HomeMy WebLinkAboutTB-05/06/2003SOUTHOLD TOWN BOARD
MAY 6~ 2003
Work Session:
Present: Supervisor Joshua Y. Horton, Justice Louisa P. Evans, Councilman William D. Moore,
Councilman John M. Romanelli, Councilman Craig A. Richter, and Councilman Thomas H. Wickham.
Also present: Deputy Town Clerk Linda J. Cooper, Town Attorney Gregory F. Yakaboski, and
Assistant Town Attorney Patricia Finnegan.
9:00am Appointment Dr. Micah Kaplan and Patricia Kiernan of Eastern Long Island Hospital
presented an overview of the capabilities of the hospital and the proposed addition and remodeling of
the emergency room. The remodeling will expand the facility and give a new floor plan that will
facilitate ease of movement for the emergency room and outpatient testing. The project is scheduled to
start in the fall of this year and a portable unit will be utilized during the remodeling.
9:30am Appointment Neboysha Brashich of the Southold Town Transportation Commission gave
an update of the Commission's activities of the last six months. It has been dealing the NYS DOT in
an attempt to aid with crosswalk awareness in Southold Town. The town would like the DOT to allow
"Pedestrian Crossing" signs similar to those used in Riverhead and Sag Harbor but the DOT feels the
amount of pedestrian traffic does not warrant the signs. Other things the DOT could do on Route 25 to
create awareness of crosswalks would entail the use of paint and striping. The Town would like to see
some remedy before the start of summer. Other topics included the resurfacing of County Route 48;
working for a traffic light at Cox Lane and Route 48; meeting with the DOT about the Route 25 bridge
construction; the resurfacing of Route 25 by the information booth going into Greenport; the
Cutchogue-New Suffolk Chamber of Commerce Downtown Project request to move overhead wires
underground or all to one side of the street which was deemed to cosily; the printing of the new bicycle
path maps (the Town Board suggests that Mr. Brashich request the state to remove the some of the
bicycle path signs as there is an overabundance); trying to coordinate service between the MTA/LIRR
and Shelter Island Ferry (at present the morning train at Greenport leaves just before the first ferry
arrives from Shelter Island); a protocol for the Town, LIPA, County and State concerning trimming,
May 6, 2003 2
Southold Town Board
removal and planting of trees; received a $150,000 grant for a feasibility study of moving power wires
underground on the Orient causeway; SEEDS working on various traffic problems (the Supervisor
would like to see a shuttle service set up to carry ferry traffic from western areas to the Orient ferry to
help alleviate some of the traffic to/from the ferry and suggests a meeting be arranged with State
Senator Kenneth LaValle, State Assemblywoman Patricia Acampora; representatives from the Cross
Sound Ferry, the Transportation Commission and the Town Board); and giving input on various town
traffic including stop signs, no parking, speed limits and the like.
10:lSam Appointment with Chief Cochran of the Southold Town Police Department to discuss
heightened patrol alternatives was cancelled.
10:lSam - 10:30am The Town Board recessed for a short break.
For Discussion Items: Justice Louisa Evans requested that the Town Board approve payment of
expenses for the water used at a hand pumped foot shower at Dock Beach. The board agreed to pay
the expenses water bills for the pump (Resolution V-292).
10:35am Appointment Valerie Scopaz, Principle Planner to discuss the LWRP (Local Waterfront
Revitalization Program) and setting up a public information meeting. The Final LWRP was received
and distributed with copies going to the local libraries and she is working on having it on the Town's
web site. Ms. Scopaz suggested that a one hour public informational meeting be held sometime in late
May. She envisioned the first half hour giving an overview of the purpose, benefits and highlights of
the plan; the second half hour would be used to answer questions. State and Federal comments are
expected sometime in 2 1/2 to 3 months. The town still must adopt legislation for Historical
Preservation and consistency laws before the plan will be accepted. It was decided that the Board
would meet with the town departments and boards before having a public meeting, instead Ms. Scopaz
should use the newspapers and web site to inform the public at present. Councilman Moore will work
on Historical Preservation legislation to present at the next Town Board meeting.
For Discussion Items: Councilman William Moore updated the board on the progress of the proposed
animal shelter. James Richter of the Southold Town Engineering Department drew up new plans. The
plans were reviewed by Bradley & Associates and 67 items were questioned. Mr. Richter is working
on the responses. Don Bambrick of Southampton Town Shelter (Southampton just built a new shelter)
will assist Mr. Richter with suggestions and advise of problems he had encountered with the building
the Southampton Shelter. The Town Attorney was directed to begin the work with the bond counsel so
that the Board will be ready to go within the month.---- The Supervisor expressed a desire to meet with
the Police Chief Cochran at the next Town Board meeting for the purposed of discussing the feasibility
of using a canine unit in the town.--- The town has received legislation co-sponsored by Patricia
Acampora and Fred Theile of the NYS Assembly concerning allowing towns to develop a "dedicated
housing fund". The Board would like to arrange a meeting with the Acampora and Theile for further
explanation of the bill. The Supervisor will set up a meeting. --- Councilman Thomas Wickham has
scheduled a meeting with Tom Daniels for Thursday and Friday, May 8 and 9 at the Down's Farm
Preserve in Cutchogue. The Thursday meeting with deal with agricultural structures and Points Based
Appraisal Methodology, Friday will deal with RID/Zoning/Other Alternatives and Economics as input
to SEQRA. Councilman Wickham also presented a "Summary of farmland acres preserved, ten year
May 6, 2003 3
Southold Town Board
period, 2003-2013". The Board differed on some of the assumptions in the summary. --- Councilman
Wickham brought up for discussion the Thiele/Engelbright bill to change section 247 of Municipal
Law that deals with the appraisal process. The bill would require that no acquisition of real property
be permitted without a real estate appraisal, that a public hearing be held on the acquisition after
acceptance of the purchase price by the owner. The board was advised that this was to avoid the kind
of problems which Suffolk County had experienced. Copies of the legislation will be copied and
distributed so that the board members could review all parts of the bill. --- The Supervisor advised the
board that the Southold Historical Society has agreed to accept the gift of the L'Hommedieu carriage
barn and to move it to its own property for restoration and historic preservation (Resolution V-287).
The board discussed putting the Whitaker House on the market, there is already an interested buyer.
The board agreed covenants must be placed on the property, that the exterior be restored to its historic
condition and that the building will not be demolished. The Town Attorney and Supervisor will work
on the covenants and present them to the board at its next meeting. --- The board agreed to set a public
hearing for the Ernest Schneider waiver request (Resolution V-286).--- Supervisor Horton presented
the Town Board with a proposal to make a "swap" of certain properties of the Church Lane
community. The owners of the industrial property seeking commercial use could swap their Church
Lane properties for other industrial zoned property that the Town will purchase for this purpose. The
Church Lane land that was part of the "swap" could then possibly be used for affordable housing.
Some Board members agreed that swap sounded reasonable but that was not feasible. There would be
no available industrial zoned property to perform the "swap" with especially since the Church Lane
lots are nonconforming, it could set a bad precedent and it could have an impact on other areas.
12:10pm - l:lSpm The Town Board recessed for lunch
l:lSpm Town Board reviewed resolutions to be voted on at the 4:30pm Regular Meeting.
1:35 pm
On a motion by Supervisor Horton, seconded by Councilman Wickham, it was
RESOLVED that the Town Board enter into Executive Session to meeting with attorney Kevin
McMorrow to discuss litigation and litigation settlement issues, contracts and real estate proposals
concerning Church Lane.
Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton. Also present were Deputy Town Clerk Linda
Cooper, Town Attorney Gregory Yakaboski, Assistant Town Attorney Patricia Finnigan, Police Chief
Cochran and Lt. Martin Flatley.
On a motion by Supervisor Horton, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby exits the Executive Session at
3:10pm.
Vote of Council: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton
(Resolutions V-288, V-289 and V-290 were placed on the agenda as a result of the executive session.)
May 6, 2003 4
Southold Town Board
SOUTHOLD TOWN BOARD
GENERAL MEETING
May 6, 2003
4:30 P.M.
A Regular Meeting of the Southold Town Board was held on Tuesday, May 6, 2003 at 4:30 P.M. at
Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting with the Pledge of
Allegiance to the Flag.
Present:
Absent:
Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman Craig A. Richter
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Deputy Town Clerk Linda J. Cooper
Town Attorney Gregory F. Yakaboski
Councilman William D. Moore
SUPERVISOR HORTON: Good Evening and welcome to the May 6, 4:30 P.M public meeting of the
Southold Town Board. Please rise and join with me in the Pledge of Allegiance. If we could remain
standing for a moment. This has been a tough week for Town employees in the Town. We have lost
Laura Collins, who served on the Zoning Board of Appeals, Sunday evening. Lloyd Kalin, whose life
was taken in an accident, he is the son of a member of our Southold Town Highway Department. And
with him was a young gentleman named Tommy Latham, who is the grandson of Ritchie Latham, who
served on the Southold Town Planning Board. So, for those that we have lost, I would like to offer a
moment of silence and to keep the families of the injured and the lost in our thoughts. Thank you.
You probably noted the wonderful display that is right here in the lobby of the Town Hall. That I am
going to read exactly what it is. From the Long Island Volunteer Hall of Fame, which grew out of the
United Nations International Year of Volunteers, 2001. The inaugural group of inductees includes
founders of local non-profit organizations representing 10 categories of volunteer activity. Paul
Stoutenburg was chosen in the environmental category as founder of the North Fork Environmental
Council. Organizations sponsoring this initiative include AHRC of Nassau, American Red Cross of
Suffolk, Child Abuse Prevention Services, Comell Cooperative Extension of Suffolk, Girl Scouts of
Nassau County, Junior League of Long Island, Long Island Cares, Stony Brook University, Nature
Conservancy, United Way of Long Island. And there are actually a whole host of other organizations
that are involved. This display will be here at the Town Hall lobby until Friday and then on to North
Fork Bank in Southold and then on to a branch of the Suffolk County National Bank. And also at the
beginning of the meeting, we have with us one of our Deputy Town Clerks, I would like to welcome
Linda Cooper here. Thank you for joining us and filling in when your services are needed. Betty
Neville is on a mission, so to speak, she is involved with a Committee that is reviewing grants of
May 6, 2003 5
Southold Town Board
Record Management Systems. And the reason Betty was selected to serve on this in Albany was
through her extensive work with records management and obtaining town grants to enhance records
management. And actually, John Romanelli was instrumental in getting some of our new systems
underway with Town Clerk Neville. So, welcome Linda. Thanks for stepping up to the plate here.
We have several reports, public notices and communications on file at the Town Clerks Office. And if
you wish to view any of those, they are available at the Town Clerks Office between 8:00 A.M. and
4:00 P.M., Monday through Friday. We have a special presentation here, if we could have Karen
McLoughlin come forward and lead us in the special presentation. As you all know, in May we
celebrate Older Americans Month. And Karen McLoughlin is the Director of the Human Resource
Center, where we host a number of senior citizens programs.
KAREN MCLOUGHLIN, DIRECTOR HUMAN RESOURCE CENTER: First of all I would like to
thank you, Josh and members of the Town Board and members of the community because I think
Southold Town is really in the forefront of providing wonderful programs for seniors. Right now our
program next year will be 30 years old and I think that we have had an excellent service over the years
and it just keeps getting better. We certainly couldn't do it without the support of our government
officials and the members of the community and the wonderful people that take advantage of the
programs that we offer.
SUPERVISOR HORTON: I will read the Proclamation.
SPECIAL PRESENTATION- OLDER AMERICANS MONTH
WHEREAS: the month of May has been designated as NATIONAL OLDER AMERICANS
MONTH in recognition of one of our nation's greatest resources, our Older Americans; and
WHEREAS: the Town of Southold celebrates its Senior Citizens for their special qualities
and values their contributions to the community, including the wisdom and strength they willingly
share with family and friends; and
WHEREAS: we also recognize the dedication of all caregivers who unselfishly assist our
older citizens, enabling them to remain at home and in the community; now, therefore, be it
RESOLVED: that the Town Board of the Town of Southold hereby reinforces its position to
improve the quality of life of all of our Senior Citizens through the Town's support of home and
community based services so that the Southold Seniors can remain active and independent; and be it
further
RESOLVED: that the Town Board of the Town of Southold proclaims May 2003 as "OLDER
AMERICANS MONTH" in the Town of Southold and urges all residents to express appreciation and
gratitude to the Older Americans in their lives.
DATED: May 6, 2003
ED SIEGMANN: You know, I recall when the building was for sale down there, when the Bank was
selling the building, there was quite a discussion on whether you should buy the building or not. And
finally, whoever came out on top where the ones that said that you should buy it. And it is one of the
best things, I think, that the Town Board has ever done, it is the best deal that you ever got. With all
you acquired there now, with Met Life leaving there and that. And you don't have a hands full of rent
receipts anymore, you now have something that belongs to the Town and the seniors thank you very
much for that. And I would also like to add something to my comments, I want to also thank you for
Karen. Because Karen is one of the most dedicated and compassionate people that I ever ran into as
far as older people are concerned. She is a young lady and she listens to our problems as if she were
one of us. We want to thank you also that you have her in your employment.
May 6, 2003 6
Southold Town Board
SUPERVISOR HORTON: Mr. Siegmann, the Town Board seconds your comments. Thank you.
There are two times over the course of the meeting that we off'er the floor to the public, the first is prior
to the reading and the voting on the resolutions that are on the printed agenda. You may address the
Town Board by utilizing one of the microphones at the front of the room. In doing so, we ask that you
please clearly state your name and place of residence, so that it may be entered into the Town record.
The second point over the course of the meeting will be after we mn through our resolutions, after we
have completed our voting on them, we will off'er the floor to the public to address the Board on Town
related business.
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the following Town bills be and hereby are ordered paid: General Fund Whole Town
bills in the amount of $387,157.96; General Fund Part Town bills in the amount of $4,151.24;
Community Development Fund bills in the amount of $5,475.00; Highway Fund Whole Town bills in
the amount of $13,869.33; Highway Fund Part Town bills in the amount of $11,350.42; Capital
Projects Account bills in the amount of $27,049.00; AG Land Development Rights bills in the amount
of $136.34; Landfill Cap & Closure bills in the amount of $1,138.88; Community Preservation Fund
(2% tax) bills in the amount of $1,950.00; New London Terminal Project bills in the amount of
$19,961.00; Compost Land Acquisition bills in the amount of $4,891.11; E-W Fire Protection District
bills in the amount of $158,305.50; Fishers Island Ferry District bills in the amount of $12,131.02;
Refuse & Garbage District bills in the amount of $40,226.05; Southold Wastewater District bills in the
amount of $424.66; Southold Agency & Trust bills in the amount of $4,107.70 and Fishers Island
Ferry District Agency & Trust bills in the amount of $114.46.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the minutes of the April 22, 2003 Town Board meeting be and hereby are ordered
approved.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the next regular meeting of the Southold Town Board shall be Tuesday, May 20,
2003 at 7:30 P.M. at the Southold Town Hall, Southold, New York.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
I. REPORTS 1. Board of Town Trustees March 2003
2. Island Group Administration Claim Lag Report through March 2003
3. Town Clerk Monthly Report April 2003
4. Southold Town's Program for the Disabled May through August Events 2003
May 6, 2003 7
Southold Town Board
II. PUBLIC NOTICES
None
III. COMMUNICATIONS
None
SUPERVISOR HORTON: That brings us to our resolutions. At this point, I will offer the floor to any
members of the public that would like to address the Town Board on resolutions on the printed agenda.
BARBARA TAYLOR: My name is Barbara Taylor, I live in Cutchogue, New York. I would like to
address the Board on #288. At the last Town Board meeting, you said that you would get back to the
Church Lane group with an answer as far as rezoning. I got a proposal here but the proposal came
through last night, it was received 10:00 at night and I didn't even get the proposal. Carol Peabody got
the proposal and she was able to bring the proposal to me today and I didn't receive it until 12:00 and I
was able to make copies for everybody. But what we were concerned about was the rezoning issue, it
just seems like this is going about it the wrong way. I was under the impression that three Board
members were on board as far as rezoning our property to Residential Office and it doesn't seem like
that is happening. And I would like to know from each one of you, what your vote is concerning the
rezoning.
SUPERVISOR HORTON: I will start because I am the person, that is the proposal that I brought
forward some months back in an effort to stimulate more conversation and movement on this issue that
surrounds Church Lane and the conflicts...
MRS. TAYLOR: Right because we only got this today and ....
SUPERVISOR HORTON: Right, as well, I got it, well actually and to the, I will take accountability
for that proposal. As I said, it is an amended version of something that I offered some time ago. And
the Board, we discussed that and the Board actually looked at this, that proposal, and said this may not
necessarily get us to where we want to go. And the Board is committed to establishing the proper
planning foundation and the legal foundation to achieve restoring residential integrity to the property
surrounding Church Lane. That is a direction that we are moving today. So that proposal is actually
going to be one piece of a number of bits of information that will be looked at. And I think the
Board's feeling on that was, that is one proposal, there is the substantial proposal of residential office
zoning, there is just the option to rezone to another residential zoning. And the Board is, in order to
take any action, the Board is advised to establish, as we said before, proper planning foundation and
legal foundation to execute a change of zone.
MRS. TAYLOR: Why wasn't this on the work session this morning so that the community...
JUSTICE EVANS: We just received that this morning. What you have. The Town Board did.
SUPERVISOR HORTON: That didn't get on, we had intended to discuss the Church Lane again this
morning and it is my fault that it didn't get on the agenda. But the Board had committed since the last
May 6, 2003 8
Southold Town Board
meeting to discuss Church Lane issues at the next Town Board work session and I apologize that that
is not inferred on the agenda. You are correct.
MRS. TAYLOR: And why didn't, so, the first question that I had, you said that you were going to get
back to us with an answer and I am asking right now, what your vote is concerning the rezoning of the
Church Lane properly?
COUNCILMAN WICKHAM: May I address that? We have a resolution on this afternoon #290, at
which the Board will vote on a measure that I think will be directed towards where you want to go with
this.
MRS. TAYLOR: Because I am looking at the proposal and what not and the proposal seems to deal
with the commercial owners and not the, the commercial owners of properly there first and not the
landowners that have been there; enduring for all of this time period.
COUNCILMAN WICKHAM: The intent is to build, as the Supervisor said, a comprehensive plan for
a strong residential community in that area. That is what the intent of this resolution will be.
MRS. TAYLOR: And how were they planning on going about that?
COUNCILMAN WICKHAM: A careful, thorough preparation of a plan. That will justify, as the
Supervisor said, to build a proper planning foundation for it.
MRS. TAYLOR: It does seem like it is going in a very, very slow manner. You know, we have been
dealing with this since August and every time we come, we come, we have these plans, these
resolutions and nothing seems to be getting done. I don't think it takes the Town that long to actually
come to some type of conclusion as to what they are going to do. Is this a political issue or what is
this? You know, we actually, we have lived in this situation for quite a long time. We would like for
some zoning, we would like for some action to be taken. And I don't think it takes the Town of
Southold that long. I have been to several meetings, I have seen where down of Ships Lane-off of
Ships Lane-where the residents came where the residents came and they complained about a housing
development going up, with 45 acres of property and what not and they had a big turnout, a big support
and at that meeting, they voted afterwards and I think it was Zoumas, they turned him down for his
proposal. What is taking so long for the Town to act on this piece of properly? It is beyond my
comprehension, and you are all smart people on the Board. Thank you.
SUPERVISOR HORTON: Mrs. Taylor, I will just respond briefly to that. Yes, this is taking a long
time and the Town wants to make sure the zone change to take place sticks. That it is something that
will hold up, something that will, and in order to do that, for any zone change that the Town has to
make, has to have an established foundation that is brought through legal counsel and through planning
professionals and that is the direction that this Town Board is taking and actually that is what this
resolution is about. So it is moving in the direction, what I see and I, too, feel that this is taking an
awful long time, a tremendous amount of time. But it has taken that amount of time for the Board to
come to consensus that this needs to be addressed and needs to be addressed properly. Therefore, this
is the consensus that the Board came to, as I said to hire the proper people to develop the foundation
necessary to institute a change of zone.
May 6, 2003 9
Southold Town Board
KATHY TOLL: Kathy Toll, Greenport. You made a woops by not putting it on the agenda that is
printed on line that is the source for people in this community to participate in their government yet, by
your own words, you just said two weeks ago, you had agreed with your own Board that it was going
to be on discussion, on a work session today. What you have done has effectively prevented people
from participating in and becoming aware of the operations of this government in this Town. That
doesn't pass with just an "I'm sorry". On top of that, without notifying these people, you are
proposing a moratorium here and you haven't even told them about it nor have you even bothered to
print how long this moratorium is going to be or what your intent is with it. Now, the whole problem
began because this Town did not communicate with these residents in 1989. Can you get it yet? There
is no god- damned communication with the people that are involved in this issue and in many other
issues. The last meeting, we had several people here to listen to the discussion in the work session.
And that is because it was on the printed agenda. It was wonderfully enlightening. Brought about a lot
of discussion among the community and their supporters. One of the things was that this very difficult
project that you are talking about needing these studies, was agreed that could certainly be done within
two weeks. And that is what was said at that work session. We discussed it. Several people who sat
there and listened. We could have a planning document on board in two weeks, we have studies to
draw and we have information, we can get it done in two weeks. And that is what was said at that
meeting. Give us a timetable. How long a moratorium? How long a study? How long to bond to pay
off these three people who want to invade these people's homes? How long to get some of this stuff
done? When you wanted to hide the stuff from the passersby, you got trees up real quick. It is still not
hiding your landfill from some of the residents but you got that other stuff up real quick. How long is
it going to take for you to address these residents problem in a thorough, comprehensive and
compassionate manner? Give them an idea, people. Any answers? We have got a timetable, have you
got something in mind? Did you talk about it? Does the moratorium have a sunset on it? Anything?
COUNCILMAN WICKHAM: I don't wish to take issue with what you have to say, I will simply say
that when we met two weeks ago, we said that we would try to prepare a resolution to be undertaken
today. To be taken up by the Town Board today. We have that resolution. On the agenda that you
have there ....
MS. TOLL: The moratorium resolution, you mean?
COUNCILMAN WICKHAM: Yes. On the agenda that you have there in your hands, there is just a
very brief reference to that resolution that does not have all the details in it. I have a copy of the
resolution, and when we get to it in our program, we will read out all of the salient points. And it does
include the answers to the questions that you are asking.
MS. TOLL: How do we intelligently ask questions during this segment, where we are entitled to ask
questions about items, Tom? How do we do that when you are not telling us the most basic thing
here?
COUNCILMAN WICKHAM: We can give you copies of this. But it has been the practice of the
Town Board for many years to provide the agendas with the excerpts. The summary of the items and
if people have questions, they can ask us and you are entitled to responses, you are entitled to answers
to your questions.
May 6, 2003 10
Southold Town Board
MS. TOLL: I am asking this respectfully, I am not challenging you, Tom. I want to know if you
believe that one of the basics, one of the very simple things, is the duration of the moratorium?
Because that is printed in every other moratorium announcement.
COUNCILMAN WICKHAM: And I would like to respond to that.
MS. TOLL: Thank you.
COUNCILMAN WICKHAM: And I will just quote from the item here. The enactment of a
temporary moratorium: until four months from the effective date of this local law, after which it shall
lapse and be without further force. So it is simply four months. And that date was chosen, in part, to
correspond with the comprehensive planning initiative that is currently underway. It may not take that
long, maybe we can do it faster.
SUPERVISOR HORTON: I believe we can, I believe that we can.
MS. TOLL: Now, when, I want to go back two weeks again because two weeks ago there was only
person who expressed any support whatsoever for the moratorium concept and that was you. At that
work session, no body supported it. How did this get done, outside of the eyes and ears of the public
and more importantly, the people involved? And that is the big question that started 15 years ago.
COUNCILMAN WICKHAM: May I, with all due respect. I would like to address the second part of
your question. Bill Moore and I did meet with the people in the community a day or two before we
presented this to the Town Board. It was an evening meeting, as I recall.
MS. TOLL: I am aware of that.
COUNCILMAN WICKHAM: But I was as clear as I could be about the need for a moratorium. In
fact, my proposal was for a six month moratorium .....
MS. TOLL: Correct.
COUNCILMAN WICKHAM: .... but when they clearly had a problem with that, we have brought it
back to four. We think that four is reasonable and as the Supervisor said, it may even be less than that.
So ....
MS. TOLL: That was something that was, that was said by a member, supported by a member right up
until two weeks ago. What I am talking is a very big issue right here and now, this was, you know, this
is like the town dump plan that is just a concept but somehow it got ....
COUNCILMAn ROMAnELLI: I have to respond because you are up there attacking us, let's get
something straight...
MS. TOLL: I am not attacking, I am not attacking, John. I am asking legitimate communications
questions.
May 6, 2003 11
Southold Town Board
COUNCILMAN ROMANELLI: You are asking us that we don't get it. Let me explain something to
you, those are exactly your words. What don't you get? Here it is...
MS. TOLL: Those weren't exactly my words, but close.
COUNCILMAN ROMANELLI: This Town Board spent, Tom was on the phone with me talking
about a moratorium, to get a hold of issues. Bill Moore has talked to me. We sat around here today,
putting a lot of effort into how to come up with some sort of solution to this problem because we are
not happy with the constant press coverage, this kind of reaction, it is going to make everyone
uncomfortable. People who, including me, who are on the one side a while back, now through
discussions with this Town Board; are coming around .....
MS. TOLL: Yes.
COUNCILMAN ROMANELLI: .... and trying to come up with a solution. I met with Josh and a land-
owner to find, for a potential opportunity for a land swap. There are all sorts of talk going on but we
are trying to get to the bottom of this. And come up with a solution that makes everybody happy.
Now, can we snap our fingers and make it happen and make you happy in two weeks? No. Okay.
That is not going to happen. If we want to do something properly and make it stand up in court
somewhere down the road, it is going to have to happen through a comprehensive study with planners,
to show that there is a real reason to rezone this piece of property, the same way that it was zoned 15
years ago to light industrial. They did it through a comprehensive plan so that it would hold up in
court in case it was challenged and we are going through all these motions now to get the right people.
We had a debate today on who we should hire to do it, do we want to use Chick Voorhis-he does a lot
of work for the Town. We had the discussion maybe we should go out to someone with a fresher look
COUNCILMAN WICKHAM: Or even should we do it?
COUNCILMAN ROMANELLI: ... or even should we do it? I mean, we are finally at the point where
you have got more than one member stating that we should look deeper into this and now, as we put a
moratorium together to protect the people there so that nothing happens while we work on this and
discuss this, okay, it is put in there for their protection; was it not on the agenda? How that happened, I
don't know, but it wasn't put on there to hurt them, it was put on there to protect them. That was why
the moratorium was created. The issue of us going out and looking for a planner and an attorney to
work on this while we are in a moratorium was done in all the best intents, to come up with a solution
to this problem. Not to continue arguing and having a debate on what is right and who is wrong, we
are finally come to a whole as trying to come up with an answer. Now, we are halfway there because
now we have more than one guy fighting for it. So now, let us go through the motions to protect the
community, so we can go forward. That is why the moratorium was put in place. And I have to tell
you that there was a lot of debate on whether we should have a moratorium and it has got enough of a
weight now to get on the agenda and to get a vote for it.
MS. TOLL: John, couple of issues. Number one, I applauded this Board for coming around to the
point where they did, where two weeks ago I heard that four members supporting a rezoning to RO and
May 6, 2003 12
Southold Town Board
I stated it publicly then. So don't, please, don't turn around and call me an attacker because I am
asking what I think are legitimate questions. I am not calling you names or anything. John, I am
asking questions about the process and I am explaining to you a perspective on the process that this is
going on for the benefit of people but without their knowledge. That is a problem in communications
and we have to start addressing this somewhere during this, otherwise you end up in the same mess.
SUPERVISOR HORTON: Right. And the agenda item belongs to me and me only.
MS. TOLL: To say that this was explained or discussed with the community is not right. It was an
idea of Tom's discussed once with the community and dismissed lwo weeks ago. I can say dismissed.
I heard Justice Evans dismiss it.
SUPERVISOR HORTON: Right.
MS. TOLL: Other people that were there, Craig you were there lwo weeks ago. Bill wasn't there
during that earlier discussion. John, I believe that you were opposed also to the moratorium.
COUNCILMAn ROMAnELLI: I wasn't there.
MS. TOLL: Oh, that's right. You weren't there. That is why I said that I believed you were. But I do
remember the other people stating that they were opposed to the moratorium and them boom-we got a
moratorium and nobody knew about it until they walked in and picked this up. And we don't
understand the justification, we didn't even know how long. But every other moratorium had a
duration printed here for us. That is not an attack, John. That is asking for help.
COUNCILMAn ROMAnELLI: When you stand up there and ask us "What don't we get?" I
question myself, all these are positive steps on coming up with a solution and I sit here and say to
myself 'what don't they get?' because I have the same question. I mean, this is stuff that we are trying
to put a brake on things. This moratorium wasn't to hurt anybody. This was pushed by Tom very
heavily to put a brake on it. To say let's get a grip on this and figure out a solution before an issue that
is in front of the Zoning Board gets cleared and then we are stuck. So this was done with good
intentions.
MS. TOLL: You know what? I absolutely believe you, John. But if they put a moratorium on all my
property, as you know there is some threat of development around my residential area. If they put a
moratorium on all building and I had plans on putting a second floor on my home, I would be affected
and I wouldn't have had any knowledge. And perhaps, again, we are talking communication. You
have a long term plan, there is no communication.
COUNCILMAn ROMAnELLI: We don't have a plan yet.
MS. TOLL: I think that you have concepts, you are putting out concepts for some things and not for
others. I don't think that you are operating just blindly and going ahead with the moratorium without
some concept of direction.
May 6, 2003 13
Southold Town Board
SUPERVISOR HORTON: Actually, every proposal and idea that has been brought forward has been
the subject of large debate. You know, anything that was put on the table today or two weeks ago or
three months ago or eight months ago, has been pulled apart and dissected in several different
directions so there is my belief in this Board is again, the Board is seeking the professional and legal
advice to make a decision that will stick.
TOWN ATTORNEY YAKABOSKI: Ms. Toll, I am not sure if this is a point of any interest or not. I
am not sure. But tonight there is no enactment of a moratorium. What happens tonight is that it is sent
to public hearing and the reason that you have that process set up is so that people can get a hold of the
copy of the local law and that people can have that public debate. I just wasn't sure if that was a point
of misunderstanding or not.
MS. TOLL: No, because there is another moratorium proposal that I understand is 180 days in
duration because it is printed here...
TOWN ATTORNEY YAKABOSKI: No, there are actually a couple of things. The one that you are
referring to is there is an existing moratorium on subdivisions and multi-family homes in town...
MS. TOLL: What I am saying is, they are putting the duration in here. They are putting some salient
details in here. That is my issue. That is one of my issues.
COUNCILMAN WICKHAM: But this one is four months.
MS. TOLL: Okay. Now, let me ask this. Since you are putting this moratorium in. Does this prevent
the Town from doing what they had planned on doing for the community? That they had already...
TOWN ATTORNEY YAKABOSKI: No, there is an exemption in here. The Town Clerk and I
worked on this late this afternoon. One of the, it covers two zoning district designations, the LI and
LIO and each of those, there is a particular section called an A-2, it doesn't really matter. Which
covers town activities and park districts and things like that. That is not covered by the moratorium.
And specifically, that was to make sure that there was no confusion over the work going on at the
capping of the landfill and the projects, as you were pointing out, things that were going on in that
area.
MS. TOLL: Okay. I have a question on the same subject. It has been much reported in the papers that
$110,000 is being spent on the tree barrier and the buff'er barrier. And that also has to do with this
whole issue. I would like to know, does that include the trees and the berms that do not protect the
community from the landfill but the ones that protect the road from the landfill and is that coming out
of the existing budget? Is that just for purchase of this? Because I believe that I was here at a work
session were a Pete Harris said that he had staff to do the planting. Does that sound familiar? Or is it
being shopped out for $110,0007
COUNCILMAN ROMANELLI: I think that any of the screening, any of the bushes or trees are
coming out of the capping/composting bond for the overall landfill closure. Any of the other work .....
MS. TOLL: The past bond or the future?
May 6, 2003 14
Southold Town Board
COUNCILMAN ROMANELLI: The one that we are in. We are still in it, we haven't closed it out
because the construction is still going on. Screening was always a part of the phase of the
construction. I think that we added a little bit more, yet there is still money for the screening. Some of
the other work, we talked about drainage. I am not quite sure where that money is coming from. I
don't think that is coming from the capping bond.
COUNCILMAN WICKHAM: Community development.
MS. TOLL: Okay, is the $110,000 that...and I am guessing that the source is the Town. A
spokesperson from the Town. I don't know, it is just what is in the paper. Is that $110,000 that is
being spoken of as if it is for the community, is that also including the barriers that are not for the
community.
COUNCILMAN WICKHAM: Yes. It is $110,000. The bulk of it will be tree materials. Actually
purchased trees, with roots and all. That will be put in around the border, not only of the Church Lane
community but somewhat along Route 48 where the sump is.
MS. TOLL: Is there a reason that one got done first? It seems to me that the other parts are not done
as yet but the one along Route 48 looks as if it is done.
COUNCILMAN WICKHAM: It is started.
SUPERVISOR HORTON: It started being delivered this week. And I think there are 612 or 621 trees.
MS. TOLL: I would like to ask that whoever is the liaison, whoever is responsible, get themselves
over there to direct people to take care of the community before they take care of us who just drive by
and just have to look at it for a fleeting second.
COUNCILMAN WICKHAM: That is the intent and that is how it will turn out, when it is done.
MS. TOLL: But it is done for us, the drivers by, already, I think. There is a tremendous amount of
planting. What I am asking is that somebody get over there and tell the people in charge of the project
to protect the residents first, the people first, the landowners over there. First. Stop whatever they are
doing, for berms and barriers and address that other issue first.
SUPERVISOR HORTON: Will do. Mr. Carlin.
FRANK CARLIN: Do you want me to come up or do you want to have your public hearing that is
scheduled for 5:00? Because I don't want to interrupt or anything.
SUPERVISOR HORTON: Well, it is 5:15. Well, do you have an issue that you would like to address
on one of the resolutions?
MR. CARLIN: Yeah.
May 6, 2003 15
Southold Town Board
SUPERVISOR HORTON: Okay.
MR. CARLIN: I don't like to be interrupted when I get on a roll. Before I start, I, too, would like to
say that Karen McLaughlin, who runs the Nutrition Center does a terrific job over there for the senior
citizens. I want the Board to know that, too. I had experience with her several times. She is right
there, when you call her up; if she is not there, she will call you right back. I called her one time for a
senior citizen to get a handicapped permit. Took care of it right away, very efficient lady. The Board
should be proud to have such an employee in the Town of Southold. You know, I lived in this town
for 50 years and what I see go on in this Town Board, I was....I stood before about eight Supervisors
and what I see go on in this Town, I could write a book on. On the Town Hall and the Town, believe
me. I wrote over 80 letters in my career and I am not finished yet, letters to the editors. Not alone
local, but all the way down to the Governor, the Senators, I even wrote one to President Clinton. So I
know a little bit of what I am talking about. The moratorium, in my opinion, is just time just to stall
for time. That is all it is. It is a joke. Problems are solved by reaching a solution, not guess work.
You know, I want to give you an example of something here, I want to drift away a little bit but it is
going to connect to what I am trying to say. Back in 1986, I remember the Town Board, Paul
Stoutenburgh; Frank Murphy; my friend from Fishers Island, Ray Edwards; Joe Townsend and Jean
Cochran. There was a resolution came up, no, it was a public hearing held that a retired Eastern
Airlines pilot wanted to build an airport over by Route 48. People didn't want it there, too much noise,
too much land taken up. Just to benefit a group of retired pilots. The Town Hall was loaded; all the
way out the door. I was there that night. We all spoke against it. We left. A week later, the Town
Board dropped it. It wasn't no, we got to have a moratorium, we got to make, appoint committees, we
got to study this thing. They used logic and they dropped it. One more, 1987. As a resolution one
night for Assembly law. What the Assembly law, a lot of people just moved out here from the city,
really don't know what I am talking about, but I am going along back in history. Assembly law was
that they were trying to restrict you to have 50 people at a cook-out or a graduation in your backyard or
whatever. I came to the Town Board and I said one thing to them. I said, "Look, if you are going to
have this law pass, you must be fair about it. You must include fire departments, churches,
organizations or you are being biased." Not just the residents. So they dropped it. It wasn't-we will
look into it and we will do this and we will do that and a year go by and nothing done. Which reminds
me of the Animal Shelter 17 years ago, reminds me of Church Lane and back to Mr. Bunchuk again, I
stood here a month ago and told you to close that whole place down. I rode by there the other day and
that compost plant and I looked down there and that is a stink pile. It must be really ripe today after it
rains, with the odor. He wants, and then he wants the Town Board to spend $2.5 million for his Taj
Mahal that he wants to devise there. Then he wants to come along and tells you he needs to plant trees
for $110,000. Close the whole thing down and you would solve a lot of problems for these people
over there and we don't need it. Go to recycling like Riverhead has. I keep telling you that. Look at
the money you could save on the budget. Awful. Resolution 279, this is one of my going to talk about
how to reduce the budget. I got a lot of items, someday I am going to come in here and tell you how to
reduce your budget in Town. What do we need a Deputy Comptroller for? What do need a Deputy
Comptroller for? For 20,000 people in the Town. Eight hours isn't enough, he can't handle this? We
need to hire and spend more money? We got to learn how to save on money. Times are hard
nowadays. Especially for senior citizens. A lot of senior citizens don't even know where they are
going to get the money to buy the next prescription drug or go to a doctor. We got to learn how to start
saving money. What do we need one for? Can anybody tell me?
May 6, 2003 16
Southold Town Board
COUNCILMAN WICKHAM: To help save money.
MR. CARLIN: Help save money? You are going to be paying them a salary, right?
COUNCILMAN WICKHAM: She is a Deputy Comptroller.
MR. CARLIN: So what? You still are going to pay her more money, ain't you?
COUNCILMAN WICKHAM: She is going to control the budget of the Town.
MR. CARLIN: Well, what does the Comptroller do?
COUNCILMAN ROMANELLI: Mr. Carlin, I have been pushing for a Deputy Town Comptroller for
a couple of years. We have one Comptroller in this Town who is in charge of all your purchase orders,
all of your payroll ....
MR. CARLIN: Oh, big deal.
COUNCILMAN ROMANELLI: Oh, yeah? Well, when he doesn't show up or something happens to
him and we don't get paid or the purchase orders don't get paid or no one knows how to budget works
for the AS-400 system. We are a large business, if this was a corporation, this one guy would probably
have four people behind him. So, let's don't, this is a spot where it is actually a benefit for the Town by
adding someone. Getting better control, getting a better back up for the operation of government. You
know, it is a spot to cut away from is ridiculous.
MR. CARLIN: John, we got along here without a Deputy Comptroller, just like we don't need a Code
Enforcement Officer, I will get to that some other time.
COUNCILMAN ROMANELLI: I know. I agree with you there.
MR. CARLIN: I will get to that some other time. If you want me to, I will do it tonight.
SUPERVISOR HORTON: Do you have other resolutions that you would like to address, Mr. Carlin?
MR. CARLIN: Yeah, I have two more and I will get to that later on. #282, what kind of State grant?
What are you looking for? What kind of money for that landfill, here we go back to that Taj Mahal.
SUPERVISOR HORTON: This is what we do on a yearly basis to get reimbursed for half of the
operation.
MR. CARLIN: To get reimbursed. To get some money back out of it, anyway.
SUPERVISOR HORTON: Working towards it.
May 6, 2003 17
Southold Town Board
MR. CARLIN: #284, what kind of money do you want there? What are you taking out of the budget,
miscellaneous supplies? What kind of supplies do you need, what you need over there? More trees or
what?
SUPERVISOR HORTON: Welding supplies, office supplies and the maintenance on a Ford tractor.
MR. CARLIN: Oh, and that is another piece of equipment. I just sat here a month ago and I read you
off what stuff he had been buying there, shredders and grinders and this and that and trailers and this,
all that money being spent out of the tax payers money. We could be saving it. I keep telling you and
telling you. What was that place now, when are the people going to realize that we don't need that?
We are living in 2003, the 21st century...
SUPERVISOR HORTON: Mr. Carlin, do you have another resolution that you would like to address?
MR. CARLIN: Well, the #288 combines the one that was just spoken on about the people at the
landfill down there, so I won't go into that one. I said what I wanted to say about that one. I just want
to give an example of how the Board, I remember Boards used to work. They would get things done.
Not this, just talk about it. Tom Wickham was always great for moratoriums, another thing you was
always great for, Tom...
SUPERVISOR HORTON: Mr. Carlin.
MR. CARLIN: ... was appointing committees.
SUPERVISOR HORTON: Thank you. Actually, we will move towards our public hearing that was
scheduled for....well, Mrs. Levine?
MERLE LEVINE: I am Merle Levine, from East Marion. And I do appreciate that you have found all
of us onerous and a nuisance to come every time that we have come. But I do want to say to you,
speaking for the Anti-Bias Task Force, we took you at your word-two weeks ago, when we left here
with the understanding, we thought, that you supported the zone change for the residents of Church
Lane. And now we are not hearing that and I feel personally responsible because we would have had
people come here to address this issue had we known that it was going to be a very different issue on
your agenda. So we feel like we have not been dealt with forthrightly and I feel personally very badly.
There are not a whole lot of people who have the money and were with all to come and fight and so,
we are very proud that that the people of Church Lane have organized themselves into a real
community, into a real organization with their own officers. As Barbara Taylor spoke, she was
speaking as the Chairperson of that community. And so, I want to say for the Anti-Bias Task Force,
however depressing it is for you; it is heartbreaking for them and for those of us on the Anti-Bias Task
Force who hoped that we will have moved this community towards a place where concern for all
people and people of color would be a paramount concern.
SUPERVISOR HORTON: Ms. Levine, thank you. I think you have been actually very effective in
moving the Board, at least bringing issues to light that are important for the Board to understand and
moving in a different direction then it was three months ago, six months ago. So I think you have been
very effective in that regard. Mrs. Taylor.
May 6, 2003 18
Southold Town Board
BARBARA TAYLOR: This is on proposal 289. A few months ago, we were here and my daughter
Tracy Taylor had spoke and she had said that we had legal representation and I was wondering if Mr.
Yakaboski had ever gotten in touch with our...
TOWN ATTORNEY YAKABOSKI: Is this Mr. Joel Kupferman?
MRS. TAYLOR: Yes.
TOWN ATTORNEY YAKABOSKI: Yes, I have tried both to call the individual, I have left two
messages. Actually, I called once and left a message that was not returned. I called again and there
was no machine and I replied by e-mail to an e-mail that I received and I received no reply.
MRS. TAYLOR: Okay. I do have another number that I can give you tonight.
TOWN ATTORNEY YAKABOSKI: That would be good. If you don't mind, maybe call my office
tomorrow, that would be terrific.
MRS. TAYLOR: No, I would like to leave that with you tonight.
TOWN ATTORNEY YAKABOSKI: Oh, that is terrific.
MRS. TAYLOR: Okay. And this meeting that is going to be set for 5:00, June 23, 2003, is that going
to be on your agenda? I mean, is that really going to be a meeting because if so, I would like to have
my laxx~er here to speak.
SUPERVISOR HORTON: That will be a public hearing and a Town Board meeting. If this resolution
passes.
MRS. TAYLOR: So that is going to be on the agenda? That is going to be a meeting there?
SUPERVISOR HORTON: If this resolution passes, it will be on, it will be at a public Town Board
meeting.
MRS. TAYLOR: Alright. Because then we will have our legal representative speak to you. Thank
you.
SUPERVISOR HORTON: Thank you, Mrs. Taylor. Mr. Wagner.
DON WAGNER: I am Don Wagner, Route 48, Southold. Regarding #274. Are we going to spend
that kind of money for SEEDS?
SUPERVISOR HORTON: That is the contribution that each Town involved in that project is to make.
Riverhead, Southampton.
May 6, 2003 19
Southold Town Board
MR. WAGNER: My concern is that you have heard complaints about delays. I would like to
complain about the SEEDS people here and including the Department of Transportation of the State of
New York, their Regional Director. And I just want to read two sentences here, "SEEDS has a
companion study named the Long Island Sound Waterfront Transportation Plan, is looking at the
market feasibility of a new or expanded ferry service on Long Island Sound. The plan also sponsored
by the Metropolitan Transportation Committee (in the early stages of its development). They have
been at this for over a year now. We need help, within a month and a half we are going to have the
summer season here and we no what the traffic is now with the ferry service and it is going to be three
times as bad and I think it behooves, after I spoke with Senator LaValle's office yesterday and they
seem to feel that each Town has not really put enough pressure on them and our beloved
representatives in Albany. And I would urge each and every one of you to write a very strong letter
and if you don't have the time, at least spend two minutes and get on the phone with LaValle's office
and tell them that we are going to have big problems here. We have made some progress, we have
Route 48 is being paved today, or will be finished by tomorrow. Which is a blessing, however, that
road is not going to last because of all the heavy traffic in the summertime here. As well as the Main
Road, Route 25 and any family that has young children who are on the roads, this is going to be a
disaster. So please, contact our beloved friends in Albany and tell them that we have got to have help.
Thank you.
JOAN EGAN: My name is Joan Egan from East Marion. And I have been here for almost 50 years, I
even have a daughter who was conceived out here in Orient. Now, they have already mn through the
#288 so, is #289 and #290 redundant? Doesn't make any sense to me. Set 5:00 P.M. June 3 for
hearing. And then we are going to have a hearing tonight at 5:00 pretty much for the same thing. I
mean ....
COUNCILMAN ROMANELLI: Two different items.
MRS. EGAN: ... does anybody review those things?
COUNCILMAN ROMANELLI: Yeah, those are two different items.
MRS. EGAN: I am speaking to Mr. Horton.
COUNCILMAN ROMANELLI: Oh, I am sorry.
MRS. EGAN: When it is your turn, you will get it.
COUNCILMAN ROMANELLI: Alright.
SUPERVISOR HORTON: Your question again, Mrs. Egan?
MRS. EGAN: I don't understand. You have #288 and then you have #289 and then you have #290
and I don't understand why you are talking about a meeting at 5:00 on the third when you have this
meeting tonight on the, today. I don't understand this. It is ridiculous. I don't think any of you ever
really read these things before you hand them out. Now, okay, so you have made a mistake again.
Now, getting back to #279, Connie. Is that a girl or a boy?
May 6, 2003 20
Southold Town Board
SUPERVISOR HORTON: A female.
MRS. EGAN: It is a female. Then it should have been addressed Miss, not Ms., Miss. What are her
qualifications? What are her qualifications? Can any of you answer that? Or do we hire people
because of where they live or how they look?
SUPERVISOR HORTON: She is trained in accounting.
MRS. EGAN: Pardon?
SUPERVISOR HORTON: She is trained in accounting.
MRS. EGAN: She is a college graduate?
SUPERVISOR HORTON: I believe she is.
MRS. EGAN: You believe she is. How did she make application for this job?
SUPERVISOR HORTON: Mrs. Egan.
MRS. EGAN: This is very important, Mr. Horton.
SUPERVISOR HORTON: I am trying to answer your question.
MRS. EGAN: Pardon?
SUPERVISOR HORTON: The answer to your question is yes.
MRS. EGAN: She is a college graduate?
SUPERVISOR HORTON: Yes.
MRS. EGAN: Does she have a CPA?
SUPERVISOR HORTON: I would imagine if she is a college graduate that she has a CPA.
MRS. EGAN: Do you know that?
SUPERVISOR HORTON: No, I don't know her CPA.
MRS. EGAN: I see. Then how is she, who hired her?
SUPERVISOR HORTON: She hasn't been hired yet.
May 6, 2003 21
Southold Town Board
MRS. EGAN: She hasn't been hired yet. Well, then I wouldn't vote on it any of you, until I knew her
qualifications.
SUPERVISOR HORTON: Thank you, Mrs. Egan.
MRS. EGAN: Now, what is this #277. These things are going on and on. I will tell you what I think
your problem is. I think you are all doing too much politicking for the next election instead of taking
care of this. You are in business for 16 months and you know what you have accomplished, as a
whole? Noth...
SUPERVISOR HORTON: Thank you, Mrs. Egan.
MRS. EGAN: No, I am not finished.
SUPERVISOR HORTON: Mrs. Egan, you are about to be finished.
MRS. EGAN: Pardon?
SUPERVISOR HORTON: Are you complete with the resolutions?
MRS. EGAN: No.
SUPERVISOR HORTON: What resolution would you like to address?
MRS. EGAN: Again on #282.
SUPERVISOR HORTON: We addressed that.
MRS. EGAN: It has been reviewed by this over here, again, a waste of money. You are not doing the
right thing. The important issues are not being done.
SUPERVISOR HORTON: Thank you.
MRS. EGAN: You will hear from me after the resolutions. Be very careful how you vote. Very
careful.
JERINA FISHER: Supervisor Horton, Councilmen, Town Board, ladies and gentlemen, I come from
Mattituck and I represent the church and all the other churches in our town. I find a lot of things
wrong in our town, which is my town of Mattituck, which means family values, which you are not
seeing. Planes are coming from the airports that are not supposed to be flying over suburban areas,
over 12:00 midnight and people are throwing empty beer bottles, soda bottles, soda cans, empty plastic
bags and cartons into wooded areas lots. And we live around high voltage areas, which we have small
children riding bikes, parents pushing kids in strollers, dogs running on the roads, which means that
that could be a danger to those children. And private homeowners are not allowed to mow their front
yards after 7:00 A.M. in the morning because there are people that are trying to sleep or babies that
don't sleep at night because they have to sleep during the day. And there are kids riding up on the
May 6, 2003 22
Southold Town Board
vacant lot on Route 24, on Youngs Avenue on their dirt bikes, ripping up the grass and the plants
between 4:00 P.M. and 6:45 P.M. And they are not allowed to be up there. And there are potholes in
the church parking lot between the Mattituck Presbyterian Church and the Methodist Church. People
are driving on them, they are getting into accidents or getting flat tires. And street lamps from
Westphalia to Youngs Avenue are not bright enough for people to walk up there or to drive up and
down those big steep hills. And there are cracks in sidewalks and there are big pine bushes blocking
the sidewalks, so anybody having problems, or taking walks or jogging on those sidewalks. And there
are also false alarms going off in village stores after 9:00 to 11:00 P.M. while people that are asleep.
Which means that men that are firemen have to get out of bed, go down there, find out what is going
on, they find out it is a false alarm, then they are being sent home. Please be our back up support for
farmers and factory workers, teachers that lose their jobs. Stop hiring prices in our grocery stores so
that we can afford to shop in those local stores. And please, can we please afford the prices that we
were asked to buy these things. So what if you don't have big competitions for other stores, does that
mean that you have to jack up our prices because the other stores don't do so well. But what about
senior citizens? How are they supposed to shop if they cannot get out to the stores? And how are they
supposed to afford the prices, if you keep jacking them up? And Cablevision is taking away all of our
shows that we practically grew up with. And we have small children that love the shows that we
watched. But they are being taken away because Cablevision is having a problem, it seems to me that
the Town Board is hiding behind them. And there is a sign on my street that says 100 acres of land
was taken and sold by Southold Town Hall for construction, now how do you explain that? And the
Street Fair and at the Strawberry Festival there are booths trying to bring in big golfing country clubs
out here, aren't there enough of them? And I tried calling you guys for help for single living, share
living apartment housing. It seems to be that people are giving us the runaround for people like me,
saying that they are only for people over 50 or for illegal immigrants or for summer rentals or for
people that have mental or physical problems but they will not give them to people like me because
they feel that they are fire problems or because there is too many people living in one house or because
there is going to be brothels or problems. That is not true. But people will not talk to people like me.
Job coaches, social workers will not talk to people like us because we are not handicapped. That is not
right.
SUPERVISOR HORTON: Ma'am, I would be happy, actually, to sit and talk with you if you would
like to come to my office. I would be more than happy to make the time and you and I can sit one on
one and discuss some of the points that you have brought up.
MS. FISHER: And half of us have been here for 50 years, since 1972. And since 1979, we were the
pioneers, we were here first, this is our home and we love it. And there are land developers that come
down here to take pictures, take surveys, call our homes, ask us for donations and we just don't want to
get involved. So, please help us to keep our Town to what it is, please help us our Town to become
what it really is, the Town of family matters and also of family support. Please help us, save us,
protect us.
SUPERVISOR HORTON: Thank you. Could we have your name and place of residence for our
record?
MS. FISHER: Jerina Fisher from Mattituck. And I am also an assistant helper to the lady that is
sitting over here, over at our church.
May 6, 2003 23
Southold Town Board
SUPERVISOR HORTON: Thank you, thank you very much. We will move forward with our public
hearing that was scheduled for 5:00.
Meeting was recessed for the purpose of holding a public hearing on the waiver application from the
provisions of "A Local Law in Relation to One Hundred Eighty Day Extension of the Temporary
Moratorium on the Processing~ Review of~ and making Decisions on the Applications for Major
Subdivisions~ Minor Subdivision~ and Special Use Permits and Site Plans Containing Dwelling
Unit(s) in the Town of Southold" for the minor subdivision of Diane Alec Smith~ SCTM #1000-
109-01-07.
Meeting was reconvened at
SUPERVISOR HORTON: We will move ahead with our printed agenda on the resolutions, starting
with #273.
#273
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town
Clerk Elizabeth Neville to advertise for bids for the following road surface treatments for the year
2003 for the Superintendent of Highways:
1. Oil and Sand
2. Oil and Stone
3. Liquid Asphalt
4. Sand Mix (type 5 Shim)
5. Type6 Top
6. RC-250 Liquid Asphalt Oil & Recycled Stone
7. Type II Micro-Surfacing
8. Nova Chip Ultra-thin Surfacing Course
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#274
Moved by Councilman Romanelli, seconded by Councilman Wickham,
WHEREAS the Town of East Hampton has been designated the SEEDS administering town for the
year 2003 by the East End Supervisors and Mayors Association and
WHEREAS the Town of Southold wishes to participate in the SEEDS program for the year 2003 by
contributing $8,500 to the SEEDS program, now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 General Fund
Whole Town Budget as follows:
To: A.8020.4.300.400
From: A.1990.4.100.100
A.8020.4.300.100
and be it further
SEEDS Administration
Contingencies
SEEDS Coordinator
$8,500
$500
$8,000
May 6, 2003 24
Southold Town Board
RESOLVED that the payment of $8~500 to the Town of East Hampton shall be a legal charge to
the Town's General Fund Whole Town 2003 budget SEEDS Administration line
(A.8020.4.300.400).
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Justice Evans. No: Supervisor Horton.
This resolution was duly ADOPTED.
#275
Moved by Councilman Wickham, seconded by Councilman Romanelli,
WHEREAS, the Town Board of the Town of Southold is considering adoption of proposed code
changes relating to Accessory Apartments in the General Business (B) and Hamlet Business
(HB) Districts in Chapter 100 of the Zoning Code of the Town of Southold, and
WHEREAS, the Town Board is seeking to provide affordable housing opportunities by easing
some of the requirements related to Accessory Apartments in appropriate zoning districts of the
Town, and
WHEREAS, the Town Board held a public hearing on the proposed code changes on March 11,
2003 in order to obtain public input on the changes, and
WHEREAS, the Town Board has had a long standing interest in providing affordable housing
for its residents, including specific programs and initiatives documented in various reports and
studies, current codes, and Town policy, including but not limited to: the Town Master Plan
Update (1985); US/UK Countryside Stewardship Exchange Team Report (1991); Town
Affordable Housing Policies and program (1993); Southold Town Stewardship Task Force
Study (1994); Southold Township: 2000 Planning Initiatives (1999); Town of Southold Local
Waterfront Revitalization Program (2003); the Towns Affordable Housing District (AHD),
Article V of the Zoning Code; specific housing projects with Town assistance and/or support;
coordination with the North Fork Housing Alliance; and creation of the Affordable Housing Ad
Hoc Committee, and
WHEREAS, this interest has been incorporated into one of several Town goals, that reflects the
vision of the Town with respect to environmental and cultural issues, specifically stated as
follows:
"The goal of the Town is to preserve a range of housing and business opportunities that would
support a socio-econornically diverse community. ", and
WHEREAS, the Town Board commenced consideration of this initiative during the mid-part of
2002, with support and input from the Affordable Housing Ad Hoc Committee, the Town
Supervisor, Town Attorney's office and interested Council representatives, and
WHEREAS, the Town retained consultant Nelson, Pope & Voorhis, LLC, to conduct an
Independent review of the proposed code changes which was completed and forwarded to the
Board on March 7, 2003, and found that the proposed revisions were not expected to result in
any large or significant adverse environmental impacts, as documented in a Part I and II
Environmental Assessment Form, and draft Negative Declaration, providing additional
information for the Board's consideration under the State Environmental Quality Review Act
(SEQRA), and
WHEREAS, the Town of Southold has enacted a moratorium that is seeking to comprehensively
address issues including several inter-related planning initiatives, noted as follows: the
recommendations of the Blue Ribbon Commission and the Local Waterfront Revitalization
Program (LWRP), and concerns in regard to affordable housing availability and public
infrastructure usage, and
May 6, 2003 25
Southold Town Board
WHEREAS, the Town Board has engaged a team including the Town Planner, Town Attorney,
Land Preservation Coordinator, two planning consultants and two consulting land use attorneys
to provide consultation on achieving the Town goals during the moratorium period, and
WHEREAS, in response to recommendations from the Moratorium team, the Town Board
issued a positive declaration on a Comprehensive Implementation Strategy, thus requiring the
preparation of a Draft Generic Environmental Impact Statement (DGEIS), which involves
consideration of implementation of relevant and important planning and program tools and
mechanisms described and recommended in the numerous planning studies undertaken within
the Town over the past 20 years; the 19 studies, plans and recommendations were reviewed in
terms of current needs and Town goals, in order to achieve the Town's vision as articulated in
those plans, and a set of 43 implementation tools, and
WHEREAS, code changes relating to accessory apartments is briefly noted as part of
Implementation Tool #6, Review of Zoning Code, which incorporates a number of actions to
fine-tune the Zoning Code to improve procedures, clarify definitions, provide guidance and
conform more closely to the Town's comprehensive plan, and
WHEREAS, changes in the accessory apartment law represents a small part of the overall Town
affordable housing initiative which includes: amending current affordable housing requirements
and creating new incentives in connection with new subdivisions and changes of zone; amending
zoning to allow diversified housing stock including small- to moderate-sized units in
condominium and apartment styles; permitting mixed use development within or adjacent to
existing hamlets, identifying appropriate parcels where planned development districts (PDD)
could be used to target public funds and/or TDR credits for the purpose of increasing density for
affordable housing purposes; enabling PDD uses that provide an array of special public benefits,
including affordable housing; considering density bonuses for additional units that are provided
as affordable housing; exploring housing financial assistance in cooperation with the North Fork
Housing Alliance (NFHA) as well as subsidized housing programs; further coordination with
new housing projects, purchase and re-sale of homes to qualified candidates, and increased rental
opportunities, as measures to increase housing diversity; working with privately funded
Community Land Trusts; soliciting private development companies specializing in providing
affordable housing through the use of tax credits; seeking opportunities for Community
Development Block Grants and other private funding sources for publicly sponsored affordable
housing initiatives; and examining potential for subsidized land and/or construction costs such as
NYS subsidies through the Division of Housing and Community Renewal and the Affordable
Housing Corporation; and
WHERAS, the proposed code changes relating to accessory apartments is consistent with the
Town comprehensive plan in providing diversified housing, housing for local families and those
in the work force and creating opportunities for affordable housing, and
WHEREAS, the proposed code changes relating to accessory apartments are consistent with
"smart growth" planning to strengthen hamlets, provide mixed-use housing and encourage
pedestrian activity to utilize good and services offered in hamlet settings, and
WHEREAS, the amount of land in the Town that is subject to the potential for new housing
represents on the order of one percent of the total land available in the Town, and this area
coincides with locations where infrastructure, utilities, and services currently exists, and
WHEREAS, accessory apartments are currently permitted through Special Exception provisions
already existing in the zoning districts of the code being modified (B and HB zoning), with
recognition that the code changes would reduce the number of regulatory steps for legal
May 6, 2003 26
Southold Town Board
accessory apartments, and would permit a greater potential number of accessory apartments, and
WHEREAS, it is recognized that there are a number of illegal accessory apartments in the Town
that have been created by necessity to serve the housing needs of residents, and that such code
changes may allow a number of these to become legalized, and as a result safer and properly
regulated, and
WHEREAS, it is anticipated that some level of enforcement will be used to monitor, enforce
and ensure that accessory apartments are properly created and maintained in the Town, thereby
potentially reducing the number of illegal and inappropriate apartments, and
WHEREAS, the Town has considered that the Suffolk County Department of Health Services
(SCDHS) will review all accessory apartments that occur on commercial property and in
connection with commercial uses, and will therefore limit the potential number of accessory
apartments based on sanitary flow and density limitations to ensure that not more than 600
gallons per day per acre of sanitary waste is discharged on a parcel that is able to connect to
public water, and
WHEREAS, it is noted that large families do not occupy accessory apartment housing and that
the number of school aged children associated with apartments is 0.023 children per unit as
compared with 0.705 children per unit for a 3-bedroom single family home, and
WHEREAS, it is recognized that enactment of these changes to the zoning code for accessory
apartments does not guarantee that units will be affordable; however, the market will determine
the rates and new and/or legal units will provide an alternative housing type to single family
homes that will be lower in rent/cost, diverse in type, and are anticipated to be affordable, and
WHEREAS, it is recognized that after enactment of accessory apartment provisions, further
code changes can be considered if found to be needed to refine the adopted code changes; such
considerations may include rental rate requirements and/or modification of the districts in which
accessory apartments are encouraged, and these decisions can be made with information derived
from trends in permits issued once code changes are enacted, and
WHEREAS, it is recognized that if the pending legislation is acted upon before completion of
Findings on the DGEIS for the Comprehensive Implementation Strategy, it could be considered
as segmentation of a part of an overall initiative; however, segmentation is discouraged under
SEQRA but is not prohibited, and there are valid reasons for consideration of moving forward
with the proposed code for accessory apartments at this time as noted herein, and
WHEREAS, due consideration is given to the significance of the proposed code changes in
relation to potential impacts and no significant adverse impacts have been identified, and the
initiative is not expected to increase potential impacts when considered in combination with
other aspects of affordable housing under consideration by the Town Board, and
WHEREAS, the Town Board is the only agency that has any decision-making authority with
regard to the pending action, and
WHEREAS, in summary, consideration is given to the foregoing facts and information, and the
brief summary of these facts noted below:
· the matter is consistent with and advances a key Town goal and the comprehensive plan of the
Town of Southold,
· the proposed code changes are consistent with trends in "smart growth" planning to strengthen
hamlets, provide mixed-use housing and encourage pedestrian activity to utilize good and
services offered in hamlet settings,
· the matter was in the drafting stages prior to initiation of the moratorium and the DGEIS for the
Comprehensive Implementation Strategy,
May 6, 2003 27
Southold Town Board
· the limited scope of the code changes in relation to the overall Comprehensive Implementation
Strategy,
· the limited land area that the proposed code changes applies to and the coincident nature of that
land area with existing infrastructure, utilities and services,
· the lack of interrelationship of the code changes in relation to other more aggressive aspects of
affordable housing initiatives,
· the existence of accessory apartment provisions currently in the Town zoning code,
· the SCDHS density limitations that will apply and limit the potential number of accessory
apartments,
· the enforcement aspects of existing illegal accessory apartment units that will tend to reduce the
number of inappropriate units,
· the lack of identifiable potential significant adverse environmental impacts in consideration of
the Part I and II EAF, public hearings, independent review, analysis and consideration by the
Town Board.
NOW, THEREFORE BE IT RESOLVED THAT, the Town Board of the Town of Southold
hereby assumes lead agency status in the review and determination of significance with
regard to the proposed code changes for accessory apartments~ and
BE IT FURTHER RESOLVED THAT, the Town Board hereby adopts a Negative Declaration
(as drafted and attached) in colmection with the proposed code changes for accessory
apartments~ and
BE IT FURTHER RESOLVED THAT, the Town Clerk is authorized to circulate the
Negative Declaration as required in accordance with the Notice and Filing Requirements
contained in SEQRA Part 617.12, and
BE IT FURTHER RESOLVED THAT, the Town Board hereby adopts the following Local
Law amendments relating to the proposed code changes for accessory apartments:
Local Law No. 9
Local Law No. 10
Justice Evans: No, with an explanation. I am not against accessory apartments but I would prefer to
see that they were guaranteed to be affordable. That is one of my reasons and my second reason is that
we are doing a comprehensive implementation strategy and they are doing a needs assessment as far as
what the needs of housing are in the Town and I would prefer to wait to hear what the needs are before
we enact a law that puts apartments in but not necessarily affordable and perhaps could be rented to
people for the summer for high rent. So I would rather have more control over the affordability.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Supervisor Horton. No: Justice Evans.
This resolution was duly ADOPTED.
#276
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2003 budget as follows:
To:
May 6, 2003
Southold Town Board
A.1680.4.400.551
A.1680.4.400.552
From:
A.1990.4.100.100
Payroll Maintenance
Financial Maintenance
Unallocated Contingencies
28
$2,500.00
$4,500.00
$7,000.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#277
Moved by Councilman Richter, seconded by Councilman Romanelli,
WHEREAS, there was been presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 4th day of February 2003 a Local Law entitled "A Local Law in relation to the
General Business (B) District in Chapter 100 of the Zoning Code of the Town of Southold"; and
WHEREAS a public hearing on the aforesaid Local Law was held on the 1 lth day of March 2003 at
which time all interested persons were given the 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. 9 OF 2003
A Local Law entitled "A Local Law in Relation to the General Business (B) District in Chapter 100 of
the Zoning Code of the Town of Southold".
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
I. Purpose- To provide alternative uses for business properties, and to provide the community with
alternative housing opportunities within the hamlet centers.
II.Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows:
§ 100-101. Use regulations.
In the B District, no building or premises shall be used and no building or part thereof shall be erected
or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except
the following:
A. [Amended 5-9-1989 by L.L. No. 6-1989] Permitted uses. The following uses are permitted uses
and, except for those uses permitted under Subsection A(1), (12) and (13) hereof, are subject to site
plan approval by the Planning Board:
(1) Any permitted use set forth in and regulated by § 100-3 lA(2) and (3) of the Agricultural-
Conservation District.
(2) Any permitted use set forth in and regulated by § 100-91A(3) to~,~ ~ m (21) of the Hamlet
Business District. [Amended 2-7-1995 by L.L. No. 3-1995]
(3) Wholesale businesses, warehouses and building material storage and sale, but excluding
storage of coal, coke, fuel oil or junk.
(4) Building, electrical and plumbing contractors' businesses or yards.
(5) Cold storage plants, baking and other food processing and packaging plants that are not
offensive, obnoxious or detrimental to neighboring uses by reason of dust, smoke, vibration, noise,
odor or effluent.
(6) Wholesale or retail sale and accessory storage and display of garden materials, supplies and
plants, including nursery operations, provided that the outdoor storage or display of plants and
materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three (3) feet
of the property line.
(7) Wholesale/retail beverage distribution.
May 6, 2003 29
Southold Town Board
(8) Funeral homes.
(9) Train or bus stations.
(10) Telephone exchanges.
(11) [Added 11-29-1994 by L.L. No. 26-1994] Wineries which meet the following standards:
(a) It shall be a farm winery licensed under New York State law from which wine made from
primarily Long Island grapes is produced and sold.
(b) It shall obtain site plan approval.
(c) It shall have retail sales on site.
(12) One-family detached dwelling, not to exceed one (1) dwellin~ on each lot.
(13) Two-family dwelling, not to exceed one (1) dwellin~ on each lot. The dwellin~ must be
occupied by the owner of the properW.
B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted
as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval
by the Planning Board:
(1) Any special exception use as set forth in and regulated by § 100-3 lB(2) to (12), except
wineries are not required to be in connection with a vineyard. [Amended 8-1-1989 by L.L. No. 15-
1989]
(2) Hotel or motel uses as set forth in and regulated by § laa-61B(4) of the Resort Residential
(RR) District, except that the minimum lot size shall be three (3) acres. [Amended 8-13-1991 by L.L.
No. 19-1991]
(3) Bed-and-breakfast enterprises or boarding and/or tourist homes as set forth in and regulated by
§ 100-3 lB(14) of the Agricultural-Conservation District, except that no site plan approval is required.
(4) Tourist camps as regulated by Chapter 88, Tourist and Trailer Camps, of the Town Code.
(5) Research, design or development laboratories, provided that any manufacturing shall be limited
to prototypes and products for testing.
(6) Fully enclosed commercial recreation facilities, including but not limited to tennis clubs,
skating rinks, paddle tennis, handball and squash facilities, dance halls, billiard parlors, bowling alleys,
health spas and clubs and uses normally accessory and incidental to commercial recreation, such as
locker rooms, eating and drinking facilities and retail sale of goods associated with the particular
activity.
(7) Laundry or dry-cleaning plants, subject to the following conditions:
(a) All processes and storage shall be carried on within an enclosed building.
(b) All fluids used in processing shall be recycled, and the overall facility shall be designed,
located and operated to protect surface waters and the groundwater reservoir from pollution.
(8) Fraternal or social institutional offices or meeting halls (nonprofit).
(9) Take-out restaurants, provided that eating on the premises of the take-out restaurant shall be
permitted only inside the structure or in areas specifically designated and properly maintained outside
of the structure and where the minimum lot size for a freestanding structure is forty thousand (40,000)
square feet. [Amended 5-16-1994 by L.L. No. 9-1994]
(la) Drinking establishments.
(11) Automobile laundries.
(12) Public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and
rental, including the sale of recreation vehicles and trailers and boat sales, with accessory repair
facilities, all subject to the following requirements:
(a) Entrance and exit driveways shall have an unrestricted width of not less than twelve (12) feet
and not more than thirty (30) feet and shall be located not less than ten (la) feet from any property line
May 6, 2003 30
Southold Town Board
and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-
way.
(b) Sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles
or boats.
(c) Vehicle lifts or pits, dismantled automobiles, boats and vehicles and all parts or supplies shall
be located within a building.
(d) All service or repair of motor vehicles, other than such minor servicing as change of tires or
sale of gasoline or oil, shall be conducted in a building.
(e) The storage of gasoline or flammable oils in bulk shall be located fully underground and not
less than thirty-five (35) feet from any property line other than the street line.
(f) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from any street or
property line.
(g) No gasoline service or repair shops or similar businesses are to be located within three hundred
(300) feet of a church, public school, library, hospital, orphanage or rest home.
(13) Partial self-service gasoline service stations, subject to all of the provisions of §100-101B(12)
herein and the following additional requirements:
(a) Each partial self-service gasoline facility shall have a qualified attendant on duty whenever the
station is open for business. It shall be the duty of the qualified attendant to control and operate both
the console regulating the flow of gasoline to the dispensing equipment thereafter to be operated by the
customer at the self-service pump island and the dispensing equipment on the other pump islands.
(b) Gasoline shall at no time be dispensed without the direct supervision of the qualified attendant.
A control shall be provided which will shut off the flow of gasoline to the dispensing equipment at the
self-service pump island whenever the qualified attendant is absent from the control console for any
reason whatever, including when he is operating the dispensing equipment on the other pump islands.
(c) The console regulating the flow of gasoline to the remote dispensing equipment thereafter
operated by the customer at the self-service pump island shall be situated in such a manner as to give
the qualified attendant controlling said console an unobstructed view of the operation of said remote
dispensing equipment.
(d) The self-service pump island shall have controls on all pumps that will permit said pumps to
operate only when a dispensing nozzle is removed from its bracket on the pump and the switch for this
pump is manually operated.
(e) The self-service pump island shall be protected by an automatic fire-protection system in the
form of an approved system of dry powder release which will act as an automatic fire extinguisher.
(f) No customer shall be permitted to dispense gasoline unless he shall possess a valid motor
vehicle operator's license.
(g) There shall be no latch-open device on any self-service dispensing nozzle.
(14) Private transportation service, including garage and maintenance facilities.
(16) (15) [Added 5-16-1994 by L.L. No. 9-1994] Formula food restaurants located within a shopping
center in this zone, subject to the following requirements:
(a) There must be sufficient parking as provided for by the Article XIX, Parking and Loading
Areas, of this chapter, and such parking area shall be available within the shopping center site to
accommodate the use.
(b) The operation of the establishment shall not create traffic problems.
May 6, 2003 31
Southold Town Board
(c) There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive-up, drive-
by or a walkup window or door.
(d) Exterior signage shall conform in all respects to Article XX, Signs, of this chapter and, further,
may not be lit from within.
(e) Advertisements, including trademark logos, may not be affixed, painted or glued onto the
windows of the business or onto any exterior structure, including waste disposal receptacles and flags.
(f) The signage must conform to the existing color theme and signage style of the shopping center.
(g) The existing exterior architectural style of the shopping center building may not be altered or
modified in any way to accommodate the proposed use.
(h) The use must be located within the shopping center's main primary building complex and may
not be located within a single freestanding structure within the shopping center site.
(17) (16) Flea markets. [Added 10-17-1995 by L.L. No. 21-1995]
C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as
accessory uses and, except for residential accessory uses and signs, which are governed by Article XX,
are subject to site plan review:
(1) Accessory uses set forth in and as regulated by § 100-3 lC(l) through (8) and (10) of the
Agricultural-Conservation District, subject to the conditions set forth in § 100-33 thereof. [Amended
11-29-1994 by L.L. No. 26-1994]
(2) Open storage of materials or equipment, provided that such storage shall be at least twenty-five
(25) feet from any lot line, not be more than six (6) feet high and be suitably screened by a solid fence
or other suitable means of at least six (6) feet in height.
(3) Apartments are permitted within the principal buildin~ only, subject to the following
The Buildin~ Department issuin~ an accessory apartment permit.
The habitable floor area of each apartment shall be at least three hundred and fifty (350)
square feet.
iii) There shall be no more than three (3) apartments created or maintained in any single
structure.
iv) Each apartment shall have at least one (1) off street parkin~ space.
v) Construction and/or remodelin~ of an existin~ structure to create an accessory
apartment shall not tri~er the need for site plan approval set forth specifically in
section 100-250 and Article XXV in ~eneral unless such construction or remodelin~
results in an increase of the foundation size of the structure.
vi) The Apartment(s) shall not comprise more than forty percent (40%) of the principal
building.
§ 100-102. Bulk, area and parking requirements.
No building or premises shall be used and no building or part thereof shall be erected or altered in the
B District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules
incorporated into this chapter by reference, with the same force and effect as if such regulations were
set forth herein in full.
§ 100-103. Front yard setbacks. [Added 8-22-1995 by L.L. No. 18-1995]
A. Structures shall be set back at least one hundred (100) feet from the right-of-way.
B. There shall be an exception to Subsection A if the adjacent parcels are developed, in which
case the minimum front yard setback shall be the average of the setbacks of the adjacent parcels.
C. A project shall be divided into separate structures so that no single structure shall have
more than sixty (60) linear feet of frontage on one (1) street. The setbacks of multiple
requirements:
i)
ii)
May 6, 2003 32
Southold Town Board
structures on a parcel may vary, provided that the average setback of the structures meets
the setback required above and all buildings are at least seventy-five (75) feet from the
right-of-way.
The Density and Minimum Lot Size Schedule for Nonresidential Districts is amended as attached.
III. Severability.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or
any part thereof other than the part so decided to be unconstitutional or invalid.
IV. Effective date
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
law.
Strike-through represents deletion.
Underline represents insertion.
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May 6, 2003 35
Southold Town Board meeting
SUPERVISOR HORTON: I just wanted to thank Councilman Romanelli and a number of other
people involved in Town Hall that have put more than a years worth of effort into this and the B and
the HB proposal. So thanks for your consistent hard work and belief in that positive change.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Supervisor Horton. No: Justice Evans.
This resolution was duly ADOPTED.
#278
Moved by Councilman Romanelli, seconded by Councilman Richter,
WHEREAS, there was been presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 4th day of February 2003 a Local Law entitled "A Local Law in relation to the
Hamlet Business (HB) District in Chapter 100 of the Zoning Code of the Town of Southold"; and
WHEREAS a public hearing on the aforesaid Local Law was held on the 1 lth day of March 2003 at
which time all interested persons were given the 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. 10 OF 2003
TOWN OF SOUTHOLD
A Local Law entitled, "A Local Law in relation to the Hamlet Business (HB) District in Chapter
100 of the Zoning Code of the Town of Southold"
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
I. Purpose -To provide alternative uses for business properties, and to provide the community with
alternative housing opportunities within the hamlet centers.
II. Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows:
§ 100-91. Use regulations.
In the HB District, no building or premises shall be used and no building or part of a building shall be
erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses
except the following:
A. [Amended 5-9-1989 by L.L. No. 6-1989; 5-16-1994 by L.L. No. 9-1994; 2-7-1995 by L.L. No.
3-1995] Permitted uses. The following are permitted uses and, except for those uses permitted under
Subsection A(1), A(2) and A(!9) A(20) hereof, are subject to site plan approval by the Planning Board:
r,_v..ow ......... ,~,.v~*;~" ~o,~.~,.r~;~'~;** One-family detached dwellina, not to exceed one (1) dwellina on each lot. The
dwellina must be occupied by the owner of the property.
Dis~i:t. Two-family dwellina, not to exceed one (1) dwellina on each lot. The dwellina must be
occupied by the owner of the property.
(3) Buildinas, structures and uses owned or operated by the Town of Southold, school districts,
park districts and fire districts.
(-3) (4) Boardinghouses and tourist homes.
(4) (5) Business, professional and governmental offices.
(-5) (6) Banks and financial institutions.
(4) (7) Retail stores.
May 6, 2003
Southold Town Board meeting
36
(-7-) (8) Restaurants, excluding formula food and take-out restaurants. [Amended 5-16-1994 by L.L.
No. 9-1994]
¢g) (9) Bakeshops (for on-premises retail sale).
(9) (la) Personal service stores and shops, including barbershops, beauty parlors, professional studios
and travel agencies.
(la) (11) Art, antique and auction galleries.
(11) (12) Artists' and craftsmen's workshops.
(12) (13) Auditoriums or meeting halls.
(13) (14) Repair shops for household, business or personal appliances, including cabinet shops,
carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle
shops.
(1 q) (15 ) Custom workshops.
(15) (16) Bus or train stations.
(16) (17) Theaters or cinemas (other than outdoor).
(17) (18) Libraries or museums.
(18) (19) Laundromats.
(!9) (20) Bed-and-breakfast uses as set forth in and as regulated by § 100-3 lB(14).
(21) Multiple dwellings.
B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted
as a special exception by the Board of Appeals as hereinafter provided, subject to site plan approval by
the Planning Board:
(1) Any special exception use set forth in and as regulated by § 100-3 lB(3) to (6) and (13) and (14)
of the Agricultural-Conservation District.
(-3) (2) Motel and hotel uses as set forth in and regulated by § laa-61B(4) of the Resort Residential
(RR) District, except that minimum lot size shall be three (3) acres. [Amended 7-31-1990 by L.L. No.
16-1990]
May 6, 2003
Southold Town Board meeting
37
(-5) (3) Boarding and/or tourist homes as set forth and regulated by § 100-61B(5) of the Resort
Residential (RR) District. [Amended 2-7-1995 by L.L. No. 3-1995]
(d~) (4) Fraternal or social institutional offices or meeting halls.
(-7-) (5) Drinking establishments.
¢g) (6) Public garages.
(-9) (7) Funeral homes.
(10) (8) Flea markets. [Added 10-17-1995 by L.L. No. 21-1995]
(11) (9) [Added 5-16-1994 by L.L. No. 9-1994] Takeout and formula food restaurants, subject to the
following requirements:
(a) Adequate parking shall be provided in accordance with that required by Article XIX, Parking
and Loading Areas, of this chapter. All parking spaces shall be located within reasonable walking
distance of the site or three hundred (300) feet, whichever is less. The improvement or development of
municipal parking may be used to satisfy this requirement. The adequacy of municipal parking shall be
determined by the Planning Board as part of its site plan review procedure by conducting a parking
survey of the capacity of the existing municipal parking area to accommodate the projected increase in
usage due to the introduction of the subject land use.
(b) An assessment of the potential traffic impacts of the proposed use must accompany the long
environmental assessment form. The appropriate mitigation measures must be incorporated into the
site plan.
(c) There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive-up, drive-
by or walkup window or door.
(d) Exterior signage shall conform in all respects to Article XX, Signs, of this chapter and, further,
may not be lit from within.
(e) Advertisements, including trademark logos, may not be affixed, painted or glued onto the
windows of the business or onto any exterior structures, including waste disposal receptacles and flags.
(f) The physical design, including color and use of materials, of the establishment shall be
compatible with and sensitive to the visual and physical characteristics of other buildings, public
spaces and uses in the particular location.
C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as
accessory uses and, except for residential accessory uses and signs, which are subject to Article XX,
are subject to site plan review:
(1) Accessory uses as set forth in and regulated by § 100-3 lC(l) through (7) of the Agricultural-
Conservation District, and subject to the conditions set forth in § 100-33 thereof.
May 6, 2003
Southold Town Board meeting
38
(2)
requirements:
vii)
viii)
Apartments are permitted within the principal buildine only, subject to the following
The Buildine Department issuine an accessory apartment permit.
The habitable floor area of each apartment shall be at least three hundred and fifty (350)
square feet.
ix) There shall be no more than three (3) apartments created or maintained in any sinele
structure.
x) Each apartment shall have at least one (1) off street parkine space.
xi) Construction and/or remodeline of an existine structure to create an accessory
apartment shall not trieeer the need for site plan approval set forth specifically in
section 100-250 and Article XXV in eeneral unless such construction or remodeline
results in an increase of the foundation size of the structure..
xii) The Apartment(s) shall not comprise more than forW percent (40%) of the principal
buildine.
§ 100-92. Bulk, area and parking regulations.
No building or premises shall be used and no building or part thereof shall be erected or altered in the
HB District unless the same conforms to the Bulk Schedule and Parking
and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if
such regulations were set forth herein in full.
§ 100-93. (Reserved)
III. Severabilitv.
If any clause, sentence, paraeraph, section, or part of this Local Law shall be adjudeed by any court of
competent jurisdiction to be invalid, the judement shall not effect the validiW of this law as a whole or
any part there of other than the part so decided to be unconstitutional or invalid.
IV. Effective Date.
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
law.
Strike-through represents deletion.
Underline represents insertion.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Supervisor Horton. No: Justice Evans.
This resolution was duly ADOPTED.
#279
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Connie D. Solomon to
the full-th-ne position of Deputy Comptroller in the Accounting & Finance Department at a yearly
salary of $55,000, effective July 1, 2003.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Justice Evans. No: Supervisor Horton.
This resolution was duly ADOPTED.
#28O
Moved by Councilman Wickham, seconded by Justice Evans, it was
May 6, 2003
Southold Town Board meeting
39
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
Raymond Cleaves Post 861 Mattituck American Legion Post to use the following town roads for
the Memorial Day Parade beginning at 8:00 a.m, on Monday, May 26, 2003,: Pike Street,
Wickham Avenue, Westphalia Road, Sound Avenue, and Love Lane, Mattituck, New York provided
they file with the Southold Town Clerk a One Million Dollar Certificate of Liability Insurance naming
the Town of Southold as the additional insured. Lt. Flatley to be contacted at least ten (10) days prior
to the event to coordinate traffic along route.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#281
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
Griswold-Terrv-Glover Post 803, American Legion, Southold, New York to use certain Town
roads for its Memorial Day Parade on Monday, May 26, 2003 to begin at approximately 10:30 A.M.
at Boisseau Avenue and ending on Tuckers Lane, provided they file with the Southold Town Clerk a
One Million Dollar Certificate of Liability Insurance naming the Town of Southold as the additional
insured. Lt. Flatley to be contacted at least ten (10) days prior to the event to coordinate traffic along
route.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#282
Moved by Councilman Romanelli, seconded by Justice Evans,
WHEREAS, the State of New York provides financial aid for municipal waste reduction and
municipal recycling projects; and
WHEREAS, the Town of Southold herein called the
(Legal Name of Applicant)
MUNICIPALITY, has examined and duly considered the applicable laws of the State of New York
and the MUNICIPALITY deems it to be in the public interest and benefit to file an application under
these laws; and
WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE
OF NEW YORK, herein called the STATE and the MUNICIPALITY be executed for such STATE
Aid;
NOW, THEREFORE, BE IT RESOLVED BY
The Town Board of the Town of Southold
(Governing Body of Applicant)
1. That the filing of an application in the form required by the State of New York in conformity with
the applicable laws of the State of New York including all understanding and assurances contained
in said application is hereby authorized.
2. That James Bunchuck
(TITLE of Applicant's designated Authorized Representative)
is directed and authorized as the official representative of the MUNICIPALITY to act in
connection with the application and to provide such additional information as may be
May 6, 2003
Southold Town Board meeting
40
required and to sign the resulting contract if said application is approved by the STATE;
3. That the MUNICIPALITY agrees that it will fund its portion of the cost of said Municipal Waste
Reduction and/or Recycling Project.
4. That the MUNICIPALITY or MUNICIPALITIES set forth their respective responsibilities by
attached joint resolution relative to a joint Municipal Waste Reduction and/or Recycling Project.
5. That this resolution shall take effect immediately.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#283
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
American Diabetes Association to use the following Town Roads for their 11th Annual Tour de
Cure Cycling event on Stmday~ June 8~ 2003~ from 7:00 a.nt to 3:00 p. nt provided they file with
the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold
as an additional insured: Peconic Bay Boulevard, Mill Lane, Wickham Avenue, Grand Avenue, Mill
Road, Oregon Road, Cox Lane, Bridge Lane, Mill Lane, Soundview Avenue, Lighthouse Road,
Moores Lane, Village Lane, King Street, Narrow River Road, Orchard Street, and Tabor Road.
(Certificate of Insurance on File)
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#284
Moved by Councilman Wickham, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 Solid Waste
budget as follows:
To
SR 8160.2.500.450
SR 8160.4.100.580
SR 8160.4.100.566
SR 8160.4.100.595
SR 8160.4.100.400
SR 8160.4.100.100
From
SR 1989.4.000.000
Radio Equipment $ 500.00
Maint Ford Tractor $ 1,500.00
Maint/Supply Cat Quarry Truck $ 5,000.00
Maint/Supply Tub Grinder $15,000.00
Welding Supplies $ 300.00
Office Supplies $ 150.00
Funded Deficit $ 22,450.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#285
Moved by Councilman Richter, Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Horton to sign all necessary documents with Diversified Technology Consultants to
May 6, 2003 41
Southold Town Board meeting
assist the Fishers Island Sewer District to maintain the wastewater facilities and comply with NY
DEC requirements.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#286
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED, that the Town Board of the Town of Southold hereby sets 8:00 p.n~, May 20, 2003 at
Southold Town Hall, 53095 Main Road, Southold, New York, for a public hearing on the
application requesting a waiver from the provisions of the Local Law entitled "Temporary
Moratorimn on the Processing, Review of, and making Decisions on the applications for Ma]or
and Minor Subdivisions, and Special Use Permits and Site Plans containing dwelling unit(s) in
the Town of Southold" for the minor subdivision of Ernest Schneider, located southwest of
Alvah's Lane, Cutchogue and identified by SCTM # 1000-101-1-14.3.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#287
Moved by Justice Evans, seconded by Councilman Romanelli,
WHEREAS, Southold Town is a community that cherishes its past as it prepares for its future,
recognizing the importance and the beauty of our many historic buildings and landmarks; and
WHEREAS, the Town of Southold came into possession of the L'Hommedieu carriage barn, a
structure of historic significance but in considerable disrepair and in need of immediate attention, said
barn having been and remaining vacant and not necessary for any town use or purpose; and
WHEREAS, the dedicated volunteers of the Southold Historical Society graciously agreed to
dismantle, transport and reassemble the structure on their property for the purpose of restoration to its
former glory for the benefit of the entire community; now, therefore, be it
RESOLVED, that the Town Board of the Town of Southold hereby gifts the L'Honunedieu carriage
barn to the Southold Historical Society and expresses deep appreciation to them for their
continued commitment to the preservation and protection our heritage for present and future
generations.
SUPERVISOR HORTON: I would just also like to extend a personal thanks to the leadership and the
Board of the Southold Historical Society that viewed this barn as important and significant. I am
excited about the project that they have underway and in store for this, what I view as a precious piece
of our history.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#288
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Horton to execute all necessary docmnents to retain a land use attorney and planning
May 6, 2003
Southold Town Board meeting
42
consultant to assist the Town Board in reviewing and developing a comprehensive land use plan for
the properties in the immediate vicinity of the Town Landfill/Transfer station.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#289
Moved by Councilman Richter, seconded by Justice Evans,
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 6th day of May, 2003 a Local Law entitled "A Local Law in relation to a
Temporary moratorium on the issuance of approvals and/or permits for the parcels of property
in the Light Industrial Park/Planned Office Park (LIO) zoning district and the Light Industrial
(LI) zoning district in "The Church Lane Neighborhood and immediate area surrounding the
Town Landf'fll/Transfer Station" 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 June 3, 2003 at
5:00 p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed local law entitled, "A Local Law in relation to a Temporary moratorium on the
issuance of approvals and/or permits for the parcels of property in the Light Industrial
Park/Planned Office Park (LIO) zoning district and the Light Industrial (LI) zoning district in
"The Church Lane Neighborhood and immediate area surrounding the Town Landfill/Transfer
Station" reads as follows:
LOCAL LAW NO. OF 2003
A Local Law entitled, "A Local Law in relation to a Temporary moratorium on the issuance of
approvals and/or permits for the parcels of property in the Light Industrial Park/Planned Office
Park (LIO) zoning district and the Light Industrial (LI) zoning district in "The Church Lane
Neighborhood and immediate area surrounding the Town Landf'fll/Transfer Station".
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
Section 1. Purpose
The Town Board recognizes that within the area bounded by Depot Lane, Oregon Road, Cox
Lane and Route 48 the presence of the Town Landfill (now the Town Transfer Station) dominated
(properly) the thought process behind the comprehensive planning of that area for decades. One result
was that all parcels of property within the described areas are currently zoned either LIO or LI
according to the Town Zoning Code.
The Town Board also recognizes that the foundational cornerstones governing the
comprehensive planning of that area in general may have been fundamentally altered with the capping
of the Town Landfill and the introduction of public water.
A small, long-standing residential neighborhood adjacent to the landfill/transfer station has
been threatened with drastic changes based on the current LI zoning district designation.
Based on the changed circumstances regarding the landfill/transfer station, as noted above, the
Town Board wishes to consider various alternatives to the LIO and LI zoning district designation in the
described area, enhancement projects in the Church Lane neighborhood and the recommendations
made in the draft report of the planning and environmental firm of Nelson, Pope and Voorhis dated
August 26, 2002. Given the reasons and facts set forth above and until the planning process is
completed the Town Board finds it necessary to impose a moratorium as set forth below. An
integrated and comprehensive study that takes into account the capping of the Landfill, the presence of
May 6, 2003
Southold Town Board meeting
43
public water, and the long-standing residential neighborhood in conjunction with the Town's overall
comprehensive goals is needed. This action is necessary in order to protect the character, public
health, safety and welfare of the residents of the Church Lane Neighborhood and Immediate Area
Surrounding the Town Landfill/Transfer Station
Section 2. ENACTMENT OF A TEMPORARY MORATORIUM
Until four (4) months from the effective date of this Local Law, after which this Local Law
shall lapse and be without further force and effect and subject to any other Local Law adopted by the
Town Board during the four (4) month period, no agency, board, board officer or employee of the
Town of Southold including but not limited to, the Town Board, the Zoning Board of Appeals, the
Trustees, the Planning Board, or the Building Inspector(s) issuing any building permit pursuant to any
provision of the Southold Town Code, shall issue, cause to be issued or allow to be issued any
approval, special exception, variance, site plan, building permit, subdivision, or permit for any of the
property uses listed within the following sections of the following zoning districts of the Southold
Town Code which are located in the Church Lane Neighborhood and Immediate Area Surrounding the
Town Landfill/Transfer: Sections 100-131 (A)(1)and 100-131 (A) (3-16) and 100-131 (B)and 100-
131 (C), all of which apply to the Light Industrial Park/Planned Office Park (LIO) District of the
Southold Town Code; and Sections 100-141(A) (1) and 100-141(A) (3-15) and 100-141(B); and 100-
141(C), all of which apply to the Light Industrial (LI) District of the Southold Town Code
Section 3. DEFINITION OF "THE CHURCH LANE NEIGHBORHOOD & IMMEDIATE
AREA SURROUNDING THE TOWN LANDFILL/TRANSFER STATION"
The Church Lane Neighborhood and Immediate Area Surrounding the Town Landfill/Transfer
Station is hereby defined as the area bounded by the following public roads: County Route 48 on the
South, Depot Lane on the West, Oregon Road on the North and Cox Lane on the East.
Section 4. EXCLUSIONS
This Local Law shall not apply:
1) to any person or entity who/which has, prior to the effective date of this Local Law,
obtained all permits required for construction of a building on any property located
in the THE CHURCH LANE NEIGHBORHOOD and IMMEDIATE AREA
SURROUNDING THE TOWN LANDFILL/TRANSFER STATION including later
applications to repair or alter, but not enlarge, any such building otherwise
prohibited during the period of this temporary moratorium.
2) To any permit or application regarding a single family dwelling unit to be used
solely for residential purposes.
Section 5. AUTHORITY TO SUPERCEDE
To the extent and degree any provisions of this Local Law are construed as inconsistent with
the provisions of Town Law sections 264, 265, 265-a, 267, 267-a, 267-b, 274-a, 274-b, and 276, this
Local Law is intended pursuant to Municipal Home Rule Law sections 10(1)(ii)(d)(3) and section 22 to
supercede any said inconsistent authority.
Section 6. VARIANCE TO THIS MORATORIUM
Any person or entity suffering unnecessary hardship as that term is used and construed in Town
Law section 267-b(2)(b), by reason of the enactment and continuance of this moratorium may apply to
the Zoning Board of Appeals for a variance excepting the person's or entity's premises or a portion
thereof from the temporary moratorium and allowing issuance of a permit all in accordance with the
provisions of this Southold Town Code applicable to such use or construction.
Section 7. SEVERABILITY
May 6, 2003
Southold Town Board meeting
44
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not impair or invalidate the remainder
of this Local Law.
Section 8. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State.
SUPERVISOR HORTON: When this was first proposed, I was not in support of this but what I see is
the commitment of the Town Board to address issues that have surfaced over the past eight months
concerning conflicts and various zoning uses in the Church Lane neighborhood and I think that the
Town Board is making steps forward towards correcting or affirmatively addressing these various
issues.
COUNCILMAN WICKHAM: Before I vote on this, I would just like to outline some of the details of
this so that the public has a clearer picture of what we are doing here. The definition of the Church
Lane neighborhood and immediate area surrounding is as follows: Church Lane neighborhood, etc. is
hereby defined as the area bounded by the following public roads: County Route 48 on the south,
Depot Lane on the west, Oregon Road on the north and Cox Lane on the east. The period is four
months from the effective date of this local law. Exclusions: the law would not apply to any person or
entity who, prior to the effective date, obtained all permits required for the construction of a building
on any property in the neighborhood and another exclusion is to any permit or application regarding
single family dwelling, solely for the residential purposes. I support this and my vote is yes.
COUNCILMAN RICHTER: Here too, I need to speak on this issue prior to my vote. Another
moratorium in the Town is not something that I look forward to. But this maybe saying an area for us
to compromise in that area and with this being just setting the hearing date for June 3, I will vote yes.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#29O
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town
Clerk to transmit the proposed Local Law: "A Local Law in relation to a Temporary
moratorimn on the issuance of approvals and/or permits for the parcels of property in the Light
Industrial Park/Planned Office Park (LIO) zoning district and the Light Industrial (LI) zoning
district in "The Church Lane Neighborhood and innnediate area surrounding the Town
Landfill/Transfer Station" to the Southold Town Planning Board and the Suffolk County
Department of Planning for their recommendations and reports.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#291
Moved by Justice Evans, seconded by Councilman Wickham,
WHEREAS an application has been made by Diane Alec Smith for a waiver from the provisions of
Local Law #3 of 2002 (and extended by Local Law #3 of 2003) entitled "Temporary Moratorium on
the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor
Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the
Town of Southold" pursuant to Section 6 "Appeal Procedures" of Local Law #3-2002 to permit the
May 6, 2003
Southold Town Board meeting
45
Planning Board to consider an application for a minor subdivision for the parcel of property known as
SCTM# 1000-109-01-07; and
WHEREAS the application involves the subdivision of a 3.915 acre parcel into 2 lots; and
WHEREAS the Town Board has reviewed the file, conducted a public hearing, and considered all
pertinent documents; and
WHEREAS the criteria that the applicant must meet is set forth in section 6. (Appeal Procedure) of
Local Law #3-2002 and Local Law #3-2003 and the section states:
Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive
the application of any provision of this Local Law, in its legislative discretion, upon its determination,
that such variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of
property. To grant such request, the Town Board must find that a variance or waiver will not adversely
affect the purpose of this local law, the health, safety or welfare of the Town of Southold or any
comprehensive planning being undertaken in the Town. The Town Board shall take into account the
existing land use in the immediate vicinity of the property and the impact of the variance or waiver on
the water supply, agricultural lands, open and recreational space, rural character, natural resources, and
transportation infrastructure of the Town. The application must comply with all other applicable
provisions of the Southold Town Code.
WHEREAS the Town has hired a "moratorium group" consisting of in-house and outside planners
and attorneys who are working on a "Comprehensive Implementation Strategy" of the Comprehensive
Plan of the Town of Southold and certain comprehensive planning currently being undertaken
includes, but is not limited to a 80% preservation of open space throughout the Town and a 60%
reduction in density and clear establishment of the Hamlet Centers and a possible Transfer of
Development Rights component (a full description of the "action" is set forth in the SEQRA
Resolution dated January 7, 2003 for the Southold Comprehensive Implementation Strategy which is
incorporated by reference into this decision); and
WHEREAS the Town Board finds that the application is not in contrast with the extensive planning
initiatives being undertaken by the "moratorium group", or the Comprehensive Plan of the Town of
Southold; and
WHEREAS the Town Board finds that this application will not adversely affect the purpose of the
Local Law # 3 of 2002 and Local Law #3 of 2003; and
WHEREAS the Town Board of the Town of Southold finds that the application will not adversely
affect the health, safety, or welfare of the Town of Southold; and
WHEREAS the Town Board of the Town of Southold finds that the minor subdivision application is
consistent with the existing land use in the surrounding area and has a minimal impact on water supply,
rural character, natural resources and transportation infrastructure of the Town; and
WHEREAS the Town Board of the Town of Southold finds that the application has no effect on
agricultural lands and open and recreational space; and
WHEREAS based on the application, all relevant documentation, the comments set forth at the public
hearing on this matter, the comprehensive planning currently being undertaken by the Town, the above
referenced facts, and the criteria set forth in Local Law No. 3 of 2002 and extended by Local Law No.
3 of 2003, Section 6. Appeals Procedures, the applicant has met its burden pursuant to the criteria; and
Be it RESOLVED by the Town Board of the Town of Southold that the application is hereby
approved.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
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Southold Town Board meeting
#292
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the payment of the
expenses from Community Development Funds for the water supply to the hand pumped foot
shower at Dock Beach~ Fishers Island.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
SUPERVISOR HORTON: That concludes our resolutions. At this point, we will offer the floor to
members of the public that would like to address the Town Board on town related business. Would
anybody care to address the Board?
MR. CARLIN: Bill Moore is not here so I will ask you this question. How are we doing with the
senior citizens on the 15% Cablevision discount? What is this Town doing?
SUPERVISOR HORTON: People who qualify for that have to apply for it.
MR. CARLIN: I know that, I know all about what they got to do.
SUPERVISOR HORTON: So that is what has been done about it.
MR. CARLIN: Is it effective in this Town, like it was last week in Riverhead, as of Thursday? Are
we effective now in this Town or do we have to wait to make a decision on that?
SUPERVISOR HORTON: There is no decision that is being awaited, I believe that our contract is
with the Public Service Commission in Albany, that is reviewing the details of the contract and once
that is completed, it will be incumbent upon Cablevision to make that known.
MR. CARLIN: I don't understand this, here Riverhead got their contract negotiated in Albany and
now yours truly telling me that you are still waiting in there, in Riverhead last Thursday ....
SUPERVISOR HORTON: Our contract ....
MR. CARLIN: ... why do we drag our feet for in this Town.
SUPERVISOR HORTON: Mr. Carlin, our contract has been signed and I will say, actually, to the
credit of this Board, that the contract that was open for over seven years and this Board in a very short
amount of time, effectively delivered that contract, settled that contract with Cablevision. So it is a
matter of law that Cablevision has to channel that contract through the regulatory body that oversees
Cablevision. So it is out of the Town's hands and into the regulatory body.
MR. CARLIN: I don't understand, how come Riverhead beat you to the punch? Riverhead went
ahead and got theirs and you are still ....
May 6, 2003 47
Southold Town Board meeting
SUPERVISOR HORTON: I think it took Riverhead 15 years or so.
MR. CARLIN: It doesn't matter. But they got theirs already, you should think that you have yours in
there, too, by now.
SUPERVISOR HORTON: There is not much we can do about the PSC.
MR. CARLIN: Are we going to wait six months for that, too, now?
SUPERVISOR HORTON: No.
MR. CARLIN: Probably will. I wouldn't be a bit surprised to bet on that one, too. Now, Animal
Shelter. Have we, why haven't we voted on the bond issue? $700,000. Why are we waiting for here?
Let's get the money in the bank, what are we waiting here for?
SUPERVISOR HORTON: Mr. Carlin, Mr. Carlin, there is actually no hold up ....
MR. CARLIN: No?
SUPERVISOR HORTON: Would you like my answer?
MR. CARLIN: Yes.
SUPERVISOR HORTON: Okay. Councilman Moore had news for us today, that the
engineering/architectural finn that was looking at our plan, did look at it and is working with, actively
working with involved parties to address some of the questions and Councilman Moore, as well,
reported that at the next Town Board meeting, we should be voting on the resolution involving the
bond for the Animal Shelter. And actually, we directed the Town Attorney today to prepare that
language.
MR. CARLIN: Actually it had no connection waiting for the architects to review it, or anything to get
this bond voted for. It had nothing to do with it. That should have been done before. My god, voting
up for this bond issue, all you need is $700,000 it should have had done nothing to do with waiting
until the architect cleared the plan or anything else. That money should have been in the bank by now
and ready to move. Why do you people, I keep stressing this, take so long to get something done in
this Town? Back to Ed Forrester, why do we need a Code Enforcement Officer for? Let me tell you
something, not alone I save letters, I save agendas back in five, ten years. This is one in May 2, 1995,
when Tom Wickham was Supervisor. He appointed Ed Forrester ....
SUPERVISOR HORTON: If you keep it to rifled positions.
MR. CARLIN: Well, okay then. Back in 1995, that Supervisor at that time, okay, more technical now,
#26, Ed Forrester was appointed Code Enforcement Officer. Now why do we need a Code
Enforcement Officer for? Let me tell you something, it seems very strange, that Karen McLaughlin
here, a good lady, a good worker, she is in charge of the Nutrition Center. You put her in responsible
also of housing, now, do you people know what a two-hatter is? Do you know what a two-hatter is?
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Southold Town Board meeting
COUNCILMAN ROMANELLI: I am afraid to ask.
MR. CARLIN: Let me explain to you what a two-hatter is. We used them in Grummans. A two-
hatter is, in quality control my department, you did air frame inspection and you did electronic
inspection. You did two jobs at once. You couldn't do that in the union, you did two jobs at once.
That is what you call a two-hatter. So why do you need a Code Enforcement Officer for when your
Building Inspector can do the same thing. Make them a two-hatter. If you a making Karen
McLaughlin a two-hatter, that is what she is, actually trying to handle two jobs there. Which she
probably has the ability to do, really, with her background. But if she can do that, why can't you, you
don't even need a $50,000 Code Enforcement Officer for, you can make your Building Inspector who
knows the code, do that job as a two-hatter. That is what I say about that one. And you can save some
money on the budget, too. And by the way, I haven't gotten into 2004 budget but I will be at the
meeting one of these days and show you what my idea of how to get the budget down. I have about 15
items of how to get the budget down.
SUPERVISOR HORTON: Thank you.
MR. CARLIN: I am not done. Don't try to push me, Josh. I don't like people to try to push me
because you let people up here to speak a lot longer than I do.
SUPERVISOR HORTON: I am not pushing you, Mr. Carlin.
MR. CARLIN: Don't push me. Don't be like Tom Wickham with the five minute, oh, don't be like
the Supervisor in 1995 with the automatic five minute timer.
SUPERVISOR HORTON: I will make you a pledge that I will not be like Tom Wickham.
MR. CARLIN: I won't mention your name anymore, believe me, Tom.
COUNCILMAN WICKHAM: Thank you.
MR. CARLIN: It is a free country, we are allowed to say what we want to say it. And I happen to be
the guy who will say what I want to say. I am not afraid to come up here to tell you. I don't go behind
nobodies back. I will tell you right to your face. If somebody in this Town don't like me or don't like
what I am saying, there is the microphone, challenge me on it. But I can back up what I say. That is
about all I got, I guess. I was just told by somebody that you don't seem to have too much interest in
Church Lane, I said, sure, I have a lot of interest in the people that live down on Church Lane. I feel
sorry for them down there. That thing should have been resolved a long time ago. They was there way
before the landfill ever went there. I want to ask you people a question on this Board. Would anyone
ofyous like to live there? And now with that stink pot composting plant that they got there, it must be
ripe after the rain today, the people have to smell that stuff there. How would you like that? The
Town Board in 1989 didn't take all this time to change that zoning. You people shouldn't have to take
all this time to change it back and you don't have to got to go through no courts or anything else. Just
a matter of a stroke of a pen. And you, with these moratoriums, that burns me up when I see all these
moratoriums, that is just stalling for time. Let's face it, you are talking to Frank Carlin now. I know
May 6, 2003
Southold Town Board meeting
49
what is going on in this Town. Oh, the title of those two books, one of the titles I would give this book
on would be "Living in Southold Town" or "Southold Town-Yesterday and Today". Goodnight.
SUPERVISOR HORTON: Thank you, Mr. Carlin, have a good evening. Would anyone else eare to
address the Town Board? (No response) We will close the meeting and I will close this meeting
saying thank you and please again, the families and the people that I mentioned at the beginning of the
meeting, to keep them in your thoughts. Thank you.
* * * * * *
~f~
Linda J. Cooper
Deputy Town Clerk