HomeMy WebLinkAboutTB-05/22/1990 426
SOUTHOLD TOWN BOARD
MAY 22, 1990
WORK SESSION
Present: Supervisor Scott L. Harris, Justice Raymond! W. Edwards, Councilman
George L. Penny IV (11 :00 A.M.) , Councilwoman Ellen M. ;Larsen, Councilman Thomas
H. Wickham, Superintendent of Highways Raymond L. Jacobs, Assistant Town Attorney
Matthew G. Kiernan, Town Attorney Harvey A. Arnoff i(11 :50 A.M.), Town Clerk
Judith T. Terry. Absent: Councilwoman Ruth D. Oliva (ill) .
9:15 A.M. - Abigail Wickham and her clients Wendy Norris land husband Harold Grant,
met with the Board to discuss Ms. Norris' offer to sell her property on New Suffolk
Avenue, fronting on Marratooka Lake, Mattituck, to ithe Town. Ms. Wickham
expressed her client's concern about public access to the property and the lack of
parking facilities, since New Suffolk Avenue is a rapidly, traveled road and people
would -be inclined to park on the shoulder. Supervisor Harris expressed his concern
about limiting access, since the taxpayers in the Town of Southold would be paying
for the property and feels some picnic tables and the ability to feed the wildlife should
be permitted. The Board set 8:10 P.M. , Tuesday, June 5, 1990 for a public hearing
on the question of the acceptance of the offer of Wendy Norris for the sale of this
property to the Town under the Open Space Program. In ; the meantime, Assistant
Town Attorney will obtain from Attorney Wickham proposed covenants and restrictions
pertaining to a prohibition of erecting buildings or structures on the property;
keeping the property mowed and clean; and providing Wendy Norris with the right
of first refusal should the Town. ever decide to sell the property.
9:35 A.M. - Cynthia Beer, Traffic Committee representative' of the Orient Associastion,
met, with the Board to discuss the problems caused by the constant flow of traffic from
the Orient Point ferry. The Association sponsored a traffic study in July of 1989 and
it was determined there are over 3,000 cars a day. The Association is looking for a
resolution from the Town Board in support of alternate: routes - possibly another
crossing at Shoreham to New Haven, another at Montauk to. New London, although that
does not have local support. Councilman Penny suggested a meeting with"East
Hampton Town officials to discuss the matter. Mrs. Beer !invited the Board to attend
the June 2nd Orient Association meeting.
10:20 A.M. - Fred Miner and Ed Wisowaty of the TRY=5 met with the Board to
introduce the song they have written for the 350th celebration entitled, "Children for
the Future". They propose to donate the revenue from sales to Lyme Disease rearch
for the first two years, after that they would share the; profits 50/50. The other
members of the TRY-5 are Greg King, Keith Tyrer and Gail Alexander. Children from
all of the Town schools will meet at 12 Noon at the Greenport School to record their
part of the song.
10:30 A.M. - Michael Zweig, Chairman of the Planning 1 Committee for a proposed
"Planning the North Fork: Towards a Visdn for the Future" conference to be held on
Saturday, September 15th at the Southold School met with the Town Board. Mr. Zweig
reviewed the agenda for the conference, and asked the Town Board to co-sponsor the
conference and provide $2,000 toward expenses. Supervisor Harris -advised that the
budget is in bad shape and at the present time there is no money available. Justice
Edwards stated he is unconfortable with some of the people 'involved with the conference they are in litigation against the ' Town, and would, not vote to contribute.
Councilwoman Larsen said they would have her support.
10:55 A.M. - Former Councilwoman Jean Cochran met with the Board to bring them
up to date on _ the plans and program for the 350th Committee's. Education Project,
whereby murals which have been prepared by students ',from all , the Town schools
would be .dedicated to the Town on June 5th. Arrangements have been made for a
bus tour and host families for the Fishers Island students who will arrive on June 4th.
The dedication ceremony will take place at Horton Park, !Greenport, the site of the
Greenport-Southold Chamber of Commerce building.----On another subject, Mrs.
Cochran, Chairman of the Town's Substance Abuse Committee, updated the Board on
the committee's progress. Currently they are planning summer dances at the Wharf
House, Southold.
11 :15 A.M. - Bruce and Melinda Vitale met with the Board to request permission to
place a single family watchman trailer on their property on the south side of Sound
Avenue, .Mattituck. Currently there is a carpenter shop ;on the property which has
been robbed twice in the past, and. people are constantly dumping debris on the
property. Mr. and Mrs. Vitale plan to building a home there within two years. The
Board placed resolution no. 43 on the agenda granting a temporary six month permit,
not to exceed two years of renewals.
MAY 221 1990 2 .
11 :5.0 A.M. - For Discussion Items: (1)' Decision on the petition of Southold Villas,
Inc. for a change of zone (see resolution no. 41) .
12:45 P.M. - Recess for lunch.
2:10 P.M. - Work Session reconvened and the Board. continued with For Discussion
Items: (2) Decision on appointing a member to the Conservation Advisory Council -
hold to June 5th. (3) Waiver of yard sale fees for non-profit groups - to be
considered on a case-by-case basis. (4) Councilman Wickham reviewed the proposed
brochure on the Town's Recycling Program - E2RA will pay the cost. Mr. Wickham
also advised he will be attending the Fishers Island Civic Association's annual meeting
-on May 26 and speaking on waste management. (5) Letter from Howard Hancock,
Chairman of the Fishers Island Garbage and Refuse District, asking for a resolution
of the Town Board regarding their responsibility to the residents of Fishers Island
in the event that the Garbage and Refuse District is dissolved (see resolution no. 46) .
(6) Letter from the Board of Fire Commissioners, Orient Fire District, concerning .
the arrangement with the Planning Board for the local fire districts to chose locations
for fire protection wells.--The Planning Board will be asked to research when the
aforementioned provision was put into law. (7) Receipt of an application from William
Moore, attorney for Robert Pfluger, B.P. Wreckers, Ltd., for a permit to operate the
temporary storage of discarded vehicles, scrap metal and resources for salvage and
recycling pursuant to Chapter 48 .of the Southold Town Code. Mr. Moore will be asked
to meet with the Board on June 5th to discuss this application. (8) Letter from A.
John Gada, Jr., Fishers Island, concerning the need to use the Fishers Island Sewer
District system to dispose of sewage, since presently the only alternative is is ti
dispose of it on the mainland and that is very costly. Mr. Gada suggests a surcharge
for the first load and a graduated reduction in cost per load per household. The
Town Clerk will transmit Mr. Gada's to the Town's consultant for the district, AR
Lombardi Associates and ask for their direction.
2:45 P.M. - Code Enforcement Officer Vincent Wieczorek was asked to meet with the
Board to discuss enforcement of the zoning' ordinance concerning flags and banners.
EXECUTIVE SESSION
3:15 P.M. - On motion of Councilwoman Larsen, seconded by Councilman Penny,. it
was Resolved that the Town Board enter into Executive Session. Vote of the Board:
Ayes: All. Town Attorney Arnoff discussed litigation with the Board.
5:55 P.M. - Board reviewed regular meeting resolutions.
6:15 P.M. - Work Session adjourned.
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on Tuesday, May
22, 1990, at the Southold Town Hall, Main Road, Southold, New York. Supervisor
Harris opened the meeting at 7:30 P.M. , with the Pledge of Allegiance for the
Flag.
Present: Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilwoman Ellen M. Larsen
Councilman Thomas H. Wickham
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
Absent: Councilwoman Ruth D. Oliva (ill).
SUPERVISOR HARRIS: A motion to approve the audit of bills for May 22, 1990?
Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the following audited bills be and hereby ordered paid: General
428 MAY 22, 1990
Fund, Whole Town bills in the amount of $111 ,824.27; General Fund, Part Town
bills in the amount of $31,797.46; Nutrition Fund bills in the amount of$4,635.95;
Adult Day Care bills in the amount of $404.05; Home Aide Program bills in the
amount of $221 .80; SNAP Program bills in the amount of $4,757.95; EISEP Program
bills in the amount of $239.20; Highway Fund Whole Town bills in the amount of
$7,151 .07; Highway Fund Part Town bills in the amount of $14,817.93; Capital
Projects Account bills in the amount of $68,000.00; Employee Health Benefit Plan
bills in the amount of $14,582.14; Fishers Island Ferry District bills in the amount
of $8,512.01 ; West Creek Estates Road Improvement bills in the amount of $2,412.00;
Southold Wastewpter District bills in the amount of $109,149.09; Fishers Island
Sewer District bills in the amount of $1,831 .18; Fishers Island Ferry District Agency
E Trust bills in the amount of $58.58.,
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: Could have a motion approving the minutes of the Town
Board of May 8, 1990?
Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the minutes of the May 8, 1990, regular Town Board meeting be
and hereby approved.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: The next meeting date is going to be Tuesday, June 5,
1990, 7:30 P.M.
Moved by Councilman Penny, seconded by Councilwoman Larsen, it 'was
RESOLVED that the next regular meeting of the Southold Town Board will be held
at 7:30 P.M., Tuesday, June 5, 1990, at the Soutold Town Hall, Southold, New
York.
Vote of'the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
I. REPORTS.
1'. Town Trustees Report for April, 1990.
2. Scavenger Waste Treatment Facility Report for April, 1990.
3. Town Justice Price's Report for April, 1990.
4. Town Justice Edwards Report for April, 1990
5. Police Department Report for April,. 1990.
6. Supervisor's Monthly Report for April, 1990.
7. Cablevision Report for March and April, 1990.
8. " Councilmen's Report
9. Supervisor's Report..
11. PUBLIC NOTICES.
1 . U. S. Corp. of Army En ineers, New York District, Special Public Notice
regarding the Clean Water Act Section 404 Regulatory Program and Agricultural
Activities.
2. New York State Department of Environmental Conservation, Notice of
Complete Application of Mattituck-Holdinq Corporation's proposal for the demolition
of an existing above ground petroleum storage tank farm. This project includes
three 250,000 gallon tanks, three 100,000 .gallon tanks and two 20,000 gallon tanks.
Comments by June 7, 1990.
III. COMMUNICATIONS. None.
IV. PUBLIC HEARING.
1 . 8:00 P.M. Public hearing on proposal to Amending Zoning Ordinance and
Map.
SUPERVISOR HARRIS: At this time, before we open it up to the public for any
comment they would like to make on resolutions, that we are entertaining tonight,
we'd like to present two individuals with their badges for obtaining the rank of
Sergeant. At this time I'd like to call forth Sergeant Joe Reiter, and Ty Cochran,
and Chief Winters, and their families are here to witness this momentous occasion,
and I will come down. Chief, if you would do the honors? Gentlemen, the Town
is proud of the accomplishments you've acheived in your career as Police Officer,
and we wish you many more years of success in your endeavors, and so again,
congratulations on behalf of myself and the Town Board. We appreciate your
indulgence at this time, and congratulations to the families involved. We know
that you've put up with a lot of years endurance, and we know that this occassion
is one, that I'm sure you'll be proud of for years to come. Congratulations.
MAY 22, 1990 429
V. RESOLUTIONS.
SUPERVISOR HARRIS: At this time, we'll return to our regular portion of out
Town Board meeting. We will ask any member of the audience, if they would like
to entertain any resolution, that we will be acting on tonight. (No response.)
Seeing none, we shall commence with our resolutions.
1 .-Moved by Councilman Penny, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following budget modification to the General Fund - Whole Town 1990 Budget for
the transfer of monies from the 350th Committee's Donated Funds held in Trust
E Agency:
To:
Revenues
A2705 Donations $ 5,000.00
Appropriations
A7550.4 Celebrations, Contractual Expenses $ 5,000.00
1 .-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I'd like to mention that the absent of Councilwoman Ruth
Oliva tonight. She is undergoing some surgery, and we wish her well, and the
Town Board misses, and we hope for a speedy recovery.
2.-Moved by Supervisor Harris, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following budget modification to the Geneal Fund - Whole Town 1990 Budget:
et:
To: A9901 .9 Interfund.. Transfer $ 8,716.00
From: A1620.4 Buildings 8 Grounds, Contractual Exp. $ 8,716.00
2.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: Number 3 will be held for discussion on June S. (Resolution
with respect to Board or Committee reappointments.)
4.-Moved by Councilman Penny, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission -
to the Southold High School Band to use Oaklawn Avenue and Jernick Lane,
Southold, to practice marching in preparation for the Memorial Day Parade, on
May 18; 21 , 22,' 23, 24, 1990, from 7:15 A.M. to 7:45 A.M. on each date, 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. -
4.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
S.-Moved by Supervisor Harris, seconded by Councilman Penny,
WHEREAS, the WESTERN SUFFOLK COUNSELORS' ASSOCIATION is sponsoring
their 23rd ANNUAL EMPLOYMENT DAY on Thursday, May 31, 1990; and
WHEREAS, EMPLOYMENT DAY was established to provide an opportunity for high
school students to explore the world of work prior to graduation; and
WHEREAS, this. program provides high school seniors with the unique opportunity
to speak with many prospective employers from Suffolk County regarding job possi-
bilities on Long Island; and
WHEREAS, on this 23rd ANNUAL EMPLOYMENT DAY business, trade and technical
schools will be invited to attend, as they offer another option to students who
may not, for a number of reasons, be ready to join the work force immediately
after graduation; and
WHEREAS, it is this type of response to changing time and conditions which has
made EMPLOYMENT DAY of continued value to the high school students in Suffolk
County; now, therefore, be it
RESOLVED,- that the Town Board of the Town of Southold hereby Proclaims MAY
31st as EMPLOYMENT DAY, 1990 in the Town of Southold.
DATED: May 22, 1990.
5.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
6.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to Police Chief H. Daniel Winters to attend the annual training confererence of
the New York State Association of Chiefs of Police, at Albany, New York, on .August
26 through 30, 1990, and the use of a Town vehicle for travel, and necessary
expenses for meals, lodging and registration shall be a legal charge against the
Police Department's 1990 Budget.
430 MAY 22, 1990
6.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
7.-Moved by Councilman Wickham, seconded by -Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
$350,000 reduced Letter of Credit submitted by Neil Rego for roads and improvements
in the major subdivision of Chardonnay Woods, all in accordance with the Town
Board's resolution of April 10, 1990 authorizing the reduction from $442,685.00
to $350,000.00, as recommended by the Southold Town Planning Board.
7.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
8.-Moved by Councilwoman Larsen, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby amends their
Resolution No. 20, adopted on September 26, 1989, with respect to returned check
charge: (addition underlined) .
"RESOLVED that the Town Board of the Town of Southold hereby imposes
a returned check charge of $15.00 to be added to any amount owing to
the Town where a tendered payment of such amount was by a check or
other written order which was returned for insufficient funds or any
reason related thereto, in accordance with Section 85 of the General
Municipal Law; and
BE IT FURTHER RESOLVED that the Town may require, after a check
has been returned for insufficient funds, future payments to be tendered
in cash or by certified or cashier's check, in accordance with Section 4
of Section 85 of the General Municipal Law."
8.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
9.-Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby approves and
adopts the following amendment to Chapter A106, Subdivision of Land, from the
Code of the Town of Southold, as approved by the Southold Town Planning Board
following a public hearing on same held on May 14, 1990;
I. Section A106-38E.'(3) (Money_ in lieu of land) of the Code of the Town of
Southold is hereby amended to read as follows:
(3) The amount to be deposited with the Town Board shall be two thousand
dollars ($2,000.00) per lot for each vacant lot in the subdivision. _
For .the purpose of this Section, a vacant lot shall be construed 'as
a lot that does not contain an existing residential structure at the
time the subdivision- receives final approval. In a subdivision contain-
ing lots designated as affordable pursuant to the Town's affordable
housing ,code, those lots so designated shall be exempt from this
computation.
AND BE IT FURTHER RESOLVED. that the Town Clerk be and she hereby is
authorized and directed to transmit this amendment to General Code Publishers
Corp. so they may make the appropriate amendment to the Southold Town Code.
9.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
10.-Moved by Councilwoman Larsen, seconded by Councilman Penny,
WHEREAS, on April 24, 1990 there was presented to the Town Board of the Town
of Southold a proposed Local law entitled, "A Local Law in Relation to Building
Permit Applications", .and
WHEREAS, said proposed Local. Law was referred' to the Southold Town Planning
Board and Suffolk County Department of Planning for their recommendations and
- reports; now, therefore, be it
RESOLVED that the Town Board hereby sets 8:00 P.M. , Tuesday, June 5, 1990,
Southold Town Hall, Main Road, Southold, New York, as time and place for a
public hearing on said proposed Local Law which reads as follows, to wit:
A LOCAL LAW IN RELATION TO BUILDING PERMIT APPLICATIONS
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 100-281 A. is hereby amended to read as follows:
A. Applications. Every Application for a building
permit shall contain the following information and
be accompanied by the required fee and a plot plan
drawn to scale and signed by the person responsible
for each drawing. If no such plot plan is available,
a survey is required, prepared by a licensed engineer .
or land surveyor. In addition, plans and specifications
shall be filed with the Building Permit Application to enable
the Building Inspector to examine such plans to ascertain
MAY 22, 1990 431
if the proposed building will comply with applicable
building construction, housing and fire codes.
' II. This- Local Law shall become effective upon its filing with the Secretary
of State.
10.-Vote of the Town Board: Ayes':- Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
11 .-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 Agway Energy Products of Riverhead, in the amount of $23,994.00, for the
installation of Fueling Systems for the Police Department, Landfill, and Highway
Department, all in accordance with the bid specifications, and certification by
the Suffolk County Department of Health; and be it further
RESOLVED that the Town Board hereby requires that Agway Energy Products
of Riverhead file with the Town Clerk, prior to the commencement of the project,
a Performance Bond in the amount of $23,994.00 as surety for the faithful perfor-
mance of the installation of the aforesaid Fueling Systems, said bond subject to
the approval of the Town Attorney.
11 .-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
12.-Moved by Councilman Wickham, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby engages the
services of William F. Mullen, Jr. as the Town's Insurance Consultant, effective
July 1, 1990 through June 30, 1991, at an annual fee of $15,000.00, payable in
twelve (12) monthly payments of $1 ,250.00 per month; Mr. Mullen to provide
complete insurance service for 2the Town of Southold.
12.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly, ADOPTED...
U.-Moved by Jgstiae •Edwa-e-ds, . seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Board of Commissioners of the Fishers Island Ferry District to hire Jill E. Rogan
as a part-time automobile reservations clerk, effective immediately, at a salary
of $7.50 per hour.
13.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
14.-Moved by Councilwoman Larsen, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Super-
intendent of Highways Raymond L. Jacobs to purchase Bituminous Surface Treatment
(single course for pavement) from the Suffolk County Department of Public Works,
Letting GHR 1990 awards.
14.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
15.-Moved by Councilwoman Larsen, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Super-
intendent of Highways Raymond L. Jacobs to purchase Asphalt Concrete Type
2A Patching Mixture (picked up) Cold Mix from the Suffolk County Department
of Public Works, Letting GHR 1990 awards.
15.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny', Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
16.-Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Super-
intendent of Highways Raymond L. Jacobs to purchase Latex Modified Emulsified
Asphalt Pavement Course from the Suffolk Department of Public Works, Letting
GHR 1990 awards.
16.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This ,resolution was. declared duly ADOPTED.
17.-Moved by Supervisor Harris, seconded by Councilman Wickham, 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, for
a period of one (1) year.
IT.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
432, MAY 22, 1990
18.-Moved by Councilman Penny, 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 Asphalt, furnished and placed.
18.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman. Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
19.-Moved by Justice Edwards, seconded by Councilman Wickham, 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 5,000 linear feet
of Snow Fence with pickets, in 100 linear foot rolls (more. or less as may be needed)
and 500 - 6 ft. studded steel "T" posts (more or less as may be needed) .
19.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
20.-Moved by Supervisor Harris, seconded by Councilwoman Larsen, it was
RESOLVED that The Bridgehampton National Bank be designated as a depository
of the Town of Southold and that funds of this Town deposited in said Bank be
subject to withdrawal upon checks, notes, drafts, bills of exchange, acceptances,
undertakings or other orders for the payment of money when signed on behalf
of this Town by any one (1) of its following officers, to wit: Scott L. Harris,
Supervisor, George L. Penny IV, Deputy Supervisor.
20.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, .
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
21 .-Moved by Supervisor Harris, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby designates that
$1,000,000.00 securities are hereby required by The Bridgehampton National Bank,
a designated depository of the Town; and be it further
RESOLVED that authorization for increase and decrease of securities shall be
subject to the approval of the Supervisor.
21 .-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice 'Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
22.-Moved by .Councilman Penny, seconded by Councilman Wickham, it was
RESOLVED that a facsimile signature be and hereby is authorized to pay all
checks, drafts and other instrument for payment of money drawn upon the accounts
of the Town of Southold by Supervisor Scott L. Harris, in amounts not to exceed
$2,500.00, on The Bridgehampton National Bank.
22.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
23.-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 Peddling and Soliciting";
now, therefore, be it
RESOLVED that the Town Board hereby sets 8:02 P.M. , Tuesday, June 5, 1990,
Southold Town Hall, Main Road, Southold, New York, as time and place for a public
hearing on said proposed Local Law which reads as follows, to wit:
A Local Law in Relation to Peddling and Solicting
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 69 (Peddling and Soliciting) of the Code of the Town of Southold
is hereby amended to read as follows:
1 . Section 69-100 is hereby amended by adding additional Legislative
Intent as follows:
A. The Town Board of the Town of Southold has determined that
there has been a substantial increase in the number of stationary
roadside pecUlers selling their wares from vehicles, trailers, and
makeshift stands on vacant, unimproved land adjacent to major
highways.
B. It has further been determined that this increase of stationary
roadside peddlers is contrary to the public policy of .the Town
of Southold and is detrimental to the health, safety and
general welfare of the citizens of the Town and to the safe
flow of vehicular traffic on the highways within the Town.
C. It is therefore necessary and proper pursuant to the powers
granted unto the Town by virtue of Town Law Section 136 to
regulate the practice of peddling.
D. Except as otherwise provided herein, it is the intent of this
ordinance to regulate mobile and stationary peddling while at
the same time phasing out the practice of stationary peddling.
, MAY 22, 1990
A 3 `3
E. This ordinance is enactecl..pursuant to Town Law Section 136
and is not intenclec!'`'fo`''`be`an' exercise of the Town's zoning
poser, and therefore,. no vested rights accrue with regard
to the land indicated on any license.
2. Section 69-101 (Definitions) is hereby amended by adding the
following additional definitions:
MOBILE PEDDLERS LICENSE - The license issued .to a peddler who
goes by vehicle from place to place or street to street selling or
offering his goods or merchandise for sale.
STATIONARY PEDDLERS LICENSE - The license issued to a
peddler who, without going from place. to place or street to
street sells or offers his goods or merchandise for sale from
a vehicle.
3. Section 69-103 is hereby amended by adding the following additional
Application Requirements:
M. If the application is for a license to handle food in, any
form, the applicant shall submit proof that he or she has
complied with the provisions of the applicable Suffolk
County Public Health Ordinances.
N. In the event that any other licenses or permits shall be
required by any other governmental agency in connection
with the applicant's business, same shall be produced by
the applicant, and the Town Clerk shall duly note the
same.
O. Applicant shall provide proof of insurance for a minimum sum
of $100,000.00 for personal i.njury and property damage
suffered by any persons as a result of the peddler's use of
property or other actions.
P. Applicant shall provide proof of New York State Motor Vehicle
Registration and insurance for the vehicle to be used. .
Q. Applicant shall provide proof of New York Sales Tax Identifica-
tion number (if applicable) . !,
4. Section 69-111-C. (3) is hereby amended to read as follows:
C. The peddling of food and similar produce by farmers and
persons producing such commodities.
5. Section 69-113 (Penalties for offenses) is hereby amended to read
as follows:
Any person committing an offense against any provision of this Article
shall, upon conviction thereof, be guilty of a violation punishable by a fine of
not less than $250.00 nor more than $5,000.00 or by imprisonment for a term
of 15 days, or by both such fine and imprisonment. The continuation of an
offense against the provisions of this Article shall constitute, for each day
the offense is continued a separate and distinct offense hereunder.
6. Section 69-114 (Prohibited Activities) is hereby added to read
as follows:
Peddling in street and adjoining property; permitted and prohibited locations.
A. No person possessing a mobile peddlers license shall permit
his vehicle to remain stationary for the purpose of peddling
except while sales are actually being conducted and customers
are waiting for the delivery of goods which they purchased.
B. Those persons possessing a stationary peddlers license will
be permitted to sell their goods or merchandise only at the
site indicated on the license.
C. In the interest of public safety and due to traffic hazards
-caused by stopping of motor vehicles therefore, no peddler
shall conduct business or suffer or permit his vehicle to remain
stationary for the purpose of peddling along the following
highways or any portion of a lot which is adjacent to:
(1) New York State Route 25
(2) County Road 48 (North Road)
(3) New York State Route 25A and Sound Avenue
(4) Love Lane, Mattituck, and any intersecting street
within 500 feet of number (1) , (2) and (3) above
7. Section 69-115 (Peddling on State Highways) is hereby added to
read as follows:
No peddler shall occupy any part of the State Highway for the purpose
of peddling. For so long as the same is governed and regulated by State Law,-
violation herein should be punishable in accordance with the State Law. (Vehicle
and Traffic Law §§1157(c) and 1800) .
8. Section 69-116 (Size, Placement and Removal of Motor Vehicles used
by Peddlers) is hereby added to read as follows:
A. No vehicle which exceeds 25 feet in length in whole or in part
shall be used by any peddler.
B. The vehicles used by licensed stationary peddlers shall be
placed only on. the hard surface parking area of the premises
in which they wish to locate and not the driveway, aisles
or walkways.
434 MAY 22, 1990
C. Between the hours of 9:00 P.M. and 7:00 A.M. all vehicles used
by any licensed stationary peddler shall be removed from the site
indicated on the license and any remaining portion of the
property upon which that site is located.
9. Section 69-117 (Use of Signs and Displays) is- hereby added to read
as follows:
A. All signs used for any purpose by peddlers including those
signs which are painted on or attached to his or her vehicle
subject to the regulations of the sign ordinance of the Town of
Southold. Portable or free-standing signs are prohibited.
B. No peddler shall display merchandise if it is for sale other
than on his person or in the vehicle used by him or her.
Display of merchandise on the ground or on moveable
structures outside the peddlers vehicle is not permitted.
C. Only umbrellas which are mounted to the vehicle are
permitted.
II. This Local Law shall take effect upon its filing with the Secretary of State.
23.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly. ADOPTED.
24.-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 an acceptance of the proposal of
A.R. Lombardi Associates, Inc. for. On-going Operation and Maintenance
Engineering Services for 1990 and 1991 for the Fishers Island Wastewater
Disposal System, at a lump .sum cost of $1,950.00 annually - total fee not to
exceed $3,900.00 for 1990 and 1991 for the annual review of power consumption
based upon the Fishers Island Utility District's records and determination of the
performance of the pump station; perform annual tests of the pumps to determine,
performance; perform an annual inspection of the community leaching system
valves, chambers, distribution and leaching field; prepare a letter report annual
summarizing their findings for the aforesaid items; and be it further
RESOLVED that .for additional services that may be required billing will be on
a time and materials basis in accordance with the standar rates of A.R. Lombardi
Associates, Inc. as set forth in their proposal.
24.7Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED'.
25.-Moved by- Councilwoman Larsen, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Caroline
Fetzko as an EISEP Aide, effective May 17, 1990, 20 hours per week, $5.50 per
hour, AND as a Brief Respite Aide, effective May 21, 1990, 20 hours per week,
$4.50 per hour.
25.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
26.-Moved by Councilman Penny, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the town of Southold hereby appoints Mary
Coyne as an EISEP Aide, effective May 17, 1990, 20 hours per week, $5.50 per
hour, AND as a Brief Respite Aide, effective May 21, 1990, 20 hours per week,
$4.50 per hour.
26.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
27.-Moved by Justice Edwards, seconded, by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Laura
Carlisle as Beach Manager for the 1990 summer season, effective June 25, 1990,
to work Monday through Friday, 11 :00 A.M. to 5:00 P.M. , at a salary of $10.00
per hour, plus mileage at 20� per mile.
27.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
28.-Moved by Supervisor Harris, seconded by Councilwoman Larsen, it was
RESOLVED that the. Town Board of the Town of Southold hereby appoints Arthur
Quintana as Beach Manager for the 1990 summer season, effective June 30, 1990,
to work Saturday and Sunday, 11 :00 A.M. to 5:00 P.M., at a salary of $10.00
per hour, plus mileage at 20G per mile.
28.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
29.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
$159,621 .00 Performance Bond submitted by Sebastian J. Navarra, Luis San
MAY 22, 1990 435
Andres, and David J. Saland for, roads and, improvement in the major subdivi ;on
of Wolf Pit Associates, Mattituck', 'all�'iri accordance with the Town Board's
resolution of November 28, 1989 approving the amount of the bond as recom-
mended by the Southold Town Planning Board and Sidney B. Bown & Son,
Consulting Engineers.
29.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
30.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Board of Commissioners of the Fishers Island Ferry District to employ David S.
Bennett and Shane J . Clarke as part-time Deckhands, effective immediately, at
a salary of $5.50 per hour.
30.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
31 .-Moved by Supervisor Harris, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby ,authorizes the
Board of Commissioners of the Fishers Island Ferry District to grant salary
increases, effective June 14, 1990, to the following personnel at the rates shown
below:
Alligood, Thomas - Purser $ 9.67
Barnard, Walter - Ferry Captain 11 .90
Barrett, Frederick C. - Deckhand 7.63
Davis, Robert P.- Deckhand 7.07
Driscoll, Justin M. - Deckhand 6.21
Ewing, Christopher - Deckhand 6.94
Gelman, Michael - Deckhand 6.01
Goulis, Alexander - Deckhand 9.67
Haugland, Harold - Purser 9.67
Henderson III, William - Purser 9.67
Henderson IV, William - Deckhand 6.01
Henderson, Daniel - Deckhand 6.01
Henson, Eugene - Marine Operator 11 .90
Hobart, Peter M. - Deckhand 6.21
Kingsbury, Brian - Ferry Captain 11 .90
Kopij, Henry - Deckhand 9.67
Londregan, Jeffrey - Deckhand 6.21
Mahar, Richard - Purser 9.67
Moroney, Kevin - Deckhand 7.63
Niedojadlo, Richard - Deckhand 5.62
Orr-Novak, Victoria - Freight Agent 6.69
Piacenza, John - Purser 9.67
Rice, Aaron - Deckhand 8.34
Stankiewicz, Donald - Purser 9.67
Stepanek, Charles - Reservation Clerk 8.03
Stepanek, Evelyn - Reservation Clerk 8.03
Toivonen, William - Deckhand 7.63
31 .-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
32.-Moved by Councilman Penny, seconded by Councilwoman Larsen, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation Law,
State Environmental Quality Review Act, and 6NYCRR Part 617.10, and Chapter
44 of the Code of the Town of Southold, notice is hereby given that the Southold
Town Board, in conducting an uncoordinated review of this unlisted action, has
determined that there will be no significant effect on the environment.
DESCRIPTION OF ACTION : Proposed "Local Law in Relation to Zoning Definitions".
The project has been determined not to have a significant effect on the environment
because an Environmental Assessment Form has been submitted and reviewed and
the Town Board has concluded that no significant adverse effect to the environment
is likely to occur should the project be implemented as planned.
COUNCILMAN PENNY: The nature of this is to add a definition of apartment,
apartment house, living area, habitable floor area and dwelling unit to definition
section of the Town Code.
32.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
33.-Moved by Councilman Penny, seconded by Councilwoman Larsen,
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 Definitions",
now, therefore, be it
RESOLVED that the Town Clerk be and she hereby is authorized and directed
436 MAY 22, 1990
to transmit this proposed Local Law to the Southold Town Planning Board and
the Suffolk County Department of Planning 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 Definitions.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the .Town of Southold is hereby amended
to read as follows:
1 . Section 100-13 (Definitions) is hereby amended by adding the following
definitions:
APARTMENT - an, entirely self-contained dwelling unit consisting of
a minimum of 450 square feet of living area containing complete house-
keeping facilities for only one (1) family, including any domestic .
servants employed on the premises and having no enclosed space
(other than vestibules, .entrance hallways or porches) or cooking or
sanitary facilities in common with any other "dwelling unit" and/or
apartment.
APARTMENT HOUSE = A building arranged, intended or designed
to be occupied by two (2) or more families living independently of
each other in apartments.
LIVING AREA - See "Floor Area, Livable".
HABITABLE FLOOR AREA - See "Floor Area, Livable".
2. Section 100-13 (Definitions) is hereby amended by amending the
following definition:
DWELLING UNIT - a building or entirely self-contained portion
thereof consisting of a minimum living area of 850 square feet
containing complete housekeeping facilities for only one (1)
family, including any domestic servants employed on the premises,
and having no enclosed space (other than vestibules, entrance
or other hallways or porches) or cooking or sanitary facilities in
common with any "dwelling unit". A house trailer, a boarding -
or rooming house, convalescent home, fraternity or sorority
house, hotel, motel, inn, lodging or nursing or similar home or
other similar structure - shall not be deemed to constitute a
"dwelling unit".
II. This Local Law shall take effect upon its filing with the Secretary of State.
33.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: At this time, we will recess to get into a public hearing,
that we have scheduled at 8:00 o'clock. Due to an omission on the agenda, that
was prepared here, there was one public hearing tonight. That is in reference
to Robert B. and Katherine C. Hailikias to amend the Zoning Code, including a
Zoning Map of the Town of Southold and Suffolk County. We're changing an
"A-C" agricultural-conservation district to "B" general business district. I'll
make a motion to recess.
Moved by Supervisor Harris, seconded by Councilman Penny, it was
RESOLVED that a recess be called at this time, 8:00 P.M., for the purpose of
holding a public hearing.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Reconvened at 8:10 P.M.
34.-Moved by Councilman Penny, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Town
Board member and the Town Attorney to travel to Fishers Island on Saturday,
May 26, 1990, to attend the Fishers Island Civic Association meeting, and
necessary expenses for travel and meal shall be a legal charge against the Town
Board's 1990 Budget.
34.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
35.-Moved by Councilwoman Larsen, seconded by Supervisor .Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to Principal Account Clerk John Cushman to attend the Suffolk County Comptroller's
Association luncheon meeting to be held on Friday, June 1, 1990 at the Holiday
Inn, Plainview, and the use of a Town vehicle and necessary expenses for
luncheon shall be a legal charge against the-Accounting $ Finance Department's
1990 Budget.
35.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman. Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
MAY 22, 1990
437
36.-Moved by Justice Edwards., secbfided`r'b`y'`,S''upervisor 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 1990 Budget for
the transfer of monies from the .350th Committee's Donated Funds held in Agency
S Trust:
To:
Revenues:
A2705 Donations $ 12,047.55
Appropriations:
A7550.4 Celebrations, Contractual Exp. $ 12,047.55
36.-Vote of the Town Board: Ayes: Councilman.Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
37.-Moved by Supervisor Harris, seconded- by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby ..amends their
Resolution No. 31, adopted on May 8, 1990, engaging the services of Linda
Kowalski as an independent contractor to the Board of Appeals, by changing
the effective date from May 15, 1990 through July 15, 1990 to May 23, 1990
through July 23, 1990, and by changing her rate of compensation from $10.50
per hour for two (2) days per week (a total of 14 hours) to $75.00 per
calendar day worked, not to exceed a payment of $150.00 for two day in one
week.
37.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
38.-Moved by Justice Edwards, seconded by 'Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes an
advance fee payment in the amount of $368.00 (92 seniors at $4.00 each) for the
June 20, 1990 senior citizen trip to the South Street Seaport Museum, New York
City; check made payable to Seaport Tours," charge to be made to A7620.4, Adult
Recreation.
38.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
39:-Moved by Councilman Wickham, seconded by Councilwoman Larsen,
WHEREAS, there has been presented to the Town Board of the Town of Southold
an offer for sale to the Town of certain real property owned by Wendy G. Norris,
located on the south side of New Suffolk Avenue, on Marratooka Lake, Mattituck,
Suffolk County Tax Map: District 1000, Section 115, Block 003.00, Lots 022.000
and 023.000; and
WHEREAS, the Open Space Committee has recommended to the Town Board that
the Town purchase this property; and
WHEREAS; the Town has received an appraisal of $140,000.00 for this property;
now, therefore, be it
RESOLVED that the Town Board hereby sets 8:10 P.M. , Tuesday, June 5, 1990,
Southold Town Hall, Main Road, Southold, New York, as time and place for a
public hearing on the question of the acceptance of this offer.
39.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
40.-Moved by Councilwoman Larsen, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute an agreement between the County
of Suffolk and the Town of Southold for the 1990 STOP-DWI Program, for the
term of January 1, 1990 through December 31, 1990, at a total agreement cost
of $5,400.00, all in accordance with the agreement as approved by the Town
Attorney.
40.-Vote of the -Town Board: Ayes: Councilman Wickham, "Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
41 .-Moved by Councilman Penny, seconded by Councilwoman Larsen,
WHEREAS, Southold Villas, Inc. , by petition dated December 29, 1987, petitioned
the Town Board of the Town of Southold for a change of zone on certain property
located on the westerly side of NYS Route 25, Southold, from "A-C" Agricultural-
Conservation District to "AHD" Affordable Housing District; and
WHEREAS, the said petition was referred to the Southold Town Planning Board
and Suffolk County Department of Planning for their recommendation; and
WHEREAS, the Town Board, pursuant to due notice, held a public hearing thereon
on the 27th day of March, 1990, at 8:00 P.M. , at which time all interested persons
were given an opportunity to be heard; now, therefore, be it
RESOLVED that Southold Villas, Inc. be and they hereby are granted the relief
demanded in said petition, subject to the following terms and ,conditions, which
438 MAY 22, 1990
terms and condition shall be incorporated in covenants and restrictions by Southold
Villas, Inc. which covenants and restrictions shall run with the land in perpetuity:
1 . That a one hundred foot buffer zone shall be created on the east side
of the property consisting of vegetative screening as specified by
the Planning Board of the Town of Southold.
2. That in the event a purchaser of a vacant parcel of real property
chooses to resell same prior to any improvements being erected there-
upon then said sale shall be subject to the following erms and
conditions:
a. The sale price shall be determined in the following manner:
The purchase price paid by the purchaser increased by the
consumer price index from the date of purchase to the date
of sale.
b. Notwithstanding the foregoing, however, prior to being permitted
to sell said parcel the purchaser shall first offer same to the
Town of Southold at a price consistent with paragraph "a"
above. Said offering shall be in the form of a writing and shall
be deemed to not be exercised by the Town either upon their
refusal to purchase or alternatively the passage of 30 days
from the date of receipt of notification of intent to sell.
C. Any profit secured by the seller of a vacant parcel of real
property over that set forth above and received by said
property at time of sale shall be paid over to the Town of
Southold for affordable housing purposes.
3. Only qualified purchasers under the guideline promulgated by the Town
under its Affordable Housing Ordinances shall be qualified to purchase
said parcel except as set forth above.
4. In the event of a resale of any dwelling units within ten years of
purchase the maximum resale price shall be determined in the manner
specified in Section 100-56 of the Code of the Town of Southold.
However, the portion of the resale price in excess of the maximum
allowable resale price shall be divided between the resale seller and
the Town in the following proportions:
Year of Resale Percentage Percentage
After Purchase to Owner to Town
1st 0% 1000
2nd 10% 90%
3rd 20% 800
4th 30 0 70 0
5th 400 600
6th 50 0' 50 0
7th 600 400
8th 70% 300
9th 80a 20%
loth 900 10a
The property of Southold Villas, Inc., subject of this change of zone from "A-C"
to "AHD" consists of all that certain tract or parcel of land .sivate in the village
and Town of Southold, County of Suffolk and State of New York, bounded and
described as follows: BEGINNING at a granite monument on the westerly line of
Main Street and the southeasterly corner of land of Francis M. Gagen; running
thence slong said westerly line of Main Street, South 131 00' West 100.0 feet to
a concrete monument and land of Marguerite H. Young; thence along said land
of Marguerite H. Young, two, course, as follows: (1) North 77' 00' West 120.00
feet to a concrete monument; thence; (2) South. 210 56' West 126.42 feet to a
concrete monument and land of Baker; thence along said land of Baker and land
of George H. Smith estate, North 810 12' 20" West 540.46 feet to a granite monu-
ment and land of Frank Bly Estate; thence along said land of Frank Bly Estates,
two courses, as follows: (1) North 120 50' 10" ,East 28.0 feet to a granite monument;
thence (2) North 760 43' 10" West 895.92 feet to a stone and post and land of
Diller Brother; thence along said land of Diller Brother, North 310 1' 60" East
709.83 feet to a granite monument and land of Arthur B. Gordon; thence along
said land of- Arthur B. Gordon, South 42' 49' 50" East 384.77 feet to a concrete
monument; thence southeasterly and then easterly along other land of Jonathan
H. Terry 774.6 feet more or less, to the southwesterly corner of land now or
formerly of Helen Virginia Cleveland; thence along said land now or formerly of
Helen Virginia Cleveland, South 65° 51' 20" East, 127.2 feet to a concrete monu-
ment on the southwesterly corner of said land of Francis M. Gagen; thence along
said land of Francis M. Gagen, South 600 56' East 182.68 feet to the point or
place of beginning. Also, all that tract or parcel of land situate in the village
and Town of Southold, County of Suffolk and State of New York, bounded and
described as follows: BEGINNING at the southwesterly corner of land now or
formerly of Helen Virginia Cleveland and running thence westerly and then north-
westerly along other land of Jonathan H. Terry above described 774.5 feet, more
or less, to a concrete monument and land of Arthur B. Gordon; thence along said
land of Arthur B. Gordon, three courses, as follows: (1) North 30° 37' East -
150.07 feet. to a concrete monument; thence (2) South 720 46' 10" East 474.11 feet
to a concrete monument; thence (3) South 730 12' East 238.03 feet to a concrete
MAY 22, 1990
- 439
monument and land of Rose M. Smith;,.1hence along said land of Rose M. Smith
and said land now or formerly of HdIenrr-Vi'r"g'inia Cleveland, South 170 20' 40" West
260.2 feet to the point of beginning.
41 .-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
42.-Moved by Councilwoman Larsen, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to Conservation Advisory Council member Bruce Loucka to attend the Save the
Bays Workshop, at the Suffolk Community College Riverhead Campus, on June
1, 1990, and the $15.00 registation fee shall be a legal charge against the Conser-
vation Advisory Council's 1990 Budget.
42.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
U.-Moved by Councilwoman Larsen, seconded by Councilman Penny, it was
RESOLVED that the application of Bruce M. Vitale for permission to locate a single
family watchman house trailer on his property at 7280 Sound Avenue, Mattituck,
be and hereby is granted for a six (6) month period; and be it further
RESOLVED that the permit for this trailer may not be renewed beyond a two (2)
year period.
43.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
44.-Moved by Supervisor Harris, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold ehreby rejects all bids
received on May 17, 1990 for an uninterruptable power supply for the Town Hall
computer system.
44.-Vote of the Town Board: Ayes: Councilman`,Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
45.-Moved by Supervisor Harris, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to readvertise for bids for the purchase and installation
of a 5kVA power supply to provide continuous no-break power during a power
outage or momentary interruption to the computer equipment at the Southold Town
Hall.
45.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris:
This resolution was declared duly ADOPTED.
46.-Moved by Justice Edwards, seconded by Councilman Wickham,
WHEREAS, Fishers Island is part of the Town of Southold; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby confirms the
policy that, if and when the Fishers Island Garbage and Refuse District is
dissolved, future waste management operations on Fishers Island will be the
responsibility of Southold Town consistent with its responsibility throughout the
Town.
46.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly, ADOPTED.
47.-Moved by Councilwoman Larsen, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following 1990 Budget modification to the General Fund - Part Time:
- To: B8010.4 Zoning, Contractual Expenses $ 3,000.00
From: B9010.8 New York State Retirement $ 3,000.00
47.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
48.-Moved by Councilman Wickham, seconded by Councilwoman Larsen,
WHEREAS,- the Town Board has spent extensive time dealing with fielding many
inquiries in regard to its Affordable Housing Ordinances; and
WHEREAS, the Town Board has determined that there are several areas of that
legislation which are in need of further dicussion and possible modification; now,
therefore, be it
RESOLVED that the Town shall, pending further applications for a change of zone
to an "AHD" Affordable Housing District, immediately re-examine the existing
legislation with a view towards making same consistent with the long term goals
of the .Town.
48.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution -was declared duly ADOPTED.
440 MAY 22, 1990
49.-Moved by Councilwoman Larsen, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
closure and use of the following Town roads by the Mattituck Fire Department
on Monday, May 28, 1990, between 8:30 A.M. and 8:45 A.M. for their annual
Memorial Day Parade, 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: Pike Street, Westphalia Road, Sound Avenue (from Route
25 to Westpahalia Road) , and Love Lane.
49-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: This ends our portion of the meeting, tonight, dealing with
resolutions. We dealt with approximately 49 resolutions tonight, and at this time
our regularly scheduled portion now turns to the audience, for those members
who would like to address the Board on any subject. At this time, is .there anyone
who would like to speak?. (No response.) Hearing none, I would like to close
this meeting in remembrance of Memorial Day, for those Armed Services personnel,
that gave so freely of theirselves and time in the name of freedom. I'd to close
the meeting with that.
Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 8:25 P.M.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly. ADOPTED.
�dith T. Yerry
Southold Town Clerk