HomeMy WebLinkAboutTB-07/02/2002GENERAL MEETING
July 2, 2002
7:30 P.M.
A Regular Meeting of the Southold Town Board was held on July 2, 2002 at the Southold Town
Hall, Southold, New York. Supervisor Horton opened the meeting at 7:30 P.M. with the Pledge of
Allegiance to the Flag.
Present:
Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman William D. Moore
Councilman Craig A. Richter
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Town Clerk Elizabeth A. Neville
Town Attorney Gregory A. Yakaboski
SUPERVISOR HORTON: Good Evening and welcome to the July 2 public meeting of the Southold
Town Board. Will you please rise and join with me in the Pledge to the Flag. Betty, will you please
remind me to purchase a new flag this week. We will be replacing that flag this week in honor of our
Nations birthday. I welcome you to the meeting and I will briefly describe how the meetings work.
We have a portion of the meeting reserved for the public, they may address the Town Board prior to
the reading of the resolutions-you may address the Town Board on the printed agenda on the
resolutions that we will be voting on this evening. If you would like to address the Town Board in
regard to other Town related business you may do so after the voting on the resolutions, I ask that
when you do address the Town Board that you step to either one of the podiums and speak clearly into
the microphones and state your name and your residence prior to addressing the Board. With that
being said, we will move forward with the meeting.
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills
in the amount of $202,533.22; General Fund Part Town bills in the amount of $25,187.81; Highway
Fund Whole Town bills in the amount of $14,554.32; Highway Fund Part Town bills in the amount
$39,598.11; Capital Projects Account bills in the amount of $565.18; Landfill Cap & Closure bills in
the amount of $550.00; New London Terminal Project bills in the amount of $5,615.46; Fishers Island
Ferry District bills in the amount of $34,828.65; Refuse & Garbage District bills in the amount of
$15,473.70; Southold Wastewater District bills in the amount of $1,538.41; Southold Agency & Trust
bills in the amount of $8,157.09 and Fishers Island Ferry District bills in the amount of $152.48.
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 Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the next Regular Town Board meeting be held on Tuesday, July 16, 2002 at 4:30
P.M. at 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.
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SUPERVISOR HORTON: We have various reports and communications available at the Town
Clerk's Office and you are free to view them between the hours of 8:00 A.M. and 4:00 P.M., Monday
through Friday if you care to do so.
I. REPORTS
1. Empire Plan Quarterly Experience Report-1st Quarter
2. Peconic Bays Aquaculture Advisory Committee - April 2002
3. Town of Southold Budget Report - for month ended May 2002
4. Board of Town Trustees - May 2002
5. Leave Time Summary Report - May 2002
6. Police Department Juvenile Aid Bureau - May 2002
7. Island Group Administration Claim Lag Report - through May 2002
8. Town Clerk Monthly Report - June 2002
II. PUBLIC NOTICES
1. NYS DEC Notice of Complete Application of Suffolk County Water District to construct a
well 70' deep on the north side of County Route 48, approximately 2100' east of Mill Road,
Peconic, Town of Southold. Written comments by July 19, 2002.
2. Southold Town Board of Trustees notice of two resolutions: the first doubling the fees on "as-
built" projects, the second permitting applications to be reviewed and written comments made
up to 24 hours prior to the hearing.
SUPERVISOR HORTON: I am going to take a couple of seconds to convey some communications
that I have received this week. The first is a letter from Peter Schellack, he says briefly "I am writing to
commend the Southold Town Police Department on the outstanding duty they performed for the public
on Sunday June 2, 2002. The Suffolk Bike Riders Association held their annual Bike, Boat, Bike,
Bicycle Tour on that date with approximately 1,500 riders and volunteers participating, utilizing North
Fork Bank parking lot in Mattituck as a check in point for the ride. Needless to say, there were a large
number of vehicles entering and exiting the parking lot in a relatively short amount of time. The
officer who assisted us with traffic control was most professional, helpful and quite friendly. I feel that
without his presence there certainly was a potential for hazardous traffic situations or at the very least a
very congested three hour period." It goes on a bit more. "Once again, I want to thank you on behalf of
the Suffolk Bicycle Riders Association and all the Bike-Boat-Bike participants. I look forward to
working with the Southold Police Department in next years event." This Town Board certainly
appreciates any communications that come in about various Town departments and it is always, always
welcome when it is positive letters of community interaction. This next one is in regard to the
Building Department, that all of us appreciate the leaps and bounds of which the Building Department
has expedited services. "I am the owner of an architectural firm who designs and supervises building
projects in the Town of Southold, as well as residing in Southold. Our firm works in many
jurisdictions in Nassau and Suffolk counties and Southold building department has been extremely
helpful in every project that we have designed in Southold. I look forward to working with this
department again." That was from Mr. Ira Haspfel, an architect. So thank-you to both of those for
sending those along, it made my day.
III. COMMUNICATIONS 1. Letter to Supervisor Horton from Peter Shellack re appreciation of the Police Department
during Suffolk Bicycle Riders bicycle tour.
2. Letter to Supervisor Horton from Ira Haspel re appreciation of the Building Department staff.
SUPERVISOR HORTON: We have a special presentation this evening and I think that what I would
like to do in regard to this special presentation is, there are members of the Board here that have
worked with the person that we are going to honor for quite some time and I have had the opportunity
only to work with the gentleman for about six months. I think that it would be nice if members of the
Board would like to say a few words after I read the proclamation for George Ritchie Latham, perhaps
a few members of the Board would like to convey some thoughts and some thanks of appreciation. So,
Ritchie come on up. This is a proclamation designated for Mr. Latham.
WHEREAS George R. Latham, Jr. a most valued member of the Southold Town Planning Board has
retired from this position as of July 1, 2002 and
WHEREAS George R. Latham, Jr. has given generously of his time and talents in his faithful service
to the Town of Southold residents as a member of the Southold Town Planning Board since September
11, 1979 and
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WHEREAS his record of fine service to the Town of Southold and its people deserves the sincere
gratitude of those with whom and for whom he worked now
THEREFORE BE IT RESOLVED that the Town Board of the Town of Southold hereby expresses its
most sincere appreciation to George R. Latham, Jr. for his unselfish and wholehearted cooperation and
his untiring efforts on behalf of the Town of Southold and extends its best wishes for the years ahead
and
BE IT FURTHER RESOLVED that this resolution be made a part of the permanent records of the
Town of Southold and a copy be presented to Mr. Latham.
SUPERVISOR HORTON: This Town Board, Ritchie, from my coming to work here for the Town has
spoken very highly of you and ! think that this entire Town has an overwhelming amount of respect for
you and appreciates your years of service and if any member of the Town Board would like to
personally address Ritchie, please feel free.
COUNCILMAN WICKHAM: In 1995, Ritchie Latham stood up when we were in the midst of the
controversy with the Cross Sound ferry and didn't mind mincing words. He just said "! think the
Town was snookered." ! will never forget that and it was one of the most truthful and substantive
points that was made in that whole time. ! am very grateful, Ritchie and we are going to miss you.
GEORGE R. LATHAM, JR.: It has been a great run and ! don't know what ! would have done
without it.
JUSTICE EVANS: Ritchie, ! would like to express my thanks and admiration and ! hope that we
haven't seen the last of you in Town Hall because ! think you have many valuable contributions that
you can still make for the Town.
GEORGE R. LATHAM, JR: ! want to say that it has been a great run and ! want to speak for my
Planning Board. They are great people, Bennie has done a great job as Chairman, he still is and we
have a new member now and he is going to be good. ! think it is going to be fine, the staff is doing
well and you have a lot to do, a lot ahead to do. ! came right after John Wickham, he knew when to
step down and he was a good man to follow.
JUSTICE EVANS: ! think the Planning Board will still rely greatly on your wealth of knowledge of
the Town.
GEORGE R. LATHAM, JR.: Well, ! just keep my eyes open.
COUNCILMAN WICKHAM: How many years have you been on?
GEORGE R. LATHAM, JR.: Well, over 23 ! think. Long enough. ! feel good about it. All's well that
ends well, ! feel the time is time for me to step down. ! also want to say to the Town Board, the next
big thing we have coming up, we all really know what we have ahead of us. Think big. Think big.
SUPERVISOR HORTON: ! think that on that note ! would like to make a motion that George R.
Latham, Jr. be appointed an honorary member of the Planning Board in the emeritus status.
COUNCILMAN MOORE: That is a great idea except Ritchie may have an idea of being a paid
consultant for the Board when he gets a chance. So ! am watching out for your financial interest there
but ! think that is a great idea.
Moved by Supervisor Horton, seconded by Councilman Richter, it was
RESOLVED that George Ritchie Latham, Jr. be named an Honorary Member Emeritus of the Southold
Town Planning Board, 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.
SUPERVISOR HORTON: With that being said, we will move on with the printed agenda. As !
mentioned before, public notices, communications and reports are available at the Town Clerk's
Office. At this point, ! am sure that you have all picked up an agenda in the front of the meeting hall
and ! will offer the floor to the public in regard to items on the printed agenda. Would anybody care to
address the Town Board at this time?
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FRANK CARL1N: Frank Carlin, Laurel. #462, yellow bags. Why are you going from $1.75 back up
to $2.25 on the bags?
COUNCILMAN ROMANELLI: We re-bid the cost of hauling the garbage because the contract was
up and obviously the cost was up over a five year period. By the end of the five year contract it will be
up by 30%, on the cost of disposal.
SUPERVISOR HORTON: On that note, Mr. Carlin, ! think that we should acknowledge while this is
being raised a bit, it is still not being raised above the initial cost. ! believe it was reduced and is now
going back to the initial price on that. We are being very sensitive on how we deal with that.
FRANK CARL1N: We should know with inflation the higher everything goes.
JOAN EGAN: Good Evening, the only item that ! have always been in great conflict of, it has
bothered me, that is #462 on the bags. ! have lived in various places and ! don't know if it would be
possible for us to do it, my daughter lives in Carle Place which is in Nassau County and she is given
garbage pails. A colored one for this, a colored one for that and a colored one for that. It works for the
animals and all, where ! live out in East Marion by the water ! have the raccoons, ! have the seagulls, !
have any number of animals which means that ! can't really put my garbage out at night and the
following morning unless ! put Clorox or ammonia on it. So the bags do present a problem also for the
shopkeepers who have the stores and then the girls who have to roll them and the ties. ! don't think
that this can be done overnight but ! think it is something that you should think about seriously. The
pails if they are given, have clasps on them and it prevents a lot of mess, it looks a lot neater and that is
it for now. Thank-you.
SUPERVISOR HORTON: Thank-you, Joan. Would anybody else care to address the Town Board on
an item that is on the printed agenda?
FRANK CARL1N: I almost forgot something. You say that you are going to $2.25 a bag. Now the
people who have curbside garbage pick-up, still have to buy the yellow bags and pay now the $2.25.
My opinion, they shouldn't even have to be required to buy a yellow bag. They are not even using the
landfill. They are getting curbside garbage pick-up and ! don't think that it is fair for the people who
are having curbside garbage pick-up to even pay for a yellow bag and now you are going to $2.25.
That is not fair.
JOAN EGAN: On this authorize and direct to advertise for Land Preservation Committee member,
how is that advertised?
SUPERVISOR HORTON: It will be advertised in the Suffolk Times and in the Traveler-Watchman.
JOAN EGAN: Is it, will it be on the bulletin board outside also?
SUPERVISOR HORTON: Yes.
JOAN EGAN: And when will that be posted?
SUPERVISOR HORTON: It will be posted tomorrow morning on the bulletin board.
JOAN EGAN: What qualifications do you need?
SUPERVISOR HORTON: ! don't know the listing but ! don't think that there are any particular
qualifications other than a pulse and we prefer that you live in Southold Town. Would anyone else care
to address the Town Board?
JAMES D1NIZIO, JR.: James DiNizio Jr., Greenport. On #469, #470, #471 what are they in reference
to?
COUNCILMAN ROMANELLI: That is the accessory apartments, code amendments for the RO
district, the HB district and the B district.
JAMES D1NIZIO, JR.: Are you going to read the actual notice that you are going to publish tonight?
Read it into record?
JUSTICE EVANS: It is very long but there are copies that you can get available.
JAMES D1NIZIO, JR.: No, I would like the public to hear you read it into the record. Because I don't
think that the public here knows exactly what these are and perhaps if you read it to them, they would
understand it.
COUNCILMAN ROMANELLI: Well, we can summarize the changes when we read, just read the
changes.
JAMES D1NIZIO, JR.: That would be all well and good but I think that tonight at the end of this
meeting you are going to have someone stand up and tell you that they were not noticed properly for
the zone change near their house. They are going to say that they didn't understand it. Now, if our
Town Board members cannot read these notices in public, how do you expect people-everyday people-
to understand what they read in the legal notices? All I am asking you to do, is on these three is to read
these legal notices. I don't think that this is too much to ask for the public so that they can understand
what you are trying to here. Thank-you.
SUPERVISOR HORTON: Would anybody else care to address the Town Board on the printed
agenda?
VIOLA CROSS: I am Viola Cross, on #461. Where is the Cutchogue Compost site?
COUNCILMAN ROMANELLI: At the transfer station in Cutchogue. At the landfill in Cutchogue.
SUPERVISOR HORTON: Would anybody else care to address the Town Board? (No response) At
which time we will move forward and begin the reading of the resolutions.
#416
Moved by Councilman Richter, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby establishes the budget for the
2002 Community Preservation Fund as follows:
To:
Revenues:
H3.1189.10
H3.5990.00
Appropriations:
H3.8660.2.500.200
H3.8660.2.600.100
H3.8710.1.100.100
H3.8710.1.100.200
H3.8710.1.200.100
H3.8710.2.400.100
H3.8710.2.400.200
H3.9030.8.000.000
Vote of the Town
Board:
2% Land Transfer Taxes
Appropriated Fund Balance
Appraisals
Land Acquisitions
Full Time Regular Earnings
Full Time Overtime Earnings
Part Time Regular Earnings
Land Use Consultants
Land Stewardship/Management
Social Security Benefits
Aye: Councilman Wickham,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
$1,114,500
3,000,000
$25,000
4,000,000
58,000
2,500
4,000
15,000
5,000
5,000
Councilman Richter,
Councilman Romanelli,
#417
Moved by Councilman Moore, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Knights
of Columbus~ Marion Council No. 3852~ Cutchogue~ New York~ to march using the Main Road
from the Sacred Heart Church east to Depot Lane~ then north on Deport Lane to the Sacred
Heart Cemeterv~ on Saturda¥~ October 1% 2002 beginning at approximately 10:00 A.M., provided
they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town Southold
as an additional insured and notify Lt. Flatley ten (10) days prior to the event to coordinate traffic.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
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This resolution was duly ADOPTED.
#418
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Pirates
Marine Cove Marine~ Fishers Island~ New York~ in the amount of $1~998.75 for repair and
replacement of channel markers to be placed in both West Harbor and Hay Harbor~ Fishers
Island~ New York, as well as repairing and replacing, or returning missing markers that are lost
during the season, at a rate of $40.00 per marker, under the supervision of part-time Bay Constables
Michael Conroy and Luis F. Horn buoys to be prepared and placed by May 23, 2002, and removed and
stored by October 15, 2002; foregoing all in accordance with the bid proposal.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#419
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 2002
Budget as follows:
TO:
Revenues:
A.3089.70 $804.73
State Aide
ORPS
Appropriations:
A. 1355.4.600.200 Board of Assessors
Misc.
Meetings & Seminars
Vote of the Town Board: Aye: Councilman Wickham,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
$804.73
Councilman Richter,
Councilman Romanelli,
#42O
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund 2002
Budget as follows:
TO:
A. 1355.1.100.300 Board of Assessors $500.24
P.S.
Vacation Earnings
FROM:
A. 1355.1.100.100 Board of Assessors $500.24
P.S.
Regular Earnings
Vote of the Town Board: Aye: Councilman Wickham,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Councilman Richter, Councilman Romanelli,
#421
Moved by Councilman Richter, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of
Martin H. Sidor from his position as Land Preservation Committee member effective June 30,
2002.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#422
Moved by Councilman Moore, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of
Richard C. Ryan from his position as Land Preservation Committee Member-Chairman, effective
immediately.
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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,
#423
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
WHEREAS, George R. Latham, Jr., a most valued member of the Southold Town Planning Board will
retire from public service effective July 1, 2002, and
WHEREAS, George R. Latham, Jr. has given generously of his time and talents in his faithful service
to the Town of Southold residents as member of the Southold Town Planning Board since September
11, 1979, and
WHEREAS, his record of fine service to the Town of Southold and its people deserves the sincere
gratitude of those with whom and for whom he worked,
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Southold expresses
their most sincere appreciation to George R. Latham~ Jr. for his unselfish and wholehearted
cooperation and untirin~ efforts on behalf of the Town of Southold, and extends its best wishes for
the years ahead, and
BE IT FURTHER RESOLVED, that this resolution be made a part of the permanent records of the
Town of Southold, and a copy be presented to Mr. Latham, Jr..
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#424
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town
Clerk to advertise for the position of Land Preservation Committee member.
SUPERVISOR HORTON: Just to clarify, that is for two members.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#425
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Corazzini
Asphalt~ Inc. for furnishing and placing Bituminous Surface Treatment Liquid Asphalt Grades
RC-250 and MC-250 ("Oil & Sand") within the Town of Southold, all in accordance with the bid
specifications and as follows:
Mainland Fishers Island
Bituminous Surface Treatment - Liquid Asphalt 50% RC-250 & 50% MC-250 with screened sand:
$1.07 per sq. yd. $2.25 per sq. yd.
Schim Mix Asphalt Concrete - Type 5:
$55.00 per ton $85.00 per ton
Fog Coat: Liquid Asphalt - 50% RC-250 & 50% MC-250:
$1.00 per gallon $1.00 per gallon
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton. Abstain: Councilman Richter.
This resolution was duly ADOPTED.
#426
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Corazzini
Asphalt~ Inc. for furnishing and placing Bituminous Surface Treatment RC-250 Liquid Asphalt
("Oil & Stone") within the Town of Southold, all in accordance with the bid specifications and as
follows:
Mainland Fishers Island
Bituminous Surface Treatment - Liquid Asphalt Grade RC-250 & lA Stone:
$1.30 per sq. yd. $2.10 per sq. yd.
Schim Mix Asphalt Concrete - Type 5:
$50.00 per ton
$58.00 per ton
Fog Coat: Liquid Asphalt - RC-250 Liquid Asphalt:
$1.00 per gallon $1.00 per gallon
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton. Abstain: Councilman Richter.
This resolution was duly ADOPTED.
#427
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Corazzini
Asphalt~ Inc. for furnishing and placing Liquid Asphalt Grades RC-250 & MC-250 within the
Town of Southold, all in accordance with the bid specifications and as follows:
Mainland Fishers Island
$2.20 per gallon
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton. Abstain: Councilman Richter.
This resolution was duly ADOPTED.
#428
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Corazzini
Asphalt~ Inc. for furnishing and placing Hot Mix Asphalt Concrete Pavement "Type 5 Shim"
Sand Mix Asphalt within the Town of Southold, all in accordance with the bid specifications and as
follows:
Mainland Fishers Island
0-350 Tons:
350-650 Tons:
$85.00 per ton
$120.00 per ton
$ 95.00 per ton
$ 85.00 per ton
$61.00 per ton
650-1000 Tons:
$49.00 per ton
Over 1000 Tons:
$50.00 per ton $ 70.00 per ton
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton. Abstain: Councilman Richter.
This resolution was duly ADOPTED.
#429
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Corazzini
Brothers~ Inc. for furnishing and placing Hot Mix Asphalt Concrete Pavement "Type 6 Top"
within the Town of Southold, all in accordance with the bid specifications, and as follows:
Mainland Fishers Island
0-350 Tons:
$65.00 per ton $85.00 per ton
350-650 Tons:
$55.00 per ton $68.00 per ton
650-1000 Tons:
$54.50 per ton $58.00 per ton
Over 1000 Tons:
$52.90 per ton $61.00 per ton
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton. Abstain: Councilman Richter.
This resolution was duly ADOPTED.
#43O
Moved by Councilman Moore, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Corazzini
Asphalt~ Inc. for furnishing and placing Bituminous Surface Treatment "Emulsions & Stone"
within the Town of Southold, all in accordance with the bid specifications, and as follows:
Mainland Fishers Island
Bituminous Surface Treatment - Asphalt Emulsion Grade RS-2 with No. lA Stone:
$1.25 per sq. yd. $2.10 per sq. yd.
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Schim Mix Asphalt Concrete - Type 5:
$52.00 per ton $58.00 per ton
Fog Coat: Asphalt Emulsion Grade RS-2:
$1.00 per gallon $1.00 per gallon
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton. Abstain: Councilman Richter.
This resolution was duly ADOPTED.
#431
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Corazziui
Asphalt~ Inc. for furnishing and placing Bituminous Surface Treatment RX-250 Liquid Asphalt
"Oil & Recycled Stone" within the Town of Southold, all in accordance with the bid specifications,
and as follows:
Bituminous Surface Treatment - Liquid Asphalt
Grade RC-250 & recycled Stone:
Schim Mix Asphalt Concrete - Type 5:
Fog Coat: RC-250 Liquid Asphalt:
Vote of the Town Board: Aye: Councilman Wickham,
Justice Evans, Supervisor Horton. Abstain: Councilman Richter.
This resolution was duly ADOPTED.
$.90 per sq. yd.
$50.00 per ton
$1.00 per gallon
Councilman Romanelli, Councilman Moore,
#432
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town
Clerk to re-advertise for bids for the Type II Micro-surfacing road surface treatment for the year
2002 for the Superintendent of Highways
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#433
Moved by Councilman Wickham, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Horton to execute and agreement with Nelsom Pope & Voohris~ LLC~ for
professional services for the re-evaluation of the SEQRA report on the amended change of zone
application no. 318 ofDarrin Skrezec, not to exceed a cost of $400.00.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#434
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Horton to execute and agreement with Nelsom Pope & Voohris~ LLC~ for
professional services for the re-evaluation of the SEQRA report on the amended change of zone
application no. 320 of Mattituck Housing LLC, not to exceed a cost of $400.00.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#435
HELD
#436
HELD
#437
HELD
#438
HELD
10
#439
Moved by Councilman Moore, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of
RFC (Residential Fences Corp.) 1760 Route 25~ Ridge~ NY 11961~ in the amount of $102~95% to
supply and install fence for the tennis courts~ adult softball field and tee ball fields at Cochran
Park~ in accordance with the plans and specification outlined in the "Invitation to Bid - Tennis Courts,
Adult Softball Field, Handball Court & Tee Ball Fields" dated April 18, 2002.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#44O
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to sign an Agreement with RFC (Residential Fences Corp.) for the
supply and installation of fences at Cochran Park, in accordance with the plans and specification
outlined in the "Invitation to Bid - Tennis Courts, Adult Softball Field, Handball Court & Tee Ball
Fields" dated April 18, 2002, subject to 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.
#441
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Paul
J. Corazzini~ Jr. & Sons~ in the amount of $57~000~ to construct 3 tennis courts at Cochran
Park, in accordance with the plans and specification outlined in the "Invitation to Bid -
Tennis Courts, Adult Softball Field, Handball Court & Tee Ball Fields" dated April 18,
2002.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton. Abstain: Councilman Richter.
This resolution was duly ADOPTED.
#442
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to sign an Agreement with Paul Corazzini~ Jr. & Sons for the
construction of 3 tennis courts at Cochran Park, in accordance with the plans and specification
outlined in the "Invitation to Bid - Tennis Courts, Adult Softball Field, Handball Court & Tee Ball
Fields" dated April 18, 2002, subject to the approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton. Abstain: Councilman Richter.
This resolution was duly ADOPTED.
#443
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Norton to execute any and all necessary documents between the Town of
Southold and the New York State Division of Criminal Justices (DCJS) in connection with the
$15~000. legislative grant DCJS No. LG99998533~ 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.
#444
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Norton to execute a rental agreement with Pitney Bowes for the U.S. Postal
mandated postage by phone postage meter at a cost of $70.00 per month for a period of sixty (60
months), all in accordance with the approval of the Town Attorney.
11
Vote of the Town Board: Aye: Councilman Wickham,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Councilman Richter,
Councilman Romanelli,
#445
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby terminates the employment of
Peter McKee~ Stillwater Lifeguard for the Southold Town Recreation Department, as Mr. McKee
has not appeared for work.
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 Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that this Town Board meeting be and hereby is recessed at 8:00 P.M. for the purpose of
holding a public hearing on the purchase of the property of Michael Adamowicz and Others~
located on Sound Avenue~ Mattituck~ SCTM#1000-121-5-4.1.
Meeting reconvened at
#446
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby terminates the employment of
Kristen Harringtom Beach Attendant for the Southold Town Recreation Department, as Ms.
Harrington has declined the position.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#447
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Jaimie MacDonald to
the position of Beach Attendant (1st year) at a rate of $8.56/hour for the period June 29 - September
2, 2002.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#448
Moved by Councilman Wickham, 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:
Appropriations:
A.3120.2.500.700 $11,000.00
Revenues;
A.4389.20
Police, Soft Body Armor
Federal Aid
DOJ - Bureau of Justice Assistance
$ 5,500.00
From:
Appropriations:
A. 1990.4.100.100 Contingent
Vote of the Town Board: Aye: Councilman Wickham,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Councilman Richter,
$ 5,500.00
Councilman Romanelli,
#449
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby amends resolution no. 327 of
2002 to read as follows:
RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Comptroller
to pay for the accumulated benefit days accrued by Robert P. Knauff and Charles W. Burgess:
Robert P. Knauff 132 days for a total of $43,602.24
12
Charles W. Burgess 98 days for a total of $24,147.20
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Councilman Romanelli,
#45O
Moved by Councilman Moore, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the Fishers Island
Ferry District to purchase and install an ATM in the Administrative Offices on Fishers Island.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#451
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby declares 10 accounts with the
Fishers Island Ferry District as uncollectible in the amount of $10,979.20, and be it further
RESOLVED that said uncollectible debt in the amount of $10,979.20 be offset against Ferry
Operation revenues.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#452
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the Letter of Credit No.
020522 issued by the Suffolk County National Bank on behalf of Raymond J. Akscin for
improvements to minor subdivision of property designated as SCTM# 1000-88-2-17, as required under
Section Al06 of the Southold Town Code, Subdivision of Land.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#453
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes submission of a 2002
proposal to the U.S. Department of Agriculture (USDA) Natural Resources Conservation Service
(NRCS) Federal Farmland Protection Program, whereby the Town of Southold proposes a
cooperative effort to acquire the development rights to agricultural properties which have been
submitted by their owners to the Land Preservation committee of the Town of Southold for sale of
such rights to the Town of Southold, in accordance with the terms of the Farmland Protection Program.
SUPERVISOR HORTON: I don't know if it has been announced in the newspaper yet and I know this
is referring to the USDA but Governor Pataki recently awarded Southold Town $1.35 million dollars
for farmland preservation. This year we were the highest recipients on all of Long Island. That is 1.35
out of a state-wide $16 million, this resolution is in regard to the Federal Farm Bill, if I am not
mistaken and Southold Town has been vying for funds that have been allocated by the Federal
Government.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#454
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2002 Solid Waste
District budget, as follows:
To
SR 8160.4.100.615
SR 8160.4.400.900
SR 8160.4.100.570
From
SR 8160.4.400.805
Maim/Supply Cat 816 B
Security/Alarm Systems
Maim/Supply 644 Payloader
$ 1,500.00
$ 1,000.00
$ 1,000.00
MSW Removal
$ 3,500.00
13
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#455
Moved by Councilman Moore, seconded by Councilman Wickham, it was
WHEREAS, Richard C. Ryan, a most valued member and chairman of the Southold Town Land
Preservation Committee will retire from this position as of July 1, 2002, and
WHEREAS, Richard C. Ryan has given generously of his time and talents in his faithful service to the
Town of Southold residents as a charter member of the Open Space Committee from May 4, 1988
through July 3, 1991 at which time it was abolished and the Land Preservation Committee was formed.
He then served as a member of the Land Preservation Committee, and was appointed Chairman in
1997 in which capacity he served in to the present, and
WHEREAS, his record of fine service to the Town of Southold and its people deserves the sincere
gratitude of those with whom and for whom he worked,
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby
expresses their most sincere appreciation to Richard C. Ryan for his unselfish and wholehearted
cooperation and untiring efforts on behalf of the Town of Southold, and extends its best wishes for
the years ahead, and
BE IT FURTHER RESOLVED that his resolution be made a part of the permanent records of the
Town of Southold, and a copy be presented to Mr. Ryan.
SUPERVISOR HORTON: ! would like to note that Mr. Ryan was not able to attend this evening but
the Town Board has drafted a proclamation to that end to deliver to Mr. Ryan.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#456
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby promotes Jane Edstrom to the
full-time position of Senior Clerk Typist in the Human Resource Center, at a salary of $33,886.17
per annum, effective July 4, 2002.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#457
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints John Irving as a full-
time Minibus Driver for the Human Resource Center, at an annual salary of $18,176.98, effective
July 22, 2002.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#458
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part
Town 2002 budget as follows:
Appropriations
To:
B.8020.1.100.200
B.8020.1.100.300
B.8020.1.100.400
B.8020.1.200.100
From:
B. 1990.4.100.100
B.8020.2.200.300
B.8020.1.100.100
Revenues
To:
Planning, Full-time Overtime Earnings
Planning, Full-time Vacation Earnings
Planning, Full-time Sick Earnings
Planning, Part-time Regular Earnings
Contingencies
Planning, Filing Equipment
Planning, Full-time Regular Earnings
2,200.00
811.25
6,165.48
20,000.00
10,000.00
176.73
11,000.00
14
B. 5990.00 Appropriated Fund Balance
Vote of the Town Board: Aye: Councilman Wickham,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
8,000.00
Councilman Richter, Councilman Romanelli,
#459
Moved by Councilman Richter, seconded by Councilman Moore, it was
WHEREAS The State of New York provides financial aid for household hazardous waste programs;
and
WHEREAS the Town of Southold, herein called the MUNICIPALITY, has examined and duly
considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in
the public interest and benefit to file an application under these laws; and
WHEREAS, it is necessary that a Contract by and between the PEOPLE FO THE STATE OF NEW
YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE Aid;
NOW, THEREFORE, BE IT RESOLVED BY The Town Board of the Town of Southold
1. That the filing of an application in the form required by the State of New York in conformity
with the applicable laws of the State of New York including all understanding and assurances
contained in said application is hereby authorized.
2. That Supervisor Joshua Y. Horton, or his designee is directed and authorized as the official
representative of the MUNICIPALITY to act in connection with the application and to provide
such additional information as may be required and to sign the resulting contract if said
application is ;approved by the STATE;
3. That the MUNICIPALITY agrees that it will fund the entire cost of said household hazardous
waste program and will be reimbursed by the State for the State share of such costs.
4. That the MUNICIPALITY or MUNICIPALITIES set forth their respective responsibilities by
attached joint resolution relative to a joint program.
5. That five (5) Certified Copies of the Resolution be prepared and sent to the NYSDEC together
with a complete application
That this resolution shall take effect immediately.
Vote of the Town Board: Aye: Councilman Wickham,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Councilman Richter, Councilman Romanelli,
#46O
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2002 General Fund
Whole Town budget, as follows:
TO:
REVENUES:
A.2705.50 Programs for the Aging $ 240.00
Adult Day Care Donations
APPROPRIATIONS:
A.6772.2.100.100 Programs for the Aging
Equipment
Adult Day Care Furniture
Vote of the Town Board: Aye: Councilman Wickham,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
$ 240.00
Councilman Richter, Councilman Romanelli,
#461
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby sets the price for compost and
screened mulch at the Cutchogue Compost Site at lc per pound.
COUNCILMAN ROMANELLI: ! would like to note that it was cut in half, it used to be 2 cents per
pound. While we have the opportunity, the compost facility, which will be the 17 acres that was
purchased just west of the existing landfill, where the big sand pile is now-that sand is going on top of
the cap, to cap the landfill. The long-term goal is once that western parcel is clear of all the sand and
construction material being used for the capping that that will be used for increased compost facility,
better screening equipment. We are hoping to produce a cleaner compost when we are all said and
done. When we have more operators. The reason the price of the compost was higher for a while was
that we were using a lot of the mulch and compost and for the past years we were accumulating it,
really not trying to sell it because we were using it as soil and material to cap the landfill. So since the
15
capping of the landfill is almost nearing its completion, we are at the point now where we can begin
selling the compost at a reasonable price.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#462
Moved by Justice Evans, seconded by Councilman Wickham, it was
WHEREAS the cost to the Town for garbage disposal has risen substantially since June of 2000;
WHEREAS Town Garbage Bag prices have remained steady since 1998;
NOW THEREFOR BE IT RESOLVED that the Town Board of The Town of Southold hereby sets the
Garbage Bag Prices as follows: small bags, $ .75, medium bags, $1.50, large bags, $2.25. This
resolution shall take effect immediately.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#463
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure of Sound
Avenue from Love Lane to the driveway of the parking lot east of the Church of the Redeemer
between the hours of 7:00 a.m. to 4:00 p.m. on Saturday~ August 3~ 2002~ during the Mattituck
Presbyterian Church "Annual Summer Fair" to be held on their property at Main Road and Sound
Avenue, Mattituck, New York, provided they file with the Town Clerk a One Million Dollar
Certificate of Insurance naming the Town of Southold as an additional insured.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#464
Moved by Councilman Richter, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 5:00 p.m. Tuesday~ July 16~
2002~ Southold Town Hall~ 53095 Main Road~ Southold~ New York~ as the time and place for a
public hearing on the question of acquisition by girl of a conservation easement of approximately
8.9 acres of property from Peconic Land Trust as contract vendee with Elaine Axien, for open
space preservation purposes in accordance with Chapter 6 of the Town Code. The property is located
at the end of Henry's Lane in Peconic, New York. The parcel, known as SCTM#1000-68-3-7,
comprises approximately 8.9 acres. The property is being purchased by the Peconic Land Trust, funded
by private donors. The Peconic Land Trust will donate a conservation easement on the property to the
Town. The property is wooded and contains some wetlands. There are two defined rights of way on
the property that are subject to the rights of others. The rights of way are not part of the easement to be
donated to the Town. The exact area of the easement is subject to survey. The total price of the
easement donation will be acquisition costs associated with transfer of title of the easement to be
gifted.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#465
Moved by Councilman Moore, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Angela Cappabianca as
a part-time Student Intern I in the Southold Town Human Resource Center to assist in the dining
room and kitchen for a period beginning July 4, 2002 through August 9, 2002 at a salary of $9.54 per
hour.
SUPERVISOR HORTON: I would like to say to members present, if you ever have a free moment
and you want to see some innovative use of Town property and the creation of Town programs, stop
by the Human Resource Center. It is a phenomenal facility.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
16
#466
Moved by Councilman Romanelli, seconded by Councilman Moore, it was
WHEREAS, the Town Board of the Town of Southold is scheduled to hold a public hearing on the
acceptance of a gift of a conservation easement of approximately 8.9 acres of property from Peconic
Land Trust as contract vendee with Elaine Axien, for open space preservation purposes in accordance
with Chapter 6 of the Town. The property is located at the end of Henry's Lane in Peconic, New York.
Said property is identified as SCTM #1000-68-3-7. The property is being purchased by the Peconic
Land Trust, funded by private donors. The Peconic Land Trust will donate a conservation easement on
the property to the Town. The property is wooded and contains some wetlands. There are two defined
rights of way on the property that are subject to the rights of others. The rights of way are not part of
the easement to be donated to the Town. The exact area of the easement is subject to survey. The total
price of the easement donation will be acquisition costs associated with transfer of title of the easement
to be gifted; be it therefore
RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted
Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further
RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only
involved agency pursuant to SEQRA Rules and Regulations; be it further
RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form
prepared for this project is accepted and attached hereto; be it further
RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on
the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations
for this action.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#467
Moved by Justice Evans, seconded by Councilman Richter, 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.6772.4.200.100 Programs for the Aging $700.00
Utilities
Cell Phone
FROM:
A.6772.1.200.100 Programs for the Aging $700.00
Part Time Employees
Regular Earnings
Vote of the Town Board: Aye: Councilman Wickham,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Councilman Richter, Councilman Romanelli,
#468
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of
Michael Bialeski~ Traffic Control Officer, effective immediately.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#469
Moved by Councilman Richter, seconded by Justice Evans, it was
LOCAL LAW NO. 2002
TOWN OF SeUTHeLD
A Local Law in Relation to Zoning, Chapter 100, Article VII, Residential Office (Re) District of the
Code of the Town of Southold is hereby amended as follows:
ARTICLE VII, Residential Office (Re) District [Added 1-10-1989 by L.L. No. 1-1989EN; amended
5-9-1989 by L.L. No. 6-1989; 11-28-1989 by L.L. No. 22-1989; 12-12-1989 by L.L. No. 23-1989; 2-7-
1995 by L.L. No. 3-1995; 10-19-1999 by L.L. No. 15-1999]
§ 100-70. Purpose.
17
The purpose of the Residential Office (Re) District is to provide a transition area between business
areas and low-density residential development along major roads which will provide opportunity for
limited nonresidential uses in essentially residential areas while strongly encouraging the adaptive
reuse of existing older residences, to preserve the existing visual character of the town and to achieve
the goal(s) of well-planned, environmentally sensitive, balanced development, which the town has
determined to be desirable.
§ 100-71. Use regulations.
In the Residential Office (Re) District, no building or premises shall be used and no building or part of
a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in
part, for any uses except the following:
A. Permitted uses.
(1) One family detached dwellings ~f f ....... ~ ~ ~ ....": ....... ~' '~f
(2) r~,_, ............ v, ll,~l '~'~'~'el'~'~;~ Two-family dwellings.
(3) The following uses are permitted uses subject to site plan approval by the Planning Board:
(a) Buildings, structures and uses owned or operated by the Town of Southold, school districts,
park districts and fire districts.
(b) Buildings, structures and uses owned or operated by fraternal organizations and utilized for
activities typically conducted by a fraternal organization, including but not limited to public meeting
places, charitable and fundraising events, patriotic observances and catering for public and private
functions.
(c) Bed-and-breakfast uses as set forth in and as regulated by § 100-3 lB(14).
(d) Professional offices.
(e) Churches or similar places of worship, parish houses, convents and monasteries.
(f) Libraries, museums, art galleries, exhibit halls, artists'/photographers' studios and dance
studios.
(g) Small business offices such as insurance agencies, real estate agencies, computer software
services, financial planning securities brokers and like-kind small business establishments excluding
retail sales of any kind or nature and limited to overall floor space of 3,000 square feet.
B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted
as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval
by the Planning Board, provided that not more than one use shall be allowed for each 40,000 square
feet of lot area:
(1) Special exception uses as set forth in and regulated by § 100-31 B(-!-) (2) through (7) of the
Agricultural-Conservation District.
(2) Funeral homes.
(4) (3) Restaurants, except fast-food or formula restaurants.
(-5) (4) Custom workshops, provided that they shall not be all or part of a commercial center.
C. Accessory uses. The following uses are permitted as accessory uses and, except for residential
accessory uses and signs, which are governed by Article XX, are subject to site plan review:
(1) Accessory uses as set forth in and regulated by § 100-31C(1) through (7) of the Agricultural-
Conservation District and subject to the conditions set forth in § 100-33 thereof.
(2) Accessory uses set forth in and regulated by § 100-42C(2) of the Hamlet Density Residential
District.
(3) Apartments are permitted within the principal structure subject to the following requirements:
i) The Building Department issuing an accessory apartment permit.
ii) The habitable floor area of each apartment shall be at least three hundred and fifty (350)
square feet.
iii) There shall be no more than three (3) apartments created or maintained in any single
structure.
iv) Each apartment shall have at least one (1) off street parking space.
v) Construction and/or remodeling of an existing structure to create an accessory
apartment shall not trigger the need for site plan approval set forth specifically in
section 100-250 and Article XXV in general unless such construction or remodeling
results in an increase of the square footage of the structure.
D. Additional standards. All permitted structures as set forth in this article, except for single-
family dwellings, shall be subject to the following:
(1) No outdoor storage or display of any kind shall be permitted.
(2) All permitted buildings and other structures shall be visually residential in character, the visible
architectural features of which shall be consistent and compatible with the architectural styles of the
existing structures in the immediate neighborhood.
18
(3) Store fronts of any kind whatsoever shall not be permitted.
§ 100-72. Bulk, area and parking regulations.
No building or premises shall be used and no building or part thereof shall be erected or altered in the
Residential Office (RO) District unless the same conforms to the Bulk Schedule and Parking and
Loading Schedules incorporated into this chapter, with the same force and effect as if such regulations
were set forth herein in full. EN
§ 100-73. 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.
§ 100-74. Effective date.
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
law.
Strike-through represents deletion.
Underline represents insertion.
COUNCILMAN ROMANELLI: The changes that will be in effect on the next three resolutions, #469,
#470 and #471. They are all going to read the same so ! am going to read it once. Jim, ! am going to
read it once for all three, alright? The change will be that apartments are permitted within the principle
structure and they must meet the fire requirements. The Building Department must issue a building
permit, the habitable floor area of each apartment shall be at least 350 square feet and that gets changed
from 450 square feet, we are knocking it down to 350. There shall be no more than 3 apartments
created or maintained in any single structure. Each apartment shall have at least one off street parking
space, construction and or re-modeling of existing structure to create accessory apartment shall not
trigger the need for a site plan approval, if the construction or remodeling does not result in an increase
in square footage of the structure. So those changes will be in the RO district, the HB district and the
General business district.
SUPERVISOR HORTON: ! would like to say for those three zoning districts and we are merely
setting a public hearing where there will be input from the public taken at that point.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#47O
Moved by Councilman Moore, seconded by Justice Evans, it was
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York on the 2nd day of July 2002 a Local Law entitled" Local Law in relation to Hamlet
Business District in Chapter 100 of the Code of the Town of Southold~ 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 15th day of
August 2002 at 5:02 p.m. at which time all interested persons will be given an opportunity to be
heard.
LOCAL LAW NO. 2002
TOWN OF SOUTHOLD
A Local Law in Relation to Zoning, Chapter 100, Article IX, Hamlet Business (HB) District of the
Code of the Town of Southold is hereby amended as follows:
ARTICLE IX, Hamlet Business (HB) District [Added 1-10-1989 by L.L. No. 1-1989EN]
§ 100-90. Purpose.
The purpose of the Hamlet Business (HB) District is to provide for business development in the hamlet
central business areas, including retail, office and service uses, public and semipublic uses, as well as
hotel and motel and multifamily residential development that will support and enhance the retail
development and provide a focus for the hamlet area.
§ 100-91. Use regulations.
In the HB District, no building or premises shall be used and no building or part of a building shall be
erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses
except the following:
A. [Amended 5-9-1989 by L.L. No. 6-1989; 5-16-1994 by L.L. No. 9-1994; 2-7-1995 by L.L. No.
3-1995] Permitted uses. The following are permitted uses and, except for those uses permitted under
Subsection A(1), A(2) and A(19) hereof, are subject to site plan approval by the Planning Board:
o .......,:~, t~:o,,:~, One-family detached dwelling
District. Two-family dwelling.
19
(3) Buildings, structures and uses owned or operated by the Town of Southold. school districts,
park districts and fire districts.
(-3) (4) Boardinghouses and tourist homes.
(4) (5) Business, professional and governmental offices.
(-5) (6) Banks and financial institutions.
(6) (7) Retail stores.
(-7) (8) Restaurants, excluding formula food and take-out restaurants. [Amended 5-16-1994 by L.L.
No. 9-1994]
¢g) (9) Bakeshops (for on-premises retail sale).
(9) (10) Personal service stores and shops, including barbershops, beauty parlors, professional studios
and travel agencies.
(4¢) (11) Art, antique and auction galleries.
(44-) (12) Artists' and craftsmen's workshops.
(4-2-) (13) Auditoriums or meeting halls.
(4-3) (14) Repair shops for household, business or personal appliances, including cabinet shops,
carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle
shops.
04)(15)
(-1-5)(16)
06)(17)
0-7-)(18)
(-1,g) (19)
· . Custom workshops.
Bus or train stations.
. Theaters or cinemas (other than outdoor).
Libraries or museums.
Laundromats.
(-!-9) (20) Bed-and-breakfast uses as set forth in and as regulated by § 100-3 lB(14).
(21) Multiple dwellings.
B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted
as a special exception by the Board of Appeals as hereinafter provided, subject to site plan approval by
the Planning Board:
(1) Any special exception use set forth in and as regulated by § 100-3 lB(3) to (6) and (4-3) and (14)
of the Agricultural-Conservation District.
(-3) (2) Motel and hotel uses as set forth in and regulated by § 100-61B(4) of the Resort Residential
(RR) District, except that minimum lot size shall be three (3) acres. [Amended 7-31-1990 by L.L. No.
16-1990]
20
vv z~zz.
(-5) (3) Boarding and/or tourist homes as set forth and regulated by § 100-61B(5) of the Resort
Residential (PR) District. [Amended 2-7-1995 by L.L. No. 3-1995]
(40 (4) Fraternal or social institutional offices or meeting halls.
(-7) (5) Drinking establishments.
6g) (6) Public garages.
(-9) (7) Funeral homes.
(-!4)) (8) ENFlea markets. [Added 10-17-1995 by L.L. No. 21-1995]
(-14-) (9) [Added 5-16-1994 by L.L. No. 9-1994] Takeout and formula food restaurants, subject to the
following requirements:
(a) Adequate parking shall be provided in accordance with that required by Article XIX, Parking
and Loading Areas, of this chapter. All parking spaces shall be located within reasonable walking
distance of the site or three hundred (300) feet, whichever is less. The improvement or development of
municipal parking may be used to satisfy this requirement. The adequacy of municipal parking shall be
determined by the Planning Board as part of its site plan review procedure by conducting a parking
survey of the capacity of the existing municipal parking area to accommodate the projected increase in
usage due to the introduction of the subject land use.
(b) An assessment of the potential traffic impacts of the proposed use must accompany the long
environmental assessment form. The appropriate mitigation measures must be incorporated into the
site plan.
(c) There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive-up, drive-
by or walkup window or door.
(d) Exterior signage shall conform in all respects to Article XX, Signs, of this chapter and, further,
may not be lit from within.
(e) Advertisements, including trademark logos, may not be affixed, painted or glued onto the
windows of the business or onto any exterior structures, including waste disposal receptacles and flags.
(f) The physical design, including color and use of materials, of the establishment shall be
compatible with and sensitive to the visual and physical characteristics of other buildings, public
spaces and uses in the particular location.
C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as
accessory uses and, except for residential accessory uses and signs, which are subject to Article XX,
are subject to site plan review:
(1) Accessory uses as set forth in and regulated by § 100-31C(1) through (7) of the Agricultural-
Conservation District, and subject to the conditions set forth in § 100-33 thereof. EN
(2) Apartments are permitted within the principal structure subject to the following requirements:
vi) The Building Department issuing an accessory apartment permit.
vii) The habitable floor area of each apartment shall be at least three hundred and fifty (350)
square feet.
viii) There shall be no more than three (3) apartments created or maintained in any single
structure.
ix) Each apartment shall have at least one (1) off street parking space.
x) Construction and/or remodeling of an existing structure to create an accessory
apartment shall not trigger the need for site plan approval set forth specifically in
section 100-250 and Article XXV in general unless such construction or remodeling
results in an increase of the square footage of the structure.
§ 100-92. Bulk, area and parking regulations.
No building or premises shall be used and no building or part thereof shall be erected or altered in the
HB District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules
incorporated into this chapter by reference, with the same force and effect as if such regulations were
set forth herein in full. EN
§ 100-93. (Reserved)
§ 100-94. 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 there of other than the part so decided to be unconstitutional or invalid.
§ 100-95. Effective Date.
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
law.
Strike-through represents deletion.
Underline represents insertion.
21
Vote of the Town Board: Aye: Councilman Wickham,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Councilman Richter,
Councilman Romanelli,
#471
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 2nd day of July 2002 a Local Law entitled "Local Law in relation to General
Business District in Chapter 100 of the Code of the Town of Southold" 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, 530905 Main Road, Southold, New York, on the 15th day of
August 2002 at 5:04 p.m. at which time all interested persons will be given an opportunity to be
heard.
LOCAL LAW NO. 2002
TOWN OF SOUTHOLD
A Local Law in Relation to Zoning, Chapter 100, Article X, General Business (B) District of the Code
of the Town of Southold is hereby amended as follows:
ARTICLE X, General Business (B) District [Added 1-10-1989 by L.L. No. 1-1989EN]
§ 100-100. Purpose.
The purpose of the General Business (B) District is to provide for retail and wholesale commercial
development and limited office and industrial development outside of the hamlet central business
areas, generally along major highways. It is designed to accommodate uses that benefit from large
numbers of motorists, that need fairly large parcels of land and that may involve characteristics such as
heavy trucking and noise.
§ 100-101. Use regulations.
In the B District, no building or premises shall be used and no building or part thereof shall be erected
or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except
the following:
A. [Amended 5-9-1989 by L.L. No. 6-1989] Permitted uses. The following uses are permitted uses
and, except for those uses permitted under Subsection A(1), (12) and (13) hereof, are subject to site
plan approval by the Planning Board:
(1) Any permitted use set forth in and regulated by § 100-31A(2) and (3) of the Agricultural-
Conservation District.
(2) Any permitted use set forth in and regulated by § 100-91A(3) to (19) of the Hamlet Business
District. [Amended 2-7-1995 by L.L. No. 3-1995]
(3) Wholesale businesses, warehouses and building material storage and sale, but excluding
storage of coal, coke, fuel oil or junk.
(4) Building, electrical and plumbing contractors' businesses or yards.
(5) Cold storage plants, baking and other food processing and packaging plants that are not
offensive, obnoxious or detrimental to neighboring uses by reason of dust, smoke, vibration, noise,
odor or effluent.
(6) Wholesale or retail sale and accessory storage and display of garden materials, supplies and
plants, including nursery operations, provided that the outdoor storage or display of plants and
materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three (3) feet
of the property line.
(7) Wholesale/retail beverage distribution.
(8) Funeral homes.
(9) Train or bus stations.
(10) Telephone exchanges.
(11) [Added 11-29-1994 by L.L. No. 26-1994] Wineries which meet the following standards:
(a) It shall be a farm winery licensed under New York State law from which wine made from
primarily Long Island grapes is produced and sold.
(b) It shall obtain site plan approval.
(c) It shall have retail sales on site.
(12) One-family detached dwelling.
(13) Two-family dwelling.
B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted
as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval
by the Planning Board:
22
(1) Any special exception use as set forth in and regulated by § 100-3 lB(2) to (12), except
wineries are not required to be in connection with a vineyard. [Amended 8-1-1989 by L.L. No. 15-
1989]
(2) Hotel or motel uses as set forth in and regulated by § 100-61B(4) of the Resort Residential
(RR) District, except that the minimum lot size shall be three (3) acres. [Amended 8-13-1991 by L.L.
No. 19-1991]
(3) Bed-and-breakfast enterprises or boarding and/or tourist homes as set forth in and regulated by
§ 100-3 lB(14) of the Agricultural-Conservation District, except that no site plan approval is required.
(4) Tourist camps as regulated by Chapter 88, Tourist and Trailer Camps, of the Town Code.
(5) Research, design or development laboratories, provided that any manufacturing shall be limited
to prototypes and products for testing.
(6) Fully enclosed commercial recreation facilities, including but not limited to tennis clubs,
skating rinks, paddle tennis, handball and squash facilities, dance halls, billiard parlors, bowling alleys,
health spas and clubs and uses normally accessory and incidental to commercial recreation, such as
locker rooms, eating and drinking facilities and retail sale of goods associated with the particular
activity.
(7) Laundry or dry-cleaning plants, subject to the following conditions:
(a) All processes and storage shall be carried on within an enclosed building.
(b) All fluids used in processing shall be recycled, and the overall facility shall be designed,
located and operated to protect surface waters and the groundwater reservoir from pollution.
(8) Fraternal or social institutional offices or meeting halls (nonprofit).
(9) Take-out restaurants, provided that eating on the premises of the take-out restaurant shall be
permitted only inside the structure or in areas specifically designated and properly maintained outside
of the structure and where the minimum lot size for a freestanding structure is forty thousand (40,000)
square feet. [Amended 5-16-1994 by L.L. No. 9-1994]
(10) Drinking establishments.
(11) Automobile laundries.
(12) Public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and
rental, including the sale of recreation vehicles and trailers and boat sales, with accessory repair
facilities, all subject to the following requirements:
(a) Entrance and exit driveways shall have an unrestricted width of not less than twelve (12) feet
and not more than thirty (30) feet and shall be located not less than ten (10) feet from any property line
and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-
way.
(b) Sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles
or boats.
(c) Vehicle lifts or pits, dismantled automobiles, boats and vehicles and all parts or supplies shall
be located within a building.
(d) All service or repair of motor vehicles, other than such minor servicing as change of tires or
sale of gasoline or oil, shall be conducted in a building.
(e) The storage of gasoline or flammable oils in bulk shall be located fully underground and not
less than thirty-five (35) feet from any property line other than the street line.
(f) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from any street or
property line.
(g)ENNo gasoline service or repair shops or similar businesses are to be located within three hundred
(300) feet of a church, public school, library, hospital, orphanage or rest home.
(13) Partial self-service gasoline service stations, subject to all of the provisions of § 100-10lB(12)
herein and the following additional requirements:
(a) Each partial self-service gasoline facility shall have a qualified attendant on duty whenever the
station is open for business. It shall be the duty of the qualified attendant to control and operate both
the console regulating the flow of gasoline to the dispensing equipment thereafter to be operated by the
customer at the self-service pump island and the dispensing equipment on the other pump islands.
(b) Gasoline shall at no time be dispensed without the direct supervision of the qualified attendant.
A control shall be provided which will shut off the flow of gasoline to the dispensing equipment at the
self-service pump island whenever the qualified attendant is absent from the control console for any
reason whatever, including when he is operating the dispensing equipment on the other pump islands.
(c) The console regulating the flow of gasoline to the remote dispensing equipment thereafter
operated by the customer at the self-service pump island shall be situated in such a manner as to give
the qualified attendant controlling said console an unobstructed view of the operation of said remote
dispensing equipment.
23
(d) The self-service pump island shall have controls on all pumps that will permit said pumps to
operate only when a dispensing nozzle is removed from its bracket on the pump and the switch for this
pump is manually operated.
(e) The self-service pump island shall be protected by an automatic fire-protection system in the
form of an approved system of dry powder release which will act as an automatic fire extinguisher.
(f) No customer shall be permitted to dispense gasoline unless he shall possess a valid motor
vehicle operator's license.
(g) There shall be no latch-open device on any self-service dispensing nozzle.
(14) Private transportation service, including garage and maintenance facilities.
(-!4) (15) [Added 5-16-1994 by L.L. No. 9-1994] Formula food restaurants located within a shopping
center in this zone, subject to the following requirements:
(a) There must be sufficient parking as provided for by the Article XIX, Parking and Loading
Areas, of this chapter, and such parking area shall be available within the shopping center site to
accommodate the use.
(b) The operation of the establishment shall not create traffic problems.
(c) There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive-up, drive-
by or a walkup window or door.
(d) Exterior signage shall conform in all respects to Article XX, Signs, of this chapter and, further,
may not be lit from within.
(e) Advertisements, including trademark logos, may not be affixed, painted or glued onto the
windows of the business or onto any exterior structure, including waste disposal receptacles and flags.
(f) The signage must conform to the existing color theme and signage style of the shopping center.
(g) The existing exterior architectural style of the shopping center building may not be altered or
modified in any way to accommodate the proposed use.
(h) The use must be located within the shopping center's main primary building complex and may
not be located within a single freestanding structure within the shopping center site.
(4-7) (16) Flea markets. [Added 10-17-1995 by L.L. No. 21-1995]
C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as
accessory uses and, except for residential accessory uses and signs, which are governed by Article XX,
are subject to site plan review:
(1) Accessory uses set forth in and as regulated by § 100-31C(1) through (8) and (10) of the
Agricultural-Conservation District, subject to the conditions set forth in § 100-33 thereof. [Amended
11-29-1994 by L.L. No. 26-1994]
(2)ENOpen storage of materials or equipment, provided that such storage shall be at least twenty-five
(25) feet from any lot line, not be more than six (6) feet high and be suitably screened by a solid fence
or other suitable means of at least six (6) feet in height.
(3) Apartments are permitted within the principal structure subject to the following requirements:
xi) The Building Department issuing an accessory apartment permit.
xii) The habitable floor area of each apartment shall be at least three hundred and fifty (350)
square feet.
xiii) There shall be no more than three (3) apartments created or maintained in any single
structure.
xiv) Each apartment shall have at least one (1) off street parking space.
xv) Construction and/or remodeling of an existing structure to create an accessory
apartment shall not trigger the need for site plan approval set forth specifically in
section 100-250 and Article XXV in general unless such construction or remodeling
results in an increase of the square footage of the structure.
§ 100-102. Bulk, area and parking requirements.
No building or premises shall be used and no building or part thereof shall be erected or altered in the
B District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules
incorporated into this chapter by reference, with the same force and effect as if such regulations were
set forth herein in full. EN
§ 100-103. Front yard setbacks. [Added 8-22-1995 by L.L. No. 18-1995]
A. Structures shall be set back at least one hundred (100) feet from the right-of-way.
B. There shall be an exception to Subsection A if the adjacent parcels are developed, in which
case the minimum front yard setback shall be the average of the setbacks of the adjacent parcels.
C. A project shall be divided into separate structures so that no single structure shall have more
than sixty (60) linear feet of frontage on one (1) street. The setbacks of multiple structures on a parcel
may vary, provided that the average setback of the structures meets the setback required above and all
buildings are at least seventy-five (75) feet from the right-of-way.
24
§ 100-104. 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.
§ 100-105. Effective date.
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
law.
Strike-through represents deletion.
Underline represents insertion.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#472
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local law
entitled "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 Southold" is a Type II action pursuant to the SEQRA
regulations, 6 NYCRR 617.5 Icl I301.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#473
Moved by Councilman Wickham, seconded by Justice Evans, it was
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York on the 2nd day of July 2002 a Local Law entitled, "Local Law in relation to Temporary
Moratorium on the Processing of, 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 Southold", now, therefore, be it
RESOLVED that this Local Law be referred to the Southold Town Planning Department and the
Suffolk County Planning Commission for recommendations and reports, all in accordance with the
Southold Town Code and the Suffolk County Charter.
This proposed "Local Law in relation to 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", which reads as follows:
LOCAL LAW NO. 2002
Temporary Moratorium on the Processing, Review of, and making Decisions on applications
for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans
containing Dwelling Unit(s) in the Town of Southold
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.
25
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
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 $CWA 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 $outhold. 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 $outhold 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;
26
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
27
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 XXV!
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
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 five hundred ($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 II! 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.
COUNCILMAN WICKHAM: There follows about six pages of text that ! really don't think that !
need to read. It has been well-reported in the newspapers and ! think that most of you have a pretty
clear idea of what this moratorium is about.
SUPERVISOR HORTON: ! will say that a copy of this resolution and the text attached will be
available in the Town Clerk's Office.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
28
#474
Moved by Councilman Richter, seconded by Councilman Wickham, it was
RESOLVED there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York, 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 Southold", 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 30th day of
July 2002 at 8:00 p.m. at which time all interested persons will be given an opportunity to be heard.
LOCAL LAW NO. 2002
Temporary Moratorium on the Processing, Review of, and making Decisions on applications
for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans
containing Dwelling Unit(s) in the Town of Southold
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
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
29
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:
4) 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;
5) 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
6) 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:
10) 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;
11) setoffs as defined in the definition of"Subdivision" in Southold Town Code section A106-
13;
12) Lot line applications;
30
13) 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;
14) 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;
15) 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.;
16) a site plan application for a two-family dwelling;
17) a site plan application for a bed-and-breakfast;
18) 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
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
31
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 five hundred ($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 {}Al 06-25
, {} A106-27 and Articles II! 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.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#475
Moved by Councilman Moore, seconded by Justice Evans, it was
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of fee
title acquisition of property of Michael Adamowicz and Others on the 2nd day of July 2002, pursuant
to the provisions of Chapter 6 (Community Preservation Fund) of the Town Code, at which time all
interested parties were given the opportunity to be heard; and
WHEREAS, said property is located on the south side of Sound Avenue in Mattituck and is identified
as SCTM #1000-121-5-4.1; and
WHEREAS, the proposed acquisition is for approximately 69.4 acres (subject to survey) of the
approximately 71.4 acre property; and
WHEREAS, the acquisition is pursuant to the provisions of Chapter 6 (2% Community Preservation
Fund) of the Town Code; and
WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property
that should be preserved. The property is significant for open space and recreational (trail) purposes
and is located within the Special Groundwater Protection Area; and
WHEREAS, the subject property is adjacent to and in the vicinity of over 400 acres of preserved land;
and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase
the subject property in partnership with the County of Suffolk, for open space preservation purposes.
Proposed uses of the property shall be in conjunction with the existing preserved land in the vicinity,
which may include the establishment of a nature preserve, passive recreational area with trails and
limited parking for access purposes; and
WHEREAS, the purchase price is $27,000 (twenty-seven thousand dollars) per acre, or approximately
$1,874,000 (one million eight hundred seventy-four thousand dollars) for the 69.4 acre acquisition.
The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee
and the County of Suffolk. The purchase is to be in partnership with Suffolk County as tenants in
common. The purchase price and all costs associated with the partnership acquisition are to be shared
50%/50% between the Town of Southold and the County of Suffolk; be it therefore
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the property
identified as SCTM# 1000-121-5-4.1 comprising approximately 69.4 acres at the purchase price
of $27~000 (twenty-seven thousand dollars) per acre, pursuant to the provisions of Chapter 6 of the
32
Code of the Town of Southold. The property is to be purchased in partnership with Suffolk County as
tenants in common. The purchase price and all costs associated with the acquisition are to be shared
50%/50% between the Town of Southold and the County of Suffolk. The exact area of the property to
be purchased is subject to survey.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#476
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Reynold F. Blum as the
Chairman of the Southold Town Land Preservation Committee~ effective immediatel¥~ for a term
to expire on December 31, 2003.
SUPERVISOR HORTON: The reason that this was not on the agenda was that the Board canvassed
Mr. Blum this afternoon and got confirmation back from him at 7:20 P.M., so that we were able to put
it on in time.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
SUPERVISOR HORTON: That concludes the reading and voting of the resolutions on the printed
agenda. At this point, ! offer the floor to members of the community that would like to address the
Town Board on town related issues. Mr. Carlin, ! would like to say thank-you from myself and the
Town Board, for the work that you are doing in conjunction with Councilman Moore. It seems to be a
bright future ahead for the construction of a new shelter that we all know that this Town needs. ! just
wanted to say thank-you in advance for the work that you are doing.
FRANK CARL1N: ! intend to speak on that this evening also. But ! wanted to do two things before
starting out. ! wanted to thank Mr. Richter for helping out with the street light there by the bridge, the
Laurel Bridge. Thank-you very much.
COUNCILMAN RICHTER: My pleasure.
FRANK CARL1N: One more thing. Edmund Bokina's house is west of the information center. When
you drive by, notice his house. It is yellow in the front, the flagpole is yellow and his shed is yellow.
That is from the water that you have got there. They are telling me that they are buying the Laurel
Lake property here because the water is so great there and you are spending $27,000 to make it yours.
Now, to the main issue for tonight. ! am sorry Bill and the Board that ! didn't make the presentation
this morning, ! was tied up with my business. ! feel bad about that, believe me. But ! want to applaud
Bill and the Board for doing a wonderful job so far and moving along and getting this shelter built. A
very good job. But ! want to say this, it is owned by the Town, whatever you agree with-and ! looked
at it myself-whatever you agree with then get on with it. It is your shelter. Don't let this thing get into
another McDonalds issue where it lasted for five years, alright? We waited 16 years for this, we have
it almost in our hands. ! look at it this way, the bases are loaded, Bill Moore is up at the plate-two
strikes against him-his average of hitting a home run is almost 100%. So, let's go with it. If you like
it, then you do it. When you start everybody coming in and nitpicking it apart, forget it. It is 100%
better than what we have got now. The animals will appreciate it at Christmas time, ! am sure.
mentioned it one other time, last year but it never got built. But you are doing a wonderful job and
hope that it will get built soon. But what ! said before, is you own it, you do it. You are satisfied with
it. It is like somebody owning a house and somebody renting it. You don't go in there and tell
someone that you want to knock a door down, you don't own the house, he does and he tells you what
he wants to do. That is what ! see happening in this town for the 50 years that ! have lived here and the
many Supervisors that have been before. That is probably what happened 16 years ago when we
almost came close to getting it built. And this was wrong, that was wrong, we don't like this, we don't
like that and it faded away. We almost have it now, gentlemen, do it. If it was up to me, ! would pick
up the phone tomorrow and get the bulldozers in there. Now, Bill, you want to say something to me, a
little report or something? ! would appreciate it.
COUNCILMAN MOORE: Thank-you, Frank. ! appreciate all of the kind words. Baseball is not my
sport, you would never see me play but ! will do my best. If they build it, they will come. We had a
good presentation this morning, ! really want to thank Jamie Richter, he worked very hard to make it a
drawing that we could work with and the second thanks, the Board has been very supportive and of
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that I am very apprciative, is the work of the Morelly family, who stepped up and said "We had the
Raynor's come up as a family with a quarter of a million dollars and we have a lot of lifting to go yet.
This is not going to be an easy task." The drawing that we presented is one that when it is all said and
done, I believe that the Town will be proud of to have its name and to have it be "its" shelter. And it is
the Town Shelter. With that being said, the foundation has a lot of work to do to raise the money.
Enough to make it happen. This town has put up some money and Mr. Raynor has put up some money
and we have a ways to go. I would be happy to show you our little dog and pony show with the
computer and all kinds of drawings.
FRANK CARL1N: Very nice and like I said it is 100% better than what we have now. I remember
back in 1986 when it was so bad, we were digging in there and two dogs got electrocuted from wires, it
was in bad shape. It is going to be in the same location, right?
COUNCILMAN MOORE: Roughly, the same site, the same property. We are going to adjust it.
FRANK CARL1N: That is great.
COUNCILMAN MOORE: One thing I will say since you didn't hear it. We are trying to work with
LIPA to see if we can do some solar panels up there and some neat stuff as far as being more green and
cheaper to operate. We are working on all kinds of avenues to make this a really neat .....
FRANK CARL1N: But you actually can't start on the construction of it now until you get more
funding? That is the factor of it.
COUNCILMAN MOORE: Correct. The Town can chose to bond it now or wait for the public.
FRANK CARL1N: Too bad someone couldn't win a million bucks. But we will have to wait and see.
SUPERVISOR HORTON: Thank-you, Frank. As you mentioned, that is ultimately important and I
think that Bill alluded to that as well, is that the only thing we can do is look back on those past 16
years and take the lessons that we have learned and apply them to progress now. It is certain that we
obviously have the right players on the team. Would anybody else care to address the Town Board?
DAVID EVANS: David Evans, 250 Second Avenue, Peconic. I want to draw the Boards attention to
a program that cropped up only this afternoon. As of 5:00 P.M. this afternoon about 1/3 of the parking
lot at Goldsmiths Inlet Beach is going to be unusable unless action is taken tomorrow on this week, the
Fourth of July week because as of 5:00 P.M. this afternoon there are two payloaders, a generator, a
huge pile of wood and six piles, each of which contain a dozen units of those very, very large
galvanized rubber covered metal units that are used for beach bulwarks. Also, this afternoon a
payloader went along the beach from the entry westward until the police and the DEC were called and
I believe a cease and desist order was put in place by the DEC and whatever work was being started
then, I didn't see it myself, I heard about it and I went down to look at 5:00 P.M. I believe that you can
get the information specifically and accurately from the Southold Police Department. What distressed
me (and I spoke this afternoon after I saw this) with the North Fork Audubon Society representative
who had been here, I believe, at your work session this morning, that there is a very deep, rutted track
westward from that entry path that is used for boat launches within the beach. As far as I know, all of
this material, which makes 1/3 of the parking lot unusable, in this most important week, was put there
today. Obviously, if it was put there today an authorization by the Town Board could get the
contractor who put it there to take it away tomorrow before the Fourth of July. Thank-you.
SUPERVISOR HORTON: Thank-you, sir. I appreciate that very much.
VIOLA CROSS: I am Viola Cross from Cutchogue. On June the 25th, I submitted an application for
Freedom of Information with the Town Clerk requesting copies of information regarding the rezoning
in 1989. I received a letter two days later. "Dear Mrs. Cross, I am in receipt of your 6/25/02 FOIL
request for information concerning the 1989 zoning change by the Southold Town Board. I will
continue researching the matter and contact you with information as soon as it can be gathered." I
don't know why you have to gather and research something that should be here in Town Hall. That
delays action on the petitions that I have, and I have some more if you would like them, I don't
understand why it has taken so long.
34
SUPERVISOR HORTON: When you file a Freedom of Information request, a FOIL as some refer to,
the Town then is obligated to furnish you with the information that falls under that law and we are
required to meet certain time frames, as the Town Clerk can elaborate on. What amount of time that
we have to get back to you on, she did ask why we have to research that basically means that the Town
Clerk or folks who work in the Town Clerk's Office have to run through files, they may have to be
taken from the basement or the filing cabinets. I think that is what the Town Clerk is referring to when
she says research. It is actually going through and collecting information that you are requesting.
ELIZABETH NEVILLE, SOUTHOLD TOWN CLERK: Yes, Mrs. Cross, we have approximately
three boxes of files in the vault and my office has been so busy that we haven't had the time to go
through them I brought some of the files up and I have been looking through them but I haven't
completed it. That is why I responded to you.
SUPERVISOR HORTON: We will make that a priority, Mrs. Cross.
ELIZABETH NEVILLE: I responded to you within a couple of days to tell you that we would work
on it because I was afraid that it is going to take a little bit of time.
VIOLA CROSS: Thank-you. I have some more petitions if you would like copies.
SUPERVISOR HORTON: As a point of reference, please. And again, we will make your information
request a priority. Are there any other members of the community that would like to address the Town
Board?
KEV1N FOY: Good Evening, my name is Kevin Foy, I reside in Mattituck. I would like to make a
comment about the community that is around the landfill. I would like to know why does that area
have to be the part of the Town that gets dumped on all of the time by the Town? The reason I say that
was our ancestors came up I guess around 1945 and they were able to buy land, there was only like one
farmer who would part with some land and that was right by where the dump is. So they bought the
land, right after they bought the land the Town came up with the bright idea of "Let's throw a dump
right in their backyard." So, they do it. Because it is the Town and they can do whatever they want to
do. After that, the people in the community have to deal with garbage blowing all over the place, the
kids probable think that the papers in the trees are supposed to be ornaments or something, the Town
doesn't come around and clean things up. That whole community feels that the Town thinks of it as
being a dumping ground. So being that we were able to purchase some land in that area and all of a
sudden the Town comes up with the great idea, which it is a great idea to cap the dump, so when they
do that, they come up with another great idea to rezone that area but let's rezone it without letting the
people in that community know what is happening. So in 1989 that is what they did, they rezoned it
from residential to light industrial. Without letting the people who bought the land in that area because
it was residential, they didn't let them know-no certified letters, I belong to the First Baptist Church of
Cutchogue and I know that we never got a letter. So it just seems that now that all that is happening,
now we are going to have all of these big trucks coming through, we have kids who play in the
neighborhood but the Town doesn't think about that. They would rather be concerned about building a
nice shelter for dogs than be concerned about people in the community. So after they rezoned it and
everything, they are going to cap the dump, now what are they going to do? They are putting a nice
compost over there, so now that we got rid of the smell of the dump now we have the stench of the
compost blowing across our backyards. If those people want to hang their clothes out, they can't even
do that. I mean, who would want to walk around smelling like crap all day? I think that the Town
needs to take a better look at what they are doing, how they manage the Town and start looking at
everybody in the Town as being equal and not because I have money and own property on Pequash
Avenue or in Nassau Point that we give them more preference. But no matter what color, creed or
background that you come from everybody in this Town should be created equal. I believe that, and I
know that you can rezone back to residential because just looking at this site plan here, there was some
property there that was LID went back to R-80, why can't we zone this back to R-80 so that these
people who are not of high income but a home is home. Why can't we rezone that back so that these
people can have the quality of life as the rest of the people in Southold Town?
SUPERVISOR HORTON: Would anybody else care to address the Town Board?
BARBARA TAYLOR: Barbara Taylor, Cutchogue. I am in complete agreement with Kevin because
if you look at where we live, we are on the south side of Route 48 which is so busy, so many accidents
and whatnot and on the east of us we have a telephone tower, on the back of us we have the landfill
35
and now they are saying on the west of us we are going to have a compost pile and we also have that
sand pile where they have been doing that sand dredging or whatnot. And we are considered the
African-American community, we are a small community but every time something needs to be done it
is dumped on us. And like he said with that residential thing, that could be zoned back to residential.
And ! want to know how much are we to bear before something is done for us as taxpayers?
SUPERVISOR HORTON: This is an issue that has been more than murmuring in the community and
it warrants serious attention from the Town Board and ! think that we all agree with that. We all agree
with it regardless of where we all stand. ! am going to appoint a Task Force this evening, members
comprised of this Town Board, to deal with it, to communicate with that community. To communicate
with all property owners in that community and take a long hard look at this and bring some
information back to the Town Board because ! think that this is something that we cannot let go
unchecked. ! think that the Town Board and Jim, you actually mentioned something along these lines,
in 1989 when the Town rezoned this property, ! looked through a bit of the file and yes, did it legally,
did it through publications and newspapers but is that enough? There were people notified and did the
Town reach out and say that we are targeting your property for XYZ for some other use that you are
accustomed to? And ! don't know if that is acceptable, ! certainly don't feel that it is acceptable as the
Supervisor of this town. If you are required to give public notice for a particular change of use in your
property, ! think that the Town should be required to do so as well. So ! am going to ask Councilman
Wickham and Councilman Richter to get together and they will be the task force that will be appointed
to reach out to the community there, all members of the community and deal with the situation. And !
appreciate you bringing it to the Town's attention. Would anyone else care to address the Town
Board?
FRANK CARL1N: I would like to address the Town Board and everybody in Southold Town to the
health conditions. ! am going to do a public favor here. Don't all laugh if it is funny. A week ago
Saturday on the Newsday, there was a picture of a spider, a brown recluse spider. You have probably
all seen it on the front page. ! know, because last year my brother-in-law got bit by one. Now, in the
paper it said that on Channel Two news there were five in New York. So you can't say that they are
not going to come out here. ! am not trying to panic you people but ! am trying to give you warning
about how dangerous it is. Let me explain what you have to do when you get bit by one of these
things. You have to go on intravenous antibiotics for two weeks, either in the hospital or at home. My
brother-in-law chose home, so he had to go on intravenous home four times a day, three different
syringes to fight this. And it is dangerous, if it goes too far you could lose your arms or your legs.
These spiders hang out in closets, in your shoes, anyplace that is dark and they are dangerous. But !
am not trying to panic you but ! am trying to give you some information because ! know what my
brother-in-law went through. If you know what it looks like and here is what it looks like.
SUPERVISOR HORTON: ! ask that you address the Town Board on Town business.
FRANK CARL1N: This is for the public of the Town. If this isn't Town business, I don't know what
is. It is very dangerous and it starts out like a little red mark, like you get bit by a wood tick starts, then
it gets this big, as you can see here. Two weeks we done that, four times a day, three different
syringes. It is no joke. ! am not saying that it is ever going to come out here and ! called the Suffolk
Times a few times last year to put it in the paper to warn the people that this is a possibility here and it
never got in the paper. But Troy could put it in the paper how he calls McDonalds a litter factory, that
was more important. But this is what can happen if you get this thing. This is very bad but like ! said
in a report of Suffolk County, Central Suffolk Hospital had one case (that must have been my brother-
in-law's) because he went there, in the emergency room and that was how they started to see it. ! have
a habit now that before ! put my shoes on, ! shake them. ! open up my closet and take a flashlight and
look in there. But anyway, ! hope people appreciate me telling about this, it is more serious than what
you hear.
SUPERVISOR HORTON: Sir, you wanted to address the Town Board?
ROBERT KRUDOP:
of the tax map area.
the zoning in.
My name is Robert Krudop, for the record. ! have a couple of photocopies here
want to know what area in question, what exact lots, you are looking to change
SUPERVISOR HORTON: You can make those available at the end of the meeting, if you would like
to address the Town Board.
36
ROBERT KRUDOP: Exactly what lots are we interested in here, in changing the zoning?
SUPERVISOR HORTON: To be quite honest, we don't know exactly what lots are in question.
ROBERT KRUDOP: What lots would you like changed?
SUPERVISOR HORTON: Sir, if you would like to address the Town Board that is what this forum is
for, in regard to addressing the Town Board.
ROBERT KRUDOP: Well, would we be notified, if you go to change this? What would we be able
to, ! guess, come up and say it at that point in time that you decide if you are going to change the
zoning or should ! not be talking to you tonight because it is not really worth it until you open it for
discussion?
SUPERVISOR HORTON: No, it is absolutely appropriate and ! am glad that you are here to weigh in.
ROBERT KRUDOP: Because ! understand that you visited the area and spoke to the other residents in
the area but you haven't spoken to the land owners. My wife and ! own three parcels in that area.
SUPERVISOR HORTON: ! have walked through that neighborhood, yes. Which ! think is a, from the
response here, ! think is a responsible thing on my behalf to do.
ROBERT KRUDOP: Very much.
SUPERVISOR HORTON: So ! did. ! think ! stopped, you are on the corner property?
ROBERT KRUDOP: ! own the corner property and actually the whole east side of Tuthill Lane.
SUPERVISOR HORTON: You were there and ! spoke with your brother, we had a lengthy
conversation.
ROBERT KRUDOP: These are my cousins. At any rate, property as well on the other side of the
road.
SUPERVISOR HORTON: If ! can respond, ! would like to. Which is exactly why ! just now
appointed Councilman Wickham and Councilman Richter to carry out and weigh in on these
discussions. And to actually get the consensus and feeling of that entire neighborhood, which ! think
again is the responsible tack to take in regard to addressing the issue.
ROBERT KRUDOP: The majority of the properties both in the area and in numbers in property
owners bought it for the industrial aspect that it was rezoned for. Limited industrial, you are wiping it
out in the Town, was rezoned it was put in this area, it was nice and neat, it was square, it was perfect.
You know we have compost in there, you are not going to change the landfill, the landfill is always
going to be there. They may find out that there are more environmental problems underneath the dump
eventually. What is going to happen? They might have to excavate it, they might have to go through
and sift through the entire sand and remediate it, possibly in the future. You are going to have that
compost, you bought the machine, it is going to be there. You know, to go in there and change the
zoning to make this little tiny area back to residential and the majority of the property owners in that
area want it light industrial. ! don't understand why there is even a task force made. Why can't you
just say it is going to stay that way and that is the way it is and have a backbone like the Board did in
19897
SUPERVISOR HORTON: ! think again it is the responsible thing for the Town to do, if there are
concerns from various members of the neighborhood, yourself included that have an opinion or have a
say in how the neighborhood is dealt with. There is no change of zone application before the Town
right now. But there is concern within that community. It is our job to address those concerns. And !
will as Supervisor, appoint these two gentlemen to speak with these people from the community,
yourself included as a property owner in that community. And your input is extremely valuable and
equal to anybody elses in that community. These two Councilmen that ! have appointed will listen and
will take what you say and bring it to the Town in a responsible fashion. ! think that is fair to the
community and ! think it is fair to you, that you be represented, that other members of the community
37
be represented. That is what I think is responsible and what is important. For your sake and for
everybody elses sake, Mr. Krudop.
ROBERT KRUDOP: It isn't the majority of the community is no longer African-American. The
majority of the property owners are American, they are white, ! don't understand how the papers can
be saying this.
SUPERVISOR HORTON: Mr. Krudop, at this point, I will say that if you have a problem with the
way that the papers are reporting things, take it to the papers. This Town is looking at property, this
Town is addressing the concern of a community. Taxpayers, residents, civilians, members of this
community. There has been no mention of this Board, out of this Board or any of this Board's mouths,
in regard to race, religion or anything of that nature. We are looking at addressing the concern of a
neighborhood, yourself included, in Southold Town. And that is all ! have to say on this matter at this
point.
ROBERT KRUDOP: What is your feeling on the area, you walked it, you have an idea. Give me your
honest feeling.
SUPERVISOR HORTON: You are not asking me a specific question, Mr. Krudop. I will not get into
a public debate. This is a forum for you to address the Town Board.
ROBERT KRUDOP: Fair enough. ! would like to have a certified letter if there is a change of zoning
or if there is going to be a meeting on the change of zoning, the date and time forwarded to me at that
point in time.
SUPERVISOR HORTON: You will be well included in any discussion in that area. That was a point
I was trying to make and I felt I made it clearly, is that I think the Town Board should adopt a policy of
notifying people in regard to how their property is dealt with.
ROBERT KRUDOP: Very much so, I appreciate it. Thank-you so much.
SUPERVISOR HORTON: Thank-you. Joan.
JOAN EGAN: How are you standing up, Josh?
SUPERVISOR HORTON: Very well.
JOAN EGAN: That was a tough one to handle, you did it very nicely. Mr. Yakaboski, how are you. I
left a message for you, many, many messages. Did you get the one today? A very important message
regarding local stores.
SUPERVISOR HORTON: Joan, this is a forum for you to address the Town Board. Mr. Yakaboski is
our lawyer.
JOAN EGAN: Well, he is the Town Attorney. ! requested information regarding how it is handled in
supermarkets within the Township of Southold and small store, deli's and the like. Who can sell
alcohol? To the best of my knowledge you have to be 18 to sell it and 21 to purchase it. If the manager
is over 21 and which ! would hope that he would be and if he sees the younger people selling it, maybe
that would be all right. ! wrote a letter and asked in that regard. ! think it is a very important issue that
young people, which ! have seen in different supermarkets and convenience stores at the age of 14 and
15 being able to sell beer. ! think it is horrible, it sets a very bad example for them. So will that be
addressed? Now, in addition, Mr. Supervisor, ! have again requested through the Board member Mr.
Romanelli, noise control. Has there been a committee formed for or anything done about fines for
noise control? Last Saturday night, the noise over the water up until 1:00 A.M. from Main Street in
Greenport was horrible. Why don't you do something about that?
SUPERVISOR HORTON: Joan, you are referring to property that is within the confines of the Village
of Greenport.
JOAN EGAN: Oh, so that goes to...
SUPERVISOR HORTON: I think you know who to contact for that. The Greenport Village Board.
38
JOAN EGAN: Now, we were talking about certified letters. I love that part. I was not notified by a
certified letter, was ! Mr. Moore, in regard to zoning changing Heller's property. Was ! Mr. Moore?
The answer to that is yes or no. I'll help you out. Again, the answer is no. When am ! going to receive
compensation for the .....
COUNCILMAN MOORE: Joan, I have answered that question last January.
JOAN EGAN: No, no. You gave me a fast answer, you have not addressed the problem properly.
Do your homework, that is what you are there for. That is what you got voted in for, don't give me
any fast talk. Mr. Richter, how are you doing on the police report? Huh? How are you doing?
January, February, March, April, May, June, July. Seven months. Do we have a police report? No.
You told me last time, July 18th. What is today. July 2nd. So you have 16 days to move fast. Nothing
is getting done. But ! do have some good news for you. Through myself, Mr. Harris and the DOT we
are going to get a police sign on the Main Road and the North Road. It may slow some of these idiots
down. And through Mr. Harris and myself we got that mess cleaned up there in front of Peconic
Landing, so we don't have quite so many accidents. Correct? Does anyone want to say thank-you?
Now, Mr. Yakaboski ....
SUPERVISOR HORTON: Joan, is there anything else that you would like to address the Town Board
on?
JOAN EGAN: Yes, when are we, hopefully we got the word collusion out, let's hope that the word
apathy is not spitting out of everybody's mouth in Southold. We have the Town Board and apathy.
We all know what apathy means, don't we. Maybe we need a dictionary here and maybe in addition
we need a book of etiquette for Mr. Romanelli. Bye.
JIM D1NIZIO, JR.: James DiNizio, Jr. Greenport, New York. ! appreciate your going over this
notification of (inaudible) either you guys are afraid to read those notices.
SUPERVISOR HORTON: Afraid?
JIM D1NIZIO, JR.: Yeah, because you didn't read the whole thing. Why don't you read it the way it
was in the paper? The way you are going to advertise, the way you expect your citizens to receive that
information, you should have read those notices the way they were to be published. ! know the reason
why. Because ! had asked one of our Board members once to do that and he did and it was like fingers
on a blackboard, it was so annoying. The man stumbled and stammered over it. It is not his fault, no
one can read that. And ! am sure Mrs. Cross can't read those and ! am sure Mr. Quatroche can't read
those, ! know that Mr. Quatroche didn't read, didn't understand them because he lost out on $50,000
because he probably didn't understand. Or maybe he just couldn't read them. You know why?
Because they are half the size of regular print in the newspaper. And the last time that ! checked, there
is no law in Southold Town that says that ! have to buy the Suffolk Times. Now ! spent 15 years on
the Zoning Board of Appeals and ! have watched elderly person after elderly person come before that
Board and say that they didn't know. They weren't aware. We bought the lot (and ! am talking about
the merger law) for our savings and we want to sell it now but we can't because the Town merged it. !
kept getting two tax bills, as far as ! was concerned there was two lots there. But no, the Town made a
law and relied solely on the Suffolk Times and solely on gibberish that this Board puts in the paper to
notify them that they were taking basically what maybe was their life savings away from them. And !
think that that is a travesty. ! think the fact that you haven't addressed it tonight in the face of what !
read in the paper is another travesty. You can address this tonight. You can bring up a resolution or a
motion that just says that this will be the policy of this Board to notify every adjacent land owner when
you guys make a change in zoning. There is no reason why you can't do it. Probably too expensive.
Ask Mrs. Quatroche. Her husband has cancer and she needs to raise money, she came to the Zoning
Board after she bought that lot and the Zoning Board said no. Now you can at least right this wrong
tonight. ! don't know what you can do about the people near the landfill. That is a hard one. This
man come to the Town, who set the law of this Town and said by god, ! think ! am going to do a plan.
And for 20 maybe 15 years, he saves, he scrimps, he purchases the land, he still got his land this is
what ! can do. If ! can do with this land, ! can make a living. Why? Because this is what ! do, the
Town says ! can do it here. And six months before he goes to do that, this Town considers a
moratorium. This Town considers changing the zone. Well, ! can understand Mr. Krudop's anger at
this. ! would be angry too, ! would be really angry. But it has to do with the way the Town runs its
government and the young lady that was up here just before me, apathy. It has to do with that. ! am
39
not saying that you are not doing your job, I am saying that you are not listening. Okay? And I had to
listen for 16 years to people telling me that they didn't know and ! have said to plenty of you people up
there this very same thing. That one of the reasons why Mr. Murphy, when he was on that Board, that
he read that notice, there was a reason why ! got up and person and asked you not to read those notices
any more because it would just bore you. No one could get through it. But the result of that was he
wound up notifying everyone on County Road 48 that you intended to do something. So you can do it
and ! am telling you to do it tonight. You have got three here, the moratorium, start sending out letters.
Now, ! think it is important that you start that, ! think it is important that the people in this Town come
to these meetings. What did we see here four or five comments on this open meeting here. Maybe you
will get 50 people maybe you will get 100 people coming in but that is what government is all about.
Talking and discussing and compromising. And ! don't see the compromising, ! know that it is easier
just to follow what the law says. You know, ! read in the paper, the Town did it legally and by god,
you did do it legally. But how can you sit here, public meeting after public meeting, and four or five
people come up and make a comment that you know effects probably maybe half the Town, you have
got to do something about it. ! would love to see you do something about it tonight. Because that
would be a step in the right direction, that would be good government. That would let everybody
know who is involved with these things that they have a Town Board that cares enough to let them
know that they are considering something that may effect them. Thank-you very much.
SUPERVISOR HORTON: Thank-you, Jim. Would anyone else care to address the Town Board? (No
response)
Moved by Councilman Richter, seconded by Councilman Wickham, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 9:30 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