HomeMy WebLinkAboutTB-09/06/1994SOUTHOLD TOWN BOARD
SEPTEMBER 6, 199~,
WORK SESSION
Present: Supervisor Thomas Wickham, Councilman Joseph J. Lizewski, Councilwoman
Alice J. Hussie, Councilman Joseph L. Townsend, Jr., Councilwoman Ruth D. Oliva,
Justice Louisa P. Evans, Town Clerk Judith T. Terry, Town Attorney Laury P. Dowd.
9:10 A.M. - Edward Siegmann, representing senior citizens, met with the Town Board
to urge them to increase the senior citizen exemption from the current income limit
of $16,825 to the New York State established income level of $21,300. Also in
attendance was Chairman of the Board of Assessors Scott Russell who recently prepared
a breakdown of the impact on the tax rate should the Town Board consider raising
the income limit to the State ceiling amount. Mr. Russell also explained the tests they
are required to employ to determine qualification for an exemption. It was agree that
Supervisor Wickham would inquire of other taxing entities in Southold Town, as well
as surrounding towns to determine whether they are considering the increase.
9:40 A.M. Oak Gentry, representing Louis Bacon, owner of Robins Island, spoke to
the Town Board about Mr. Bacon's request to locate a temporary construction/office
trailer on his property in New Suffolk, and two similar trailers on Robins Island forA
a period of six months (see resolution no. 19).
'9:50 A.M. - Representatives from the Stewardship Task Force TDR Sub-Committee-
Joe Fischetti, Michael Zweig, Greg Palast, and Tom Samuels, Jr., met with the Town
Board to fully explain their position on TDR's, based upon their considerable research
and experience in the field.
9:45 A.M. Solid Waste Issues: The Town Board met with Solid Waste Coordinator
James Bunchuck with regard to the issue of waiving .Disposal Area fees. Supervisor
Wickham submitted a proposal to review each request on a case by case basis, with the
criteria that waivers be limited to organizations not engaged in fund-raising activities,
and where granting the request would elicit voluntary actions in support of Town
objectives and would cost the Town more money than the value of the fees wavied (see
resolution no. 21).----William Coster, summer intern at the Disposal Area, made a
verbal report to the Town Board on his work over the summer. One of his major
accomplishments was a potato composting program, for which he secured a permit from
the DEC after considerable research and investigation to formulate the program.----
Justice Evans brought the Board up to date on 'the progress with the bid specifications
for the Fishers Island Metal Dump. The Board tried to estimate the percentage of metal
recyclable, metal non-recyclable, C&D and MSW in the dump. Supervisor Wickham will
research this with Fagan Engineers to arrive at a formula and report back to the Town
Board at the September 20th meeting.
11:30 A.M. - Planning and Zoning Issues: Discussed proposed "Local Law in Relation
to Bed and Breakfast Facilities" and after a revision, of the intent, placed resolutions
(22 & 23) on the agenda to declare that the law will not have a significant adverse
effect on the environment, and to transmit it to the Town and County Planning for
recommendations and reports.----Reviewed again the proposed "Local Law in Relation to
Signs", and placed resolutions on the agenda (24 & 25) for the Boar~l- to declare that
the law will not have a significant adverse effect on the environment, and to transmit
it to the Town and County Planning for recommendations and reports.----Proposed
"Local Law in Relation to Aquaview Avenue" was discussed, and placed on hold pending
a study on parking at road ends.--,-Reviewed proposed "Local Law in Relation to
Lighting", and placed resolutions on the agenda (26 & 27) to declare that the law will
not have a significant adverse effect on the environment, and to transmit it to the
Town and County Planning for recommendations and reports.
12:30 P.M. - Recess for lunch.
1:50 P.M. - Work Session reconvened and the Town Board continued Planning and
Zoning Issues: Placed resolutions on the agenda (29r 30, 31) declaring that a "Local
Law xn Relation to Wineries" will not have a significant adverse effect on the
environment; set 8:00 P.M., September 20th for a hearing on that lawr and set 8:05
P.M., September 20th for a public hearing on a "Local Law in Relation to Public
Entertainment and Special Events."
2:00 P.M. Personnel Issues: Placed a resolution (no. 32) on the agenda to appoint
Tracy LePre as a School Crossing Guard.----Policy and Finance Issues: Councilwoman
Hussie submitted a proposed revision to the Annual Statement of Financial Disclosure
to be incorporated in the proposed Code of Ethics.----Reviewed a proposed amendment
to the Southold Town Procurement Policy, and placed a resolution (no. 33) on the agenda
to adopt it.----Discussed the memorandum from Supervisor Wickham and Southampton
Supervisor Thiele with regard to a feasibility study for municipal electric utility. They
propose that all towns with an interest in establishing a municipal electric utility
address them together, and believe the resulting product would be of better quality
and could be financed from a broader constituency. The memorandum is an invitation
to any other towns whic.h wish to be involved to associate in the effort.
2:35 P.M. Other items discussed: Proposal from the North Fork Animal Welfare
League for a new Animal Shelter was held, due to the short amount of time remaining
for the work session, to be discussed on September 20th.----Supervisor Wickham
advised that he wishes to reduce the number of Town Board members on the Police
Committee, and will appoint only Councilpeople Hussie, Townsend and Oliva during the
regular meeting (see no. 34).----Supervisor Wickham briefed the Board on the format
for the proposed League of Women Voters meeting to discuss Human Services. He will
gather data on the Town services and invite the program providers to meet with the
Board and discuss their services.----Supervisor Wickham advised that the East End
Supervisors have formed an East End E911 consortium, and Southold Town will manage
the accounting.----Lastly, the Board reappointed certain members to the Tree Committee
(resolution no. 35), and authorized the Town Clerk to advertise for resumes for three
replacement members (resolution no. 36).
3:00 P.M. The Town Board reviewed the resolutions to be voted on at the 4:30 P.M.
Regular Meeting.
3:15 P.M. - On motion of Councilwoman Hussie, seconded by Councilwoman Oliva~ it
was Resolved that the Town Board enter into Executive Session. Vote of the Board:
Ayes: Supervisor Wickham, Councilman Lizewski, Councilwoman Hussie, Councilman
Townsend, Councilwoman OliYa, Justice Evans. Also present: Town Clerk Terry,
Town Attorney Dowd.----The Board discussed litigation, possible purchase of property,
and met .with Special Counsel Frank Isler, and Tom Twomey to discuss the
Southold/DEC settlement of the litigation on the Long Island Landfill Law.
4:28 P.M. - Work Session adjourned.
50¸
REGULAR MEETING
A Regular Meetin~l of the Southold Town Board was held on September
6, 1994, at the Southold Town Hall, Main Road, Southold, New York.
Supervisor Wickham opened the meeting at 4:30 P.M. with the Pledge of
Allegiance to the Flag.
Present: Supervisor Thomas H. Wickham
Councilman Joseph J. Lizewski
'Councilwoman Alice J. Hussie
Councilman Joseph L. Townsend, Jr.
Councilwoman Ruth D. Oliva
Justice Louisa P. Evans
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
SUPERVISOR WICKHAM: I declare the Southold Town Board's regularly
scheduled open. I'm pleased to see some old friends, and it's a pleasure to
get started.
Moved by Councilwoman Hussie, seconded by Councilman Lizewski, it was
RESOLVED 'that the following bills be and hereby ordered paid: General
Fund Whole Town bills .in the amount of $38,995.30; General Fund Part~ Town
bills in the amount of $14,151.29; Adult Day Care bills in the amount of
$331.59; SNAP Program bills in the amount of $65.00; Highway Fund Whole
Town bills in the amount of $4,645.36; Highway Fund Part Town bills in the
amount of $4,278.28; Open Space Capital Fund bills in the amount of
$3,300.00; Lighting/Heating Capital A/C bills in the amount of $6,834.09
cr.; Sweeper & Payloader Capital bills in the amount of $97,200.00;
Employee Health Benefit Plan bills in the amount of $22,052.12; Fishers
Island Ferry District bills in the amount of $78,805.65; Refuse & Garbage
District bills in the amount of $1,781.48; Southold Wastewater District
bills in the amount $70.00; Fishers Island Sewer District bills in the
amount of $635.00; Southold Agency & Trust bills in the amount of
$2,311.00; Fishers Island Ferry District Agency & Trust bills in the amount
of $911.80.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
Moved by Councilwoman Hussle, seconded by Councilwoman Oliva, it was
RESOLVED that the minutes of the August 23, 1994, Town Board meetin.q
be and hereby approved.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussle, Councilman Lizewski,
Supervis0r, Wickham.
This resolution was duly ADOPTED.
Moved by Councilwoman Oliva, seconded by Councilwoman Oliva, it was
RESOLVED that the next meetinc~ of the Southold Town Board will be at
7:30 P.M., Tuesday, September 20. 1994, at the Southold Town Hall,
Southold, New York.
Vote of the Town Board: Ayes: Justice' Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman.' Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: I think you all have copies of the agenda. I hope
you do. You will notice that there is a series of of reports followed by
some communications, and then there is a series of items for discussion.
The back page. is a page of the Order of Business in which the For
Discussion items was taken up, and' Imd like to summarize very briefly, as is
our practice now, some of the items that were discussed this morning, and
this afternoon, during our Work Session, because they were in some sense
the most interesting parts of our deliberations today. At 9:00 o'clock we
had an appointment with Mr. Siegmann, who proposed that the Town
increase the limit for senior citizens on which property tax reductions
could be achieved. At the moment tax reductions, or exceptions, stop at
income of about $16,800.00 a year, and the proposal is to increase that
exception limit to $21,300.00 in accordance with New York State Law. The
Town fs going to look into that, and see what other school districts, and
other taxing districts in the town are doing, and discuss it again two weeks
from today. At 9:45 there was a discussion about the Transfers of
Development Rights, and how the Town should approach the issue of TDRs
as recommended by the Stewardship Task Force to us. Transfers of
Development Rights, as you may know, is an opportunity by which
development credits can be transferred from farmland, leaving that land
stripped of it's development potential, and can be purchased by people who
own property in areas where growth and development is being proposed, or
promoted. The receiving areas, or those areas where it would promoted,
would largely in and around the existing hamlet centers of the town. The
Stewardship Task Force Committee on TDRs gave us the benefit of their
views, and their experience, how they think the Town should proceed. We
heard a discussion from our summer intern, Bill Coster, at the Cutchogue
Landfill, who outlined to us how he spent his work as an intern for the
Town this summer. It was a very interesting description of a proposal to
deal with the waste potatoes, or the culls, or pick out potatoes, that come
out of the potato industry here on the North Fork. Those culls usually
wind up at our Landfill. In the old days that was no significant problemf
because we could just landfill them. Now, we have to get rid of them at the
contracted cost of sixty some dollars a ton. That's a significant cost.
Our intern-has come up with a proposal by which they would be composted
together with other yard waste, and could then be safely reapplied to the
ground, saving the Town some $35,000.00. We had a discussion about the
Fishers Island Metal Dump, and how we will proceed in awarding the bids
for renovating through reclamation the waste that is in that Metal Dump.
The former Board committed the Town to cleaning up that Metal Dump, to
closing it in some satisfactory way. This Board is exploring the different
ways to do that, as cost effectively as possible. The remaining items, that
were taken up in the Planning and Zoning, I believe almost all of them are
on for resolutions tonight, so I don't think I real y need' to discuss them
at this time. At 1:30 we had a discussion about the proposed Ethics Code,
and Alice Hussie has prepared for us, ~ guess, a some= What simplified
format for disclosure purposes, which we'll be reviewing in the next couple
of weeks, and discussing the next time we meet. ProcUrement procedUres is
on for resolution. Proposed utility feasibility study, you may know that
Alice has been a strong proponent of a municipal electric =utility for the
Town of Southold, that would generate electricity here, and '.help the
residents of the town escape the high costs of~ electricity charged by the
Long Island Li.g. hting Company. Ina previous Board meeting a proposal for
doing a feasibil,ty study for the Town, that would help the Town figure out
how to proceed. They submitted their proposals to us, and subsequent to
that, Alice and I .attended a meeting of the East~End Supervisors and Mayors
A soc,atlon, m' wh,ch all the municipalities on Eastern Long Island, the
five East End towns, were acquainted with what is involved in such a study,
how to undertake it jointly, and how to finance that study jointly ~n as
much as the key issues are really joint issues,~ that all the towns would
face, not just any one town, so we now have that proposal, and Southold
together with the other four East End towns will be Iool(ing at that
collectively. Finally, I would just mention that also at that same meeting,
there was quite. ,a bit of discussion, and a resolution of the East End Mayors
and Supervisors Association to undertake jointly an enhanced 911 Emergency
telephone service. This Emergency E911 Service .would treat the five East
End towns, and'the eight incorporated villages in those towns, b'asically as
a consortium of towns, such that we, the towns, could undertake an E911
service. We could ask~ the NYNEX Corporation to, please, design for us a
good E911 system to serve all of our municipalities. At the current time
only Southold Town has Enhanced 911. NYNEX would be asked to design
that system for. South01d, for Rive~head, for all of the South Fork, =~in an
optimum manner suitable for those towns. The Town of Southold wouJd act
as a secretai-iat for it~ would receive the funds from NYNEX, which NYNEX
could collect t~h:roUgh ~ surcharge on subscribers, remit to the consort um,
and then the consortium in turn would turn them over to those :towns
ncu.rrmg iCOStS. L~ke,~=i~for example, if Riverhead has it's own dispatching
serv,ce, ~and Charges~, we could help finance it in that mann. er. T~he~e are
othe~ things that ~ve talked about today, but I'm not sure if I should take
anymore time. It was a very fruitful and productive Work Session. It's
rather too bad that some of the flavor and interes't, and'~s0rt of giwe and
take of dlscuss~ons, that we had in the Work Session isn't reflected more
fully, during our formal meetings, which began today ~iust after ~4:30.:
52
SEPTEMB_.ER. 6, ~,994
I. REPORTS.
1. Southold Town Community Development Monthly Report for July, 1994.
2. Southold Town Scavenger Waste Treatment Facility Monthly Report of
August, 1994.
3. Southold Town Building Inspector Monthly Report for August, 1994
4. Southold Town's Program for the Disabled August, 1994, events.
5. Southold Town Clerk's Monthly Report for August, 1994.
6. Southold Town Justice Tedeshi's Monthly Court Report for August,
1994.
II. PUBLIC NOTICES.
1. Corp of Army Engineers, New York District, application of
Wunneweta Pond Association to dredge material with ten years maintenance
from Wunneweta Pond, Little Peconic Bay at Cutchogue, New York with
upland disposal. Comments to be received by September 19, 1994.
2. Corps of Army 'Engineers, New York District, application of Walter
Green to construct a pier with a ramp leading to a float secured to four
pilings. Project located in Jockey Creek, Southold, New York. Comments to
be received by September 20, 1994.
3. Corps of Army Engineers, New York District, application of
Nunnukoma Waters Association, inc. to reconfigure an existing basin with
private recreational pier assemblies to a main float accessed by a fixed
walkway and a walk ramp.
III. COMMUNICATIONS. None.
IV. PUBLIC HEARINGS.
1. 5:00 P.M., on a proposed "Local Law in Designation of Parking
Areas on Gagens Landing Road and Little Neck Road."
2. 5:05 P.M., on a proposed "Local Law in Relation to Scallops".
V. RESOLUTIONS.
SUPERVISOR WICKHAM: We turn now to the various resolutions, that the
Board will be considering this afternoon. You have an agenda in front of
you about what those resolutions entail, and everyone in the audience is
accorded an opportunity at this time to address the Board on any matter
that we-will be taking up in our resolutions today. So, is there any out
there who'd like to give the Board the benefits of your views? Yes, sir?
PAUL SPARZA: I'm Paul Sparza from Mattituck. Just a point of
curiosity, resolution number eighteen, authorize Supervisor Wickham to
execute application for participation in the Local Government
Telecommunications Initiative Project? What is that?
SUPERVISOR WICKHAM: Louisa, would you like to?
JUSTICE EVANS: No, actually Judy the one that can best describe it.
TOWN CLERK TERRY: We're adding these so quickly now. This an
application to the State of New York to the Local Government Records
Advisory Council, Pau~l, which would..it's a grant application, which would
enable us to tie into E Mail Internet, and explore possibilities of
electronically reporting to State agency through our computer system here at
Town Hall.
PAUL SPARZA:. Riverhead I know is proposing, Riverhead Library, is also
proposing a PBS type service there.
TOWN CLERK TERRY: This just follows along with all of the grant
applications, that my office t~as made over the last four years, and we have
realized over $50,000.00 in grants, which has enabled us to inprove our
vault, and really enhance our Records Management Program, including
paying the salaries of two part-time people for that long. So, we hope we
are successful again.
SUPERVISOR WICHAM: Yes, sir?
RAY :EDWARDS: Ray Edwards, Fishers Island. I'd like a little clarification
on this number 12, the lead agency coordination on the Metal Dump. Where
do we go on the Metal Dump from here now?
SEPTEMBER 6, 1994
53
SUPERVISOR WICKHAM:
Island representative.
I'll turn this over to Louisa Evans, our Fishers
JUSTICE EVANS: We're starting the pi-ocess, so hopefully we're going to
excavate it. Today we also worked on how we were going to put the bid out
for excavation. But, this is just one step in the process. We have to send
it out, I guess to Suffolk..
SUPERVISOR WICKHAM: I think the question is, what are we doing?
JUSTICE EVANS: This is just the Environmental Assessment.
SUPERVISOR WICKHAM: What are we doing with the dump?
JusTICE EVANS: We're planning to excavate it, if the bid should come in
within the cost'framework that we feel the Town can bond to.
RAY EDWARDS: Has the engineering study been completed?
JUSTICE EVANS: Yes.
RAY EDWARDS: When are you going out to bid?
JUSTICE EVANS: As soon as we get the bid put together. Today we
discussed exactly how we're going to put the bid out, how we were
weighting different tonnages of different material, that might be found in
that dump.
SUPERVISOR WICKHAM: This resolution, Ray, is also a prerequisite before.
we can go to bid. It's to establish this lead coordination. Are there any
more questions from the audience?
DIANE SMITH: My name if Diane Smith, and I'd like to speak on the Bed
and Breakfast issue, and I also have some petitions here. The residents of
the Town of Southold rely on their residential zon'ng to protect them from
any commercial ventures invading that zoning. To propose Bed and
Breakfast in residential zoned neighborhoods is saying to the residents, who
trust in that zoning, surprise, we are putting B&B commercial enterprises in
your residential neighborhood, complete with reduced property values,
transients in your once familiar faces neighborhood, more cars, more noise,
strangers coming and going, and to who's benefit? Certainly not the
homeowners of the Town of Southold, who have expressed their opposition
and outrage many times at Town meetings, and in the newspapers, and it
seems to no apparent avail. The residents of Southold trust the Town
Board to protect us. Many of the homeowners associations are working to
link those homeowners associations together with each other. Why do these
associations feel this is necessary to have a larger number of voices
available to speak out? Is this because they feel they are not being
listened to? We had a friend in Elmont, who has since passed away, and
every other house on his street, he was trying to raise children, was rented
out. They rented out the attic, the basement, the rooms, and it was an
awful situation. If you let this proposed B&B Law go in you may wind up
with a nightmare on your hands, and then try to rescind it. We do not
want to wait until the dead of winter, also to resolve this issue on this
Bed and Breakfast. We' would llke to get it resolved as quickly as possible,
because the summer residents have gone back to the city, but many of them
plan to retire here in Southold, so this is very important to them. The
full-time resident, some of them are elderly, and already retired, and go to
a warmer climate for the winter, and you have heard their protests, and
their outrage, and it would not be fair to waive on this issue, when they
may not be here to attend a public hearing. Also, I just wanted to
reiterate that to require a neighbor, it would be pitting neighbor against
neighbor, and also, I would like to ask, what is the definition of neighbor?
Is it just one person away? Is it two houses, or three houses? Because
everyone would be effected ten houses away, would be affected twenty, if
it's on the same street, and they should have a right. Also, Pat Moore had
read the petition, so I won't read the petition, however, we have six
homeowners' associations here, and we have one hundred and five with
another fifty signatures coming, and that does not include Nassau Point.
SUPERVISOR WICKHAM: Laury, would you like to respond to the technical
definition of neighbors?
4 SEPTEMBER 6, 1994
TOWN ATTORNEY DOWD: The definition is adjacent property owners,
somebody that their property touches the bed and breakfast property.
DIANE SMITH: It has to touch it~.
TOWN ATTORNEY DOWD: It has to touch.
SUPERVISOR WICKHAM: Is there anyone else who would like to address the
Board on the resolutions~ that are before us today?
DOROTHY NINTZEL: On the bed and breakfast, yes. My name is Dorothy
Nintzel. I don~t really understand all this, these people who are against
bed and breakfast, if their travels have crossed anywhere else, and has
gone to places like Nova Scotia, and other states, and places, and go to bed
and breakfast, you realize they don't create all this horrible scenes that
they're talking about. I mean, the people who go to bed and breakfast are
the quiet kind of people, who go to learn about an area, to be in a house
with people who live in the area to find out more about it. Transients
they're called. They're tourists. They're not transients. Tourists are
transients people who travel around to go to visit places. I just don't
understand all of this. If you want to have a tourist area, I think the
best way to have it is a bed and breakfast. Noisy people go to motels and
hotels. They don't go to bed and breakfast. They are quiet people, who
are interested in the area, and I just feel llke I can't understand this. It
is also a way for some people who are trying to stay here, and have large
houses to rent out a few rooms for bed and breakfast, and it helps them
keep their houses, so they don't have to leave here. Certainly there are
regulations about them. When you go to Nova Scotia, and places like that,
they have a lot of regulations up there to control it. You can only have so
many rooms, and you have to have so many bathrooms, and all. If those
rules are put into effect, I don't see why people are so worried. If one or
two cars come, that's quiet people who want to learn about the area. Why is
that such a horrible thing? I just am in favor of it, and I am also a member
of the NFEC, and they are in favor of it.
SUPERVISOR WICKHAM: Thank you. Is there anyone else?
BILL GARDINER: My name is Bill Gardiner. I live on Nassau Point,
and I guess some of the bed and breakfast are quiet. I've traveled around a
bit, too, and most of the bed and breakfast live stayed in have been
adjacent to commercial zones, or in commercial zones. In your favorite
paper, the Suffolk Times, they had a comment on that. I wrote to you a
letter, but I'll mention that later. I was informed about 2:30 P.M. today,
that you were going to make an announcement about a public hearing on
B&Bs at this meeting. I wanted to hear what you're proposing, and the
time and date of the hearing. Has this been decided? That's a question,
has this been decided?
SUPERVISOR WICKHAM: Today there is no public hearing.
BILL GARDINER: I know there isn't, but has it been decided there's
going to be one, and when it is?
SUPERVISOR WICKHAM: That is not on the' agenda for tonight, also. That
is not part of o. ur resolution for tonight.
BILL GARDINER: So, it's not going to be decided tonight?
TOWN CLERK TERRY: That is correct.
SUPERVISOR WICKHAM: Maybe it would be helpful at this stage to outline
what we do plan to do today. We have a resolution before us that the
Board will take up in due course, not the first one, but as it goes on.
After several whereas, it is resolved that the Town Clerk be and she hereby
is authorized and directed to transmit a proposed Local Law on Bed and
Breakfast to the Southold Town Planning Board, and the Suffolk County
Department of Planning all in accordance with the Southold Town Code and
Suffolk County Charter for their remarks, recommendations and report.
That's all we're doing today. That's all we have on the agenda today to do.
BILL GARDINER: Does that go to the Zoning Board of Appeals?
SUPERVISOR WICKHAM: The. Town Code calls for this going to the Suffolk
County Planning Commission, and the Southold Town Planning Board.
SEPTEMBER 6, 1994
55
BILL GARDINER:
AppealS.
In other words it's not going to the Zoning Board of
SUPERVISOR WICKHAM: It's not going to them in this form, but they have
participated actively in the meetings of the Legislative Committee in which
this has been discussed.
BILL GARDINER: I'm sure their views will be taken into consideration.
SUPERVISOR WICKHAM: . I think by and large they have been.
BILL GARDINER: Okay, I have written many letters to the Board
opposing the proposal, and. I believe I have presented some important facts
and questions to the Board, but I have no indication that the points I have
made have even been received, or considered. Secondly, ! was going to ask
'you I'd like to know how the vote went on the Board, but obviously you
haven't had a vote, and has there been an opinion issued by the Town
Attorney on the legality of this change?
SUPERVISOR WICKHAM: Would the Town Attorney like to comment?
TOWN ATTORNEY DOWD: I drafted the law, as per the recommendations of
the Code Committee, and Town Board, and. I feel that it is legally
appropriate.
BILL GARDINER: You've already drafted the law?
TOWN ATTORNEY DOWD: Yes.
BILL GARDINER: Have we seen that yet?
TOWN ATTORNEY DOWD: Sure, it available for public review. If you'd like
a copy I'd be glad to send it to you.
BILL GARDINER: It hasn't been issued yet, has it? It hasn't been made
public yet, has it?
SUPERVISOR WICKHAM: It has been made public in previous meetings
largely in the form that it's in today. There have been some very minor
changes, a few minor changes. We'd be glad to provide you with a copy of
it.
BILL GARDINER: You feel it's legal?
TOWN ATTORNEY DOWD: Yes.
BILL GARDINER: No question. We'll see. I hope that the Board who has
been researching this subject for a long time gives equal time to the
opponents on B&Bs to gather their forces, and' advisors, before a public
heating'is called. Now, that's very important. Don't drop this on in two
or three weeks. Give us time, because there's a lot going on, believe me.
This morning, a little personnel issue, I understand that the session this
morning a good friend of mine, Diane Smith, was ignored when she wanted
to say something. There maybe a legal background for that, but I think
it's a polite thing-to do, to say something about the legal background. You
could have explained it. I think your should have. I don't think much of
that action.
SUPERVISOR WICKHAM: I didn't see Diane smith here this morning. If she
had raised her hand, or express interest, I would certainly have tried to
acknowledge her. Sorry I just didn't see. Joe?
COUNCILMAN TOWNSEND: You're aware, of course, that there is Bed
and Breakfast provisions in the law now? Be that as it may, there is an
· existing law on the books, and among other things hopefully the proposed
legislation will improve on that, provide better governments or regulations
of bed and breakfast. So, I think there are some actual restrictions in
this that weren't in the prior law. Do you have bed and breakfast
specifically, that would create a problem that you're aware of in the town
in residential areas?
BILL GARDINER: Sure, I · have, but I'm not concerned about the
regulations you're going to make. What I'm concerned about is putting them
in residential areas. You make all sorts of regulations, and you know it,
6 SEPTEMBER 6, 1994
but they're not enforced on this subject, and on many sUbjects, so when
you say they're going to be this and that, they're never enforced.
SUPERVISOR WICKHAM: Mr. Gardiner, let's not get into a back and forth
debate at this stage. I would only say, that this Board will be much more
concerned about enforcement. We have many people and we'll be giving
them much stronger, direction than they have in the past on this matter as
well as others. Are there other people in the audience, who would like to
make a comment?
BILL GARDINER: I'd like to make one more point. Ruth Oliva said
before that do you know..asked me the last meeting, there are bed and
breakfasts on Nassau Point? I said, yes I know, and we don't like it.
Now, if you knew it, and they were illegal, why didn't you follow up on it?
COUNCILWOMAN OLIVA: Because we don't know were they are.
BILL GARDINER: You don't know where they are, how do you know they
are there?
SUPERVISOR WICKHAM: We face a very similar situation with respect to the
Sign Ordinance. There are currently a number of signs in this Town, that
are not legal, but we're in the throes, and in the middle of a major
overhaul of the Sign Ordinance. It really wouldn't pay to try to enforce
the letter of the Law on the old ordinance, 'when we're in the process of
reformulating it. Similarly with B&B, as long as we're in the middle of this
process it really doesn't make sense to go after the existing ones.
BILL GARDINER: I suspect you knew the B&Bs were there before you
got into this process.
SUPERVISOR WICKHAM: There are a lot of things we know. We're trying
to deal with them systematically. Are there other people in the audience,
who would like to address the Board on any matter that is on our schedule
for resolution?
JIM DINIZIO: Jim Dinizio, Sound Road, Greenport. I just want to
address the bed and breakfast, also. I guess the resolution are basically
for an Environmental Impact Statement. Who filled it out, Town Board?
TOWN CLERK TERRY:
Board.
The Town Attorney, and reviewed by the Town
JIM DINiZIO: And you found that they'll have not adverse effect on the
environment, that includes economic environment also. Then the second one
is, you're just going to give the law that the Town Clerk has on file to the
Planning Board of the Town, and the Planning Board of Suffolk County?
They're 9olng to review it? We're beyond where we went to like six months
of discussing signs with the Code Committee, but we're beyond that.
COUNCILMAN TOWNSEND: There were some minor changes made after we
received your letter. You sent the Board a letter. We considered that, and
made some changes.
JIM DINIZIO: Right. You know, even some minor changes I have a lot of
misgivings about, but I guess at the public meeting we' can discuss that,
but I have some misgivings (tape change) and give my two cents. We may
agree or disagree, but that's what it's all about, but on this bed and
breakfast thing I think we didn't discuss it as much as much as that. Now,
there's one other comments I want to-make, and then we can go. We
discussed restaurants, hamburgers, McDonald's, national chains for two
years. The simple fact is that the restaurant, or that particular store,
sells hamburgers, and does it nationally, and we put them through the
wringer, and basically limited them simply because they sell hamburgers and
french fries, not because they wanted to be in residential areas. They want
to be in any business area, yet this enterprise, and this enterprise before
making money, my intention is, if all goes through, come down, and be the
first one in line to get my permit, and fifty bucks a year what the beck,
but ! don't understand why it wasn't more open, or ~t wasn't encouraged,
~nv|te the people in, let them discuss it, instead of doing it at a public
meeting. I know we discussed it a couple of times, but I think it's got to
go back to the Code Committee, and that's where we should be discussing
this.
SUPERVISOR WICKHAM: I appreciate your comments. You have been a
particularly useful participant in this process, and with both your own
views, and those of the Zoning Board. Ruth, just for the record, what was
the process, and how many meeting did we have, and which committees, and
so on, did we have.
COUNCILWOMAN OLIVA; I think we had quite a few meetings, Jimmy.
Maybe you weren't at them all, but we had just a general informational
meeting, where a lot of people from the B&Bs showed up, and some other
people, and I could check that from my list of agendas, but I bet it was on
the agenda at least six other times. So, I think it was publicized. I think
there was every opportunity for people to speak their minds, and I don't
feel that we neglected it in Code Committee at all.
SUPERVISOR WlCKHAM: Are there other comments from the audience? (No
response.) We're ready for public hearings the Town Clerk advises me,
because they're scheduled at 5;00 o'clock, two public hearings.
Moved by Councilwoman Hussie, seconded by Supervisor Wickham, it was
RESOLVED that a recess be called at this time, 5:12 P.M., for the
purpose of holding a public hearing.
Vote of the Town Board: Ayes; Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
MEETING RECONVENED AT 5:20 P.M.
SUPERVISOR WICKHAM: We can begin the consideration of our resolutions,
that are schedule for today.
1.- Vote
Councilman Townsend, Councilwoman
Supervisor Wickham.
This resolution was duly ADOPTED.
1.- Moved by Councilwoman Hussie, seconded by Councilman Townsend, it
was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the Town Clerk to advertise for bids for the following items for 1995:
Milk for the Nutrition Center
Food for the Nutrition Center
Police Department Uniform Clothing
Cleaning Uniforms of the Members of the Police Department
Gasoline for Town Vehicles
Heating Fuel Oil for Town Buildings
Diesel Fuel for Highway Department and Disposal Areas
Removal and Disposal of Household Hazardous Waste from Collection
Center
Removal of Scrap Tires from Disposal Area
Removal of Scrap Metal from Disposal Area
Town Yellow Bags
of the Town Board: Ayes; Justice Evans, Councilwoman Oliva,
Hussle, Councilman Lizewski,
2.- Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby amends
resolution no. 33, adopted June 28, 1994, creating the Southold Town Youth
Support Committee, by increasing the number of members from ten (10) to
fifteen (15).
2.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend. Councilwoman Hussie. Councilman Lizewski.
Supervisor Wickham.
This resolution was duly ADOPTED.
3.- Moved Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Connie D. Solomon and Lindsey Scoggin as members of the Southold
Town Youth Support Committee, effective September 6, 1994 through August
24, 1995; they to serve on said committee without compensation.
3.- Vote of the Town Board: Ayes.' Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl,
Supervisor Wlckham.
This resolution was duly ADOPTED.
SEPTEMBER 6, 1994
4.-Moved by Justice Evans, seconded by Councilwoman Olvia, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the Knights of Columbus, Marian Council No. 3852, Cutc!hogue,
N.Y. to use Depot Lane, from NYS Route 25 to Sacred Heart Cemetery,
for a procession on October 29, 1994, beginning at approximately 11:15
A.M., provided they file with the Town Clerk a One Million Dollar
Certificate of Liability Insurance naming the Town of Southold as an
additional insured.
4.- Vote . of the Town Board: Ayes: JUstice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussle, Councilman Lizewskl,
Supervisor Wickham.
This resolution was duly ADOPTED.
5.-Moved by Councilwoman Oliva, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 8:00
P.M., October 4, 1994, Southold Town Hall, Main Road, Southold, N.Y. as
time and place for a public hearing to obtain Citizen's Views on local needs
to be met with the 1995 Community Development Block Grant Funds.
5.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, ' Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution wa's duly ADOPTED.
6.-Moved by Supervisor Wickham, seconded by Councilwoman HUssie, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Annette Jordan as a part-time Account Clerk in the Accounting and Finance
Department, effective September 12, 1994, at a salary of $8.40 per hour.
6.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
7.- Moved by Councilman Lizewski, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the closure of Case's Lane, Cutchogue, between the Village Green and the
Library (with the road blocks to be placed so as not to block the entire
Library parking lot and continue south to the end of the Village Green to
allow access to all homes from the other end of Case's Lane) between 9:00
A.M. and 5:30 P.M., Saturday, October 1, 1994, as a safety precaution
during the annual Harvest Festival to held by the Mattituck Lioness Club on
the Village Green, Main Road, Cutchogue, N.Y., provided they file with the
Town Clerk a One Million Dollar Certificate of Insurance naming the Town of
Southold as an additional insured.
7.- Vote of the Town Boardi Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
8.- Moved by Justice Evans~ seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs the Town Clerk to advertise for resumes for one (1) member of
the Boa'rd of Assessment Review, for a five (5) year term, effective
September 30, 1994 through September 30, 1999.
8.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ollva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
9.- Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the Southold Town Police Department to sponsor an Emergency Medical
Dispatch Program, conducted by the PowerPhone training company, at
Southold, ori October 17 and 18, 1994, and the cost of the tuition shall be a
legal charge to the Public Safety Communications 1994 Budget.
9.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
Th~s resolution was duly ADOPTED.
10.-Moved by Supervisor Wickham, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
resignation of Renee Simchick, Day Care Aide, effective August 19, 1994.
I0.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Su pervisor Wickham.
11.-Moved by Councilwoman Hussle, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of So'uthold hereby authorizes
the purchase of a money order by Recreation Supervisor Reeves for tickets
to Splish-Splash in the amount of $252.25 (25 tickets 0 $9.95 ea. + $3.50
fee); check made payable to Fleet Bank; money order made payable to
Splish-Splash; charge to be made to A7320.4 Joint Youth, Contractual
Expenses.
11.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Su pervisor Wickham.
This resolution was duly ADOPTED.
12.- Moved by Councilman Lizewski, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby commences
the Lead Agency Coordination process with regard to the State
Environmental Quality Review Act in the matter of the Fishers Island Metal
Dump Remediation, which will involve the removal of all solid waste from the
Metal Dump site located at Mosquito Hallow Road, Fishers Island, Town of
Southold, New York.
12.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hbssie, Councilman Lizewskl,
Supervisor Wickham.
This resolution was duly ADOPTED.
13.- Moved by Justice Evans, seconded by Councilwoman Olvia, it was
RESOLVED that the Town Board of the .Town of Southold hereby appoints
Kim Deppoliti as a Lifeguard (1st year), at a salary of $7.42 per
hour, effective September 2, 1994 through the end of the summer season.
13.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewsk~,
Supervisor Wickham.
This resolution was duly ADOPTED.
14,--
Mary Van Deusen (line dancing) ..................... $30/hour
14.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman
Councilman Townsend, Councilwoman Hussie, Councilman
Supervisor Wlckham.
This resolution was duly ADOP-TED.
Moved by Councilman Townsend, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Thomas Wickham to execute agreements between the
Town of Southold and the following individuals or businesses for the Fal
199z~ Recreation 'Programs, all in accordance with the approval of the Town
Attorney:
Lisa Baglivi (watercolor) ............................ $20/hour
Thomas Boucher (guitar) ............................ $20/hour
Shirley Darling (tennis) ............................. $16/class
Shirley Darling (net games) ......................... $17/hour
East End Driving School (pre-licensing course) ...... $20/student
East End Insurance Services (defensive driving) ..... $35/person
Tom Fox (cartoon drawing) ........................... $22.50/class
Dan Gebbia (dog obedience) ......................... $45/dog
Frank Gillan (youth soccer) ......................... $15/hour
Daniel Gladstone (music) ............................ $30/class
Tammy Harned (women's soccer) .................... $20/class
Hidden Lake Farms (horseback) ...................... $175/person
Jim Holwell (chess) .................................. $16/hour
Island's End Golf Club (golf lessons) ................ $35/person
Eleonora Kopek (arts & crafts) ...................... $16/class
Mattituck Lanes (bowling) ........................... $2/game played
Martha Prince (step aerobics) ....................... $20/hour
Aileen Rosin' (aerobics) .............................. $20/hour
Steve Smith (weight training) ....................... $17/hour
Valentlne Stype (basketball) ......................... $15/hour
JoAnn Terkowskl (golf dancing) ..................... $16/hour
Oliva,
Lizewski,
0 SEPTEMBER 6, 1994
15.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
bid of Corazzini Asphalt, Inc., i'n the amount of $31,100.00, to furnish
and supply all labor and material for the reconstruction and restoration of
roads and. drainage systems at Shorecrest at Arshamomaque Subdivision,
all in accordance with the bid documents.
16.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
16.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs the Town Clerk to advertise for bids for the purchase of a new
payloader and new tractor truck for the Disposal Area, all in accordance
with the approval of the Town Attorney.
16.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
17.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts,
with regret, the resignation of Jennifer Shank, part-time Records
Management Clerk in the Town Clerk's Office, 'effective September 21, 199~.
17.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ollva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
18.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Thomas Wickham to execute a request for
Participation in the Local Government Telecommunications Initiative Project,
a program through the Local Records Management Improvement Fund to
provide selected local governments with capacity and resources to use
telecommunications technology to improve the management of their records, to
enhance access to those records, and to receive and transfer records-related
information.
18.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
19.-Moved by Councilman Lizewski, seconded by Supervisor Wickham, it was
RESOLVED that the applications of Louis M. Bacon for three (3) temporary
trailer permits be and hereby are granted for a six (6) month period, as
follows:
1. Jackson Street and First Street, New Suffolk, intended use and
occupancy: temporary office trailer for construction staff.
2. Robins Island, location per plot plan, intended use and occupancy:
temporary office space during restoration of existing structures.
3. Robins Island, location per plot plan, intended use and occupancy:
temporary office space during restoration of existing structures.
of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Hussie, Councilman Lizewski,
19. - Vote
Councilman Townsend, Councilwoman
Supervisor Wickham.
This resolution was duly ADOPTED.
20.-Moved by Councilman Townsend, seconded by Councilwoman Oliva,
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED SEPTEMBER 6, 199~, AUTHORIZING
THE CONSTRUCTION OF ROAD IMPROVEMENTS IN THE
TOWN, APPROPRIATING $50,000 THEREFOR, AND
AUTHORIZING THE ISSUANCE OF $50,000 SERIAL
BONDS OF SAID TOWN TO FINANCE SAID
APPROPRIATION.
Recitals
WHEREAS, following submission of a petition for the
improvement of the highways in the Town of Southold, Suffolk
County, New York (hereinafter referred to as the "Town"), known
as BayberrY Lane, Wild Cherry Way and Stony Shore Drive, in the
Town of Southold, and shown and designated on a certain map
entitled "Map of Shorecrest at Arshamomoque", surveyed by Van
Tuyl Land Surveyors, Greenport, New York, and filed in the Office
of the Clerk of the County of Suffolk on April 6, 1971, as Map
number 5584, and fited in the Office of the Southold Town Clerk,
using a permanent pavement on such portions of said highways as
shown on said Map, including the construction of such curbs,
gutters, catch basins and drainage facilities as may be necessary
and stating the maximum amount proposed to be expended therefor;
and
WHEREAS, such petition has been duly signed by the
owners of real estate fronting or abutting upon either side of
said highway to the extent of at least one-half of the entire
frontage or bounds on both sides of said highway; and such
petition was also duly signed by resident owners owning not less
than one-half of the frontage owned by resident owners residing
in or along such highway, and such petition was duly acknowledged
or proved by all the signers thereof in the same manner as a deed
to be recorded; and
WHEREAS, after a public hearing duly called and held,
the Town Board of the Town determined on August 23, 1994 that it
is in the public interest to constructsuch improvements
described in the petition, and directed that such highways be so
improved;
Now, therefore, be it
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN
THE COUNTY' OF SUFFOLK, NEW YORK, (by the favorable vote of not
less than two-thirds of all the members of said Town Board) AS
FOLLOWS:
2 SEPTEMBER 6, 1994
Section 1. The Town hereby authorizes the improvement
of Bayberry Lane, Wild Cherry Way and Stony Shore Drive, highways
in the Town, by the paving thereof using a permanent pavement and
the construction of such curbs, gutters, catch basins and
drainage facilities as may be necessary, all as more fully
referred to in the Recitals hereof. The estimated maximum cost
of said specific object or purpose, including preliminary costs
and costs incidental thereto and to the financing t~ereof, is
$50,000 and said amount is hereby appropriated therefor. The
plan of financing includes the isSuance of $50,000 serial bonds
of the Town to finance said appropriation, and the assessment,
levy and collection upon the several lots and parcels of land
within the Town which the Town Board shall determine and specify
to be especially benefited by said improvement, so much upon and
from each as shall be in just proportion to the amount of benefit
which the improvement shall confer upon the same, to pay the
principal of said bonds and the interest thereon as the same
shall become due and payable.
Section 2. Serial bonds of the Town in the Principal
amount of $50,000 are hereby authorized to be issued pursuant to
the provisions of the Local Finance Law, constituting Chapter 33-
a of the Consolidated Laws of the State of New York (herein
called "Law"), to finance said appropriation.
Section 3. The following additional matters are hereby
determined and declared:
(a) The period of probable usefulness of the specific
object or purpose for which said $50,000 serial bonds authorized
pursuant to this resolution are to be issued, within the
limitations of Section 11.00 a. 20 (c) of the Law, is fifteen
(15) years.
(b) 'The proceeds of the bonds herein authorized and any
bond anticipation notes issued in anticipation of said bonds may
be applied to reimburse the Town for expenditures made after the
effective date of this resolution for the purpose for which said
bonds are authorized. The foregoing statement of intent with
respect to reimbursement is made in conformity with Treasury
Regulation Section 1.150-2 of the United States Treasury
Department.
(c) The proposed maturity of the bonds authorized by
this resolution will exceed five (5) years.
Section 4. Each of the bonds authorized by this
resolution and any bond anticipation notes issued in anticipation
of the sale of said bonds shall contain the recital of validity
as prescribed by Section 52.00 of the Law and said bonds and any
notes issued in anticipation of said bonds shall be general
obligations of the Town, payable as to both principal and
interest by general tax upon all the taxable real property within
the Town without limitati6n of rate or amount. The faith and
credit of the Town are hereby irrevocably pledged to the punctual
payment of the principal of and interest on said bonds and any
no~es issued in anticipation of the sale of said bonds and
provision shall be made annually in the budget of the Town by
appropriation for (a) the amortization and redemption of the
bonds and any notes in anticipation thereof to mature in such
year and (b) the payment of interest to be due and payable in
such year.
Section 5. 'Subject to the provisions of this resolution
and of the Law and pursuant to the provisions of Section 30.00
relative to the authorization of the issuance of bond
anticipation notes and of Section 50.00 and Sections 56.00 to
60.00 of the Law, the powers and duties of the Town Board
relative to authorizing bond anticipation notes and prescribing
the terms, form and contents and as to the sale and issuance of
the bonds herein authorized and of any bond anticipation notes
issued in anticipation of said bonds, and the renewals of said
notes, are hereby delegated to the Supervisor, the chief fiscal
officer of the Town.
section 6. The validity of the bonds authorized by this
resolution and of any notes issued in anticipation of the sale of
said bonds, may be ~ontested only if:
4 SEPTEMBER 6, 19.94
(a) such obligations are authorized for an object or purpose for which
the Town is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of
the publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced
within twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of
the constitution.
Section 7. This bond resolution shall take effect immediately, and the
Town Clerk is hereby authorized and directed to publish the foregoing
resolution, in full, together with a Notice attached in substantially the
form prescribed by Section 81.00 of the Law in "THE LONG ISLAND
TRAVELER-WATCHMAN", a newspaper published in Southold, New York, and
in "THE SUFFOLK TIMES", a newspaper published in Mattituck, New York,
each of said newspapers having a general circulation in the Town and each
hereby designated the official newspaper of said Town for such publication.
20.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
21 .-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby makes the
following determination with regard to waiving Disposal Area Fees:
1.They will continue to review each request on a case by case
basis.
2. In reviewing each case, the following criteria shall apply:
a. Waivers shall be limited to those organizations not engaged
in fund-raising activities.
b. Meeting the test whereby granting the request would elicit
voluntary actions in support of Town objectives, and would
cost the Town more money than the value of the fees waived
if it did not happen.
Justice Evans, Councilwoman Oliva,
Lizewski, Supervisor Wickham. No:
21.-Vote of the Town Boa rd: Ayes:
Councilman Townsend, Councilman
Councilwoman Hussle.
This resolution was duly ADOPTED.
COUNCILWOMAN HUSSIE: It sounds good to a lot of public spirited people,
which is what this is talking about, or groups to clean up public areas, and
not pay for what's brought to the dump, however the Town is obliged to
pay for the removal of garbage. I don't like to precedent we're setting,
and I'm not secure that we are going to be able to keep this policy 'n
effect without having it abused, and therefore I vote, no.
SUPERVISOR WICKHAM: I'd like to take this opportunity to read the policy
just for clarification. The Board has difficulty in dealing with agencies,
and people who request waiver of the fees for bringing stuff into the
dump. As Alice has correctly said, we face a question of precedent, and we
also face a question of lose of revenue, where it does cost the Town quite a
bit to move that stuff out of the dump. Nether the less there seems to be
some applications to the Town, which makes sense, and some of us on the
Board at least would like to respond positive y to. So, we've been grappling
for some weeks now with language, and with some criteria that would
establish, would allow us under certain circumstances to allow certain
groups to bring materials to the dump at no cost, but would not open the
flood gates and establish a precedent that we'd have trouble with. Here is
the criteria, that we've established at present. That the Town Board will
not attempt to put in place a predetermined policy on waiving landfill
fees. Instead the Town Board will continue to review each request on a
case by case basis. Number three, in reviewing each case the following
criteria will be'applied. Number one, that any waiver would be limited only
to those organizations not engaged in a fund raising activities, and number
two, that the organization would have to meet a test, and the test is
whereby granting the request would elicit voluntary actions in support of
Town objectives, and which these objectives would cost the Town more
money than the value of the fees waived. Those are the criteria that are in
this policy, which the Board has just enacted.
22.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law, State Environmental Quality Review Act, and 6NYCRR Part 617.10,
and Chapter L~L~ of the Code of the Town of Southold, notice is hereby given
that the Southold Town Board, in conducting an uncoordinated review of
SEPTEMBER 6, 1994 6 5
this unlisted action, has determined that there will be no significant
effect on the environment.
DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Bed &
Breakfast Facilities", which amends Chapter 100 (Zoning) of the Code of the
Town of Southold, by describing "major" and "minor" bed and breakfast
facilities and identifying rules and regulations with regard to same. The
proposal has been determined not to have a significant effect on the
environment because an Environmental Assessment Form has been submitted
and reviewed and the Town Board has concluded that no significant adverse
effect to the environment is likely to occur should the proposal be
implemented as planned.
22.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilman Lizewski, Supervisor Wickham. No:
Councilwoman Huss'e.
This resolution was duly ADOPTED.
23.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva,
WHEREAS, there has been presented to the Town Board of the Town of
Southold a proposed Local law entitled, "A Local Law to Bed & Breakfast
Facilities"; now, therefore, be it
RESOLVED that the Town Clerk be and she hereby is authorized and
directed to transmit this proposed Local Law to the Southold Town Planning
Board and the Suffolk County Department of Planning, all in accordance with
the Southold Town Code and the Suffolk County Charter. This proposed
Local Law reads as follows:
A Local Law in Relation to Bed and Breakfast Facilities
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 100 (:Zoning) of the Code of the Town of Southold is hereby
amended as follows:
INTENT: The intent of this ordinance is to provide B&Bs as an important housim~
base for our tourist industry while maintianin9 the residential integrity of our
communities. This section provides clear criteria for B&B approval and establishe,,
a simplified permitting process.
1. Section 100-13 (Definitions) is hereby amended as follows:
BED-AND-BREAKFAST, MAJOR - The rentin9 of at. least three (3)
rooms but not more than five (5) rooms in an owner-occupied dwelling
for lodging ;.and serving of breakfast to not more than two (2) casual,
transient roomers per room, provided that the renting of such
rooms for such purpose is clearly incidental and subordinate to the
principal use'of the dwelling.
BED-AND-BREAKFAST, MINOR - The renting of less than three (3)
rooms in an owner-occupied dwelling for lodging and serving of
breakfast to not more than two (2)"casual transient roomers per-
room, provided that the renting of such rooms for such purpose is
clearly incidental and subordinate to the principal use of the dwelling.
Section 100-31ALLY)is hereby added to read as follows:
A minor bed-and-breakfast holdin9 a bed-and-breakfast permit '
issued-by the Building Inspector. Said permit shall be issued
for a term of one year and shall be renewed every year thereafter
if the fo lowln9 conditions are met:
.la) A smoke alarm shall be provided on each floor and in
every guest room;
,(b)
The dwellin9 shall have at least two (2) exits and t'here
shall be a window large enough for emergency egress in
each guest room;
(c)
The identification sign shall be no larqer than two (2)
square feet;
6 SEPTEMBER 6, 1994
No accessory apartment, as authorized by § 100-3lB(lO,)
hereof, shall be permitted in or on premises for which a
bed-and-breakfast facility is authorized or exists,
(e) Notice Requirement for Initial Permit Issuance:
The applicant shall mail notice of the proposed use to
all adjacent property owners thirty (30) days prior
to issuance of a permit and shall give the Building
Department proof of mailing such notice by certified
mai'l, return receipt requested.
If the Building Department receives a written
protest regarding permit issuance, the Buildinq
Department will refer the application to the Zoning
Board of Appeals, who shal evaluate the project in the
same manner as a major bed-and-breakfast and if
approved, shall authorize the Building Inspector to
issue a permit. If no protest is received within
thirty (30) days, a permit may be issued if
the specified conditions have been met.
3. Section 100-31B(15) is hereby amended to read as follows:
{a~=-~ua~e e~f-~-ee~- ps~'k4n~J- spsces- sh~+~ ~
Isr~r~rlde~-l:~r su~t'r ren'~ed-r.errrs- h~ ad~HEk~rr t~s
slss~s-F~r ~he us~-o6 ~he fan~ o~ ~he o~r~t~.-
{B-)--No- accesscr¥-apa~-~men~,, as au'~h~r~red ~
~*80-B~B-(-t4~-)~ h~-~f? sha+F be-permi~t~ed Prr er
~r~ises-f~r ~vh~¢~r-a Erm~a'rr~-breakfast: f~rcH~ ~
a u+.hoH-red or
(15) A major bed-and-breakfast shall be allowed if it obtains a
bed-and-breakfast permit subject to the conditions set forth
in §100-31A(4), and if it obtains a special exception approval
from the Zoning Board of Appeals. The use shall not require
site plan approval. In granting a special exception the ZBA
shall consider the following:
a. Adequate screening should be provided.
b. Health Department approval.
Whether the proposed bed-and-breakfast will be compatible'
with its surroundings and with the character of the
neighborhood and of the community in general, particularly
with regard to visibility, scale and overall appearance.
Adequate off-street parking spaces shall be provided for
such rented rooms in addition to parking spaces for the usC
Of the family of the owner.
Section 100~42A(3) is hereby added to read as follows:
(3) Minor bed-and-breakfast subiect to the requirements of
§100-31A(4).
5. Section 100-42B(3) is hereby amended to read as follows:
(3) Major bed-and-breakfast uses as set forth in and regulated by
§100-31B(15), without site plan approval.
6. Section 100-61B(5) is hereby amended to read as follows:
(5) Major bed-and-breakfast uses as set forth in and as regulated
by §100-31B(15), without site plan approval.
7. Section 100-71A(4) is hereby added to read as follows:
(4) Minor bed-and-breakfast uses subject to the requirements of
§100-31A(4).
8. Section 100-71B(4) is hereby amended to read as follows:
(4) Major bed-and-breakfast uses as set forth in and regulated by
§100-31B(15), except that no site plan approval is r~quired.
9. Section 100-91A(1) is hereby amended to read as follows:
(1) Any permitted use set forth in and regulated by §100-31A(1),
(3) and (4) of the Agricultural-Conservation District.
10. Section 100-91B(5) is hereby amended to read as follows~
(5) Ma~or bed-and-breakfast enterprises or boarding and/or tourist
homes as se~ forth and regulated by [100-61B(5) of the Resort
Residential (RR)District, except that no si~e plan approval is
required.
11. Section 100-101A(1)is hereby amended to read as follows:
Any permitted use set forth in and regulated by ~100-3~A(~),
(3) and (~) of the Agricultural-Conservation District.
12. SectiOn 100-101B(3) is hereby amended to read as follows:
Major bed-and-breakfast enterprises or boarding and/o[.tourist homes
as set forth in and regulated by ~100-31B(15) of the
Agricultural-Conservation District, except that no site plan approval
is required.
13. Section 100-131B(13) is hereby deleted in its entirety.
Section 100-131B(1~) is hereby renumbered 100-131B(13).
15. Section 100-1~IB(2) is hereby deleted in its entirety.
Sect[o~ ~O0-~9~A ~s ~e~eby a~e~ded to ~ead as
Type of Use
Bed-and-breakfast enterprise
Maior or Minor
Required Number of
Parking Spaces
1 space per guest room in add-
ition to residential requirements
18. Section 100-274E is hereby amended to read as follows:
E. For applications ¢or variances from Town Law §280-a
(right-of-way),and for applications for a special exception for
a bed and breakfast, the fee shall be
'($~58=)three hundred dollars ($300.)
19. Section 100-281J(1)(i) is hereby added to read as follows:
([) Bed and breakfast permit and inspection: one hundred
dollars ($100.) for the initial annual permit and fifty
· dollars ($50.) per annual renewal.
II. This Eocal Law shall take effect upon its filing with the Secretary of
State.
· Overstrike represents deletions.
· * Underscore represents additions.
23.-Vote of the Town Board: Ayes:
Councilman Townsend, Councilman
Councilman Hussie.
This resolution was duly ADOPTED.
Justice Evans, Councilwoman Oliva,
Lizewski, Supervisor Wickham. No:
COUNCILWOMAN HUSSIE: I voted, no, on the other one, because I want to
stop this whole thing. However, I want it understood that I am not against
B&B establishments as such. To date we have six legal B&Bs operating in
Southold, only six, and the legislation for their permitting has been on the
books since 1987. If there's such a demand wouldn't we have had more
requests to establish B&Bs? I do object to-B&Bs in residential zones. I
made this protest at the July 26th Board meeting, and again, I argued the
owners of residential property are being stripped of the rights they
purchased, when buying in a residential zone. The Town Board has allowed
home occupations to operate in residential zones, and now, it's preparing to
allow another obvious business use in that zone. You heard the Supervisor
mention a little while ago, that TDRs are being considered and how to
operate with them, and the possibility exists that TDRs might also impact
on residential zones. This relaxation of the Code is supposed to allow more
tourist accommodations, in town, because of an implication of need, and i
have not seen that need demonstrated.
24.-Moved by Councilwoman Ollva, seconded by Justice Evans, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law, State Environmental Quality Review Act, and 6NYCRR Part 617.10,
and Chapter lttt of the Code of the Town of Southold, notice is hereby given
that the Southold Town Board, in conducting an uncoordinated review of
this unlisted action, has determined that there will be no significant
effect on the environment.
DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Signs"
which is intended to organize and simplify the existing sign code to limit
sign lighting and size, and to permit roof signs, directional signs,
contractor signs and subdivision signs. The proposal has been determined
not to have a significant effect on the environment because an Environmental
Assessment Form has been submitted and reviewed and the Town Board has
concluded that no significant adverse effect to the environment is likely to
occur should the proposal be implemented as planned.
24.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
25.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, a proposed Local Law entitled, "A Local Law in Relation to Signs";
now, therefore, be it
RESOLVED that the Town Clerk be and she hereby is authorized and
directed to transmit this proposed Local Law to the Southold Town Planning
Board and the Suffolk County Department of Planning, all in accordance with
the Southold Town Code and the Suffolk County Charter. This proposed
Local Law reads as follows:
A Local Law in Relation to Signs
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of $outhold is hereby
amended' as follows:
II~IT£1~IT This ordinance is intended to organize and simplify the
existing sign code to limit sign lighting and size, and to permit
roof signs, directional signs, contractor signs and subdivision signs.
This ordinance is adopted pursuant to the Town's police power.
1. Section 100-13 (Definitions) is hereby amended by adding thereto the
following:
OFF--PREMISE SIGN - Any sign that identifies, advertises or calls
attention to a business or activity taking place on property other
~han the premises on which the sign is located.
2. Section 100-13 (Definitions) is hereby amended to read as follows:
SIGN AREA - Includes all faces of a sign, measured as follows:
(1) When such sign is on a plate or framed or outlined, all of the
area of such plate or the area enclosed by such frame or out-
line shall be included.
(2) When such Sign cbnsists only of letters, designs or figures
engraved, painted, projected or in any manner affixed on a
wall, the total area of such sign shall be deemed the area--
within which all of the matter of which sucb sign consists may
· ' that encompasses all the letter and symbols of
the siqn, together with the area of. any background of a color
or material different from the general finish of the building,
whether painted or applied. - ~
Section 100-31A(2)(a)(2) is hereby deleted in its entirety.
(2) A!! sign~ shall conform te the previsicn~ of SectiOn !90
4. Section 100-31C(2)(h) is hereby deleted in its entirety.
t~ For sigr. s, ~ ~.'~ ~n~_~ ~,~ ~o~
5. Sections 100-31C(2)(i) and (j) are hereby re-lettered (h) and (i) .
6. Section 100-31C(9) is hereby deleted in its entirety.
~o~ ~ fe!!Cwing u' ~ 'subject *~ *~ ...... ~ .... * ..... ~ rcgula
Mot more thzn two (2} noni!!uninated nemep!ztes centainin~
only names er professions! signs ~*~ cn!~ ..... and
prcfc__icna! designation as defined ,,~ ,,~ ...... ~
~ ~" °~ ~^* ~ ' ~ chapter; name
.... ? ................... an th__ ^=~h
~qu~rc feet in ~roa~
~* .... ~" ~*Y~g~ (dB) square foot, ~ cnc of
................... = ............. ~ _e__ ~-., c= .... foot in
size, ~dver~ only ~ ~=~ ~ f~rm, g~rden ~ nursery
products grown en thc ....
fwmem3~s~ =- ..... or of animals raised on tho
.~-ct larger ~h~ tv:clvo ~o~ ~ ..... ~+ in ~ ~
-(!) or more lots, ad .... *~ ~ ~=~ ~ ~"~ ~ o..!y
~ promicec ~- whic~ ........ = .................
....... it iu mmintaincd gn~ set b~ck not
less thmn fifteen (!5} feet from mny let line. Where
acrcnge er a subdivision ha= a continuous frontage of five
hundred ~=nn~ foot ..... e snid sign -%=~ not cxcccd
+,.,~y-~,,~ ~o~ zqumrc foot in ~-~
,-, J .... ,-, bulletin b~ard or ether announcement er identifi~
., cation sign for ......... ~ +
.... = ...... t_od in Section !QQ-21B(3), (4),
~-'' ~-'' ~7' .... ~-, ........ = ...... u_= .... utrlct, not
'{'222 fJik' ~' =~ - ..................... d not
..... /..eon ~!5~ fc~+ ~ .... ~,
, ........... a ..... t or lot l~no.
~-' ...... - ............ exccp
Section 10013lC(10) is hereby renumbered 100-31C{9).
Section 100L42(C)(1) is hereby amended to read as follows:
(!) ACcessory uses as set forth in and regulated by Section 100-
31C(1) through (7) and. (!O) (9) of the Agreicultural-Conserva-
tion District, and subject to conditions set forth in Section
100-33 thereof.
0 SEPTEMBER 6, 1994
9. Section 100-42(C)(2) is hereby deleted in its entirety.
10.
11.
12.
13.
14.
15.
ight .... dg
~ &~" e eon f~o% ....... ~* in .... , mhd tho upFcr c o
= ............................................ slgn ......
Section 100-42(C)(3) is hereby renumbered 100-42(C)(2).
Section 100-61(C)(2) is hereby deleted in its entirety.
...................... , .... , .............. motel
resort, ~ .............. .... ~ ~m.~; ..... ~ .... ~ ....~"~, ...... ~=~ club, swim club or
line.
Sections 100-61C(3) and (4) are hereby renumbered (2) and (4) con-
secutively.
Section 100-71(C)(2) is hereby deleted in.its entirety.
(2) m~ fc!!cwing ~ subject
ticns set forth in Article
(c)
(1) cr moro !otc, advertising the sale cr lease__~ cn!y
tv:enty-feur (2{) .......
One (1) bulletin
cation sign for ,aces
,:~ *~ ~;% net .... ~*- eighteen (19) squire fcct in
street er lot !in~.
Section 100-71(C)(3) iS hereby renumbered 100-71(C)(2).
Section 100-81(C)(2) is herby deleted in its entirety.
(2)
Signs,__~~-"~4~"& ......... ~ +h~ fe!lCwing requirements'
(n) Freestanding or ground signs: where the building is set
~_,~ sign, single- or dc,able-faced, net moro than eighteen
(18) square feet, the lower edge of which ~ha!! be net
~-- +~:~ ~ .... /~ foot above the ground, unless attache~
~,,+~ .... +h=~ fifteen e~:~
sign shall'be met back not !e~ then fifteen (15) feet
cn!y thc business Conducted en the premises. As used in
this subsection, thc work "Drcmiscs" shall mean a!! con-
tiguous ~=~+" ~ ~ .... ownership.
(b) ~=~ -~ ....... ~ sign
each bui!din~ .... ~ ...... ~'
the business conducted in .... h building, provided that
such sign does not~
herizcnta! foot ef s,aCh ~3al!.
(2) ~ ~ .... ~+~ one ~"~=~
horizontal measurement ef such wall.
(3) E.~:ceed +h~ ~ ~+ ~" height.
(4) o~+ .... +~ ..... ~ ~* from much .... '~
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
Section 100-91(C)(2) and (3) are hereby deleted in their entirety.
t~ Sign-_,
ness District.
(3) Directicnz! or informztiena! signs, net cxceeding two (2)
to
Section 100-101(C)(2) and (3) are hereby deleted in their entirety.
~o~_, Wall ~igns ~- -~ ........... ~ ~ re~u!~tc~ ................. ~ ~+~ ~n-~tO~(b
ef thc limited Eusiness District.
,-, ~ ............. = -_ ground _- ns ..... building ...... ack
,--, ...................... (~) clan,
.... , --, .......... ~ ..................................... (4)
~ ..... "~-== .................. edge ~ ..-~ -~o~ net cxter, d more ~=- ~-~ =~..~
(15) fcct =2bcve thc ground chz!! bc permitted, which sign uha!l
be set b~ck net loss than fifteen (!5} feet from I!! street an.2
Oh"the premiscu. Ac used in this uubscction thc %Terd "prcmi=
es" cha!! mean all contiguous ~rcperty in ccm~en ownership.
section 100-101(c)(4) is hereby renumbered 100-101(C)(2).
Section tO0-111(C)(2) is hereby deleted in its entirety.
the Limited Eusincsc District.
Section 100-121(C)'(2) is hereby deleted in its entirety.
~o~ Signs .... ~ ~ in ~ regu!Ited by ~+~ inn_ m~9
~-, ..................... on _~_ 91_,_) ef
the Limited Ruuineuu Diztrkct.
Sections 100-131(C)(2) and (3) are hereby deleted in their entirety.
..................... ~ ~=-~_e feet in
Section !00-!O!C(3)'ef thc General ~-usiness District.
Sections 100-191(C)(4) through (11) hare hereby renumbered (2)
through (9) consecutively.
Sections 100-141(C)(2) and (3) are hereby deleted in their entirety.
~2) Wall signs as set f~rth and as regu!atcd by Section 100
~o~ ~ '~ the ~+~ o,,~= District -_ _
~--,-, ,b, _ ................... · limited +~ = m~xi
.... of thirty ~n~ square ~ ~ area.
(2) ' Freestanding er ground sign_- as sat forth in and as rcgu!atcd
bl, ~ '~nn_~n'~r,~'~ '"~ +~ a ..... ~ ~"~ .... District.
Section 100-141(C)(4) is hereby renumbered 100-141(C)(2).
Article XX (Signs), Section lO0-201(B) is hereby amended to read as
follows:
Except as otherwise provided in this chapter, signs shall
not hereafter be erected, structurally altered, enlarged or
moved or reconstructed within the Town unless a permit is
obtained from the Building Inspector and payment of a required
fee per sign in accordance with the Town of Southold fee as
specified in Subsection F below.
The following two (2) operations shall, not be considered
as creating a new sign and, therefore, shall not require a
new sign permit:
Replacing copy: the changing of the name, advertis-
ing or message on an approved sign. :-:hich '~ ~ -_~ecifi
SEPTEMBER 6, 1994
(b) Maintenance: painting, cleaning and other normal
maintenance and repair of a sign or a sign structure·
unless a structural change in configuration is made.
(c) Movement of a sign farther from the right of way,
provided.it meets all provisions of the building code
and Town Code and the Building Department is nOtified
in advance~
(2)
The following signs shall be exempt from the permit re-
quirement, but are subject to the other requirements o:f
this code:
Contractor signs;
(b} Real estate signs;
Holiday lights .and signs which are
incidental and customary and commonly
associated with any national, local or
religious holiday,not to be displayed for more
than sixty (60) days in one year. ~.
(d) Informational/directional signs.
(e) Nameplates.
(f) Temporary interior signs
Window signs covering 10% or less of the
window area.
(h) Non-profit organization directory signs.
26. Section 100-20t(D) is hereby amended to read as follows:
27.
28.
The Building Inspector shall review the proposed sign and can
approve, deny or condition a permit based on the provisions
of this code. with respect tc all ~uantit~tiv~ f~ctcr~. The
Planning Board may approve signs which differ from the
quantitative requirements set forth in this Article in the
site review process, provided that a finding is made that said
sign or signs conform to the general design principles outlined
in ~100-202 hereof, and provided further that no sign shall
violate the sign prohibitions and general restrictions listed
in §100-203.herein.
Sections 100-201 (E) and (F) are hereby deleted in their entirety
and a new subsection (E) is hereby added to read as follows:
permit in acccrdance %~itk al! applicable requirements.
If the si~n does not comply with the provisions of this code,
application for a variance may be made to the Zoning Board
of Appeals.
Section 100-202 (General design principles) is hereby amended to
read as follows:
Decisions cn review of signn by sign applicants shall be guided
by the following general design principles:
A. Signs should be a subordinate part of the streetscape.
B. Signs should be as small as practicable.
C. Signs Should be as close to the ground as possible, consistent
with required safety and legibility considerations.
D. A sign should have an appropriate size relationship to the
building upon which it is placed.
Eo
Whenever feasible, multiple signs should be combined into
one (1) sign to avoid clUtter.
F. A sign should not impair the visual effectiveness of
neighboring signs.
29.
30.
Garish colors and maserials should be avoided.
H. Signs which have dark background colors and ~liqht letters
are preferred in order to minimize the apparen~ size of
signs within the streetscape.
I. Generally, signs on the same building should be within the
same horizontal band and be of a similar height.
J. Except in carefully designed circumstances, signs should be
integrated with fences, walls or buildings and not be
freestanding.
Sign material should be durable, requiring little
~maintenance; use of material such as corrugated plastic,
natural aluminum, bulbous plastic letters, nontextured
plastic and glass tile should be avoided.
Section 100-203 (Prohibitions a~d general restrictions) is hereby
amended to read as follows:
Unless otherwise provided herein, nonaccessory signs,
billboards, off premise signs and mobile signs shall b~
prohibited in all districts.
Flashing signs, including any sign or attraction device
on which the artificial light is no~ maintained stationary
and constant 'in intensity and color at all times when in use,
are prohibited.
C. Signs which compete for attention with or may be mistaken for a
traffic.signal are prohibited. No sign shall be erected in
such a manner ~as ~o obstruct free and clear ~vision for drivers,
interfere with, mislead or confuse traffic or be located'where,
by reason of its position, shape or color, such sign may
interfere with, obstruct the view of or be confused with any
authorized traffic sign, signal or device by making use of the
words "stop", "look"'or any other word, phra!se, symbol or
character or red, green or amber illumination or reflection.
D. Roof cigns ch~_!! bo ~rchibitod.
~. Balloons or other gas-filled fiqures shall be prohibited.
E. Permanent exterior signs made out of cardboard, paper,
canvas or similar impermanent material are prohibited.
permitted cn ~rcun~ signs, ...~ ~ ..... ~ ·
....... = ........ kzn~n~ cignc; pro
u~cn tho arca of the sign so as ~c prcvcnt direct ~!~rc upon
C~F. Signs or attraction devices with visible moving,
-- revolving or rotating parts, such as flags, banners or
pennants, are prohibited.
~. Except for holiday seasons or a period of fifteen (15)
days from the date of a grand opening, no sign or part thereof
shall consist of pennants, ribbons, streamers, spinners or
other similar moving, fluttering or revolving devices.
I.H. Signs noting that a property has been sold are
prohibited.
No portable or ~emporary sign shall be placed on the
front face of any building or upon any lot, except as provided
in §100-2050 herein.
F~J. No signs other than signs placed by agencies of the government
shall be erected on any public property, unless consent is
first obtained from the Building Department. No sign shall be
placed~on any private property withou~ the consent of the owner
thereof. No sign shall be placed or painted on any tree or
rock. No sign shall be placed on any utility pole except for
utility identification or similar purposes.
Section 100-204 (Limitation content or copy) is hereby amended to
read as follows:
Information displayed on signs shall be limited Eo the name,
address, logo, and nature of the business and products available
or activity for which the building or premises is used.
4 SEPTEMBER 6, 1994
31.
section 100-205 (specific regulations) is hereby deleted in its
entirety and a new Section 100-205 (Specific Signs) is hereby adopt-
ed to read as follows:
ao
Business center directory signs.
(1) The ~erm "directory sign" shall mean any sign containing
list of names of business establishments located within
busigp~s ce~%gr. A business center means a site contain-
ing multiple business uses sharing a common driveway.
(2) Each business center shall be allowed on the premises on~
(1} freestanding directory sign in lieu of all other free-
standing or, ground signs, to be used for the purposes of
identifying the business center and the various business
establishments located within the business center where
the sign is set back fifteen (15}feet from the street
line. No brand name advertising of any sort shall be
allowed on such sign. Said sign shall no= exceed fifteen
(15) feet in height, measured from the =op of said sign to
the mean level of the ground surrounding the support of
said sign. Each business establishment name shall occupy
no more than 3 sq. ft.in total area with an additional
allowance of ~wenty percent (20%} of the total for the
name of the business cen=er. Said s~gn shall comply with
all other applicable provisions of this chapter.
(3} A permit issued by the Building Inspector shall be re
quired for each business center directory sign erected or
maintained pursuant to this subsection. The application
for said permit must contain an accura=e drawing of said
directory sign as well as a survey indicating the
dimensions of said sign, its location and setbacks.
B_~. Contractor Signs. A contractor, tradesperson, architect or
building supplier may erect one name sign each on the site of
construction during the period of work. The sign area may not
exceed three (3) square feet and may be attached =o a stake in
the ground located at least fifteen (15) feet from the street
line. All contractor signs must be removed prior ~o issuance
of a certificate of occupancy for the construction.
C. Farm, garden or nursery slgns. Signs may be-allowed
advertising only the sale of farm, garden or nursery products
grown on Eastern Long Island or of animals raised on the pre-
mises and the name of the farm, garden or nursery.
D. Freestanding signs. One freestanding sign is allowed for each
frontage, on a public street or way subject =o the following
requirements:
(1) Frees=anding signs are limited to either pole signs with
no guy wires or signs permanently affixed =o a fence or
other wall separate from the principal building.
(2) All freestanding signs shall be located within and not
overhang the property line.
The location and design of such signs shall not present a
hazard to pedestrian or vehicular traffic.
The sign may be' sin~le- or double-faced and square footage
will be calculated based on one side;
The siqn shall be se= back not less than fifteen {15} feet
from the pavemen= or five (5} feet from the sidewalk,
whichever is greater. Under no circums=ances shall the
sign be placed in the public right-of-way;
The sign shall advertise only business conducted on the
premises, which shall mea~ all contiguous property in
common ownership.
(7). The sign shall be not more than twenty-four (24} square
feet, the upper edge of which may not extend more than
fifteen (15} feet above the ground.
Historic s~qns. A sign is an historic sign if it-existed
prior to 1970 and has not be significantly altered since
then. When the historic nature of the si~n has been establ-
ished to the satisfaction of the Building Inspector, he may
allow the reconstruction, repair and main=enance of historic
sicns for so long as the sign maintains the original size,
appearance and location.
SEPTEMBER 6, 1994
75
F~
Informational/Directional Signs. Signs are allowed which stat~
open, closed, business hours, phone numbers and generic
lrect~ons to the facility, parking service and products.
~nformational/directional signs shall be a maximum of three
s.ft. in size.
Nameplates. Non-illuminated name plates containing only names
or professional signs containing only name and professional
designation may be allowed.
Nonprofit Organization Directory Sign. One directory sign may
be erected in each hamlet to identify nonprofit and civic orga-
nizations within the hamlet, sub3ect'to ~he size and location
requirements of the Business Directory sign.
Real Estate Sign. One sign shall be allowed to advertise thm
sale or lease of real property. The sign may be either single-
or double-faced and not larger than six (6} square feet in
size. The sign shall be lo6ated at least fifteen (15) feet
from the public right-of-way. All real es=ate signs must be
r~moved immediately upon closing on the lease or sale. This
szgn may be allowed in any zone.
Roof sign.
(1) Roof signs may 'be erected upon or against a roof of a
buildinq, but shall not extend above the ridge line of the
roof. A sign which is placed anywhere on a parapet Other
than the fascia shall be a roof sign and may not extend
above the top of the parapet.
(2) The top of such signs shall no~ extend, at its
closest point, more than 12" from the surface of the
roof. The vertical center of the sign shall be mounted no
higher than the midpoiht of the roof.
(3)
Such sign shall not exceed a size in square
feet equivalent to one-half times the length in feet
of the structure.
(41 A business may have either a roof sign or a wall sign, but
it may not have both a roof sign and a wall sign.
(5) A roof sign may not be illuminated.
Subdivision sign. A sign shall be allowed to advertise the
sale or lease of a subdivision of properties if the subdivision
has a public road frontage of five hundred (500) feet or more.
The sign may be either single- or double-faced and not larger
than twenty-four (24) square feet in size. The sign shall be
located at least fifteen {15) feet from the street line. Said
sign must be removed upon sale or lease of all properties with-
in the subdivision. This sign may be allowed in any zone.
Temporary signs. The erection, installation or maintenance of
temporary s~ns, as defined herein, is hereby.prohibited, ex-
cept as specified below:
(t) A temporary sign announcing special events erected
by a municipal, charitable or nonprofit organization, which
does not exceed =wen=y-four (24}. square feet in area, is per-
mitted for a period not to exceed thirty (30} days.
(2) Temporary interior signs announcing special sales or
events shall be permitted in the Hamlet Business and Gen-
eral Business Districts. Such signs shall cover no more
than twenty-five percen~ {25%} of the window area to which
they are affixed, and shall be removed within twenty
(3)
If a business has a permitted freestanding or ground sign,
a temporary sign may be hung from the exterior of the
building or from the approved sign. The temporary sign
shall not exceed 6 sq. ft in area and shall not pro~ect
more than two (2) feet from the buildin~ and shall not
obstruct pedestrian traffic.
(4)
If a business does not have a permitted freestanding,
ground or businesses center sign, a business may erec= a
temporary sandwich board or A-frame si'gn on the business
premises if it does not hinder public access,
traffic or vision. The sign may no= exceed 6 sq.ft, in
area and shall be set back at teas= fifteen (15) feet from
all property lines. The sign shall be removed at the end
of each business day.
6 SEPTEMBER 6, 1994
32.
No more than one (11 exterior temporary sign at a time
shall be allowed on-a parcel of property. If there are
multiple businesses on the property, they shall make in-
ternal arrangements to share the sign.
(6) An external temporary sign may not be displayed for more
than 90 days in a one (1) year period.
M~ Tourist Directional signs. Tourist related businesses (i.e.,
inch
hotel, motel, marina, restaurant) which are located off Rte 48
or 25 may have a generic eight (8) inch by twenty-four (24)
sign on one of those ~oads.
Wall signs. A wall sign or signs are allowed on the building
wall, subject to'all of the following requirements
It is attached to or incorporated in the wall and does not
project more than one (1) foot from such wall;
(2) It advertises only the business conducted in such build-
ing;
(3) It does not exceed one (1) square foot in total area for
each horizontal foot of the business such wall facing a
street. If multi-story businesses are within the
structure, they share one wall si~n allotment and shall
allocate it among themselves.
It does not exceed in width one. hundred percent (100%) of
(4)
the horizontal, linear feet of such wall;
(5) It does not exceed three (3) feet in height.
The szgn shall not extend higher than the parapet in the
case of one story buildings. In the case of buildings
taller than one (1) story, such signs shall no~ extend
above the bottom .of nhe sill of the windows of the second
snory nor extend or' be placed more than fifteen (15) feet
above the outside grade.
No wall sign shall cover, wholly or partly, any wall open-
ing, including doors, fire escapes and windows nor project
beyond the ends of the wall to which it is attached. All
such signs must be safely and adequately attached to said
building wall by means satisfactory to the Building In-
spector.
A sign may be placed on a business canopy or awning and
shall be treated as a wall sign and is sub3ect no the size
restrictions contained therein.
Window signs. A permanent window sign means any sign which is
painted on the window or is made of materials other than card-
board, paper or canvas. A permanent window sign or combination
of signs shall not cover more than ten percent (10%) of the
total glass area upon which, or in which, it is affixed, dis-
played or painted. If the window sign exceeds 10% of the window
s~ace, it shall be treated as a wall szqn and is subject to the
size restrictions contained therein.
Section 100-205.1. (Specific Sign Requirements) is hereby added to
read as follows:
The following signs will be allowed in the Residential areas of
the Town, which shall include all areas zoned A-C, R-40, R-80,
R-120, R-200, R-400, HD and AHD:
Not more than two (2) nameplates not to exceed two (2)
square feet in area.
One (1) sign identifying the residential neighborhood not
more than eighteen (18) square feet in area, located not
less than 15 feet from the street.
3o
If the appropriate circumstances exist there may be a real
estate, subdivision, contractor or yard sale sign.
Such other signs as may be authorized as variance by the
Zoning Board of Appeals.
The following additional szgn shall be allowed in the A-C zone:
A farm, garden or nursery shall be allowed to have the
signa~e permitted in Business areas.
33.
34.
Co
The following signs will be allowed in the Business areas of
the Town, which sha~ include all areas zoned RR, RO, LB, HB,
B, MI, MII, LIO and LI:
Two (2) of the following alternatives:
a. A freestanding sign;
A business center directory sign;
c. A window sign;
A wall sign or a roof sign.
temporary sign.
If the appropriate circumstances exist there may be a real
estate, subdivision or contractor sign.
Such other signs as may be authorized as a variance by the
Zoning Board of Appeals.
D. Marinas may have a separate wall sign for the wall frontage
- facing the waterfront area they serve.
Section 100-206 (Unsafe, abandoned and unlawful signs) is hereby de-
leted in its entirety and a new Section 100-206. (Sign illumination)
Ks hereby adopted to read as follows:
Except as provided below, a sign may only be lit from an exter-
nal source. The source may be above or below the sign but must
be shielded so that the light filament is not visible from
adjacent streets or properties and so that the illumination is
concentrated on the sign.
Onlyl freestanding~ business center and wall siqns in a shopping
center or in areas zoned Hamlet Business may be internally
illuminated, An existing sign which is capable of illumination
may continue in use in other zones if the liqhts are not turned
on. Both neon and internally illuminated signs are otherwis~
prohibited.
C__. Farm, garden.or nursery signs may only be illuminated durinq
the hours of. business operations.
D. Wiring, raceways and appliances of a sign illuminated by
electricity from outside shall conform with the regulations of
the fire UnderWriters and shall bear the appropriate stamp
signifyingSuch conformity.
Section 100'207 (Continuation of exis%ing signs.) is hereby deleted
in its entiretY and a new Section 100-207 (Unsafe, abandoned and
unlawful signs~) is hereby added to read as follows:
A. The owner of a sign and the owner of the premises on which such
sign is located shall be 3ointly liable to maintain such sign,
including its illuminatiOn soUrces, in a neat and orderly con-
d~tion and good working order at all times and to prevent the
develOpment of any rust, corrosion, rotting or other deteriora-
'tion' in the physical aPpearance or safety of such sign.
B. If the Building Inspector shall find that any sign regulated
herein is unsafe, insecure, damaged, deteriorated or a menace
to the public or has been erected in violation of the provi-
Sions of this chapter, he shall give written notice by certi-
fied mail to the owner of the premises on which such sign is
located, as shown on the latest town assessment roll. .Said
sign and all appurtenances shall be taken down and removed by
the owner, a~ent or person having the beneficial use of the
buildin~ or strUcture upon which such sign may be found Within
thirty (30) days. after written notification from the Building
.Inspector. Upon the failure to comply with such notice within
the time specified therein, the Building Inspector is autho-
rized ~to remove or cause the removal of such sign at the ex-
pense of the person or persons named in such notice. Upon such
removal, ail costs and expenses incurred by the town for the
removal and StOrage of such sign shall be assessed a~ainst th~
land ~n which Such sign Was located', and a statement of suCh
expenses shall be presented to the owner of the land. If such
statement is not paid within thirty (30) days after its pre-
sentment, the Building Inspector may file a statement with thm
Town ~Assessors, ~dentifying the property in connection with
which sUch expenses were incurred and the owner thereof as
shown Qn the latest assessment roll of the town. The Asses-
sors, in the preparation of the next assessment roll, shall
8 SEPTEMBER 6, 1994
assess such amount u~on-'~h property. Such amount shall be
included in the levy against such property, shall constitute a
lien and shall be collected and enforced in the same manner, by
the same proceedings, at the same time and under the same pen-
alty as is provided by law for the collection and enforcemen~
35.
36.
of real property taxes in the Town of Southold. The owner
of the sign removed by the Building Inspector as hereinbeform
provided shall not be permitted to redeem such sign until all
expenses of removal andstorage have been paid.
C_L. If, in the determination of the Building Inspector, a sign is
an immediate peril ~o persons or property, he may cause such
sign ~o be removed summarily and' without notice. The cost of
such removal shall be paid by the town, and such amount shall
be and become a lien upon the premises in c~uestion and shall b~
levied and ~ollected in the same manner and under the same pen-
alties as an assessmen~ of a public improvement.
Section 100-208 (Transition.) is hereby added ~o read as follows:
For a period of six (6) months after adoption of this ordinance, a
person may obtain a sign permit for a sign which conforms to the
provisions of the newly adopted code or the prior repealed code.
Thereafter, a sig~ .permit may only be issued for a sign which con-
forms to the provisions of this code.
Section 100-209. (Non-conforming Signs). is hereby added to read as
follows:
Any sign which holds ~ permit under the prior repealed code but
which does not conform to the provisions of this chapter, shall be
deemed a non-conforming sign. A non-conforming sign may be contin-
ued, without enlargement, reconstruction or relocation, until i~
loses its noncomforminq s%a~us through the occurrence of any of
37.
these events:
The non-conforming use is damaged or deteriorated so that th~
cost of repair or replacement e~ceeds 50% of the original valum
of the sign;
~. The business which is served by the non-conforming sign changes
to a new use or service (i.e., retail to food1.
The business which is served by the non-conforming sign has
been discontinued for a period of two (21 years or more.
When a sign loses its nonconforming status, it shall be brought into
compliance with this code and obtain a new permit, or it shall be
removed.
Section 100-281(J)(1)(g) is hereby deleted in its entirety and a
new section 100-281(J) (!)(g) is hereby added ~o read as follows:
The per~it fee for all signs shall be fifty dollars
per permit.
II. This Local Law shall take effect upon its filing with the Secretary of
State.
* Overstrike represents deletion(s)
**Underscore represents addition(s)
25.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussies, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: I'd just like to comment, that this proposed law on
signs is a very.comprehensive law with many chapters and sections, that
update the regulations pertaining to signage in this town. It follows from
the recommendations of the Stewardship Task Force with a number of
meetings, that the Code Review Committee has held, and has had a lot of
input from many people.
26.- Moved by Councilwoman Lizewski, seconded by Councilwoman Hussie, it
was
RESOLVED .that pursuant to Article 8 of the Environmental Conservation
Law, State Environmental Quality Review Act, and 6NYCRR Part 617.10,
and Chapter 44 of -the Code of the Town of Southold, notice is hereby given
that the Southold Town Board, in conducting an uncoordinated review of
this unlisted action, has determined that there will be no significant
effect on the environment.
DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Lighting'
pursuant to the Town's police power. Light pollution is not beneficial to
the health, safety and welfare of the residents of the Town and must be
minimized. This ordinance prohibits excessive light and glare by any use,
restricts lighting in the middle of the night and sets
26.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussle, Supervisor Wickham. No:
Councilman Lizewski.
This resolution was duly ADOPTED.
Moved by Councilman Lizewskl, seconded by Councilwoman Hussie,
WHEREAS, there has been presented to the Town Board of the Town of
Southold a proposed Local Law entitled, "A Local Law in Relation to
Lighting"; now, therefore, be it
RESOLVED that the Town Clerk be and she hereby 's authorized and
directed to transmit this proposed Local Law to the Southold Town Planning
Board and the Suffolk County Department of Planning, all in accordance with
the Southold Town Code and the Suffolk County Charter. This proposed
Local Law reads as follows:
A Local Law in Relation to Lighting
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended to read as follows:
1. Section 100-31(B)(5)(e) is hereby deleted in its entirety.
27,--
Section 100-31(B) (5) (f) is hereby changed to 100-21(B) (5) (e) .
Section 100-31(B) (7) (e) is hereby deleted in its entirety.
~h~ dfr~-~ source-of aH-ex~erk~
shiekJ~f fi-on~ ~he view-of su~o~fh~- resk~emt~
Section 100-31(B)(8)(c) is hereby deleted in its entirety.
o
e
resh~-ent~ to~z~,- s~r~e~ or other I~ct~l~ f~cbli~iesz
Section 100-31(B) (8) (d) is hereby changed to 100-31(B)(8)(c).
Section 100-61(B) (~) (d) is hereby deleted in its entirety.
d=- No' H~cs' sha+F creat~
section 100-61 (B) (/~) (e) is hereby changed 'to 100-61(B) (4) (d).'
Section 100-101(B) (12) (g) is hereby deleted in its entirety.
0 SEPTEMBER 6 1994
9. Section 100-101(B) (12) (h) is hereby changed to 100-101(B)(12)(g).
10. Section 100-191(0) is hereby deleted in its entirety.
~-'- t'Hun~i~'ra~c+on~ (D~f~-s~:re~t- pa?~<'in~areas
acit~:lt~¥-'Hfuntina'~ed-for con've~ti~-~ andt- saf-et~-;-, h~-
H~j'h~cin~j- f'~r pat'~:~n~r' areas sh~+F cause-g+a-r~ on-ad~h'tirtg-
11. Sections 100~191(P) and (Q) are hereby changed to (O) and (P).
12. Section 100-239.5 (Lighting) is hereby added to read as follows:
INTENT - This ordinance i's adopted pursuant to the Town's polic~
power. Light pollution is not beneficial to the health, safety and
welfare of the residents of the Town and must be minimized. This
ordinance prohibits excessive light and glare by any use, restricts
lighting in the middle of the night and sets a maximum height for lights
to minimize the potential for glare.
All outdoor lighting shall be shielded so that the filament is
not visible from adjacent property and shall be arranged so as
to minimize the projection of light, and glare on adjoining
properties. '
Bo
It is a general principal of.the Town that parking lot lights
should be reduced in intensity between 11:30 P.M. and J~:00
A.M.
C. All freestanding outdoor lighting shall be located at a height
of no more than fourteen (1L~) feet above ground Ievel and the
lighting shall be shielded so as to comply with all other
restrictions on outdoor lighting.
This' Local Law shall take effect upon its filing with the Secretary of
State.
* Underscore represents additions
** Overstrike represents deletions
.2.7,-- Vote of the Town Board:
Ayes: JustiCe Evans, Councilwoman Oliva,
Hussie, Supervisor Wickham. No :
CounCilman Townsend, Councilwoman
Councilman Lizewski.
This resolution was duly ADOPTED.
28.- Moved by Councilman Townsend, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby waives the
Disposal Area Tipping Fee for the American Littoral Society's beach clean-up
project on September 17 and 18, 1994.
28.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman To~vnsend, Councilman Lizewski, Supervisor Wickham. No:
Councilwoman Hussie.
This resolution was duly ADOPTED.
29,-
COUNCILWOMAN OLIVA: This is just an example of what our policy was,
that these people are coming out here for American Littoral Society. They
are gathering volunteers from all over town to clean up some of our
beaches, which we'd say by them cleaning up the beaches it's saves the
Town the money for us going and cleaning up these beaches, so, therefore
that is why we will waive the fees at the dump.'
Moved by Justice 'Evans, seconded by Councilman Townsend, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law, State Environmental Quality Review Act, and 6NYCRR Part 617.10,
and Chapter /&4 of the Code of the Town of Southotd, no{ice is hereby given
that the SouthoJd Town Board, in conducting an uncoordinated review of
this unlisted action, has determined that there will be no significant
effect on the environment.
29.--
30.--
DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Wineries",
which amends Chapter 100 (Zoning) of the Code of the Town of Southold, by
adding the definition for "winery", and identifies accessory uses at
wineries. The proposal has been determined not to have a significant effect
on the environment because an Environmental Assessment Form has been
submitted and reviewed and the Town Board has concluded that no
significant adverse effect to the environment likely to occur should the
proposal be implemented as planned.
Vote of the Town Board: Ayes: Justice Eva ns, Councilwoman Oilva,
Councilman Townsend, Counc~lwoma n Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
Moved by Supervisor Wickham, seconded by Councilwoman Oliva,
WHEREAS, there was presented to the Town Board of the Town of Southold,
on the 28th day of June, 1994, a proposed Local Law entitled, "A Local
Law in Relation to Wineries"; and
WHEREAS, this proposed Local law was refeCred to the Southold Town
Planning Board and the Suffolk County Department of Planning for their
recommendations and reports; now, therefore, be it
RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, September
20, 199D,, Southold Town Hail, Main Road, Southold, New York, as time and
place for a public hearing on this proposed Local Law, which reads as
follows:
A Local Law [n Relation to Wineries
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended to read as follows:
INTENT: The wine industry has been an important component not only of
the agricultural community, but the Town's tourist industry. In
recognition of the winery's abillty to contribute to the tourist industry,
the Town is clearly defining a winery, adding sales of wine-related products
as an accessory use and allowing for outdoor for-profit events under certain
conditions.
Section 100-13 (Definitions) of the code of the Town of Southold is
hereby amended by adding thereto the following:
WINERY - shall mean and include any place or premises in which
wine is manufactured and sold from 9rapes primarily 9rown on a
vineyard of at least ten (10) acres owned or leased by the winery.
2. Section 100-31B(13) is hereby amended to read as follows:
(13) Wineries f-er ~he P~on~and- sat~ oF ~rin~-P~ocFd-c-ec~ From-
3. Section 100-31C(11) is hereby added to read as follows:
(11) .Wineries may have an accessory gift shop on the premises which
may sell items accessory to wine, such as corkscrews,
wineglasses, decanters, items for the storage and display of
wine, books on wine makinq and the region and nonspecific items
bearlng the insignia of the winery. ~Wineries may not have a
commercial kitchen as an accessory use, but may have a non-
commercial kitchen facility for private use by the employees.
Section 100-71C(1) is hereby amended to head as follows:
(1) Accessory uses as set forth in 'and regulated by §100-31C(.1)
through (7) and (11) of the Agricultural-Conservation District
and subject to the conditions set forth in §100-33 thereof.
Section 100-81C(1) is'hereby amended to read as follows:
(1) Any accessory use as set forth in and regulated b'y
§100-31C(1) through (8) and (11) of the
Agricultural-Conservation District, and subject to the
conditions set forth in §100-33 thereof.
82
SEPTEMBER 6, 1994
10.
following:
II.
31.--
6. Section 100~91C(1) is hereby amended to read as follows:
(1)
Accessory uses as set fortn in and regulated by §100-31C(1)
through (7) and (11) of the Agricultural-Conservation
DistriCt. and subject to the conditions set forth in §100-33
thereof.
7. Section 100~101C(1) is hereby ~mended to read as follows:
(~)
Accessory uses set forth in and as regulated by §100-31C(1)
through (8) and (11) of the Agricultural-Conservation
District, subject to the conditions set forth in §100-33 thereof.
8. Section 100-121C(1) is hereoy amended to read as follows:
(1)
.Accessory uses set forth in and as requlated by
§100-31C(1) through (1) - (7) and (11) of the
AgriculturaI-ConservationDistrict, and subject to the
conditions set forth in §100-33 thereof.
9. Section 100-141C(L~) is hereby amended to read as follows:
(1)
Accessory uses set forth in and as regulated by
§100-31C[11)of the Agricultural-Conservation District~ subiect
to theconditions set forth in §100133 thereof.
Section 100-274 (Fees) is hereby amended by addln'g thereto the
G. For applications for public entertainment and special events
permits, the fee shall be fifty dollars ($50.00).
This Local Law shall take effect upon its filing with the Secretary of
State.
Underscore represents addition
Overstrike represents deletions.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
Moved by Councilwoman Hussie, seconded by Supervisor Wickham,
WHEREAS, there was presented to the Town Board of the Town of Southold,
on the 28th day of June, 1994, a proposed Local Law entitled, "A Local
Law in Relation to Public Entertainment and Special Events"; now, therefore,
be it
RESOLVED that the Town Board hereby sets 8:05 P.M., Tuesday, September
20, 1994, Southold Town Hall, Main Road, Southold, New York, as time and
place for a public hearing on this proposed Local Law, which reads as
follows:
A Loca Law in Relation to Public Entertainment and Special Events
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
INTENT: The intent of this amendment is to allow wineries to hold outdoor,
for-profit events, under certain restrictions.
I. Chapter 27 (~z'a'a~s~-f~i~s, ¢i~-uses and-pu~N~ e~-Y~e~%ai~m~e~t) if
hereby changed to (Public Entertainment and Special Events)
1. Former section 27-1E is hereby renumbered to 27-1F, and a new
section 27-1E is hereby added to reads 'as follows:
E-- If a winery holds an outdoor .event, for profit, at which the
expected attendance exceeds the maximum occupancy of the
public area of the building, the winei~y must obtain approval
from the Zoning Board of Appeals. An application shall be
accompanied by a fifty dollar ($50.00) fee. In 9rantincj such
approval the following factors must be considered:
1. All parking must be off-street and traffic control
must be provided by the winery;
2. Adequate sanitary facilities must be provided.
__~ AIl food must be catered and. prepared off-site;
4_~. Events for 300 or more people require preparation of a
traffic control plan.
II. This Local Law shall take effect upon its filing with the Secretary of
State.
* Underscore represents additions
** Overstrike represents deletions /
.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl,
Supervisor Wickham.
This resolution was duly ADOPTED.
Rescinded September 20, 1994 by Resolution #1
32.--Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Tracy A. LaPre as a School Crossing Guard, effective immediately, at a
salary of $24.02 per day.
32.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl,
Supervisor Wickham.
This resolution was duly ADOPTED.
33.-
Moved by Councilman Townsend, seconded by Supervisor Wickham,
WHEREAS, Section 104-b of the General Municipal Law (GML) requires
goods and services not required to be competitively bid to be procured in a
manner so as to assure the prudent and economical use of public monies, and
WHEREAS, to reach that objective every Town shall adopt internal policies
and procedures governing all procurement of goods and services not subject
to the bidding requirements of GML Section 103 or any other law; and
WHEREAS, comments have been solicited from those officers of the Town
involved with procurement; and
WHEREAS, on June 28, 1994, the Town Board reaffirmed their procurement
policy, NOT~ THEREFORE, BE IT
RESOLVED, that the Town of .Southold does hereby adopt an amended
procurement policy to read as follows:
TOWN OF SOUTHOLD PROCUREMENT POLICY
OUIDEZINE ~: Every prospective purchase of goods or services shall be
evaluated to determine the applicability of General Municipal Law, Section
103. Every town officer, board, department head or other personnel with
the requisite purchasing authority (hereinafter Purchaser) shall estimate the
cumulative amount of the items of supply or equipment needed in a given
fiscal year. That estimate shall include the canvass of other Town
departments and past. history to determine the likely yearly value of the
commodity to be acquired. The information gathered and conclusions
reached shall be documented and kept with the file or other documentation
supporting the purchase activity.
OUIDE/INE 2. All purchases of a) supplies or' equipment wt~ich will exceed
S10,000.00 in the fiscal year or b) public works contracts over S20,000.00
shall be formally bid pursuant to General ~iunicii-]al Law Section 103..
OUIDEZIN£ 3'. All estimated purchases of:
· Less than $10,000 but. greater or equal to $3,000. require a written
request for a proposal (RFP) and written/fax quotes from 3 vendors.
· Less than $3,000. but greater or equal to $500. require an oral request
for the goods and written/fax quotes from 2 vendors.
· Less than $500. are left to the discretion of the Purchaser but
written/fax quotes are preferred.
84
SEPTEMBER 6, 1994
All estimated public works contracts of:
· Less than $20,000. but greater or equal to $'I0,000. require a written RFP
and faX/proposals from 3 contractors.
· Less than $10,000. but greater or equal to $3,000. require a written RFP
and fax/proposals from 2 contractors.
· Less than $3,000. but greater oF equal to S500. are left to the discretion
of the Purchaser but written/fax quotes are preferred.
Any written RFP shall describe the desired goods, quantity and the
particulars of delivery. The Purchaser shall compile a list of ail vendors from
whom written/fax quotes have been requested and the wr tten/fax quoted
offered. ,
GUIDELINE4. All quotes shall be date stamped and shall be kept confidentiai
until the purchase order is signed and returned to the department. Until
that time no employee shall discuss any price quote with a prospectiv~
vendor Or contractor. A copy of all quotes and/or proposals shall be
attached to the purchase order before it is submitted to the AccountingI
DepartmenL All information gathered in complying With the procedures, of
this Guideline shall be .preserved and flied with the documentation
supporting t'he subsequent purchase or public works Contract
GU/DEL/NE ,ff. The lowest responsible proposal or quote shall be awarded the,
purchase or public works contract unless the Purchaser prepares a written
justification providing reasons why it is In the best interest of t.he Town and
its taxpayers to make an award to other than the low bidder. If a bidder is
not deemed responsible, facts supporting that judgment shall also be
documented and filed with the record supporting the procurement.
GUIDELINE 6. A good faith effort shall be made to obtain the requiredi
number of proposals or quotations. If the Purchaser is unable to obtain the
required number of proposals or quotations, the Purchaser shall &ocument
the attempt made at obtaining the proposal. In no event shall the inability
to obtain the proposals or quotes be a bar to the procurement.
GU/DEL/NE 7. Except when directed by the Town Board, no solicitation of
written proposals or' quotations shall be required under the following
circumstances.
Emergencies;
Sole source situations;
Goods purchased from agencies for the blind or severely
handicapped;
Goods purchased from correctional facilities;
Goods purchased from another governmental agency;
Goods purchased under a state or co0nty contract;
Goods purchased at auction.,
Goods purchased for less than S500.00;
Public works contracts for less than SS00.00.
· GU/DEL/NE 8. All prospective purchasers of professional services should
obtain a written/fax estimate and statement of qualifications from at least
two sources except when otherwise directed by the Town Board.
GU/DEL/NE 9. A properly executed purchase order is required for all
purchases. Neither goods nor services are to be ordered without first
obtaining a purchase order signed by the' Department Head and the
Supervisor.
GUIDEZINE '/0. This policy shall be reviewed annually Dy the Town Board au
its organizational meeting or as soon ~hereafter as is reasonably practicable,
33.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
3q.-SUPERVISOR'S APPOINTMENT
Supervisor Wickham rescinded his appointment of January 1, 1994 and May
3, 1994 to the Town Board Police Standing Committee, and appointed the
following Town Board members to that committee: Councilwoman Hussie,
Councilman Townsend, Councilwoman Oliva.
Ex officio member:
Ex officio member:
35.-Vote of the Town
35.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints
the following individuals to the Southold Town Tree Committee, effective
September 22, 1994 through September 22, 1995, they to serve on said
committee without compensation:
Edward D. Dart, Chairman
David A. Blados
Ural Talgat
Donald Wilcenski
Raymond L. Jacobs, Superintendent of Highways
Antonla S. Booth, Town Historian
Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
36.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs the Town Clerk to advertise for resumes for three (3) members
of the. Southold Town Tree Committee to fill vacancies.
36.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wlckham.
This resolution was duly ADOPTED.
SUPERVISOR WI~CKHAM: Resolution #37 is a resolution to consider.this no
parking along the road, which we took up as a public h~aring earlier this
afternoon. This is the opportunity for the Board to either act on it, or to
decide what we .want to do in the future. My proposal to the Board is that
we table this for further study,
COUNCILWOMAN HUSSIE: Yes, we all agree.
38.-Moved by Supervisor Wickham, seconded by Councilwoman Hussie,
WHEREAS, there was presented to the Town Board of the Town of Southold,
on the 23rd day of August, 1994, a Local law entitled, "A Local Law in
Relation to Scallops"; and '
WHEREAS, a public hearing was held by the 'Town Board on the 6th day
of September, 1994, at which time all .interested persons were given an
opportunity to be heard; now, therefore, be it
RESOLVED that the Town Board hereby enacts Local Law No. 21 - 1994,
which reads as follows:
LOCAL LAW NO. 21 - 1994
A Local Law in Relation to Scallops
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 77 [Shellfish) of the code of the Town of Southold is hereby
amended as follows:
6 SEPTEMBER 6, 1994
Section 77-201 (Definitions) is hereby amended by adding thereto the
following:
SCALP NET - A hand operated net attached to a handle
with an opening across the mouth of no more than 14 inches.
2. SectiOn 77-20gA is hereby amended to reao as follows:
S'c'~-I'top'~ ~ n~ b~- t~'ken- fpo.nm t~,.rr- w~t'm'"-s- d'tm'i ne2-.
~:he per-h~-d fr~n-,-A-pH+ -t. ~ ~he thh-d S'~rrd-~'¥ ~ Se-pt.emb. e~
The Trustees of .the Town of Southold may establish, by
resolution, the dates of the commercial and noncommercial
scallop season based on the environmental .and economic
conditions in effect each year.
3. Section 77-20U,(B) is hereby amended to read as follows:
Strbj~c~ to ~he pr~r~isio~ oF ~hi~ sectForr,- d~q~cj-
S~~ ~ ~ 9 ~ e~ch-y~r;-b~h-d~e~ ~~,-
Dur~ th~ ~o~ommer~al s~allop s~aso~, ~ot mor~ tBa~
o~e-ha~f (~/2) ~ushe[ of sca[tops may ~ ta~e~ from tow~
waters in any one (1) day by hand or with a scalp ne~.
Section 77-204(C) is hereby amended to read as follows:
I1.
C. During the commercial scallop season, scallops may be
taken, subjecb to ~he prtrv~ of ~hFs- secbForr; dtming-
~he ~ F~~ ~8 ~ ~ 3~7 ~h-d~es
~e~-scaHo~ ~kem-from town waters with a
dredge or scrape having an opening at the mouth of not more
than thirty-six (36) inches in width when towed by a Ooat
operated by mechanical power or other means, provided that
such dredge on scrape is brought aboard the boat by hand
power without the use of a mechanical device.
This Local Law shall take effect upon its filing with the Secretary of
State.
Underline represents additions.
Overstrike represents deletions.
38.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: Any one from the audience who would Pike to
address the Board on any matter of their concern?
RAY EDWARDS: Ray Edwards, Fishers Island, addressing the Board as the
Fishers Island Sewer Commissioners. I have done some research, and found
out that no work has been done on that other than their routine maintenance
for eight months, and there's some serious problems that are going to arise
down there, if these aren't taken care of. Eight months is a long time. ]
know there's some kind of a committee. All I see with this Board is
committees, committees, committees.
JUSTICE EVANS: May I respond to that? I met with the engineering firm,
because I have not received the latest engineering report for the '93, '94,
and they sent that to me, and I got together with them, and some other
members that are on that sewer district, and they're talking to the
contractor, and perhaps to other contractors that have doing the
maintenance, and repairs, and any capital improvements. We think we have
things in hand.
RAY EDWARDS: There are a lot of things in there that have to be done,
and haven't been done.
JUSTICE EVANS: I'm aware of that. Once I got the report I could see the
recommendations that were made last October, but I'm unaware that any
action was taken on them, but I did not have the report until fairly
recently to know what the recommendations were. Since then we've had the
engineering to help us get started on those recommendations.
RAY EDWARDS: Pointing this towards Ferry, when does the new contract go
out to bid for the engineering flrm?
TOWN CLERK TERRY: I don,t know, Ray.
RAY EDWARDS:
JUSTICE EVANS:
up in October.
I'm sorry J don't know.
Does it come up in August?
We spoke with them back then, and I think that it comes
TOWN CLERK TERRY:
it.
I wanted to say September or October. I'll look into
SUPERVISOR WICKHAM: Thank you for bringing this to our attention, Ray.
RAY EDWARDS: It could be a serious thing. Secondly, I'm wondering
why your monthly reports have not been posted at the Bulletin Board here
at 'the post office? People are asking me.
JUSTICE EVANS: People that have come to me have indicated that they're
very happy that they are no 'longer there. I have no one come to me yet,
and complain, that they weren't there. If you would direct those people to
me, then I will k'now better on how people feel.
RAY EDWARDS: I certainly will.
SUPERVISOR WICKHAM: Is there anyone else who would like to address the
Board on any matter of their concern? (No response.) Now, it's the
opportunity for the Board to have some comments. Joe?
COUNCILMAN LIZEWSKI: In reference to the Bed and Breakfast, that was
brought up at our Legislative meetings. I think we'll probably try to
discuss some type of recording of these meetings, so that we have some type
of record in the future, so we know when everybody who's there can refer
back to them, rather be on tape, just to point out important parts of that
meeting, and then recorded somewhere, but I think that some of these
meetings i that we go to, ~ meeting after meeting, sometimes even I get
confused as to what was said at the last meeting, or what was really
accomplished, and I think that maybe we could institute some type Of record
keeping, Tom, of really what goes on other just going to the meeting.
SUPERVISOR wICKHAM: Would anyone else on the Board like to make a
comment?
COUNCILWOMAN OLIVA: We had a report of the last of summer interns
today, and I'd just llke to thank.all of the summer interns, that were here
for planning, for the tax, for the business study. They've done a
wonderful job, and saved us countless hours of research, and time,
collecting materials, and they were just such an asset to the Town. I hope
we can do it again next year. It was just a wonderful experience for them,
and for us. Thank you.
SUPERVISOR WICKHAM: I would like to just briefly comment. I had the
privilege of meeting a number of officials from State government at a
meeting of the East End Environmental and Economic Institute last week,
including the Governor, and the Commission of the DEC, and other officials
with whom the Town has to interact for better or worse. Perhaps because
it's electron year my assessment was that there are gestures, at least from
the State, of trying to assist the East End towns in a number of different
ways, including dealing with road runoff from State roads. There is a
proposal that the State is seriously considering for a Farmland Preservation
Program comparable to the pioneering one that Suffolk County, and now
Southold Town has carried out, and a number of other issues that have been
brought to the attention of those officials. None of that would have
happened if the towns of the East End hadn't in some sense pulled
themselves together, and addressed the State collectively through this
Institute. I'm pleased to say, that there is a growing conversion of
interest on the part of the East End towns. This has nothing to do w~th
the proposed county. It's the fact that there is increasingly a common
interest on the part of these towns in addressing issues, and in presenting
our needs to the State, and I think the effect of that is more productive
than individual towns working by themselves. With that brief note, if
there's nothing else I declare the meeting adjourned.
Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board meeting and hereby is adjourned at 5:55
P.M.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Otlva,
Councilman Townsend, Councilwoman Hussie, . Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.