HomeMy WebLinkAboutTB-08/13/2002GENERAL MEETING
August 13,2002
4:30 P.M.
A Regular Meeting of the Southold Town Board was held on August 13, 2002, at the Southold
Town Hall, Southold, New York. Supervisor Horton opened the meeting at 4:30 P.M. with the Pledge
of Allegiance to the Flag.
Present:
Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Craig A. Richter
Councilman Thomas H. Wickham
Town Clerk Elizabeth A. Neville
Town Attorney Gregory A. Yakaboski
SUPERVISOR HORTON: I would like to ask you to raise and join me in a moment of silence for a
member of our Town services who passed away, William Mullen. Thank-you, please be seated. On
the agenda we have several items that will be covered. As a matter of protocol, as we run the meeting
here if there are any members of the public who would like to address the Town Board in regard to
resolutions that are on the printed agenda, I will offer the floor to you prior to the reading of those
resolutions and I ask that when you do address the Town Board, you step to either of the microphones
and state your name and address for the record prior to addressing the Town Board. As well, if there is
business that you would like to take up with the Town Board that is not on the printed agenda but
perhaps on your own personal agenda, we will offer you the opportunity to do so after the reading of
the resolutions and in doing so in order to move these meetings along particularly when we have a lot
of people here, I ask that comments be limited to five minutes in order to give everybody time enough
to speak. We have several reports, we don't have any public notices or communications but when we
do reports, public notices and communications are on file with the Town Clerk's office. They are
available to you between 8:00 A.M. and 4:00 P.M., Monday through Friday all you have to do is show
up at the Town Clerk's office and ask to see the information that you would like. I would also like to
welcome the Boy Scout troop that is here with us. I take it that you are working on a badge for a
project, Government participation? Wonderful, welcome and we hope to see you at the next Town
Board meeting as well. We really appreciate your being here. We will move to the approval of audit.
Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills
in the amount of $171,603.08; General Fund Part Town bills in the amount of $14,530.60; Highway
Fund Whole Town bills in the amount of $4,128.35; Highway Fund Part Town bills in the amount of
$5,172.74; Capital Projects Account bills in the amount of $7,900.00; Landfill Cap & Closure bills in
the amount of $430,703.75; Community Preservation Fund bills in the amount of $513,330.23; New
London Terminal Project bills in the amount of $11,076.08; Compost Land Acquisition bills in the
amount of 155,418.86; Employee Health Benefit Plan bills in the amount of 7,375.92; E-W Fire
Protection District bills in the amount of $12,495.60; Fishers Island Ferry District bills in the amount
of $63,490.95; Refuse & Garbage District bills in the amount of $2,906.34; Southold Wastewater
District bills in the amount of $1,169.80; Fishers Island Sewer District bills in the amount of
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$2,340.64; Southold Agency & Trust bills in the amount of $6,131.18 and Fishers Island Ferry District
Agency & Trust bills in the amount of $504.59.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the next Regular Town Board meeting of the Southold Town Board be held at 7:30
P.M., August 27, 2002, at the Southold Town Hall, Southold, New York.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
I. REPORTS.
1. Town Clerk Monthly Report - July 2002
2. Scavenger Waste Facility - July 2002
3. Program for the Disabled - July 2002
4. Leave Time Summary - June 2002
5. Recreation Department - July 2002
II. PUBLIC NOTICES
None
III. COMMUNICATIONS.
None
IV. PUBLIC HEARINGS
1. 5:00 P.M. Hearing on "A Local Law in relation to Residential Office District in Chapter 100 of
the Code of the Town of Southold."
2. 5:02 P.M. Hearing on" A Local Law in relation to Hamlet Business District in Chapter 100 of
the Code of the Town of Southold."
3. 5:04 P.M. Hearing on "A Local Law in relation to General Business District in Chapter 100 of
the Code of the Town of Southold."
SUPERVISOR HORTON: At this point, I will open the floor to any member of the public that would
like to address the Town Board on items that are on the printed agenda. You will notice on the agenda
that we do have public hearings set for 5:00, 5:02 and 5:04 and the time to comment on those public
hearings will be during the public hearings. If you would like to address the Town Board on the
resolutions, please feel free to do so at this time.
DICK MARSCHEAN: My name is Dick Marschean, Southold. On resolution #528, I think the word
temporary is not very definitive and if you don't know what the approximate dates of the moratorium
are, I think that you ought to at least tell us where we sit once a year or whatever you want to in words
and put parentheses before go in that direction.
SUPERVISOR HORTON: Yes, we will do so to make sure. We will make that the time is clarified
when we read the resolution, the proposed legislation, the proposed local law is for a duration of six
months and we will make sure that that is reported correctly.
JOAN EGAN: Good Afternoon. You have here for discussion #6, Zoning and Planning Standing
Committee and I attended part of it last night and then I met the Gallagher family here this morning
and I was extremely disappointed, the Chairman of that Zoning Committee who says that he has been
here for 20 years and that property is in regard to on the Sound. They are extremely concerned with
any construction there that their property might go over the cliff. So I don't think the Zoning Board
did a very good job, now on item 11-request a waiver of notification of liquor license..
SUPERVISOR HORTON: Joan, you are referring to items that were on for discussion at the work
session, this is a period of time that is available for you to address us on the resolutions which start
with #526 through #546, those were actually Town Board work session items.
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JOAN EGAN: Well, then be prepared to address #11.
MELANIE NORDEN: Melanie Norden, Greenport. With respect to resolution #528, I had some brief
questions on it. ! was wondering if you could describe for me what kind of reasoning was behind the
six-month moratorium as opposed to the one year? And also relative to that, if you would outline for
me what goals and objectives you actually hope will be achieved during the moratorium?
SUPERVISOR HORTON: We have the moratorium legislation available here, under section 1,
Purpose. ! can make this available to you as well.
MELANIE NORDEN: Great.
JUSTICE EVANS: The reason for the six month as opposed to the year is that we wanted the pressure
on ourselves and the Town to accomplish it as quickly as we could.
MELANIE NORDEN: Right. My question really is-what is going to be accomplished in regard to the
objectives? Could you make it read into the records so that everybody else could understand? ! mean
than more than simply a vis a vis, ! am sure that we could just..
SUPERVISOR HORTON: ! will tell you this, Melanie, that we have read into the record several times
and reported on and we have drafted this and ! would be happy to, we have gone on to the public
hearing process and if only ! could finish deliberation on this, so the purpose if clearly stated here in
the legislation that not only covers us legally but also covers the goals set out by the Town Board on
what should be accomplished over the course of this next six months and ! will be happy to make that
available to you.
MELANIE NORDEN: ! understand but could you briefly summarize for me?
SUPERVISOR HORTON: Yes, ! could. It basically describes the four planning goals that have been
set down by the Town. Referring to environment, geography, hydrology and the effects of residential
developments on the Town. Over the course of that, we want to take steps to mitigate the impact of
those, the negative impacts of those, residential development. As well, there are several
recommendations before the Town Board that have come out of the Town Board appointed
commissions, Blue Ribbon Commission for Preservation of Rural Southold. The Town Board feels it
needs time to deal with those aspects, the various aspects and recommendations that have come out of
the Blue Ribbon Commission as well as various zoning initiatives that have been brought forward by
members of the Town Board in regard to how to plan for future developments, how to plan for
incorporating affordable housing into our community in a responsible fashion. As well, it has been
discussed ad infinitum that the Town Code in regard to subdivisions and the application thereof is
botched together and extremely cumbersome and the Town Board has taken it upon itself to re-work
the wording, particularly under the guise of the legalities of it. We will be using outside counsel to
work the subdivision code to provide a better, more clear-cut and definitive road map for the Town.
MELANIE NORDEN: Do you think that you have personnel resources adequate to meet that
challenge within a six-month period?
SUPERVISOR HORTON: Yes.
MELANIE NORDEN: And do we have a special budget for the moratorium with respect to additional
counsel or additional personnel?
SUPERVISOR HORTON: Yes.
MELANIE NORDEN: And where is that itemized?
SUPERVISOR HORTON: That is itemized in the legal counsel. We have $50,000 in outside counsel
available to us as well as other contingencies funds in the Town budget. But we are getting off the
questions in regard to specific resolutions.
MELANIE NORDEN: But just to clarify this, the $50,000 has been primarily earmarked for...
SUPERVISOR HORTON: It is available to us.
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MELANIE NORDEN: It is available to us, okay, thank-you.
SUPERVISOR HORTON: Thank-you. Would anybody else like to address the Town Board on the
printed agenda?
JOAN EGAN: Joan Egan, East Marion. On resolution #524, ! think that is a very poor choice because
Mr. Moores' wife is in Real Estate and ! think there could be a possible collusion there, so ! very much
object to that. Is there any possibility that that could be changed?
SUPERVISOR HORTON: Actually, that is something that the Town Board will be voting on and it
was a discussion among the Town Board, Joan, and that is the direction that the Board wants to go in.
Thank-you.
JOAN EGAN: Moving on to item #537, as qualifications for that job, I'm sure are listed somewhere
here?
SUPERVISOR HORTON: Yes, they will be listed in the Town Clerk's Office.
JOAN EGAN: Is there any age discrimination, color discrimination or the like?
SUPERVISOR HORTON: There is no discrimination in any position we have.
JOAN EGAN: Is there any experience needed?
SUPERVISOR HORTON: ! don't know the ins and outs of the job description or what are the
requirements.
JOAN EGAN: Now, we do have on the resolutions the item that ! did inadvertently mentioned before,
item #546. Approve the waiver of notification on liquor license, Trummer and Trummer. Who are
they and where are they?
COUNCILMAN ROMANELLI: That is old Rhumbline in Greenport, 24 Front Street. The new
owners, ! am not quite sure of the new name of the restaurant.
JOAN EGAN: Well how can you approve a liquor license if you don't know the name of the place?
COUNCILMAN ROMANELLI: This is a corporate name and we are also sending this down to the
Village of Greenport because it is in the Village and it probably falls in their jurisdiction.
JOAN EGAN: Well, ultimately goes to the Alcohol, Beverage and Tobacco, correct?
COUNCILMAN ROMANELLI: That is correct. But they always ask for a Town, the local
jurisdiction before they...
JOAN EGAN: Well, we are the local jurisdiction.
COUNCILMAN ROMANELLI: We believe Greenport is. It is in the Village of Greenport.
SUPERVISOR HORTON: Joan, we are going to deal with the Town's aspect of it and the Village will
deal with their aspect of it and then it will go on to the State Liquor Authority.
JOAN EGAN: Now, if we object to it, how do we let he know?
SUPERVISOR HORTON: You can object to it now.
JOAN EGAN: Yes, ! object to it. We have too many liquor places down there. Yes, ! very much
object to it because unfortunately the young people can get into that place very easily, from the back
without being ID'd properly and then you have the whiskey place next to it. There are too many liquor
stores and bars in Greenport. Yes, ! very, very much object to it. Thank-you very much.
SUPERVISOR HORTON: Thank-you, Mrs. Egan. Would anybody else care to address the Town
Board on the printed agenda? Move to the resolutions.
#523
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby amends resolution no. 522 by
adding the name of Kenneth Ricker~ Purser~ to read as follows:
RESOLVED that the Town Board of the Town of Southold hereby designates Ferry District Board
of Commissioners Chairman Reynolds duPont, Jr., Ferry District Manager Thomas F. Doherty, Jr.,
Ferry District Assistant Manager Nina Schmid, and Ferry District Purser Kenneth Ricker as
signatories on the Fishers Island Ferry District's ATM account at Fleet Bank~ said signatories are
in addition to the Town Supervisor and Deputy Supervisor; and be it
FURTHER RESOLVED that two signatures are required on all withdrawals by Ferry District
Board of Commissioners Chairman Reynolds duPont, Jr., Ferry District Manager Thomas F. Doherty,
Jr., Ferry District Assistant Manager Nina Schmid, and Ferry District Purser Kenneth Richer on the
Fishers Island Ferry District's ATM account at Fleet Bank
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#524
Moved by Councilman Moore, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Councilman William D.
Moore and Councilman Thomas W. Wickham to the Southold Town Board Standing Committee
on Zoning and Planning.
Vote of the Town Board: Aye: Councilman Wickham,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Councilman Richter,
Councilman Romanelli,
#525
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Christian Hudson to
serve as a Youth Member of the Southold Town Parks and Recreation Committee~ at no
compensation, effective immediately.
SUPERVISOR HORTON: ! will just say briefly that after a discussion that ! had with several youth
that ! had in Southold Town this was one of their recommendations that ! put a youth or nominate a
youth for the Parks and Recreation Committee, so we move forward with that and ! will expect
actually in January when we move to make more appointments to incorporate two if not three youths
in Southold Town to the Parks and Recreation Committee.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#526
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor
Joshua Y. Horton to execute an agreement with Nelsom Pope~ & Voohris for their professional
services to conduct a land use study of the area surrounding the Cutchogue Landfill from County
Road 48 to Oregon Road and Cox Lane to Depot Lane, Cutchogue, New York, all in accordance with
the approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#527
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Christina
Croasdale and Walter Berry for the use of the Goose Creek Parking area and parking on both
side of North Parish Drive~ Dayton Road~ and Northfield Lane in Southold for the purpose of
guest parking for a wedding on August 24, 2002, providing they file with the Town Clerk a One
Million Dollar Certificate of Liability naming the Town of Southold as additional insured and contact
Lt. Flatley at least ten (10) days prior to the event to coordinate traffic control.
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Vote of the Town Board: Aye: Councilman Wickham,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Councilman Richter,
Councilman Romanelli,
#528
Moved by Councilman Richter, seconded by Councilman Wickham, it was
WHEREAS, there was presented to the Town Board of the Town of Southold, on the 2nd day of July,
2002, a Local Law entitled, "Local Law in relation to a Temporary Moratorium on the
Processing, Review of, and making Decisions on applications for Maior Subdivisions, Minor
Subdivisions, and Special Use Permits and Site Plans containing Dwelling Unit(s) in the Town of
Sonthold"
WHEREAS, a public hearing was held on this Local Law on the 30th day of July, 2002, at which time
all interested persons were given the opportunity to be heard thereon, now, therefor, be it
RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law:
LOCAL LAW NO. 3 OF 2002
A Local Law in relation to a Temporary Moratorium on the Processing, Review of, and making
Decisions on applications for Major Subdivisions, Minor Subdivisions, and Special Use Permits and
Site Plans containing Dwelling Unit(s) in the Town of Southold
BE IT ENACTED BY, the Town Board of the Town of Southold as follows:
Section 1. PURPOSE
The Town Board finds that the increased growth and development of residential subdivisions
and multi-family developments requiring site plan approval within the Town of Southold are placing
severe pressure on the water supply, agricultural lands, open and recreational space, rural character,
natural resources, and transportation infrastructure of the Town. The Town's unique environment,
geography, and hydrology impose distinct limitations on the shape, design and intensity of residential
development that can be reasonably sustained without endangering public health, safety and welfare.
The Town Board has taken steps to study and analyze the existing land use, populations trends,
and fiscal, institutional, human, environmental and agricultural resources of the Town to determine the
sufficiency of the existing land use regulations and the possible need for revision of such regulations.
The Town Board appointed the "Blue Ribbon Commission for Preserving a Rural Southold" to
recommend methods for increasing the amount of protected farm and open space lands. Approximately
one third of the Town's land is prime farmland. Ill-planned residential subdivisions and multi-family
developments subject to site plan review can significantly reduce the availability of agricultural land.
Decisive measures are needed to protect farmland while ensuring the economic viability of the
agricultural industry. The Blue Ribbon Commission has concluded its meetings and has drafted and
released its findings and recommendations. The Town Board needs time to consider and take action
on the recommendations made by the Commission. Implementation of its recommendations will likely
require a substantial commitment of legal and planning resources to develop legislation.
Southold has insufficient affordable housing opportunities for its own residents. The Town's
current policies and laws pertaining to the creation of affordable housing are not fully achieving its
goals and need to be updated. Southold needs a sound planning strategy for maintaining a stable
supply of starter and/or rental housing.
After years of study, fact gathering and drafting completion of a local waterfront revitalization
program (LWRP) for the Town of Southold is imminent. The LWRP is a comprehensive plan for the
entire town. As waterfront land has, in certain instances, been inappropriately developed, Town waters
and habitats have been negatively impacted. This is evident in the closure of shellfishing areas such as
Mattituck Creek and James Creek due to an increase in coliform bacteria from septic systems and
storm water runoff, to name just two sources. The LWRP and the Peconic Estuary Plan recommend
several land use measures that could be adopted by the Town to augment estuary protection. The
Town intends to adopt or implement most, if not all, of these recommendations. The moratorium will
give the Town time to consider and implement the LWRP and the best land use techniques for
protecting its waterfront resources.
The public infrastructure that is needed to support human activity plays an important role in
shaping a community's character. The design and location of roads, schools, parking lots, subdivisions
and business centers are determinants of this character. This character is being changed by certain
trends: requests to the Board of Trustees for permits on waterfront lots, the loss of historical structures
of importance to the community through neglect or ignorance, the increase in vehicular traffic which,
in turn, has increased traffic congestion and the need for parking within hamlet business centers.
Regional travel patterns to and from Connecticut and the Hamptons are also adding to the traffic
congestion. The ability of SR 25 and the Town to continue to absorb additional volumes of traffic
without irreparable damage to its quality of life is an important issue. The Town must clearly define
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the boundaries between hamlets and open areas in order to differentiate in its treatment of land use and
public infrastructure in these areas.
On May 21, 2002, the SCWA instituted a 6-month moratorium on the issuance of new hookups
until it can develop both a short and long-term plan for maintaining and providing a dependable supply
of high quality drinking water within the Town of Southold. The Town does not have accurate
information about the maximum amount of residential and agricultural usage that its underground
aquifer is capable of sustaining. The Town has not adopted a groundwater protection program to
ensure that the sole source of drinking water does not become contaminated by organic and inorganic
compounds.
The Town's existing procedures and laws should have the practical effect of ensuring that new
development and redevelopment are in accordance with the Town's planning objectives. The four
guiding planning objectives of the Town of S outhold are 1) the preservation of farmland and
agriculture; 2) the preservation of Open Space and Recreational Space; 3) the preservation of the
Rural, Cultural, Commercial and Historical Character of the Hamlets and Surrounding Areas; and 4)
the preservation of the Natural Environment. The practical reality, however, is that some of the land
use regulations and procedures (specifically including, but not limited to, the subdivision regulations
and regulations governing special exception use permit and site plan applications that include dwelling
unit(s)) are not having this effect. Until the planning process is completed, the Town Board finds it
necessary to impose a moratorium on the grant of subdivision approvals and multi-family
developments that require site plan approval, as hereinafter provided. An integrated strategy that
takes into account the Town's fragile and finite natural resources and its unique geographic
configuration is needed. This moratorium will enable the Town to focus on crafting and implementing
a strategy to ensure that it actually achieves its planning objectives. This action is necessary in order to
protect the character, natural resources, public services and facilities of the Town of Southold and the
public health, safety and welfare of Town residents.
Section 2. ENACTMENT OF TEMPORARY MORATORIUM
For a period of SIX (6) months following the effective date of this Local Law after which date
this Local Law shall lapse and be without further force and effect and subject to any other Local Law
adopted by the Town Board during the SIX (6) month period:
1) the Planning Board shall not accept for review, continue review, hold a hearing or
make any decision upon any application for a subdivision, whether that subdivision
application was submitted prior to or after the effective date of this law. This law
applies to subdivisions (whether major subdivisions or minor subdivisions) as defined
in Southold Town Code § A-106-13. The statutory and locally-enacted time periods
for processing and making decisions on all aspects of subdivision applications
(including, but not limited to, sketch plans, preliminary and final subdivision plats)
are suspended and stayed while this Local Law is in effect;
2) the Planning Board shall not accept for review, continue review, hold a hearing or
make any decision upon any application for a site plan containing DWELLING
UNIT(S), whether submitted prior to or after the effective date of this law, and shall
not be subject to the time periods specified in Town Law § 274-a and Article XXV
of the Southold Town Code, including without limitation, provisions relating to the,
processing, reviewing, holding of hearings and the rendering of decisions. The
statutory and locally-enacted time periods for processing and making decisions on all
aspects of site plan applications containing dwelling unit(s) are suspended and stayed
while this Local Law is in effect
3) The Zoning Board of Appeals shall not accept for review, continue review, hold a
hearing on, continue a hearing or make any decision upon any application for a
special use permit which application is also subject to Planning Board approval
pursuant to the Southold Town Code where the Planning Board is prohibited from
reviewing, processing, holding hearings on and making decisions on because of the
provisions of this local law, whether said application was submitted prior to or after
the effective date of this local law.
Section 3. APPLICATION
This local law shall apply to ALL [new or pending] applications for either subdivision approval
or special exception use permits and site plans containing dwelling unit(s) within the Town of
Southold.
Section 4. EXCLUSIONS
This Local Law shall not apply to:
1) subdivisions for which final plat or conditional final plat approval was granted by the
Planning Board prior to the effective date of this local law;
2) setoffs as defined in the definition of"Subdivision" in Southold Town Code section A106-
13;
3) Lot line applications;
4) new or pending applications for the subdivision of a parcel of property where interests or
rights in real property (the fee or any lesser interest, development rights, easement,
covenant, or other contractual right ) to a portion of that parcel have been sold or gifted (for
purposes of permanent preservation) to either the Town of Southold (pursuant to either
chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk; the Peconic Land
Trust or the Nature Conservancy, prior to the effective date of this local law;
5) new or pending applications for the subdivision of a parcel of property where an executed
contract (dated prior to the effective date of this local law) exists to either sell or gift
interests or rights in real property (the fee or any lesser interest, development rights,
easement, covenant, or other contractual right ) to a portion of that parcel (for purposes of
permanent preservation) to either the Town of Southold (pursuant to either chapter 6, 25 or
59 of the Southold Town code); the County of Suffolk; the Peconic Land Trust or the
Nature Conservancy;
6) new subdivision applications where an applicant has entered into a contract (dated after the
effective date of this local law) to either sell or gift interests or rights in real property (the
fee or any lesser interest, development rights, easement, covenant, or other contractual right
) to a portion of that parcel(for purposes of permanent preservation) to either the Town of
Southold (pursuant to either chapter 6, 25 or 59 of the Southold Town code); the County
of Suffolk; the Peconic Land Trust or the Nature Conservancy; provided that that portion
of the property on which the interests or rights to property are being sold or gifted
encompasses at least seventy five percent (75%) of the entire parcel. The following areas
are not to be included in the calculation of the 75% threshold: that portion of the parcel
which is wetlands (as defined by Chapter 97 of the Southold Town Code), streams, creeks,
ponds, slopes over 15%, underwater land, land encumbered by easements or other
restrictions preventing use of such land for construction of buildings or development or
land within the coastal erosion hazard area as defined by Chapter 37 of the Southold Town
Code.;
7) a site plan application for a two-family dwelling;
8) a site plan application for a bed-and-breakfast;
9) a site plan application for an accessory apartment(s);
Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE
To the extent that any provisions of this Local Law are in conflict with or are construed as
inconsistent with the provision of New York State Town Law this Local Law supersedes, amends and
takes precedence over NYS Town Law pursuant to the Town's municipal home rule powers, pursuant
to Municipal Home Rule Law § 10(1)(ii)(d)(3); § 10(1)(ii)(a)(14) and § 22 to supercede any
inconsistent authority.
In particular, this local law supersedes Town Law § 276, Town Law § 278, and Southold Town
Code §§§ A106-21, A106-22, A106-23 and A106-24, which require that the planning board act upon,
hold hearings on, and make decisions concerning subdivision applications (including, but not limited
to, sketch plans, preliminary and final subdivision plats) within specified time periods. This local law
suspends and stays the running of time periods for processing, acting upon, holding hearings on,
making decisions and taking action on such subdivision applications (including, but not limited to,
sketch plans, preliminary and final subdivision plats) provided for in those laws.
And, to the extent and degree any provisions of this Local Law are construed as being
inconsistent with the provisions of Town Law §§§§ 267, 267-a, 267-b, 267-c or 282 relating to the
authority to grant variances, waivers or other relief from this Local Law, this Local Law is intended to
supersede and amend any said inconsistent authority.
And, to the extent and degree any provisions of this Local Law are construed as being
inconsistent with the provisions of Town Law § 274-a and the provisions and requirements set forth in
Article XXV of the Southold Town Code, which require that the Planning Board process, review, hold
hearings on, and act upon applications for site plans within specified time periods, this local law
suspends and stays the running of time periods for processing, review, holding hearings on, making
decisions, and taking action on such applications provided for in those laws and is intended to
supersede and amend any said inconsistent authority.
And to the extent and degree any provisions of this Local Law are construed as being
inconsistent with the provisions of Town Law § § 267-a and 274-b and the provisions of Article XXVI
of the Southold Town Code, which require that the Zoning Board of Appeals act upon applications for
special exception use permits within specified time periods, this local law suspends and stays the
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running of time periods for processing, reviewing, holding hearings on and making decisions on such
applications provided for in those laws and is intended to supercede and said inconsistent authority.
Section 6. APPEAL PROCEDURES
a. The Town Board shall have the authority to vary or waive the application of any
provision of this Local Law, in its legislative discretion, upon its determination, that such variance or
waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such
request, the Town Board must find that a variance or waiver will not adversely effect the purpose of
this local law, the health, safety or welfare of the Town of Southold or any comprehensive planning
being undertaken in the Town. The Town Board shall take into account the existing land use in the
immediate vicinity of the property and the impact of the variance or waiver on the water supply,
agricultural lands, open and recreational space, rural character, natural resources, and transportation
infrastructure of the Town. The application must comply with all other applicable provisions of the
Southold Town Code.
b. Any request for a variance or waiver shall be filed with the Town Clerk and shall
include a fee of two hundred fifty ($250.00) dollars for the processing of such application, along with
copies of such plat showing all required improvements in accordance with the procedures of
{}A106-25, {} A106-27 and Articles III and IV of Chapter Al06 of the Southold Town Code.
c. All such applications shall, within five (5) days be referred to the Planning Board,
which shall have thirty (30) days following receipt to make a recommendation to approve or
disapprove a variance or waiver of this Local Law. The application and recommendation shall be
transmitted to the Town Board which may conduct a public hearing and make a final decision on the
application, with or without conditions. Final approval is reserved to the absolute legislative discretion
of the Town Board
Section 7. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a
whole or any part thereof other than the part so decided to be unconstitutional or invalid.
Section 8. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
SUPERVISOR HORTON: Members of the Board here at the Town Board meeting here and the
general public, this will be on file if you would like to read through it and I am sure it has been
reported on quite clearly and everything the Town does over the course of the next six months as well
will be put out to the public in a very clear and professional fashion.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
COUNCILMAN MOORE: This takes effect when this law gets filed Tuesday at 6:00 P.M. when the
Town Clerk will be moving that letter to Albany shortly.
TOWN ATTORNEY YAKABOSKI: Bill, just so you know that we expect that to be filed on
Thursday.
COUNCILMAN MOORE: Okay, Thursday is the effective date.
#529
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Jamie
Richter and Jim McMahon to secure the permits necessary to remove a portion of the Goldsmith
Jetty.
SUPERVISOR HORTON: This is, as I mentioned to the Town Board earlier today in the work session,
Goldsmith Jetty has been an issue with the Town for about 25 years and it has become an issue of
extreme severity in my eyes as Supervisor as an issue of public safety where we have major portions of
rock that are exposed for the public to get themselves into and it is a danger situation and we are
looking to correct that situation. As well, that jetty through several studies and my discussions with
the DEC, Department of Public Works in Suffolk County and the Department of the State of New
York have all determined that the effect of Goldsmith Inlet Jetty is having on the inlet and on the pond
is that it is actually choking it and starving the pond. So we are taking steps, not only for public safety
but for environmental protection to assure the viability and long life of Goldsmiths Inlet and
Goldsmiths Pond.
t0
Vote of the Town Board: Aye: Councilman Wickham,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Councilman Richter,
Councilman Romanelli,
#53O
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of
Victoria Orr, part-time Freight Agent for the Fishers Island Ferry District, effective June 25,
2002.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#531
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Land
Preservation Coordinator, Melissa Spiro to attend an American Farmland Trust Workshop on
September 18th - 19th, 2002 in Sparrow Bush, New York. All expenses to be a legal charge to the
Land Preservation Department.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#532
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk
Elizabeth Neville to advertise for bids for the replacement of the Brushes Creek Bridge.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#533
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
Mattituck High School Student Council to use the following town roads for their 9th annual
Homecoming Parade on Saturday, October 19, 2002 at 10:00 a.m, providing they file with the
Town Clerk a One Million Dollar Certificate of Liability naming the Town of Southold as additional
insured and contact Lt. Flatley at least ten (t0) days prior to the event to coordinate traffic control:
Pike Street
Love Lane
Sound Avenue
Westphalia Road
Mary' s Road
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#534
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2002 budget as follows:
To:
A. 1010.4.500.500
From:
A. 1990.4. tOO. tOO
Town Board, C.E.
Planninq Consultant
Contingent
Unallocated Contingencies
Vote of the Town Board: Aye: Councilman Wickham,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Councilman Richter,
$5,000.00
$ 5,000.00
Councilman Romanelli,
#535
11
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and appropriates
$5~000.00 as an initial sum to address moratorium issues and planning; said appropriation from
Town Board's Planner Consultant line (Al 010.4.500.500).
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#536
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2002 Budget as follows:
TO:
Appropriations:
A.3510.2.400.100
Revenues:
Control of Dogs, Capital Outlay
Engineering
A.2701.40 Gifts & Donations
Other Donations
Vote of the Town Board: Aye: Councilman Wickham,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
$4,351.00
$4,351.00
Councilman Richter, Councilman Romanelli,
SUPERVISOR HORTON: Before your start with the next one, our public hearings are to commence at
5:00 P.M., we are just about finished with the resolutions so we are going to continue on with the
resolutions before we move to our public hearing.
#537
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk
Elizabeth Neville to advertise for the position of School Crossing Guard for traffic post at Our Lady of
Mercy, Route 25, Cutchogue at the rate of $27.98 per day.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#538
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 8:02 p.m. Tuesda¥~ August
27~ 2002~ at the Southold Town Hall, 53095 Main Road, Southold, New York, as the time and place
for a public hearing upon the question of a "Local Law in relation to Retirement Incentive."
LOCAL LAW NO. OF 2002
A Local Law electing a retirement incentive program as authorized by Chapter 69, Laws of 2002 for
the eligible employees of the Town of Southold.
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
§ 1. The Town of Southold hereby elects to provide all of its eligible employees with a retirement
incentive program authorized by Chapter 69, Laws of 2002.
§ 2. The commencement date of the retirement incentive program shall be October 3, 2002.
§ 3. The open period during which eligible employees may retire and receive additional
retirement benefits, shall be 90 days in length.
§ 4. The actuarial present value of the additional retirement benefits payable pursuant to the
provisions of this Local Law shall be paid as one lump sum, or in five (5) annual
installments. The amount of the annual payment shall be determined by the Actuary of the
New York State and Local Employees' Retirement System, and it shall be paid by the Town of
Southold for each employee who receives the retirement benefits payable under this local Law.
This act shall take effect immediately upon filing with the State.
Councilman Richter, Councilman Romanelli,
§5.
Vote of the Town Board: Aye: Councilman Wickham,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#539
12
Moved by Councilman Moore, seconded by Councilman Romanelli, it was
RESOLVED that there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 13th Day of August 2002, a Local Law entitled "A Local Law to amend §
6-175 of L.L. No. 20-1998 in relation to extending the expiration date of the two (2%) percent
real estate transfer tax imposed in connection with the Town Community Preservation Fund",
now therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local law at the Southold Town Hall~ 53095 Main Road~ Southold~ New York~ on the
27th day of August~ 2002 at 8:05 p.m, at which time all interested parties will be given the
opportunity to be heard.
LOCAL LAW NO. OF 2002
A Local Law to amend § 6-175 of L.L. No. 20-1998 in relation to extending the expiration date of the
two (2%) percent real estate transfer tax imposed in connection with the Town Community
Preservation Fund"
BE IT ENACTED by the Town Board of the Town of Southold as follows:
SECTION 1. Legislative Findings.
The Town Board hereby finds that in 1998, the New York State Legislature adopted Chapter 114 of the
Laws of 1998, which authorized Towns in the Peconic Bay Region to establish Community
Preservation Funds for the purpose of preserving land for open space, farmland preservation, historic
preservation and parks and recreation purposes. The revenue for said Fund was to be derived from a
two percent (2%) Real Estate Transfer Tax. This Town Board, by Local Law No. 20 of 1998, did
implement the provisions of Chapter 114 of the Laws of 1998. Said Local Law was approved by the
electors of the Town of Southold in a mandatory referendum on November 3, 1998. Pursuant to the
provisions of said Local Law, the Town of Southold Community Preservation Fund went into effect on
April 1, 1999.
The Town of Southold Community Preservation Fund had been an unparalleled success in preserving
land for parks and conservation purposes. From April 1, 1999 through May 2002, the Community
Preservation Fund in the Peconic Bay Region towns has generated $99.28 million for land
preservation. The result has been the acquisition of thousands of acres of land for the public benefit.
Authorization for the two percent (2%) Real Estate Transfer Tax will expire at the end of the year
2010. The State has enacted Chapter 250 of the Laws of 2002, which authorizes the Towns to extend
the expiration date of the tax until the end of the year 2020. The Southold Town Board finds that such
an extension is critical to the continued success of the Town's land preservation goals. It is estimated
that an additional ten (10) years of the program, at current rates of revenue generation, will provide
more than $300 million in additional revenue for the Peconic Bay towns for land preservation.
Further, by utilizing the Southold Town Community Preservation Fund Program in conjunction with
State revolving loan programs or other conservation strategies, the Town can buy more land now
before it is lost to development and before values escalate further. The additional ten (10) years will
provide the necessary revenue stream to fund such preservation strategies. This Local Law
implements the ten (10) year extension.
SECTION 2. Extension of the Expiration Date of the Real Estate Transfer Tax
Section 6-175 of ARTICLE IV, Two-Percent Real Estate Transfer Tax [Adopted 8-25-1998 by L.L.
No. 20-1998] is hereby amended as follows:
§ 6-175. Effective date; referendum requirement
This article is subject to a mandatory referendum as set forth in § 1449-bb of Article 31-D of the Tax
Law. This article shall take effect on March 1, 1999, after approval at the general election to be held on
November 3, 1998, by the affirmative vote of a majority of the qualified electors of the Town of
Southold and filing with the Secretary of State; and provided further that the real estate transfer tax
imposed by this article shall expire and be deemed repealed as to any conveyance taking place after
December 31, 20!0 2020.
SECTION 3. Proposition.
Pursuant to Section 2 of Chapter 250 of the Laws of 2002, this Local Law is subject to
mandatory referendum. Therefore, the following proposition shall be submitted to the electors of the
Town of Southold at the general election to be held on November 5, 2002:
"SHALL LOCAL LAW NO. OF 2002, ENTITLED "A LOCAL LAW TO AMEND § 6-175
OF L.L. NO. 20-1998 IN RELATION TO EXTENDING THE EXPIRATION DATE OF THE TWO
(2%) PERCENT REAL ESTATE TRANSFER TAX IMPOSED IN CONNECTION WITH THE
TOWN COMMUNITY PRESERVATION FUND" BE APPROVED?"
SECTION 4. Severability.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the
13
remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or
part thereof directly involved in the controversy in which such judgment shall have been rendered.
SECTION 5. Effective Date.
This Local Law shall take effect after filing with the Secretary of State and after approval at the
general election to be held on November 5, 2002 by the affirmative vote of the qualified electors of the
Town upon the proposition set forth in Section 3 of this Local Law.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#540
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby suspends without pay the Town
employee against whom disciplinary charges have been filed pending the hearing and determination
of those charges.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#541
Moved by Justice Evans, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of $outhold hereby appoints Valerie Marvin as the
Hearing Office in the Matter of Disciplinary Proceedings against a Town Employee.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#542
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby suspends without pay the Town
employee against whom disciplinary charges have been filed pending the hearing and determination
of those charges.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#543
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of $outhold hereby appoints Valerie Marvin as the
Hearing Office in the Matter of Disciplinary Proceedings against a Town Employee.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
COUNCILMAN ROMANELLI: I just wanted to point out that we are doing this twice, there are two
employees who have disciplinary actions.
This resolution was duly ADOPTED.
#544
Moved by Councilman Moore, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby agrees to compensate Assistant
Cook Valerie Maione, at an annual salary rate of $32,907.45 for 30 days effective immediately.
This action is necessary for maintaining safe and satisfactory kitchen operations for the Nutrition
Center.
SUPERVISOR HORTON: I would like to point again that our human resource center is one of the
gems of Southold Town, what we have in regards to service for the public. The leadership of Karen
McLaughlin has overcome several hurdles and I am sure that we will see her strengthen the program
there.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#545
Moved by Councilman Romanelli, seconded by Justice Evans, it was
14
RESOLVED that the Town Board of the Town of Southold hereby agrees to extend Angel Morales'
hours of work from 17 ½ hours to 35 per week to assist in the kitchen on a temporary basis for up
to 30 days effective immediately at an hourly of $11.63. This action is necessary for maintaining safe
and satisfactory kitchen operations at the Nutrition Center.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#546
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby waives the thirty (30) day
notification for the issuance of a liquor license to Trummer & Trummer Corp. for establishment at 124
Front Street, Greenport.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Justice Evans, seconded by Councilman Moore, it was
RESOLVED that this Town Board meeting be and hereby is recessed at 5:07 P.M. for the purpose of
holding three (3) public hearings. (1.) Hearing on "A Local Law in relation to Residential Office
District in Chapter 100 of the Code of the Town of Southold."~ (2.) Hearing on "A Local Law in
relation to Hamlet Business District in Chapter 100 of the Code of the Town of Southold."~
Hearing on "A Local Law in relation to General Business District in Chapter 100 of the Code of
the Town of Southold."
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Meeting re-convened at 6:00 P.M.
JOAN EGAN: Has the matter that was brought before you, a letter that was sent to you, in regard to
the matter of taping. In other words, ! believe that you remember that letter, it stated that when you
called the Southold Police Department they have to tell you that this is the Southold Police Department
and you are being taped and then you have the option of continuing the conversation or terminating it.
If you want to continue it, by law and ! am sure that Mr. Yakaboski has now checked it out, they have
to alert you every 30 seconds. ! would also like to know whether the Police report that was to be
submitted to you through one of the Town Board people, ! believe that was said that that would be
done, it was given to them in January. Have you received that report?
SUPERVISOR HORTON: No, ! haven't Joan. The Police Committee has had a preliminary report
and they are working within that Committee and Councilman Richter will bring it to the Town Board.
JOAN EGAN: Oh, it is being worked on. January, February, March, April, May, June, July, eight
months, that is pretty good. Maybe we could make it for a year. Now, ! did want to ask what progress
has been made by the town person who is in charge of and is supposed to be moving forward on noise
control, has there been any progress made in that regard?
SUPERVISOR HORTON: No.
JOAN EGAN: No. That is wonderful. Now, tell me this, it is going to be a hot weekend and the
library will be open tomorrow and tonight perhaps. Perhaps we would all like to get a copy out of the
book "Mutiny on the Bounty".
SUPERVISOR HORTON: Joan.
JOAN EGAN: Thank-you.
DOROTHY WOLF: Dorothy Wolf, Southold. ! came here to ask one simple question and that is
hypothetical, it has nothing to do with what ! came here for tonight. Hypothetically, in my community
where ! am, Harbor Lights, if this Town Board decided to have a resolution that decided that Harbor
Lights was to be changed from Residential to a Commercial or Business, then you would have a
hearing and there would be something that would go on here and in the end if our community was
15
being designated a commercial establishment over the area, what procedure, what happens, how does
that come about and how am I personally told about it? How does that happen?
SUPERVISOR HORTON: In regard to any zone changes Town Board...
DOROTHY WOLF: Zone changes, that was residential, that is residential and that this Town for
whatever reason probably their own good, what procedure do you use?
SUPERVISOR HORTON: We are required to make public notice in the newspaper with which we
contract as the official newspaper of the Town.
DOROTHY WOLF: And then?
SUPERVISOR HORTON: Then there is a public hearing process, which will allow the public to
address the Town Board on that matter before anything goes to a vote.
COUNCILMAN WICKHAM: Dorothy, may I add to the Supervisor's comments? You would be
informed in no uncertain terms, by dozens of you neighbors who would be up in arms at the prospect
of that. So your phone would be ringing off the hook.
DOROTHY WOLF: Yes, I know that but aside from that, how would I find out a week or so later, I
am traveling through Europe, I come back and find that the zone change happened. What notice did I
get? How did I find out about it?
SUPERVISOR HORTON: Again, we are required to make official notice through the official
newspaper of the Town as well, we would generally make notice in both newspapers.
DOROTHY WOLF: I think you know where I am headed.
SUPERVISOR HORTON: I do, I know where you are headed.
DOROTHY WOLF: I hope that the community would seek some regress from the Board, has that
opportunity (inaudible) that that community has a real opportunity to be heard (inaudible) because
if they didn't- they sure got a case.
SUPERVISOR HORTON: You are correct.
COUNCILMAN MOORE: Just one comment about that, there is always change that going outside the
hypothetical into the real. It was part of the comprehensive zoning done from Orient Point to Laurel.
Go back and look at the newspapers, forget just the legal notices that are required by law in the little
print. Back then, those included maps and the newspapers themselves covered them on the front page
for week after week. It wasn't just done.
DOROTHY WOLF: Any particular issue?
COUNCILMAN MOORE: Oh, yeah. There is a lot being said and suggested that the tiny legal print
that you find in Newsday or in the local official paper is inadequate and in many instances, it is. But
on something as comprehensive as a community zoning matter, there was a great degree of coverage.
Just like, Route 48 was different in that it was a very targeted, specific parcels were picked out but
back when a map was done on toto, the notice was done in that capacity and a lot of coverage was
made, outside of the normal. Tom referred to the gossip line that would have gotten to you. But the
newspapers themselves covered it in great detail.
SUPERVISOR HORTON: As well our town records show that as far as legal procedures were
followed and adhered to. The Town Clerk's Office shows that in their records. With that being said, !
hope it answers your question.
DOROTHY WOLF: I very much appreciate your clarifying that. The other thing that I wanted to ask
you briefly, I know that you love the issue of the cats and dogs but I have not yet read in any of our
papers nor have I had any clarification about what the heck is happening. This Town hired the North
Fork Animal League to take care of the cats and dogs and they have from you, a direction that they
take with their agency. Who are the new people that you are so happy to be involved with? And
incidentally, I have given my property to them, so I think that I know where they are coming from and
16
! support what they are doing. ! called the North Fork Animal League to see if they had a plan, an
architect's plan. They have their own plan, they are going in one direction with the Town because the
Town is their supervisor. The Town also has given some approval to this new group, so ! would like
you to tell me what is happening here?
SUPERVISOR HORTON: ! will very briefly and ! think it will clear things up for you very quickly.
There is only one direction in regard to the Town constructing a new animal shelter and that comes
right out of the Supervisor's office via meetings with the Town Board. There is only one direction in
regard to building a new facility. In regard to who we contract with, we do not supervise, we do not
get involved in any of the Board's that the North Fork Animal Welfare League makes amongst
themselves. They have their own process, they are an organization, they run themselves. We contract
them to operate the facility. So whatever is going on amongst the ranks or within the organization of
the North Fork Animal Welfare League, quite frankly, it is not anything to do with Southold Town.
Our focus and our mandate is to provide a town facility to deal with animals.
DOROTHY WOLF: Don't you supervise them?
SUPERVISOR HORTON: No. They are their own organization we contract them. Just as though we
contract a vendor to cart our trash out of the landfill. We pay them a fee to provide a service to utilize
our facility to do that.
DOROTHY WOLF: Well, they have a plan for constructing the type of dog pound that they see is the
proper one. And the Town published a plan. It is very confusing.
SUPERVISOR HORTON: As ! said before, there is one plan and that is the plan that is generated out
of Town Hall. Thank-you. And thank-you all for coming, ! move to conclude the meeting. ! really
appreciate your participation and your input.
Moved by Supervisor Horton, seconded by Councilman Wickham, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 6:05 P.M.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Elizabeth A. Neville
Southold Town Clerk