HomeMy WebLinkAboutTB-04/11/2000REGULAR MEETING
APRIL 11, 2000
4:30 P.M.
A Regular Meetin~ of the Southold Town Board was held on April 11, 2000, at the SoUthold
Town Hall, Main Road, SouthOld, New York. Supervisor COchran opened the meeting at 4:30
P.M.
Present:
Supervisor Jean W. Cochran
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Councilman Craig A. Richer
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
SUPERVISOR COCHRAN: May I have a motion to approve the audit of bills for April 11,
2000?
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED the following bills be and hereby are ordered paid: General Fund bills in the
amount of $135,334.90; General Fund Part Town bills in the amount of $14,917.47; Highway
Fund Whole Town bills in the amount of $12,471.37; Highway Fund Whole bills in the amount
of $22,097.84; Capital Projects Account bills in the amount of $437.50; Landfill Cap & Closure
bills in the amount of $82,317.73; Open Space Capital Fund bills in the amount of $82,317.73;
Computer System Upgrade bills in the amount of $2,059.00; Employee Health Benefit Plan bills
in the amount of $4,576.00; Fishers Island Ferry District bills in the amount of $22,769.33;
Refuse & Garbage District bills in the amount of $47,387.26; Southold Wastewater District bills
in the amount of $1,575.01; Southold Agency and Trust bills in the amount of $14,857.28;
Fishers Island Ferry District Agency and Trust bills in the amount of $251.77.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: A motion to approve the minutes of March 28, 2000, Town Board
meeting?
Moved by Councilman Romanelli, seconded by Councilman Murphy, it was
RESOLVED that the minutes of the March 28, 2000, Town Board meeting and hereby are
approved.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: To set the next regular Town Board meeting for Tuesday, April 25,
2000,
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the next meeting of the Southold Town Board will be held at 7:30 P.M.,
Tuesday, April 25, 2000, at the Southold Town Hall, Southold, New York.
Vote of the To~vn Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
I. REPORTS.
4/11/00 2
SUPERVISOR COCHRAN: As you know each month the Town Board receives Reports from
its committees, and from its different boards. They are on file in the Town Clerk's Office. They
are public information. If there is any area that you are interested in we would be very happy to
share that information with you.
1. North Fork Animal Welfare League Monthly Report for February 2000.
2. Somhold Town Recreation Department Monthly Report for March 2000.
3. Southold Town Clerk Monthly Report for March 2000.
4. Southold Town Scavenger Waste Facility for March 2000.
II. PUBLIC NOTICES.
SUPERVISOR COCHRAN: Public Notice, U.S. Army Corp of Engineers, to place shellfish
cages at Hog Neck Bay, Little Peconic. Also, the Corp of Engineers Notice of Application to
construct a recreational pier at Broadwater Cove, Little Peconic. Also, the New York State
DEC, Notice of Complete Application for William Kelley to construct a single family dwelling
adjacent to fresh water. The New York State DEC Bureau of Marine Resources to have an off
bottom culture permit. The New York State DEC, again, the Bureau of Marine Resources, public
notice relating to the application to obtain an off bottom culture permit. The first one was in
Shelter Island Sound. This second one is in Hog Neck Bay in Little Peconic in the Town of
Southold. Also the Corp of Army Engineers with an application as far as to install a fixed
elevated pier above the wetlands in Baldwin Creek in Little Peconic Bay. The New York State
Department of Transportation Notice to Repeal. Both of these, just let me get something here,
we had two notices from the New York State DOT in relation to the new light that has been put
up in the Mattituck area. They have repealed two of the restrictions, and the first one is No Turn
on Red restriction at 25 and Factory Avenue and Sigsbee Road. That has been repealed, so you
will be on red there, and the other one is no left mm restriction, left turns by traffic coming from
the North to the Western most driveway. I think we will do a press release on this so people fully
understand it, because it is confusing the way that they have sent us the information. But, just to
know there is two changes up there by the light that was causing some problems. We will have
to check that because I am still uncomfortable with it, but just so it alerts the public that two
changes have been made, so please pay attention to the signs up there.
1. U. S. Army Corp of Engineers, New York District, Notice of Application of North Fork
Shellfish Company to place shellfish cages at Hog Neck Bay, Little Peconic Bay,
Southold Town. Written comments by April 28, 2000.
2. U. S. Army Corp of Engineers, New York District, Notice of application of Thomas
Frenz to construct a recreational pier, ramp and float at Broadwater Cove, Little Peconic
Bay, Cutchogue, Southold Town. Written comments by April 30, 2000.
3. New York State Department of Environmental Conservation Notice of Complete
Application of William S. Kelly to construct a single family dwelling within the State
regulated adjacent area of freshwater wetland at Brigantine Drive, Southold Town.
Written comments by April 28, 2000.
4. New York State Department of Environmental Conservation, Bureau of Marine
Resources, Public Notice of application of Edmund Zeneski to obtain an off-bottom
culture permit, including a temporary marine area use assignment, in Shelter Island
Sound, Town of Southold. Written comments by May 12, 2000.
5. New York State Department of Environmental Conservation, Bureau of Marine
Resources, Public Notice of application of Peconic Bay Prime to obtain an off-bottom
culture permit, including two temporary marine area use sub-assignments, Hog Neck Bay
and Little Peconic Bay, Town of Southold. Written comments by May 12, 2000.
6. U.S. Corp of Army Engineers, New York District, application of William E. Pisa Relli to
install a fixed elevated pier above wetlands in Baldwin Creek, Little Peconic Bay,
Cutchogue, Town of Southold. Comments by April 19, 2000.
7. New York State Department of Transportation Notice of Order to repeal the "No Turn on
Red" restrictions on Route 25 at Factory Avenue/Sigsbee Road in Mattituck
8. New York State Department of Transportation Notice of Order to amend the '2qo Left
Turn" restriction to allow left turns by traffic coming from the north to the westernmost
driveway of the Mattituck Shopping Center at Route 25 in Mattituck.
4/11/00 3
ffi. COMMUNICATIONS.
SUPERVISOR COCHRAN: Communications, we had a letter from Senator Daniel Moynichan,
the clean up of Brookhaven National Lab, a letter from Glenn McNab, a very nice letter we
received in appreciation for the Building Department and the Tax Assessors Office. This will be
placed in their files. A letter from Steve Morris, Department of Interior, Fish, Wildlife in
relation to the Plover and Tern biology and management training workshop, a letter from Steve
Hook, who is Northeast Utilities. That is in relation to the emergency plan exemise, which we
have in Millstone, and we will be setting a meeting up with the people from the County in
emergency preparedness and Councilwoman, Justice from Fishers Island will be sitting in on that
meeting, so we can evaluate some of what we saw as minor problems. As you know the
daffodils are starting to bloom on the North Road, and we had a letter from the North Fork
Italian-American Club with a contribution for additional daffodils, and we received some other
funding also, so it is a fun thing. Also a letter from JeffHaber, Association of Towns in relation
to a thank you to the Town Board and people attending the meetings in New York.
1. Senator Daniel Patrick Moynichan in regard to cleanup of Brookhaven National
Laboratory.
2. Glenn McNab showing appreciation for Building Department and Tax Assessors
Office
3. Steve Mars, U.S Department of the Interior, Fish and Wildlife Service in regard to
Plover and Tern biology and management training workshop.
4. Steve Hook, Northeast Utilities System in regard to Millstone Emergency Plan
Exercise success.
5. Joseph Finora, North Fork Italian-American Club in regard to contribution for
daffodil planting.
6. Jeffrey Haber, Associations of Towns to Supervisor Cochran in regard to moderating
session at annual meeting
iV. PUBLIC HEARING.
5:00 P.M. on a proposed "Local Law in Relation to Exemption for Disabled Persons
with Limited Income".
V. RESOLUTIONS.
SUPERVISOR COCHRAN: As you know the Southold Town Board has a policy, that prior to
the passage of the resolutions you have the oppommity to address the Town Board in relation to
the resolutions. At the end of the meeting we also have a comment period where you can discuss
any Town business at that time. So, I would ask now, is there anyone that has any questions on
any of the resolutions we will be acting on? Yes, ma'am? You have to come to the mike and
state your name.
CHARLOTTE HANSON: Charlotte Hanson, Orient, President of the Oyster Ponds Historical
Society, number 16, I believe, should read approved quick claim deed for Brown's Hill
Cemetery to the Oyster Ponds Historical Society, and not to the Cemetery Association.
COUNCILMAN MOORE: It actually does say that.
SUPERVISOR COCHRAN: We are delighted that this is finally settled. When a cemetery is
abandoned, or no longer being cared for it becomes the responsibility of the municipality, and so
this has kind of become our responsibility, but the past few years the people from Orient would
go down, and the Historical Society, and clean it, and Jake would help as much as he could, and
then we got to the point where they felt that if they were willing to take it over, if we could work
out some details, and so we are pleased that it will be now in the hands of the Historical Society,
and it will be maintained, and taken care of the way it really should be, so we really appreciate it.
Thank you. Is there anyone else who would like to speak in relation to any of the resolutionS?
Yes, ma'am.
4/11/00 4
MELANIE SANFORD: Melanie Sanford, Locust Lane, Southold, and I would like to speak in
relation to Resolution 20 and 21 with regard to the change of zone on the Mullen Motor property,
and the Vote on the Mullen Motor change of zone. As a resident in the area I am still opposed to
the change of zone, but my question to the Board this evening is, has the Board entertained any
other solution to this other than the downzoning of the residential parcel, which was once the
Lucey property, and Colonial Comers, ~vhich is really a very lovely complex, and it is
landscaped beautifully, and the shops are just right in keeping with our colonial hamlet. Have
you entertained any other alternative sites? Maybe I should address the Town Attorney on that,
since you are the legal counsel.
SUPERVISOR COCHRAN: Relocation of Mr. Mullen, is that ~vould you asking?
MELANIE SANFORD: No, an alternative to downzoning of those two parcels with regard to
the parking problem. Another site could be explored, whether the Mullens have any other
property within the To~vn of Southold, or some municipal property that wouldn't be, you know,
as impacted as the Colonial Comer complex, and the residential parcel. Have you explored
alternatives to this proposed downzone?
TOWN ATTORNEY YAKABOSKI: The application came in, which the person has the right to
make, for rezoning of these two particular parcels of property. Today all the procedures and the
SEQRA and everything has been complied with. It is not a direct answer to your question, but
the applicant has the right to make that application.
MELANIE SANFORD: Has there been a motion on the Board's part, is what I am asking, has
there been any suggestion as to, you know, possibly entertaining another parcel?
SUPERVISOR COCHRAN: The application that came before the Board was for this particular
parcel requesting a zone change, and this is what we have worked with.
MELANIE SANFORD: So, there has been no exploration as to an alternate site for a parking
problem, or storage? There has been no exploration.
TOWN ATTORNEY YAKABOSKh I believe that your question is addressing parking and
storage, which the applicant is seeking. Correct?
MELANIE SANFORD: Correct.
TOWN ATTORNEY YAKABOSKh With all due respect your question is more appropriate to
the applicant, than the Board. That is the applicant's business.
MELANIE SANFORD: The applicant has been in direct contact with the Board.
TOWN ATTORNEY YAKABOSKI: An application.
MELANIE SANFORD: Right. Written correspondence, telephone
essentially no other site has been explored as an alternative for this project?
question.
correspondence, so
That is my
TOWN ATTORNEy YAKABOSKh I think it is a more appropriate question for the applicant.
MELANIE SANFORD: Has the applicant explored another alternative?
TOWN ATTORNEY YAKABOSKI: I can't answer that.
MELANIE SANFORD: Okay, so you don't know if they have put forth an altemative site, and
it hasn't been explored.
SUPERVISOR COCHRAN: We don't know if it has or hasn't. That is Mr. Mullen's decision.
4/11/00 5
MELANIE SANFORD: I was unable to attend the Work Session this morning, but I know a
number of people that were there, and I understand that the process involved that there is going
to be a Local Law passed in relation to this project. Am I understanding the Local Law, is there
not three weeks notice with regard to a Local Law? Can you tell me what the policy of that is?
SUPERVISOR COCHRAN: Greg, would you answer that?
TOWN ATTORNEY YAKABOSKI: A change of zone is brought about by Local Law. The
notice of Local Law was published. There was a public hearing held, which I believe you
attended OCtober 12th and November 9th. Actually there were two publications, one for the
October 12th public hearing, and one for the November 9th Public heating. After that under the
rules of procedure for a Local Law, enacting a Local Law, you comply with SEQRA, and then
there is a vote, yes or no, on the Local Law.
MELANIE SANDFORD: But this public notice has to be made with regard to passage ora Local
Law, is that correct?
TOWN ATTORNEY YAKABOSKI: Correct. That is what was in the paper. Correct.
COUNCILMAN ROMANELLI:
what that public heating was for.
For the public heating, back in October, November. That is
SUPERVISOR COCHRAN: I am not understanding you, and I don't think you are
understanding us.
COUNCILMAN MOORE: There is no requirement for additional legal notice of when you are
going to act on a Local Law.
MELANI~E SANFORD: Thank you. That is my question. My last question is, the covenants that
they plan tothadopt in conjunction with this application, are they the covenants in the paper dated
February 29 , the correspondence of February 29th, the last paper?
TOWN ATTORNEY YAKABOSKI: The copy that we sent to your attorney? The covenants
and restrictions, the way the Local Law reads is that the Local Law if the Board says, yes,
tonight on a vote of the Local Law, generically a Local Law does not become affective until you
file it with the Secretary of State. In the resolution, if the Board votes, yes, on the Local Law is
the second part of the resolution that says, directs that the Town Clerk can not file that Local
Law with the Secretary of State until the covenants and restrictions have been, which you
referenced, have been actually filed with the Suffolk County Clerk.
MELANIE SANFORD: Okay, so the covenants and restrictions that we actually referenced to
on March 27th will all this be part of the covenants and restrictions that you are adopting in
conjunction with the case?
TOWN ATTORNEY YAKABOSKI: The additional one?
MELANIE SANFORD: The covenants and restrictions drafted by the residents, the concerus of
the residents.
TOWN ATTORNEY YAKABOSKI: There was no additional changes to the covenants and
restrictions that was put in from the application.
MELANIE SANFORD: So, the covenants and restrictions that were drafted by the applicant,
Mr. Mullen, those are the covenants and restrictions that you are entertaining.
TOWN ATTORNEY YAKABOSKI: As part of the application. Correct. I am not sure of your
dates, so the covenants and restrictions, which were put forth as part of the application were not
modified after receipt of Ms. Zenck's letter to the Board.
4/11/00 6
MELANIE SANFORD: My understanding is that there was a follow-up letter saying that the
material at the heating would be entertained, but I understand the covenants and restrictions were
dated December 7th, and the follow-up covenant and restrictions were dated FebrUary 29th, and
the hearing was closed November 9th, so the ten days of times, in whiCh you receive written
material was closed as of November 19th, so the covenants and restrictions then that you are
adopting, you are not adopting anything from the residents input.
TOWN ATTORNEY YAKABOSKI: We are not adopting. I believe what has happened is that
the covenants and restrictions at the public hearing the applicant, being the applicant's attorney,
stated on the reCord that they were putting forth at the second heating covered certain covenants
and restrictions as part of the application amending their application.
MELANIE SANFORD: They amended their apphcation at the heating, which was a bit of a
curve ball, correct me, Supervisor Cochran, if ~ am wrong, but you had put to Mr. Angel would
Mr. Mullen abide by the covenants and restrictions, and Mr. Angel's response was, yes, the
applicant would do anything, you know, that is requested, and we will certainly entertain that.
Was that basically?
SUPERVISOR COCHRAN: As I recall. I would have to go back and check those minutes.
MELANIE SANFORD: So, the covenants and restrictions at that time were not outlined. It was
just mentioned that there weren't any restrictions. Where they formally submitted? The
covenants and restrictions were not formally resubmitted November 9th as I recall.
TOWN ATTORNEY YAKABOSKI: I believe at the public hearing the applicant's attorney
stated on the record that, look, we are going to amend our application to do this.
MELANIE SANFORD: He stated that he would abide by covenants and restrictions, but at that
point they weren't drafted. Is that incorrect? As I believe looking at the Town record December
7th is the first record in writing of covenants and restrictions. Is that correct? It was followed up
by a February 29th covenants and restrictions. Is that accurate?
TOWN ATTORNEY YAKABOSKI: What had happened was after the first October 12th public
hearing there were concerns raised in the audience.
MELANIE SANFORD: Absolutely.
TOWN ATTORNEY YAKABOSKI: In addition between, right around October 12th the Town
Planning Board and the Suffolk County Planning Commission also submitted recommending
conditions, which are on paper. I believe..
MELANIE SANFORD: November 8th was the date of that document, and November 9th was the
hearing.
TOWN ATTORNEY YAKABOSKI: At the hearing, I don't have the dates on top of my head,
at the hearing the applicants, I don't have the transcript in front of me with the exact words, but
simply said, look, we are here to amend our application.
MELANIE SANFORD: It was a verbal agreement. There was nothing in writing as I remember.
Was there anything?
TOWN ATTORNEY YAKABOSKI: At that time ~vhen the applicant made that statement did
not formally hand in...
MELANIE SANFORD: Right. There was no formal submission. If I am incorrect, please,
someone?
TOWN ATTORNEY YAKABOSKI: There was a written document by the applicant December
7th. Correct, However at the November 9th representation by the Attorney was made.
4/11/00 7
MELAN1E SANFORD: Right, as was representations made on our part with regard to our
concerns. It was verbal representation, but my point is, it was made very clear to us that
November 9tn the heating was closed, and we had a window of time of ten days for any
submissions, be they legal, be they layman concerns, be they pictorial submissions, but that was
the window of time to submit them, and the submissions it appears to me the applicant has had
the advantage of having a submission on December 9th, I am sorry on FebrUary 29th, and we as
area residents have a submission on March 27th and 28th, and why we were told the heating was
closed...
TOWN ATTORNEY YAKABOSKI: The Board has seen and considered, and received, as has
the Environmental Consultant each and every document fi:om Mr. Deipreto, Ms. Zenck,
everything has come in. It has been considered. It has all gone to the Board prior to tonight,
MELANIE SANFORD: I have received the covenants and restrictions, and also have Pope and
Voorhis' January 13tn recommendations to the Board in which he also mentions that mature
street trees shall be incorporated into the covenants and restrictions, as well as lighting, and I
don't see in the five page covenants and restrictions drafted by Mr. Angel any reference to that.
There is no reference to lighting, how tall they are going to be. If they are going to be the
required twelve foot poles. There is no reference to street trees, and Nelson, Pope and Voorhis
recommended that those were really essential, and I don't see them.
TOWN ATTORNEY YAKABOSKI: You are hitting all site plan issues.
MELANIE SANFORD: Can the Board assure us that these concerns, I mean these are also
concerns that were raised at the October 12th hearing. We raised concerns about lighting, angling
of the lighting, the capping, the traffic, access on to Locust Lane. We had concerns about mature
street trees, the noise. These were mentioned at the October 12th hearing.
TOWN ATTORNEY YAKABOSKI: Speaking for the Board, I believe all the issues that you
just raised very properly fall within the purview of the Planning Board in the site plan depending
on how the applicant, if in the future, the applicant chooses to develop those two parcels of
property, or in anyway change..
MELANIE SANFORD: I would imagine Mr. Mullen would want to develop those two parcels.
I can't see why he would purchase them to become a landlord, especially one of the covenants
right away has made provisions that if it is developed the red house, which I think is one of the
more exquisite examples on that property there is already a provision in there that can alter or
remove that house, which is covenant number nine, and I just wanted to know what covenant in
this package has the Board imposed as this application. What covenants have you drafted or
crafted?
COUNCILMAN MOORE: These covenants have been offered by the applicant.
MELANIE SANFORD: So, the applicant came up with all these covenants.
COUNCILMAN MOORE: That is correct.
MELANIE SANFORD: The verbal agreement, and wasn't in writing until December 7th. In all
fairness I think that the resident's covenants, and we outlined a number of them, should be
incorporated into it, too. We don't have any assurance that we are going to be protected. We
have no insurance that the lighting is going to be proper. We have no insurance that there isn't
going to be access onto Locust Lane. I mean part of the covenants is that the dealership would
advise it employees and customers not to use the side streets for test- driving. I have to tell you
yesterday there were four test drivers on my street. So, I don't know if this just, you know, a
flagrant, you know. I don't know what to think. I would like to believe that there is some
substance in this, but I think that the covenants and restrictions that the residents have come up
with should be incorporated into this, that it shouldn't be up to solely the applicants to come up
with what he is going to address and what he is not going to address, and I really think that
Charlie Voorhis in his July 13th correspondence to you, Mr. Yakaboski, saying that the street
trees and lighting are paramount, and traffic concerns are paramount, and we still as of yet have
4/11/00 8
not had a traffic study on Locust Lone. There is a traffic problem on Locust Lane, and I can't
see how the Board can entertain approval of this application not seriously looking at those two
issues. On the comers it is beautiful. It is a beautiful complex. Aesthetically it is really a plus,
and the traffic is just enormous, and that is all I have to say at this point~ Thank you.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board on the resolutions as
presented. Yes, ma'am.
JULIE SANFORD: Julie Sanford, Southold. I, also, was very concerned about the covenants as
well, because the path of the car carder is very important to the people who live on that street,
and to say that you are going to work out the details afterwards, and the site plan afterwards it
just doesn't leave us with any sense of assurance that this project, you know, going to be
mitigated to note before you, maybe before the Planning Board, but I thought that the Town
Board, that this rested in your hands, and I didn't know it was going to be popped back to the
Planning Board again. You know, we voiced our concerns about that car carrier, which still
comes around Kom Road, and I would like to know, and possibly Mr. Yakaboski could you tell
me what have the Mullens planned for the car carrier, the ingress and egress?
TOWN ATTORNEY YAKABOSKI: Are you talking currently?
JULIE SANFORD: Currently it is a problem, and in the future I don't want it to be even more of
a problem.
TOWN ATTORNEY YAKABOSKI: Again, I think in the future how the site is developed it
comes down to a Planning issue. With all due respect it is not a push-off, it is simply, that is the
way it is set up. That is their purview. That is what they look at. It is their expertise.
JULIE SANFORD: It just doesn't seem fair to pass a change of zone without these details
having been worked out, and without the Town Board kind of crafting their own covenants. I
mean I thought this was going to be a collaboration of, you know, the residents, the applicants,
and the Town Board. I didn't think that just the applicants were going to come up with their
roles.
SUPERVISOR COCHRAN: I don't think it is a matter of coming up with their own roles. We
had information from the Suffolk County Planning and all of this has been taken into
consideration. Some of the concerns you have as far as lighting and traffic and so forth do come
under the jurisdiction of the Planning Board, and the site development. Now, we certainly can
pass these concerns on, and these are things that they normally look at anyho~v. I mean these are
standard things, lighting, traffic, access, screening.
JULIE SANFORD: I am very concerned because we had waiting for Valerie Scopaz's report. I
don't remember the date, but we were waiting for it, and we kept asking for it, her comments
to the Town Board, and it was stamped confidential, and it was withheld from us, and this public
information that was being withheld, and I am just very upset. I don't think it is fair. I don't
think this process has been fair.
SUPERVISOR COCHRAN: What was withheld?
JULIE SANFORD: Valerie Scopaz drafted a report on her assessment of what she felt how this
application should be approached, and I was very unhappy with it because it basically validated
7-11's garbage on the former Lucey property as a reason to go ahead with this parking lot,
because anything would be an improvement over litter. Supervisor Cochran, with all due
respect, I know you are a major advocate of like adopt a highway, and you know, keeping our
streets clean, and it just sounds very drastic to pave a parking lot because there is litter.
SUPERVISOR COCHRAN: I started by saying, I am not going to do a back and forth thing, but
you started by saying she withheld something from you, then you said you were unhappy with it.
Are we talking two different reports or the same report?
4/11/00 9
JULIE SANFORD: I was unhappy that it was withheld, and I was unhappy that when I finally
got to read it.
SUPERVISOR COCHRAN: But you did get a copy?
JULIE SANFORD: It was too late to respond to by the time it had been handed in. We didn't get
our prompt time with this. I am just very concerned that all the details were landing back in the
Planning Board again, because I think that in order to decide ~vhether you are going to pass this
or not ingress and egress of car carriers, and access on Locust Lane and lighting, especially with
7-11 just right next door, and neighbors right next door. To pass this change of zone puts more
pressure on the next bunch of houses (tape change) It is very upsetting to me because Colonial
Comers residence, I Was a child when Colonial Comers went in. I remember when there were
houses, but residents told me that Mr. Junie Albertson promised the neighborhood he wouldn't
do anything bad because he said the Town Board would not let him do anything bad to that area,
and now twenty years later he is selling it to a car dealership.
SUPERVISOR COCHRAN: That is between Mr. Albertson and Mr. Mullen. Do you have other
questions for the Board?
JULIE SANFORD: It is also between the town. This is a Town issue.
SUPERVISOR COCHRAN: Do you have any other questions for the Board?
JULIE SANFORD: So, all the lighting, the access, ingress, egress, how about traffic study, is
that something the Planning Board is going to have to initiate? Is that something we want, a
traffic study on Locust Lane?
SUPERVISOR COCHRAN: If there is a traffic problem it can be requested of the State to do a
count down there as a result of a traffic problem. These things you are asking for in the purview
of the Planning Board. We looked at the comments from Suffolk County Planning, and any
concerns our own Planning Board had, but these are site plan development things.
JULIE SANFORD: I thought traffic was a SEQRA condition. I thought traffic triggered.
SUPERVISOR COCHRAN: Usually it is looked at through the SEQRA process, yes.
JULIE SANFORD: I am just very disturbed that these covenants can be determinated, revoked,
or amended by the Town Board, but what about the residents?
SUPERVISOR COCHRAN: I am going to have to ask you, please, I have a scheduled hearing
at 5:00 O'clock, so let me get through my hearing and then we can come back to this. May I have
a motion to recess for a public heating?
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that this Town Board meeting be and hereby is recessed at 5:00 P.M. for the
purpose of holding a public heating.
Vote of the To~vn Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Meeting reconvened at 5:05 P.M.
SUPERVISOR COCHRAN: Back to resolutions. Anyone like to address the Town Board in
relation to any of the resolutions on the agenda? Mr. Meinke?
HOWARD MEINKE: I would also like to speak on 20 and 21. My name is Howard Meinke,
President of the North Fork Environmental Council. I think it disturbs the citizens. I mean for
starters the zone change that is requested is a very important petition. It is increasing the intensity
of use somewhere. It doesn't have to be granted. There maybe reasons to grant it. I am not even
going to argue that, but it is very, very important, and I think that when the Town is agreeing to
4/11/00 10
increase the intensity of use, which really affects other citizens, the town has to be very close to
the process, and [ think the Town Board has to be very involved, and some of the interchange
here comes across to me, as a private citizen, because I haven't followed this with the intensity
that the Sanfords have. I spoke quite some time ago saying that I thought the whole SEQRA
process should be carried through, so that everything was considered and everyone was heard,
and the SEQRA process allows you to consider the alternatives if it is not granted, and nothing is
done. It would have studied tlie whole nine yards, and I feel that the Sanfords talking, and I
question whether SEQRA was really done, and the covenants are really very important to what
you are actually trying to do is do less than a full zone change. A full zone change ~vouldn't have
covenants. You would do whatever the zone allowed. They are trying to add restrictiOns, which
would make the zone change more palatable to the rest of the citizens. I think that is a fine thing
to do, but I think it may sound as though there is something wrong here that if the only covenants
and restrictions we are using are the ones that were proposed by the requester of the zone change,
and we don't have covenants and restrictions, that are put in by the Town Board, and we don't
see covenants and restrictions by the adjacent property owners. That doesn't seem proper, and I
would say that the things that you report belong in the purview of the Planning Board very
probably, technically you are right, but it would certainly to me as a citizen that I would feel
better if the Town would realize that this is a very important action, and that these traffic
questions, and lighting questions, and noise questions are very, very important that Town in the
covenants and restrictions should suggest to the Planning Board. You can arrange this however
you want, but we want these results. I feel that there is a whole lot not being done here, because
what you are saying it's the Planning Board's business, but I don't see any particulars in this lists
that says, now Planning Board we want to see your deliberations result in these affects. I think
that is very important. I think that people that are adjacent to this property feel as though they are
not getting full consideration, and that their questions aren't being answered.
SUPERVISOR COCHRAN: Thank you, Mr. Meinke. Mr. Gold?
JOE GOLD: Joe Gold, Southold, [just want to add to Howard's remarks. Sitting here again, as
someone who doesn't live in the vicinity of Mullen Motors, but if I did I would be curious,
because it seems to be that the Town Board is dancing, waving, bobbing, and referring things off
to the Planning Board. The basic fact is we have a non-conforming business. There is nobody in
their right mind to suggest that a car dealership is an appropriate business in the center of the
hamlet. That is okay. It is there. It is grandfathered. We can live with that. To let it expand willy-
hilly as it has been over the years is unconscionable. Unfortunately I am informed that Mullen
Motors has not had a great track record in living up to agreements they have made in past
expansions for various plantings and screenings that haven't occurred. This doesn't look to me
like it is been given careful consideration that the concems of these people merit, and the
concerns of someone that lives in Southold and drives through the town. That place could
become a real eyesore particularly if they don't put the trees on the property.
SUPERVISOR COCHRAN: Thank you, Mr. Gold. Anyone else like to address the Board?
NANCY OR1F. NTALE: My name is Nancy Orientale. I live almost directly across the street. I
am one of the citizens that are opposed to this downzoning. I am very concerned, and very
apathetic to the gentleman came up to very eloquently speak on what we are concerned about. It
is very frightening. How is it going to impact my home? That is what I would like to know.
What happens to my home in the future, the value, what do I do with it after the rest of the street
is totally destroyed? What happens? Do I ask for a downzone? What do I do? Are these
concerns that the Sanfords have brought up to you today, are they going to be taking care of?.
Nobody has truly bothered to know what we need. I mean, a traffic study should definitely be
done. As it is now the traffic is horrendous. I am home almost twenty-four hours a day, and for
the first time in the last two years and you wouldn't believe the traffic on that road. I can't
believe it. I have a young child. But, what do I do? I don't want lights glaring in my house. I
already have it from 7-11. I can't do anything about 7-11. So, these are our concerns to you as a
Town Board, to the Town Attorney, you know where else do we go? Where else do we turn, that
is my question? How do we remedy this situation? I ask you, what do we do? As a resident,
what do I do? Do these people consider my concerns? I am sure they are valid.
4/11/00 11
SUPERVISOR cOCHRAN: Anyone else like to address the Town Board? (No response.) If
not, we will go through the resolutions. Number one?
1.-Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
Southold Town Tree Committee to place advertisements in the Suffolk Times and the Traveler
Watchman to promote their Memorial Tree Committee Program; said cost not to exceed
$750.00.
.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
2. -Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Jean W. Cochran to execute an agreement between the Town of Southold and the
New York State Department of State for a grant in the amount of $90,000.00 for the Southold
Erosion Mitigation Project, which is part of the Goldsmith Inlet/Kennys Beach Project, funded
under Title 11 of the Environmental Protection Fund, subject to the approval of the Town
Attorney.
2.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
COUNCILMAN MOORE: I am going to make one comment on this resolution. I will yes with
the understanding, I am not conditioning my vote mind you, but this is not costing the Southold
Town taxpayers anything. We have gone through tens of thousands of dollars, hundreds of
thousands of dollars of other people's money so far studying this, and we had a long presentation
this afternoon about this mitigation project all involving the shoreline of the Sound, and the
problems there. Slowly but surely someone is trying to push this problem in our laps and make
us solve it, and I don't accept that responsibility. It wasn't our problem in the making, so by
doing these studies I don't want it suggested that we are accepting responsibility.
-Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to advertise for bids for the following road surface treatments for the year 2000 for
the Superintendent of Highways:
1. Oil and Sand
2. Oil and Stone
3. Liquid Asphalt
4. Sand Mix (Type 5 Shim)
5. Type 6 Top
6. Emulsions and Stone
7. RC-250 Liqu/d Asphalt Oil & Recycled Stone
8. Type II Micro-surfacing
3.-Vote of the To~vn Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelh, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
-Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
Elizabeth Stathis to attend a New York State Archives and Records Administration Workshop on
Inactive Records Management at Western Suffolk BOCES at Dix Hills, New York, on Monday,
May 15, 2000 and necessary travel and meal expenses shall be a legal charge to the Town Clerk
2000 budget A. 1410.4.600.300.
t~.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
5. - Moved by Justice Evans, seconded by Councilman Murphy, it was
4/11/00 12
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the
agreement between the Town of Southold the Civil Service Employees Association, Inc., Local
1000, AFSCME, AFL-CIO, to establish a unit-wide sick leave bank effective May 1, 2000.
5.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
6. - Moved by Councilman Murphy, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2000 budget as follows:
To:
REVENUES:
A.2705.40 $ 386.00
APPROPRIATIONS:
A. 3120.4.500.600 $ 386.00
Payment of Loss Property
Weapons
6.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
7.- Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Southold Town Clerk Elizabeth Neville to advertise for bids for furnishing all of the labor,
materials and equipment for the plowing, finish grading and seed'mg of the football and baseball
fields on Peconic Lane Park, Peconic, New York, all in accordance with the plans and
specifications prepared by James A. Richter, R.A.
7.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
8.-Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Southold Town Clerk Elizabeth Neville to advertise for bids for furnishing all of the labor,
materials and equipment for the construction of the Walking & Jogging Track at the Peconic
Lane Park, Peconic, New York, all in accordance with the drawings and specifications prepared
by James A. Richter, R.A.
8.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
9.-Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini
Asphalt, Inc., in the amount of $126,685.00 for furnishing all of the labor, materials, and
equipment for the construction of the Roller Hockey Rink at the Peconic Lane Park, Peconic,
New York, in accordance with the Drawings and Specification prepared by James A. Richer,
R.A.
9.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
10.-Moved by Councilman Murphy, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Jean W. Cochran to sign a contract with Corazzini Asphalt, Inc., in the amount of
$126,685.00 for furnishing all of the labor, materials and equipment for the Construction of the
Roller Hockey Rink at the Peconic Lane Park, Peconic, New York, in accordance with the
Drawings and Specifications prepared by James A. Richter, R.A., subject to the approval of the
Town Attorney.
10.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
4/11/00 13
1. - Moved by Councilman Murphy, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby mends Southold Town
Board Resolution No. 19 of the March 28, 2000 to change the effective date on the appointment
of full-time Clerk-Typist Eileen Conrad in the Southold Town Police Department from March
30, 2000 to April 13, 2000, Resolution to read as follows:
RESOLVED that the Town Board of the Town of Southold hereby appoints Eileen Conrad to
the position of full-time Clerk-Typist in the Southold Town Police Department, at a salary of
$24,208.42, effective April 13, 2000.
.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Number 12, appointing full-time clerk-typist in Justice Court
Office, is out because the person declined the position..
13. - Moved by Councilman Romanelli, seconded by Councilman Richter,
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED APRIL 1I, 2000, AUTHORIZING THE
ACQUISITION AND INSTALLATION OF A COMPUTER
SYSTEM NETWORK, INCLUDING HARDWARE, SOFTWARE
AND APPURTENANT EQUIPMENT, MACHINERY, APPARATUS
AND FURNISHINGS, IN TOWN OFFICES; STATING THE
ESTIMATED MAXIMUM COST THEREOF IS $335,000;
APPROPRIATING SAID AMOUNT THEREFOR, INCLUDING
THE 'APPROPRIATION_.OF :$50,000. CURt~-'-NT_.:F~D.$:.:.A.N..t~.':..' -. . . ,. --
AUTHORIZING THE ISSUANCE OF $285,000 SERIAL BONDS
OF SAID TOWN TO FINANCE THE BALANCE OF SAID
APPROPRIATION.
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE CouNTY OF
SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-
thirds of all the members of said Town Board) AS FOLLOWS:
Se, etlon 1. The Town of Southold, in the County of Suffoli:, NeW York.
called "Town"), is herebylauthorized to acquire and install in the several Town offi~s a computer
system network, including, but not limited to personal computers, software, equipment
machinery, apparatus and 'furnishings required for the purposes for which the network is to be
used in order to provide ifor more efficient operations of the several deparhnents of the'Town.
4/11/00 14
The estimated maximum cost thereof, including preliminary costs and costs incidental-thoreto and
m the financing thereof, is $335,000 and the said amount is hereby appropriated therefor,
including the amount of $50,000 appropriated therefor in the current (2000) budget of the Town
and available for the purp0se herein authorized ("Current Funds,,). The plan of financing includes
the expenditure of such Current Funds, the issuance of $285,000 serial bonds of the Town to
finance the balance of said appropriation, and the levy and collection of taxes on all the taxable
real property in the Town to pay the principal of said bonds and the interest thereon as the same
shall tar, omc due and payable.
Section 2. Serial bonds of the Town in the principal amount of $285,000 are hereby
"'authorized to be issued pursuant to the-provisions.of-the-Loeal-Finan-ee Law; constitu.tiag Chapter ............
33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance the
balance of said appropriation not provided from such Current Funds.
Section 3. The following additional matters are hereby determined and declared:
(a) The period of probable usefulness applicable to the specific object or purpose
for which said serial bonds authorized pursuant to this resolution are to be issued, within the
limitations of Section 11.00 a. 32. of the Law, is five (5) years.
(b) The Proceeds of the bonds herein authorized and any bond anticipation notes
issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made
after the effective date ofthii resolution for the purpose for which said bonds are authorized. The
foregoing statement of intent with respect to reimbursement is made in conformity with Treasury
Regulation Section 1.150-2 of the United Sates Treasury Department.
(c) The Supervisor, the chief fiscal officer of the Town~ is hereby authorized and
directed to set aside the Current Funds appropriated for said specific object or purpose in the 2000
budget of the Town and m expend the Current Funds solely for the specific object or purpose
herein authorized.
(d) The proposed maturity of the bonds authorized by this resolution will not exceed
five (5) years.
Section 4. Each of the bonds authorized by this resolution and any bond anticipation
notes issued in anticipation of the sale of said bonds shall contain the recital of validity as
prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said
bonds shall be general obligations of the Town, payable as to both principal and interest by
general tax upon all"the taxable-real .property"..within the Town'-without 'limitation--of rate.-or ....
4/11/00 15
amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment
of the principal of and interest on said bonds and any notes issued in anticipation of the sale of
said bonds and provision shall be made annually in the budget of the Town by appropriation for
(a) the amortization and rodemption of the bonds, and any notes in anticipation thereof tn mature
in such year and (b) the payment of interest to be due and payable in such year'.
Seotion 5. Subjeot to the provisions of this r~solution and of th~ Law and pursuant
to the provisions of Section 21.00 relative to the authorization of the issuanco of bonds with
substantially level or declining annual debt service, Section 30.00 relative to the authorization of
the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the
Law,. the powers and duties of the Town Board relative to authorizing bond anticipation notes and
prescribing the terms, form and contents and as to the sale and issuance of the bonds herein
authorized, and any bonds heretofore or hereafter authorized, and of any bond anticipation notes
issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby
delegated to the Supervisor, the chief fiscal officer of the Town.
Section 6. The validity of the bonds authorized by this resolution and of any notes
issued in anticipation of the sale of said bonds may be contested only if:
(a) such obligations are authorized for an object or purpose for which the Town
is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after
the date Of such publication, or
(c) such obligations
constitution.
Section.7. This bond resolution shall take effect immediately, and the Town Clerk
is hereby, authorized and directed to publish the foregoing resolution, in full, together with a
Notice attached in substantially the form prescribed by Section 81.00 of the Law in "THE
SUFFOLK TIMES," a newspaper pubIished in Mattituck, New York, having a general circulation
in the Town and hereby designated the official newspaper of said Town for such publication.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, CoUncilman
Romaneldi, ~CoUnciknan Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
are authorized in violation of the provisions of the
4/11/00
16
1 t~. -Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED thal the Town Board of the Town of Southold hereby authorizes and directs Town
Clerk Elizabeth Neville to advertise for School Crossing Guards for the Southold and Cutchogue
Schools.
ltd.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
15. -Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor
lean W. Cochran to execute an extension agreement between the Suffolk County Office for the
Aging and the Town of Southold for the IIIC Nutrition Program, for the period January 1, 1998
through December 31, 2000, at a total cost of $101,431.00; said agreement all in accordance with
the approval of the Town Attorney.
15.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
16.- Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Jean W. Cochran to execute any and all necessary documents to issue a Quit Claim
Deed for the parcel of property commonly known as the "Browns Hills Cemetery" in Orient to
the Oysterponds Historical Society.
16.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
17 ;* Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town Board of the Town of Southold hereby grants
permission to the Southold Village Merchants Group to use the Municipal Parking Field on the
south side of New York State Route 25, Southold for their 5th Annual Craft Fair, on Saturday,
May 27, 2000 (Raindate: Sunday, May 28, 2000, from 6:00 A.M. to 6:00 P.M. (Raindate:
Sunday, May 28, 2000, from 6:00 A.M. to 6:00 P.M.), provided they file with the Town Clerk a
One Million Dollar Certificate of Liability Insurance naming the Town of SoUthold as an
additional insured.
17.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice EVans, Supervisor Cochran.
Tlfis resolution was duly ADOPTED.
18.- Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Jean W. Cochran to execute an agreement with Diversified Technologies Corporation
for engineering services for the Fishers Island Sewer District, effective January 1, 2000 to
December 31, 2000, all in accordance of the Town Attorney.
18 .-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
9.- Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints the following
individuals to the Southold Town Tree Committee, effective immediately, for terms of office to
expire September 22, 2000:
Lawrence Catullo
James T. Glover
Thomas C. Stevenson
19.-Vote of the To~vn Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
4/11/00 17
20.-Moved by Councilman Murphy. seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby adopts the annexed SEQR
Negative Declaration for the Local Law entitled "A Local Law to Change the Zoning District
Designation of the Parcel ;of Proper~y Known as SCTM #1000-62-3-22.1 which is currently
zoned Hamlet Business (HB) District Designation and the Parcel of property known as SCTM
#1000-62-3-24.1 which is currently zoned Low-Density Residential (R-40) to the General
Business (B) District Designation".
SEQR NEaATY DECLARAIION
Notice of Delex,~inatlon of Non-Significance
Deter oJnatioa of Significance
'/,e~d/.gency: Town of SoulhokI
TowaBoard
Contact:
Blizabcth A. l~cvillc. Son,old Town Clcfl:
,To.wu ~,,. S3095 lVr~;, Y.,:~d
?;O. Box 1179
Soutk. old, lqy' 11971
April i 1, 2000
AxticI.o 8 (Sta~.. ~Eg .vlro. nm_ ~l:al l~alfty Review .- I~QR)of th~ Bnvimnmeatal Conaervatloa -Law
o~.thc, cnvm:rnm.cnt..' TI~ dctc/m~, t/on lXovkle~:.~.itcfa/~ dcacdpl/on of ~o.
projcct and outliaca thc co~Idcra.'tion~ of tho.Bo-~f, in makh~ t~;.~ ititcmhat/on: '
Title of Actlon:
'lX~tton:
. Ual/md Action (the acl/oa was'coor~-,t:d as a Tl~ I:actioa.but
Tl~'to~ acrceg& of ~_--/n'ojcct t~ 12484 acrc~ aad thc sito'lloa../a
uhc Haml.~ of'8outhold at thc ~omIm'c~t corner ofEY~ .F, butc ~'
and Loca~ Axea~. The. nmhem pod/on of ~ dt~ fro~/~'on.
~ Rout~ 2~ is ~ IhmIct Bushcss OtB) .-4 thc sotahcm
Vortioh ortho.dr,/~ zo~rA Low Dmd~y. l~a,t '{R-4O). ~
aul~jcct d~ Im aptamima~hr I~ f~ of fxonta~ along.d~ south'
ddc of'lqY8 Rou~ ~3 and .aggrax{m~tdy 28fi feci'aiong ibc wcat
side of Locust A¥cnue in 8o,,thol&
1000-62-3-22.1 and 1000- 62-3-24.1
Srt Z a-Ctton.of
Reasons SupPorting This Dctcrmhtaflou:
pre.m~ry chssification oftttc aol/on'a~ Tygc I in accor&ncc w/th 6 lq/eRR §617.5 (a)0v). This
lx~-"'"~,W determination was comm-~;catecI to involv~ and.intcre$t~I agcnc/~/a a 'lead agency
coorm-,.tion_requtm' dasd J'u~ 10. 1997. Aflcr review, and upon conaultat/oawith it~ counzd, the
l~ad eg~acy tins dct~idncd that thc ch~fication of thc actioa al~ould noi bc Typc I, but rathcr.
tmli,w.d. This c~aclmion wa~ made after a caxcful aaalysh of thc action, ia light of thc Typc I
criteria ~-t forga in 6 IqYCRK §617A, which criteth were adopted b~..the Town. h §44-4 af~e Code.
4/11/00 18
I999 and in ~ c~t~rrnaU~y ~ daf. ed December 7, 199!~, I~ applicant' rcprcsc~_~v'c form,~y
amended th~ application to incot]m~tc 1h~ mitigsIio1~ mca~M~ refcn'ed ~ I~low' into ~he project
dcsign. Thc application i~ as follows:
.Applicants ~ka ~-2c of zone for two pamcl~ r~wnol ~c S~ ~ T= ~ ~
(b). Applicants h~vc %~ccd .to maintain, a 2~-foot buffcr along ~hc.~, south~Iy and
soL~wcstcfly sides__ 0f ~t~c pro~scd p~-l~Z a~c~ ou 1~ 24.1. A bcnn of appmxhnaf~.thm~
(iii)
on thc Cottage Pl~cc sidc of thc M~tcn Motom property, the. re ~'[..,~11 bc no outdoor rcpair
work, vchiclc activity skd~ b~ restrictcd ~o access ~o and from ~hc si~ wit~ no l~rH~.~ or
storag~ of Mullcu Motors' vchiclc~ on Colu~gc Place;
Mullcn Motors .shall ad'4sc its cmpI~ and c't~t°mel's that-thcm shall be uo tc~t. ctriving
of vehicles on xe,~landal sidc strccu in ~ vicinity of tlm dca1~ahip.
Mullcn:Mot~ ,~,.~ prcscut a p1~ ~. the Town,s Plm~n~ Board
on Co~c Place from dclivcry tmc~;
(,,'iii) ~ u#, et, .p?.l ~.S ,J~u ~ Li~,m ~ ~ .?up_~? ~ ~
only, 8~dLh~ll b~ ~ssoc[~,cd. wlll3 ~c t~Johdng au~o/aoM1e-dc~dct~dp;
4/11/00 19
(b) lottcrofEP&V dat~ 718/97;
(c) Part II ofthc long;fonu.E/~ prcI~cd bY lqP&V;.
(4) I~ of
(~) supplcrncnffl rCvicw ofBA.F'by NP&V dalcd g/!O/~T;
(g) lcttcr ,taterl
Ca) attorney alraamion ~ I#25/95 i.n cppo~tion fi:om A_a~n B. Grossman, Esq.
(O lcucr dated 2/11./~ from Carolya A. 7_xalq Bsq. opposing tl~ application;
fi) lcucr datccI 7/9/95 from Carolyn A, 2~,m_ ~-, Esq. °Mx~ing'ihc application.
(k) ~ Pat~ III lq'arrafivc tr:cparcd, by ~ applicatttt' cuviro_n-~-nt~l cnn-mltaut, Frcud~thal-&
Elkowilz Consulting Oroup, Inc., dated April 1999 with thc following append.,
ofAraiy~ Dcsign, LA., t'.¢. showing fl~ IX~poscd improvcm~l~ and landscap~ as wcll'
as crdsling coMi6ons for parcels 2Zl, 24.1 and'fl~ exisliug Mullcn Motors parccls lo .thc
wcs~;
~tcd
(1) rcvicw.of BAN PaCt IR Narrative by I~&V dat~l 5/24~99;
(m) IcU~ dalcd 8/2;~9 from Carolyn*A. Zcnk, E,~cl. opposing the applicafioU;
(u) addcndum to rc~ byDunn Enginccr~ Assoc., P:C. ct~cd 9/30199;
(o) lc~_~_ m Town Clc~k fi'om ~opU. c~n~' a~omcy dated 10[7199;
letter dltte41 lllJ~/~ r~om amm~. ~l.ew~l~:.~ .(btmm~ of the t'lmmb~ aet~ efthe Tovm of
4/11/00
20
fy) zoning map encI tm-_ i,~g codc of thc Town of Southold.
Th~ lead agency slso 'considcrcd tl~ comments made at thc cxtc~ivc public h~iags hcld on this
matt= on Oct0bcr I3 and Novcmb~. 9, 1999. lvIin~ wcm takcn of both public he. aziz~s, ~nd thc
lc~d a§cncy cousidc~l thc commcnts of all persons who spokc.
Thc pot=rtl/al cllvirorimcnlal impacts iclcufificd by thc Icad a~ncy and i~s coa.sulUmt, 1,1P&V,
togeth~ with a ~m'rmary Of ~ lead agency's fia~lln~ reL~rdlng thcsc por=~tial impacts ~rc as
follows:
(a) ABa: cozuid~i~ Parts I ~uct rrr of ~hc EAF aat af= supplcmCatal rcvi~-w, NP&V issuccl Rs
I~= of Septemb~ 10, .1997, i~ four issues ~ by local ~esidcnls which
sug§cstccl ilmuld be discussed in au EAP Part IH Narrative to be prepared by the applicants, and
fixcu ut~tizecl ~s a basis for dctnmln~'on of d~i~cance. Tim Lead Al~cncy concun~l with
· EP&V's suggcstion and, on Scptcmbc~ 30, 1997, dkcctccl applicants to prepare a fulI.F, Al~
IH.to e~-css ~ i.~su~ ~'by I~&V: TM ~:wc~'c:'Dviaal ~-',.-aots, 2) ' .cu~%~ oftr~
on t~ propm% 3) ~ u.~ c-,,.~ias ami ~owth ~du~z~ ia~a~ w~m~'tt~ area, '.~cl 4)
fo) Vis~. 1 in=acts - Potcu~l adv~¢ visual ~,.,,.,~c~s o~ ~ sU~°undlng sr~.f~m fl:c propoS~
· ~tfon. have 'twin mkiga~'b¥, applicants' volunl~ offer', to pmvi~ 'D,~ ~eas and.
Iand~scapin~ ss'wclI as ~hc~r %0~-. ~,~--t to lmrd~h~ prope~ with ~he cov~nanl~ and restrictions
meu~on=t Woove; Thc Icad.agency concl .u~ics. ~ha~ u'w.folIowing ~ x~flect that ~hem.will bc
ap sig,,{i~c~ut =Iv~sc vls~l ~??act from thc. '!~0oscd ~c~io~:
(i) I~ame/.22.1 is slre~dy im~,0~ with bus~. css uscs. h ~_i~i0n, iC is j~ordcrcA on both
ddcs by cxisth~ business us~ .on the we, g, by MulIm Motor~,.and'6n'flie 'cast (ira .tl~
0thcr sldc of Locust. Avenue), by a 7-11 pm. vaiic~cc ~-c, As a rciult, the szca ~s already
~' %uslz~s"
Applicants do .not .iui~.~d 'to ¢~,!.2~ ii~ cxls~g use of pa~i 22.1, but ~ ~c
vol~'off~ m ~im~.~. ~C .of ~: m.~e ~ ~'.~' '
p~ ~ ~Ii~ ~ ~ . . .
(iv)- App.l}cants. have smcnd~xl ~cir applicaliotl to' off~ s lS-f~t ~~ b~ ~
4/11/00
21
(A) . l~ohibit ac~ss, from LocuS. Avenue- ~h¢ only. ace.s to Parcel 24.I will ~ from the.
~x~ug.par~c~g ~r~ to' the wr~
(B) ~ a 2S.foot wide buffer on thc east, ~outb and sou~wesz bor&~ of~h¢ parcel
Tlz cxisting views from Loc~ Avenue a~cI thc ~outh a~' of a vacant v~gctat~cl lot.
vicw~ ~ not. ch~gc, cr, ccpt to tlic cxtmt that thc vicws will 10c of ~,-~,capcd ~gctat~.-
azca, not a; ~ant lot. Thc berm mol landscaping a~c ~ ~o block vicw of thc park~g
combination ofbo~h) that ~ulcl. l~v¢ s subaamial negative ~ .mlucts.
(c) ~ltlllllg~l~- lql'~V id,~tlf~ed g~c ,cutling of u-ccs' on.Fat-cci 24.! ss an issue..%vcml
ro-~,~e frees we~ cut. ~ were not cu~'by gz applicant.. As ~ in connection witti IBc.
. discussion ofvtsual 'unpa~ (acc ~h ~(b)' abovc), them wlllbc a lan&capcdbuf~, on
thc ~ sou~h =d.soufir~tcst ~r~s of P~cc124.1. 'fh~ ungghtlr condi.'.l~ caused by d~ cut
p~,~ strc~ U'e_~_~_ along Locust Avenuc.
Moreover, by provi~;-g scrce~J,~ c~ Parcel 24.1 (as cliscu.~ed
thc conflict of havi,~g a p~rt~n§ area within ~ viciniVy of resiclcnccs .will bc mitigated.
Thc berm. ~ogcthcr with cxt .cnsivc l_~_,,O~api~g should screen gZ parld,g am,x from Locust
Avenu~ and the surrounding
Thc Lcad Agcncy d~. not cx~.t ~ ~o changc, bas, upon tt~ pmposcd aciion.
(iv) In connection with Parcel 22,1, applicants d9 not propose shy c~,,ge 'to d~ cxisth~ uses
or aauct, a~. It; how~-v~r, at somc point in I~ futura applicants, or lttcir successor, scck
to c~'g¢ thc Use of Pal'cc122.1, such a~gc will b~ l~mltcd lo automobil~ dealcr~Mp ~ncI
related p .u~ and will bc joincd with lhc cxisiing d~l~l~p ~o tl~e we,st.. This.
voluniary 'limi~on on the use of Parccl 22,1.~,~,' the ~ffect of:'subs~tially- ~
pot~tial u~gativc impacts from clumgcs, in !~_,,cl u.~ or ~ov~ .It ~ ~t .g~ovah~uot
allowing asr u~w', s-pc .c~livc.b,,~csscs ~ could changc ~hc .cxistiug c_ __~u:r of !~
(v) On~ o£th~ questions r~ise, a br lx~&'g'ini~..s~l~'m~lx~i~v datca ~/10/~7 ~ som~
of the co ...... cum at thc publig hcarlugs conccraexl thc fcar. flaa~ thb~!s ¢~ulcl ~ uscd
for any of. thc uscs ~ in ~hc C.~m~'~.Busincss (B) ~..,~g Di.stdc~ Tt~s fcar has
4/11/00 22
studio. The exisfiug ,,~ of comm~ccial and resicl~iial in {1~ sre~ of the'proposexl action
will notbe si~ificaufl¥ a!t~*e~L
-co~tr :~u~ is co~_ ~c~or ~a m~ sugar,- ~-a goal ~o~ aud' s ~u~t~:.
charac~r of areas outsid~ of the hamlets. Tim lmoposed ~o~iou will have the cE.eot o[
~.~ soa~. '.
'uar~;~~"(~v~.~). . '. .
Traffic ~ni~acl~ ilqld,l~'thetic imo~ ~clud~ois~ - F~ ~ fo~ ~ns. ~ ~
~I improv~ ~ ~C ~ ~g ~o~ ~ ~ R ~ not ~vc a g~i~t ucg~
~p~t on ~ ~ ~. ,~a it ~ not ~ ~:
(i)
A~plicautm submittcd a clctailexI traitic study prepared by Duuu F. usinccring A.~sociates,
P.C., Consulting B.~.ccr~, a rum that spccializcd iu lr~mc ~-ecr{-2. There is no
doubt, based upou thc Dura Eugiuccr~ study, thc couclusions of NY&V, aud thc
personal lmowlecl~¢ of d~ maml~'s of ~hc Lead Ag~cy, that by acld~g 36
parking Sl~.~ on Parcel 24,1' applicants will ~.,~ov¢ thc lraffic _o_-d part~-g cou .~tious in
~ will t~ ~o lou of parking for Colmi~I Uoum~,~ ~ propoigl ~iou, Coloui~l
lot w~th ~ ~ lmm~k~ auras. ~ hUl~V~m~ ~f{~i 14. I, u im~, ~ ~ot
The cov~n~s pmposea by applic~, ts - which include, for exmm~, no aoc~s l'om
Locust AVenue to parcel 24.1, ~{milaltons.on thc 6me of deliveries, no storage or ouriloor .
.~-'~
(iv) Ae.stl~CS arc disc,~ above in connection with vi.~,,1 {,,,y',~-aud laud us~ co-*micts.
Basccl on: tlz 1;,-;tatlo~ of ~e, for-p~.-ccl ~,1, the. hmdscap~I b~.cr arc=,, a~l the
exlcmi~ cov~,-ls mud u:~trich~ pmpom:d by applicauta, tl~ pmposcd action va3/have
no sil~dfiC~.t impaa ~-tl~ =~'.s a~-tic~. ·
(v) Since lt~ propo .~ aclion tnvolvcs no inc~easc-in ~ intensity'of ~ of Mullen l~tors -
t~.,. will .be no ~.~ansion Of tl~.Mullen MoU~rs facilitic~ other t~ tl~ addition-of ~
part~,g.spacc~-no ' .~-rcas~ in noise is. ~nE~ipa~ed.
4/11/00
23
A~lys~: ~c ~ ~ no ~mt of ~y ~ ~~ ~~ r~.
It ~ ~s ~cl~ ~t ~c ~ action- ~ ~c ~p~ ~ ~.
~; ~ ~e ~ M~ Mo~ ~c~ ~ not ~ ~d~ ~ ~on ~ ~t ~
~ of ~1~ ~ ~ ~,
~u~
~y~: ~e c~c of ~ ~ ~n of a p~g lot ~II ~t ~.a m~ ~d'f~
' ' ' '
20.-Vot~ of ~e To~ Bo~d: Ayes: Co~cilm~ ~cM~r, Co~ci~ M~hy, Co~ci~
Rom~lh, Co~cilm~ Moore, l~tic~ Byes, Sup~isor Coc~.
~is resolution wa duly ~OPTBD.
COUNCILMAN MOORE: Just a comment here. We corrected a couple of mistakes that were
made earlier. The zoning on their present property is conforming in the RB Zone down there, and
as far as thc amount of time we spent on this, I am just looking back at the dates here, we started
the Lead Agency Coordination request ~lune 10, 1997. That was three full years ago. If you look
at the Environmental Analysis that is presented in this resolution tonight it runs ten single space
pages setting forth all the things that were considered by the Environmental Consultant, who
assisted us, and the Town Board including all comments made at the public hearings and
documents that were submitted, it is substantial. I think it justifies determination.
4/11/00 24
21. - Moved by Councilman Romanelli, seconded by Councilman Richter,
WltEREAS, there was presented to the Town Board of the Town of Southold a Local Law
entitled, "A Local Law to Change the Zoning District Designation of The Parcel of Property
known as SCTM #1000-62-3-2~.1 which is currently Zoned Hamlet Business District (liB)
Designation to the General Business (B) District Designation and the parcel of property know as
SCTM #1000-62-3-24.1 which is currently zoned Low-Density Residential (R-40) to the General
Business (B) District Designation".
WHEREAS a Public Hearing was held on this Local Law on October 12, 1999 and November 9,
1999 at which time all interested persons were given an oppommity to be heard thereon, now,
therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local
Law; and
BE IT FURTHER RESOLVED that this Local Law will not be filed with the N.Y. Secretary of
State by the Town Clerk until after the petitioner of said change of zone flies certain covenants
and restrictions, enforceable by the Town of Southold, with the Suffolk County Clerk's office,
which covenants and restrictions were and are an integral part of the change of zone application.
Subsequent to such filing, this Local Law shall be transmitted to the Secretary of State pursuant
to the Town Attorney and Town Clerk procedure.
A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE
PARCEL OF PROPERTY KNOWN AS SCTM # 1000-62-3-22.1 WHICH IS
CURRENTLY ZONED HAMLET BUSINESS DISTRICT (HB) DESIGNATION TO
THE GENERAL BUSINESS (B) DISTRICT DESIGNATION AND THE PARCEL OF
PROPERTY KNOWN AS SCTM # 1000-62-3-24.1 WHICH IS CURRENTLY ZONED
LOW-DENSITY RESIDENTIAL (I{-40) TO THE GENERAL BUSINESS (B)
DISTRI'CT DESIGNATION
BE IT ENACTED by the Town Board of the Town of Southold as follows:
~ection I. Enactment
SCTM #1000-62-3-,22.1 and SCTM #1000-62-3-24.1 are more fully described
below. The parcel identified by SCTM #1000-62-3-22.1 is currently in the Hamlet
Business (HB) District as designated by the Zoning Map of the Town. The parcel
identified by SCTM #1000-62-3-24.1 is currently in the Low-Density Residential
(R-40) District as designated by the Zoning Map of the Town. Based upon the
consideration of the recommendations and comments of the Town Planning
Board and the Suffolk County Planning Commission and public comment taken
at the public hearing(s) and otherwise, we hereby change the zoning district
designation of the parcel identified by SCTM #1000-62-3-22.1 from the Hamlet
Business (HB) District designation to the General Business (B) District
designation and we hereby change the zoning district designation of the parcel
identified by SCTM #1000-62-3-24.1 from the Low-Density Residential (R40)
District designation to the General Business (B) District designation.
SCTM #1000-62-3-22.1 AND SCTM #1000-62-3-24.1
ALL that certain plot, piece or parcel of land, situate, lying and being at
Southold, Town of Southold, County of Suffolk and State of New York, known
and designated on a diagram of lots belonging to Jane A. Cochran, dated
October 1867 and dUly filed in the Office of the Suffolk County Clerk as Lots 1 &
2 and Lots 26, 27 &:28 and described property, more particularly bounded and
described as follows: BEGINNING at a point at the intersection formed by the
southerly line of Main Road (New York State Route 25) and the westerly line of
Locust Avenue; RUNNING THENCE from said point and place of beginning
along the westerly line of Locust Avenue South 22 degrees 21 minutes 20
seconds East a distance of 285.39 feet to a point and the northerly line of lands
now or formerly of David & Janice J. Szczesny; THENCE along said lands of.
David & Janice Szczesny and lands now or formerly of William Corbett'.South 73
degree, s 21 minutes 50 seconds West a distance of 162.66 feet to a point and
lands now or formerly of Barbara S. Adams; THENCE along said lands of
Barbara S. Adams and lands now or formerly of Richard F. Mullen, Jr. North 17
degrees 10 minutes 00 seconds West a distance of 48.95 feet to a point;
4/11/00 25
THENCE North 18 degrees 05 minutes 50 seconUs West a distance of-~ogAT~ -
feet to a point; THENCE South 71 degrees 55 minutes 40 seconds West-a
distance of 59.69 feet to a point; THENCE North 15 degrees 32 minutes 00
seconds West a distance of 171.74 feet to a point and the southerly line of Main
Road (New York State Route 25); THENCE along the southerly line of Main
Road (New York State Route 25) North 87 degrees 02 minutes 00 seconds East
a distance of 100.00 feet to a point; THENCE North 85 degrees 37 minutes 00
seconds East a distance of 98.92 feet to the point and place of BEGINNING.
Section II. Severability. If any section of 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 !11. This Local Law shall take effect immediately upon filing with the
Secretary of State.
COUNCILMAN MURPHY: Before I cast my vote on this I just have a few things, comments I
would like to make. This is something I have had to look at very hard over the past two years I
have been on the Board. I had to look at it from the point of view of the residents around there. I
had to look at it through the point of view of the Mullen family. In fact, at one point I decided I
was going to look at it that it wasn't the Mullen family that they had sold it to somebody else,
and somebody else, and I tried to look at it that way, and I also had to look at it with what we are
trying to do on Route 48, and preserving the corridors and everything else. I felt that in the whole
that this was preserving the hamlet, as we have tried. This business has been there for 78 years if
my calculations are correct, and this would further what we are trying to do throughout the town
is keeping the hamlets together, so for that reason I will vote, yes.
21 .-Vote of the Town Board: Ayes: Councilman Richter, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Murphy, Councilman
22. -Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town
Clerk Elizabeth Neville to purchase 100 Town Flags from the Feitrim Flag Company, Bay shore,
New York, at a cost of $7.50 per flag.
22.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTF4D.
23.-Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Jean W. Cochran to execute any and all necessary documents for a grant application
in the amount of $100,0{~0.00 to the New York State Department of State for a "Quality
Communities Demonstration Program for Year 1999-2000".
23.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Mdore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
2a. -Moved by Councilman Mo6re, seconded by Justice Evans,
WHEREAS, there was presented to the Town Board of the Town of Southold, on the 1st day of
February, 2000, A Local Law entitled, "A Local Law in Relation to Exemption for Disabled
Persons with Limited Income" of the Code of the Town of Southold; and
WHEREAS, a public heating was held on this Local Law on the 11th day of April, 2000, 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. 8 of 2000
A Local Law in Relation to Amending Chapter 85, Section 9, Article IV, entitled "Exemptions
for Disabled Persons With iLimited Income [Adopted 5-12-98 by Local Law No. 7-1998] of the
Code of the Town of South01d. ~ ..
4/11/00 26
BE IT ENACTED by the Town Board of the Town of Southold as tDllbws:
I. ARTICLE IV, Exemption for Disabled Persons With Limited Income [Adopted 5-12-
1998 by L.L. No. 7-1998]
§ 85-9. Exemption granted.
A Real property owned by a person with disabilities whose income is limited by
such disabilities, and used as the legal residence of mcr person, shall be entitlext to a
partial exemption from.taxation to the extent of 50% of assessed valuation.
B. To be eligible for the.exemption authorized by such § 459-c and implemented by
this article, the maximum income of such person shall not exceed ,,,w, .... $19~500.. Any
such person having a higher income shall be eligible' for exemption in accordance with
the following schedule:~,
percentage Asse~ssed
ValUatiOn ExemPt
Annual Income From Taxation
More than et ~ cnn
.,.~,~vv $19,500 but less than em <
,...,~00 $20~500 ~0°./~45%
$20,500 or:more but less than $21,500 25% 40%.
$21,500 or~more but less than $22,~.00 .$22~500 ~t~o/_35%
...~, .v.. ~ or more but.~..~,,o~ *~-..~....e.~-~.....,...~t~ $23~400 ~.°~°z.. 300.~
$22,200 ~or mote but less than ...... 0 $24~300 ,,no,_25%
..., ....$24~300 or mom but less than ,.,.., ~ $25~200 15% 20%
$2~,ooO $~6~Z00 or mO~re but ]ess th= $~,9~0 $~7~000 5% ZO%
$27~000 or more but l~ss than $27~900 5%
II. Severability. If any section or subsection paragraph, clause, phrase or provision of this law
shall be judged mvahd or held unconstituttonal by any court of competent 3unsdiction, any part
thereof other than the part or provision so adjudged to be invalid or unconstitutional.
]Tr. This Local Law shallltake effect 3-1-2000.
Underlme represents additmus
Strikethrough represents d~letions.
2t~.-Votc of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, CoUncilman Moore, Justice Evans, Supervmor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: That is the end of the resolutions this evening. At this point is there
anyone that would like to address the Town Board on any other Town business as it relates to the
Board. Yes, ma'am?
ANN HOPKINS: My name is Ann Hopkins and I live on Platt Road in Orient, and I want to just
briefly, l am President of the Orient Association, and in both my capacity as a resident of Platt
Road, and as head of an association that hopes to represent Orient. I just want to say something
about the matter that was discussed this morning concerning the dirt bike track on the Philips
property, which is all too close to me. I am distressed at the attitude I heard this morning which
was the Police saying they can't do anything, and the Town said if the owner gives penmssion
we can't do anything, and I know that it has been passed to the Code Committee, and I know that
the Code Committee has served us very well in past problems with the Philips and perhaps we
can get something accomplished this time. But, I think this there was really no mention made of
the fact that the Philips or their friends have constructed a track for dirt bikes, so this is like
putting in a pool, and there are no residents on this property. This is property that was a nursery
that has been fanned, and they have a track with jumps, and at one point they had it all festooned
with banners, and they had a little sort of judging stand. Some of that has been removed, perhaps
because of the criticism, but ~I think this makes that property more than just a place for the kids to
ride their bikes. It makes it an attraction that is drawing dirt bikers from all over town, and then
they ride there for a while, and then they go roaring off to other places. I want to emphasize that I
think Orient is once again like the canary in the mind, that this is a problem that we can't avoid
like the problem of so-called jet skis in the water. That it needs attention as more property, and
there is less and less farmland, or fewer and fewer farm roads. Everyplace where the kids ride
these bikes is in somebody's backyard, and I hope that the Town will address it.
4/11/00
27
SUPERVISOR COCHRAN: Thank you. If I just may. When Mr. Price gave us his letter and
came in and spoke to us the first thing I did was send it to the Police Department, yes, for their
determination in relation to legally what they can do. There is nothing in New York State DMT
Law that allows them to do anything unless the bikes are on public highways. But, if they are
private property, and the landowner gives permission there is very little that we can do. It is
going to the Code Committee for them to investigate, and perhaps look for ways, because we get
complaints in addition to other sorts of noises throughout the community, and perhaps it is time
we look again. A noise ordinance had not been put in place in this community from the times of
Chief Winters down because it is very difficult to enforce, but I think it is ume we look at it
again because as we grow some of thc noises that are there is not Southold and country.
ANN HOPKINS: A suggestion this morning you might have a noise ordinance that would
concern recreational activities only, so that you didn't hamper the legitimate uses like farmers,
and construction work. Also, Ed Forrester did not say it this morning, he told me a year or so
ago, that you can get people, property owners, if they are disturbing the peace, creating a public
nuisance, if you have so much noise, they can go after people when it is excessive.
COUNCILMAN MOORE: I have talked to the Chief. We had the noise problem from a variety
of other sources, not just this one, and I have talked to the Chief and others in the department
numerous times, and the difficulty, on the face it sounds real easy, and the hard part comes when
someone calls you to task, and wants to process, and the case falls apart. The practical problem
of disorderly conduct, or disturbing the peace, or making unreasonable, unnecessary loud noises,
it is right in the statute, but writing it, and making it stick is difficult, but we are going to look at
the fact that Freddie akeady gave me. Between the time you gave it to me and now I have
already read what you provided for me.
SUPERVISOR COCHRAN: I just got mine so I haven't read it yet, but I will.
COUNCILMAN MOORE: The one she gave me has the exemption for the private property
owners consent to allow it to happen. We talked about the issue of creating more than just
allowing someone on your property, but actually creating, inviting people by adding jumps and
that kind of stuff.
COUNCILMAN RICHTER: Also you might have alternate sites.
SUPERVISOR COCHRAN: Freddie?
FREDDIE WACHSBERGER: Just very briefly I want to address the same issue. Obviously this
is a question where there are conflicting needs and desires. Everybody understands the desire, the
need really in Southold Town for various places where kids can congregate. There really isn't
enough in Southold Town, opportunities for recreation. I am glad you are pursuing pools and
things like this. Obviously this is a developing, it is a recognition of a problem, and it would be
wonderful if there were a place that could be identified that would not impose on peoples quality
of life where such a track might be developed. It seems to me that when you talk about
recreational use when it involves a lot of people coming from elsewhere. It becomes a public
thing. It is not just a private person using their private property, and inviting a couple of friends
in. Whether there is any commercial aspect to this undertaking we obviously don't know, and
have no way of knowing, but I would just like to define. There are two problems here that need
to be addressed. One is riding of these vehicles on other people's property. For instance, we had
kids going across my back yard and through the undeveloped property woods next door to me,
and there is a real issue of liability in terms of insurance and everything. Here, I mean, if
something happens to a kid on somebody's property they are liable for that, and it really is a
terrible imposition on people to put them in that position. People who have been given
permission, even people who have given permission are hable and perhaps the people have given
permission don't realize that. So, I think that a little information here would be very important to
people, so that they know what they are letting themselves in for if they do give permission, but
the laws that I gave you the copy of obviously deal with kids riding on property where they
shouldn't be tiding, and clearly it is not just a matter of, maybe, the law has to be drafted so the
4/11/00 28
police can do something about it as if they were on public property. I would think that any riding
on private property is trespassing.
COUNCILMAN MOORE: They can do it on private property, when they don't have the owner's
consent. If someone crosses your land without your consent they are trespassing. You could
make a phone call, and say, hey, someone just crossed through on a motorbike and they had no
permission to cto so.
FREDDIE WACHSBERGER: As you can see these laws, the problems that they address and
Suffolk County addresses are that they are juveniles. There is really not much you can do about it
to stop from it unless you impound the vehicle. All these laws obviously address that,
impounding the vehicle. The other msue is this particular property, and that is where we seem to
have more of a problem, that no one can think of something to do about it when they are doing it
with the owner's permission on this particular piece of land, and here is where you get a conflict
between somebody's rights to do what they want on their own land and the impact it has on the
community. I just do think the man alluded to it, but I do think it is a little important to put this
into a historical context as well. This is unfortunately the third time that the Orient Association
has had to consider hiring legal counsel to protect the community against what was happening on
that property the first time was an application to build. About ten years ago, I think, Ann? An
apphcation to build a commercial warehouse. This is an agricultural residential R-80 property.
To get a variance to build a commercial warehouse on that property, I was President of the
Orient Association, and we had to hire an attorney to squelch that. The second time was the
application to lease the land for a cellular tower, and we all know about that, and the time we had
to spend on that. So, this is the third time, and what we have here is a problem of a non-resident,
or an absentee owner, somebody who owns property but doesn't live in the community, and
therefore doesn't have a concern. I mean, I don't criticize the kids who want to ride bikes there.
I really criticize the owners of this property for having no concern for the community in which
they own property that do not live, but who have tried repeatedly to exploit that property beyond
what is legitimate under the terms of the zoning at the expense of the quality of life, ~vell-being,
and property values of the people surrounding it. So, whether we find some statute or means of
whether it is a noise ordinance w/th which to limit noise to certain hours, and could be
specifically addressed recreational use rather than necessary use, which would address jet skis, as
well being of the community as this kind of activity. But, something has to be found for the
general well being of the community, and obviously Mr. Richter's suggestion of an alternate
place that would be a public place where it is sanctioned for all of these people to go, and
congregate and enjoy their sport. Obviously that would be the ideal solution. Thank you.
SUPERVISOR COCHRAN: Thank you. Anyone else like to address the Board?
JACK WILLIAMS: Jack Williams from East Marion. I have observed that the voice actuated
public address system doesn't actuate itself very well. I want to remind you all that people who
address the Town Board are often in a stressful situation, and find it very, very difficult to
maintain a flow of continuity of thought, and to make a decent presentation when the public
address system is going in and out. I think as a matter of courtesy you ought to get your
contractor who put this thing in to fix it up so it works.
SUPERVISOR COCHRAN: Thank you, Mr. Williams.
JIM HAAG: Good evening. My name is Jim Haag. I live on Orchard in Orient. Just pursuant to
what Freddie was talking about a second ago about the situation, I couldn't be as eloquent as she
was about the legal parts of this, but having left here for three years now. It is a wonderful town.
I fmd that one of the most attractive things about it is that people are sensitive to one another,
and respect each other's rights. I have seen that personally in this area. When the expected use
of a property changes so dramatically as to have something like a dirt bike track on your property
next door I ~vould think that people would have respect to have a hearing, or some kind of a
forum where this could be discussed before a such thing like this would be in place before that
would change the quality of life so much in the neighborhood, and I hope that this is given very
serious consideration. Everybody on Orchard Street that I know is actually curious about this,
and I think that part of the reason we all love it here so much is that we do respect one another,
and usually are sensitive to one another, and this is a major change in use of this area. It is
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usually agricultural use, I believe, or residentially zoned. I don't see how this comes into either
one of them. If I were to build a go-cart track I would have the entire community descend upon
me. I think I would have enough respect to consider the feelings of the town before I would go
ahead and do something like this. So, I just want to add my support to the Orient Association,
and hope that this is given very serious debate. Thank you.
SUPERVISOR COCHRAN: It certainly will be. Anyone else like to address the Town Board?
Sir?
GORDON PRICE: Gordon Price, Orient. I am probably one of the most seriously affected by
the dirt bike situation, and I want to thank Freddie and Ann Hopkins especially for their diligent
work in researching the problem. We have received a letter from the Commissioner of Police of
Suffolk County, and we are hoping to receive a letter from the Commission of Nassau County
Police Department. The reason why we wrote them is to fred out why the dirt bikers are coming
out here to Orient specifically because they know about the dirt track. Now, I personally have
interviewed one of the kids who were on the bikes, and he said, oh, are we allowed here, we are
fi:om Nassau County, or words to that effect.
SUPERVISOR COCHRAN: Mr. Price, was that just one child?
GORDON PRICE: No, he wasn't a child. He was eighteen or nineteen. He might even have
been twenty. He came, he and his friend. His friend was also from Western Suffolk County. I
forgotten where he said, Commack, I don't know. But, they were both from out of town, and the
reason why they are coming here is that they can't do it in their area, because they had been
restricted, and that is why we wrote these Police Commissioners. Now, the gentleman, the
associate that answered in the name of Police Commissioner for Suffolk County mentioned how
detrimental the all-terrain vehicles, they call them, are to all the people, and so they are not
allowed at all on any public land in that area, but they are allowed on private land. At the same
time they have been able to restrict, and this particular gentleman that wrote us, I think the Code
mentions, and Freddie has that one paragraph. It says, that they were able to tell the owner of that
property that if he is going to allow children to use the property for such a purpose they would
have to have written permission, each child should have written permission from the owner, and
if that child did not have permission from the owner the Police could have impounded the
vehicle. I think that is a terrific idea. At least if we have Mr. Rogers and his sons, who want to
use the dirt track, hopefully they might have enough courtesy to put new mufflers on their bikes.
If they use the track it is certainly at least local, and people from Greenport, and so forth have to
get written permission, too, and they have to have in their pocket by the license. I think there are
some things that can be done that can restrict complete abandonment of anyone else's piece of
mind.
SUPERVISOR COCHRAN: The Code Committee will be looking at it all, and as I said to you
previously, when the meeting is set we will certainly notify you so you can come and have your
input the same as some of the bildng people, and the parents would like input.
GORDON PRICE: I am in favor of a two way street here. I certainly don't object to bikers. I
think kids should have fun. You should see the smiles on their faces as they almost kill
themselves going over. Wow, isn't that great? They could get killed.
SUPERVISOR COCHRAN: The pictures you sent in are very descriptive, but the titles you put
underneath it almost was like you kind of were enjoying some of it. Not the noise, but it was
nicely done.
GORDON PRICE: Well, again, if you could get a public area it would super, and everyone
would be happy. Thank you very much.
SUPERVISOR COCI-IRAN: Thank you.
CYNTHIA FERR1F, R: My name is Cynthia Ferder. I live on Platt Road. Everyone has spoken
to the point where I wanted to add one thing. I often go out and watch to see what I can see of
what is going on there, and there are two things,I want to mention. Just the other day three of the
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30
vehicles came from Philips property, out the farm road, and across Platt Road at I don't know
how many miles an hour, and on to the farm road to the other side of Platt Road. If you had been
there, they couldn't have seen me. You know, say you are walking along the side of the road you
would have been flattened by it. Furthermore there are tire marks on Platt Road, Skid marks
where they race them on the road at night. I guess they know that they might not try it in the
daytime. But, there are skid marks on the road between those two farm roads that we have on
Platt Road. I just want to add that I recently retired after forty years of teaching teenage people,
and if the community deems that this is a worthwhile activity for young people of a variety of
young ages. It seems to me that positively the community needs to provide for that in some
positive fashion. A way, for example would be the skateboard situation was dealt with in
Greenport. Based on my experience I can't help but say I have some questions about this being a
worthwhile activity for theSe people, but I am willing to hear as Jean Haag had said, I am willing
to hear the voice of the community if it is deemed, but I plead with the Town to do everything
you can to adjust the situation before somebody is really badly injured and before the rest of us
kind of lose our minds.
SUPERVISOR COCHRAN: It is a big liability question. It really is.
CYTHIA FERRIER: It is also, I mean aside from property values and all of that it is just a
matter of how people can live their lives and how those who don't live in the vicinity can
introduce or allow something to happen that impacts on the rest in such a negative way. Thank
SUPERVISOR COCHRAN: Thank you. It is nice to hear someone say that they think some of
these services should be provided for young people. It has taken a long time, but Southold was
always park poor. We had very few parks and recreation areas for our young people and all age
people, and we have been slowly rectifying that problem. We now have Peconic Lane Park in
addition to Tasker Park. Mattituck Park District at one time had more property than we did as a
town. So, we have been trying to increase that. We are finally, if you nOtice some of the
resolutions, we are going out to get the funding for building a roller hockey rink. A lot of our
children go over to Southampton. Southampton is getting ready to build their second one.
Riverhead is building it, and we always seem to be kind of like a stepchild, because we work
very hard to keep taxes down, but there are sometimes something comes along that you have to
spend the money to keep your young people involved, because the cost of them getting in trouble
and going in another direction is a bigger cost to the community than providing preventive. Most
people don't want to provide money for preventive type activity for the young people, so we are
very happy, and we will be breaking ground. They have started breaking the ground for a jogging
track around the particular park on Peconic Lane, and we have tried to update our other parks in
Mattituck, and I would still like to see the town purchase property down East a little bit more for
another park. We do not have any town parks down that way at all, so it is a slow process. It is a
much-needed thing and it is kind of nice to hear someone once in awhile say, this is what we
need, so thank you. I appreciate it. Anyone else like to address the Town Board?
HOWARD MEINKE: I want to throw something in that is not part of today's discussion, and is
just appropriate. When the town was having public hearings on the Southold Town Farmland
Protection Plan one of the things we said was that we would like to see it include something that,
I guess at that time, would call incentive zoning, where when various town agencies gave the
property owner something that was additional to what zoning would normally allow, that it is
done elsewhere that of development rights, or a portion of one can be charged, and it will go to
help not put houses where we don't want houses. I thought that this Mullen Motors occasion
made a good point to bring this up again, because this is a very distinct increase of pliable
activity that the town is granting. They don't have to grant it. This is a very nice thing for the
property owner. Now, the Town could do a nice thing for all the other property owners by
exacting a fee of the development right or the portion of a development fight which would then
eliminate a residence from somewhere. Every time we have said something like that, about TDR,
we can't do anything, but if we don't use those words this is still something that goes towards
achieving our goal. It is there, and it is just, andit is in a minor way mentioned in Nelson, Pope,
and Voorhis. It was mentioned in the Groundwater Protection Plan, and I think this is just a very
serious example of the type of thing that happens that it could be enacted, and I think it is all up
side. The other thing I wanted say while I was here is that, again, i want to thank the town. They
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contributed a bit to an effort we did. We have some of these organic directories. I have some here
if you would like one. You folks up there should have some, and I have a few posters which talk
about part of that program organic lectures that are happening Spring and Summer, and I would
like to post some up there.
SUPERVISOR COCHRAN: You will have to request that of the Town Clerk. That is her
bulletin board. You weren't with us this morning, but we did have a presentation of the Water
Strategy Report, and there is a great deal in it, and we have got two meeting scheduled for public
information, and join us.
HOWARD MEINKE: We were represented this morning. I was not, but you also have it at 4:00
o'clock on Thursday.
SUPERVISOR COCHRAN: And we have also set an evening time.
HOWARD MEINKE: Good. If I am allowed to throw this in I understand that Mullen was in
the works for a number of years, but SEQRA does have a term in it, due diligence, and referring
to the question here, did the Town look into the possibihty of another site for that parking? I
gleaned from what I heard that, no, they hadn't. It was up to the applicant to do that. I think
SEQRA said due diligence. I think it was up to somebody to do it, and if they didn't somebody
should have according to what was said here. Nobody did. Thank you.
ALICE HUSSIE: Alice Hussie, Southold. Will somebody, please, tell me what the North Fork
Water Supply Plan is?
SUPERVISOR COCHRAN: The North Fork Water Supply, well, some people refer to it as the
Jones Report. It is not the Jones Report. It is a report that was presented to us this morning. You
were here.
ALICE HUSSIE: I was here, and one thing I have to start out with saying, I think it is terrible
that the Town is charging $29 to buy this report. I didn't pay the $29. I went down to the library
to read it, and it is a pain in the neck to read something an inch thick at the library. Nevertheless,
I found in that report a reference to, in fact four and a half pages worth to the North Fork Water
Supply Plan. So, what is it? The only thing that I know is what was in the report, and that is that
it was done in 1983, by a consultant hired by the Suffolk County Department of Health; Nobody
knows.
COUNCILMAN MURPHY: If it was a report done in '83 it would set out the groundwater
recharge areas.
ALICE HUSSIE: That's right.
COUNCILMAN MURPHY: And it was done by H2M by Suffolk County, and Suffolk County
Planning.
ALICE HUSS]]~: That's right. Was it adopted by the Town?
COUNCILMAN MURPHY: That I do not know, Alice.
ALICE HUSSIE: Nobody knows.
SUPERVISOR COCHRAN: We will have to go back and research. Was it adopted by the
Town? Maybe you can tell us.
ALICE HUSSIE: I don't know.
SUPERVISOR COCHRAN: So we will check.
4/11/00 32
ALICE HUSSIE: I did go down to the Town Clerk's Office yesterday to see, because I was
curious about this was, since it is referenced, as I said, more than four pages both in the Jones
Report and in the subsequent digest of the Jones Report.
SUPERVISOR COCHRAN: Water strategy.
ALICE HUSSIE: Water Supply Management, that whole thing there. While I was looking
through there I came across two things that I was a little bit concerned about. What is the
difference between a housing unit and a household? They are also mentioned in this report.
SUPERVISOR COCHRAN: I don't have the report in front of me.
ALICE HUSS1E: The reason that I bring it up, I looked and the only place I could find anything
was it said a household is a family living together.
SUPERVISOR COCHRAN: The Federal government has determined what is a household, and
this is how many, who, and whether they are related.
ALICE HUSSIE: Now, I am going to refer you to page 29, and I have a great problem with this,
because this thing has cost somebody $40,000, and what ~ve have is a sentence that says, in 1990
the Town had a total number of dwelling un/ts and households of 21,279. Now if you figure that
out, that is more hoUSeholds than we have people, or every kid has his own place.
SUPERVISOR COCHRAN: The population is about 21.
COUNCILMAN MURPHY: They are saying housing units?
ALICE HUSSIE: Right here page 29, I refer you to the second paragraph on page 29. It says,
also, that the 14,000 acres of residentially zoned land could potentially y/eld another 8,300 units.
Then to go to say that is an increase of 64%. Now, you do the math. It is not 64%. It is 39%. So,
I have a great problem. We have paid a lot of money to have somebody say something on
numbers, which is something that is not given to, this is what I think, they are using these
numbers as an excuse for something. I often wondered when Mr. Jones sent his report to the
Planning Board long, long ago; he mentioned a population protection of 60,000 people, which is
three times what we have now. I wondered how that was possible. Now, I know. He was using
21,127 households multiplying it by the U.S. Census of 2.7 people per household, which g/ve
you more than 65,000 people in 1990. Nevertheless this town has grown in ten years. It has only
grown 4%. I am not advocating that we grow anymore, but problem was with the fact.
SUPERVISOR COCHRAN: Alice, the presentation was just made to us this morning, and we
will be meeting with the Planning Board to discuss the entire report, the Town Board and the
Planning Board.
ALICE HUSSIE: This is being presented to the public in generalities. The devil is in the details,
though, as we all know. The other thing, talk about details, when you talk about the Planning
Board, most of the details in both of these reports went to the Planning Board. I think it is
abrogation of your duty. Thank you.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board?
MELANIE SANFORD: Melanie Sanford, again. I have one big concern in regard to the Mullen
application, and it has to do with Site Plan Review and the Planning Board. I know from past site
plans, which I have gone through at great length in the Planning Department, the Site Plan
Reviewer talked about with everybody in the department, there is no site plan that exists in
Planning Department right now that doesn't have a violation of some sort, whether it be
buffering that has been moved out, or ingress and egress signs had been tom out. There are many
violations still currently on the Mullen property. So, I have a big concern with regard to the
Planning Board deciding this issue, and upholding the covenants, and making sure that
everything is put in place because I have looked at site plans, and what you see is not what you
get. What is one paper is not what is currently at the site. With regard to the property,
4/11/00 33
Councilman Bill Moore is a zoning attorney, but with regard to the properties it is currently mish
mash. Part of it is General Business, part of is Hamlet Zoning, and the back is residential, that is
because the history of the site is because homes have been demolished or removed, and replaced
with macadam. So, it is really kind of amish mash, that the whole site as you said earlier, it is
not General Business. It is General Business, Hamlet Business, and Residential with a variance.
My big concern is, well, is that the area variance in the front, which has been in violation since
the early 90's? It is now the year 2000. The Planning Board has taken steps in the past to ask the
dealership t° bring that into compliance and it is still out of compliance and I would like to know
what is going to be done with regard to that? The violation of the variance in the front, is
something to be done to rectify that? I don't simply mean Ed Forrester going out and saying,
well, it is a violation, not of the zone, but simply the site plan, so there is nothing I can do about
it, which has been his dirge every time you go in there. Will something be done with regard to
the violation in the front? Do you know what I am talking about?
TOWN ATTORNEY YAKABOSKI: We will have to look at it.
MELANIE SANFORD: You know what I am talking about then. Will you share it with the
other Councilpeople about the area variance in the front, which was macadamed over? First it
was grass, and then it was violated, and that was brought into compliance, and then a number of
months later it was totally macadamed over.
SUPERVISOR COCHRAN: We will look at that.
MELANIE SANFORD: An area variance is much more sensitive than a change of zone, and
that back parcel which is residential with a variance, we never know looking at it, because the
site plan is not enforced there.
SUPERVISOR COCHRAN: We will look at it, and a Site Plan will be enforced.
MELANIE SANFORD: Supervisor Cochran brought home a very significant point just in
passing. You said that an alternative site was explored.
SUPERVISOR COCHRAN: You will have to take that up with the owner.
MELANIE SANFORD: I would like to know, and I notice that there is a number of the Mullen
family in the audience tonight. I know he is not the owner of the property, but he is the
contract/vendee, and if he knows by the Suffolk County Tax Map number of the alternative
parcel I would really welcome that.
SUPERVISOR COCHRAN: That is between Mr. Mullen and you, and I don't believe this is the
forum. Stop down and see Mr. Mullen.
MELANIE SANFORD: I would like some courtesies to be pro-offered, you know, and when a
Site Plan is adopted they should be respected, and it should be upheld, and ~vhen you bring these
concerns to Mr. Forrester.
SUPERVISOR COCHRAN: As I said, we ~vill be checking on this, and I will personally do
that.
MELANIE SANFORD: I would appreciate it, and the area variance as well.
SUPERVISOR COCHRAN: Thank you. Okay, Jean.
JEAN SANFORD: Jean Sanford from Locust Lane. I wanted to comment on something that
Brian Murphy said. We never expected Mr. Mullen to go up to Route 48. Also, this is a hamlet
business. He is destroying the Hamlet Business. The Stewardship Task Force did not recommend
putting a business like Mullen Motors in the hamlet. It was retail business that they
recommended. We hear this over and over and over how we have got to keep business in the
hamlet, and this is a business, it is more than a business. It is Special Exception, and I wonder if
anyone really knows what a car dealership is. That is a fancy name for repairs. A noisy repair
4/11/00 34
shop that is really what it is. That is what is going in next to our homes. The new inspection
machines are so noisy, hydraulic lifts. I have written to you all about these things. I think people
think it is like a pretty little place with cars. It is not. He is number one supposedly service
repairperson in the whole country. You know you have to be a town planner to know that you
don't put that right in a residential area. Our Codes don't allow having something like that next
to residential, and it is beyond the control of anybody to control this operation. It has been shown
over the whole time, and I think we need to explore even more, and even though it has been
going on since 1997 there is good reason for it, because this is a very serious thing, and Route 25
is just as well worth preserving as the farmland, and everything else up on Route 48, and you
know it. These homes, now this will be the fourth home that this red house on Colonial Comers
when it goes that will be the fourth house that the Mullens have taken away, and they were
historic houses, John Gross's house with little eyebrow windows, the one over on Hobart that
they moved. It was right next to it, and they put do~vn Hobart, and also the Finne House. He is
destroying the scenic street. You have got traffic congestion, and I feel cheated that you the
Town Board didn't do a traffic study. They took Mr. Mullen's traffic study about Cottage Place,
and Cottage Place is not the only thing that is in danger there. It is the whole area, and Locust
Lane especially, and you know, Jean, that we have 7-11 at the end, and there is not sufficient
parking, and it is has grown, tripled, since it was put in. It has a side entrance, and it goes on, and
on, and on, and you know, I feel like we had one of the nicest residential areas in Southold. You
could walk to the bay. You could walk through town. It was always beautiful, and to put all this
across the front of our community. It is heartbreaking, and no other community has this. Even up
on the North Road, they are putting houses up on the North Road, and I think that there is
something wrong here. You don't have to be a Town Planner, or an environmental expert to
know there ~s something wrong with putting a car service repair, a big one, a mega one, right by
people's homes. You know, we are people too. We might not have places down by the water, but
you know, we have our homes and family, and I don't think it has been truly respected, and I
think Mr. Mullen could keep what he has got. Nobody is asking him to move, but look at all he
has got on that road to begin with. I mean, what town lets a car dealership expand right in the
middle of the hamlet to begin with? That is enough. To let him come and take Colonial Comers
and to put heavy, dirty, noisy equipment on Mrs. Lucey's lot and warehouses that are probably
going to block our view and everything else. I just don't think it's fair. I just can't believe that
we have ended like this, and I just think that it is wrong. It is wrong. That is all I can say. Thank
you.
SUPERVISOR COCHRAN: Thank you, Jean. Anyone else like to address the Town Board?
Helen Prince?
HELEN PRINCE: This is a new idea. I am not being sarcastic and I am not being facetious, but
Founders Estates have been (unintelligible) I think it would be improved if you close off Cottage
Place, and closed off Locust Lane, so cars could not get in or out. They would have to come in
Town Harbor Lane, or they would have to go out or in Hobart, or Town Harbor Lane
(unintelligible) And it would leave you with an impression of a nice community. If you come in
through Locust Lane, or Cottage Place you don't get a nice impression. You come in with a
lousy impression. You leave with a lousy impression. They should be just plowed up and given
to the business (unintelligible).
SUPERVISOR COCHRAN: Thank you, Helen. That is interesting. Anyone else like to address
the Town Board? If not, I will call for Board reports. Mr. Murphy?.
COUNCILMAN MURPHY: I was away for the past ten days, so I will pass on this.
COUNCILMAN MOORE: I was away, too, a week ago. I had a chance to go out to Arizona,
and whenever I go out to another town or state I grab the local papers, and I have got to say we
are doing something fight here in Southold, the lament in the papers out there in a place where it
is growing like made, and somehow they lost their downtown. Everything went out to their
high~vays, and they have all set up programs for Main Street USA, and Main Street Arizona
Town, and it is beautiful out there, and it was a great visit, but it was interesting to see the lament
of the communities talking about all kinds of study they have to do to try and preserve or recoup
what they had before. I think we are in a unique position with all the work we are doing has been
4/11/00 35
done before, actually save what we have got, and not have the problems that the other
communities have suffered, so we are on the right track. It is nice to be back.
SUPERVISOR COCHRAN: Mr. Romanelli?
COUNCiLMAN ROMANELLI: The only thing I have to say is you notice on the agenda today
we passed a resolution, a resolution for computers. We haven't a plan yet, but we are heading
close ro it, where we will have Town Hall up to the Year 2000 speed. We will have Intemet
access, and E-mail throughout Town Hall, and be able to E-mail in and out of Town Hall, so we
are catching up with the times, I hope, and we hope to have that active by this year.
SUPERVISOR COCHRAN: Mr. Richter?
COUNCiLMAN RICHTER: The only thing I have to report is the meeting we had with Peconic
Landing. That worked out very nicely the other day.
SUPERVISOR COCHRAN: In relation to the PILOTS. Yes, and in relation to Pecohic Landing
I did check the very next day after the last Board meeting when it was stated that the model
house down there did not have the required permits, and I find that there are required permits,
and that the model house is perfectly legal, so just for your information those of you that were
under the impression that they did not have the proper permits, they did. Also, there will be a
meeting here at Town Hall by the Department of Health Services. They are preparing for the
possibility that the West Nile Vires will reappear in our bird, mosquito, and horse population this
spring. I have made arrangements with Dr. Marguerite A. Percy from the Department of Health.
She will do an informal presentation on the West Nile Virus on Wednesday, April 26th, 4:15
P.M. here at Town Hall. She will do a slide presentation, and educate us on some of the ways to
protect ourselves, and our families against the virus. Education and information is very important
in relation to this. You know we can tell you to dump your old tires in the backyard, or get rid of
them, because they collect the water. We can tell you to dump your birdbath every night, that
they are empty overnight, and fill them with water the next day. We can tell you to dump that
kiddy pool that sits there overnight. These are the things you want to do in relation to still water,
and I think what is going to have to be is that everyone of us takes the responsibility to look for
these places in our own yard, and hopefully it will at least, it certainly won't do away with the
mosquito population, but perhaps it can lessen it. So, please, join us on Wednesday the 26th at
4:15. Also, I would like you to take notice that out in the lobby is a lot of artwork, and this is part
of the Long Island Women's Agenda, Arts and Culture Month. Every Town Hall in Suffolk, I
believe in Nassau also, has a display. It is across all of Long Island, and the kids have certainly
done some race artwork out there, so take a moment to look at it. That is all I have at this point,
so I will entertain a motion to adjourn.
Moved by Councilman Moore, seconded by Councilman Romanelli, it was
RESOLVED that this Town Board meet'rog be and hereby is adjourned at 6:40 P.M.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Southold Town Clerk