination; and
WHEREAS, efforts to restrict home rule in this area are inconsistent with
land use policies in New York State; and
WHEREAS, legislation has been introduced in the New York State Senate.
S/2113. and the New York State Assembly, A.6430, which would preempt
local home rule in this area, remove the ability of local governments to set
reasonable fees, and remove authority granted in federal laws; and
WHEREAS, alternative "Community friendly" legislation has been
in~roduced in the New York State Senate, SJt782, and the New York
Assembly, A.7546, which would affirm local home rule in this area, permit
local governments to set reasonable fees, and preserve local authority
granted in federal laws; and
WHEREAS, the siting of wireless communications equipment raises
important land use and aesthetic concerns traditionally determined at the
Io~al ieve; now therefore be it
RESOLVED that the Town Board of the Town of Southold strongly opposes
S.2113/A.6430, and recommends the defeat of this, or any other legislation,
that restricts the authority of local governments to exercise their
prerogative over land., use, protect community character and maintain the
ocal decision-making' consistent with the long history of New York Law; and
be it
FURTHER RESOLVED that the Town Board of the Town of Southold
strongly support S.4782/A.7546, which affirms the authority of local
governments to exercise their prerogative over land use, protects
community character and maintains the local decision-making consistent with
the long history.of New York Law; and be: it
FURTHER RESOLVED that copies of this resolution be forwarded to our
representatives in the New York State Senate and State Assembly, the
legislative leaders of each ~house, thee New York State Conference of Mayors,
the New York State Association of Counties, the New york State Association
of Towns, the Suffolk County Executive, and the Suffolk County Board of
Legislators.
COUNCILMAN MOORE: This Town back in 1997 spent the better part of a
summer drafting a Cell 'Tower Wireless Communication Ordinance. A lot of
work was done by the Code Committee, the Board members, and the public
at large. Up in Albany, the powers that be, or some of the powers that
be. thought it would be a great idea if Albany passed a Statewide siting
law setting forth how high towers could be. where they could be located,
and the first Senate bill 2113. and it's companion or counterpart in the
Assembly 6430. would take away from the local government, local zoni~ng and
let the State make this designation, so this resolution s~tates our
opposition to those laws. In the alternative there is: a 'bill up tl~re: in
both the Senate and the Assembly, the second set of numbers I referred to
before, saying, listen if you .have already taken the effort of putting a law
in place we will grandfather you, we are going to have,some suggest~ions on
how siting ought be ' statewide uniformity, but it :recognizes those
communities that were out in front. Yea for Southold. We were out in front
back in '97, and could grandfather, and not try and usurp and take over a
local project, so that is what that resolution is all'about~
13. -Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman Murphy, Councilman
Evans, Councilwoman Hussie,
lq.-Moved by Councilman Moore, seconded by Councilman Murphy,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, Suffolk County, New York, on the 8th day of May, 1999, a
Local Law, entitled "A Local Law in Relation to Street Address Numbers",
now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby sets
5:00 P.M., Tuesday, June :)2, 1999, as the time and place for a public
hearing on this Local Law which reads as follows:
A Local Law in Relation to Street Address Numbers
Be it enacted by the Town Board of the Town of Southold as follows:
Chapter 84
STREET ADDRESS NUMBERS
§ 84-1 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings
ascribed to them by thi.q section:
FRONT or FRONTAGE- That side of a lot or parcel of land which abuts or faces the street,
or in the case of corner lots or lots having streets on more/hah one (1) side, the side or botm~l~y of
the lot which.the ma~u doorway ofthe building faee%, or, in tl~ case of lots ~.tved by an acc~s strip
or common driveway, "~0ntage" shall be where the access or driveway enters the public street
MAP- The map or maps promulg~t_~d by the Town ~'s office for the ass;gnlng of
street address numbers to all of the parcels in the town rexluired to have such re,tabors pursuant to
thi.q chapter.
OWNER- Any person or pemons, natural or corporate, who am vestexl with fee simple rifle
or a life estate to a parcel of land or portion thareof or who are responsible for the car, e, mstinteilallce
and paym0~ nt of charges or levie~ of tho property.
STREET- Any public or private right-of-way or thoroughfare utili?ed for vchicular traffic
withing the geographic boundaries of the Town of Southold excepting the incorporated Village of
Greenpor~
§ 84-2 Legislative/ntent..
It is,the purpose oflhi-~ e/mpter to establish a unif. oma sireet numberl.g system for all land
parcels within :file Town and to require iho:posfi~ of such ass{gned numbers to the exclusion of all
others in order to give each land parcel an exclusive and readily locatable addres~ While it is
k~aded-primarily to assure ,the quick and cert~ ~ response of polie% fire, ambulance and other
emergency Services to their desLr~ destination, the establishment of the ,,-~¢orm nnmhering syn.., m
will also assist so6~ p~ and COmmer~al agencies, as Well as resf~nt, and visitors, who will
alu be able to ensure that they and their goods and services arrive or are delivered in a prompt and
~Cig~t
§ 84.3 Numbering system
established.
There is hereby established a uniform street address numbering system
for all land parcels in the town in accordance with the maps or land
records promulgated by and on file with the office ofthe Town Building
Department The Director of Code Enforcement or his designee shall
keep such records based upon the Suffolk County Tax' Map system as
directed by the Town Board. The building department shall use a
uniform system for the assignment of street numbers to all land parcels
within the town and shall correct and up.re the maps recording such
numbers as necessary to keep the numbering system uniform, accurate.
and universal.
Application may be made to the building department to change or modify
assigned street numbers due to an error in the original assignment of the
number or where there is a confl!ct or dispute as to the proper number to
be assigned to any land parcel for other good cause. Such a application
shall be on a form preparec!, by the Director of Code Enforcement or his
designee. The application shall state the reason for the change in
numbering and how the new nnmbe~ will be consistent with the
numbering system in place. The Director Of Code Enforcement shall
determine the number of such parcel which decision shall be final.
In establisMng the aforesaid street address numbering system, the
building department may also assign narne~ to private roads or rights-of-
way providing access to subdivided lands which'are nnn~med on the
Suffolk Coum7 TaxMaps. The departmont, in nam!ng such prix;ato road
or right.of-way, shall take into aceotmt the name historically used by the
residents, but in no case shall ~ road name be duplicated in the applicable
fire district. Application to chap. go or modify the ,am~ of a private road
or right-of-way may be m,&~ to the buil .dh!g department in.tho same form
and manner as provided in Subsection B. 'Tho naming of tho private road
or right-of-way by the Director of Code Enforcement or M, designee ,h,,
not be construed to be an acceptance of said road or r~t-of-way'into the
town highway system
§ 84.4 posting of Numbers
Any owner of an improved land parcel in the Town of $outhold,
excluding the incorporated Village of Gre~xport, for Which a street
address number has been established on the map pursuant to § 84-3 .qhall
conspicuously post and display ~aid nnm[~r in the mariner set forth in §
84-5.
Bo
For new coastructioa, the street afldre~ number _~h~ll be posted ~
displayed wi~hln five (5) days oftbo issuance of a lmildlng perm~ No
~,,m~er is peered And displayed in aecordanee with tbe provisiohs ofmi~
chapter. D~velopment appHi~ions n~d_~ to the buildiag department.
planningboa~ zonln[ ~ aad gow~ ~.~hsll iadi~ ~
subdivisioas iadieate 1~°~'~ addre~ ~ as a co.on of
Co
tt shall be unlawful to post or maintain any number on any construction
site or completed building other than tho street address number
designated by the building department pursuant to § 84-3.
§ 84-5 Display of numbers; style and size
Manner Of display.
During construction period~ The owner ora land parcel for
which a building pemait has been issued shall have the street
address displayed on a sign or post located at the front of the
property.
Existing and newly completed buildiag~ The owner of an
existing building or newly completed building shall have the
street address n.~ml~r displayed by permanently affixing or
painting nnmerals, letters or script stating the ~nmher to the front
oftbo buildin~ Where/he building is not close enough to the
street or is not readily visible from the street, the street address
number ~h~ll be permanently ~ffi~d to a si~. post or mailbox at
tbo front ortho pareel or lot where the building is sittiate.
Style and size of nUmbers. The numerM% lettem or script used to
display the street address number of the building shall bo painted on a
plaque or the front of the building or made of metal or other durable
material. The numerals, letters or script _ehnll be at least three (3) inches
ia height. Ali street address numbers shall bo displayed so as to be eadly
seen from the stfeet by both pedestrians and drivers of vehicles.
§ 84-6 Tax bill; compliance deadline.
The street address number assigned to a land parcel ia the town pursuant
to § 84-3 Shall be indicat~ on the property tax bill applicable to said
parcel.
B. The deadline for compliance with this chapter shall'be January 1, 2000.
§ 84-7 Enforcement
This chapter shall bo enforced by any town building i-~imctor, any town code
enforcement officer, any peace Officer whm acil.g pursuant to hi.~ or her special
duties, any police officer in the employ of or under contract to the town and any
other individual duly authorized by Town Board resolufio~
§ 84-8 Penalties for Offenses
Any person violating any of the provisions of this chapter shall be guilty of a
violation and, upOn conviction thereof, shall be punishable by a frae not
exceeding three hundred fifty dollars ($350) for each offense or imprisonment
not exceeding fifteen (15) days. or both Suoh fmo and imprisohmem.
14. -Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman Murphy., Councilman
Evans, Councilwoman Hussie,
15.-Moved by Councilwoman Hussie, seconded by Councilman Moore,
WHEREAS, the Town Board of the Town of Southold pursuant to the
correspondence dated...March. 12, 1999, from Elizabeth C. Gallagher,
Suffoll~ County Executive Assistant, requesting an update of real property
the Town of Southold, hereby re-submits its original list and desires
Suffolk C0un~y to acquire the real property in its original list of real
property to Considered for the 1/4% sales tax revenue, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold re-submits its
original list of real property as it's final and complete list for
acquisition by Suffolk County with the Town 1//J,% revenues as follows:
SITE REPUTED OWNER ACREAGE
1000-125-1-6.2;6.3;6.4
Cecil Young
1.97;10.79;11.12
1000-121-4-9. l Joseph Macari 63.63
1000-125-1-14 Nofo Associates 31.70
1000-121-5-4.1
Michael Adamowicz 71
1000-121-4-8.2 Kuj awski/Rusch 4.2
1000-12 I-4-8.3 Barbara Kuj awski 4.72
1000-121-4-8.4 Marilyn Gatz 4.72
1000-121-5-1.9 Gloria Kretschmer 2.79
15. -Vote of the Town Board: Ayes: Councilman Murphy, Counci Iman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
16.-Moved by Councilman Romanelli, seconded by Justice Evans,
WHEREAS, Stacy A. and Michael J. Sheppard have proposed a
change in zone for property identified as Suffolk County Tax Map
#1000-115-9.1 consisting of approximately i.2 acres on the corner of the
south side of New Suffolk Avenue and the west side of Airway Drive,
Mattituck, New York; and
WHEREAS, on April 28, 1999, the Town Board of the Town of Southold
classified this action as an UNLISTED action pursuant to SEQRA Rules and
Regulations set forth ~n 6 NYCRR 617 et. seq. and Chapter ~,4 of the
Southold Town Code.
WHEREAS, the Town Board of the Town of Southold initiated the Lead
Agency Coordination Review process pursuant to SEQRA, on April 28, 1999,
and receiving no response within the requisite thirty (30) days, now,
therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby declares
itself Lead Agency for the above-described proposed zone change pursuant
to SEQRA Rules and Regulations set forth in 6 NYCRR 617 et.seq, and
Chapter 44 of the Southold Town Code.
16. -Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Justice E~vans, Councilwoman Hussie, Supervisor Cochran.
Abstain: Councilman Moore.
This resolution was duly ADOPTED.
17.-Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby engages
the services of H2M, at a cost of $2,390.00 to perform testing of material
from the Scavenger Waste Plant to determine if it would be suitable for
disposal at the Cutchogue Landfill.
SOUTHOLD TOWN BOARD
17. -Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman
Evans,
Murphy, Councilman
Councilwoman Hu ssie,
18.-Moved by Councilwom~n Hussie, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Tara Smith to the position of Data Entry Operator from the Suffolk
County Civil Service Department Certification' :of. Eligibles at a salary of
$23,000 effective June 22, 1999.
18. -Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor, Cochran.
This resolution was duly ADOPTED.
19.-Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Gregory Schweitzer as a Scale Operator at the Southold Town Landfill, at
a salary of $27,114.00, effective immediately.
19. -Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman MoOre, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
20.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Corazzini Asphalt, Inc. for furnishing and placing Bituminous
Surface Treatment Liquid Asphalt Grades MC-250 and RC-250 ("Oil &
Sand") within the Town of Southold, as following:
Mainland Fishers Island
Bituminous Surface Treatment Liquid Asphalt 50% RC-250 & 50%
MC-250 with the screened sand
$.90 per sq. yd. $1.75 per sq. yd.
Schim Mix Asphalt Concrete - Type 5
$ 51.00 per ton $100.00 per ton
Fog Coat: Liquid Asphalt 50% RC-250 & 50% MC-250
$ 1.00 per gal. $ 1.00 per gal.
20. -Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
21 .-Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Corazzini Asphalt, Inc. for furnishing and placing Bituminous
Surface Treatment Liquid Asphalt Grade RD-250 and lA Stone ("Oil &
Stone") within the Town of Southold, as follows:
Mainland Fishers Island
Bituminous Surface Treatment - Liquid Asphalt RC-250 & lA Stone
$.97 per sq. yd. $2.00 per sq. yd.
Schim Mix Asphalt Concrete - Type 5
$46.00 per ton
Fog Coat: RC-250 Liquid Asphalt
$ 1.00 per 9al.
21 .-Vote of the Town Board:
Romanelli, Councilman Moore,
Supervisor Cochran.
This resolution was duly ADOPTED.
$49.00 per ton
$1.00 per gal.
Ayes: Councilman Murphy, Councilman
Justice Evans, Councilwoman Hussie,
22.-Moved by Justice Evan,s, seconded by Councllman Murphy, it was
RESOLVED that the Town Board of t'he~Town of Southold hereby accepts
the bid of Corazzini Asphalt, Inc. for furnishing and placing Bituminous
Surface Treatment Liquid Asphalt Grades RD-250 & MC-250 ("Liquid
Asphalt") within the Town of Southold, as follows:
Mainland Fishers Island
$1.85 per 9al~ $2.15 per gal.
22. -Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SOUTItOIS*D TOWN~B'OARD JUNE 87 1999
23.-r v loved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Corazzinl Asphalt, Inc. for furnishing and placing Hot Mix
Asphalt Concrete Pavement Type 5 Shim Sand Mix Asphalt within the
lown of Southold, as follows:
Mainland · ·
0-350 Tons
$65.00 per ton
350-650 Tons
$55.00 per ton
650-1000 tons
$49.00
Over 1000 tons
$49.00
23.- Vote of the Town Board:
Romanelli, Councilman Moore,
Siupervisor Cochran.
This resolutiOn Was duly ADOPTED.
Fishers Island
$110.00 per ton
$ 75.00 per ton
$ 75.00 per ton
$ 65.00 per ton
Ayes: Councilman Murphy, Councilman
Justice Evans, Councilwoman Hussie,
24.-Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Corazzini Asphalt, Inc. for furnishing and placing Hot Mix
Asphalt Concert Pavement "Type 6 top" within the Town of Southold, as
follows:
Mainland
0-350 Tons
$57.00 per ton
350~650 Tons
$50.00 per ton
650--1000 Tons
$/45.00 per ton
Over 1000 Tons
$45.00 per ton
24. -Mote of the Town Board:
Romanelli, Councilman Moore,
Supervisor Cochran.
This resolution was duly ADOPTED.
Fishers Island
$120.00 per ton
$ 85.00 per ton
$ 75.00 per ton
$ 75.00 per ton
Ayes: Councilman Murphy,
Justice Evans,
Councilman
Councilwoman Hussie,
25.-Moved by. Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Corazzini Asphalt, Inc. for furnishing and placement of
Biituminous Surface Treatment - Asphalt Emulsion Grades RD-2 with lA
Stone ("Emulsions & Stone") within the Town of Southold, as follows:
Mainland Fishers Island
Blituminous Surface Treatment - Asphalt Emulsion Grades RD-2 with lA Stone
$.95 per sq. yd. $1.90 per sq. yd.
Schim Mix Concrete - Type 5
$39.00 per ton
Fog Cost: Asphalt Emulsion Grade RS-2
$1.00 per gal.
$39.00 per ton
$1.00 per gal.
25.-V0te of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
SUpervisor Cochran.
This resolution was duly ADOPTED.
Councilman Murphy, Councilman
Evans. Councilwoman Hussie,
26.- Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Corazzini Asphalt, Inc. for furnishing and placement of
Bituminous Surface Treatment - RC-250 Liquid Asphalt ("Oil & Recycled
Stone") with the Town, of Southold, as follows:
Bituminous Surface Treatment - Liquid Asphalt Grade RC250
recycled stone.
$.75 per sq. yd.
Schim Mix Asphalt Concrete - Type 5
$50.00 per ton
Fog cost: RC-250 Liquid Asphalt
$1.00 per gaJ.
26. - VOte of the Town Board: Ayes: Councilman Murphy, Councilman
Rgmanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
S~pervisor Cochran.
This resolution was duly ADOPTED.
JUNE 8, 1999 SOUTHOLD TOWN BOARD
27.-Moved by Councilman Murphy, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Thomas H. Gannon & Sons for the application of Polymer
Modified Emulsified Asphalt Pavement ("Type II Micro-Surfacing") within the
Town of Southold, all in accordance with the bid specifications, as follows:
Type "11" Micro'-Surfacing
$.84 over sq. yd.
Truing & Leveling (Type 5 -Shim)
$65.00 per ton
27.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussle,
Supervisor Cochran.
This resolution was duly ADOPTED.
28.-Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk Elizabeth Neville to advertise for
resumes for the position of Fishers Island Constable.
28. -Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
29.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby directs
that each and every individual or entity filing a tax grievance contesting
their real property assessments for the 19999-2000 tax year are not
required to affirmatively complete, as part of the tax grievance procedure,
the "Applicant Transactional Disclosure Form" as developed by the Board of
Ethics. However, all applicants are still required to comply with the Code
of Ethics. However, all applicants are still required to comply with the
Code of Ethics of the Town set forth in Chapter 10 of the Town Code, and
more specifically, Section 10-18.1 of the Town Code and fully disclose any
conflicts of interest.
29.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
30.-Moved by Justice Evans, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby approves
the preparation and filing of an application to the New York Department of
Environmental Conservation. (NYDEC) and the United State Environmental
Protection Agency (USEPA) for designation of the Peconic Estuary as a
Vessel No Discharge Zone (NDZ). The p~oposed NDe7 includes all waters
west of a line running from Montauk Point to Orient Point, and be it
further
RESOLVED that the Town Board of the Town of $outho~d intends to
~nc~ude Mattituck Creek Town waters in the Vesse~ No Discharge Zone
(NDZ) conditioned upon the Trustees of the Town of Southo~d's approva~
of the same; and be it further
RESOLVED that the Peconic Baykeeper is hereby requested and
authorized to assist the Town in the preparation and filing of said
application.
30. -Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussle,
Supervisor Cochran.
This resolution was duly ADOPTED.
31 .-Moved by Councilman Romanelli, seconded by. Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby appoint
Gregory Schweitzer to the position of Scale Operator at the Southold
Town Landfill, at a salary of $13.41 per hour, effective immediately.
31 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: We are going to stop for the public hearings.
May I have a motion to recess for the hearing in relation to fishing permits?.
SOUTHOLD TOWN!BOARD
JUNE 8, 1999
Moved by Councilwoman Hussie, seconded by Councilman Moore, it was
RESOLVED that a recess be called at this time, 5:00 P. M., for the
purpose of holding a public hearing.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Reconvened at 5:50 P.M.
SUPERVISOR COCHRAN: We have three resolutions to act on.
Moved by Justice Evans, seconded by Councilman Romanelli,
WHEREAS, there was presented to the Town Board of the Town of
Southold, on the 25th day of May, 1999, "A Local Law in Relation to
Night Fishing Permits, Chapter 92 of the Code of the Town of Southold";
and
WHEREAS, a public hearing was held on this Local Law on the 8th day
of. June, 1999, at which time all interested persons were given an
opportunity to be heard thereon, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby enacts
the following Local Law:
LOCAL LAW NO. 4 - 1999
A Local Law in Relation to Amending Certain Sections of Chapter 92,
Entitled Vehicles and Traffic of the Code of the Town of Southold to
add a Night Fishing Permit.
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
Section 1: Chapter 92 (Vehicles and Traffic) of the Town Code of
the Town of Southold is hereby amended to add a new subsection
following Section 92-42 (B) to known as Section 92-42 (C) as follows:
92.42 (C) Night Fishing Permit
(1) Purpose - For the purpose of ensudng fishmmen and shell
fishermen parking access to the beaches, creeks and waters
within the Town of So'uthold when such parking access is
normally closed (10:00 p.m. - 6:00 a.m.) the following
exception to Section 92.42 A & B is hereby created:
(2) Night Fishing Pe,uit - A night fishing parking peru,it shall
be issued by the Town Clerk or a person designated by the
Town Clerk to all persons who hold a resident parking pe[mit
or lease parking pemiit.
(3) Any motor vehicle having a night fishing permit shall be
deemed not to be in violation of Sections 92-42 A & B where
both the night fishing permit and the resident or lease parking
permit are properly displayed.
(4) The following rules and regulations apply:
At the time a motor vehicle with a night fishing permit is
parked at a location during a time in which Parking is nomially
prohibited by Section 92-42 A &B, the occupants of the
vehicle must have fishing equipment and be actively engaged
in fishing. The permit is nontransferable and valid only for
veilicles bearing the license plate number on the permit.
Fees: There shall be no annual fee for this permit.
Duration of permits: all annual night fishing permits provided
for in this section shall expire on December 31st of the year
issued.
SOUTHOLD TOWN BOARD
32.- Vote
33.-
(5) Other regulations: Persons using parking areas pursuant to
the provisions of this. section shall comply with all other laws,
ordinances, rules, regulations and restrictions thereto.
Section 2: Severability.
If any section or subsection, paragraph, clause, phrase or
provision of this law shall be judged invalid or held unconstitutional by any
court of competent jurisdiction, any judgment made thereby shall not affect
the. validity of this law as a whole or any part thereof other than the part or
provision so adjudged to be invalid or unconstitutional.
Section 3:
Secretary of State.
of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
This Local Law shall take effect upon filing with the
Councilman Murphy, Councilman
Evans, Councilwoman Hussie,
Moved by Councilman Romanelli, seconded by Councilwoman Hussie,
WHEREAS, there was presented to the Town Board of the Town of
Southold, on the 25th day of May, 1999, "A Local Law Entitled Extension
of the TOwn of Southold - Temporary Moratoribm on the Issuance of
Approvals and/or Permits for Business Zoned Property along the Route 48
Corridor in the Town of Southold"; and
WHEREAS, a public hearing was held on this Local Law on the 8th day
of June, 1999, at which time all interested persons were given an
opportunity to be heard thereon, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby enacts
the following Local Law:
LOCAL LAW NO. 5 - 1999
Ninety Day Extension of the Temporary Moratorium on the Issuance of
Approvals and/or Permits for Business Zoned Property Along The Route u,8
Corridor in the Town of Southold.
BE IT ENACTED BY, the Town Board of the Town of Southold as follows:
Section 1. PURPOSE
The Town Board of the Town of Southold adopted Looal Law No. 15-
1998 establishing a nine (9) month temporary moratorium on the Issuance of
Approvals and/or Permits for Business Zoned Property Along The Route 48
Corridor in the Town of Southold from the Riverhead/Southold Town line on
county Route 48 extending east to the intersection of Route 48 and Route 25.
Local Law No. 15-1998 became effective on September 8, 1998 and expires on
June 9, 1999. In addition, the Town Board of. the Town Of Southold adopted
Local Law No. 18-1998 establishing a nine (9) month temporary moratorium on
the Issuance of Approvals and/or Permits.for Business Zoned Property Along the
area from the intersection of Route 48 and Route 25 extending east to the
intersection of Route 25 and Manhasset Avenue in Greenport. Local Law No.
18-1998 became effective on October 22 1998 and is set to expire on July 22,
1999.
The moratorium was designed to allow time to review the existing
business and industrial zoning and implement land use 'controls to protect the
character of the Route 48 Corridor specifically and the Town of Southbld in
general. After the~ enactment-of the temporary moratorium the Town I~oard
retained the services of Cramer Consulting Group (~CCG") which specializes in
"Complete Land Use Services- Including Planning, Design and Environmental"
for consulting 'services to make recommendations as to any necessary and
appropriate changes to the future land use patterns along Route 48. CCG was
SOUTHOLD TOWN!BOARD JUNE 8, 1999
retained to undertake a detailed investigation of the commercial and industrial
zoning along the Route 48 corridor. The goal. of the investigations was to
establish a set of land use recommendations to protect and preserve the
integrity of the Rou.te 48 character while maintaining the economic viability of the
entire region. Such recommendations are to be based on detailed analysis and
documentation. The scope of services to be provided by CCG include a review
of existing plans and studies for relevance to the Route 48 Corridor, conducting
a detailed inventory through the use of existing maps, aedal photography and
field visits. The inventory will include, but not be limited to, physical setting,
existing land use on and/or surrounding the site, potential land uses, habitats,
cultural resources, views and vistas, zoning~ as appropriate;, and the preparation
of an Implementation Plan that summarizes the previous )lan and provides
gene~a[ recommendations for geographic areas along the.: oute 48 corridor.
The :impiemen.~ation i plan will include such information .~ as existing Settings,
p:oten~i~l impa~ts and',,atternatives. In addition to the imPlem ntation plan CCG
Will;pr0vide a, Series of,;site specific recommendations;der, ale ~ed and based on
the.. mPlementafion plan; These site specific recommendations will include
apPropiiate maps, I~roPerty owner information mailingS; ~,nd: Other relevant
information so that the Town Board may set public hearings~ and consider site-
specific recommendations. CCG's work includes areview ~o~1 ;the Town .Code of
the Town of Southold including suggested ' ' to achieve the
goals of .the implementation plan including outlines of the
Town Board!s consideration. CCG's job also inc lance with
respect to.both.the ImPlementation Plan and the Site
CCG submitted ~the proposed Implementation Study") to
the Town Board on April 20, 1999. The Town the Route 48
Study to SEQR and "Lead Agency".
CCG which
l~(~wn Board. A SEQR was
hal and the wdtten comment pedo( ,20, 1999
The received at the public headng are
currently being reviewed by CCG.
The reason an extension of the Route 48 moratorium-is necessary is that
while, as set forth above, extensive work and plan. ning has already taken place,
additional time ,is needed to complete the SEQR process as to the Route 48
Study, Further~ after'the SEQR process is complete and the Route 48 Study,
with any revisions stemming from either general, public inpUt or from the SEQR
process, is adopted by the Town Board, CCG will be submitting site specific
recommendations developed and based on the Route 48 study as well as
proposing changes to the Town Code of the Town of.S0uthold. The Town
Board w
Town CC
appropriate.
Southold and
the te
#
to consider any site specific mcomme~ndations and/or
and time to act on those recommenldations it considers
the economic and development pmsSure~ in. the Town of
ly along the Route 48 Corridor t~e goals and purposes of
as set forth in the Local LaW #:1~1998 and Local Law
if the temporary moratorium ;iL no[ extended
Section 2. ENACTMENT OF TEMPORARY MORATORIUM
Until ninety (90) days from the effective date of this Local Law, after
which this Local Law shall lapse and be without further~ force and effect and
subject to any other ~ Local Law adopted by the Town Board during said ninety
(90) day period, no agency, board, board officer or employee of the Town of
Southold including, but not limited to, the Town Board, the Zoning Board of
Appeals, the Trustees, the Planning Board, or the Building Inspector(s) issuing
any building permit pursuant to any provision of the Southold Town Code, shall
issue, cause to be issued or allow to be issued any approval, special exception,
variance, site plan, building permit, subdivision, or permit for any of the following
property uses listed in the following sections of the Town Code within the
following ~oning districts which are Ioc. ate¢i in the Route 48 ~rriCler: 100-61(B)
JUNE 8~ 1999 SOUTHOLD TOWN BOARD
and (C) governing the Resort Residential District; 100-71(B) and ((5) governing
the Residential Office District; 100-81(A)(2), (3) and (B) and (C) goveming the
Limited Business District; 100-101 (A)(1) through (11) and (B) and (C) governing
the General Business District; 100-130(A)(3) through (16) and (B) and (C)
governing the Light Industrial Park/Planned Office Park District and 100-141 (A)
(3) -(15)and (B) and (C) governing the Light Industrial District.
Section 3. DEFINITION OF "ROUTE 48 CORRIDOR"
The "Route 48 Corridor" is hereby defined and identified as follows: from
a point beginning at the Riverhead/Southold Town Line on Sound Avenue East
along S0und Avenue continuing East along County Route 48 to a point ending at
the intersection of Route' 48 and Route 25. The "Route 48 Corrido¢' shall
extend one ' thousand feet (1000') north and one.thousand feet (1000') south
respectively from the north road edge and the south edge of Sound Avenue and
County Road 48.
Section 4: EXCLUSIONS
This Local Law shall not apply to:
1) any person or entity who has, prior to the effective date of this Local
Law, obtained all permits required for construction of a building on any property
located in the Route 48 corridor including later applications to repair or alter, but
not enlarge, any such building otherwise prohibited during the pedod of this
temporary moratorium; and
2) parcel(s) of land currently improved with a building or buildings so long
as the application is not: a) seeking, in:whole or part, a change in the use of the
land, premises or buildings; and b) and so long as the application does not
require any applications to, or approvals, special exceptions, variances from, the
Zoning Board of Appeals of the Town of Southold.
Section 5. AUTHORITY TO SUPERSEDE
To.the extent and degree any provisions of this Local Law are construed
as inconsistent with the provisions of Town Law sections 264, 265, 265-a, 267,
267-a, 267-b, 274-a, 274-b, and 276 this Local Law is intended pursuant to
Municipal Home Rule Law Sections 10(1.)(ii)(d)(3) and section 22 to supersede
any said inconsistent authority.
Section 6. VARIANCE TO THIS MORATORIUM
Any person or. entity suffering unnecessary hardship as that term is used
and construed in Town Law section 267-b(2)(b) by reason of the enactment and
continuance of this moratorium may apply to the Zoning Board of Appeals for a
variance excepting the person's or entity's premises or a Portion thereof from the
temporary moratorium and allowing issuance of a permit all in accordance with
the provisions of the SoUthold Town Code applicable to such use or
construction.
Section 7. SEVERABIL I'FY
If any claus, e, 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 impair or' invalidate the remainder of this Local Law.
Section 8. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary
of State and shall expire and be deemed repealed ninety (90) days from the date
of filing.
SOUTHOLD TOWN'BOARD
JUNE 8, 1999
33. -Vote of the Town Board: Ayes:
Romanelli, Councilman MOOre, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman Murphy, Councilman
Evans, Councilwoman Hussie,
34.-Moved by Councilman Romanelli, seconded by Councilman Murphy,
WHEREAS, there was presented to the Town Board of the Town of
Southold, on the 25th day of May, 1999, "A Local Law Entitled Extension
of the Town of Southold Temporary Moratorium on the Issuance of
Approvals and/or Permits for Business Zoned Property along the Route 25
Corridor from the Intersection SR 25 and CR 48 East to the Intersection
.of SR 25 and Manhanset Avenue in the Town of Southold" and
WHEREAS, a public hearing was held on this Local Law on the 8th day
of June, 1999, :..at which time all interested persons were given an
:hereon, now, therefore, be it
: Town Board of the Town of Southold hereby enacts
:
'LOC~ 0.i~6 :- 1999
Ninet~ :of the Temporary Moratorium on the Issuance of
for Business Zoned Property Along the Route 25
of Route 48 and Route 25 ex~tend|ng east to
Route 25 and Manhanset Avenue in the Town of
BE IT ENACTED BY, the Town Board of the Town of Southold as follows:
Section 1 PURPOSE
The Town Board of the Town of Southold adopted Local Law No. 18-1998
establishing a nine (9) month temporary moratorium on the Issuance of Approvals and/or
Permits for Business Zoned Property Along the area from the. intersection of Route 48
and Route 25 extending east to the intersection of Route 25. and M_anhanset Avenue in
Greenport. Local Law No. 18-1998 became effective on October 22, 1998 and is set to
expire on July 22, 1999. In addition, the Town Board of the Town of Southold adopted
Local Law No. 15-1998 establishing a nine (9) month temporary moratorium on the
Issuance of Approvals and/or Permits for Business Zoned Property Along The Route 48
Corridor in the Town of Southold from the Riverhead/$outhold Town line on county
Route 48 extending east to the intersection of Route 48 and ROute 25. Local Law No. 15-
1998 became effective on September 8, 1998 and expires on June 9, 1999.
The moratorium was designed to allow time to review the existing business and
industrial zoning and implement land use controls to protect the character of the Route 48
Corridor specifically and the Town of Southold in genend. After the enactment of the
temporary moratorium the Town Board retained the services of Cramer Consulting
Group ("CCG") which specializes in "Complete Land Use Services- Including Planning,
Design and Environmental" for consulting services to make recommendations as to any
necessary and appropriate changes to the future land use patterns along Route 48. CCG
was retained to undertake a detailed investigation of the commercial and industrial zoning
along the Route 48 corridor. The goal of the investigations was to establish a set of land
use recommendations to protect and preserve the integrity of the Route 48 character
while maintaining the economic viability of the entire region. Such recommendations are
to be based on :detailed analysis and documentation. The scope of services to be
provided by CCC include a review of existing plans and studies for relevance to the
Route 48 Corridor; conducting a detailed inventory through the use of existing maps,
aerial photography and field visits. The inventory will include, but not be limited to,
physical setting, existing land use on and/or surrounding the site, potential land uses,
habitats, cultural resources, views and vistas, zoning, as appropriate; and the preparation
of an Implementation Plan that summarizes the previous plan and provides general
recommendations for' geographic areas along the Route 48 corridor. The implementation
plan will include such information as existing settings, potential impacts and akernati,;,es.
In addition to the implementatioa plan CCG will provide a series of site specific
recommendations developed and based on the implementation plan. These site specific
recommendations will include appropriate maps, property owner info,marion, mailings
and other relevant information so that the Town Board may set public hearings and
consider site-specific recommendations. CCG's 'work includes a review of the Town
Code of the Town of Southold inoluding su88eit~d r~pdlilonl ~t~o~s~l'y to aohleve the
goals of the implem, crt!;~tion plan inoluding oUtlinCa,of now drafl c~do~ for th~: Town
Board's consideration. ¢CG's job also includes $BQR compliance with ~espoot to both
the Implementation Plan and thc Site Specific recommendations.
CCG submitted the proposed Implementation Plan C'Route 48 Study") to the
Town Board on April 20, 1999. The Town Board classified the Route 48 Study as a
Type I action pursuant to SEQR and declared itself a"Lead'Agenc3P. CCG prepared a
Draft Generic Environmental Impact Study (("DGEIS") which was accepted by the Town
Board. A SEQR public hearing on the DGEIS was held on May 6, 1999 and the written
comment period ended on May 20, 1999. The comments received at the public hearing
and the written comments are currently being reviewed by CCG.
~ The reason an eXtension of the Rouie 48 moratbrium is necessary is that while, as
set torth above, eXtensive Work and planning 'has already taken place, additional time is
needed to complete the SEQR process'as to'the Route 48 Study, Further, after the SEQR
process is complete and the Route 48 Study, with any revisions stemming from:either
general public input or~ from the SEQR process, is adopted bY the Town Board, CCG
will be submitting site specific recommendations developed' and based on the Route 48
study as well as proposing changes to the Town Code of the ToTM 'of SoUthold. The
Town Board will need both time to consider any site specific recommendations and/or
Town Code revisions and time to act on those recommendations-it considers appropriate.
Due to the economic and development Pressures in the Town of~ gouthold and si;ecihcally
along the Route.48 Corridor the goals and purposes of the temporary moratorium as set
forth in the Local Law # 15-1998 and Local Law # 18,i998 Nil bl jeopardized if the
temporary moratorium is not extended.
Section 2. ENACTMENT OF TEMPORARY MORATORIUM
Until Ninety (90) days from the effective'date of this Local Law, after which this
Local Law shall lapse and be without further force and effect and ~ubject to any other
Local Law adopted by the Town Board during said ninety (90) day period, no agency,
board, board officer or employee of the Town of Southold including, but not limited to,
the Town Board, the Zoning Board of Appeals, the Trustees, the Planning Board, or the
Building Inspector(s) issuing any .building permit pursuant to any provision of the
Southold Town Code, shall issue, cause to be issued or allow to be issued any approval,
special exception, variance, site plan, building permit, subdivision, or permit for any of
the following property uses listed in the following sections of the Town Code within the
following zoning districts which are located in the Route 48 corridor: 100-6103) and (C)
governing the Resort Residential District; 100-7103) and (C) governing the Residential
Office District; 100-81(A)(2), (3) and (B) and (C) governing the Limited Business
District: 100-101(A)(1) through (1 t) and 03)and (C) governing the General Business
District; 100-130(A)(3) through (16) and (Bi and (C) governing the Light Industrial
Park/Planned Office Park District and 100-141 (A) (3) -(15) and 03) and (C) governing
the Light Industrial District.
Section 3. DEFINITION OF THE ROUTE 25 CORRIDOR FROM THE
INTERSECTION OF SR 25 AND CR 48 EAST TO THE INTERSECTION OF SR 25
AND MANHASSET AVE. IN TIIE TOWN OF SOUTHOLD ("THE CORRIDOR").
The Corridor is hereby defined and identified as follows: fi-om a point beginning
at the intersection of SR 25 and CK 48 East to a point ending at the Intersection of SR 25
and Manhanset Ave.. in the Town of Southold. The "Corridor" shall extend one thousand
feet (1000') north and one thousand feet (!000')south respectively from the north road
edge and the south edge of State Road,25.
Section 4. EXCLUSIONS
This Local Law shall not apPly to:
1) any person or entity who has, prior to the effective date of this Local Law, obtained all
permits required for. construction of a building on any property located in the Route 48
corridor including later applications to repair or alter, but not enlarge, any such building
otherwise prohibited during the period of this temporary moratorium; and
2) parcel(s) .of land :currently improved with a building or buildings so long as me
application is not: a) seeking, in whole or part, a change in the use :of the land, premises
or buildings; and b). and so long as the application does not require any applications to,
or approvals, speCial exCeptions, variances from, the Zoning Board of Appeals of the
Town of Southold.
34.- Vote
Section 5. AUTHORITY TO SUPERSEDE
To the extent, and degree any provisions of this Local Law are construed as
inconsistent with the provisions of Town Law sections 264, 265, 265-a, 267, 267-a, 267-
b, 274-a~ 274-b, .,a_n.d 276 this Local Law is intended pursuant to Municipal Home Pale
Law Sections i0(1)(ii)(d)(3.) and section 22 to supersede any said inconsistent authority.
Section 6. VARIANCE TO THIS MORATORIUM
Any persom or ~entity suffering unnecessary hardship as that term is used and
~ section 267-b(2)Co) by reason of the enaotutent and continuance
oft
the
allowing
Code applicable to:
:o the Zoning Board of Appeals for a varian~ exeepOng
portion thereof from the temporary moratorium and
accordance with the provisions of the Southold Town
or construction.
Section ;71 SEV~;,~ILITY
: i~ any dl~s~, ~e, ntence, paragraph, section, or part of this Local Law shall be
adjudgeld by,. any :cour~ of competent jur, sd~ct~on to be mvahd, the judgment shall not
impair or m~alidate the remainder of this Local Law.
Section DATE
effect on July 22, 1999 and shall expire and be deemed
; from its effective date.
of the Ayes:
Romanelli. Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman Murphy, Councilman
Evans, Councilwoman Hussie,
SUPERVISOR COCHRAN: That is the end of our resolutions. At this point
is there anyone llhat would like to address the Town Board on any Town
business?
DICK LESSER: Dick Lesser, Greenport. This is a reiteration of the Home
Occupation Law 100-31-31C.2A. I would like to have it rescinded, because
first of all the first part of that law is not enforceable, and it is not
being enforced. 15he second part, it would enable me to conduct a business
if it was rescinded. Thank you.
SUPERVISOR COCHRAN: Sir, that will be going to the Code Committee,
and we will notify you, so you can come and give input at the meeting.
Mr. Moore will notify you. Anyone else like to address the Town'Board?
CHRISTINE MALONE: My name is Christine Malone from Mattituck. I
don't know the proper forum.
CATHIE EVERETT: My name is Cathie Everett from Mattituck. It is
kind of a dual venture. We need to know the explanation of the Code as to
a business that could be run in a residential area. There is someone in our
neighborhood running a business out 'of his home. We were told by different
people, he can do this, he can't do that, and we need to know straight out
what he can do, and what he can't do. It is important for you to realize
that he does have a legal building permit to construct 18 foot high, I am
not exactly sure how many feet wide or long, building to enclose all of
these commercial vehicles, and paraphernalia that he runs the business
with. However, is he allowed to keep these on the grounds?
SUPERVISOR COCHRAN: There is always specifics. There is always
different facts, and figures. Would you please make an appointment with
our Town Attorney, and he will explain everything to you, fair, honest,
open, but everything that he possibly can to answer your questions. So
call Town Hall tomor¢ow, and ask for Mr. Yakaboski. Anyone else like to
address the Board?
THOR HANSON: I am Thor Hanson. I am President of Southold Citizen's
for Safe Roads. I wanted to just remind everybody that we are in the fifth
year of high speed gambling ferry operations without which the Planning
Board, and we as well, I think the Town Board agrees require a new site
plan, and we have asking for some while what is being done about it. I am
not here for that so much. I talked to the Planning Board, we talked to the
Planning Board about a month ago, and we. Wer~ ass. ured th. at steps are
being taken to try to bring this constltut|Onal iSSue,' in fa~t, we
understand that the Town Attorney,, outside attorney, has submitted a
motion on this constitutional issue. =v~e~ have notbeen~ 'q~ven' a Copy of it, so
we don't know what it says, but we do understand 1~hat has.happened. I
would just say that is not~'to talk
about something that is in litigati(
all to talk' about an issue, that Is
about the present site plan, the !8[[
litigation as far as I know, and'rWhich it is
allowing on a day to day basis to be violated .by thefE
anything much about it. I want to mention a few of
one has to do with the parking on' Route 25 extel
corner and head south of Route 25,
are parked, we believe to beyond the
hours. They are 'allowed to stay there
first point. On Memorial Day weeke
the way up to the park on Route 25
of parking going on out there. Two, other
end of Route 25 heading south, d°Wn~ closer to
facing south. They are not really spaces. It iS
the ferry allows cars to park for days. You will
and they go off across the way, and come back.: ..NOw~, t~hAt is!'not' supposed
to be. ,.
you
~nt to talk
in
own is
doing
The first
the
cars
two
is the
'ked all
is a lot
;I, at the
spaces
that
lem sitting there,
SUPERVISOR COCHRAN: What side is that exactly? Give me the lOcation
again.
THOR HANSON: This is at the end of Route 25 after it turns right head
south. You get right to the end. Down there near where the ferries come
in, along the extension of Route 25, cars are parked all the time, for long
periods of time. It was our understanding what that property is for, it is
State property, it is supposed to be used for local people who want to go
down there, and wait to pick up people coming off the ferry. It is also to
be used for local people, who would like to go down .and park there for bit,
and walk on the beach. That is what it is supposed to be for, or for
tourists who come out, and want to see that park at the end of Route 25
out here, but is being used by the ferry all the time for long term
parking. That is the second. Then the snack bar lot itself, I think as you
know, that is supposed to be that whole lot is called the snack bar lot,
which is to the east of Route 25 extension. That supposedly on the site
plan is supposed to be two hour snack bar parking. :That is being used
for days, long term parking, and it is our opinion. I notice that the Town
is not doing much about anything. We would like to ask you to look into
sending out and ticketing those cars, if they .are there for more than two
hours. You can establish that with chalk mark, and tow them away if they
don~t leave. Just tow tthem away, and get some attention, because this ha.s
been going on now for the past five years Or so. The o~her One, which is
a very major point is' that Site plan, that was approved in ~SU,, when the
new terminal was built, requires cars to enter the ferry, to load on the
ferry from the parking aprons there, for the loading. That is being done,
but it also requires that exiting cars coming off the ferry are supposed to
come out on that road that the ferry had to build al:ong side the ferry
headquarters there to the west of Route 25 and parallel :through 25 there is
a road tl~ere. They are supposed to exit on that road, not on Route 25.
The ferry shunts them over, and sends them out Route 25. Been doing that
for a long time, not in just this government"s time, but they have been
SOUTHOLD TOWN?BOARD
· HYNE 8, 1999
doing that, and not being told that they should exit on the road that they
were told to build, and they did that. We liked that. We liked the town to
go out, and tell the ferry they are supposed use..it is dangerous to come
Route 25 because cars are coming in to try and pick people up, and there
cars are parking along there anyway, and that shouldn't be allowed because
it is a dangerous thidg. We would ask that the Town look into telling the
ferry, enforcing the fact that the~ are supposed to use their site plan to
come out the way it is written. Finally, a couple of points, there is a
building, the old building that was, I think was the ticketing office back
before down by where the high speed ferry, the gambler boat, unloads, or
in loads, right on the waterfront essentially. In that site plan~ '8~, site
plan, that building was: supposed to be torn down, because the ticketing
office is the onelthey. Use now, the big one. Well; interestingly enough it
wasn,t torn .down:. been there a long time~ but it was also, we
notic
for a
know~?
int, e;rested in why that was refurbished externally,
thinking 'aboUt,..'~So .thht you don't get another p
operat on go ng keep ta krug about
very final one ~ink we all know that the
ly, been there quite awhile
trust the east of the snac[
owns ~sked to change into a
a lot of spoils on
~eral spoils to be
that is ~ resl So what I am here t0~:~
is just ask you to take these under consideration, tal
people, talk 'to your. Planning Board, whoever you do,
and if I am right in these assumptions, have the
enforcing. I guess underneath all of that is a questi~
certainly interesting to us, and I think to the whole
ToWn Board, what does this Town Board really envision as
there? What do you ,see:? How do you want
about the high speed boat, ferry and all of that? I
never has been cdear to me, what the vision of this Boar
Thank you.
efurbished externally, had' a
that. .~hey may have. Bu the
keS'you wonder, why did they do T It
well, maybe they are it out
speed boat, or the :gambler ~b0at. Who
I would think the "Town shoUld be
be
ling
le ', ferr~y
lnd start
I think is
What ~the
future out
, proble.m.
~hat, ,t
is fO~ that.
SUPERVISOR COCHRAN: Thank you. Thor. Anyone else like to address
the Town Board on any Town Board business?
JOHN RAUSH: I knew that the ferry' situation was alive and well,
although I didn't know it would be discussed today. One of the things that
makes Southold great is that while we grapple ~vith these problems we are
still able to make fishing space available for the residents, and the
people, because that is all part of the town, too. I just have one question
in listening to Thor, and we have an attorney on the Board, and we have
the Town Attorney present,
SUPERVISOR COCHRAN: We have two attorneys on the Board.
JOHN RAUSH: You have two attorneys on the Board. You are right. I
beg your pardon.. Do we not face the possibility of a claim of adverse
possession if they are all over the place, where they shouldn't, be, and we
take no action against them. Perhaps we don't because it is not applicable
in this case, or because there is litigation going on, but could you explain
that?
COUNCILMAN MOORE: As against the Town do you mean?
JOHN RAUSH: Claiming that the 'land has been used the way they want
to, and r~ow it is granted by a claim of adverse possession. I believe that
if you occupy another person's land long enough.
COUNCILMAN MOORE; I am just not sure I understand your question,
John. If you are claiming that just the constant use of a piece qjf property
illega Iy, as opposed to using a piece of property to cross over a State
road, you can't adversely possess against a municipality.
JUNE 8~ 1999 SOUTHOLD TOWN BOARD
JOHN RAUSCH: They will not stay on their property.
COUNCILMAN MOORE: They own their own property. The question then
becomes enforcement, non-enforcement, site plan, non-site plan. They say,
hey, you-let me do this on my property, never stopped me.
JOHN ROONEY: John Rooney, again, Southold. I question the Town
Board that there is a movement afoot that I am just wondering to what
extent it might be appropriate for the Town to look into' this. To get to
the point, there is a movement afoot to create a Long Island agricultural
market of some kind, where Long Island farmers, because it is apropos of
the discussion we have been having in order to keep farming as ~iable as
possible, and is the Town involved with Assemblywoman Acampora, Senator
Lavalle, or any people involved in this, to develop legislation that could
he!p create some kind of an agricultural market here on Long Island. I
know they are being located physically further west. Probabl¥i. tha~t is
practical, because that is where most is. But, this: would~ be a way of
promoting the purchase of Long Island agricultural ~ ~ businesses
on Long Island. It would make the marketing a lot easier than
having to go all the way into the Bronx, and it could'create a very viable
Long Isla'nc~ environment, and okay, you get the point. I think it would be
of a benefit,~ and. is the Town involved in that, or ff not:would that be a
good ideal.to get involved.
SUPERVISOR COCHRAN: We are not involved at this time. We haven't heard
from Assemblywoman Acampora or Lavalle. I know through Gaffney's
office l~here are markets that have developed through his environmental
division. I, thought they are just markets that are placed. George Praus
is the person that has been working on that. I am not familiar with the
regional market~ l~hai~ they might be working on but I certainly Will find out.
JOHN ROONEY: I saw an article. I didn't realize I would get a chance to
talk about, so~l don't have the legislation.
COUNCILMAN MOORE: I saw the same article you did.
JOHN ROONEY: So, if you can look into that, that would be good,
SUPERVISOR COCHRAN: Anyone else like to address the Town Board?
JACK WILLIAMS: Jack Williams from East Marion. Less than two years ago
in lieu of a political campaign the Town Board and the Planning Board
initiated a planned activity for $150,000, that was supported by $75,000 of
our tax money, and $75,000 from the Suffolk County Water Authority. That
planning activity went forward, and in, I believe, March, when the snows
were still on the ground Steve Jones, who is the Director of Planning for
Suffolk County came out here and held a press conference, and verbally
announced the results of that study. Some weeks later the written study
was filed h~re in Town Hall, and I as an interested citizen went to find out
where it was. It is not in any of the libraries, and in the absence of
$18.00, which is what it cost, the only place that I could see to read it
was in sort of a cubby in the back of the Planning Board Office, where the
lady was nice enough to accommodate me, and I read some of it. Now, that
is quite a report, and it is quite professional. It contains not only old
news, which is basically what the Kramer report has, which is the
condensement of all studies, but it has new data, and it also has new, and
it is something which the Town of Southold should have a chance to really
look at in some depth. Now, some will say that it not yet time because it
would be confused with the Kramer report, but I say that it is one town,
and whether it is waterfront, or agriculture, or downtown business, it is
all part of the town, and I think our residents are sophisticated enough to
be able to tell the difference between one report~ and another, and I would
hope that it would be- possible to have such a report out. Mr. Grathwohl
was talking about, YOu know, getting better communication, and I know
that Steve Jones about a month ago wrote a letter to the Town Board
offering to put together a brochure of some sort, which would explain in
somewhat simplified terms what it was that he had proposed, an~ what he
based that on, and thus far nothing has happened. So, what I wanted to
do tonight was to volunteer that if you would llke to print and-publish a
brochure on the Jones report the Southold Democratic Committee would be
delighted to pay for it.
SOUTHOLD TOWN~BOARD JUNE 8, 1999
SUPERVISOR COCHRAN: Thank you, sir. Mr. Jones has not been turned
down. The report is still with the Planning Board. I have not seen it
myself. All I know Js what when Mr. Jones did the presentation here, and
as it moves through the process we will be getting it, and you will have
every opportunity for. input and discussion. Anyone else like to address
the Town Board? (No response.) If not, I will entertain a motion to
adjourn. Thank you for joining us.
Southold Town Clerk