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HomeMy WebLinkAboutTB-07/26/1994421 SOUTHOLD TOWN BOARD JULY 26, 199~ Present: 'Supervisor Thomas Wickham, Councilwqman Alice J. Hussie, Councilman Joseph L. Townsend, Jr., Councilwoman Ruth D. Oliva, Justice Louisa P. Evans, Town Clerk Judith T. Terry, Town Attorney Laury P. Do~vd. Councilman Lizewski (11:25 A.M.) EXECUTIVE SESSION 9:15 A.M. - On motion of Councilwoman Oliva, Resolved that the Town Board enter into Executive Supervisor Wickham, Councilwoman Hussie, Counci Justice Evans. Also present: Town Clerk Terry, Board met 'with Special Counsel Frank Isler to dis the DEC Landfill :lawsuit, and possible acquisition of 10:05 A.M. The Board met with Thomas Mahe discuss engaging his services to prepare technical as part of the closure and post-closure investigatio Area (resolution no. 20). 10:25 A.M. - Mark McDonald, Planning Board mere for Suffolk County Preservation or Open Space Ft discuss the County's Water Quality Protection Progr ,econded by Justice Evans, it was ;ession. Vote of the Board: Ayes: .an Townsend, Councilwoman Oliva, Town Attorney Dowd.----The Town cuss progress of the settlement of open space property. · P.E., Dvirka and Bartilucci, to work plans and analysis required reports at the Cutchogue Disposal er and Southold Town's Advocate inds~ met with the Town Board to ~m. A letter was recently received from the County Executive's office stating that at a recent meeting of the Environmental Trust Fund Review Board it was agreed each town would send in a list of property that each town wished the County to acquire under th Quarter Per Cent Program on its behalf, listed in priority order, along with a Town Board resolution confirming the priority. To discuss the priority list, the Town Board convened the following executive session. EXECUTIVE SESSION 10:40 A.M. - On motion of Councilwoman Hussie, -~econded by Councilwoman Oliva, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes: Supervisor Wickham, Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans. Also present: Town Clerk Ferry, Town Attorney Dowd, Mark McDonald.----Discussed the possible acquisition of s Per Cent Sales Tax Program. 1l:00 A.M. - James Bunchuck, Solid Waste Coordin~ several items. He submitted a memo summarizing his Townsend's proposal to deliver boxes of Town Garb~ them. Mr. Bunchuck's proposal included specific under the proposal, and the Town Clerk objected It' was agreed Mr. Bunchuck and Town Clerk TE ,ecific properties under the Quarter :or, met with the Board to discuss position with regard to Councilman ~ge Bags to the merchants who sell [uties by the Town Clerk's Office :o certain aspects of the proposal. 'ry would meet and work out the logistics so the Town can begin the service.----Mr. Bunchuck next reviewed his proposal and submitted additional information concerning the purchase of a truck and payloader for the Transfer Station at Cutch0gue. Tl~e' Town Board then authorized Mr. Bunchuck to prepare the bid specifications for_ a tractor truck and a payloader; and Account John Cushman will be asked to order a bond resolution from bond counsel. 11:45 A.M, - Planning and Zoning Issues: The Town Board discussed the proposed Local~ Law in Relation to Bed and Breakfast Facilities and could not reach an agreement with regard to minor B&B's and need for a public hearing. The Town Attorney will revise it further and the Board will discuss it again on August ..... Pending decision on the Hamlet Density zone-changes on the Town Board's own motion were put on tt agenda for a decision (resolutions 21 through 26), with the addition of phrasing Morhing Enterprises and LBV Properties resolutions that the Town Board ' that these properties have acquired vested rights in an approved subdivision making substantial physical improvements on the site, and the Town Board agrees recognize the approved plan' as a valid non-conforming use under the Southold Town Code. 12:40 P.M. - Recess for lunch. 2:10 P.M. - Work Session reconvened and Chairman John Sullivan and Frank Thorp of the Board of Assessment Review met with the Town Board to bring them up to date on their activities from Grievance Day this year. There was a brief discussion on revaluation, and a meeting ~ill be arranqed betWeen the Board of Assessors, the Board of Assessment Review and the Town Board to discuss revalua[ion fur. ther.. 2:30 P.M. - Planning and 'Zoning Issues continued: A synopsis of the Stewardship Task Force recOmmenc~ations was distributed to the Town B6ard members, and they were asked to indicate Whether they' favor or not favor the specific recommendations, i.e. New bond referendum for purchase of development rights, designate sending zones for the transfer of development rights, adopt "Right to Farm" legislation, etc. They are asked to submit comments, and prioritize the recommendations, and then submit to Councilman Townsend for the Planning and Zoning Committee.----The signage and illumination issue will be handled by the Code Review committee. Policy and Finance Issues: Supervisor Wickham asked the Town Board to consider restoring the Code Enforcement Officer position and putting it under the Town Attorney's office. The issue was discussed and it was decided the Town would sit down with the Building Department, Police Department, and Planning .to .assess the capacity/ of those depar,tments: for enforcement.---Proposed "Local · in Relation to. Burning. ~ was placed on, .the agend, a. for a public hearing on Augus_ (see resolutions 27 '& 28).----Memorandum from. the Town Trustees with regard to the proposal by C°ur~cilman' Lizewski to enact a catch'~and-release law for Town ponds and lakes. They feel mOSt freshwater bass and pickerel anglers practice catch-and-release as a matter of course, even in freshwater tournaments. Also, trout fishing in waters like Laurel Lake are put-and-take (st0~ked), ~nd the taking of trout see~s quite in order. The Town Board would still like the Trustees to consider enacting a catch-and- release program.----The'Town Board discussed the format of their regular meeting. They would like to add comments from the Board members which would enlighten the public on that is discussed during the work sessions. 3:50 P.M. Community Development Administrator James McMahon introduced Aram Terchunian and Walter Bundy to the Board. Mr. Terchunian and Mr. Bundy are the principals of First Coastal Corporation, consulting environmental engineers and scientists, coastal geologists, and environmental resource planners. They discussed a proposal to review the Town's current programs relating to the Community Ratin. g System and prepare required application and supporting documentation for the Town to submit to the Federal Emergency Management Agency to support a reduction in flood insurance premiums in the Town of Southold. Following the presentation, Supervisor Wickham suggested, and the Board members agreed, that the Town might consider the proposal if the beneficiaries (residents of the Town who would benefit from the reduced flood insurance premiums) would pay the consultant's fee of $6,500.00. .... Memorandum from Senior Accountant John Cushman requesting the Town Board to consider a PropOsal~ t~) engage the services of Business Records Corporation to provide professional services for ~3anding the Town's finance system account structure (see~ resolution no. 28). JULY 26, 1994 423 ,. 4:30 P.M. -Personnel Issues: Appointment of a part-time CustOdian at the Human Resource Center (resolution no. 30).--Appointment of a part-time Clerk Typist for the Recreation Department (resolution no. 31).--Appointment of a temporary, provisional Clerk Typist for the Office of the Town Trustees while Jill Doherty is on maternity leave (re~olution no. 32).--Memorandum from Legislator Gregory Blass asking for th~ Town Board's nominee for a 'vacancy on the Council on Environmental Quality. Board will take under advisement,--Memorandum from Senior Accountant John Cushman asking if the Board wishes to continue to provide paid medical coverage to certain members who have been under the Town's plan for a number of years, now ~e ZBA and Planning Board must pay for coverage if they wish The Town Board agreed ;~h~ two members alread~ to do so.---Set 4:?0 P.M August 4th to interview .port Committee,---Supervisor Wickham agreed to interview tion in the Planning BOard to serve for the Rebecca Greene is leaving on August 5th,---Town , 1994 for a public hearing on the petition of the Lane, Wild Cherry Lane and Stor~y Shore Drive for a road no. 33), and placed a resolution on the agenda for bids, once the specifications are ready, · ~' no. ~34), appl rem Board set property im authorizing to improve: 5:00 Regu own Board reviewed the resolutions to be voted on at the 7:30 P,M. 5:10' P; M ~ ~ ~:Work SeSsion adjourned. REGULAR MEETING A Regular Meeting of the Southold Town Board was held on July 26, 1994, at the Southold Town Hall, Main Road, Southold, New York. S ° uper¥1sor Wlckham opened the meeting at 7:30 P.M. with the Pledge of Allegiance 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: We have a full agenda for this evening. We have a series of' for discussion items, that were conducted during the morning and the afternoon, a series of resolutions, one public hearing, and various opportunities for the audience to participate. Right now, we reviewed the audit of the bills this morning. Anyone want to move their adoption? Moved by Councilwoman. Oliva, seconded by Supervisor Wickham, it was RESOLVED that the. following bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $112,187.15; General Fund Part Town bills in the amount of $165,677.63; Nutrition Fund bills in the amount of $2,753.25; SNAP Program bills in the amount of $246.79; EISEP Program bills in the amount of $347.40; Community Development Fund bills in the amount of $69,263.36; Highway Fund Whole Town bills in the amount of $8,459.12; Highway Fund Part Town bills in the amount of $24,688.60; Lighting/Heating Capital A/C bills in the amount of $14,779.99; Employee Health Benefit Plan bills in the amount of $14,779.99; Fishers Island Ferry District bills in the amount of $232,795.89; Refuse & Carbage District bills in the amount of $9,723.93; Southold Wastewater District bills in the amount of $17,008.33; Fishers Island Sewer District bills in the amount of $98.47; Southold Agency & Trust bills in the amount of $3,173.78; Fishers Island Ferry Agency & Trust bills in the amount of $674.75. Vote of the Town Board: Ayes: JuStice Evans, Councilwoman Ollva, Councilman Townsend, Councilwoman Hussie, Councilma~ Lizewskl, Supervisor Wickham. This resolution was duly ADOPTED. 424 JULY 26, 1994 Moved by Councilwoman Hussie, seconded by Supervisor Wickham, it was RESOLVED that the minutes of the July 12, 199[[, Town Board meetinq be and .hereby approved. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman 'Townsend, Councilwoman Hussie, Councilman Lizewski, upervIsor ..Wlckham. - This resolUtior~ was duly ADOPTED. Moved by Justice Evans, .seconded by Councilwoman Oliva, it was RESOLVI~D that the next meetin, of the Sbuthold Town Board will held at 2 1994 at Fishers Island, New York, and of the Southold Town Board will be 9, 1994,. at the Southold TOwn Hall, Sou Vote of the Town Board: A.y. es: Justice Evans, Councilwoman Ollva, Councilman Townsend, Councllwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was du?y ADOPTED. SUPERVISOR' WlCKHAM'. You can see on your ,agenda We've got four reports before Us, the Board of Trustees, the RecreatiOn Department, the Supervisor's Budget Report for June. We had separate issues that we t~0k up in a discussion format. We're not reviewing them today, and most of them do not appear among the resolutions that We're going to consider. On the last page of the agenda was the sequence in which we took them up, and the manner that we dealt with them. I. REPORTS. 1. SoUthold Town T~ustee's Monthly Report for June, 1994. 2. Sou~old Town Recreation Department Monthly Report for June, 3. Southold Town Police .Department Monthly Report for June, 1994. $. SoUthold Town Superws0r's Monthly Budgel~ Report for June, 1994. II. PUBLIC NOTICES. 1. Corp of Army Engineers, New York District, application of Edward Hindermann to install a fixed open walkway, hinged ramp and floating dock to be secured by two 2-pile dolphins, located at East Creek, Great Peconic Bay, Cutchogue, Town of Southold, New York. Comments to be received by July 28, 1994. III. COMMUNICATIONS. None. IV. PUBLIC HEARINGS. 1. 8:00 P.M., on a proposed "Local Law in Relation to Parking by Permit". V. RESOLUTIONS. SUPERVISOR WlCKHAM: We have before us now a series of resolutions, and at this time anyone who would wish to address the Board on any one of these resolutions, that we're about to take up, is invited to do that. There will' be' an Opportunity after the meeting to address the Board on these resolutions, or anything else that you would like to do. Is there anyone Who would like to address the BOard on any one of these resolutions before us? (No response.) If not, would someone like to proceed? 1.-Moved by Councilwoman Hussie, seconded by Councilwoman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Beverly Norkelun as a SNAP Driver for the ~Sunday home delivered meals, effeCl~ive July 3, 1994. 1.- Vote of the ToWn Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 2.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED. that the Town Board of the Town of Southold hereby authorizes the following budget modification to the Ceneral Fund - Whole Town 199u~ Budget to appropriate Kaplan Crant funds for Stewardship Task Force expenses: Revenues: A2705 Gifts &' Donations $ 283.99 Town Board, Contractual Expenses $ 283.99 d: Ayes: Justice Evans, Councilwoman Olive, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 3.-Moved by Justice Evans, seconded by Councilwoman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and dfrec[s, the 'Town Clerk to advertise for applicants for School Crossing Guard. 3.- Vote 0f~ thel Town: Board: Ayes: Justice Evans, Councilwoman Olive, Councdman ~ Townsend, Councilwoman Hussie, Councilman Lizewski, Su.pervisor .Wickham. This resolutmn was duly ADOPTED. 4.-Moved by Councilwoman Olive, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes James McMahon to submit applications to the New York state Department of Environmb'ntal Conservation to construct stormwater run-off mitigation systems at the following locations: Gagen's Landing Road, Southold Waterview Drive, Southold Smith Drive South, Southold MaSon Drive, Cutchogue Locust Avenue, Mattituck COUNCILWOMAN OLIVA: I would just like to add that these are projects that the Town will be taking mitigate stormwater runoff to improve the shellfishing condition of our creeks. 4.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Olive, CounCilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 5.- Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes James McMahon to submit an application to the New York State Department of Environmental Conservation, Southold Town Trustees, Army Corps of Engineers, and New York State Department of Coastal Management Program to construct a concrete boat ramp at Sandy Beach Road, Greenport. 5.-Vote'of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisoi- Wickham. This resolution was duly ADOPTED. 6.-Moved by Councilwoman Hussie, seconded by Supervisor Wickham, it was RESOLVED that theTown Board of the Town of Sotuhold hereby grants permission to the American Diabetes Association, New York Downstate Affiliate, Inc., to use the following Town Roads on Sunday, September 11, 199L[, for their Tour 150 cycle event, provided they file with the Town Clerk a One Million Dollar: Certificate of Liability Insurance naming the Town of Southold as an additional insured: Peconic Bay Boulevard, New Suffolk Avenue, Eugene Road, Skunk Lane, Leslie Road, Indian Neck Road, Ackerly Pond Lane, Soundview Avenue, Kenny's Road, Bridge Lane, Oregon Road, Mill Lane, and Sound Avenue. 6.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl, Supervisor Wickham. This resolution was duly ADOPTED. 7.-Moved by Councilman Townsend, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute Partial Payment Request No. Three to the Federal Aviation Administration in the amount of $590,2u~3.00, and Partial Payme. nt Request No. Two to the New York State Department of Transportation In the amount of $31,007.88, with regard to the Fishers Island - Elizabeth Field Runways 7-25 and 12-30 Overlay (Construction) ~ Project, all in accordance with the approval of C&S .Engineers~~ Inc., the Town's consultants for the project. 7.- Ayes: Justice Evans, Cou.n. cilwOman Otiva, · CouncilwOman Hussie, Councilman Lizewski, This resolubon was duly ADOPTED. 8.- Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes a rei.mbuFsement fee of $.20 per mile for Southold Town .Lifeguards acting as rotating LifegUards (Lifeguards Who drive from beach to beach giving other lifeguards a 15-20 minute break). 8.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townser~U, Councilwoman Hussie, CoUm:ilm~n Lizewski, SuPervisor Wickham. This resolution was duly ADOPTED. 9.- Moved by Justice Evans, seconded by Councilwoman' Olvia, it was RESOLyED that the Town Board of the Town of Southold hereby authorizes SUperviSOr Thomas Wickham to endorse two (2) checks from the New York 'State Affordable Hou.sing Program for participants in Southold Villas, Section II, Lots 10 and 11. 9.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 10.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an advance check in the amount of $572.00 for the August 2, 1994 Bronx Zoo Bus trip (50 adult tickets at $6.40 each, ~t2 children at $6.00 each); said charge to be made to A7320.~, Joint Youth, Contractual Expenses, check made payable to New .York Zoological Society. 10.-Vote' of th~ Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. ll.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Personnel Assistant Barbara Rudder to attend a Career Workshop at the Holiday Inn, Riverhead, New York, on Tuesday, September 20, 199u~, between the hours of 8:30 A.M. and 4:00 P.M., and the actual expenses for registration, lunch and transportation, using a Town vehicle, shall be a legal charge to the Accounting F, Finance Department. l.l.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 12.-Moved by Councilman Townsend, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Brothers, Inc., in the amount $29.75 per ton, for supplying the Southold Town Highway Department with One Thousand (1,000) tons, more or less as may be needed, of Sand Mix Asphalt, all in accordance with the bid specifications. 12.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 13.-Moved by Councilwoman Oliva, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure of Village Lane, orient, between the intersections of Orchard Street and FletCher Street, as a safety measure, between the hours of 10:00 A.M; and 4:00 P.M., Saturday, August 13, 199~,, while the Oysterponds Historical Inc. is holding its annual fair. "18th Century Day", provided Town Clerk a One Million Dollar Certificate of the Town of Southold as an additional insured. IS.-Vote Ayes: Justice Evans. Councilwoman Oliva, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. l~.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED ti3at the ToWn Board of the Town of Southold hereby appoints Dwayne Farley and Adam Patum as weekend SNAP Drivers (Supplemental Nutrition Assistance Program), effective immediately, at a salary of $5.00 per hour. 14.-Vote of the' Town : Ayes: Justice Evans, Councilwoman Oliva, Councilwoman Hussie, Councilman Lizewski, SuperVis°r W|ckham. This resolution was duly ADOPTED. 15.- Moved by Justice Evans, seconded by Councilwoman 'Oliva, 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 Whistler Avenue"; now, therefore, be it RESOLVED Town Board hereby set 5:05 P.M., Tuesday, August 9, 1994, Hall, Main Road, Southold, New York, as time and place hearing on this proposed Local Law, which reads as A Local Law in Relation to Whistler Avenue BE IT ENACTED, by the Town Board of the Town of Southold as follows: i. Chapter 92 .(Vehicles and Traffic) of the Code of the Town of Southold is hereby amended by adding thereto the following: 1. Article IV, Section 92-~1 (Parking prohibited at all times) is hereby amen, tied by adding thereto the following; Name of' Street · Side Location Whistler Avenue South At Fishers Island, from the southeasterly corner of the intersection of Whistler Avenue and Airport Road easterly for a distance of 1795 feet. II. This Local Law shall take effect upon its filing with the Secretary of State. Underline indicates additions. 15.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oiiva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 16.-Moved by Councilman Townsend. seconded by Justice Evans. it was RESOLVED. that the Town Board of the Town of Southold hereby authorizes the Board of C0mmissioners of the Fishers Island Ferry District to engage the services of Jesse A. Marshall as a part-time Deckhand, effective immediately, at a salary of $5.75 per hour. 16.-Vote of 'the Town Board: Ayes: Justice Evans. Councilwoman Oiiva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl. Supervisor Wickham. This resolution was duly ADOPTED. 17.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Rebecca Greene, summer intern in the Planning Board office, effective Friday, August 5, 199L~. 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.-Moved by SUpervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of theTown of Southold hereby accepts the following bids for the purchase, from the Town of Southold, various used vehicles in' aS-is -condition: To YehUda Yana¥, New York, N.Y.: 1992 Ford Crown Victoria, Vin.#2FACP72W6NX206523 - $2,575.00 1992 Ford Crown Victoria, Vin.#2FACP72W1NX206526 - $2,575.00 T988 Chevrolet Caprice, it. blue, Vin.#1G1BL5160JA159752 - $1,~75.00 To North White Auto Sales, N. White Plains, N,Y.: 1988 Chevrolet Caprice,.dk. blue, Vin.#1GIBL5162JR193774,- $I,400.00 1989'Chevrolet Caprice; Vin.#1G1BL5179KR202268 - $1,800.00 1989 Chevrolet Caprice, Vin.#1G1BL5174KR209970 - $1,700.00 1980 Dodge Van, blue, Vin.#B32JEAK111393 - $10.00 1980 Plymouth Van, blue, Vin.#BC6Tak137973 - $I0.00 Chambers Auto Sales, Trenton, N.J.: 1989 Chevrolet Caprice, Vin.#1G1BL5177KR201040 - $1,401.00 1988 Chevrolet Caprice, white, Vin.#1GIBL5161JAI59856 - $1,301.00 Fred J. Gallo Used Aut, o Parts, Inc., Riverhead, N.Y.: 1982 Dodg(~ pickup, white, Vin.#JB7FP2474CY704104 - $51.00 1984 Plymouth pickup, tan, Vin.#JB7FP24D6EY700869 - $51.00 1987 Dodge pickup, It. blue, Vin.#JB7FL29E8HP049266 - $128.00 1982 Ford, bluel, Vin.#EFABP35FSCB11223 - $69.00 Ed Stanley, Southoid, · N.Y.: 1987 Dodge Van, It. blue,i Vin.#2B5WB31TXHK279992 - $527.12 Coastline Trucking, Inc., Southold, N.Y. 1956 International I~ump Truck, Lt. blue, Vin.#RDU,0666889 - $205.00 18.-Vote of the :Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman TOwnsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOP]I-ED. 19.- Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED ~that the Town 'Board of the Town of Southold hereby accepts the following bids to furnish and place Asphalt Concrete with the Town of Southold, as may be required, for a period of one (1) year, all in accordance with the bid specifications: Delalio Coal .& Stone, Inc. d/b/a South Fork Asphalt Corp., East Hampton, N.Y. 0 - 350 tons - $1~6~75 per ton Corazzini Brothers, Inc., Greenport, N.Y. .00 per ton 000 tons - $39.50 per ton over 1,000 tons - $39.00 per ton AND BE IT FURTHER RESOLVED that Supervisor Thomas Wickham be and he hereby is authorized and directed to execute a contract between the Town of Southoid and Delalio Coal & Stone, Inc., d/b/a South Fork Asphalt Corp., and the Town of Southold and Corazzini Brother, Inc. for the aforesaid services. 19.- Vote of' the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. JULY 26, 1994 429 20.- Moved by Supervisor Wickham, seconded by Councilwoman Oliva, WHEREAS,~ the Town Board of the Town of Southold accepts responsibility for closure and post-closure measures related to the closed Cutchogue Landfill and the .Fishers Island metal dump; and WH.EREAS, there are many technical options to be explored in designing optimum closure and post-closure measures for these two landfills; now, assist Attorney; and be it F Board of the Town hereby authorizes and directs Wlckham to execute a contract between the Town of & Bartilucci, Inc. (D&B) to engage the services of assist the' Town in preparing the technical work plans of the closure investigation reports, and to all in accordance with the approval of the Town that the Town Board authorlzes up to $6,000.00 for on agreed hourly rates for Mr. Maher and his the General Fund - Whole ToWn Account. Ayes: Justice Evans, CouncilWoman Oliva, Hussie, Councilman Lizewski, 'SuperVisor Wickham. This resolution was duly ADOPTED. 21.-- apl Councilman Townsend, seconded by Counci.lwoman Oliva, Board of the Town of Southold, upon examination and "Review of Hamlet Density zoning in the February, 1994, concluded that Hamlet Density Co. property located on the south side of Route Lane, Greenport, SCTM#1000r~0-3-1, is not their reasons in their resolution of April 5, reso findings of April 5, 1994, the Town Board zone on their own motion on the Kace Realty Density (HD) Residential District to Low Density mg fee 34' Vii ,e of zone was referred to the Southold Town County Department of Planning for official and pursuant to due notice, held a Public hearing of June, 1994, at Which time all interested to be heard; now, therefOre, be: it Board of the Town of own the zone on the property, from ReSidential District to Low Density :iai R-80 scribed as follows: southerly line of Middle Roadi(C.R. 48) at the the land of the the premises herein the easterly line of courses: (1) 1399.39 feet, a distance feet; thence. of and the int .being thence on: a' curve to the ' ',~R. 85 r53.38 thence along said lan, d two.'couEses: (:1)~ S.23o (2) 5.21°23'30"E.-i06,0 feet to of the along said land six S.23° (2) S.5° 08'30"W.-6~ N.68° i~t) N.22°18'00"W.-56zt.52 S.72° (6) N.O°53:30"W.-3~3.58 fe 3int of acres. Ayes: Justice Evans, Counci!lwoman Oliva, Wickham. No: CounbilWoman Hussie, s LOST. COUNCILMAN LIZEWSKI: I have asked to give a reason, for the record, why I voted no on HD zone changes. First, I believe the p.e. ople granted these zone changes did so in good faith. I believe they deliberated, and made thei~ decisions based on public hearings, and much debate. I believe that the zone changes conform to the Master Plan at the time of the decision, i, also, believe that most of zones are in compliance with today's Master Plan, recommendations of the Stewardship Task Force. zoned areas certainly would be receiving areas for TDI parcels of land to make them available a later date is unconscionable. Taking s of 'the' owners of these HD areas shOw the lack of all on the part of the ruling majority of this Board. an provocation of the citizens of this town do not believe that any government should rights so call0u.s, ly' in the name of public good; ~e, rs a~e also the Public. From the onset it was clear that an attem to strip these OWners of'their .property lacked moral fortitude. 'This Bc carried on a deliberate at~aCk to' strip these' people of their rights. More thought was given to how to win and to perceive. than the reason for doing so. No thought was given to the consequences placed on with a change of zone. If .this Board is successful in )u the I'S heir actiOn, the~ is morally acceptable. Thank yOU. SUPERVISOR WICKHAM: I'd like to make a brief comment. First~ I~d like to make a prOcedUral comments, and that is th&Town Clerk can ask that the motion was favor of the S~a~e if ma ca~ are I'd th.s, pel the fact that a majority of the The reason for that is. there is a~ says that ina change df zone. which this property is being rezoned objects : majority is four votes, and applying 'd have to have five 9otes~ and as resolution.! and two ' think ti s prepared. : PrOposed change of z . ~is Clear. Several weeks ~ed and heard~a )J :les are voted in in is, a mple it a six e i~1 our · rit. I pretty the ~ring in Jeepl¥ concerned comment, that we of people; · 1 think our or r ities and ~ke. the ~vote as a d those aroL the t tho., ,he fact, t a need at It seem~s~to me ng permitted at the RLSb level. Whic. h is proposing in these change of zones resolutions, is consistent term interest of Southold Town, of for ense are - 431 JULY 26, 1994 22.-Moved by Supervisor Wickham, seconded by Councilman Townsend, WHEREAS, the TOWn Board of the Town of Southold, upon examination and discussion of a report entitled, "Revrew of Hamlet Density Zoning in the Town of Southold"; dated February, 1994, concluded that Hamlet Density zoning of the John Ceier& Another property located on the south side of Route /~8, [[00 feet west of Moores Lane, Creenport, SCTM#1000-t[0-/~-I, is not a iled their reasons in their resolution of Apri! 5, their findings of April 5, 199~t, the Town Board the zone on their own motion on the John Ceier& from Hamlet Density (HD) Residential District to Low ~1 R~80 District; and change of zone was referred to the Southold Town County Department of Planning for Official and reports; and WHEREAS, the Town Board. pursuant to due notice, held a pubic hearing thereon on the 28th day of June, 199L~, at which time all interested mol 350.68 feel 01' 06' 01'1; LOST. 22°-- to be heard; now, therefore, be it Board of the Town of Southold, on their own the zone on the property of John Ge|er E, Another (HD) Residential District to Low Density Residential is described as follows: the southerly line of NorriS' Road (C.R.~, 48) at the of land of the Village of Greenport and the of the premises herein described, said point' being the westerly line of Moore's Lane; running thence · t'he Village of Creenport three courses: (1) S.Qo thence (2) S.84°53'30"W.-L~7~.2U~ ~eet; thence (3) N.Lp to North Road; thence along North Road N.55° of beginning. Contains 10.557 acres. Ayes: Justice Evans, Councilwoman Oliva, upervisor Wickham. No: Councilwoman Hussie, 23.-- discu~ Town of zoningl of 25. 1139 rec WHI s, seconded by Councilwoman Oliva, Board of the Town of Southold, upon examination and "Review of Hamlet Density Zoning in the dated February, 1994, concluded that Hamlet Density Properties property, located on the north side of Route of Sound Road, Greenport, SCTM#1000-35-t-25, is and detailed their reasons in their resolutions of April 5, on their findings of April 5, 199L~, the Town Board the zone on their own motion on the LBV Propert!es Density (HD) Residential District to Low Density and change of zone was referred to the Southold Town County Department of Planning for official ~orts; and pursuant to due notice, held a public hearing 1994, at' which time all interested persons ' to be heard; and ~ input received at the public hearing, the Town Board ;rty has acquired vested rights in an approved substantial physical improvements on the site, rees to recognize the approved plan as a 'valid Southold Town Code; now, therefore, be 'it Board of the Town of Southold, on their own the zone on the property of LBV Properties from Residential District to Low Density Residential R-80 the aforesaid property is as follows: Beginning at line of Main Road (also know as North Road) at the of the premises herein described, said point being 432 ..... Contains 132.r{)9 acres. 23.-Vote of the Town Board: Ayes: Councilman Townsend, Supervisor Councilman Lizewskl. This resolution was LO~T 2190,15 f.eet~ easterly from t~e easterly line of Sound Road; running thence along. Sand ~ land ~f Schofleld and Mclntosh two courses: (1) N.11° 31~10"W.-210.0 feet; thence (2) N.19°16'00"W.-3~.0 feetj thence continuing along said land and along other land of LBV Properties S.65° 47'lO"W.-SZPt. 21 feet;- thence continuing along said other land of LBV Properties S.66~36'40"W.-765.20 feet to land of Jem Realty Co.; thence along said land four'courses: (1) N. 41o39'10"W. -505. 36 feet; thence (2) N.65° 0750"E.-376.u~0 feet; thence (3) N.32o28'10"W.-982.87 feet; thence (4) N.32° 57'20"W.'410.00 feet to Long Island Sound; thence along Long Island Sound seven coUrSeS: !(1) Ni~"°12'40"E.-564.0 feet; thence (2) N.25o16140"E.-398.12 feet;thence (3) N~58~57'20'"E.-601.09 feet; thence (4) N.42o36~50"E.-169.'~5 feet; thence (5) N.57 59!~0"E.-188.68 feet; thence (6) N.~l°51'20"E.-322.22 feet; thence (7). N.31© 15'10"E.-[r83.72 feet to land of Island's End Country Club; _ thence along said~tand fourteen courses: (1) 5.30°10'40"-910.0 feet; thence (2) S.31=03'~0"E.-300.01 feet; thence (3) S.28o19'30"E.-89.61 feet; thence (u.) S.13o~6,30,E..33.68 feet; thence (5) S.27o56'50"W.-65.[r7 feet; thence (6) S...?o19'/J.0"E.-179.94 feet; thence (7) S.1o3~'00'-; "E.-300.20 feet; thence '(8) S~3°40'00"E.-100.0 feet; thence (9) S.0°04,~20"W.-172;71 feet; thence (10) S.5°18'~9''E,'100,93; thence (11) S.Oo 39':30"E.-100;15 feet; thence (12) --.-~34.17 feet; thence (13) S.7~02'0(?'E.-40~19 feet; thence (lU.) feet; thence continuing: along said 'land and along la.nd of Ri 30"E.-805.0 feet to the Main Road; thence along Main Road S 01'20"W. =634. 76 feet to the point of_ begi.n, ning. Justice Evans, Councilwoman Oliva, Wickham. No: Councilwoman Hussie, 24.-Moved by Councilwoman Ol~iva, seconded by Supervisor Wickham, WHEREAS, the Town Board of the Town of Southold, upon examination and discussion of a report entitled, "Review of Hamlet Density Zoning in the Town of Southold", dated February, 1994, conclUded that Hamlet Density zoning of the Mohring Enterprises property ocated on the east side of Chapel'. Lane,. ,s~.uth of Route 48 and north of Rout 25, Greenport, SC~M#1000-045 2 10.5, is not appropriate, and detailed their reasons in their resolution of April 5, 199~; and WHEREAS, based on their findings of April 5, 1994, the Town Board resolved to change the zone on their own motion on the Mohring Enterprises property from Hamlet Density (HD) Residential District to Low Density Residential R-80 District; and WHEREAS, the proposed change of zone was referred td the Southold Town Planning Board and Suffolk County .Department of Planning for 'official recommendations and reports; and WHEREAS, the Town Board, pursuant to due notice, held a public hearing thereon on the 28th day of June, 199~, at which time all interested persons were given an opportunity to be hear.d; and WHEREAS, based on input received at the public hearing, the Town Board recognizes that this property has acquired vested rights in an approved subdivision plan by making substantial physical improvements on the site, and the Town Board agrees to recognize the approved plan as a valid non-conforming use under the Southold Town Code; now, therefore, be it RESOLVED that the Town Board of the Town of Southold, on their own motion, hereby changes the zo.ne on the property of Mohring Enter;prises from I~iamlet Density (HD) Residential District to Low Density Residential R-80 District. The legal description of the aforesaid property is as follows: Beginning at the point of intersection of the easterly line of Chapel Lane with the southerly line of'Middle Road (C.R.48), and running thence along Middle Road three coufses: [1) N.52° 58'50"E.-27.0 feet'; thence (2) Northeasterly on a curve to the left having a radius of 749.20 feet, a distance along said curve of 338.09 feetj, thence (3) N.36°33'20"E.-4u~0.0 feet to land of Siolas and Tsounis; thence along said land S.53°26~40,E.-~60.05 feet to land o¢ Village of Greenport; thence along said land two courses: (1) So18° 37~00"W.-448.87 feet; thence (2) S.~1° 26~30..E._696.77 feet to Lutheran Church property; thence along said land three courses: (1) S.51© 03~00"W.-659.82 feet; thei3ce (2) N;88°22'40"W.550.0 feet; thence (3) S.76 u~1~30"W.-100'.0 feet to the easterly line of Chapel Lane; thence along Chapel Lane two courses: (1) N.2° 5~'50"W.-272.19 feet; thence (2) N.~ 19'20"W.-806.79 feet to the point of beginning. Contains 28.822 acres. 24.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ollva, Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie, Councilman Lizewski. This resolution was LOST. 26, ,99. 4 3 3 25. COUNCILWOMAN HUSSIE: May I say something here? While I agree that one of Southold Town's premier assets is our open space and that we must protect our environment, I cannot concur with those who would protect those envir.onmental assets ,at the expense of the rights of .property owners, who in this and the previous instances have held these rights for many years. To take these property rights without any compensation considered or offered is unconscionable. The argument that an equitable distribution of housing density is desirable is a good point. However, no attempt has been made to redistribute such density, and this lack of action brings into question the intent ~f-the Town planning goals. Any zone change must be Calculated tO benefit the community as a whole, and must consider the heal' of that community. The cost of: the land is the ~ng, and the reduction in smaller land ~ut potential homeowners of modest means. WHI zonil the SC' resoJved to WH Plal WH a corner Wickham, seconded by Councilwoman Oliva, own'Board of the Town of Southold, upon examination and entitled, "Review of Hamlet. Density .Zoning in t..he 199~, concluded that Hamlet Density Siolas & Catherine Tsounis property located on ~t8, 805 feet east of Chapel Lane~ Greenport, appropriate, and detailed their reasons in their and findings of April 5,..199[t, the Town Board zone on their own motion on the John G. Siolas & from Hamlet Density (HD)Residential District R-80 District; and of zone was referred to.the Southold Town SUffolk County Department of Ptann[ng for official ~rts; and pursuant to due notice, held a public hearing of June, 199~, at which :time all' interested to be heard; now, therefore, be it 'Town Board of the Town of Southold; on their own the zone on the property of Hamlet Density (HD) Residential i District. : the aforesaid property is as follOws: line of Middle Road (C.R. u,8):at Simeon Retirement Community, Inc~ :orner of the premises herein de., the easterly line of Chapel Road N.36 33~20"E.-12L~.20 10ng said land two courses: C1) 37'00"W.-130.5~ feet to said ~ilnc.; thence along said Siolas & to Low at 'ly and the thence Simeon "W', -/~60.05 Contains 1.25 acres. Ayes: Justice Evans, Counci~lwoman Oliva, pervisor Wickham. No: Councilwoman Hussie, 26. - Moved WHEREAS, discussion of a Town zoning 25, to WHE Plann WI thereon on Oliva, seconded by Justice Evans, Board of the Town of Southold, upon examination entitled, "Review of Hamlet Density Zoning in the February, 199[[, concluded that Hamlet Density Co. property located on the north side of Route ROad, Oreenport, SCTM#1000-035-1-2/~, is not their reasons m their resolution of April 5, finding of April 5, 199u~, the Town Board resolved their own motion of the Jem Realty Co. property ) Residential District and Low Density Residential Residential R-80 District; and of zone was referred to the Southold Town County Department of Planning for official reports; and Board, pursuant to due notice, held a public hearing of June, 199~, at which time all interested to be heard; now, therefore, be it Board of the Town of Southold, on their own zone on the property of Jem Realty Co. from Residential District and Low Density Residential R-~0 R-80 District. 4 3 4 JULYs26, 199" The legal description of the aforesaid property is as follows: Beginning at a point on the northerly line of Main Road (also known as North Road) at the southeasterly corner of lahd of Sinuta and the southwesterly corner of the premises .herein' described, said point being 55u,.tl~ feet easterly from the eoa=s~e~r~ hne-of Sound Road;. running the..n, ce along said land of SJnuta N.26:56.'20'W.-2tt0.77 feet to land of Sledjeski, thence along said land two courses: (1) N:30058'00"W.-198.28 feet; thence (2) S.66°00'30"W.-389.u~7' feet to land of. Harrower; thence along said land and along land of others two courses: (1) N.27°tt7;30"W.-SttS.67 feet; thence (2) N.27°33'20"W.-1306.69 feet to Land Island Sound; thence along Long Island Sound four course{': N.60Q32'20"E.-356.27 feet; thence [2) N,58°10'O0"E.-386.0 feet; thence (3) N.660 10'00"E.~342..0 feet; thence (u,) N.79°13'30!'E.-357.33:,feet to land of LBV Properties; thence along said land four ? courses: (;1) S. 21° 3~'u~0"E,-Ltl0.0 feet; thence (2) S.21~05'30"E.-982.87 feet' thence (3) S.76° 30'30"W.-376.40 feet; thence (4) S.30° 1630"E:-1085.53 feet to Main Road; thence along Main Road two courses: (1) S.78°09'20"W.-329.44 feet;,ot;hence feet to the point of beginning. Contains 62~3 ,acres. 26.- Ayes; Justice Eva'ns~ Councilwoman. Oliva; Councilwoman Hussie, SuPe~v. isor Wickh~m. No: Cour This resolution was dul~/ ADOPTED. 27--Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that pursuant to Article 8 of the Envronmental ConserYation Law, State Environmental Quality Review Act, .anti' 6NYCRR Part 617.10, and ChaPter ~[t of the COde of the Town of Southold, notice hereby given the Southold Town Board, in conducting an uncoordinated review of this , h. as determined that there will be no significant effect on ant. DE$CR ACTION: Proposed "Local Law in Relation to Burning", --(Outdoor Burning), by deleting, in its entirety, g wastepaper, rubbish or other inflammable matter or ~ ,outdoOrs within the limits of the Town of Southold. The proposal 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 27. -- effect to the CoL environment is likely [nned. ard: Ayes: Councilwoman ADOPTED. to occur should the proposal be Justice Evans, Councilwoman Otiva, Hussie, Supervisor Wickham. No: 28.-Moved by~ Councilwoman Oliva, seconded by Councilwoman Hussie, WHEREA~S, there i has been presented to the.Town of Town of Southold, a proPo~e~. Local law entitled, "A Local Law m Relation to Burning"; now, ;cheref°re, be it RESOLVED that the Town Board hereby sets 5:00 P.M., Tuesday, August 9, 199[t, 'Sbuthoid, 'Town Hall, Main Road,. Southold, New York, as time and place for a public hearing on this proposed Local law, which reads as follows: A Local law in Relation to Burning BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 36 (Burning, Outdoor) is hereby amended to read as follows: 1, Section 36-2 (Rubbish fires) is hereby deleted in its entirety. No- pet~on- she+i- s~t ~ or ~ or cau~ ha~ set ~ ~ or ~? a~ ~~ ru~ or o~her ~a~ab~ ~er or ~~-ou~d~-~ the H~s of the T~n ~ aH-eases d~ ~ega~ sha+F b~g+ven-~ ~ ehe ¢~ea~ .o6 a s~ or od~n~san~- 2. Section 36-3, 36-~, 36-5 and 36-6 are hereby renumbered 36-2, 36-3, 36-~, 36-5 consecutively. II. This Local law shall take effect upon its filing with the Secretar~ of $tate. ~ Overstrike represents deletions 435 -- JULY 26, 1994 · 28.- Vote of the Town Board: Ayes: Counc!lman Towns.end, Councilwoman Councdma~ LizeWskl. This resolution was. duly ADOPTED. Justice Evans, Councilwoman Otiva, Hussie, Supervisor Wickham. No: SUPERVISOR WICKHAM: I'd like to declare a recess in our adoption and consideration of resolutions just now. Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that a recess be called at this time, 8:00 P.M., for the purpose of holding a public hearing. 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 8:05 P.M. 29.- Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the T, own Board of the Town of Southold hereby authorizes and directs 5upervisc~r Thomas Wickham to execute an agreement between Business Records Corporation and the Town of Southold whereby BRC will provide professional services for expanding the Town's finance system account structure, at a cost not to exceed $4,500.00; charge to be made to A1680.~, Central Data Processing, Contractual Expenses. 29.- Vote of the Town Board: C ' Ayes: Justice Evans, Councilwoman Oliva, ouncdman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 30.- Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RES Town Board of the Town of Southold hereby appoints Wa hance as a part-time Custodian for the Human Resource Center, 17-1f2 s per week, at a salary of $7.00 per hour, effective immediately. 30.- Vote Board: Ayes: Justice Evans, Councilwoman Oliva, ownsend, Councilwoman Hussie, Councilman Lizewski, upervJsor W~ckham. This resolUtiOn was duly ADOPTED. 31.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints A Linda · Knoernschzld as a part-time Clerk Typist for the Recreation Depar.tn?ent, 17-1/2 hours per week, at a salary of $6.82 per hour, effective imi:nedlately. 31.-Vote :of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, CounCilman Townsend, Councilwoman Hussie, Councilman Lizewskl, supervisor Wickham. This resolution was duly ADOPTED. 32.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Laurel Lee MaComber, as a temporary provisional Clerk Typist for the Office of the Town Trustees, full-time, 35 hours per week, at a salary of $21,786.9[t per .annum, while Clerk Typist Jill Doherty is on maternity leave, effective September 19, 1994 through March 20, 1995. 32.-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: This next resolution is a petition, of the owners of the more than half of the real property fronting on Bayberry Lane, Wild Cherry Lane, and Stony Shore Drive for the improvements of roads in their subdivision. 33.- Moved by Supervisor Wickham, seconded by Councilwoman Oliva, At a Meeting of the Town of the Town of Southoid, Suffolk County, New York, held on the 26th' day of July, 1994. PRESENT: Thomas H. Wickham, Supervisor Joseph J. Lizewski, Councilman Alice J. Hussie, Councilwoman Joseph L. Townsend, Jr., Councilman RUth D. Oliva, Councilwoman Louisa P. Evans, Town Justice Members o¢ the Town Board In the Matter The petition of the owners of more than one- half of the rea. I property fronting on Bayberry Lane, Wild Cherry Way and Stony Shore Drive for the improvement of said roads. Order for Meeting to C~nsider Petition for Street Improvements WHEREAS, a written petition, dated May 23, 1994, was heretofore duty filed with this board pursuant to Section 200 of the Town law of the State of New York for the improvement of highways in said town knows as Bayberry Lane, Wild Cherry Way and Stony Shore Drive, in the Town of Southold, and shown and designated on a certain map entitled "Map of Shorecrest at ArShamomaque", surveyed by Van Tuyl Land Surveyors, .Greenport, New York, and filed in the Office of the Clerk of the-County of Suffolk on April 6, 1971, as Map number 5584, aniJ this day filed in the Office of the SoUthold Town Clerk, by the permanent pavement of such portion thereof as may be necessary, and the construction of such curbs, gutters, catch basins and drainage facilities as may be necessary; and whereas it duly appear~ that such petition has been duly signed by the owners of real property owning at least one-half of the entire frontage or bounds on both sides of said highway; and whereas it duly appears that such petition was also duly signed by resident owners residing in or along such highway; and whereas such petition was duly, acknowledged or proved by all the signers thereof in the same manner as a deed to be recorded; and whereas the maximum amount proposed to be expended for the improvement of said highways as stated in the petition is the sum of Fifty Thousand Dollars ($50,000.00), it is pursuant to the provisions of said Section 200 of the Town Law of the' State of New York, hereby ORDERED that the Town Board of' the Town of Southold, Suffolk County, New York, shall meet at the Southold Town Hall, at Southold, in said Town, on the 23rd day of August, 199u,, at 8:00 o'clock in the evening of that day~--~'~r the purpose of considering the said petition and hearing ali persons interested in the subject thereof concerning the same. 33.-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: i would to very briefly comment. This an old subdivision, who's roads were never (tape change) to get it up to level that it could be .offered to the town, and the town could accept it. That's the purpose of it. 34.-Moved by Justice Evans, 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 bids for the permanent pavement and construction of curbs, gutters, catch basins and drainage facilities, as may be necessary, of the highways in Southold known as Bayberry Lane, Wild Cherry Way and Stony Shore Drive, as shown and designated on a certain map entitled "Map of Shorecrest at Arshamomaque", all in accordance with the bid specifications as~approved by Superintendent of Highways Jacobs. 34.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman TOwnsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 35.- Moved by Councilman Townsend, seconded by Supervisor Wickham, WHEREAS, there was .presented to the Town Board of the Town of Southold .0n the ~,2th day of July, 199L~, a proposed Local Law entitled, "A Local law in Relati0n to Parking by Permit" and WHEREAS, a public hearing was held on this Local Law on the 26th day of all interested persons were given an opportunity to be it Board hereby enacts Local Law No. 15 - 199~,, BE IT ENAC' I. Chapter (21) II. This State. * Underlil 35.- Vote Counci Supervise Wickham. LOCAL LAW NO. 15 - 1994 A Local Law in Relation to Parking by Permit the Town Board of the Town of Southold as follows: At Beaches) of the Code of, the ,Town, of Southold '., follows: of parking areas requiring permits.) / adding the following: both sides, between Sound west side only, from the 'her of Lake Drive and Kenn;y's Road of Kenny's Road. take effect upon its filing :with the Secretary of Ayes: Justice Evans, Councilwoman Oliva, Councilwoman Hussie, Councilman Lizewski, This resolution was dUly ADOPTED. SUPERVISOR WlGKHAM: That ends the resolutions before us tonight, is there anyone in the audience, who would like to address the Board on any matter of their interest? Yes? MURIEL ANDREWS: I'm Muriel Andrews. I live on Indian Neck Lane in Peconic. I was here at the last Board meeting, and I'm back again. I've been trying to.find Out. in regards to the ADD house the names of t. he people on, the Site seieCtlon Committee, and after several conversations with Lauren Grant, today' she told me. she was uncomfortable giving me t.h.e names. Since the p~oPle representing the Town I feel it should be publ c knowledge., the[efo~'e I' completed this Freedom.of Information application for your consider~l~ion, a.n.d I would also like to reintegrate the request we made at the last BOard meetirig, for the specia Town Board meeting for the people of Indian Nec~ [o disCuSs this proposal. SUPERVISOR, WICKHAM: You certainly have a right to those names. TOWN CLERK TERRY: I wish you had spoken to me. I would have given it to you immediately. It's public information. If you wait after the rheetlng, I'll give it to you. MURIEL ANDREWS: Great. Thank you. SUPERVISOR WICKHAM: Anyone else, who would like to address the Board On this Or o{her mat{ers? DIANE SMITH: My name is Diane Smith, and I'd like to speak to the Board on the Bed and Breakfast issue. B&BJs are commerce, and commerce is commercial. You're providing a service to the public, and accepting money for it. B&B~s should be in commercial areas. What is being suggested here is that B&B~s be allowed to operate in purely residential zoned areas. That is bringing commercial into these residential use zoned areas. B&B~s should be where they enhance the area, where commerce already exists, easily located, not where they commercialize a residential area. That a change. B&B~s should be in the heart of town, not in residential neighborhoods .where they are not wanted. Residents should have the right to ~eard to reject ~he I~&B from coming in. You can not put restaurants where you want, why then small hotels, B&B~s, that serve f~od? During the Strawberry Festigal I was going along the road, and I saw a sign out, and it was a very tacky cardboard sign, that said park in my driveway for 438 JULY .26, 199,2 -.~ $5.00, and that, I think, kind of illustrates what can happen if we allow anyone, and everyone to operate a Bed and Breakfast. B~,B~s should be licensed and regulated, so if they are not operated properly, then their license can be revoked. ! think the disturbing thing about this new proposed B&B Law is that your residential zoning will now not protect that zoning, and your right to protest and be heard will not exist. SUPERVISOR WICKHAM: Thank you. Would anyone on the BOard like to respond On the issue of Bed and Breakfast, which was in part of the agenda during the' 'Work Session? COUNCILWOMAN HUSSIE: I was hoping you'd ask. Fo.r everybody there a proposed .Code .cha~ge will soon be brought, to a Public Hearing.'for input and your comments. .The subject is permission' to operate a Bed and Breakfast establiShment. The present Code grants permission for a B&B for not more than 3 rooms to be rented to not more that 6 people, after application:and review by the Board of Appeals. Now .the Town Board is proposing that 2 rooms can be rented with no restriction on the number of people. If it gets permission from the Building Department, has 2 exits and smoke alarms: 'ThiS~is called a minor B~,B. A major B&B will be allowed to rent 3 to 5 rooms, again with no limit on the number of people, but with ZBA a~proval, i have. argued to this Board that to alloW~ by right B&Bs in residential zones fs a further invasion~ and erosion :of individual prop.erty rights, people who have home in secluded and private areas pay a premium to live there in first place. Their!taxes are high, and they usually receive no TOwn services because they are private, which is the key word here. Bed and Breakfast operations .are run to make' money for the owner. It is a business. I do not think that this kind of business should be .allowed without the approval of the neighboring property~ owners. This subject~ B&Bs, has beer~ addressed by the Code Committee~ and some citizens, bHt I would like to hear more from, whom ! call, Mr. and Mrs. Average Citizen. I really would like to k~now what you think about SUPERVISOR WICKHAM: Is there anyone else on the Board, who would like to respond to Bed and Breakfast? COUNCILMAN LIZEWSKI: In the Stewardship Task Force report and recommendations, there's a lot here on tourism. It says, the tourist industry should be seen to include the businesses of all those who come to Southold for it's scenic, cultural, and recreational features. Included in tourist is second home owners, retirees, seasonal renters', and "overnight visitors, and day trippers. Now, just the premise to suggest to me that second home owners, retirees, are in the same category as tourists, just take the first premise, and tell me that there's some reasoning here that's not really copacetic, then it gives different ways. of how they want to have more overnight accommodations, and one of them is, of course, revise the Bed and Breakfast. But, the second thing that 'should be looked at is these country inns, and I think that the Board h~s' tcJ start taking this whole concept, and looking at it completely before decisions are .made on individual laws. Mr. Zweig would like us to pass a lot: of the~e things ery quickly, and he thinks a lot of these things are ready to go~ but as I~ve r~ad this book, several times the whole conce~t is much 'l~r, ger' What some of these regulations are going to be, and I'di like to just~ :gi~;~; you a little bit on this country inn, because this ~s another avenue tl~a-t can be taken, and I want you to see the difference between country inns and B&Bs, but they both appeal to tourism, and they both have a place probably out here. It says,, country inns, one way to accomplish both open, sp~ce and preset;rattan in the establishment of additional hotel~ rooms is rto ~Iiow the use of large lots, that are currently zoned agrlc~Jltural, Coh'Servational, and residential, in return for this more intensive use, which would more be restrictively small portion of property the development. rights ~nd the majority of the portion of property would be extl.n, gulshed, or transferred to another parcel. So, the country inns are b~asically are l going to allow a density in a home much greater, or in a building, much ~greater than you would normally ~have by trading away the rights to develop that property. it goes on a little bit more, and then it says, the following, for-example an inn with fifteen rooms, and ten tables, would have to extinguished the evelopment r~g.hts from the adjacent tw. enty-flve acres. Now, ~f you want to enc~)urage th~ngs .like these country inns, I can't see hoTM you w'~ant them to compete with somebody who doesn't have to do anything for a bed and breakfast in their own home. So, why would anybody want to preserve twenty-five acres of land to have a forty seat country inn, anC~ have to give up those rights to develop that land, if he's going to compete With somebody in a residential neighborhood for rooms, who absolutely has to do nothing, who puts up no land, preserves nothing for my town, and basically has it as a matter of a. right, as this law now stands. So, some of these ideas, and some of these things we're, going through I think we have to look at on an overall view and realize that you're not going to get country inns to compete for bed and breakfasts that have no regulations, and can come at any time, and basically are a matter of right in any community. So the development of this entire plan is sort of important, but I think it has to be looked at, and realize that we just can't have an overabundant of rooms, inns would be nice, because country inns preserve a. us, if we let them develop. $6, the cOncepts that are have a lot to bear, but I think they have to be looked at in entirety, and not be taken, as we'Fe doing this .one thing at a time, and trying to pass a regulation, which would have definitely effect on another Part of recommendations that are in this book. SUPERVISOR WICKHAM: Is there anyone else out there, who would like to address the Board' on this issue of B~.Bs? DOR? MCGREEVY: My name is Doris McGreevy, and I'd like to address the Issue of B&Bs. ~ I thank you for giving me the opportunity, to speak this, and I'm Mrs. Average Citizen. I feel that there is life in SOuthold, and when I think of tourlsm, how much are we of the quality of life to satisfy tourism? I feel as a : it's very meaningful to me. I'm not a day-tripper. People come;and go. enjoy it, and then they go home, but we stay here, us to have, and maintain that quality of life in our the minor B&B that you had mentioned has a it, and I think anything commercial is fine, if it's area. I think it should be placed in a business area. strips know that they have been ~zoned for that t~op business in business areas. Keep residential homes without transients marching in and out, If you or every day, two to four people ~ext door to · different people every day, it doeSr~'t give you a I ,think that's what we need to hold on to, ~Also, I think that have a right to say we don't, want it. We really don't want it in we don't want it, and' I think that's .va'lid alone r )le, who feel that they don't want it, and they don't want it, just because they don't wanti it. It people. It has to do with structure. Iti has to Okay? I feel, also, that these are single is of a commercial nature~, becat ~le are ttype hit. to on ~stitutes a room? I think' you consider what"s many square feet.~ I thi the law? How many people Wou quoted two? How are you You just can't walk into things, I think, have to B&B. Also, safety. Now, if smoking. What's the trained for this, because if carte blanche to B~;Bs in that you should conslder,~ ~ is important, but the qua~lity you're here for. and welre ~ what three 'rooms to enforc~e this? That's youlre next 'feeling up I people more Boa! Thank you. Yes, Sir? Anyone else like to address the ROBERT dj; SCALIA: .My name is Robert Scalia. I'm .here both as a ,Paradise Point Association, and as a local realtor, and Jise Point Association has asked me to monitor this lification of B&Bs, and to explain to the Board that ed to this concept, that will enable anyone in any a:B~;B. We consider this idea a threat to both our personal 'sOnal~ property, and we consider it. to be diminution of ,cause the diminution of our property values. If would certainly get together with other associations this subject, and form some sort of a coalition to ,~ or personal property rights. We think that this is a should have been put to sleep upon iUs-qnception. As y like the Board to consider the 'concepts, the because I can't believe that real thought has been given to this. Think about the- tax grievances that will be filed, i would certainly file a grievance on my taxes if somebody was operating a commercial establishment next door to me. Think about appraisers appraising properties~ for your constituents, and lower the value of their appraisals, because. Of commercial operations taking place in the residential zone. Think about the concept about a group of property owners associations taking action against their own Town Board for not representing them. I ask you, please, put an end to this terrible idea. Thank you. SUPERVISOR WlCKHAM: Anyone else like to address the Board on B&Bs? JAMES DINIZIO JR.: James Dinizio, Jr. I live on Sound ROad, Greenport. I~m a member of the Zoning Board. I, too, have major, concerns with minor B&Bs, and their transition of residential property.-On the Zoning Board, they come to us for special permission to have a bed and breakfast, and anybody has a chance to stand up, and have their say, yes or no for a bed and breakfast, and pretty much, I can only think of one right now, that we didn't pass, and the're were no extenuating circumstances, but certainly, a circumstance that considered, that you would consider not granting. But, in my mind thinking, you. know, as listen to bed and breakfast, and as I think of a bed and breakfast, you know, you think of lace curtains, and doilies, and all that kind of like breakfast kind of deal, and it's really nice and neat, and you know you think of the Bartlett. House in Greenport~ which is very nice, .a:nd Lions Head, but you know, it could very well be Sam~s Bed and Breakfast. It could be just some guy who really doesn't care. He really doesn't care. He has his friends, who come out,' and. they drink, and they go fishing, and they come home at night, and they want .to party, and they get on..that deck overloeking the there could be four of them.. There could.be four a t~s the danger that I hame .come to. To~ allow that just ' g down to .the Building =DePartment, an~gett|ng permits, and 't thi to every personi, any person, that owns a house in Southold Town. I ask you, please, you shouldn,t even consider it. Don~t waste the people!s time. Don~t make them come here, and have to tell you that it doesn't' make common sense to have a commercial business in a re. sldentlal zone simply by giving permit from the Building i~lnspector without .any ~versight by the Zoning Board. I: don't know if it makes any sense, Irge you, please, don't be incensiderate. Now, that I~ve gotten ~f tl~e way, bed and breakfast,. I~v~ corne to the cOnclusion sh subdivisions. They shb~l~lnit be allowed m areas that designated as residential zones~ Maybe only the Main Road between the hamlets, certainly the roads are designed to have those extra people, the neighbors wouldn't notice . it, ,;. because there's always Just consider the couple, just to .me I looked at them, and said about the neighbors? Do I know= when they figured they were purchasing that house, say at the end of a road, 3ublic access to any beaches; or anything, they said, boy, no to be driving down here, bi;It the people who own this to suddenly have a bed and breakfast pop up along side with a of four different people riding d0wn there; because even tiiough a separate car, it could be a husband and wife.. They sleep in ~ room. They each could ha~e a separate car. To me it ju dn't want it next to me, and I think wel~e got to that law, not weakening it. I think web,have to Certainly strengthen it, take it away from certain areas, and pe~ha.ps an,overlay zone, or designate actual streets that these things can be on, because I see the technical abuse. Thank you very much. SUPERVISOR WICKHAM: Is there anyone else in the audience on B&Bs? If not, is.there anyone else on the Board, who would like to respond? Joe? COUNCILMAN TOWNSEND: I'm not responding to the B&B issue, although there was mentioned quality of life, and preserving what we have, and so forth, and I'd like to go back to the items, I guess, twenty-one through twenty-six, which would be changes of zone votes, wherein my 'action was described as both immoral and unconscionable. It's funny, because most of those were downzoned, and I had similar thoughts at that time about the vote that resulted in that in many of those instances. I think .t~hat those are very difficult votes to take, because in many instances, especially in those instances I knew most of the people, who's property values were affected, and most of them spoke to me about it, and ! had compassion for them and I felt badly, that their personal assets were going tb be reduced somewhat. It!s happened to me in other areas, and other ways, around zoning, and I[ can understand that. But, we have one shot to preserve JULY 26, 1994 441 what we have in this town, and I had hoped this administration would take some dramatic steps in that direction. This was one of those steps, and it went to failure for the most part. One was passed, and that was a very good one. That was one of the most egregious downzoning that we've ever had in this town. ~1 feel that, although it takes some guts to do these things, I think, its t.me we did them, and so I'm not ashamed. I don't feel my action was .mmoral, or unconscionable. We had a tremendous density of hamlet density zoning around one area simple because there was public water, and public sewer in that area, to the detriment of Creenport Village. Much of that hamlet density zoning was well out of walking distance, was right between Southold and Greenport. That was not the intent of the Master Plan. The intent of the Master Plan really was to have a hamlet based :community, and in the future when we provide public, and we will provide it~ to areas such as Mattituck, Cutchogue, and Southold. That's the time to put hamlet density zoning around those areas, 'so it's evenf :have the hamlet feeling, the village feeling, which we've always I and that's why I voted, yes, ,in those hamlet density, things, .That's why the people who voted with me voted' that way. Thank you. SUPERVISOR WICKHAM: Thank you, Joe. Ruth? COUNCILWOMAN OLIVA: I'd like to address the vote on the hamlet density zones, too. i was on the original committee for the Master Plan work shop back in '82,=83. The concept with RPW at that time is the same as it was now~. as 'it is n and that is to have the density in the h~mlets, and the farmland preservation in between. I tried and objected to I was on the Board .in '1988. In 1988 I tried to g~ changed at that time before the Master Plan was adopted.~. I did no~ vote for the Master Plan's adoption. That was one of the reasons for that~ and now, I just feel that all, as Joe said, that all the hamlet den~ity,.zones were lumped around Greenport because of their water and sewerl. I did not think that was fair to Greenport. We feel that these hamlet density zones should be spread around the town. We intend to provide that you will have some of these more denser zones in both and Mattituck, where there are none now. So, for that reason, ~ood solid planning, and I did not, also, want to see a satellite the outskirts of Creenport. We want to preserve the People from the U.S.U.K. called that the jewel of Creenport should be helped and p~ovided for, so zone I felt should be spread around the town, voted for it. SUPERVISOR WICKHAM: JUSTIi for bed Thank you, Ruth. I would just tike to concur with that without repeating , but concur with with Ruth and Joe said in my reasons the hamlet density changes. I'd also llke to say on the just so the audience is clear, we have by no means left here was much discussion today on the property rights how they would feel, and how we could still allow bed the neighbors to have their say, and the Zoning input in it, too. We haven't come to conclusions, but we have taken it into consideration already what the audience has brought u p tonight. SUPERVISOR WICKHAM: And we will be addressing that further, and bringing a revision of the law up to the Board at future meetings. COUNCILWOMAN OLIVA: I would just like to say one more thing on B&Bs. I'd like to just inform the people here of a little different slant of 'what I think the Stewardship Task Force was looking at. They spent a great deal of time investigating bed and breakfast, and the reasons were historically people in town here, all over Southold, for many, many years, in fact since the 1700's, let out rooms to summer boarders. So, it was something that has been done historically. Number two, it would be a good way for some people perhaps to earn a little extra cash that have some of these bigger homes, because most of the people that have the bigger homes would want to do. Certainly you wouldn't want to do it if you have a tiny home. Number three, they did want to encourage tourism and they felt that a lot of the motels require people to stay for at least two nights during a weekend, and some people might like to come out and just spen~ one night, and a bed and breakfast would allow that privilege. They checked many different places, and I personally have called different 4'42 JULY 26;.,799~ places, such as Nantucket, such as Chatham, Massachusetts, which is a lovely town. We have checked down in Washington, and a few other tourist p!aces: and actually these places allow from two to five or six rooms as of right ~m Ye~y small '~residential areas of square footage of..for mstanc.e, in Nantucket.~n~t more than five thousand square feet, so our law when it is finalized, and I think we'll take into consideration property rights, and people's desires and protests, is would be far more stringent than a lot of other places, that are'known for their tourism, and their historic ambiance. This is what the Stewardship Task Force. really wanted to accomplish~ to allow a bigger, boarder, base for overnight accommodations. SUPERVISOR WICKHAM: Is there anyone else in the audience, who would like to address the Board on any matter of their interest. Yes, ma'am? KAREN SUSKEVICH: I'm Karen Suskevich, Indian Neck Lane, and this is the second time we're here addressing the ADD issue.. As Muriel Andrews had. said We-had asked for a special Town. Board~ meeting, and I know she asked this atthe last meeting, and I'm just wondering when we might expect to get a date on this? You acknowledge it, but we don't seem to get anywhere with that. ~ SUPERVISOR WICKHAM: Does anyone else want to address the Board on the ADD issue? If not, let me just. comment. ! had not asked fo~' a special meeting on this of the Town Board~ and while it's. not impossible, and we could have it, maybe _.it would be more producti~;e to bring you up to date think is the emerging thinking within ADD. I like~ te'~preface saying that the ultimate decision on where that place is .going .to. go. is largely made~ b? ADD~ not:by the Town. In a way I thought, in anticipation of the poss~bdity of some discussion about that tonight; we called them today, and the message we got was that the home on Indian Neck Lane is not the home that they intend to select. That doesn't mean that it is totally ruled out,: There is, I suppose, the possibility, anything is possible, they have not yet closed on a house, but 'in fact that is not the house that they would like to acquire. KAREN SUSKEVICH: At this time? SUPERVISOR WICKHAM: That's right. KAREN SUSKEVICH: They might select one, and then come back. SUPERVISOR WICKHAM: Sure, or some other organization could come to town in some future year, and find that house, or any other house. That's quite right. It's not out of the question. KAREN SUSKEVICH: I know that our neighbors have a lot of concerns. People would like to meet with the Town Board, just get their feeling. SUPERVISOR WlCKHAM: May I suggest, if, and most of it comes to my office, if it becomes clear to me, that the Indian Neck Lane is a real possibility, if they convey to us, they do communicate with us, if they say, hey, it does look as if we're interested in Indian Neck Lane after all, I will ask for a meeting of the Board and of yourselves, whoever would like to appear, and to meet with us on this issue. KAREN SUSKEVICH: Thank you. SUPERVISOR WICKHAM: Is there any other matter, that you would like to bring to the attention of the Town Board? (No response.) Do I hear a motion for adjournment? Moved by Councilwoman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 8:50 P.M. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ollva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. Judith T. Terry Southold Town Clerk