HomeMy WebLinkAboutTB-07/14/1987JULY 14, 1987
SOUTHOLD TOWN BOARD
23,3
JULY 14, :1987
WORK SESSION
Present: SupervisOr Frands J. Murphy, Justice Raymond W. Edwards, Council-
man Paul Sto, · Councilwoman Jean W, Cochran, Councilman George ,I._,~
Penn' T. 'Terry. Councilman James A. Schondebare
[2:30 p.m,).
-9:00 A.M. - Board__.met with Police Chief H;. Daniel Winters to review the proposed
Local Law with respect to Alarm Systems. Chief will'work with Special Attorney
Yakaboski to exclude Fishers Island from the law, after which a new date will
be set for a 'public'hearing.
9:201 A,M..- Greenport Villa~le Trustee Gall Horton and Villa~le Community tDevelop-
ment Director William Gi, ll0ol¥ met with the Board to discuss their proposed' Water-
front Revitalization Program.
9:45 A.M. - Recreation Superintendent Kenneth Reeves met with the Board~ to
bring them up to date on Upcoming programs: swimming lessons, tennis'lessons.
He advised he has attended various meetings concerning elder, ly .and.,handicapped.
Also discussed was the cash box lost by Beach. Attendant Elizabeth McNulty which
contained_non-resident and resident vehicle permits, as well as approximately
$1'00.'00 Cash. Mr. Reeves will' notify the other Beach Attendants 'of the numbei~s
of the' missing permits so they will .be on 'the look~out. The Town Clerk is ultimately
responsible :for the cash with respect to all of the permits, therefore, resolution
no. ~19, was placed on the agenda to absolve the Town Clerk of responsibility
for remitting the cash for the lost permits.
10:'00. A.M. -Valerie'K. Cardona met with the Board to discuss the proposed
new Town of Southold Supported Work, Project. Mrs. Cardona has prepared the
necessary, grant applications and requested the'Town Board to make a commitment -'
of $17',000 and their support for the program. The Board does not have the
$17,000 in the ;1987. Budget, and Mrs,. Cardona agreed to solicit 'funds from service
groups to make up the shortfall. This 'is 'a program which would provide ~job
coaches" to work.. With mentally'and developmentally disabled adults on the-job
for local businesses. She~has received a considerable amount of local support -
for the program .... .:_ ?-
10:15 'A.M. - Landma~A Preservation Commission members John Stack, Chairman,
Joy Bear, and William Peters appeared before the Board to discuss the proposed
"Landmark Preservation Local Law" which the Town Board will be rehearing on
August 11th (see resolution no. 30)'. At this:time Special Attorney Yakaboski
was present and the Landmark members moved to another room to discuss .the
.proposed law with Mr. Yakaboski So he may make a recommendation to the Board.
10:20 A,M. - For Discussion Items (1) Letter from the Board of Town Trustees
recommending the Town Board appoint a Conservation Advisory Council member
on Fishers Island, and the CAC review the resumes and recommend to the Town
Board the member to be appointed. Since the CAC already has seven members,.
a vacancy does not exist for a member from Fishers Island. (2) Petition from
'residents of LaurelWoo Drive, Laurel, requestinq the town to landscape and properly
maintain the circle/sump in' the middle of the development. Superintendent Of
Highways Jacobs has met with the residents andis/working on the project. (3)
Enactment of proposed"Local Law'in ,relation to Parking Permits at Beaches",
(see resolution no. 21). (4) Enactment of proposed "Local Law in relation to
the taking of Shellfish," (see resolution no. 22). (5) Appointment of members
of the Waterfront Revitalization Advisory Committ:ee t0 be discussed when Council-
man Schond~ebare is present. (6) Letter from Attorney Allen M. Smith, member
of the Suffolk County Charter Revision Commission, inviting Town Board members
to attend a forum on July '15th at the Riverhead County Center. (7) Peti,tion
containing 330 signatures protesting the removal of Jeanne Marriner and Martin
Garrell from the Conservation Advisory Council Will be discussed when Councilman
Schondebare is-present. (8): Letter from Fishers I.sland Fire District requesting
Town funds to provide Enhanced: 911 on Fishers Island. NY Telephone. Co.
representatives will go to Fishers Island on August 5th to meet with
Telephone- representatives. :(9) : Letter from. the. NYS-DEC, Stony Brook
the Town Board. to assist them in their evaluation of a Town of E
Processing Fadlity. (t"0~ ;Discussion relative to the use of ~
JULY 14, 1987 2 33
SOUTHOLD TOWN BOARD
JULY 14, 1987
WORK SESSION
Present: Supervisor Francis 'J. Murphy, Justice Raymond W. Edwards, Council-
man Paul Stoutenburrib., Councilwoman Jean W. Cochran, Councilman George L,
Penny IV, Town Clerk 'Judith T. Terry. Councilman James A. Schondebare
(Z:30 p.m..) .
9:00 A.M. -. Boards-met with Police Chief H. Daniel Winters to review the proposed
Local. Law with respect to Alarm Systems. Chief will'work with Special Attorney
Yakaboski to exclude Fishers Island from the law, after which a new date will
be set fora public 'hearing.
9:20: A.M.. - Greenport Village Trustee Gail Horton and .Villa a Comm unitykDevelop-
ment. Director William Gi loo y met with the. Board to discuss their proposed' Water-
.front Revitalization Program.
9:.45 A.M. - Recreation Superintendent Kenneth Reeves met with the Board:' to
bring them up to date on..upcoming programs: swimming lessons., tennis 'lessons.
He advised he has attended various meetings' concerning elderly and,;handicapped.
Also discussed was the cash box lost by Beach. Attendant' Elizabeth McNulty which
contained__non-resident and resident vehicle permits, as well as approximately
$100'.'00 cash.: Mr. Reeves will notify the other. Beach Attendants of the nfumbers
of the missing permits. so they will' be on the look=out. The Town Clerk is ultimately
responsible .for the cash with respect to all of the permits, therefore, resolution
no. .'19. was placed on the agenda to absolve the Town Clerk of responsibility
for remitting the cash for the lost permits.
10:'00: A.M. -. Valerie'K.. Cardona met with the Board to discuss the- proposed`
new Town of Southold Supported Work..Project. Mrs. Cardona has prepared the
.necessary grant applications and requested the Town Board to make a commitment
of $17','000 'and thei r"support for the program. The Board does .not have the
$17,000 in'the 1987: Budget, and Mrs. Cardona agreed to solicit funds from service
groups to make up the shortfall. This •is 'a program which would provide "job.
coaches" to work.with mentally and developmentally disabled adults on the-job
for local businesses. She -has received a considerable amount of local support
for the program. =
. . 10:15 A.M. - Landmark Preservation Commission members John Stack, Chairman,
Jar Bear, and William Peters appeared before the Board to discuss the proposed
"Landmark Preservation Local Law" which the Town Board will be rehearing on
August 11th (see resolution no. 30)'. At this time Special Attorney Yakaboski
was present and the Landmark members moved to another room. to discuss :the
proposed law with Mr. Yakaboski so he may make a recommendation to the Board..
10:20 A.M. - For Discussion Items (1) Letter from the Board of Town Trustees
recommending the Town. Board appoint a Conservation Advisory Council member
on Fishers Island, and the CAC :review the resumes and recommend to the Town
Board the member to be appointed. Since the CAC already has seven members,.
a vacancy does not exist for a member from Fishers Island. (2) Petition from
residents of L:aurelwoo Drive, Laurel, requesting the town to landscape and properly
maintain the. circle/sump in• the middle of the development. Superintendent of
Highways Jacobs has met with the residents andAs:working on the project. (3)
Enactment of proposed"Local Law �in•,relation .to Parking Permits at Beaches",
(see resolution no. 21)'. (4) Enactment of proposed "Local Law in relation to
the taking of Shellfish," (see resolution no. 22) . (5) Appointment of members
of the Waterfront Revitalization Advisory Committee to be discussed when Council-'
man Schondebare is present. (6) Letter from Attorney Allen M. Smith, member
of the Suffolk County Charter Revision Commission, inviting Town Board members
to attend a forum on July 15th at the Riverhead County Center. (7) Petition
containing' 330 signatures protesting the removal of Jeanne Marriner and Martin
Carrell from the Conservation Advisory Council will• be discussed when Councilman
Schondebare is *present. (8): Letter from Fishers Island Fire District requesting
Town funds .to provide Enhanced: 911 on Fishers Island. NY Telephone. Co.
representatives will• go to Fishers Island on Aug.ust 5th.to meet with Fishers Island
Telephone- representatives. '(9) Letter from. the. NYS-DEC, Stony Brook,• asking
the Town. Board.. to assist them in' thei r evaluation of a Town of Brookhaven„Waste:
Processing Facility. (TOT -Discussion relative to the use of compression guns
234 J U LY 14,. 1987
for scaring birds will be discussed ":when Councilman Schondebare is pres nt.
01) Discussed changing the title of Ortrud Hanus, part-time. Clerk Typist to Account
Cler.k. '(see resolution no. 23) . (12).' Discussed reappointment of Mary Ann Cybulski,
part-time Clerk Typist for the. Board of Appeals (see resolution no. 24) . (13) Board
noti.fied by Denise Molia that she declines .the position of Council 'to the Town
Attorney. (14) Memorandum from Gladys Csajko,. North Fork Animal Welfare League,
Inca relative to payment of veterinary bills resulting from the electrical mishap
at the Dog Pound 9see resolution no: 25) .' (.15)' Proposal to go to bid for the
purchase of a drinking !water. vending machine. This was discussed with 2:05
P.M. with Water Advisory.. Committee member Frank Bear and Town Clerk authorized-
to advertise for bids' (see resolution no. 27) .
10:55 A.M. - Special Counsel Frank Yakaboski and Landmark members Stack,
Bear and Peters met with the Board to again*discuss the proposed Landmark
Law. Mr. Yakaboski had reviewed the law with tli� nierabers and recommended
it be adopted as submitted to the public hearing. The adoption would- qualify
the.,Town as a Certified Local Government. Councilman Penny stated he cannot
support the proposal as it should be voluntary and not mandatory. A decision
wily be made at the regular meeting (see resolutions no. 26 and 30) .
11.:50 A.M. -: Board reviewed regular meeting resolutions:--
12:05 P.M. - Plans were received from Robert Brown, Architect, for the proposed
emergency exit from the Accounting Department in the basement. Executive Admin-
istrator Lessard has reviewed the plans and will meet with Mr. Brown to discuss
suggested changes.
12: 10 P.M. - Recess for lunch.
1: 30 P.M. - Work Session reconvened and the Board audited outstanding vouchers.
2:05 P.M. - Frank Bear, Chairman of the Water Advisory Committee, met with
the Board, along with Arthur Avedon, President of.the Southold Senior Citizens.
Club, to request the purchase of a drinking water machine to be placed at the
Senior/Youth Center. The machine which was located there two years ago was
m-oved:.Qto Greenport Village when renovations to the Senior/Youth: Center.-were
taking place. Town Board will' authorize Town Clerk (see resolution no. 27)
to advertise for bids for the purchase of.a new drinking water machine.
2:20 P.M. - Councilwoman Cochran distributed material received from David Newton,
Cooperative Extension Agent, relative to dealing with conflicts. Mr. Newton
sent this 'irfformation at the; nequest..of Councilwoman Cochran as an aide in deal-
ing with the. compression guns being used by farmers to frighten the birds from
their'crops. Mr.. A fonse Marasel, Orient, who has registered numerous complaints
relative to the. use of the.iicompressioh guns, was in' the audience and given a
copy of the information from Mr.. Newton.
2:30 P.M. (Councilman Schondebare present). Board met with Special Counsel
Frank Yakaboski to discuss proposed legislation to exclude Fishers Island from
being assessed for the landfill costs, and their 'assessment shall be.exclusively
under the Fishers Island Garbage E Refuse District to the disposal of their solid'
waste. Mr. Yakaboski will' discuss this •legislation with Assemblyman Sawicki
and request that he arrange a meeting. with the Office of Local Government, Albany, .
to review the proposal and seek thei'r�opinion with respect-.to the proper manner
- of'submitting the proposed legislation.
EXECUTIVE SESSION
2:.45 P.M. - The. Board discussed with Special Counsel Yakaboski pending litigation,
and anticipated litigation.
3:15 P.M. - Computer presentation by Triangle Corp. and Claude M. Lewenz
of DLH/I NE Corporation.
5:00 P.M. - Board discussed the recent appointments to the Conservation Advisory
Council, at the request of Councilman Stoutenburgh, based upon the receipt of
a petition containing 330 signatures requesting the Board to reconsider the removal
of Jeanne Marriner and Martin Ga,rrell. Board members Schondebare, Cochran
and.,Penny indicated the appointments have been made, they don't wish to fire
those appointed, therefore there is 'nothing further to discuss.
`'=�' 5:02 P.M. - Work Session adjourned.
JULY 14, 1987. 2 3 5.
REGULAR MEETING
7:30 P.M.
A Regular Meetin ' of the Southold Town Board was held on Tuesday, July
14, 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
..
Counciliridr James A. Sch6ridebare
Councilwoman Jean W. Cochran
Councilman George L. Penny IV
Town Clerk Judith T. Terry
SUPERVISOR -MURPHY: `: Good evening. I would like to officially open this regular
Town Board meeting by asking you to all stand and. join the Town Board in' the
Pledge of Allegiance. '-' (Pledge) Tharik you: The first order of business �:!d. like
a resolutiohtto 'approve the audit 'of the bills of July 14th, 1987.
Moved by Cb.uncilwoman Cochran, seconded by 'Justice' Edwards, it was
RESOLVED that the following audited bills be and hereby are ordered paid : 'General
Fund Whole Town bills in' the amount of $48,585. 32; General Fund Part Towri bills -
in•the amount of $27,509. 82; Highway Department bills in' the amount of $25,304.54;
Fishers Island Ferry. District bills in' the amount of $35,'356. 02; Nutrition Program
bills in the amount of $16,370. 18;' Adult Day Care Program bills in the amount of
$11772.'82; Fishers Island Sewer District bills in' the amount of $22. 00; Southold
Wastewater Treatment Plant District bills in' the amount of $1',981.28; Dog Pound
Capital Account bills in' the amount of $197. 72; Brief Respite Program bills in the
amount -of .$2'88..'00;. Home Aide Program bills in: the amount of $1,617. 08.'
Vote of the Town Board Ayes: Councilman Penny, Councilwoman Cochran, Council-*
man Stoutenburgh,: Justice Edwards, Supervisor Murphy. 'Abstain: Councilman
Schondebare.:.'",._:....
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Next is 'a resolution to approve the minutes of the June
30th, 1987 Town Board meeting.
Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was
RESOLVED that_,the minutes of the Southold Town Board meeting held on June 30,
1987" be and hereby are approved.._-
Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Stoutenburgh, Justice Edwards, Supervisor Murphy. Abstain: Councilman
Schondebare. _.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Next is 'a resolution setting the next meeting date for
July 28th, 1987., 7: 30 P.M. , Southold Town Hall.
Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was
RESOLVED --that the next Regular Meeting of the Southold Town Board will be held
at 7: 30 P.M., Tuesday, July 28, 1987, at the Southold Town Hall, Main' Road,. Southold,
New York.
Vote'of the Town Board: Ayes : Councilman Penny, Counci]woman Cochran, Council-'
man Schondebare,. Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
I . REPORTS.
SUPERVISOR MURPHY: The first item on the agenda are Reports. I'd like to .
remind .everybody these reports are on file in• the Town Clerk's Office for anyone
who'would like to read them at any time.
1. Town Justice Edwards - monthly report for June '1987.
2. Recreation Department - monthly report .for June 1987'.
..3. Building Department - monthly report for June 1987.
4. Town Clerk Terry - monthly report for June '1987.
5. (a)Scavenger Waste Treatment Facility - monthly report for June 1987'.
5. (b)Scavenger Waste Treatment Facility Maintenance and Lubrication- Requirements.
6. N.Y.S. Dept." of Agriculture, and Markets Compliance Report - Dog Pound,-
June 23, 1987.
236 JULY 14, 1987
7. Town'-'Trustees - monthly report for June 1987.
8. - Police Department - monthly,-.report for June 1987.
9. . ` .-SzepatowskirAssociates, Inca ► -htliay report for.June 1987.
'10. (a)'Supervisoe's monthly budget report - January 1987.
10. (b)Supervisor's monthly budget report- February 1987.
11. Southold Town Dog Pound - monthly. report for June 1987.
12.. Town Justice Tedeschi - monthly report for June .1987.
13. Councilmen's Reports. At this time I'd like to ask the Councilmen if
they have anything to report, starting on my left with Judge Edwards.
JUSTICE. EDWARDS: Thank you,: Frank. Last Tuesday morning I met, along with
the Commissioners. of the Fishers Island Ferry District, with the Town Fathers
of the. City -of New. London in regards to the property swap that's going through
with their waterfront revitalization plan. They're planning to spend $120 million
dollars. in redoing their wztcr frcnt, and Fishers Island and the Town of Southold
owns 1,000 feet of waterfront along the river that is. very necessary for their plan.
They have planned a new ferry dock for us, and a place for three boats, enough
parking for close to 200 cars, a brand new terminal facility, .40 by 100 feet for
us; and I think the people.of Fishers Island, once they look into it=-of course
it's up to the voters to: vote on it; but it's a hell of a plan. It will be a-..turn-
key operation. Of course, we won't .leave our facilities now until this one is
completed. I don't see it 'happening in' the next two to three years, but it is a
plus, and the whole idea of their waterfront is 'a great idea. A lot of money. A
lot of thought went into it 'and there will' be some pictures over here before the
end of the week on it.' I met again with the Town Fathers last evening ad 8:00
o'clock and I caught the 10:"00 o'clock ferry out of. New 'London to Orient, and
again they talked and there's another meeting Wednesday evening, a public meeting
and public hearing, and I possibility might be able to sit in' on that one at 7:30.
A couple of other things I'll bring up at the end of the meeting, but I thought
would tell- the- people that. New London,.is developing. If you get a chance, stop
in and see the pictures at the end of the week. It's something. Thank you, Frank."
SUPERVISOR MURPHY: .:Thank you, Ray. Jean?
COUNCILWOMAN COCHRAN: .Yes, I attended the Landfill' meeting which we had
several days ago, on which I'm sure Councilman---the guy down the end--Council-
man Schondebare, who is 'Chairman will be report on the Landfill' All in alFit's
been two weeks light on meetings, which is 'nice' to say. We don't have the oppor-
tunity to say that too often, at least with the committees I'm involved in'. A lot
of my time was spent om, trying to clean tip details in relation to Wage and Policy
and trying to get the addition on the back of the building and so forth, That's
about it; Frank. . Been busy, but yet not too bad.
SUPERVISOR MURPHY: Thank you,: Jean., I know you have been busy. Paul?
COUNCILMAN _STOUTENBURGH: Yes, I attended that Landfill meeting also, and
we had interviews which we all sat. in' hoping to get a lawyer for the Town, and
sorry to say that feel through. We were. almost there. We also had a meeting
of Parks and Beaches again with our new Rec Director. Jean was with us, and
were trying to pull together some of the lose strings of our beaches. A good
part of it is we have our swimming courses coming up, which are in' the paper,
and will be on everybody's mind to get t eir young people out to get on these
swimming lessons. Basically our beaches are running fairly smoothly. The first
couple of wee'fts with a new director it's always a little rough, but I think we've
got most of the kinds worked out now. That's about it, Frank.
SUPERVISOR MURPHY: Thank-you, Paul. Jay?
COUNCILMAN SCHONDEBARE: Yes, thank you, Frank. As everyone said', we
did have, a Landfill meeting, and if,anyone's been up to the Landfill recently you'll
notice significant changes that are up there, and basically a discussion at the Land-
fill`..meeting was with regards to the changes that we've made and the new computer
operation that's going in and weighing-the vehicles going in. Basically at present
they've been taking the trucks going out and weighing the trucks going out empty
so they'll have some idea of what the load is when it goes back in. We discussed
putting in phones into the booths so there's communication between everyone. We
discussed also the dredging of the lagoons that!ss going on. We're taking out all
the sludge, etcetera, in those old lagoons and dropping them off on the chips that
are up there. . Needless to say it's starting to cost us money for the crane operation,
and it's still going on. It's still costing us money. We had a Code Committee meeting
at which time we had a wonderful discussion on TDR,'s. - For those of you who
- are not aware of what TDR's. are, they're Transfers of Development Rights. It's
an interesting concept, and one at which we spent- a good hour and a half discussing
the- pros and cons of it. The end result was that nobody agreed with anybody:
I think was a fair analysis,of that meeting. It will' be back on again at the next
,.:Code Committee.which we're going to change. The Code. Committee always meets
the first Wednesday of each month, however, this 'Wednesday in the month will
be August and it would be the same,day as Fishers Island, so we're going to make
it 'the following Wednesday. Thank you, Frank.
JULY 14, 1987 2 37
SUPERVISOR MURPHY: Thank you, srr George.?Y.=_.:....,
COUNCILMAN PENNY: Yes, on the .1st I attended the Code Committee meeting
of which the Councilman just mentioned. On the 2nd. . . . .
COUNCILMAN SCHONDEBARE:. Councilman Schondebare. The one down at the
end.
COUNCILMAN PENNY: The one next to the guy, on the end. On the 2nd was
Water Advisory Committee where we spoke about water vending machines, water
treatment units and something which we didn't get into today, 'which was probably
and oversight, but an informational program, one by the Town, for an August
Town Meeting, approximately the. 18th or the 19th. So I'm sure between now and
the next meeting we'il have to discuss that further. On the 7th was a meeting
of the Police Committee, which has been . reported on. On the 10th a meeting:"of
the Landfill Committee. On the 11th I was a guest speaker at the Kenney's Beach
Civic Association, and they're very happy with---this was their annual meeting---
they're very happy with the state of repair'Ihati.the' beach is in; and they're look-
ing very forward to some long range solution being worked out for them. It's
been about 10 years that they've been screaming for help and it 'looks like this
year they've gotten some. Thank you.
SUPERVISOR MURPHY: Thank you, George. The meeting you're about, the Water
Advisory, had to be cancelled on those two dates. Joe Baier was not able to show
up and we felt that it's very important for him', and we're trying to schedule another.
date with him. I would just like to add my feelings--the Land Transfer Tax went
down. I feel 'our three legislators, local State representatives out here, I think
did a fantastic job, John Behan, Joe Sawicki and Ken LaValle, in' trying to push
this: It's too bad it 'did' not go through this year. It 'passed the Senate, but*
it did not pass the Assembly. It did' not get out of the Ways and Means Committee.
There was some technical point that they were talking about. We thought we had
them ironed out with the Governor's Office, and with the Ways and Means Committee,
but obviously at the last hours of negotiations it 'did' not work out, and its too
bad. We. will try to find out why. The Ways and Means Committee this year field
it 'up in' committee when for the last three years almost the exact same law--it passed
in.the Ways and Means Committee. So something happened. I don't know what,
but we will.'.'pursue it and see if 'we can find out. Just in one of the local papers
last week there was about 5 million dollars in taxable transfers of property which
would have generated approximately $10,000,income for the. Town to buy wetlands,
woodland, water shed protection areas, and we've tried to bring the message .across.
The. North Fork Environmental Council,' -the .Group for the South Fork, and many,
many others, as well as all of the East End Towns---'-Brookhaven on out east, all
worked extremely hard to try to bring this 'message.to the Governor's Office and
to the Assembly, but evidentially it 'fell on some deaf ears, and it's too bad. But
we will continue to pursue it.'
I.- PUBLIC. NOTICES.
SUPERVISOR MURPHY: Moving on to the second item on the 'agenda are Public
Noticas. There are four of them. These are on file in the Town Clerk's Office
and they are posted on the Town Cierk'S "Bulletin Board in the back of this meeting
hall.
. ' 1. New York State Department of Environmental Conservation, Notice of
Complete Application of Peter Steil by Land Use Company to construct a single
family..dwelling, septic'system and' swimming pool adjacent to freshwater wetlands,
eastern. Fishers Island. Comments by July 24, 1987.
2. U. S. Army Corps of Engineers, application of Jerry Bady to install
piles, maintenance dredge with upland disposal, Town Creek, Southold. Comments
by July 21, 1987.
3• U. S. Army Corps of Engineers, application of Floyd King, President
Orient Wharf Co. to install a mooring facility consisting of floats, piles and ramp,
Orient Harbor,. Orient. _Comments by July 31, 1987..
4. New York State Department of Environmental Conservation, Notice of .
Complete Application. .and Public Hearing, application of Nicholas J. Cutrone b
J. H. Geide' man, to construct 75 linear feet of timber bu khead with two retu,r.ns
on Arshamomaque Pond, Southold. Hearing on August"26, 1987, Southold Town
Hall.
III .. COMMUNICATIONS.
SUPERVISOR MURPHY: On Item II1.; Communications, there's two.
1. Dr. Irvin' M. Modlin; who -is 'requesting a launching ramp be placed on
the Long Island Sound ;at the end of Depot` Lane in Cuichogue.
238 JULY 14, 1987
2. A very interesting letter, and just to give you an idea of what the future
is, it's from a John Shea, who's a member of a Riverhead law firm, talking about
the court precedent against landfill' expansions; and how the DEC recognized that
the cost of off.-Island trucking for Islip Town would be approximately 192 million
dollars over the next four, years, and that this would cost the average homeowner
$706. 00 a year in' additional -taxes. This 'is 'what we're facing. This 'is why we
have to move in' the Landfill'. This is 'why we have to do something intelligent,
and hopefully we're goingIto start.
k
IV. PUBLIC' HEARINGS.
SUPERVISOR MURPHY:. There is one public hearing scheduled at 8:00 o'clock
(proposed Local. Law relative to parking at beaches) so we'll move on to Item V
on the agenda, Resolutions.
V. RESOLUTIONS.
SUPERVISOR MURPHY: I'd like to state the Town Board's policy. Anyone who
would like to address the Town Board at this time on any proposed resolution,
this is the time to do it.' There will be a period of time after the regular Town
Board meeting, after the resolutions and the public'hearing, where anyone who
would like to address the Town Board may do so at that time. All we do is ask
you to hold your comments to resolutions that are being proposed tonight that's
on your agenda. So I'd like to ask on the left is 'there anyone who would like
to comment on any of the proposed resolutions? In the middle? On the right?
(No response.) Hearing nono we'll move on to Item V on Resolutions. The first
one is 'Employees Compensation Plan recommendations to the .Town Board, and we're
going to appoint George Penny for that position. I offer that resolution.
AMENDED 5/20/93 by Resol. #20
1.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that. the Town Board of the Town of Southold hereby designates the
following individuals to review Employees Deferred Compensation Plans and make
recommendations to the Town Board : CSEA President, PBA President, Accountant
John Cushman, Councilman George L. Penny IV.
1.-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 2 is to accept a proposal of E & A Environment
Constutants for a RFQ on the landfill'. .-I. 'Offer that. Are there any questions?
(No response.)
2.-Moved by Supervisor Murphy, seconded by .Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal
of E 8 A Environmental Consultants, Inc. , in' an-amount not to exceed $2,500., 00,
to provide the following consulting services with respect to solid waste composting:
1.. Develop a Request for Qualifications (RFQ) which would be sent to vendors
and other interested parties.
2. Assist the Town Board in developing RFQ notices for advertising in."trade
journals and/or other newspapers.
3. Compile a list of vendors of composting systems and equipment for mailing
of the RFQ.
2.-Vote of the Town Board:. No: Councilman Penny, Councilwoman Cochran. Ayes:
--. Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor
Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And. Number 3 is to authorize' a refund of $50. 00 to the
Boyd Funeral Home.
3.-Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED tht the Town Board of the Town of Southold hereby authorizes the
issuance of a refund in' the amount of $50.'00 to the Boyd Funeral Home, Inc. .
which amount represents the cost of ten (10) death transcripts issued by the Town
Clerk's Office on June 30, 1987 on a Death: Certificate which was filed in the Town
of Southold district in error.
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 renew a single family house trailer permit.
4..-Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the application of Bauer Farms, Inc. for renewal of a single family
house trailer permit, for trailer located off of the south side of County Route-' 48,
A00 feet west of Peconic Lane, Peconic; New York, which permit expired on July
4, 1987, be and hereby is ' ranted fora six (6) month period.
J U LY 14, 1987 9
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 authorize the renewal of the application
of John C. Tuthill' for a single family trailer permit. I offer that resolution.
5.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the application of John C. Tuthill' for renewal of a single family
house trailer permit; for trailer locasted at the east side of Elijah's Lane, Mattituck,
New York, which permit expires on July 19, 1987', be and hereby is ranted for
a six' .(6) month period.
5.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice' Edwards, Supervisor Mur°pity.
This resolution was declared duly ADOPTED.
-SUPERVISOR MURPHY: Number 6 is-'.to amend two prior resolutions.
6.-Moved by Justice Edwards, seconded by Councilwoman Cochran, it 'was
RESOLVED that the Town Board of the Town of Southold hereby amends their
Resolution No. 23B, adopted on May 6, :1987',' appointing Peter Grattan, Sr &
provisional Traffic Control Officer and settin his salary at $6 50 per hour„ to
reflect an effective date of May 1, . 1986; and -be. it further .
RESOLVED that the Town Board hereby amends their'Resolution No. 24A, adopted
on January 5; :1987', to correct the salary set for provisional Traffic Control Officer
Peter Grattan, Sr, from $6. 00 per hour. to $7 00 per hour.
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 authorize the attendance at a CSEA
Package 7. Benefit 1riformational Meeting.
7.-Moved by. Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED :that the Town Board of the Town of Southold hereby grants permission
to Account Clerks Barbara Rudder and Jeanne Cullen to attend a CSEA Package 7
Benefit 1rifori citionALMeetin , to be held at Hauppauge, New York, on Monday,
July 13, 1987, at 5:00 P.M., and the actual expenses for meals and mileage. shall
be a legal charge against 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 'to renew the application of Sam Brown
for a single family house trailer permit .expiri'ng July 15th, 1987, to be granted
for a six month period. I offer that resolution.
8.-Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it 'was
RESOLVED that the application of Samuel G. Brown for renewal of a single family
house trailer.-permit,--for trailer located at the west side of Tuthill Road, Cutchogue,
New York, which permit 'expires on July 15, '1987, be and hereby is ` ranted for
a six (6) month period.
8.-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' 9 is 'to declare ourselves lead agency.
9.-Moved by Counci Iman:.Stoutenbur.gh, ;seconded by Councilwoman Cochran, it 'was
RESOLV-ED 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 proposed construction and operation of a Solid Waste Management Facility
for the storage and transfer of household toxic wastes at the Southold Landfill,
Cutchogue, New York.
SUPERVISOR MURPHY: I might just comment to the people in the audience. This
is a (first for the State of New York that a town is doing this. Hopefully we'll
be going out to bid' very shortly on a household hazardous-.waste storage building
simi liar to an on-going STOP Program, and we have promise of support--financial--
from the DEC on this 'very unique program. We've been talking about it.', Jean, .
Paul, I , many members of the Town.., have been talking about it for some time and
it's finally coming about,--and I'm very happy to see it. What it will do, it'will
mean that you have a building--a small storage building--to bring household hazardous
JULY 14, 1987
2.4 O
waste, rather than holding them down in your cellar or possibly illegally disposing
of them down a cesspool, on the side of the road, or even taking them into our
Landfill; which can cause serious problem. This is a big step and it's one that
we've been fighting the DEC in' requesting their cooperation and I'm very happy
to see it.
9.-Vote. of the Town Board: Ayes: Councilman Penny,. Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy. Abstain: Justice
Edwards.
This .resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 10 is 'to authorize the Highway Superintendent
Ray Jacobs to purchase from County Contract.
10.=Moved by Councilwoman Cochran, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold. hereby authorizes Super-
intendent of Highways Jacobs to purchase from the County Contract Letting
No. 7-87. 1.8 the following: Item No. 307 - Bituminous Surface Treatment Stone
8 Asphalt Cement Furnished. and Placed, at $1. 07 'per square yard.
10.-Vote of the 1"own 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 authorize the Town Clerk to advertise
for bids for the .removal of sludge from the old scavenger waste pits.
11.-Moved by Councilman Stoutenburgh; seconded by Councilwoman Cochran, it ,was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for the removal of the sludge from
the old scavenger waste lagoons at the Landfill site, Cutchogue.
11.-Vote of the Tow.n Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy. Abstain: Justice
Edwards.
This ' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 12 is to authorize a refund of $359. 00 to Brendan
Bowen, which was an overpayment on a building permit 'fee. I offer that resolution.
12.-Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
issuance of a refund in the amount of $359. 00 to Brendan Bowen, which refund
represents an overpayment of a building permit fee due to the miscalculation of
the fee due.
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: Number 13 is to appoint a provisional Clerk Typist.
13.-Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the ..Town of Southold hereby appoints Sheryl
Brown as a provisional Clerk Typist for the Justice Court, effective July 15, 1987,
_-. at a salary of $15,816. 32 per annum.
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: And Number 14 is 'to appoint a part-time Clerk Typist
in the Justice Court.
14.-Moved by Councilwoman Cochran, seconded by Justice Edwards,,.it 'was
RESOLVED that the Town Board of the Town of Southold hereby appoints Muriel
T. Seiling as a part-time Clerk Typist for the Justice Court, effective immediately,
at a salary of $6.50 per hour.
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 : And Number 15 .is to make a seasonal appointment as a
Clerk,T.ypist for the Justice Court.
15.-Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was
RESOLVED -that the Town Board of the Town of Southold hereby appoints Elizabeth
A. Riley as a Clerk Typist for the Summer Season for the Justice Court,_ effective
immediately,.: at a salary' of $5.50 per hour.
15.-Vote of the Town..Board: Ayes : Councilman Penny, Councilwoman Cochran, Council- :
man Schondebare, 7ffouncilman Stoutenburgh, `Justice Edwards, Supervisor Murphy.
This resolution was.:..declared `duly ADOPTED. --
JULY 14, 1987 2 41
.y
SUPERVISOR MURPHY: And. Number 16. is.'to appoint a part-time Clerk Typist
in'the Town Trustees Office.
Amended July 28, 1987 Resolution #5
16.-Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Deidre
M. Fogarty as a part-time Clerk Typist in the office of the Town Trustees, effective
August 3, 1987, at a salary of $6. 50 per hour.
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 appoint Linda Goldsmith as a Tennis
Instructor for the summer season. I offer that.
17.-Moved by Supervisor Murphy, seconded by Councilman .Stoutenburgh, .it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Linda
Goldsmith as a Tennis 'Instructor for the period beginning July 29, 1987 and ending
August 21, T987, at a salary of $8. 00 per hour; Ms. Goldsmith will be working
Wednesdays and Fridays from 1 :00 P.M. to 4:00 P.M.
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 some_ budget modifications in
the Nutrition and General Fund columns.
18.-Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby 'rescinds their
Resolution No. 6, adopted on June 16, 1987, modifyin' the 1987 Budqet within
the General Fund Whole Town and. Nutrition Program, and hereby authorizes the
following :1987 Bud et modifications in its place:
(A) Nutrition Program
Revenues
Appropriated Fund Balance $4,000. 00
Appropriations
Interfund Transfers $4,000. 00
(B) General Fund - Whole Town
Revenues
Interfund Transfers $4,000. 00
_Appropriations
Contingent decrease $1,000. 00
Senior Services, P.S. increase $5,000. 00
18.-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.
K
SUPERVISOR MURPHY: . Number 19 is 'a resolution absolving the Town Clerk from
responsibility with respect to the lost cash box with funds and vehicle parking
permits. I offer that resolution.
19.-Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it 'was
RESOLVED that the Town Board of the Town of Southold hereby absolves the Town
Clerk from responsibility with respect to the cash box lost by Beach Attendant.
Elizabeth McNulty on July 11 , 1987, which cash box contained cash, unsold Non
Resident Beach Permits (at $4. 00 each) , and unsold Resident Vehicle Permits (at
$2. 00 each).
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: And Number 20. is to appoint the Chairman of the Southold
Town Conservation Advisory Council.' .
20.-Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of- Southld hereby appoints John
Holzapfel as Chairman of the Southold Town Conservation Advisory Council, effective
June 18, 1987.
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 is to enact Local Law NO. 11. It's a"L.ocal
Law in relation to Parking Permits at Beaches. " We had a public hearing two weeks -
ago. I offer that resolution.
2.42
JULY 1.4, 1987
21.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran,
WHEREAS, a proposed Local Law No. 11. 1987 was introduced at a meeting of
this Board held on the 16th day of June, 1987, and
WHEREAS, a public'hearing was held thereon by this Board on the 30th day of
June, 1987, at which time all interested ,persons were given an opportunity--to be
heard thereon, now, therefore, .be it
RESOLVED that Local Law. NO. 11 - 1987 be enacted as follows:
LOCAL LAW NO. 11 - 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 Chapter 65 of the Code
F u T__..-- _r _ ._ _ eau as iollovv s
f)1 the ► vwll iJl .>vuliwlu IS IIG� aby ulii�:ilUe� to P ' '°
"A. Resident parking permit.
(1) A resident parking permit. shall be issued by the Town Clerk
.or a person designated 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.
(b)' A valid motor vehicle registration in' the name of the applicant
and to anaddress 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 throu
October 31 may be issued by the Town Clerk of the Town of Southold up'
application therefor for the annual sum of fifty ($50.) dollars, which anni
sum shall include both the vehicle and the boat trailer. "
III . This local law shall take effect upon its filing with the Secretary of State.
21.-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 22 is 'to enact Local Law No. 12, which is 'a "Local
Law in' relation to the Taking of Shellfish." .Again this publichearing was held .
two weeks ago. 1 offer that resolution.
22.-Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh,
WHEREAS, a proposed Local Law. No. 12 - 1987 was introduced at a meeting of
this. Board held on the 16th day of June, 1987,. and
WHEREAS, a public 'hearing was held thereon by this 'Board on the 30th, day of
= - June, 1987, at which time all interested persons were given an opportunity to be
heard thereon, now, therefore, be it
RESOLVED that. Local Law No. 12 - 1987 be enacted as follows;
LOCAL LAW NO. 12 - 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:
1. 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. "
�11. 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.
22.-Vote of the Town Board:- Ayes: Councilman w Penny, Councilwoman Cochran, Council-
man Schon-debare, Councilman Stoutenburgh, Justice Edwards, Supervisor ,Murphy.
This resolution was declared duly ADOPTED.
JULY 14, 1987 2 4 3
SUPERVISOR MURPHY: And umber-23 �s 'to 'amend a`"par t-time Clerk Typist to
part-time Account Clerk.
23.-Moved by Councilwoman Cochran- :seconded ..by- Justice Edwards, it was
RESOLVED that the Town Board of the Town of SOuthold hereby amends the position.
title of Ortrud Hanus from part-time Clerk Typist to part-time Account Clerk and
increases her' per hour rate of pay to $8. 00 per hour, effective July 16, 1987.
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: And Resolution No. 24 is 'to reappoint Mary Ann Cybulski
as a part-time Clerk Typist for the Board of Appeals, effective immediately, at
a salary of $6.50 per hour. I ,offer that resolution..
24.-Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints Mary
Ann Cybulski as a part-time Clerk Typist for the Board of Appeals, effective
immediately, at .a salary of $6.50 per hour.
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: And. Number 25 is to authorize the payment of bills in
the amount of $313. 80 to the North Fork Animal League for the electrical mishap
at the Southold Dog Pound several months ago. I offer that resolution.
25.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
payment of bills in the amount of $313. 80 from the Aqueboque Veterinary Hospital
incurred by the. North Fork Animal Welfare_: League, Inc. as a result of the electrical
mishap at the Southold Town Dog Pound.
25.-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 26 is 'to enact Local Law No. 13, "A Local Law
to Establish a Landmark Preservastion Commission and to Prescribe its Duties."
I offer that resolution.
(This resolution was defeated.)
26.-Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh,
WHEREAS, a proposed Local Law No. 13 - '1987 was introduced at a meeting of
this Board held on the 16th day of June, :1987, .and
WHEREAS, a public hearing was held thereon by this ' Board on the 30th day of
June, 1987, at which time all interested persons were given an opportunity to be
heard thereon, now, therefore, be it
RESOLVED that Local Law. No. 13 - 1987 be enacted as follows:
LOCAL LAW. NO. 13 - 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 Preservatic
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 in: the Town of Southold structures,
buildings and sites of historic or architectural significance, antiquity,
uniqueness of exterior design or construction, which should be conserved,
protected and preserved to preserve th.e architectural character of Southold
Town, contribute to the aesthetic' value of the Town, and promote the general
good, welfare, health and safety of the Town and its residents. Therefore, it.'is
the purpose and policy of . this chapter to establish a Landmark Preservation
Commission and the procedures which it can follow to assist Southold Town
owners of buildings, structures and sites in' order to conserve, - protect and
2.4 4 JULY 14, 1987
preserve such structures, 'buildings and sites thereby preserving the unique
character of Southold Town which 'wily 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 scarcit.y of same, quality of design, present
condition and appearance or other characteristics that embody the distinctive
characteristics of a type, period or method of construction.
LANDMARK - Any structure, building or site which has historical or
architectural significance.
LANDMARK DESIGNATION - The designation of a Landmark pursuant to the
provisions of this Chapter.
STRUCTURE - Any assembly of materials, forming a construction framed of
component structural parts for occupancy or use, including buildings.
Section 56-4. Landmark Preservation Commission
A. There is ' hereby created a Landmark Preservation Commission which shall
consist of a minimum of five (5) members to be appointed by the Town
Board , to serve without compensation. These members shall consist of the
following, to the extent available in' the community: an architect -
engineer; an .historian; a licensed real estate broker; an attorney; a
resident of an historic' district; a resident who has demonstrated
significant interest in and commitment to the field of historic preservation
evidenced either by involvement in' a local historic' preservation group,
employment- or volunteer activity in' the field of historic preservation, or
other serious interest in the field.. All members shall have a known interest
in historic preservation and architectural development within the Town of
Southold.
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 one year, or until his
successor is appointed.
E. The Commission may incur such expenses in the performance of its duties
as may be authorized and appropriated by the Town Board.
Section 56-5. . Duties.,.of the Commission
.- The duties of the Commission shall include:. "'
JULY 14, 1987
245
A. Employment with:.Town Board approval--of staff and professional consultants
as necessary to carry out the duties of the Commission.
B. Promulgation, with Town Board approval, of rules and regulations as
necessary for the conduct of its business.
C. Adoption of certain criteria for the identification of significant historic,
architectural, and cultural landmarks.
D. Conduct of surveys of significant historic; architectural, and cultural
landmarks within the Town.
E. Designation of identified buildings, structures and sites as landmarks.
F. Acceptance,. with Town Board approval, of the donation of facade
easements and development rights; the making of recommendations to the
Town government concerning the acquisition of facade. easements or other
interests 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.
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 am architectural style;
or
4. is the contribution of a designer whose creation has significantly
influenced an age; or
5. Represents an established and fami liar 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)`
246 JULY 14, 1987
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 I property, as a Designated Landmark, pursuant to the
provisions of the Chapter shall not become effective until 'such property is
entered in Register. of Designated Landmarks and filed with the Town
Clerk.. The Town Clerk shall forward reports to the Planning Board, the
Building Department and the Zoning Board of Appeals.
Section 56-7. Review of Alterations, Demolition or New Construction Affecting
Landmarks or Historic Districts
A. Certificate of Appropriateness - No person shall carry out any exterior
alteration, restoration, reconstruction, .-demolition, new construction or
moving of landmark, nor shall any person make any material changes; in its
appearance, its light fixtures, signs, sidewalks, fences, steps, paving or
other exterior elements visible from a public street or alley which' affect
the appearance and cohesiveness of the landmark, without first obtaining a
Certificate of Appropriateness from the Landmark Preservation Commission.
B. Criteria for Approval of a Certificate of Appropriateness
1. In passing upon an application for a Certificate of Appropriateness,
the Landmark Preservation Commission shall not consider changes to
interior spaces, unless they are open to the public; or to
architectural features that are not visible from a public' street or
alley.
The Commission's decision shall be based upon the following
principles:
(a) . Properties which contribute to the character of the landmark
-.. shall be retained, with their' historic features altered as little as
possible;
(b) . Any alterations of an existing landmark shall be compatible with -
its historic character; and
(c) . New construction on the property shall be compatible with the
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.
- (e) . The importance of historic, architectural or other features to the
significance of the property.
C. Certificate of Appropriateness Application Procedure
1. �Pri.or to the commencement of any work requi,ri'ng Certificate of
Appropriateness the . ow'ner shall file an application for such a -.
Certificate -:-with the Landmark Preservation Commission; T;he
application shall contain: "
JULY 14, 1987 2 `t 7
(a) . Name, address 'and telephone number, of applicant.
(b) . Location of property.
(c) . Elevation d-rawi ngs of proposed changes, if available.
(d). Perspective drawings, including ..relationship to adjacent
properties-if avai lable.
(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 Certi-ficate of Appropriateness has first been issued by the
Landmark Preservation Commission. The Certificate of
Appropriateness required by this act shall be in* addition to and
not in lieu of any building permit that may be required by any
other ordinance of the Town of Southold.
3. The Commission shall approve, deny, approve the permit 'with
modifications or schedule a hearing within ten (10) working days
from receipt of the completed application. The Commission may
hold a public' hearing on the application at which an opportunity
will' be provided for proponents and opponents of the application
to present their. views.
4. All decisions of the Commission shall be in�writing. A copy shall
be sent to the applicant by -registered mail and a copy filed with
the Town Clerk's Office for public inspection. , The Commission's
decision shall state the reasons for denying or modifying any
application.
x "
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
4. Maintenance of the property as a private residence, becomes
unaffordable.
E. Hardship Application Procedure
1. After receiving written notification from the Commission of the denial
of a Certificate of Appropriateness, an applicant may cbmmence the _.
hardship process. No building permit or demolition permit shall be
issued unless the Commission makes a finding that a hardship exists.
2. The Commission shall hold a public hearing on the hardship
application at which an opportunity will be provided for proponents
and opponents of the application to present their views.
3. The applicant shall consult in' good faith with the Commission, local
preservation groups and interested parties in a diligent effort to seek
an alternative that will result in preservation of the property.
4. All decisions of the Commission shall be . in writing. A copy shall be.
sent to the applicant by registered mail 'and a copy filed with the
Town Clerk's Office for public inspection. The Commission's decision
shall state the reason for granting or denying the hardshi.p
application.-
2. 4 8 J U LY 14, 1987
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 repair 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 Hof the
Landmark Preservation Commission, produce a detrimental effect upon the
character of the property itself.
Examples of such deterioration include:
1. Deterioration of exterior walls or other vertical supports.
2. Deterioration of roofs or other horizontal members.
3. Deterioration of exterior chimneys.
4. Deterioration or crumbling of exterior stucco or mortar.
5. Ineffective waterproofing of exterior walls, roofs, or foundations,
including broken windows or doors.
6. Deterioration of any feature so as-- to create a hazardous condition
which could lead to the claim that demolition is ' necessary for the
public safety.
H. Violations
1. Failure to comply with-any of the provisions of this ordinance shall be
deemed a violation and the violator shall be liable to a fine of not less
than $250- 00 nor more than $500. 00 for each day the violation
continues.
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
civi.l�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 with the
Town Board for review of the decision. The Town Board may confirm,
reject, or modify the decision.
Section 56-8. Termination of Landmark Designation
Whenever a designated landmark is destroyed or its exterior is 'altered -to:, such
an extent .that it ceases to have architectural significance, the Commission may,
by resolution, direct that it be `"removed from the Register of Designated
Landmarks. Prior to.taking such action, however, the owner shall be given
written notice of such proposed action,.' and shall be given an opportunity to
appear before the Town Board and be heard thereon.
JULY 14, 1987
Section 56-9.`- Severabi.l.i.ty -
Each of the foregoing provisions of this chapter has been adopted in an
endeavor, to preserve and: extend the- public welfare by preserving the
chacteristics of historic and/or architecturally significant structures or sites. In
the event that any portion of this chapter shall be determined invalid, such
determination shall not :.affect or result in the invalidity of any other provision
contained in this .chapter..
II . This -Local Law- shall take effect upon its filing with the Secretary .of State.
COUNCILMAN SCHONDEBARE: Just a few comments on it.' As the gentlemen on
the Landmark Commission realize, we spent a. lot of time on this Local Law. Sent
it to the Code Committee, and everything that we made recommendations, we went
over it and you made changes and the basic problem has always been the mandatory
part of the Local. Law, that part which gives you the power over an individual's
home as to whether or not they can remove it; demolish it, repair it and _change
it. I personally find repugnant such a power. The only thing that somewhat modifies
that is the fact that once you lose an old home you'll never see it again: It's not
like a zone change that if 'you made a mistake you can correct it 'on another date.
realize that. Consequently when you came before the Town Board and we discussed
it 'at a Work Session I asked you at that time if you had a list of the people who
would be individually affected who own these old homes, and you indicated. that
you did; I request of you to send out letters to these individuals apprising them
of this. Local Law and the date of the public hearing, and I believe I received your
assurance that you were going to do so. Basically what I was doing in my own
-mind was trying to overcome the problem that I have with'this 'Local Law and hopes
of seeing a- tremendatrs turmut at the public hearing by people who would support
the Local Law. My understanding that those letters were not sent out. It's my
understanding that there were some phone .calls made the night before the public
hearing. And I read the minutes, not. being able to attend the public hearing,
and I read the minutes of the public hearing. The minutes are a disgrace, in
my opinion. It winds up into a colloquy between two people, which is no significance.
And approximately five or six' people spoke, out of how many homeowners are going
to be affected in this 'Town by this Local Law? Six hundred, seven hundred, eight .
hundred homeowners? And all I see is approximately six at the most, people actual
spoke, and of those who spoke I would say three or four identified themselves
as actual owners of old homes, and of that number it breaks down to a couple of
pros and a couple of cons. That's all I get out of the public hearing on this matter.
About seven people out of this whole Town actually showed up. And. I know from
sitting uper here for the last three and a half years how it works. Most peoplei
in this Town don't read the legal notices and are not apprised of what's going
on, and by and large we usually find out there's opposition to a law that we passed
only after we pass it and start to enforce it; and they suddenly become aware of
u
the fact that sch a thing even happened. I was really hoping that you would
have received tremendous support from the public'so that in my own mind I could
have justified a vote in favor of this Local Law, because as I said' to you, one
part l found repugnant, but if the people who own these homes wish to. do this,
so be it. That didn't happen, and I'm sorry that it didn't happen.
JOHN STACK (Chairman of the Landmark Preservation Commission) : The place
was loaded, Mr. Schondebare. The people were here, but they didn't all speak,
but the people were here.
COUNCILMAN SCHONDEBARE: I read the minutes. It gets a bid silly because
someone says, "All those in favor of this law, please raise their hand. " I always
get a kick out of that, because in the minutes it doesn't tell you how many people
raised their hand, or how many people were even in the room. But assuming that
there is a full house, and I inquired of the other Board members, according to
the minutes one person raised his hand. That's not what I would call overwhelming
support, but it doesn't quite make sense either, since about two or three other
people also got up and spoke in favor of the Local Law, so you should have had--
according to the minutes, you should have had at least three hands up there, instead
of just the one.
JOHN STACK: But that wasn't an officiaf raise-hand-thing. Some guy was doing
some histrionics here. . . .
COUNCILMAN SCHONDEBARE: I know it 'is no official raise-hand. I mentioned
that. I know it: But why werenPt the letter sent out?
VI LLIAM PETERS (member of the Landmark Preservation Commission) : We were
prepared to send the letter out to all the Landmark homeowners in Southold Town,
I think within a day or two.-after the Code Committee meeting, and at that time
...we were informed that the Town was not sure whether it w-as going to be 'a whole
new law or revisions to the present law. The Town Clerk did not want to send
anything out until that point had been raised. and cleared.
2 V O, 1JULY 14, 1987
COUNCI LMAN SCHONDEBARE Let me- say this=-we're getting back and forth and
I guess we really can't go back, and forth like this. Let me say this to you. I
don't know how the vote is going to turn out until they go around asking everybody._..
would not be opposed to seeing this Local Law come back up again, should it
go down to defeat tonight, with- the idea that the next time around, if there is
a next time around, these six or seven hundred hoemowners know what's going
on.
TOWN CLERK TERRY: I would just like to say one thing, in my own defense,
think, that we didn't have the law, prepared, and the intent was to send those
homeowners a copy of the law', but we didn't have a copy yet. It was to be prepar
and approved by the Town Attorney.
W!.LLIAM. PETERS: That's right. We didn't know whether it was going to be a
new law. or revisions to the old law.
.JOHN STACK: We called the people as soon as we had the information.
COUNCILMAN STOUTENBURGH : Would this be a solution that you more or less
felt this would be the way you would go, but because.of not having a correct law
you didn't. What if 'we tabled this right now and therefore held it until 'you had
two weeks to send out a letter and got a reply back. Would this 'then solve your
problem, Jay?
COUNCILMAN SCHONDEBARE : You've had the public 'hearing. You closed it,
Paul. To take anything else outside the basis 'of the public hearing we're in trouble.
We'd be subject to attack. You can shoot this down----
SUPERVISOR MURPHY: You could shoot it down and. resubmit 'it 'to a public hearing
and it would take approximately four weeks. And that might be the wiser way
to go.
COUNCILMAN SCHONDEBARE : But I don't know what the vote is, so. . . .
COUNCILMAN STOUTENBURGH: I would prefer not to shoot it 'down. I would
prefer to. just see if these people would. . . ..
COUNCILWOMAN COCHRAN: We have no choice.
COUNCILMAN SCHONDEBARE: You don't have a choice, Paul.
COUNCILWOMAN COCHRAN: The public hearing isfinished, Pau.
COUNCILMAN STOUTENBURGH: You can reopen a public hearing.
SUPERVISOR MURPHY: I don't think you can, Paul. We could readvertise for
another public hearing, is that correct, Judy?
TOWN CLERK TERRY: If this goes down, yes, you can start all over again. And
you can set it four weeks away to give them plenty of time to send the letters.
SUPERVISOR MURPHY: How about if we have a motion to table this and reschedule
another public hearing?
COUNCILMAN SCHONDEBARE: No, the only thing table does is that you're going
to have to bring it back up some other time. You can't bring it back up another
time after you've squeezed in' another public hearing.
COUNCILWOMAN COCHRAN: Frank, you have to dispose of this first and then
.-start anew with a new public hearing.
COUNCILMAN STOUTENBURGH : I'd just like to say one thing. I will support
this, and 1 support it for the reason I gave this. morning and I want it on the
record. I feel that there are escapes that people can go to, the last one being
the Town Board, and I don't think this Town Board would go ahead and purposely
put somebody in a very financial or embarrassing position. I would think they
would let them out. I have..that much 'faith in' humanity, and I don't think other
Towns that have it have had this problem. Other Towns have worked with it.
Other Towns have come out beautiful with it. We can see places like Mystic and
areas like this that have to have these things otherwise they're going to lose these
very valuable structures. .1 think it's''a step in' the right direction. If'we found
out it.was wrong..and we had enough complaints against it we can always change
a law, but I think we have to be bold enough and wise enough to take advantage
-. of it and move ahead on it and I will vote for it.
JULY 14, 1987 1
COUNCILMAN SCHONDEBARE: I think- ,Paul, ,_,that a. lot of these other Towns and
areas; .Mystic 'being one, 'that you referred-to, the distinction between the two--
between Southold's law and theirs, is 'that they're dealing with historic districts
.as opposted to Town-wide, which is 'the way ours is 'drawn.
COUNCILMAN"STOUTENBURCH: All right, . then let's just ask the question. . . . .
COUNCILMAN SCHONDEBARE: I'd like to work with historic districts too, if we
could work with something.
COUNCILMAN STOUTENBURGH: How many towns in this State have a law? Could
you people tell us that?
JOHN STACK: No, I can't give you the exact number. I could get it for you,
COUNCILWOMAN. COCHRAN : I believe. . . . .
JOHN STACK: But districts and individuals, they're both in' the law. Both the
districts, and the individuals.
COUNC.I LWOMAN. COCHRAN: Yes. As a point of reference, I believe that on Long
Island we are the only Town that does not have this 'particular law, and we were
founded in 1640,' English Speaking Settlement, one of the first. . . .
JOHN STACK: The ;first.
COUNCILWOMAN COCHRAN: The first. Yes, I won't even give that credit to
Southampton. The first, Judy. ..correct that;--please.
COUNCILMAN SCHONDEBARE: In fact erase it.'
COUNCILWOMAN COCHRAN : . . .and we're the only one on Long Island that does
not have this and it's a little sad.
COUNCILMAN STOUTENBURGH: I think that's what I was trying to bring out,
how many Towns on. Long Island have it and.we're the only one that doesn't have
it, and that was my point.
SUPERVISOR MURPHY: Any other comments?
COUNCILMAN PENNY: Pd just like to add to my statement this morning. I do
not go along with this law. It steps on the private property rights of individuals
and ownership of private property in' this country is 'not privilege, it *is a basic
right. It's one of the footstools of the Constitution, and I'm sorry I cannot support
a law that takes those rights away.
SUPERVISOR MURPHY: Any other comments?
JUSTICE EDWARDS : One comment. In just reading it over here there's a friend
of mine that I live with out in'O.rierit now and then when I come over to spend
the evening, and he's got a wet basement. According to this he can be fined two
hundred and fifty to five hundred dollars a day for not waterproofing his basement,
And 1 thi.nk it's too much clout. I'm sorry. Thank you, Frank.
SUPERVISOR MURPHY: Okay, Judy?
VOTE ON RESOLUTION NO. 26:
26.-Vote of the Town Board : Ayes: Councilwoman Cochran, Councilman Stoutenburgh,
Supervisor Murphy. Noes: Councilman Penny, Councilman Schondebare, Justice Edwards.
This 'resolution was declared LOST.
SUPERVISOR MURPHY: Okay, Number 27 is to authorize the Town Clerk to advertise
for bids for the purchase of one drinking water, vending machine.
27.-Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for the purchase of one (1) Drinkinq
Water Vending Machine.
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 ADOPTED.
SUPERVISOR MURPHY: And Number 28 is to appoint members of the Local Waterfront
Advisory Committee.
2- 5 2 JULY 14, 1987
28.-Moved by Councilman Penny, seconded', by Councilwoman Cochran, .it was
RESOLVED that the Town Board of the,Town of Southold, in accordance with the
requirements of the Local Waterfront Revitalization Program, hereby creates a Water-
front Advisory Committee consisting of five (5) members who are representatives
from public b is and private sector interests in waterfront revitalization, and be it further
RESOLVED that the following individuals be and hereby are appointed members
of said Waterfront Advisory Committee: Steve Latson, Franklin Bear, Donald J.
Stanton, Peter W. Kren, Bobra H. Wetmore.
28.-Vote of the Town Board Ayes: Councilman Penny, Councilwoman Cochran, Council- -
man' Schondebare, Justice Edwards, Supervisor Murphy. Abstain:Councilman Stoutenburgh
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And. Number 29 is a policy decision.
COU NCI L'r"Jv-diAN C OCHRAN. Gkay, i would just like to explain prior to reading
this, Frank, that I hope.this 'is the way everyone understands it; because we had
to do some adjustments as far as starting salary that we always kept a $2. 00 spread,
and by giving the percentage to both these positions each year you maintain your
spread and they get the increase of the percentage. I think it's clear enough.
RESCINDED- August 25, 1987 Resolution #19
29.-Moved by Councilwomen Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby amends their policy,
adopted on December 9,, '1986, relative to part-time Clerk Typists; as follows:
NEW POLICY
RESOLVED that part-time Clerk Typists shall be hired at $6. 50 per hour.
After twelve (12) months of employment a per hour percentage increase shall be
give in proportion to the CSEA contract; and be it further
RESOLVED that part-time Account Clerks shall be hired at $8. 00 per hour.
After twelve (12) months of employment a per hour percentage increase shall be
given in proportion to the CSEA contract.
29.-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 30, would you like to advertise for .a public
hearing for this proposed Local Law on Landmark? I believe our date would be
August 11th.. John,. would August 11th be enough time? At 8:00 P.M. ?
JOHN STACK: Yes.
COUNCILWOMAN COCHRAN: That allows you enough time, John?
JOHN STACK: Yes.
SUPERVISOR MURPHY: It's almost a month. I offer that resolution.
30.=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 to establish a Landmark Preservation
Commission and to prescribe its duties", now, therefore, be it
RESOLVED that the Town Board hereby sets, 8:00' P.M. , Tuesday, August 11 , 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 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 Preservat
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 i n' i is place and stead :
Section 56-1 . Short Title
This ' chapter shall be known and may be cited as the "Landmark
Preservation Law of Southold Town".
Section 56-2. Declaration of Purpose and Policy _
The Town Board finds there exists in the Town of Southold structures,
buildings and sites of historic or architectural significance, antiquity,
uniqueness of exterior._ design or construction, which should be conserved,
Protected and preserved to preserve the architectural character of Southold
JULY 14, 1987 253,
Town, contribute to the aesthetic' value of the Town, and promote the general
good, welfare, _health and safety of the Town and its residents.. Therefore, it 'is
the, purpose'. and policy of this chapter to establish a Landmark Preservation
Commission and the procedures which. it ' can follow to assist Southold Town
owners of buildings, structures and sites in' order to conserve, - protect and
preserve such structures, buildings and sites thereby preserving the unique .
character of Southold Town which will' substantially improve .property and
commercial values in the Town and make its hamlets even better places in' which
to live.
�-A.
Section 56-3. Definitions
As used in' this ' Chapter, the following terms shall have the meanings
indicated :
CONIMISSION 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 bui Idi ng
or structure.
HISTORICAL SIGNIFICANCE - The quality of a . building, structure or site
based upon its identification with historic' persons or events in the Town of
Southold.
ARCHITECTURAL SIGNIFICANCE - The quality of a building or structure based
on its 'date of erection, style and scarcity_ of same, quality of design, "present
condition and appearance or other characteristics that embody the distinctive
characteristics of a type, period or method of construction.
LANDMARK. - Any structure, building or site which has historical or.
architectural significance.
LANDMARK DESIGNATION - The designation of a Landmark 'pursuant to the
provisions .of this Chapter.
STRUCTURE - Any assembly of materials, forming a construction framed of
component structural parts for occupancy or use, including buildings.
Section 56-4. Landmark Preservation Commission
A. There is hereby created a Landmark Preservation Commission which shall
consist of a minimum of five (5) members to be appointed by the Town..
Board , to serve without compensation. These members shall consist of the
following-, to the extent available in..- the community: an architect -
engineer; an historian; a licensed real estate broker; an attorney; a
resident of an historic' district; a resident who has demonstrated
significant interest in and commitment to the field of historic preservation
evidenced either by involvement in' a local historic ' preservation group,
employment or volunteer activity in` the field of historic preservation, or
other serious interest in' the field. All members shall Have a known interest -.
in historic: preservation and architectural development within' the Town of
Southold.
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 one year, or until his
successor is appointed.
E. The Commission may incur such expenses in the performance of its duties
as may be-authori.z.ed and appropriated by the Town Board.
254 JULY 14, 1987
Section 56-5. Duties of the Commission
The duties of the Commission shall include:
A. Employment with Town Board approval of staff and professional consultants
as necessary to carry out the duties of the Commission.
B. Promulgation', with Town Board approval, of rules and regulations as
necessary for the conduct of its business.
C.. Adoption of certain criteria for the identification of significant historic,
architectural, and cultural landmarks.
D. Conduct of surveys of significant historic, architectural, and cultural
landmarks within' the Town.
E. Designation of identified buildings, structures and sites as landmarks.
F. Acceptance, with Town Board approval, of the donation of facade
easements and .development rights; the making of recommendations to the
Town government concerning the acquisition of facade easements or other
interests 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.
1. Recommending acquisition of a landmark structure by the Town government
where its preservation is essentiaf to the purposes of this act and where
private preservation is not feasible.
J. Approval or disapproval of applications for Certificates of Appropriatness
pursuant to this act.
Section 56-6. Landmark Designation
A. The commission may designate an individual property as landmark if 'it:
1. Possesses special character or historic ' or aesthetic* interest or value
as part of the cultural, political, economic or social history of the
16cality, region, state or nation; or
2. Is identified with historic personages; or
3. Embodies the distinguishing characteristics of an architectural style;
or
4. Is the contribution of a designer whose creation has significantly
influenced an age; or
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
specifi a 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.
JULY 14, 1987 2 55
C. Notice af_,a proposed desig-nation -`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 h*earing' 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.
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
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.
(e) .:-The importance of historic:;---architectural or other features-to the
significance of, the property.
256 JULY 14, 1987
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 avai fable.
(e) . Any other information which the -Commission may deem necessary
in order to visualize. .the proposed work.
2. No building permit shall be issued for such proposed work until
a Certificate of Appropriateness has first been issued by the
Landmark Preservation Commission. The Certificate of
Appropriateness required by this ' act shall be in' addition to and
not in lieu of any building permit that may be required by any
other ordinance of the Town of Southold.
3. The Commission shall approve, deny, approve the permit with
modifications or schedule a hearing within ten (10) working days
from receipt of the completed application. The Commission may
hold a public hearing on the application at which an opportunity
will be provided for proponents and opponents of the application
to present their. views.
4. All decisions of the Commission shall be in writing. A copy shall
be sent to .the applicant by registered mail and a copy filed with
the Town Clerk's Office for public inspection. The Commission's
decision shall state the reasons for denying or modifying any
application.
D. Hardship Criteria '
An applicant whose Certificate of Appropriateness has been denied may
apply for relief from the Landmark Designation on the grounds that
designation is working a hardship' upon himself. In order to prove the
existence of hardship, the applicant shall establish that:
1. The property is 'incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible;
2. The property cannot be adapted for any other use, whether by the
current owner or by a purchaser, which would result in' a reasonable
return; and
3. Efforts to find a purchaser interested in acquiring the property and
preserving it 'have failed; or
4. Maintenance of the property as a private residence, becomes
unaffordable.
E. Hardship Application Procedure
1. After receiving written notification from the Commission of the denial
of a Certificate of Appropriateness, an applicant may 'commence the
hardship .process. No building permit or demolition permit shall bel'
issued unless the Commission makes a finding that a hardship exists.
2. The Commission shall hold a public hearing on the hardship
application at which an opportunity will be provided for proponents
and opponents of the application to present their views.
_ 3. The applicant shall consult in' good faith with the Commission, local
preservation groups and interested parties in a diligent effort to seek
an alternative that will result in preservation of the property.
4. All decisions.:of the Commission shall be - in writing. A copy shall be
sent to the applicant by registered mail :and a copy filed with the
Town Clerk's Office for public inspection. The Commission's decision
shall state the reason for granting or denying the . hardship
application.
JULY 14, 1987 257
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 repair 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.
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.
x
6. Deterioration of any feature so as to create a hazardous condition
which could lead to the claim that demolition is necessary for the
public safety.
H. Violations
1. Failure to comply with any of the provisions of this ordinance shall be
deemed a violation and the violator shall be liable to a fine of not less
than $250. 00 nor more than $500. 00 for each day the . violation
continues.
y�
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 with the
Town Board for review of the decision. The Town Board may confirm,
reject, or modify the decision.
Section 56-8. Termination of Landmark Designation
Whenever a designated landmark is destroyed or its exterior is altered:-to, such
an extent that it ceases to have architectural significance, the Commission may,
by resolution; direct that it be--removed from the Register of Designated
Landmarks. Prior to taking such action, however, the. owner shall be given
written notice of such proposed action:, and shall be given an opportunity to
appear- before the Town Board and be heard thereon.
258 JULY 14, 1987
Section 56-9. Severability
Each of the foregoing, provisions '• of this chapter has been adopted in an
endeavor to preserve . and extend the, public welfare by preserving the
chacteristics of historic and/or architecturally significant structures or sites. In
the event that any portion of this chapter shall be determined invalid, such.
determination shall not affect or' result in the invalidity of any 'other. provision
contained in. this chapter. -
II . This -Local Law shall take effect upon its filing with the Secretary of State..
COUNCI LMAN PENNY: I have a question. You're not going to change any of
the wording of, the proposed law?
COUNCILMAN SCHONDEBARE : If you're going to set the hearing you can't. It
is 'as is now.
COUNCILMAN PENNY: There's parts in there which say that. you have to repair
your building.- A million questions which were brought up at the .public' hearing.
and none of them have' been responded to
SUPERVISOR MURPHY: We have the advice of our Town Attorney. who suggested
that we pass. it today.
COUNCILMAN PENNY: I don't believe that he responded to all of the questions
that were raised at the public'hearing.
COUNCILMAN SCHONDEBARE : Do you want to recess and talk to the Landmark
people?
SUPERVISOR MURPHY: We have a public hearing. We will recess for that and
then we can talk to them.
TABLE RESOLUTION. NO. 30
_.. Moved by Councilman Schondebare, seconded by Councilman Penny, it was
RESOLVED that Resolution. No. 30 be and hereby is 'tabled.
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 I'd like a resolution to recess to hold
a public'hearing and discuss the Landmark Preservation Law.
Moved by Councilman Schondebare, seconded by Supervisor Murphy, it 'was
RESOLVED that a recess be called at this time, 8:00 P.M. for the purpose of holding
a public hearing-on a proposed "Local Law in relation to Parking Permits at. Beaches,"
and to discuss the proposed Landmark Law with Landmark Commission members.
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.
During this recess the Town Board discuss the provisions of the proposed "Local
Law to establish a Landmark Preservaton Commission and to prescribe its duties"
with Landmark Preservation Commission members John Stack, Chairman, and William
Peters. It was decided letters should be sent to the approximately 600 homeowners
in the Town of Southold w.hose homes might be` considered for Landmark Designation ,
advising of the' -upcoming -public hearing to be held at 8:00 P.M. , August 11 , 1987,
and transmitting a copy of the proposed Local Law, as it was presented previously,
to them. The Town Board to go forward with the public hearing on the law �in'
the_ same form as was .presented at the public'hearing on June 16, 1987.
Meeting reconvened at 8:20 P.M.
SUPERVISOR MURPHY: At this time I would like to reopen the Regular Town. Board
Meeting -and move to offer Resolution No. 30 (which was tabled) , which. is to authorize
the Town Clerk to advertise for a public 'heari ng on a proposed Landmark Preservation
Local Law. I offer that resolution.
VOTE ON RESOLUTION NO. 30 - Set a public'hearin for 8:00 P.M., Tuesday,
August 11, 1987, Southold Town Hall, on a .proposed Local Law entitled, "A Local
Law to establish a Landmark Preservation Commission and to prescribe its duties. "
30..,-Vote of the Town Board : Ayes-- Counci Iwoman Cochran, . Councilman Schondebare,
Councilman Stoutenburgh, Supervisor Murphy. No:Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, that's the end of our prepared and added-on agenda.
At this time I'd like to ask any Town Board members if they would like to have
anything further to say? George?
i.JULY 14, 1987 2 5 9
COUNCILMAN PENNY: Not at this time, thank you
SUPERVISOR MURPHY:. Jay?
COUNCI LMAN SCHONDEBARE: No, thank you;.
SUPERVISOR MURPHY: Paul?
COUNCILMAN STOUTENBURGH: Nothing.
SUPERVISOR MURPHY: Jean?
COUNCILWOMAN COCHRAN: . Nothing, thank you, Frank.
SUPERVISOR MURPHY: Ray, do you have any comments?
JUSTICE ED:WARDS: Oh, yes, I sure do, Frank. We had a very interesting display
after the Work Session today on computers. I do not know the people's name.
1 do know that there was an IBM representative here. Very, very interesting
and I think we'll be working hard at this 'at the next Work Session. Secondly,
you might have noticed that I abstained on some of the landfill voting this evening.
We did have a talk with Mr. Yakaboski, 'our Town Attorney, today in regards to
getting Fishers Island and. Southold separated from the payment of the landfill
operation. We on Fishers Island have been trying for two years to get away from
paying taxes over from Cutchogue inasmuch as we don't use Cutchogue. It's been a
[wo year delay for various reasons and I certainly hope that we could get something
positive going before this 'year is out and it's either that or you people are ,going
to have to help us pay for our incinerators over there. Secondly I have a letter
here that I have to read, that I want to read into the record and then I'll have
a comment after it: It's a_memo to the people of Fishers Island, Re: Ongoing
construction of Goose Island Corporation, which is formerly Island Mobi le. ::!'After
several phone calls and personal requests from the people of Fishers Island.to look
into the construction of the Goose Island MobiVStatiori, I contacted Mr. Victor Lessard,
Executive Administrator of the Southold Town Building Department for this information.
Mr. w Lessard's reply was "several projects were underway that did ' not have proper,.
approval and some projects that did' have approval were being done beyond the
scope that :wast-applied for originally.!' My comment to Mr. Lessard was, "►f this
construction is allowed to be completed without the proper permits, the Building
Department might as well not come to Fishers Island on any future:�projects as it
would be unfair to the people who are trying to do their projects legally. " (I close
by say:) I am available for any comments on this matter and will also add that
this 'Memo will be read into the Southold Town Records on Tuesday, July 14, 1987.
Most Sincerely, Raymond W. Edwards, Justice/Councilman, Fishers Island." 1. might .
add also that this afternoon I received a telephone call from one of the owners-- .
there are ten people that own this 'Goose Island Mobil 'Corporation, and said' that
was going to--be used individually for libel, because of thismemo, and I will honestly
say that Victor. Lessard flew over there last week. I had no idea he was on the
Island. We had no idea he was coming, and he put a complete Stop Work Order
on the operation. The people on the Island were kind of upset with the construction
that was being done over there on when they inquired through me as to whether
or not permits were there and found out they weren't. So now everything: has
been put on hold. And, let's see.
COUNCILWOMAN COCHRAN: Are they local people?
JUSTICE EDWARDS: Yes. .no. Are they local people? They are taxpayers on
the Island, but they're seasonal residents. Other then that, thank you, Frank.
SUPERVISOR MURPHY: Thank you,,: Ray.. All right, is there anyone in' the audience
who would like to address the Town Board at this 'time? Over on the left? In
the middle? Sir.
ALFONSE MARASEL: My name is Alfonse Marasel. This afternoon I received these
pages. It looks to me like I have to mediate or negotiate. Am I correct in' assuming
that?
COUNCILWOMAN COCHRAN: No. Mr. Marasel, as I explained this afternoon,
this 'is 'a suggestion: that had been made by Dave Newton of the Cooperative Extension.
We just received this 'as a Town Board. We are not saying this is the direction
we're going to go. We said' at the next Work Session this would, be on 'for'discussion
and we will' discuss the whole problem,.and try to come up with a solution. This
is just an option as one solution possibly. Follow me? This isn't in place yet.
We're just going to discuss this, and we thought you would like to have' a copy
to read it,'so that if you have any. . . .
ALFONSE MARASEL: A have the copy. I went through it:
26
O JULY 14, 1987
COUNCILWOMAN COCHRAN : But we ,,haven't had the opportunity to discuss it
yet. We'll be discussing it next week.''
COUNCILMAN STOUTENBURGH : Or read it.
ALFONSE MARASEL: Can I explain something to you? I'm living there. 1-don't
want to live this way.
COUNCILWOMAN COCHRAN: Yes, I understand your plight.
ALFONSE MARASEL: I have a right to my tranquility. I pay taxes for that.
have a situation I'm told. I didn't create the situation. It's a shameful situation
and I don't want to live this way. I just want something to bey done about it. The
man is 'in' violation of t'he Zoni'rig Code and ihai°s aii mere is to .it. i don't• need
any discussions. I want to live the way it 'was before, before last year. He' started
that machine there without saying a.word to anybody. Nobody knew what, •it_,was.
He could at least had the courtesy to tells us what he was going to do.
COUNCILWOMAN COCHRAN: I don't know whether the gentleman in' question is '
in. violation or not, but I know that Southold Town does not have a. Noise Ordinance
on their books.
ALFONSE MARASEL: I don't know about when you talk about a Noise Ordinance,
but there is the Zoning Code and it 'says very clearly any noise. You can't compare
that with just a noise, a regular noise. It's not a normal noise.
COUNCILWOMAN COCHRAN : The Town Board will be discussing it.
ALFONSE MARASEL: Has he got a license for that?
COUNCILWOMAN COCHRAN : I have no idea.
ALFONSE MARASEL: Then he's in violation of the Code.
COUNCILWOMAN COCHRAN: I don't know. I haven't investigated it to that extent
yet, sir:
ALFONSE MARASEL: What am I supposed to do? Tolerate all of this?
COUNCILWOMAN COCHRAN: We will try to solve the problem at our next Town
Board Work Session.
ALFONSE MARASEL: It affects our health. We cannot have this.'
COUNCILWOMAN COCHRAN : I understand your plight. I do.
ALFONSE MARASEL: He just quit. Stopped at 7: 15. Just before I came here.
COUNCILWOMAN COCHRAN : Dusk usually.
ALFONSE MARASEL: He started at 8: 00 o!clock. . Now we have to wait two weeks
and listen to that? He's in violation of the Code as far as I can see.
COUNCILWOMAN COCHRAN : I'll look into it tomorrow.
ALFONSE MARASEL: I don't have to live this 'way.
.COUNCILWOMAN COCHRAN: Would you like to speak with me after the meeting
and explain to me where you see he's violation and tomorrow I will follow through
on it. _
ALFONSE MARASEL: I will call you up tomorrow in the afternoon and—see what
you've come up with. I have to be considered.
COUNCILWOMAN COCHRAN: Thank you.
SUPERVISOR MURPHY: Okay, thank you, sir: Anyone .else like to comment to
the Town Board ? (No response.) If not 1 think a motion to adjourn is in order
and I'd like to thank everybody for .coming out tonight.
Moved by Councilwoman Cochran, seconded °by Councilman Penny, it 'was
RESOLVED that this-'Town Board meeting be and hereby is 'adjourned at 8::45 P.M.
Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. .
This resolution was declared duly ADOPTED.
Judith T. Terry
Southold Town-Clerk