HomeMy WebLinkAboutTB-07/01/1986 20
SOUTHOLD TOWN BOARD
JULY 1, 1986
WORK SESSION
Present: Supervisor Francis 'J-. Murphy, Councilman James A. Schondebare,
Councilwoman Jean W. Cochran, Councilman George L. Penny IV, Town Clerk
Jduith T. Terry, Town Attorney Robert W. Tasker. (Absent: Justice Raymond
W. Edwards, Councilman Paul Stoutenburgh)
9:00 A.M. - Town Youth Counselor Mary. Ann Fleischman, and Recreation Director
Susan Fossett met with the Board to discuss a proposed rock concert to raise funds
to cover medical expenses of Amy Grigonis.'who was severely injured in'a recent
automobile accident, and in'memory of her sister and two other youths who were
killed within twenty-four hours of each other. The event is 'planned for July 30th
on the Mattituck High School grounds. The major problem is securing insurance,
and Ms. Fleishman requested the Town Board to be sponsor of the event and
provide the insurance coverage. They .have already received .,commitments. from
bands who will 'donate their 'services, as well as individuals throughout the community
who will 'help in many ways. It is anticipated this event would draw between 400
and 500 in'attendance. Because of the magnitude of the proposal, Ms. Fleischman
was asked to form a committee, detail the proposal and return to the Town Board
on July 15th for further discussion. ---Recreation Director Fossett brought the Board
up to date on the condition of the beaches which are all open for the season.
9: 30 A.M. - Superintendent of Highways Jacobs met with the Board to discuss the
recent fire at the Disposal Area, and commended the Town employees and fire depart-
ments for bringing it under control so rapidly.--Mr. Jacobs asked the Board to
consider purchase of the compacting machine which was the subject of a presentation
by Paul Donahue of O. H. Penn Machinery Co., Inc. at the June 17th meeting. He'
will try to arrange a demonstration of the machine at the Disposal Area in the near
future.--He also advised the Board of the need for one more part-time employee at
the Disposal Area to work from 9:00 to 3:00 .each day, and will submit the name of
a candidate for appointment at the next regular meeting.
9:50 A.M. - Community Development Administrator James C. McMahon met with the
Board to bring them up to date on the Seed Scallop Program, stating that most
likely Lake Montauk will be used, rather than Mattituck Creek, as it is the better
site and the East Hampton Town Board is in support.--Mr. McMahon also requested
the Board to advance funds to the Community Development budget for the purchase
of the Suffolk County tax sale parcel on South Harbor Road, Southold (see resolution
No. 25) .
10:00 A.M - Ron Morizzo', Ron Morizzo Builder, Inc. , met with the Board to discuss
his outstanding voucher for work .performed in the Supervisor's Office. Although
he wili' lose $600, he has decided not to pursue the matter further and :will accept
the 800 offered by the Board; requesting that they authorize the issuance of a check
immediately. Mr. Morizzo was advised that all of the contractors must agree to the
80o settlement and thanked him for coming before them to state his acceptance.---
Mr. Morizio asserted that. people are now afraid to sign contracts with those contractors
who worked on the Supervisor's .Office, and since his reputation was questioned, it
became necessary for him to obtain'a I Jtter .of recommendation from Executive Admin=
istrator Victor Lessard attesting to his abilities as a contractor and builder, a copy
of which he handed to the Board members.
JULY 1 , 1986
10: 15 A.M. - For Discussion Items: (1) Letter from RMH Research Inc. offering
their services in research questions relating to solid waste .disposal. (2) Request
from Rudolph Bruer, Esq. , on behalf of Roy J. Schoenhaar,, for the transfer of
the Alfred Steiner trailer permit to Mr. Schoenhaar (see resolution No. 26 - denied) .
(3) Discussion of Michael Zweig's contract with the Town to conduct a study of the
grape and wine. industry. in. Southold Town. The Suffolk County Industrial Develop-
ment Agency has agreed to supplement Mr. Zweig's expenses, but the Board has
questions relative to the break-down of costs to be charged to the Town and County.
One is the matter of the trip to Napa Valley, which the Town is not willing to fund,
and the other is the cost of a research assistant which would not be charged to the
Town if Mr. Zweig obtained the Industrial Development Agency funds. Mr. Zweig
and Tom Junor of the SCIDA will 'meet with the Board at 10 AM on July 15th to
review the proposal. (4) Receipt of Suffolk County Civil Service List for the
position of Building Inspector. A starting salary must be determined for interviews
are held. (5) Memorandum from Executive Administrator Lessard requesting that
the Town Trustees be included in Scoping Sessions with respect to properties near
the waterfront or tidal wetlands. All departments will be notified to include the
Trustees in the future. (6) Couricilman Schondebare presented a proposed -Local
Law in relation to the disposal of discarded vehicles and discarded fuel tanks at .
the Town Ref6se Disposal Area. (see resolution No. 31 scheduling a public hearing
for 8:00 P.M. on July 15th) . (7) Fishers Island Electric Corp. re: R. W. Beck
study for cost comparison. Will be discussed at a later date when Justice Edwards
is present. (8) Letter from the Assessors Office requesting alterations to provide
two offices in the westerly section of their 'office for privacy for the clerks. This
was referred to the Building and Grounds Committee for recommendations. (9) Letter
from Amy Jo Davison, Mattituck, requesting the closing of New Suffolk Avenue from
Marratook Lane to Reeve Avenue on September 21st, from 12:30 P.M. to 2:00 P.M. ,
to allow for the arrival of her ,wedding party in ;two horse drawn vehciles, and the
wedding guests. The Board agreed this would not be possible, and Miss Davison,
who was in the Town Hall at the time of the discussion was 'so advised by Council-
man Penny. (10) Request by Robert Graeb, on behalf of Sam Brown, for a trailer
_ permit on the west side of Tuthill Lane, Cutchogue, for housing for a Haitian family.
It was determined there had been a trailer permit'on this property up to 1978, but
was discontinued when the trailer burned. Upon investigation, by Executive Admin-
istrator. Lessard who went to the site and took photographs, it was determined a
fairly new trailer has been- placed on the property, without a :permit, and appears
to be occupied. There is also a one family residence on this property. (See
resolution No. 27 - request. denied.)
10: 30 A.M. - Farmland Preservation Committee Chairman Andre Cybulski, and
Charles Cuddy, attorney for Byron Horton, met with the Board to discuss Mr.
Horton's .request to be released from the option agreement for the purchase of
the development rights in'his 'farmland on the north side of Route 25, Cutchogue.
Mr. Cybulski advised the Board that the Farmland Committee had no objections
to the release provided the expenses incurred .to date are paid by Mr. Horton..
The Town Board then agreed to the release,. provided $2,400 is paid to the Town
for title search, •survey and appraisal services (see resolution No. 28) .--Mr.
Cybulski then advised the Board that G. Ritchie Latham and James P. Latham
would also like to be released from their option with respect to their property
south of Route 25 at Halyoake Avenue; Orient, and the Board agreed, provided
expenses incurred in the amount of $1, 100. be paid to the Town.--Mr. Cybulski
then advised the Board that the Farmland Committee would like to advertise for
more offers for the Town to purchase development rights, and the Board agreed
(see resolution No. 30) .
11 : 15 A.M. - DanieF Fogarty, Jr. , Fogarty Electric 8 Refrigeration, met with
the Board to explain the deficiencies in the Town Hall air conditioning system.
The major problem is in the Building Department, which is at the end of the line
of the system in the easterly section of the building. To correct the problem,
Mr. Fogarty submitted a proposal in the amount of $5,900. The matter was sub-
mitted the Building and Grounds Committee for study.
11 : 30 A.M. -'. William F. Gasser, Director of the American Armoured Foundation, Inc.,
Tank and Heavy Ordnance Museum, Mattituck, appeared before the Board to request
the Town of Southold to sponsor his museum and allocate funds, which he estimates
to be in the neighborhood of a million and a half dollars, to relocate the museum to
Route 25 and construct a large enough building to house all the equipment. He feels
the museum.would provide the Town with a tremendous tourist attraction, and the
full potential of the museum can only be reached with the support of the Town.
The Town Board, unable to provide funding to a private individual, suggested Mr.
Gasser submit his proposal to the various American Legion posts in the Town, as
well as the Chambers of Commerce.
11 :55 A.M. - The Board recessed for lunch and to attend the Senior Citizen Sports
Award Ceremony at South Harbor Park, Southold.
1: 30 P.M. - The Town Board reconvened in Executive Session to discuss a grievance
by Police Sergeant Barney P. Harris.
22
JULY 1 , 1986
2:00 P.M. - Work Session reconvened and off-agenda items and regular meeting
agenda resolutions were discussed.
3: 30 P.M. - Town Trustee President Henry P. Smith, and'Vice-President John M.
Bredemeyer III appeared before the Board to request that a plan be adopted for
dealing with the road runoff problem in' Southold Town creeks. Of special concern
is Arshamomaque Pond, closed to shellfishing a majority of the time two years ago.
The Skunk Lane drainage problem which is causing the pollution of Mud Creek has
been in' the works for two years, having run into easement problems. Mr. Bredemeyer
advised the Board that the DEC has identified several other creeks that are near
the critical point, citing Brushes Creek, Eugenes Creek, and Haywaters Cove, and
it is just a matter of time before other highly productive creeks are in trouble.
4:00 P.M. - Audit of bills.
4: 30 P.M. - Work Session adjourned.
REGULAR MEETING
7:30 P.M.
A Regular Meeting of the Southold Town Board was held on Tuesday, July 1,
1986. 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 James A. Schondebare
Councilwoman Jean W. Cochran
Councilman George L. Penny IV
Town Clerk Judith T. Terry
Town Attorney Robert W.. Tasker
Absent: Councilman Paul Stoutenburgh
SUPERVISOR MURPHY: Good evening. The first order of business I'd like a
resolution to approve the audit of July 1st.
Moved by Councilwoman 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 $27,795. 94; General Fund Part
Town bills in the amount of $6, 305.58; Highway Department bills in the amount
of $119,873. 95; Fishers Island Ferry District bills in the amount of $5,240.25;
Fishers Island Wastewater Treatment Plant bills in the amount of $61,702. 12;
Southold Waterwater Treatment Plant bills in the amount of $6,097. 12; Southold
Wastewater Treatment District bills in the amount of $1, 144.05; Recreation Activity
Fee Account bills in the amount of $515.78; Fishers Island Airport Rehabilitation
Grant bills in the amount of $143.00.
Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
Councilman-Schondebare,-Justice..LEdward.s;..Supervisor, Murs)hv.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Next is to approve the minutes of the regular meeting of
June 17th.
Moved by Councilwoman Cochran, seconded by Councilman Penny, it was
RESOLVED that the minutes of the Regular Town Board Meeting held on June 17,
1986, be and hereby are approved.
Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Next is a, resolution setting the next meeting date for
July 15th, Southold Town Hall, 7: 30 P.M.
Moved by Councilman Penny, seconded by Councilman Schondebare, it was
RESOLVED that the next Regular Meeting of the Southold Town Board, will' be held
JULY 1 , 1986
23
at 7: 30 P.M., Tuesday, July 15, _1986, at .the Southold Town Hall, Main Road,
Southold, New York.
Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
1. REPORTS.
SUPERVISOR MURPHY: Okay, moving on to the first item on your agenda is
Reports. I'd like to remind everybody that these reports are on file in the Town
Clerk's Office for anyone to read.
1. East End Community Services, Inc. Newsletter, June, 1986.
2. Highway Department monthly report - May 1986.
3. (a) Fishers Island Ferry District monthly report - April 1986.
3. (b) Fishers Island Ferry District monthly report - May 1986.
4. Councilmen reports. At this time 1'd like to ask the Councilmen if they
have anything to report, starting on my right with George.
'COUNCILMAN PENNY: Yes, on the 19th the Dog Committee= met with the Animal
Welfare League. We began contract negotiations for the upcoming year. On the
19th also the the Town Labor Management Committee met with the representatives
of the CSEA, as we do on a regular monthly basis. On the 24th the Landfill
Committee met, which Councilman Schondebare will report on. On the 25th we
met on the Master Plan. Does anybody report on that in general?--We met on
the Master Plan with the Planning Board. On the 27th again the CSEA Committee
met. We reached a point in our negotiations where we!re in pretty much agreement
and we're hopeful that everything will' be resolved in the very near future. We're
waiting to hear from the CSEA Unit now. On the 27th we had a meeting of the
Code Committee, which Councilman Schondebare will .report on.
-- SUPERVISOR MURPHY: Jay?
COUNCILMAN SCHONDEBARE: Thank you, Frank. Since I don't have my notes
as to what I did during the week, and George told me that I'm going to report
on all these things, I'll George's notes, if I can remember. I know we had the
Code Committee. We discussed the Home Improvement Contractors in Town. We
were fortunate to have Jack Lademann from the Suffolk County Department of
Consumer Protection, and we're going to have to reach a determination as to
whether or not we wish to continue the Town's Code with regards to enforcement
or revert and transfer our authority over to the County of Suffolk. That's
something that the Committee will have to decide and then make a recommendation
to the Town Board. It was very instructive, very informative and I have to thank
Jack Lademann for coming to us and presenting us with a wealth of information that
they have. Their facilities far exceed our own. Additionally a Code Committee meet-
ing will have to be set up and there are slues of things for it to do in'the coming
months. We had a Landfill meeting. The biggest thing about the Landfill is we got
rid of about three-fourths of the brush by an act of God and we want to thank God
for doing that, and for those of you on Fishers Island, Ray, we had a nice fire,
and it cleared up a big problem that we had up there, and 1 want to commend the
Town employees, because I was up there a lot and Ray Jacobs for the fine job.
Barney did a fine job and all the employees that were up there. The trucks were
going back and forth. We had to bury the fire using sand, and of course, our own
trucks we used, our own employees we used to transport the sand. It was an on-
going thing. I think we had like five trucks. It was like a convoy for hours and
days, back and forth, back and forth dropping off the sand, and then the bulldozers
from an independent contractor were used to bulldoze the area and to bury the sand,
to put the sand over the fire. They did a fantastic job and they got it out: Friday,
Saturday it .was still going. By Sunday, 1 guess, it was all buried and out. They
did'a fantastic job and I want to thank them and thank the Town employees who were
over and above the course of duty on their behalf. We're talking about getting a
compactor for the Landfill: If you go up there you'll see what we call all the white
metal that's up there. We've got cars, junk cars up there, we've got tanks up
there--when I say tanks we're talking about the oil tanks, gas tanks. We're trying
to get rid of that. We're thinking about maybe a compactor or a shredder to reduce
that--reduce the volume of it. Everything costs money. It's one of the biggest
problems we have in our Town and it's going to cost a lot of money for our taxpayers,
I'm sorry to say. That's it, Frank.
SUPERVISOR MURPHY: Thank you, Jay, for bringing the good news. Jean?
COUNCILWOMAN COCHRAN: Yes. On the 18th I attended the Chamber meeting.
CSEA Management meeting on the 19th. CSEA negotiating the 24th. Code Committee
on the 27th. Master Plan on the 25th, and they have been reported on, respectively,
by their very able chairmen. In addition we had the opportunity--the Town Board--
. to attend the opening of the new Chamber visitor information booth in Laurel on the
27th, and I would like to extend to the Chamber congratulations and best wishes for
their success. We also had the privilege this noon of attending the awards for the
seniors down at South Harbor. As you may know, each year they have a competitive
24 JULY 1 , 1986
sports program in your lifetime sports, such as golf, bocci ball, and the awards vim•-
give out under the able direction of our Recreation Director, this noontime, and
offer my congratulations to the winners also. Also, for the public's information, I
have set a meeting of Buildings and Grounds on July 14th at 3:00 P.M., and a
meeting of they Recreation Committee on July 7th at 4:00 P.M. Thank you, Frank.
SUPERVISOR MURPHY: Yes, Jean, thank you. Ray?
JUSTICE EDWARDS: 1 think this morning was probably the first Work Session that
I've missed probably all year'. It's getting very busy on the Island. It was an
extremely busy past two weeks. The Department of Environmental Conservation
"Game Wardens" have made two visit to the Island and my next report for the month
of June will show close to $1,000 in fines already levied, and another man is out or
$1,000 bail, whose trial will be here. We have had two very serious accidents on
the Island, motor vehicle, alcohol related,, and we're very lucky that no one was
seriously injured. Two men were taken to the hospital by the ambulance boat at
5:00 o'clock in the morning a week or so ago, and they .will be having constructive
surgery, facial surgery, for the rest of the year, if not longer, and we're very
lucky that no one was killed in these two accidents. One was a head-on, and the
other one was just over the roads, .through the fields, through a hydrant, and
hope this is not an idea of what we're going to have this summer, because the
summer really hasn't begun. This Friday we're having our annual Concert on the
Green. There's a fife and drum corps coming over from Connecticut. There will
be a parade from the ferry dock to the Village Green, and Lieutenant Commander
Rutkovsky, the Captain of the Port of the Coast Guard, who did such a marvelous =_
job- in removing that E-24, and I will be riding in the convertible leading the parade,
and Judy Terry has written a beautiful resolution that we'll be giving to Lieutenant
Commander Rutkovsky, and it looks like it's going to be a beautiful day on Fishers
Island on Friday. Thank you, Frank.
SUPERVISOR MURPHY: Thank you, Raymond.
COUNCILMAN SCHONDEBARE: Ray, I-don't remember receiving an invitation. --
)COUNCILWOMAN COCHRAN: Don't start that.
_IAN31
c61JNCILMAN PENNY: Aren't they part of Southold Town?
COUNCILMAN SCHONDEBARE: I thought they were part of Southol!d Town.
JUSTICE EDWARDS: The meetings are always in the evening.
COUNCILMAN SCHONDEBARE: Oh, I see.
COUNCILWOMAN COCHRAN: What's .different?
SUPERVISOR MURPHY: During thq day, Ray, that's why we'can't attend. Okay,
would just like to report just a little more just on the dump fire, and again to
compliment the Town employees, but also to thank the fire departments. I'm sure
Jay just overlooked it. To thank the fire departments for their great cooperation
and effort they've put in down at the Landfill. They finally pulled out, after
things were secure, around 10:30 on Friday night, and we just had to let the fire
burn itself out. I also attended, and was very happy, as Jean reported, on the
Chamber opening, and it is .very.-.nice and rewarding to see projects to come to a
conclusion, that you were involved in'. and it's only came to the conclusion because ;
many people cooperated and worked together and it's very good, it's a definite _
asset for the Town. Again, to comment just a little further on your comments,
Jean, on the Senior ames we had on the local level, these people now are going
to participate in the County and State Senior Games, so we wish the winners of
our Southold Town group well, and on their challenge going into the big leagues
now, so to speak. _
Il. PUBLIC NOTICES.
SUPERVISOR MURPHY: Moving on to the second item on the agenda is Public
Notices. There's two.
1. From ._.Gregory Blass (Presiding Officer of the Suffolk County Legislature)
notice of a public information meeting on Tuesday, July 8th in Hauppauge to support
the preservation of our open space acquisition that the County is right now debating,
and hopefully they will go forward. We have two very large projects in Southold
that are very close to us--Robins Island will be included in this, as well as Orient -
Point, and hopefully this goes through, and anyone who can go down on Tuesday,`
9:00 o'clock it starts in Hauppauge, to the Legislative Office Building to give your
comments on it, I'm sure would be appreciated.
JULY 1 , 1986 25
2. Public Notice, Corps of Engineers, concerning an application of Goldsmith's
Boat Shop, Inc., to dredge with ten years maintenance and upland disposal. Comments
expire on July 25, 1986. Anyone who has anything to comment on this the public
notice may be read on the Town Clerk's Bulletin' Board or the Town Clerk's Office.
Ill . COMMUNICATIONS.
SUPERVISOR MURPHY: Moving on to item III on the agenda.
1. Thank you letter from Brookhaven Town Councilman Joseph Macchia for
participating in' the land bank preservation conference, and hopefully--it looks like
it doesn't stand much of a chance of being passed this year. The 20 tax which is
most needed. for the East End towns to help preserve open space, wetlands and
all, and provide a tool or a mechanism to fund some of this. Hopefully in a last
minute negotiation before our State Assemblymen and Senators quit for the summer,
that maybe they will .pass this. There's a lot of pressure on them. I was over
yesterday to Brookhaven Town and met with Henrietta Acampora to try to push,
use her influence, to get Warren Anderson to get this moving. Hopefully--it appears
to be dead, but hopefullly maybe in' the last minute negotiations we can have something
on it. c c
2. A letter from the Town of Babylon, Tony Noto, Supervisor , tongue-in-cheek,
asking Southold Town if he could use our landfill for the disposal of his ash from his
resource recovery plant. We thanked him for the inquiry and said, sorry, we have
our own problems as all Towns do.
IV. PUBLIC HEARINGS.
SUPERVISOR MURPHY: There is no public hearing tonight.
V. RESOLUTIONS.
SUPERVISOR MURPHY: We'll move on to Item V, Resolutions. The first one is---
COUNCILWOMAN COCHRAN : Frank, are you going to let everyone speak?
SUPERVISOR MURPHY: Oh, yes, forgot our new policy. Thank you, Jean.
would like at this time to ask anybody in the audience, who would like to make a
comment on any resolution. Now, after the resolutions are passed the meeting will
be opened up again for any comments on any matter. The resolutions are listed
on your agenda here. If anyone would like to comment to the Town Boad on any-
thing on the agenda before we do go ahead and vote on it. . At this time I would
like to ask anyone. . Over on the left? Middle? Lois.
LOIS SAUTHOFF: Town Board Members, Supervisor Murphy, I am Lois Sauthoff,
President of the Mattituck Chamber of Commerce. I'm just here in case the Board
has any questions regarding our resolution. Thank you very much.
SUPERVISOR MURPHY: Thank you. Anyone else like to make any comments?
This is, I'm sure, concerning the Street Fair, correct?
LOIS SAUTHOFF: Yes.
SUPERVISOR MURPHY: Anyone else? Any comments on any resolutions? (No
response.) If not, I'll ,move on to resolution Number 1 which is to set fees for
our Scavenger Waste Plant.
1. Moved by Justice Edwards, seconded by Supervisor Murphy, it was
RESOLVED that the Town Board of the Town of Southold, in accordance with
Chapter 75 of the Code of the Town .of Southold, entitled "Southold Scavenger
Waste Disposal Law", hereby establishes the following fees, effective July 14, 1986:
Removal and Transporters License: $25.00 per vehicle per year.
Pursuant to Section 75-2. 3
Scavenger Waste Disposal Fee: $.02 per gallon of vehicle capacity.
Pursuant to Section 75-8. 1
Septic 'or Cesspool Construction, Alteration, or Reconstruction Permit ( Residential) :
$10.00 per occurrence. Pursuant to Section 75-5. 1.A
Septic or Cesspool Construction, Alteration, or Reconstruction Permit (Non-Residential)
$25.00 per occurrence. Pursuant to Section 75-5. 1.B
Septic or Cesspool Operation Permit (Residential) : $.10.00 per homeowner.
Pursuant to Section 75-5.2.A
Septic or Cesspool Operation Permit (Non-Residential) : $25.00 per premises.
Pursuant to Section 75-5.2.B
AND BE 1T FURTHER RESOLVED that effective July 14, 1986, only full load vehicle
capacity disposal tickets shall be sold by the Town Clerk's Office.
1.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 2 is to execute an agreement.
26 JULY 1 , 1986
2. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis J. Murphy to execute an agreement between the Town
and Heather Cusack to conduct a road drainage project, to locate and identify
sources of road drainage into the Town's 22 creeks, and prepare a priority list-
of the problem sites; said project to be concluded within three months of entering
into the contract; contract sum is $2,000.00; all in accordance with the agreement
prepared by Town Attorney Tasker.
2.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 3 we're going to hold (request a Suffolk County
Civil Service List for Senior Building Inspector) . Number 4 is to adopt a Local
Law No. 5.
4. Moved by Councilman Schondebare, seconded by Councilman Penny,
WHEREAS, a proposed Local Law No. 5 - 1986 was introduced at a meeting of
this Board held on the 6th day of May, 1986, and
WHEREAS, a public hearing was held thereon by this Board on the 17th day of
June 1986, at which time all interested persons were given an opportunity to be
heard thereon, now, therefore; be it
RESOLVED that Local Law No. 5 - 1986 be enacted as follows:
LOCAL LAW NO. 5 - 1986
A Local Law in relation to bed and breakfast facilities
BE .IT ENACTED by the Town Board of the Town of Southold as follows:
(additions indicated by underline deletions by [brackets])
Chapter 100 (Zoning) of the Code of the Town of.Southold is amended as follows:
1. Subsection 14 of section 100-30B, as added by local law No. 1, 1986,
is hereby renumbered subsection 15.
11. Section 100-30B thereof (Special Exception uses in "A" Districts)
is amended and a new subsection .06) is added to provide as follows:
B. Uses permitted by special exception by the Board of Appeals.
The following uses are permitted as a special exception by the
Board of Appeals;' as hereinafter provided, and, except for
the uses set forth in subsection (16) hereof, are subject to
site plan approval by the Planning Board in accordance with
Article XIII hereof:
(16) The renting of.not more-than three (3) rooms in an owner
occupied we lin for lodging and serving of breakfast
to not more than six 6) casual and transient roomers,
provided that the renting,of such rooms for such purpose
is clearly incidental and subordinate to the principal use
of the dwelling, subject to the following requirements :
(a) That adequate off-street parking spaces shall be
provided for such rented rooms in addition to parking
spaces for the use of the family of the owner.
Ill . Subsection (1) of section 100-40B (Special Exception uses in "M"
Districts) is amended to read as follows :
(1) Any special exception use set forth in, -and as regulated
by [,] section 100-30B of this chapter except that the
use set forth in section 100-30B( 16) shall not require site
plan approval.
IV. Subsection (1) of section 100-50B (Special Exception uses in "M-
1" Districts) is amended to read as follows:
(1) Any special exception use set forth in, and as regulated
by [,] section 100-30B of this chapter except that the
use set forth in section 100-30B( 16) shall not require site
plan approval.
V. Section 100-60B thereof (Special Exception uses in "B" Districts)
is amended and a new subsection (2) is added to provide as follows:
B. Uses permitted by special exception by the Board of Appeals.
The following uses are permitted as a special exception by the
Board of Appeals, as hereinafter provided,and, except for the
uses set forth is subsection (2) hereof, are subject to site plan
approval by the Planning Board in accordance with Article XIII
hereof:
JULY 1 , 1986 2
(2) Special exception uses set forth in, and as regulated by
-,erection' 1-00-3'OB.--(1'6) of this chapter.
VI. Section 100-70B thereof (Special Exception uses in "B-1" Districts)
is amended and a new subsection (7) 'is added to provide as follows:
B. Uses permitted by special exception by the Board of Appeals.
The following uses are permitted as a special exception by the
Board of-Appeals,-' as hereinafter provided, and, except for
the uses set forth in subsection (7) hereof, are subject to site
plan approval by the Planning oard in accordance with Article
XII1 hereof.
.(7) Special exception uses set forth in, and as re ulated b
section 100-30B( 16) of this chapter.
VI1. Section 100-80B thereof (Special Exception uses in "C" Districts)
is amended and a new subsection (18) is added to provide as follows.:
B. Uses permitted by special exception by the Board of Appeals,
as hereinafter provided, and except for the uses set forth in
subsection (18) hereof, are. subject to site .plan approval by
Me Planning Board in accordance with Article XIII hereof.
(18) Special exception uses set forth in, and as regulated by
section 100-30B(16) of this chapter.-
VI I1. Section 100-90A thereof (Special Exception uses in "C-1" Districts)
is amended and a new subsection (48) is added to provide as follows:
Section 100-90. Use regulations.
A. In the C-1 District, .buildings and premises may be used for
any lawful purpose, except that no building and/or premises
shall be used for [dwelling, boarding and tourist home,] hotel,
motel or tourist camp purposes, and the uses hereinafter set
forth are permitted only by special exception by the Board of
Appeals, as hereinafter provided, and, except for the uses
set forth in subsection (48) hereof, are subject to site plan
approval by the Planning Board in accordance with Article X111
hereof:
(48) Special exception uses set forth in, and as regulated by
section 100-30B( 16) of this chapter.
IX. This 'Local Law shall take effect upon its riling with the Secretary
of State.
4.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 5 is to enact Local Law No. 6 for 1986.
5. Moved by Councilwoman Cochran, seconded by Justice Edwards,
WHEREAS, a proposed Local Law No. 6 - 1986 was introduced at a meeting of
this Board held on the 6th day of May, .1986, and
WHEREAS, a public hearing was held thereon by this Board on the 17th day of
June, 1986, at which time all interested persons were given an opportunity to be
heard thereon, now, therefore, be it
RESOLVED that Local Law No. 6 - 1986 be enacted as follows:
LOCAL LAW NO. 6 - 1986
A Local Law to make provision for
Affordable Housing for moderate income families
BE IT ENACTED by the Town Board of the Town of Southold as follows :
I. Section 100-20 (District Designations) of Chapter- 100 (Zoning) of the
Code of the Town of Southold is amended by adding thereto the following
new district- designation :
F. AHD - Affordable Housing District
11. Chapter 100 (Zoning) of the Code of the Town of Southold is amended
by adding thereto a new article, to be Article -V A, to- provide as
follows:
28
Q JULY 1 , 1986
ARTICLE VA
AFFORDABLE HOUSING DISTRICT
Section 100-55. 1. Purpose. -.
The purpose of the Affordable Housing District is to- provide the opportunity
within certain areas of the Town for the development of high density housing
for families- of moderate income.-
Section 100-55.2. Definitions.
For the purpose of this Article, the following terms, phrases and words shall
have the following meaning :
CONSUMER PRICE INDEX - The Consumer Price Index as published by
the United States Department of Labor, Bureau of Labor Statistics for
the New York Metropolitan area.
DIRECTOR - The Director of Community Development for the Town of
Southold.
MODERATE INCOME FAMILY - A .family whose aggregate annual income,
including the total of all current annual income of all family members
(excluding the earnings of working family members under age 21) from
any source whatsoever at the 'time. of application for the purchase or
lease of an .affordable housing. unit or the purchase of an unimproved
affordable lot, - does not exceed $39,000.00, which annual income shall be
revised each year on January 31st to conform to the previous year's
change in the consumer- price index.
= _ MODERATE INCOME FAMILY DWELLING UNIT - A dwelling unit reserved
for rent or sale to a moderate- • income family and for which- the
maximum monthly rent (excluding utilities) or the maximum initial sales
price does not exceed the maximum rent or maximum sales price set forth
in Section 100-55.7E hereof.
MODERATE INCOME FAMILY UNIMPROVED LOT - An unimproved lot.
reserved for sale to- a. moderate income - family, and for which th:_
maximum initial sales price, inclusive of the cost of providing public
water and/or public sewer service to- the lot, does not exceed the maximum
sales price set forth in Section 100-55.7E hereof.
PERMANENT FIXED. IMPROVEMENT - An improvement to a lot or a
moderate income family dwelling unit which cannot be removed without
substantial damage to- premises or total loss of value of said.
improvements.
Section 100-55. 3. Applicability.
AHD Districts shall be -established by application to..the Town Board pursuant to
the procedures- hereinafter, specified, on parcels of land located within the
following areas:
A. Land within a one-half (1) mile radius of the post offices located in
.the hamlets of Mattituck,' Cutchogue, Peconic and Southold:
B. Land within one-quarter ( ) mile radius of the post offices located in
the hamlets of East Marion and Orient.
C. Land within one-quarter (4) mile of the boundaries of the Incorporated
Village of Greenport.
D. Land in such other areas as shall be - designated by Town Board
resolution after a public hearing thereon, upon ten ( 10) days notice
thereof by publication in the official Town newspapers.
Section 100-55.4. Use Regulations.
In the AHD District, no building or premises shall be used, and no building
' or part of a building shall be erected or altered which is arranged, intended
or designed to be used, in whole or in part, for any use except the
following :
A. Permitted uses.
1. One-family detached dwelling
JULY 1 , 1986 29
2. -Two-family 6-welling`"
3. Multiple dwellings.
B. Accessory uses.
Accessory uses as set forth. in and regulated by Section 100-30C (1) ,
(2) , (3) , (4) , (6) and (7) of this Chapter'.
Section 100-55.5. Bulk Area S Parking Requirements:
No building or premises shall be used and no building or part thereof shall
be erected or altered in the AHD District unless the same conforms to the
following Bulk, Area E Parking Schedule.
BULK, AREA S PARKING SCHEDULE.
Minimum Single Family Two-Family Multiple
Requirements Dwellings Dwellings Dwellings
Total lot area (sq. ft.) 10,000 20,000 40,000
Lot Width (ft.) 80 100 150
Lot Depth- fft.) 100 140 200
Front Yard (ft.) 35 35 45
One side yard (ft.) 15 15 20
-_= Both side.yards (ft. ) 25 30 40
Rear yard (ft.) 35 35 45
Livable floor area (sq.ft. per dwg) 850 600 600
Off-street- parking spaces (per- dwg) 2 2 2.
Land area (sq.ft.) per: dwg. unit 10,000 16,000 10,000,-
Maximum Permitted Dimensions
Lot coverage (percent) 20 25 25
Building height 35 35 35
Number of stories 2Z 2" 2.1
Section 100-55.6 Application Procedure
A. Application Procedure.
The procedure for planning and zoning approval of any future proposed
development in an AHD District shall involve a two-stage review process
as follows:
(1) Approval of a preliminary development concept plan and the zoning
reclassification of a specific - parcel or parcels - of land for
development in accordance with that plan by the Town Board; and
(2) Approval of a final, detailed site plan, . and subdivision plat
approval, if required, by the Planning Board.
B. Application to the Town Board for rezoning approval.
Four (4) copies of the application for the establishment of an AHD
District shall be filed with the Town Clerk who shall submit a copy to
the Town Board at its next regular scheduled meeting. The application
shall contain at least the following information :
(1) The names and addresses of the property owners, and all other
persons having an interest in the property; the name and address
of the applicant (if not the owner) ; the names and addresses of
any planners, engineers, architects; surveyors, and all other
persons or firms engaged or proposed to be engaged to perform
work and/or services with respect to the project described in the
application.
30 JULY 1 , 1986
(2) If the applicant is not the owner of the property, written
authorization of the owner or owners authorizing the applicant to
submit the application on behalf of the owner or owners.
(3) A written statement describing the nature of the proposed project,
and how it will be designed to fullfill the purposes of this Article
(including its consistency with the Town Master plan) ; an analysis of
the site's relationship to adjoining properties and the surrounding
neighborhood; the availability- and adequacy of community facilities
and utilities, including public water and public sewer systems, to
serve the needs of the project and the residents therein; the safety
and capacity of the street system in the area in relation to the
anticipated traffic .generated, and such other information as deemec
necessary by the Town Board and/or the Planning Board to enable
them to properly review and act upon the application.
(4) A written statement describing the proposed method of ownership,
operation and maintenance of all proposed common utilities, including
public water and sewer facilities, and open land located within the
proposed development.
(5) A preliminary development concept plan for the proposed project,
drawn to a convenient scale, and including the following information :
'(a) The total area of the property- in acres and square feet.
(b) A map of existing terrain conditions, including topography with
a vertical contour interval of no more than two (2) feet,
indentification of soil types (including wetlands) , existing
drainage features-, major rock outcroppings, the extent of
existing wooded areas and other significant vegetation, and
other significant features of the property.
(c) A site location sketch indicating the location of the property
with respect to neighboring streets- and properties, including
the -names of all owners of property within five hundred (500)
feet therefrom, as shown on the last completed town assessmer
roll. Such sketch shall also show the existing zoning of th:_
property and the location of all zoning district boundaries in
the surrounding neighborhood.
(d) A preliminary site development plan indicating the approximate
location, height and design of all buildings, the arrangement of
parking areas and access drives and the general nature and
location of all other proposed site improvements; including
recreational facilities, landscaping and screening, the storm
drainage system, water and sewer connections, etc.
(e) A plan showing the number, type and location of all proposed
dwelling units and unimproved lots to be reserved for sale or
lease to moderate income families, and the ratio of the same to
all proposed dwelling units and lots in the development.
(f) A generalized time schedule for the staging and completion of the
proposed project.
(g) An application fee in the amount of fifteen dollars ($15. ) for
each proposed dwelling unit or five hundred ($500. ) dollars,
whichever is greater.
C. Referral to Planning Board.
Upon the receipt of a properly completed application for the establishment
of a new AHD District, one copy of the application shall be referred to
the Planning Board for its review and report, and one copy shall be
referred to the Suffolk County Planning Commission for its review and
recommendation, if required by the provisions of the Suffolk. County
Charter. Within sixty (60) days from the date of the Planning Board
- meeting at which such referral is received, the Planning Board shall
report its recommendations to the Town Board. No action shall be taken
by the Town Board until receipt of the Planning Board report or the
expiration of the Planning Board review period, whichever first occurs.
Said review period may be extended by mutual consent of the Planning
Board and the applicant.
JULY 1 , 1986 1
D. Planning Board Report.
The Planning Board, in its report to the Town Board, may recommend
either approval of the application for the establishment of the AHD
District, with- or without modifications, or disapproval of said
application. In the event that the Planning Board recommends disapproval
of said application, it -shall state- in' its- report the reasons for such
disapproval. - In preparing its report and recommendations, the Planning
Board shall give consideration to- the Town Master Plan, the existing and
permitted land uses in the area, the relationship of the proposed design
and !ocation of buildings on the site; traffic circulation, both on and off
the site, the adequacy and availability- of community facilities and
utilities, including public water and public ' sewer-..systems, to service the
proposed development, compliance of the proposed development with the
standards and requirements- of this Article; the then- current need for
such housing, and such other factors as may be related to the purposes
of this Article.
E. Town Board Public Hearing.
Within forty-five (45) days. from the date of the .Town Board's receipt of
the Planning Board's report and recommendation, or the expiration of the
Planning Board review period, whichever first occurs, the Town Board
shall hold a public hearing on the matter of establishing an AHD District
on the property- described in the application. Such hearing shall be held .._..
upon the same notice as required by law for amendments to the town
Zoning Map and/or Zoning Code.
F. Town Board Action.
(1) Within forty-five (45) days after the date of the close of the public
hearing, the Town Board shall act either to approve, approve with
modifications, or disapprove the preliminary development concept
' plan and the approval or disapproval of the establishment of the
AHD District applied for. Approval or approval with- modifications
shall be. deemed as authority for the applicant to proceed with- the
detailed design of the proposed development in accordance with such
concept plan and the procedures and requirements-of this Article. A
copy of the Town Board's determination shall be filed with the
Planning Board and a copy mailed to- the applicant. A copy shall also
be filed in the Town Clerk's Office. if such determination approves
the establishment of a new AHD District, the Town Clerk shall cause
the official Zoning Map to-be amended accordingly.
(2) Approval of the establishment of an AHD District shall expire twelve
(12) months after the date of Town Board Approval thereof if the
applicant has not received site- development plan approval and final
subdivision plat approval of at least the first section of the planned
development within such twelve (12) months period. Approval of the
establishment of an AHD District shall expire eighteen (18) months
after said Town Board approval thereof if work on the site has not
commenced or the same is not being prosecuted to conclusion with
reasonable diligence. The Town Board, upon application of the
applicant, and upon good cause being shown, may in the exercise of
its discretion, extend both of. the above time periods for not more
than two (2) additional periods of not more than six (6) months
each. In the event of the expiration of approval as herein provided,
the AHD District shall be deemed revoked and the zoning
classification of the property affected thereby shall revert to its
zoning classification that existed on the property- immediately prior to
the establishment of the AHD District thereon, and the Town Clerk
shall cause the official Zoning Map to be amended accordingly.
G. Site Plan And Subdivision Plat Approval by the Planning Board.
(1) No earthwork, site- work, land clearing, construction or development
activities shall take place on any property within an AHD District*
except in accordance with a site plan approved by the Planning
Board in accordance with the provisions of this Article and in
accordance with the procedures and standards for site plan approval
as set forth in Article XI11 of this Chapter.
(2) Where a proposed development involves the subdivision or
resubdivision of land, no development shall proceed until the
Planning Board has granted final subdivision plat approval . in
accordance with the provisions of Chapter A 106 of the Town Code.
3 2 JULY 1 , 1986
Section 100-55.7 General Regulations and Requirements.
A. Sewer and Water.
In an AHD District, public water supply systemsand/or public sewer
disposal systems shall be provided to serve all dwelling units located
therein.
B. Covenants and Restrictions..
In approving a preliminary development concept plan and/or the
establishment of an AHD District, the Town Board shall have the right to
require the applicant and/or the owner and all persons having an intere!
in the premises to execute an agreement, • in recordable form, containin
such restrictions, covenants; terms and conditions as it deems necessar.
to accomplish the intent and purposes of this Article.
C. Provision For Moderate- Income Family Dwelling Units And Unimproved Lots.
(1) On land within an AHD District containing ten (10) acres or less of
land, not less than forty (40%) percent of the dwelling units- and/or
unimproved lots located therein shall be reserved. for sale or lease to
moderate income families.
(2) On land within an AHD District containing more than ten (10) acres _
of land, the number of dwelling units and unimproved lots therein,
to be reserved for sale or lease to- moderate. income families shall be
as follows:
(a) Not less than ten (10%) percent of the dwelling units- shall be
_- reserved for lease to moderate income families.
(b) Not less than ten (10%) percent of the dwelling units- shall be
attached dwelling units reserved" for sale to moderate income
families.
-(c) Not less than twenty (20%) percent of the dwelling units sha��
be one-family detached dwelling units reserved for sale t
moderate income families.
(d) Not less than ten (10%) percent of the unimproved lots therein
shall be reserved for sale to moderate income families.
D. Eligibility.
In each AHD District, - the sale or lease of dwelling units reserved
for moderate income families,' and the sale of unimproved lots
reserved for sale to moderate income families shall be allocated on a
priority basis, in the following order:
(a) First to eligible applicants employed in the Town of Southold.
(b) Second to eligible applicants who reside in the Town of
Southold, in the order of length of residence in the Town.
(c) Third to all other eligible applicants.
E. Maximum Sales Price And Monthly Rent.
(1) In an AHD District, the maximum initial sales price of a dwelling unit
or unimproved lot reserved for sale to moderate income families shall
be as follows :
(a) Unimproved lot containing an area of 10,000 sq.ft. - $25,000.
(b) Attached dwelling unit - $60,000.
(c) Single-family detached dwelling unit - $75,000.
(2) The maximum initial monthly rent (exclusive of utilities for a dwelling un
reserved for moderate income families in the AHD District shall be a
follows:
(a) Studio Apartment - $300.
(b) One bedroom dwelling unit - $400.
(c) Two bedroom dwelling unit $500...
JULY 1 , 1986 33
(d) The provisions of this. Section 100.55.7E(2) shall remain in effect as
to each dwelling `unit for-a period of fifteen (15) years from the date
of the initial lease thereof.
(3) The maximum sales prices and monthly rents set forth in Section
100-55.70) and (2) hereof shall be revised each year on January 31st to
conform to the previous year's change in the consumer price index.
F. Resale Price of Dwelling Units and Unimproved Lots.
(1) Dwelling units in an AHD District reserved for moderate income families
may be resold to moderate income families, provided that the maximum
resale price does not exceed the purchase price plus the cost of
permanent fixed improvements, adjusted for the increase in the consumer
price index during the period of ownership of such dwelling unit and
such improvements-plus reasonable and necessary resale expenses.
(2) Unimproved lots in a AHD District reserved for moderate income families
may be resold to. moderate. income families, provided that .the maximum
resale price does not exceed the purchase price of such -lot adjusted for
the change in the consumer price index for the period during which such
lot was owned by the resale seller; plus reasonable and necessary resale
expenses.
(3) Where an unimproved lot in an AHD District reserved for moderate income...,
families is improved with a dwelling unit, 'the maximum resale price shall
be determined in the manner specified in Section 100.55.717 (1) hereof.
(4) Notwithstanding the provisions of Section 100-55.717 (1) , (2) and (3)
hereof, the Director may authorize the resale of a dwelling unit or
unimproved lot reserved for moderate income families at a price in excess of
the maximum resale price specified in Section 100-55.7F (1), (2) and (3)
hereof, under the following conditions:*
(a) That the owner of such dwelling unit file an application with. the
Director requesting approval of such resale, setting forth in detail
the calculation for the determination of the maximum resale price, the
proposed resale price, and such other information and documentation
as the Director shall request.
(b) That the portion of the resale price in excess of the maximum
allowable resale price shall be divided between the resale seller and
the Town in the following proportions.
Year of Resale Percentage Percentage
after purchase to Owner To Town
1st 0 100
2nd 20 80
3rd 40 60
4th 60 40
5th 80 20
6th 90 10
(c) All money received by the Town pursuant to the provisions of
the preceding paragraph (b) shall be deposited in separate
accounts and shall be expended only for the purposes of this
Article in such manner as shall be determined by the Town
Board.
Section 100-55. 8 Administration.
A. General Duties of Director.
(1) The Director shall be responsible for the administration of dwelling
units and unimproved lots reserved for moderate income families in
all AHD Districts pursuant to the provisions of this Article.
(2) The Director shall promulgate and maintain information and
documentation of all dwelling units- and unimproved lots reserved for
moderate income families in all AHD Districts; the number thereof
available for sale or lease at all times; the sales prices and monthly
rent for such dwelling units and lots; the names and addresses of
eligible families desiring to purchase or lease the same, together with
a priority list of such families. The Director shall maintain such
other records and documents as shall be required to properly
administer the provisions of this Article.
34 DULY 1 , 1986
B. Interagency Cooperation.
(1) Whenever the Town Board approves the establishment of an AND
District, . a copy- of such determination shall be filed with the
Building Inspector and the Director, together with a copy of any
agreements and/or covenants relating thereto.-
(2) Whenever the Planning Board' approves a subdivision plat and/or a
site plan affecting land within an AHD District, a copy thereof shall
be filed with the Building Inspector and the Director, together with
copies of any agreements• and/or covenants relating thereto.
(3) Whenever the Building Inspector shall issue a building permit,
certificate of occupancy or any other permit or authorizatio
affecting dwelling units and/or unimproved lots. located in an AHD
District and reserved for sale of lease to moderate income families, a
copy thereof shall be filed with the Director.
C. Procedure.
(1) Whenever the Building Inspector receives an application for a
certificate of occupancy for a dwelling unit or unimproved lot located
in an AHD District and reserved for sale or lease to moderate income
families, the Building Inspector shall file a copy thereof with the
Director who shall inform the owner and/or person filing such
application of the maximum sales price or monthly rent for such
dwelling unit or lot as well as eligibility requirements for families
seeking to purchase or lease such dwelling units-or lots.
(2) No certificate of occupancy may be issued by the Building Inspector
until the Director has supplied the Building Inspector with the
information provided for in the preceding paragraph and the
Building Inspector determines that the issuance of the certificate of
occupancy will not permit a use, occupancy, sale or lease of a
dwelling unit or unimproved lot in violation of the provisions of this
Article.
(3) The Director shall certify the eligibility of all applicants for leaser
purchase of dwelling units and unimproved lots reserved ft
moderate income families. An owner of dwelling units and unimproved
lots in an AHD District which are reserved for sale or lease to
moderate income families shall not sell or lease the same to any .
person who does not possess a certificate of eligibility issued by the'
Director. A violation of the provisions of this paragraph shall
constitute grounds for the revocation of a certificate of occupancy.
(4) On or before March 31 of each year, the Director shall notify the
owner or manager of dwelling units and unimproved lots reserved for
moderate income families of the monthly rent, sales price and income
eligibility- requirements for such units and lots based upon data
derived from the preceding year.
(5) The owner or manager of dwelling units and unimproved lots
reserved for moderate income families shall certify in writing to the
Director on or before May 31 of each year that the sale and/or lease
of such dwelling units and lots comply with the provisions of this
Article and Chapter 100 of the Town Code.
(6) When a dwelling unit reserved for lease to -moderate income families
is to be rented, the lease for such unit shall not exceed a term of
two (2) years.
Section 100-55. 9 Applicability of Town Code.
All of the Provisions of the Code of the Town of Southold not inconsistent
or in conflict with the provisions of this Article shall be applicalbe in the
AHD District.
Ill. This Local Law shall take effect upon its filing with- the Secretary of
State.
5.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
JULY 1 , 1986
35
SUPERVISOR MURPHY:.. Number, 6: is.to,accept, with: regret, the resignation of
Pam Kehl as a part-time Police Officer, effective June 16th, 1986. 1 offer that
resolution.
6. Moved by Supervisor Murphy, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts, with
regret,_the resignation of Pamela Kehl as a part-time Police Officer for the Town
of Southold, effective June 16, 1986.
6.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Justice Edwards, Supervisor Murphy.
This 'resolution was declared duly ADOPTED. t
SUPERVISOR MURPHY: Number 7, Ray, would you like to make that to reject
the bids?
7. Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby rejects the bid
of Equipment Sales 8 Service Co. , Inc. , Lindenhurst, New York, for the purchase
of the Town's F. R. Morbark Super Beever Total Chiparvestor S/N SB-120, with
Blade Sharpener and spare parts, at the bid' price of $35, 950.00.
JUSTICE EDWARDS: I might add that this Chiparv:estor is going to be transferred
over to Fishers Island and they certainly have a good use for it over there with
their future incinerator that the engineers are working on now. So it's going to be
put to good use over there. Thank you, Frank.
7.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 8 is to authorize me to execute a permit application.
8. Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis J. Murphy to execute the following permit applications
to the New York State Department of Environmental Control, and include with said
applications two checks for fees in the amount of $50. 00 each:
Application for a Permit for the use of Chemicals for the Control of Aquatic
Insects.
Application for a Permit 'for the use of bacterial larvicide to control mosquito
larvae at Fishers Island.
Application for Registration as a Pesticide Business.
8.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared ,duly ADOPTED.
SUPERVISOR MURPHY; Number 9 is to grant a special license to the Mattituck
Chamber of Commerce to hold their Annual Street Fair on Saturday, July 12th,
from 9:00 A.M. to 4:00 P.M. I offer that resolution.
9. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it 'was
RESOLVED that the Town Board of the Town of Southold hereby grants a Special
License to the Mattituck Chamber of Commerce, pursuant to Section 100-114(C) of
the Code of the Town of Southold, to hold their 9th Annual Street Fair on Saturday,
July 12, 1986, from 9:00 A.M. to 4:00 P.M., on Love Lane, Mattituck, provided they '
secure and maintain the proper insurance to hold the Town of Southold harmless.
9.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 10 is to appoint an Aide to the Senior Adult Day
Care Center.
10. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Boaird of the Town of Southold hereby appoints Calvin
Crenshaw as an Aide for the Senior Adult Day Care Center, effective immediately,
at a salary of $3. 35 per hour for ten (10) hours per week.
10.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 11 is to execute an agreement between the County
of Suffolk and the Town of Southold for our Adult Day Care Program for the term
April 1, 1986 to March 31, 1987, at a cost not to exceed $24, 620.00.
11. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
. directs Supervisor Francis J. Murphy to execute an agreement between the County
JULY 1 , 1986
3s of Suffolk, Human Resources Division, Office for the Aging, and the Town of
Southold, for the operation of the Adult Day Care Program for the term of April 1,
1986 through March 31, 1987, at a total cost not to exceed $24, 620.00-.
11.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED. -
'a
SUPERVISOR MURPHY: Number 12 is to grant a pay increase.
12. Moved by Councilwoman Cochran, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby grants Suzanne
Walden, summer Clerk Typist in the Building Department, an increase in her per
hour rate of pay from $5.50 to $6.00, effective July 1, 1986.
12.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 13 is to amend a prior resolution.
13. Moved by Councilman Penny, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby amends their
Resolution No. 9, adopted June 3, 1986, appointing Brian Bambrick as a Lifeguard
at a salary of $5.50 per hour, to reflect a salary of $5.75 per hour.
SUPERVISOR MURPHY: This came about because of an agreement we had with
years of service with the Town and there was a mistake on this one person.
13.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
.SUPERVISOR MURPHY: Number 13 is to appoint a new Lifeguard for the 1986 season.
14.. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED •that the Town Board of the Town of Southold hereby appoints Thomas
McNulty as,'a Lifeguard for the 1986 Summer Season, at a salary of $5.75 per hour.
14.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Next is 15 and 1 would like to ask Jean to make it to
establish the song "Grand Old Southold" as our Town song. Jean.
15. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby declares that the
song "GRAND OLD SOUTHOLD", written by George A. Yoerger, shall henceforth
be known as the Official Song of the Town of Southold, and be it further
RESOLVED that the poem, written by George A. Yoer ,er, entitled "GRAND OLD
SOUTHOLD", shall henceforth be known as the Official Poem of the Town of
Southold.
COUNCILMAN PENNY: I'd .like a, question. Would Jean please sing the first
chorus.
COUNCILWOMAN COCHRAN: I don't read music.
SUPERVISOR MURPHY: If you could play the piano, George, she will.
COUNCILWOMAN COCHRAN : Yes.
COUNCILMAN PENNY: It will be a long time.
15.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 16 we're going to hold for two weeks (approve
the amount of $1, 150,000. 00 for a bond for roads and improvements in the sub-
division known as "Harbor View" at Mattituck) . Number 17 is to authorize the
advertisement for bids.
17. Moved by Councilman Penny, 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) Welding
Machine for the Southold Town Highway Department.
17.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Justice Edwards, Supervisor Murphy..
This resolution was declared duly ADOPTED.
JULY 1 , 1986 3- 7
SUPERVISOR MURPHY: Number 18 is to execute an agreement between the Town
and Southold Union Free School District for our Rec Department. I offer that
resolution.
18. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was -
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis 'J. Murphy to execute an agreement between the Board
of Education of Southold Union Free School District, and the Town of Southold, for
the Town Recreation Department to use the school buildings and grounds located on
Oaklawn Avenue, Southold, or Peconic Lane, Peconic, for the purpose of conducting
a playground and arts and crafts program, to include all activities necessary and
incidental thereto, for the term of July 7, 1986 through August 14, 1986.
18.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Justice Edwards, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 19 is to authorize the purchase of a copier.
19. Moved by Justice Edwards, seconded by Councilman Penny, it 'was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Super-
intendent of Highways Raymond L. Jacobs to purchase, for use at the Highway
Department Office, one (1) Savin 7020 copy machine, at a total cost of $3, 675. 00,
including service contract for one year.
19.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 20 is to authorize the transfer of funds.
20. Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
transfer of $7,000.00 from A4050. 4, Public Health, Contractual Expenses, into
A4050. 1, Public Health, Personal Services, General Fund Whole Towne 1986 Budget,
to provide monies for the BTI Mosquito employees, Fishers Island.
20.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Justice Edwards, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 21 it so authorize to advertise'for bids.
21. Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board .of.the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for the construction of a new Dog
Pound building for the Town of Southold at Peconic, New York.
21.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 22 is to transfer funds.
Rescinded July 29, 1986 by Resolution #4
22. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
transfer of $4,000. 00 from Joint Youth Account A7320.4, Contractual Expenses,
to Petty Cash, Recreation Activity Fee Account, within the General Fund Whole
Town 1986 Budget, to cover salary expenses and supplies needed for the summer
recreation program.
22.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 23 is to authorize change of coverage for the
Fishers Island Ferry District people.
23. Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Board of Commissioners of the Fishers Island Ferry_ District to provide Blue
Cross/Blue Shield of Connecticut health insurance plan coverage to Fishers Island
Ferry District personnel, effective August 1, 1986; said plan to replace their
present Empire Plan coverage.
23.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 24 is to accept a bid.
24. Moved by Councilman Schondebare, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
JULY 1 , 1986
38
bollowing bids for furnishing and placing asphalt concrete within the Town of
Southold, as follows:
Paul Corazzini & Sons, Inc. : Item No. 1W - $41.00 per ton
Item No. 2W - $41.00 per ton
Item No. 3W' - $40.00 per ton
John T. Montecalvo, Inc. : Item No. 4W - $39.67 per ton
24.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 25 is to authorize the advance of funds into the
Community Development budget.
25. Moved by Councilman Penny, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
advance of $2,521.75 to the Community Development fund, from the General Fund
Whole Town Budget, for the purchase of a Suffolk County Tax Sale parcel -
1000-075-03-014, located at South Harbor Road, Southold.
25.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 26 = do we want to hold 26?
COUNCILMAN PENNY: No.
SUPERVISOR MURPHY: Do you want to vote on it?
COUNCILMAN SCHONDEBARE: I think they have to be told one way or the other.
SUPERVISOR MURPHY: Okay, do you want to deny?
26. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby denies the
transfer of .Trailer Permit No. 54 from Alfred W. Steiner to Roy J. Schoenhaar;
which permit expires September 21, 1986.
26.-Vote of the Town Board: Ayes: Councilman Penny, Councilman Schondebare,
Justice Edwards. No: Councilwoman Cochran, Supervisor Murphy.
This resolution was declared LOST.
SUPERVISOR MURPHY: Number 27 is an application of Sam Brown for a single
family house trailer permit.
27. Moved by Councilman Penny, seconded by Councilwoman Cochran, it was
RESOLVED that the application of Samuel G. Brown, for a single family house
trailer permit 'for trailer to be located on the west side of Tuthill Lane, Cutchogue, .
be and hereby is granted for a six' (6) month period.
SUPERVISOR MURPHY: I would like to make an amendment, provided that prior
permit fees be paid?
COUNCILMAN PENNY: From when to when?
SUPERVISOR MURPHY: The last time it was licenses.
COUNCILMAN PENNY: We have no guarantee that it's been used in between.
SUPERVISOR MURPHY: Okay. You don't want to add to it?
COUNCILMAN SCHONDEBARE: I don't even want to give them the trailer permit.
would not add to it because I'm going to deny it.
COUNCILMAN PENNY: We have no way of checking whether it's been used or
not in the last. . ..
SUPERVISOR MURPHY: Any other questions on it? (No response.) Judy.
27.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
Justice Edwards. Noes: Councilman Schondebare, Supervisor Murphy.
This 'resolution was declared LOST.
SUPERVISOR MURPHY: Number 28 is a release from an Option Agreement, for
Byron Horton for his Option for the Town to purchase development rights on
his land in Cutchogue, provided the Town is reimbursed the sum of $2,400.00,
representing $150. 00 for the title search, $1,500.00 for a survey, and $750. 00
for appraisal services. I offer that resolution.
JULY 1 , 1986
39
28. Moved by Supervisor Murphy, seconded. Councilwoman Cochran,
WHEREAS, Byron Horton has requested that he be released. from his Option Agree-
ment with the Town of Southold for the purchase of the development rights in his
land comprising a proximately 50 acres and located on the north side of N.Y. Route
25 at Cutchogue, and --
WHEREAS, the Town Board hereby agrees to release .him, provided the Town is
reimbursed for certain expenses which have been incurred on behalf of Byron
Horton, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby releases Byron
Horton from his option agreement with the Town for the purchase of the development
rights in his land at Cutchogue, provided the Town is reimbursed the sum of $2,400.00,
representing $150.00 for a title search, $1,500.00 for a survey, and $750.00 for
appraisal services.
28.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 29 is a release of Ritchie Latham and James P.
Latham from an Option Agreement with the Town to purchase their development
rights in their land at Route 25 in Orient, provided that the Town is reimbursed
the sum of $1,100.00, representing $150.00 title search, $150.00 for survey, and
$800.00 for appraisal. I offer that resolution.
29. Moved by Supervisor Murphy, seconded by Councilman Penny,
WHEREAS, G. Ritchie Latham and James P. Latham have requested that they be
released from their option agreement with the Town of Southold for the purchase
of the development rights in their land comprising approximately 9.8 acres and
located south of N.Y. Route 25 at Halyoake Avenue, also known as Platt Road,
Orient, New York, , and
WHEREAS, the Town Board hereby agrees to release them, provided the Town is
reimbursed for certain expenses Which have been incurred on behalf of G. Ritchie
Latham and James- P. Latham, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby releases G. Ritchie
Latham and James P. Latham from their option agreement .with the Town ,for the
purchase of the development rights in their land at Orient, provided the Town is
reimbursed the sum of $1,100. 00, representing $150. 00 for a title search, $150. 00
for a survey, and $800.00 for appraisal services.
29.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 30 is to authorize the Town Clerk to advertise
for offers of development rights for farmland.
30. 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 offers for the sale of development rights
to the Town of Southold from farmland owners within the Town, to be accepted
by the Southold Town Farmland Preservation Committee for four (4) weeks from
the date of publication (August 7, 1986) .
30.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 31 is to set a public hearing for 8:00 P.M. ,
Tuesday, July 15th on a proposed"Local Law in relation to the disposal of discarded
vehicles and discarded fuel tanks at the Town Refuse Disposal Area" . I offer that
resolution.
31. Moved by Supervisor Murphy, seconded by Councilman Schondebare,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local Law entitled, "A Local Law in relation to the disposal of discarded
vehicles and discarded fuel tanks at the Town Refuse Disposal Area", now, there-
fore, be it
RESOLVED that the Town Board hereby sets 8: 00 P.M. , Tuesday, July 15, 1986,
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. - 1986
A Local Law in relation to the disposal of discarded
vehicles and discarded fuel tanks at the Town Refuse Disposal Area
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Section 48-3 (Town refuse disposal area) of Chapter 48 of the Code of the
Town of Southold is amended by adding thereto a new subdivision, to be
subdivision D, to read as follows:
D. The attendant at the Town refuse area is authorized to prohibit the
disposal of discarded motor vehicles and/or discarded fuel tanks at
40 JULY 1 , 1986
the refuse disposal area.
II. This Local Law shall take effect upon its filing with the Secretary of State.
31.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 32 is a new one that we have added on.
32. Moved by Councilwoman Cochran, seconded by Councilman Penny,
WHEREAS, members of the Buildings and Grounds. Committee have ascertained
that the office furniture removed from the Supervisor's office is presently in
the Town Hall and avilable for use in the Supervisor's Office.
NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS:
1. That the Town custodians are hereby directed to immediately remove
all new furniture presently stored in the Supervisor's office and to store the
same in a safe and secure location in the basement of the Town Hall.
2. That the Town custodians are hereby directed to immediately replace
the furniture previously removed from the Supervisor's office.
32.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,•-
Councilman Schondebare, Justice Edwards. No: Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, that's the end of our prepared and added-on
agenda. Little surprises. At this time I would like to ask any. Councilman if
they have anything further to say, starting on my left. Ray?
JUSTICE EDWARDS: Thank you. Yes. The mosquito people are starting to do
their work on the Island now thanks to the money that was put forward by the
County and the Town of Southold and Fishers Island Development Corporation
locally. The girls came over here a week or so ago. I drove them in to Hauppauge.
They got their instructions and brought back all kinds of literature and tomorrow,
if 'the sun is out. in the morning, they will' be scooping up these little gambuzia,
the minute fish that like mosquito larvae, and I will be flying a couple of buckets
of them back tomorrow afternoon to the Island. During our tour in Hauppauge--
I believe it was a week ago Wednesday--Dr. Gurgis that's in Vector Control over
there, took us through the laboratory, and they have three or four tanks of the
gambuzia there, and he just showed us, by .scooping out some of the mosquito
larvae, what these little fish do. And they put a scoop of the larvae in there--
there was probably maybe 50 to 75 in there, and in less than four seconds it was
gone. And that's what these little gambuzia are. There were some planted on the
Island two years ago. They have survived a 'couple of winters, and they're adding
more to the ponds over there. All in all when the girls were doing their work last
year it worked out quite well. We hope it will' be just as successful this year.
Thank you, Frank.
SUPERVISOR MURPHY: Jean?
COUNCILWOMAN COCHRAN: Nothing, thank you.
SUPERVISOR MURPHY: Jay?
COUNCILMAN SCHONDEBARE: Nothing, Frank.
SUPERVISOR MURPHY: George?
COUNCILMAN PENNY: I'd just like to say that I'm very happy to see that we've
passed the Affordable Housing Law. It's been a long time. It's been a matter of
controversy and reconciliation of thoughts and what has come out of this after this
length of time has been a conglomeration, and I hope it works out better than most
conglomerations--of thoughts by everybody on the Town Board. It worked out very
and 1 hope that we get to test it very soon, and I'm just super pleased to see it
finally get through. Thank you.
SUPERVISOR MURPHY: Okay. Anything else?
COUNCILMAN SCHONDEBARE: I expect to see the Costello property have an
application in to change it to our new Affordable Housing District soon.
COUNCILMAN PENNY: I'm sure he will.
SUPERVISOR MURPHY: Okay, I would just like to make a comment to the Town
Board. I hope that none of this 'furniture is damaged while putting it in a safe
place and that I don't know--I will not sign any purchase orders for any new
equipment for any desks. There are no surplus desks in the Town that these
people could use, or equipment. Now at this time I would like to ask anybody
in the audience if they would like to make any comment at all to the Town Board?
JULY 1 , 1986
41
JOHN TUTHILL: John Tuthill, Orient._ I :would like, to make a comment in relation
to the three acre zoning in Orient-:-- NowJ we agreed earlier ,that the pros and cons
we would wait until next Tuesday to discuss that when you;have your--week from
next Tuesday--when you have your Work Session. However, we contemplate a
possible action and I thought it would only be fair to tell al.I you people about it
and that's .the reason 1 came back today and I wanted to tell you why. We've done
a little homework and we find down in'Orient that the open space that has not
already been lined up for development, is equivalent to about 800 acres. Probably
some of the yellow on the map is already lined up for development if we were to
check that, and this 800 acres, practically all of it is land that about 10 or 12 old-
time Orient residents have elected not to do anything with, on their own, so that
we--down there 1, think everything has, been developed that'people could get ahold
of and there are these older families that have elected to not do it over the years,
and the reason that they have--of course, our grandfathers they liked the land
and they also felt that it was also good to have in case of an emergency. Now,
those of us who own it now feel the same way. We don't want to do anything with
it, and we feel that it is, of course, there in case of emergency, and probably now
there is more chance of a serious emergency then there has been over the hundred
or two hundred years that it has been in the family. If anybody wants to know
what the emergencies are I'd .be glad to tell them, but I won't take your. time.
However, now we've got 800 acres and we did some figuring that if we take how
many houses could be built=-the difference between three acre zoning and two acre
zoning, and when you figure roads and everything, comes gout to.about 100. Now,
you also add up the number of houses we have in Orient, plus all that could be
built on developed land--that is the stuff that's already been approved--this 100
houses is about five or six percent, ,so that as houses it really doesn't mean an
awful lot. However, to those 10 or 12 of us who now own this land and still don't
want to develop it--when you figure that a house lot now--two acre house lot is
going for at least $50,000 and a lot of them $100,000, it could be more than that--
when you multiply that by 100, you're up to five million or ten million dollars that
it's affecting us. So that the only thing- we can see is that if it is approved that
way, we just got to take some kind of action. We don't want to do it, but we
just got to take some kind of action with that kind of future money involved.
It's just like taking somebody's money out of the bank. And I thought it was
fair 'to you to let you know that we are making plans, if the thing goes that
way with three acres, because it's a big' thing for us. . We still'don't plan to
do any development, but you can't tell what the future. will' bring and we just
don't think it's fair 'to treat Orient different then the way the rest of the Town
is treated. We have already proven that we've got plenty -of water and it's good
quality. Now, we'll get some arguments on that probably from the other side,
and that's another thing that this has done, is divided Orient. That's unhappiness
too. For those reasons I gave, the 800 acres, it's .been held out on purpose. We
could have jumped in and developed it, but we didn't., We're just as interested as
anybody, but gee we've got a big monetary thing facing us and I'm afraid that if
it keeps going the way it 'is, we're going to have to take some action which we've
already made some inquiries, and I just wanted to let you know--I don't really see
as we're--going to take action against the Town. I know there's a number of you
people--I'm, sure there are--that feel it's unfair to treat Orient different then the
rest of the Town, but I don't .know who we're taking action against, maybe just
two or three that just don't like us, but I just want to let you know that we might
be forced to do that. Thank you.:
SUPERVISOR MURPHY: Thank you. Is there anyone else like to address the
Town Board? Mr. . Carlin'.
FRANK CARLIN: Frank Carlin from Laurel. Before I start I want to get something
straightened out, especially with George Penny. I am not here for political reasons.
I haven't spoke to. Bill Grigonis or communicated with Bill Grigonis. I'm here for
three reasons. Number one, as a concerned citizen. Number two, as a taxpayer,
and Number three, as a man who cares about Southold Town. Question, Frank,
and a suggestion, and then I'd .like to address Councilman George Penny. Did you
get any report on the time from the Highway Department that I requested at the
last meeting?
SUPERVISOR MURPHY: Two requests went down for the time and I haven't received
anything yet. I'll follow up again tomorrow. I'm sorry. We should have had it.
I'm sure they were tied up.
FRANK CARLIN: Oh, sure. The information center, the building is very pretty,
very nice, but I have one suggestion--I noticed it today and it's constructive and
not destructive. If there were signs only put down, say about a half a mile--a
mile down the road, east and west. What's happening is the people are coming
around the curve 40 - 50 'miles an hour, seeing the sign the last minute and throwing
their brakes on, and there's going to be an accident there, and they're making a
U-turn and going across a solid double line. So, as a suggestion----
COUNCILWOMAN COCHRAN: Mr.. Carlin, that's in the works. There will be signs
erected.
42
JULY 1 , 1986
FRANK CARLIN: Good, very good. Okay. Because it could save an accident.
COUNCILWOMAN COCHRAN : Are they there now?
4
LOIS SAUTHOFF: Yes.
MR. CARLIN: Further down the road?
LOIS SAUTHOFF: Yes.
MR. CARLIN: Fine, (very good.
SUPERVISOR MURPHY: How's .that for fast action?
MR. CARLIN: Very good. Terrific. George Penny. I don't want you to think
1 want to throw any fuel in the fire. It's not my intentions, but this is the Code
Book for Zoning. All the rules and regulations in there. On Section 100-44 it
explains the violations of zoning. When you put up .construction without a permit
you know what the penalty is. Now I understand you have from 1976 1 imagine--
I'll .give you the benefit of the doubt, there was 11, but I'll say 10, for an even
number, of violations. That you failed to get a building permit or C.O. for.
According to this book, and it's written by Southold Town--and we do obey the
laws here--we live up to our regulations, as we've seen up until now, in the past,
and all the technicalities. It states, and it says, for each violation that occurs, a
penalty of $500, or 15 days in'jail,' or both. .They it goes and states that after
eighteen months you can go as high as $1500 and be penalized in jail as far as
15 days. Now it seems to me you didn't get any certificates. You said that. You
violated the law. It's right in the book. Right in the book in black and white.
So let's .do some arithmetic now. If you're going to live up this law book, which
was written by this Town and the Planning Board, or the Zoning Board, for each
violation you must have to go to the maximum, because it's over 18 months. Let's
see, $1500. 00 times 10 is '$15,000.00. I'm going to eliminate the penalty in prison.
don't like prisons. So I would say--we're getting technical now--we must obey
our laws, because I'll tell you what--to show you that my money is where my mouth
is, I just completed my deck and I paid fifty bucks. It's complete now. I done
four additions since 1968 and I got a permit and I paid, so I don't think you should
be any different, and you have a violation here. That's the important thing. Violat ;.
Now, you can't say that you didn't know, because when you go get an application
have to sign it. Contractor don't always--or I don't believe--can get an applicatio
for a permit for someone else, because you have to sign it. Your name has got to
go on that as the property owner. I signed mine. And you're telling me that I
didn't have to go to the Town Board to get a permit, that the contractor could have
done it for me?
COUNCILMAN PENNY: Absolutely.
MR. CARLIN : Right. Okay. Okay, I'll go along with that, if that's what you
say, but it's funny I had to sign the bottom of the application as the property
owner. Okay? Okay. Now, with ten violations--and the reason why zoning--one
of the reasons why zoning is, is 1 believe is that the Tax Assessors and the
Planning Board knows and are keeping track of what people are doing on their
houses., Well, if you have ten .violations and the Tax Assessors don't know it, how
can they come and reassess your house? You don't know. You don't know. You
also said that "my house is being properly assessed". I don't think it's up to you
to decide that. I think that's what we have Tax Assessors for. So what I say
here, we must go by the law. It's written in the book. We have a violation on
our hands it must not be overlooked. To be fair to everybody in Town. It must
not be overlooked and a proper penalty must be paid: And I'll tell you what, I'm
going to follow this up. I'm going to watch the Planning Board and I'm going to
watch zoning to make sure it is. That you pay your proper penalty, Mr. Penny,
because you violated the law and tax. You've admitted. You've violated it. Thank
you very much.
SUPERVISOR MURPHY: Okay, thank you. Is there anyone else in the audience
would like to address the Town Board? Bill.
WILLIAM BEHR: I'm Bill Behr. I'm from the Chamber of Commerce and I'd like
to talk of a little more positive thing right now. I want to thank the Town Board
for enacting Local Law No. 6 for Affordable Housing, and also Local Law No. 5 for
the Bed and Breakfast. I'd also like to reinforce that from the Southold Town
Economic Advisory Committee, because we feel these are very positive actions on
the part of the Town for our economic growth and stability. Very important. Aside
from that, as a citizen, I'm very disappointed that Jean Cochran did not sing "Grand
Old Southold".
COUNCILWOMAN COCHRAN: My heart went--oh, my gosh, what did .l do now?
JULY 1 , 19$6 43
MR. BEHR: She's invited to the next Chamber of Commerce dinner. . .
COUNCILWOMAN COCHRAN: I will learn it.
MR. BEHR: . . .and we'll get you a piano, if you wish, dear, I will accompany you
on it. .Okay? --
COUNCILWOMAN COCHRAN: Bill; you've never heard me sing and you're in for
a treat.
MR. BEHR: Maybe some of the Board would like to join you,. You're all invited.
How's that?
COUNCILWOMAN COCHRAN: Thank you.
SUPERVISOR MURPHY: They'll all leave then.
MR. BEHR: I'd also like to make a statement aside from any organization, whatever.
Just as a citizen, if I may. I really feel disappointed today that we did not have
the Work Session on the Orient and Cutchogue sites, and I understand why. There
were people missing. But I also feel that discretionary zoning is really unfair and
what we think is being proposed--because we never heard what they said today--
was. five, we're hearing three. I've heard some other numbers. But I'm .just saying
discretionary zoning is really not fair. I'd also like to make another suggestion to
the Board for what it's .worth. You may consider it. I've been to a lot of town
meetings, as a lot of other people have been. I think it would be nice if the week
before the matters of discussion would be resolved and cemented and not augmented
during the working sessions. If they're that important, fine, they can be injected,
but the agendas are very loose, and I think it would be really' nice if you could
advertise in the local papers just what it is for the citizens, and then have those
people here on those matters which they're interested in. The resolutions change.
We started this morning with like 24, and they're up to 32. You changed some of
the working session. I really feel there's a lot of talent here in this Town and
don't really think that they're--unfortunately by the way it's now organized--using
time effectively. I would like for you to consider that. I know you're all intelligent
people. If you set something for your agenda the week before, in concrete, and
advertise it to the public and adhere to it. Of course there's always emergencies,
but you're all intelligent people. I heard you this morning about the applications
for the trailers. That was battered back and forth. I thought when I left they
were all going to be denials. Well they change. But be it as it may, they should
be on the agenda. There was no one here representing their interest, interested
enough, but these are a matter of public information. Why can't it be advertised
in the newspaper? I'm not a neighbor of these trailer owners, whomever they may
be, but if 1 knew their applications were up for renewal maybe I would be here.
Anyway, be it as it may, I would like to have you take that under consideration
of formulating an agenda the week before, advertising it and keeping to it, unless
there is an emergency. Thank you very much.
SUPERVISOR MURPHY: Thank you. Is there anyone else would like to address the
Town Board? (No response.) If not, any other Councilman have anything to say?
(No response.) Motion for adjournment is in order.
Moved by Councilwoman Cochran, seconded by Councilman Penny, it was
RESOLVED that this Town Board. meeting be and hereby is adjourned at 8: 30 P.M.
Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
�(�l
_ Judith T. Terry
Southold Town Clerk