HomeMy WebLinkAboutTB-04/05/1994210
SOUTHOLD TOWN BOARD
APRIL 5. 199J~
WORK SESSION
Present: Supervisor Thomas Wickham, Councilman Joseph J. Lizewski, Councilwoman
Alice J. Hussie,. Councilman Joseph L. Townsend, Jr., Councilwoman Ruth D. Oiiva,
Justice Louisa P. Evans, Town Clerk Judith T. Terry, Town Attorney Laury L.
Dowd.
9:00 A.M. --The Town Board held a hearing pursuant to Chapter 90 (Unsafe
Buildings) o4 the Southold Town Code with regard to the premises owned by the
~.Estate of Marjorie F. Straussner, 450 main Street, Greenport (SCTM#1000-34~3-21).
Building Inspector Gary Fish testified in this matter. See resolution no. 47 for the
Town Board's decision.
9:25 A.M. -Mary Mulcahy Jackson met with the Town Board to present them with
a draft of "Waste Watch", the first edition of a solid waste information publication
of the Town. The cost will be approximately $1,800, which includes layout and
design, printing (on '100% recycled paper)~and folding, and postage.- After review,
the Board asked Ms. Jackson to streamline it somewhat, and bring back the revision
on April 19th.
9:45 A.M. - Discussion on the bid specifications for disposal of solid waste.
Councilwoman Hussie has been working on this project with Solid Waste Task Force
members Cremers and Romeril. Several options for the term of the contract were
discussed, as well as the possibility of an intermunicipal agreement with other towns.
It was finally agreed that the term would be three years, with two one year
extensions. The first year guaranteed, and years two and three would be subject
tb_a six month escape clause only if an intermunicipal agreement were agreed
upon. There would be no escape clauge in years four and five. Councilwoman
Hussie will take the proposal back to her committee.
11:30 A.M. - Supervisor Wickham and Justice Evans discussed the feasibility report
recently received from Fagan Engineers for the closure of the Fishers Island Metal
Dump. The discussion on this subject was somewhat brief as Fagan is in the
process of t~edrafting ,chapter three to address the question of whether groundwater
~nonit°ring is. important on environmental protection grounds, and to provide a
clearer recommendation of one or more scenarios based on technical and - cost
considerations.
10:40 A.M. Solid Waste Coordinator James Bunchuck made a presentation to the
Town Board on the Fagan Engineers review of the Dvirka & Bartilucci Transfer
Station plans. Fagan submitted a draft revision which appears would be less costly,
and more efficient for unloading municipal solid waste and recyclables. However,
were~Fagan to redesign the plan, and submit it to the DEC for 360 approval, there
would be conSiderable costs. At the conclusion of the discussion, it was agreed that
the Fagan proposal would be submitted to D&B to determine the feasibility of their
redesigning the facility in accordance with Fagan's recommendations.
11:10 A.M. - Supervisor Wickham reported that he and Town Attorney Dowd met
recently-with representatives of the Shelter Island Town Board, who are anxious
to join with Southold Town for the removal of municipal solid waste and recyclables. .
Councilwoman Hussie made the point that taking MSW from Shelter Island would pose
an additional liability to the Town Board, however, the entire Board agreed the
request from Shelter Island should be explored, as long as Shelter Island is
responsible for the expense.
10:30 A.M. - Recess.
'-- APRIL 5, 1994
2 1'1
1t:45 A.M. Councilwoman Hussie led a discussion on Board procedures'.
Supervisor Wickham said he would like to have a meeting of the Board just to
discuss committee structures. He would also like a joint meeting in the near future
between the Southold Town Board and the new Greenport Village Board.
12:1 Councilwoman Hussie brought before the Board the question of offering
;nefits to additional Town officials, provided they pay the premium.
Numerous questions arose, and it was agreed Lawrence Healthcare, the Town's
administrator of health benefits, should be consulted with regard to their experience
in matters of this kind, before going any further.
12:30 P.M. - Brief discussion on the possible creation o.f a Parks Department and
employment of a new employee, possibly a laborer. Supervisor Wickham will set up
a meeting to discuss this further with the Personnel Committee.---Interviews have been
scheduled for April 12th for Assistant Cook, Land Preservation Committee, and part-
time Clerk Typist for the Board of Appeals.
12.:50 P.M. - Recess for lunch.
~'2:05 P.M. - Discussion of proposed "Local Law in Relation to Sidewalks" (see
resolutions 23 & 24); proposed-"Local Law in in Relation to Accessory Buildings or
Structures" (see resolutions 25 & 26); proposed "Local Law in Relation to Salvaging
Centers" (see resolutions 27 & 28); proposed "Local Law in Relation to Recyclables"
(see resolutions 29 & 30).---Authorized Van Tuyl Land Surveyors to prepare
descriptions and maps for proposed changes of zone on the Town Board's own motion
{see resolution 31] .---The Town Board now addressed the proposed findings and
commencing the lead agency coordination process for those parcels they propose to
change from Hamlet Density to R-80 Districts. The following resolutions were placed
on the agenda: Nos. 32 & 33:- Kace Realty Co.; Nos. 34 & 35 John Geier &
Another; Nos. 36 & 37 - LBV Properties; Nos. 38 & 39 - San Simeon Retirement
Community, Inc.; Nos. 40 .& 41 John G. Siolas & Catherine Tsounis; Nos. 42 &
43 - Jem Realty Co.
3:35 P.M. - Neboysha Brashich, Margaret Brown, and Victor Brown, members of
the Stewardship Task Force/North Fork Planning Conference Transportation
Committee, met with the Town Board to discuss the creation of a Southold Town
Transportation Committee. The proposed charge to the committee, and the number
of mel~lbers (9)and recommended areas of expertise, was discussed. As a result of
this discussion the Town BOard placed resolution no 44 on the agenda to create the
Transportation 'Committee, appoint Brashich, Brown, Brown, and. 'Robert Bayley,
and to give the charge to the Committee. The Board also placed a resolution on
the agenda (no. 45) to advertise for resumes for five additional members.
_4:05 P.M. - Supervisor Wickham reported that he had a discussion with Stephen
Jones, Director of the Suffolk County Department of Planning, regarding funds for
'the acquisition of farmland development right sin the Town of Southold. The County
has earmarked $500,000 in support for acquisition in Southold Town, contingent upon
Southoid demonstrating our interest in the program. The Board discussed the
possibility of placing another bond issue on the ballot in November, 1994 or 1995.
There did not seem to be any question it would go forward either this year or next,
and Supervisor Wickham was asked to convey the Board's interest in the County's
program to County Executive Gaffney.
4:15 P.M. - Councilwoman Oliva brought to the Town Board's attention the fact that
the following recommendations of the Stewardship Task Force will be discussed at
the April 12th Code Committee meeting: Accessory Uses in Wineries, and revisions
.to the Bed and Breakfast Ordinance/Country .Inns.
EXECUTIVE SESSION
4:25 P.M.. - On motion of Supervisor Wickham, seconded by Councilwoman Hussie,
it was Resolved .that the Town Board enter into Executive Session to discuss
litigation. Vote of the Board: Ayes: Supervisor Wickham, Councilman Lizewski,
Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans.
5;00 P.M. - The Town Board reviewed the resolutions to be voted on at the 7:30 P.M.
Regular Meeting.
5:10 P.M.- Work ~ession adjourned.
2'12
REGULAR MEETING
A Re.cjular Meetinc/ of the Southold Town Board was held on April 5.
'~99t~. at the - Southold Town Hall. Main Road. Southoid. New York.
· Wickham opened the meeting at 7:30 P.M. with the Pledge-~of
i~cJiance to the Flag..
Present: Supervisor Thomas H. Wickham
_ Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Councilman Joseph L. Townsend, Jr.
Councilwoman"Ruth D. Oliva
Justice Louisa P~ Evans
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
SUPERVISOR WICKHAM: Tonight's meeting we have some 50 resolutions to
enact, and we have three public hearings to conduct around 8:00 o'clock.
We'll begin at this time with a motion to' approve the audit of bills of
April 5th.
Moved by Councilwoman Oliva. seconded by Councilwoman Hussie. it was
RESOLVED that the foll0wlnq bills be and hereby ordered paid: General
Fund Whole Town bills in the amount of $96,807.24; General Fund Part Town
bills in the amount of $14.951.10; Nutrition Fund bills in the amount of
$1.845.56;. Home Aide Program bills in the amount of $222.92; SNAP
Program bills in the amount of $157.50; EISEP Program bills in the amount
of ~3,00; Community Developement Fund bills in the amount of $432.00;
-Highway Fuhd Whole Fund bills in .the amount of $10.331.74; Highway Fund
Part Town bills in the amount of. $2.765.70; Scavenger-Waste Facility bills
in the amount of $6.062.23; Employee Health Benefit Plan bills in the
amount of. $36.731,06; Fishers Island Ferry District bills in the amount of
Refuse~and Garbage, District bills in the amount of $37.409.36;
, $ Trust bills m the amoUnt of .$4.708.72; Fishers ISland
Ferry ~ S TrUst bills' in-the amount of $524.0z~.
Vote 'of the Town Board: Ayes: 'Justice Evans. Councilwoman Oliva.
Councilman Townsend. Counc|lWoman Hussle. Councilman Lizewski.
Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR wICKHAM: Approval of the minutes of March 22nd.
Moved by Councilwoman Hussie. seconded by Supervisor Wickham. it was
RESOLVED that the'minutes of the March 22. 1994. Town Board meetinc~ be
and hereby approved.
-Vote of the Town Board: Ayes; Justice Evans. Councilwoman Oliva.
,Councilman Townsend. Councilwoman Hussie. Councilman Lizewski.
Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: And the 'next meeting.
Moved by Jusitce Evans. seconded by Councilwoman Oliva. it was
RESOLVED that the next rectular meetinq of the SouthoId Town Board will
be at 4:30 P.M.. TUesday. March 22. 1994. at the Southoid Town Hall.
Southold New York.
'Vote of · the Town Board: Ayes: Justice Evans. Councilwoman Oliva.
Councilman Townsend. Councilwoman Hussie. Councilman Lizewski.
Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR 'WICKHAM: Our agenda, that you may all have gotten copies
of outside, the door. there's a series of reports, that have been made
available to the Board. and on the second page. a series of public notices.
and listing of the public hearings for 8:00 o'clock.
I. REPORTS.
213
1. Southold Town Recreation Department Monthly Report for March.
199~..
2. Southold Town Supervisor's Monthly Budget Report ending December
31, 199[[.
3. Southold Town Supervisor's Monthly Budget Report endin9 January
31, 199ti.
ti., Southoid Town Supervisor's Monthly Budget Report. ending February .
28
ram for the C:sabled March Events.
y Develo/:,~nent Office Monthly Report for
199[[~
SOuthoid Town Justice Tedeschi Monthly Court Report for March.
7;
8.
Southold Town Building Inspector's Monthly Report for March. 1994.
9, -Southold Town Cler,k's Monthly Report for March. 199ti.
10, Southold Town Justice Evans Monti~ly Report for March. 199ti.
II. PUBLIC NOTICES.
Burden
Town
ineers. New York District. application of Richard
bulkhead and dredge with attendant bacl<fil~
at James Creek. Great Peconic Bay at Mattituck.
County. New York. Comments by April 18. 1994.
2. Corp of Army Engineers. New York District. application of
Shamrock !~,Oyster Company for shellfish cultivation in Southold Bay.
Shelter Island SOund. Town of Southold. New York. Comments by April 28.
3. Southold .Town Highway Department Spring Leaf and Brush Clean-up.
III. COMMUNICATIONS. None
IV. PUBLiC,HEARINGS.
1. 8:00 P~M.. a proposed "Local Law in Relation to Wetland
Applications, ~
2.. 8:,05 P.M.. a proposed "Local Law in Relation to Mooring Permits".
3. 8:10 P.M.. a proposed "Local Law in Relation to Landmark
Preservation".
V. RESOLUTIONS.
SUPERVISOR WICKHAM: We're ready to embark upon our resolutions for
tonight, and I'll just remind the audience, that anyone who wishes can take
this opportunity to address the Board on matter pertainin9 to these fifty
some resblutions in five minutes or less. After the resolutions are
finished. ~ve will entertain any comments from the audience on any subject.
Yes. sir?
.TOM SAMUELS: Tom Samuels from Southold. I notice a resolution here. I
just wanted to question the Board about it. Resolved that the Town Board
has auth0~ized ~;n exchange of Code Books 'between the Town of Southold.
and the ToWn of Easthampton. That's sort of a formal arrangement for
the town to be embarking on. I'm aware that you can go to the Town of
Easthampton, and buy the Code Book for. I think, it's two and a h~lf
bucks. It would seem to me that why we re doing this. because the Town of
Easthampt°n has a reputation in my mind. having .dealt there for some
time. as l being extremely regulatory conscious, a great many regulations.
some of Which '1 follow ~vith. I would like to thin[( that this town is not
embar~king;:on a quest. Is there some explanation for an exchange of Code
Books'? ~/hat is t~at?
SUPERVISOR WICKHAM: The exchange is basically to save money, we
occasionally refer to other town's ordinances, and Codes. and rather than
paying for, their" books, we've agreed to exchange them one of ours for one
~f theiFs.. They're actually interested in what we're over here. We also
stand to benefit from what some of the other towns are doing, so we agreed
to exchange books, rather than shell out any money.
COUNCILWOMAN OLIVA: We have them from Riverhead. and Southanpton.
TOWN CLERK TERRY: Shelter island just last month we got Shelter Island's.
COUNCILMAN TOWNSEND: Tom, we're not planning to pull out theirs.
and stick it in ours. if you're concerned about that.
TOM SAMUELS: Well. I had planned on addressing the Board after the
resolUtiOns were voted on. on that very same matter, as a Southolder .
pu /. ! want that understood. Not representing anybody else but lmyseif.
concer~. Joe. I noticed, for example; in the Burger ,King
t have not taken a stand, and I'm not taking a stand now.
a great many Town Codes Were Pesearched. looking for' definitions.
etc. e Town Attorney had great knowledge in California
on t concerns me deeply that given the economic situation in
the .town. etc...and I'll .address tl~at 'for you. as a Southoider purely.
that we. be very careful in adopting regulations, which~ may in fact be
dvetrimental in some way to the town. I think we have to be very. very.
ery. '~areful. and that's why I come to Town Board meetings, as a citizen.
I'm. just makin.g a point, that the Town of Easthampton has a reputation of
being, very stmngent on just about everything. Thank you.
SUPERVISOR WICKHAM: A comment on one of the resolutions for tonight?
;ARLIN:' Frank Carlin. !tem 10. road application for the
what are those items3
SUP.ERVISOR .WICKHAM: Polymer modified bituminous single course asphalt
aPPlicatiOn: 50% liquid ,asphalt application with sand. The third one is
liquid ~sPhalt application with sto~e, and the fourth one is asphalt road
material grades, RC-2: and MC-2.
FRANK CARLIN: That's the mix for the road. right?
SUPERVISOR WICKHAM: Various kinds of asphalt for the road surs=acing.
TOWN CLERK TERRY: Four separate bids. Frank.
FRANK CARLIN: At the last Town Board meeting, you okayed 150.000.00
square feet of blacktop, right? Then there's another one here I don't quite
understand, maybe you can help me out. As many years I've lived ,in
Southold Town. over forty years, number 23 here. Sidewalks. it's effect on
the environment. I don't understand why a sidewalk is going to have some
kind of effect on the environment. I don't understand' what you mean by
this. Does sidewalks have an effect on the environment?
SUPERVISOR WICKHAM: The Town Board is considering tonight a resolution
to chan9e the Town Code as pertains to sidewalk. Anytime we change the
Code of,the Town. or wish to change the Code of the Town of Southold. we
need to assess whether there will be any environmental impact to what we're
doing, and that resolution basically pertains to whatever environment impact
we will have in undertaking this question about sidewalks. It's a
proferment; ~equirement. that's basically in connection with the SEQRA. State
Environmental Quality Review Act.
FRANK CARLIN: live lived in this town for over forty years, and I've
come to many B.oard m.eetings, and I never seen these last .four months so
many changes m zonings, and everything, like this going here. you
know. EVery,time ! look at a resolution it's something about changing a
Zoning Law. changing this or that. you .know.
rSUPER.VISOR WICKHAM: Thank you. Frank. Any otheP comments about our
eSolutmns for this evening? (No response.) Would someone like to begin
with the first resolution?
Moved by Councilwoman Hussie. seconded by Supervisor Wickham. it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
~vnnd directs the Town Clerk to advertise for bids for Solid Waste Hauling
d Disp°S~! Services. to begin on .July 10. 199[t.
ote ot; the Town Board: Ayes: Justice Evans. Councilwoman Oliva.
Councilman Townsend. Councilwoman Hussie. Councilman Lizewski.
Superv!sor. Wickham.
This resolution was duly ADOPTED.
215
APRIL 5, 1994
.izewski, seconded by Councilwoman Oliva. it was
the Town Board of the Town of Southold hereby
Books between the Town of Southoid and
Boal-d: Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie. Councilman Lizewski.
Ti
duly ADOPTED.
Feconded by Councilwoman
R ~ Board of the Town of Southol, :es
a Samuels $ Steelman Architects~ which sum
payment ilding permit for Barbara Reiter S
others.
3.-Vote' of the Town Board: Ayes: Justice Evans. Councilwoman Oliva.
Councilman Townsend, Councilwoman Hussie. Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
seconded by Justice Evans, it was
'Board of the Town of Southold hereby ac~__q~_~
rate schedule of Smith, Fini~eistein,
~he ~ firm t-~t represents the Town
Litigation: Partners - $150 per hour:
Legal Assistants - $80 per hour; and be it
the Town of Southold shall also be respOnsible for
which include court costs, process server fees,
witness fees for both reports and
messenger services,
Charges, facsimile transmittals.
Board:
Ayes: Justice Evans. Councilwoman Otiva.
ilwoman HUssie, CoancHman : Lizewski,
was duly iADOPTED.
seconded by Councilwoman Oliva,
~d of the Town of Southold has asked the
plan and hold Hamlet Meetings on April 9. 1994;
and
WHEREAS; the success of these meetings will be dependent upon
participation by large numbers of Southold Town residents; now, therefore,
be it
F the-Town Board hereby authorizes .700.00 of
all
proposal, and chargeable
: Ayes: Justice Evans. Cot
d. Councilwoman Hussie. COuncilman
~ with the
Grant.
Oliva,
Lizewski,
This resOlution was duly ADOPTED.
the
i From:
msend, seconded by Supervisor Wickham, it was
of the Town of South01d hereby :authorizes
modification to the General Fund - Whole Town
ng and beach sand repleni!shment project:
Beaches, COntractual Expenses $ ~,.000.00
A7110~1 Parks, Personal Services $ ~,000.00
Board: Ayes: Justice Evans. Councilwoman Oliva,
Councilwoman Hussie. Councilman Lizewski.
~DOPTED.
seconded by Justice Evans. it was
Board of the Town of Southold hereby authorizes
[. modification to the General Fund-Par~-Town to
settlement:
Town Attorney. Contractua! Expenses $ 22,000.00
83620.1 Safety Inspection. Personal $ 22.000.00
7.- Vote of. the Town Board: Ayes: Justice Evans. Councilwoman Oliva.
Councilman Townsend. Councilwoman Hussie. Councilman Lizewski.
Supervisor Wickham.
This resolution was duly ADOPTED.
8.--Moved by Supervisor Wickham. seconded by COuncilwoman Oliva. it was
RESOLVED that the Town Board of the Town of' Southoid hereby appoints
Stephanie G~aseck as a full-time seasonal Clerk Typist for the Assessors
Office. effective May 16 ~; 17. 199~, and June 1~ 199~ through August 26.
199z[. 35 hours.per week. at a salary of $6.00 per~ hour.
8.-,Vote of the Town Board: Ayes: Justice Evans. Councilwoman Oliva.
COuncilman. ToWnsend. CouncilWoman Hussie. Councilman Lizewski.
Supervisor Wickham.
This resolution was duly ADOPTED.
9.-Moved by Councilwoman Oliva. seconded by Councilwoman Hussie. it was
RESOLVED that the Town Board of the Town of Southoid hereby requests
the-New 'York State Department of Transportation to conduct a traffic
Sul eler Street. Southold. between Horton Lane and You ngs
purpose of reducing the 35 mph speed limit due to the
Traveler Street because of the Post Office.
9.- Board:,. Ayes: Justice Evans. Councilwoman Oliva.
Councilwoman Hussie. Councilman, Lizewski.
iution was ,duly ADOPTED.
10.-Moved by Councilman Lizewski. seconded by Justice Evans. it was
RESOLVED that the Town Board of the Town of Southotd here authorizes
and ,directs. the. Town Clerk to advertise for bids for the following road
application i~.e,ms~.for the-Superintendent of Highways. ali in accordance with
the bid specifications!.
. 1. P;3iYmer modified bituminous single course application; '.
2. 50%Mc 250 and 50% RC 250 liquid asphalt aiJplication with sand,,
3. RC 250 liquid asphalt application with stone.
ti: Purchase and application of asphalt road materials.
[Grades RC-2 and MC-2)
10.-Vote of the Town Board: Ayes: Justice Evans. Councilwoman Oliva,
Councilman.: ToWnsend~ Councilwoman Hussie. Councilman Lizewski.
Supervisor Wickham.
This resolution was duly ADOPTED.
1
of
Town Plan
11.-Vote of
Councilman
Super~
seconded by Councilwoman Oliva. it was
of the Town of Southold hereby approves
revised bond estimates for roads and improvement
Ivlslon known as Mooresland: Phase I in the amount of
amount of $1~5.~16.00; Phase ill in the amount
;in accordance with the recommendation of the Southold
and Engineering Inspector James. A. Richter.
Ayes: Justice Evans. Councilwoman Oiiva.
Councilwoman Hussie. Councilman Lizewski.
ADOPTED.
SUPt KHAM: We'have tonight two standard policies of the Board
to first one is a policy in regard to investments
undertal?n~:by'~the Town of Southold. This first one is an investment policy
that basically 'Safeguards the funds that the town has on deposit in various
banks, and i~e're required to have such policy.
reso
behalf
Il. OBJ
12.-Moved by Supervisor Wickham. seconded by Councilwoman Hussie. it was
RESOLVED ~:~at the Town Board of the Town of Southoid 'hereby reaffirms
the "Investment Policy for the Town of Southold'~. which reads as follows:
INVESTMENT POLICY FOR THE TOWN OF SOUTHOLD.
I. SCOPE
policy applies to all moneys and Other financial
investments on its own behalf or on behalf or on
y or individual.
The primary objectives of the local government's investment activities
are in priority order.
* to conform with all applicable federal, state and other legal
requirements | legal);
* to adequately safeguard principal [safety);
* to provide sufficient liquidity to meet all operating
requirements (liquidity); and
* to obtain a reasonable rate of return (yield)
I II. DELE.GAT !ON OF AUTHOR I TY
The gOverning board's responsibility for administration of the
inves.t.ment ..p?ogram js delegated to the chief fiscal officer, who shall
estabhsh wr;i~t~ PrOcedures for the operation of the investment program
consistent with these investment guidelines. Such procedures shall include
an adequ,a..t.e internal control structure to provide' satisfactory level of
accountability based on a data base or records incorporating description and
amounts of inveStments, transaction dates, and other relevant infor.,ation
and regulate the activities of subordinate employees.
IV. PRUDENCE
All process shall seek to act responsibly
as c~ trust and shall avoid any transactions that
:e in the Town of Southold to govern effectively.
I be made with judgement and care. under circumstances
then persons of prudence discretion and intelligence
ament of their own affairs, not for speculation, but
for the safety of the principal as well as the
to be derived.
pants involved in the investment process shall refrain from
activity that could conflict with proper execution of the
or which could impair their ability to make impartial
V. Di
i
of the Town of Southold to diversify its deposits and
~ncial institution, by investment instrument, and by
VI.
It
fi
spec
an i
ass[
VIi.
SI
~Name
CONTROLS
icy of the Town of Southold for all moneys collected by any
of the government to transfer those funds to the chief
30 days of deposit, or within the time period
ichever is shorter.
responsible for establishing and maintaining
re to provide reasonable, but not absolute.
vestments are safeguarded against loss from
position, that transactions are executed in
authorization and recorded property, and are
)licable laws .and regulations.
DEPOSITA R I ES
companies authorized for the deposit of monies up
amounts are:
Maximum Amount Officer
:~ver Acct.) only
onal Bank
Bank
North FOlk Bank
Viii..COLLATERALIZING OF DEPOSITS
1.000.000
5.000.000
5,000.000
1.000.000
100.000
1.000.000
Mary Ellen Johnson
Richard Noncarrow
Richard Noncarrow
Ann Nestor
Anthony Serio
Walter Krupski
in accordance with the provisions df General Municipal Law.}10. all
the Town of Southold. including certificates of deposits and
deposits, in excess of the amount insured under the provisions
Insurance Act shall be secured.
1. By a pledEe of "eli~'_'ble securities" with an aE~'eEate "market
value", or ~0vided by General Municipal Law, §10, equal to the
aEEre$~te amount of deposits from the cateEories desiEnated in
Appendix A to the policy.
2 18.-APRIL S, 1994
2~ By an eligible "irrevocable letter of credit" issued by a
oualified bank other than the bank with the deposits iii favdr
~ +~ ...... ~-ent ~0r a ~erm not to exceed 90 days with an
aggregate value equal to 140~ of the aggregate ..amount of deposits
and the agreed uuon interests if any~' A qualified bank is one
whose commercial paper and other unsecured short-term debt
obligations are rated in one of the ,three highest rating
categories by at least one nationally recognized stat/st/cai
rating or~nlzation or by a bank that is in compliance with
-applicable federal minimum risk-based capital requirements.
3. By an eligible surety bond payable to the government for an
· ~
-mount at least equal to 100 o of the aggregate amount of deposits
a~;d' -interest, if anY, executed by an insurance
[ to do business in New Yot-k State, whose
' is rated in the highest ~ting category
by at least two. na~.'ionally recognized statistical rating
or~aniza~/ons. -
IX. SAFEKEEPING AND COLLATERALIZION
Eligible security used for collateralizing deposits shall be held by the
depositary or a third party bank or trust company subject to security and custodial
agreements ·
The security agreement shall provide that eligible securities, are being pledged
to secure local government deposits together with agreed upon interest, if any, and
any costs or expenses arising out of the collection of such deposits upon defaults.
It shall .als0 provide .the conditions under which the securities may be sold,
presented for payment, substituted or released and the events which will enable the
lo~al government to exercise its rights against the pledged securities. In the
event that the securities are not registered or inscribed in the name of the local
government, such securities shall be delivered in a form suitable for transfer or
with an assignment in blank to the Town or its custodial bank.
The custodial agreement shall provide that securities held by the bank or trust
company, or agent of and ct~stodian for', the local government, will be kept
and apart from the general assets of the custodial bank or trust company and will
llot, in any circumstances, be commingled with or become part of the backing for
any other deposit or other liabilities. The agreement should also describe that the
custodian shaH' confirm the receipt, substitution or release of the securities. The
for the frequency of revaluation Of eligible securities and
~ securities when. a change, in the rating of a security may
for ,. SUch agreement shall include all provisions necessary to
provide the local government a perfected interest in the securities.
PERMITTED INVESTMENTS
As authorize'd by Gencral Municipal Law, §11, the Town of Southoid autho~zeu
the chief fiscal officer to invest moneys not required for imn,edia~e expenditure for
terms not to excee, d its 'projected cash flow needs in the following types of
investments:
* Special time depnsit accounts;
* Certificates of deposits;
* Obligations of the United States cf America;
* Obligations guaranteed by agencies of the United States of America
where the payment of principal and interest are guaranty, ed by the
United States of America.
* Obligations of the State of New York;
* Obligations issued pursuant to LFL §24.00 or 25.00 (with
· approval of the .State Comptroller) by any municipality, school
district or district corporation other than the Town of Southold.
* Obligations of-public authorities, public housing authorities
urban renewal agencies and industrial development agencies where
the general State statutes governing such entities or whose
specific enabling legislation authorizes such investments.
* C~rtifieates of Participation (COPs) issued pursuant 'to GML,
109-b;
* Obligations of this local government, but only with any moneys in
a reserve fund established pursuant to GML, §6-c, 6-d, 6-e,
67g, 6-h, 6-j, 6-I,.6-m, or 6-n.
AH investment obligations shall be payable or redeemable at the option of the
Town of Southold .within such times as the proceeds will be needed to meet
eXpenditUres for purposes for which the 'moneys were provided and, in the case of
obligations PUrchased With the proceeds of bonds or notes, shah be payable or
redeemable at the option of the Town of Southold with_in two years of the date of
purchase.
XI. AUTHORIZED FINANCIAL INSTITUTIONS AND DEALERS
The Town of Southold shall maintain a Hst of financial institutions and
dealers approved for investment purposes and establish appropriate limits to the
amount of investments which can be made with each financial institution or dealer.
All financial institutions with which the local government conducts business must be
credit worthy. Banks shall provide their most recent Consolidated Report of
Condition (Call Report) at the request of the Town of Southold. Security dealers
not affiliated with a bank shall be required to be classified as reporting dealer
affiliated with the New York Federal Reserve Bank, as primary dealers. The chief
fiscal officer is responsible for evaluating the financial position'and ma~ntein~ng
a listing of proposed depositaries, trading partners and custodians. Such listing
shah be evaluated at least annualIy.
XI. PURCHASE OF INVESTMENTS
The 'chief fiscal, officer is authorized to contract for the purchase of
investments:
1. Directly, including through a repuz'chase agreement, from an
authorized trading partner.
By participation in a cooperative investment program with another
authorized governmental entity pursuant to Article 5G of the
General Municipal Law where such program meets all the
requirements set forth in the.Office of the State Comptroller
Opinion No. 88-46, and the specific program has been authorized
by the governing board.
By utilizing an ongoing investment program with an authorized
tracking partner pursuant to a contract authorized by the
governing board.
All purchased obligations, unless registered or inscribed in the name of the
'local ~government; shall be purchased through, delivered to and held in the custody
of a bank or trust company. Such obligations shall be purchased, sold or presented
for redemption or payment by such a bank or trust company only in accordance with
prior written authorization from the officer authorized to make the investment. Ail
such transactions shall be confirmed in v~iting to the Town of Southold by the bank
or trust company. Any obligation held in the custody of a bank or trust company
shall be held pursuant to a written custodial agreement as dascribed in General
Municipal Law, §10.
The custodial agreement shall pr,vide that securities held-by the bank or trust
company, as agent of and custodian for, the local government, will be kept separate
and apart from the general assets of the custodial bank or trust company and will
not, in any circumstances, be .commingled with or become part'of the backing for
any other deposit or other Habilities. The agreement shall describe how the
custodian shah confirm the receipt and release of the securities. Such agreement
shall include all provisions necessary to provide the local government a perfected
interest in the securities.
2 2 0-:.- AP-RI"L'5; 199.
.XIII.
REPUltCHASE AGREEMENTS
.Repurchase agreements are authorized subject to the following restrictions:
* All repurchase agreements must be entered into subject to a
Master RepurChase Agreement.
* Trading..'partners are. limited, to banks or :rust companies.
authorized to do business m New York State and przmary
reporting dealers..
*' Obligations shall be Hmited to obligations of the United States
-of America and obligations guaranteed by agencies of the United
States of America.
~ No substitution of securities will be allowed.
* T. he custodian shall be a party other than the trading partner.
COUNCILMAN TOWNSEND: I have a question on the motion. I just didn't
notice this earlier on going through the resolutions on designation of
depositories.
SUPERVISOR WlCKHAM: That we did before.
COUNCILMAN TOWNSEND: In this. i know we specified North Fork Bank.
and this is not specified in this.
TOWN CLERK TERRY: it will be. Actually we just reapproved what we
had. but we ,should 'add that. I'll put reaffirmed, and amend. I'!1 make a
note of that right now. and it will be there before it's copied again.
SUPERVISOR WICKHAM: To include the North Fork Bank. which had been
inadvertently left off from last year. So. the motion is moved and seconded.
12.-Vote of the Town Board: Ayes: Justice Evans. Councilwoman Oliva.
Councilman Townsend. Councilwoman Hussie. Councilman Lizewski.
SuPervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: The second of these policies is a policy in regard
to the town employee assistance.
13.- Moved by Supervisor Wickham. seconded by Councilwoman OIiva. it was
RESOLVED that.the Town Board of the Town of Southold hereby reaffirms
the "Policy on Southold Town Employee Assistance Proqram". which reads
as follows:
POLICY ON SOUTHOLD TOWN EMPLOYEE ASSISTANCE PROGRAM
-WHEREAS. it has long b~en ~ecognized that alcohol and other substance
abuse as well as other personal problems have serious impact on the health.
welfare, and social life of the individual, and his other family, and
community; and
WHEREAS.-the use of alcohol and substances, as well as other problems of
employees:are ,of imm. e,diate concern to the Town of Southold. as an employer
when it resUlts in a job-impairing problem; and
WHEREAS. job-impairing problems have been recognized as any condition of
abnormal behavior resulting directly or indirectly from the chronic and
-habitual use of alcohol beverages or other substances or the inability to
cope with~other personal problems; and
WHEREAS. the Town of Southold has created an Employee Assistance
Program which the Town may consult with for additional expertise; and
WHEREAS~ experience indicates that employee assistance programs constitute
an effective means for ameliorating difficult personal problems; and
WHEREAS. it is essential and desirable that all Town departments participate
in a unified program to combat alcoholism, substance abuse, and other
job-impairing -problems in a humane and constructive manner; now.
therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby adopted the
following POLICY AND -PROGRAM on ,the SOUTHOLD TOWN EMPLOYEE
ASSIST~,NCE PROGRAM:
SECTION 1 ;POLICY
a)T~ Town government, as an employer, is concerned and will take
appropriate action when an employee experiences a job-impairing
problem.
b)A: job-impairing problem exists whe. n the employee's competent or
safe per{ormance of his other assigned duties or dependability
in P~rf0rmance apparent.
c)lt is Town policy that the employing department initiate
non-disciplinary-procedure which the employee is offered
assistance when experiencing per~sonal problems
_ job Performance.
; not to be construed as waiving manage,ment's
, to maintain discipline or its mandate ~;3 invoke
disciplinary, Proceedings in the. event of misconduct which may
reSult from, or'be associated with, the use or abuse of
or untreated emotional problems.
SECTION;
3rogram contained in this resolution shall apply
to all ToWn em[ fees.
SECTION 3. EMPLOYEE ASSISTANCE PROGRAM
The Town of S0utho]d has contracted for an Employee Assistance
by Lighthouse Counseling Cente~. 8 East
New, York 11901. This agency will provide
Ioyees consistent with established p~ocedures
rvisor shall be responsible for coordinating
ram on a Town-wide basis, and shall
directives and instructions to Town department
~sistent with the policies enumerated in the
SECTION
c)
13.- Vote of
Coun
Supervisor ~ickham;
shall have job security or promotion opportunities
,. a request for counseling or referral. 'assistance.
nature of Employee Assistance Program records of
hall be preserved in the same manner as ali other
s but not in their personal record files.
has exhausted sick and annual leave balances.
may under certain conditions and at his or her
the employee a medical leave'of absence without
r a prescribed program of rehabilitation treatment.
Ayes: Justice Evans. Councilwoman Oliva.
Councilwoman Hussie. Councilman Lizewski.
This resolutk)n was duly ADOPTED.
lq;-
14.--
the
woman Oliva. seconded by Justice Evans. it was
of the Town of Southold hereby authorizes
et modification to the Southold Wastewater Disposal
funds for the Rock Trap evaluation, and |2)
to Capital Fund for Bensin Contracting's final
Capital Reserve. Contractual Exp.
Evans.
payment: :'~
To:
SS1.8130. Sewage Treatment
SS1.9901.9 Transfer to Other Funds
From:
SS1.87~0.4
Vote of the. Town Board: Ayes: Justice
Council.man . Townsend. Councilwoman
Supervisor W~'Cl<ham.~
This resolution was duly ADOPTED.
$1,575.00
$ 3, ~75.88
Hussie.
$ 5.050.88
Councilwoman Oliva.
Councilman Lizewski.
15.-Moved by Councilwoman Hussie. seconded bY Councilwoman Oiiva. it was
RESOLVED that the Town Board Of the Town of Southold hereby accepts
h °
t e btd of Geor,qe Maivese & Co.. Inc at a total amount of $97.200°00.
for i~ SUPpl¥in9 ~ ~he Southol.d Town HighwaY Department with one (1)
FoUr'Wl~el ~elf-Propelled 'PtCkuP' Street Sweeper (1TE~.DB ~-Wheel Mobil
ill i'n accordance with the, bid specifications.
_15,-Vote Board: Ayes: Justice Evans. Councilwoman Oliva.
Coup ncilWoman Hussie. Councilman Lizewski.
Sup :ham.
This resolution was duly ADOPTED.
oo
16.-Moved by Councilman Lizewski. seconded by Councilman Townsend. it was
RESOLVED 'that-the Town 'Board of the ~own of Southold hereby authorizes
and · directs,-;: Supervisor Thomas' Wlckham to execute
Agreement between the Suffolk County Office for the Aqin(~ and the Town of
S uthold for the Supplemental Nutrition Assistance Program (SNAP). for the
period of 'April 1. 199ti throUgh 'M~rc~h 31; 1995.' at a total budget not to
exceed $31~510.00. all. in aCcord~ince: with:th~ approval of the Town Attorney.
16.-.Vote of the TOwn Board: Ayes: Justice Evans. Councilwoman Oliva.
- Councilman 'ToWnsend. CouncilWoman Hussie; Councilman Lizewski.
Supervisor Wickham.
This resolution was duly ADOPTED.
17. - Moved
WHER
d
and
,Justice Evans. seconded by C0uncilwo.m. an Oliva.
table Federal funding for the Overlay Runway
and 7-25 (1.9u.0 :x 75~) including all related surface
signing and associated drainage at
I slanct. New York. has beenr approved; and
deerned~ Consistent wil~h sound ti'ansportation
icy and Planning 'concepts for New York State participation;
WHEREAS. the Federal share of the 9rant amounts to $1.~08.908. the State
share amounts, to $78.273. the local share amounts to $78.2-73 for a total
amount of ~$1.565.tt52; now. therefore, be it
RESOLVED. that the Town Board of the Town of Southoid enter ,[~to an
~ith 'the New York State' Department 'of TransportatiOn. for
not to exceed $78.273. State PIN NO~. 091308. for the
12-30 and 7-25 including ali related surface preparations
inCludi . ma~king, signi.ng and asSociatedl dPainage of Elizabeth
Fi, Island New Y0rk; ~and be it
ToWn Board hereby authorizes and directs
as Wickham to execUte documents :f~r this project on behalf
of ,ithe Town', of Southold.
'17.- Vote of'the Town Board: Ayes: Justice Evans. Councilwoman Oliva.
Councilman TOwnsend. Councilwoman Hussie. COuncilman Lizewski.
Supervisor Wickham.
This resolution :was duly ADOPTED.
18.
To:
Revenues
'B2705 Gifts & Donations
Appropriations
B3157.tl Juvenile Aide' Bureau. Contractual Expenses
seconded, by Justice Evans. it was
Board of the Town of SoUthold hereby authorizes
et modification to the General Fund - Part Town to
:fUnds for D~A,R.E.' pens and pencils:
$ ~5.00
$ ~5.00
18.- Vote of the TOwn Board: Ayes: Justice Evans. Councilwoman Oliva.
Councilman, TOwnsend. Councilwoman- Hussie. Councilman Lizewski.
Supervisor Wickham.
This resolution was duly ADOPTED.
19,- Moved by Supervisor Wickham. seconded by Councilman Townsend. it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the $156.000 Letter of Credit from Moores Lane Development Corp. as a
bond for roads and improvements in the major subdivision of Mooresland at
Greenport. Phase !, all in accordance with-the Town Board's resolution no.
11 of this date acceptin9 the bond amount as recommended by the $outhoid
Town Planning Board and Engineering Inspector Richter.
-Vote of the Town B°ard: Ayes: Justice Evans. Councilwoman Oliva.
CounCilman Townsend. Councilwoman Hussie. Councilman Lizewski.
Supervisor Wickham.
This resolution was duly ADOPTED.
APR!L 5, 1994
223
20. seconded by Councilwoman Hussie. it was
Board of the Town of Southold hereby authorizes
of the Fishers island Ferry District to accept
Thames~ ShiPyard $ Repair Co., New London, COnnecticut,
and into a. contract, for drydocking the MV MUNNATAWKET, alt
in ac.cordance with the bid specifications: Base bid- $23,~u~0.00, and the
following 'SupPlemental work as may be found necessary or required by a
latory authority after'the vessel is on drydock: {a) removal and
$ 1,600.00; [b) renewal ,..of strut bearings -
an0~es [zinc) renewals - $50.00 each; Id) change
~ each.
20.- Board: Ayes: Justice Evans, Councilwoman Oliva,
Townsend. Councilwoman Hussie. Councilman Lizewski.
Supervisor. Wickham.
This resolution Was duly ADOPTED.
21.--
an(
In
Councilwoman Oliva. seconded by Justice Evans, it.was
Board of the Town of Southold hereby authorizes
to advertise for summer emPioy¢e~, namely
Water Safety Instructors, ;nc~-~ygroun~!
said advertisements to be made -to A7180.4.
21.- ~ Ayes: Justice Evans. COuncilwoman Oliva.
Su Hussie. Councilman Lizewski.
This reso luly ADOPTED.
22.-Moved by CounCilman Townsend. seconded by Councilwoman Oliva. it was
RE T~wn Board of the Town of Southold hereby authorizes
'in the amounts of $35.00 [payable i~o Lo~-~ ~
Lemure 6th Annual Spring conference to be held on
22.--
Board: Ayes: Justice Evans. Councilwoman Oliva,
Councilwoman Hussie. Councilman Lizewski,
SuperviSor Wi
This resolution was duly ADOPTED.
RI
of
Hussie. seconded by Councilwoman Otiva. it was
~ant to Article 8 of the Environmental Conservation
Quality Review Act. and 6NYCRR Part 617.10.
Code of the Town of Southold. notice is hereby
n Board. in conducting an uncoordinated review
action, has determined that there will be no significant
free
side~
23.- Vote
A proposed "Local Law in Relation to
a new Chapter 80 (Sidewalks) to the'Code of the
Which requires each owner or occupant of any house or
and any owner or person entitled to possession of any
[ any person having charge of any chur~:h or any public
during the winter season or during the time snow
keep the sidewalk in front of the lot or house
by 'snow or ice and icy conditions, and keep the
a clean condition, free from filth, dirt, weeds, or other
or encumbrances. This amendment has been determined not to
effect on the environment because an Environmental
been submitted and reviewed and the Town Board has
adverse effect to the environment is likely to
be implemented as planned.
Ayes: Justice Evans. Councilwoman Oliva,
Councilwoman Hussie. Councilman Lizewski,
Was duly ADOPTED.
APRIL 5, 1994
24.-Moved by Councilman Hussie. seconded by Councilman Townsend.
WHEREA~. there has been presented to the Town Board of the Town of
Southold a proposed Local Law entitled. "A Local Law in Relation to
'e. be it
the Town Board hereby sets 5:00 P,M.. Tuesday. ~April 19.
I. Main 'Road. Southold; New York. as time and
· public hearin,q on this proposed Local Law. which reads as
A Local Law in ReJation to Sidewalks
BE IT ENACTE.D. by the Town,Board of the Town of Southold as follows:
ChaPter 80 {Sidewall~s)of the Code of .the Town of ,So~Jthold~ is 'hereby
,added to read as follows:
-1. Section 80-1 (Intent) is hereby added to read aS follows:
It is the intent of the ToWn B~ar--~-~'o place the responsibility of
k??pin,q, sidewalks clean withthe property owners adiacent to the
. s~dewaik.
2. SectiOn 80-2 [Snow and Ice Removal; general maintenance) is hereby
added/to read as follows:
Each owner.or occupant of any house or Other buildinR, and
-entitled' to possession of any .~¢~nt Iot~
church or an
line snow
: ,in'. front: of.:the lot 'or- house ,free from
nd shal
condition;* 'free from filth weeks or
Other obstructions or encumbrances.
II. This Local Law shall take effect upon its filing with the Secretary of
State.
2q.-Vote of the: Town Board: Ayes: Justice Evans. Councilwoman Oliva.
Councilman ~ Townsend. Councilwoman Hussie. COuncilman Lizewski.
Supervisor Wickham.
This resolution was duly ADOPTED.
25.-Moved by Councilwoman Oliva. seconded by Councilwoman Hussie. it was
RESOLVED 'that pursuant to Article 8 of the Environmental Conservation
Law. State Environmental Quality. Review Act. and 6NYCRR~ Part 617.10.
and Chapter qJ~ of the Code of the ToWn of Southold. notice is hereby given
that the Southold Town Board. in conducting an uncoordinated review of
this unlisted action, has determined-that there will be no significant
effect on theienvironment,
DESCRIPTION~ ~0F ACT ION: A proposed "Local Law in Relation to
Accessory Buildin,qs or Structures',. which amends Chapter 100 {Zoning) of
the Code ~of/~he i~Own of-Southoid by adding definitions for "BreeZeway'.
"Deck"; and ~'Patio". and a new section concerning exceptions for accessory
buildings and atructures. This amendment has been determined not to have
a significant~effect dn the environment~because an Environmental Assessment
Forn~ has' been Submitted and reviewed and the Town Board has concluded
that .no signifi effect to the environment is likely to occur
should the implemented as planned.
- Town Board: Ayes: Justice Evans. Councilwoman Oliva.
Councilwoman Hussie. Councilman /Lizewski.
This resolution was duly ADOPTED.
26.-Moved by Councilwoman Oliva. seconded by Supervisor Wickham.
WHEREAS. there has been presented to the Town Board' of the Town of
Southold a, proposed Local Law entitled. "A Local Law in Relation to
Accessory Buildings or Structures";~ now. therefore, be it
RESOLVED that ithe Town Clerk be and she hereby is authorized and
directed t° trar~smit this proposed Local~Law to the Southold Town Planninq
Board and the Suffolk County Department of PlanR in,c/ for their
recommendations and reports, all in accordance with the Southold Town Code
and the SUffolk County Charter~ This proposed Local Law reads as follows:
A Local Law in Relation to Accessory Buildings or Structures
BE IT ENACTED., by the Town Board, of the Town of Southold as follows:
I. Chapter 100 [Zoning) of the Code o{ the Town of Southold is here
amended to read as follows:
-. 225
~PRIL 5, 1994
- A' Local Law in Relation' to Accessory Buildings or Structures
BE IT ENACTED, by the Town Board of the Town of Southold as follows:'
Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended to read as follows:
Section 100-13 (Definitions) is hereby amended by adding thereto the
following:
BREEZEWAY - Open construction with a roof projecting from the
outside wail'of a building not to exceed dimensions of 8' by 10'
connecting the main building and a garage. Other types of
attachments which extend more than 10 feet, or exceed 80 sq.ft, in
area, shall not attach a main buildlng to a separate building unless
:such attachment meets the re~quirements of li~;able floor area.
DECK - Construction attached to a building open to the sky with
~loor materials built at an elevation above natural grade. Decks
are required to have building permits before construction.
PATIO -:A flat, leveled structure attached to a building by steps,
~er"constructlon, and having a base floor area at or below
natural grade and open to the sky. A patio structur& below or at
grade is not deemed to be a deck or porch and shall not require a
building permit. New step areas to patio~; decks, porches,
breezeways, etc. will require a building permit. Any other patio or
similar structure constructed above natural grade also requires a
building permit.
I1.
2. Section 100-230 (F) is hereby added to read as follows:
Exceptions for accessory buildings and structures.
Notwithstanding any other provision of 'this chapter, accessory
buildings and structures in all zoning districts must comply
with the location and minimum setback requirements provided at
Section 100-33, with the following provisions:
1. An accessory building may be otherwise located when
attached by a breezeway provided it is used only for
accessory storage or garage purposes and meets all
setback provisions required for the main, principal
building;
In the event of a change from an accessory storage or
garage use to livable floor area, the breezeway and
garage-storage area may only be converted by direct
access between the rooms and made an integral part of
the existing livable floor area of the prlncipal, building
for single-family use.
Other types of additions which connect two buildings must
meet the setback requirements for the principal building.
Deck and/or patio additions to a principal building which
do not connect two structures or buildings are permitted
if they meet principal building setbacks.
This .Local Law shall take effect upon its filing with the Secretary of
State.
* Underscore represents addition(s)
26.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oiiva, Councilman
Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
Tt~is resolution was declared duly ADOPTED.
SUPERVISOR WICKHAM: I'd like to declare a recess in our resolutions at
this stage, and we can move to the' public hearings, that. we have on
schedule for tonight.
2 2 6 APRIL ~, 199"
Moved by Councilwoman Oliva. seconded by Councilwoman Hussie. it was
RESOLVED~that a recess be called at this time, 8:00 P.M.,for the purpose
of hold~ng a pubhc hea mC.
Vote of the Town Board: Ayes: Justice Evans. Councilwoman Oliva,
Councilman Townsend. CouncilWoman - Hussie. Councilman Lizewski.
Supervisor Wickham.
This resolution was duly ADOPTED.
Reconvened at 8:50 P.M.
27.-Moved by Councilwoman Oliva, seconded by Supervisor Wickham, it was"-
RESOLVI~D :that pursuant to Article 8 of the Environmental Conservation
Law,~State'En~ir~onmental Quality Review Act, and 6NYCRR Part 617.10,
and LUx'of the Code of the Town of Southold, notice is hereby given
that Board, in conducting an uncoordinated' review of
this action, has d'etermined that there will be no significant
elf ecl environment.
DESCRIPTION OF ACTION: A proposed "Local Law in Relation to
Salva.cjm.q Centers, whIch adds a new Chapter 7q. Salvaging Centers, to
the Code .of the Town of Southold, which defines Salvage Center (any
location Where a private collection of items, exclusive of municipal
recyclables, is gathered, reused, recycled, reclaimed and processed for
ev.e~tual disP°sai o~'-site), permit requirements, application and fee,
parking and anti'access requirements, permit provisions, and penalties. .. for
offenses. This amendment has been determined not to have a s~gmhcant
effect On the. renvironment because an Environmental Assessment Form has
been submitted and reviewed and the Town Board has concluded that no
significant adverse effect to the" environment is likely to occur should the
amendment be implemented as planned.
27.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie. Councilman Lizewski,
Su,pervlsor Wickha .
This Fesohjtiqn was duly-ADOPTED.
28.-Moved+by ,.Councilman Townsend, seconded by Councilwoman Oliva.
WHEREAS, Lthere has been presented to the Town Board of theTown of
SoUthold a proposed Local Law entitled, "A Local Law in Relation to
Sal now, therefore, be it
'Town Board hereby sets 5:05 P.M., Tuesday, April
19 Hall, Main Road, Southold, New York, as time and
,lic hearin9 on this proposed LOcal Law, which reads as
follows:
A Local Law in Relation to Salvagin9 Centers,be it
ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 74 '(Salvaging Centers) of the Code of the Town of Southoid is
hereby added and shall read as folloWs:
A Local Law in Relation Salvaging Centers
BE IT ENACTED, by the Town Board of the Town of Southotd as follow:
I. Chapter 74 (Salvaging Centers) of the Code of the Town of Southold is
hereby added and shall read as follows:
1. Section 74-1 CDefinitions) is hereby added to read as follows:
Section 74-1 (Definitions). As used in this chapter, the terms used
herein are defined as follows:
SALVAGE CENTER - Shall mean any location where a p. rivate
collection of items, exclusive of municipal recyclables, ~s ~lathered
reused, recycled, reclaimed and processed for eventual disposal
off-site.
2. Section 74-2 (Permit Required) is hereby added to read as follows:
Section 74-2 (Permit Required).
No person shall engacje in or conduct a salvage, center, on real
property within-the Town of Southold. either for-himself or for and
on behalf of any other person, directly or indirectly, without
first obtainin~l a permit therefore as hereinafter provided.
II.
Section 74-3 (Application and Fee) is hereby added to read as
follows:
Section 74-3 (Application and Fee)
A. The Town Board may grant a permit for a salvable center.
-- Each: applicant for a permit hereunder shall execute under oath
an application therefor to be supplied to him by the Town
Clerk, which shall contain the f~llowin~l information:
of access and parkincj.
,nd kind of containers or receptacles.
4 ~- Storage facilities.
B. The ,apphcatlo shall be accompanied by a fee of $300.00.
Section 74-~, .(Parking and Access) is hereby added to read as
follows:
section 7tr-4 (parking and Access)
Each salvable center shall provide a macadam or crushed rock base
for parking and access.
Section 74-5 (Permit Provisions) is hereby added to read as follows:
Section 70,-5 (Permit Provisions).
The-permit shall be granted for the period of time specified by the
Town .Board. The permit shall contain such conditions as may be
necessary to ensure that the proposed operation will not have an
adverse effect on the environment; the character of the area, or the
operations of the Town. The permit shall provide that the operation
shall be conducted pursuant to the terms of the permit or the Town
Code, and upon failure to do so, the permit may be revoked
forthWith. Failure to obtain all state, federal or count,/ permits
required for this. application shall be a basis for immediate
revocation of this permit.
6. Section 74-6 (Penalties for Offenses.) is hereby added to read as
follows:
Section 7~t-6 (Penaltles for offenses).
The permlttee who commits or permits the commission of any violation
of the permit or of the Town Code shall be deemed to have
committed a violation and shall be liable for any such offense or
the p~enalty therefor. Each day such offense shall .continue or be
permitted to exist shall constitute a separate.offense.
This Local Law shall take effect upon its filing with the Secretary of
State.
Unders~:ore represents addition(s)
COUNCILWOMAN HUSSIE: Before I vote I want to say, that i am going to
vote yes, because I do think that there should be a public hearing.
However, I Objected earlier today, and I object now, that a salvage center
shall not be~ able to accept municipal recyctables.' I still think that
that is the wrong way to go, but, yes,to the public hearing.
28.-Vote of the Town Board: ' Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman · Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
29;-Moved by Justice Evans, seconded by Councilowman Oliva, it was
'RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law~ State Environmental Quality Review Act, and 6NYCRR Part 617.10,
~ of'the Code 'of the Town of Southold, notice is hereby given
Board. in conducting an uncoordinated review of
has determined that there will be no significant
. DES (CT ION: A proposed
i Recyclables". which amends' Chapter 0`8 (Garbage. Rubbish $ Refuse) of
the Code of the Tow~n of Southold by adding "corrugated cardboard" to the
definition'_ of" MuniciPal ReCyclable~
Other" - Ali waste which can be recycled, other than municipal
recyclables. This local law also adds a provision specifying "that ali
m..unicipal :recyclables must be deposited in the appropriate location of the
' d,spoSal., area owned by the. Town of :Southold,, Yhis amendment has been
determined: not to, have a significant effect on the environment because an
Environmental AsSessment Form has been submitted and 'reviewed and the
Town Board has concluded that no significant adverse effect to the
environment is likely to occur should the amendment be implemented as
Planned.
29.-Vote of the Town Board: Ayes: Justice Evans. Councilwoman Oliva.
Councilman Townsend, Councilman Lizewskl, Supervisor Wickham.
Abstain: Councilwoman Hussie.
q~hls resolution'was declared duly ADOPTED.
COUNCILWOMAN HUSSIE: I wish we could have this in two parts.
30.-Moved by Councilwoman Oliva. seconded by Councilman Townsend.
WHEREAS. there has been presented to the Town Board of the Town of
Southold a p~oposed Local Law entitled. "A Local Law in Relation to
Recyclables"; now. therefore, be it
RESOLVED that the Town Board hereby sets 5:10 P.M.. Tuesday. April 19.
1990`. SoUthold Town Hall. Main Road. Southold. New York. as time and
place for~i: a public hearinq on this proposed Loca! Law. which reads as
roi lows:
A Local Law in Relation to Recyclables
BE IT ENACTED.-by the Town Board of the Town of Southold as follows:
i. Chapter 0.8 (Garbage. Rubbish g Refuse) of the Code of the Town of
Southold is hereby amended as follows: '
1. Section 0`8-1 (Definitions) is hereby amended to read as follows:
RECYCLABLE, MUNICIPAL - Any can~ glass, or plastic container
or corrugated cardboard or newspaper as defined in thls section.
RECYCLABLE, OTHER - All waste which can be recycled, other
than municipal recyclables;
2. Section q. 8-3 [Fl is hereby added to read as follows:
Ail municipal recyclables must be deposited in; the
appropriate location of the disposal area owned .by the
Town of Southold.
II. This Local Law shall take effect upon its filing with the Secretary of
State.
* Underscore represents additions.
30.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilman Lizewski, SUpervisor Wickham.
Abstain: Councilwoman Hussie.
The resolution was duly ADOPTED.
SUPERVISOR WICKHAM: The next few resolutions all deal with a proposed
rezoning of several hamlet .density parcels in the area near Greenport. six
separate parcels. The resolutions numbers 31 all the way to q3 deal with
that. Thirty-one is a resolution to authorize preparation of maps. and metes
and bounds connected with six separate properties. Each of these six
properties is then addressed with two resolutions, that the Board will
consider this evening. The first of those resolutions will explain the
rational for-difficulty with the hamlet zone. as it exists, and why the
Board is considering a revision of that to a different zone. So.. we're going
to begin with one resolution authorizing the preparation of maps and metes
and bounds, and then pairs of resolutions dealing with each of the six
properties.
31 .-Moved by Supervisor Wickham, seconded by, Council;woman Oiiva~ it was
~ that the Town Board of the T~wn of S0uthoid hereby authorizes
P.C., Land Surveyors, to prepare an accurate
the following properties by metes and bounds, and three
. a-map of each parcel showing the zoning classification fo the
area within 500 feet of the parcel:
1. 1000-040-3-1
Kace RealtylCo., 43 West 54 Street. New York, N.Y. 10019
2. 1000-040-4-1
.John Geier 5 Ano.. c/o Marion Geier. Atlantic Mobile Park.
Box 30. Newport. N.C. 28570
3.
Suite 210, 898 Veterans Memorial Highway
e, N.Y. 11787
J~
N
31 .- Vote
Cou
Supervi
This
Retirement Community Inc.. Main Road.
~;Y. 11944
2-1,
~ Catherine Tsounis. 190 Central Drive.
N.Y. 11952
ry.!Co., cio Kontokosta. 43 West 54 Street.
N;Y. 10019
Ayes: Justice Evans, Councilwoman
Councilwoman Hussie, Councilman
Oliva,
Lizewski.
duly ADOPTED.
32.--
M .
SUPERVISOR ;WICK.HA : Now I'll read the first resolution dealing
parcel number one.
Moved by Supervisor Wickham, seconded by Councilman Townsend,
PARCEL ~1000-40-3-1
with
OWNER
KACE REALTY~ CO.
43 West 54 Street
New York, NY 10019
PROPERTY LOCATION
South Side Route
1000 ft. East.of Chapel Lane'
Creenport, NY 11944
WHEREAS, .the Master Plan of the Town of Southold and the recommendations
of the Town's advisory .Stewardship Task Force have increasingly emphasized
the promotion of growth in and around the hamlet centers, to strengthen their
business prospects while keeping open space and farmland undeveloped; and
WHEREAS, the Town Board has examined and extensively discussed a report
entitled "Review of Hamlet Density Zoning in .the Town of Southotd" dated
February 1994 which' assessed ' the appropriateness of the zoning of all
· undeveloped HD zoned properties in the Town of Southold;'
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of
Southold concludes that HD zoning of this property is not appropriate for the
following reasons:
1. The property has not had development activity pursuant to the HD
zoning, or its predecessor zoning, since it was so zoned in 1958;
2. The HD zoning of this site is not consistent with the T6Wn's
comprehensive plan because it encourages high density residential
growth at a significant'distance from the nearest hamlet center of
C;reenport and encourages suburban sprawl;
3. The HD (quarter acre).zohing is not consistent with that of the
surrounding land uses, which consist of. environmentally sensitive
parkland to the west and' south, and R-80 (two ac~e) zoning to the
east and north; and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Southoid
finds that rezoning this property from HD to R-80 is appropriate for the
following reasons: "'
1. R-80 is the base zoning of'the Town because it retains the open
rural enwronmen so highly valued by year-round residents and by
those people who support the Town's economy;
.2. R-80 zoning is most consistent with the zoning on immediately
adjacent: properti es;
3. Over forty percent (ti0%) of the site can be considered, freshwater
wetlands so that rezoning to R-80 will provide a significantly
increased measure of protection for the environment than the HD
zoning now provides. .
32.-Vote of the Town Board: 'Ayes: Justice Evans, Councilwoman Olive, Councilman
Townsend, Supervisor Wickham...No: Councilwoman Hussie, Councilman Lizewski.
This reSolUtio~ was duly ADOPTED.
SUPERVISOR WICKHAM:' And now the companion resolution, that goes with this
one.
33.- Moved by Supervisor Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby commences
the lead agency coordination process in regard to the State Environmental
Quality Review Act on the Type I action of proposed' rezoning of the
following described Pro. perry on the Town Board's own motion from Hamlet
Density iHD')Residentml District to Low Density Residential R-80 District:
Tax Map ~1000-0t[0-3-1, owned by Kace Realty Co., containing 17.1 acres,
and located on the south-side of Route u,8, 1000 feet east of Chapel Lane,
Greenport,. New York.
33.- Vote of~ :the Town Board: Ayes: Justice Evans, Councilwoman Olive,
CounCilman Townsend; Supervisor Wickham. No: Councilwoman Hussie,
Councilman Lizewski.
This resolution was duly ADOPTED.
34,
-Moved by Councilwoman Oiiva. seconded by Supervisor Wickham,
PARCEL
OWNER
PROPERTY LOCATION
JOHN GEIER & ANO.,
c/o Marion Geier
Atlantic Mobil Park
P.O. Box 30
Newport,- NC 28570
South Side Route 48
L~O0 Feet West of
Moores Lane
· Greenport, New York
119u,~
WHEREAS, the Master Plan of, the Town of Southold and the recommendations
of the Town's advisory Stewardship Task Force have increasingly emphasized
the promot~ion of growtl~ in and around the hamlet centers, to strengthen their
business prospects while keeping open space and farmland undeveloped; and
WHEREAS, the Town Board has examined and extengively discussed a report
entitled "Review of Hamlet Density Zoning in the Town of Southoid" dated
Februar¥-199~t which assessed the appropriateness of the zoning of all
undeveloped HD zoned properties in the Town of Southold;
NOW, THEREFORE, BE IT RESOLVED~ that the Town Board of the Town of
Southold concludes that HD zoning of this property is not appropriate for the
following reasons:
1. The property has not been developed pursuant to the HD .zoning and
the building(s) existing when the property was so zoned have
fallen into _disrepair and appear to be irreparable;
2. The HD ~oning of this site is not consistent with the ~0wn~s
comprehensive plan because it encourages-high density residential
growth at a significant'distance from the nearest hamlet center of
Greenport and encourages suburban sprawl;
3. The HD zoning is not consistent with'the environmentally sensitive
parkland which borders this property bn the east, west and south,
and the Iow density R-U,0 and R-80 zoning to the north; and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Southold
finds that rezoning this property from HD to R-80 is appropriate for the
following reasons:
1. 'R-80 is 'the ba~e zoning of the Town because it retains the open
rural environment so highl~ valued by year-round residents and
those people who support the Town's economy;
APRIL 5, 1994
23'1'
e
R-80 zoning is most consistent with the zoning on immediately
adjacent properties;
R-80 zoning.will best suit the property because it will perfnit
development to be sited so as to avoid any adverse impacts on
the wetlands on this parcel;
I~. The poorly drained soils on the site present moderate to severe
-limitations on the construction of homesites, streets, pipelines and
landscaping for intense developmerit. R-80 zoning will better enable
these constraints to be overcome.
34 _~ote of the Town ', Board:Ayes: Justice Evans, Councilwoman Oliva.
· Councilman~ Townsend; Supervisor Wickham. No: Councilwoman Hussie.
Councilman Lizewski.
This resolution :was duly ADOPTED.
35.-MOved by .CounCilwoman ::Oliva. seconded by Supervisor Wickham. it was
RESOLVED?that, the Town .Board of the Town of Southold hereby commences
the lead, a,clenC~ COordination process in regard to the State Env~
· Quality R~iew :Act on the Type I action of proposed rezoning of the
following described' pr°pe~ty on the Town Board's own motion from Hamlet
Density. |HD)i Residenti~i District to Low Density Residential R-SO District:
Tax M~p:~i000?0t~0-1~l.~ owned by John Geier & Another. containing 10.55
acres. ~ndI: located: on the south side of Route 48. 400 feet east of Moore's
Lane. GreenPort'jr New York·
35.-Vote of the ToWn BOard: Ayes: Justice Evans, Counci woman OIJva,
Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie,
Councilman Lizewski. A
This resolution Was duly DOPTED.
36.-Moved COuncilman Townsend, seconded by Supervisor Wickham,
PARCEL ~¢1000-35-1-25
OWN ER
LBV PROPERTIES
Suite 210
898 Veterans Memorial Highway
· Hauppauge, New York 11787
PROPERTY LOCATION
North Side Route 25
1139 Feet Northeast of
Sound Road
Greenport, New York
WHEREAS, the Master Plan of the Town of Southold and the recommendations
of the Town's advisory Stewardship Task Force have increasingly emphasized
the promotion of growth in and around the hamlet centers, to strengthen their
business.prospects while keeping open space and farmland undeveloped; and
WHEREAS, the .Town Board has examined and extensively discussed a report
entitled "Review of Hamlet' Density Zoning in the Town of Southold" dated
February. 199~ which assessed the appropriateness of the zoning of ali
undeve!oped HD zOned properties, in the Town of Southold;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the 'Town of
'Southold concludes that'HD zoning of this property is not appropriate for the
following reasons:
1. The property has not been developed pursuant tb HD zoning, or its
predecessor zoning, since it was first so zoned .in 1971;
2. The HD zoning of this site' i.s not consistent with the Town's
comprehensive plan because it encourages high density residential
· growth at a significant distance from the nearest hamlet center of
.Creenport and encourages s. uburban sprawl;
3. The development of an intense residential area near the key
intersection of Route 48 and Route 25 has the potential for .
~isignlflcant traffic generation and will weaken the strength and
economic integrity of the-Village of Creenport, a key hamlet to the
Town as a whole.
4. The HD zoning is 'not consistent with the R-80 zoning to the east,
the environmentally fragile shoreline to the north and the R-80 and
R-~0 zoning lying to the south and to the west of the adjacent HD
parcel, which is also being proposed for rezoning to R-80;
5. HD zoning of a site with so many valuable coastal resources and
delicate habitat is not in conformance with the Town's Master Plan
nor is it in the best interest of the environment; and
3- APR~IL, 5, 1994
RE IT FURTHER RESOLVED, that ~he Town Board of the Town of Southold
finds that rezoning this property from HD to R-80 is appropriate for the
following reasons:
R-80 is the base.zoning.of the Town because it retains the open
rural environment so highly valued by year-round residents and
. those people, who suppor:t the Town's economy;
R-80 zoning is most consistent with the zoning on immediately
adjacent properties;
-R.-87 zoning ~:an best protect those areas with 'sensitive
env,ronmental features, such as a kettle hole, wetlands and'
possible endangered species on site;
R'80 zonin, g can best protect the irreplaceable scenic features of
this property, Particularly the bluffs along the Long Island Sound;
5.' ' Rq80 zoning is more consistent with the Master Plan in protecting
the coastal resources and delicate habitat of this site.
36.-Vote of the Town Board: Ayes: Justice Evans, Councilman Oiiva,
· Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie,
Councilman Lizewski.
This resolutlon was duly ADOPTED.
37.-Moved by Justice Evans, seconded by Councilwoman Oiiva, it was
RESOLVED that the Town Board of the ToWn of Southold hereby commences
the lead acjency coordination process in regard to the State Environmental
Quality Review Act on the Type I action of proposed rezoning of the
following described property on the Town Board's own motion from Hamlet
Density {HD)Residential District to Low Density Residential R-80 District:
Tax Map ~1000-035-1-25. owned by LBV Properties, containing 132.08
acres, and located on the north side of Route 25, 1139 feet northe==[ of
Sound Road, Greenport, New York.
37.-Vote of the Town Board: Ayes: Justice Evans. Councilwoman Oiiva,
Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie.
Councilman Lizewski.
This resolutions was duly ADOPTED.
38.~Moved by. Supervisor Wickham. seconded by Councilwoman Oliva.
PARCEL ~1000-u,5-2-10.3
OWNER
PROPERTY LOCATION
SAN SIMEON RETIREMENT
COMMUNITY, INC.
Main Road "'
Creenport, New York 11944
East Side Chapel Lane
· South of Route u~8 ~, North
of Route 25, Greenport, NY
WHEREAS, the Master Plan of the Town of Southold and the recommendations
of the Town's advisory Stewardship Task Force have increasingly emphasized
the promotion of growth in and around the hamlet centers, to strengthen their
business prdspects while keeping open space and farmland undeveloped; and
WHEREAS, 'the Town Board. has examined and extensively discussed a report
entitled Review of Hamlet Density Zoning in the Town of Southold" dated
February 199t[ which assessed the appropriateness of the zoning of ali
undeveloped-HD zoned properties in the Town of Southold;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of
· Southold concludes that HD zoning of this property is not' appropriate for the
following reasons:
Only a small portion of the property has been developed pursuant to
HD zoning in the decade since a site plan for the southwestern
· portion of this property was approved. The units built pursuant to
the HD zoning are uninhabited and the site appears to have severe
drainage problems;
APRIL 5, 1994
233
The HD zoning of this 'site is not consistent with the Town's
comprehensive plan because it encourages high density residential
growth at a significant'distance from the nearest hamlet center of
· (}reenport and encourages suburban sprawl;
The HD zoning is not consistent with the large expanse of park
which borders this property to the east; and
BE IT FURTI~ER RESOLVED, that the Town Board of the Town of Southold
finds that .r~Zoning this property from HD to R-80 is appropriate for the
following reasons:
R~80' is the base zoning of the Town because it retains the open
rural environment so highly valued by year-round residents and
those people who support t:he Town's. economy;
2. R-80 zoning is.. most consistent with the zoning on immediately
adjacent properties;
R-80. zoning will best suit the property because it allows sufficient
land in a parcel to handle the dPainage problems which are
associated with the heavy clay geology found on the site;
4. The' heavy clay soll on the site has extremely poor drainage
' qualities which creates an acute potential for flooding and wetlands
· in homesites developed pursuant to HD zoning, which can be
minimized by R-80 zoning.
38.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend. Supervisor Wickham. No: Councilwoman Hussie.
Councilman Lizewski.
This resolution was duly ADOPTED.
39.-Moved by ! ~pervisor Wickham, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby commences
the lead a ency coordination process in regard to the State Environmental
Quality' Et ~iew:.Act on the Type I action of proposed rezoning of the
following. ¢'~cribe.d Property on the Town Board's own motion from Hamlet
Density (KD). Residential District to Low Density Residential R-80 District:
Tax Map ~1000-045-2-10.3, owned by San Simeon Retirement Communi~:y inc.,
containing 20.07 acres, and located on the east side of Chapel Lane, south
of Route 48 and north of Route 25, Greenport, New York.
COUNCILWOMAN HUSSIE: Before I vote, I'm going to vote. no, but I want
an explanation, because I voted, no. on the last eight resolutions. From
the beginning it's been the intent of the ruling majority of this Town Board
to rezone these properties to R-80. Supporting arguments have been
supplied by the Planning staff in order to achieve this end, and
subsequently, the consultants' environmental assessment forms, and the
accompanying narrative echoed the previously determined goals for the same
reasons. The argument that the Town wishes hamlet density zones to be
near hamlet centers is an incomplete, and investigated excuse toward an
end. There are very few areas near the hamlet centers, which might lend
themselves to HD zoning. Our Code explains the purpose of a hamlet density
zone, as quote, to permit a mix of housing types in a level of residential
density appropriate to areas in, and around, the major centers, especially
Mattituck, Southold, Cutchogue, Orient, and the Village of Greenport.
Although no effort has been made to relocate any of these HD zones into an
area closer ~t° the hamlet centers.. With one acceptation, the hamlet density
zones we'i*e~ 'dlScuss~ng have been long standing, and ! can not in good
conscience Vote to take away rights granted by an HD designation with what
I consider faulty, and incomplete, reasoning, and so it's, no, to that one,
tOO.
39.- Vote of the Town Board: Ayes: Justice Evans.
Councilman Townsend. Supervisor Wickham. No:
Councilman Lizewski.
This resolution was duly ADOPTED.
Councilwoman Oliva,
Councilwoman Hussie.
~,0.-Moved by Councilman Townsend, seconded by Councilwoman Oliva,
PARCEL #1000-45r2-1
OWNER PROPERTY LOCATION
JOHN C;. SIOLAS & South Side Route 48
CATHERINE TSOUNIS 805 Feet East'of Chapel Lane
190 Central Drive Greenport,. New York 119u,4
Mattituck, NY 11952
i~!fEREAS, the. Master Plan or-the Town of Southold 'and the.recommen.dat!ons.
of the .Town's advisory Stewardship Task Force have increasingly' empnas.zeo
the promotion .of-growth in and around the hamlet centers, to strengthen their
business pr;ospects while keeping open space and farmland undeveloped; and
WHEREAS, the '~own Board has examined and extensively discussed a report
entitled 'JReview of Hamlet Density Zoning in the Town of Southold" dated
February 199~, which assessed the appropriateness of the zoning of all
undeveloped HD zoned properties in the Town of Southold;
N°w, THEREFORE, BE IT RESOLVED,that the Town Board of the Town of
. Southold concludes that HD zoning of this property is not appropriate for the
following reasons:
1. The parcel is only 1.2 acres, which size does not lend itself to HD
zoning;
t
The HD zoning of this site is not consistent with the Town's
· comprehensive plan because it encourages high density residential
growth at a significant-distance from the nearest hamlet center of
Greenport and encourages suburban sprawl;
The HD.zoning is not ~onsistent with the parkland lying to the east
and south; and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Southold
finds that rezoning this property from HD to R-80 is appropriate for the
following reasons:
1. R-80 is the base zoning of the Town because it retains the open
rural environment so highly valued by year-round residents and
those people Who support the Town's economy;
2. R-80 zoning is most consistent with the zoning on immediately
adjacent properties;
3. R-80 zoning can best protect those areas with sensitive
environmental features, including wetlands, far better than intense
HD development;
R-80 zoning.will best suit the property because it allows sufficient
land in a parcel to handle the drainage problems which are
associated with the heavy clay geology'found on the site;
5. ' Because of the small size of the site and the wetlands, both on
-the site and immediately to the eas. t, only very limited' development
could take place on the site;
Rezoning to the proposed "R-80" density will provide significantly
more protection for the environment than the "HD" zoning now
provides.
_ J
COUNCILWOMAN HUSSIE: I'll vote,
awfully small zone.
40.- Vote of the Town Board: Ayes:
Councilman Townsend, Councilwoman
Councilman L~Zewski.
This resolution was duly ADOPTED.
yes, because I think 1.2 acres is an
Justice Evans, Councilwoman Oliva,
Hussie, Supervisor Wickham. No:
41.-Moved by Justice Evans, seconded Councilman Townsend, it was
RESOLVED that~the T~wn Board of the Town of Southoid hereby commences
the lead agency coordination process in regard to the State Environmental
Quality-Review Act on the Type I action of proposed rezoning of the
following described property of the Town Board's own motion from Hamlet
Density IHD)'Residential District to Low Density Residential R-80 District:
Tax Map ~1000-0u~5-2-1, owned by John G. Siolas and Catherine Tsounis,
1.2 acres, and located on the south side of Route 48, 805 feet
New .York.
Ayes: Justice Evans, Councilwoman Oliva,
tlwoman Hussie, Supervisor Wickham. No:
Co -'
This reSOlution was duty: ADOPTED.
SUI~ERVISOR WiCKHAM: We turn now to the 'last parcel, ~1000-035-1-2q.
42.-Moved by Supervisor Wickham, 'seconded by Councilwoman Oliva,
PARCEL ~1000-035-1-2~
OWNER
JEM REALTY CO.
c/o Kontokosta
3t~ West 5It Street
New York, NY 10019
PROPERTY LOCATION-
North Side Route 25
56L~ Feet East of Sound Road
Greenport, NY 119u~Lt
WHEREAS,_ the Master Plan of the Town of Southold and the recommendations
af.~the Town's, advisory Stewardship Task Force have increasingly emphasized
the promotion of 'growth in and around the hamlet centers, to strengthen their
business prospects while keeping open space and farmland undeveloped; and
WHEREAS, the ,Town Board has examined and exten~ive!y discuSsed a report
entiUed "Review of Hamlet Density Zoning in the Town of Southold" dated
February 1994 which assessed the appropriateness Of the zoning of ali
undeveloped HD zoned properties in the Town of Southold;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of
Southoid concludes that HD and R-~0 zoning of this property are not
appropriate for the following reasons:
The cumulative impact of the recent rezoning of this parcel to HD
raised concerns which prompted the review of all HD zoning to
resolve inconsistencies in the placement of all these zones with the
· Town's c'.omprehensive plan; .
The .HD zoning of this site is not consistent with the Town's
comprehensive plan because it encourages high density residential
growth at a significant distance from the nearest hamlet center of
Greenport and encourages suburban sprawl;
The development of an intense resident~ial area near the key
intersection of~ Route 48 and Route 25 has the potential for
significant traffic generatioi~ and will weaken the strength and
economic integrity of the Village of Creenport, a key hamlet to the
Town as a whole.
.The HD zoning is not consistent with the R'L~0 zoning to the
west, the environmentally fragile shoreline to the north, and the
R-80 zoning east of the adjacent HD property, which is also being
proposed for rezoning.to R-80;, and "
BE IT FURTHER RESOLVED, that t~he Town
finds that rezoning this property from HD
follow~ng reasons:
Board of the Town of Southold
to R-80 is appropri,ate for the
R-80 is the base zoning .of the Town because it retains the open
rural environment so highly valued by year-round residents and
those people, who support the Town's economy;
236
APRIL' 5, 1994
R-80 zoning is most consistent with the zoning on immediately
adjacent pre)parties; '
~R-80 zoning can best protect those areas with sensitive
environmental features, including aquifer recharge areas and
possible endangered species and the bluffs;
R-80 zoning can best protect the irreplaceable scenic features, of
this property, particularly the bluffs along the Long Island Sound.
COUNCILWOMAN HUS'SIE: Back in December. 1993, I did not vote for the
zone change, originally, and I'm going to vote for this. because I don't feet
that ther~ is. 'in three months, great' vested interest in this zone change,
that we gave them originally. Yes, to this one.
42.-Vote of the Town Board: Ayes':
Councilman Townsend. .Councilwoman
Councilman Lizewski.
This resolution was duly ADOPTED.
Justice Evans, Councilwoman Oliva,
Hussie. Supervisor Wickham. No:
44.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby creates a
Southold Town Transportation Committee. to consist of nine 19) members,
who will serve two [2) year terms, effective immediately through April 5,
1996, and who will serve on said committee without compensation; and be it
FURTHER RESOLVED that the Town Board hereby makes the following
charge to ~the-Southold Town Transportation Committee: Present to the
Southold Town Board and the people of Southold Town a Transportation
Model, inclUding a comprehensive scenic byway/corridor management plan,
which addresses the use and protection of local resources, and their impact
on- Town residents, for recreational- and economic benefit 'through an
innovative road-rail-waterways network, while maintaining the scenic.
historic, and rural characteristics of the Town as well as to guide its
subsequent implementation; and be it
FURTHER RESOLVED that the Town Board hereby appoints the following
four 14) individuals to the Southold Town Transportation Committee:
Neboysha Brashich, Robert Bayley, Margaret Brown, and Victor
Brown, effective immediately through April 5, 1996.
44.- Vote of the Town Board: Ayes: Justice Evans. Councilwoman Oliva,
Councilman Townsend. : Councilwoman Hussie, Councilman Lizewski.
Supervisor Wickham.
This resolution was duly ADOPTED.
45.- Moved by Supervisor Wickham. seconded by Councilwoman Oliva. it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs the Town Clerk to advertise for resumes for five [5) members of
the Southold Town Transportation Committee who will have expertise in the
following areas: (1) Private Sector - Marketing/Chambers of Commerce; [2)
Business/Wineries; (3) Tourism; ~4) Public Relations; (5) .Transportation
bus, ferry, train, bicycle.
45.'-Vote of .the Town Board: Ayes: Justice Evans, Councilwoman Oliva.
Councilman T--~'~-~e n-~, ~ouncirwoman Hussie, Councilman L~zewski.
Supervisor Wickham.
This 'resolution was duly ADOPTED.
43.-Moved by Supervisor' Wickham. seconded by Councilman Townsend. it was
RESOLVED that the Town Board of the Town of Southold hereby commences
the;lead ag,nc, y coordination process in ragard to the State Environmental
Qua!lt.y ReView~ Act on the Type I action of proposed ~ezoning of the
follow?ng described property on the Town Board's own motion from Hamlet
Density (HD) Residential District and Low Density Residential R-40 District
to Low Density Residential R-80 District: Tax Map ~1000-035-1-24, owned by
Jem Realty Co., containing 62.3 acres, and located on the north side of
Route 25, 564 feet east of Sound Road, Greenport, New York.
43.-Vote of the Town · Board: Ayes: Justice Evans, Councilwoman Oliva.
Councilman Townsend. Councilwoman -Hussie. Super-visor Wickham. No:
Councilman Lizewski.
This resolution was duly ADOPTED.
^..,... ,,,. 2 3 7
46.- Evans, seconded by Councilwoman Olvia. it was
Town Board of theTown of Southold hereby assumes
the responsibility for payment of the monthly charges, effective April 1.
1994. for one [1) ATST 911 telephone line which connects Fishers Island to
Connect]cut.
46.-Vote 'of the Town Board: Ayes: Justice Evans. Councilwoman Oiiva.
Councilman Townsend. Councilwoman Hussie. Councilman Lizewsk].
..Supervlsor W~ckh m.
Tl~iS:resOlUtion was duly ADOPTED.
~7.-Moved by Councilwom~n Hussie. seconded by Councilman Townsend.
WHEREAS. the Building Inspector of the Town of Southoid has made a formal
inspection of the premises owned by the Estate of Marjorie F. Straussner.
and referred to as: Suffolk County Tax Map designation: District 1000.
SeCtion 3tt~ BlOCk 3. Lot 21. and also known as 450 Main Street. Greenport.
New York.' and thereafter prepared a written report thereon and filed the
by the Building Inspector that the building or
is dangerous or unsafe to the public; and
Inspector promptly thereafter served a notice on the
ou i.other persons having an interest in Said property.
of chapter 90 of the Southold Town Code; and
ice ~required the owner of said premises within ten days
from ,. of ser~rice of the notice to demolish the above described
debris, and the work shall be completed within
:and
o~.said premises has neglected or refused to comply
S~ld notice within the time specified therein; and
~earing on this matter was held by this Board on the
/1994;
THE IT IS HEREBY DETERMINED AND ORDERED' AS
FOLLOWS:
1. That based upon the written report prepared by the Building
Inspector and filed in' his office, and upon evidence given by-the Building
Inspector at the hearing held on April 5. 1994. this B6ard does hereby
determine that the building or structure located on said premises is unsafe
or dangerous to 'the public.
2.~ That the owner shall demolish the above described building' and
remove all debris within thirty (30) days of this date. April 5, 1994.
3. ~e event that the owner shall neglect or refuse to take
down .he structure from said premises within the time specified
in the then and in that event the. Supervisor be and
and directed to procure estimates ifor the removal of
or~ struCture on said premises and submit; the same to this
as soon thereafter as possible.
4. Board shall, based upon such' estimate, provide
for a contract for the taking down and removal of the
building iOr premises.
5. That the cost and expenses of the taking down and removal of the
building or structure on said premises shall be collected by the Town of
S¢ the manner provided for in Section 90-4 of the Code of the Town
sent by
return
47.- Vote of
Cc
SuF
This resol~
Ordered that a certified copy of this resolution be
· k to the owner of said premises by certified mail.
within three (3) days of the date hereof.
rd: Ayes: Justice Evans. Councilwoman Oiiva.
Councilwoman Hussie. Councilman Liz'ewski.
~duly ADOPTED.
qB.-Moved by Councilman. Lizewski, seconded by Councilwoman Hussie.
WHEREAS; there was presented to the Town Board of the Town of Southold.
on the 22nd day of March, 199q, a proposed Local Law entitled, "A Local
Law in Relation to Wetland Applications"; and
WHEREAS, the Town Board held a public hearing on the aforesaid proposed
Local Law-on the 5th day of April. 199~, at which time ali interested
.p. ersons were given an opportunity to be heard thereon; now, therefore, be
RESOLVED that the Town Board hereby enacts Local Law No.- 2 199~.
which r&ads as follows:
LOCAL LAW NO. 2. 199~
A Local Law in Relation to Wetland Applications
BE- IT ENACTED, by the Town Board of the Town of Southold as follows:
Wetlands) of the Code of the' Town of Southold is hereby
,ilows
1.. Section 97-21((3) is hereby amended to read as follows:
G.'~ Such appl!cation shall be accompanied by a current, survey and
topographical map of one year or less with contours at
or~eJfoo~two-fool~ intervals, showing the area from which
the ~removal or in which the deposit of materials is proposed
or in which structures are to be erected, certified by a
registered land surveyor or registered professionat engineer.
licensed by the State of New York. Such survey and
topographical map shall show the soundings of the area in
which operations are proposed to be COnducted. The horiZontal
control of said survey shall be based on an approved local
coordinate system. The vertical control for elevations and
soundi.ngs shall be based on the United States Coast and~
c;e°debC Survey datum.
II. This Local Law shall take effect upon its filing with the Secretary of
State.
* Overstrike represents deletions
** Understrike ~epresents additions
48.-Vote of the Town Board: Ayes: Justice EVans. Councilwoman OlJva.
Councilman . - Townsend. Councilwoman Hussie. Councilman Lizewsl<i.
Supervisor Wickham.
This resolution was duly ADOPTED.
~9.-Moved by Councilwoman Hussie. seconded by Councilwoman Oliva.
WHEREAS, there Was presented, to the Town Board of the Town of Sou+hold.
Law local
on t.he 22nd..daY of March, 199[~, a proposed Local entitled, "A
Law Jn Relatmn .,to :MoOring. Permits"; and
WHEREAS, the Town, Board' held a public hearing on the aforesaid proposed
Local Law on the 5th day of April, 199q, at which time ali interested
persons were given an.opportunity to be heard thereon; now, therefore, be
it
RESOLVED that .the Town Board hereby enacts Local Law No. 3 - 199q.
which reads as follows:
LOCAL LAW NO. 3 - 199~
A local Law in Relation to Mooring Permits
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I.' Chapter 32 [Boats, Docks and Wharves) of the Code of the Town of
Southold is hereby amended as follows:
1. Section 32;39.3 (Mooring Permits) is hereby added to read as
follows:
A. The Town of Southold permits the installation of moorings for
-boats in specified locations of Town Waters. The use of
moorings has increased to such an extent that the number of
moorings have begun to impair the fragile marine environment
in the surroundin9 Town waters. The Town Board therefore
declares it to be the policy of the. Town to restrict and
regulate the issuance of mooring permits as described herein.
o
B. Resident Mooring permit.
-1.
A resident mooring permit shall be issued by the Town
Trustees to all persons who are qualified residents of the
Town of Southold. Persons applying for a resident
mooring permit shall be requested to sign an application
in affidavit form and submit for inspection one of the
following as proof of residence:
a. A valid tax receipt stub for the current year for any
taxable real propert~ within the Town of Southold
assessed in the nam~ of the applicant.
b. A valid motor vehiqle/ registration in the name of the
applicant and to anaddress located within the Town
of Southold or to ah address corresponding to the
address of a valida:ed tax receipt stub for the
current tax year fcr any taxable real property within
the-Fown of Southcld affixed to the application.
c. Such other proof ol" residence as is satisfactory to _-
the Town Trustees
2. The Town Trustees sba inspect such .application to
determine that the appl :ant is a qualified resident of
the Town. Upon approval of the application, resident
mooring permit stickers ~hall be issued. One sticker
shall be placed on the mooring and one sticker shall be
placed on the boat secu ed to said mooring.
Lessee mooring permit.
1. A lessee mooring permit shall be issued by the Town
Trustees to all persons who lease or rent property within
the TOwn of Southold b,~t do not qualify as residents as
defined in Section 32-393 hereof. Persons applying for a
lessee moorin9 permit si,all present an application in
affidavit form, signed b the lessee and the owner of the
property, setting forth:
a. The location of the leased or rented property.
b. The persons occup'flng the same.
c. The term of such enancy.
2.- Upon,a determination b~/ the Town Trustees that the
applicant is entitled to lessee moorlnc~ permit,, such
permit stickers shall be issued and affixed to the mooring
and boat in the same manner as provided for resident
permit stickers.
a permit) is hereby added to
No person shall install or us~ a mooring in Town waters without
a mooring permit issued by the Board of Trustees of the Town
Section 32-39.~. (Moorings without
read as follows:
of Southold.
Any mooring without such a
notice from the Southold To~
agent, which notice shall be
mooring and on any boat atta
if such mooring is not remow
days after the posting of sai(
Trustees or its designated ac.
destruction of the moorinq ar
~ermit shall be removed upon
Trustees or its designated
oy written notice posted on the
ched to said mooring.
:d by the owner within thirty (30)
notice, the Southold Town
ent may direct the removal or
d the cost of said removal.
including storage charges fo~ any boats attached thereto shall
attach to and shall become a lien upon said property, and said
property may be sold, upon ¢irection of the court, at public
auction to defray said expenses, any surplus being returned to
the owner of record. The T{)wn shall not be liable for any
damage done to .said mooring
removal, storage and sale.
II. This Local Law shall take effect upon
State.
Underscore represents additions
z~9.-Vote of the Town Board: Ayes: Justice E
Town'send, Councilwoman Hussie, Councilmar
This resolution was declared duly ADOPTED
or any attached boat during its
.s filing with the Secretary of
ans, Councilwoman Oliva, Councilman
Lizewski, Supervisor Wickham.
50.--
SUPERVISOR WICKF.'AM: Do you wish to proceed with the next one?
COUNCILWOMAN HUSSIE: Maybe we should have a little discussion about it
before we do something. What do you think?
COUNCILMAN TOWNSEND: I'd like to put it up, and then make a comment
on it~
HUSSIE: It's not the end of the world, although I really
:he comments, that had. not in relation to this
it,. adding the places and sites pa~t of it. but the fact
SUPERVISOR WICKHAM~ Alice, let's put it up, and let's address it, first
tonight with whatever comments we may have as a Board, and subsequently,
we .can take it up, and deal with it as a separate matter.
Moved by Councilwoman Oliva, seconded by Councilwoman Hussie,
WHEREAS~ th'ere was presented to the Town Board of the Town of Southold,
on the 22'nd day of'March, 1994, a proposed Local Law entitled, "A Local
Law in Relation to Landmark Preservation"; and
WHEREAS, the Town Board held a public hearing on the aforesaid proposed
Local Law on the 5th day of April, 1994, at which time all interested
person were given an opportunity to be heard thereon; now. therefore, be it
RESOLVED that the Town Board hereby enacts LOcal Law No. 4 1994.
which reads as follows:
LOCAL LAW NO. 4 - 1994
A LocaJ Law in Relation to Landmark Preservation
BE IT ENACTED~ by the Town Board of the Town of Southold as follows:
Chapter 56 (Landmark Preservation) of the Code of the Town of Southold
is hereby amended as follows:
1. Section 56-2 (Purpose) is hereby' amended to read as follows:
The Town Board finds there exist in the Town of Southold places,
sites, structures and buildings of historic or architectural
'significance, antiquity,, uniqueness of exterior design or-
construction, which should be Conserved, protected and preserved
to preserve the architectural character of Southold Town. to
contribute to the aesthetic value of the Town and to promote the
general 'good; welfare, health and safety of the Town and its
residents. Therefore, it is the purpose and policy of this chapter
to establish a Landmark Preservation Commission and procedures
which it can follow to assist Southold Town and owners of places,
s. ites, buildings and structures in order to conserve, protect and
preserve such places, sites, structures and buildings thereby
preserving the unique character of Southold Town, which will
substantially improve property and commercial values in the Town
and make its hamlets even better places in which to live.
Section 56-3 (Definitions) of the Code of the Town of Southold is
hereby amended by adding thereto the following:
HISTORIC DISTRICT - Any area which contains places, sites,
structures or buildings which have a special character and ambience
or historical value or aesthetlclinterest and which represent one
(1) or more periods or styles 0f architecture of an era of history
and which Cause such area -to Constitute a distinct section of the
Town.
· STYLE OF ARCHITECTURE ~ Style recognized by one (1) of the
following organizatlons:
1. The National Register of Historic Places.
2. Historic American Buildings Survey.
Historic American Engineering Record, United States Department
of the Interior, National Park Service.
Division for Historic Preservation, New York State Office of
Parks and Recreation.
5. National Trust for Historic Preservation.
e
3. secti
Society of Architectural Historians.
initions) is hereby amended by changing the
follows:
HISTORICAL SIGNIFICANCE - The quality of a place, site, building,
district or structure based upon its identification with historic
persons or events in the Town of Southold
LANDMARK - Any place, site, structure or building which has
historical or a~ch~-si~jnh~ican~'value_ or_aesthetic.
inter~st by reason of its antiquity or uniqueness of architectural
design or as part of the development, heritage or cultural
'characteristics of the Town, County or nation.
Section 56-[~(A) (Landmark Preservation Commission) is hereby
amended to read as follows:
There is hereby created a Landmark Preservation Commission
for'the purpose of conservin9, protectin9 and perpetuatin9
hls~oi'ic landmarks and districts in accordance with the
purposes of this Article. The Commission shall consist of
seven ,(.7~ members to be appointed by the Town Board, to
serve, without compensation.
Section 56~5(B) (Duties of Commission) is hereby amended to read
as follows:
B. Recommend places, sites, buildings, structures and historic
districts to the Town Board for la'ndmark designation in
accordance with the provisions of Section 56-6 hereof.
Section 56~6(A) (Designation of landmarks) is hereby amended to
read as follows:
Selection of places, sites, buildings, structures and hisl~oric
dlstrli:ts for landmark designation shall be determined on the
basis !of historical and/or architectural signlficance.
7. Section 56-6(B) is hereby amended to read as follows:
Be
In considering places, sites, buildings, structures, and
historic districts for possible landmark designation, the
Commission shall comply with the following procedure:
f
Section 56-6(B)(l) is hereby amended to read as follows:
(1)
Prior to recommending to the Town Board that a place,
..site, building, structure or historic district be
designated as a landmark, the Commission shall give
written notice to the owner{s) of the property, as shown
on the last completed town assessment roll, that the
Commission is considering recommending to the Town Board
that the place, site, building or structure be designated
as a designated landmark or historic district. Such
notice shall request that the owner(s) consent to such
designation by signing and returning the form of consent
enclosed with the notice. Such notice shall also indicate
that if the owner(s) objects to such designation or
desires further information, the owner(s) may return the
form enclosed with the notice, which requests that the
owner(s) and/or representative(s) seeks a meeting-with
the Commission within thirty (30) days from the receipt
of such requests by the Commissioner.
2 4 2 ^...... ,..
8. Section 56-6(B)(2)(a) is hereby amended to read as follows:
(a)
The owner consents in writing to such designation;
or, with respect to an historic district, fifty-one
percent (51%) of the property owners in the proposed
district consent in writing to such desicjnation;
Section 56-6(B)(2)(b)is hereby amended to read as follows:
(b) The owner, within thirty (30) days from the receipt'
of:the not:ice specified in Sect~ion 56-6 (B)(1), has,
failed to notify the Commission of his/her objection
to such designation or failed to request a meeting
with the c0~missi0ner.
10. Section 56-6(B)(3) is hereby amended to read as follows:
o
When the To~wn Board receives a recommendation from the
Commission that a place, site, building or structure be
designated as'a landmark, or an historic district be
designated, the Town Clerk shall give written notice
thereof to the owner(s) of the property, stating the time
and place when the Town Board will meet to consider the
question of the landmark designation of such place, site,
building, structure or histori~ district. Such notice
shall also state that the owner(s), shall be given 'an
opportunity to be heard at s~c-~-~meeting.
11. Section 56-6(C) is hereby amended to read as follows:
The designation of property as a designated landmark or
historic district by the Town Board, pursuant to the pr--~visions
of this chapter, shall not impose any obligation or
responsibility upon the owners thereof, nor shall such
designation in any manner restrict or limit the use,
development, repair, maintenance, alteration or modification of
the property by the owners thereof.
II.
12. Section 56-8 (Termination of landmark designation) is hereby
amended to read as follows:
Whenever a designated landmark or historic district is destroyed or
it~ exterior is altered to such an extent that it ceases to have
architectural significance, the Town Board may, by resolution,
direct that the it be removed from the Register of Designated
Landmarks. Prior to taking such action, however, the owner shall
be given written notice Of such proposed action and shall be given
an opportunity to appear before the Town Board and be heard
thereon.
13. Section 56-9 (Severability) 'is hereby amended to read as follows:
Each of the foregoing provisions of this chapter has been adopted to
an endeavor to preserve and extend the public welfare by
preserving the characteristics of historic and/or architecturally
significant places, sites, structures or districts. In the event
that any portion of this chapter shall be determined invalid, such
determination shall not affect or result in the invalidly of any
other provision contained in this chapter.
This Local law shall take effect upon its filing with the Secretary of
State.
* Underscore represents addition(s)
** Overstrike represents deletion(s)
APRIL 5, 1994
2.43
50.--
COUNCILMAN TOWNSEND: I'd like to make a comment. Tom. the only
negative comment..there were tw,.o negative comments from different ends of
th~ speCtrum. One 'primarily indicated that it' wasn't worth doing the law.
beCause it didn't 'have enough power, yoU know. it didn't protect the
Landmark. and so forth, and the other side was that this fellow. Mr. Rich.
felt that he, was concerned about the rights that it gave the Landmark
Commission. The provision he talked about, the eight day review by the
BUildh not a subject of this law. That's already in law.
ant ~. is if someone has allowed his property to be
he applies for a building permit, it allows
Commj.sslon eight days to look at the building permit. It
to change it. it allows them to look at it. and
to and make suggestions. If he chooses to accept them.
that's .fine. If' he doesn't, that's fine. also. That is not a part of this
law. This only , expands definition of landmarks to places, sites, and
historic di We also, eliminated, for instance, if someone wants to
in a historic district, they d° not have the..it's not'the
the 'Building Inspector. In other words, if someone has
a in'a hiStor[c district, they do not haVe the 'right' to review
inspector can't put it in front of the Commission. b,e. cause
it'~ ian~imark~ to si~nply by the fact that you're, in a district
means you , have to have your building permit~ reviewed bY:the
Commission. So. that's why I'm in favor of this.
SUPER~/ISOR WlCKHAM: Any other Board members' wish to address this
before w~ 'vote on it?
Ayes: Justice Evans. Councilwoman Oliva.
Councilwoman Hussie. Councilman Lizewski.
Super~/isor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: That's all the resolutions for tonight. Are there
comments from the audience on any matter, that is of importance to you?
PHIL VANBOURGONDIEN: Phil VanBourgondien. I took a little piece
out of the paper tonight, that disturbed me considerably. The salaries, and
the pay scale of the elected, and salaried employees of the Town of
Southold. For the efforts that some of them put in is extremely underpaid.
and I say that. because today I cut out a piece that said that the
Superintendent of the New. York State Police. a new man just being hired, is
being paid $95.000.00. He oversees 4.000 Policeman at a budget of
$250.000.000.00. When our Chief of Police makes just about the same amount
with forty-three, men. he makes probably twice as much as our very
efficient, and hardworking Town Clerk. and the second in command is just
under him. I think we had better take stock. This Town is going to be in
tight financial situation by the end of this year. and I know that the
answer that I' get, most of the time is. well. it's Union contracts. When
Union contracts come up it's time that we do something. It's a sad
commentary, when ti3 men are governed by a $91.000.00 salary, and .here a
man with 4.000 get $95.000.00. I thank you.
SUPERVISOR WICKHAM: I'd just like to say that I share, and I think the
Board shares the sense of frustration, that you've expressed, and many of
us feel. We haven't discussed how we're going to address that on the
Board. ,.but we will address it in one fashion or other, and we'll look to
you. a~d others, in the town. who will help us to address it'.
FRANK CARLIN: Frank Carlin. Carlin Watchdog Group. Here I'm
looking at all those resolutions tonight about changing the zoning, a couple
more millions, and we could have a new Master Plan. Oh, he's making
$92.000.00. I see that New York State Supreme Court favored the decision
for the Mattituck car dealer. It makes you stop and think, and if you just
stop to think a little bit about zoning codes, how you're changing them. how
you get yourself in trouble, because you know. the Constitution is very
broad. It can be used in many ways. and you can only push some people
so far. and come up against the wrong one. they'll go all the way, It's a
is man, who is trying to sell used cars, had to go that far,
but I guess the judge' told him, to get their act
· But it gives you food for thought to stop to think,
around with changing where businesses can go.
That'.~ want to add one more thing to it. When we do have
a legal problem brought up in Court, and somebody challenges the town, the
one~ wl~0 Suffer for it is the taxpayers, because they're the ones who have
to the legal fees· You should keep that in mind in the future when
· Codes to restrict a bUsiness, maYbe someplace, or
not Oh, Tom, this new computer system of
a new computer system i read in the paper, that
at least fifty, sixty computers, that. you
got iven to you, or are you' going to buy them?
SUPERVISOR WICKHAM: I'd like to address that. There's a
misunderstanding in the paper· They are not coming to the Town of
SouthOld, and the Town of Southold is not a formal participant in this
procj~ sland Lighting Company has let it be 'known, that they
surplus computers available. They're not going to
to the Town; but: they!re going to be '~vail~,ble ~n,' some
the 'Lighting 'Com~any~ to qt~ahfied pe°p!e.
g°ing~to pla~!y a rc~le~ inl that.
FRANK CARLIN: You're not getting involved in that?
sUPERVISOR WICKHAM: We're not getting involved in that.
FRANK CARLIN: I was going to ask you the question here, but I'll tell
you what I was going to ask you. Like the fifty residents, how were going
to_ define who was going to give these computers to out of 20,000 people,
but you don't have to do that now, right?
SUPERVISOR WICKHAM: That's right·
FRANK CARLIN: So you're off the hook. right?
SUPERVISOR WICKHAM: I'm off the hook. Frank, you're back on.
FRANK CARLIN: ! have three more minutes, a couple more minutes
anyway. I'm going to stick out one more thing here. I'll keep these things
short. I read in here, lights out in Southoid, Task Force said lights out
in Southold here. It m.a. de me laugh when I read the heading of it. Make
the night,sky m.o. re suitable for star gazing. Man, if that don't make me
laugh. , Put the hghts out, and lo°k at the stars. Man, that really catches
me~ In the first place there's a lot of working people in the Southold. We
don't have time Lo gaze at the stars. If you're going to start putting
Ii hts out in th business areas after-hours, and putting lights out in the
parking lo. ts after ho.uts, for instance. ASP, or shopping centers, or even
;~hat i~rklng lot behind the .North Fore Bank in I~lattituck there, you're
going to start putting all these lights out, and you want to try to reduce
crime here, and as far as the business people~go, if they stand for this, to
tell them they have to put their lights out after working hours, then
Southold is going to be in bad shape, and I say where is that Chamber of
Commerce here? I'm not done yet. [tape change.) You're going to use
taxpayers' money to go around change ali the watts in ,the Street lights,
because there's too much hght here, that you can t look at the sky? Where
do you come up with all this jazz here, you know? It's disgusting here,
Tom. I've lived in this town for forty years· I never seen things like
this before in my life·
SUPERVISOR WICKHAM: Frank, with all due respect, the Board is not
taking up that issue. We haven't dealt with it. It's not on..
FRANK CARLIN: It says here you're going to be looking into it. and
you're going to be taking action on these two items, right in the paper here.
SUPERVISOR WlCKHAM: When that comes, you keep us honest, but we
haven't got..
245
APRIL 5, 1994
FRANK CARLIN: I trying to get;you ahead of time. and maybe give you
a little food for-thought here. you know? If you take the street lights
away. we don't have enough now when it's raining, and it's fog. and it's
snow. I traveled on all this for thirty years. ! know what these street
lights are li.ke, and you're going to start telling people how long they can
keep their Lights on in the town there, the business people. I mean. we
don~t g. et anything for our taxes as it is. Give us something for our taxes.
but this StewardShip to me. and Pd like to get into the Stewardship this
evening, but i'm going to keep it short. I got something I want to speak
about.on them. too. but I might decide, being I have the right to. to carhe
back up here.' again~ after everybody else is done tonight, because I have
to .speak, on' any subject for the amount of time that you say I'm
you say it is. on any subject, so that gives me on any
subject I'm ve minutes. I'll give .it to somebody else for now.
· a
but./ might Ide to'come b ck.
SUPERVISOR WICKHAM: Thank you. Frank.
Mulcahy. Conservation Chair North Fork
· the Village of Greenport. Recently North Fork
to work on a joint project to provide a
Town. Rachel Baldwin of NFEC. and I. met
with .Jim ;ommunity Development Director. to post project off
Bridge Lane, t ~at the Town is about to purchase. During our meeting we
discussed the possibility of extanding~this project to other Town owned
propertiesj and establishing an ongoing habitat reformation progr~am. This
pro~3ram would' involve lOcal environmental organizations, and volunteers
worki the town to regreen areas by planting trees, and
help re-establish species', such as the F~-~tern
BI ired. scovered during the course of our conversation with Mr.
no comprehensive plan regarding the management
of vacant the Town. The North Fork Audubon believes in
the " working with the community in solving our pressing
les. Providing more habitats for wildlife enriches the
the North Fork. As a representative of North Fork
., to request' that the Town establish a management plan.
that i.Clelines regarding the designated use. and maintenance
the Town. The creation of a management plan
'headaches in the future, and provide a framework to
allow for the of projects such as ours'. Thank you for your time.
SUPERVISOR WICKHAM.: Thank you, Mary. Any other comments from the
audience?
TOM SAMUELS: A very brief comment. Tom Samuels. again, i find that
Councilwoman Hussle's comments about the new zoning were quite
appropriate. ! ,think that the socioeconomic impact of what we're doing here
has to be considered. I talked to a prominent banker today, who described
the economy of Southotd Town as actually being in an depressed state, not a
recessed state, a depressed state. The inroads of the winter have been
particularly significant in this town. The perception is growing
unavoidably I suppose, that the concern of the businessmen is necessarily a
hard priority. What we're seeing is. as Riverhead builds as the
discount stores come in. as the Home Depots come in. etc.. etc.. ~hat our.
so called, mom and pop businesses, which is what Southoid really is all
about, of being effected, and we have to be very careful that we don't
discourage them in any way. Perceptions are everything, and the
perception exists from the number of phone calls, and conversations, that
people have engaged in. that this is a case. Now. this is something we
want to avoid. As far as the re-zonings are concerned, certainly nobody
can quarrel with the desire for open space, and I certainly wouldn't argue
with it. I do find. however, it strange that the limited small acre zoning
that we have. it would seem to preclude those people that can't afford to do
a concise piece of property, so that's a problem that i see. I don't mean
to be negative, completely negative. I share the belief that we should have
open space, but I'd like it from the landmark decision by the man. who i
c~nsider the Supreme Court Justice. that I most admire. Oliver Wendell
Holmes. I certainly think it's applicable here. This is a famous law case.
We are endanger of begetting that a strong public desire to improve the
A'PRIL 5, 1994
public conditions is not enough to warrar~t'achieving the desire by a
shortcut than' the constitutional way of paying for the change. So. i think
we have to look at some of the people, that are being effected by the
resolutions, and the deS!res of the people, and make sure that we protect
those that. are effeCted m some way to the best of our ability. It is real
important to the small business community at the inroads that have occurred
in recent months, and.which will be,very evident come Spring. when things
should be going, are going to be very apparent, Thank you very much for
your time.
'SUPERVISOR 'WtCKHAM: I'd~ like to respond to that very briefly. I als0
have been' talking to a prominent banker, and I wouldn't be surprised if it's
the ,same man, I'm also aware, and I think the whole Board is aware of the
difficult economic situation, that we're in here. The man I spoke to
particularly ,endorsed. and strongly recommended, the direction that this
Board is ~aklng. a direction to strengthen the business community in the
existin9 village .centers'. and the ,motions. that the Board passed today are
all in the 'direction of strengthemng the businesses. I want to make it
clear, although there is a side of the coin. that will preserve open space
in between the villages, for myself a major motivation in endorsing this
legislation; and moving it. is specifically to strengthen the businesses
Where they are important in this town. naming in' the village centers.. -In the
long term that's what we'll promote, the welfare of our people, a stable tax
base. that ~is: not going to continue spiralling out of control, will provide
business opportunities for our people, and growth, economic growth, for the
future. That is what'is my motivation in these motions, that we've taken up
tonight~ and I might add~ additional motions, that we hope to put to this
Board in the future. Are there any comments from the audience?
FRANK CARLIN: You have to reach a happy medium, open space, and the
businessmen. I'm for the business people. They have to make a living.
When they make a living, it's our economy is right here. but we have to
protect the businessman', too. You 'said something kind of funny here. when
you said you can't stop busin,esses from coming into the town. Well. we can't
stop businesses from coming into the town. The more business comes into
the town. the more jobs there is for people. That means the economy goes
~iong with' that~ but I'm for the business people. More power to them. We
need that. in the town, I will always be for the business people,
SUEPRVISOR WICKHAM: Thank -you. Frank. Any other comments from the
audience? Yes. sir.
JIM HICKE¥: Jim Hickey from Mattituck, I have one question. In the
papers the other day. about the Burger King scare. Are you doing anything
about it?
COUNCILWOMAN OLIVA: You mean .as far as Burger King International. the
International Burger King. knowing anything about it? ! don't have enough
information to tell you whether they know anything, about it or not. I had a
call yesterday from the P,R, Director m Burger King in Florida. just
wanting to know what the situation was, and I told him, and I have to wait
and see what happens.
JIM HICKEY: According to Mr. Cuddy's statement..
COUNCILWOMAN OLIVA: I know Mr. Cuddy's statement. I listened to his
remarks on tape. and also. i heard what he had to say to Melissa the next
day.-and I conveyed exactly what he said. and that to the public relations
man from Burger King in Florida.
JIM HICKE¥: Has Attorney Dowd looked into it? I believe there's a Penal
Law violation, a General Business Law violation, parties conspired. Right?
Knowi.ngly. willfully, maliciously, t° submit a fraudulent application for a
permit to the Town Zoning Board. Am I correct?
COUNCILWOMAN OL'tYA: May I just answer that? Welt. not exactly. We
don't 'know that just yet. ,The application, and I've looked at the
application foden, and the SEQRA roi'iii, and so forth, the application was
made under the name of CoFam Realty of Patchogue. not for Burger
King. The application, the .most important thing, the application was made in
the name of CoFam Realty. That is the most important. Whether the
plans show the Burger King. or what have you. is almost irrelevant. Mr.
Cuddy stated at that meeting, that he was paid as a response to Miss.
Fletcher. and Miss Levy. that he was paid by CoFam Realty. and a
franchisee of Burcjer King. The next day he spoke to Melissa Spiro. and
said that he was. again, reiterated that he was paid by CoFam Realty~
and of Burger King. which had paid $5.000.00 to the
in New England. Now. let me do just one thing
because there's a lot of controversy, and. stuff.
d Burger King. there are two methods of ownership of a
'or McDonald's. One is owned directly by the corporate
~d one is a franchisee. Now. I assume that the
regional office, and get back to ~the Planning
, have my name. if there is any problem.
JIM HICKEY:
and stuff?
Wouldn't that be an infringement on Burger King's logo.
COUNCILWOMAN OLIVA: They can only do it if the franchisee is able to
get permission from corporate Burger King.
JIM ~HICKEY: I personally think the whole matter should be referred to the
District Attorney of Suffolk County. and as far as Mr. VanBourgendien.
the State Police salary is set on an average of all Police Departments
statewide. Follow me? A Police Chief. say. in Watertown. makes
$20.000.00 a year. Southoid happens to be part of Long island, which is
the Metropoitan area. That's why the salaries are so high.
PHIL ~ANBOURC;ENDIEN: That has no bearing on it. because the
Commissioner of the State Police of the State of New York is paid by the
State of New York.
SUPERVISOR WICKHAM: It's almost ten o'clock. Why don't we pull this to
a close? I appreciate your comments. They're in the record, and we'll take
them up in regard to Burger King; Thank you for. being here. Are there
any comments from members of the Board?
COUNCILMAN LIZEWSKt: I'd just like to say. that I'm glad that. Tom.
that you and cohorts are going to help decrease the size of this book to
help business out in the future, because decreasing the size of this book is
the only way that business can move through this plotting bureaucracy, that
we've created over the last 25 years. I'm glad' to see you're going to be
working toward that.
SUPERVISOR WlCKHAM: Thank you. Joe. Alice? [No response.) Anybody
from the left? Joe? Louisa? I would just like to very briefly remind, whose
left in the audience, that Saturday morning beginning at 9:00 o'clock
lasting ~ until 4:00 o'clock, will be a very exciting opportunity to
participate in the planning of Southold Town. You've heard tonight some of
the heat that is generated by planning questions in this town. Saturday is
an; opportunity for you. and for the people of this town. not just the Board.
to have a voice in the direction of planning in hamlets where you live.
Southold High School. nine o'clock in the morning, lunch will be served for
a small fee. to help shape the planning framework for the villages of this
town. Thank you. Do ! hear a motion for an adjournment?
M0~ed by Councilwoman Olvia. seconded by Justice Evans. it was
R~OLVED that .the Town Board meeting be and hereby is adjourned at 9:55
P.M.
Vote of the Town Board: Ayes: Justice Evans. Councilwoman Oiiva.
Councilman Townsend. Councilwoman Hussie. Councilman Lizewski.
Supervisor Wickham.
This resolution was duly ADOPTED.
Judith T. Terry ~
Southold Town Clerk