HomeMy WebLinkAboutTB-04/07/1992379
SOUTHOLD TOWN BOARD
APRIL 7, 1992
WORK SESSION
Present: Supervisor Scott L. Harris, Justice Raymond W.
George L. Penny IV, Councilman Thomas H. Wickham,
Lizewski, Councilwoman Alice J. Hussie, Assistant Town
Kiernan, Town Clerk Judith T. Terry.
Edwards, Councilman
Councilman Joseph J.
Attorney Matthew G.
9:35 A.M. - Harvey Bacjshaw, Mattituck, appeared before the Board to"make a
statement and complaint of how much money and time it takes to get a permit before
the various Boards"in the Town. Mr. Bagshaw related problems he said he
encountered why trying to rent two of his commercial properties in Mattituck,
blaming the Planning Board and Building Department.
10:05 A.M. - Rudolph Bruer, Esq. met with the Town Board to answer any
questions they might have with respect to the proposed resolution (see no. 26) to
grant a waiver of two paragraphs of the Covenants and Restrictions for the Southold
Villas, Inc. property.
10:20 A.M. For Discussion items: (1) Proposed dedication of open space in the
"Woods at Cutchogue" subdivision. Further research is required by the Town
Attorney. (2) Letter from Lawrence Healthcare, administrators of the Town's health
plan, asking whether the Board will offer coverage for transdermal nicotine patches
or nicotine chewing gum, _as .they have received calls from the Town's plan members
concerning this question. The Board decided not to provide those benefits. The
Supervisor asked Principal Account Clerk Cushman to speak to Tom Walsh of
Lighthouse Counseling about aiding the Town in this area. (3) Authorized Town
Clerk to readvertise for resumes for a temporary stenographer for the. Board of
Assessment Review (see resolution no. 27), as there were no applicants through the
first advertisement.
10:40 A.M. -The following officers of the Suffolk County Water Authority met with
Town Board to present their proposed pilot project for water main installations in
the Laurel/Mattituck area: Michael LoGrande, Chairman, Edward Rosavitch, Chief
Engineer, Patrick Dugan, Chief Chemist, Herman Miller, Superintendent of
Production. The area to be served would begin at the Riverhead Town boundary
in Laurel, and run along Peconic Bay Boulevard to Bay Avenue, then north to the
Main Road, and include the streets extending off of Peconic Bay Boulevard and Bay
Avenue, a total of about 713 residences. The installation and connection costs were
explained by Mr. LoGrande, Who also submitted a proposed resolution of a general
endorsement to initiate the pilot project in the Laurel/Mattituck area and preliminary
planning for a second project in Cutchogue. The Town Board agreed that their
Groundwater Resources Committee should meet and discuss the proposal prior to
adopting the resolution.
11:40 A.M. For Discussion Items (continued): (4) Establish a policy with respect
to compensation of Town employees who are members of committees (see resolution
no. 29). (5) Findings Statement for Jem Commons (see resolution no. 30). (6)
The Town Board's direction with respect to the Master Plan Update and Stewardship
Initiative. It was decided sufficient time should be set aside to discuss this subiect,
and the Board set 7:30 P.M., Wednesday, April 8th for this purpose. (7) Proposal
to waive certain provisions of the Covenants and Restrictions for Southold Villas,
Inc. was discussed with Rudolph Bruer, Esq. at 10:05 A.M. (see resolution no. 26).
12:30 P.M. - Recess for lunch.
2:10 P.M. Work Session reconvened and the Board continued the For Discussion
Items: (8) Request for permission to attend a Code Enforcement Educational
Conference (see resolution no. 31). Request from Chief Droskoski to send Bay
Constable Andrew Epple to a Marine Law Enforcement Training seminar was denied.
(10) Request from Chief Droskoski to send Detective Beth Wilson to a DARE training
conference (see resolution no. 32). (11) Appointment of individuals to the Southold
Town Shellfish Committee (see resolution no. 33). (12) Set April 13 & 14 to
interview applicants for the Stewardship Task Force. (13) Set April 10th to
interview applicants for the vacancy on the Landmark Preservation Commission. (14)
Receipt of a proposal from Cameron Engineering, P.C. for a Marine Vessel Waste
Pump-Out Facility Study. The proposal will be sent to the Trustees for comments,
and they will be invited, along with the a representative of Cameron, to the next
meeting. (15) Change in the manner of compensating the .SNAP Bookkeeper (see
resolution no. 34). (16) Request from Kathleen McKeighan-Simpson, Producer of
the TV Show known as "Southold Journal" to use the Town Seal as a background
when the Town Board meeting dates are printed on the screen. ~3oard agreed. (17)
Adjust pay rate of Assistant Cook for the Nutrition Program (see resolution no. 35).
(18) Message from Jim Grathwohl, who is planning a trip to Southwold, England,
in May, that he has obtained a special travel rate for Town Board members and
spouses. He also asked the Town Board to contribute ~250 toward a gift to be
presented at the time of the visit. Whereas the Board has sent numerous gifts and
memorabilia to Southwold, they did not feel the contribution appropriate. (19)
Draft of proposed highway specifications for minor subdivisions. A copy will be sent
to the Planning Board for comments and to Superintendent of Highways Jacobs, and
ask him to come to the next Town Board meeting to discuss the proposal.
EXECUTIVE SESSION
3:00 P.M. - On motion of Councilwoman Hussie, seconded by Councilman Wickham,
it was Resolved that the Town Board enter into Executive Session. Vote of the
Board: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilman
Wickham, Councilman Lizewski, Councilwoman Hussie. Also present: Assistant Town
Attorney Kiernan, Town Clerk Terry.---The Board discussed litigation, personnel
and proposed contractual agreement.
4:00 P.M. - Work Session adjourned.
3 81
REGULAR MEETING
A Regular Meetinq of the Southold Town Board was held Tuesday, April
7, 1992, at the Southold Town Hall, Main Road, Southold, New York. Supervisor
Harris opened the meetin9 at 4:00 P.M., with the Pledge of Allegiance of the Flag.
Present:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilman ThomaS
Councilman Joseph
Councilwoman Alice
H. Wickham
J. Lizewski
J. Hussie
Town Clerk Judith T. Terry
Assistant Town Attorney Matthew G. Kiernan
SUPERVISOR HARRIS: I need a motion to audit the bills of April 7, 1992.
Moved by Councilman Penny, seconded by Councilwoman Hussie, it was
RESOLVED that the following audited bills be and hereby ordered paid: General
Fund Whole Town bills in the amount of $143,505.35; General Fund Part Town
bills in the amount of $44,475.71; Nutrition Fund bills in the amount of $4,719.78;
SNAP Program bills in the amount of $556.26; EISEP Program bills in the amount
of $463.40; Highway Fund Whole Town bills in the amount of $28,796.86; Highway
Fund Part Town bills in the amount of $36,035.06; Employee Health Benefit Plan
bills in the amount of $38,625.66; Fishers Island Ferry District bills in the amount
of' $31,856.97; Fishers Island Ferry District bills in the amount of $140.00; Fishers
Island Ferry District Agency and Trust bills in the amount of $161.61.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
C~uncilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared,duly ADOPTED.
SUPERVISOR HARRIS: I need a motion to approve the minutes of March 24, 1992,
Town Board meeting.
Moved by Councilman Lizewski, seconded by Justice Edwards, it was
RESOLVED that the minutes of the Town Board meeting of March 24, 1992, be
and hereby approved.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervis6r Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I need a motion to approve the next regularly scheduled
Town Board meeting of April 21, 1992, at 7:30 P.M,.
Moved by Councilman Wickham, seconded by Councilman Hussie, it was
RESOLVED that the next regular meeting of the Southold Town Board will be held
at 7:30 P.M., Tuesday, April 21, 1992, at the Southold Town Hall, Southold, New
York.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
I. REPORTS.
1992.
1. Southotd Town Rec'reation Department Monthly Report for March, 1992.
2. Southold Town Building Department Monthly Report for March, 1992.
3. Southold Town Community Development Monthly Report for February,
4. Southold Town Community Development Monthly Report for March, 1992.
5. Southold Town Clerk's Monthly Report for March, 1992.
6. Scavenger Waste Treatment Facility Monthly RePort for March, 1992.
7. Southold Town Justice Edwards' Monthly Report for March, 1992.
8. Southold Town Justice Tedeschi's Monthly Report for March, 1992.
9. Southold Town Police Department Monthly Report for March, 1992.
10. Southold Town Dog Shelter Monthly Report for March, 1992.
11. '
Councilmen s Reports.
12. Supervisor's Report.
II. PUBLIC NOTICES.
la. New York State Department of Transportation, Notice of order
establishing a School Speed Limit of 25 MPH on Pike Street, Mattituck, New York.
lb. New York State Department of Transportation, Notice of order
adjusting a School Speed Limit of 25 MPH on Oaklawn Avenue, New York.
2. U. S. Corp of Army Engineers, Notice of Application of Joseph
Cornacchia to construct bulkhead, dredge with backfill and beach nourishment
in Jockey Creek, Shelter Island Sound, Town of Southold, Suffolk County, New
York. Comments received until April 20, 1992.
3. New York State Department of Environmental Conservation, Notice of
Complete Application of Samuel L. Gordon to construct a single family dwelling,
decking, driveway, sanitary system, a portion to occur within the 100 adjacent
area of NYSDEC regulated wetland, Crescent Avenue, Fishers Island. Written
comments received no later that April 23, 1992.
4. New York State Department of Environmental Conservation, Notice of
Complete Application of Joseph Cornacchia to construct approximately 390 linear
feet of bulkhead within 18 inches of exisiting functional bulkhead and dredge
lagoon, dredge open small channel. Project located at Kimberly Lane, Southold,
New York in the lagoon connected to Jockey Creek. Written comments no later
than April 23, 1992.
5. Superintendent of Highways Raymond L. Jacobs Notice of Spring Leaf
and Brush Clean-up.
III. COMMUNICATIONS. None
IV PUBLIC HEARINGS.
SUPERVISOR HARRIS: At 4:30, we have one public hearing, and it's a "Local
Law in Relation to Water Skiing".
1. 4:30 on a proposed "Local Law in Relation to Water Skiing".
V. RESOLUTIONS.
SUPERVISOR HARRIS: At this time, before we start resolutions, are there any
members of the audience, that would like to express interest in one of these
resolutions, -that we'll be enacting -shortly.~--( No ~espon-se.) If not, Judge Edwards,
why don't you lead us off?
1.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the application of the First Baptist Church of Cutchogue for
renewal of their single family house trailer permit, for trailer located on the north
side of Middle Road, Cutchogue, and used for a church parsonage, which permit
expires on April 14, 1992, be and hereby is granted for a six (6) month period.
1.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
2.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following budc~et modification to the General Fund - Whole Town 1992 Budget to
provide appropriation for Tax Receiver Software and Emergency Services vehicle:
To:
A1680.2 Central Data Processing, Equipment $ 10,488.00
A3120.2 Police, Equipment 4,800.00
From:
A1910.4 Insurance, Contractual Expenses $ 15,288.00
2.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny,. Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
3.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following budget modification to the General Fund - Whole Town 1992 Budget to
appropriate the decentralization grant received from the Huntington Arts Council
for the 1992 Summer Concert Series:
Reve nues:
A3097 NYS Dec~entralization Grant $ 700.00
Appropriations
A7270.4 Bands, Concerts, Contractual Expenses $ 700.00
3.-Vote of the Town Board: Ayes: .Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
APRIL 7, 1992
383
4.-Moved by Councilman Penny, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of Trux, Inc., Riverhead, for supplying the Southold Town Highway Department
with two (2) used 1988 Ford F-700 Dump Trucks at a total price of $30,986.00
for both units, all in accordance with the bid specifications.
4.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
5.-Moved by Councilman Lizewski, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of Edward Ehrbar, Inc., Pelham Manor, New York, for supplying one (1) Used
Dresser 250E Crawler Loader for the Southold Town Landfill, at a net price of
$52,000.00 after trade-in of a 1983 Caterpillar D6 Dozer ($18,000.00), and Brown
Tractor with all attachments ($2,000.00), all in accordance with the bid specifica-
tions.
5.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
6.-Moved by Councilwoman Hussie, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to Villaqe Commons Health & Racquet Club, Cutchogue, to hold their fifth annual
North Fork Run & Ride Biathalon, beginning at 8:00 A.M., Saturday, May 9, 1992,
using the following Town Roads, provided they secure and file with the Town
Clerk a Certificate of Liability Insurance in the amount of One Million Dollars naming
the Town of Southold as an additional insured: North Street, New Suffolk Avenue,
Ne~v Suffolk Road, Grathwohl Road, Schoolhouse Road, Depot Lane, Horton Lane,
Soundview Avenue, Mill Road, Bridge Land, and Oregon Road.
6.Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman
P~nny, Justice Edwards, Supervisor Harris. Abstain: Councilman Lizewski.
This resolution was declared duly ADOPTED.
7.-Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby commences the
lead agency coordination process in regard to the State Environmental Quality
Review Act on the Type I action of the proposed "Local Law in Relation to Zoning"
(Home Occupation, Home_Bu_sin_e_ss__Office,_ Home Pro_fes~sional Office) which amends
Chapter 100, Zoning, of the Code of the Town of Southold.
7.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
8.-Moved by Councilman Penny, seconded by Supervisor Harris,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local Law entitled, "A Local Law in Relation to Zoning" (Home Occupa-
tion, Home Business Office, Home Professional Office); now, therefore be it
RESOLVED that the Town Clerk be and she hereby, is authorized and directed
to transmit this proposed Local law to the Southold Town Planning Board and the
Suffolk County Department of Planninq in accordance with the Code of the Town
of Southold and the Suffolk County Charter. Said proposed Local Law reads as
follows, to wit:
A Local Law in Relation to Zoning
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter' 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 100-13 (Definitions) is hereby amended by 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 (2) square 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 ¢ollowing:
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 goods. (i.e., offices
providing 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 Lhem 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.
HOME PROFESSIONAL OFFICE - This shall be understood to
include t~qe 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 100-31(C)(2) is hereby amended to read as follows:
Home Occupation, including home professional offices and
home business office. In permittina these uses, the Town
Board recognizes 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 appearance of these
residential zones. In our iudqment, we find 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 I or home
occupations) should be oermittect to continue. In setting
forth the following subsections, we intend to permit as of
right Certain business' uses in residential zones with the
understanding that these uses are to be conoucted in a
manner that will no~ alter the character of our residential
neic~hborhoods. We believe the following subsections
provide sufficient safeguards to accomplish that aim.
These uses shall be permitted provided that:
APRIL 7, 1992
ao
No display of products shall be visible from the
street, and no stock-in-trade shall be kept on the
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 I1)
nonresident assistant for whom off-street parking must
be orovided on site.
Such occupation is carried on in an area not to exceed
twenty-five percent 125%) of the area of all floors of
the main building, and in no event shall such use
occupy more than five hundred i500) 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.
eo
'Studios where dancing or music instruction is offered
to groups in excess of five 15) 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+~pPa3, o~ I~dut-l-~ ~h-a+l- ~
g. Notwithstandino anything set forth elsewhere in thi,,
Article. home occupations, home business office and
home professional ~ffic~s shall 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 sions. Section 100-31Ci9)[a).
II.
jo
Home occupations, home business office and hom~,
prOfessional offices shall not include manufacturing,
fabrication or construction of any type on the site,
The outdoor storaoe of equipment necessary for
residents connected with aouaculture shall be screened
from view and shall conform to the setbacks for
accessory structures.
This Local Law shall take effect upon its filing with the Secretary
of State.
* 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
_.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
385
APRIL 7, 1992
9.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of Falve¥ Construction Corporation, Killingworth, Connecticut, the Iow bidder,
in the amount of $419,421.00, for the Elizabeth Field, Fishers Island, Airfield
Lighting, Visual Aids and Electrical Building project, all in accordance with the
recommendation of Calocerinos & Spina, Engineers, P.C., the Town's engineers
for the project; and be it further
RESOLVED that Supervisor Scott L. Harris be and he hereby is authorized and
directed to execute the contract documents for the aforementioned project, as
prepared by Calocerinos & Spina, Engineers, P.C.
9.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
10.-Moved by Councilman Lizewski, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following budc~et modification to the General Fund - Whole Town 1992 Budoet to
appropriate Park & Recreation funds for the Mattituck Boat Ramp electric~'l supplies:
To:
Revenues:
A2025 Special Recreation Fac lities $ 451.70
Appropriations:
A7110.2 Parks, Equipment $ 451.70
10.-Vote of the Town Board: Ayes: Counciiwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
11.-Moved by Councilman Penny, 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 agreement between the Suffolk
County Office for the Aging and the Town of Southold for the Supplemental Nutrition
Assistance Program (SNAP) for the period of April 1, 1992 through March 31,
1993, at an agreement cost not to exceed $31,510.00, all in accordance with the
approval of the Town Attorney.
11.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I'd like to thank Legislator Mike Caracciolo, and the rest
of the Suffolk County Legislature, for providing funds for SNAP, which is the
Supplemental Nutrition Assistance Program, for the Town of Southold. This is
a very beneficial program for the many seniors, that we have in this town, and
I'd like to express thanks on behalf of the Board for the following agreement
authorizing the funds to come to the township.
12.-Moved by ~ouncilwoman Hussie, seconded by Justice Edwards, it was
RESOLVED that the application of Sophie T. Saunders for renewal of her sincjle
family house trailer permit, for trailer located on the north side of Main Road,
Laurel, which permit expires on April 7, 1992, be and hereby is cjranted for a
six (6) month period.
12.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
13.-Moved by Councilman Wickham, 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 a Contract Bud.get Modification
Request between the County of Suffolk, Department for the A~ging, and the Town
of Southold, to amend the Supplemental Nutrition Program (SNAP) budget for the
period of April 1, 1991 through March 31, 1992, which amendment results 'n a
zero net change.
13.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
JUSTICE EDWARDS: Before I read this next resolution, fourteen, I'd just like
to explain to the people in the audience, that the Fishers Island Elizabeth Field
Airfield is going under some modifications now, and all this money, that's being
spent out there is done by the FAA. They're putting in new runway lights.
They're putting in some automatic control lights for the airport. Rather than
leave the lights on twenty-four hours a day, the pilot coming in at night can
demand the lights on, and they'll stay on for fifteen minutes, while he lands,
and then they go off again, and he can turn them on by his own radio. So,
any money that's being spent out there at Elizabeth Field is being paid by the
FAA, who has a pretty tremendous slush fund for airport rehab.
,,PR,, 7, 1,92 3 8 7
14.-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 Partial Payment Request No. Five
~vith respe'ct to the Fishers Island, Elizabeth Field Airfield Lighting (Design), ~
and Pavement Evaluation Project, all in accordance with the recommendation of
Calocerionos & Spina Engineers, P.C., the Town's engineers for the project.
14.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
~5.-Moved by Councilwoman Hussie, seconded by Councilman Lizewski, it was
RESOLVED that pursuant to Article IX of the Constitution, the Town Board of
the Town of Southold hereby requests the enactment of Assembly Bill No. 7210,
entitled "AN ACT to amend the highway law, in relation to increasing the amount
permitted to be raised by taxes for certain highway equipment in Suffolk County";
it is hereby declared that a necessity exists for the enactment of such legislation,
and the Town Board does not have the power to enact such legislation by local
law.
15.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
16.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the reduced
$42,000 Performance Bond for the major subdivision of Chardon~ay Woods at
Southold, which reduced bond amount, from the current bond of $350,000, was
approved by the Southold Town Board on February 25, 1992, all in accordance
with the recommendation of the Southold 'Town Planning Board.
16.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
17.-Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the application of Jacaueline B. Moeller for renewal of her single
family house trailer permit, for trailer located on the north side of County Road
48, Southold, used for housing an employee at her stable and riding school, which
permit expires on April 9, 1992, be and hereby is granted for a six (6) month
period.
SUPERVISOR HARRIS: This is a security trailer, that she has up on her premises.
17.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
18.-Moved by Supervisor Harris, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby withdraws their
authorization for a $70.00 advance fee check to enable Recreation Supervisor
Kenneth Reeves to take a Water Safety Instructor ~ourse this spring, however,
authorization remains for the text book fees of approximately $25.00 to $30.00,
as Mr. Reeves will be taking the course in the fall; charge to be made to A7180.4,
Beaches, Contractual Expenses.
SUPERVISOR HARRIS: This course was cancelled, and as obviously in the
resolution, it will be offered in the fall.
18.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
19.-Moved by Councilman Wickham, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following budget modification to the General Fund - Whole Town 1992 Budget to
appropriate Park & Recreation funds for the Mattituck Boat Ramp crane work,
hardware and lumber:
- To:
Revenues:
A2025 Special Recreation Facilities $ 1,550.06
Appropriations:
A7110.2 Park, Equipment $ 1,550.06
19.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution=was declared duly ADOPTED.
3,:88 APRIL 7, 1992
20.-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 a Contract Budget Modification
Request between the County of Suffoik, Department For the Agining, and the Town
of Southold for the Greenport Site Nutrition Program, for the agreement period
of January I, 1991 to December 31, 1991, which amendment results in a zero net
change.
20.-Vote of the Town Board: Ayes~ Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
21 .-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
resignation of Albert Newalis, Gate Attendant at the Southold Town Landfill,
effective March 31, 1992.
21.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
22.-Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of East End General Contractors, Inc., Southampton, 'n the amount of $22.614.00,
for furnishing all labor, materials and equipment for the contruction of New
Restroom Facilities at the Southold Town Beach, al in accordance with the bid
specifications.
22.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: This will restore the damage, that was done by one of
the storms, that we had last fall to our beach facility, that was located in Southold
Town on County Road 48. That restroom facility was completely destroyed, as
everyone remembers, that building split in half. It was a block building. It
is now going to be rebuilt next to the road, away from tt~e beach, hopefully to
avoid further storms, that can damage it once again.
23.-Moved by Councilwoman Hussie, seconded by Councilman Lizewski, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Steven
H. Maxheimer as a Scale Operator, from the Suffolk County Department of Civil
Service Certification of Eligibles List, effective April 23, 1992, at a salary of
$11.25 per hour.
23.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
24.-Moved by Councilman Lizewski,-seconded by Councilman Penny, it was
RESOLVED that the application of Richard T. Girards, President of Wolf Pit
Nurseries, Inc. for renewal of his two (2) trailer permits, one used as an office
trailer, and one used as an office and employee break area, and located at Wickham
Avenue, Mattituck, which expire on April 7, 1992, be and hereby are ,granted
for a six (6) month period.
24.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
25.-Moved by Councilman Wickham, seconded by Supervisor Harris,
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED APRIL 7, 1992, AUTHORIZING THE
PURCHASE OF A BACK-HOE FOR THE USE OF THE TOWN
HIGHWAY DEPARTMENT, STATING THE ESTIMATED
MAXIMUM COST THEREOF IS $100,000,
APPROPRIATING SAID AMOUNT THEREFOR AND
AUTHORIZING THE ISSUANCE OF $100,000 SERIAL
BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION.
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF
SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not
less than two-thirds of all the members of saiQ Town Board) AS
FO?.T ~)WS:
APRIL 7, 1992
389
Section 1. The Town of Southold, in the County of
Suffolk, New York (herein called "Town"), is hereby authorized
to purchase a back-hoe for the use of the Town Highway
IGHWAY DEPARTMENT. The estimated maximum cost of said specific
object or purpose, including preliminary costs and costs
incidental thereto and the financing thereof, is $100,000 and
said amount is hereby appropriated therefor. The plan of
financing includes the issuance of $100,000 serial bonds of the
Town to finance said appropriation and the levy_ and collection of
taxes on all the taxable real property in the Town to pay the
principal of said bonds and the interest thereon as the same
shall become due and payable.
Section 2.- Serial bonds of the Town in the principal
amount of $100,000, are hereby authorized to be issued pursuant
to the provisions of the Local Finance Law, constituting Chapter
33-a of the Consolidated Laws of the State of New York (herein
called "Law"), to finance said appropriation.
Section 3. The following additional matters are hereby
determined and declared:
(a) The period of probable usefulness of said specific
object or purpose for which said $100,000 serial bonds authorized
pursuant to this resolution are to be issued, within the
limitations of Section 11.00 a. 28. of the Law, is fifteen (15)
years; provided, however, that the bonds authorized pursuant to
this resolution or bond anticipation no{es issued in anticipation
of the sale of such bonds shall mature no later than five (5)
years from the date of the original issuance of bonds or notes
heretofore or herein authorized for such object or purpose.
(b) Current funds are not required by the Law to be
provided as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes
issued in'anticipation thereof in accordance with Section 107.00
d. 9. of the Law.
(c) The proposed maturity of the bonds authorized by
this resolution will not exceed five (5) years.
Section 4. Each of the bonds authorized by this
resolution and any bond anticipation notes issued in anticipation
of the sale of said bonds shall contain the recital of validity
as prescribed by Section 52.00 of the Law and said bonds and any
notes issued in anticipation of said bonds, shall be general
obligations of the Town, payable as to both principal and
interest by general tax upon all the taxable real property within
the Town ~ithout limitation of rate or amount. The faith and
credit 0f ~he Town are hereby irrevocably pledged to the punctual
payment of the principal of and interest on said bonds and any
notes issued in anticipation of the sale of said bonds and
provision shall be made annually in the budget of the Town by
appropriation for (a) the amortization and redemption of the
bonds and any notes in anticipation thereof to mature in such
year and (b) the payment of interest to be due and payable in
such year.
Section 5. Subject to the provisions of this resolution
and of the Law and pursuant to the provisions of Section 30.00
relative to the authorization of the issuance of.bond
anticipation notes and of Section 50.00 and Sections 56.00 to
60.00 of the Law, the powers and duties of the Town Board
relative to authorizing bond anticipation notes and prescribing
the terms, form and contents and as to the sale and issuance of
the bonds herein authorized and of any bond anticipation notes
issued in anticipation of said bonds, and the renewals of said
bond anticipation notes, are hereby delegated to the Supervisor,
the chief fiscal officer of the Town.
Section 6. The validity of the bonds authorized by this
resolution and of any notes issued in anticipation of the sale of
said bonds, may be contested only if:
(a) such obligations are authorized for an object or
pu~?ose for 'which the Town is not authorized to
expend money, or
(b) the provisions of law which should be complied with
at the date of the publication of such resolution
are not substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such publication,
or
such obligations are authorized in violation of the
provisions of the constitution.
APRIL 7, 199:2 3 9 1
Section 7. This bond resolution shall take effect
immediately, and the Town Clerk is hereby authorized and directed
to publish the foregoing resolution, in full, toe/ether with a
Notice attached in substantially the form prescribed by SS1.00 of
the Law in "THE LONG ISLAND TRAVELER-WATCPL~AN," a newspaper
published in Southold, New York, and in "THE SUFFOLK TIMES," a
newspaper published in Mattituck, New York, each having a general
circulation in the Town and hereby designated the official
newspapers of said Town for such publication.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman kizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
26.-Moved by Supervisor Harris, seconded by Councilman Wickham,
WHEREAS, by resolution dated May 22, 1990, the Town Board of the Town
of Southold 9ranted a change of zone to Southold Villas, Inc. for a parcel
located on Route 25 in Southold, more particularly described in the resolution,
from "A-C" Agricultural-Conservation District to "AHD" Affordable Housing
District, subject to the filing of certain Covenants and Restrictions, and
WHEREAS, Southold Villas, Inc., filed said Covenants and Restrictions with
the Suffolk County Clerk on or about September 10, 1990 and said Covenants
and Restrictions can be found in Liber 11139, Page 030, and
· WHEREAS, said Covenants and Restrictions restrict, inter alia, the manner in
which the subject premises may be resold prior to the commencement of any
residential construction thereupon, to wit:
2(b) Prior to any resale the owner shall provide the Community
Development Director of the Town of Southold with a notice
of intent to sell and an offer of such parcel to the Town
of Southold at a price determined by the provisions of
subparagraph (a) above. Said notice and offering shall be
delivered to the Community Development Director of the
Town of Southold in written form and, failing a written
acceptance or rejection by the Town, will expire 30 days
from receipt., and
2(d) Only those applicants qualifying under the guidelines of
the Affordable Housing Ordinances of the Town of Southold
shah be eligible to purchase said parcel of real property,
except as set forth in subparagraph (b) above.
WHEREAS, the Town Board of the Town of Southold has been requested by Peconic
Properties, Inc., contract vendee of the premises, to waive the aforementioned
paragraphs of the Covenants and Restrictions as it' applies to the proposed sale
of the premises from Southold Villas, Inc., to Peconic Properties, Inc., in order
that the proposed transaction does not violate the Covenants and Restrictions,
now, therefore, be it
RESOLVED, that the Town Board of the Town of Southold hereby waives its right
to enforce paragraphs 2(b) and 2(d) of the Covenants and Restrictions for this
proposed transaction only, and
BE IT FURTHER RESOLVED, that the Town Board of the Town of SouthoId
specifically reserves and reaffirms the right to enforce in the future these and
all other Covenants and Restrictions filed regarding these premises. This waiver
shall not operate to relieve the grantee of its obligation pursuant to Covenants
and Restriction 2(b) and 2(d') above.
26.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution' was declared duly ADOPTED.
SUPERVISOR HARRIS: It's 4:30, and I've just been reminded by our Town Clerk,
we have public hearing, which is scheduled, a proposed "Local Law in Relation
to Water Skiing". I need a motion to recess.
Moved by Councilman Penny, 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.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
39~2 APRIL 7, 1992
Meeting reconvened at 4:37 P.M.
SUPERVISOR HARRIS: We'll go back to our regular scheduled resolutions.
27.-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 readvertise for resumes for a temporary stenographer
for the Board of Assessment Review for the 1992 sessions, at a salary of $7.25
per hour.
SUPERVISOR HARRIS: Is there anybody in the audience, that would like to
apply for this temporary position, that pays $7.50 an hour. We're advertising
in our local papers to supply someone to the Board of Assessment Review for a
short period, which will be sometime in May for about two weeks.
27.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
28.-Moved by Councilman Lizewski, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to Recreation Supervisor Kenneth Reeves to attend the 4th Annual Spring
Conference of The Long Island Recreation, Parks and Leisure Services Association,
to be held from 8:00 A.M. to 4:00 P.M., Friday, May 1, 1992, at the Radisson
Plaza Hotel, Melville, and the necessary expenses for registration and travel shall
be a legal charge to the 1992 Recreation Budget.
28.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
29.-Moved by Councilwoman Hussie, seconded by Justice Edwards,
POLICY WITH RESPECT TO COMPENSATION OF TOWN EMPLOYEES
WHO ATTEND MEETINGS OF STANDING COMMITTEES
WHEREAS, the Town Board of the Town of Southold views participation in committee
meetings as an opportunity for professional growth and career advancement, and
WHEREAS, the Town encourages its employees to attend these meetings. Now,
therefore, be it
RESOLVEDr-that.-the Town Board establishes the_folio.wing policy with_, respect
to compensation of Town employees who attend meetings of standin9 committees:
Employees attending meetings of standing committees will be
compensated by the Town of Southold provided attendance
at such meetings has been requested by Councilman who
chair such committees and such attendance is authorized, m
advance, by the Supervisor.
BE IT FURTHER RESOLVED, that the Town Board urges that in the event an
employeee is entitled to compensation as a result of his attendance at such
meetings, such compensation take the form of compensatory time.
29.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
30.-Moved by Supervisor Harris, seconded by Councilman Wickham,
FINDINGS STATEMENT
State Environmental Quality Review Act
RESOLVED that pursuant to Article 8 (State Environmental Quality Review Act -
SEQRA) of the Environmental Conservation law and 6NYCRR Part 617, the Town
Board of the Town of Southold as lead agency, makes the following findings with
regard to the petition of Jem Realty Co. (Jem Commons, Greenport):
DESCRIPTION OF ACTION
The project involves the proposed reqoning of a 62-acre parcel of land as follows:
the southern 42 acres fronting C.R. Route 48 from "R-80" zoning district
(residential Io~z-density;2-acre minimum) to "HD" Hamlet Density District; and
the northern 20 acres fronting Long Island Sound from "R-80" to "R-40" zoning
(residential Iow density; 1-acre minimum). The rezoning's to allow construction
of 30 affordably priced homes 122 moderately priced homes and 19 luxury priced
homes on the 62 acre site.
LOCATION
The project is located on the north side of North Road (C.R. Route 48),
east of Sound Road, Greenport, New York. The site is more definitively
identified as Suffolk County Tax Map Numers 1000-035-0100-024.
APRIL 7, 1992
3 93
LEAD AGENCY JURISDICTION
The proposed action involves a change of zoning. The action is under consideration
by the Town Board of the Town of Southold, as a petition for the zone change. The Town
Board has exclusive legiSlative authority over change of zoning petitions in the Town of
Southold, and therefore is the lead agency and only involved agency. Depending upon the
outcome of the change of zoning,' additional agencies will have jurisdiction regarding
?hy, sic, al deve. top~m_~ent of the site. These interested agencies have been acknowledged and
mcmaed in tt~e.gl5 prOcess for comprehensive project planning.
DATE FINALEIS FILED: November 17, 1989.
FACTS AND CONCLUSIONS IN THE ElS RELIED UPON TO SUPPORT THE DECISION
The proposeO change ot zone application has been subject to a Draft and k'inal El5 in
accordance with procedures established under the State Environmental Quality Rev/ew Act.
The Town Board after deliberation and review of the Long Environmental Assessment
Form (EAF) issued a Positive Declaration on Jem Commons, on April 24, 1990.
Subsequently, at a mutually convenient time, a Scot)lng Meeting was held with the applicant
on June 18, 1990. After submission of a Draft EIS ;,vith several necessary revisions, the Draft
EIS was accepted by the Town BOard on July 17, 1991, and circulated for a minimum 30-day
comment period. Within this Period, a public hearing on the Draft EIS was held on August
13, 1991. After compiling substantive comments, a letter contalnina comments and recmired
EIS fon,,at was forwarded to the applicantin September, 1991. Th~ content and adeq~acv
of the Final EIS is the responsibility of the lead agency regardless of who r)revares it. In ~e
case of Jem Commons, the applicant and the Town mutually agreed to atfow~the applicant to
prepare the Final EIS which would be rev/ewed for adequacy, by the Town. After submission
of a Final EIS with several necessary revisions, the Final EIS was accevted by the Town
.B,o~d on Nov~emb~ 12, 1991. The applicant and the Town also mutually agreed to delay
me issuance ot the statement of Findings until a hearing On the change of zone was held'on
February 4, 1992, in order to provide a torum for additional public input into the zone
change decision process. Following deliberation of the facts and testimonY, the Town Board
has directed the preparation of this Statement of Findings on the Final EI~ for Jem
Commons.
These findings present the facts and conclusions in the Final EIS documentation,
which are considere0 by the Town Board in connection with a decision on the change of
zone petition. Facts and conclusions are identified herein, under the categories consistent
with the EIS. The Draft and Final EIS erolored a multitude of issues; however, issues
presented herein are considered to be themost irn-portant ones as regards a decision on the
~roject. The Final EIS contains detailed analysis of all impacts relating to the project;
owever, for the purpose of these findings the' following discussion on key issues is provided:
GEOLOGY
Topography
The project site includes an escarpment associated with eroding headlands adjacent
Long island Sound. The stability of the bluff depends upon environmental conditions
during the time preceding assessment; however, a blfiff area is considered to be a
highly unstable geologic feature. .
With regard to land use issues, the tol~ of the escarpment must be protected from
improper grading, clearing of vegetatlon and diversion of stormwater runOff. The
port/on of the site adjacent the bluff is in excess of 1/2 mile from the boundary of the
Village of Greenport, and this is presumed to be the reason why the north 20 acres
.are proposed to be rezoned to "R-40" instead of"HD". This proposed density
~ncrease represents a doubling effect in terms of zoning from "R-80" to "R-40".
The Town Board fines that the fragile nature of the bluff area is best served by
maintaining a low density for development, in order to promote adequate setbacks
and ensure that improper land use does not occur atop the bluff. The applicant has
proposed to maintain a 100 foot buffer area between homes and the bluff; however,
this does not consider potential adverse impacts associated with: tree clearing for
views and yards; grading for lawns, foundauons, leaching systems, etc. and other
domestic impacts which have occurred in similar areas. Once land is subdivided and
maintained m private ownership, it is difficult to enforce covenanted restrictions or
other similar means of trying to maintain proteCtive features of the bluff.
Greater than t00 foot setbacks for structures with wide natural areas adjacent to a
bluff could be considere{a as additional m~ti~auon. In addition, land use involvin~
clustering to preserve common oCen space adjacent the bluff would pro,ride for
greater protection of the area. affd allow a larger population to enjoy scenic
resources. This land use is nor reflected in the proposed project or the 171 Unit
Alternative "R-40" Cluster design which was intended to explore alternate ooen space
options on the north part of the-site. These considerations are appropriate ,;or any
land use which may occur adjacent the bluff.
WATER RESOURCES Groundwater
The project site is located in Groundwater Management Zone IV. a local water
supply aquifer which has predominantly horizont~.l flow with discharge to north shore
surtace waters. There is adequate depth to allow subsurface installafion of leaching
structures as necessary. Water aualitv beneath the subiect site is not identified as
being si~icantly impacted by riitrate and aldicarb common in other agricultural
areas of the Town.
The oroiect involves r~ror~osed connection to the Villaae of Greenr~ort Sewaae
Trea~tm~nt Plant. The p~oposed Croject is not within the {2/strict ~i~undaries~of the
Greenr~ort STP: however, the applicant sCeculates that the r>roiect will be connected
to the/>iant. The Village of Greenr~ort S/~erintendent prokid~d a letter of comment
on the'Draft EIS and indicated thai the Village presently has a moratorium on new
connections outsioe the district. Furthermore. the Superintendent indicated
"Anticioated more stringent requirements for sewer systems of ~eater capacity than
our ex~srmg system causes concern regarding any exmansion of the svstem-car~acir~
outside th~ Village limits. Consequently, the altern~.tives to the use' by this r~roje~t of
the Greenrmrt Sewer System and the effect of such alternatives shoul~l be c~.refullv
considerea'~. The connection of the "HD" project east of Jem Commons (Breaker~ at
Lands End) to the Village of Greenport STP will apparently be honored by the
Village as a commitment pr/or to the moratorium; however', this does not ensure
connection of the proposed project.
Alternatives to STP connection were investigated in the Final EIS. An on-site sewage
treatment plant could be constructed which would result in the loss of tots or open
space due to Suffolk. County Health Der~artment (SCDHS) setback re&uirements. In
addition, the Final EIS indi'cates that "small canacity sewage treatmem-piants tend to
have operating problems due to their size and cost to construct and maintain".
Operational problems may result ~n environmental consequences including water
hquality proDiems, odors, etc. The.Town Board has concern with regard to pro~er
andling and disposal of sewage at the subject site. Tie-in to the Greenport sTP may
not occur and there are concerns with regard to construction of aseparate on-sire
sewage treatment r~lant. Sewage treatment facilities are not reqmred for several
alternatives anal,,z-ed in the Final EIS including: F_.x/sting Zonino Use E.'dsting
Zomng Cluster use; an0 the R-40 Alternative. The Existing Zoning Use and the
Ex/sting Zoning cluster are. dismissed as economicallv infeasible: however, the site ~s
zoned "R-80". fn addition, the Final EIS notes that "fl approval cannot be obtained
fi-om Suffolk County. Health Department to construct an on-site sewage treatment
plant, lot sizes would have to be increased to t~vo units der acre and oh-site sanitary
installed. This indicates there is an
systems (Subsurface Sewage Disposal Systems) ' -"
additional moderate density alternative which would not require construction of an
STP. Therefore. the Town Board finds that there are other viable sewage disposal
alternatives which would not present as much concern as the proposal a~dvanced by
the applicant.
Water sur>r>lv ~s an additional asoect of water resources which ~vas investigated in the
Final E~S roi- Jem Commons. The oroject prooonent intends to connect to.the
Village of Green~ort water supply ~ystem. Th~ applicant indicates that water will not
be required until'1994-1995, ahd that the Village )ntends to add additional water
car>acitv to the existing distribution system. The Village of GreenDort Superintendent
of-Utilities prov/ded a comment on the Draft EIS regardin~ water-supply, as follows:
"The DEIS indicates an auolication has been made to the Greenrmrt Water District
and is Cresently pending. At this point it is ~mDossi ble to Dredict\vhat the Green¢ort
Water-District's additio~nal capacity, if any, w~ii be at such-time as it may be requfred
for this proposed project....Presently, the district's water contracts to nr3vide water for
new projects exceed the district's excess capacity.". Based u¢on this cbmment, it is
apparent that the district will seek new water sources in order to accommodate
additional develoCment in the district. This does not necessau ensure or justify
water sur>~lv for ~- high density chan~e of zone project, such as Jem Commons. 'The
Town B&ir~t has concern over the ability of existing nnd proposed utilities to supply
water to the subject site. as reflected by the letter from the Villa~e of Greenoorr. The
proposed project would increase water; use from 9,600 gall0ns/dS.y (gpd) under
existing zoning to 51,300 ~mpd (over.a 500%.incyease). TID_e site is identified in the
APRIL 7, 1992
395
Draft EIS as lying in the North Fore water ouclget area Zone iV, which is critical in
terms or' water SuoDiv. Estimates bases upon uermlssive sustained yield as compared
to r>redicted consi~inbtive use in the year 2,000, predict a slight water sunpiy sun~lus;
ho~vever, si~mficant land use densiw.'increases Could increase consumpti6n and'
reauce the surplus. Therefore. with re~ard to water supply, there is concern over
ability, of existing and future utilities to serve the proje6fas well as concern for
increase in water use. All of the other alternatives analyzed in the Final EIS (except
the t71 Unit Alternate Cluster) would significantly redtice water demand, therefore,
it is apparent that other via01e aiternatives wouid have less impact on this resource.
TERRESTRIAL & ECOLOGY - Vegetation & Wildlife
The site is documented as containing predominantly old field habitat in a late stage of
succession. T'ne field contains herbaceous species ~nd is being pioneered by trees,
shrubs and vines since the cessation of farmln~. The site supports larger mammals
including red fox and white-tailed deer as wei[as small mammals which likely attract
raptors such as the red-tailed hawk and the northern harrier (NYS Threatened
Species). The site provides some suitable habitat for the grasshopper sparrow (ixFYS
Special Concern Species); however, none were observed onsite and it was noted that
the natural succession of the site habitat would elim/nate habitat for this species. The
site also provides unioue habitat in cavities under the tOD edge of the bluff for
tmcomm~)n kingfisher~ and bank swallows. As mitigatioh th~EIS recommends that
~reOde and pets should be kept off the bluff, and stairways should be 50 feet or more
o~ the observed nests.
The proposed project involves the use of a 62 acre parcel, presently zoned 'R-80".
"R-80" zoning ~s a low densi~ district which would .511ow for preserVation of wildlife
habitat and open space either he,peen dwellim, s due to large lot size or through
clustering for morg contig-uous open s~ace as n~ted in the alternative section ~f the
EIS. The project design concept involves full use of the proper~ with 152-10,000+
square foot lots and 19-40,000+ square toot lots. The concept proposes retention of
an 85,200 square foot buffer along C.R. Route 48, or less than 3 percent of the site
(average depth of 175 feet). A 171 unit cluster alternative (reconfiguration of
proposed "R-40" area to north), would preserve additional open space (total of
610,200 sauare feet; 22.6 ~ercent of site), however, this would greatly intensify
development in proximit); to the bluff. ' ·
It is noted that the adiacent site to the east of the subject app. lication is zoned "HD"
district, and an aapro~,ed development alan provides a sig~licant area of open space
in the southwest }~art of the 132 kcre sit~, adjacent the so~tthern half of Jen{ ~
Commons. The proposed project does not consider the adjacent land use in terms of
coordination of open space for maximum retention of conti,maous habitat. The Town
Board has concern over the project design concept and the [ack of retention of open
space and natural habita~ area on a parcel demonstrated as being important tO local
wildlife. Several alternatives have been explored which would provide much ~eater
opportunity, to preserve and align conti~oi~s open space than ~hat is proposed under
the rezoning appiication, inciud/n*; .~xistin~ Zonin~ Use; E,'fistin~ Zoning Cluster
Use: and the R-40 Alternative. Efforts should be made to coordii2ate op~n space
with the parcel adiacent the east properw boundary., in order to provide~ a m~an/n~ful
open spa*ce/wildlife habitat area.- In addltion, retention of nestini habitat for bani~
swallows and kingfishers is consistent with goals of bluff setbacks~and stabilization
discussed above under Topography.
AGRICUL~.RESOURCES - Soils
The southern 2/3 of the project site is dorninated by Haven Loam. which is a prime
agricultural soil. The imblementation of the proposes oroiect would permanently
foreclose possible future'aancuimrai use of tflis ~oit. The Draft EIS i~dicated that the
site has not been farmed i~ 18 years, and the vroiect sponsor has made attempts to
lease the parcel for farming without success. Th~ Draft EIS further notes that "the
lack of an adeauate from labor force ... along with the netative economics of farming
small farms has vermanentiv precluded the use of this sit~ for aaricultural numose.q"
Tile conclltzons dentmed m the Pratt EIS have lead to the decline of certmn razndng
on the North Fork; however, this decline has resulted in alternative agricultural use
includin~ vineyards and orchards, etc. Accordingly, the statement alluding to
econormcs permanently precluding agricultural use of the site is not entirely correct.
3 9:6 APRIL 7, 1992
Low aensirv residential zoning provides the oppormmty to consider clustering to
preserve extensive contimaous areas of prime a~riculturat soil to be retained as open
space or possibly utilized in the future tor agricultural purposes. The Final EIS
erolores an R-40 cluster development, and notes the following: '~i'his alternative,
however, does reduce water usage and impacts to wildlife due to providing a large
area of open space". Similar coficiusions with regard to open space retention and
water use reducuon are reached in considerador{ of the Existin~ Zoning cluster, and a
reduced densiw development. The F_xistmg Zoning cluster is d~sm/ssed as
economically ihfeasibl~; however, the site zs zoned "R-80". The Town Board finds
that the proposed project would permanently foreclose this possibility of presenting
open space and prime agriculmrai soils.
LAxND USE& ZONING - Existing Land Use & Zoning
The proposed project lies east of an area zoned "R40" which was predominantly
developed at higher densities (1/4+ acre lots) pr/or to rezonings ik/tiated by the
Town Board. There are still larger tracts of subdividable property within the "R-40"
zone; however, none are directtv adjacent the project site. South.' and southeast of
the project site are two parcels 3~oned for. L~ght Bus~ness, and a 132 acre parcel east
of the site is zoned "HD", and has an approved site plan for clustered condominiums
at a densi .ty of 2.6 units per acre. ,~ther zoning in the area includes "R-80" and "R-40"
south of C.R. 48 and one smaller Residential/Office" zoned arcel
p ·
The vroiect seeks to rezone the parcel to what the Draft EIS refers to as a more
com6ati~ble zoning district, consistent xvith the parcel to the east. The portion of the
project site to be rezonecl to "HD" exceeds the~ensitv of land use to the east by one
umt Der acre. The Draft EiS addendum indicates trait this zonint,_ would more closely
reflect the goals of the Master Plan for expansion of the Greenvt~rt hamlet center.
Land use issues relating to the Master Plan will be discussed bdlow: however, strictly
in terms of Iand use. the "R-SO" zoning is compatible w/th adjacent zoning and use.
East of the site the Breakers at Lands End is & high density residential proposal,
which, has been provided with utility, connection. The design preserves a si~rfificant
amount of oven space adjacent the subiect site and is a lower density per acre than
the "HD" poi/ion'of the site. Future use of the Jem Commons site sh6uld provide the
ability to allow setbacks from C.R. 48 and adiacent light business zoned p&rcels, and
should coordinate conti_o-uous oven space with Breakers at Lands End. These desi_~Pn
issues can be more easily accommocmtecl under a less tntense residential use. Wes~ of
the site are residences on lots of 1/4+ acres. This is considered a hi~,h density
residential use which would be compatible with a similar or lower de~nsirv use of the
subject site. The Town Board has cbncern with regard to the overintensification of
use on the Jem Commons property. In terms of land use it is concluded that the
"HD" proposal is compatib)e x{4th ~.d/acent uses. as are other lower ctensirv
alternatives, wkich mviv be more sermmve to other more compeiiing environmental
issues as discusseu in other sections of theSe findings.
Land Use Plans
The proposed Jem Commons project was reviewed in the context of land use plans in
the Draft EIS addendum. The document notes that the proposai is consistent'with
the _*pals and intent of the Master Plan bv encouraging ~oderately priced hous,ng
through high densz~ zoning, Dy e>manaink the Gre~nport hamlet center within 1/2
mile of the Villaze boundary. Th~ fact d/at a portion' of the site is within 1/2 mile of
the Vitlaze boum]arv indicates that the subject site is eligible for consideration of
Hamlet Density zoning; however, this zoning is not guaranteed through the Zoning
Code Chapter 100, Article IV, or the Master Plan.
The concept of providing affordable housing is positive. Under the proposed
project. 30'homes would be affordably priced as defined under the Suffolk County
Fast-Tracking Affordable Homes Program (less than $100.000). The balance of the
homes in the "HD". zone wou]d be offered at prices of $129,000 to $165,000. Nineteen
proposed project would offer an additional 30 affordablv priced homes to the existing
housing stock, it would forecl ese the possibility of provi~ting a greater percentage of
homes to moderate income families. Based upon this understanding, this
increased density provides only 30 units (less than 20% overall] as
affordable housing to County-wide residents. The Town Board is
considering the fact that there are alternative land use proposals which
would be more equitable to the residents of the Town of Southold on
both an economic and enwronmental basis.
APRIL 7, 1992
A Master Plan is continually subject to rev/ew and change in resvonse to economic,
en'aronmental and social climate, throuah leaislative and plannina decisions of
imolementing boards. Furthermore, altfiough the goals ot the MaTster Plan include
promoting affordablv priced housing through controlled expansion of hamlet centers
where ad.equate utili'ties are available, these goals must be balanced against other
resource ~ssues. Finally, the e.'dsting low density zomng in the area north of
Greenoort. is a result of the Master Plan, and '&as presumably recommended and
chanz~a for economic, env/ronmental and social reasons. Those areas (within 1/2
mile of tee Village, wire adeauate utilities} could r~resent an opporrunirb for density
increase if justified basec~ ur~on review and balancing of overall Master Plan goals.'
The following goa2s and r~otides are noted in the Master Plan with regard to
Environ rnent:
* Restrict devetonment in wetlands, tidal marshes, bluffs, dunes and beaches.
· Promote a deveio~ment pattern that is resvonsive ro sensitive areas exhibiting
prime am-icuitural- soils. Door drainage, high water table, hiah erosion hazard.
flood hazaro, sensitive c6astai features, great scemc aualitv~and woodlands.
" Protect the Town's water sur)alv from further contan'finati(}n by encouraamg the
use of techniaues that reduc~d~'otlution from fertilizers, herbicldes and a-esficides
(agricultural &nd residential), i'equirlng adeauate water suomy and seotic svstem
conditions for new develor>ment, and emplo.ging minimurn~maintenanke dr~dging
of streams (to minimize salt water intrusion).
Promote develooment vatterns that are at as scale that is commensurate with the
available water 2upply.'
With regard to the Cultural Environment. the following policy, is noted in the Master
Plan:
Plan for intensiw and mLx of devetooment of hamlet centers that imf>rove the
viability, functioking and aesmetics bf harmer commerciat centers wlti~out
chan~k;~g the scale of the centers.
With iegard to Water-fi'ont. the following policy is noted in the Master Plan:
Insure vhvsical and/or visual access to scenic ,asras and waterfront areas.
In addition, the Master Plan provides sr)ecific guidance on the use of the "R-80"
zonin~ district as follows: These iow densities are r)articularly apr~licabte to coastal
areas to ~rotect the ~round and surface waters and' environmenra'liy sensitive pornons
of the l'6wn including wettanas, beaches, bluffs and dunes". 'This low density,
combined with creative development teclnniques such as locating permitted
residences on non-environmentally sensitive lands and keeping other lands open
(clustering), can serve to achieve 6oth residential and environmental Planning goals."
"In northern areas of the Town where there are bluffs, beaches and dunes, mandatory
clusterin.~, is recommended to assure protection of these features." Therefore, in
order to ~e consistent with the Master Plan. the letislative board responsible for land
use changes must review proposals and reach info~rned decisions regarding the future
of development in Southold Town.
The Town Board has concern over the consistency, of the project with the Master Plan
in terms of environmental policies (bluffs, agricultural soils, water availability, sewage
disposal), the cultural environment (aesthetics of high density grid subdivision, and
overintensified use), and waterfront policies (scen/c vistas and bluffs). All of the
other alternatives evaluated through the bIS process are more sensitive to some or all
of these issues. The south 42 acre~ of the site are not assured of"HD" zomn~' o through
the interpretation of the Master Plan as fonvarded in the EIS, and there is no
· compelling justification for density increase on the north 20 acres in either the bIS or
the Master Plan. In addition, the'Master Plan clearly states that "In order to develop
properties for residential uses within this area [Hamlets] at a density of greater than
the base densi .ty, an approved central water supply is re&uired, and a sewage
treatment facility or connection to a sewer system would be needed". Comr~liance
with these mandates has not been demonstr.hted as indicated in the Final EIS.
397
COMMUNITY SERVICES - Police/Fire Services
The ElS for Jem Commons provides information relative to response of fire and
police protection services, indicating that the respective departments can adequately
respond to emergency incidents. There is one aspect of emergency protection
which should also be considered. The Town of Southold Subdivision Regulation
(Article 3 Design Standards Section A106-32 Layout), state that "A subdivision
containing 20 lots or more shall have at least 2 street connections with existing
publi streets or streets shown on an official map, if such exists, or streets on
the recorded final plan." In the case of Jem Commons, only one street connection
is provided for 171 lots. There is an emergency access right-of-way depicted
on the conceptual plan; This access does not appear to be viable. The Town
Board is concerned with providing adequate access for emergency vehicles, in
order to ensure the safety of future residents of the project.
30.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
31.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby c~rants permission
to Ordinance Inspector Vincent Wieczorek and Buildinq Inspector Thomas Fisher
to attend the Hudson Valley Code Enforcement 5th annual Official Educational
Conference, at Poughkeepsie, New York, from May 3-6, 1992, and the registration
fee of $130.'00 per person, 'and necessary expenses for travel, meals and lodging
shall be a legal charge against the Building Department's 1992 Budget.
31.-Vote of the Town Board: Ayes.: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
32.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to Police Detective Beth D. Wilson to attend the National D.A.R.E. Officers
Association Annual Training Conference, at Louisville, Kentucky, from July 15 -
18, 1992, and the $120.00 registration fee, and necessary expenses Tor travel,
meals, and lodging shall be a legal charge against the Police Department's 1992
Budget.
32.-Vote of the Town Board; Ayes: Councilman Lizewski, Councilman W!ckham,
Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilwoman Hussie.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I'd like to comment that Beth Wilson, Detective Wilson,
is our D.A.R.E. instructor. She's done a fine job in reference to educating our
young people in the lower grades, to say no to drugs. This program has been
very successful over the years, and Southold Town has been a leader in this
program since it's inception. Beth Wilson, Detective Wilson has received many
commendations on behalf of her job performance in this area, and it's only '
befitting, that this individual be sent to a national seminar to further advance
the goals of DrUg Awareness in the Town of Southold.
JUSTICE EDWARDS: I'd also like to have it on the minutes, that I certainly hope
that Beth Wilson. this spring will make the opportunity to come over, and give
her presentatiOn to Fishers Island, which she hasn't done yet.
SUPERVISOR HARRIS: We will so direct her to do so, also, Judge. Absolutely.
33.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints the
followinc~ individuals to the Southold Town Shellfish Committee, for a two (2)year
term, effective April 7, I992 through April 7, 1994:
Scott L. Harris, Supervisor, Town of Southold
John M. Bredemeyer I1-1, President, Board of Trustees, Town of Southold
Bruce Loucka, Conservation Advisory council, Town of Southold
James C. McMahon, Director of Program Evaluation, Town of Southold
William Hasback, New York State Department of Environmental Conservation
. John Scotti, Cornell Cooperative Extension
i John Savage, Southold Town Baymen's Association
Jim King. President, Long Island Lobstermens' Association
James Homart,Braun Oyster Company Inc.
Ed Stilwagen, Sorters, Inc.
33.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Penny, J,ustice Edwards, Supervisor Harris",'Abstain':-Cot~'n~:Hmah :Wickham.
This resolution was declared duly ADOPTED.
APR,, 7, ,992 3 9 9
34.-Moved by Councilman Wickham, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby chan~les Supplemental
Nutrition Assistance Program Bookkeeper Marie Helinski's compensation from an
hourly rate of $5.00 per hour, for a maximum of 3 hours per weekend, to an annual
stripend of s780.00, effective April 2, 1992.
34.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
35.
-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby adjusts the pay
rate of Lisa CalLuna, Assistant Cook for the Nutrition Program, to reflect the
Town Board rate for 1988 and the CSEA contract rate since 1989, which adjustment
shall include the payment of approximately $4,800.00 in retroactive pay.
SUPERVISOR HARRIS: This was an error, that was discovered during a recent
audit of our Accounting Department, and this error is now being adjusted appro-
priately, and accordingly.
35.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I'd like to recess for five minutes to discuss the resolution
of Hay Harbor with the Town Board, and then go back into session. I need a
motion for that.
Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was
RESOLVED that a recess be called at this time, 4:45 P.M., for the purpose of
discussion.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman. Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Reconvened at 4:47 P.M.
SUPERVISOR HARRIS: The Town Board is back in session. In reference to the
Local Law public hearing, that we held, it's unanimously going to be held for
future adoption, until the Town Attorney, and the Town Board can do further
research in reference to this provision. So, with that are there any members
of the audience, that would like to speak on behalf on any matter that you feel
may be pertinent to this Board, or the operations of the Town of Southold? (No
response.) Are there any members of the Council, that would like to make a
statement before I make a motion to adjourn? Councilwoman Hussie?
COUNCILWOMAN HUSSIE: As you know about two and a half weeks ago, we
started really enforcing the recycling law, and has been, I think, a great success.
In fact, we have many warnings, that we haven't handed out yet. People are
really very good about it, and our Code Enforcement Officer is doing a great job.
It's going well.
SUPERVISOR HARRIS: I'm glad to hear it. Congratulations, and to your
committee.
COUNCILWOMAN HUSSIE: It was done before I got there.
SUPERVISOR HARRIS: Anybody else? (No response.) I'd like to just make one
final comment. The Town of Southold, together with the Town of Riverhead, and ·
the Town of Easthampton, is going to Brooklyn tomorrow to the Appellete Court
to have oral arguement to have a decision rendered, whether the Commissioner
of the DEC, Thomas Johrling, can testify in a trial, that is upcoming. We are
going to await a decision by the Appellete Court of the State of New York has
appealed the decision by the Supreme Court, that previously ruled that the
Commissioner can testify in our trial through a subpoena that was issued to him.
The State of New York has objected, obviously, and has filed in the Appellete
Court to get this ruling overturned of the Supreme Court, so tomorrow we will
be in Brooklyn. We may receive a decision tomorrow. We may not from the Bench,
but we will still be there continuing to fight for the taxpayers of the towns of
the East End in reference to the landfilling matter. With that, I need a motion
to adjourn.
Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 4:50 P.M.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Superwsor Harris.
This resolution was declared duly ADOPTED.
~Judith T. Terry -
Southold Town Clerk