HomeMy WebLinkAboutTB-06/02/19924'53
SOUTHOLD TOWN BOARD
JUNE 2. 1992
Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman
George L. Penny IV, Councilman Thomas H. Wickham, Councilman Joseph J.
Lizewski; Councilwoman Alice J. Hussie, Town Attorney Harvey A. Arnoff, Assistant ·
Town Attorney Matthew G. Kiernan, Town Clerk Judith T. Terry.
EXECUTIVE SESSION
9:40 A.M. - On motion of Councilman Penny, seconded by Justice Edwards, it was
Resolved that the Town Board enter into Executive Session. Vote of the B6ard:
Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilman Wickham,
Councilman Lizewski, Councilwoman Hussie. Also present: Town Attorney Arnoff,
Assistant Town Attorney Kiernan, Town Clerk Terry, Assessor Chairman Scott
A. Russell, Assessor Robert I. Scott, Jr., Special Counsel Richard J. Cron.--Mr.
Cron met with the Board to discuss Certiorari proceedings. As a result of this
meeting the Board placed resolution no. 15 on the agenda to engage the services
of Gary Taylor, Certified Real Estate Appraiser, to confer with Mr. Cron on the
certiorari matters.---The Board also discussed personnel with the Assessors.
10:35 A.M. - Joseph Ger~ela, Executive Secretary, Long Island Farm Bureau, .met
with the Board to discuss the Town's proposed creation of an Agricultural
Committee. Mr. Gergela stated that such a committee would give advice to the Board
on specific agricultural matters, i.e. land use, zoning, transfer of development
rights, as is done in the Town of Riverhead. He requested that Councilman Wickham
. be the liaison for the committee. Mr. Gergela offered to send a list of suggested
members to the Supervisor.
EXECUTIVE SESSION
11:00 A.M. - On motion of Councilman Lizewski, seconded by Councilman Penny,
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: Town Attorney
Arnoff, Assistant Town Attorney Kiernan, Town Clerk Terry.---The Board met with
.Joseph Fischetti, Jr. to discuss his dedication to the Town of his open space parcel
in his major subdivision "The Wood~ at Cutchogue", located on the west side of
Depot Lane, Cutchogue. The Board agreed to accept the parcel (see resolution no.
16).
11:30 A.M. - For Discussion Items: (1) Extension of employment of Stephanie
Graseck, temporary Clerk-Typist in the Assessors' office (see resolution no. 17).
(2) Renewal of the annual agreement with Insurance Consultant William F. Mullen,
Jr. (see reSolution no. 25). (3) Board discussed their support of the repeal of
the 18-month-old federal boat "user fee" tax which affects 4.1 million boat owners
'(see resolution no. 18). (4) Request from the Town Trustees to increase the fee
for the services of their Environmental Consultant Bruce Anderson. This was
discussed later in Executive Session and the Board will arrange a meeting with the
Trustees to discuss their request. (5) Enactment of "Local Law in Relation to
Shellfish and 'Eels" (see resolution no. 19). (6) Councilwoman Hussie and Council-
Wickham reported that the Solid Waste Management Task Force is seeking the Town
Board's endorsement of their lobbying efforts to change the Landfill Law. They
would also like to make the hydrogeologicat study available to certain people who
might be able ~to help in the lobbying efforts. They also sought permission to send
Assistant Superintendent of Public Works James Bunchuck to Tompkins County, New
York, to meet with officials and carters' representatives and others involved in the
solid waste management field there (see resolution no. 28). (7) Town Board
expressed 'their opposition to the reduction of funding by the County of Suffolk to
Cornell Cooperative Extension (see resolution no. 20). (8) Proposal by Supervisor
Harris to create an Agricultural Advisory Committee. This was the subject of their
discussion with Joseph Gergela of the Long Island Farm Bureau at 10:35 A.M. This
will be discussed again on June 16th. (9) Letter from Mattituck-Saltaire, Inc.
property owners association objecting to permitted solicitors. This is being referred.
to the Town Attorney for review of the Peddling & Soliciting Law. (10) Councilman
Lizewski proposed the enactment of a local law in regard to fire wells. He suggested
a fee for each lot in the subdivision which would go to the fire district for installing
fire wells. This proposal will be taken up by the Legislative Committee. (11)
Appointment of members to the Stewardship Task Force was discussed during
Executive Session at 2:20 P.M. (see resolutions 26 & 27 for the appointments). (12)
Letter of Credit for Southold Villas, Phase I (see resolution no.-2I accepting same).
12:35 P.M~ - Recess for lunch.
EXECUTIVE SESSION
2:20 P.M. - On motion of Co.uncilwoman 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: Town Attorney
Arnoff, Assistant Town Attorney Kiernan, Town Clerk Terry.--The Town Board
discussed the appointments to the Stewardship Task Force (resolutions 26 & 27),
and contract negotiations.
3:55 P.M. - Work Session adjourned.
455
REGULAR MEETING
A Rec~ular Meetinq of the Southold Town Board was held on Tuesday, June
2, 1992 , at the Southold Town Hall, Main Road, Southold, New York. Supervisor
Harris opened the meeting at 4:00 P.M., with the Pledge of Allegiance to the Flag.
Present:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilman Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
Assistant Town Attorney Matthew G. Kiernan
SUPERVISOR HARRIS: I'd like to welcome you all to the meeting today, and we'll
continue with our business, and then we have a very special presentation. I
need approval of the audit of the bills of June 2, 1992.
Moved by Councilwoman Hussie, seconded by Councilma~ Penny, it was
RESOLVED that the following audited bills be and hereby ordered paid: General
Fund Whole Town bills in the amount of $86,142.15; General Fund Part Town bills
in the amount of $12,395.15; Nutrition Fund bills in the amount of $3,426.62; Adult
Day Care bills in the amount of $282.42; SNAP Program bills in the amount of
$1,822.13; EISEP Program bills in the amount of $14.40; Highway Fund Whole
Town bills in the amount of $7,364.56; Highway Fund Part Town bills in the amount
of $48,673.79; CHIPS (Highway Part Town) bills in the amount of $51,493.34;
Employee Health Benefit Plan bills in the amount of $9,356.89; Fishers Island Ferry
District bills in the amount of $15,637.61; Southold Wastewater District bills in
the amount of $52.00; Fishers Island Sewer District bills in the amount of $220.00;
Southold Agency & Trust bills in the amount of $2,531.72; Fishers Island Ferry
District Agency & Trust bills in the amount of $75.14.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I need a motion to approve the minutes of Ma~ 20, 1992,
Southold Town Board meeting.
Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the minutes of the May 20, 1992, regular Town Board meeting .
be and hereby approved.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski;
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I need a motion approving June 16, 1992 at 7:30 P.M.
the next regularly scheduled Southold Town Board.
Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the next recjular meeting of the Southold Town Board will be held
at 7:30 P.M., Tuesday, June 16, 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.
SUPERVISOR HARRIS: At this time it's my pleasure to introduce Councilwoman
Alice Hussie, who has a special presentation to the Board.
COUNCILWOMAN HUSSIE: l'd like very much, Scott, if you would come down
on behalf of the Board to accept this. Just about four weeks ago, Southold Town,
New York, U.S.A. did it's first official exchange of official documents, and things,
on an official visit to Southwold, England, and these lovely people were part of
our group that went over there. There was a civic reception at which the people
from Southwold, England, gave us gifts, and we gave them things, a lovely lamp
from the Historical Society, and a proclamation from the Town Board here. At
that time, I received from the District Council Manager Malcolm Derridge, '~his
lovely picture, which he wanted me to present to you on behalf of the Council
from Southwold, England to $outhold, New York, and it's my pleasure to do so.
456'
JUNE 2, 1992
This, of course, is for the entire Board, and the entire town. It is a picture
done by a local artist from Southwold. His name is Robert Pritty. It is a scene
of the town square in Southwold. It depicts the Town Hal over here on the left,
and the Swan Hotel, which was our accomodations while we were over there. It's
a lovely place.
SUPERVISOR HARRIS: On behalf of the people of Southold Town, and the Southold
Town Board, we accept this with great gratitude from our mother country, Southwold,
England, and we'd certainly like to thank each and everyone of you, who represented
us, that went over to England. You did a great job, by the way. I understand
that you all had a wonderful time, and it's greatly appreciated by everyone here.
Thank you very much, and keep up the good work. We hope the next time we
can have some people who will visit us, I understand. Thank you.
I. REPORTS.
1. East End Community Services Progress Report for 1992.
2. Southold Town Community Development Monthly Report for April, 1992.
3. Southold Town Planning Board Monthly Report for May, 1992.
4. Southold Town Building Department Monthly Report for May, 1992.
5. Southold Town Clerk's Monthly Report for May, 1992.
6. Councilmen's Report
7. Su pervisor's Report
II. PUBLIC NOTICES.
1. U.S. Army Corps of Engineers, New York District, an application of
the Town of Southold to dredge with ten year maintenance and beach nourishment
at Goldsmith's Inlet, Long Island Sound, New York. Written comments by June
3, 1992.
Ill. COMMUNICATIONS.
in regard
2.
thanking
James M. Brooks, Town Attorney of North Elba, Lake Placid, New York,
to the Landfill Law.
John A. Doht, President of Reydon Heights Property Owners Association
the Edwards Dart~ .C_ba_i~J~.an of the Tree Committee, for trees planted.
IV. PUBLIC HEARINGS.
1. 4:30 P.M. Acquisition of Development Rights in the agricultural lands
of Madeline L. & Vernon F. Moelius.
2. 4:32 P.M., on proposed, "Local Law jn Relation to cP~armmsar}.ent Moorings."
3. 4:35 P.M., on propose(] "Local Law ~n Relation to .
V. RESOLUTIONS.
SUPERVISOR HARRIS: At this time, are there any members of the audience, that
would like to talk about any resolution that weJll be enacting in the next few minutes?
(No response.) If not, we'll start our regularly scheduled portion of this meeting,
and the first resolution of the evening, appoint a technician-trainee under the
Fishers Island Mosquito Control Program.
1.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of .the Town of Southold hereby appoints Gwendolyn
Holcombe and Marc~aret Thomas as Technican-Trainees under the Fishers Island
Mosquito Control Program, effective June 1, 1992 through September 7, 1992, at
a salary of $6.50 per hour; total expenditure not to exceed $7,000.00.
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 Penny, seconded by Justice Edwards,
A RESOLUTION APPROVING CERTAIN AMENDMENTS TO THE
MUNICIPAL COOPERATION AGREEMENT MADE PURSUANT TO NEW
YORK GENERAL MUNICIPAL LAW, ARTICLE 5-G, SECTION
119-0, DATED AS OF SEPTEMBER 19, 1989, BY AND AMONG
PUTNAM/NORTHERN WESTCHESTER BOARD OF COOPERATIVE
EDUCATIONAL SERVICES AS LEAD PARTICIPANT AND THE OTHER
PARTICIPANTS REFERRED TO THEREIN RELATING TO THE
COOPERATIVE LIQUID ASSETS SECURITIES SYSTEM, AND THE
AMENDMENT AND RESTATEMENT THEREOF.
JUNE 2, 1992
457
WHEREAS, the Board of Cooperative Educational Services of the Sole
Supervisory District of Northern Westchester and Putnam Counties, also known
as the Putnam/Northern Westchester BOCES (the "BOCES") has hereto~re entered
into a certain MUNICPAL COOPERATION AGREEMENT (the "Agreement") made
pursuant to New York General Municpal Law, Article 5-G, Section 119-o, dated
as of September 19, 1989, by and among the BOCES and each district and muncipal
corporation, as defined in Section 119-n of the New York General Municpal Law,
that enters into the Agreement (with BOCES, the "Participants") relating to the
Cooperative Liquid Assets Securities System (known as "C.L.A.S.S."); and
WHEREAS, the Town of Southold is one such Paritcipant; and
WHEREAS, Section i3.1 of the Agreement provides that the
Agreement, including the Exhibits thereto, can be amended, from
time to time, in the manner set forth therein; and
WHEREAS, for various reasons, including, but not limited to
changed circumstances relating to C.L.A.S.s., of which the
Agreement is an integral part, the Participants are desirous of
amending the Agreement; and
WHEREAS, among such reasons is that certain misstatements
andYor ommissions, in and from the Agreement, have been
identified; and
WHEREAS, among such reasons is that certain provisions of
the Agreement have been identified as being unnecessary, in
light of other provisions of the Agreement; and
.- ..WHE._P~AS, amon~.such__changed.~cu0L~t_anc~ is__th~ a~signm~nt
by Bear, Stearns & Co. Inc. to MBIA Municipal Investors Service
Corporation (also known as MBIA-MISC), a wholly-owned
subsidiary of Municipal Bond Iny~stors Ass<urance Corporation
(also known as MBIA), of its obligations under the Services
Agreement dated August 10, 1989, between Bear, Stearns & Co.
Inc. and the BOCES, as Agent Participant under the Agreement,
which assignment was heretofore consented to, on behalf of the
Participants, by said Agent Participant; and
WHEREAS, in accordance with paragraph b of said Section
13.1 of the Agreement, this Participant has received notice,
given by or on behalf of the Agent Participant, that, in
accordance with paragraph a of said Section 13.1, by resolution
dated May 19, 1992, duly adopted by a majority of the voting
strength of the governing body of the Agent Participant on said
date, the Agent Participant has approved amendment of the
Agreement in the manner, form and in accordance with the terms
set forth therein, and the preparation of an amended and
restated version of the Agreement incorporating such amendment;
and
WHEREAS, in accordance
Section 13.1, said notice
;
sixty (60) days from the
with said paragraph b of such
stated that .each Participant has
date of the adoption of such
resolution by the Agent Participant to approve the amendment of
the Agreement in the manner, form and in accordance with'~the
terms set forth therein; and
WHEP~EAS, accompanying such notice was a copy of said
resolution of the Agent Participant and a copy of said amended
and restated version of the Agreement; and
WHEREAS, pursuant to paragrap_h._, c of such Section 13.1, any
Participant which fails to deliver to the Agent Participant a
certificate to the effect that: (a) such Participant' has held
any necessary public hearings, . conducted any necessary
referenda and obtained any necessary consents of governmental
agencies required as a condition to the approval by it of the
amendment of the Agreement in the manner, form and in
accordance with the terms set forth in said notice; (b) the
proposed amendment has been approved by a majority vote of the
voting strength of such Participant's 'governing body; and (c)
such Participant has satisfied any other requirements
applicable to its making contracts, as such requirements may
relate to its approval of said amendment and the execution, on
its behalf of the amended and restated version .of the Agreement
which incorporates said amendment, such Participant shall be
deemed to have given notice of its withdrawal from C.L.A.S.S.;
and
WHEREAS, this Participant is desirous of approving the
amendment in the manner, form and with the terms set forth in
the notice received from the Agent Participant, of directing
the execution and delivery on its ·behalf of the amended and
restated version of the agreement incorporating such amendment
and its certificate as described 'above, and of continuing its
participation in C.L.A.S.S.;
JUNE 2, 1992
459
NOW THEREFORE, BE IT RESOLVED, as follows:
Section 1. Ail capitalized terms used herein and not
otherwise defined shall have the_meanings ascribed thereto in
the Agreement.
Section 2. In accordance With the aforesaid notice
received from the Agent Participant, as provided in said
Section 13.1, amendment of the Agreement, as follows, is hereby
approved:
a. The cover page of the Agreement shall be amended to
delete therefrom reference to "Bear Stearns & Co. Inc."
and to r~place the same with "MBIA-Municipal Investors
Service Corporation."
b.The definition of "Investment Advisor" shall be amended
to read, in its entirety, as follows:
"Investment Advisor" means MBIA-Muni¢ipal Investors
Service Corporation, also known as MBIA-MISC.
¢. The definition of "Permitted Investments" shall be
amended to read, in its entirety, as follows: --
set forth under the heading "Legally Permitted
Investments" in Exhibit A hereto, as the same may from
time to time be amended in accordance with this
Agreement.
d. The definition of "Services Agreement" is amended to
read, in its entirety, as follows:
"Services Aqreement" means the agreement between the
Agent Participant and MBIA-MISC, as the same may be
amended from time to time,_ providing for .administrative
and investment advisory services to the Agent
Participant.
e. All other references, if any, in the Agreement, whether
direct or indirect, to Bear Stearns & Co. Inc. are, and
shall be deemed =o be, references to MBIA-MISC.
f. Section 6.1 of the Agreement is amended to read, in its
entirety, as follows:
460
JUNE 2, 1992
6.1. Source of Contributions. Each Participant
convenants that all contributions made to the Joint
Property by it shall be from funds which it is
permitted, pursuant to the provisions of statutes,
local laws, resolutions, ordinances, charters, codes,
rules, regulations, and agreements applicable to such
Participant to invest and otherwise apply in the manner
contemplated by this Agreement. -
g.. The cross-reference included in Section 6.3 of the
Agreement is corrected to read "Section 3.2 hereof."
Section 3. As provided in said Section 13.1, amendment of
Exhibit A to the Agreement, entitled: "INVESTMENT GUIDELINES
AND PROCEDURES," as follows, is hereby approved:
--a. Paragraph "(a)" under "1) General Objectives" shall
read, in its entire~y: '--
(a) Legality: inves~ only in investments legally
permissible for both New York State school districts
and municipal corporations.
Subpar agr_~ph _"_(_..i i i ) "___pf Pa_ra_gr apb "(a)" _under
Legally Permitted Investments" shall read, in its
entirety:
(iii) With the approval of_ the New.. York State
Comptroller, tax anticipation notes and revenue
anticipation notes issued pursuant to Section 24.00 and
Section 25.00 of the Local Finance Law, respectively,
by any New York State municipal corporation, school
district, or district corporation not participating in
C.L.A.S.S.
c. Subparagraph "(vi)" of Paragraph "(a)" under "4)
.Leqally Permitted Investments" shall read, in its
. entirety:
(vi) Such other investments as may from time to time be
legally permissible investments for both school
districts and municipal corporations in the State of
New York.
JUNE 2, 1992
461
d. A new subparagraph "(v)" shall be added to Paragraph
"(b)" under "5) Collateral," which shall read, in its
entirety:
(v) such other instruments or securities as may from
time to time be legally permissible collateral=~for
deposits of both New York 'school district and municipal
corporation moneys.-
e. "7) Concentration of Investments" shall be deleted in
its entirety, and each succeeding section of Exhibit A,
shall be. appropriately ten_umbered.
Section 4. This Participant hereby finds and determines
and represents ~o the Agent Participant and the other
Participants that: (a) said Participant has held any necessary
public hearings, conducted any necessary referenda and obtained
any necessary consents of governmental agencies required as a
condition to the approval by it of the amendment 0f- the
Agreement in the manner, form and in accordance with the terms
set forth herein; (b) upon this resolution taking effect, the '<-.
proposed amendment-will hav~bee~ approved by a majority vote ~-'
of the voting strength of such Participant's governing body; ..
and (c) such Participant has satisfied any other requirements
applicable to its making contracts, as such requirements may
relate to its approval of said amendment and the execution on
its behalf of the amended and restated version of the Agreement
which incorporates said amendment. --
Section 5. Upon this resolution taking ef~ct, the Supervisor Scott Louis
Harris |s hereby directed to execute a counterpart of such amended and restated
agreement on behalf of this Participant, and to deliver, or to cause to be
delivered, a copy of the same to the Agent Participant or its designsee, together
with a certificate in the Arm described in paragraph c of Section 13.1 of the
Agreement. ,
Section 6. This resolution shall take ef~ct immediately.
2.-Vote of the Town Board: Ayes: Councilwoma'n Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
COUNCILMAN PENNY: This is our agreement with BOCES.
3.-Moved by Councilman Lizewski, 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 Budc~et to
provide appropriation for Trustees' attorney:
To:
A1420.4 Town Attorney, Contractual Expenses $ 5,000.00
From:
A1010.4 Town Board, Contractual Expenses $ 200.00
A3120.2 Police, Equipment 4,800.00
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.
SUPERVISOR HARRIS: In relation to this resolution, that we just passed, the
Town Attorneys in conjunction with the Town Board feel very strongly that the
Board of Trustee must maintain, not only it's independence, but protect the
Andros Patent of the Town of Southold, and doing so by providing an attorney
this will protect those rights, that they have not only inherited, but have been
elected to serve under representing you, the taxpayers of Southold Town. So,
the Town in it's prudence feels certainly obligated to help the Board of Trustees
in this situation budgetarally, and next year we hope that we will continue to
provide the same service to protect not only the inherited rights, and the rural
quality of life, that this Southold Town represents, but also to maintain those
freedoms that they feel is necessary under protection of the Town own property
in conjunction with the State of New York under a patent, colonial patent, known
as the Andros Patent, and we are certainly providing this very well needed, and
certainly very much protected sovereignty with an attorney at this time.
4.-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, acting through its duly constituted Executive/STOP-DWI Department,
and the Town of Southold, for the STOP-DWI funding for enforcement activities
by the Town of Southold police personnel, efective January 1, 1992 through
December 31, 1992, at a total contract amount of $4,536.00; all in accordance with
the approval of the_To_wn A_ttorne¥.
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 Wickham, seconded by Justice Edwards,
WHEREAS, the Sebastian's Cove Property Owners Association, Inc. has made
application to the Town Board of the Town of Southold to dedicate a certain road
in Mattituck, known as SEBASTIAN'S COVE ROAD as shown on subdivision map
entitled "Map of Sebastian's Cove, Section Two, Town of Southold", filed in the
Suffolk County Clerk's Office as Map No. 7807, together with release executed
by the President of the property owners association; and
WHEREAS, the Southold Town Superintendent of Highways has inspected the said
· highway and has advised the Town Board that said proposed highway complies
in all respects with the specifications for the dedication of highways in the Town
of Southold; now, therefore, be it
RESOLVED that the Town Clerk be and she hereby is authorized and directed
to forthwith cause the dedication, release and deed to be recorded in the office
of the Clerk of the County of Suffolk, New York.
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 Lizewski, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute an Option Agreement to acquire
the property of Mattituck Holding Corp., 1.6 acres of land, located on the easterly
side of Luther's Road, Mattituck, Tax Map No. 1000-99-4-1, for a purchase price
of $450,000 ($225,000 Town Open Space Funds; $225,000 New York State Grant
Funds); all in accordance with the approval of the Town Attorney.
6.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
JUNE 2. 1992 4 6 3
7.-Moved by Councilwoman Hussie,, seconded by Councilman Lizewski, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 4:30 P.M.,
Tuesday, June 30, 1992, Southold Town Hall, Main Road, Southold, New York,
as time and place for a public hearincj on the question of the acquisition of the
land of Mattituck Holding Corp., under the Open Space Program, said property
consisting of 1.6 acres, and located on the easterly side of Luther's Road, Mattituck,
Tax Map No. 1000-99-4-1.
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.
SUPERVISOR HARRIS: I'm very pleased that the Board has moved 'n an effort
to preserve some more open space, especially in the Mattituck area, around the
Mattituck Inlet. This has been worked on for a number of years. This is not
something that just came about. There has been many, many meetings with many,
many Boards involved with having this come to fruition, and I'd like to thank
those people, at this time, who have worked on it, who are not presently here,
as well as the people on this Board, who have made this all a reality. This
information, that will be provided at the next meeting, will certainly tell the people
of Southold, that this information that we will be providing, is that of open space,
recreation, tourism, in a area that we feel should be preserved, and available
to the residents of Southold Town. This area is located in Mattituck Inlet near
Breakwater Road. There was an old tank farm there. The Town was very
instrumental in having those tanks, which we felt were environmentally detrimental,
not only to that area, but to the township itself, removed. We had it cleaned
up, a'nd then we moved into contract, which we're doing now, with those individuals,
Mattituck Holding Corp., and this is a matching grant, which the Town applied
for some years ago from the Parks, Recreation and Historic Places of New York
State. This is a matching grant, and it's very important, that the Town continue
in that vein to provide wherever, and whenever possible the quality of life, and
the characteristic which is certainly beneficial to not only the residents of Mattituck,
but also the whole Township to utilize for many, many generations to come.
8.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southoid hereby authorizes and
directs ° ......... : .... c~'*~L " .... ~'"' ~×~C''t'~ an ~_~r~rn~nt h~twec, n the Town
of Southold and Jean LaSalle, Red Cross Lifeguard Instructor, for the 1992 lifeguard
training program, effective immediately, for a total of nine [9) hours, at a fee
of $10.00 per hour; half of Ms. LaSalle's fee to be paid by the Town of Riverhead.
8.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice EdWards, Supervisor Harris.
This resolution was declared duly ADOPTED.
9.-Moved by 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 an application to the New York State
Office for the Aging for the 1992-1993 State Recreation Program for the Elderly
Grant in the amount of $326.00.
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.
appropriate Park & Recreation funds for the Laurel
To:
Revenues:
A2025 Special Recreation Facilities $ 500.00
Appropriations:
A7110.2 Parks, Equipment $ 500.00
lt.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
-Moved by Councilman Penny, seconded by Justice Edwards, 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 Budcjet to
Ballfield-storage shed:
464
JUNE 2, 1992
11.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
Accountment John Cushman and Data Control Supervisor Jeanne Ruland to attend
a Zip + 4 Conversion Workshop at the Postal Long Island Business Center,
Hauppauge, New York, on Tuesday, June 11, 1992, from 10:00 A.M. to 4:00 P.M.,
with the use of a Town vehicle for transportation, or reimbursement of mileage
costs should a Town vehicle be unavailable.
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.
12.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of. Southold hereby authorizes and
directs the Town Clerk to advertise for bids for the purchase of 1,000 Tons,
more or less as may be needed, of Sand Mix Aspahlt, furnished and applied, all
in accordance with the bid specifications.
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 Lizewski, 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 bids for an Annual Contract to furnish
and place Asphalt Concrete within the Town of Southold, as may be required,
all in.accordance with the bid specifi'cations.
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.
14.-Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Brett
Carlson, Thomas W. Cassidy, Steven Harded, and Andrew Kujawski as Traffic
Control Officers for the summer season, effective immediately, at a salary of
$7.72 per hour.
14.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham Councilman P~r~n ...................... ~' ....... : .... '
This resolution was declared duly ADOPTED.
15;'-Moved by Supervisor Harris, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby engages the
services of Gary Taylor, Certified Real Estate Appraiser, at a fee not to exceed
$1,000.00, to assist Special Counsel Richard J. Cron in certiorari proceedings
for the Board of Assessors.
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.
SUPERVISOR HARRIS: Mr. Taylor is being employed to help the Town in it's
certiorari cases, that it has pending right now, with many commercial pieces of
property within the township.
16.-Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the offer
of dedication of a 11.970 acre parcel of open space from F & F Depot Lane
Development Corp.; said parcel shown and designated on a certain major subdivision
map entitled, "The Woods at Cutchogue", and located on the west side of Depot
Lane, Cutchogue, New York; all in accordance with the approval of the Town
Attorney.
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.
COUNCILMAN WICKHAM: This is a parcel in the Special Groundwater Protection
Area in the Cutchogue area.
SUPERVISOR HARRIS: I think Councilman Lizewski wants to say a few words.
JUNE 2, 1992
465
COUNCILMAN LIZEWSKI': That area has been put aside, and will be taken by
the Town, and hopefully it will be one of the first places that will be tested for
water by the Suffolk County Water Authority in Cutchogue. We would like to
keep the well sites in the Groundwater Protection Area, because it gives the
greatest qualitY, and the best quantity of water in Southold Town. So, that will
be'a step along with the other steps that we're taking to find out what kind of
water will be had in the area of Cutchogue.
'17.-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby extends the
employment of Stephanie Graseck, temporary Clerk-Typist in the Assessors' Office,
effective June 19, 1992 through August 28, 1992, at a salary of $5.00 per hour,
to be paid from Central Data Processing, .Personal Services (50%) and Assessors,
Personal Services (50%).
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 Justice Edwards, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby 9oes on record
in support of the repeal of the federal boat "user fee" tax, Senate Bill No. 2702,
which has been approved by the House of RepresentativeS (H.R. Bill No. 2056),
and authorize and directs the Town Clerk to transmit a message of the Town Board's
support to the United State Senators D'Amato and Moynihan, as well as the U.S.
Senat.e: Majority and Minority Leaders.
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.
JUSTICE EDWARDS; I just sent my $35.00 in.
SUPERVISOR HARRIS: I, also, support this, not only whOleheartedly but on
behalf of all the recreational boaters., that exist in the Town of Southold. This
user fee I felt was an exorbitant amount of money to collect, just for the luxury
that you happened to own a boat, where you predominantly live around water.
g~ ........ _, .... , -- , ........ t-.-~ :- ~.~:.. ~_~ ..... ~-~;~
I'm ad to see ~na~ ~ne ~.ongre~ rla~ d,-re~oy~p~,~u ,,, ,,,~,, ,,u,~,,,,~ ~, ....... -
fee. The Senate is now introducin9 a resolution to repeal it, and according to
the information that I have received, this year you will still have to pay one year
dependin9 on the size of your boat. YoU still may have to pay that user fee tax
of $25.00. but after that it will completely removed, dependin9 on the size of the
boat, or depending on what year it is phased out. This is another example of
how the government can tax you unnecessarily, and that money was never dedicated,
and used where it would have been beneficial, and that's to provide services,
such as the U.S. Coast Guard. That money was going back into the General Fund,
and I think it's absolutely marvelous, that everybody wrote in and complained
about this travesty, and user fee, that was place upon those individuals who
happened to have a boat, and were taxed unfairly.
19.-Moved by Councilman Wickham~ seconded by Justice Edwards,
WHEREAS, there was presented to the Town Board of the Town of Southold on
the 5th day of Jamy, 1992, a proposed Local law entitled, "A Local Law in Relation
to Shellfish and Eels; and
WHEREAS a public hearing was held on the aforesaid Local Law on the 20th day
of May, 1992, at which time all interested persons were given an opportunity to
be.heard; now, therefore, be it
RESOLVED that the Town Board hereby enacts Local Law No. 11 - 1992, which
reads as follows:
LOCAL LAW NO. 11 - 1992
A Local Law in Relation to Shellfish and Eels
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 77 (Shellfish) of the Code of the Town of Southold is hereby
amended to read as follows:
1. Article II (T-a-k-iftg--o-f--~H~is-h-) is hereby amended and shall be
known as (Takincj of Shellfish and Eels).
2. Section 77-201 (Definitions) is hereby amended by adding thereto
the following:
Eels: The american eel.
3o
Section 77-208.1 Eels. is hereby adopted to read as follows:
A. Commercial Purposes: No more than 50 eel pots or traps per
permittee in Town waters. All pots must be identified with the
shellfish permit numoer
B. A permanent resident, taxpayer and temporary resident: No more
than 5 eel pots in Town waters. All pots must be identified with
the shellfish permit number.
II. This Local Law shall take effect upon its filing with the Secretary of State.
* overstrike indicates deletion
** understrike indicates addition
19.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Cour~cilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This r,esolution was declared duly ADOPTED.
SUPERVISOR HARRIS: This request, that we just enacted, came before us, not
only by the Board of Trustees, but it also came before the Board, and it also
became known to us by the baymen of the township, who urged the passage of
such legislation to protect those residents, who do use the shellfishery as a means
of living to help keep control over what they felt was a diminishing natural resource,
such as the eels in our Town creeks.
20.-Moved by Supervisor Harris, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby c~oes on record
in opposition to Suffolk County Executive Gaffne¥'s plan to eliminate 42% of the
County fund of Cornell Cooperative Extension, which move would eliminate Cornell
Cooperative Extension as it would assure their loss of matching Federal and State
monies for grants and other valuable programs which depend on it such as the
Marine Program, Agricultural Program, Home Horticulture Program, Suffolk County
Farm & Education Center, vocational Education for Inmates, Home Economics Program
and 4-H Youth Programs; and be it further
RESOLVED that the Town Clerk be and she hereby is authorized and directed
to transmit the Town Board'~ message to County Executive Gaffney and all members
of the Suffolk County Legislature.
SUPERVISOR HARRIS: This includes all funding on behalf of Cornell, whether
it's in reference to Cornell Cooperative Extension Sea Grant. There are many,
many programs that Cornell is involved with in this Township, including 4-H.
It's a very beneficial prog~-am, Ev~"y ~ear~{--s-e%ms tha-t this Town has to continue
to fight for Cornell, and it's funding, and this year apparently is no different,
and we're sending this resolution to everyone involved in this to support that
funding to keep it intact. It's a very, very entity for this township, and part
of the industry of this town, which is farming, and fishing. I can't explain enough,
this program, and what it has meant to Southold, and the number of people, that
use this, including the Marine Science Learning Center at Cedar Beach. That
facility couldn't have come about without Cornell's tremendous cooperation, and
continued lobby effort to get that fund for Suffolk Community College, and now
it's a great facility. It's an educational facility, that's used by many of our children
throughout our school systems, and BOCE.
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 Councilman Penny, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold I~e,,reby amends their
resolution no. 29, adopted on December 10, 1991, approving the amount of $358,130.00
as the bond amount for Southold Villas, Phase I, to read: $358,000.00 for the
bond amount for Southold Villas, Phase I; and be it further
RESOLVED that the Town Board hereby accepts the $358,000.00 Letter of Credit
submitted by Peconic Properties Management Corporation as a bond for roads and
improvements in the Southold Villas, Phase I, Affordable Housinc~ Project, all in
accordance with the approval of the Southold Town Planning Board and Engineering
'Inspector Richter.
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.
JUNE 2, 1992
467
22.-Moved by Supervisor Harris, seconded by Councilman Penny, it was
RESOLVE that the application of Mary H. Ciupryk for renewal of her sinc~le family
house trailer permit, for trailer located at 390 Hill Street, Mattituck, which permit
expires on June 12, 1992, be and here'by is cjranted for a six (6) month period.
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.
~-3.-Moved by Supervisor Harris, seconded by Councilman Penny, it was
RESOLVED taht the Town Board of the Town of $outhold hereby accepts the bid
of Georc~e Malvese & Co., Inc., Hicksville, New York, for supplying the Southold
Town Highway Department with one (1) John Deere Model 710C Industrial Backhoe
Loader (1991 Demo Unit), at a net bid price of $94,682.00 ($98,732.00 less $4,050.00
for the trade-in of one (1) Galion Roller-O-Static Model TH10-t4D); all in accordance
with the recommendation of Superintendent of Highway Jacobs.
23.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman /izewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
24.-Moved by Supervisor Harris, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
closure of Cases Lane, Cutchogue, from 8:00 A.M. to 5:00 P.M., Saturday, July
4, 1992, to permit the Cutchogue-New Suffolk Historical Council to utilize the area
for their 28th Annual Antiques Show and Flea Market, provided they secure and
file with the Town Clerk a One Million Dollar Certificate of Liability Insurance
naming the Town of Southold as an additional insured.
24.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
25.-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby renews their
acjreement between the Town of Southold and William F. Muller, Jr. as the Town's
Insurance Consultant, effective July 1, 1992 through June 30, 1993, at an annual
fee of $19,500.00, payable in twelve (12) monthly payments of $1,652.00; Mr. Mullen
to provide comolete insu~a0ce serv_ice for t_h._e_ _To~wn o_f Sguthold.
25.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski~ .........
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
26.-Moved by Supervisor Harris, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints the
followincj individuals to the Southold Town Stewardship Task Force, for a two
(2) year term, effective June 2, 1992 through June 2, 1994, they to serve in said
position without compensation: Pamela F. Barney, Robert T. Bayley,W;l~itney Booth,
Victor A. Brown, Bradford Burnham, Timothy Caufield, Joseph Fischetti, Jr.,
Richard C. Hilary, Helen Hearn Jones, Anne Lowry, John J. Nickles, Gregory
A. Palast, J, Stanley Parkin, Joseph A. Ristuccia, Thomas C. Samuels, Martin
Sidor, John Simicich, Michael A. Simon, Michael Zweig.
26.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
27.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of-the Town of Southold hereby appoints Richard
C. Hilar¥ as Chairman of the Southold Town Stewardship Task Force, for a two
(2) year term, effective June 2, 1992 through June 2, 1994; he to serve in said
position without compensation.
~.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.
SUPERVISOR HARRIS: We'd like to thank all the individuals, who submitted names
to serve on the Stewardship Task Force. We certainly know, and realize that
those individuals will continue to serve this town, hopefully in the capacity of
input through members that have been appointed to this Board. They certainly
will be free to attend those meetings, and give their input in reference to what
they feel is for the good of the community, and at the same time we feel that
Richard Hilary, Jr. will do an excellent job as the Chairperson of this group,
being a man of tremendous qualifications. This Board was unanimous in that
decision. This individual has been committed to the environmental concerns of
this town, as well as many others through his many, many years of serving this
Town of Southold as a public servant in the school systems. So, we wish Dick
Hillary, and those members of the Task Force the best of luck, and we certainly
look forward to great and wonderful things in many months to come.
;4:6:8 JUNE 2, 1992
28.-Moved by Supervisor Harris, seconded by Councilwoman Hussie,
WHEREAS, the Town Board of the Town of Southold wishes to investigate details
of solid waste operations in Tompkins County, New York, for possible application
in Southold Town's plans; now, therefore, be it
RESOLVED that Assistant Superintendent of Public Works James Bunchuck is
hereby authorized to visit Tompkins County officials, carters' representatives,
and others involved with solid waste there, with the use of a Town vehicle for
travel, and all necessary expenses for travel, meals and lodging shall be a legal
charge against the 1992 Landfill 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 Councilman Penny, seconded by Councilwoman Hussie,
FINDINGS STATEMENT
State Environmental Qualtity 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 A.M. Kontokosta (Sou'~hold Commons, Southold).
DESCRIPTION OF ACTION
The project involves the proposed rezoning of a 32 acre parcel of lan. d fr~m
existing "R-80" zoning district (residential low,density; 2-acre minimum) to' HD
Hamlet Density District. The rezoning is'to allow construction of a total of 116
detached single family dwellings, consisting of 92 moderately-priced homes and 24
affordably-priced homes.
LOCATION
The project is located on the east side of Boisseau Axtenue, west of Young's Avenue,
south of Middle Road (CR 48) and north of Hummel Avenue, Town of Southold, Suffolk
County, New York. The site is more definitively identified as Suffolk County Tax Map
Number ~ nan_n~_n~nn_nl'7
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
physical development of the site. These interested agencies have been acknowledged and
included in the EIS process for comprehensive project planning.
DATE FINAL EIS FILED
November 17, 1989
FACTS AND CONCLUSIONS IN THE ElS RELIED UPON TO SUPPORT THE
DECISION
The proposed change of zone application has been subject to a Draft and Final EIS in
accordance with procedures established under the State Environmental Quality Review Act.
The Town Board after deliberation and review of the Long Environmental Assessment
Form (EAF) issued a Positive Declaration on Southold Commons, on April 24, 1990.
Subsequently, at a mutually convenient time, a Scoping Meeting was held with the applicant
on June 18, 1990. After submission Of a Draft EIS with 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 pubhc hearing on the Draft EIS was held on August
13, 1991. After compiling substantive c .o~. ents, a letter containing comments and requi~red
EIS format was forwarded to the applic//nt in September, 1991. The content and adequacy
JUNE 2, 1992
4'6 9
of the Final EIS is the responsibility-of the lead agency regardless of who prepares it. 'In tile
case of Southold Commons. the applicant and the Town mutually agreed to allow the
applicant to prepare the Final EIS which would be reviewed for adequacy by the Town.
After submission of a Final EIS with several necessary revisions, the Final EIS was accepted
by the Town Board on November 12. 1991. The applicant and the Town also mutually
agreed to delay the issuance of the Statement of Findings until a hearing on the change of
zone was held on March 10, 1992, in order to provide a forum 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
Southold Commons.
These findings present the facts and conclusions in the Final EIS documentation,
which are considered 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 ElS. The Draft and Final EIS explored a multitude of issues; however, issues
presented herein are considered to be the most important ones as regards a decision on the
project. The Final EIS contains detailed analysis of all impacts relating to the project;
however, for the purpose of these findings the following discussion on key issues is provided:
GEOLOGY
The project site is generally flat with slopes of less than 3 percent. Existing
topography does not pose a significant constraint to use otsite for moderate density
residential purposes.
The central, south and west portions of the site (comprising 70% overall) are
dominated by Have_n Loam, which is a prime agricultural soil. The balance of the site
is comprised of Riverhead Sandy Loam. Neither soil type presents a significant
constraint with regard to moderate density residential use.
WATER RESOURCES
Groundwater
The project site is located in Groundwater Management Zone IV, a local water
supply aquifer which has predominantly horizontal flow with discharge to nearby
surface waters.111~ U.~[]LII 1-0 ~IIJUlIUW~t¢I llil~ O~ll. lilUl¢~[¢u [ud. vci~w ........ ow"~n x~wt,c-A'
therefore, there is adequate depth to allow subsurface installation of leaching
structures as necessary. Water quality beneath the subject site is identified as being
impacted by nitrate and aldicarb common in agricultural areas of the Town. The site
lies within the Water Budget Area, associated with sites near the North Fork
groundwater divide, and the site is within the Greenport Water District as well as a
major water supply demand center as identified in the North Fork Water Supply Plan
(SCDHS, 1983).
The project requires the construction of a Sewage Treatment Plant in order to
achieve the desired density. The EIS acknowledged that setbacks required for a
Sewage Treatment Plant would necessitate the loss of 15-17 units. The EIS also
indicates that "small capacity sewage treatment plants tend to have operating
problems due to their size...". Operational problems may result in environmental
consequences including water quality problems, odors, etc. The Town Board has
concern with regard to proper handling and disposal of sewage at the subject site.
The EIS states that "If approval cannot be obtained from the Suffolk County Health
Department to construct an on-site sewage treatment plant, lot sizes would have to be
increased to two units per acre and on-site sanitary systems (Subsurface Sewage
Disposal Systems) installed."
The Town Board finds that a land use density in excess of 2 units/acre would tend to
promote the proliferation of a small sewage treatment plant, without sufficient
justification for the potential environmental impacts associated with proposed density
and STP construction. The site is located near the North Fork groundwater divide
and is therefore in the water budget, area which contributes maximum recharge to
groundwater. The EIS indicates that a viable alternative to STP construction exists,
which would provide for reasonable use of the land and would not present as much
concern as the proposal advanced by the applicant.
Water supply is an additional aspect of water resources which was investigated in the
Final EIS for Southold Commons. The project proponent intends to connect to the
Village of Greenport water supply system. The applicant indicates that the
development will not require water supply until 1994-1995, and that the Village
intends to add additional water capacity to the existing distribution system. The
Village of Greenport Superintendent of Utilities prowded a comment on the Draft
EIS regarding water supply, as follows: "The DEIS indicates an application has been
made to the Greenport Water District and is presently pending. At this point it is
impossible to predict what the Greenport Water District's additional capacity, if any,
will be at such time as it may be reqmred for this proposed project....Presently, the
district's water contracts to provide water for new projects exceed the district's excess
capacity". Based upon this comment, it is apparent that the district will seek new
water sources in order to accommodate additio_nal development in the district.
The proposed project would increase water use from 4,800 gallons/day (gpd) under
exisnng zoning to 34,800 gpd (over a 700% increase). The site is identified in the
Draft EIS as lying in the North Fork water budget area which is critical in terms of
water supply. Estimates based upon permissive sustained yield as compared to
~redicted consumptive use in the year 2,000, predict a slight water supply surplus;
owever, significant land use density increases without corresponding land use density
decreases could increase consumption and reduce the surplus. Therefore, based
upon the requested density of the change of zoning, there is concern over the ability
of existing and future utilities to serve the project as well as concern for increase in
water use for a land use project of the proposed density.
TERRESTRIAL ECOLOGY
Vegetation & Wildlife-
The site is documented in the EIS as almost entirely dominated by old field species.
There were no rare plants, or threatened, endangered or species of special concern
identified in connection with the site. There are not wetlands or other unique
habitats on or near the site. Accordingly, site ecology does not present a significant
constraint to moderate density residential site use.
LAND USE & ZONING
Existing Land Use & Zoning
The proposed project lies in an area of mixed zoning, with "R-80" zoning to the west
(across Youngs Avenue), and "R-40" zoning abutting the site to the south and east.
"B-Business" zoning is adjacent the site to the north. In addition, there is "HD" zoning
diagonally southwest of the site (currently under development as Founders Landing),
and "Al-ID" district zoning east of Boisseau Avenue behind "R-40" lots fronting
Boisseau Avenue (currently under development as High Point Meadows). The site is
within a 1/2 mile radius of the Hamlet of Southold.
The project sponsor indicates that, "The reasons for a request in zoning change is that
the parcel is contiguous to business and commercial uses to the north, the
surrounding residential area is being utilized as high-density, and the present 2
acre/unit zone is incompatible with the uses in the immediate surrounding area and
thus does not allow for a compatible (Moderate and Affordable Housing), and
reasonable use of the subjectparcel". The Draft EIS addendum indicates that this
zoning would more closely reflect the goals of the Master Plan for expansion of the
Southold hamlet center.
It is acknowledged that other higher density residential land uses may also be
appropriate under the concept of expansion of the Southold hamlet center and/or
e~tabhshing transitional uses between mixed zoning districts including existing high
density residential housing and business use. Accordingly, from a land use and zoning
perspective, there is merit to consideration of increased density above what is
presently allowable under "R-80".
JUNE 2, 1992
·
471
The proposed Southold Commons project involves a request for a change of zoning to
"HD' district to permit construction of 116, 10,000 square foot lots. The majority of
land adjacent the site is in residential or vacant use. Some existing lots in the area
are in the 10,000 square foot range, but there is a preponderance of land which is still
subdividable and in the "R-40" zone. There are several high dens!ty hoUsing projects
near the site. The lands adjacent and north of the site are zoned B-Business". The
zone change proposal would involve placement of 10,000 square foot residential lots
adjacent this business~ district. The Town Board has cOncern with regard to the
oVerintensification ot use On the Southold Commons property through the
construction of 116, 10,000 square foot lots. Land use occurring on the Southold
Commons parcel should consider buffers between residential and commercial
districts, and should be in aesthetic harmony with general land use patterns in the
are a.
Land Use Plan's
The propoSed Southold Commons project was reviewed in the context of land use
plans in the Draft EIS addendum. The document notes that the proposal is
consistent with the goals and intent of the Master Plan by encouraging affordably
priced housing through high density zoning, and by expanding the Southold hamlet
center within 1/2 rnile of the business district. The fact that the site lies within 1/2
mile of the hamlet business districf indicates that the Subject site is eligible for
consideration of Hamlet Density zoning. Each such parcel eligible for consideration
of Hamlet Density zoning must be considered on a case-by-case basis.
Environmental evaluation conducted as part of the Draft EIS found that the site does
not exhibit any significant slope or soil constraints, and there are no wetlands or
sensitive ecological resources present on site. Furthermore, the site and area have
the ability to accommodate necessary infrastructure improvements for planned
growth in consideration of Master Plan recommendations for "HD" district eligible
sites within 1/2 mile of the hamlet of Southold. Utilities are generally available,
however, it has been previously noted that there are no sewage districts available,
therebY reqUiring on-site disposal or treatment. In addition, the water capacity of the
GreenPort Water District must be expanded in order to accommodate future growth.
In view of these factors, it is recognized that the subject parcel is consistent with
criteria offered in the Master Plan for consideration of "HD" density, provided
acceptable sanitary disposal and water supply options are available.
The concept of providing affordable houSing is noteworthy. Under the proposed
project, 24 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 would be offered at prices of $129,000 to $165,000. The
offering of 24 affordably priced homes is acknowledge.d as beneficial.in terms of
increaSin~ the loWer priced housing stock for County residents, The Town Board is
also conglzant of the fact that an increased percentage of affordably priced homes
offered with preference to Southold Town residents would be more equitable to the
residentS of the Town of Southold,
A Master Plan is continually subject to review and change in response to economic,
environmental and social climate, through legislative and planning decisions of
implementing boards. Furthermore, although the goals °fthe Master Plan include
promoting affordable, priced housing through controlled expansion of hamlet centers
where adequate utilities are available, these goals must be balanced against other
resource issues. Those areas (within 1/2 mile of the business center, with adequate
utilities) could present an opportunity for density increase if justified based upon
review and balancing of overall Master Plan goals..
The following goals and policies are noted in the Master Plan with regard to
Environment:
* Promote a development pattern that is responsive to sensitive areas exhibiting
prime agricultural soils, poor drainag_e, high water table, high erosion hazard,
flood hazard, sensitive coastal features, great scenic quality and woodlands.
* Protect the Town's water supply from further contamination by encouraging the
use of techniques that reduce pollution from fertilizers, herbicides and pesticides
(agricultural and residential), requiring adequate water supply, and Septic system
conditions for neTM development, and employing minimum maintenance dredging
of streams (to minimize salt water intrusion). -
* Promote development patterns that are at as scale that is commensurate with the
available water supply.
472
JUNE 2, 1992
With regard to the Cultural Environment, the following policy is noted in the Master
Plan:
Plan for intensity and mix of development of hamlet centers th~'t improve the
viability, functiOning and aesthetics of hamlet commercial centers without
changing the scale of the centers.
Therefore, in order to be consistent with the Master Plan, the legislative board
responsible for land use changes must review proposalS and reach informed decisions
throu~oh a balance of environmental, economic and social issues. The site which is the
subject of the SOuthold Commons application has the potential to meet the above
noted criteria in order to provide comPatible affordable housing at an appropriate
density, such that the scale and aesthetics of the hamlet center are maintained.
Although the proposed density may not provide the site design flexibility and
community compatibility which the Master Plan encourages, the subject parcel is
recognized as providing an opportunity to achieve Master Plan housxng objectives
provided water supply ~s avmlable and a reasonable density and site design is
achieved.
Certification of Findings
Having considered the Draft and Final EIS, and having considered the Preceding
written facts and conclusions relied upon to meet the requirements of 6 NYCRR 617.9, this
Statement of Findings certifies that:
1. The procedural requirements of 6 NYCRR Part 617 for notice, filing, coordination and
Final EIS content have been met as outlined in the introductory discussion, and
2. Consistent with the social, economic and other essential considerations from among
the reasonable alternatives thereto, the action does not minimize or avoid adverse
environmental effects to the maximum extent practicable; including the effects
disclosed in the Draft and Final EIS, and
3. Consistent with social, economic and other essential considerations, to the maximum
extent practicable, adverse environmental effects revealed in the environmental impact
statement process will not_ be minimized or avoided by the incorporating as conditions
to the decision those mitigative measures which were identified as practicable.
4. Consistent with the applicable policies, this action will not achieve a balance between
the protection of the environment and the need to accommodate social and economic
considerations.
5. The lead agency does find that from among the alternatives evaluated in t.he Draft and
Final EIS, all of the alternatives analyzed provide a greater environmentat
compatibility to varying degrees depending upon design and density when compared to
the proposed project and other alternative site uses not analyzed in the Draft and Final
EIS may be more environmentally compatible.
of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
29. -Vote
SUPERVISOR HARRIS: I need a motion to recess in reference to public hearings,
that we'll be having now on Local Law changes.
Moved by Councilman Lizewski, seconded by Councilman Wickham, 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.
Reconvened at 5:00 P.M.
SUPERVISOR HARRIS: Would this Board like to move on the first Local Law,
a "Local Law in Relation to Permanent Moorings", the second public hearing?
30.-Moved by Justice Edwards, seconded by Councilman Penny,
WHEREAS, there was presented to the Town Board of the Town of Southold on
the 20th day of May, 1992, a proposed Local Law No. 12 - 1992 entitled, "A Local
Law in Relation to Permanent Moorings"; and
JUNE 2, 1992
473
WHEREAS, a public hearing was held on the aforesaid proposed Local Law on the
2nd day of June, 1992, at which time all interested persons were given an oppor-
tunity to be heard; now, therefore, be it
RESOLVED that the Town Board hereby enacts Local Law No. 12 - 1992, which
reads as follows:
LOCAL LAW NO. 12 - 1992
A Local Law in Relation to Permanent Moorings
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 32 (Boats, Docks and Wharves) of the Code of the Town of
Southold is hereby amended as follows:
1. Section 32-31 (Definitions) is hereby amended by deleting the existing
definition for Permanent Mooring as follows:
PERMANENT MOORING - -T-he-see~r+ng-e-f-a-boat-h~-~-haf'bor-~ct--a
2. Section 32-31 (Definitions) is hereby amended by adding the following
definition for Permanent Moorings to read as follows:
PERMANENT MOORING Any of a number of different mechanical or
cable-like systems the intended purpose of which is to permit the
securincJ of a boat to a fixed location. Said system typically consists
of an anchoring device (mushroom or other) which is placed on the
bottom of the harbor and is connected to a floatincj device (i,e. ball)
by cables and/or lines.
II. This Local Law shall take effect upon its filing with the Secretary of State.
*Overstrike indicates deletion
**Ur{derscore indicates addition,
30,-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilman Wickham,
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: The last public hearing in Relation to Clams, does the
Town Board want to move on that?
COUNCILMAN PENNY: No.
COUNCILWOMAN HUSSIE: No.
COUNCILMAN WICKFIAM: No.
JUSTICE EDWARDS: No.
SUPERVISOR HARRIS: We'll hold that. At this time, being no further resolutions,
are there any members of the audience, that would like to address this Board
on any issue you may feel is important to our concern?
FREDERICKA.-ROSS:I impose on you with a: communication today, because the
next meeting of the Land Preservation Committee happens to be the same day as
your next meeting, the 16th, and I wanted some consideration and input from
you folks, before I go on to the~next step, on this. By way of background, the
Cassidy family owns a parcel of land on Albertson Lane. This is just for your
consideration, a communique I received from John Halsey concerning the Cassidy
property on Albertson Lane running over into Ashamomaque. This was in the
pipeline for Town property farmland, and while we had it under consideration
we had it appraised, I was contacted by members of the Cassidy family by a broker,
Frank Murphy, and by Peconic Land Trust. They said they were trying to put
together a different type of package. Besides the forty acres we were looking
at, they would include fifteen more on the Main Road, as an open space proposi- ~
tion. This has very attractive implications for the town, obviously, because it
would restore a good deal of the wetlands, and assess to Arshamomaque, which
used to be one of the best clamming grounds in the township. He's made a pro-
posal, which he would like to discuss with me, and I'll be back to you with it,
but I thought you ought to have an outline of it, so you can let me know how
you feel about it. I'm here for the third time in a row, I guess, on news about
Robins Island. I don't know if you've heard anything from the County Executive,
or not. The silence was supposed to end on May 27th. That was the agreement
we were told, in the negotiations for the Island from Gaffney's Office, but I haven't
seen anything in the paper, and I know you were trying..making efforts to try
to get in touch with them as to what was going on. Any results?
,474
JUNE 2, 1992
SUPERVISOR HARRIS:TI~re'st~een-lqO meeting scheduled yet. I'm still waiting
for them together with us. We're still waiting.
FREDERICK A. ROSS: I'll give you the rumor of the day. The rumor of the
day, like Richard Nixon, Mr. Gaffney seems to have a deep throat somewhere
over in the County Center. The rumor of the day was that he was dispensing
a Police helicopter with representatives of the Office of Ecology, County Park
Department, and the County Health people to study which part of the Island should
be preserved, and which part should be developed.Thatwas t;he~tated mission.
However, the helicopter was kaput. It was not working today. I'll bring you
the day's rumor, if you don't have any official communication, maybe 1'11 get you
one. If I hear anything, I'll let you know.
SUPERVISOR HARRIS: Regardless what happens with the County in it's movement
towards Robins Island, this Board is very concerned that the money that was
earmarked for that island, if the fait. accompli is that it won't go in that direction,
that that money stay earmarked for other open space purchases within the Township,
and this Board is constantly pressing for that. If the County does away from
the other purchase, and we've also been watching very carefully over the years,
as we know you have, the amount of money that was spent here in open space
under the quarter percent sales tax money, which is at this point isn't one dime,
and yet many other townships had received $15,000,000.00, $17,000,000.00 purchases
at one shot of properties to maintain open space, and certainly in the Special
Groundwater Protection Areas for the good of the core watersheds, so this Town
is still endeavoring to get money spend on behalf of obviously the taxpayers of
Southold getting our fair share back from what they have contributed, and so
we're going to continue on that effort also.
FREDERICK A. ROSS: I was just hoping you'd have more success with a Republican
administration.
SUPERVISOR HARRIS: If there is no other business, is there any member of
the Board?
COUNCILMAN WICKHAM: I'd like to just make a brief comment about the Stewardship
'lr~itiative,, and the Task Force that the members for whom were appointed today.
It's taken a long time for the Board to finally come up with this, but I think it's
a unanimous decision of the Board, and one which we're all quite pleased with.
I want to say, speaking for myself, and I think the rest of the Board, that we
view all of these people serving, not as representatives of special interests, or
the organizations, that they come from. We view them coming in their own right
as individuals making the best contribution they can towards a improved,and a
model planning, and a model zoned town of the Town of Southold . We don't view
them as partisans, and representatives of their own particular special interests
in a group of people, that are going to contest, and argue, and fight with each
other over those special interests, and with that sort of background we hope,
and believe that the Task Force will be a very significant benefit to the town.
SUPERVISOR HARRIS: Thank you. is there any other member of the Boardwho
would like to speak?
COUNCILMAN PENNY: I would iust like to say in regard to repealing the Federal
Boat Use¢ Fee tax, I've been a boater for many years, and a member of Boats
U.S., which adamantly fought this. Boats U.S., and many other individuals would
be very happy to support the user fee concept, if the marine division, and the
marine services had received any benefit from this whatsoever, but this was like
somebody coming along, and placing a user fee on the use of-your car, and then
not using it to improve the roads, or the services available, or the police, or
anything else in regard to it. It was an abomination of the word user fee, and I
don't how it ever came around in the first place, but I'm very happy to see it
disappear. In regard to the US/UK Stewardship Exchange Task Force, there
were comments that were made to us, and we went into great discussions on whether
or not Town Board members, and other members of the Boards of the Town, and
also including the Village of Greenport, should serve as members of this committee.
We've had some discussions with some Village officials on this, and it was a
consensus among the Board members, that we encourage members of the Town
Board, appointed Boards, and elected Boards, to come and attend these meetings,
and to participate in these meetings, as well as we encourage the Village officials
jUNE 2, 1992
475
to do the same. As you can see we had a 19 member committe~, as it was now,
and we felt that that was enough of a burden in itself, and to make sure that
every Board of the Town was equally represented we would..and in the Village
was equally represented, we would have been up in the high thirties, and probably
would have been absolutely uncontrolable. So, hopefully with everyone's
cooperation in mind, and the legislative intent of the Town Board in doing it this
way everything will work out fine, and everybody will participate as we wish.
Thank you.
SUPERVISOR HARRIS: In closing, I'd like to congratulate the Moelius for the
first purchase of development property under the 1991 Development Rights Bond
that was issued by the Town of Southold voters in November. It's very important
that we endeavor to move ahead with the preservation of agricultural lands in
Southold Town. The ultimate goal is around 4,000 acres. At present we have
around 1,200 acres, that have been purchased, either through the County
acquisition, or the .1983 Southold Town Development Rights Program. This will
continue, that endeavor to maintain, and the open space in agriculture product
of Southold, which makes it unique, to all other townships in Suffolk County.
We congratulate the Moielius, and all others who have given their property freely
for the benefit of Southold Town, at the same time being commensurated, obviously,
for the assets that they have as involved with the ownership of property, and
at the same time I'd like thank the taxpayers of this town 'for continuing to provide
the impetus that is needed to provide that, and maintain that agricultural land
in Southold Town. There is no doubt in my mind, that the people last year, even
though these recessionary times were difficult, and there were many individuals,
who c~)ntinue to be without work, that they put their money where their mouth
was to make a commitment to Southold Town after 352 years of being in existence
and I applaud them, and I applaud the owners-of property, who continue to supply
the Land Preservation Committee with properties for purchase. 1.75 million we
realize will not go very far, even in these recessionary times. If we can garnish
around 300 acres, it's a major step towards that goal of 4,000 acres, which we
feel is achievable in decades to come. So with that, thank you and have a nice
evening. I need a motion to adjourn?
Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 5:20 P.M.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Judith T. Terry ~
$outhold Town Clerk