HomeMy WebLinkAboutTB-06/16/19921
SOUTHOLD TOWN BOARD
JUNE 16. 1992
EXECUTIVE SESSION
9:45 A.M. - On motion of Councilman Penny, seconded by Councilwoman Hussie, it
was Resolved that the Town Board enter into Executive Session. Vote of the Board:
Ayes: Supervisor Harris, Justice Edwards, Councilman.Penny, Councilman Wickham,
Councilwoman Hussie. Also present: Town Attorney Arnoff, Assistant Town
Attorney Kiernan, Town Clerk Terry. Absent: Councilman Lizewski (meeting with
County Executive Gaffney).---The Board met with Board of Assessment Review
Chairman John Sullivan to discuss salary negotiations.
10:05 A.M. - The Town Board met with Recreation Supervisor Kenneth Reeves to
· discuss the proposed construction of tennis courts on the property the Town is
leasing from the Fishers Island School. Justice Edwards has received a proposal
to fix both courts which would come in well under the bid requirements, and he and
Recreation Supervisor Reeves to discuss the proposal further with the company in
question.
10:20 A.M. - For Discussion Items: (1) Receipt of a letter from Joseph Gergela,
Executive Secretary of the Long Island Farm Bureau, Inc., transmitting a proposed
charge for .the proposed Agricultural Advisory Committee,. and people he would like
to see appointed to the committee. Supervisor Harris will contact those individuals
to determine whether they are willing to serve on the committee. (2) Memorandum
from the Planning Board concerning reseeding on the lot at the northwest corner
of County Route 48 and Cox Lane, Cutchogue. Town Attorney Arnoff will respond
that moving the soil about the property is not a violation of the soil excavation law,
as long as it is not removed from the property. (3) Item from Councilman Lizewski
relative to the Town sponsoring appraisals for properties around Laurel Lake. Due
to his absence, this will' be discussed by Councilman Lizewski at the June 30th work
session. (4) Reappointment of a member of the Water Advisory Committee.
Councilman Wickham asked that this be held until July 30th. (5) Reappointment
of Andre Cybulski, Jr. and Douglas M. McGahan to the Land Preservation Committee
(see resolution no. 24). Charles L. Lauer, a member of that committee, did not
seek reappointment,-therefore the Town Clerk was authorized to advertise for
resumes--for a new member (see resolution no. 25). (6) Discussed amending the
Peddling &-Soliciting law making it a require for all organizations to register with
the Town Clerk (see resolution no. 26). (7) Formation of a solid waste district was
placed on the agenda for discussion ,by Supervisor-Harris, but is being held for
another time. (8) Proposal to place a dumpster at the Fishers Island Yacht Club
(see resolution no. 27). (9) Supervisor Harris advised the Board that he has been
advised by Kevin Crawford, Association of Towns, that discussions are continuing
in the State Legislature with respect to' the creation of a 1992 Environmental Trust
Fund, which fund would include grants for solid waste management, acquisition of
open space, and park land. He asked for the Board's permission to send a letter
to Senator Owen Johnson and Assemblyman Maurice Hinchey, sponsors of the bill,
asking them to consider amending the proposed legislation to provide moneys to
implement recommendations of the Governor's Task Force on Coastal Resources,
particularly activities that implement apProved Local Waterfront Revitalization
Programs and Harbor Management Plans. (10) Memorandum for S~:ott A. Russell,
Chairman of the board of Assessors, providing information ~on Exemption 485-B, a
program that gives businesses a sliding scale tax 'exemption over a ten year period
on new construction.
EXECUTIVE SESSION
11:40 A.M. - On motion of Councilwoman Hussie, seconded by. Justice Edwards, it
was Resolved that the Town Board enter into Executive Session. Vote of the Board:
Ayes: Supervisor' Harris, Justice Edwards, Councilman Penny, Councilman Wickham,
Councilwoman Hussie. Absent: Councilman Lizewski. Also present: Town Attorney
Arnoff, Assistant Town Attorney Kiernan, Town Clerk Terry.---The Town Board
discussed contract negotiations, and possible acquisition of property.
:20 P.M. - Work Session adjourned.
REGULAR MEETI~IG
A Regular,Meetinc~ of the Southold Town Board was held on Tuesday, June
16,1992, 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:
Absent:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Town Clerk Judith' T. Terry
Town Attorney Harvey A. Arnoff
Councilman George L. Penny IV
SUPERVISOR HARRIS: I'd like to have a moment of silence for a former Town
'employee, Robert Hood, who passed away this week. Robert Hood was besides
from being a traffic officer, he was also a court officer. He was employed by
this Town for many, many years, so could we have a moment of silence. He was
a member of the CAC, also, for many years. Thank you. Before we move on
to resolutions, are there any members of'the audience, that would like to address
this Board on any resolution, that we'll acting upon in the next few minutes? (No
response.) If not, we'll move on to the schedule for the evening. I need a motion
to approve the audit of the bills of June 16, 1992.
Moved by Justice Edwards, seconded by Councilwomna Hussie, it was
RESOLVED that the following audited bills be and hereby ordered paid: General
Fund Whole Town bills in the amount of $102,530.06; General Fund Part Town
bills in the amount of $49,216.65; Nutrition Fund bills in the amount of $5,053.08;
Adult Day Care bills in the amount of $72.15; SNAP Program bills in the amount
of $2,159.27; EISEP Program bills in the amount of $291.00; Community Development
Fund bills in the amount of $234.05; Highway Fund Whole Town bills in the amount
of $19,740.51; Highway Fund Part Town bills in the amount of $170,245.68; CHIPS
(Highway Part Town) 'bills in the amount of $.20,791.25; Scavenger Waste Facility
bills in the amount of $214.67; Employee Health Benefit Plan bills in the amount
of $25,522.49; Fishers Island Ferry District bills in the amount of $83,108.54;
Southold Wastewater District bills in the amount of $1,327.00; Fishers Island Sewer
District bills in the amount of $147.51; Fishers Island Ferry District Agency &
Trust bills in the amount of $83.64.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: We need a motion to approve the minutes of June 2, 1992,
regularly scheduled 'Town Board meeting.
Moved by Councilwoman Hussie, seconded by Justice Edwards, it was
RESOLVED that the minutes of the June 2, 1992, regular Town Board meeting
be and hereby approved.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: We need a motion setting the next regularly scheduled
Town Board meeting for June 30, 1992, at 4:00 P.M.
Moved by Councilman Wickham, seconded by Justice Edwards,. it was
RESOLVED that the next regular meetinc, l of the Southold Town Board will be
held at 4:00 P.M., Tuesday~ June 30, 1992, at the Southold Town Hall, Southold,
New York.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, .
Councilman Wickham, Justice Edwards, Supervisor Harris. '
This resolution' was declared duly ADOPTED.
3
I. REPORTS.
May,
1. Lawrence Healthcare CSEA Benefit Report for May, 1992.
2. Lawrence Healthcare PBA Benefit Report for May, 1992.
3. Southold Town Justice Tedeschi Court Report for May, 1992.
4. Southold Town Scavenger Waste Treatment Facility Monthly Report for
1992.
5. Southold Town Dog Shelter Monthly Report for May, 1992.
6. Southold Town Police Department Monthly Report for May, 1992.
7. Councilmen's Report.
8. Supervisor's Reports.
II. PUBLIC NOTICES.
1. New York State Department of Environmental Conservation, Notice of
Complete Application of New York State Department of Transportation to install
drainage structure pipes, catch basins and an overflow pipe to a pond for the
purpose of draining storm water runoff from Route 25. The project is located
in the vicinity of Aldrich Lane in the Village of Laurel, Suffolk County, New York.
Comments to be submitted no later than July 12, 1992.
III. COMMUNICATIONS.
1. Richard C. Hilary, Chairman of the Stewardship Task Force, coveying
his appreciation of his appointment to the Southold Town Stewardship Task Force.
IV. PUBLIC HEARINGS.
1. 8:00 P.M. on the question of acquisition of Development Rights in the
Agricultural lands of Berkman & other, Courteney and Dickerson.
V. RESOLUTIONS.
SUPERVISOR HARRIS: Councilman Penny will not be with us this evening, so
hi~ wanted to make sure that he extends his apologizes for not being here. Yes?
INGEBORG FLYNN: I don't know that resolution Number 13 was on your schedule.
I would like to comment.
SUPERVISOR HARRIS: You can comment now, if you like, because we'll be acting
upon it, or after it. It' up to you, whatever you'd like to do.
INGEBORG FLYNN: I only heard about that this afternoon, and I do have my
own opinion about the law in relation to zoning of home occupancy, and I think
this is what it is about. My name is Ingeborg Flynn, and I'm a resident of the
town of Southold, and I'm working in the town. I'm a real estate broker for the
past twenty-three years, and a real estate appraiser, and I would like to tell you .
that in my opinion it is that the Town Board is duty bound to provide for, and
protect the general welfare. An enactment of this litigation represents an
organized group of minority at the expense of a number of the residents of the
town, who are against this. The legislation effectively eliminates residential
zoning in Southold, and when a banking institution will hear about this, they
will most certainly look twice, and three times at the property to be appraised.
It absolutely will eliminate financing for residential property, and banking
institution, and appraisal society will become aware of that, and I assure you,
I can assure you that they will become aware of this, because I will contact them
myself. So, as a result, if you can not finance residential properties in this
town, our property values become completely destroyed, and the depressed values
of residences is evidence of today's market, there will be nothing in comparison
to the devastating effect this Home Occupation Law, or legislation will have on
the future market, and the effect on our property values. The only people, who
our Southold people can blame it on is the weakness of the Town Board. Perhaps
the sole benificiary of the Town Board action is the lumber yard from the Town
of Southold, because they will benefit from the sale of plywood to board up
unmarketable homes of the very tradesmen of this town, who asked for this
legislation. They won't have any work left, because there will not be any financing
for new construction. Then maybe competition is moving in from other towns.
They will say, well, there's somebody who absolutely has to sell his home. I'll
get a good price for it. I'll go fishing on Mondays, and Thursdays. I put my
sign out, and so I make a little money on the side. Now, if you think if some
purchaser, or some seller, would like to sell his home, that the bank is going
look favorably on financing that property, if one or two different people have
already signs out, that they are conducting a trade from their premises? No.
I can assure you it is not going to be that way, because I have tried to get
4
JUNE 16, 1992
mortgages for three years fOr prospective purchasers through banks, and through
financial institutions, and they are not going to look favorably upon that. It
is absolutely wrong, if this legislation should be passed. There were two
Councilwoman last year, who lost the election. I only wanted to bring that up.
We have gotten comments from many homes, we spe~k to-many people. We speak
to people with all sizes of homes, and all locations, and I have left my ears, and
eyes open, and I have came to the conclusion,...~that one Councilwoman was not
elected because, many people felt that she shoul'd .neyer have voted on that issue,
and the other person didn't want to try to understand that the economic wellbeing
of the town is absolutely important to the environment of the town. 'Now you
destroy the economic base of this town, which is real estate, you destroy our
environment, and how can you vote for something negative, if you know that it's
going to effect our environment. Of course, people will also look into some of
the Councilpeople on the Board here, who thought .ithey would understand real
estate values, and the effects of real estate values on this town, and also, I'm
looking to Mr. Lizewski, who said that the town, I think, I don't know if I quote
you directly, but the town should look around for space, or land, in order to
provide a small industrial, or commercial park for people,' where to Set the..
give these commercial people, or tradesman, a home where they could conduct
their business, or they could maybe leave their trucks during the daytime, but
putting these trucks, the size of a UPS truck, and signs, in a residential area,
I assure you, this town will be very effected, and I would like to really ask you,
again, to go back to the drawing board, and study, speak to appraisal societies,
speak to people, speak to professional people, if this really would effect your
town. You don't have to believe me, I'm only 23 years in the business, and I
talked to many people, but I would like to tell you that in my opinion you do a
very grave, grave decision for this town, if you pass a negative declaration on
your new legislation_, or on the environmental impact of this legislation. Thank you.
SUPERVISOR HARRIS: Thank you for your opinion. Yes?
DOROTHY PHILLIPS: My name is Dorothy Phillips. I would like a clarification
for my own purposes, since I'm not familar with the SEQRAprocesses completely.
The town was taken to court on the last Occupation Law, that you passed, and
you lost the case. I believe it was based on a technicality, that you did not follow
a SEQRAprocess. Is that correct?
TOWN ATTORNEY ARNOFF: That was one of the factors. It was a question of
whether or not the SEQRA process was filed, and I believe we have also taken under
advisement certain comments, that were made, both at public hearings, and by
the judiciary, and change the law, made certain changes in the law. I can't refer
to them in specifics, but changes were in fact made, and this is iust a step in
the SEQRA process. It's an orderly step. There will ultimately be a public hearing
on the Local Law. In other words, the people of the Town certainly, whether
or not, they wish this, or don't will have ample opportunity to public hearing.
That's part of the SEQRA process.
DOROTHY PHILLIP: Now, there was a consultant hired to examine this, and was
there not? You did hire a consultant to examine this?
TOWN ATTORNEY ARNOFF: That's correct. Yes.
DOROTHY PHILLIPS:
to the Courts with the original law?
And when
SUPERVISOR HARRIS: We have an
DOROTHY PHILLIPS: You have
this negative declaration then fit
you hired him, did you at any time, go back
appeal in process right now.
an appeal in process right now. Where does
in the steps involved in bringing a new law,
which I'm sure has in it some of the elements of the old one? What does this
negative declaration, that .you do not need an environmentai study? Is that what
it means?
TOWN ATTORNEY ARNOFF: The long form environmental impact, and the entire,
that type one type of examination need not be followed by..
DOROTHY PHILLIPS: This is what you are saying.
TOWN ATTORNEY ARNOFF: I'm not saying anthing, Mrs. Phillips, the Board
is going to be voting on that tonight, one way or the other.
JUNE 16, 1992~ 5
DOROTHY PHILLIPS: The Board will be voting on that tonight, whether a
Environmental Impact Statement, full one is not neccessary. What is the relationship
then to the legal decision? Isn't there some connection?
TOWN ATTORNEY ARNOFF: Not really, no. They are two independent, they're
parallel tracks. In other words, the law permits inconsistancies. You can go
in two directions at once. That's what the determination of the court basically
said, you should do it again, which is what we're doing. We are following the
SEQRA process in orderly fashion.
DOROTHY PHILLIPS: Does an environment impact also include an economic impact?
Is that part of the environmental? Is it a part of it, or is it not? Because there
is an environmental impact. I mean, there is an economic impact on this, on those
people in the community who are trying to sell their homes, obviously, so is there
not an economic impact involved in this environment at home study? Mrs. Flynn
says so. She ought to know.
COUNCILWOMAN HUSSIE: Parts of this have been addressed. It's not entitled
economic impact, but one of the issues, that is addressed is the impact on growth,
and character of the community of neighborhoods. Another one..
DOROTHY PHILLIPS: Economic?
COUNCILWOMAN HUSSIE: No. It's titled economic.
D.OROTHY PHILLIPS: Mrs. Flynn, can you explain?
SUPERVISOR HARRIS: Mrs. Phillips, I'm sorry, I can't let you address the audience.
If you would like to address the Board.
DOROTHY PHILLIPS: Maybe Mrs. Flynn can do it after I'm finished. Those are
the questions I'd like to have answered, and I understand a little bit. Thank you.
SUPERVISOR HARRIS: Are there any other members of the audience, that would
like to address the Board? Yes?
STEVE PERRICONE: My'name is Steve Perricone. I'm a contractor, and a real
estate investor for the past 28 years, and I guess I was present at the last hearing
on this law, that was passed, and consequently I guess there was a law suit,
that the Judge declared it illegal to pass the law, because of what we were just
talking about, the impact statement. At the last go around on this, I asked Mr.
Harris why we need this law? Contractors have been working out of their homes
in this town for the past, God knows, hundred years. Up until 1957 it was legal
to work out of your home. The fact of the matter, the grandfather clause says,
that you've been working out of your house prior to 1957, that you still can work
out of your home. Now, the other note that was brought up at that time, was
it was impossible to inforce the law of contractors working out of their homes.
I asked why. I really didn't get an answer, but I've researched it. The only
answer I could find is that, crazy as it might seem, is that most people who work
in Town Hall have businesses that they conduct out.of their home, or have family
members that conduct businesses out of their home. That includes even the chief
building inspector, and other people with families, who are even on this Board,
have businesses working out of their home. Who are illegally, by the way,
according to the Town charter, or Town rules and regulations. Not only that,
twenty to twenty-five percent of the Police Department, or people who work on
the Police Department have businesses, and they work them out of their home,
or have relatives, or sons, who illegally at the time, before this law, were working
out of their home, right down to Ray Jacobs' son, who is the Superintendent of
Highways. His son works out of his home, contracting illegally, until this law
was passed, including, from what I understand at the meeting I was at for the
committee to look into the town charter, and town rules, three people on that
board had businesses illegally, working out of their homes, and they enacted this
law. So, you ask, how do you enforce a law with, I don't know maybe 60%, I'm
only taking a number, 60% of the town employees, who have to enforce this law,
illegally run businesses out of their home? It can't be done. Of course, you
can't .enforce the law. How you going to enforce this law? The Building Department
doesn't want to enforce it, because they're working out of their homes. Police
Department don't want to enforce it. They're working out of their homes. This
is not the point. I hope, and pray, that you people are not looking into passing
a law like this, just to appease all of these people who work for the town, who
work out of their homes. I hope not. Let's go a little further with this, and
of course, if you want, ladies and gentlemen, I can prove this. I don't say
JUNE 16, 1992
anything I can't prove. I think you know me by .now. I can prove it. Asking
Mr. Harris, why this law? Asking Ellen Larson, at the time she was on the Board,
why this law? Their answer to me Was, if we have people working out their homes,
the townspeople, and the residents of the town can get their services cheaper.
Well, I looked into that, too. I'm a contractor in town, and I can prove that,
too, because of the people sitting here, the other person isn't on the Board any-
more, who by the way that Town Board membe~'"s husband worked out of his home
as a contractor illegally. Where was I? I looked into that, too, can the townspeople
get their services cheaper? Me, as a contractor, :1 looked into it. I bid against
these people, and I can tell you right now, these people's prices, their bids were
higher than mine. I got most of the jobs. I was wrong at the time. I said that
letting these people work out of their homes, they're going to be in competiOn
with us. We're not going to be able to compete with them. Their prices are going
to be lower than ours. Well, it's not true. I made a mistake. They're higher
than ours. Are they giving the townspeople, a less expensive iob? As far as
my survey says, absolutely not. All they're doing is making it harder to make
a profit. A lot of them don't have the insurances. They don't have the overhead,
that we have. That's putting more money in their pocket. I looked into it further,
and I found since this law was passed, people now are manufacturing out of their
homes. We have a sheet metal manufacturer out of his home right here out of
his home right here out of Southold development. We have a beauty parlor in
that same development. On the North Road in Mattituck, we have a fisherman,
who is blatantly retailing lobsters out of his home with big signs, and the Building
Department, of course, goes past there. People from the Building Department must
go past there three times a day, four times a day. They even saw the signs,
big red lobster signs. A man sells retail out of his home. That's not being enforced.
Other occassions I've talked to people, who have reported people to the Building
Department. In fact I, myself, reported to one of the Town Attorneys about people
working out of their home in his development, his new development. He said he's
not concerned with it. It's not going to effect him, because he's never going to
sell his house. Well, at that time before the this recession, the average American
family moved every three and a half years, whether they like it or not. Now,
because of the recession, people are moving whether they like it or not. They're
losing their homes. They can't pay their taxes, and they're moving out, and
they're moving. The banks are stuck with these houses. Let's get down to the
reason why I. say that. I talked to appraisers. Appraisers say to me, Steve,
if everyone in Southold Town can run a business out of his home, Southold Town
only has business property. There is no more residential property in $outhold
township, i don't know how I'm going to appraise this house. I haven't the
slightest idea. I talked to bank people, who give mortgages. Bank people say,
well, we haven't looked into it, but if it's brought up, and we're aware of it,
of course, we can not give a mortgage on a house, where a business is being
operated out of. It's not residential property. It's a business property. Now,
you people, of course, haven't looked into it. I don't think you've looked into
anything to tell you the truth, except for listening to George Penny, and what
he wants to do. This law is blatantly taking avantage of the property owner in
this town. Let's not look tomorrow. Let's not look next week. Let's not look
in 1993. Let's look five years down the road. I read this law quickly tonight.
Of course, I didn't have much time,~and this law says that anyone who ran a
business out of his house, or operates a business out of his house~ can put up
a sign, a two foot square sign. A two foot square sign is about, that's a foot,
that's another foot. That's a pretty big sign on his property. Well, if we have
contractors five years down the road, or people working in their house five, ten,
fifteen, twenty years down the road, and every other house, or every third house
has a s~ign out front, how are we going to sell our property? Do you think people
want to move into a neighborhood where businesses are being conducted? Of
course, not. I've been in real estate 27 years, and I can tell you right now,
you go into a residential area, supposedly residential area, don't forget Southold
now is all going to be business area, no more residential. How are you going
to sell your house to a prospective customer, or buyer, if they see three, or
four, or five, or six, businesses run out of their house? Now, since the law
has been in effect, the Building Department has not enforced that law, although
they have been aware of people blatantly breaking the new law. They haven't
done anything about it. I can prove this. If you want me to, I will. I have
records on it. Other people in business run businesses out of their house have
two, and three trucks, have material outside since this law has been enacted.
Manufacturing out of their house, there's a man on Main Bayview, who manufactures
wine racks, and tables, and everything else in his house, puts them on a truck,
Saturday and Sunday, a'nd sells them retail. Nobody sees this. I know our
JUNE 16, 1992 7
Building Inspectors live in town. I know our Police Officers go up and down
the streets. Nobody sees this. Everybody looks the other way. How are we
going to enforce this new law? It's impossible. This new law can not be enforced.
I~t's not being enforced now. There's a blatant misunderstanding of the law among
the young people, who think that they deserve to not have this overhead, and
go into business, and be able to work out of their residential property, and by
the way, residential property means that if you're renting it, living there, your
husband, your father owns it, your mother owns it, as long you're living in that
property, you can run a business out of it. We have ~ontractors come from all
over now, coming into Southold Town, running their business. As long as they
live in Southold Town, they run their business out of their residential property,
whether they rent it, or they own it. They are a legal business in other town,
in Suffolk County, Nassau County, any county in New York State. Although those
counties say, that you can't work out of house, as long as they live in Southold
Town they're legal businesses in-the whole State of New York, so they're flocking
to the town. The only people, that this can possibly benefit are your suppliers
in town, your lumberyards,iyour hardware stores, the people who provide the
materials for these businesses, not sol~ly contractors, but any business, that's
run in the town. That's all well, and good. One of the Board members owns
two lumbers yards. In fact, he enacted the law. Let's get back to the people,
who misunderstanding the law. You give the people a law, and then just figure,
well, we can do anything, the law is enacted. I can matter of fact, I can leave
my trucks. I can put material outside. I can sell from outside my house. They
think they can do everything. Consequently how are you going to enforce it?
I mean, it's going to be so tremendous in five, and ten years from now. They'll
be unenforceable as it is. It's not being enforced now, but at that time it will
be unenforceable as it is. I'm not saying what it's going to do to the value of
property in this town. We can't sell our houses now? Can you imagine. Joe,
can you imagine trying to sell your house to people who say, holy crow, I don't
want to buy your house. You've got businesses here. I wanted to live in a
residential area. Can you imagine trying to sell your house? The reality has
not been a strike until the time comes, that you want to sell you home. Not only
that, in your buyer, even if you get a buyer who wants your-house, you're not
going 'to get a mortgage from a bank. You're not going to get an appraiser. You're
going to get appraised as commercial property, business property. The banks
haven't looked into it. The local banks don't want to get involved. I talked to
them, asked them to come down here, they don't want to get involved. I've talked
to other people, banks out of the area, who give mortgages, and their answer
was absolutely no. We had to bring that up to the Board. We've never had this
before. Every piece of property is going to be business, whether you zone it
that way or not. Every single piece of property in Southold Township is going
to be business property, no more residential property, people, it's business
property, your waterfront property, your farms, your watershed'area. Everything
is going to be business property. I talked to the DEC about this.
SUPERVISOR HARRIS: Can I ask you to sum up?
STEVE PERRICONE. Sum up? I appeal to the Board now, and I know it's very
difficult to get a politician to change his mind, and to admit he was wrong, but .
I appeal to the Board now, you people rethink this law. Do some more research.
Talk to people in town, not people who want to run-out of their home, not the
Chamber of Commerce, because they don't care about this. They're business
people. They want to run their business out of their home. They want to get
out of their overhead. Talk to people, who own homes. Talk to your senior
citizens, who have all their equity, and all their savings in their homes, that
are going to lose by this, and you're going to lose by this. The town is going
to lose by this. Five, ten years down the road, if the law is enacted, we're not
going to have any more business property in town, perse as it stands right not~
as fa~' as buildings go. Everyone..I know myself, I can sell my building, I can
move into my house. Everyone is going to do it, when their lease is up. When
they can sell their building, they're going to move into their house. I talked to
the business people. They say, yeah, if everybody else does it, why can't I?
Where is your tax structure going to be, if these people don't occupy the
business property, that exists now in the town, and they just abandon them,
and you don't have anymore rentals? This gentleman up on the North Road, Mr.
Grey, he put that building up for business people. W~II, that was before this
law was enacted. I talked to some of those people. They're moving out~ as soon
as their lease is up. They're going to their houses. You have no idea, I don't
think, wha~ the impact on this town is going to be, if you pass this law. Maybe
we shouldn't listen to Mr. Penny for one time, and we should just not pass this
law. Rethink it, maybe you'll see it different. Thank you very much.
JUNE 16, 1992
SUPERVISOR HARRIS: Is there any other members of the audience, who would
like to address this Board? Yes?
JOSEPH RISTUCClA: For the record, my name is Joe Ristuccia. I'm a resident
of Southold. I'd like to just comment briefly on what's been said this evening
on this Resolution. I feel that an awful lot has been said. I've participated in
some of planning committees, and so on, and so:forth. I think it might be apropos
for the Board to consider, that maybe this migh't be tabled, and Considered in
the future with the new Planning Committee. This is going to impact, as stated
this evening, and as a result maybe the new Planning Committee can address this,
because of the controversy that's involved. I saw here, we all saw here, the
devisiveness of what happened as a result of this ordinance, and as a result
people took sides. They've divided the town. I'd like to see, perhaps, maybe,
a method where it could be examined over a period, of time democraticly, and the
Planning Committee can come up with a solution as appropriate to Southold, so
therefore, I would ask you, with respect, to. reconsider this, and to, perhaps,
do it on the basis that maybe you could get more imput from everyone in the town,
because the issues are important. Thank you.
SUPERVISOR HARRIS: Thank you. I'd like to remind everybody that this
resolution is just another step in the SEQRA process, which is required. There
will be plenty to time for the public to address this Board in reference to this
Local Law long before it's enacted or not. So, that step isstill quite a ways away,
and there will be plenty of time for people to express their opinions publicly.
If there is no other members of the audience, that would like to address this Board
on any resolution, I'm going to have to ask for a motion for a recess to go into
public hearings.
Moved by Justice Edwards, seconded by Councilwoman Hussie, it was
RESOLVED that a recess be called at this time, 4:30 P.M., for the purpose of
holding a public hearing.
Mote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Meetin~ reconvened at 8:22 P.M.
1.-Moved by Councilwoman Hussie, seconded by Councilman Wickham,
WHEREAS, the Town Board of the Town of Southold entered into an option agreement
with Madeline L. and Vernon F. Moelius for the purchase of the development rights
in their agricultural lands; and
WHEREAS, the Town Board held a public hearing with respect to said option on
the 2nd day of June, 1992, pursuant to the provisions of Section 25-4 of the
Southold Town Code; and
WHEREAS, the Town Board deems it in the public interest that the Town of Southold
acquire the development rights in the agricultural lands set forth in said option
agreement between Madeline L. and Vernon F. Moelius; now, therefore, be it
RESOLVED that the Town Board hereby elects to exercise the option to purchase
the agricultural rights in the aforsaid agricultural lands owned by Madeline L.
and Vernon F. Moelius; and
BE IT FURTHER RESOLVED that the Town Clerk be and she hereby is authorized
and directed to give notice of such acceptance to Madeline L. and Vernon F. Moelius;
and
BE IT FURTHER RESOLVED that the Supervisor be and he hereby is authorized
and directed to execute any and all required documents for the acceptance of said
development rights.
1.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Justice Edwards, Supervisor Harris.
This ~resolution was declared duly ADOPTED.
2.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts, and
directs the Town Clerk to file, the $180,000 Letter of Credit of Peconic Properties
Management Corporation, submitted to the Town of Southold to protect the New
York State Affordable Housing Corporation in the event fo a foreclosure of the
Southold Villas housing project property at Route 25, Southold, New York.
2.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
JUNE 16, 1992 9
3.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followincj budcjet modification to the General Fund - Whole Town 1992 Budget to
provide appropriation for Tax Receiver computer equipment for recently installed
receipting system (other equipment to be charged to Computer Capital Account):
To:
A1680.2 Central Data Processing, Equipment $ 1,100.00
F rom:
A1330.4 Tax Collection, Contractual Expenses $ 1,100.00
3.-Vote of the-Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Justice Edwards, Supervisor Harris.
This resolution was declared'duly ADOPTED.
4.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southo~l hereby appoints Shirley
Rollinson as a back-up cook for the weekend Suppleimatal Nutrition Assistance
Program (SNAP) meals, effective immediately, at a salary of $8.00 per hour [or
a seven (7) hour day (Joanne Shelby, former weekend back-up cook, is no longer
available for employment), and Helen Brownincj as a back-up aide for the weekend
SNAP meals program, effective immediately, at a salary of $5.00 per hour for a
five (5) hour day.
4.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
5.-Moved .by Councilwoman Hussie, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followinc~ budc~et modification to the General Fund - Whole Town 1992 Budcjet to
appropriate $2,000.00 to be tranferred from East End Community Services to the
Town to carry out grant from the Long Island Alzheimer Foundation for implemen-
tation of STEP training program for home health aides and to provide appropriation
for hiring of day care aide for 1992 only:
To:
Revenues:
A2705 Gifts & Donations $ 2,000.00
Appropriations:
A6772.1 Programs for the Aging, Personal Services $ 4,000.00
From:
Appropriations:
A6772.4 Programs for the Aging, Contractual Expenses $ 2,000.00
5.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
6.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute a Contract Budget Modification Request
between the County of Suffolk, Department for the Aging, and the Town of
Southold for an amendment to the Nutrition Program budget for 1/1/92 through
12/31/92, which amendment results in a zero net change.
6.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
7.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute a Lump Sum Consultant Agreement
with Calocerinos & Spina Engineers, P.C., for engineering design services
necessarY/ for the construction of a bituminous overlay on Runway 12-30 (2328'
x 100') at Elizabeth Field Airport, Fishers Island, at a lump sum fee of $58,064.00,
said consultant agreement all in accordance with the recommendation of the Board
of Commissioners of the Fishers Island Ferry District.
7.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Justice Edwards, Supervisor Harris.
This resolution was-declared duly ADOPTED.
8.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the appliaction of John C. Tuthill for renewal of his sinc~le family
house trailer permit, for trailer located on the east side of Elijah's Lane, Mattituck,
which permit expires on July 19, 1992, be and hereby is cjranted for a six (6)
month period.
8.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
JUNE 16, 1992
9.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute an agreement between the County
of Suffolk and the Town of Southold for the 1992 .(Year. 18) Community
Development Block Grant Program under the U.S. Department of Housing and Urban
Development Grant, for the following eligible activities under the Act, all in
accordance with the approval of the Town Attorney; Single Family Residential
Rehabilitation (Home Improvement Program) - $90~000; Child Care Service (North
Fork Child Care Program, Mattituck) - $5,800; Housing Counseling (North Fork
Housing Alliance Housing Counseling Program) -.$~25,000; Housing Services (North
Fork Housing Alliance) - $22,200; Child Care Service (Clinton Memorial Day Care
Center, Greenport) - $18,000; Youth Service (Family Service League Program) -
$12,000; Renovation of Senior Center (Southold Town Human Resources Center) -
$50,000; Multifamily Family Residential Rehabilitation (Singe Parent Residence,
Inc., Greenport) - $50,000; Administration - $I5,000. Total budget for 1992 is
$288,000.
9.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman I_izewski,
Councilman Wickham, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
10.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute an ac~reement between the County
of Suffolk, Department for the Aging and the Town of Southold for the Community
Services for the Elderly Day Care Program (CSE), effective April 1, 1992 through
March 31, 1993, for a total agreement amount of $20,867.00; all in accordance with
the approval of the Town Attorney.
10.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
11.-Moved by Councilwoman Hussie, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby c~rants ~permission
to the Cutchoc. lue Fire Department to use Alvah's Lane, Moores Lane, and New
Suffolk Lane, Cutchogue, as staging and parade route for their 25th Annual Parade
and Drill to be held on Saturday, July 18, 1992, at 6:00 P.M..(rain date: Sunday,
July 19, 1992, at 2:00 P.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.
11.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Justice Edwards, 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 Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute an acceptance of a Grant Offer from
the U.S. Department of Transportation, Federal Aviation Administration, for
$459,720.00 for the installation of a new medium intensity runway lighting system
on Runways 12-30 and 7-25; install rotating beacon and wind cone; install VASI
and REILS on Runways 7, 25, 12 and 30; and install electrical vaul_t, at Elizabeth
Field Airport, Fishers Island, all in accordance with the approval of the Town
Attorney.
JUSTI, CE. EDWARDS: Now before we offer this, I think Mr. Perricone would be
happy to hear this. What is VASI, Steve?
STEVE PERRICONE: Taxi lights. Landing system that guides them down.
JUSTICE EDWARDS: How about REILS?
STEVE PERRICONE: Lights, that also guide you down the approach to a runway.
They're flashing I-ights, that point out the direction of the runway.
JUSTICE EDWARDS: I know you don't use Elizebeth Field. Are you happy with
this? I offer this resolution. Thank you.
12.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Justice Edwards, Supervisor Harris.
This resolution was declared duly. ADOPTED.
13.-Moved by Supervisor Harris, seconded by Councilman Hussie, it was
RESOLVED pursuant to Part 617 of the implementing regulations pertaining to
Article 8 (State Environmental Quality Review Act) of the Environmental Conserva-
tion Law, the Southold Town Board, as lead agency, has determined that the
following proposed action will not have a significant effect on the environment
and a Draft Environmental Impact Statement will not be prepared: "A Local Law
in Relation to Zoning" (Home Occupation, Home Business Office, Home Professiona
Office); and be it further
RESOLVED that the Town Board hereby adopts the following reasons in support
of this Nec~ative Declaration:
An expanded Environmental Assessment Form ("EAF Part
and 2") was completed for the Action known as Local Law in
Relation to Zoning ("Home Occupation Law"). The EAF Part 2
identified twelve areas of potential impacts. They are:
Impact on Land, Impact on Water, Impact on Air, Impact on
Plants and Animals, Impact on Agricultural Land Resources,
Impact on Aesthetic Resources, Impact on Historic and
Archaeological Resources, Impact on Transportation~ Impact
on Energy, Noise and Odor Impacts, Impact on Public Health,
and Impact on Growth and Character of Community or
Neighborhood. The EAF Part 2 concludes that all potential
impacts are small to moderate, that none area significant,
and that the cumulative effects of all potential impacts are
not significant. Specific reasons in support of these
determinations are set forth below.
Impact on Land
The proposed Home Occupation Law deals specifically
with home occupation uses including home professional
offices and home business offices wherein such occupations
are incidental to the residential use of the premises and
are conducted within the main building. As such, the
proposed Home Occupation Law does not permit the
construction of commercial buildings in residential zones to
carry out home occupations. However, the' proposed home
o~cupation does permit the construction and placement of a
sign in front of a residence in which a home occupation, as
defined in the proposed statute, is conducted. (Impacts
related to the parking of vehicles are more appropriately
addressed in connection with aesthetics and traffic.)
Accordingly, the impact on land is limited to the
installation of signs in residential and agricultural zones.
The proposed Home Occupation Law provides for the
construction and placement of two (2) nonilluminated
nameplates containing only names or professional signs
containing only name and professional designation as defined
under "home professional office" wherein each nameplate or
professional sign shall not exceed two (2) square feet in
area. The size of the signs as permitted in this statute
are comparable to that of a standard residential mailbox.
Given the limited size of the permitted signs, the impact to
land resulting from this proposed Home Occupation Law is
small to moderate with respect to home occupations both
individually and cumulatively.
Impact on Water
It is recognized that the Peconic Bay Estuary has been
designated a Critical Environmental Area ("CEA") by t'he
County of Suffolk and, obviously, the Town of Southold has
frontage on Peconic Bay. Additionally, there are numerous
protected water bodies (under Articles 15, 24, and 25 of the
Environmental Conservation Law), and non protected water
bodies (not under the jurisdiction of the NYSDEC) found .
throughout the Town of Southold. As previously pointed out,
the proposed Home Occupation Law does not authorize the
construction of commercial buildings in residential zones
(except for signs). Rather, the proposed HomeOccupation
Law permits a more intensive use of existing residential
dwellings.
JUNE 16, 1992
Impact on Water stemming from the more intensive use of
residential dwellings are most reasonably attributed to
potential increases in septic effluents which could travel
to nearby water bodies via groundwater. For example, a home
occupation as. defined in the proposed law pecmitsdancing or
music ~nstruction for a group of up to five (5) individuals
at one time. Accordingly, septic effluenCs could increase
during which time, five individuals are present at the
dwelling containing the home occupation. Additionally, the
proposed Home Occupation Law provides for a non resident
assistant who could likewise contribute to increased septic
effluents during normal work hours. However, the potential
increased septic effluents resulting from visitors and an
assistant is reasonably expected to be very limited and of
short duration on a Town wide basis.
The legislative intent of the proposed Home Occupation
Law recognizes that residents of the Town have historically
operated small businesses from their homes which provides
service to the community. If permitted to continue (by
passage of the proposed Home Occupation Law), these same
businesses would continue to operate. Thus, any increased
septic effluents resulting from the law as proposed would be
limited to new businesses that operate out of residences
pursuant to the Home Occupation Law. Additionally, it is
noted, that the Suffolk County Department of Health
Services, an agency in which this action was coordinated
with, has not expressed a concern related to septic impacts
resulting from the proposed action.
For the reasons set forth above, the proposed home
occupation law is not expected to cause any potentially
large impacts on water resulting from home occupations
individually or cumulatively.
Impact on Air
It is recognized in the EAF Part 2, that the proposed
Home Occupation Law may have an impact on air.
Specifically, the EAF Part 2 points out that the proposed
action (Home Occupation Law) provides for greater
enforcement of existing and future home occupations which
may effect air quality. Therefore, the proposed Home
Occupation Law is expected to cause a positive impact to air
quality.
In the past, the Town of Southold has experienced
difficulty in their response to the limited number of
nuisance complaints received such as those pertaining to air
quality resulting from existing home occupations. Prior
attempts to address such nuisance complaints as stemming
from individual home occupations have been countered by
charges of selective enforcement. That is, an individual
responding to such complaints and attempted enforcement
actions of the Town has traditionally asserted that he or
she is being singled out by the Town, and that there are
numerous other home occupations throughout the Town which
the Town-i-~ has not initiated enforcement actions. In fact,
nuisance complaints have been directed towards the fishing
industry prompting the Count of Suffolk to enact a Local Law
to Protect Right to Fish within the County of Suffolk.
JUNE 16, 1992
13
The proposed Home Occupation Law clarifies what types
of home occupations are permi[ted in residential and
agricultural zones, thereby providing a clear distinction
between the right of a home occupation to exist and the
potential environmental consequences of home occupations
such as air quality impacts. The proposed Home Occupation
Law states, "There shall be no exterior effect at the
property line, such as noise, traffic, odor, dust, smoke,
gas, fumes or radiation." The EAF Part 2 appropriately
determines that the Impact on Air, is small to moderate
because (1) existing home occupations have not generated
significant air quality impacts on a Town wide basis and (2)
the clarification between the home occupation itself, and
impacts generated therefrom, provides for proper enforcement
of any unacceptable air impacts that may occur'in the
future.
Impacts on Plants and Animals
The EAF Part 2, declares that a potential environmental
impact on plants and animals may result from the proposed
Home Occupation Law. Specifically, the EAF Part 2
appropriately recognizes that the proposed action may effect
protected water bodies and natural resources and thus any
threatened, non threatened, endangered, and non endangered
species contained therein. The only pathway reasonably
anticipated as a result of the proposed action for such
potential impacts to effect flora and fauna is via
potentially increased septic effluents. As previously
analyzed and discu~sed unde= Impac~a on Water, the proposed
Home Occupation Law is not expected to cause any potentially
large impacts on water resulting from home occupations
individually or cumulatively. Therefore, there can not be
any potentfally large impacts to flora and fauna which rely
on any protected or non protected water bodies including all
associated habitats. Additionally, there can be no
potentially large impacts to flora and fauna which rely on
more arid habitats as no pathway of impact exists in
relationship to the Home Occupation Law nor the effects
stemming therefrom, and any of these natural resources.
Therefore, The EAF Part 2 appropriately declares that
impacts, if any, to plants and animals is small to moderate.
Impacts on Agricultural Land Resources
The EAF Part 2 declares that the proposed action will
effect agricultural land resources because said action
allows home occupations in agricultural zones. The proposed
Home Occupation Law declares that such occupation is carried
out in an area not to exceed twenty-five percent (25%) of
the area of all floors of the main building, and in no event
shall such use occupy more than five hundred (500) square
feet of floor area, meaning that the home occupation law
does not authorize the construction of commercial buildings
on farmland for home occupational use. Therefore, the
impact to agricultural land resources is limited to the
installation of the permitted sign. As previously pointed
out under Impacts on Land, the construction and installation
of the permitted sign is not expected to cause potentially
large impacts to land, either individually or cumulatively:
Similarly, for the same reasons, the construction and
installation of the permitted signs in agricultural zones of
Southold is not expected to cause potentially large impacts
to agricultural land resources. Therefore, the EAF Part 2
concludes that the potential impacts, if any, to
Agricultural Land Resources is small to moderate~
14 JUNE 16, 1992
Impact to Aesthetic Resources
The EAF Part 2 declares that the proposed.action will
have an impact on Aesthetic Resources. Specifically, the
EAF Part 2 states that the proposed action may cause
(aesthetic) impacts related to erection of signs as per
Section 100-31C(9)(a) of the Town Code and parking of small
commercial vehicles. ~
Section 100-31C(9)(a) of the Town code limits signs to
not more than two (2) nonilluminated nameplates containing
only name and professional designation as defined under
"home professional office"...each nameplate and/or
professional sign not to exceed two (2) square feet in area.
As previously pointed out, the size of the permitted sign is
comparable to that of a common residential mailbox. Most
residents in the Town of Southold have mailboxes,-and
obviously, the mailboxes themselves provide an unobtrusive
and low key means of identifying and locating the associated
homes. Similarly, signs as permitted by the proposed law
will be equally unobtrusive and low key. With the enactment
of the proposed Home Occupation Law, existing home
occupations may seek to further identify the location of
their homes by the signs permitted, but the size, number,
and non-illuminating quality of the signs will prevent a
potentially large impact from occurring. In fact, many home
occupations may install signs on the mailboxes themselves.
Consequently, the impact with respect to signs on Aesthetic
Resources is small to moderate.
The proposed Home Occupation Law also provides for the
mitigation and, in some instances the prohibition of
aesthetic impacts associated with various home occupations.
For example, the proposed Home Occupation Law set forth a
prohibition that no display of products shall be visible
from the street, and no stock-in-trade shall be kept on the
premises. Further, the proposed Home Occupation Law
prohibits exterior effects to the premises in which the home
occupation is being carried out. The proposed Home
Occupation Law states, "In no manner shall the appearance of
the building be altered nor shall the occupation be
conducted in a manner that would cause the premises to lose
its residential character, including but not limited to the
use of colors, materials, construction or lighting." The
proposed Home Occupation Law provides for substantial
mitigation of visual impacts associated with the parking of
commercial vehicles The proposed Home Occupation Law
states that there s~all be no more than one (1) nonresiden~
assistant for whom off-street parking must be provided on
site. This provision substantially mi%igates the additional
impact caused by the parking of a vehicle by an assistant_to
the home occupation. Additionally, Section 100-191-
Q(1)(a)(b) of the Town Code also applies to home occupations
wherein it declared that one commercial vehicle not
exceeding twenty (20) feet in length may be parked in the
driveway except that one commercial vehicle not exceeding
twenty-five (25) feet in length may be parked in the
driveway provided that the owner has maintained title to
this vehicle since July 17, 1991. One commercial vehicle
not exceeding twenty-five (25) feet in length may be parked
in a private garage. Clearly, by design, the proposed Home
Occupation Law has prevented a potentially large aesthetic
impact with respect to the parking of vehicles because (1)
it limits the number of vehicles that can be parked in
residential and agricultural zones related to home
occupations; and (2) it limits the size of the vehicles that
can be parked at home occupations. Therefore, the aesthetic
impacts associated with the parking of vehicles in
connection with the proposed Home Occupation Law is small to
moderate. Finally, the combined aesthetic impacts of both
signs and the parking of vehicles is substantially reduced
such that the proposed Home Occupation Law is not expected
to result in a potentially large aesthetic impact to the
community neither with respect to individual home
occupations nor cumulatively.
.
Impact on Historic and Archaeological Resources
The EAF Part 2 identifies a potential impact on
historic and archaeological resources within the Town of
Southold for the simple reason that such resources exist
within the Town and the proposed Home Occupation Law applies
Town wide. It is clear that there are areas designated as
sensitive for archaeological sites within the Town. It is
equally clear that there are facilities in the Town listed
on the State or National Register of historic places.
However, the proposed Home Occupation Law does not authorize'
the construction of commercial buildings in residential and
agricultural zones for home occupations. Instead, the Home
Occupation law only authorizes select home occupational uses
within main dwellings. Home occupations in privately owned
dwellings located within a historic district, could conduct
_home occupations in accordance with the proposed statute.
However, the proposed statute states that, "In no manner
shall the appearance of the building be altered nor shall
the ?ccupation be conducted in a manner that would cause the
premises to lose its residential character, including but
not limited to the use of colors, materials, construction or
lighting." In effect, the proposed Home Occupation Law
prevents substantial exterior effects on such historic
buildings and thus is not significantly in conflict with
efforts to preserve historic places. For these reasons, the
proposed Home Occupation Lmw is likely to only cause a small
to moderate impact on historic and a~chaeological resources.
Impact on Transportation
The EAF Part 2 correctly identifies a potential impact
on transportation because of the parking of vehicles
authorized in the proposed Home Occupation Law. However,
the proposed Home Occupation Law applies Town wide, meaning
that the parking of authorized vehicles spread out
throughout the Town thereby preventimg significant traffic
impacts in any one location. Additionally, the legislative
intent of the proposed law recognizes that the residents of
the Town historically have operated small businesses which
provide services to the community, meaning that there are or
have been home occupations located throughout the Town.
Finally, the proposed statute prohibits exterior effects
such as traffic. The EAF Part 2, appropriately declares
that the impact on transportation to be small to moderate
because (1) exterior effects such as traffic are prohibited,
(2) traffic associated with home occupations now and in the
future are expected to be diffusely spread about Town,J and
(3) previous or existing home occupations have not caused
significant traffic problems.
Impact on Energy
'The EAF Part 2 appropriately recognizes that the
proposed Home Occupation Law will cause an impact on energy.
Specifically, the EAF Part 2 discloses that there will be an
increase in energy uses associated with home occupations.
However, uses permitted by the proposed statute are service
oriented (as opposed to manufacturing) and are not energy
intensive. In fact, many of the permitted uses such as
those connected with the product of the seas and tradesman
may not result in any increased energy uses whatsoever.
Therefore, the impact on energy resulting from the proposed
Home Occupation Law will only result in a small to moderate
impact with respect to individual home occupations and
cumulatively therefrom.
6 JUNE 16, 1992
Noise and Odors Impacts
The EAF Part 2 appropriately recognizes that there will
be no objectionable odors, noise or vibrations as a result
of the action. Further, the EAF Part 2 declares that the
proposed action may reduce noise and odor impacts associated
with home occupations by providing improved enforcement.
The proposed action states, "There sha'tl be no exterior
effect at the property line, such as noise, traffic, odor,
dust, smoke, gas, fumes or radiation." In fact, the
proposed Home Occupation Law provides th~ Town with
enforcement capabilities whereby the exterior effects of
home occupations can be distinguished, from the home ~
occupation itself, and appropriately enforced. The EAF Part
2 concludes that the proposed statute will result in a small
to moderate impact on noise and odors because (1) the
proposed statute provides an enforcement tool to control
such impacts and (2) previous or existing home'occupations
have not caused significant noise and odor impacts.
Impact on Public Health
The EAF Part 2 appropriately recognizes that the
proposed action may have an impact on public health.
Specifically, the proposed action may result in an increased
generation of solid waste. Presently~ the Town of Southold
provides sanitation services to all of its residents
including use of the landfill, STOP facility and Recycling
Center. The use of the landfill, in terms of what can be
deposited is strictly regulated and residents including
those which may have or will have home occupations are
required to adhere to the rules set forth by the Town.
These rules further include the provision that residents
obtain a sticker (permit) and pay fees for what is deposited
in the landfill. Thus the Town has made provisions for
solid waste generated within its political boundaries.
Given that the proposed statute only authorizes non
intensive service oriented home occupations as opposed to
manufacturing, the generation of solid waste is expected to
be small. Therefore, the EAF Part 2 concludes that the
impact On public health will b~ small to moderate.
Impact on Growth and Character of Community or Neighborhood
The EAF Part 2 appropriately recognized that the
proposed action may have an impact on growth and character
of community or neighborhood. Specifically, the EAF Part 2
recognizes that the proposed action may have an effect in
the following ways: (1) The permanent population of the
city, town or village in which the project (action) is
located is likely to grow by more than 5%; (2) Development
will create a demand for additional community services (e.g.
schools, police and fire ect.) and (3) The proposed Action
will set an important precedent for future projects; (4) The
proposed Action will create or eliminate employment.
(1) The permanent population of the city town or village is
likely to grow by more than 5%. '
The proposed Home Occupation Law applies Town-wide and
may have a growth inducing effect on the Town. It is clear
that the Town is expected to grow by more than 5% because
significant portions of the ToWn remain undeveloped. In
fact, the Master Plan Summary document declares that (1) the
Master Plan has a capacity for an additional 10-14,000
dwelling units; (2) This new development would be added to.
the 7,500 existing year round and 3,000 seasonal units; and
(3) assuming 2.5 people per unit, there will be
approximately 25,000 additional residents. An unknown
portion of these residents may conduct home occupation which
will be regulated by the proposed statute. Indeed, the
proposed home occupation law may attract professionals and
tradesmen many of which may be younger residents. The
proposed Home Occupation Law may provide the needed
incentive to attract young professionals and tradesman into
the Town of Southold, as well as to encourage younz Southold
residents to remain in Town and set up a home occupation,
which must be considered a positive effect. .With respect to
professionals, the modern age of telephones, computers and
facsimile machines, home occupation ordinances provide work
place flexibility as described in Home Occupation Ordinances
(Butler and Getzels, American Planning Association, Planning
Advisory Service, Report Number 391, 1985) and indeed is one
of the most attractive features of this proposed Home
Occupation Law. Growth inducement among tradesmen may be
more limited as growth is largely expected to be controlled
by the communities necessity for services the law permits
t~em to render. In any event, while the proposed Home
Occupation Law may effect the rate of growth, which can be
detected only over extended periods of time, it does not
effect density in residential or agricultural zones. While
the EAF Part 2 correctly identifies that the Town'will grow
by more than 5%, growth will not occur as a result of the
proposed Home Occupation Law itself. Therefore, the impact
to growth resulting from the proposed statute is small to
moderate.
(2) Development wi-ll create a demand for additional
community services (e. g. schools, police and fire eot.)
The EAF Part 2 recognizes that the proposed action will
create a demand for community services, specifically schools
because the proposed Home Occupation Law may provide
incentives for younger residents to remain in Town or
encouraged to move into Town. As such, younger residents
are likely to have families and their children will most
likely attend public schools. However, any influx of young
residents into the Town is likely to occur very slowly over
time. Therefore, the impact to community services including
particularly schools is regarded as small to moderate.
Other community services such as police and fire protection
are more density related, and as previously stated herein,
the proposed action does not have such effects.
(3) Proposed Action will create or eliminate employment.
The EAF Part 2 appropriately recognizes that the
proposed action may create a small to moderate impact on
employment. Clearly, the proposed statute will encourage
employment. In fact, the legislative intent of the proposed,
statute states that in order to maintain the economic
viability of our town, to maintain our rural quality of life
and in the interests of the welfare of our residents, these
businesses (or home occupations) should be permitted to
continue. Clearly the continuation of home occupations will
provide employment to the residents of the community. The
existing home occupations will likely continue to employ
Southold residents and additional home occupations will
increase employment opportunities for same. However, the
such increases are expected to occur relatively slowly over
time, as dictated by the demand for these services and
therefore, the corresponding impact to employment is
expected to be small to moderate.
18
JUNE 16, 1992
Public Controversy
There is public controversy over the proposed Home
Occupation Law. Specifically, the Town has previously held
public hearings on the proposed statute and the prior
processing of the statute has been legally contested. At
the prior public hearing, numerous residents spoke in favor
of the proposed statute. Additionally, several residents
spoke against the statute. A petition of several thousand
signatures in favor of the proposed law was submitted to the
Town Board. Additionally, letters in favor of the proposed
statute were received by the Town Board.
Agency Comments Received
As a result of the required coordinated review pursuant
to SEQRA, comments were received from two agencies: Suffolk
County Department of Planning, and the Southold Town
Planning Board. Suffolk County Department of Planning
considered the proposed action as a matter for local
determination and stated that compliance with restrictive
regulatory requirements is essential in maintaining the
integrity of existing residential areas. However, the
proposed statute provides enforcement opportunities in
maintaining the integrity of existing residential areas by
design. The Southold Planning Board communicated two
concerns: first, that information contained in Section 100-
191-Q of the Zoning Code (having to do with parking) is not
referenced in the proposed statute; and second, that ther~
is potential for traffic problems particularly associated
with home professional offices. The first concern is
addressed in the code under Section 100-191-Q(1)(A)(B) and
need not be reiterated in the proposed Home Occupation Law.
That is, the passage of the Home Occupation Law does not
diminish other requirements set forth in the Zoning Code.
With respect to the second concern, the potential traffic
impacts suggested by the Southold Planning Board are
expressly prohibited in the proposed Home Occupation Law.
Consequently, none of the concerns raised by these agencies
justify-a reversal of the impact assessment provided in the
EAF Part 2.
In summary the proposed Home Occupation Law is not
expected to result in a potentially large impact on growth
and character of community because (1) the proposed law does
not effect density, (2) any influx of younger residents is
expected to occur slowly, (3) the increases in employment-
are expected to occur slowly as dictated by demand for
services and (4) the proposed law prohibits home
occupational dwellings from losing rural character, as
previously explained, and thus ensures tha~ the residential
character of the community or neighborhood will not be lost.
.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
3ustice Edwards, Supervisor Harris. No: Councilman Wickham.
This resolution was declared du[y ADOPTED.
COUNCILMAN WICKHAM: I would just like to comment briefly, that I think the
additional time required to do the long form wouldn't be that much of an impact
on the town, wouldn't be adverse.
SUPERVISOR HARRIS: We did the long form.
JUSTICE EDWARDS: We did the long form.
COUNCILMAN WICKHAM: We're claiming that it won't have a significant effect.
We could still go on with it:~by decla~ingd~;WqU..IdLhave--an.~effect, and we still
could do it in all deliberation, and I think that in 'view of the differences about
it, I don't think that additional time and effort would be misplaced.
SUPERVISOR HARRIS: A copy of this '~s available in the' Town Clerk's Office,
if anybody see the rationale, and reasoning behind this.
14.-Moved by Supervisor Harris. seconded' by Justice-Edwards,
WHEREAS, there was presented to the Town Board of the Town of Southold on
the 7th day of April, 1992. a proposed Local Law entitled, "A Local Law in Relation
to Zoning" (Home Occupation, Home Business Office, Home Professional Office); and
WHEREAS, the proposed Local law has been referred 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 Charte~; now, therefore, be it
RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, July 14, 1992,
Southold Town Hall. Main Road, Southold, New York, as time and place for a public
hearin9 on this proposed Local Law which reads as follows:
A Local Law in Relation to Zoning
BE IT ENACTED, by the Town Boardof the Town of Southold as follows:
'1. Chapter 100 [Zoning) of the Code of the Town of Southold is hereby
amended as follows:
Section 100-13 [Definitions) is hereby amended by deleting the
following:
.HOME OCCUPATION - This shall be understood to include the
professional office or studio of a doctor, dentist, teacher.
artist, architect, engineer, musician, lawyer, magistrate or
practitioners of a similar character, or rooms used for "home
occupations." including home baking, millinery or similar
handicrafts, provided that the office, studio or occupational
rooms are located in a dwelling in which the practitioner
resides and provided further that no goods are publicly
displayed on the premises and no sign or advertisement is shown
other than a sign not larger than two 12) sguare feet in total
area. bearing only the name and occupation (words only) of the -
practitioner ......
Section 100-13 (Definitions) is hereby amended by adding
thereto the following:
HOME BUSINESS OFFICE - The business office of-an individual
which does not qualify for Home Professional Office yet provides
a service rather than the retail sale of 9oods. (i.e.. offices
providin9 the service of consulting, advertising, designing
and/or marketing and which typically require a home personal
computer, telephone and/or facsimile transmission machine).
HOME OCCUPATION -
Any gainful activity customarily conducted only within a
dwelling unit by the .residents thereof that is clearly
secondary to the residential use.
Activities carried on by the residents which are connected
with produce of the seas. bays or harbors caught or dug
by them including storage and dockage of boats and gear.
spreading and mending of nets and other gear and sale of
such produce so gathered, shall also constitute a "home
occupation."
Tradesmen. not limited to carpenters, plumbers
landscapers, painters, masons and electricians, provided
that no retail sales or services are conducted on site.
0 JUNE 16, 1992
HOME PROFESSIONAL OFFICE - This shall be understood to
include the professional office or studio of a doctor, dentist,
teacher, artist, architect, engineer, musician, lawyer.
magistrate or practitioners of a similar character, or rooms
used for "home occupations." provided that the office, studio or
occupational rooms are located in a dwelling in which the
practitioner resides.
3. Section 100-311C)[2) is hereby amended to read as follows:
Home Occupation. including home professional offices and
home business office. In permittino these uses, the Town
Board recoonizes that our ~residents historically have
.operated small businesses which provide services to the
community from their homes. We find that these businesses
have not impacted negatively on the aopearance of these
residentiaI zones. In our iudoment, we find that in order
to maintain the economic viability of our town. to maintain
our rural ouality of life and in the interests of the
welfare of our residents, these businesses I or home
occuoations) should be permitted to continue. In setting
forth the followinq subsections, we intend to permit as of
ri,qht certain business uses '~n residential zones with the
understandinc~ that these uses are to be conducted in a
manner that will not alter the character of our residential
neighborhoods. We believe the followino subsections
proviQe sufficient safeguards to accomplish that aim.
These uses shall be permitted provided that:
ao
be
Ce
ee
go
No display of products shall be visible from the
street, and no stock-in-trade shall be kept on th~
premises.
Such occupation is incidental to the residential use
of the premises and is carried on in the main building
by the residents therein with not more than one (1)
nonresident assistant for whom off-street parking must
be provided on site. .
Such occupation is carried on in an area not Lo exceed
twenty-five percent (25%) of the area of all floors of
the main building, and in no event shall such use
occupy more than five hundred [500) square feet of
floor area.
There shall be no exterior effect at the property
line. such as noise, traffic, odor. dust. smoke, gas.
fumes or radiation.
Studios where dancing or music instruction is offeJ"ed
to groups in excess of five [5) pupils at one I1) time
or where concerts or recitals are held are prohibited.
In no manner shall the appearance of the building be
altered nor shall the occupation be conducted in a
manner that would cause the premises to lose its
residential character, including but not limited to
the use of colors, materials, construction or
lighting. No- d~pl~r~
~'~H~= ~m- ~ s~e~ ~n~ n~ s~e~-~-~e
Notwithstandino anything set forth elsewhere in this
Article. home occuoations, home business office and
home professional offices shal~ in no event be deemed
to include animal hospitals, kennels, barbershops.
beauty parlors, clinics or hospitals, mortuaries.
nursery schools, clubs, auto repair shops.
restaurants, tourist homes, rooming houses or
boardinghouses and uses similar to those listed above.
h. For siqns, Section 100-31C(9)(a).
i. Home occuoations,~ home business office and home
professional offices shall not include manUfacturing,
fabrication or construction of any type on the site.
II. This Local Law
of State.
The outdoor storacle of equipment necessary for
residents connected with aquaculture shall be screened
from view and shall conform to the setbacks for
accessory structures.
shall take effect upon its filing with the Secretary
Overstrike represents deletion(s)
Underscore represents addition(s)
Text contained in this Local Law which is neither underscored nor
overstruck is included for the purpose of re-lettering.
14.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
15.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of Paul Corazzini & Sons, Inc. for the purchase and application of 75,000 gallons,
more or less as may be needed by the Superintendent of Highways, of Grades
RC-2 and MCr2 Asphalt Road Materials, all in accordance with the bid specifica-
tions, at a cost of $1.23 per gallon; and be it further
RESOLVED that the Town Board authorizes and directs Supervisor. Scott L. Harris
to execute an agreement between Paul Corrazzini & Sons, Inc. and the Town of
Southold for a one (1) year contract to furnish and apply Asphalt Road Materials.
15.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, .Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
16.-Moved by Councilman Lizewski, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby engages the
services of Michael E. Gorman, Certified Real Estate Appraiser, of Gorman &
Associates, Mattituck, .New York, at a fee of $600.00, to conduct an appraisal
of the property of Spectacle Ridge, Inc. (Tax Map No. 1000-84-1-2), for the Land
Preservation Committee.
16.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman LizeWski,
Councilman Wickham, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
17.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of.the Town of Southold hereby authorizes Southold
Town Beach Attendants to be supplied with a petty cash fund in the amount of
$34.50 per attendant, to enable them to make change due to tax that is charged
for each permit; check in the amount of $207.00 be made payable to-Recreation
Supervisor Kenneth Reeves; charge to be made to A7180.4, Beaches, Contractual
Expenses.
17.-Vote of the Town Board: Ayes: Councilwoman Hussie~ Councilman Lizewski,
Councilman Wickham, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
18.-Moved by. Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute, in accordance with the approval
.of the Town Attorney, agreements with the following individuals for the 1992
Summer Recreation Programs:
Gina Beebe (computers) $1,200.00 per session
Shirley Darling (tennis) $14.00 per class
Klm Darrow (gymnastics) $1,200.00 per session
East End Insurance Services (Defensive Driving) $35.00 per person
Hidden Lake Farms Riding School (horseback) $150.00 per person
22¸
JUNE 16, 1992
Tom Fox (cartoon drawing)
Island's End Golf Club (golf)
Robert Johnson (tennis)
Lee Pufahl (arts & crafts)
Ralph Scheider (square dancing)
JoAnn Terkowski (folk dancing)
Lynne Wentworth (drama)
$20.00 per class
$37.50 per person
$1r200.00 per session
$1,200.00 per session
$40.00 per class
$20.00 per class
$14.00 per class
Terese Wunderlich (aerobics) $20.00 per class
18.-Vote of the Town Board: Ayes: Councilwoman Hu~sie, Councilman Lizewski,
Councilman Wickham, Justice Edwardsr Supervisor Harris.
This resolution was declared duly ADOPTED.
19.-Moved by Justice Edwards, seconded by Councilman Lizewski, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints the
followinc~ 1992 Lifec~uards, Beach Attendants, Playc, lround Instructors, Swimming
Instructors, and Beach Manacler at the following salaries:
LIFEGUARDS
Greg Aurre (2nd year) $7.'69 per hour
Lisa Deil (1st year) $7.42 per hour
^ngela Fioravantes (3rd year) $7.95 per hour
Kira Gallagher (1st year) $~.42 per hour
Peter Graseck (2nd year) $7.69 per hour
James Hines (15t year) $7.42 per hour
Jeremy McCavera (4th year) $8.22 per hour
David Melchione (3rd year) $7.95 per hour
John Pultz (2nd year) $7.69 per hour
Brian Regan (3rd year) $7.95 per hour
Thomas Tellez (1st year) $7.42 per hour
BEACH ATTENDANTS
Lynelle Faszczewski (1st year) $5.83 per hour
Colleen Finnerty (1st year) $5.83 per hour
Angelo Milazzo (1st year) $5.83 per hour
Jon Pearlstein (2nd year) $5.99 per hour
Allison Rysko (1st year) $5.83 per hour
Ryan Springer (1st year) $5.83 per hour
PLAYGROUND INSTRUCTORS
Valerie Kaser (2nd year) $8.00 per hour
Theresa Pressler (2nd year) ...... $8.00 per hour
Thomas McCaffer¥ (1st year) $8.00 per hour
SWIMMING INSTRUCTORS
Kimberly Meyer (1st year) $12.00 per hour
Kathleen Kelly (1st year) $12.00 per hour
BEACH MANAGER
Arthur Quintana (4th year) $10.00 per hour, plus mileage
Vicki Franck (1st year) $50.00 per day, plus mileage
19.-Vote of the Town Board: Ayes: Councilwoman Hussier Councilman Lizewski,
Councilman Wickham, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
20.-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of $outhold hereby authorizes and
directs Supervisor Scott L. Harris to execute an agreement between the Family
Service League, inc. and the Town of $outhuld~ whereby the Family Service
League, Inc. will provide individual and crisis intervention counseling plus alcohol
and substance abuse prevention/education services for the Southold Town Youth
Services Program, at an agreed sum not to exceed $32,266.00, for the term of
January 1, 1992 through December 31, 1992, all in accordance with the approval
of the Town Attorney.
20.-Vote of the Town Board: Ayes: Councilwoman Hussier'Councilman Lizewski,
Councilman Wickham, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
21.-Moved by Councilman Lizewski, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of $outhold hereby authorizes and
directs Supervisor Scott L. Harris to execute an extension of the lease agreer~ent
between the Town of Southold and the County of Suffolk for the County's lease
of 500 square feet of office space in the Southold Town Hall for the Suffolk County
District Attorney; this is a two (2) year extension of the existing lease to
December 31, 1993, at an annual rental of $4,000.00; all in accordance with the
lease extension agreement as approved by the Town Attorney.
21.-¥ote of the Town Board: Ayes: Councilwoman Hussier Councilman Lizewski,
Councilman Wickham, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
JUNE 16, 1992
22.-Moved by Supervisor Harris, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followinc~ budc~et modification to the General Fund - Whole Town 1992 Budc~et to
appropriate Park & Recreation funds for the gravel and state to be used at the
Norman E. Klipp Marine Park:
To:
Revenues:
A2025 Special Recreation Facilities $ 888.00
Appropriations:
A7110.2 Parks, Equipment $ 888.00
22.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
23.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute Partial Payment Request No. Six
for reimbursement from the Federal Aviation Administration on the Elizabeth Field,
Fishers Island, Airfield Lighting (Design) and pavement Evaluation Program, all
in accordance with the Recommendation of Calocerinos & Spina Engineers, P.C.,
the Town's engineers for the program.
23.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman /izewski,
Councilman Wickham, Justice Edwards, Supervisor Harris.
This~resol~tion was declared duly ADOPTED.
24.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints Andre
Cybulski, Jr. and Douc~las M. McGahan as members of the Southold Town Land
Preservation Committee, for a two (2) year term, effective July 3, 1992 through
July 3, 1994, they to serve in said position without compensation.
24.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman ¥~ickham, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
25.-Moved by Supervisor Harris, seconded by Councilwoman Hussie, 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 Southold
Town Land PreservatiOn Committee, two year term, no compensation.
25.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Liz~wski,
Councilman ¥~ickham, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
26.-Moved by Councilman Lizewski, seconded by Justice Edwards,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed "Local Law in Relation to Peddlers & Solicitors"~ now, therefore, be it
RESOLVED that the Town Board hereby sets 4:32 P.M., Tuesday, June 30, 1992,
Southold Town Hall, Main Road, Southold, New York, as time and place for a public
hearinc~ on this proposed Local Law which reads as follows:
A Local Law in Relation to Peddlers & Solicitors
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 69 (Peddlers & Solicitors) of the Code of the Town of Southold is
hereby amended as follows:
1. Section 69-14 (Nonapplicability of other provisions) of the Code of the
Town of $outhold is hereby deleted in its entirety.
II. This Local Law shall take place upon its filing with the Secretary of State.
26.-Vote of the Town Board: Ayes: Councilwoman Hussier Councilman Lizewskir
Councilman Wickham, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
27.-Moved by J~stice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of $outhold hereby accepts the
proposal of M&M Cartinc~, Fishers Island, to provide a seasonal dumpster rental
and tipping fee for'a dumpster to be placed at the Fishers Island Yacht Club,
at a cost not to exceed $1,780.00 ($700.00 rental, $1,080.00 pick-up).
27.-Vote of the Town Board: Ayes: Councilwoman Hussier Councilman Lizewski,
Councilman Wickham, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
4 JUNE 16, 1992
28.-Moved by Supervisor Harris, seconded by Justice.Edwards, it was
RESOLVED that the application of Maddie Miles for renewal of her sinqle family
house trailer permit, for trailer located on a private road off of the north side
Main Road, Mattituck, which permit expires on J'une 22,-1992, be and hereby is
granted for a six (6) month period.
28.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Justice Edwards,. Supervi§or Harris.
This resolution was declared duly ADOPTED.
29.-Moved by Councilman Lizewski, seconded by Super'visor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby c~rants permission
to the Southold Fire Department and Southold Fire Department Racinc~ Team, F~rst
Settlers, to use Tuckers Lane, Griswold Street, Terry Court and Giover Street
as staging area and parade route for their 22nd Annual Old Fashioned Parade
and Drill to be held on Saturday, August 8, .1992, at 6:00 P.M. (rain date: Sunday,
August 9, 1992, at 1:00 P.M.), provided they file with the Town Clerk a One
Million Dollar Certificate of Insurance naming the Town of Southold as an additional
insu red.
29.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
30.-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes an
advance fee check in the amount of $637.50 (47 seats at $13.50, plus $3.00 postage
and handling), for the Sunday, August 9, 1992, New York Yankee Baseball Game;
check made payable to New York Yankees; charge to be made to A7320.4, Joint
Youth, Contractual Expenses.
30.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
31 .-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute an agreement between the Town
of Southoid and The Civil Service Employees Association, Incorporated, Local 1000
AFSCME AFL-CIO, for the period of January 1, 1992 through December 31, 1993,
all in accordance with the approval of Competiello & Yaccarino, the Town Board's
Labor Relations Consultants.
31.-Vote of the Town Board: Ayes.: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
32.-Moved by Supervisor Harris, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southoid hereby accepts the bid
of Lewis Tree Service, Inc., Rochester, New York, at the price of $7.62 per cubic
yard of processed material, for supplying the labor and equipment services needed
for the volume reduction by shredding o~ chipping all of the brush debris generated
within the Town of Southold by Hurricane Bob, and currently accumulated in the
borrow pit at the Southold Town Landfill, Cuchogue, including stumps and logs
of a diameter greater than 12" (option 2); all in accordance with the recommendation
of Commissioner of Public Works Jacobs.
32.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: It is my understanding, that some 7,000 tons of debris
came in from Hurricane Bob, that has been at the Town Landfill, and we're happy
that this bid has finally been executed, and agreed to, and we're looking forward
to the product that is going to be generated, which the residents have been
greatly appreciating over the last few years, since we started an aggressive
recycling program up at the Landfill. I'm sure, that once this debris is chipped
the people will be waiting, I'm sure with their pickups to take it out as quickly
as it get built up. I need a motion to exercise an option to acquire the
agricultural rights in the land of Berkman, Courtenay, and Dickerson.
33.-Moved by Councilman Wickham, seconded by Supervisor Harris,
WHEREAS, the Town Board of the Town of Southold enter into option agreements
with (1) Barry Berkman & others; (2) Adrian H. Courtenay, III; and (3) Chester,
Parker & Betsey Dickerson for the purchase of the development rights in their
agricultural lands; and
WHEREAS, the Town Board held a public hearing with respect to said options
on the 16th day of June, 1992, pursuant to the provisions of Section 25-4 of the
Southold Town Code, and
WHEREAS, the Town Board deems it in the public interest that the Town of Southold
acquire the development rights in the agricultural lands set fbrth in said option
agreements between (1) Barry Berkman & others; (2) Adrian H. Courtenay, III;
and (3) Chester, Parker & Betsey Dickerson; now, therefore, be it
RESOLVED that the Town Board hereby elects to exercise the options to purchase
the development rights in the aforesaid, agricultural lands owned by (1) Barry
Berkman & others; (2) Adrian H. Courtenay, III; and (3) Chester, Parker & Betsey
Dickerson; and
BE IT FURTHER RESOLVED that the Town Clerk be and she hereby is authorized
and directed to give notice of such acceptance to (1) Barry Berkman & others;
(2) Adrian H. Courtenay, II1; and (3) Chester, Parker & Betsey Dickerson; and
BE IT FURTHER RESOLVED that the Supervisor be and he hereby is authorized
and directed to execute any and all required documents for the acceptance of said
development rights.
33.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I'd like to go on record congratulating the Moelius farm,
which is the first purchase of lands under Agricultural Development Rights Bond
referendum, that was passed by the people on November of 1991, and I'd also
like to congratulate the Dickersons,- who are in the audience, and of course, the
Berkmans, and the Courtenays, for their purchase~, and thank you for the oppor-
tunity to acquire development on those parcels to keep an active, and productive
far~n in Southold Town, which is of the utmost importance, obviously especially
in these times, when we're looking to preserve the character, and the rural
heritage of this township. Are there any member of the Board, that would like
to address the audience?
COUNCILMAN WICKHAM: Very briefly, I'd like to say, those people who are
concerned about the Stewardship Initiative, there have been a lot of progress.
The Chairman, who's been designated by the Board, has met, and spent some
time with the Supervisor last week, and is getting up to speed, and intends to
call meetings of the Stewardship Task Force, and get on with the business as soon
as the school year is completed.
SUPERVISOR HARRIS: He also sent a letter to the Board thanking him for his
role as Chairman of this group, which is on record as far as communications.
Anyone else? (No response.) I'll entertain a motion to adjourn.
Moved by Councilman Wickham, seconded by Councilman Lizewski, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 8:L~7 P.M.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Judith T. Terry ~
Southold -~own Clerk