HomeMy WebLinkAboutTB-07/17/2001SOUTHOLD TOWN BOARD
JULY 17, 2001
Present:
Supervisor Jean W. Cochran, Justice Louisa P. Evans, Councilman William D. Moore, Councilman
Brian G. Murphy, Councilman John D. Romanelli, Councilman Craig A. Richter, Town Clerk
Elizabeth A. Neville, Town Attorney Gregory Yakaboski.
9:00 a.m. Appointment - Robert Scott, Chairman, Board of Assessors re: supporting resolution
for housing project. Chairman Scott explained that the Town could not grant a pilot. It would have
to be transferred to the County IDA Agency, then they could put a pilot on it. Assessor Scott Russell
also advised that based on the laws, the Town could not create a pilot unless they had an IDA Agency.
You just can't remove property from the tax roll so that you can schedule a tax reduction on it. Mr.
Scott also advised that they would not be entitled to any other type of tax abatement. There is no
authority to waive school taxes, etc. He explained the difference and the relation between the cap
value, market value, and construction costs. He said that the project in Riverhead does not have a
pilot on it, and that it did not go through the IDA Agency. Mr. Scott said that he has been up to the
Town of Riverhead to talk to them about their project on two occasions. The Town Attorney said that
Charles Cuddy, who is Bob Geiss's attorney on the Riverhead project has contacted him and they went
over questions on how to fill in a lot of the blanks on how the program works, or how they could make
it work. Town Attorney Yakaboski said that he would like to see it set up the way it was in the
Village. It went through an IDA Agency. Scott Russell stated that pilots are to ensure the stability of
the tax base and he believes that they are looking at them in the wrong way and asking us to do
something that we cannot do. Councilman Romanelli asked if the Town Board has ever really
considered whether or not there is a need for such a project in the Town of Southold? Supervisor
Cochran replied that they really had not yet discussed it. It will be discussed in the future.
9:25 a.m., IV. Outside Consultants for Planning Department - Bennett Orlowski, Chairman,
Planning Board, Valerie Scopaz, Principal Planner, and Chick Voohris of Nelson, Pope, & Voohris
Consultants appeared before the Town Board to apprise them of staffing problems with the Planning
Department. Mr. Orlowski explained that they are down a staff person and they have a lot of
subdivision activity that is going on and they are falling behind more every day. Nelson, Pope, and
Voohris has a staff person who could come in and fill in while we are in the process of looking for and
hiring some one to fill the vacant position. Ms. Scopaz advised that she would determine the
application complete and this person will give staff reports to the Planning Board. Mr. Voohris
advised that their office was contacted by Southampton Town when they went from 2 - 5 acre zoning
and they were in a real bind for lack of staff. They brought in experienced people to help out. He
explained that they look to blend in with Valerie's efforts to help out in any way that they can. They
would billed $70.00 an hour for an environmental planner; $150.00 an hour for Mr. Voohris to
oversee their work as the principal. They offered to assist on a short term basis to fill the gap one day
a week here in Southold. Ms. Scopaz advised that between 25-50 applications are now pending and
that doesn't include all of the queries they get on possible applications. A lot of the pending
applications have problems on them that need research. Councilman Richter stated that he didn't
particularly like hiring anyone without knowing what it is going to cost us, but we are caught in a
"catch 22" situation, so he thinks it needs to be done. It just is not fair to the people not to do it. In
light of Valerie working on the LWRP and Craig Turner leaving, all of these things set the department
back. Supervisor Cochran said that she thinks all board members agree with it and the money is in the
budget from the money they are no longer paying Craig Turner. Chick Voohris said that they will
work out the billing procedure. Justice Evans voiced her concern that the town doesn't get a big bill
all at once. The board requested to be billed on a frequent basis and apprised of what is going on as
they go along. Chairman Orlowski stated the Planning Board's opinion that they should go for a senior
planner to replace Mr. Turner, not just a planner. It was suggested that the salary for senior planner be
a step 5. Ms. Scopaz advised that there are still many things that are going to require her attention such
July 17, 2001 2
as the LWRP final draft, the Scenic By-Ways needs more work, and the volume of applications that
are coming in and the questions concerning possible applications warrant it. Ms. Scopaz asked the
board if they want to keep treading water or they want to move ahead. She said that there is also a
tremendous burden on the secretary. Both of these matters will be further discussed in executive
session later on in the work session.
9:45 a.m. Melissa Spiro, Land Preservation Department Head and Robert Scott, Chairman,
Assessors, and Assistant Town Attorney Mary Wilson appeared before the Town Board re: IV.
3. 2% refund on the preserved Joyce Terry property. Ms. Spire stated that she thinks that this is a
reasonable request, as did Mr. Scott, and the board agreed. However, Councilman Remanelli said that
he would like to see the problem fixed so that it doesn't keep reappearing. Councilman Moore said
that the legislation should be drafted for it now. This will be further discussed with Ms. Spire in
executive session later in the work session.
The Town Board continued to discuss IV. For Discussion items. IV. Winery Guidelines.
Councilman Moore reported that Jane from the winery visited him on this one. They seemed to think
that the Town Board formally adopted these guidelines. But that is not the case. It was a gentlemen's
agreement that they would cooperate with the town and self-police themselves. Supervisor Cochran
suggested incorporating the guidelines that were sent to the Zoning Board of Appeals into their
permits. The Town Board agreed this would be a good idea. IV. Noise Ordinance. Councilman
Moore said that he talked to the Police and they feel that 99% of the time it is working without the law.
The Town Board agreed to move ahead with the noise ordinance and place a resolution to set the
time and date for a pubic hearing on it. IV. 5. Request for consideration for change of zone on
General Wayne Inn property. It was suggested that the 1985 Master Plan be checked to see that is
recommended for this area and that it be referred to the Planning Board. Code Enforcement Officer
Edward Forrester said that all he can do with it right now is make them board it up and make it safe.
10:30 a.m. the Town Board reviewed resolution numbers 510 through 526 at this time to be voted
upon at the 4:30 p.m. regular meeting.
Supervisor Cochran advised that the public hearing on the Fishers Island Ferry District bond
will be held open until July 31, 2001 to give residents an opportunity to submit input.
Justice Louisa Evans advised the Town Board that Mark Doherty is leaving Fishers Island, he is
moving back to the mainland of Connecticut. A new Emergency Preparedness Coordinator for
Fishers Island will be needed. Justice Evans will try to find someone from the fire department to
replace him.
On motion by Councilman John Remanelli, seconded by Councilman Brian Murphy, it was
RESOLVED that the Town Board of the Town of Southold enter into executive session at 10:33
a.m. for the purpose of discussing personnel - a particular person, purchase of property,
litigation, and contracts.
Vote of the Town Board: Ayes; Councilman Richter, Councilman Romanelli, Councilman Murphy,
Councilman Moore, Justice Evans, and Supervisor Cochran.
This resolution was declared duly ADOPTED.
On motion by Councilman Brian Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby exits from this work session at
12:45 p.m.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Romanelli, Councilman Murphy,
Councilman Richter, Justice Evans, and Supervisor Cochran.
This resolution was declared duly ADOPTED.
As a result of this executive session, resolution numbers 527 through 530 were added to the
agenda to be voted upon at the 4:30 p.m. regular meeting.
This executive session and work session ended at 12:45 p.m.
July 17, 2001 3
REGULAR
MEETING
JULY 17,2001
4:30 P.M.
A Regular Meeting of the Southold Town Board was held on July 17, 2001, at the Southold Town
Hall, Southold, New York. Supervisor Cochran opened the meeting at 4:30 P.M. with the Pledge of
Allegiance led by Town Clerk Neville.
Present:
Absent:
Supervisor Jean W. Cochran
Justice Louisa P. Evans
Councilman John M. Romanelli
Councilman Brian G. Murphy
Councilman Craig A. Richter
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
Councilman William D. Moore
SUPERVISOR COCHRAN: May I have a motion to approve the audit of bills for July 17, 20017
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the following bills be and here are ordered paid: General Fund Whole Town bills in
the amount of $174,082.07; General Fund Part Town bills in the amount of $13,084.92; Highway Fund
Whole Town bills in the amount of $14,755.05; Highway Fund Part Town bills in the amount of
$31,349.42; Capital Projects Account bills in the amount of $99,765.63; Landfill Cap & Closure bills
in the amount of $454.91; Computer System Upgrade bills in the amount of $2,295.43; Employee
Health Benefit Plan bills in the amount of $6,762.96; Fishers Island Ferry District bills in the amount
of $56,041.16; Refuse & Garbage District bills in the amount of $85,102.48; Southold Wastewater
District bills in the amount of $5,428.20; Fishers Island Sewer District bills in the amount of
$1,875.00; Southold Agency & Trust bills in the amount of $3,984.30; Fishers Island Ferry District
Agency & Trust bills in the amount of $320.43.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: To set the regular Town Board meeting for Tuesday, July 31, 2001 at
7:00 P.M.
July 17, 2001 4
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the next meeting of the Southold Town Board will be held at 7:00 P.M., Tuesday,
July 31, 2001 at the Southold Town Hall, Southold, New York.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
I. REPORTS.
SUPERVISOR COCHRAN: As you know we receive reports from the different committees each
month, and departments, and they are submitted to the Town Clerk for record. Anything that is on the
agenda in relation to a report that you are interested in. It is public information. Please, feel free to
come and see Mrs. Neville. I am sure she would be very happy to help you.
1. Scavenger Waste Treatment Facility Monthly Report for June 2001.
2. Southold Town's Program for Disabled Events for June 2001.
3. Southold Town Clerk's Monthly Report for June 2001.
4. Southold Town Recreation Monthly Report for June 2001.
5. Southold Town Justice Bruer's Monthly Report for June 2001.
6. Southold Town Justice Price's Monthly Report for June 2001.
7. Southold Town Justice Evans' Monthly Report for June 2001.
II. PUBLIC NOTICES.
SUPERVISOR COCHRAN: Under public notices we have the New York State Department of
Environmental Conservation for an application of James Greenfield to subdivide 2.9 acre parcel in the
Coast Management Area and written remarks to the DEC by August 3rd, 2001.
New York State Department of Environmental Conservation Notice of Complete Application of
James Greenfield to subdivide a 2.9 acre parcel in the Coastal Management area into two lots at
222 4th Street, Greenport, Southold Town on Greenport Harbor. Written comments by August 3,
2001.
III. COMMUNICATIONS.
SUPERVISOR COCHRAN: We also had a letter from New York State Assemblyman Thomas
DiNapoli in relation to zero interest loans to municipalities for open space purchase. We are looking at
that, and also a letter from our New York State Senator Ken LaValle in relation to a Local Records
Grant of $12,778. You may or may not know Mrs. Neville as Town Clerk in the Department, she is the
record keeper for the Town and Town Board. Her office does a thousand different things, but she has
been doing the job since she has been with us, that is preservation of our records in her vault. We are
hoping that we are preserving these for many generations to come. Betty, we thank you for that. It is a
nice grant. I wish it was bigger.
1. New York State Assemblyman Thomas DiNapoli in regard to zero interest loans to
municipalities for open space purchase.
2. New York State Senator Kenneth LaValle in regard to Local Government Records grant of
$12,778.
IV. PUBLIC HEARINGS. None.
V. RESOLUTIONS.
SUPERVISOR COCHAN: As you may, or may not know, the Town Board has a policy in relation to
anything that is on the agenda as far as a resolutions is concerned. We will be passing these bits of
business tonight, but before we do act on any of them you have the opportunity to address the Town
Board in relation to any of the resolutions. At the end of the meeting we also have a period of time
where each and everyone one of you, or whomever, has the opportunity to address the Town Board on
any Town business. So, at this time I am asking if there is anyone that would like to address the Town
Board in relation to any of the resolutions?
GREGORY DOYLE: Is there a resolution on a Town ordinance on noise control, is that part of the
resolutions?
July 17, 2001 5
SUPERVISOR COCHRAN: We are setting a hearing.
GREGORY DOYLE: That is definitely decided tonight as far as the noise?
SUPERVISOR COCHRAN: Anytime we do a change of zone, a change of law, part of the process
calls for a hearing where the public comes in and expresses their position. So, we are just setting a
hearing tonight, no decision.
GREGORY DOYLE: My name is Gregory Doyle. ! reside at 175 Summit Road, Southold. In the past
eleven years ! have lived here. ! own the property. My concern with your noise resolution pertains to
noise in residential areas. ! don't know what you consider North Bayview, Cedar Creek Beach area, is
zoned as residence or is that just area of people habitat?
SUPERVISOR COCHRAN: A Town Ordinance will take affect throughout the entire town, not just a
particular area. It is for everyone within the township.
GREGORY DOYLE: I don't intend to stay for the entire meeting, but I would like to emphasize the
fact that perturbs me, concerns me, and has been going on for a few years. In this area where I reside it
seems to be one area, one residence, where a group gather to entertain themselves. The hour of
entertainment. The hour of entertainment can vary.
SUPERVISOR COCHRAN: ! think ! am going to have to stop you only because you are getting away
from the intent of the resolution. You may have to hold it until the end of the meeting.
GREGORY DOYLE: My request to inclusive in this noise ordinance is that there be an ordinance
prohibiting people, residential people, coming together, gathering in one particular dwelling, having
fun, making all sorts of noise, from early evening to after midnight.
SUPERVISOR COCHRAN: Sir, please, if I may, you are more than welcome to come in and see the
Town Clerk. Wait a minute now. She will give you a copy of the ordinance that just came from the
Code Ordinance, and then you can read the whole thing through, and see what it is all about. Tonight
we are setting the time for a hearing. If there is something that you object to is important the hearing is
noticed in the newspaper, or you could check in my office, and we would be happy to have you come
in, and express and state your position. ! can't continue with this, unless you want to wait until the end
of the meeting.
GREGORY DOYLE: Madame Supervisor, I want to emphasize the fact I do not believe there is
anything in the copy of your resolution pertaining to noise in residence. You speak of condominiums
and all that, but I want to make sure that something is written in your ordinance that protects neighbors
from noisy neighbors, immediate neighbors. I spoke to the lady Clerk, but she didn't have any
information other than the fact that Mr. Moore was drawing up a resolution. I have a draft at the
moment. I leave you now. I am sorry I interrupted your business, but I am concerned about that issue.
SUPERVISOR COCHRAN: The Town Board, just for your information, did discuss it this morning.
That was part of our workshop today. We reviewed the law that the Code Committee had presented,
and now we are setting a public hearing. Again, we would love very much for you to come and express
your opinions, and if something is missing doesn't mean we can't go back and fix it. Okay?
GREGORY DOYLE: Thank you. Thank you, people, members of the Board.
SUPERVISOR COCHRAN: You are welcome. Is there anyone else who would like to address on the
resolutions only?
WESLEY DICKINSON: My name is Wesley Dickinson. I live at 7635 Main Bayview Road in
Southold. Concerning the noise resolution, this procedure really, ! wrote a letter to Mr. Moore who !
understand heads up the committee. ! sent it our July 9th. I haven't had a response from him. It is my
understanding that if a letter is sent to any Councilperson it will be shared with the rest of the Board. Is
that true first of all?
SUPERVISOR COCHRAN: Everything that comes into my office if it directed to the Supervisor and
the Town Board believe me that get a copy of everything. ! am not going to have one of them say, !
didn't get that. We copy everything. We have piles of paper. Okay? ! can't always know if something
comes through a Councilman if it comes through for the rest of the Town Board members. ! can check
with Mr. Moore. He usually pops it in a file, and it goes to the Code Committee. It may not come to us
necessarily. ! will check.
July 17, 2001 6
COUNCILMAN ROMANELLI: I remember seeing it.
WESLEY DICKINSON: ! did make a copy in the event that you don't have it.
SUPERVISOR COCHRAN: Thank you, sir. In relation to the agenda and the resolutions, if not we
begin the passage of the resolutions.
#510
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs that Land
Preservation Department Personal Services expenses shall be a legal charge to the Community
Preservation Fund effective January 1,2001, and be it further
RESOLVED that Land Preservation Department Employee Benefits shall remain a legal charge to the
General Fund Whole Town, except for Social Security, which shall be a legal charge to the
Community Preservation Fund effective January 1,2001.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#511
Moved by Justice Evans, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 budget as
follows:
General Fund Whole Town
Interfund Transfers
From:
Revenues
A. 5031.00
From:
Appropriations
A. 8710.1.100.100
Land Preservation, P. S.
Full-time employees, Regular Earnings
A. 8710.1.200.100 Land Preservation, P. S.
Part-time employees, Regular Earnings
Community Preservation Fund
To:
Revenues:
H3.1189.10
To:
Appropriations:
H3.8710.1.100.100
H3.8710.1.100.200
H3.8710.1.200.100
H3.9030.8.000.000
2% Land Transfer Taxes
Land Preservation, P. S.
Full-time employees, Regular Earnings
Land Preservation, P. S.
Full-time employees, Overtime Earnings
Land Preservation, P. S.
Part-time employees, Regular Earnings
Social Security, Employee Benefits
Vote of the Town Board: Ayes: Councilman Richter,
Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
$56,100
$46,100
10,000
$56,100
$46,100
2,000
4,000
Councilman Murphy, Councilman Romanelli,
#512
Moved by Councilman Romanelli, seconded by Justice Evans,
WHEREAS the Town Board of the Town of Southold proposes to contract with the Suffolk County
Water Authority to drill wells, construct a pump station and install water mains to provide water
service to a particular area of the hamlet of Cutchogue; be it therefore
RESOLVED that the Town Board of the Town of Southold declares this to be a Type I! action under
SEQRA Rules and Regulations, 6 NYCRR 617.5 (11); be it further
RESOLVED that no further review is required for SEQRA purposes.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#513
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
July 17, 2001 7
RESOLVED that the Town Board of the Town of Southold hereby modifies the Highway Fund Part
Town 2001 budget as follows:
To:
Revenues:
DB.2705.00 Gifts & Donations $1,415.55
Appropriations
DB.5110.4.100.100 Miscellaneous Supplies $1,415.55
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#514
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts with regret, the
resignation of Richard E. Norklun, from the position of Custodian at the Southold Town Hall,
effective July 20, 2001
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#515
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of
Alexandria M. Lawson as a 2001 Beach Attendant for the Town of Southold, effective July 6, 2001.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#516
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective
Beth Dzenkowski to attend the New York Police Juvenile Officers Association Annual Training
Conference in her capacity as Treasurer, commencing on Sunday, August 26 through Friday, August
31, 2001 at Lake Placid, New York. Expenses for conference fee $155.00; lodging costs $688.00 and
travel expenses $110.00, total cost of $953.00 shall be a legal charge to the 2001 Juvenile Aid Bureau
budget line.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#517
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints the following
members of the Land Preservation Committee to another two (2) year term of office, to expire
July 3, 2003: Richard C. Ryan, Reed W. Jarvis, Ray Huntington, Reynold Blum, Peter Burr,
and William Edwards.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#518
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 Fishers Island
Sewer District budget as follows:
To:
Revenues:
S S2.5990.00 Appropriated Fund Balance $ 4,070.00
Appropriations:
SS2.1440.4.000.000 Engineer, C.E. $ 4,070.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#519
Moved by Councilman Romanelli, seconded by Councilman Murphy, it was
July 17, 2001 8
RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Jean W.
Cochran to sign 2001 grant applications for various proiects proposed under the Environmental
Protection Act and the Clean Water/Clean Air Bond Act.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#52O
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby engages in the services of the
following persons to be employed by the Fishers Island Ferry District to operate the Fishers
Island Community Theater for the 2001 exhibition seasom May 31~ 2001 through September 17~
2001:
Karla HEATH Seasonal Clerk at a salary of $180.00 per week
Kyle HEATH Seasonal Recreation Aide at a salary of $85.00 per week
Matthew CRUPI Seasonal Recreation Aide at a salary of $47.00 per show
Michael CONROY Seasonal Audio-Visual Aide at a salary of $47.00 per show
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#521
Moved by Councilman Romanelli, seconded by Justice Evans,
WHEREAS, Bouvodantona Aliperti has made application to the Town Board of the Town of
Southold to dedicate certain roads situated at Mattituck~ in the Town of Southold~ County of
Suffolk~ New York~ known as Gabriella Court~ Teresa Lane~ and Tabor Road~ as shown and
designated on a certain map entitled "Map of Eliiah's Lane Estates~ Section 2" and "Map of
Eliiah's Lane~ Section 3~ situated at Mattituck, in the Town of Southold, County of Suffolk, New
York, surveyed by Burton, Behrendt, Smith PC, Engineers, Architects, & Surveyors and filed in the
Office of the Clerk of the County of Suffolk on January 4, 1996, Filed Map No. 9791 and October 8,
1996, Filed Map No 9912; and
WHEREAS, the Southold Town Superintendent of Hiqhways Raymond L. Jacobs, has
inspected said hiqhways and has advised the Town Board that he determines and
orders that said hiqhways shall be laid out in the Town, now, therefore, be it
RESOLVED that in accordance with Section 271 of the Hiqhway Law of the State of
New York, consent be and the same is ,qiven to the Superintendent of Hiqhways to
make an order layin.q out the aforesaid hiqhways, to consist of lands described in said
application as shown on certain maps attached to said application; and be it
FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to
forthwith cause the dedication, release, and deed to be recorded in the Office of the Clerk of the
County of Suffolk, New York.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#522
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the Fishers Island
Ferry District 2001 budget as follows:
FROM:
SM 5709.2 - Dock Repairs $47,100.00
TO:
SM 5708.2 - Terminal Project 32,100.00
SM 5710.2 - Ferry Repairs 15,000.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#523
Moved by Councilman Romanelli, 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 the position of School Crossing Guards for traffic posts throughout the
Town of Southold.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Justice Evans, Supervisor Cochran.
July 17, 2001 9
This resolution was duly ADOPTED.
#524
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Island
Group Administratiom Inc. to pay the past due medical bill of Virginia Sledieski, surviving
spouse of former Southold Town retiree, in the amount of $69.73 to North Fork Radiology, which
exists due to insurance transition.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#525
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Elizabeth DeReeder~ a
Mattituck High School student~ as a part-time volunteer at the Day Care Center of the Human
Resource Center~ to work up to 10 hours a week to serve without compensation, effective
immediately.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#526
Moved by Councilman Romanelli, seconded by Justice Evans,
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York on the 17th day of July, 2001, a Local Law entitled "A Local Law in Relation to No
Parking on Jernick Lane and Oaklawn Avenue, Southold, New York", now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York on the 31st
day of July, 2001 at 7:05 p.m., at which time all interested persons will be given an opportunity to be
heard.
This proposed "Local Law in Relation to No Parking on Jernick Lane and Oaklawn Avenue,
Southold, New York", which reads as follows:
I. Chapter 92, Section 92-42 (Vehicles & Traffic) of the Code of the Town of Southold is
hereby amended as follows:
Name of Street Side During Months
Locations
And Hours
Jernick Lane North September to 125 feet in an
And including easterly direction
June between from the inter-
The hours of section of
8 a.m. and Oaklawn Avenue
4p.m.
Jernick Lane South September to 125 feet in an
And including easterly direction
June between from the inter-
The hours of section of
8 a.m. and Oaklawn Avenue
4p.m.
Oaklawn Avenue East September to 270 feet in a northerly
And including direction from the
June between inter-section of
The hours of Jernick Lane
8 a.m. and
4p.m.
Oaklawn Avenue East September to 150 feet east side,
And including in a southerly from
June between the inter- section of
The hours of Jernick Lane
8 a.m. and
4p.m.
Oaklawn Avenue West September to 225 feet in a
And including northerly direction
June between from the intersection
The hours of of the southern exit
July 17, 2001 10
Oaklawn Avenue West
8 a.m. and
4p.m.
September to
And including
June between
The hours of and 4 p.m.
8 a.m. and
4p.m.
of the Southold
Elementary School
Driveway
200 feet in a
southerly direction
from the intersection
of the southern exit of
The Southold
Elementary School
driveway
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#527
Moved by Justice Evans, seconded by Councilman Romanelli,
WHEREAS Suzanne M. Egan has made an application pursuant to Chapter 6 of the Southold Town
Code for a refund of Community Preservation Funds paid; and
WHEREAS the Town Board believes it was not the intent of the Community Preservation Fund to
impose a 2% transfer tax on the sale of"preserved land"; and
WHEREAS Suzanne M. Egan paid $10,900.00 pursuant to the Community Preservation Fund on land
which the development rights had been previously sold to the Town of Southold; and
WHEREAS the Town Board has directed the Town Attorney's department and the Land Preservation
Department to prepare any necessary changes in the local law to make sure "preserved parcels" are not
taxed under the 2% CPF tax; be it therefore
RESOLVED that the Town Comptroller, the Suffolk County Treasurer, and all appropriate and
necessary parties are hereby directed pursuant to the provision of the Southold Town Code to
refund $8~630.00 to Suzanne M. Egan subiect to the right of the Town Board to seek a return of
this amount if the necessary local law changes are not enacted by the Town Board.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#528
Moved by Councilman Romanelli, seconded by Councilman Richter,
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York on the 17th day of July, 2001, a Local Law entitled "A Local Law in Relation to Noise
Control", now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York on the 31st
day of July, 2001 at 7:10 p.m., at which time all interested persons will be given an opportunity to be
heard.
This proposed "Local Law in Relation to Noise Control", which reads as follows:
LOCAL LAW NO. - 2001
A Local Law in relation to Noise Control.
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
CHAPTER
NOISE CONTROL
§ - DEFINITIONS
As used in this chapter, the following terms shall have the meanings indicated:
ABATEMENT -An official warning to remove, stop and/or cease that which causes an unreasonable
noise.
COMMERCIAL AREA -A group of commercial properties and the abutting public rights-of-way and
public spaces.
COMMERCIAL PROPERTY -Any property currently or hereinafter zoned for any classification of
business or commercial zoning according fu the Zoning Map of the Town of Southold or any facility
or property used for activities involving the furnishing or handling of goods or services, including but
not limited to:
(1) Commercial dining.
(2) Community services.
July 17, 2001 11
(3) Public services.
(4) Other commercial activities.
CONSTRUCTION- Any site preparation, assembly, erection, repair, alteration or similar action, but
excluding demolition, of buildings or structures.
CONSTRUCTION DEVICE -Any power device or equipment designed and intended for use in
construction, including but not limited to air compressors, bulldozers, backhoes, trucks, shovels,
derricks and cranes.
DEMOLITION -Any dismantling, intentional destruction or removal of buildings or structures.
EMERGENCY WORK - Any work or action necessary to deliver essential services, including but not
limited to repairing water, gas, electricity, telephone and sewer facilities and public transportation,
removing fallen trees on public rights-of-way and abating life-threatening conditions.
HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT -All engine- or motor-powered
equipment intended for repetitive use in residential areas typically capable of being used by a
homeowner. Examples of "homeowner's light residential outdoor equipment" are lawn mowers, garden
tools, riding tractors, snowblowers, hedge clippers, etc.
IMPULSIVE SOUND -A sound of short duration, usually less than one (1) second, and of high
intensity with an abrupt onset and rapid delay. Examples of "impulsive sound" would be explosions,
drop forge impacts, discharge of firearms, etc.
INDUSTRIAL AREAS -Those areas zoned as such by the Code of the Town of Southold.
INDUSTRIAL PROPERTY -Any facility or property used for activities involving the production,
fabrication, packaging, storage, warehousing, shipping or distribution of goods, including any property
currently or hereinafter zoned for any
MOTOR VEHICLE -Any vehicle which is propelled or drawn on land by an engine or motor.
MULTIDWELL1NG BUILDING -Any building wherein there are two (2) or more dwelling units.
NOISE -Any airborne sound of such level and duration as to be or tend to be injurious to human health
or welfare or that would unreasonably interfere with the enjoyment of life or property.
NOISE CONTROL OFFICER -Any employee of the Town of Southold trained in the measurement of
sound and empowered to issue a summons for violations of this chapter.
NOISE POLLUTION -The presence of that amount of acoustic energy for that amount of time
necessary to:
(1) Cause temporary or permanent hearing loss in persons exposed;
(2) Be otherwise injurious or tend to be, on the basis of current information, injurious to the public
health or welfare;
(3) Cause a nuisance; or
(4) Interfere with the comfortable enjoyment of life and property or the conduct of business. The
following are deemed to interfere with the comfortable enjoyment of life and property or the conduct
of business:
(a) Yelling, shouting, hooting, whistling or singing on the public streets or from private
property at any time that annoys or disturbs the quiet comfort or repose of person or persons
in the vicinity and that such noise is plainly audible at a distance of fifty (50) feet from the
area, building, structure or vehicle from which such noise emanates.
(b) The using or operating of or permitting to be played, used or operated, any sound
reproductive device, including but not limited to any radio, receiving set, musical instrument,
phonograph, television set or other machine or device for the producing or reproducing of
sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants
and in such a manner as to be plainly audible at a distance of fifty (50) feet from the area,
building, structure or vehicle in which it is located.
NOISE-SENSITIVE ZONE- Any area designated pursuant to this chapter for the purpose of ensuring
exceptional, quiet.
OFF-ROAD RECREATIONAL VEHICLE -Any vehicle which is propelled by any power other than
muscular power.
July 17, 2001 12
PERSON -An individual, association, firm, syndicate, company, trust, corporation, department, bureau
or agency or any other entity recognized by law as the subject of rights and duties.
PUBLIC RIGHT-OF-WAY - Any street, avenue, boulevard, road, highway, sidewalk, alley or similar
place that is owned or controlled by a governmental entity.
PUBLIC SPACE - Any real property or structures thereon that are owned or controlled by a
governmental entity.
REAL PROPERTY LINE:
(1) The imaginary line, including its vertical extension, that separates one parcel of real property from
another; or
(2) The vertical and horizontal boundaries of a dwelling unit that is one (1) in a multidwelling unit
building.
RESIDENTIAL AREA -A group of residential properties and the abutting public rights-of-way and
public spaces.
RESIDENTIAL PROPERTY -Any property used for human habitation.
SOUND -Any variation in ambient barometric pressure.
SOUND REPRODUCTION DEVICE -Any device that is designed to be used or is actually used for
the production or reproduction of sound, including but not limited to any musical instrument, radio,
television, tape recorder, phonograph, loudspeaker, public address system or any other sound-
amplifying device.
SOUND SIGNAL DEVICE -Any device that is designed to be used or is actually used to produce a
sound signal, but not spoken language, including but not limited to any horn, whistle, bell, gong, siren,
rattle, clapper, hammer, drum or air horn.
SOUND SOURCE -Any activity or device whatever that produces sound.
SOUND SOURCE SITE -Anyone (1) parcel of land or a tract of land consisting of two (2) or more
parcels, which includes all contiguous land and water areas under the ownership or control of a person
in or upon which one (1) or more sound sources are located. The "sound source site" includes all
individual sound sources that are located on such site, whether stationary, movable or mobile. A
"sound source site" is created by the installation of one (1) or more sound sources thereon.
UNREASONABLE NOISE -Any excessive or unusually loud sound or any sound which either
annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable
person of normal sensitivities or which causes injury to animal life or damage to property or business,
except the sound from agricultural operations. Standards to be considered in determining whether
"unreasonable noise" exists in a given situation include, but are not limited to, the following:
(1) The volume of the noise.
(2) The intensity of the noise.
(3) Whether the nature of the noise is usual or unusual.
(4) Whether the origin of the noise is usual or unusual.
(5) The volume and intensity of the background noise, if any.
(6) The proximity of the noise to residential sleeping facilities.
(7) The nature and zoning district of the areas within which the noise emanates.
(8) The time of day or night the noise occurs.
(9) The time duration of the noise.
(10) Whether the sound source is temporary.
(11) Whether the noise is continuous or impulsive.
§ .En~rcement.
July 17, 2001 13
A. The provisions of this chapter shall be enforced by noise control officers and/or police officers of
the Town of Southold.
B. The noise control officers shall have the power to:
(1) Issue a summons or warning, pursuant to § __-_,
noise.
to immediately cease and desist the subject
(2) Coordinate the noise control activities of all municipal departments and cooperate with all
other public bodies and agencies to the extent practicable.
(3) Review the action of other municipal departments and advise such departments of the
effect, if any, of such actions on noise control.
(4) Review and inspect public projects and, upon consent by the owner or designated agent,
review and inspect private projects for compliance with this chapter.
C. The noise control officers shall not use this chapter in situations within the jurisdiction of the
Federal Occupational Safety and Health Act.
§ . Responsibilities of town departments and agencies.
A. All departments and agencies of the Town of Southold shall, to the fullest extent consistent with
other law, carry out their programs in such a manner as to further the policy of this chapter and shall
cooperate with the noise control officer in the implementation and enforcement of this chapter.
B. All departments charged with new projects or changes to existing projects that may result in the
production of noise shall consult with the noise control officer prior to the approval of such projects to
ensure that such activities comply with the provisions of this chapter.
§ . Prohibited acts.
No person shall make, continue or cause or suffer to be made or continued any unreasonable noise as
defined in § - hereof. In particular, without limitations of the foregoing provision of this section,
the following enumerated acts are declared to be in violation of this section:
A. Sound reproduction devices.
(1) No person shall operate or cause to be operated a sound, reproduction device that produces
unreasonable noise.
The operation of any such device in such a manner as to create unreasonable noise across a real
property boundary or the operation of such device by a passenger of a vehicle in such a way as
to disturb any other person is prohibited.
(2) No person shall operate, use or cause to be operated or used any sound reproduction device
for commercial or business advertising purposes or for the purposes of attracting attention to
any performance, show or sale or display of merchandise in connection with any commercial
operation, including but not limited to the sale of radios, televisions, phonographs, tape
recorders, phonograph records or tapes; in front or outside of any building, place or premises
abutting or adjacent to a public street, park or place, where the sound there from may be heard
upon any public street, park or place or from any stand, platform or other structure; or on a boat
or on the waters within the jurisdiction of the Town of Southold; or anywhere on public streets,
parks or places. Nothing in this subsection is intended to prohibit sounds emanating from
sporting, entertainment or other public events held on property of the Town of Southold or
School District so suited for such activities, provided that proper authorization from the Town
of Southold has been obtained.
(3) No person shall operate or use or cause to be operated or used any sound reproduction
device in any public place in such a manner that the sound emanating therefrom creates
unreasonable noise across a real property boundary.
B. Shouting and peddling.
(1) No person shall shout, yell, call, hoot, whistle or sing on public streets or in public places so
as to cause unreasonable noise.
(2) No person shall call for the purpose of advertising goods, services, wares or merchandise
within any area zoned for residential use so as to cause unreasonable noise. The provisions of
this section shall not apply to the sale of merchandise, food and beverages at Town of Southold
authorized entertainment events such as parades, fairs and sporting events.
July 17, 2001 14
C. Places of public entertainment. No person shall operate or permit to be operated a place of public
entertainment, including but not limited to a restaurant, bar, cafe, discotheque or dance hall, in which
the playing of any sound reproduction device or similar device creates an unreasonable sound level
sustained for more than thirty (30) seconds at any point that is normally occupied by a customer, unless
a conspicuous and legible sign is located outside such place, near each public entrance, stating "sound
levels within may cause permanent hearing impairment."
D. Animals and birds. No person shall keep, permit or maintain .any animal, including a bird, under his
control which frequently or for continued duration of fifteen (15) minutes makes sounds which create
unreasonable noise across a residential real property boundary.
E. Noise-sensitive zones. No person shall cause or permit the creation of any sound by means of any
device or otherwise on any sidewalk, street or public place adjacent to any school, court, house of
worship or public library while such facility is in use or adjacent to any hospital or nursing home at
any time, so that such sound disrupts the normal activities conducted at such facilities or disturbs or
annoys persons making use of such facilities.
F. Loading and unloading.
(1) No person shall engage in, cause or permit the loading, unloading, opening, closing or other
handling of boxes, crates, containers, building materials or similar object between the hours of
8:00 p.m. and 7:00 a.m. the following day in such a manner as to cause unreasonable noise
across a residential real property boundary.
(2) This provision shall not apply to the operation of any business as to which specific Town
Code regulations set forth different times or covenants- were recorded prior to the enactment
of this chapter by direction of any agency of the Town of Southold settling forth a limitation for
conducting of the activities set forth in Subsection F(I) above during the hours other than those
set forth in said subsection. In such case, the hours set forth in the covenant or Town Code
regulations shall control.
G. Horns and signaling devices. No person shall cause or permit to be caused the sounding of any horn
or other auditory signaling device on or in any motor vehicle except to serve as a danger warning.
H. Squealing tires. No person shall operate a vehicle in such a manner as to cause unnecessary noise by
spinning or squealing the tires of such vehicle.
I. Standing motor vehicles.
(1) No person shall operate or permit to be operated the engine of any motor vehicle or any
auxiliary equipment attached to such vehicle, for a period longer than ten (10) minutes in any
hour while the vehicle is stationary, for reasons other than traffic congestion, on any private
property or public right-of-way or public space so that the sound therefrom is audible within
three hundred (300) feet of a residential property boundary between the hours of 8:00 p.m. and
7:00 a.m. the following day.
(2) This subsection shall not apply to authorized emergency vehicles or to public utility
vehicles actually engaged in any emergency repair activity.
K. Street cleaning and/or parking lot sweeper equipment. No person shall engage in or permit to be
operated any street sweepers, industrial vacuums or other like equipment between the hours of 8:00
p.m. and 7:00 a.m. The provisions of this subsection shall not apply to emergency work or municipal
street cleaning.
L. Construction.
(1) No person shall operate or permit to be operated any construction device, including but not
limited to construction and demolition work, excavating or earthmoving equipment:
(a) Between the hours of 8:00 p.m. and 7:00 a.m. on weekdays or at any time on
Sundays or legal holidays, such that the sound therefrom creates unreasonable noise
across a residential real property boundary.
(2) The provisions of this subsection shall not apply to emergency work.
M. Commercial, business and industrial operation.
(1) No person shall operate or permit to be operated on a sound source site a commercial
business or industrial operation that produces an unreasonable sound level.
July 17, 2001 15
(2) Continuous sound-in-air which has crossed the property line of such sound source site and
enters property zoned for residential use or property within a noise-sensitive zone shall not
produce an unreasonable sound level:
(a) During the hours of 7:00 a.m. and 8:00 p.m.:
(b) During the hours of 8:00 p.m. and 7:00 a.m. the following day:
(c) The sound levels contained herein shall not apply to noise-sensitive zones when the
facilities in such zones are not in use.
(3) Continuous sound-in-air which has crossed the property line of a sound source site and
enters property which is zoned for business or property where the public in general
congregates, except property zoned for industrial use, shall not produce an unreasonable sound
level.
N. Noise mufflers. No person shall operate a motor vehicle which shall fail to contain a muffler or
other sound-suppression equipment in operable condition which shall prevent said vehicle from
causing unnecessary noise.
§ . Exceptions.
The provisions of this chapter shall not apply to:
A. Agricultural operations.
B. The emission of sound for the purpose of alerting persons to the existence of an emergency.
C. The emission of sound in the performance of emergency work.
D. The noise generated in agricultural production and operating, including but not limited to farm
irrigation equipment, animal training or air cannons used to prevent animal damage.
E Noise from the intermittent or occasional use of home- owner's light residential outdoor equipment,
including but not limited to domestic power tools, lawn mowers and equipment, when operated with a
muffler, between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m. on
weekends and legal holidays.
F. Sound from church bells and church chimes when part of a religious observance or service.
G. Noise from construction activity, except as provided in § -
H. Noise from snowblowers, snow throwers and snowplows, when operated with a muffler, for the
purpose of snow removal.
I. Noise from stationary emergency signaling devices owned and operated by any public utility,
municipal subdivision, fire department or ambulance corps when used in connection with an
emergency or for testing purposes, including but not limited to train switching.
J. Noise from a burglar alarm of any building or motor vehicle, provided that such burglar alarm shall
terminate its operation within fifteen (15) minutes after it has been activated and shall not be operated
more than fifteen (15) minutes in any one-hour period.
K. Sound from chimes or bells from municipal buildings, including but not limited to fire district
buildings.
L. Noise from generators used for emergency purposes.
M. Noise from licensed or permitted fireworks displays, outdoor concerts, musical entertainment,
parades or assemblies
§ . Variances.
A. The Town Board of the Town of Southold shall have the authority, consistent with this section, to
grant variances to this chapter.
B. Any person seeking a variance pursuant to this section shall file an application with the Town
Board. The application shall consist of a letter signed by the applicant and contain a legal form of
verification. Such letter shall contain information which demonstrates that bringing the source of sound
or activity for which the variance is sought into compliance with this chapter would constitute an
July 17, 2001 16
unreasonable hardship on the applicant, on the community or on other persons. In addition, the
following information shall be provided:
(1) The plan, specifications and other information pertinent to such sources.
(2) The characteristics of the sound emitted by the source, including but not limited to the
sound levels, the presence of impulsive sounds and the hours during which such sound is
generated.
(3) The noise abatement and control methods used to restrict the emission of sound.
C. The Town Board, upon receipt of such application and upon payment of any fee which shall be
required by resolution of the Town Board, shall set the matter down for a public hearing to be held
within thirty (30) days from the date the application was submitted. The Town Board shall cause
publication of such public hearing to be given in the official newspaper of the town in the same manner
as an application for a special permit is published. The applicant, in like manner, shall give notice of
the application by certified mail, return receipt, to all property owners surrounding the sound source
sire within a radius of two hundred (200) feet from the borders of said site-
D. In determining whether to grant or deny the application, the Town Board shall balance the hardship
to the applicant, the community and other persons against the adverse impact on the health, safety and
welfare of persons affected, the adverse impact on the property affected and any other adverse impacts
deemed appropriate.
E. The Town Board shall cause the taking of sound level readings by an agency to be designated by the
Town Board in the event that there shall be any dispute as to the sound levels prevailing or to prevail at
the sound source site.
F. The Town Board shall have the power to impose restrictions, conditions and the recording of
covenants upon any sound source site, including time limits of permitted activity, in the event that it
shall grant any variance hereunder.
§ . Penalties for offenses.
A. Any person who violates any provision of this chapter shall be guilty of a violation and shall be
subject to a fine not to exceed two hundred fifty dollars ($250.) for each offense.
B. Each day (twenty-four-hour period) of violation of any provision of this chapter shall constitute a
separate offense.
§ . Issuance of warnings.
Except as provided in Subsection B below, in lieu of issuing a summons, the noise control
officer may issue a warning requiring abatement of any source of sound alleged to be in
violation of this chapter.
B. A warning shall not be issued when the noise control officer has reason to believe that there will
not be compliance with the warning, when the alleged violator has been served with a previous
warning or had previously been convicted for a violation of this chapter.
§ . Construal of provisions.
No provision of this chapter shall be construed to impair any common law or statutory cause of action,
or legal remedy there from, of any person for injury or damage arising from any violation of this
chapter or from other law.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#529
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby engages the professional services
of Frank Isler~ Esquire for representation in Constantine Ioannou v. The Southold Town
Planning Board.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#530
Moved by Justice Evans, seconded by Councilman Richter, it was
July 17, 2001 17
RESOLVED that the Town Board of the Town of Southold hereby engages the professional services
of Frank Islet, Esquire for representation in Kit Realty Incv. Elizabeth Neville in her official
capacity as Southold Town Clerk and the Southold Town Planning Board.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#531
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby engages the professional
services of Nelson, Pope & Voorhis to perform various Planning Department proiect duties
subiect to a negotiated contract in accordance with the Town Attorney.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#532
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure of Griffin
Street and North Street in Cutchogue between the hours of 12:00 p.m. and 6:00 p.m. on Sunday,
August 5, 2001 during the Sacred Heart Parish Centennial Celebration Picnic to be held on their
property at the Parish Grounds on the land behind Our Lady of Mercy School, Main Road, Cutchogue,
New York, provided there is filed with the Town Clerk a One Million Dollar Certificate of Liability
Insurance naming the Town of Southold as an additional insured.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: That is the end of our planned resolutions. I would like to say, welcome
to the young man we have with us tonight, a Scout. Are you working on your Eagle or are you working
on your Government Badge? Communications? That is good one. Thank you for joining us. It is nice
to see when the young people come in for their badge work in the Town Hall. If there is anything else
we can do for you we would be very happy to help. Okay, at this time we open up the floor to anyone
that would like to talk to us or discuss or bring something to our attention in relation any Town
business. Please, feel free.
FATHER JAMES KARALEXIS: My name is Father James Karalexis. I am the spiritual leader of the
Greek Orthodox Church on Breakwater Road in Mattituck. Members of the Board and Mrs. Cochran,
first of all I am a little saddened. I have not read the article in the Travelers Watchman about our
church. I have not seen it yet, but I want to make one thing straight. I don't know what exactly is
written in the Mattituck Travelers Watchman, but I have never told anyone that as far as the church
facilities are concerned that the church rents out the property. I don't know exactly how it is stated in
the paper but I heard something to that effect. I have never made a statement like that. The only thing I
have said is, different local, local, organizations that use the picnic facilities they usually give like a
donation for the cleaning, Mrs. Cochran, of the facilities after they leave. But, we do not rent out that
specific area, because we are not a business. We are not a business in any way, and I wanted to make
that clear that I have Council members. I have never made a statement that the property at the church is
rented out and someone brought to my attention that rent it out to churches in the Long Island area.
That is wrong. That is incorrect. If anyone has any doubt they can call the Greek Orthodox Church and
they can prove to you and tell you that we never have accepted rents from any churches. This is
unheard of for our picnic facilities. Any picnic that is held it is held by the organizations of the local
church, and not from people from Astoria and Flushing, and so forth. They have to be members of the
local church in order to have a picnic. Now, as far as the noise is concerned I was wondering if
probably the President wants to make a comment about the noise. If not, I will continue. But, Mrs.
Cochran, I want it made that I have never made a statement as to the fact they we rent out the facility
to different organizations. That is false, and I am sure as a spiritual leader that you will trust in me.
Thank you.
PETER GOURLIDES: Peter Gourlides. First of all I am sorry I come here like that. He called me at
the job, he said, please, you come to Southold. Last year you started the problem. I believe that the
music is very high. You know, because the people go around and listen very high. I believe that. I
explained to the people that come in for a picnic, you know, it is not nice the music be too high,
because the neighborhood, for the people, you know. We didn't want any trouble. Last year the
problem continued loud. I believe that, but this year I tell everybody, because the music is very low.
So, sometimes you got two picnics, three picnics. The time you start the music I go to the house back
July 17, 2001 18
in the church. I talk to Mrs. Murphy. I see before maybe is here now. Because I worry so much for the
neighborhood, so ! listen to the music at the other side for the complaints. So, the music ! listen, but is
not bothered. This time the music is very low. It is not bothered. You know sometimes the music is
bothered. Sometimes you listen, low, soft. So, the other week is coming the same thing, anybody is
coming ! say, no loud music because ! don't like any trouble with the neighborhood. ! don't like any
problem for the police, for the town, for anything, because ! told the guy you go home, ! stay here, and
! got a problem. It is okay. Two guys come to the other house and listen to the music, but it is very
close. ! say, listen, you too close. But, ! talk again it is very low. Now, last week ! got a meeting at the
church with the Council, and no more live music. So, the last music ! had but sometimes this year ! got
no more loud music. But, sometimes the Greek Festival for the church, one a year, maybe you got a
loud music.
SUPERVISOR COCHRAN: That is what is coming up at the end of the month isn't it? In August?
PETER GOURLIDES: July.
SUPERVISOR COCHRAN: The end of July you have your festival?
PETER GOURLIDES: Sometimes you come at 28. Sometimes you come at 29. You know every year
! figure out that month.
SUPERVISOR COCHRAN: You are telling me it will be live music.
PETER GOURLIDES: This year no more live music.
SUPERVISOR COCHRAN: So you are going to a DJ?
PETER GOURLIDES: DJ. DJ is my son, so ! control his work. No problem. ! not feel good with the
news, because it is not fair. You say something bad for the church, because nobody bothers. The Greek
family work very hard, respect their national. It is not fair the newspaper says the Greeks have got it
loud, this and that. This year you start again. Last week it was in the paper. ! feel so bad. The
newspaper talk different, it is not nice. You start, ! start it, you never finish this business, so something
is wrong, because really this year the music is very low. Maybe you misunderstand me.
SUPERVISOR COCHRAN: ! understand you.
HEATHER MURPHY: ! am really bad at public speaking. My name is Heather Murphy. ! live right
behind the Greek Orthodox Church. ! do agree with them. The music is a little lower this year,
however, ! don't mind that people want to have fun, and everybody is entitled to that. But, it is my
backyard. ! have two little kids. They are outside right now. My neighbor has three little kids, and it is
not even just the music. It is the amount of music. It is the amount of weekends. My husband works all
week long, and Sunday he comes home and he has to listen to, you know, a live band, or a DJ, or
whatever it is. It is all day. It is during his day that he wants to spend out in his background, and
everybody is entitled to their own music. No problem, but we can't enjoy our backyard. They want to
enjoy their backyard, so we are conflicting, and ! understand, but ! as much as them would like to
resolve this. As part of your Noise Ordinance whatever ever to try to resolve with the Noise Ordinance
really it probably won't work in my backyard, because whatever you try to resolve as far as a decibel
level probably will be annoying for us. Basically what ! think we want to try to resolve here is the
amounts of parties that are allowed in one's backyard a year. Live music, DJ's whatever it be, because
! as much as them would like to enjoy my backyard. You know, we didn't have this problem until after
the pavilion was built. Before the pavilion was built they just had their two parties. They had their
Greek Festival, which everyone came and they enjoyed and they had their Greek-America Day, which
was fine. We knew that before we moved in. We said that was fine with us. You have your thing no
problem, but now it is just about every weekend, and it doesn't really .... ! agree with him that it is
lower, but it really is still not making us happy that way. So, if we change maybe the way we, you
know, issue permits to allow people to enjoy themselves ! think if we do a Town Board of Appeals or
whatever so that public, you know, has knowledge of every single event that is going to be going on in
somebody's backyard. ! think that might help. ! mean ! don't want to run your business or anything
but, you know, ! think that too much help. Not that we might know of every single time that, you
know, you have a Town Board appeal going on, but if you could do that it would help us, too.
SUPERVISOR COCHRAN: The Noise Ordinance (unintelligible) the loud boxes and the radios that
go thud, thud, thud, and shake the windows in your house. Be it outdoor weddings, so it is for many,
many things, and we tried very hard not to, because it is not always the easiest thing to enforce, but we
fee that is one that has been developed, and the Chief of Police fees the same, that we will be able to
July 17, 2001 19
work with it, and the Police Department feels that 90% of the complaints they go to the people, will
say, hey, turn down the music, you are annoying the neighbors, and they usually listen. So, for that
10% maybe this legislation will encourage them, and we can cut down. We appreciate in the summer
that windows are all open, kids go to sleep, and go to bed early, and we appreciate it. Now, Father, that
you wouldn't be having any functions until the end of the month. Is that it?
FATHER JAMES KARALEXIS: There is a function, a three day festival, that I let the neighbors
know about, and it always the last weekend in July, Friday, Saturday and Sunday, but we are going to
have DJ music. It is not going to be live music.
SUPERVISOR COCHRAN: The thing is they have volunteered themselves to go DJ's rather than live
music, because, again, that live music gives you that pace, boom, boom, boom, and that seem carry
further than the music or little melody notes themselves, so, they are going to DJ's. They feel they can
control it a little bit more, and cut down on complaints there, too, because we do get complaints about
the vineyards. So, hopefully this will work out through this weekend, and the Town Board will look at
the number of events. We will have to look at that.
HEATHER MURPHY: ! know. ! know they are more accessible now because they have their pavilion,
and they want to have their community enjoy their music, and they want to do that, and ! feel bad, too,
because ! mean if ! were a part of their community ! would like to enjoy my time with them, too. But,
like ! said, it is in my backyard, too. It is every weekend it is a little difficult, like ! said, for us to enjoy
our backyard on the weekends. Thank you very much.
PETER GOURLIDES: It is not every weekend.
SUPERVISOR COCHRAN: We have the record. We will look at all of that. Hopefully you get
through this little festival you are having, you know, and everybody goes home happy that night.
PETER GOURLIDES: ! would be very happy to work together. Thank you very much.
FATHER JAMES KARALEXIS: Mrs. Cochran, ! would like to tell you that last year they had told us
here at Southold Town Hall that at least for the three day festival, and also for the Greek American
night, which is held usually the last Saturday in June, that you would definitely permit that, because
those are clearly church affairs. They had nothing to do with picnics, and ! hope it will continue that
way, and ! want to make a note to all the Council members that every year we do have the three-day
festival, and our neighbors are aware of it, and they respect us for that as far as the church events are
concerned. Usually the last Saturday in June we have the so called Greek American Night, which goes
from about six to ten, eleven o'clock at night. Then every year we have the three-day festival, which is
usually the last weekend in July, and ! also would like to say that we are trying to cooperate with our
neighbors. We love them. We respect. In fact, ! respect all of those neighbors. They are wonderful
people, and ! don't want anyone to think that there is any friction or animosity with our neighbors.
They are great people, and ! would like to thank them if we could cooperate together, and try to resolve
these small, ! call them small problems. Thank you.
COUNCILMAN MURPHY: If ! may just ask, Father. You have those two functions, the one in June
and the one in July, which are the church functions. What are these other functions that have been
going on, on other weekends?
FATHER JAMES KARALEXIS: They are usually sponsored by local church organizations, and
again, ! want to understand that they give a donation for the cleaning. The cleaning woman usually
goes out there the next day, and she cleans.
COUNCILMAN MURPHY: ! am just wondering what those are.
FATHER JAMES KARALEXIS: They are like social friendly picnics. They serve food, and usually
they have a little music, but from now on, if ! am wrong Mr. President you can correct me. From now
on the organizations are not going to be able to have live music, because as you will agree Mrs.
Cochran when you have a Greek orchestra usually the guitar and the coronet they are real loud. So, we
are not going to permit them to have that loud music anymore, just DJ. All right? Thank you. !
appreciate you giving me the time to say a few words. Thank you Councilman.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board on any Town Board
business?
July 17, 2001 20
ERIC KYLE: I am Eric Kyle, and I am speaking on behalf of the Southold Farmers, specifically the
Southold Local Affairs Committee of Long Island Farm Bureau. Would you like a copy of this?
Farmers are gratified that the Town organized the recent Smart Growth Retreat on July 12th, and we
look forward to continued involvement this policy has developed. Farmers, Planners, Town Board
members, the Long Island Farm Bureau, the North Fork Environmental Council, and the Peconic Land
Trust met to share concerns and ideas as how we address perceived development pressures on
farmland in Southold. The Town's concern, as expressed to the farm community is that economic
factors, and the possible available of public water in new areas may lead to new major subdivisions in
the AC zone. This is of great concern to farmers, who see any significant lose of farmland as a threat to
our future. Farmers want as much land preserved as possible, and do not welcome the conflict that
often occurs when new neighbors object to farming, and what they perceive to be their backyards. The
Town's initial response to the perceived pressure was to propose upzoning as remedy to this complex
issue. Farmers and others have expressed concern that unzoning will not stop the unwanted
development in farmland. In fact the experience on the South Fork shows that unzoning will often
inadvertently accelerate development. Two and a half times as much farmland will be developed to
yield the same number of lots. At best upzoning will only cut density on developed farms, and will not
stop farm development. Farms will merely be cut up into larger chunks. The density cut is only a drop
in the bucket when compared with the projected population figures the Town is using. Shouldn't the
goal be farm and farmland preservation, and not simply a cut in density? We believe that together we
can do better. At Smart Growth Retreat farmers suggested that they would prefer a goal of no or very
little development in the AC zone. Using a variety of methods that would cut density, preserve
farmland, and maintain scenic vistas while insuring farm equity and promoting the business of
farming. Participants in the retreat including the North Fork Environmental Council suggested various
methods to achieve this goal. Included among these was working together, the Town Board members,
the farmers, the North Fork Environmental Council, and the Peconic Land Trust to secure additional
funding for the purchase of development rights from the Federal government. Legislation is being
introduced in Congress for $500,000,000 for purchase of development rights, the only sure way to
preserve farmland. Let's lobby Washington together for our fair share for Southold. We hope that the
ideas discussed during the Smart Growth Retreat can be developed into a Smart Growth strategy
finally resulting in Smart Growth policy that will address the perceived threat to farmland in a
meaningful way. We also welcome the Board's assurance that as the policy is drafted all the
stakeholders will continue to be included and the Supervisor's suggestion that Farm Bureau and their
counsel will participate in policy development. We would be gravely disappointed if some remained
dead set on the idea that upzoning in the light of the significant progress we felt was made during the
retreat. We hope that you have been persuaded that there are many more effective options. We are
concerned that the stated goal of moving ahead as quickly as possible with careful consideration,
study, and planning. We suggest that the Town continue the study and planning with the retention of
an environmental consulting firm and an appraisal firm to assist us. We stand ready to work with you.
Thank you very much.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board?
MARILYN QUINTANA: Marilyn Quintana, East Marion. I understood that the propositions that I
had put forth at the last Town Board meeting, which was the salaries increase for my girls, and the
hiring of new help was tabled for this meeting.
SUPERVISOR COCHRAN: Marilyn, Mr. Cushman, our comptroller, myself, have a meeting with the
Union representative on Thursday. We have to sit down with them any time we are considering
changing a salary. This has all been done through negotiations with the contract, so we will be sitting
down their President on Thursday.
MARILYN QU1NTANA: The lifeguards that got their increase had to go the same way? The
lifeguards that the increase to $10.00 had to go through the same way.
SUPERVISOR COCHRAN: We have to do everything through the President of Union. I think Lois
was there are the time.
MARILYN QU1NTANA: Okay, because I am working short-handed already because Liz Pellegrini
was never replaced.
SUPERVISOR COCHRAN: Did you call those people?
MARILYN QU1NTANA: Yes, they are coming in, but that is not going to help for when we get busy
at the window, because we used Mary Beth last time at the window.
July 17, 2001 21
SUPERVISOR COCHRAN: It should be no problem.
MARILYN QU1NTANA: Okay, I just wanted to let you know.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board?
ALBERT KRUPSKI, JR.: Just as a follow-up question, you just received a letter here that was read
from the Southold Local Affairs Committee of the Long Island Farm Bureau, and just as a follow-up
from the meeting from last week I just wondered was there any action taken by the Board.
SUPERVISOR COCHRAN: I believe when we left the meeting the way it was left is that the Voorhis,
that firm would develop the legislation, and then they would work with our Town Attorney, and with
the Farm Bureau attorney. That is where it has been left.
ALBERT KRUPSKI, JR.: What was the fellow's name?
JUSTICE EVANS: Chick Voorhis.
ALBERT KRUPSKI, JR.: But they weren't there the whole meeting.
SUPERVISOR COCHRAN: They were there in the morning, and the other one was there in the
afternoon. They had coverage for the full day, and they do communicate. They work together.
ALBERT KRUPSKI, JR.: I think it is important for them to know if they need anymore information
they can contact any of the farmers who sat in at that meeting.
TOWN ATTORNEY YAKABOSKI: Al, I know that Melissa had Stacy working, and Jean had Stacy
work, the floater all day on synchronizing the flip charts, where all the ideas were written down. They
were getting those onto a form, where they were readable and that kind of thing.
ALBERT KRUPSKI, JR.: Thank you.
PHIL MALIQUEY: Those will be available.
SUPERVISOR COCHRAN: I know they were putting them together because they took the flip charts,
and I said I wanted a complete record on 8xl 1, so it could be carried around. I said put the flip charts
away so that is verification of actual conversation, and I am not sure if they finished them today. Check
with my office in the morning. They will be available in the next day or two. May I have a motion to
adjourn?
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 5:25 P.M.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Elizabeth E. Neville
Southold Town Clerk