HomeMy WebLinkAboutTB-05/19/1987 106
SOUTHOLD TOWN BOARD
MAY 19, 1987
WORK SESSION
Present: Supervisor Francis 'J. Murphy, Councilman Paul .Stoutenbur-gh, Councilman
James A. Schondebare, Councilwoman Jean W. Cochran, Councilman George L. Penny,
IV, Town Clerk:Judith T. Terry, Special Counsel Francis J. Yakaboski. ' Absent:
Justice Raymond W. Edwards (out of town) .
9:00. A.M. -.' Executiyie'Administrator Victor G. Lessard met with the Board concern-
ing violations with respect to (1') the Carey. tanks, Mattituck, (2): Ciacia'unsafe bui'Idin'
Greenport, '(3) . Glover fi,rre code Viol'ation;: Cutchogue, (4) bed 8 breakfast - certificate gf
of compliance'.
9:35. A.M. - Planner Valerie Scopaz met with. the Board. to request the appointment of
a summer employee to aid in reorganizing the Planning Board office. Board .agreed to
hi re someone.
9:45 A.M. - John Harrison, recently elected Chairperson of the Bicentennial' of the
Constitution Committee met with the Board to discuss their upcoming plans for the
September celebration:- parade, play, van with history display availabe to the towns
by the County of Suffolk. He requested approximately $1,000 in' funds for stationery
and postage. Board agreed.
9:55 A.M. - The Board discussed with Special' Counsel Yakaboski : ' proposed multiple
dwelling to be constructed by AHRC on Horton Lane, the plans and specifications for
which will be filed with the Building Department by the end of the month. Mr.
Yakaboski will' research and draw covenants and restrictions with respect to the use
of the property. Mr. Yakaboski also reviewed the request of Ferran Concrete for
their final payment with respect to the Scavenger Waste Plant. . He said the moneys
have been retained due to failure to comply with MBE and .WBE regulations, which
thev were unable to meet. He recommended the Town make the final payment.
10: 15 A.M. - Members of the Economic 'Advisory Committee: Chairman William:Behr,
Michael Zweig, William Gardner and Warren Cannon, met with the Board to review
their final report..which concluded that the Town must find ways to support and
develop agriculture and the economic"base that is here .or the Town. will' become a
bedroom community, although they do not see an opportunity for a growing number
of jobs here at the present time.
11 :05 A.M. - Valerie'Cardona, Nancy Bertorello, Linda Burke and Jana Prindle
of Friends Unlimited nlet(with. the. Board to outline their program, which is to
prevent the isolation of handicapped youngsters, who are growing apart from the.
community. The requested the Board to' help them develop programs whereby youth
can socialize.with the handicapped.on a paired basis:. They see the Senior/Youth
Center as a centrally located facility for -the program.-- Councilwoman Cochran advised
the group that they are presently in' the process of forming. a Youth Advisory Board
to the Recreation Director,, and she would ..like one of :their 'group to be on the Advi I
Board. They agreed. It 'was suggested that there be a car in' the Memorial Day . Pai e
fora the youngsters who were winners in' the Special O-lympics, a most important facto,
in'social development. Supervisor Murphy advised he would arrange for the car.--
Mrs. Cardona presented a proposal to the Board to put older retarded 'people into the
job market. They would like to apply to the Office of Vocational Rehabilitation, State
Educa.tkon__Department for a grant which is 'aimed at supported employment projects for
the disabled. She would like to see a job coach hired who would go to the individual
y businesses and match partially disabled individuals with a job. She will make a formal
presentation on this 'subject at a later date.
11 :35 A.M. - Triangle Consulting Corp. , specializing in data processing systems and
programming, met with the Board to make their'presentation for computerization of the
Town Hall. They will' meet with the.dpeartments to study their. needs 'and submit 'a
proposal to the Board.
MAY 19, 1987
EXECUT IVE SESSION
12:05 P.M. - The Board met with Executive Administrator Lessard to discuss pending
and possible litigation, and personnel.
12:30 P.M. Recess for lunch.
EXECUTIVE SESSION
2:05' P.M. - The Board met with Special.Counsel Yakaboski (Councilwoman Cochran
absented herself) to discuss a pending civil rights case. by Police Officer Crimi, as
well as other pending litigation.
2:45 P.M. - Dr. Eliot Epstein; E & A Environmental Consultants, Inc. , Stoughton,
Massachusetts, made a slide and. verbal presentatiion to the Board-concerning solid'waste
composting plants and projects throughout the world.:.
4:00 P.M. - Cooper Management Consultants met with the Board- to make a presentation
for computerizing the Town Hall. They will.: meet with the departments to study their
needs and submit 'a proposal to the Board.
4:20 P.M. - For Discussion: (1) Proposed amendment of agreement with John Clavin;*
part-time Bay Constable for Fishers Island' (see resolution no. 32) . - (2) Trailer
permit 'application of Valentine 8 Erika Pust, Peconic; for a trailer during June and
July while: thei r�home is 'being constructed (see resolution no. 33) . (3) Proposal of
-BP Wreckers to haul scrap metal from the landfill'. This 'will' be discussed with Hig,hw.ay
Superi(ntendeht Jacobs at the upcoming Landfill' Committee meeting. (4) Letter from
Gordon P. Brunow. offering his 'services as a Town Special Counsel. (His 'services
are not need .at the' present time.).- : (5) Letter from Attorney Paul A. Caminiti' offering
the Church of the Open Door building on Beckwith Avenue. and Traveler Street to the
Town for $235,"000:' (Town could not utiliie the building as parking area is 'not avail-'
able.) (6) Letter from John P. Krupski requesting the Town to sell: their'recently
acquired property, donated by Henry Wickham. (The Board has no desire to sell the
property.) (7) Proposed :1987 :agreement for Special Bay Constable, Steve Malinowski,
Fishers Island (see resolution no. 34) . (8) Resumes have been received from applicants
for the Conservation Advisory. Council..' Interviews will' be scheduled for the two applicar,
who are not now Council 'members. :.(9) Letter from the Association for the Help. of
Retarded Children transmitting 'current. ..Declaration of Covenants. and Restrictions for
the. AHRC residential programs in' Islip' and Brookhaven. Special Counsel Yakaboski wily
review'. ( 10) Receipt of proposals for, engineering services from five engineering firms.
Superintendent of Highways and Road Inspector Jack Davis will' review. (11) Letter
from Special,Counsel Yakaboski concerning Ferran Concrete with was' discussed with
him' during the morning work session. (12) Letter from Glenn Moller, Director of the
North Fork Early. Learning Center requesting the Board to waive Board of Appeals and
Planning Board fees. ' Board denied request. as .they>-have done'in' the past under similar
circumstances. (13) Proposed leave time taken and overtime worked sheet being pre-
pared by the Accounting Department was approved for submission as a monthly report.
Off Agenda Items included : removal of prices on the paintings displayed in' the meeting
hall; removal of the affordable housing display by Geoff Proud, which included the
Herbert Mandel logo: ;"Thriving Village" and the Citizen Action for Affordable Housing
telephone number. The majority of the Board agreed to the removal ofr"the display
which could be interpreted as advertising.
5:20 P.M. - Board reviewed resolutions for regular meeting.
5:35 P.M-. - Board audited outstanding vouchers.
5:55 P.M. - Work Session adjourned.
NiAY. 19, 1987 REGULAR MEETING
7:30 P.M.
A Regular Meeting of the Southold Town Board was held on Tuesday,. May
19, 1987 at the Southold Town Hall, Maine Road, Southold, New York. Supervisor
Murphy opened ..the_meeting at 1:30 P.M. with the Pledge of Allegiance to the Flag. .
Present: -Supervisor Francis 'J. Murphy _
Councilman Paul Stoutenburgh
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
Councilman, George L. Penny. IV
Town Clerk Judith T. Terry
Absent: Justice Raymond W. Edwards (out of town)
SUPERVISOR MURPHY: Good evening. I would officially like to call this regular
Town Board meeting to order. The first order of business tonight is `a resolution
approving the audit 'of the bills of May 19th.
Moved by Councilwoman Cochran, seconded by Councilman. Penny, it`was
RESOLVED. that the following audited bills be and hereby are approved for payment:
General 'Fund Whole Town bills in' the amount of $37,'950.58; General Fund Part
Town bills in'the amount of $19,424. 95; Highway Department bills in' the amount
of $5,347.78; Fishers Island. Ferry District bills in* the-amount of $5,301:24; Adult
Day Care bills -in'the amount of- $1,445. 83;. Nutrition Program bills i n' the amount
of $14,710. 35; Fishers-.Island Sewer District bills in' the amount of $304. 42; Brief
Respite bills in:the amount of $572'.'00; Waterfront Revitalization Program bills in'
the amount of $1,442'.'00; Southold. Scavanger Wastewater^ .District bills in' the amount
of. $1',138'.'99;, Home Aide. bills in' the amount of $1,772. 37.'
Vote of the Town. Board Ayes Counci Iman Penny, Counci lwoman Cochran, Counci I-'
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This 'resolution was declared duly -ADOPTED.
SUPERVISOR MURPHY: . Next.is 'a resolution approving the minutes -of the regular
Town Board meeting of May 1st, 1987.
Moved by Councilman Stoutenburgh, seconded by Councilman Penny,, it was
RESOLVED that the minutes of-the regular Southold Town Board meeting held on
May 1, 1987, be and hereby are approved.
Vote of the Town Board : Ayes: Councilman Penny, Councilwoman- Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This ' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Next is 'a resolution setting the next meeting date -for
June 2nd, 1987, 7: 30 P.M., Southold Town Hall. 1 offer that resolution.
Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that the next regular meeting -of the Southold Town Board will' be held
at 7:30 P.M. , Tuesday, June 2, '1987, at the Southold Town Hall, Main Road, Southold,
New York.
Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran; Counci
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This ' resolution was declared duly ADOPTED. .
SUPERVISOR MURPHY: We have a Special Proclamation tonight designating the
week of May 17th through the 23rd as. National Tourism Week, and`l'd' like to ask
Councilwoman Jean Cochran to read it.'
COUNCILWOMAN COCHRAN: Mr. Wilton (Richard Wilton came. forward.)
Moved by Councilwoman Cochran, seconded by. the Entire Town Board,
WHEREAS, the week of May 17 through 23, '1987 is NATIONAL TOURISM WEEK; and
WHEREAS, the Town Board of the Town o . ,Southo d recognizes the important contributior
of tourism to the economy of the Town of .Southold; and
WHEREAS, the Town Board of the Town of Southold.. recognizes the positive hard
work and efforts of the combined Chambers of Commerce in' promoting tourism; and
WHEREAS,. National Tourism Week has become one of our. nations most popular ..__
commemorative weeks since it was -first celebrated in' 1984'; and
WHEREAS, over 230 members of Congress co-sponsored the National.Tourism Week
resolution as a great testimony to the important role that tourism plays as one of
our country's leading employers and economic'generators; now:,- therefore, be it
MAY 19, 1987 109
RESOLVED that the Town Board. of the :Town of Southold hereby proclaims the
week of May 17 through 23, '1987 as. NATIONAL TOURISM WEEK in the Town of
Southold.
Vote of the Town Board: Ayes : -Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This ' resolution was declared duly ADOPTED.
COUNCILWOMAN COCHRAN: Congratulations, Richard.
RICHARD WILTON : I'd like to thank the Town Board on behalf of the Southold
Town Pomotion Committee and the Chambers of Commerce, for your recognition
of National Tourism Week and Town Tourism Week, and for your cooperation with
the tourism industry.
COUNCILMAN SCHONDEBARE: And we hope you have a good season coming up.
SUPERVISOR MURPHY: Thank you. Have a good season.
1 . ' REPORTS.
SUPERVISOR MURPHY: Moving on to the. first item on the agenda is .Reports.
These are all on file in' the Town Clerk's Office.
1. Building Inspector's monthly report for April 1987.
2. Town Clerk's monthly report for April 1987.
3. (a)Annual Financial Report for fiscal year ended December 31, 1986 -for the
Town of Southold to the New York State -Comptroller.
3. (b)Federal General Revenue Sharing Funds Report for fiscal year July 1,
.198'6..to June 30, 1987.
4. East End, Counseling Project's report for April ''1987.
5. Recreation Department's report for April 1987.
6. Town Justice Tedeschi = monthly.report for April `1987.
7. Fishers Island Ferry District - Annual Report for '1986.
8. Town Trustees monthly report April '1987.
9. Scavenger Waste Treatment Plant - monthly report for April 1987.
10. Szepatowski Associates monthly report for April '1987.
11. Southo;ld Town Dog Pound monthly report -- April '1987.
12. Board of Appeals - monthly report for April 1987.
13. Dimension Cable Services - monthly report .for April `1987..
14. Police Department - monthly report for. April "1987.
15. Supervisor's monthly budget report - April 1987'.
16. Town Justice Price - monthly report for April 1987.
17." Councilmen's reports. I would like, at this time, to.ask the Councilmen
if they have anything special to report, starting on my left with Jean.
COUNCILWOMAN COCHRAN: ' Yes, the beginning of May I did'zpend three days
in' Boston attending a conference with Councilman Stou.tenburgh and Supervisor
Murphy, _in' relation to landfil s and composting. I felt I learned..a great deal.
I felt it 'was worthw ile to attend. I brought back a folder of many piece of informa
tiori which I will' give' to you Judy, and it will' be in Judy's office for anyone that
would like to peruse it.' Also, 1 have over 30 'pages of minutes which I am transcribing
so that I can share with the other Councilmen. In' addition, I had a Housing Advisory
meeting. . Mr. Mandel requested to come in' and present a new concept in affordable
housing, and it 'was presented to. the committee and we discuss it 'and no further
action has been taken. Last night I attended a meeting on the 350th Celebration,
which wi II' be coming up i n"the: Town.of Southold in 1990. The committee met.
They discussed the direction they would_:like to go in'. At their next. meeting--
they.'H .be holding another meeting the second week in' June, at which-time- they
will' elect their'officers. I think that's 'it; Frank.
SUPERVISOR MURPHY: Thank you, Jean. Paul?
COUNCILMAN STOUTE.N,BURGH: Yes, I attended the Biocycle Conference in' Boston
also on those three days, 4th' 5th and 6th, and got home just in time to step into
a Code meeting, which Jay wily report on, and also a Village Green meeting. Our
Village Green is 'coming along very well. If some of the people in' the audience
aren't aware of it; we have a parcel of land. given to the Town right opposite the
bank, right..here in'Southold, which wily be our Town Green, and there's a lot
of work getting people together and support for it; and it's coming along very
well. The conference I found to be most enlightening. It gave us a first hand
approach to composting, which is 'one of the ways we're thinking about going in`
to take care of the materials from our landfill; and 1 was particularly gratified
by the last day of the conference when we went on field trips, and we'traveled
to Durham,. New Hampshore and Ipswich, Massachusetts, and -was quite remarkable
to see that in' some of these areas what they're doing with composting materials
and getting a product that they can actually sell and use as a product on the land.
110
MAY 19, 1987
It works, the idea of composting is 'absolutely, positivelyan idea and a concept that
is working--has worked through centuries, and all it needs is 'a refining and the
correct engineering to make it work, and it 'has. worked in'many places. We had
a presentation this afternoon, which encouraged us a little further that these ideas
are working very well. That's about it; Frank.
SUPERVISOR MURPHY: Thank you, Paul. Jay?
COUNCILMAN SCHONDEBARE: Yes, thank you. 1 attended a Highway meeting11.
together with the other board members. And the Code Committee likewise met.
There's a number of resolutions on tonight that are a result of meeting of the Code
Committee. We delt with the Architectural.Review Committee. We delt with the
Landmark -Preservation Committee, and trying to set up those local ordinancees for
the public's information and comments on them. The Code Committee meets the'first
Wednesday of each month, and anyone is 'welcome to attend those meetings. Thank
you, Frank.
SUPERVISOR MURPHY: George?
COUNCILMAN PENNY: Yes, I attended a Code Committee meeting on the 6th, of
which Councilman Schondebare is :the chairman, and has already reported. On
the 7th Ray Jacobs, the Superintendent of Highways and myself went- to Stony
Brook. We met Jay. Tanski from Sea Grant-there. We further met with Dennis '
Cole regarding a Town permit 'to. remove dredging spoilage from Goldsmith's Inlet
and use it 'as beach replenishment at Kenney's Beach. I'm very happy to report
that within' a week after we had this 'meeting with the DEC and explained to them
the. very simple .thing that we were asking, we now have the authority to go ahead
and do this.' It's become a permanent part .of our dredging permit. On the 17th
we had a meeting ,with the ,Department, of State on our, Local Waterfront Revitalization
Plan. Randy'. Lanza and Charles- McCaffery from the State of New York were down
and they explained--and also, I'm sorry, also John Kroiti 'from- Senator Ken LaValle's
office. And they filled us in'on where the--or how to handle the Local Waterfront
Revitalization Plan once we have it *in' place, and they also wanted to review with
our new Town Planner the 44 polici'es which this addresses. We also discussed
our temporary status of the local. citizens committee which :we're .about to appoint.
On the 8th I was down at the Scavenger Waste. Plant. . I met with George Desmarias
and John Ferran, the contractor there. George Desmarais'is 'our engineer from
H2M. He's our consultant. The concrete ramp, I'm happy to say, has been finished_
It"s i5oured. It's .done now.. The fence is about to be. fixed. We had a minor
problem down there last` week with .a. gas pilot that didn't fire and caused a bit
of confusion down there, and the word was out that there was some concern for
the safety of the .employees there, but I just want to tell everybody here publicly,
as I told the papers, that there is 'no imminent danger to anybody down there.
The engineer was on the site at the time and he reassured me, and the Village
of Greenport-, that there is 'no problem. It's strictly mechanical. We've had a
bit 'of a problem with a.-grit 'screw which hasn't been working, and also a compressor,
and we're in the midst of contacting the manufacturers of these particular components
to get them .fixed. . On the 1-1th I was in' further contact with the Scavenger Waste
Plant and it was found out that one of the Village employees got actually--got his'
hands dirty--and I mean really dirty, if 'you saw what he had to get into, and
got the grit screw working .to some extent, so we came a long way in' three days,
but it just goes to show you that when you want to roll up your sleeves and get
up to your elbows in' some goo, that things work .out very well. On the 14th the
Commerce and Industry Committee met. We're discussing-different phases--or stages
of the Master Plan--some of the zones, the differences between what is 'proposed
and what we have now. On the 18th we had a meeting of the Police Committee,
where we interviewed for Sergeants, and on the '19th, last night, I was a--I attended
a meeting of the Mattituck Park District, which I'm sure we're going to hear more
about this evening. Thank you.
SUPERVISOR MURPHY: Thank you, George. I would just like to add -t-he confe'renc
was excellent, .and I think an awful lot of good information came from it. One
of the most important items that I think is 'that composting does work, and it is
a way to get rid of a percentage of our waste stream. There is 'no one answer,'
but this 'is 'a good way for a large percentage. Just to give you an idea of cost,
it was in' the paper, but to most people wouldn't pick it 'up. The Town of Oyster
Bay had to renegotiate a garbage hauling contract because the contractor could
not dump in' Pennsylvania 'any more, similar to the famous barge in' New York now,
and they had to renegotiate his 'contract to allow him' to either go to Buffalo or
to Ohio: The cost of the renegotiated contract is 'adding 150 dollars per house
to the town garbage bill in!Oyster Bay. I f we used 10,000 homes in' Southold Town,
that's a million and a half dollars. Our present budget. for operating our landfill'
is $500,000. So this 'is the tremendous cost that's coming, and why it's--so very
necessary to reduce through recycling, composting the amount of garbage that we
are going to have to dispose of in' some method. "
111
MAY 19, 1987
11. PUBLIC. NOTICES.
SUPERVISOR MURPHY: Moving .on to Item_ II ;._ Public Notices. There's six of them.
These again are on file in the Town Clerk's Office and they are posted on the
Town Clerk's Bulletin Board in' the rear.
1. Suffolk County Department of Planning, Transportation Division, public
hearing on their draft Program for Mass Transportation Services for Handicapped
Persons in' Suffolk County on Wednesday, May 27, 1987, 1 :00 P.M. , Conference
Room, Suffolk County Department of Labor Building, Hauppauge.
2.. U. S. Army Corps of Engineers, notice of application of Joseph Barbato
to reconstructin timber jetty and construct new timber jetty, Hog Neck Bay, Little
Peconic Bay, Southold. Comments by June 8, 1987. .
3. Village ofiGreenport, Notice of public hearing on the Draft EIS: for the
-Village of Greenport Local Waterfront Revitalization Program, May 28, 1987, 7:30
P.M. , Third Street Firehouse, Greenport.
4. . New York State Department of Environmental Conservation, notice of
complete applicati:o,n::of Joseph Krukowski, :for permission to install an 8-in1ch diameter
well, approximately 20 ft. deep, equipped with a pump having a capacity of .400
gallons per minute, to be used for irrigation of agricultural crops. Project site
is '500 ft. west of Arshamomaque Avenue and 500 't. south of Route 25, Southold.
Comments by June 5,' 1987.'
5. . New York State Public Service Commission, notice of public'hearing and
informational session on the Regional Caling Plan, a proposal filed by 'New York
Telephone in response to Commission initiatives. Suffolk: Tuesday, May 26, 1987,
6:30 P.M. , Executive. Legislative. Building, Hauppauge.
6. U. S. Army Corps of Engineers, notice' of application of Louis Sulich
to construct a 4 ft. by 100 ft. fixed. timber walkway, 4 .ft. above the grade of
an existing marsh, a 4 ft. by 12 ft. hinged ramp, and a 6 ft. by 20 ft. float secured
by two 10 in. diameter piles, Broadwaters Road, Broadwaters Cove, Cutchogue.
Comments by June 4, .1987.
Ill. COMMUNICATIONS.
SUPERVISOR MURPHY: Item number III is 'Communications, and there's a letter
from the. New York State Department of Environmental Conservation, notifying us
that we're getting an. award for & tree planting program we had ast year.
IV'. PUBLIC' HEARINGS. -- Two public hearings at 8:00 P.M. and 8:05 .P.M,
proposed"Local Law to amend Chapter 92 of the Code of the Town of Southold in"
relation to traffic regulations," and_ proposed--`Local Law in relation to boat operators,
boat equipment,and anchoring'in West Harbor."
SUPERVISOR MURPHY: It 'is 'not 8:00 o'clock yet, so we will move on to Item V,
Resolutions.
V. RESOLUTIONS. F;
SUPERVISOR MURPHY: I'd like to just state the Town Board. policy: if'anyone
would like to address the Town Board on any proposed resolution now is 'the time
to do it: There will' be a period of time after the regular meeting, after the resolutions
are finished when anyone else can address the Town Board on whatever other matter
you would like. So at this 'time, is 'there anyone here who would like to address
the Town Board on a.proposed resolution that's on your agenda? Over here on
the left? Middle? .
STEVE LATSON : My name's Steve Latson. I'm Secretary of the Baymen's Associa-
tion. We support the resolution of the concept of the construction of a boat ramp
at Mattituck Inlet, and I emphasize !the concept', because possibly, you know,
we will find that it can't- be done because of different reasons. But. I really think
that it's important that this 'be followed through on. -For years the Baymen!s Associa-
tion has wanted-. a boat ramp at Mattituck Inlet, and I think that the people of the
Town of Southold deserve access on the Sound. Thank you. .
SUPERVISOR MURPHY: Thank you, Steve. Anyone else on the left? In the middle?
Lydia?
LYDIA TORTORA: On the same resolution (No. 2) . I'm a little surprised to see
it 'on because it 'had been defeated the last time. I'm Lydia 'Tortora, Captain' Kidd
Civic Association. I was a little surprised to see it 'on the agenda. A little surprised,
because it had been defeated at the last meeting-, and the ci'vi:c*association is 'not
opposed to providing access to residents of Southold Town. Access to the Sound.
We are opposed to the locatiion': of this site. I want to make that clear. ' We're not
opposed to launching ramps ink general, or anything else. At the last meeting
had mentioned that Larry Penny had done a very extensive. study of the proposed
area-c-a vegetation study. I have a copy of that study in its entirety. An abridged
copy was submitted to the Mattituck Park District last night. It didn't include
112 MAY 19, 1987
all the maps. I've gotten all the maps together for you. We met with the Park
District Comm issioners--Mattituck Park District Commissioners--last night, and they
informed us that the property in'questioh, opposite where the proposed launching
ramp is to be--which is park district property--that they had not been contacted
by the Town Board about using this 'property for a parking lot, and I really do
not want to quote them, because I didn't take notes and it 'wouldn't be terribly
accurate; but 1 would say that since it 'is 'park district property that, is involved
in'this concept it 'really seems very difficult for me to understand how we can pursue
a concept which involves somebody elses property, without really discussing that
with them. It's kind of like me discussing a plan that is 'pertinent and upon using
my neighborh's property and I haven't talked to my neighbor about it. As far
as the study goes that was done, in' the area, speci fi c'area where the parking
lot is 'proposed, listed as Zone 2, there are--under vegetation there are a total_
of 21 species that are listed here. Of. the 21, 12 of those are categorized as being
few. In' a category of rare, few, several, common and very common. . One is listed
as rare. It's a very interesting document and it 'really does point up the fact
that this is an extremely sensitive area. I also have a letter here from the West
Beach--Matti tuck Wast Beach Civic Association--opposing the ramp at -this location.
I think, I outlined all of our contentions .before. They haven't really changed,
so I'll give these two pieces of information to you. (Mrs. Tortora submitted:
"Inventory Natural Resources of Mattituck Creek Study Area", prepared by Larry
Penny for the Mattituck Inlet Advisory Committee;, undated letter from the West
Mattituck Beach Association, D. G. Witschieben, President, to the Mattituck Park
District, in'oppositi6h to the cons!tructioh of the proposed Mattituck Inlet Boat
ramp; attached to that letter is 'a letter, dated July 29., 1981, from the Mattituck
Inlet Advisory Committee to William Pell III, Supervisor.)
SUPERVISOR MURPHY: Thank you, Lydia.' Anyone else in' the middle like to
address the Town Board on any proposed resolutions? Anyone on the right?
Sir?
CHARLES SIDOROWITZ : Resolution No. .2. My name is Charles Sidorowitz,' represent-
ing the Mattituck Commercial Fishermen's Association. We're opposed to this location
of the ramp. We're not opposed to a ramp, but this �particular location we're opposed
to because of the boat traffic:'it `.will create for us as commercial' fishermen, coming
and going early in'the morning and in' the evenings, and the proposed ramp site
is at a place in' the creek which makes navigation: very hard at times, especially
at low water. Our liability insurance is 'high enough now and it.'would just create
more problems -ifthere was a problem, you know, to arise there with the .traffic=—
people launching boats and waiting to be launched, and boats waiting to be taken
out. Itjust seems to us that it's a bad area and we're opposed to it for that reason.
That's about it.'
SUPERVISOR MURPHY; Thank you. Anyone else on the right? Anyone else like
to address the. Board? Yes, ma'am.
VALERIE' CARDONA: My name is 'Valerie:Cardona and I would just like to ask
the question, if I may, of the Board, please.
SUPERVISOR MURPHY: Is' this"on a resolution, Valerie?
VALERIE' CARDONA: Yes, on a resolution. . Number 3 as a matter of fact. "Authorize
the amendments to the Community Development Year 12 Program Budget. May I
ask how many amendments there are that you are going to be voting on?
SUPERVISOR MURPHY: On the Community Development Budget? Just this 'one.
VALERIE' CARDONA: Just one amendment?
SUPERVISOR MURPHY: Yes.
VALERIE CARDONA: Would it *be possible for you to read it?
SUPERVISOR MURPHY: It's a transfer in' the budget from a line item of Housing
Land Acquisition, which the current budget is '$71,725. 00,-_into setting up a new
budget line item, increasing North Fork Child Care Project of $18,000. 00. So one
is 'decreased and the other is increased.
VALERIE' CARDONA: Can I ask you exactly how much money you received for
this year in Community Development Funds?
SUPERVISOR MURPHY: About $128,000,' 1 believe.
VALERIE CARDONA: Okay, thank you very much.
SUPERVISOR MURPHY: Sure. I'll get you the exact figure and give it to you,
sure. Anyone else like to address the Town Board on any proposed resolution?
Si r.
MAY 19, 1987 113
FRED LUKA: My name is 'Fred Luka. I'm a property owner near the site of the
proposed ramp. We have enough of a problem with the people going 'to the beach.
They litter the road, Luther's Road, constantly;..and I'm sure that with the addition
of the ramp it would create a much worse .problem with the litter.. 1 spend much
of my time cleaning up the Town's property, which runs adjacent to the road,
and I'm sure the ramp would probably make this much worse, and I believe you
should note that the traffic'problem on that road is 'young people drive to the beach
and they go at a pretty good rate of speed, and with the ramp there I think you're
going to have quite a traffic'problem. I'm not opposed to a ramp to the Sound,
but I think it's the wrong site. So I think you'll have probably a lot of law suits
due to the traffic'oni the road and possibly in' the inlet. So I'm opposed to this
ramp resolution. Thank you.
SUPERVISOR MURPHY: Thank you. Anyone else like to address the Town Board?
COUNCILMAN STOUTENBURGH: I'd like to address thati•resolution.
SUPERVISOR MURPHY: You want to do it 'now?
COUNCILMAN STOUTENBURGH : Yes.
SUPERVISOR MURPHY: Sure. Paul?
COUNCILMAN STOUTENBURGH: Seeing I Was the one who brought this 'up I think
should' say something in defense of it Ito' some extent. This 'is 'the only creek
that the public=-the people of the Town of Southold' have no access to. And I
say "public access". Every one of our other creeks have a place that you don't
need anything but your beach permit 'to go down there and launch your boat into.
As a matter of fact that's one of the requirements for. our creeks to be dredged--
that we have public access, and we have been able to do that all except for Deep
Hole Creek which is 'the only other creek that we don't have access to, and it was
held up for many years.. because we didn't have that access, and we finally got
permission through a special* resolution to have the area dredged, and that was.
the one reason we couldn't get it 'dredged. So there are two creeks--Deep Hole
Creek and also Mattituck Creek. So years ago--three years ago exactly--I was
a Town Trustee at the time, and Town Trustees take care of your Town waters.
One of the big issues at that time was public'access: �We do not have enough public'
access, and as you know our Town is 'growing, and everybody that lives on the
middle of a farm, or anywhere besides waterfront, has a right to every creek in'
our Town. If'you live here and you want to go down in. Goose Creek, you have
a right to go and clam and fish and crab. in' Goose .Creek, and there is 'a ramp
where you can put your boat in. As time goes on, people, more and more people
will' be trai leri ng their-boats because they don't have places to keep them, and
they're too expensive to keep them, and so that is 'one of the great objectives of
the Trustees at _that time. I got iout :the land maps and looked over the whole
area of Southold and found this 'very small peninsula..of land in'Mattituck that belonged
to a Mr. Deiti who used. to have cottages there that were swept away in'..the 1938
hurricane. I contacted this man and after many years we finally have the man
give the property to the Town of Southold. It was then .pursued to find out if '
it would be possible at all, navigation-wise, to have a ramp put in there. . .1 contacted
the Army Corps of Engineers. They sent out a person from their.'office in' New
York. We stood on the bulkhead there, or where the rocks are-there, and told
him' exactly what we were going to 'do, would it 'be a problem? He said, no, he
did' not think so, but to put in a proposal anyway. The reason that he didn't
think so, is 'he looked over the creek and as you know we have Pederson's right
around the corner, and Pederson does not have a ramp, which someone told me
they did have, because we went down and looked for one and couldn't find one.
We ask the man who. worked there and he said' they did' not have one. So first
off we have a very busy area with boats coming in and -out, which is 'in' a very,
very narrow area. Much narrower then the area that we're talking about. .-The
area we're talking of is �250 some feet wide, at .least, and somone said.' 300 'feet wide.
The idea was that it was- the.-widest s.ection::ini the creek closest to the area we
want to get, into, which is ' Long Island Sound. . Now someone said;"Well, why don't
you use the property that the Town owns at the end of the creek?" And again'
we go back to the idea of pollution, which you people are very concerned about,
I know in your creek. The creek does not flush that much at the very extreme
end.' That's one of the biggest problems. That's why that's always been closed
to shelifishing up at the south end there. First off we would. have to build a. ramp,
and then the person would have to then ride all the way up through the creek
to get to the mouth of the creek. And if you know anything about emergencies,
and we have had a few emergencies in' that creek and in' the Sound, it 'takes quite
a while to get up to the mouth of the creek. So we thought.again; the mouth
of the creek would be the ideal place to put this ramp, and so we decided let's
go ahead and pursue it. Let's see if'there's 'a possibility. We have to go through
the DEC, we have to go: through the Army Corps. This 'is 'a year--two years down
the .line probably if 'you know anything about bureaucracy. And so we said'we
114 MAY 19, 1987
would put in' a permit: Someone said;"Where are you going to park your cars?"
It 'was suggested maybe we could use the park department across the way. Maybe
we could. . We did not say we would. If'we couldn't use that, there is 'a road
that is 'four. lanes wide--if 'you recall that area; I'm 'sure you know, because you
live' there, .there!s .a. telephone pole right in' the middle, and which there are two
lanes on each side. A spoke to Ray. Jacobs about the idea of closing one half of
that road off, or. a part of that road, so that we could, use that for parking, all
on one side. . Not using the park district's area. He said' that would be a plausible
idea. And we could also .fill' in' the area between the jetty and there. So we would
not be disturbing this 'fragile,. very delicate land that we're. hearing about. So
there is 'a way we could do it without .touching this material'. Now the idea of traffic;
yes, there. will' be traffic: We have a ramp down at New Suffolk, and I hope some
of you would drive down and look .at the. New Suffolk ramp: It's probably the
most used ramp in.;the !`own. We hove a small parking lot there. We have -attendant
there who watch the parking lot, sees what goes on, and I think you'll find that
is 'a cleaner,_.better area than anything, because we have an attendant there, because
we have the ramp there. You would be getting this'kind of thing in the future,
and it might have a little bit 'more control over what you don't have now, which
seems to be one of your problems. These are the things we would have hoped
to work :out in' the future if 'we could even get a ramp there, if 'we could get
permission to do it.' That is 'what.we tried to do. I think it's been misi'nterpreted
that we're trying to sneak something in' under the door. lt 'was not that at all.
If we could get any kind of'-permits- or anything we would then surely go to you
people and say, "Could we do this 'on the park department property?" If not,
then we would go and use our own resources. This 'is 'basically how we were going
to function: And all I can say is; we did' nothing to do anybody any injustice.
There are going to be more people on there using it.' These are mostly what we
hoped would be people in' this Town would be using it.' The baymen, the man
who lives in' back, the guy who wants to go flounder fishing. This is 'the. kind
of person we were looking for. We were .not opening the gates of'the whole west
end to come in and use your area. They would have to have a sticker to use the
area. That's basically what we were hoping for, and I can't say anything different.
We're wide open about it.' We`-were going to go ahead and get the permit; and
that's basically all we were doing. To -.see if we could. We did have the_Army
Corps down. We did go that far. They did say he didn't think there'd be any
-
problem, but put in" a permit.' Give us a rough drawing. We went ahead and got
a few rough drawings, but before we did' it=-Ray Jacobs was going to go ahead
and draw these things up for us so that we could submit 'a plan, he said* "You
better go ahead and check .it 'out with the Town Board. " I checked it out with
the Town Board. There was some discussion pros and cons. We put it 'on the
agenda and you people are here. If I could answer any questions about it 'I'd
be glad to. I'm a little concerned that when .the.Trustees--and you commercial
fishermen particularly--I . remember. .two or three years ago you were very concerned
about Pederson putting some barges there and made quite a bit 'of noise about how
unsafe it 'would be, and yet just. recently there were whole stacks of pilings that
go all the way around the corner, which now has boats in" it; which I don't hear
a bit 'of concern about navigation or problems. And here we have a boat ramp
which is 'going to go into sand. The boat ramp isn't going into deep water. ' The
people are going to have to use it 'sometime, probably only inbetween tides. I really
think we're not going to have a navigational hazard. It"s not a navigational hazard..
This 'is, of course, an opinion. You people work the waters and probably have
a much better opinion of it 'then I do. And I just feel that the people of the Town
of Southold deserve a right to get into the Sound. The ideal place, it"s two minutes
there to the Sound. They're away--they're 800 feet. from the nearest house. Any
other ramp has houses right along side of them.. Go .to New Suffolk. A hundred
feet away people live. Go to Goose Creek. They're right along side of the houses.
Everywhere else people live with these situation, and we don't have a rowdy group
of fishermen. . Fishermen come in; they put their 'boat in' and leave. They come
back, they get_out. They don't stay there. They don't picnic,.there. They come,
they leave. And that's .it: And that's what we're, trying to do, is give people
access and that's all we are trying to do. I'm sorry I took that much time, but
I think it 'had to be explained.
SUPERVISOR MURPHY: You had a question (to someone in the audience) ? Did
anyone have a question?
_ JIMMY KING: I just beg to differ with there being no complaints about---my name
is Jimmy King. 1 live on the inlet in'Mattituck. I've been lobstering out of Mattituck
for over twenty years now. This business with Mr. Pederson, there being no
complaints, I think there were complaints. As a matter of fact a letter was written
to the Town _Trustees who gave him' permission to do it.'
COUNCILMAN STOUTENBURGH : I never knew there was a complaint offered. I
tried to 'get backing of it.' This Town Board wrote a letter to the Town Trustees.
JIMMY KING: I'm sure that they have a letter on record.
MAY 19, 1987 1 5
COUNCILMAN STOUTENBURGH: This Town Baord wrote a letter to the Trustees
saying that they were ver..y, concerned, ;about.. this: F;
JIMMY KING : As far as the launching ramp, I have no objections to the launching
ramp, but I think it's a bad spot for one.
COUNCILMAN STOUTENBURGH : We would -love to find another place.
JIMMY KING: All you have to do is go down there on a nice warm sunny afternoon,
on a Sunday and watch the boats coming in' and watch the speed that these boats
IF
come in' and when they hit that first corner. That's when you slow down. They're
coming in' between the breakwaters--some are big' boats too, this is just no little
stuff.-
COUNCILMAN STOUTENBURGH: We have been trying to get a police officer in' F.
there, which we do have, which I hopes a little bit; 'and if 'not, then we better
get someone who does.
JIMMY KING: Everybody wants to use the creek. ' More and more people use it.
Actually the creek is getting smaller. .
COUNCILMAN STOUTENBURGH : Of course. That's absolutely true, and we're
getting more and more pressures of using these areas.
JIMMY KING: The same thing in the Sound.
COUNCILMAN STOUTENBURGH: Were trying to put the. ramp away'"from people's.
houses. ' That was our biggest problem.
JIMMY KING: My personal feeling, having -used the inlet as long as I have, 1
just think it's a bad spot. 1 don't think you're going- to stop the speed or the
traffic coming in; especially coming in:
SUPERVISOR MURPHY: Thank you, Jimmy. . I would just like to make one reply .
as a former Commissioner of the Mattituck Park District for 20 'years. When this '
idea was first proposed, when I was the Chairman of the Board, the idea was supported
by the Park Commissioners. It :is now a little after 8:00.o'clock, so I'd .like a motion
to recess for the time it 'takes -to ho.ld..the: two public hearings. _
Moved 'by Councilman Penny, seconded by Councilman Schondebare, it was
RESOLVED that a recess bet called .at this time, 8:00 P.M., for the purpose of holding
two public,hearings: Proposed 'Local. Law to amend Chapter: 92 of the Code of
the Town of Southold in' relation to traffic*regulations;" and proposed "Local Law
in relation to boat operators, boat equipment and anchoring in'West Harbor."
Vote of .the .Town Board :' Ayes: Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Councilman Stoutenbu.rgh, Supervisor Murphy.
This 'resolution was declared duly ADOPTED. .
Regular Meeting reconvened.. at 8: 10 P.M.
SUPERVISOR_ MURPHY: I will' reopen the .regular Town. Board meeting and moving
on to Resolutions. . Number 1.whieh is a resolution extending our thanks and
appreciation to the. members of the Economic'Advisory Committee. They gave us
a lengthy report and discussion this 'morni.ng in' the Work Session. We gave them
a proclamation thanking them for their work, and this is 'for the official record,
so I'd .like to offer that resolution.
1. Moved. by Supervisor Murphy, seconded by Councilwoman Cochran,'.
WHEREAS, the. Town Board, on August 27, '1985, created a committee known as
the "Economic'Advisory Committee" to address the present state of the economy
within the Town, to advise on the future economic vitality of those industries presently
within' the Town, and to advise on what industries, compatable -with the Town,
can be brought into the Town to promote jobs, taces and growth, and'
WHEREAS, the Economic Advisory Committee has submitted their final report to
the Town Board, therey concluding their'.obligations, now, therefore, be it
RESOLVED -that the Town Board hereby disbands the Economic Advisory Committee,
and extends. their. 'sincere thanks and appreciation to all of the members who devoted
untold hours on behalf of this- project, and provided the Town Board with their
knowledge and expertise throughout the study.
ECONOMIC ADVISORY COMMITTEE
William H. Behr, Chairman
George J. Wieser
Warren M. Cannon
Michael Zweig'
William S. Gardner
1.-Vote of the Town Board : Ayes : Councilman Penny, 'Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This resolution was declared duly ADOPTED.
116 MAY 19, 1987
SUPERVISOR MURPHY: Number 2 .is �a resolution on Mattituck Inlet.
2. Moved by Councilman Stoutenburgh, seconded by Supervisor Murphy, it 'was
RESOLVED that the Town Board of the Town of..Southold hereby supports the concept
of the construction of a boat ramp on the former Dietz property at Mattituck Inlet,
and authorize commencement of the permit 'process for the ramp construction.
SUPERVISOR MURPHY: Any questions?
COUNCILMAN SCHONDEBARE : I've got a comment. I have to agree that we need
access to Mattituck Creek. I agree with .Paul in' that concept. On the other hand
I have to agree with the gentleman' who spoke: in' the(..back of the room, because
Was down there and took a look at it with everyone else that day, and I think
it's just: a terrible spot for a ramp in' that area, and I agree, I think it's going
to be a traffic hazard.
COUNCILMAN STOUTENBURGH: Could I add a note to this? Again; Jay, we have
an Army Corps of Engineers who's concepts of navigation we must--for every permit
in this Town, anything to do with the water, the Army Corps of Engineers must
give their okay. And I would surely think that if'they thought this was a hazardous
situation here, they would not suggest that we put a ramp in there. That's exactly
what we're trying to do, see if 'they would give us this permit; because the person
we had down there said he thought it 'was possible, but he said, "Make sure you
put in' a permit; don't take my word for .R." And that's what we were trying to
do.
COUNCILMAN SCHONDEBARE: I was down there with you that day; Paul,. and
I remember I was dumbfounded when the gentleman from the Army Corps of. Engineers
said that he was willing to break into that brick wall or jetty that's down there.
couldn't believe that he was willing to do that to begin: with, and I frankly am
not willing to rely on the Army Corps of Engineers for their'input on that traffic
condition in'that area. Sorry.
SUPERVISOR MURPHY: Any other comments?
COUNCILMAN PENNY: I'd like to concur with Councilman Schondebare and also
with the comments of Jim. King. I think .if anybody knows these local waters, proba
more than somebody that's coming down on a visitation from the State, :-it's the
local fishermen and the local residents and the local people in the community. I
further believe that we're going to have a serious problem there, and I'm .also follow
ing up because 1. understand we have a similar situation up in the Three-Village
area,.up the Island where I'm told that there's a side current site where there is'
a town launching ramp and it has been a constant source of problems in that. area,
and I'm going to research that further. So I concur with Councilman Schondebare.
SUPERVISOR MURPHY: Any other comments? (No response.)
F..
2.-Vote of the Town Board.: . No: Councilman Penny, Councilwoman Cochran, Council-*
man Schondebare, Justice Edwards. Yes: Councilman Stoutenburgh, Supervisor
Murphy.
This resolution was declared LOST.
SUPERVISOR MURPHY: Number 3 is 'to authorize amendments to the Community
Development Year 12 Budget. I offer that resolution.
3. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it 'was
RESOLVED that the Town Board fo^the Town.. of Southold hereby authorizes the
following amendments to the Community Development Year 12 Program Budget:
.Current New
Project Budget. Increase Decrease Budget
Housing. Land Acquisition $71,725. 00' -0- $18,000. 00 $53,725. 00 .
North Fork Child Care -0 $181 000.'00 -0- '$18,000. 00
Project
3.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Supervisor. Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 4 is to authorize the signing of Rec checks.
4. Moved by Councilwoman Cochran, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold.. hereby authorizes Theresa
Bokina to sign Town of Southold Recreation Activity Fees Account checks (Account
No. 014-30599 5) , in place of Susan Fossett, until further notice. (The checks
must also be signed by Judith T. Terry, Town Clerk, as authorized previously.)
4.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This resolution was declared duly ADOPTED-:
MAY 19, 1987
SUPERVISOR MURPHY: .'And Number =5"is fo'`appoint Suzanne.Walden as a Clerk Typist
in the Building Department for the summer, at a salary of $6. 50 per hour.
5. Moved by Councilwoman Cochran, seconded by Councilman Schondebare,, it 'was
RESOLVED that the Town Board of the Town of Southold hereby appoints Suzanne
Walden as a Clerk Typist for the Building Department for the Summer Season, 35
hours per week, at a salary of $6. 50.per hour.
5.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 6 is 'the appointment .of Lifeguards and Beach
Attendants for the 1987 Summer Season.
6. Moved by Councilman Stoutenburgh, seconded by Counci Iman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints the .follow-.
ing Lifeguards and Beach Attendants for the 1987 Summer Season-
LIFEGUARDS
Brian Bambrick. . .. , . , , , , .$6._00 per hour
Charles Boyar, head lifeguard , , . . . . . . . . , , . 6. 00' + .25 = 6.25 per hour
Joseph Barisi'c; head lifeguard, . . . . , , 5.75 + 25 = 6. 00 per hour
Yvonne Nicol . . . . . .. . .. . . . . . * , , , , , , , , , , . . .:. 5.75 per hour
DouglasBrown . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..5.25 per hour
Michael Conklin: , , , , ., , , , , , , 5.50 per hour
Thomas McNulty . . . . . . . . . . . . . . . . . . .. . . . . . . . . :6.�O0 "per .hour..
Thomas Scheuermann . . . . . . . . . . . . . . . . . . . . . . . .5.25 per hour
Gordon Blake. . . . . . . .. . . . . . . . . . . . . . . . . . . . . .5. 00" per hour
Chris McNulty. .. . . . . . . . . . . . 6.25 'per hour
BEACH ATTENDANTS
Elizabeth McNulty. .. . . . . .. . . . . . . . . . . .. . . . . :$.4. 50 per hour
Joanne McNulty. .. . . : . . .. . . . . . . .. . . . . . . . . . . . 4. 35 per hour
6.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-:
.
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This ' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 7 is 'to amend the Town Highway Specs on the
drawings'. "There was a clerical error. It 'should be 12 feet and not 12 inches.
I offer that resolution. `
7. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that the. Town: Board of the. Town of Southold hereby amends the Town
of Southold Highway Specifications Standard Drawing SD 855 to make a technical
correction on two dimensions. from 12" .to 121
7.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And. Number. 8 is 'to amend a prior resolution.
8. Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it 'was
RESOLVED that the Town Board of the Town of Southold hereby amends their'Resolu-
tion.. No.- 7, adopted .May 1, 198T, appointing Joseph Zimmer, 'Post Commander of
the .Gri-swold-Terry-Glover American Legion- Post. No. 803, Southold, a .member of
the- Counci_I on.. Veterans .Affairs, .by deleting the .name of Joseph-Zimmer, and insert-
ing .the name of Richard Diehl, all in' accordance with the new policy and recommendation
of the. Executive. Board of the Griswold-Terry-Glover American Legion Post No.
803,. Southold; said appointment effective immediately through December 31, .1987.
8.-Vote of'the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This ' resolution was declared 'duly ADOPTED.
SUPERVISOR MURPHY: And. Number 9 is to authorize the payment -of.$10,000 on
an old audit 'on insurance premiums.
9. Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare; it was
RSOLVED that the Town Board of the Town of Southold hereby .accepts the release
of Graphic'Arts Mutual Insurance Company, 180 Genesee Street, New Hartford;
New York, for acceptance of $10,000. 00 'from the Town of Southold as a settlement
of the outstanding audit premium under Policy. No. FMP 22672, years 1982-85 and
hereby authorizes the issuance of a' check in' the amount of $10,000. 00 to Utica
Mutual Insurance Company as payment in' full. Said' check to be drawn on the.
General_Fund, Whole Town Contingent Account. No. 1990. 4.
9. Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Counci-Iman Stoutenburgh, Supervisor Murphy.
This resolution was declared duly ADOPTED,.
MAY 19, 1987 118
SUPERVISOR MURPHY: Number 10 is 'to appoint Special' Bay Constable Vernon
Wermelinger to work in'Mattituck Inlet Creek.
10. Moved by, Councilman Stoutenburgh, seconded by Councilman Schondebare, it 'was .
RESOLVED that the Town Board of the Town of. Southold hereby as points Vernon .
G. Wermelinger as a Special Bay Constable for the purpose of patrolling the water-
ways in 'and about Mattituck Creek, effective immediately, at a salary of $8. 50 per
hour, and be it further
RESOLVED that the Town .Board hereby authorizes and directs Supervisor Francis
J. Murphy to execute an agreement between the Town and Special' Bay Constable
Vernon G. Wermelinger for the purpose of patrollin' the waterways in and about
Mattituck Creek, for the period May 15, 11987 and ending September 10," 1987; he
to furnish a suitable boat, together with the .necessary outboard motor and required
equipment for the operation of said boat during the term of the agreement, and
to be responsible for any and all rexpenses for the. repair and maintenance of said
equipment, with the exception of a sum not to exceed $500. 00 during the term of
the agreement, which sum shall .be' paid by the Town of Southold.
10.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-'
Ain Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 11 is to appoint Mary Lou Cassidy as a Steno-
grapher in the. Office of the Town Clerk, from the civil service list, at a salary
of $16,881. 32 per year. I offer that resolution.
11. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, It 'was
RESOLVED that the Town Board of the Town of Southold hereby appoints Mary
Lou Cassidy as a.Stenographer in'the Office of the Town Clerk, from the Suffolk
County Department of Civil Service Certification of Eligibles, effective May 18,
1987, at a salary of $16,881. 32 per annum.
11.-Vote of .the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And. Number 12 is 'to declare a negative dec.
12. Moved by Councilman Penny, seconded by Supervisor Murphy,
WHEREAS, a change of zone application for the premises situate on the north side
of Main Road, Southold, Suffolk County Tax Map No. 1000-63-3-19, from "A" Res-
idential and Agricultural District to "B" Light Business District, petitioned by Burt
G. Lewis, Jr. , has been received by the Town Board, and
WHEREAS, said premises is now used for a use permitted in' the zone petitioned
for, and
WHEREAS, no adverse environmental impact is evident on the premises, or as a
result of the existing use.of the premises, - and
WHEREAS, upon completion of a Long Environmental Impact Form, Part Two, and
a field inspection, no adverse environmental impact can be expected from uses comply-
ing with the provisions of the petitioned zone change, and
WHEREAS, said' petitioned zone change is 'in' conformance with a general zoning
ordinance amendment being considered by the Town Board, now, therefore, be it
RESOLVED that consistent with Part 617 of the State Environmental Quality Review
and Chapter 44 of the Code of the Town of Southold, the proposed action will' not
have a significant effect on the environment.
COUNCILMAN SCHONDEBARE : Question. Second paragraph: "Whereas, said' premises
is 'now used for a use permitted in'the zone being petitioned for. . " Is it my under-
standing that there is 'a use in' that premises that's a light business use, since
that's what he--s petitioning for, in' an "A" Residential' Zone, at the present time?
And i f'so, is 'that i n' there by. . . .he's telling me that. . .
SUPERVISOR MURPHY: I._cthink_.'mzybe it-'might have—typing in the Master Plan,
would it 'be?
COUNCILMAN SCHONDEBARE: No, what' he's saying to me, as I read it:' "Whereas,
said premises is 'now used for a use permitted in' the zone being petitioned for. . "
He's telling me that he's petitioning for a light business and-that the use now there
is 'a light business, and it's an "A" Residential' Zone. And if that's the case, why
is somebody using o.dight business' use in' an "A" Residential Zone? And if that's
the case, why isn't this the continuous use? -Is it a non-conforming use? Is it
a Special Exception? What's going on here?
COUNCILMAN PENNY: Perhaps Mr.. Lewis '.can explain' it; he's right here.
SUPERVISOR MURPHY: Burt, do you want-to. .`.
COUNCILMAN SCHONDEBARE : Burt, please explain it.
MAY 19, 1987
BURT LEWIS, .JR. : : There's a young architect ain.'Aherd,,now, and he applied to
the Building Department and received approval, but I want to open up a real estate
office and that's a different ball game. I can't do it without this zoning, as it
was explained to me by the. Building D,epertmenit. You can do certain things with
certain businesses, but you can't do it with real estate.
COUNCILMAN SCHONDEBARE: Yes, but if-'l• remember it; correctly,. doesn't that
fall under the professional exemptions that we have for lawyers, doctors, and maybe
it's architects, when they live and have their home in' the premises. Now, is 'the
architect that you're talking about living there?
BURT LEWIS', JR.. : They're living upstairs.
COUNCILMAN .SCHONDEBARE : They are living upstairs. Okay, .so downstairs. . .
see.
SUPERVISOR MURPHY: And he can't put a real estate office.
COUNCILMAN SCHONDEBARE : . Okay. I know real estate has never been allowed
if;you lived in=or no matter what. Okay; thank you.
COUNCILMAN PENNY: I would like to make an amendment to this 'and strike that
particular paragraph where it says, "Whereas, said' premises is now used for 'a
use. . ." 1 don't think that should be in there at all under those conditions, because
what he's applying for is a "B" Business use and not an "A" Residential use.
COUNCILMAN SCHONDEBARE: Yes, that's wrong.
COUNCILMAN PENNY: Omit 'this one sentence completely.
SUPERVISOR MURPHY: Any other questions.?
Amended Resolution No. 12.
12. Moved by Councilman Penny, seconded by Supervisor Murphy,
WHEREAS, a change of zone application for the premises. situate on the north side
of Main Road, Southold, Suffolk County Tax Map No. 1000-63-3-19, from "A" Res-
idential' and Agricultural District to "B" Light Business_ District, petitioned by Burt_
G. Lewis, Jr. , has been received by the Town Board, and
WHEREAS, no adverse environmental impact is-evident on the premises, or as a
result of the anticipated use of the premises, and
WHEREAS; upon completion of a Long' Environmental Impact Form, Part Two, and
a field inspection no adverse environmental impact can be expected from uses comply-
ing with the provisi6hs of the petitioned zone change, and
WHEREAS, said petitioned zone change is in' conformance with a general zoning
ordinance amendment being considered by the Town Board, now, therefore, be it
RESOLVED that consistent with Pant 617 of the State Environmental Quality Review
and Chapter 44 of the Code of the Town of Southold,. the proposed action will not
have a significant effect on the environment.
12.-Vote of the Town. Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
Thi s' resolution -was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 13 is to set a public'hearing, 8:00 P.M. , on Tuesday, .
June 16th, Southold Town Hall, for a public hearing on the petition of Burt Lewis
for a change of zone. I offer that resolution.
13. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh,
WHEREAS,. Burt .G. . Lewis; Jr. ,. by petition dated March 27, 1987, petitioned the
Town Board of the. Town of Southold for a. change of zone on certain property
located on the north' side of Route 25, Southold, from "A" Residential and Agricultural
District to, °B".. .Light. Business District; said' property bounded. and described as
follows: BEG.I N'NING at a point on the northerly side of Main "Road,. .at •the southeast
corner of the hereinafter described premises, said' point of beginning also being
where the southwest corner of land now or formerly of Robert Hascoat intersects
the northerly side of Main Road; and from said' point of beginning running _thence
South 740 05" 00" West along the northerly side of Main Road, 74. 40 feet to a point
and land now or* formerly of Elaine Overton; thence northerly and easterly along
last mentioned land the following two (2) courses and distances: (1) North 161
37' 40" West 136. 00 feet and (2) North 74° 11' 40" East 82..90 feet to a point and
land now or formerly of Louis.B. Barnett and Elizabeth H. Barnett, his wife; thence
South 130 03' 00" East along last mentioned land-and land now or formerly of Robert
Hascoat 136. 00 feet to the northerly side of Main Road, at the point or place of
BEGINNING; and
WHEREAS, the Southold Town Planning Board and the Suffolk County Department
of Planning have prepared official reports and recommendations on the aforesaid
petition, now, therefore, be it
1. 2 O MAY 19, 1987
RESOLVED that the Town Board hereby sets 8:00 P.M. , Tuesday, June 16, 1987,
Southold Town Hall, Main Road, Southold, New York, as time and place for a public
hearing on the petition of Burt-G. Lewis, Jr. for a change of zone, at which time
any person desiring to be heard on the above proposed petition should appear
at the time and place above so specified; and be it further
RESOLVED that the Town Clerk be and she hereby is authorized and directed to
cause notice of said hearing to be published in' the official newspapers pursuant
to the requirements of law.
13.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 14 is 'to authorize our Nutrition Director, Vee
McKeighan to place help wanted ads in the Times and Traveler-Watchman. 1 offer
that resolution.
14. Moved by Supervisor Murphy, seconded. by Councilwoman Cochran, it 'was
RESOLVED that the Town Board of the Town of Southold. hereby authorizes Director
of Senior Services Venetia McKeighan to place help wanted ads in The Suffolk Times
and The Long Island Traveler-Watchman for: Assistant Cook,. Nutrition Program,
permanent position, 35 hours per week, $6. 00 per hour +. benefits; Van Driver,
Nutrition Program, permanent position, $4. 67 per hour, 35 hours per week.
14.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This resolution was declared duly ADOPTED...
SUPERVISOR MURPHY: And Number 15 is 'to appoint seasonal employees to the
safe BTI -mosquito larvacide program on Fishers Island. I offer that resolution.
Amended August 25, 1987 Resolution #28
15. Moved by Supervisor Murphy, seconded by Councilman__Stoutenburgh, it was
RESOLVED that the Town Board of the Town of SOuthold hereby appoints Margaret
Niemann as a seasonal employee - Supervisor of the safe BTI mosquito larvacide
program on Fishers Island, who will be primarily hired by Suffolk County at a
salary of $12. 00 per hour until 'mid-summer, when she will then be placed on Southold
Town's payrolls and under the Town DEC permits for the BTI Program; and Shiela
Doppelhammer as a seasonal employee - Technician under the safe BTI mosquito
larvacide program on Fishers Island, who will be a. Southold Town employee, at
a salary of $6.,50 per hour; said appointments for the period June 1, 1987. through
September :1987,;' the employees to submit timesheets for payment; total cost not
to.exceed $5,-000.'00 for the two employees.
15.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, ' Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And. Number 16 is 'to appoint Tom Grafton as a part-time
Police Officer, effective immediately, at a salary of $7.50 per hour.
16. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that the. Town Board of the Town of Southold hereby appoints Thomas
P. Gralton as a part-time Police Officer, effective immediately, at a salary of $7. 50
per hour.
16.-Vote of the -Town Board : Ayes : Councilman Penny, Councilman: Schondebare, Council-"-
man Stoutenburgh, Supervisor Murphy. Abstain: Councilwoman Cochran.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 17 is 'a budget modification.
17. Moved by Councilwoman Cochran, seconded by Councilman. Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following Budget modification within!the:General Fund Whole Town Account:
Revenue
A3115 - Shellfish $5,000. 00
Appropriation
A8830. 4 - Shellfish $5,000. 00
to provide for the contract with Cooperation Extension Association of Suffolk County
(Sea Grant) .
17.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 18 is 'to appoint Diane Schultze' to provide
secretarial services to the Farmland Committee, effective January 1, 1987 through
December 31, 1987, at a rate of $7.50 per hour. I offer that.
18. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Diane .
M. Schultze to provide secretarial services to the Southold Town Farmland Committee,
effective January 1, 1987 through December 3% '1987, at $7. 50 per hour, not to
MAY 19, 1987
121
exceed $3,500. 00 for '1987; said. funds to be reimbursed ,to the Payroll Account
from the Farmland. Preservation Account
18.-Vote of the Town Board : Ayes :. Councilman. Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Supervisor. Murphy.
This. resolution was declared, duly ADOPTED.
SUPERVISOR MURPHY: Number 19 is 'to authorize: a police sergeant;to attend an
armed robbery, seminari.
19. Moved by Councilman Stoutenburgh, seconded by Councilman Penny, it was
RESOLVED that the Town. Board of .the.Town of Southold hereby authorizes Police
Sergeant Joseph Conway to attend a "Armed Robbery Seminar" at Hauppauge, New
York, on May 28 and 29, .*1987•, and the registration fee in- the amount of $40. 00
shall be a legal charge against the Police Department budget.
iy.-Vote `of the Town Board: Ayes : Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare.,. Councilman Stoutenburgh, 'Supervisor Murphy.
This'resolution was declared duly ADOPTED..
SUPERVISOR MURPHY: Number 20 is 'to grant the Mattituck Lions Club permission
to'hold ,their'arinual Strawberry festival on Mattituck School grounds, Saturday,
June 13, 1987.
20.. Moved by Councilwoman Cochra, seconded by Councilman Penny, it 'was
RESOLVED that in' accordance with Section 100-114(C) of the Code of the T�wn
of Southold, the Town Board of the Town of 'Southold hereby grants the Mattituck
Lions Club: a Special License to hold their:-annual Strawberry Festival on the Mattituck
School grounds, on Saturday, June 13, 1987, provided they secure and maintain
the proper insurance to hold the Town of Southold harmless.
20.-Vote of ,the -Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 21 is 'to appoint Christine Schlachter as a
Clerk Typist in' the Office of the Supervisor, - from the civil 'service list, effective
June 4th, at a salary of $14,851.00 per year. I offer that resolution.
21, Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh., it 'was
RESOLVED that the Town "Board of the Town of Southold hereby appoints Christine
M. Schlachter a Clerk Typist in' the Office of the Supervisor,, from the Suffolk
County Department of Civil Service Certification of Eligibles, effective June 4,
1987, at a salary of $14,85 '. 00 per annum.
21.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council=
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 22 is 'to grant permission to the Mattituck
Fire Department to hold a parade on Town roads at 8:30 'A.M., Monday, May 25th.
offer that.
22. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it 'was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to the Mattituck Fire Department to use the following Town roads for the purpose
of holding a parade at 8:30 A.M. , Monday, May 25, 1987, provided they secure
and maintain the proper insurance to hold the Town of Southold harmless: Pike
Street, Westphalia'Road, Sound Avenue, Love Lane.
22.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And, Number 23 is 'to accept a resignation.
23. Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it 'was
RESOLVED that the Town Board of the Town of Southold :hereby .accepts, with
regret, -the resignation of Richard. 0. Whitney., Road Inspector, effective immediately.
23':-Vote oF the Town . Board : Ayes : Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And. Number 24 is 'to authorize the Board of Commissioners
of the Fishers Island Ferry District to advertise for bids for a new fork lift truck.
offer that.
12 2 MAY 19, 1987
24. Moved by Supervisor Murphy, 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 advertise for bids
for the purchase of one (1) Toyota Model 42-5FG25-FV118, or equal, forklift truck.
24.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council
man -Schondebare,. Councilman Stoutenburgh, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And. Number 25 is- to appoint Dolores Walsh as a Clerk
Typist in the Town Clerk's Office, effective June 8th at $14,851. 00.
RESCINDED: June 30, 1987 Resol. #9
25. Moved by Councilwoman Cochran, seconded by Councilman Penny, it 'was .
RESOLVED that the Town Board of the Town of Southold hereby appoints Dolores
D. Walsh a Clerk Typist ii-i the Ofrcz, cf Clerk, from the Suffolk County
Department of Civil Service Certification of Eligibles, effective June 8, 1987,' at
a salary of $14,851. 00 per annum...
25. Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran; Council-'man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 26 we're going to hold (appointment of a provisional.
Superintendent of Recreation 1) . Number 27 is'to create a promotional position
of Public'Safety Dispatcher II. ' I offer that resolution..
27. Moved by'5upervisor Murphy, seconded. by Councilman .Penny, it 'was
RESOLVED that- the Town Board o.f thel_Town of Southold hereby creates .the promotional
position of Public'Safety Dispatcher II ; and sets a salary for the: new position .at
$16,876. 47 (this 'reflects a. $1,500. 00 increase over Public'Safety Dispatcher, Step
1) ' and be it further
RESOLVED that Supervisor Francis 'J. Murphy be and he hereby is:'authorized and
directed to request the promotional Civil Service ,List for Public Safety Dispatcher II.
27.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman .Cochran, Council-'
man Schondebare, Council man Stoutenburgh; Supervisor Murphy.
This'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 28 is 'to execute an agreement. between Sze'pato «ki
Associates and -the Town .for the preparation of our final .Generic' Impact Statement
on our, famous Master Plan, at a cost not to exceed' $7,200.'00.
COUNCILMAM SCHONDEBARE: The Master Plan has now cost us an additional
$7,200.'00.
28. Moved.-by Councilwoman Cochran, seconded by .Councilman Penny, it 'was
RESOLVED that the Town. Board .of :the Town. of Southold hereby authorizes and
directs Supervisor Francis 'J. Murphy to execute an agreement between Szepatowski
Associates, . Inc. and the Town of Southold for the preparation of a completed final
Generic _Impact Statement, pursuant to Part 617, State Environmental-Quality Review,
in the matter of the proposed "Local Law: to amend the Southold Town Zoning Code'
and the. �ornng Map incorporated therein, to implement, in whole or in part, the
recommendations of the Master Plan Update prepared by the Planning Board," at
a total cost not to exceed $7,200. 00.
28--Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran,
Councilman Stoutenburgh, Supervisor Murphy. No:'. Councilman Schondebare.
This ' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 29, is 'to appoint a Home Health Aide, Ann
Schmidtchen, in' the Adult Day Care Center, effective May 6th, 20 hours a week,
at $4. 00 an hour. I offer that resolution.
29.. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it 'was
RESOLVED that the Town Board of the Town of Southold hereby .appoints Ann
S_chmidtchen. as a Home Health Aide under. the Senior Adult Day Care Program,
effective May 6, .1987, 20 hours per week, $4. 00 per hour.
29.7Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman- Stoutenburgh, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 30 is 'to appoint Eleanor Berg as a Kitchen Aide
in the Town Nutrition Program, effective May 18th, at 20 hours a week, at $3. 35
an hour. I offer that resolution.
30. Moved by Supervisor Murphy, seconded by-Councilman Schondebare, it 'was
RESOLVED that the Town Board of the Town of Southold hereby appoints Eleanor
Berg as a Kitchen Aide for the Southold Town Nutrition Program, effective May
18, 1987., 20 hours per week, $3. 35 per hour.
30.-Vote of the Town Board Ayes : Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, -Supervisor Murphy.
This resolution was declared duly ADOPTED..
MAY 19, 1987 1 23
SUPERVISOR MURPHY- . Number 31 is 'a budget modification to reflect a gift from
the .CROP Walk of $2,000 to .our. Nutrition Program. I offer that resolution, with
thanks. .
31. Moved by Supervisor Murphy, seconded by Councilman Penny; it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following •198T Budget Modification to the Nutrition Program:
Revenues
2705' Gifts and, Donations $2,000. 00
_Appropriation
6772.2 Programs for Aging, Equipment $2,000- 00
to appropriate $2,'000'. 00 donation to the Nutrition Program from C.R.O.P.
31.-Vote of ,the Town Board : Ayes Councilman Penny, Councilwoman Cochran,
councilman Schondebare, Councilman Stoutenburgh, Supervisor 'Murphy.
This` resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . And. Number 32. is 'to amend ..our.agreement with our part-
time Bay Constable,on Fishers Island, John-Clavin. I offer that.
32. Moved by Supervisor Murphy,. seconded by Councilman Schondebare,_. it 'was
RESOLVED that the Town Board of the Town of Southold hereby amends their=lagree-
ment with. part-time' Bay Constable, John Clavin' Fishers Island, to increase the
amount allowed for seasonal docking facility space at Fishers Island Development
Company marina' (Pirates Cove Marine) from '$750.'00 to the actual slip fee of $1,-040. 00,
and .an increase in his 'fee from $1,000.-00 to.. $1,500.'00 for the term of the agreement.
32.-Vote ,of the Tow n.' Board :. Ayes: Counci Iman Penny,' Counci(woman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, :Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 331s 'to grant permission to Valentine J. and Erika
J: . Pust for permission to place` a rented single family house trailer on their'property
on the north side of County Route 48, east of Mill Road, Peconic' for ,the months
of June and 'July-while their new home is 'under construction. I offer that resolution.
33. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it-'was
RESOLVED that the application of Valentine J. E Erika J. Pust for permission to
place a rented single family house trailer on their property on the north side of
County Route 48, east of Mil Road, Peconic; for the months of June and July,
while their'residence is under construction, be .and hereby is granted.
33.-Vote ,o.f the-'town Board.: Ayes: Councilman. Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 34 is 'to execute an agreement with another
part-time Bay Constable on. Fishers Island.
34. Moved by Councilman Penny, seconded by Councilwoman Cochran, :it 'was
RESOLVED that the Town Board of the Town of Southold .hereby authorizes and
directs Supervisor Francis 'J. Murphy to execute an agreement between the Town
of.Southold and Steve Malinowski, 'PhD. to perform Assistant Bay Constable services-
for the Town of Southold by patrolling the waterways in' and around the Town of.
Southold to ass r,6' the proper and safe use of said waterways by .:boatmen and others,
for the term January 1, 1987 through December 31, 1987, at a fee of $1,500.'00
-for the term-of this agreement;- Dr. Mali.nowski to supply his own boat, together
with the necessary outboard motor and required equipment. and -fueVfor the operation
of said boat, and be responsible for any and all. expenses for the repair'and maint-
enance of said' equipment.
34.-Vote of the Town Board: Ayes : Councilman Penny,. Councilwoman Cochran, .Council-'
man Schondebare, Councilman Stoutenburgh, :Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 35 is 'to set a public hearing at..8:00 P.M.,
Tuesday, June 2nd, Southold Town Hall, on the .proposed "Local Law in' relation
to bazaars, fairs, carnivals, circuses and public'shows and entertainments. "
offer that resolution.
35. Moved by Supervisor Murphy, seconded by Councilman Schondebare,
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 bazaars, fairs, carnivals,
circuses and public shows and entertainments," now, .therefore, be it
RESO.L'VED. that_the Town Board hereby sets 8:00 P.M. , Tuesday, June 2, '19871
Southold Town Hall, Main Road, Southold,. New York, as time and place for apublic'
hearing on the aforesaid' proposed. Local Law which reads as follows, to wit: .
LOCAL LAW. NO. - 1987
A. Local Law in' relation to bazaars, fairs, carnivals,
circuses and public shows and entertainments
124 MAY 19, 1987
BE IT ENACTED by the Town Board of the Town of .Southold as follows:
I. There is 'hereby created a new Chapter which shall be known as Chapter 27
of the Code of the Town of Southold, designated as follows:
Chapter .27
Bazaars, fairs, carnivals,
circuses and public'shows
and entertainments
Sec t ion .:27. 1. Certain' entertainments. prohibited; permits required.
A. To preserve public peace .and good order and to prevent tumultuous assemblagE
all public '.outdoor shows and entertainment, including, but not limited to, bazaars,
fairs, carnivals -and circuses are prohibited. in' the Town of Southold.
B. . Nothing herein'or in' the foregoing shall apply to bazaars, fairs, carnivals
circuses and other public'outdoor shows and entertainments that are approved in'
writing by the Town -Board .and held ..in'.the Town under .the sole management and
for the profit of local fraternal, charitable or religious organizations.
C. All applications to the Town Board for permits shall be in writing and
shall supply the name and address of the organization and its officers making such
application and the nature of the affair; that the same is 'for charitable purposes;
the length of time contemplated and the exact location where the same is to be
coed ucted.
D. Applications for approval of any temporary structures must be submitted
to the Building Department.
E. All other public'activities which are not a permitted use under the Southold
Town Code shall regUi.re the approval of the Zoning Board of Appeals.
_. II. This local law shall take effect upon its filing with the Secretary of State.
35.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Supervisor_Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 36 is 'to set a public hearing for 8:05. P.M. ,
Tuesday, June 6th on the proposed "Local Law Authorizing the Issuance of Appearance
Tickets by Traffic Control Officers." I offer that.
36. Moved by Supervisor Murphy, seconded: by Councilman Penny,
WHEREAS, there has been presented to the Town Board of the Town of Southold:
a proposed ILocal. Law entitled, "A Local Law Authorizi'n' the Issuance of Appearance
Tickets by Traffic Control Officers," .now, therefore, be it
RESOLVED that the Town .Board .hereby sets 8:05 'P.M. , Tuesday, June 2, 198T,..
Southold Toven Hall, Main Road, Southold,. New York, as time and place fora public'
hearing on the aforesaiid��Local Law which reads as follows, to wit:
LOCAL LAW. NO. _ 1987'
A Local Law Authorizi'n' the Issuance of Appearance
Tickets by Traffic Control. Officers
BE IT' ENACTED by the Town Board of the Town of Southold as follows:
I. ' Chapter 26, Section 26-2. of the. Code of the Town of Southold is 'hereby amended
by adding a new paragraph thereto, to. be paragraph (D) , as follows:
D. Traffic'Control Officers. Any State statute, local law,
ordinance, rule or regulation relating to the movement,
parking, stopping or .standing of vehicles.
II. This local law shall take effect. upon its filing with the Secretary of State.
36.-Vote .of the Town. Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh,. Supervisor Murphy.
This ' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And. Numiber 37 is Ito set another. public'hearing at 8: 10
P.M. on Tuesday, June 2nd, Southold Town Hall, on a "Local Law to, amend Chapter
92 of the Code of the Town of Southold in relation to traffic regulations. " 1 offer
that.
37. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed. Local Law entitled, "A Local Law To amend Chapter 92 of the Code
of the Town of Southold in 4 relation to traffic res ulations," now, therefore, be it
RESOLVED that the Town Board hereby sets 8: 10 P.M. , Tuesday, June 2, 1987,
Southold Town Hall, Main Road, Southold,. New York,. as time and place fora 12ublic
hearing on the aforesaid' proposed Local Law which reads as follows, to wit:
LOCAL LAW NO. - 1987
A. Local Law to amend Chapter 92 of the Code
of,the ,Town of Southold in relation to traffic regulations
BE_-IT'. ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 92 of the Code of the Town of Southold is hereby amended as follows:
1. By amending Section 92-30 (Stop intersections with stop signs) by adding
thereto the following:
124A :'-
MAY 19, 1987
At Location
Stop.Sign on of Travel Intersection with (Hamlet.)
- Robinson Road Northerly Champlin Place Green port
(eastern intersection) p
Robinson Road. Northerly 'Champlin' Place Greenport
(western intersection)
II: This 'Local Law shall take effect,.upon its filing with the Secretary -of State.
37.-Vote of the Town Board : Ayes': Councilman Penny, Councilwoman Cochran, ..Council-'
man Sc ondebare, ouncilman -Stoutenburgh, -Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 38 is *to set 8:15 P.M. for a public hearing
on Tuesday, June 2nd on a proposed "Local' Law-in relation to the Regulation and
Control of Alarm Systems." I offer that..
38. Moved by Supervisor Murphy, seconded by Councilman Schondebare,
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 the Regulation and Control
of Alarm Systems," now, therefore, be it -�
RESOLVED that the Town Board. h:erieby. sets 8:15 P.M., Tuesday, June 2, 1987;
'Southold Town Hall, Main Road, Southold,. New York, as time and place fora public:
hearing on the aforesaid' proposed.: Local Law which reads as follows, to wit'
LOCAL LAW. NO. - 1987�
A Local Law _i n' relation to the Regulation
and Control of'-Alarm Systems
BE IT ENACTED by the. Town Board of the Town of Southold, as follows:
I. ' That Chapter 24 be added to the Code of the. .Town of Southold as follows:
Chapter. 24:
Alarm Systems
Section 1. Purpose.
The purpose of this ' local law is 'to .establish standards and controls of the
various types of fire, intrusion, holdup and other emergency signals from fire
and police alarm ' services that require fire department or police responses,
investigation or safeguarding of property at the location of an event reported
by a signal which is ' transmitted- by telephone or radio ' to the Police or Fire
Department from a central station as hereinafter defined.
Section 2. Definitions.
For the purpose of this local law, the following definitions shall apply:
ALARM -AGENT - Any person who is. -employed - by any-. business, firm,
corporation or other commercial entity that is 'licensed- hereunder to conduct the
business of owning, operating, maintaining, installing, leasing or selling -fire or
police alarm devices whose duties include any of the ..following: selling,
maintaining, leasing, 'servicing, repairing, - altering, replacing, moving .' or
installing, in or on any. building, place or premises, any fire or police alarm
device. as defined in'this local law within the Town of Southold.
ALARM .INSTALLATION - ...Any fire or police alarm device or aggregation of fire
or police alarm devices installed on or within a- single building on or within'
more than one (1) building or area adjacentlylocated on a- common site at a
specific location.
-BUSINESS LICENSEE - Any business, --firm, ' corporation or other commercial
entity. which is in' the business of owning, -operating, maintaining, . installing,
leasing or selling a fire or police .alarm device or devices or system of fire or
police, alarm- devices which' business, firm or ..corporation or other commercial
entity is an owner, operator, provider of maintenance, service, _installer, lessor
or seller of said - device, or system of devices subject to the license.
_.requirements of this ' local law.
CENTRAL ALARM STATION - Any facility operated by a private firm that owns
or leases a system of fire or police alarm devices which - facility is manned by
operators who receive, record or validate alarm signals and relay information
about, such validated signals. to the Police or Fire Department when appropriate.
DIAL ALARM - Any fire or police alarm device which is ' a telephone device or
telephone. attachment that automatically or electronically selects -a telephone line
connected to a central alarm station or- police headquarters and reproduces .a
pre-recorded message to report- a criminal act or other emergency : requiring
Police of Fire Department.
DIRECT ALARM-. - Any fire or police alarm: device connected directly by leased
telephone wires from.,-the specified location_ to police headquarters or the fire
department.-
125
MAY 19 1987
EMERGENCY ALARM - Any. fire or police alarm device designed to be actuated
by a fire criminal act or other emergency at a specific`location or by a victim' of
a hold-up robbery or other emergency or criminal act at a specified location.
FALSE EMERGENCY ALARM - Any signal actuated by an emergency alarm to
which the police or fire. department responds which is not the result of a fire,
robbery or other crime or emergency.
FIRE DEPARTMENTS Buildings owned by the Fire Districts of Mattituck,
Cutchogue, Southold, East Marion, Orient, Fishers .Island.
FIRE OR POLICE ALARM DEVICE - Any device which, when actuated by. a fire,
criminal act or other emergency requiring Police or Fire Department response,
transmits a pre-recorded .message or other signal by a telephone, radio or other
:means to a central alarm station or, directly to the Police or Fire . Departments
produces an audible or visible signal designed to notify persons within audible
or visible alarm range of the signal.
INTRUSION - Any entry into an area or building equipped with one (1) or more
police and fire alarm devices by any person or object whose entry actuates a
police alarm device.
LICENSING AUTHORITY - The Town of Southold or its designated agent.
POLICE HEADQUARTERS - Police headquarters and other enclosures housing
privately or publicly owned equipment serving the police.
Section 3. License Required: Authority to Grant Licenses and Permits: Time
Limit for Compliance.
A. It shall be unlawful for any person, business, firm, corporation or other
commercial entity to operate, maintain; install, lease or sell a fire or police alarm .
device or devices or system of fire or police alarm devices, as defined by the
terms of this local law without first obtaining a license as hereunder provided.
B. Authority to Grant Licenses and Permits.
(1) The licensing authority is hereby authorized to grant a .revocable
licpnse to any business, firm, . corporation or other commercial entity,
authorizing said.' business, firm, corporation or other commercial entity
to do business in' the Town of Southold by performing any or all of
the following, functions : own, operate, maintain, install, lease or' sell a
fire or police alarm device or devices or system of fire or police alarm-
devices.
The licensing authority is hereby authorized to grant a revocable
license to any alarm agent.
The licensing authority is ' hereby authorized to grant a revocable
permit to. any owner of property located within the Town of Southold
or the lessee thereof to operate, maintain'. install and modify a fire or
police alarm device.
- -- Applications for licenses and permits.
C. Applications for licenses and permits shall be made as follows:
(1) All businesses, firms , corporations or other commercial entities which .
are in' the business of owning, operating, maintaining,. installing,
leasing or selling a fire or police alarm device or devices or system of
fire or police alarm device or devices, who desire to conduct business
in the Town of Southold shall apply to the licensing authority for a
business license, on a form to be supplied by the licensing authority.
The application_ shall contain specific'provisions relating to the quality,
efficiency and effectiveness of the device or system of devices owned
or to be operated, maintained, installed, leased or sold by the
business licensee, testing procedures involved and any other
information the licensing authority shall determine to be law.
(2) Such business license shall be issued for a one-year period, on a
calendar year basis or a part thereof, and no license shall extend
beyond December 31 of each year. Notwithstanding this provision, a
person having -a business license may conduct such business through
January 31 of the year following the expiration of his 'business license...
126 MAY 19, 1987
(3) Any person who is to be an alarm agent in the Town of Southold
before acting as such alarm agent shall apply for and receive a
revocable alarm agent license. The application shall be made to the
licensing authority on a form to be supplied by the' licensing
authority. The .application shall contain specific provisions relating to
the fire or police alarm device or devices, holdup alarms, dial alarms
or alarm installations which are to be sold, leased, installed, operated
or maintained by the alarm agent, the skill and competency of the
applicant as an alarm agent and such other information the licensing
authority determines to be reasonably necessary to effectuate the
purpose of this local law. Such calendar year basis 'or a part thereof,
and no license shall extend beyond December 31 of each year. The
applicant, upon submission of this application, shall be fingerprinted
and photographed by the Town of Southold Police Deparimer;i.
Notwithstanding this provision, a. person having an alarm agent
license may act as such alarm agent through January 31 of the year
following the expiration of his license.
(4) Any property owner or lessee of property in the Town of Southold
having on his or its premises a fire or police alarm device or system
of fire or police alarm devices shall apply to the licensing authority
for a permit to own or otherwise have such device on his ' or its
premises. The application shall contain provisions relating to the
device or system of devices installed or to be installed on the
premises. Application for permits for fire or police alarm devices.
existing in premises on the effective date of this local law must be
made to the licensing authority by 1987. No such device
may
p
_ _be _ installed on the remises of the owner or lessee and no
..
presently existing fire or "police alarm device complying with the
provisions of this : local law shall be' modified. after the effective date
of this local law prior to the licensing authority's having issued a
permit 'to such owner or lessee. Such permit need not be obtained on
an annual basis; but shall be- obtained each time a device or system is
to be installed or modified.
Section 4. License Fees.
License fees shall be as follows.:
A. Business License: One Hundred Dollars ($100. 00) per calendar
year or part thereof.
B. Alarm Agent: Twenty-five Dollars ($25. 00) per calendar year or
part thereof.
C. Owner or Lessee Permit: No Charge.
Section 5. User Fees.
There shall be payable to the Town of Southold a fee of two dollars
($2. 00) per month for a fire or police alarm device or devices installed on
the premises of any owner or lessee. Such user fee shall be payable in the
first instance by the business licensee who services the fire or police.
alarm device or devices-of the owner or lessee, but, upon the failure of
the business licensee to'. make such payments when they become due, the
owner or lessee of the premises shall thereupon become liable for any
unpaid: user fees. Such user fees shall be paid' to the Town Clerk monthly
in' advance of the first. day of each month. Upon failure to make any such
payment, the Town shall have the right to proceed by civil action to
collect such user fees. Failure to make any such payment after written
notice thereof has been given to the owner or lessee shall subject such
owner or lessee to the penalty provision of such law.
Section 6. Suspension or Revocation of Licenses.
A license issued under this .law may be suspended or revoked by the
licensing authority after notice and hearing by the licensing authority for
the violation of any of the provisions of this local law or any regulations
or regulations promulgated by the licensing authority pursuant to this local
law, and any license or identification card issued hereunder shall be .
surrendered immediately to the licensing authority upon such suspension or
revocation. No part of a license fee shall be refunded when a license is
suspended.,or revoked. Any applicant whose application for a license or
permit has been denied or any business license, alarm agent, owner or
lessee whose license has been suspended or revoked by the licensing
authority may appeal such denial, suspension or revocation in' writing to
the Town Board at a time and place to be determined by the Town Board
in support of his or its contention that the license should not have been.
denied , suspended or revoked. -
MAY 19, 1987r: .. 127
Section .7. Records.
Every business, firm, corporation or other commercial' entity
conducting the business of, owning,, operating, installing, leasing or selling
fire or police alarm devices within the Town of Southold shall maintain'
complete and accurate records of all installations of alarm systems in the
Town of Southold and shall provide such records on a monthly basis for
the licensing authority.
Section 8. General Provi sibfis.
A. Restrictions: No fire or police alarm device shall be connected directly
to the Town of Southold police headquarters or any Fire Department
without the express written consent of the Chief of Police or Board of
Fire Commissioners, respectively.
B, Direct Alarm -System : Any private firm engaged i n: the business of
burglar alarms or fire alarms and licensed by the Town of Southold
will' operate a facility which is ' manned by a trained operator who
receives, records and validates alarm signals and relays information
about such validated signals to the Southold Town Police Department
or Fire Departments on a special' telephone number set aside for- the
express purpose .of receiving such information. All central station
alarm facilities shall have the capability to electronically supervise all
alarm systems so that a trouble signal is ' indicated should there, be a
fault with any alarm system. The operator of any central alarm
company which calls police headquarters or the Fire Department to
report an active alarm will' identify himself or herself by name and the
name of the company and will provide accurate directions to the
protected premises at which the .alarm is 'sounding. The central alarm
company- shall further provide the name of the caretaker who is
responsible for resetting an activated alarm if 'the property owner or
lessee of the property is ' away. In the event that the caretaker is -
unavailable, the alarm company shall be responsible for resetting an
activated alarm.
C, Audible Alarm Device: Any property owner or lessee of property in
the Town of Southold shall, prior to the installation of an audible
signal designed to notify persons within the audible range of the
signal, obtain' a permit ' for same. Any such alarm device which
operates on house current must be equipped with a stand-by battery
power supply sufficient for at least twenty-four (24) hours. Any such
alarm device will'• incorporate a device whereby the system will-
automatically shut-off and/or reset. the audible alarm after the alarm
has sounded for a maximum period of thirty (.30) minutes. All
property owners or lessees having such alarm devices on their
premises shall further be required to provide the Police Department
and Fire Department with the name of a person who can respond to
the premises within a reasonable time. Said' person shall have the
capability of securing or, in' the case of fire, opening up said
premises for inspection' by the Fire Department. Every such audible
alarm device must be equipped .with a switch to silence the audible
alarm.
--- D. Intentional False, Alarm : It shall be a violation of this focal law to
intentionally cause a false hold-up alarm, and any person who does
intentionally cause a false hold-up alarm shall be subject to the
penalty provisions hereof.
E. Charges for False Emergency Alarms :
1. Any owner or lessee of property having a fire or police alarm .
device or system of fire or police alarm devices on his ' or its
premises on the effective date of this local law, and any user of
services or equipment furnished by a licensee under this local
law shall pay to the Town of Southold a charge for each and
every false emergency alarm to which the Police or Fire
Departments respond, in' each calendar year as follows:
(a) First and second false emergency alarm each calendar
year: No Charge.
(b) Third and all subsequent false emergency alarms each
calendar year: One Hundred ($100'. 00) Dollars.
2. The above charges shall be paid' to the Town. Clerk of the Town
of Southold. . Failure to pay any such charges shall subject such
owner, lessee or user to the penalty provisions of this local law.
128
MAY 19, 1987
F. Rules , Regulations and Enforcement: The licensing authority shall
promulgate rules-, regulations and standards which shall be approved
by the Town Board that may be necessary for the purpose of
assuring the quality, efficiency and effectiveness of fire or police
alarm devices and alarm installations owned, operated, maintained,
installed, leased or sold by a licensee under this ' local law, and to
facilitate the administration of this local law. The licensing authority
shall administer and enforce the provisions of this local . law. The
aforesaid rules, regulations and standards shall be set forth in
writing and copies shall be available for applicants.
Section 9. Special Provisions.
A. CENTRAL ALARM STATIONS SYSTEMS : The licensing authority is
hereby authorized to prescribe the locations and the manner of
installation of regular business telephone lines into police
headquarters from a central alarm station for the express purpose of
providing direct telephone communication between the central alarm
station and police headquarters for use in reporting alarms.
B. EXCEPTIONS :. None of the provisions of this local law shall apply to a
fire or police alarm device or devices installed in a motor vehicle or
trai ler.
C. SEVERABI LITY : 'if any part ' or parts of this local law are for any
reason 'held to be invalid'. such decision shall not affect the validity
of the remaining portions of this local law. The Town Board hereby
declares that it 'would have passed the local law enacting this local
law and each section, subsection, sentence, clause and phrase
thereof, irrespective of the fact that any one (1) or more sections,
subsections, sentences, clauses or phrases might be declared invalid.
Section 10. Penalties for Offenses : Any person, firm or corporation who does not
pay any charge. or fee established in this local law or who violates
any provision of this ' local law shall be subject to a fine not in excess
o Two-hundred Fifty ($250.00) Dollars for each offense. A separate
offense shall be deemed committed upon each day during which a
violation occurs or is committed and such violation may constitute
disorderly conduct.
11. This 'Local Law shall become effective upon its filing with the Secretary of
State of the State of New York.
38.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This ' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 39(a) we're going to declare a lead agency on
the proposed " Local Law to establish a Landmark Preservation Commission and to
prescribe its duties."
39. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
(a) RESOLVED that the Town Board of the Town of Southold hereby declares itself
lead aqency in Iregard to the State Environmental Quality Review .Act in' the matter.
of .- proposed Local Law entitled, "A Local Law to establish a Landmark Preservation
Commissioner and to prescribe its duties."
39.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council
(a) man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This ' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 39(b) is to transmit 'this 'proposed "Landmark
Preservation Law" to the Suffolk County Planning Commission and our. Town Planning
Board for comments.
39. Moved by Councilwoman Cochran, seconded by Councilman Schondebare,
(b) WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local Law entitled, "A Local Law to establish a Landmark Preservation
Commission and to prescribe its duties," now, therefore, be it
RESOLVED that the Town Clerk be and' she hereby is authorized and directed to
transmit this proposed Local Law to the Southold Town Planning Board and Suffolk
County Department .of Planning in accordance with the Code of the Town of Southold
and the Suffolk County Charter. . Said proposed Local Law reads as follows, to wit:
LOCAL LAW. NO. - 1987
A Local Law to establish a Landmark
Preservation Commission and to prescribe its duties
MAY 19, 1987 129
' .
BE IT ENACTED. by the Town Board of the Town of Southold as follows:
I. Chapter 56 of the Code of the Town of Southold, designated Landmark Preservation
and originally adopted by the Town Board of the Town of Southold on January
18, 1983, as Local Law No. 1 of 1983, is hereby repealed Wits entirely and the
following Landmark Preservation Law, to be known as Chapter 56 of the Code of
the Town of Southold, be and hereby is 'enacted Wits its place and stead:
Section 56-1. Short Title
This ' chapter shall be known and may be cited as the "Landmark
Preservation Law of Southold Town".
Section 56-2. Declaration of Purpose and. Policy
The Town Board finds there exists in� the Town of Southold structures,
buildings and sites of historic or architectural significance,. antiquity,
uniqueness of. exterior design or . construction, which should be conserved,
protected and preserved to preserve the architectural character of Southold
Town, contribute to the aesthetic' value of the Town, and promote the general
good, welfare, health and .safety of the Town and its residents. Therefore, it`'is
the purpose and policy of this chapter to establish a Landmark Preservation
Commission and the procedures which it can follow to assist Southold"Town
owners of buildings, structures and sites in' order to conserve, protect` and
preserve such structures, buildings and sites thereby preserving the unique
character of Southold Town which will' substantially improve property; and
commercial values in the Town and make its hamlets even better places in'which
to live. .
Section 56-3. Definitions
As used in' this ' Chapter, the following terms shall - have the meanings
indicated:
COMMISSION - -.The Landmark Preservation Commission established pursuant to
this *Chapter.
EXTERIOR ARCHITECTURAL FEATURES - The architectural style, design,
general arrpngement and components of all of the outer surfaces of any bu.i Idi ng
or structure.
HISTORICAL SIGNIFICANCE - The quality of a building, structure or site
based upon its identification .with historic' persons or events in' the Town of
Southold.
ARCHITECTURAL SIGNIFICANCE - The quality of a building or structure based
on its -date of erection, style and scarcity of same, quality of design; present .
condition and appearance or other characteristics that embody the distinctive
characteristics of a type, period or method of construction.
LANDMARK - Any structure, building or site which has historical or
architectural significance.
LANDMARK DESIGNATION - The designation of a Landmark pursuant to the
provisions of this Chapter.
STRUCTURE - Any assembly of materials, forming a construction framed of
component structural parts for occupancy or use, including buildings.
Section 56-4. Landmark Preservation Commission
A. There is ' hereby created a Landmark Preservation Commission which shall
consist of a minimum of five (5) . members to be appointed by the Town
Board , to serve without compensation. These members shall consist of the
following, to the extent available in' the community: an architect -
engineer; an historian; a licensed real estate broker; an attorney; a
resident of an historic' district; a resident who has demonstrated
significant interest in and commitment to the field of historic preservation
evidenced either by involvement in' a local historic ' preservation group,
employment or volunteer activity in the field of historic' preservation, or
other-serious interest in' the field.. All members shall have a known interest
in historic preservation and architectural development within' the Town of
Southold.
MAY 19, 1987
13.
B. The term of office of each member appointed to said Commission shall be
two (2) years, provided, however, that of those members first appointed,
three (3) shall be appointed for one (1) year, and two (2) shall be
appointed for two (2) years. If'a vacancy occurs other than by expiration
of a term, it ' shall be filled by the Town Board by appointment to the
unexpired term.
C. Meetings of the Commission shall be open to the public: ..Meetings of the
Commission shall be held monthly at such times as the Commission may
determine, or . at the call of the Chairman, or at the request of two
members. A majority of the authorized members of the Commission shall
constitute a quorum for the transaction of business. The Commission shall
keep written minutes of its meetings,. showing the vote of each member
-upon all questions voted .upon, and_ such minutes, together with all records
of the Commission shall be promptly filed with the Town Clerk.
D. The Commission shall recommend from its members, for Town Board
approval, a Chairman who shall serve for a term of one year, or until his
successor is appointed.
E. The Commission may incur such expenses in- the performance of its duties
as may be authorized and appropriated by the Town Board.
Section 56-5. Duties of the Commission
The duties of the Commission shall include:
A: Employment with Town Board approval of staff and professional consultants
as necessary to carry out the duties of the Commission.
B. Promulgation, with Town Board approval, of rules and regulations as
necessary for the conduct of its business.
C. Adoption of certain' criteria for the identification of significant historic;
architectural, and cultural landmarks.
D. Conduct of surveys of significant historic, architectural, and cultural
landmarks within the Town.
E. Designation of identified buildings, structures and sites as landmarks.
F. .-Acceptance, with Town Board approval, of the donation of facade
easements and development rights; the making of recommendations to the
Town government concerning the acquisition of facade easements or other
interests it real property as necessary to carry out the purposes of this
act.
G. Increasing public awareness of the value of historic, cultural and
. architectural preservation by developing and. participating in public
education programs.
H. Making recommendations to the Town government concerning the utilization
of state, federal or private funds to promote the preservation within the
Town.
I. Recommending acquisition of a landmark structure by the Town government
where its preservation is ' essential to the purposes of this act and where-
private preservation is 'not feasible.
J. Approval or disapproval of applications for Certificates of Appropriatness
pursuant to this act.
Section 56-6. Landmark Designation
A. The commission may designate an individual property as landmark if 'it:
1. Possesses special character or. historic' or aesthetic' interest or value
as part of the cultural, political, economic' or social history of the
locality, region, state or nation; or
2. Is identified with historic'personages; or
3. Embodies the distinguishing characteristics of an architectural style;
or
4. Is the contribution of a designer whose creation has significantly,
influenced an age; or
"
MAY 19, 1987 131
5. Represents an established and " familiar visual feature of this
neighborhood,, because of a unique location or singular_. physical
characteristic. .
B. The Commission may designate a group of properties an historic'dist.rict if
it: _
1. contains properties which meet one or more of the criteria ' for
designation of a landmark; and
2. by reason of possessing such qualities, it constitutes a distinct
section of Town.
The"'ADdundaries of each historic district designated henceforth shall be
specified in' detail ' and .shall be filed, in writing, in the Town Clerk's
Office for public information. The Town Clerk shall forward reports to the
Planning Board, the Building Department and the Zoning Board of
Appeals.
C. Notice of a proposed designation shall be sent by registered mail 'to the
owner of the property proposed for designation, describing the property
proposed and announcing a public hearing by the Commissioner to consider
the designation. Where the proposed designation involves so many owners
that individual notice is not feasible, notice may instead be published at
least once in a newspaper of general circulation and at least thirty (30)
days prior to the date of the public hearing. After the Commission has
issued notice of a proposed designation, no building or demolition permits
shall be issued by the building inspector until the Commission has made its
decision.
D. The Commission shall hold a public* hearing prior to designation or any
landmark. The Commission, owners and any interested -parties may- present
testimony or documentary evidence at the hearing which will' become part
of a record regarding the historic, architectural, or cultural importance of
the proposed landmark. The hearing record may also contain staff reports,
public - comments, or other evidence. Staff reports wi 11 be made available to
the public.' A decision shall be rendered within thirty (30) days after the
close of the hearing.
E. The designation of property; as a Designated Landmark, pursuant to the
provisions of the Chapter shall not become effective until 'such property is '
entered in Register. of Designated Landmarks and filed with the Town
Clerk. The Town Clerk shall forward reports to the Planning Board, the
Building Department and the Zoning Board of Appeals.
Section 56-7. * Review of Alterations, Demolition or New Construction Affecting
Landmarks or Historic'Districts
A. Certificate of Appropriateness - No person shall carry out any exterior
alteration, restoration, reconstruction, demolition, new construction or
moving of landmark, nor shall any person make any material changes in'its
appearance, its light fixtures, signs, sidewalks, fences, steps, paving or
other exterior elements visible from a public' street or alley which affect
the appearance and cohesiveness of the landmark, without first obtaining a
Certificate of Appropriateness from the Landmark Preservation Commission.
B. Criteria for Approval of a Certificate of Appropriateness
1. In passing upon an application for a Certificate of Appropriateness,
the Landmark Preservation Commission shall not consider changes to
interior spaces, unless they are open to the public'. or to
architectural features that are not visible from a public street or
alley.
The Commission's decision shall be based upon the following
pri nciples
(a) . Properties which contribute to the character of the landmark
shall be retained, with their' historic features altered as little as
possible;
(b) . Any alterations of an existing landmark shall be compatible with
its historic character; and
(c) . New construction on the property shall be compatible with the a
other features of the landmark.
1 32
MAY 19, 1987
2. In applying the principle of compatibility, the Commission shall
consider the following factors:
(a) . The general design, character and appropriateness to the
property of the proposed alteration or new construction.
(b) . The scale of proposed alteration or new construction in relation
to the property itself.
(c) . Texture, materials, and color and their relation to similar
features of other properties in the neighborhood.
(d) . Visual ccmpatibHlty with surrounding properties, including
proportion of the property's front facade, proportion - and
arrangement of windows and the rhythmic' spacing of other
properties on the street, including setback.
(e) . The importance of historic, architectural or other features to the
significance of the property.
C. Certificate of Appropriateness Application Procedure
1. Prior to the commencement of ' any work requiring Certificate of
Appropriateness the owner shall file an application for such a
Certificate with the Landmark Preservation Commission. The
application shall contain:
(a) . Name,, address and telephone number of applicant.
(b) . Location of property.
(c) . Elevation drawings of proposed changes, if available.
(d) . Perspective drawings, including relationship' to adjacent
properties i f'available.
(e) . Any other information which the Commission may deem necessary
in'order to visualize' the proposed work.
2. No building permit shall be issued for such proposed work until
a Certificate of Appropriateness has first been issued by the
Landmark Preservation Commission. The Certificate of
Appropriateness required by this act shall be in' addition to and
_ _not in lieu of any building permit that may be required by any
other ordinance of the Town of Southold.
3. The Commission shall approve, deny, approve the permit ' with
modifications or schedule .a hearing within ten (10) working days
from receipt of the completed application. The Commission may
hold a public hearing on the application at which an opportunity
will' be provided for proponents and opponents of the application
to present their. views.
4. All decisions of the Commission shall be in'.writing. A copy shall
be sent to the applicant by registered mail and a copy filed with
the Town Clerk's Office for public inspection. The Commission's
decision shall state the reasons for denying or modifying any
application.
D. Hardship Criteria '
An applicant whose Certificate of Appropriateness has been denied may
apply for relief from the Landmark Designation on the grounds that
designation is working a hardship' upon himself. In order to prove the
existence of hardship, the applicant shall establish that:
1. The property is ' incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible;
2. The property cannot be adapted for any other use, whether by the
current owner or by a purchaser, which would result in' a reasonable
return; and
3. Efforts to find a purchaser interested in' acquiring the property and
preserving it 'have failed; or
MAY 19, 1987 133
4. Maintenance of the property as a private residence, becomes .
unaffordable.
E. Hardship Application Procedure
1. After receiving written notification from the Commission of the denial
of a -Certificate of Appropriateness, an applicant may commence the
hardship' process. . No building permit ' or demolition permit shall be
issued unless the Commission makes a finding that a hardship. exists.
2. The Commission shall hold a public' hearing on the hardship
application at which an opportunity will be provided for proponents
and opponents of the application to present their views.
3. The applicant shall consult in' good faith with the Commission, local
preservation groups and interested parties in' a diligent effort to seek
an alternative that will result in preservation of the property.
4. All decisions of the Commission shall be in writing. A copy shall be
sent to _ the applicant by registered mail and a copy filed with the
Town Clerk's Office for public inspection. The Commission's decision
shall state the reason for granting or denying the hardship
application.
F. Enforcement
All work performed pursuant to a Certificate of Appropriateness issued
under this ordinance shall conform to any requirements including therein'.
It shall be the duty of the Building Inspector to' inspect periodically any
such work to assure .compliance. In the event work is ' found that is ' not
being performed in' accordance with the Certificate of Appropriateness, or
upon notification of such fact by the Landmark Preservation Commission,
the Building Inspector shall issue a stop work order and. all work shall
immediately cease. No further work shall be undertaken on the project as
long as a stop work order is 'in effect.
G. Maintenance and Repair'Required
Nothing in' this ordinance shall be construed to prevent the ordinary
maintenance and repai r'of any exterior architectural feature of a landmark
or property which does not include a change in' design or outward
appearance.
No owner or person with an interest in' real property designated as a P
landmark or included within a historic district shall permit the property to
fall into , a serious: disrepair• so as to result in' the deterioration of any
exterior architectural feature which would, in: the judgment of the
Landmark Preservation Commission, produce a detrimental effect upon the
character of the property itself.
Examples of such deterioration include:
1. Deterioration of exterior walls or other vertical supports.
2. Deterioration of roofs or other horizontal members.
3. Deterioration of exterior chimneys.
4. Deterioration or crumbling of exterior stucco or mortar.
5. Ineffective waterproofing of exterior walls, roofs, or foundations,
including broken windows or doors.
6. Deterioration of any feature so as to create a hazardous condition
which could lead to the claim that demolition is ' necessary for the
public safety.
H. Violations_
1. Failure to comply with any of the provisions of this ordinance shall be
deemed a violation and the violator shall be liable to a fine of not less
than nor more than for each day the violation
continues.
a.
MAY .19, 1987
134
2. Any person who demolishes, alters, constructs or permits a
designated property, to fall into a serious state of disrepair in
violation of -this ordinance shall be required to restore the property
and its site to its appearance prior to the violation. Any action to
enforce this subsection shall be brought by the Town Attorney. This '
civil ' remedy shall be in addition to and not in' lieu of any criminal
prosecution and penalty.
1. Appeals
Any person aggrieved by a decision of the Landmark Preservation
Commission relating to hardship or a Certificate of Appropriateness may,
within fifteen (15) days of the decision, file a written application with the
Town Board for review of the decision. `i ne 1'own Board may confirm,
reject, or modify the decision.
Section 56-8. Termination of Landmark Designation
Whenever a designated landmark is 'destroyed or its exterior is altered .to such
an extent that it ceases to have architectural significance, the Commission may,
by resolution, direct that it ' be removed from the Register of Designated
Landmarks. Prior to taking such action, however, the owner shall be `given.
written notice of such proposed action, and shall be given an opportunity to
.appear before the Town Board and be heard thereon.
Section 56-9. Severability
Each of the foregoing provisions of this ' chapter has been adopted in an
endeavor to preserve and extend the public welfare by preserving the
chacteristics of historic and/or architecturally significant structures or sites. In
the event that any portion of this ' chapter shall be determined invalid' such
determination shall not affect or result in' the invalidity of-any other provision
contained in this chapter.
II . This -Local Law- shall take effect upon its filing with the Secretary of State.
39. -Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-
(b) man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This ' resolution was declared duly ADOPTED.
AX
SUPERVISOR MURPHY: Number 40 will''be to set a public hearing at 8:20 on Tuesday,
June 2nd, on a proposed "Local Law in' relation to Flood Damage Prevention. " I
offer that resolution.
40. Moved by Councilwoman Cochran, seconded by Councilman Schondebare,
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 Flood Damage Prevention,"
now, therefore, be it
RESOLVED that the Town Board hereby sets 8:20 P.M. , Tuesday, June 2, 1987, _
Southold Town_Hall, Main Road, Southold, New York, as. time and place fora public
hearing on the aforesaid proposed Local Law which reads as follows, to wit:
LOCAL LAW NO. - 1987
A Local Law in relation to Flood Damage Prevention"
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
1. Chapter 46 of the Town Code of the Town of Southold, designated
Floodplain Management and originally adopted by the Town Board of the
Town of Southold on March . 11, :1980 as Local. Law No. 1 of 1980, is hereby
repealed in its entirety and the following Flood Damage Prevention Law, to
be known as Chapter 46 of the Code of the Town of Southold, be and
hereby is enacted in its place and stead:
SECTION 1. 0
STATUTORY AUTHORIZATION AND PURPOSE
1. 1 FINDINGS
The Town Board of the Town of Southold, Suffolk County, New York
finds that the potential and/or actual damages from flooding and erosion
may be a problem to the residents of the Town of Southold and that such
damages may include: destruction or loss of private and public' housing,
damage to public facilities, both publically and privately owned, and injury
to and loss of human life. In order to minimize the. threat of such damages
and to achieve the purposes and objectives hereinafter set forth, this 'local
law is adopted.
135
MAY 19 19
87
1.2 STATEMENT OFPURPOSE
It is the purpose of this local law to promote the public health,
safety, and general welfare, and to minimize public'and private losses due
to flood conditions in specific areas by provisions designed to:
(1) regulate uses which are dangerous to health, safety and
property due to water or erosion hazards, or which result in
damaging increases in' erosion or in' flood heights or velocities;
(2) require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time
of initial construction; .
(3) control the alteration of natural floodplains, stream channels,
and natural protective barriers which are involved in the
accommodation of flood waters;
(4) control filling, grading, dredging and other development which
may increase erosion or flood damages;
(5) regulate the construction of flood barriers which will' unnaturally
divert flood waters or which may increase flood hazards to other
lands, and;
(6) qualify and maintain' for participation in the National Flood
Insurance Program.
1. 3 OBJECTIVES
The objectives of this local law are:
(1) to protect human life and health;
(2) to minimize expenditure of public' money for costly flood control
projects;
(3) to minimize the need for rescue and relief efforts associates with
flooding and generally undertaken at the expense of the general
public;
(4) to minimize prolonged business interruptions;
(5) to minimize damage to public' facilitie' s and utilities such as water
-- and gas mains, electric,' telephone, sewerT lines, streets and
bridges located in' areas of special flood hazard;
(6) `to help maintain a stable tax base by providing for the sound
use and development of areas of special flood hazard so as to
minimize future flood blight areas;
(7) to provide that developers are notified that property is Wan
area of special flood hazard; and
(8) to ensure that those who occupy the areas of special flood
hazard assume responsibility for their'actions.
SECTION 2. 0
DEFINITIONS.
Unless specifically defined below, words or phrases used in' this 'local law shall
be interpreted so as to give them the meaning they have in' common usage and
to qive this local law its most reasonable application.
"Appeal" means a request for a review of the Local Administrator's
interpretation of any provision of this 'Local 'Law or a request for a variance.
"Area of shallow flooding" means a designated AO or VO Zone on a community's
Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet
where a clearly defined channel does not exist, where the path of flooding is '
unpredictable and indeterminate, and where velocity flow may be evident.
"Area of special flood hazard" is ' the land in the floodplain' within a community
subject to a one percent or greater chance of flooding in' any given year. This '
area may be designated as Zone A, AE, AH, ' AO, Al-99, V, VO, VE, or V1-30.
It is also commonly referred to as the base floodplain' or 100-year floodplain:
1 6 MAY 19, 1987
"Base flood" means the flood having a one percent chance of being equalled or
exceeded in any given year.
"Basement" means that portion of a building having its floor subgrade (below
ground level) on all sides.
"Breakaway wall" means a wall that is 'not part of the structural support of the
building and isintended through its design and construction to collapse under
specific lateral loading forces without causing damage to the elevated portion of
the building or the supporting foundation system.
"Building means any structure built for support, shelter, or enclosure for
occupancy or storage.
"Cellar" - has the same meaning as definition of "Basement".
"Coastal high hazard area" means the area subject to high velocity waters
including, but not limited to, hurricane wave wash. The area is 'designated on a
FIRM as Zone V1=30, VE, VO or V.
"Development" means any man-made change to improved or unimproved real
estate, including but . not limited to buildings or other structures, ni,ining
dredging, -.filling, paving, excavation or drilling operations located within' the
area of special flood hazard.
"Elevated building" means a non-basement bui Idi ng built' to have the lowest/ floor
elevated above the ground level by means of fill' .solid foundation perimeter
walls, pilings , columns * (posts .and piers) , or shear walls.
"Flood" or "Flooding" means a general and temporary condition of partial or
complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters; or
(2) The unusual and rapid accumulation of runoff of surface waters from
any source. .
"Flood Hazard Boundary Map (FHBM) " means an official map or - community,
issued by the Federal Emergency Management Agency, where the boundaries of
the areas of special flood hazard have been defined but no water surface
elevation is provided.
"Flood Insurance Rate Map (FIRM) " means an offidal' map of a community, on
which the Federal Emergency Management Agency has delineated both the areas
of special flood- hazard and the risk premium zones applicable to the community.
"Flood Insurance Study" is the official report provided by the Federal
Emergency Management Agency. The report contains flood profiles, as well as
the Flood Boundary Floodway Map and the water surface elevations of the base
flood.
"Flood proofing" means any combination of structural and non-structural
additions, changes, or adjustments to structures which reduce or eliminate flood
-damage to- real estate or improved- real property, water and sanitary facilities,
structures and their contents.
"Floodway" - has the same mean as "Regulatory Floodway".
"Floor" means the top surface of an enclosed area i n' a building (including
basement) , i.e. , top of slab in' concrete slab construction or top of wood
flooring in wood frame construction.
"Functionally dependent use" means a use which cannot perform its intended
purpose unless it is located or carried out in' close proximity to water, such as
a docking or port facility necessary for the loading and unloading of cargo or
passengers, shipbuilding, and ship repair: The term does not include long-term
storage, manufacture, sales, or service facilities.
"Highest adjacent rade" means the highest natural elevation of the ground
surface, prior to construction, next to the proposed walls of a structure.
"Lowest Floor" means lowest level including basement or cellar of the lowest
enclosed area. An unfinished or flood resistant enclosure, usable solely for
parking of vehicles, bui.lding access, 'or storage in'_ an area other than a
basement is not considered a building's lowest floor; provided, that such
enclosure is not built so as to render the structure in violation of , the
applicable non-elevation design requirements of this Local Law:
MAY 19, 1987 137
"Manufactured home" means a structure, transportable in'one or more sections,
which is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. The:term also
includes park trailers, travel trailers, and similar transportable structures
placed on a site for 180 consecutive days or longer and intended to be improved
property.
"Mean Sea Level" means, for purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929 or other datum" AG which
base flood elevations shown on a community's Flood Insurance Rate Map are
referenced.
"Mobile home" - has the same meaning as "Manufactured home". •.
"National Geodetic' Vertical Datum (NGVD) " as corrected in' 1929 is a- vertical
control used as a reference for establishing varying elevations within' the flood
plain.
"New construction" means structures for which the "start of construction"
commenced on or after the effective date of this Local Law.
"Principally Above Ground" means that at least 51 percent of the actual cash
value,. excluding land value, is 'above ground.
"100-year Flood" - has the same meaning as "Base Flood".
"Regulatory Floodway" means the channel of a river or other watercourse and
the adjacent land areas that must be reserved in' order to discharge the base
flood without cumulatively increasing the water surface elevation more than a
designated height as determined by the Federal Emergency Management Agency
in'a Flood Insurance Study.
"Sand dunes" means naturally occurring accumulations of sand in ridges or
mounds landward of the beach.
"Start of Construction" means the initiation, excluding planning and design,' of
any phase of a project, physical alteration of the property, and shall include
land preparation, such as clearing, grading, and filling; installation- of streets
and/or wallf�vays; excavation for a basement,- footings, piers, or foundations or
the erection of temporary forms. It ' also includes the placement and/or
installation on the property of accessory 'buildings (garages, sheds) , storage
trailers, and building materials. For manufactured homes the "actual start"
means affixing ..of the manufactured home to its permanent site.
"Structure" means a walled and roofed building, a manufactured home, or a gas
or liquid storage tank, that is principally above ground.
"Substantial improvement" means any repair' reconstruction, or improvement of
a structure, the cost of which equals or exceeds 50 'percent of the market value
of the structure either:
(1) before the improvement or repai r'is 'started; or
(2) --if the structure has been damaged and is ' being restored, before the
damage occu.rr.ed.
For the purpose of this definition "substantial improvement" is considered
to commence when the first alteration of any wall, ceiling, floor or other
structural part of the building commences, whether or not that alteration affects
the external dimensions of the structure. The term does not; however, include
either:
(1) any project for improvement -of a structure to comply with existing
state or local building, fire, health, sanitary, or safety code
specifications which are solely necessary to assure safe living
conditions; or
(2) any alteration of a structure or contributing structure listed on the ..
National Register of Historic Places or a State Inventory of Historic
Places.
"Variance" means a grant of relief from the requirements of this local law which
permits construction or use in a manner that would otherwise be prohibited by
this local law.
MAY 19, 1987
138
SECTION 3. 0
GENERAL PROVISIONS
3. 1 LANDS TO WHICH THIS LOCAL LAW APPLIES
This local law shall apply to all areas of special flood hazards within the
jurisdiction of the Town of Southold.
3. 2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Emergency
Management Agency in' a scientific and engineering report entitled "The
Flood Insurance,-Study for the Town of Southold, Suffolk.. County, New
York", dated September, 1975, with accompanying Flood Insurance Rate
Maps and Flood Boundary-Floodway Maps is. hereby adopted and declared
to be a part of this Local Law. The Flood Insurance Study and map is 'on
file at the office of the Clerk of the Town of Southold.
3. 3 INTERPRETATION, CONFLICT WITH OTHER LAWS
This Local Law is ' adopted in' response to revisions to the National Flood
Insurance Program effective October 1, 1986 and shall superce8.e all.
previous laws adopted for the purpose of establishing and maintaining
eligibility for flood insurance.
In their' interpretation and application, the provisions of this local law shall
be held to be minimum requirements, adopted for .the promotion of the
public health, safety, and welfare. Whenever the requirements of this 'local
law are at variance with the requirements of any other lawfully adopted
rules, regulations, or ordinances, the ..most restrictive, or that imposing.
the higher standards, shall govern. _
3. 4 SEVERABI LITY
The invalidity of any section or provision of this local law shall not
invalidate any other section or provision thereof.
3. 5 PENALTIES FOR NON-COMPLIANCE
No structure shall hereafter be constructed, located, extended, converted,
or altered and no land shall be excavated or filled without full compliance
with the terms of this Local Law and any other applicable regulations. Any
infraction of the provisions of this Local Law by failure to comply with any
of its requirements, including infractions of conditions and safeguards
established in connection with conditions of the permit; shall constitute a
violation. Any person who violates this Local Law or fails to comply with
any of its requirements shall, upon conviction thereof, be fined no more
than $250 or imprisoned for not more than 15 days or both. Each day of
noncompliance shall be considered a separate offense. Nothing herein
contained shall prevent the Town of Southold from 'taking such other lawful
action as necessary to prevent or remedy an infraction. Any structure
found not compliant with the requirements of this Local Law for which the
developer and/or owner has not applied for and received an approved
variance . under Section 6. 0 will' be declared noncompliant and notification
sent to the Federal Emergency Management Agency.
3. 6 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection requi red - by this * local law is ' considered
reasonable for regulatory purposes and is ' based on scientific' and
engineering considerations. Larger._ floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes.
This local law does not imply that land outside the area of special flood
hazards or uses permitted within such areas will' be free from flooding or
flood damage. This local law shall not create liability on the part of the
Town of Southold., any officer or employee thereof, or the Federal
Emergency Management Agency, for any flood damages that result from
reliance on this local law or any administrative decision lawfully made
hereunder.
: ..
MAY 19, 1987 - 13 9
SECTION .4. 0
ADMINISTRATION
4. 1 DESIGNATION OF THE LOCAL ADMINISTRATOR
The Building Inspector is ' hereby appointed Local Administrator to
administer and implement this ' local law by granting or denying development ,
permit applications in accordance with its provisions.
4.2 ESTABLISHMENT OF. DEVELOPMENT PERMIT
A Development Permit shall be obtained before the start of construction or
any other development within the .area of special flood hazard as
establishes; in Section 3.2. Application ur a Development Permit shall be
made on forms furnished by the Local Administrator and may include, but
not be limited to: plans, in duplicate, drawn to scale and showing the
:nature; location, dimensions, and elevations of the area in question;
existing or proposed structures, fill, storage of materials, drainage
facilities, and the location of the foregoing.
4.2-1 APPLICATION STAGE
The following information is required where applicable;
(a) elevation in- relation to mean sea level of the proposed
lowest floor (including basement or cellar) of all structures :
(b) elevation in' relation to mean sea level to which any
non-residential structure. will be flood-proofed;
(c) w.hen required a certificate from a licensed professional
engineer or architect that the -utility floodproofing will meet
the criteria'in' Section 5. 1-3(1);
(d) certificate from a licensed. professional engineer-or architect
that the non-residential flood-proofed structure will meet
the flood-proofing criteria in Section 5.2-2; and
(e) description of the extent to which any watercourse will be
altered or relocated as a result of proposed development.
4. 2-2 CONSTRUCTION STAGE
Upon placement of cthe lowest floor, or flood-proofing by
-.whatever means, or upon placement of the horizontal structural
members of the lowest floor, whichever is ' applicable, it shall be
the duty of the permit holder. to submit ' to the Local
Administrator a certificate of the elevation of the lowest. floor,
flood-proofed elevation, or the elevation of the lowest portion of
the horizontal structural members of the..lowest floor,.whichever is '
applicable, as built, in� relation to mean sea level. The elevation
certificate shall be prepared by or under the direct supervision
of a licensed land 'surveyor or professional engineer and certified
by same. When flood-proofing is utilized for a particular
_building, the flood-proofing certificate shall be prepared by or
under the direct supervision of a licensed professional engineer
or architect and certified by same. Any further work undertaken
prior to submission and approval of the certification shall be at
the permit holder's risk. The Local Administrator shall review all
data submitted. Deficiencies detected shall be cause to issue a
stop-work order for the project unless immediately corrected.
4. 3 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR .
Duties of the Local Administrator shall include, but not be limited to:
4. 3-1 PERMIT APPLICATION REVIEW
(1) Review all development permit applications to determine that
the requirements of this local law have been satisfied.
(2) Review all development permit applications to determine that
all necessary permits have been obtained from those
Federal State or local governmental agencies from which
prior approval is 'requi red.
1 O MAY 19, 1987
(3) Review all development permit applications to determine if '
the proposed development adversely - affects the flood
carrying capacity of the area of special flood hazard. For
the purposes of this local law, "adversely affects" means
damage to adjacent properties because of - rises in flood
stages attributed to physical changes of. the channel and
the adjacent overbank areas. An engineering study may be .
required -of the applicant for this purpose.
(i) If there. is ' no adverse effect, then the permit shall be `
granted consistent with the provisions of this local
law.
(i i) If- there is an adverse effect, then flood damage
mitigation measures shall be made a condition of the
permit.
(4) Review all development permits for compliance with the
provisions of Section 5. 1-5, Encroachments.
4. 3-2 USE OF OTHER BASE FLOOD DATA
1.
When base flood elevation data has not been provided in'
accordance with Section .3.2, BASIS` FOR ESTABLISHING THE
AREAS OF SPECIAL FLOOD HAZARD, the Local Administrator
shall obtain; review and reasonably utilize any base flood
elevation data available from a Federal, State or other source,
including data developed pursuant to Section 5. 1-4(4) in' order
to administer Section 5.2, SPECIFIC STANDARDS.
4. 3-3 INFORMATION TO BE OBTAINED AND MAINTAINED
(1) Obtain' and record the actual elevation, in' relation to. mean
sea level, of the lowest floor, including basement or cellar
of all new or substantially improved . structures., and
whether or not the structure contains a basement or cellar.
(2) For all new or substantially improved . flood-proofed
structures :
(i) obtai n and record the actual elevation, i n' relation to
mean sea level, to which the structure has been
flood-proofed; and
(i i)` maintain' the flood-proofing certifications required in'
Sections 5. 1 ,and 5.2.
(3) In coastal high hazard areas, certification shall be obtained
from a registered professional engineer or architect that the
provisions of Section 5. 3-2(3) are met.
(4) Maintain.' for public:inspection all records pertaining to the
_ . provisions of this local law including variances when
granted and Certificates of Compliance.
4. 3-4 ALTERATION OF WATERCOURSES
(1) Notify adjacent communities and the New York State
Department of Environmental Conservation prior to any
alteration or relocation of a watercourse, and submit
evidence of such notification to the Regional Director,
Federal Emergency Management Agency, Region ll ,• 26
Federal Plaza, New York, NY 10278.
(2) Require that maintenance is ' provided within the altered or
relocated portion of said watercourse so that the flood
carrying capacity is :not diminished.
4. 3-5 INTERPRETATION OF FIRM BOUNDARIES
The Local Administrator shall have the authority to make
interpretations when there appears to be a conflict between the
limits of the federally identified area of special- flood hazard and
actual field conditions.
MAY 19, 1987. .-.
141
Base flood 'elevation data `established ""`pursuant to Section 3.2
and/or Section 4. 3-2, when available, shall be used to accurately
delineate the area of special flood hazards.
The Local Administrator shall use flood information from any
other authoritative source, including historical data, to establish
the limits of the area of special flood hazards when base flood
elevations are not available.
4. 3-6 STOP WORK ORDERS
(1) All floodplain' development found ongoing without an
approved permit shall be subject to the issuance of a stop
work order issued by the Local Administrator. Disregard of
a stop work order shall be subject to the penalties
described in Section 3. 5 of this Local Law.
(2) All floodplain development found noncompliant with the
provisions of this law and/or the conditions of the approved .
permit `shall be subject to the issuance of a stop work order
issued by the Local Administrator. Disregard of a stop work
order shall be subject to the penalties described in Section
3.5 of thi s ' Loca I Law.
4. 3-7 INSPECTIONS
The Local Administrator and/or the . developer's engineer or
architect shall make periodic' inspections at appropriate times
throughout the period of •construction in' order to monitor
compliance with permit conditions and enable said inspector to
certify that the development. is � in' compliance with the
requirements of either the development permit ' or the approved
variance.
CERTIFICATE OF COMPLIANCE
(1) It shall be unlawful to use or occupy or 'to permit 'the use
or occupancy of any building or premises, or both, or part
u thereof hereafter created, erected, changed, converted or
wholly or partly altered or enlarged in its. use or structure
until a Certificate of Compliance has been issued by the
Local Administrator stating that the building or land
conforms to the requirements of this 'local law.
(2) All other development occurring within the designated flood
hazard area will' have upon completion a Certificate of
Compliance issued by the Local Administrator.
All certifications shall be based upon the inspections conducted
subject to Section 4. 3-7 and/or any certified elevations,
hydraulic information, floodproofing, anchoring requirements or
encroachment analysis ' which may have been required as a
condition of the approved permit.
SECTION 5. 0
PROVISIONS FOR FLOOD HAZARD REDUCTION
5. 1 GENERAL STANDARDS
In all areas of special flood hazards the following standards are required:
5. 1=1 ANCHORING
(1) All new construction and substantial improvements shall be
anchored to prevent flotation, collapse, or lateral movement
of the structure.
(2) All manufactured homes shall be installed using methods and
practices which minimize flood damage. Manufactured homes
must be elevated and anchored to resist flotation, collapse, .
14 MAY 19, 1987 -.
or lateral movement. Methods of anchoring may include, but
are not to be limited to, use of over-the-top or frame ties
to ground anchors. This ' requirement is in' addition to
applicable State and local anchoring requirements for
resistin.g wind forces.
5. 1-2 CONSTRUCTION MATERIALS AND METHODS
(1) All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to
flood damage.
(2) All new construction and substantial improvements shall be
constructed using methods and"practices that minimize flood
damage.
5. 1-3 UTILITIES
(1) Electrical, heating, ' ventilation, plumbing, air conditioning
equipment, and other service facilities shall be designed
and/or located so as to prevent water . from entering or
accumulating -within the components during conditions of
flooding- When designed for location below the base flood
elevation, a professional engineer's or architect's
certification is required;
(2) All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood waters
into the system;
(3) New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood waters;
and
(4) On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during
flooding.
5. 1-4 SUBDIVISION PROPOSALS
(1) All subdivision proposals shall be consistent with the need
to minimize flood damage;
(2) All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical, and water systems
located and constructed to minimize flood damage;
(3) •All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage; and
-(4) Base flood elevation data shall be provided for subdivision
proposals and other proposed developments (including
proposals for manufactured home parks and subdivisions)
greater than either 50 lots or 5 acres.
5. 1-5 ENCROACHMENTS
All proposed development in riverine situations where no
flood elevation data is available (unnumbered A Zones) shall
be analyzed to determine the effects on the flood carrying
capacity of the area of special flood hazards set forth in
Section 4.3-1 (3) , Permit ' Review. This may require the
submission of additional technical data to assist in' the
determination.
5.2 SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation data has
been provided as set -forth in Section 3.2 BASIS FOR ESTABLISHING THE
AREAS OF SPECIAL FLOOD HAZARD AREAS and Section 4. 3-2, USE OF
OTHER BASE FLOOD DATA, the following standards are required:
-MAY 19, 1987 143
5.2-1 RESIDENTIAL CONSTRUCTION
New construction and substantial improvements of any
residential structure. shall:
(1) have the lowest floor,, including basement or cellar, elevated
- to or above the base flood elevation;
(2) have fully enclosed areas below the lowest floor that are
subject to flooding designed to ' automatically equalize
hydrostatic' flood forces on exterior walls by allowing for
the entry and exit of floodwaters. Designs for meeting this
requirement must either . be certified by a licensed
professional engineer or architect or meet or exceed the
following minimum criteria:
(i) a minimum of two openings having a total net area of
not less than one square inch for every square foot of
enclosed area subject to flooding;
(ii)'' the bottom of all , such openings shall be no higher
than one foot above the. lowest adjacent finished grade;
(iii) -openings may be equipped. with louvers, valves,
screens or other coverings or devices provided they
permit the automatic'entry and exit *of floodwaters
5.2-2 NONRESIDENTIAL CONSTRUCTION
New construction and substantial improvements of any
commercial, industrial or other non-residential structure,
together with attendant utility and sanitary facilities; shall-
either: have the lowest floor, including :.basement or cellar,
elevated to or above the base flood elevation; or be floodproofed
so that the structure is ' watertight below the base flood level .
with walls substantially impermeable to the passage of water. All
structural components located below the base flood level must be
capable of resisting hydrostatic' and hydrodynamic' loads -and the
u effects of bouyancy.
(1) If the structure is ' to be . elevated, fully enclosed areas
below the base flood elevation shall be designed to
automatically .(without human intervention) allow for the
entry and exit 'of floodwaters for the purpose of equalizing
hydrostatic' flood forces on exterior walls. Designs for
meeting this requirement must either be certified by a
licensed professional engineer or a licensed architect or
meet the following criteria:
(i) a minimum of two openings having a total net area of
not less than one square inch for every square foot of
enclosed area subject to flooding;
(ii)'' the bottom of all such openings shall be no higher
than one foot above the lowest adjacent finished grade;
and
(iii) openings may be equipped with louvers, valves,
screens or other coverings- or devices " provided they
permit 'the automatic'entry and exit of. floodwaters.
(2) If the structure is 'to be floodproofed:
(i) ' a licensed professional engineer or architect shall
develop and/or review structural design,
specifications, and plans for the construction, and
shall certify that the design and methods of
construction are in'accordance with accepted standards
of practice to make the structure watertight with walls
substantially impermeable to the passage of water, with
structural components having the capability of
resisting hydrostatic and hydrodynamic loads and
effects of bouyancy; and
-T
i
1 4,4 MAY 19, 1987
(IIY a licensed professional engineer or licensed land
surveyor shall certify the specific'elevation (in relation
to mean sea level to which the structure is
flood proofed.
The Local Administrator shall maintain on record a copy of
all such certificates noted in this section.
5.2-3 CONSTRUCTION STANDARDS FOR AREAS OF SPECIAL FLOOD
HAZARDS WITHOUT BASE FLOOD ELEVATIONS
(1) New construction or substantial improvements of structures
including manufactured homes shall have the lowest floor
(including basement) elevated at least 2 feet above the
highest adjacent grade next to the proposed foundation of
the structure.
(2) Fully enclosed areas below the lowest floor that are subject
to flooding shall be designed to automatically (without
human intervention) allow for the entry and exit ' of
floodwaters for the purpose of equalizi'ng hydrostatic flood
forces on exterior walls. Designs for meeting this
requirement must either be certified by a licensed
professional engineer or a. licensed architect or meet the
following criteria:
(i) ' a minimum of two openings having a total net area of
not less than one square inch for every square. foot of
enclosed area subject to flooding;
(ii) the bottom of all such openings shall be no higher
than one foot above the lowest adjacent finished grade;
(iii) openings may be equipped with louvers, valves,
screens or other coverings or devices provided they
permit the automatic entry and exit of floodwaters.
5.3 COASTAL HIGH HAZARD AREA
Coastal high hazard areas (V Zones) are located within' the areas of special
flood hazard established in' Section 3.2. These areas have special flood
hazards associated with high velocity waters from tidal surges and
hurricane wave wash; therefore, the following provisions shall apply:
5. 3-1 —LOCATION OF STRUCTURES
All buildings or structures shall be located landward of the
reach of the mean high tide.
5. 3-2 CONSTRUCTION STANDARDS
(1) Elevation Standards
- - All new construction or substantial improvements shall be
elevated on pilings, columns (or shear walls) such that the
lowest horizontal structural member supporting the lowest
elevated floor (excluding columns, piles, diagonal bracing
attached to the piles or columns, grade beams, pile caps
and other members designed to either withstand storm
action or break away without imparting damaging loads to
the structure) is ' elevated to or above the level of the base
flood so as-- not to impede the flow of water.
(2) Determination of Loading Forces
Structural design shall consider the effects of wind and
water loads acting simultaneously during the Base Flood on
all building components. Equations, procedures, and other
guidance for determining and utilizing design values for
these loadings are available in the documents referenced in'
Section 13.
MAY 19 1987 145
(i) . Water Loads
The structural design shall be adequate to resist water
forces that would occur during the Base .Flood.
Horizontal water loads considered shall include inertial
and drag forces of` waves, current drag forces, and
impact forces from waterborne storm debris. Dynamic
uplift loads shall also be considered if bulkheads,
walls, or other natural manmade flow obstructions
could cause wave runup beyond the elevation of the
base flood.
00 Wind Loads
(a) Buildings shall be designed and constructed to
resist the forces due to wind pressure. Wind
forces on the superstructure include windward
and leeward forces on vertical walls, uplift on the
roof, internal forces when openings allow wind to
enter the house, and upward force .on the
underside of the house when it isexposed. In-•the
design, the wind should be assumed to .flow
potentially from any lateral direction relative ..to
the house.
(b) Design wind pressures on a building and. its
components shall be derived from wind velocities
associated with storms with a 100 year mean
recurrence interval. The 100 year design wind
velocity is to' be taken as ' 95 mph. The design
method to be used is ' that set forth by the
American National Standards _ Institute, Section
A58. 1-1982.
(3) Foundation Standards
(1) The pilings or column foundation and structure
attached thereto shall be adequately anchored to resist
flotation, collapse " or lateral movement .due to the
AN effects of wind and high velocity water - loads acting
simultaneously on all building components. Foundations
must be designed to transfer safely to the underlying
soil all loads due to wind, water, dead load, live load
: and other loads (including uplift due to wind and
water) .
(i i) [Spread footings and] fill' material shall not be used
for structural support of a new building or substantial
improvement of an existing structure.
(4) Pile Foundation Design Standards
(i) Pile Spacing
The design ratio' of pile spacing to pile diameter shall
not be less than 8: 1 for individual piles; however this
would not apply to pile clusters located below the
design grade. The maximum center-to-center spacing
of wood piles shall not be more than 12 feet on center
under load bearing sills, beams, or 'girders.
00 Pile Embedment
Pilings shall have adequate soil penetration (bearing
capacity) to resist the combined wave and wind loads
(lateral and uplift) associated with the Base Flood
acting simultaneously with typical structure (live and
dead) loads, and shall include consideration ---
decreased resistance capacity caused by erosion of soil
strata surrounding the piles. The minimum penetration
for foundation piles is " to an elevation of 5 feet below
mean sea level (msl) datum if the BFE is +10 msl or
less, or to at least 10 feet below msl if the BFE is
greater than +10 msl.
.a
146 MAY 19, 1987
• (iii) Column Action
Pile foundation analysis ' shall also include consideration
of piles in column action from the bottom of the
structure to the stable soil ' elevation of the site.:
Pilings may be horizontally or diagonally braced to
withstand wind and water forces.
(iv) Pi le Standards
(a) The minimum acceptable sizes for timber piles are '
a top diameter of 8 inches for round timber piles
and 8 by 8 inches for square timber piles. All
-wood piles must be treated [in' accordance with
requirements of AWPA-C 3] to minimize decay and
damage from fungus.
(b) Reinforced concrete piles shall be cast of concrete
having a 28-day ultimate compressive strength of
not less than 5,000 'pounds per square inch, and
shall. be reinforced with a minimum of four
longitudinal steel bars having a combined area of
not less than 1 percent nor more than 4 percent
of the gross concrete area. Reinforcement for
precast pi Ids shall have a concrete cover of not
less than 1-1 /4 inches for No. 5 bars and smaller
and not less than 1-1 /2 inches for No. 6 through
No. 11 bars. Reinforcement for piles cast in the
field shall have a concrete cover of not less than
2 inches.
(v) Pi le Installation
Piles shall be drived by means of a pile driver or drop
hammer, jetted, or augered into place.
(vi) Bracing
(a) Additional support for piles in the form of
bracing may include lateral or- diagonal bracing
between piles.
(b) When necessary, piles shall be braced at the
ground line in both directions by a wood timber
grade beam or a reinfoced concrete grade beam.
These at-grade supports should be securely
attached to the piles to provide support even if
scoured from beneath.
(c) Diagonal bracing between piles, consisting of
2-inch by 8-inch (minimum) members bolted to the
piles, shall be limited in' location to below the
lowest supporting structural member and above
the stable soil ' elevation, and aligned in the
vertical plane along pile rows perpendicular to the
shoreline. Galvanized steel rods (minimum
diameter 1 /2 inch) or cable type bracing is
permitted in any plane.
(d) Knee braces, which stiffen both the upper portion
of a pile and the beam-to-pile connection, may be
used along pile rows perpendicular and parallel to
the shoreline. Knee braces shall be 2-by-8 lumber
bolted to the sides of the pile/beam, or 4-by-4 or
larger braces framed into the pile/beam. Bolting
shall consist of two 5/8-inch galvanized steel bolts
(each end) for 2-by-8 members, or one 5/8-inch
lag bolt (each end) for square members. Knee
braces shall not extend more than 3 feet below
the elevation of the base flood.
(5) Column Foundation Design
Masonry piers or poured-in-place concrete piers shall be
internally reinforced -to resist vertical and lateral loads, and
be connected with a moment-resisting connection to a pile
cap or pile shaft.
MAY 19, 1987 147
(6-) Anchoring Standards
All buildings and structures must have all components
adequately anchored and continuously connected from the
foundation to the roof, to prevent flotation, collapse, or
permanent lateral movement during the Base Flood
concurrent with the 100 year design wind velocity.
(7) Connectors and Fasteners
Galvanized metal connectors, wood connectors, or bolts of
size and number adequate for the calculated loads must be
used to connect adjoining components of a structure. Toe
nailihd- as -a principal method of connection .is not permitted.
All metal 'connectors and fasteners used in: exposed locations
shall be steel, hot-dipped galvanized after fabrication.
Connectors. in protected interior locations shall be fabricated
from galvanized sheet.
(8) Beam to Pile Connections
The primary floor beams or girders shall span the supports
in the direction . parallel to the flow of potential floodwater
and wave action and shall be fastened to the columns, or
pilings by bolting, with or without cover plates. Concrete
members shall be connected by reinforcement, if' cast
place, or (if' precast) shall be securely connected by
bolting or welding. If*sills, beams, or girders are attarched
to wood piling at a notch, a minimum of two (5/8)-inch
galvanized steel bolts or two hot-dipped galvanized straps
3/16 inch by 4 inches by 18 inches each bolted with two 1 /2
inch. lag bolts per beam member shall be, used. Notching of
pile tops shall be the minimum sufficient to provide ledge
support for -beam members without unduly weakening pile
_ connections. Piling shall not be notched so that the cross
section is I reduced below 50 percent.
(9) Use of Space Below the Lowest Elevated Floor
(i) The space. below the lowest floor of all new
construction or any existing building that is ' being
altered, repaired or improved after the effective date
of this Local Law shall be either kept free of
obstructions or constructed with non-supporting
breakaway walls, open wood lattice-work, or insect
screening intended to collapse under wind and water
loads without causing collapse, displacement, or other
structural damage to the elevated portion of the
building or supporting foundation system.
(ii) The enclosed space 'below the lowest floor shall be
used only for .parking of vehicles, building access or
storage. Use of this space for human habitation is.
expressly prohibited. The construction of stairs,
stairwells and elevator shafts only are subject to the
design requirements for breakaway walls in Section
5. 3-2(10) :
(10)' Breakaway Wall Design Standards
(i) A breakaway wall shall have a design safe loading
resistance of 'not less than 10 and not more than 20
pounds per square foot.
Grade beams shall be installed in both directions for
all . piles considered to carry the breakaway wall load.
(Knee braces are required for front row piles that
support breakaway walls.)
(iii) ' Use of breakaway walls exceeding a design safe
loading resistance of 20 pounds per square foot are
permitted only if 'a. licensed professional. engineer or
archi tect certifies, in writing to the Local
Administrator, that the designs proposed meet the
following conditions:
148 MAY 19, 1987 ..
(a) breakaway wall collapse shall result from a
water load less than that which would occur
durinq the base flood; and
the elevated portion of the building: and
supporting foundation system shall not . be
subject to collapse, displacement, or other
structural damage due to the effects of wind
and water loads acting simultaneously on all
building components. Maximum wind and .w.ater
loading values to be used in' this 'determination
shall each have one percent chance of being
equalled or exceeded in any given year
(100-year mean recurrence interval) .
(11) Utilities
All machinery and equipment servicing the building must
be elevated to or above the level of the base flood,
including heating, ventilating, and air conditioning
equipment, hot water heaters, appliances, elevator lift
machinery, and electrical junction and circuit ' breaker
boxes. Sanitary sewer and storm drainage systems that
have openings below the level of the base flood shall be
provided with automatic backflow valves or other automatic
backflow devices that are installed in' each discharge line
passing through a building exterior wall.
(12) Certification Requirements
For all new construction and substantial improvements to
residential structures in the Coastal High Hazard' Area,
applications for development permits shall be accompanied
by design plans and specifications, prepared in' sufficient
detail ' to enable independent review of the foundation
support and connection components to be used .i n meeting
Sections 5. 3-2(1-11) of this Law. Said plans and
specifications shall be developed or reviewed by a
licensed professional engineer or architect, and shall be
accompanied by a statement, bearing the signature of that
u architect or engineer, certifying that the design and
methods of construction to be used are in accordance with
accepted standards of practice and with all applicable
provisions of this Law.
(13) Reference Documents
Standard reference . documents for use with this' ' Law in'
determining design wind and water forces on structures
are:
Wind -- American National Standards Institute, Inc. ,
Minimum Design Loads for Buildings and Other
Structures, ANSI A58. 1-1982 (New York, 1982) .
Water -- Waterways Experiment Station, Shore Protection
Manual, two volumes, Department of the Army,
Corps of Engineers, Coastal Engineering
Research Center . (1984) .
Guidance on the application of information from above
reference documents, together with other design data and
procedures, is provided in:
Federal Emergency Management Agency, Coastal
Construction Manual (Washington, D.C. , 1986).
5. 3-3 DISTURBANCE OF SAND DUNES
There shall be no alteration of sand dunes which would
increase potential flood damage. Any disturbance of sand
and/or earthen material shall be conducted. in' strict compliance
with State or local Coastal Erosion Hazard Area regulations.
5. 3-4 SUBMISSION AND MAINTENANCE OF CONSTRUCTION RECORDS
(1) The applicant for a Development Permit ' for all new
construction or substantial' improvements .,shall submit ' in'
writing to the Local Administrator the followinq:
MAY 19, 1987 149
(i) a" stafement``certi fyi n�g whether or not the structure
contains a basement; and
DO ' the elevation (in' relation to mean sea level) of the
bottom of the lowest structural member of the lowest
floor of the structure. The elevation shall be
certified by a licensed professional engineer or land
surveyor.
(2) The Local Administrator shall maintain a record of all
information required under paragraph (1) of this Section.
SECTION 6. 0
VARIANCE PROCEDURE
6. 1 APPEALS BOARD
(1) The Zoning Board of Appeals as established by the Town of
Southold shall hear and decide appeals and requests for variances
from the requirements of this local law.
(2) The Zoning Board of Appeals shall hear and decide appeals when it
is alleged there is ' an error in' any requirement, decision, or
determination made by the Local Administrator in the enforcement .or
administration of this local law.
(3) Those aggrieved by the decision of the Zoning Board of Appeals
may appeal such decision to the Supreme Court pursuant to Article
78 of the Civil Practice Law and Rules.
(4) In' passing upon such applications, the Zoning Board of Appeals
-- . shall consider all technical evaluations, all relevant factors,
standards specified in other sections of this local law and:
(i) ' the danger that materials may be swept onto other lands to the
X. injury of others;
(ii)'' the danger to life and property due to flooding or erosion
damage;
(iii)" the susceptibility of the proposed facility and its contents to
—flood damage and the effect of such damage on the individual
owner;
(iv) the importance of the services provided by the proposed
facility to the community;
(v) the necessity to the facility of a waterfront location, where
applicable;
(vi) ' the availability of alternative locations for the proposed use
which are not subject to flooding or erosion damage;
(vii) the compatibility of the proposed use with existing and
anticipated development;
(viii) the relationship of the proposed use to the comprehensive plan
and flood plain management program of that area;
(ix) the . safety of access to the property in times of flood for
ordinary and emergency vehicles;
(x) the costs to local governments and the dangers associated with
conducting search and rescue operations during periods of
flooding;
(xi) the expected heights, - velocity, duration, rate or rise, and
sediment transport of the flood waters and the effects of wave
action, if 'applicable, expected on the site; and
(xi i) the costs of providing governmental services during and after
.flood conditions, including search and rescue operations
150 MAY 19, 1987
maintenance and repair of public utilities and facilities such as
sewer, gas,. electrical, and water systems and streets and
bridges.
(5) Upon consideration of .the factors of Section 6. 1(4) and the
purposes of this local law, the Town of Southold may attach such
conditions to the granting of variances as it deems necessary to
further the purposes of this local law.
(6) The Local Administrator shall maintain the records of all appeal
actions including technical information and report any variances to
the Federal Emergency Management Agency upon request.
6. 2 COND!T!01`!S FOP, VARIANCES
(1) Generally, variances may be issued for new construction and
substantial improvements to be erected on a lot of one-half acre or
less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, providing items
(i-xii) in' Section 6. 1 (4) have been fully considered. As the lot -size
increases beyond the one-half acre, the technical justification
required for issuing the variance increases.
(2) Variances may be issued for the reconstruction, rehabilitation or
restoration of structures and contributing structures listed on the
National Register of Historic' Places or the State Inventory of
Historic Places, without regard to the contributing structures
procedures set forth in' the remainder of this section.
(3) Variances may be issued by a community for new construction and
substantial improvements and for other development necessary for
the conduct of a functionally dependent use provided that:
(i) ' the criteria of subparagraphs _1 , 4, 5, and 6 of this section
are met;
the structure or other development is protected by methods
that minimize flood damages during the base flood and create
no additional threat to public'safety.
B) Variances shall not be issued Within any designated floodway if any
increase in flood levels during the base flood discharge would
result.
(5) Variances shall only be issued upon a determination that the
• variance is "the minimum necessary, considering the flood hazard, to
afford relief.
(6) Variances shall only be issued upon receiving written justification:
(i) a showing of good and sufficient cause.-
MY a determination that failure to grant the variance would result
_ in' exceptional hardship to the applicant; and
(iii) ' a determination that the granting of a variance will' not result
in increased flood heights, additional threats to public safety,
extraordinary public' expense, create nuisances, cause fraud
on or victimization of the public' or conflict with existing local
laws or ordinances.
(7) Any applicant to whom a variance is granted for a building with the
lowest floor below the base flood elevation shall be given written
notice that the cost of flood insurance will be commensurate with
the increased risk resulting from lowest floor elevation.
II . This Local Law shall take effect upon its filing with the Secretary of
State.
40.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This ' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 41 is to execute an application to the New
York State Office of Parks and Recreation for EQBA funds to acquire, protect,
develop or improve indoor, and outdoor rec facilities within the Town of Southold.
offer that resolution.
151
MAY 19, 1987
41. Moved by Supervisor Murphy, seconded-; by.-Councilwoman .Cochran, it was
RESOLVED that the .Town Board of-the Town of Southold hereby authorizes and
directs Supervisor Francis J. Murphy to execute a preliminary application to the
New York State Office of Parks, Recreation and Historic Preservation, for 1986
Environmental Quality Bond Act funds to acquire, protect, develop or improve
indoor and outdoor recreational facilities within'-the Town of Southold.
41.-Vote of the .Town Board : Ayes : Councilman Penny,- Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This resolution was declared duly 'ADOPTED.
SUPERVISOR MURPHY: Okay, would you like to act on the Local Law No. 4, which
we had a public'hearing on on traffic' regulations? (Board agreed. ) Okay, Local
Law No. 4 - 1987 be enacted, "A Local Law to amend Chapter 92 of the Code of
the Town of Southold in relation to traffic _regulations. ".. I offer that. resolution.
42. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh,
WHEREAS, a proposed . Local Law No. 4 - '1987 was introduced at a meeting of this
Board held ont he 1st day of May, '19871,. and
WHEREAS,. a public hearing was held thereon by this Board on the 19th-day of
May; -198T, at which time all interested persons were given an opportunity to be
heard thereon, now, therefore, be it '
RESOLVED that. Local Law. No. 4 - 19$7 be enacted as follows:
LOCAL LAW NO. 4 - 1987
A Local Law to amend Chaper.. 92 of the Code
of the Town of Southold in' relation to traffic regulations
BE IT: ENACTED by the Town Board, of the Town of Southold as follows:
Chapter 92 of the Code of the Town of Southold is hereby amended as follows:
1. By amending Section 92-41 (Parking Prohibited at all times) by adding
thereto the following:
Name of Street Side Location
Traveler Street South At Southold, from the southwest corner
of Traveler Street and Beckwith Avenue
Proceeding westerly for 111 feet to the
guardrail.'
2, - This. .local law shall take effect upon its filing. with the Secretary of State.
42.-Vote of the Tow n.,Board; Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man -Schondebare, Councilman Stoutenburgh,. Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISORuMURPHY: And Number 43 is.-to enact Local Law No. 5 - 1987, which
is "'A Local Law in' relation to boat operators, boat equipment and anchoring .i n
West Harbor" at Fishers Island. I offer that resolution.
43. Moved by Supervisor Murphy, seconded by Councilman Penny,
WHEREAS, a proposed Local Law No. 5 '- '1987' was. introduced at a meeting of this '
Board held ont-he 1st.day of May, 1987, and
WHEREAS, a public hearing was held thereon by this 'Board on the 19th day of
May, '1987, at which time all interested persons were given an opportunity to be
heard thereon, now, therefore, be it '
RESOLVED that Local Law No. 5 - '1987 be enacted as follows:
LOCAL LAW NO.. 5 - .1987
A Local Law in' relation to boat, operators, boat..
equipment and anchoring in' West Harbor
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
-- ---(additions indicated by underline; deletions. by [brackets])
I . ' Article I I I ' (Boats) of Chapter 32 of the. Code of the Town of Southold, Section
32. 31. Definitions. is amended as follows:
BOATS Every. vessel propelled in' any manner. [,except vessels having a
valid' marine document issued by the Federal Bureau of Customs
or any foreign government. ]
I I. ' Article 1II; Chapter 32 is amended by adding two new sections thereto,. to
be Section 32-.36..1 and. Section 32-'36.2,' to provide as follows:
Section .32-.36.-1 .Equipment.
A. All leasure.vessels -and- unins ected commercial .vessels shall be equipped
and lighted..while underway or at anchor.with any person aboard, as
required under the Federal. Boat.Safety Act of 1971, as amended, and
the: regulations -adopted pursuant thereto and, contained in'Title 46 of
the Code of- Feder-al- Rules Subchapter C, Parts 24, 25 and 26, and
pursuant to the. provisions of Section 40 of the. Navigation Law of the
State of New York. - Failure to comply with the equipment and li htin
requirements as set forth above shall be a violation of this Chapter.
B. The provisions of this section shall not apply to vessels competing in'
duly authorized regattas and trials preceding such regattas.
Section 32-36. 2 Boat-Operators.
A. No person under the age of sixteen (16) years shall operate a mechanically
propelled vessel unless:
(1) The operator, who is 'under the age of sixteen (16) years, 'is '
accompanied therein by a person who is 'sixteen (16) years of age ,_...
or older; or
152 MAY 19 1987 -
2 The operator is ten (10) years of age or older and is 'the holder
of a boating safety certificate issued to him by the Commissioner
of the Office of Parks and Recreation of the State of New York,,
pursuant to Section 78 of the New York State Navigation .Law.
B. The failure of a person specified in Section 32-36.2(2) hereof to exhibit
a boating safety certificate upon demand to any peace officer or other
officer having authority to enforce the provisions of this Chapter shall
be presumptive evidence that such person is not the holder of such
certi fi cate.
-C. No person who is 'the owner of a� motorboat shall knowingly authorize
or permit the operation thereof unless:
(1) The operator is sixteen (161 years of age or older; '
(2) The operator, who is under the age of sixteen (16) years, is
accompanied therein by a person sixteen (16) years or older; or
(3) The operaiuri is ter, (10) year"s ur age or oiaer and is the holder
of a boating safety certificate issued to him by the Commissioner
of the Office of Parks and Recreation of the State of New York.
D. No person shall operate a vessel while in an intoxicated condition or
while' his ability to operate such a vessel is Ampaired by the consumption
of alcohol or by the use of a drug. -
I II. ' Section 32-39.2A (anchoring. in' West Harbor). of Article III ' (Boats) of Chapter
32 of the Code of the Town of Southold is.'amended. as follows:
A. All boats temporarily anchored in West Harbor at Fishers Island shall
anchor [north of Goose Island.* ] in an area assigned by the Harbor
Master or Bay Constable.
(1) Anchoring shall not be permitted for a continuous period of more .
than three (3) days unless authorized by the Harbor Master or
Bay Constable, which authorization may only be granted for
emergency situations.
IV. This Local Law shall take effect upon its filing with the Secretary of.State.
43.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy.
This' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, that's the end of our prepared and added-on-to
agenda. Is there any Councilman would like to comment any further? . George?
COUNCILMAN PENNY: Yes, I forgot on my reports here, I made a .visi't 'this '
morning to the Dog Pound. The progress is 'still' in the works. The insulation
has been placed in the walls and in' the ceiling and the sheetrock is 'there ready
to be put up. The concrete is 'poured and progress still continuing and under
way. So there has been progress for the last two weeks. Thank you. .
SUPERVISOR MURPHY: Jay?
COUNC.ILIVIAN SCHONDEBARE : Nothing, thank you, Frank.
SUPERVISOR MURPHY) Paul?
COUNCILMAN STOUTENBURGH : Nothing.
SUPERVISOR. MURPHY: Jean?
COUNCILWOMAN COCHRAN: Yes, I'd just like to call attention to the fact that
there is a meeting tomorrow night on the Village Green, here at Town Hall, scheduled
at 7:30. Many service organizations and groups have been invited so that their'
support can be gained for the development of the Green. And it is open to the
public and if 'you have an interest we'd be very happy to have you join' us. Thank
you.
SUPERVISOR MURPHY: What room is 'this'going to be in, Jean?
COU-NCILWOMAN COCHRAN: I'm not sure where ours is scheduled.
SUPERVISOR MURPHY: Okay, at this time is 'there anyone in the audience would
like to address the Town Board? Over here on the left? Middle? Sir.
ROY DEMAYO: My name is 'Roy Demayo. I'm asking about when Local Law No.
5 will be implemented ? It's been passed. Item 43. Boat Operators.
TOWN CLERK TERRY: Probably by Friday I'll be mailing it to the Secretary of
State and I send it 'certified mail, return receipt, and it will probably be filed
by next Wednesday and then it is effective.
MAY 19, 1987 153
ROY DEMAYO: It"doesn't just apply to Fishers Islana does it?
COUNCILMAN SCHONDEBARE: No.
TOWN CLERK TERRY: Only the last section on West Harbor.
COUNCILMAN . PENNY: The mooring in'West Harbor, Fishers Island, is 'tagged
into the other provisions of the law. .
TOWN CLERK TERRY: The remainder of the law pertains to the entire Town of
Southold.
ROY DEMAYO : Thank. you.
SUPERVISOR MURPHY: Okay, any other comments? Over here on the right?
(No response.) if not, a_ motion to adjourn is 'in' order. I thank everybody for
coming Iout tonight.
Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was
RESOLVED that this Town Board meeting be and hereby is 'adjourned at 8: 45-P.M.
Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy. k
.This resolution was .declared duly ADOPTED..
Judith T. Terry
Southold Town Clerk
r