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HomeMy WebLinkAboutTB-06/01/1993115 SOUTHOLD TOWN BOARD JUNE 1, 1993 WORK SESSION Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman George L. Penny IV (10:05 A.M.),' Councilman Thomas H. Wickham, Councilman Joseph J. Lizewski, Councilwoman Alice J. Hussie, Town Attorney Harvey A. Arnoff (10:30 A.M.), Town Clerk Judith T. Terry. 9:45 A.M. Robert Graeb met with the Town Board to discuss his application for a watchman trailer permit at his property on the north side CR 48, Cutchogue. Mr. Graeb was asked why he did not build a house rather than putting a trailer on the property, since the dimensions of the trailer are 70 ft. by 12 ft. He said he had applied for a subdivision, but due to the cost of constructing an access road, and a firewell requirement, he has abandoned the proposal. Further, he said he is not financially able to build a permanent home at the present time. Planner Melissa Spiro was asked to participate in this discussion, and upon request of the Town Board, will have the Planning Board review the subdivision proposal again in light of new highway specifications. In the meantime the Board agreed to grant the watchman trailer permit (see resolution no. 11) at the site of Mr. Graeb's greenhouse. 10:10 A.M. - For Discussion Items: (1) Jim McMahon, Director of Program Evaluation, met with the Board to again discuss the request of Peter Ficini for an exemption from the requirements of the Southold Town Rehabilitation Program Guidelines. The Board unanimously agreed the request should be denied. The criteria for assistance has primarily been to individuals who have no assets, only social security. (2) Request from the Cutchogue Fire District to install a fire siren at the landfill in Cutchogue. Board agreed (see resolution no. 12). (3) Appointment of John Raynor to the position of Public Safety Dispatcher III was discussed at 11:25 A.M. in Execution Session, and a resolution (no. 23) placed on the agenda. (4) Proposed new form for the Building Department - "Certificate of Determination" (see resolution no. 13 approving same). (5) Proposed "Loc.al Law in Relation to Detached Dwelling" to permit one-family detached dwellings in the "B" Business zone. Currently they are non-conforming, and this would acknowledge and allow them (see resolutions 14 & 15). (6) Proposed "Local Law in Relation to Exceptions to Yard Requirements" which is proposed to bring about consistency to other parts of the Code - now conflicts with building area in Section 100-13 (see resolutions 16 & 17). (7) Proposed "Local Law in Relation to Fees for Sign Permits" eliminates Section 100-201(F) as it conflicts with 100-281J..(g)(see resolution no. 18). (8) Transmittal from Dick Mullen of Mullen Motors, Inc. to Councilman Penny concerning a new State law pertaining to official dealer signs. Councilman Penny will be discussing this at the Commerce &' Industry Committee meeting on June 2nd to determine-if in fact it is a State requirement and should be incorporated in the Zoning Code. Town Attorney Arnoff will research the State Law. (9) Proposed "Local Law in Relation to Hotel or Motel, Resort" which permits each unit to be equipped with cooking facilities, but requires periodic inspections by the Building Inspectors and filing of covenants and restrictions to prevent the facilities from becoming permanent residences. Building Inspector Tom Fishers was asked to sit in on this discussion. Councilman Penny stated that the wording was placed in the proposed local law as the Building Inspectors felt it should be absolutely clear so they would not need a court order to conduct inspections (see resolutions 19 & 20). (1) Proposed "Local Law in Relation to Definitions" which adds definitions for bulkhead and retaining wall. Councilman Penny said there has been a problem of interpretation by the Building Inspectors over the years and they wanted further definition. The Trustees have been consulted and they concur. (11) Further information from Justice Edwards, continued from May 4th and May 20th, concerning payment for two dedicated lines from Fishers Island Utility to Vital Link (equivalent of E911 service) and charges incurred since January of 1992 which have not been paid. The total is $11,916.86, but Tom Doherty, Fishers Island Utility Co., has negotiated a $7,000 settlement, and Justice Edwards wishes the Town to pay $3,500 of the bill and the Fishers Island Fire District would also pay $3,500. Town Attorney Arnoff will contact the attorney for the Fishers Island Utility Company for further information, EXECUTIVE SESSION 11:25 A.M. - On motion of Councilman Wickham, seconded by Councilwoman Hussie, it was Resolved that the Town Board enter into Executive Session. Vote of the 13oard: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilman Wickham, Councilman Lizewski, Councilwoman Hussie.---The Board discussed the provisional appointment of John Raynoras a Public Safety Dispatcher II1. There is no civil serivce list for this position (resolution no. 23 was placed on the regular meeting agenda for the appointment).---Town Attorney Arnoff brought the Board up to date on the Andros Patent litigation.---Discussed retaining a professional arbitrator as a hearing officer for a evidentiary hearing (see resolution no. 24).--- Discussed the recommendation of Special Counsel Cron in the Claudio certiorari proceeding (see resolution no. 27). 12:20 P.M. - Justice Edwards asked for assurance that the twigs for trash proposal would be at no cost to Fishers Island, and Supervisor Harris assured him there would be no cost to Fishers Island.---Discussed a letter from the Fishers Island Civic Association concerning the disagreement on certain issues between their Harbor Committee and Harbormaster Clavin's Harbor Advisory Committee, made up of people to live on the harbor. A letter will be sent to the Civic Association advising them that Mr. Clavi~ is a Town employee, and the Town Board will listen to his input before taking a position on any matter concerning the harbor. Justice Edwards said Mr. Clavin has been the best Harbormaster Fisher Island has ever had and is doing a superb job.---The Board placed resolution no. 25 on the agenda to spend a sum not to exceed $400.00 for advertising the Scenic Roads meeting to be held on June 10th in East Marion.---The Board then reviewed the proposed resolutions to be voted on at the 7:30 P.M. Regular Meeting. 1:05-P.M. - Work Session adiourned. REGULAR MEETING A Regular Meetin9 of the Southold Town Board was held on Tuesday, June l, 1993, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Harris opened the meeting at 7:30 P.M.,-with the Pledge of Allegiance to the Flag. Present: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman George L. Penny IV Councilman Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Town Clerk Judith T. Terry Tewn Attorney Harvey A. Arnoff SUPERVISOR HARRIS: I need a motion to approve the audit of the bills from June.. 1, 1993. JUNE 1, 1993 117 Moved by Justice Edwards, seconded by Councilman Lizewski, it was RESOLVED that the followincj bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $49,917.31; General Fund Part Town bills in the amount of $5,091.59; Nutrition Fund bills in the amount of $2,550.40; Adult Day Care bills in the amount of $218.00; SNAP Program bills in the amount of $1,189.69; EISEP Program bills in the amount of $253.40; Community Development Fund bills in the amount of $356.20; Highway Fund Whole Town bills in the amount of $4,838.56; Highway Fund Part Town bills in the amount of $40,781.63; Ag Land Development Rights bills in the amount of $180,182.00; Human Resources Center bills in the amount of $2,751.14; Employee Health Benefit Plan bills in the amount of $19,591.32; Fishers Island Ferry District bills in the amount of $83,697.85; Fishers Island Sewer District bill~ in the amount of $11.57; Southold Agency & Trust bills in the amount of $4,977.74; Fishers Islanc] Ferry District Agency & Trust bills in the amount of $493.49. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I need a motion to approve the minutes of May 20, 1993, Southold Town Board meeting. Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the minutes of the May 20, 1993, regular Town Board meeting be and hereby approved. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I need a motion to approve June 15, 1993, at 4:00 P.M. the next regularly Town Board meeting. Moved by Councilman Penny, seconded by Councilwoman Hussie, it was RESOLVED that the next rec~ular meetincj of the Southold Town Board will be at 4:00 P.M., Tuesday, June 15, 1993, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, .lustice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. I. REPORTS. 1. Southold Town's Disabled Monthly Activity Report for May, 1993. 2. Southold Town Supervisor's Monthly Budget Report for March, 1993. 3. Southold Town Supervisor's Monthly Budget Report for April, 1993. 4. Southold Town Community Development Monthly Report for May, 1993. 5. Councilmen's Report. 6. Supervisor's Report. II.PUBLIC NOTICES. 1. New York State Department of Environmental Conservation, Notice of Complete Application of Joseph Duggan ~o construct a variable width deck to attach to an existing single family dwelling on a parcel adjacent to Dawn Lagoon, on Snug Harbor Road, Greenport, Town of Southbld, New York. Comments to be submitted no later that June 19, 1993. 2. New York State Department of Environmental Conservation, Notice of Complete Application of Thomas W. Buckner to construct two additions to an existing single family dwelling and relocate existing septic tank on a parcel adjacent to West Harbor, Fishers Island. Comments on this project must be received no later than June 19, 1993. III. COMMUNICATIONS. 1. Mary J. Dewey, Chairman of the Eastern Long Island Hospital Auxiliary, Southold-Peconic Branch, with thanks for the use of the Recreation Building for the annual plant sale. IV. PUBLIC HEARING. 1. 8:00 P.M., "A Local Law in Relation to Shellfish". V. RESOLUTIONS. SUPERVISOR HARRIS: At this time, before we go into the business of the evening, are there any members of the audience, that would like to address this Board on any issue that may be pertinent, as far as resolutions that we'll be enacting in the next few minutes? (No response.) Hearing none, why don't we start off with Judge Edwards? 1.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby c~rants permission to Raymond Cleave Post 861, American Lec~ion, Mattituck, New York, to use the following Town Roads for their Memorial Day Parade, beginning at 8:30 A.M. . Monday, May 31, 1993, provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured: Pike Street, .Wickham Avenue, Westphalia Avenue, and Love Lane. 1.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 2.-Moved by Councilman W~ckham, seconded by Justice Edwards, it wa§ RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $13,800.00 as a reduced performance bond, from the present $47,910.00 bond, for TooBee Realty, an approved subdivision on Lighthouse Road, Southold, New York, all in accordance with the recommendation of the Southold Town Planning Board. 2.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 3.-Moved by CoUncilman Penny, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby amends their resoltuion no. 5, adopted on March 24, 1992, by adopting a supplemental bond estimate for Summit Estates, major subdivision at East Marion, in two (2) phases: Phase I estimate in the amount of $289,445.00, and Phase II estimate in the amount of $169,030.00, all in accordance with the recommendations of the Southold Town Planning Board and Engineering Inspector Richter. 3.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 4.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby amends their resolution no. 32, adopted on April 10, 1992, by reducing the approved bond estimate from $319,730.00 to $288,500.00 for The North Forty, a major subdivision at Cutchogue, New York, all in accordance with the recommendations of the Southold Town Planning Board and Engineering Inspector Richter. 4.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 5.-Moved by Councilman Penny, seconded by Justice Edwards, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 4th day of May, 1993, a proposed Local Law entitled, "A Local Law in Relation to Building Setbacks Adjacent to Water Bodies and Wetlands"; and WHEREAS, this proposed Local Law was referred 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 4:32 P.M., Tuesday, June 15, 1993, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearinc~ on the aforesaid proposed Local Law which reads as follows: JUNE 1, 1993 119 A Local Law in Relation to Building Setbacks Adjacent to Water Bodies and Wetlands 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: 1. Section 100-239.4(A)(3) is hereby added to read as follows: 3. Builidngs which are proposed landward of existin9 principal dwellings shall be exempt from the requirements set forth in A(1) and A(2) hereof. 2. Section 100-239.4(C) is hereby amended to read as follows: C. All buildings located on lots adjacent to any freshwater body shall be ret back not less than seventy-five (75) feet from the edge of such water body or not less than seventy-five (75) feet from the landward edge of the freshwater wetland, which ever is greater. The followin9 exception will apply. 1. Lands which are not bulkheaded and are subject to a determination by the Board of Town Trustees uno]er Chapter '97 of the Code of the Town of Southold. II. This Local Law shall take effect upon its filing with the Secretary of State. * Underscore represents addition(s) 5.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 6.-Moved by Councilman Lizewski, seconded by Justice 'Edwards, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 4th day of May, 1993, a proposed Local Law entitled, A Local Law in Relation to Excavations"; and WHEREAS, this proposed Local Law was referred 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 ~1:35 P.M., Tuesday, June 15, 1993, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearinc, l on the aforesaid proposed Local Law which reads as follows: A Local Law in Relation to Excavations BE IT ENACTED, by the Town Board of the Town of $outhold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended to read as follows: I. Section 100-239~1 (Excavations) is hereby amended to read as follows: No exca;vation of any kind shall be permitted except in connection with the construction in the same lot of a building for which a building permit has been duly issued. IN the event that a building operation is.arrested prior to completion and the building permit therefor is allowed to lapse, within six (6) months after the date of expiration of such permit, the premises shall be cleared of any rUbbish or other unsightly accumulations, and topsoil shall be replaced over all areas from which such soil may have been removed:' Any excavation for a basement or foundation with a depth greater than three (3) feet below grade shall be either filled or surrounded by a substantial fence adequate to deny children access to the area and adequately maintained by the ho[der-of ~He ~ owner of the pr~mises. II. This Local Law shall take effect upon its filing with the Secretary of State. * Overstrike represents deletion(s) ** Underscore represents addition(s) 6.-Vote of the Town Board:, Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 7.-Moved by Justice Edwards, seconded by Supervisor Harris, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 4th day of May, 1993, a proposed Local Law entitled, "A Local Law in Relation to Special Exception Uses"; and WHEREAS, this proposed Local Law was referred 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 4:37 P.M., Tuesday, June 15, 1993, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the aforesaid Local Law which reads as follows: A Local Law in Relation to Special Exception Uses 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: 1. Section 100-262 is hereby amended to read as follows: Bo Prior to taking action on any special exception use,~He B~ I'm'~in~j-j~t~'fs~fic*fott ~he~'eof~ the Zoning Board of Appeals shall schedule a public hearing within forty-five (45) days after determination that the application is complete. Within sixty (60) days following the close of the public hearing, the Board shall render a decision on the application. Effect of approval. A special exception approval issued in accordance with the provisions of this Article shall authorize only the special exception use for which the approval is granted. No use which is not a special exception use hereunder shall be authorized by any such approval. The approval may include reasonable conditions which ~he l~ the Zoning Board of Appeals determines to be necessary or appropriate to ensure that the applicable general and specific standards and safeguards set forth in this chapter for the use can and will be met and/or adhered to. A special exception approval shall be valid for a period of six' (6) months but may be extended for one (1) additional six-month period by the i~-s~ B-o~ Zonin9 Board of Appeals within the requirement of new public notice of hearing. A continuing or permanent land use authorized by a special exception approval which use is undertaken or begun during the period of validity of such approval shall thereafter be deemed a lawful use as if the same were permitted by this chapter without need for a special exception permit; provided, however, that: All conditions imposed by the special exception approval- shall continue to apply unless they, by their express terms, are of limited duration. All conditions imposed on special exception approval uses generally or specifically by this chapter shall continue to apply, regardles~ of whether any Such conditions were expressly incorporated into the special exception approval. The I~ v~rti~:~- fs-stte~ the apl~-Zoning Board of Appeals shall retain continuing jurisdiction over the same. Do Violatiens of conditions. A violation of any limitation or condition of a special exception approval or of any provision of this chapter applicable to a special exception use shall constitute a violation of this chapter. The B~ wbri~dn- a~ an3~' ~p,~:'fa'l-ex~:el~t'f~n ~e-Zoning Board of Appeals shall retain jurisdiction and shall have the right, after a public hearing, to moaify, suspend or revoke such approval or any term or condition thereof or to impose thereon one (1) or more new conditions, all on the following grounds: JUNE 1, 1993 121 2. Section 100-263 is hereby amended to read as follows: No special exception approval shall be granted unless the 13~ h~Rn~j- j~ri~i~ ~he~o~ Zoning Board of Appeals specifically and determines the following: 3. Section 100-265 is hereby amended as follows: finds In deciding on any application for a special exception use, the 13~ h~'~in~j- ~ri~o~ ~1~ Zoning Board of Appeals may impose such conditions and safeguards as it deems necessary or appropriate to preserve and protect the spirit and the objectives of this chapter. II. This Local Law shall take effect upon its filing with the Secretary of State. * Overstrike .represents deletion(s) ** Underscore represents addition(s) 7.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilman Wickham. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I'm always willing to set a public hearing to allow the public to speak in reference to any amendment, that we make to the Code. 8.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followinc~ budget modification to the General Fund - Whole Town 1993 Bud~]et to appropriate Park and Recreation funds for the Peconic Lane Park sign: To: Revenues: A2025 Special Recreation Facilities $ 350.00 Appropriations: A7110.2 Parks, Equipment $ 350.00 8.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. '9.-Moved by Councilwoman Hussie, seconded by Councilman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for a Custodian for Southold Town .Hall at a. salary of $22,882.76 per annum. 9.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris, This resolution was declared duly ADOPTED. 10.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the follOwincj 1993 Budget modification to the General Fund - Part Town to transfer donated funds for D.A.R.E. Fundraiser T-Shirts from Agency & Trust: To: Revenues B2705 Gifts & Donations $ 720.00 Appropriations B3157.4 Juvenile Aide Bureau, Contractual Expenses $ 720.00 10.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, SuperVisor Harris. This resolution was declared duly ADOPTED. ~ SUPERVISOR HARRIS: Again, I'd like to go on record saying, what a great job our D.A.R.E. Instructors have done, Detective Wilsonr and of course, 'Police Officer Henry Santacroce. There's nothing but praise from the schools, and from the children who received this instructioo and course, throughout the year, and any gifts and donations, that come in, are gratefully accepted to help D.A.R.E., and educate our young people to just say, no to drugs, especially when it comes to alcohol abuse, that ~s rampart in many areas throughout our East End towns. 11.-Moved by Councilwoman Hussie, seconded by Councilman Wickham, it was RESOLVED that the application of Phylis A. and Robert A Graeb for a permit to locate a watchman trailer on their property at 22425 County Route 48, Cutchogue, be and hereby is c~ranted for a six (6) month period. 11.-Vote of the Town Board: Ayes: Councilwoman Hussier Councilman Lizewskir Councilman Wickham, Councilman Penny, Justice Edwardsr Supervisor Harris. This resolution was declared duly ADOPTED. 12.-Moved by Justice Edwards, seconded by Councilman. Wickham, it was RESOLVED that the Town BOard of the Town of $outhold hereby grants permission to the Cutcho~ue Fire District to install a fire siren at the Southold Town Landfill, County Route 48, Cutchogue, New York. 12.-Vote of the Town Board: Ayes: Councilwoman Hussier Councilman I_izewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: We're always glad to help out the districts, when it comes to safety of our citizens, and this is one way the Town can certainly participate to help out the district. 13.-Moved by Councilman Penny, seconded by Councilman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby adopts a new form~ Certificate of Determination (CD-6/1/93) to be used by the Southold Town Building Department. ~ 13.-Vote of the ~l'own Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilman Wickham. This resolution was declared duly ADOPTED. COUNCILMAN WICKHAM: I don't think that the form should be a open-ended permit, that basically has no sunset to it. SUPERVISOR HARRIS: This form would be very similar to the Certificate of Occupancy, which is issued by the Town, which also has no date, and runs forever with the structure of which it's issued to. So, there's absolutely no difference between these forms. 14.-Moved by Councilman Lizewski, seconded by Justice Edwards, 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 wil'l be no sic~nificant effect on the environment. DESCRIPTION OF ACTION: Amendment~ to Chapter 100 (Zoning) of the Code of the Town of Southold by adding another provision to Use Regulations (One-family detached dwellings, not to exceed one (~) dwelling on each lot.) A proposed "Local Law in Relation to Detached Dwellinc~s". This 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 tl~at no significant adverse effect to the environment is likely to occur should the proposal be implemented as planned. 14.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED~ 15.-Moved by Justice Edwards, seconded by Councilman Wickham, WHEREAS r there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local l_aw in Relation to Detached Dwellinc~s"; now, therefore, be it JUNE 1, 1993 123 RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this proposed Local Law to the Southold Town Planninc~ Board and Suffolk County Department of Plannin9 for their recommendations and reports, all in accordance with the Southold Town Code and Suffolk County Charter. This proposed Local Law reads as follows: .A Local Law in Relation to Detached Dwellings 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 fo!lows: 1. Section 100-101 (B) (Use Regulations) is hereby amended by adding the following: 15. One-family detached dwellings, not to exceed one (1) dwellinc~ on each lot II. This Local Law shall take effect upon i.ts filing with the Secretary of State. * Underscore represents addition(s) 15.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 16.-Moved by Councilman Wickham, 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 deter- mined that there will be no significant effect on the environment. DESCRIPTION OF ACTION: Amendment to Chapter 100 (Zoning) of the Code of the Town of Southold with regard to the dimensions of entries and porticos and permitted projections. A proposed "Local Law in Relation to Exceptions to Yard Requirements ~ This 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. 16.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 17.-Moved by Councilman Wickham, seconded by Justice Edwards, 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 Exceptions to Yard Requirements"; 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 Plannin9 Board and Suffolk County Department of Planninq for their recommendations and reports, all in accordance with the Southold Town Code and Suffolk County Charter. This propose.d Local Law reads as follows: A Local Law in' Relation to Exceptions to Yard Requirements 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: 1. Section 100-230 (C) (Exceptions and Modifications) is hereby amended as follows: (2) Entries and porticos. A r~ofed-over but unenclosed projection in the nature of an entry or portico, not more than ei~l~ ~8} six (6) feet wide and extending not more than si-x--(-~]- five (5) feet out from the front wall of the building, shall 1Se exempt from the requirements of this section when the building otherwise complies with the regulations of this section. In computing the average setback, the presence of such entries and porticos shall be ignored. 1 2 4 J.NE 1, .93 (3) Permitted projections. In any district, chimneys on residential, public or semipublic buildings may project into a required yard to the extent of not more than two (2) feet. In any residential district, terraces or steps uf~-~v~,r~--'~ por~- may project into any required yard, provided that no part thereof is nearer than four (4) feet to any lot line. II. This Local Law shall take effect upon its filing with the Secretary of State. * Overstrike represents deletion(s) ** Underscore represents addition(s) LEGISLATIVE INTENT -To bring about consistency with other parts of the Code. Conflicts with building area in Section 100-13. 17.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 18.-Moved by Councilwoman Hussie, seconded by Councilman Wickham, WHEREAS, there has Been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Fees for Sign Permits"; 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 Plannin9 Board and Suffolk County Department of Plannin9 for their recommendations and reports, all in accordance with the Southold Town Code and Suffolk County Charter. This proposed Local Law reads as follows: A Local Law in Relation to Fees for Sign Permits 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: 1. Section 100-201 (Applicability; permit required; applications; approval; fees.) is hereby amended by deleting the following subsection in its entirety: No--~i gf~- -per-m ~ ~+-b e- i s s ueet-l~r+o~-t-e~ -i~ay men-t of a ~t~ty fi~~~ ~ua~e foot ~ ~g~ ~, ~t i~ ~ ~n~-sh~H s~ ~ II. This Local Law shall take effect upon its filing with the Secretary of State. * Overstrike represents deletion(s) LEGISLATIVE iNTENT - To bring about consistency with other parts of the code. Conflicts with 100-281(G). 18.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 19.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Qualtiy 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: Amendment to Chapter 100 (Zoning) of the Code of the Town of Southold with regard to .cooking facilities in hotels or motels. A proposed "Local Law in Relation to Hotel or Motel, Resort". This 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. 19.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. JUNE 1, 1993 125 20.-Moved by Councilman Lizewski, seconded by Supervisor Harris, 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 Hotel or Motel, Resort"; 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 Suffolk County Department of Planning for their recommendations and reports, all in accordance with the Southold Town Code and Suffolk County Charter. This proposed Local Law reads as follows: A Local Law in Relation to Hotel or Motel, Resort 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: 1. Section 100-13 (Definitions) is hereby amended by adding thereto the following: HOTEL OR MOTEL, RESORT - A building or group of buildings, whether detached or in connected units, containing individual guest units consisting of a room arranged or designed to be available for use as sleeping quarters for transients on a daily rental basis or for vacationers or other persons on a weekly rental basis, provided that one (1) such unit may connect directly with not more than (1) other such unit. Each unit shall have a door opening on the exterior of the building or on a common hallway leading to the exterior. Each unit may be equipped with cookin9 facilities. In permittin9 the installation of cookinq facilities, however, the Town Board wishes to insure that resort motels or hotels do not become permanent residences. To assist in preventincl this occurrence, periodic 'nspections of these premises by the Buildin9 Inspector as well as the filing of covenants and restrictions restrictin9 these facilities from becomin9 permanent residences shall be required by the Town in 9ranting approval for this use. A "resort motel" may include such accessory uses as a I~each cabana, private dock, dining room, restaurant or swimming pool, conference and meeting facilities or an accessory convenience shop, office or personal service facility, provided that such facility or shop is located within the building without.any external sign or display and off-street parking facilities. The term "resort motel" shall not be construed to include "transient motel" or "mobile home park." II. This Local Law shall take effect upon its filing with the Secretary of State. 20.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 21 .-Moved by Justice Edwards, seconded by Supervisor Harris, 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: Amendment to Chapter 100 (Zoning) of the Code of the Town of Southold by adding definitions for bulkhead and retaining wall. A proposed "Local Law in Relation to Definitions". This 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. 21.-Vote of the Town Board: Ayes: Councilwoman Hussie, CoUncilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ~DOPTED. ~ 12 6 U.E1, 1993 22.-Moved by Justice Edwards, seconded by Councilman Wickham, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Definitions"; 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 Plannin9 Board and Suffolk County Department of Planning for their recommendations and reports, all m accordance with the Southold Town Code and Suffolk County Charter. This proposed Local Law reads as follows: A Local Law in Relation to Definitions 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: 1. Section 100-13 (Definitions) is hereby amended by adding thereto the following: BULKHEAD - A structure or barrier the intended use for which is to separate and act as a barier between earthen material and water. RETAINING WALL - A structure or barrier the intended use for which is to separate and act as a barrier between two areas of earthen material. II. This Local Law shall take effect upon its filing with the Secretary of State. 22.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 23.-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints John Raynor provisionally as a Public Safety Dispatcher III, effective June 1, 1993, at a salary of $32,373.31 per annum. SUPERVISOR HARRIS: This position already exists. Mr. Raynor qualifies, because of his job statement, for this next title. It's a promotional title, which he has received from Civil Service. The salary, obviously, is the same until negotiations start next year in reference to the C.S.E.A. contract. 23.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 24.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of George C. Hansen, 11 Hutchinson Avenue, Farmingdale, New York, as a Hearing Officer for an Evidentiar¥ Hearing in regard to a Police Officer; all costs related to this Evidentiary Hearing to be approved by the Town Attorney. 24.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 25.-Moved by Councilwoman Hussie, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes advertisements in The Lond Island Traveler-Watchman and The Suffolk Times, at a total cost not to exceed $400.00, for the June 10, 1993 public meeting to held by the Transportation Group of the North Fork Planning Conference and the Stewardship Task Force at the. East Marion Cammunity Chapel, Main Road, East Marion, with regard to the subject of Scenic Road Designation for Route 25 from Main Street, Greenport to Orient Point. 25.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This re~olution was declared duly ADOPTED. 26.-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Beverly Norkelun from her position of Van Driver .under the Nutri- tion Program, effective May 21, 1993. 26.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 27.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Special Counsel Richard J. Cron to accept the proposed settlement with respect to the William F. Claudio, Inc. v. Assessors certiorari proceeding, all in accordance with the recommendation of Mr. Cron and the Southold Town Board of Assessors. 27.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: We have a public hearing scheduled for 8:00 o'clock. The public hearing, which is scheduled for 8:00 is a "Local Law in Relation to Shell- fish". We'll take a five minute recess. Moved by Councilwoman Hussie, seconded by Justice Edwards, it was RESOLVED that a recess be called at this time, 7:55 P.M., for the purpose of holdin9 a public hearin9. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Meetincj reconvened at 8:05 P.M. SUPERVISOR HARRIS: Does the Board wish to act on this Local law change? 28.-Moved by Councilman Wickham, seconded by Supervisor Harris, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 20th day of May, 1993, Local Law No. 7 - 1993 entitled, "A Local Law in Relation to Shellfish"; and WHEREAS, a public hearing was held on this proposed Local Law on the 1st day of June, 1993, at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that Local Law No. 7 - 1993 be enacted as follows: LOCAL LAW NO. 7 - 1993 A Local Law in Relation to Shellfish I. Chapter 77 (Shellfish) of the Code of the Town of Southold is hereby amended to read as follows: 1. Section 77-205E (Clams) is hereby amended to read as follows: Not more than o~e-t~nousar~d-(~;0t)0) two thousand (2,000) t~-~le ~ hard clams may be taken from town waters for commercial purposes in any one (1) day by and one (1) person. Two (2) or more persons occupying the same boat may take, in aggregate, not more than ~w*)~½ous~ (-2-;-0~1~) four thousand (4,000) I~-~le ~ hard clams in one (1) day for commercial purposes. II. This Local Law shall take effect upon it's filing with the Secretary of State. * Overstrike represents deletion(s) ** Underscore represents addition(s) 28.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOP-TED. SUPERVISOR HARRIS: I'd like to just comment, that this change in the Code in Relation to Shellfish is actually a restriction on the harvesters of shellfish, that have commercial permits. In the past they were allowed to take 1,000 little neck clams, which is, of course, the smallest legal clam, that you're allowed to take in the State of New York, and an unlimited amount of clams larger than that, being cherrystones, and chowders. In this change they are now allowed to take 2,000 clams, . period, regardless of whether they're little necks, cherrystones~, hard clam, chowder, and in this case is in the form of conservation, letting the seed beds produce more clams, and limiti, ng the amount of clams, that are being taken on a daily basis in our Town waters. At this time, are there any members of the audience, that would like to address this Board on any issue, which you feel may be pertinent, that we should have knowledge of? RAY BLUM: I'm Ray Blum from Cutchogue. Supervisor Harris and members of the Town Board, I would like to read this letter, that I have. I would like to take this opportunity to respond to the letter and petition forwarded to your office by Mr. Levin in reference to US/UK Task Force recommendations for wineries, and it's subsequent effect on my re-zoning application. Mr. Levin's letter joins both my re-zoning application and the Task Force recommendations and implies that any action to modify the wineries sales room abilities will stifle and force existing resturants out of business. When in fact the wineries have been operating harmoniously with retail wine and liquor stores both selling local wine for over a decade and have been the major industry responsible for increasing tourism on the East End and bringing business to the resturants. My re-zoning application should not be confused with the recent Task Force recommendations regarding wineries. All the other wineries are located in and surrounded by other agricul- tural zoned properties often having sold their development rights. My property is currently zoned Office-Residential not Agricultural-and is situated in predomi- nantly business zoned area. A zone change on my property is completely indepen- dent of other wineries and is located by its unique location and existing zoning. It would be virtually impossible and inappropriate for the other wineries to secure a zone change from agricultural to business. Additionally-as you are aware, the Suffolk County Planning Board has declared my petition to have no adverse effect. The Consulting firm Cramer, Voorhis & Associates hired by the Town of $outhold has declared "the exisitng site seems incongruous with the purpose of the R-O Zoning, given the fact that the area is not essentially residential. It is noted that the Master Plan Update outlines the Genera| Business in the Land Use Plan. Given the foregoing facts relating to land use and zoning, the present site zoning could be considered for modification. Once again this is not to be confused with Task Force Recommendation. I fail to see why my re-zoning application has been tabled awaiting a town wide poll on those recommendations which have nothing to do with my request. It is a zone apphcat,on for one spec.f.c parcel and not comb.ned ,n any way with any of the other wineries or businesses on the North Fork. A favorable decision would not set any precedents in relation to other wineries because of the uniqueness of my current property location, status and zoning. The Town B~ard should consider my application on its own merits and not further confuse it with the Task Force Recommendation. Thank you. SUPERVISOR HARRIS: Are there any other members of the audience, that would like to address any issue at this time? (No response.) If not, are there any ~members of the Town Board that would like to addres anything at this time? JUSTICE EDWARDS: I want to say on Fishers Island it was a big weekend for us this past weekend. The tennis courts are finally completed. I have pictures up there, if anyone wants to see them. Our boat launching ramp has been dredged. The Town of Southold can safely come ashore the first Wednesday in August. Also, the traffic on the Island was horrendous this weekend. Over four hundred cars came over f~om the Connecticut shore between Friday and Saturday. In talking to Phil Knauff this afternoon, the boat was still getting back off the Island. Coming here, as I did on Monday, I could not get a reservation, on the Long Island boat out of New London. I called up on Friday, and all the reservations were booked from 9:00 in the morning until 9:00 at night, and that's a boat leaving every hour. Luckily, I got on standby, and did get over here early Sunday afternoon. The' East End is starting to pick up for. the summer trade. SUPERVISOR HARRIS: In closing, I'd iike to say that Memorial Day weeken~d seems to be a huge success according to the number of businesses, that I had talked to, and the number of people that frequented this town. I was in the Memorial Day parade, which took place at the Southold.American Legion starting from Boisseau Avenue right down Route 25 on the main corridor here, and I've never seen so many people attend a parade as were available this year on the sidewalks and sidelines, some being six and eight deep. It shows the tremendous amount of people, that came into the township. Talking to many of the veterans f who have been in many parades, like myself, they also commented that they had never seen this many people in the town attending a parade, even as many as show up in Southampton for the Memorial Day parade. So, I think if that's any indication of the things to come, or the signs of the ~times for Southold in the summer of 1993, with weather permitted, such as the nice weekend that we had, the small JUNE 1, 1993 129 businesses, which are the lifeblood of this town, should do very nicely, and hopefully will come try to come out of some of economic slump, and conditions, that they've incurred during the last few years due to the weather, and of course, the recessionary times that we've been in. But, this is the official kickoff, as far as I'm concerned, to the summer season, and the number of people that have been coming to the town on weekend has been increasing, and it's good to see the signs from the businesses, that things are on the increase. With that, I'd also like to mention that former Assessor Charlie Watts is ill. He is currently in the Eastern Long Island Hospital with some severe problems. Hopefully, with God's speed, and a prayer by everyone, that Charlie will quickly heal, and be back with us again enjoying the summer season. Other than that, I'd like to wish everyone a nice evening, and thank you for-participating, and I need a motion to adjourn. Moved by Justice Edwards, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 8:15 P.M. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Judith T. Terry ~ Southold Town Clerk