HomeMy WebLinkAboutTB-06/16/1987 192 JUNE 16, 1987
SOUTHOLD TOWN BOARD
JUNE 16, .1987
WORK SESSION
Present: Supervisor Francis 'J. Murphy, :Justice Ravmo.nd W. Edwards
Councilman Paul Stoutenburgh, Councilman James A. Schondebare, Councilwoman Jean
W. Cochran, Councilman George L. Penny IV '(9:40 a.m.) , Special Attorney Francis 'J.
Yakaboski, 'Town Clerk Judith T. Terry.
9:00 A.M. - Historian Antonia Booth met with the Board to request permission to
nominate Greenport for a. New York State .Department of Environmental Conservation
and. National Arbor Day Foundation "Tree City, U.S.A: " .award. Greenport fulfills . .
the criteria'as they have a legally constituted tree committee, as well as a tree
ordinance, and have been engaged in' a tree planting program since 1972.. Greenport
meets the standard for money spent yearly on trees (a minimum of $1 per capita) ,
and they always hold Arbor Day festivities. Mrs. Booth. stated that although Southold
does not have a tree ordinance, she would like the Board to consider inviting an urban
forester to address the: Board. The forester can outline the policies necessary for good
tree management and make general planting and 'maintenance recommendations.
EXECUTIVE SESSION
9: 15 A.M. - With Special Attorney Yakaboski and Executive Administrator Victor
Lessard present, the Board discussed possible and pending litigation.
9: 45 A.M. - Work Session reconvened and Board reviewed For Discussion Items:
(1) Southold Town's Farmland Preservation Open Space Concept--referred to Special
Attorney Yakaboski to draft for a referendum at the general election. (2) Complaint
of Herbert hVndel relative to display of paintings in the Meeting Hall, which. paintings
include the name of the artists. This will be resolved by the adoption of Resolution
No. 27--policy regarding display of materials in the Town Hall. (3) Letter from
Reverend Richard Kopinski, 'Pastor of Our Lady of Ostrabrama R.C.. Church, Cutchogue,
requesting a permit 'to use 'Glover's barn for a dance on September 12th. It is believed
the Fire Inspector has made a final inspection and this request will be addressed at
June 30th meeting. (4) Receipt of the NYS-.DEC reconnaisance study of the coastal
erosion on the stretch of Long Island Sound shoreline between Duck Pond Point and
Horton Point (see resolutions 8 g: 9). s (5) Letter from Special'. Counsel Yakaboski
relative to a proposed local law relating to advertisements concerning municipal elections.
Councilman Schondebare will discuss this further with Mr. Yakaboski.
10:00 A.M. - Don Witschieben, Don Stanton, Jay Tanski, and John Kroitz,' Senator
LaValle's representative on the Erosion Committee met with the Board to discuss the
recently received. NYS-D.EC reconnaisance study. They .all endorsed the DEC's study
and recommended the Board proceed with the feasibility study. Mr. Tanski stated it
is important to consider that the DEC must have the feasibility study before they can
become infolfed. Mr. Witschieben said; that:except for one or two minor points, the
reconnaisance study is 'excellent. Mr. Stanton said he is 'happy to see that Kenney's
Beach has been rehabi litated and is 'usable-this `summer season. He .urged the adoption
of. resolutions 8 8' 9, and presented a letter from the Board of Directors of the Kenney's
Beach Civic Association, Inc. urging initiation of action to preserve the area, and su or
of resolutions 8 &: 9. Mr. Kroiti 'stated .that Senator LaValle will try to get the StatE
to appropriate funding, but can't proceed until the Town makes a commitment to past pa
in'the study. A poll of the. Board relative to resolutions. 8.'I;' 9: Councilwoman Coch is
Yes; Councilman Schondebare:. No--Town Attorney has recommended the Board not get
involved ins this; Justice Edwards: Abstain, Councilman Stoutenburgh: No--this would
just be the beginning of a long line of spending public money for private property;
Councilman Penny: Yes; Supervisor Murphy: Probably.
10:40 A.M. - Donald Bracken 8 Dianne Carroll, developers .of the Costello property.,
Greenport, met with the. Board to request relief from the. building permit 'fees for
the affordable housing units. The Board feels something- can be worked out, but
would need a breakdown of the required fees. With respect to progress on the
development of the site, they advised they are working on the DEIS with the Planning
Board, specifically addressing water and traffic'control.
JUNE 16, 1987 1 .9. 3
11 :00 A.M. - For Discussion Items (continued) : (6) Letter from Riverhead Town
Supervisor Janoski requesting a copy of Southold Town's DEC Consent. Order cover-
ing the landfill as a municipal hazardous waste facility - Supervisor to send. (7)
Letter from. NYS=DOT recommending the $1M originally approved for the reconstruction
of 4000 'ft. section of Sound Avenue between Bergen Avenue and Cox Neck Road be
transferred to drainage and resurfacing projects on. NYS25. Board recommends the
. . DOT continue with the Sound Avenue project. (8) Engage the services of Smith,
Finkelstein, Lundberg, Isler 8 Yakaboski for an additional sixty days (see resolution
no. 36) . :(9) Notification from. NYS Dept. of Civil Service that a Waiver of Premium
was granted to Genevieve Oldakowski, �custodiah who was terminated on May .19th.
Board does not wish to take any further action. (10) Grant 6% increments for '1987
.to Lifeguards and. Beach Attendants (see resolution no. 37) . (11) 1 Receipt of resumes
frnrn ..applicants for Waterfront Revitalization Advisory Committee. Six' applicants five
positions .available. Supervisor suggested appointing six' members, several Board members
wished 'number to .remain at five. Board will'intervieW applicants. (12) Receipt of
proposal from' E. 8 A Environmental Consultants, Inc. for consulting on solid waste
composting. Councilman Penny wishes to wait for the scale to be in' place and operating
so there will >be .a true, figure bf the .amount:of..solid waste being received..by the disposal
area. Board wi ll'wai t.
11 :15 A.M. - Justice Frederick Tedeschi met with the Board 'to request employment
of additional full-ti.me personnel for the Justice Court. There was no response from
a recent Civil Service List. Board will' authorize Town Clerk to advertise for resumes
(see resolution no.' 38).
11:20 A.M. - Off Agenda Items : Councilman. Penny advised, he is having- Triangles
-Consulting Corp. checking on the compatibility of'the Olivetti computers requested
by Receiver of Taxes Mellas.--Councilman Stoutenburgh stated that Beach Manager
Bob Muir will not be conducting :the Red Cross swimming lessons at the beaches. this
.year and he will request. the new Recreation Superintendent to coordinate a Town
program.--Councilman Stoutenburgh referred .to a recent- letter from the Suffolk
County Department of Planning suggesting the Town obtain up-to-date aerial photo
graphs. Supervisor Murphy will'obtain' the prices for same from the professional '
: firm that took the photographs.--Councilwoman Cochran stated she has . received .a
request from the PBA for showers at Police Headquarters. Chief Winters has obtained
estimates .for installation of shows at $1',925 'and $2,500, and recommends the installation.
The Board feels the Chief should pay for the installation from the Police Budget, and
if..funds are not available, put it in' the :1988 Budget...
EXECUTIVE SESSION
12:25 P.M. - The Board met.witli Executive. Administrator Lessard to discuss personnel
and possible litigation.
12: 35 P.M. - Recess for lunch.
2: 10 P.M. - Work Session reconvened and the Board audited outstanding vouchers.
2:35 P.M. - Board reviewed proposed resolutions to be voted upon at the 7: 30 P.M.
regular meeting.
P_.M. - Steve Latson, Secretary of the Southold Town Baymen's Association, Inc. ,
met with the. Board to discuss ( 1) .a boat ramp at the head of Mattituck Creek for all
residents. He suggests the Town property next to the Mattituck Park District ramp,
which is thought to be Trustee property. (2) Concern of'the Baymen that the .road. .
runoff into Town waters is 'contributing to the coliform count. They are worried that-
the DEC will soon come in' and close all the creeks. (3) Mr. Latson inquired about the
progress of acquiring the. Plock property, .as he has a proposal from Cultured .Aquatics
for a shellfish hatchery on the property. Mr. Latson was advised that it 'is 'believed
the property is 'now under contract for purchase .and. the purchaser would not be
interested in giving up the. hatchery. :buildings.
3:35 'P.M. Continued review of proposed. resolutions for regular meeting.
'3:50 P.M. - Recess-.
4:10 P.M. - Meeting between Town. Board and Green port Village Board. . _Mayor George .
Hubbard, Trustee Gail Horton, newly elected Trustee Steve Clark, and Superintendent
of Utilities 'James Monsell and his 'assis.tant Tom Cybulski, along with George Desmarais
of the H2M Group. Mr. Desmarais reported on the progress, problems and correction
_of problems at the Scavenger Waste Treatment Plant. Basically everything is working
well .and the aesthetics have greatly improved in the last two months- with regard to
housekeeping and maintenance of the grounds. Mr. Cybulski read a prepared report
on the operation of the plant; recommending that a tractor/loader be purchased -to.aid."
in the operation. Mr. Monsell with check to see if the model they are interested in:'
is on the state or county bid list.
194 JUNE 16, 1987
5:00 P.M. - Work Sesson adjourned.
REGULAR MEETING
7:30 P.M.
A Regular Meeting of.the Southold Town Board was held on Tuesday, June
16, 1987, at the Southold Town Hall, Main Road, Southold, New York. Supervisor
Murphy opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag.
Present: Supervisor Francis*J. Murphy
Justice Raymond W. Edwards
Councilman .Paul Stoutenburgh
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
Councilman George L. Penny IV'
Town Clerk Judith T. Terry
SUPERVISOR MURPHY: 1 would like to call this regular Town Board meeting to
order. The first order of business .I'd like a resolution approving the audit of the
bills of June 16th, :1987.'
Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the following audited bill§ .be and hereby are-ordered paid: General
Fund Whole Town bills in�the amount of $190,849. 33; General Fund Part Town bills
in'the amount of $449,030. 33; Highway Department bills in the amount of $143,742. 79;
Fishers Island Ferry District bills in'the amount .of $23,527. 53;. Brief Respite Program
bills int he amount of $264. 00; Adult Day Care Program bills in' the amount of. $1,59 9;
Home Aide Program bills in'the amount of $1.i 821. 55; Southold Scavenger Wastewater
District bills in the amount of $828. 41; Southold Wastewater District Capital Account
bills in' the amount of $3,215.33; Fishers Island Sewer'District bills in' the amount
of $383.22.
Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Next is 'a resolution for. the approval of the minutes of
the Town Board meeting of June 2nd.
Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran,_.it was
RESOLVED that the minutes of the regular Town Board meeting held on June 2,
1987, be and hereby are approved.
Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Next is a resolution setting the next meeting date for June
30th, 1987, 7:30 P.M., Southold Town Hall.
Moved by Councilwoman Cochran, 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 30, '1987, Southold Town Hall, Main Road, Southold,
New York.
Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This ' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, at this time we're going off our regular agenda a
little bit: It seems the last month or so we've been having a very big tournament
going on in'our Rec Center and we have some real special people .we would like
to present some awards tonight, and I would like. to ask Bob Belsen, the Principal
of Laurel School, to come up and give me a hand to give some awards out tonight.
ROBERT BELSEN: Before we go with the awards, I should like to read to you a
tribute written by one Rick Ulp, who is 'a long-standing member of the North Fork
Chess Group. "I declare this 'evening, Tuesday, June 16, 198T, .Hudson Hagglund
Night. Approximately 30 years ago a small group of four to six'of us gathered
together each Thursday evening to play chess. Because we were a small group,
JUNE 16, 1987
'1 .9 5
we met in different houses_. I believ ' the:original group was: Harold Pierce, Ted
Stohl, Hudson and myself. We were all' congenial and friendly and enjoyed playing
each Thursday evening at different houses. As the group expanded we had to
find a meeting place. We rented. the Grange. Hall, which is now the Church of the
Open Door. Finally we went to our present place, the Peconic Youth/Senior Center..
Hudson has worked diligently recruiting members. He has put posters in store
windows advertising the time and the meeting place. Through the years we have
had over 200 different players. Last Spring and Summer, while a new roof was
being put on the Youth Center, we met at. the libraries. The library board and
Mrs. Frances Woodward were most gracious in'welcoming our Chess Club on Wed-
nesday evenings. A few weeks ago we held a tournament at. the Center. This is
what brings us here tonight. To promote..interest Hudson and the Laurel School,
along with Jim Powell got the Chess Tournament sponsored by the Southold-Peconic
Youth Center. Trophies were purchased to give to the winners. For this reason
we are here- this"".evening'. "Hudson-; we all wish to a speedy recovery from your
operation and we wish you good health and happiness. May you once again' be.
champion of our club. " As ,he's mentioned, about a month ago. we did* hold our
Second Annual. North Fork Chess Tournament. This year it 'was held in' the Peconic
Senior/Youth Center. We had almost 50 'participants,. and most of the winners. are
with us here this 'evening. I should like .to thank .at. this time the Southold Board
of Trustees, who so graciously' furnished . us with these lovely trophies. that you
see on display. If'all goes well, we hope to do the same thing again next year.
SUPERVISOR MURPHY: Thank you, Bob. Okay, it's my honor. As the 3rd Place
in'the :1987 Chess Tournament for GradesK-3, Ephriarn Whittington. And in 2nd
Place, Grades K-3, Tom Cornell. 1st Place, Grades K-3, Jason Hobbs. Now, let's
go to the next section. 3rd Place, Grades 4-6, Jim VanderHoven. 2nd Place, Grades
4-6, Tuan Nygan. 1st Place, Grades 4-6, William Clemmon. Okay, the next class. -
Grades 7' 9, 3rd Place winner, Chris Kopek. 2nd .Place, Grades 7-9, Ian Dominolo.
1st Place, Grades 7=9, Joshua lva:nberg. Okay, we have 2nd Place winners in' the
Adult. Peter Michaels, and Rick Ulp. Rick is not here. Bob will take his.' And
the 1st Place in' the Adult is Dom Perriano: (Pictures were taken..)
ROBERT BELSEN: One final word. I'd like to thank the Co-Chairman here, Jim
Powell.
JIM POWELL: It 'was my pleasure to direct this tournament for the second year
in a row, that Bob Belsen helped to organize and sponsor. Here in' the Town of
Southold we have a great thing happening, and I want you to all know about it;
_ and let all of your neighbors and your..summer visitors know .that on Thursday. evenings
that you and they are welcomed.' People of all. ages. Hudson Hagglund is the Dean
of chess organization on the North. Fork and I am very much grateful to.Hudson
.. for having arranged that every Thursday night at the Southold Youth/Senior Center
here on Peconic'Lane, we are. open for chess�to children of all ages:who may want
to learn the game for the first time, or may want to .develop their skills. . I just
wanted to put out that invitation to everyone and. your guests to. come to the Senior/ ,. .
Youth Center on Peconic.'Lane any Thursday evening throughout the summer. We!.re
still there. We don't go away just because of the warm weather.
SUPERVISOR MURPHY: Thank. you very much, and .l would. like to thank you,
Hudson, and. Bob, and all of you really for participating and adding a little bit
more to- Southold Town. Now, you don't have to stay for the rest of the meeting..
You're more than welcome. I imagine some of these young boys and girls really
want to get home, but you're welcome to stay if 'you like. Thank you. We're glad
to be part of it.
I . REPORTS.
SUPERVISOR MURPHY: The next order of business is 'the first item on the agenda,
Reports. These Reports are all on file in' the Town Clerk's Office and anyone who's
interested in them may read them there. ( .' -
1. R_epo.rt. of✓the Steering .Committee_, on the Bide'ntennial of the United States
Constitution.
2. Scavenger Waste-Treatment Facility report - May, '1987.
3. Southold Town Dog Pound monthly report - May, 1987.
4. Board of Town Trustees.. monthly report - May, '1987.
5. Dimension Cabe Services Report on Seasonal Subscriber Reconnections.
6. Szepatowski Associates, Inca monthly report - May, '1987.
7. Town Justice Tedeschi, 'monthly report - May, .1987.
8. Town Police Department monthly report - May, 1987.
9. Supervisor's monthly budget report - May,'- 1987.
10.. Board of Appeals,, monthly report - May, 1987.
11. I'd like to now ask the Councilmen, starting on my left with Judge Edwards,
for any special reports.
19 6 JUNE 16 1987..
JUSTICE' EDWARDS: Thank you, Frank. I just wanted to say that I was over
at Greenport to the American Legion Convention this weekend, Friday night and
Saturday. Enjoyed it very much, and can say that one our local Legionnaires, Bob
Neville, was elected County Commander, which was quite a distinction, and it 'is
a job that Bob campaigned for and he got it.' It was a very excellent weekend.
Secondly, I was telling the Town Board earlier that I'll be getting some instructions
tomorrow morning at the Motor Vehicle Department in�iverhead and be takinq pictures
or photo licenses. wiTFbe bringing the camera back to Fishers island tomorrow
evening and taking photo licenses on the Island this weekend. I have to bring
the camera back sometime next Monday or Tuesday. So the Motor Vehicle Department
in Albany has really bent over- backwards to help us on Fishers Island, because
it's a long trip down to White Plains, or to fly over to Riverhead, and on this grog
think it's close to 35 licenses that I'll be doing this weekend. Thank you, Frank.
SUPERVISOR MURPHY: Thank you, Ray. Jean?
COUNCILWOMAN CQCHRAN: Yes, thank you. On June 3rd the Housing Committee
met with area banks to discuss financial' cooperation and support in relation to afford-
able housing. I felt the meeting was very positive. The banks felt that they could
give us support in'the area of interest, cost and through closing costs. They also
felt that there was a lack of understanding to our Accessory Apartment Law and
feel that this 'is 'one of the reasons that there has not been as many applications
submitted as there could possibly be. The suggestion was made that perhaps the
Town could put out a informational piece explaining the law .so that we would .know.,
if this is the reason why they're not applying, that it's lack of information or lack
of understanding. Also on June 3rd I had the opportunity to attend the Village
Green- ,meeting,. , I could only stay a half hour .because I had a conflicf of f meetings,-
so I'm sure Councilman Stoutenburgh will' be reporting on the Village Green meeting.
also sat in'on interviews for the. Land frll'Manager, which we will be hiring this
evening, and on June 8th I went with Supervisor Murphy and- Councilman Stoutenburgh
and some other and we checked the drainage project on Skunk Lane to see if that.
was coming along as it 'should be, and also we went down here on Hobart Road and.
checked that out, because that is'a priority and looks like it 'really should be the
next possible site for trying to solve the drainage problem. I guess that's about
it, Frank. It's been busy.
SUPERVISOR MURPHY: Thank you, Jean. Paul?
COUNCI LMA4 STOUTENBURGH : Yes, I sat in' with Jean on part of a meeting of
Housing and banking people. I also traveled with her on this 'drainage, and it does
look like we have a positive attitude towards trying to solve the drainage problems
in this Town, which not only give people problems .when. they drive around and
have water on the roads, but it's killing our creeks. Road run-off, which .some
people don't quite realize, is the most .damaging element we have as far as our
creeks go, and--if we can keep the water from running off into them we're doing
a lot as far as keeping our creeks in' pristine condition. On June 3rd in the after-
noon between 1:00 and 4:45 l w.as at Suffolk Community College, where they had
a symposium on eel grass trans plantin , and this brought people from all over the
country. We had a good turnout. As a matter of fact we had a. representative
from our:T,rUstees,. Ellen Larsen was there. And a bayman from our Town also,
Steve Latson was there. And they discussed the possibility of replanting the areas
that have been killed-off by the Brown Tide. Of course, we all know what damage
that has done. We've just seen the tip of the iceberg, really, of what's .happening, .:
and we're. very concerned that it's .done a tremendous amount of damage in'di.fferent
aspects of our bay and creeks, and one of the things that a scallop industry requires,
is 'a eel grass base, because the tiny,:.small scallops actually cling to tho-eel grass,
and in' that way they keep away from the predators. If they lay on the bottom
then the predators get them. And. so eel grass has been found to be one of the
most important parts of any scallop industry. And, of course, this 'all revolves
around the fact will the Brown Tide stay away or will it not, and if 'it does stay
away, in' the future we might be thinking in' this Town of doing some transplanting,
and it is 'a viable way of bringing back grasses into the area. We had a slide show
and presentation from people, as- I say, from all over the country. We even had
a man down in. North Carolina, Bufort,. North Carolina, who's probably the most
experienced person in this whole think, Mark Forcenta, his name was. So there's
an interesting whole world of transplant of eel grass going on. I also, on June
12th, sat a. Land frll'meetirig. I'm skipping around a little here. We're going to
hire a person to take over our. Landfill, and we'll be talking about that later in
one of our resolutions. I also, on June 9th, had a Water Advisory Committee meeting,
and here we're starting to get into the legal part of how do we find out when a
house is transferred that the water the people are buying or renting is good water.
Do we have a right to go in' and make sure that that water is clean and well, and-
we're putting that before our Town Attorney for some answers., We also found out
that there's an interest in'water machines. This 'is 'one of the recommendations
of our Water Advisory Committee, and what we're hoping to do is have a survey
on the one in' Greenport to see where the people are coming from that use that machine.
JUNE 16, 1987 1 9 7
We realize we think there should ' be at'' least Three`water machines, .one-in Greenport,
one. in Southold, or at the Peconic Center, and possibly one at Mattituck. Surely
one at the Center where it used to be. The other part they discussed was certification
of filter units. Any of you people know .anything about filters in' your homes, filters
do not have a standardization, and this is "what makes it 'very difficult. One person
can sell one, another person can .sell one,. and no one has.''to 'really prove what they're
_doing, and so -we're hoping to get the EPA to come in. As a matter of fact, last
night 1 went to the Senior Center and listened to Mr. Hockbrueckner, our Congress-
man, and I asked him if he would put us on the right- track to get somebody from
EPA to come in' and talk to our, group, and it looks like we will have somebody.
He said he'd surely pursue that. So that's where we are, Frank.
SUPERVISOR MURPHY: Thank you, Paul. Jay?.
COUNCILMAN SCHONDEBARE: Paul touched on the Landfill meeting that we had.
I'd just dike to bring it 'to the Board's attention, I think we've. been discussing it,
but the Supreme Court case that just come.down--the. S. Supreme. Court that
came down with regards to a case out in'"California.' I thi.nk we're going to -have
to get a copy of that decision and give it 'to our Town Attorney and have him' review
especially in light of our Master Plan, and. especially in' light of the Waterfront
Revitalization Plan.. Thank you.
SUPERVISOR MURPHY: Thank you, Jay. George?
COUNCILMAN PENNY; Yes, on the 4th I spent the day here in' the Town Hall with
a consulting firm, interviewing different departments of the Town Hall, the :Assessors,
.the Building Department, the ZBA, the Planning Board, the Town Clerks' Office,
the Trustees and the Accounting Department, in` regards to setting up a computer-
We met with each group to find out what their .individual needs are, and we're hoping
that maybe, possibly at best a year .from now,-we could have a computer on line
here to take care of a lot of our needs. We could have a great use for it :right
now. On the 9th I attended the meeting'of the Water Advisory Committee, which
Paul has already reported on. On" the 10th we had .a meeting:of the Commerce and
Industry Committee, and a top of discussion was the Supreme Court. decision on
the rights of private\propertyl: owners-. .. We have several copies available of-The
Wall Street Journal,. Newsday, and The New York Times, if 'anybody's interested. -
There in the Town Clerk's Office, as I turned them in to them, so in' case anybody .
hasn't read it. On the 11th I met with Bill'Mullen and reviewed the Town Insurance
Programs, and hopefully we're going to follow up tonight and authorize Bill to act
on behalf of,,the Town of Southold in the future regarding our insurance needs,
and as a follow up. It's a very expensive field and it's a very highly. technical
field and Bill has the expertise. He alsor epresents two other towns in the area
as a consultant and he would keep us up to date. The problem that we have is '
-that the insurance documents are so intricate that it's very difficult. to keep up
with them unless you've had a lot of experience in that field. And that's all.
SUPERVISOR MURPHY: Thank you, George. I would just like. to add to Ray's
comments about Bob Neville. He's the husband of our Deputy Town Clerk and we're
very proud of him, and wish him well. in' his term as County Commander of the
American Legion. This post out here certainly is fantastic in the work they do.
And I would just add to what everyone else, most all of us have been at each of
these meetings. I did+ go up last Monday, late afternoon, to Manchester, New Hampshire,
and Tuesday went to the New England Conference on Recycling and Solid'Waste
Management. It was. very interesting, and met some very good vendors who have
good-potential' for not only Southold Town, but all of Nassau and Suffolk County.
In particular on tires, we will* have one firm come to our next Supervisor's Association.
and we'll ask Michael LoGrande to also to attend and he's got a very good proposal
and promising method of getting rid'of tires in a sensible manner, instead. of dumping
them in' all the private lots around here that's causing many problems. Not too
much here in Southold, but down to the west you go by and you see thousands
of tires on road ends, vacant lots and all that. It's getting really outrageous.
II . PUBLIC. NOTICES.
SUPERVISOR MURPHY: The second item on our agenda is 'Public'Notices. There
are four of them. These are all on file on the Town Clerk's Bulletin Board.
1. . New York State Department.of Environmental Conservation, Notice of Complete
Application of Dart's Christmas Tree Farm to construct a six inch diameter irrigation
well, approximately 50 'feet deep, equipped with a pump having .a capacity of 200
gallons per minute. The well will be used to irrigate 20' 'acres of commercial crops.
Project site is located" approximately 2500' feet east of Main Bayview/Grange Road,
intersection, Southold. Comments by June 19, 1987.
2. U. S. Army Corps of Engineers, notice of application of Salt Lake, Association,
Inc. to dredge with ten years maintenance and upland disposal at James_ Creek,
Mattituck. . Comments by July 6, 1987.
3. U. S. Army Corps of Engineers, notice of application of Joseph Sucher, <;
to dredge with upland disposal at Dawn Lagoon, Greenport. Comments by July.
9, 1987.
198 JUNE 16, 1987
4. Community Action of Southold Town. This 'is 'a film.workshop series,
July 7th, and going through the 10th and the 17th, for those children age 6-13
on Wednesday at the Rec Center, the Girl Scouts of America. And it's open to
boys and girls both, have a rec program there.
COUNCILWOMAN COCHRAN : May I make a correction?
SUPERVISOR MURPHY: Certainly.
COUNCILWOMAN COCHRAN: It hasn't been called Girl Scouts of America_ for 15
years. It's Girl Scouts U.S.A. , and this 'is 'actually being done by the Suffolk
County Girl Scout Council. Thank you.
SUPERVISOR MURPHY: Okay, IJ.S-A.: This .is 'what we had written down here.
III . COMMUNICATIONS.
SUPERVISOR MURPHY: Number III is 'Communications. There's one concerning
the future of Southold Town (from Jane Gohorel, Stars Road, East Marion) .
IV. PUBLIC HEARINGS.
SUPERVISOR MURPHY: There is �a Public 'Hearing scheduled in' five minutes (Burt
G. Lewis, Jr. , petition•for. a change of zone) so we'll move on, to resolutions.
V. RESOLUTIONS.
SUPERVISOR MURPHY: First I'd like to state a policy of the Board. If anyone
in the audience would like to address .the Town Board on a proposed resolution,
now is 'the time to do it.' We will have time after the resolutions. are finished for
the public'to comment to the .Town Boardon anything that you're interested in" that"
you'd like to comment on. So at this '.time I'd like to open it 'up on the. left: on any
proposed resolutions. Is there anyone here in" the audience would like to make a
comment to the Town Board before we vote on these resolutions? Don?�
DONALD STANTON : My name is 'Donald Stanton. I'm the Director of KennWs.
Beach Civic Association, and a member,of the Town Committee dealing with the Kenn s
Beach Erosion Control, which encompasses the area from Duck Pond Point to Horton°
Point. I want to address Resolutions No. .8 and 9. By the way, 'it occurred to
me as I was sitting here, it 'was about ten years ago that I appeared before the
Southold Town Board to introduce the same subject that we're dealing with in' Resolutions
8 and 9, and you were meeting in' Greenport at that time. If you check the minutes
of that meeting you'll find" my comments.
SUPERVISOR MURPHY: Judy is 'probably the only one who..was there then, who's
here now.
COUNCILMAN SCHONDEBARE: She was a young girl at the time. Both of you
were at the time.
DONALD STANTON : This ' Board set up the Kenney's Beach Erosion Control Committee
last year and that committee had set in: its objectives a shortilerm solution to the
immediate problem of making Kenney's. Beach usable, and. in' the long term to coming
up- with the-alternatives for solving a generally serious erosion problem that is 'affect-
ing the area from Duck Pond Point to Horton's Point. I'd like to commend the Town
for their work in" the. resotration of. Kenney's Beach. It is 'in' very usable condition
right now and, as you probably know, people are using it.' So we succeeded in'
1987, at least," inkaccomplishing "our short term objective. For our long term "objective
there's been a lot work and coordination that has been done behind the scenes on
the part of the committee members, and in' particular Councilman Penny, to enlist
the cooperation of governmental agencies, including DEC, our. State Assemblyman
and out State Senator, and their�assistants and -staff,- and we have brought that
work to the point where we have the opportunity to deal with the subject of Resoluti
8 and' 9. . Namely we have an opportunity to, vote--or you have an opportunity to
vote on participating in' a study recommended by the New York State DEC Flood. `
Protection Bureau--a study which would result in' alternative solutions to the long
term erosion problem in' the area between Duck Pond Point and Horton'!; Point. A
study that where the State picks up the majority of the funding .burden, the Town
picks" up the remainder, and if"we can enlist the help of Suffolk County, we can
further reduce the obligation of the Town in' supporting the funding for that study.
I'm here to ask you to. vote "yes" on that study,. because I believe this 'is a window
of opportunity that probably- will not come along again; if ever. It took a long
time to get to this point, and I think this 'opportunity. tonight is "unique. ' So I'd
like to urge you to. vote "yes" on Resolutions 8 and' 9.
JUNE 16, 1987 19 9
SUPERVISOR MURPHY: .Thank you.: Anyone else on the left like to address the
Board?
DON WITSCHIEBEN: My name is 'Don Witschieben. I'm a member of the Kenney's
Beach Committee and I'm a beach resident outside of the Kenney's Beach area. I
want to say that I support what Don Stanton has said: I think it would. be a bad
mistake to having gained this opportunity after one year of development work, and
now having the DEC proposing a feasibility study which would only cost the Town
no more than $15,000 and perhaps that could be reduced in' County financing. It
would be a bad mistake to lose this opportunity. Tl;-we don,'t-take this, opportunity
now, we may be faced with disaster and then it will be too late to obtain outside
help. I'would appreciate it 'if 'the Board would. vote "yes" on these two resolutions.
Thank you.
SUPERVISOR MURPHY: Thank you. Anyone else on the left? Anyone in the middle?
On the right? .(No response.) Okay, it's 8:00 o'clock so I would like to entertain'
a motion to recess for the time to hold a public hearing on the proposed zone change
of Burt Lewis:
Moved by Councilwoman Cochran, seconded .by Councilman Schondebare, it.'was .
RESOLVED that _a recess be called: at this 'time, 8:00 P.M. , for the purpose of'holdi ng
a public hearing on the petition of Burt G. ' Lewis, Jr. for a change of zone.
Vote of the Town Board: Ayes: Councilman.Penny, Councilwoman Cochran, 'Council-''
man Schondebare, Councilman Stoutenburgh,. Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
Meeting reconvened at 8: 10 P.M.
SUPERVISOR MURPHY: I will' reopen the regular Town Board meeting to Item V
on your Agenda. The first resolution is 'to promote John Raynor to the position
of Public Safety Dispatcher II..
1. Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare, it :was
RESOLVED that the Town Board of the Town of: Southold hereby.. promotes John. .
F. Raynor to the position of Public`Safefty. Dispatcher I I " from the Suffolk_ County
Department of Civil Service Certification of Eligibles,. effective July 1, 1987, at a .
salary of $23,827.`00 per annum.
;1.-Vote of the Town. Board Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondepare, Councilman Stoutenburgh,. Justice Edwards, Supervisor Murphy.
This ' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Next is 'to. appoint Joan Zanieski as a Clerk -Typist in' the
'Southold Town Police Department, from the Civil Service List. I offer that resolution.
2. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it 'was
RESOLVED that the Town Board of the Town of. Southold hereby appoints Joan A.
Zenieski a Clerk _Typist for the Southold Town Police Department, from the Suffolk
County Department of Civil Service Certification of Eligibiles, effective June 18,
198T, at a salary of $151 816. 32 per, annum.
2.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 3 is'to authorize the attendance at a seminar.
3. Moved by Councilwoman Cochran, seconded by Councilman Penny, 'it was
RESO LVED that the Town Board of the Town of Southold hereby authorizes Assessors
Frederick E. Gordon and Scott L. Harris 'to attend the 1*987 Seminar on Appraising
for Assessors, to be held at. Cornell University, Ithaca,. New. York,. on July 26,.-
..1987. through July 31, '1987, and the cost for tuition in .the amount of $235. 00 per
person, text books, travel, meals, and lodging shall be a legal charage.against the
Assessor's 1987 Budget.
3.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 4 is 'to accept the resignation of Margaret Bush,
Arie Keaese, Emily Borkowski, and Harold Stan, members of the Nutrition Program, .
who have resigned. I offer that resolution.
.j
JUNE 16, 1987
4. Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the follow-
ing resignations:
Margaret Bush, Hole Health Aide, Senior Adult Day. Care Program,
effective Apri 117, 1987.
Arie'Kearse, Home Health Aide, Senior Adult Day Care Program,
effective April '30, 1987.
Emily Borkowski, 'Assistant Cook,. Nutrition Program, effective May 19, 1987.
Harold Stan, Van Driver, Nutrition Program, effective .May 29, 1987.
4.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman .Cochran, Council-
man Schondebare, Councilman Stoutenburgh,. Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 5 is to amend the Police Department, Part Town,
General Fund Budget. I offer that resolution.
5. Moved by Supervisor Murphy, seconded .by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold _hereby authorizes the
following '198T .Budget modification to the General Fund - Part Town:
Appropriations
B3120. 4 - Police, Equipment Increase budget by $Z,.980. 00
B3120. 4 - Police, Contractual Decrease budget by $2',980. 00
5.-Vote of the Town Board : Ayes : Councilman Penny,. Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 6 is 'to authorize Budget modifications for the
Nutrition Program. I offer that resolution.
RESCINDED July •14, 1987 Resol. #18
6. Moved by Supervisor Murphy, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following 1987 Budget modifications:
A. General Fund Whole Town- -
Appropriations
Contingent Decrease $1 ,000. 00
Interfund Transfer Increase - $1,000. 00
B. Nutrition Program
Revenues
Interfund Transfer $1,000. 00
Appropriated Fund Balance $4,000. 00
Appropriations
Director of Senior Services $3,000. 00
Assist. Director of Senior Services $2,000. 00
to establish budgetary accounts for positions of Director and Assistant Director
of Senior Services within the. Nutrition Program.
6.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-' .
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 7 is 'to appoint a Special Bay Constable.
7. Moved by Justice Edwards, seconded by .Councilwoman Cochran, it 'was
RESOLVED that the Town Board of the Town .of Southold. hereby appoints James
F: Warwick as a Special Bay Constable for. the purpose of patrolling the waterways
in and about Peconic Bay, Town of Southold,. effective immediately, at a salary of
$7.50 per hour, 20 'hours per week, 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
James F. Warwick for the purpose of patrolling the waterways Wand about Peconic
Bay, Town of Southold,. for the period .June 16, 1987 and ending September 10,
1987, the Town _'shall pay all expenses for fuel required for the operation of the
boat of the Owner while performing duties for the Town;- the .Owner 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 be responsible
for any and all expenses for the repair'and maintenance of said' motor, with the
exception of a sum not to exceed $250. 00 during the term of the agreement, which
sum will be paid by the Town of Southold..
7.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 8 is assurance of Town funding for the Kenney's
Beach area. I offer that resolution.
JUNE 16, 198
201
8. Moved by Supervisor Murphy, seconded by Councilman Penny;
ASSURANCE OF TOWN FUNDING
WHEREAS, the Town Board _has. heretofore established the Kenney's Beach
Shoreline Erosion Control Committee to conduct such studies and investigations
of the shoreline erosion along Long Island Sound between Duck Pond Point and
Horton's Point, particularly the shoreline area in the vicinity of Kenney's Beach
which has experienced the most severe erosion damage in recent years; and
WHEREAS, said' Committee has recommended that the Town apply to the Flood
Protection Bureau of the New York State Department of Environmental
Conservation for New York State funding of a study of the methods to alleviate
erosion occurring along the shoreline of Long Island Sound in' the area between
Duck Pond Point on the west and Horton's Point on the east; and
WHEREAS, the Town has., applied to the New York.. State Department of
"Environmental Control for New York State funding of a study of ' erosion
problems and recommendations for alleviating such problems in' the
aforementioned area; and
WHEREAS, a field inspection of the shoreline of Long Island Sound between
Duck Pond Point and Horton's Point was conducted by the -New York State
Department of Environmental Conservation on January 6, 1987; and
WHEREAS,- the Coastal Erosion Reconnaisance Study has been received by the
Town of. Southold on June 4, '1987, which reconnaisance report outlines. certain
problems and - recommends a detailed study that would document historical
erosion problems and identify and analyze' possible. structural and non-structural
solutions; which study would be initiated by the_ New York State Department of
Environmental Conservation, upon the assurances that the Town will' reimburse
the State for 300 of the study costs, at which time the Department will.prepare
a budget request for the necessary funds and upon receipt of approval of those
funds will prepare a detailed Request For Proposal (RPF) ; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby requests the
New York State Department of Environmental Conservation to proceed with the
preparation of a budget request for the necessary -funds for_the preparation of
a detailed Request For Proposals to determine the feasibility of reducing or
arresting erosion through the construction of erosion protection structures
and/or other appropriate measures; and be itfurther
RESOLVED that the Town Board of the Town of Southold hereby gives the New
York State Department of Environmental Conservation assurance that they will'
-reimburse the State 30 0 of the Study costs.
SUPERVISOR"MURPHY: Any questions? ". .(No response'.)
8.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Justice
Edwards, Supervisor Murphy. . No: . Councilman Schondebare, Councilman Stoutenburgh.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And. Number 9 is a request for County` Funding.
9. Moved by Councilman Penny, seconded by Councilwoman Cochran,
REQUEST FOR COUNTY FUNDING
WHEREAS, the Town Board has heretofore established the Kenney's Beach
Shoreline Erosion Control Committee to conduct such studies and investigations
of the shoreline erosion along Long Island Sound between Duck Pond Point and
Horton's , Point, particularly the shoreline area in' the. vicinity of Kenney's Beach
which has experienced the most severe erosion damage in recent years; and
WHEREAS, said Committee has recommended- that the Town apply to the Flood
Protection Bureau of the New York State Department of Environmental
Conservation for. New York State funding of a study of the methods to alleviate
erosion occurring along the shoreline of Long Island Sound ,in' the area between
.Duck Pond Point on the west and Horton's Point on the east; and
WHEREAS, the Town has applied to the New York State Department of .
Environmental Control for New York State funding of a study of erosion
problems and recommendations for alleviating such problems • -in the
aforementioned area; and
WHEREAS, a field inspection of the shoreline of Long Island Sound between
Duck Pond Point and Horton's Point was conducted by the New York State
Department of Environmental Conservation on January 6, 1987; and
WHEREAS, the Coastal Erosion Reconnaisance Study has been received by the
Town of Southold on June 4, 1987, which reconnaisance report outlines certain'
problems and recommends a detailed study that would document historical
erosion problems and identify and analyze possible structural and non-structural
solutions; which study would be initiated by the New York State Department of
Environmental Conservation, upon the assurances that the Town will reimburse
the State for 30% of the study costs, at which time the Department will prepare
a budget request for the necessary funds and upon receipt of approval of those
funds will prepare a detailed Request For Proposal (RPF) ; and -_:
2 021 JUNE 16, 1987
WHEREAS, the Town Board of the ' Town of Southold, by Resolution No. 8,
dated June 16, ` 1987, is requesting the New York State Department of
Environmental Conservation to proceed with the preparation of a budget request
for the necessary funds for the preparation of a detailed Request For Proposals
to determine the feasibility of reducing or arresting erosion through the
construction.of erosion protection structures and/or other appropriate measures;
and
WHEREAS, the Town Board of the Town .of Southold, by Resolution No. 8,
dated June 16, 1987, gives the New. York State Department of Environmental
Conservation assurance that they wily reimburse the State 300 of the Study
costs; and
WHEREAS, certain properties owned by the County of Suffolk fall within the
geographical locations of this study area; now, therefore, be it
RESOLVED that the Town of Southold hereby requests the Suffolk County
Legislature to participate in' funding for this Study by paying 21 0 of the
,_:proposed study costs of $50,000, as outlined in the reconnaisance report; and
be it further
RESOLVED that the Town Clerk be and she hereby. is directed. to transmit 'a
certified copy of this resolution to Suffolk County Executive Michael A.
LoGrande, and Presiding Officer of the Suffolk County Legislature Gregory J.
Blass.
SUPERVISOR MURPHY: I think I'm going to vote against R just because we read
the ,whole thing.
COUNCILMAN SCHONDEBARE: Would you vote for a re-reading of it, Frank?
SUPERVISOR MURPHY: Yes. I don't understand it.' Would you read it"again,
George?
COUNCILMAN SCHONDEBARE : Want to re-read it?
COUNCILWOMAN COCHRAN: This one was George's. He had every right toi read
the whole thing.
=— COUNCILMAN PENNY: I have no difficulty reading it 'a .second. time.
COUNCILWOMAN COCHRAN : Call for the vote.
9.-Vote of the T-own Board Ayes : Councilman Penny, Councilwoman Cochran, Justice
Edwards, Supervisor Murphy. No: Councilman Schondebare, Councilman Stoutenburgh.
This ' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 10 is to authorize Budget modifications in the Home
Aide Program. I offer that resolution.
10. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following 1986-87 Budget modifications in the Home Aide Program:
Appropriations
Personal Services Decrease - $384. 36
Fringes Increase - $377.53
Supplies - Office Increase - $ 46. 83
to establish a budgetary amount for office supplies, and to cover fringe expenses
through March '1987, and be it further
RESOLVED that Supervisor Francis-'J.- Murphy be and he hereby is authorized to
execute an amended Home Aide Program Budget for 1986-1987 between the County
of Suffolk and the Town of Southold.
10.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This ' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 11 is 'to grant a Special License.
11. Moved by Councilwoman Cochran, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold, in accordance with Section
100-114(C) of the Code of the Town of Southold, hereby grants a Special License
to the Mattituck Presbyterian Church, the Mattituck Community Christian Fellowship;
and the Church of the Open Door, Southold, to hold a public gatherings (musical .
outreach in Praise of God) , in the A 6 P Parking Lot, north side Route 25, Mattituck,
from 7:30 P.M. to: 9:30 P.M.' on the nights of July 10," '1987, July 24, '1987, August
7, 1987, and August 21, '1987, provided they secure and maintain the proper insurance
to hold the Town of Southold harmless; and provided they secure and file with the
Town Clerk a letter of permission from the owner of the property, Alan A. Cardinale,
for each night of the public gathering.
11.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy
This resolution was declared duly ADOPTED.
JUNE 16, 1987 2 0-3
SUPERVISOR MURPHY: Number 121 appoint Veronica Diver as a member of
the Steering Committee for the Southold Town Celebraiton of the Bicentennial' of
the Constitution. 1 offer that resolution.
12. Moved by Supervisor Murphy, seconded by Justice. Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Veronica
Diver a member of the Steering. Committee for the Southold Town Celebration- of
the Bicentennial of the Constitution.
12.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman. Stoutenburgh., Justice Edwards, Supervisor Murphy.:
This " resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 13 is to allocate $500 to the Douglas Moore
Memorial Concert to be held August 8th. I offer that resolution.
131. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby allocates $500. 00
from the General Fund Whole Town Account A7270. 4, Band Concerts,. to, su ort
the Douglas Moore Memorial. COncert to be held on August -8, 1987.
13.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This .resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Next is 'to set a public hearing, 8:02 P.M., Tuesday, June
30th, on a"Local Law in' relation to license fees for peddling and soliciting licenses. "
offer that resolution.
14. 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 in' relation to license fees for peddling
and soliciting licenses," now, thefore, be it
RESOLVED that the Town. Board hereby sets 8:02 P.M. , Tuesday, June 30, 1987,
Southold Town Hall, Main Road, Southold, New York, as time-and place for a public'.
hearing on the aforesaid' ro osed Local Law"which reads as follows, to wit:
LOCAL L - 1987"
A Local Law in' relation to license fees "
for peddling and soliciting licenses
BE IT ENACTED by the Town Board of the Town of Southold. as follows:
I. • Section '69-105' (License Fees) of Chapter. 69 (Peddling and Soliciting) of the
Town C,pde is hereby amended to read as follows
"Section '69-105. License "Fees.
The fee for each license issued pursuant to this Article shall '
be one hundred ($100.) dollars per year or twenty ($20.) dollars
per day or fraction thereof."
II. This local law shall take effect upon its filing with the Secretary of State.
14.-Vote of the Town Board: Ayes.: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Next is 'to set a public'hearing for Tuesday; June 30th
at 8:04 P.M. , on a proposed "Local Law in' relation to parking permits at beaches."
offer that resolution.
15. 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 in' relation to Parking Permits at Beaches,"
now, therefore, be it
RESOLVED that the Town Board hereby sets 8:04 P.M. , Tuesday, June 30, 1987,
Southold Town Hall, Main Road, Southold,, New. York, as time and place for a public
hearing on the aforesaid' proposed Local Law which reads as follows, to wit:
LOCAL LAW NO. - 1987
A local law in relation to
parking permits at beaches
BE IT' ENACTED by the Town Board of the Town of Southold as follows:
I. ' "Section '65-3 (Parking Permits) ," Subdivision A, of the Towne Code of the
Town of Southold is 'hereby amended to read as follows :
"A. Resident parking permit.'
(1)" A resident parking permit 'shall. be issued by the Town
Clerk or a person designed by her to all persons who
are qualified residents of the Town of Southold. Persons
applying for a resident" parking permit shall. be requested
to sign an application in affidavit form .and submit for
inspection the following as proof of residence:
(a) A. valid tax receipt stub for the current year for
any taxable real property within' the Town of Southold
assessed in'the name of the applicant.
2- 04
JUNE 16, 1987
(b) A valid motor vehicle registration in the name of the
applicant and to an address located within the Town
of Southold or to an address corresponding to the
address of a validated tax receipt stub for the current
tax year for any taxable real property within the Town
of Southold affixed to the application.
(c) Such other proof of residence as is satisfactory to the-
Town Clerk. "
II. Section 65-3 (Parking Permits) of the. Town Code is further amended by adding
a new Subdivision F, to read as follows:
"F. Non-resident seasonal beach parking. permit.
Beach parking permits for non-residents for the period April 1
through. October 31 may. be issued by the Town Clerk of the Town of
Southold upon application therefor for the annual sum of fifty
dollars, which annual sum shall include both the vehicle and the boat
trai ler."
Ill . This local law shall take effect upon its filing with the Secretary of State.
" 15.-Vote_ of the Town Board : Ayes : Councilman Penny, Councilwoman.Cochran, Council-
man Schondebare, Councilman Stoutenburgh,. Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 16 is 'to set a public hearing at 8:06 P.M. , Tuesday,
June 30th, Southold Town Hall, on a proposed "Local. Law in relation to the Making
of shellfish." I offer that resolution.
16. Moved by Supervisor Murphy, seconded by Justice Edwards,
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 taking of shellfish,"
now, therefore, be it
RESOLVED that the Town Board hereby sets 8:06 P.M. , Tuesday, June 30, 1987,
Southold Town Hall, Main Road, Southold,. New York, as time and place for a public.
hearing on the aforesaid proposed Local Law which reads -as follows, to wit:
LOCAL LAW. NO.. - '1987
A local law in' relation to the. taking of shellfish
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Section 77-203C of Chapter 77(Shellfish) of the Town Code is hereby amended
by adding the following sentence thereto:
"There shall be no fee for a permanent resident who has attained
the, age of sixty-two (62) years."
I I : Section`77-207C of Chapter 77 (Shellfish of the Town Code is hereby amended
to read as 'follows:
"C. Female blue claw crabs shall not be taken from the waters
of the Town of Southold."
III. Section 77-207 (Shellfish) of the Town Code is hereby amended by. adding a
new Section D thereto, to read as follows :
"D. Crab Pots. No individual may set more than one (1) crab
pot and each crab pot and buoy shall.. have affixed thereto
the individual's shellfish permit number. "
IV. This local, law shall take.effect upon its filing with' the Secretary of State.
16.-Vote ,of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And. Number 17 is to transmit 'a proposed Local Law.
17. 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 Zoning," now, there
fore, be it
`RESOLVED that the Town Clerk be and she hereby is authorized and directed to
transmit this 'proposed Local Law to the Southold Town Planning Board and the Suff
County Department of Plannin 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 in' relation to Zoning
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I . Section 100'-30A(2) of the Town Code is hereby amended to read as follows:
"(2) The following agricultural operations and accessory uses
thereto, provided that there shall be no storage of manure'
or other odor- or dust-producing substance or use, except
spraying and dusting to protect vegetation, within one
hundred fifty (150) feet of any lot line*:",
JUNE 16, 1987 .. 205
If ' 'Section '100 (Zoning) , Article XI (General Regulations) of the Town Code
is 'hereby amended by adding a new subsection thereto, designated as Section
100-1-19. 3, to read as follows:
"Section 100-119. 3. Storm Water Runoff
Rainfall and storm water runoff. into roads or streets is
_prohibited_ from proposed residential' or commercial construction. "
III. This local law shall take effect. upon its filing with the Secretary of State.
17.-Vote of the Town Board : Ayes: Councilman .Penny, Councilwoman Cochran, Council
man Schondebare, Councilman Stoutenburgh, 'Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number .18 is 'to make an appointment.
18. Moved by Councilwoman Cochran, seconded .by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Kenneth
Reeves to the provisional position of Superintendent of Recreation 1, effective June
29, 1987., at a salary of $21,845. 00 per. annum.
18.-Vote of the Town Board : Ayes: Councilman Penny, .Counci.lwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And. Number :19 is .to authorize William Mullen to meet with
our Insurance Broker, Val Stype. I offer, that resolution.
19. Moved by Supervisor Murphy, seconded by Councilman Penny, it 'was
RESOLVED that Alie�7bwmiBbard of the Town of Southold hereby authorizes William
F. Mullen, Jr. to meet with the Town's Insurance Broker, Val Stype 8 Sons, Inc. ,
for the purpose of finalizing matters contained in Mr. Mullen's May 18,' 1987 report
on Southold Town's General Insurance Program.
19.-Vote of the Town Board : Ayes: Councilman Penny, .Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED. _
SUPERVISOR MURPHY: Okay, Number 20 is 'to engage the services .of William Mullen
as a Town Insurance Consultant, effective July 1, 1987, at a monthly fee of $500. 00,
or $6,000. 00 per year. I offer that resolution.
20. Moved by Supervisor Murphy, seconded by Councilman Penny, it was
RESOLVED t4at the Town Board of the Twon of Southold hereby engages the services
of William F. Mullen, Jr. as the Town's Insurance Consultant, effective July 1, 1987
through -June 30, 1988, at an annual fee of $6,000. 00, payable in* twelve (12) monthly
payments of $500. 00 per month; he to provide complete insurance service and issue
_ bid specifications for the Town's General Insurance Program.
20.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly_ ADOPTED..
SUPERVISOR MURPHY: And Number 21 (a) is a non-significant determination.
21. Moved by Councilwoman,Cochran, seconded by Councilman Stoutenburgh, it 'was
(a) RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State
Environmental Quality Review, and 6NYCRR., Part 617, Section 617. 10, and Chapter
44 of the code of the Town of Southold, notice is hereby given that the Southold
Town Board, as lead agency for the action described below, has determined that
the project, which is 'unlisted, will not have a significant effect on the environment.
DESCRIPTION OF ACTION . Proposed. Local Law entitled, "A Local. Law to establish: ..
a Landmark, Preservation Commission and to prescribe its duties "
The proposal has been determined not .to. have a significant-effect on the environ-
ment because an environmental assessmen t has been submitted which indicated that
no significant adverse effect to the environment are likely to occur should the proposal -
be implemented as planned, and because 'there has been no response in' the allotted
time from the New York State Department of Environmental Conservation, Southold
Town Planning Board, Building Department. or. Board of Appeals, it 'is assumed that
there are no objections nor comments from those agencies.
21.-Vote of the Town Board : Abstain:. Councilman Penny. Ayes: Councilwoman Cochran,
(a) Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 21(b) is 'to set a public hearing at 8:08 P.M. Tuesday,
June 30th, Southold Town Hall, on a proposed "Local Law to establish a Landmark
Preservation Commission. " I offer that resolution.
06;'r" J U N E 16, 1987
21. Moved by Supervisor Murphy, seconded by Justice Edwards,
(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 prescribe its duties," now, therefore, be it
RESOLVED that the Town Board, hereby sets 8:08 P.M. , Tuesday,- June 30, 1987,
Southold Town Hall, Main Road, Sothold,. New. York, ,as time and place for a public _
hearing on the aforesaid proposed Local Law, which reads as follows, to wit:
LOCAL LAW NO. - 1987'
A Local Law, to establish a. Landmark
Preservation Commission and to prescribe its duties
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 Prese No,
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 in its entirety 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 in' 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 ini the Town. of Southold structures,
buildings and sites of historic' or architectural significance, antiiquity,
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 ' site's in' order to conserve, - protest.. 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
thi s 'Chapter.
EXTERIOR ARCHITECTURAL FEATURES - The architectural. style, design,
general arrangement and components of all of the outer surfaces of any building
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.
JUNE 16, 1987 207
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.
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
unexpi red 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 once year, or unti I 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
�d
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. Promulga-tion', 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 in' 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.
2 .O 8 JUNE 16, _1987
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 signifcantly
influenced an age; or
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 district. 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 boundaries 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 of 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 will 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.
q
209
JUNE 16, 1987._,
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
principles :
(a) . Properties which contribute to the character of the landmark
shall be retained, with their historic features altered as little as
y-. -. . . .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
other features of the landmark.
'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 compatibility 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.
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.
2 1 O JUNE 16, 1987
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 1.
4. Maintenance of the property as a private residence, becomes
unaffordable.
i
E. Hardship Application Procedure
t
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
Oeservation 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
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.
J UNE 16 198.T. 211
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 o"I 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 $250. 00 nor more than $500. 00 for each day the violation
conti nues.
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.
I. 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 wi'th the
Town Board for review of the decision. The Town Board may confirm,
reject,.yor 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 resolutioir,- 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/orarchitecturally 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.
21. -Vote of the. Tow n .Board Abstai n Counci Iman. Penny. .Ayes :. Counci(woman Cochran,
(b) Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 22 is to authorize the Town Clerk to advertise
for bids for the cutting up/or removing abandoned vehicles from Town properties.
I offer that resolution.
22. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for cutting.. uplor .removing abandoned .
vehicles -from Town properties.
22.-Vote ,of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
212 JUNE 16, 1987
SUPERVISOR MURPHY: . Number 23 is to create the position of a Deputy Commissioner
of`Public Works and set his compensation for '$30,'000 per year. I offer that resolution.
23. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it:was
RESOLVED that the Town Board of the Town of Southold hereby creates the position
of Deputy Commissioner of Public Works, and sets the compensation for same at
$30,000.00 per annum.
23�-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This. resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 24 is to appoint Thomas Gannon to the position
of Deputy Commissioner of Public'Works, in' charge of the Southold Town Disposal
Site. I offer that resolution.
24. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Thomas
Gannon to the position of Deputy. Commissioner of Public'Works, in charge of the
Southold Town Disposal Site, at a salary of $30,000.00 per. annum, effective July
2, 1987, he to serve under the direct supervision of Superintendent of Highways/
Commissioner of Public Works Raymond' L. Jacobs.
24.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY; Number 25 is 'a Budget modification in the Highway Depart-
ment Budget.
25. Moved by Councilman Schondebare, seconded. "by Councilman Stoutenburgh, it 'was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following '1987 Budget modification to the Highway Fund - Whole Tow.n:
Revenues
DA 2770 Other Unclassified Increase - $242.22
Appropriations
DAB 9730.7 Bond Anticipation. Note - Interest Increase - $242.22
whereas the Budget is 'insufficient for Bond Anticipation. Note interest on the Front
End: Locader Mobile Sweeper.
25.-Vote of the Town Board:. Ayes: Councilman Penny,- Councilwoman Cochran, Council-
man Schondelbare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 26 is 'to execute an agreement between HUD and
the Town of Southold. I offer that resolution.
26. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis 'J. Murphy to execute contract between the U. S.
Department of Housing and Ubran Development and the Town of Southold for the
Section 8 Housing Voucher Annual Contributions Contract (ACC) for the six (6)
month period : July 1, '1987 through December 31, 1987, all in accordance with the
terms and conditions of the contract as approved by the Town Attorney. (Project
No. NY36-V.152-0004; Master Account No. NY1045V.)
26.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED..
SUPERVISOR MURPHY: Number 27 is to set a policy.
27. Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it 'was
RESOLVED that the Town Board of the Town of Southold hereby adopts the policy
that no informational material from outside organizations or ersons shall be display
in the Southold Town Hall.
COUNCILMAN SCHONDEBARE : I think we should have some agreement as to what
can be displayed and what can't. Education material I think is perfectly legitimate,
as the flyers we had presented to us today. Does everyone agree on that?
COUNCILWOMAN COCHRAN: Well, that's why 1 think, Paul, this morning as 1
mentioned, that you review a policy once a year, and that we will be reviewing
all Town Board policies, because some you add to, some no longer affect, and you
take away, and this 'Board knows the intent of this policy.
213
JUNE 16, 1987
;COUNCILMAN STOUTENBURGH : That's what I want to make sure.
COUNCILWOMAN COC,HRAN: . The next Board may not know the intent. So you
review your fi le once a year. Common sense on this: And this Board understands
the intent of this policy. It's a policy, it's not,a law. I think you can get carried
away on some of these things.
SUPERVISOR MURPHY: Any other questions? .(No response.)
27.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council
-'
man Schondebare, Councilman Stoutenburgh, Justice-Edwards, Supervisor Murphy.
This resolution was declared duly ADO.PTED. .
SUPERVISOR MURPHY: Number 28 is 'a Home Rule Message on the amended version
of the Land Transfer Tax. I offer that resolution.
28. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it. was ,
RESOLVED that. pursuant to Article IX of the Constitution, the Town Board of the.
Town of Southold requests the enactment. of Senate bill' No. S. 3058-A, entitled "AN
ACT establishing the Southold. land preservation bank to preserve, acquire, hold
and manage certain real property in the town of Southold, county of Suffolk and
providing for the repeal of certain provisions upon expiration thereof. " It is hereby
declared that a necessity exists for the enactment of such legislation, and that the
facts establishing such necessity are as follows: The Town Board does not have
the power-.' to enact 'such. legislation by local law.
28.-Vote of the .Town Board : Ayes : Councilman Penny, Councilwoman Cochran,. Council
man Stoutenburgh,..Justice Edwards, Supervisor Murphy:' No: Councilman Schondebare.
This resolution was declared duly ADOPTED. ,.
SUPERVISOR MURPHY: Number 28 was the Senate, and Number 29 is the Home
Rule Message for the Assembly on the same law. I offer that resolution.
''29. Moved by Supervisor Murphy,, seconded. by Councilwoman Cochran, it 'was
RESOLVED that pursuant to Article IX.of the Constitution, the Town . Board,'of the
Town of Southold requests the. enactment of.Assembly bill' No. A. 4042-A, entitled
"AN ACT .establishing the Southold land preservation bank to preserve, acquire,-
hold and manage certain real property in the town of Southold, county of Suffolk-.
and providing for the repeal of. certain .provisions .upon expiration thereof. " It is
hereby declared that a necessity exists for the enactment of such legislation' . and
the facts establishing such necessity are as follows: The Town Board does not
have the power to enact such .legislation: by _local law.
29.-Vote of the Town Board : Ayes : Councilman -Penny, Councilwoman Cochran, Council- .
man Stoutenburgh, Justice Edwards, Supervisor Murphy. No: Councilman Schondebare.
This resolution was declared duly. ADOPTED.
SUPERVISOR MURPHY: . Number 30 we're going to hold for a discussion with the
Police Chief on some items, in particular Fishers Island. We would like to exempt
Fishers Island from this.' Local. Law. So it will have to be amended before we could
pass on it '(proposed "Local Law in relation to. the regulation and control of Alarm
Systems.") . Number -31 is 'a Budget modification in the Nutrition. Program. I offer
that resolution.
31. Moved by Supervisor Murphy, seconded .by Councilman Schondebare, it 'was
RESOLVED _that the Town Board of the Town of Southold hereby .authorizes the
following 1987 Budget modification.. to the Nutrition Program.:
Insect Extermination Increase $150. 00
Staff Travel Increase $175. 00
Other - Insurance Decrease $325. 00
31.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This ' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 32 is to declare Southold Town Board as the
lead agency.
32. Moved by Councilwoman Cochran, seconded by Councilman. Penny, . it was
RESOLVED that the Town Board of the Town of Southold hereby declares itself lead
agency in' regard to the State Environmental Quality Review Act in the matter of
the petition of Richard T. Carr, for L: 8 R Vineyards Associates fora change of
zone, from "A" Residential and Agricultural District to "M" Light Multiple Residence
District on, certain: property located north of County Route 48 and east of Elijah's
Lane, Matti tuck, New York.
32.-Vote of the Town Board: Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor. Murphy.
This resolution was declared duly ,ADOPTED.
214 JUNE 16, 1987
SUPERVISOR MURPHY: And Number 32 is 'to engage the services of Planner Dave
Emi lita at a cost not to exceed $130. 00 to review the Long Environmental Assessment
Form on this petition. I offer this resolution.
33. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it wIas .
RESOLVED that the Town Board of the Town of Southold hereby engages the services
of Planner David Emilita, at. a cost not to exceed $180. 00, to review the Long Environ-
mental Assessment Form with respect to the petition of Richard T. Carr, for L -S
R Vineyards Associates for a change of zone; said review to include applicant's
Part I, prepare a Part II and III , draft a proposed declaration, including a; field
inspectin; the cost of said review to be paid by L & R Vineyards Associates prior
to the commencement of the review.
33.-Vote of the Town Board: Ayes : Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh,. Justice Edwards, Supervisor Murphy..
This' resolution was declared duly ADOPTED. .
SUPERVISOR MURPHY: And. Number 34 is 'to transmit this change of zone petition
to -the Suffolk County and Southold Town Planning Boards.
. 34. Moved by Councilman Schondebare, seconded by Councilman Stoutenburgh,
WHEREAS, 'a petition has been ,received from Richard T. Carr, for L 6 R Vineyards
Associates for a change of zone on certain property located north of County Route
48 and east of Elijah's Lane, Mattituck, New York, from "A" Residential and Agri-
cultural District to "M" Light Multiple Residence District, now, therefore, be it
RESOLVED that the Town Clerk of the Town of Southold be and she hereby is
directed to transmit this petition to the Southold Town Planning Board and the
Suffolk County Department of Planning, all in accordance with the Southold Town
Code and the Suffolk County Charter.
34.-Vote of the Town Board : Ayes : Councilman:Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 35 is 'to engage the services of Sidney B.
Bowne E Son as the engineering--to. provide professional engineering services. for
- the Town of Southold, in accordance with-Aheir'proposal dated May 12, 1987. 1
offer that resolution.
35. Moved by Supervisor Murphy, seconded by'Councilwoman Cochran, it-was
RESOLVED that the Town Board of the Town of Southold'.hereby engages the services
of Sidney B. Bowne 8 Son to provide professional engineering services to the Town
of Southold, all .in accordance with their:'proposal for: same, dated May 12, '1987.
35.-Vote of the Town Board : Abstain: Councilman Penny. Ayes: Councilwoman Cochran,
Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This 'resolutioh was declared duly ADOPTED.
SUPERVISOR MURPHY: And. Number. 36.is Ito extend the engagement of .the firm.,
of Smith,' Finkelstein,. Lundber, Isler 8 Yakaboski as. Special Counsel to the. Town
Attorney, for an additional sixty days. I offer that resolution.
36. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it 'was
RESOLVED that the Town Board of the Town of Southold hereby engages the services
of Smith,, Finkelstein, Lundberg, Isler 8 Yakaboski, of Special Counsel to the Town
Attorney, for an additional sixty. (60) days, to August 21; 1987, at $125. 00 per hour.
36.-V,ote.of the :Town Board: Ayes : Councilman Penny, Counci lwoman-Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, .Justice Edwards, Supervisor Murphy.
This resolution was declared :duly ADOPTED.
SUPERVISOR MURPHY: And. Number 37 is to amend a Resolution. No. 28 of March
24th, setting salaries to reflect a six percent increase in'our contract for.the Beach..
Attendants and Lifeguards. I offer that resolution.
37. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby amends their
Resolution. No. 28, adopted on March 24, '1987, appoi-nti nq Jack Lake a Beach Attend-
and, to increase his per hour pay rate from $5. 15 to $5. 35 per hour, said increase
to be retroactive to his first day of employment; and be it further
RESOLVED that the Town Board hereby amends thei r'Resolution No. 6, adopted
on May 19, :1987, appointing Lifeguards and Beach Attendants, to increase their
per hour pay rates as follows;
JUNE 16 1987 215
LIFEGUARDS
Brian Bambrick - from $6. 00 to $6. 35
Charles Boyer - from $6. 00 + .25 = $6.25
head lifeguard to $6. 36 + .25 = $6. 61
Joseph Barisic - from $5.75 + .25 = $6. 00
head lifeguard to $6. 10 + .25 = $6. 35
Yvonne. Nicol - from $5.75 to $6. 10
Douglas Brown - from $5.25 to $5. 57
Michael Conklin from $5. 50 to $5. 83
Thomas McNulty - from $6. 00 to $6. 36
Thomas Scheuermann - from $5.25 to $5.57
Gordon Blake - from $5. 00 to $5. 30
Chris McNulty - from $6.25 to $6. 63
BEACH ATTENDANTS
Elizabeth McNulty from $4. 50 to $4. 77
Joanne McNulty - from $4. 35 to $4. 61
and be it further - -RESOLVED that the Town Board hereby amends their Resolution No. 1 , adopted
on June 2, 1987, appointing Lifeguards, to increase their per hour pay rates as
follows :
Matthew J. Gans - from $5_. 00 to .$5. 30
Chris C. Oliver - from $5. 00 to $5.30
and be it further
RESOLVED that the Town Board .hereby amends their Resolution No. 17, adopted .
on June 2, 1987 appointing Beach Attendants, to increase their per hour.pay rates
as follows :
Robert H. Doering - from $4. 05 to $4.29
Kathleen L. Fox - from $.4. 05 to $4.29
LeeAnn Steidel from $4..05. to $4.29
Donna Marie'Strickland . - from $4. 05 to $4.29
37.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran,.:.CounciI-
man Schondebare, Councilman Stoutenburgh, Justice Edwards,_ Supervisor Murphy.
This resolution was declared duly ADOPTE.D.
SUPERVISOR MURPHY: And Number 38 is 'to authorize the Town Clerk to advertise
for resumes for part-time and full-time.Clerk. Typists for the Southold Town Hall.
offer that resolution.
38. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh,• it was
RESOLVED tHat the Town Board of the Town of Southold .hereby authorizes and
directs the Town Clerk to advertise for resumes for part-time and full-time. Clerk
Typists for the Southold Town Hall.
38.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman.-Cochran, Council
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED. .
SUPERVISOR MURPHY: Would the Town Board like to act on the public hearing
that we held tonight on, the Change of Zone? (All agreed.) Okay, I would like
to offer the resolution to approve the.change of zone for the Burt Lewis property.
OnAhe' question. Paul, you had something?
COUNCILMAN STOUTENBURGH : . No, I thought we could hold it, but you've already
started.
SUPERVISOR MURPHY: Would you like to hold it? No one spoke in opposition.
COUNCILMAN STOUTENBURGH: All right. Go ahead.
39. Moved by Supervisor Murphy, seconded by Councilman Schondebare,
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 situated
at Southold, Town of Southold, New York, from "A" Residential and Agricultural
District to "B" Light Business District, and
WHEREAS, the said petition was referred to the Southold Town Planning Board and
the Suffolk County Department of Planning for official recommendation and report, and
WHEREAS, the Town Board, pursuant to due notice, held a public hearing thereon
on the 16th day fo June, 1987, at 8:00 P.M. , at which time all interested persons
were cii ven an opportunity to be heard,: now, therefore, be it
RESOLVED that Burt G. Lewis; Jr. be and he hereby is GRANTED the relief demanded
in said petition, on the following described property: All that certain plot, piece
or parcel of land, with the buildings and improvements thereon erected, situate,
lying and being at Southold, in the Town of Southold, .County of.Suffolk and, State
of New York, bounded and described as follows: BEI N N I NG at a point on the northerly
side of Main Road, at the southeast corner of the hereinafter described premises,
2 16 JUNE 16, 1987
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 74° .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 160 37' 40" West 136. 00. feet; and (2). North 741 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.
39.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council
man Schondebare, Justice Edwards, Supervisor Murphy. No: Councilman Stoutenbur
This .resolution. was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, we have one final resolution that I would like to
read at this 'time.
40. Moved by Supervisor Murphy, seconded . by the Entire Town Board,
WHEREAS, this Board has learned with deep sorrow of the death of former SOUTHOLD
TOWN HISTORIAN MAGDALINE .GOODRICH; and
WHEREAS, in her service to the people of the Town of Southold as Historian from
October 1, 1975 through December 31, 1986,, MAGDALINE GOODRICH, distinguished
herself as a dedicated and conscientious public servant; and
WHEREAS, the Town Board of the Town of Southold. wishes to five formal expression
of its loss in the death of MAGDALINE GOODRICH, a woman esteemed by her assoc-
fates and respected by all;. now,. 'therefore, be it
RESOLVED that when the Town Board adjours this 'day, it 'does so out of respect
to the memory of MAGDALINE GOODRICH; and be it 'further
RESOLVED that a copy of this resolution be spread upon the minutes of this Town
Board meeting a copy be-transmitted to the family of MAGDALINE GOODRICH, that
-we may extend to them our sincere;a: m ath
Y p y
40.-Vote of tthe�Town. 13oardc:`Ayes : Councilman _Pennys Councilwoman Cochran, Council=
man; S:ch'ond:ebare'> :C.ounciilman Stouteriburgh, Justice Edwards, Supervisor Murphy.
Thi s' resolution was declared .duly ADOPTED.
SUPERVISOR MURPHY: And I'd like to ask for one moment of silence in memory.
of Mitzi Goodrich who was a very good and faithful servant of the Town of Southold.
(Moment of silence.) Thank you. At this time I 'would like to ask the Town Board
if they have anything further to say? Ray?
JUSTICE. EDWARDS: . Nothing, thank you, Frank.
SUPERVISOR MURPHY: Jean?
COUNCILWOMAN_ COCHRAN: Thank you, no.
SUPERVISOR MURPHY: Paul?
COUNCILMAN STOUTENBURGH: Nothing, except our beaches have all been okayed
by the Health Department.
SUPERVISOR MURPHY: Good. Jay?
COUNCILMAN SCHONDEBARE: . Nothing, Frank. Thank you.
SUPERVISOR MURPHY: George?
COUNCILMAN PENNY: Yes, I'd like to publicly--although he's not here--thank
Superintendent of Highways Ray Jacobs for the fantastic '.job he did in cooperation
with the County Department. of Dredging in'.refurbishing Kenney's Beach. It's been
about five or six years since Kenney's Beach has looked as good as it has, and
already I've notice in the last weekend that people are attending it, and as a matter
of fact as I drove down there tonight in' between our earlier session, there were
four or five cars there and there were people walking up and down the beach and
enjoying it 'already. So I'd like to thank Ray who did a super. job,..and 'I might
also add that there was no cost to the Town of Southold.
COUNCILMAN SCHONDEBARE: Did you tell them that the sign said; "Beach Is
Closed"?
COUNCILMAN PENNY: I did not mention a word.
COUNCILWOMAN COCHRAN: There is 'a cost to the Town, using Town equipment.
COUNCILMAN PENNY: . Not in dollar cost to the Town. We're not going to get a
bill: The Highway Department trucked--
JUNE 16, 1987 217
COUNCILWOMAN COCHRAN: We realize_that:-- -
SUPERVISOR MURPHY: We realize that, but it did cost the Town money. Thank
you.
'COUNCILWOMAN COCHRAN : There's still a cost to the Town.
COUNCILMAN PENNY: When everybody does it they always include services'-in-
kind as no cost to the Town and I'm only doing the same.
COUNCILWOMAN COCHRAN : Not me. There's a cost.
SUPERVISOR MURPHY; Okay, at this time I'd like to ask anybody in: the audience
iif'they would like to address the Town Board on any matter at all? Over here on
the left? In the middle? Sir.
ALFONSE MARASEL: My name is 'Alfonse Marasel. I came here last year concerning
the compression guns, and last Tuesday it 'has already started and this 'has ruined
my entire summer last year. I'd like to ask you--this 'is prohibited uses in' all :districts.
called the Police Department and the Police Officer came, then- the second Police
Officer came, and he said there was no law against -it.' Now, I'd like to know why
this was written. The Southold Code. It says in part and 1 read the whole thing
last year. "Which causes injury, annoyance or disturbance to any of the surrounding
properties or to their owners an occupants. " I should have read this first: "Or
to adversely affect the surrounding area by "reason of the creation of noises, vibration,
and so on." I'd like to know why this was written if there's no law against it? This
is the Southold Code. This 'is very annoying to us. That was never done before
last year. This is 'the first time. Last year was the first time it was ever used
that I know of. Everybody I spoke to said' that was the first time it was ever done.
The Police Officer came to .me when I called last year and he said this is the first
time this 'was ever done. I spoke to Joey McLelland, reporter forThe Suffolk Life.
He had never heard of it. --
SUPERVISOR MURPHY: Excuse me. Could you please just specify what was never.
done before?
ALFONSE MARASEL: The noise from the compression guns. I don't -see why' we
should be subjected to.;that. It's very disturbing. It's not just a noise like any
other traffic noises or farm equipment, tractors, all kinds of noises which are done
- in'the farms" I moved next . to a farm and I accepted all these things. I knew
all these tl'nings .wo.uld happen. I had no complaint. But when the compression
guns started, that was something else. I don't feel.we should be subjected to .this:
It's not a normal noise. It's .a repetitive noise, and it works on the nerves.
SUPERVISOR MURPHY: Thank you. All- I can tell you is that my boy is 27 years
old this last February, and he was brought home, and ..the farmer across the street .
on the first summer that he was there and had colic; the farmer was using ..an air
gun. This is '27 year ago. I feel sorry for you.
ALFONSE MARASEL: I didn't come here for sympathy.
5 SUPERVISOR MURPHY: I was just making a point. . You said that this is the first
time this was used. I'm telling you. it 'was used across the street from my house
27- years ago.
ALFONSE MARASEL: Twenty-seven years ago?
SUPERVISOR MURPHY: Twenty-seven years ago I said:
ALFONSE MARASEL: What does that .prove, 27 years ago? Did they have these
guns 27 years ago?
SUPERVISOR MURPHY: I was just making a correction where you said that you
were told that this 'is 'the first time it 'was used was last year.
ALFONSE MARASEL: The compression gun makes a repetitive noise every minute
and twenty seconds.
SUPERVISOR MURPHY: I told you it was used across the street from my house
27 years ago. That's all I'm commenting on, sir.
ALFONSE MARASEL: That doesn't give him the right to use that. He have rights.
We have the right to tranquility. We have a right to that. If the farmer'has his
problems he doesn't have to solve them at our expense.
SUPERVISOR MURPHY: We'll talk to the Town Attorney. If you would like to,
you may.
2 1 .8 JUNE 16, 1987
ALFONSE MARASEL: I'll speak to him. Can I see him tomorrow?
SUPERVISOR MURPHY: You can't.. You're not allowed. You could discuss with
an attorney if 'you would like. We will speak to our attorney.
COUNCILWOMAN" COCHRAN: Excuse me, sir. I realize you're coming here to look
for a solution of some possible help, and I'm sure your complaint is going .to be
one of many this summer, and I think the Town Board has to sit down and discuss
this. We do support farmers. We do support the fact that we have agricultural
markets and growth in this area, but we also realize that people have certain rights
also, and I think the Town Board has to seriously discuss how this can be.handled.
Perhaps it can be hours set, because I'm familiar with the fact that some of these
things go to 10:00 or 11 :3^ 31ciock at night. The birds are sleeping. Sot really
think we have to deal with it.' We do..
ALFONSE MARASEL: I have. no complaints against the farmer.
COUNCILWOMAN COCHRAN : No, I'm not complaining against the farmers either,
but I realize what your problem is and I think we have to deal with. it.' Period.
COUNCILMAN SCHONDEBARE: I think we realize that we would not want one behind
our house. We would not want one behind our homes,. nor next door. We know
that. We've got a problem. We know that too. We've got to address the problem..
COUNCILWOMAN COCHRAN: Yes, we do.
ALFONSE MARASEL: And the farmer, what did' he do before. I spoke to this.'man
last year after about a month and a half it 'was too much .-for me. So I spoke to
him Others have spoken to him', and he stops it "for a couple of days and he starts
up again. He told me, "Well, I don't want to poison the birds," he said. "I used
to poison the birds. The fox came and. they dropped dead. " ..Now, that's a likely
story. I wasn't going to argue with him" about that. I never saw any dead birds
laying around.
COUNCILMAN PENNY: Where do you live, sir?
ALFONSE MARASEL: Orient Point. Green Acres.
COUNCILMAN` SCHONDEBARE: Hce was 'here last year.
ALFONSE MARASEL: I'm not against farming. We went to live next to a farm.
-We knew what it 'was all about. We knew there were tractors, the dust was being
raised. We knew all that. We accepted it: Nobody has to tell us if "you don't
like it go somewhere else.
COUNC"ILMAN SCHONDEBARE : What is it; one minute and twenty seconds it goes
off?
ALFONSE MARASEL: If they pay the expense to relocate us, I'll accept that.
COUNCILMAN SCHONDEBARE: How often does it goes off? A minute and twenty
seconds?
ALFONSE MARASEL: He started last Tuesday. Last year he started July the 3rd,
and went on through.
COUNCILMAN SCHONDEBARE: How often does it 'go off?
ALFONSE MARASEL: Every minute and twenty seconds, and at times last year it
was every four or five seconds. And he -was only 100 yards away. I estimate a
100 yards away from me. We could not sit on our deck in the evening.
COUNCILMAN PENNY: Could you pass on to us the name of the farmer? Possibly
we're going to have to meet with him' and other farmers that we've had complaints
about and sit down and hopefully come up with some sort of compromise, and see
if it's going to work for both the farmers and the population, because, let's face
it, they're going to drive the people crazy and drive the birds out, and we don't
need the people going crazy.
ALFONSE MARASEL: Mr. Murphy spoke to him.
SUPERVISOR MURPHY: We went down. Dan Winters and I went down there.
COUNCILMAN PENNY: We're going to have to set up a meeting here in' the Town
Hall of these farmers .that are using this type of equipment, and work out.. .
219.
JUNE 16, 1987-
COUNCILWOMAN COCRHAN: We can't just keep ignoring there's a problem.
COUNCILMAN PENNY: It used to .be a two week season.
COUNCILMAN SCHONDEBARE : Put it on the agenda for discussion at the-next
meeting. We'PI put it on the agenda for discussion at our next Board meeting, which
is two weeks from today.
ALFONSE MARASEL: We had a meeting about this last September at the :Youth Civic
Center, and some of the people from the vineyards--we have nothing, against the
vineyards--they_don't affect us, but most of these people who came there they asked
what the alternative was. I thought it Was pretty nervy, what's the alternative._
It's not for us to solve their problems or to suggest anything. We don't have to
"solve thei r"problems.
RUTH OLIVA: I participated in a League of Women Voters discussion in Riverhead
about Farmland Preservation--specifically Riverhead's. But I thought Dave Newton
came up with an excellent suggestion for problems such as this: to have some sort
of mediation board to work out these .problems between the farmers and the home-
owners as far as the boom-boom guns going off and the sprays and this and that.
thought that was a pretty good idea, because it is 'a problem and it should be
solved amicably between both--among all the parties.
COUNCILMAN SCHONDEBARE: There might someone with a better idea, and they
can do it on a case by case basis between the neighbor and the farmer, and adjust
it 'to their 'needs, rather than us trying to pass a Local Law that will affect everybody
and we get into all sorts of trouble when we try to do that. A good suggestion.
Thank you, Ruth..
SUPERVISOR MURPHY: Okay, -anyone else wish to address. the Town Board? (No
response:) If not, I would like to entertain a motion to adjourn and thank everyone
for coming out tonight. _
Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that this 'Town Board meeting be and: hereby is 'adjourned at 8:50 P.M.
Vote of the Town Board : Ayes : Councilman Penny; Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
,u
Judith ,T. Terry
Southold Town Clerk