HomeMy WebLinkAboutTB-10/21/1986 201
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SOUTHOLD TOWN BOARD
OCTOBER 21, 1986.
WORK SESSION
Present: Supervisor Francis 'J. Murphy, Justice Raymond W. Edwards,
Councilman Paul Stoutenburgh, Councilman James A. Schondebare, Councilwoman
Jean W. Cochran, Councilman George L. Penny IV, Town Clerk Judith T. Terry,
Town Attorney Robert W. Tasker '(9:45 A.M.)
9: 15 A.M. = The Board conducted the audit of outstanding vouchers.
9:30 A.M. - Superintendent of Highways Raymond L. Jacobs, unable to be present
due to illness, submitted a proposal to the Board from Sidney B. Bowne 8 Son
for the construction phase of the Skunk Lane Drainage Improvements at a fee of
$16,500.. . The Board decided to accept the proposal and placed a resolution (No.
16) to, do so:-"-Supervisor Murphy polled the Board with respect to the authoriza-
tion .of a bond resolution and bid for the purchase of a compacting. machine for the
landfill' site at an approximate cost of $175, 000.. .The Supervisor, Councilwoman
Cochran, Councilmen Schondebare and Stoutenburgh agreed to request Town Attorney
Tasker to prepare the bond resolution. Justice Edwards and Councilman Penny did
not express an opinion.
9:45 A.M. -.,,For Discussion Items: (1) Carpeting at Town Hall - Board agreed new
carpeting is needed in'the Supervisor's Office, the Hallway, and the Receiver of
Taxes office, A resolution will' be placed on the November 6th agenda to authorize
the Town Clerk to advertise for bids. (2) Letter from the Private Sanitation industry
Association Nassau Suffolk, Inc. concerning the Town of Islip's decision to deny the
accommodation of all non-residential waste at their'landfill' effective November 1, '1986,
and requesting the use of the Town of Southold landfill' until the immediate problem
is solved. The Board agreed the Town's landfill' could •not accommodate such an
increase of waste disposal. (3) Letter from John Dorman, Chairman, Community
Relations/Development Committee, Eastern Long Island Hospital, requesting a donation
from the Town during their.1986 fund raising campaign. Mr. Dorman will address
the Board at'11:45. A.M. (4) Letter from Town Attorney Tasker to Wallace L. Duncan,
Esq. requesting his .review 'of court decisions with respect to Southold Town's
proposed establishment of a public electric.system. A response has not been
received from Mr. Duncan as of. this 'daste. (5 E 6) Letters from the Planning
Board requesting the Town Board's .determination of money to be deposited.-with
the Town in lieu of land for park and playground in' the subdivisions known as
"Crowley Estates" and "Deborah Edson". The. Board will' request Andrew Stype
of Stype Brothers Real Estate, to conduct an appriasal of the properties in'question
(see resolution NO. 17).
10:00 A.M. = The Work Session recessed at this 'time and the Tow-n Board held a
public hearing on a violation. of Chapter 90 (Unsafe Building & Collapsed Structure
Law) of the Code of the Town of Southold by Saul Millman and Janet Millman.
10:45 A.M. - Andrew and Val Stype, Jr. , Val Stype 8 Sons, Inc. , insurance
agents for the Town, met with the Board to submit 'the loss history for the Public
Officials, Police Professional, Business Automobile and Package policies. They also
advised the Board that the Business Auto and Package policy premiums for the term
January 1, 1987 to January 1, 1988 could increase 250. The Public Officials and
Police Professional premiums for the renewal term cannot be determined at this time,
and will advise the Town Board as soon as the renewal premiums become known to
them.
10:55 A.M. - Joseph Onufrak, representing "Citizens Against Norris 'Downzonin
Organization", (CANDO') , as well as Edward Siegmann, a resident of that area in
Mattituck, who introduced other residents, appeared before the Board to discuss
the zoning designation of the Richard Carr (Norris) property. Mr. Onufrak read
a letter addressed;:to the Southold Town Board from CANDO which requested a zone
change on the property upon which Mr. Carr, is petitioning to build 95 condominiums.
'The requested change would be from ."Multiple Light" residence to R-80 (2 acre) in
order to properly conform with the "Original" map of the new Master Plan. The
letter questioned why the property was changed back to "M" in later maps, whereas
202 OCTOBER 21, 1986
the rest of the property surrounding .the "Norris" site are all zoned two acres and
were surely. zoned that way for some very good reasons.' .(The six page letter is
on file in'the Town Clerk's .Office, along with petitions containing 428 signatures,
presented by Mr. Siegnann, petitioning the Town Board to rezone the Norris/Carr
property.) Mr. Siegmann also addressed the Board to re-emphasize Mr. Onufrak's
remarks.---John J. Hart, Esq., attorney for Richard Carr, owner of the property
under discussion, requested permission to address the Town Board in' response to
the remarks made by Mr. Onufrak and Mr. Siegmann.---Supervisor Murphy denied
the request, advising Mr. Hart that he is 'welcome to make an appointment to address
the Town Board .at a future Work Session.
11 :30 A.M. - Mary Ellen Tomaszewski, 'along with her neighbor Susan Ganko, both
residents of Aldrich Lane, Laurel, met with the Board to reiterate their earlier req 1t
for a reduced speed limit 'on Aldrich Lane. Mrs. Tomaszewski requested the Board
to take action to discourage the use of Aldrich Lane (a truck route) by trucks;
install. a doublehsolid line the ,length of the .road, consider widening it; and increase
local enforcement of the speed limit. She explained that there are now 20 homes on
the road, with more homes to be built, and 22 children reside in those homes.
Herricks Lane, west of Aldrich, which runs from Route 25 to Route 48, has a 30
MPH speed limit; and is not a truck route,. nor is 'it heavily populated. She suggest-
ed that the Town Board recommend to the State DOT that Herricks (in' the Town of
Riverhead) be designated the truck route.---Supervisor Murphy assured Mrs.
Tomaszewski that the police department is strengthening their'patrols on Aldrich
Lane to enforce the speed limit,' and he will' contact the DOT and request them to
reevaluate the speed limit 'designation.
11 :45 A.M. - John Dorman, Chairman, Community Relations/Development Committee,
Eastern Long Island Hospital, met with the Board to review the financial' standing
of the hospital, and request a"significant donation from the Town to help the
hospital financiafly,!',which. donatiori'would "serve as recognition by the Town
Board of the important service which the hospital renders to the community." Mr.
Dorman assured the Board that, speaking on behalf of the ELIH Board of Trustees,
this is 'a one-time request, and they do not anticipate it 'will' be repeated next year
or in'the foreseeable future.--Mr. ' Dorman was advised that the 1986 budget is not
in surplus at this point in' time' , however the Board will review the request in early
December and make a decision with request to the request.
12:15 P.M. - For Discussion Items (continued) : (7) Letter from Christopher Kelle
Esq. , on behalf of Henry Wiesmann and Frank Flynn, intervenors in' the Southport
Development application for rezoning, resubmitting comments of July 11, 1986 with
respect to the environmental impact of the proposed project: (8) Letter from the
Southold Town Planning Board in' response to a letter from the Suffolk County Depart-
ment of Planning concerning. the proposed zoning map., The Planning Board recommend-
ed that either Raymond, Parish, Pine & Weiner or Zepatowski Associates should address
the request of the County to "depict proposed zoning changes on composite existing
zoning map(s) of the Town or submit composite existing zoning map(s) of the Town,
each preferably at the same scale as the proposed zoning map; and submit tabular
summaries indicating acreages in'the existing and proposed zoning districts, including
any supplementary explanatory information relating thereto." .(See resolution no. 26
authorizing RPPW. to..address..these requests.) In answer to the County's .question
concerning the Planning Board's recommendation,. the Planning Board .responded that
they "feel that it is the finest plan that could be produced and recommends that it
be adopted." (9) Letter from Paul A. Caminitf, Esq. transmitting a letter addressed
to Board. of Appeals Chairman Gerard Goehringer, with regard to a public hearing
held on Special Exception Application':No. <3478 by the Church of the Open Door.
(10) Additional appointments to the Kenny's Beach Shoreline Erosion Control
Committee (see resolution no. 19). (11Make appointments to the Self Eva uatioh
Handicapped) Committee (see resolution no. 20) . (12) Letter from John Tusa,
Executive Director, East End Counseling Project, transmitting a letter from the
United Way of Long Island, recommending that a $10,000 grant be made .to that
agency. The Town Board has agreed to provide matching funds in' the amount ::of
$10,000, to: enable East End Counseling to hire a social worker for their North Fork
Counseling Service .office in Southold. (13) Request from Christopher Kelley, Esq
representing Henry Wiesmann and Frank Flynn, residents of the Sage ,Cove area,
requesting an informal work session with the Town Board regarding the issues
raised by the proposed new zoning of the cove area. This is 'a matter of a pending
change of zone petition and the Board has a policy of not meeting with applicants :
or opponents to discuss a pending action. (14) Notification that Henry P. Wickham
wishes to donate his vacant parcel of land located on the south side ot Route .48,
opposite the entrance to the Landfill. Cutchogue, to the Town. The Board agreed
to accept to accept this parcel (see resolution no. 21) . (15) Memo from the Town
Clerk asking whether the Town Board wished to purchase an additional eight Town
Flags. The supplier advises there is an overrun and the eight may be purchased
at less than half price. Board authorized the purchase.---The Board discussed
contracting for custodial services for the Senior/Youth Center building, and reviewed
a duty statement' for the services.. .' They agreed to advertise for proposals for the
period December 1, 1986 through. November 30, 1987 (see resolution no. 23).
OCTOBER 21 , 1986
2- 0 3
EXECUTIVE SESSION -
12:45 P.M. - Councilman Penny reviewed negotiations progress for the new PBA
contract.
1:00 P.M. - Recess for lunch.
2:05 P'.M. - Work Session reconvened and .the Board reviewed agenda resolutions,
and off-agenda items.
3:00 P.M. Board met with Town Planner David Emilita to discuss the SEQR process"
with respect to the proposed updated zoning code and zoning map. Mrc , Emilita
expressed his opinion that the. proposal will' have a negative effect upon the enviro-n-
ment, and in' response to questions from the' Board, stated that if 'they should decide
to make a positive declaration, he would then'recommend the preparatioh 'of a generic'
EIS. Jeanne Marrine' r, member of the Conservation Advisory Council,' seated in the
audience, advised the Town Board that the CAC .feels there will'Marine. Business
designations wilF affect the Peconic. Estuary. System. After due deliberation the
majority of the Board. agreed to adopt a negative declaration (see resolution no. 24) ..
3:45 P.M. - The. Board discussed the purchase of a used housetrailer for $2,000
for office and storage facilities for Recreation Director Susan Fossett. The room
she is 'presently occupying at the Senior/Youth Center is 'too small and by utilizing
the trailer this room could be made available to Youth Counselor Mary Ann Fleishman.
The trailer would be placed near the northerly property line of the center property
for easy access by the public '
4:06 P.M. - Work Session adjourned.
4:05 5:00. P.M. -. The. Board conducted a 1.987, Budget review.
REGULAR MEETING
7:30 P.M.
A Regular Meeting of the Southold Town Board was held on Tuesday, October
21, '1986 at Ahe Southold Town Hall, Main Road, Southold, New York. Supervisor
Murphy opened the meeting at 7: 30 P.M. with the pledge of Allegiance to the Flag.
Present:- Supervisor Francis 'J. Murphy
Justice Raymond W. Edwards
Councilman Paul.Stoutenburgh
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
Councilman George L. Penny IV
Town Clerk Judith T.. Terry
Town Attorney Robert W. Tasker
SUPERVISOR MURPHY: The first order of business is 'a resolution to approve the
audit of the bills of October 21st, 1986.
Moved by Councilman Stoutenburgh, 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 $45,096. 98; General Fund Part Town bills in
the amount of $8,286.28; Highway Department bills in' the amount of $58,479. 04;
Fishers Island Ferry District bills in'the amount of $5,750. 63; Southold Wastewater
District bills in' the amount of $1,057.58; Southold Wastewater Treatment Plant bil!s
in the amount of $6,856.53; Waterfront Revitalization Grant bills in the amoutn of
$2, 975. 00.
Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Next, a resolution to approve the minutes of the regular
meeting of. October 7, 1986, and minutes of the special' meeting of October 8, 1986.
Moved by Councilwoman Cochran, seconded .by Councilman Penny, it 'was
RESOLVED that the Town Board of the Town of Southold hereby approves the
minutes of the October 7, 1986 Regular Town Board Meeting, and the minutes of
2 O `t OCTOBER 21, 1986
the October 8, 1986 Special Southold Town Board Meeting.
Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And -next is"a resolution setting the next meeting dates of
October 24th, 1986, 3:00 P.M., Southold Town Hall, for the approval of the Preliminary
Town Budget, and setting November 6th, 1986 as our next regular Town Board meeting,
7:30 P.M. , Southold Town Hall.
Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was
RESOLVED that the next Regular Meetings of the Southold Town Board will be held
at 3:00 P.M. ,. Friday, October 24, 1986, and 7: 30 P.M. , .November 6, 1986, both a
the Southold Town Ha.l:l, Main Road, Southold, New York.
Vote of the Town Board. Ayes : CouricHman Fenny, Councilwoman Cochran, Councii-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, at this 'time I would like to just move off our regular
agenda and we have a very special' presentation of some winners of the Tennis '
Tournament Awards, and I understand these boys are so busy that this 'is the only
time we could squeeze them in on their 'very active schedule. Brian Stype and David
Grubman, and I would like to ask our Recreation Director Sue Fossett to say a few
words.
RECREATION DIRECTOR SUSAN FOSSETT: Brian and David, would you like to
come up here with your parents for a moment, and also Barbara. These are the
two gentlemen who are our winners of our tournament. For some of you who may
not be aware, we have been running tennis 'instruction for youth for over a year
now, and we've had a very successful program. We've always filled up all our
classes, but we weren't meeting all the needs of the youth. One of the things
that we found was some of them were too good for lessons, so we ran our first
annual Youth Tennis Tournament this year, and we ran a double elimination for
ages 9 through 14, and we have the two winners with us here tonight, as well
as the tennis instructor we've been using-for the three semesters. And also she
has supervised the tennis program--the tennis 'tournament itself. I'm going to ask
Supervisor Murphy to award the winners their plaques, but before they do 1'd like
to introduce Brian Stype, who's .right here. Brian is"nine years old, and Brian
did a fantastic job. Remember the tournament ages are nine through fourteen.
Briaun's .scores were 6-0 in his first match; 6-1 in his. second; 6-0; then he met
David. His next match was 1-6, and his 'final match 2-6. Brian is the second
place winner and I congratulate you very much. David is 'our first place winner.
David is ' 13 years old, and David was lucky enough to .receive a by for his 'first
match. His 'second match he won 6-1; his 'third match 6-1, and his 'final match .
6-2. Both excellent winners, and as you can see, quite a wide spectrum as far
as the ages. are concerned. Of course you realize now that you've won this that
you also have to return next year. for our Second Annual Tennis 'T-ournament and
you must defend your titles. Supervisor Murphy will present you with the plaques.
SUPERVISOR MURPHY : Okay, Brian, my honor to present you with this 'plaque
for being so great, and you're going to be quite a .competitor here. Keep up the
good work and we appreciate it.� . Thank you. And David; you certainly earn this
award from all that Sue has said; and we're very proud for you. Congratulations.
BRIAN STYPE, DAVID GRUBMAN: . Thank you.
SUPERVISOR MURPHY: Thank you, boys. Go home and watch the World Series.
While we're on presentations and before we move on to our: first item on the agenda,
would just like to acknowledge the receipt of a plaque to the Southold Town Board
from the RSVP Program in' appreciation for our support, in' particular this year where
_ . they were locked out or forced out of their regular offices in the Senior/Youth Center.
Showing their;appreciation to the Town Board for making arrangements for having
place for them to work out of and to thank Danny Winters and the Police Departmen
for their cooperation in' housing them over this past year. It's a program that is '
fantastic 'in the Town, and they really do so much, and we appreciate what they're
doing, and they presented this plaque to the Town Board. "Retired Senior Volunteer
Program in Appreciation of their'Invaluable Support - Town of Southold - 1986".
And I just wanted the Town Board and everybody to know that we got this plaque
from these people and that we appreciate more their efforts then our effort toward
them.
1. REPORTS.
SUPERVISOR MURPHY: Moving on to the regular agenda, Item Number I, Reports.
These reports, for your information,are on file in' the Town Clerk's Office for any-
one to review at any time.
1. Southold Town Dog Pound - monthly report, September 1986.
2. Supervisor's monthly report, September 1986.
OCTOBER 21, 1986 2 0, 5
3. Town Justice Tedeschi, monthly report, September 1986.
4. Police Department's .monthl:y. report, September 1986.
5. Recreation Department's monthly report, September 1986.
6. Councilmen's reports: I would like now to ask the Councilmen if 'they
have anything special to report, s.tarting.on my right with George Penny.
COUNCILMAN PENNY : Yes, on the 9th I attended a session of Police Negotiations.
On the 15th a Commerce and Industry Committee meetirig, which the Chairman will
be reporting on. On the 16th a Labor-Management Committee meeting with repre-
sentatives from our CSEA Unit, and we discussed several personnel issues in' the
Town. On the 17th and the 20th Budget Review sessions with the Town, and that's
all today. Thank you.
SUPERVISOR MURPHY: Thank you, George. Jay?
-COUNCILMAN SCHONDEBARE: Sounds like ditto. What George attended is 'what
attended. So, same reports.
SUPERVISOR MURPHY: I guess you want to go watch the World Series too. Paul?
COUNCILMAN STOUTENBURGH : Yes, Saturday 1 had the privilege of going with
the Long Island Study Group out of Mattituck. They had a special boat down there
where they took interested people out to show them what they were doing in' Long
Island Sound, and what they hoped to accomplish. Basically what they're doing is
sampling the bottoms. They're taking water temperatures, salinity-, currents, and
they put a net over the stern of the boat to show us the kind of fish that were -
right outside Mattituck Inlet. It was amazing to me, particularly--and I'm somewhat
involved in'the outside world--to see the variety of fish that were pulled up in about
a five minute drag behind that boat, and: the nice part about it::that I thought was so
important, was that there was a lot of very small fish, thisyear's fish, showing the
importance of this `area as a nutrient area, and this is 'what this Long Island Study
Group is trying to get a handle on, what, is 'in' the Sound, so that possibly in the
future they will be able to make recommendations that will' preserve and keep our
Sound in its condition that it is. It's deteriorating to the west, but out here it's
still very good. I also attended a CAC meeting in' which they had a Soil Erosion
Specialist there speaking about how to keep the soils from moving on thebanks of
the Sound, and it was quite interesting to see that they were, actually using a spray
material--Frank,you probably know more.about it than 1--it's sort of a .material they
can spray the seed, the fertiliie'r, and then some sort of a mulch on the side of the
banks and in no time at all it.'was just green, just over the summertime it was green.
So it shows what.wonderful things can be done if 'we have the right people and we
get them in to give us some advice. I also attended the lesser interesting ones the Budget meetings, but much as important as any I guess, and_ Jean, I guess
that's about it. You're next.
COUNCILWOMAN COCHRAN : Thank you, Paul. As Frank stated the monthly reports
of the departments are on file' in the Town Clerk's Office, but I would like to share
with you, from the Recreation monthly report, that our Fall Programs this year there
are 1,317 participants to date, and. that's .approximately the same number as our
entire first year of operation. So as you can see, the community is beginning more
and more to become involved in' the service of recreation that the Town provides.
In addition to attending Budget review work sessions, on October 8th, along with
Sue Fossett, our Recreation Director, we interviewed a woman by the name of Claire
Stephens who has expressed a desire to run the Friday Night Teen Programs for us
up at the Center as a volunteer, and the interview went very, very well, and she
appears to be more than qualified. Also we interviewed a person that was interested
in the position of Custodian for the .Center, and as a result of the interview and the
Town Board work session, the Town Clerk will' be advertising this position with the
Town, placing it out to bid' in' relation to contractual services, and it 'certainly will
be gratifying to bring this 'to a conclusion, since with all circumstances of the Center
being repaired and so forth, that it's .been hanging for just about a year. 1 was
fortunate to spend last week in Disneyland with two of my grandchildren. I'd like
to report- that Mickey, Minnie 'and Whinnie The Poo are alive and well, but while
was there I did take the time to re-read the Beck Study, and re-read the Duncan
Legal Report in order to be able to formulate some questions which were presented
to the Town Board today in' the work session, to allow the Town Board to disburse
information in relation to this proposition to the public. I feel very strongly that
as a result of the action- by the Town Board which places the proposition on the
ballot that we also have the responsibility of educating the public. Thank you,
Frank.
SUPERVISOR MURPHY: Thank you, Jean. Ray?
JUSTICE EDWARDS: At this time the only thing I'd .like to mention, Frank, is
last Thursday the Motor Vehicle Department came in' to Fishers Island on their
semi-annual visit and they did, oh, I guess there were probably close to 20
picture licenses. It's .one of the only---I guess it's .the only place in New York
where the Motor Vehicle comes to the people, and it's a pleasure to have them
over there. I had them for clam chowder at .lunchtime and then they went back
2 O 6 OCTOBER 21, 1986
and did some more Motor Vehicle testing--road testing and picture work. So it
- was a pleasure to have them over: for that Thursday. Okay, Frank.
SUPERVISOR MURPHY: Thanks, Ray. It is '-just shows the cooperation of the
various departments, and it really came about from our, trips--our Town Board
meeting over there where the Motor Vehicle Bureau really realized the real problems
these people would have to ever go to Riverhead, and as Ray says, it's probably
the only, place in the State 'where the Motor Vehicle goes to them, and we're glad
and thankful for the cooperation of the State. Brings me just to one point that
want to bring up now, and we hear so 'often how the!'State agencies are not
concerned, or by the time they react it's .too late. The New. York State Interagency
Committee on Aquatic'Resources„ which is made up of Gail Schaffer, Secretary of
State, Hank Williams, DEC Commissioner, Ronald Moss, ,Commissioner of Commerce,
John Cerrace, Commissioner of Agriculture, Vincent Testi, President of the Urban
Development Corporation, and Bruce Wilkins, Acting Director of the New York Stat'i
Sea Grant Institute, have gotten together and they're having a conference at the
Holiday Inn in__Hauppauge on Thursday and Friday. The first day, Thursday, is
for all of the professionals concern the Brown Tide that hit not only our area, the'.
Bay, so severely, but many areas in' Connecticut, New ;Jersey, Massachusetts, and
a real good conference, it seems like, _to identify and see really what caused it 'and
what it.dooks like for the future. Public'offici'als. have been invited for the next day
on Fidd:ay. We have--l'.ve asked our representative from the Trustees, who's been
working very hard--Jay Bredemeyer--works for the Board of Health. They will be
there also to attend this, as well as anyone else who would like to attend, just to
find out what's .going on. But it 'is very rewarding to see that the State is not
sitting back and ignoring this 'tremendous problem which has had a tremendous
affect on .the economy of the East .End. 'That and the Striped Bass ban, I guess
almost. devastated people who make their living in the water.
Il . PUBLIC NOTICES.
SUPERVISOR MURPHY: Moving on to Item II , Public 'N;otices. There are five of
them. Again; these are posted on the Town Clerk's .Bulletin Board.
1. Highway Department Clean-Up Week, November, 17th to the 21st.
2. New, York State Department of Environmental Conservation, Notice of Complete
Application by. North Fork Welding for permission to construct 4500 squre foot storage
building, asphalt customer parking lot and bluestone drive and employee parking lot_
variance from 75 ft'. setback requirements to place building 45 ft. from wetlands,
southeasterly side of Main` Road, just east of Albertson Lane intersection, Greenpor
Comments no later than October 24, 1986.' .
3.- New York State Department of Environmental Conservation, Notice of Complete
Application by Robert and Charlotte Wissman to construct one family dwelling and
associated sanitary system approximately 45 ft. and 130i, ft. respectively from tidal
wetlands, a 30 ft. variance requested to the 75 ft. minimum setback requirements for
the home, and dredge 30 ft. by 4 ft. area to 2 ft. below mean low water, at north
side of Gull -Pond Lane, 637 ft. south of Main' North Road, Greenport. Comments no
later than October 31, 1986.
4. U.S. .Army Corps of Engineers, notice of.application of New York State
Department of Transportation to install riprap and fill' to rehabilitate a revetment
wall at Route 25, on Gardiners Bay, East Marion. Comments no later than November
10, 1986.
5. New York State Department of Environmental Conservation, Notice of Complete
Application by FisFe-r-s-Ts-Fand Wastewater Facilities ante: or a new permit 'for an exist-
ing discharge of untreated sanitary wastewater from 7 outfalls discharging to ground-
water for a daily maximum flow of 0. 020 MGD from the facility located at Fort Wright,
Fishers Island, where the municipality operates a public wastewater treatment facility
called the Fishers Island Wastewater Facilities Plant. Comments no--later than Nov-
ember 7, 1986.
Ill. COMMUNICATIONS.
SUPERVISOR MURPHY: There are no Communications.
IV. PUBLIC HEARINGS.
SUPERVISOR MURPHY: There's a public hearing at 8:60 o'clock on a Local Law,
so we'Il move on to Item V.
V. RESOLUTIONS.
SUPERVISOR MURPHY : Item V is resolutions, and I would like to ask Jay to
present the first resolution.
1. Moved by Councilman Schondebare, seconded by Supervisor Murphy,,
WHEREAS, the Town Board, pursuant to Section 100-150A of the Southold Town Code,
on its own motion, proposes to change the zoning classification from "A" Light
Multiple Residence District to "A" Residential and Agricultural District on the real
property located at the southeasterly corner of County Route 48 and Moores Lane,
OCTOBER 21, 1986 2 0 7
Greenport, comprising 49 acres, more,,or..less- of land; and shown on the Suffolk
County Tax Map as District 1000, Section 040, Block 5, Lot 1; said premises being
more particularly bounded and described as follows, to wit: .
BEGINNING at the point of intersection of the easterly line of Moores Lane :with
the southerly line of Middle Road (County-.Route 48) , said point being the north-
westerly corner of the premis-es herein described; running thence along said' southerly
line of Middle Road three courses: (1) North 66 degrees, 09 minutes, 10 seconds
East 96.61 feet;: thence (2). North '69 degrees, 02 minutes, 10 .seconds East 985. 10 feet;
thence (3) North 71 degrees. 28 minutes 20 seconds East 312. 64 feet to the westerly
line of a subdivision known as "Fleetfield"; thence along said westerly line of "Fleet-
field", South 16 degrees, 01 minutes, 50 seconds East 1450. 11 feet to land of the
Village of .Greenport; thence along said land of Village of Greenport, two courses :
(1) South 58 degrees, 15 minutes, 00 seconds West 714. 04 feet; thence (2) South
74 degrees, 45 minutes, 00 seconds West 670. 00 feet to said' easterly line of Moores
Lane; ,thence along said easterly line of Moores Lane, North 17 degrees, 15 minutes,
00 seconds West 1523. 22 feet to the point of BEGINNING. Containing 48.7186 acres.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. . That pursuant to the provisions of Section 1 U0-150B of the Southold Town
Code the Town Clerk be and she hereby is directed to transmit 'a certified copy of
this resolution to the Southold Town Planning Board, together with instructions to
said board to prepare an official report together with its recommendations, all
pursuant to said' Code.
2. That the Town Clerk is 'hereby directed to transmit 'a certified copy of
this resolution to the Suffolk County Planning Commission, together with such maps,
documents and information as it -may require, and request said' Commission to make
written recommendations with respect thereto pursuant to the provisions of the
Suffolk County Charter.
SUPERVISOR MURPHY : . Before we vote on 'it; I'm. sorry I didn't give the public'
the opportunity. We have a policy where. if 'anyone in' the audience would like to
address the Town Board on any proposed resolution that's on the agenda, this `is
the time to do it.' ' There will' be .a time 'set aside after the resolutions are done
for anyone to address the Town Board on any other item. . So, on any resolutions
that are proposed tonight, is 'there anyone would like to .address the Town Board?
John?
JOHN COSTELLO: My name is 'John Costello, and 11m. sure that most people, and
I'm sure that the majority of the Board is concerned about the housing in' Southold,
as I am. It's .very difficult to get somebody to invest in Southold Town. Invest
in' the community's .welfare. Do something that the Town needs, with a constant
threat hanging over their'head, to invest ten dollars and know there's a possibility
of a threat being put against it,' and I've talked with people and I've had investors
and they're becoming more relucant to put ten dollars into Town. I'm concerned and
care. I'm.sure all you care. Most people care about the businesses in: Town, the
kids that live here, and the future-of the Town, and I think it's .tough and I hope
can be worked out. Thank you..'
SUPERVISOR MURPHY: Thank you, John. Anyone else like to. address the Town
Board on any proposed resolution? (No response. ) Okay, if not, any Town Board
members have any comments on the resolution? (No response.)
1.-Vote of the Town Board : Ayes : Councilman Schondebare, Councilman Stoutenburgh,
Supervisor Murphy. Noes: Councilman Penny, Councilwoman Cochran, Justice Edward_
This 'resolution was declared LOST..
SUPERVISOR MURPHY: Number 2 is 'to set a public'hearing.
2. Moved by Councilman Schondebare, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 8:00 P.M. ,
November 18, -1986, Southold Town Hall, Main' Road, Southold, New York, as time
and place for a public hearing on the Final Environmental Impact Statement with
respect to the petition of Southport Development Corp. for a change of zone from
"C" Light Industrial District to "M-1" General Multiple Residence District, Petition
No. 269, on property located south of Main' (State Route 25) Road, on the westerly
side of Sage Boulevard, Greenport, New York, consisting of 12. 461 acres.
SUPERVISOR MURPHY : Any questions? (No response.)
2.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 3 is the appointment of CAST Board members.
208 OCTOBER 21, 1986
3. Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of- the Town of Southold hereby appoints Francis
J. Murphy, Supervisor of the Town of Southold, Reverend James Miller, Sacred
Heart Church, Cutchogue, Roger Bancroft, and Mary Ann Fleishman as the public'
representatives on the C.A.S.T. (Community Action of Southold Town) Board of
Directors, effective immediately.
3.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman. Stoutenburgh, Justice Edwards, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 4 is to accept, with regrets, the resignation of
a very fine employee in the Town.
4. Moved by Councilwoman Cochran, seconded by Justice Edwards, it 'was
RESOLVED that the Town Board of the Town of Southold hereby accepts, with
regret, the resignation of Mary .E. Bourcet, Principal Account Clerk in the Account-
ing Department, Town of Southold, effective October 24, 1986, and extends best
wishes for success in her new position as Treasurer for the Village of Greenport.
4.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
i
SUPERVISOR MURPHY: . Number 5 'is 'to set another public hearing on a proposed
Local Law.
5. Moved by Councilman Penny, seconded by Councilman Stoutenburgh, .
WHEREAS, there ahs been presented to. the Town Board of the Town of Southold
a proposed Local Law entitled, "A Local Law in: relation, to parking restrictions",
now, therefore., be it
RESOLVED that the Town. Board hereby setsi 8:10 P.M. , Tuesday, November 6,'
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 parking restrictions
BE .IT .ENACTED by the Town Board of-the Town of Southold as follows:
Chapter. 92 (Vehicle and Traffic) of the Code of the Town of Southold is amended
as follows
1. Sectiori� 92-41 (Parking prohibited at all times) of Article IV is .amended by
adding thereto the following:
Name of Street Side Location
Youngs Avenue West At Southold from 'the northerly curbline
of(Route 25 northerly for a distance of
18& feet.
11. This Local Law shall become effective upon its filing with the Secretary of
State.
5.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 6 is to authorize Rec Department expenditures.
6. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
expenditure of $360.00 from Adult Recreation A7620. 4 by the Recreation Depart-'
ment for advance payment to cover the expenses associated with the November 1,
1986 "Horray for Hollywood" performance by the Golden' Songsters.
6.-Vote of the Town Board: Ayes : Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 7 is 'to extend the terms of a committee.
7. Moved by Councilman Schondebare, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby extends the terms
i,
of office of the members of the Economic Advisory Committee, which were to expire
on November 1, .1986, until December 21, 1986, to provide additional time for the
preparation of their final report, due to the fact that said' Committee first met on
November 21, 1985.
7.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 8 is 'to authorize the execution of a joint application.
8. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis 'J. Murphy to execute a joint grant application between
OCTOBER 21, 1986 209
the Towns of Southold, Southampton and Riverhead, to the New York State Depart-
ment of State, Division of Coastal Resources and Waterfront Revitalization for the
study and solutions to road run-off in the Peconic Bay Systems, in' the amount of
$100,000..00.
COUNCILMAN STOUTENBURGH : Can I say something here, Frank?
SUPERVISOR MURPHY: Sure. Paul?
COUNCILMAN STOUTENBURGH : I would like to just say that this 'is 'a problem
that's plaguing 'our. Town for many, many years. As a matter of fact we are one
of the only towns that* have actually done anything about it; and just this summer
we had the Conservation Advisory. Council look into this and a young lady who
ran whole study on the run-off problems in our Towri,.. She hasn't quite ..finished
it; but: it 'should. be finished this Fall. But itshows'we were in' the right direction,
and now with the hopes of getting this grant money, maybe we can fulfill this 'in'
a true way. I think. it's .an excellent idea because of the, road run-off being
'probably- the worst polluter of all. We think of pollution usually as -boats- and
this kind of thing, and cesspools and what have you, but when it comes right
down to it 'the greatest polluter of all is road run-off and that's .basically what
this is 'set yopfor.
SUPERVISOR MURPHY: I might just add, Paul, also that hopefully we'll be able
to do this Fall that Skunk Lane Road Run-Off Project, the planting, which is
going a long ways towards identifying .the actual beneficial effects of planting of
these grasses, and controlling the run-off going. into the creeks. That creek,
in particular, is 'about to be closed and many more creeks in the Town will be
closed unless this 'problem is 'identified. It's been a long time coming and hope-
fully we can get it `done in' this season. Judy.
8.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards,. Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 9 is 'to authorize the application for.another
grant.
9. Moved by Councilwoman Cochran, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor:-Francis 'J. Murphy to execute a grant application to the New
York State Department .of State, Division of Coastal Resources and Waterfront
Revitalization, for the study and solutions to the erosion hazards at Kenny's
Beach on Long Island Sound, in the amount of $50,000. 00.
9.-Vote of the Town Board: Ayes : Councilman Penny, Councilwoman -Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards; Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number ;10. i§)'to authorize the expenditure of funds.
10. Moved by Councilwoman Cochran, seconded by Supervisor Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
expenditure. of funds for the publication of not over a one-half page informational
advertisement in'The Long Island Traveler-Watchman and The Suffolk Times on
October 30,. 1986, relative to Southold Town Proposition No. 1 - public power, which
proposition will be on the ballot at the General Election to be held on November 4,
.1986.
10.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution ,was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 11 is Ao accept a bid'
11. Moved by Justice Edwards, seconded by Councilwoman Cochran, it 'was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid.'
of Equipment Sales. E Service Co. , Inc. for the purchase from the Town of the
F. R. Morbark Super Beever Total Chiparvestor in the amount of $35, 975. 00.
11.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy. No: Justice Edwards.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY : Number 12 is to renew a trailer permit.'
12. Moved by Councilman Schondebare, seconded by Councilman Penny, it was
RESOLVED that the application of the First Baptist Church of Cutchoque for renewal
of their'single family house trailer permit, which permit expired on October 14, 1986,
for trailer located on the north side of County Road 48, .Cutchogue, New York, be
and hereby is granted for ,a six' (6) month period.
12.-Vote of the Town Board: Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
1 O OCTOBER 21, 1986
SUPERVISOR MURPHY: Number 13 is to authorize the' Town Clerk to seek proposals
for the Town Insurance Program. 1 offer that resolution.
13. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to seek proposals for the Town Insurance Program for
fiscal year 1987 and/or alternate aggregate ro osalsfor years 1987, 1988, 1989.
13.-Vote of the Town Board: Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 14 is transfer of funds in' the Whole Town Budgei
in the amount of $54, 100. 00.
14. Moved by Justice Edwards, seconded by Supervisor Murphy, it 'was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following transfers within the General Fund Whole Town 1986 Budget:
From: A1330. 4 Tax Receiver, Contractual $ 5,000. 00
A1440.4 Engineer, Contractual 3,-000. 00
A1990. Contingent 5,972.56
A7550..4 Celebrations, Contractual 500..00 .
A8510..4 STOP, Contractual 1-1 200. 00
A8540. 4 Drainage, Contractual 18,000. 00
A8830. 4 Shellfish, Contractual 10, 000. 00
A7180..4 Beaches, Equipment 11000. 00
A9060 Hospitalization 9, 427. 44
$54, 100. 00
Into: A101-0. 4 Councilmen, Contractual $17, 000. 00
A1910..4 Insurance, Contractual 31,000. 00
A7180..4 Beaches, Contractual 3,000. 00
A8090.4 Environmental Control, Contractual 3, 100. 00
$54, 100. 00
14.-Vote of the Town Board: Ayes : Councilman Penny, Councilwoman Cochran, Council
man Schondebare., Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number.:15 'is 'to authorize transfers in' the General Fund
Part Town .1986 Budget.
15. Moved by Councilman Schondebare, seconded by Councilman Stoutenburgh, it 'was
RESOLVED that the Town Board .of the Town of Southold hereby authorizes the
following transfers within' the General Fund Part Town 1986. Budget:
From: B3120. 4 Police, Contractual $11,000. 00
B3157. 4 JAB, Contractual 3,000. 00
B9040 Workmen's .Compensation 7,000. 00
B9050 CSEA Dental 11 500. 00
B9060 Hospitalization 10,000. 00 .
B3157.2 JAB, Equipment. 900. 00
$35, 400. 00
Into: B 1910. 4 Insurance, Contractual $24,400. 00
B3120.2 Police, Equipment 11,000. 00
$35, 400. 00
SUPERVISOR MURPHY: I might just comment, you will,' find, anyone who does
attend the Town Board meetings, in' the last two months or so of the year, you're
going to find a lot of transfers. These are just bookkeeping transfers to take
money out of items that are not going to be spent 'in' their whole amount and put
them into items that might have been overspend. In particular Insurance this
year we're shy in the budget $50,000. or $60,000.
15.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman .Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Okay, at this Itimb I'd like a resolution to recess for the
time it 'takes to hold our public hearing.
Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was
RESOLVED that a recess be called at this time, 8:00 P.M. , for the purpose of
holding a public 'hearing on a proposed "Local Law in relation to affordable housing. "
Vote of the Town Board. Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
Meeting reconvened at 8: 10 P.M.
SUPERVISOR MURPHY : We will reopen our regular Town Board meeting at Resolution
No. 16 to accept a proposal.
OCTOBER 21, 1986 211
16. Moved by Councilman Schondebare, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal
of Sidney B. Bowne 8 Son, Smithtown, New York, for the construction phase of. the
Skunk Lane Drainage Improvements, at a .fee of $16,500. 00; which construction phase
includes : (1) construction stakeout; (2) management during construction; (3) securing
botanical materials; (4) "as-bilt" final drawings; (5) meetings; (6) coordination of
periodic sampling of water quality by New York State Department of Environmental
Conservation; (7) final report.
16.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This 'resolution was declared 'duly ADOPTED.
SUPERVISOR MURPHY: Number 17 is 'to authorize two appraisals.
17. Moved by Justice Edwards, seconded by Councilwoman Cochran, it 'was
RESOLVED that the Town Board of the Town of Southold hereby engages the services
of Andrew D. Stype to conduct appraisals with respect to proposed subdiuisio►is known
as "Crowley Estates" at North Bayview Road .and Jacobs Lane, Southold, and "Deborah
Edson" at Depot Lane, Cutchogue, so the Town Board may make a determination with
respect to the amount of money to .be deposited with the Town in' lieu of land for park
and playground.
17.-Vote of the Town Board: Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY : Number 18 is the decision on the Saul and Janet Millman
Unsafe Building public hearing that was held today.
18. Moved by Councilwoman Cochran, seconded by Justice Edwards,
WHEREAS, the Building Inspector of the Town of Southold has made a formal
inspection of the premises owned by S aul...Millman and Janet Millman, premises
described in a deed dated August 21, .1984 from Adolph H. Westerlund and
Theresa A. Westerlund, recorded in the Suffolk County Clerk's Office on Aug-
ust 29, 1984 in' Liber 9630, page 599, also referred to as: Suffolk County. Tax
Map Designation: District 1000, Section 054. 00, Block 07.00, Lot 023. 007,- and
thereafter prepared a written report thereon and filed the same in his office, and
WHEREAS, .it was determined by the Building Inspector that the building or structure
on said premises is dangerous or unsafe to the public; and
WHEREAS, the Building Inspector promptly thereafter served. a notice on :the owner,
their'agent, or other persons having an interest in said' property, pursuant to the
provisions of Chapter 90 of the Southold Town Code, and
WHEREAS, said' notice required that the owner.of said premises either make the
biiillding on the' premises: safe and secure, or remove same, and secure the perimeter
. of the property to prevent unauthorized persons from entering the property, said
work to commence within ten (10) days from the date of. service of the notice and
shall be completed within'. thirty (30). days thereafter, and
WHEREAS, the owners of said premises. has neglected or refused to comply with the
provisions of said notice within the time specified therein; and
WHEREAS, a �public'hearing on said' matter was held by this 'Board on the 21st day
of October, :1986,
NOW, THEREFORE, :IT IS HEREBY DETERMINED. AND ORDERED AS FOLLOWS :
1. That based upon the written report prepared by the Building Inspector
and filed in his 'office and upon the evidence given' by said Building Inspector at
the hearing held on October 21, .19861 this 'Board does hereby determine that the
building or structure located on said' premises is 'unsafe or dangerous to the public:
2. . That this Board does hereby determine and order that the owners of the
building or structure on said premises shall erect a six (6) . foot high chain' link
fence around the immediate area of the building, acceptable and approved by the
Building Inspector, within' fifteen (15)' days from this date, and the owners of the
building or structure on said' premises shall make safe, to the approval of the Build-
ing Inspector,,.or remove the building or structure on said premises on or before the
21st day of November, :1986..
3. In the event that the owners shall neglect or refuse to fence and secure
or take down and remove said: structure from said' premises within the time specified
in the preceeding paragraph, then and in that event the Supervisor be and. he here-
by is authorized and directed to procure estimates for the removal of the building or
structure on said' premises and submit 'the same to this Board for its consideration
as soon thereafter as possible.
4. That thereafter this Board shall, based upon such estimate, provide for
the letting of a contract for the taking down and removal of the building or structure
on said premises.
5. That the cost and expenses of the taking down and .removal of the building
or structure on said' premises shall be collected by the Town of Southold in the manner
provided for in Section 90-9 of the Code of the Town of Southold.
6. It is further ordered that a certified copy of this resolution be sent by the
Town Clerk to the owner of said premises by registered mail, return receipt requested,
212 OCTOBER 21, 1986
within three days of the date hereof.
18.-Vote of the Town Board: Ayes : Councilman Penny, Councilwoman Cochran, Council
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY : Number 19 is 'appointments to 'the Shoreline Erosion
Committee.
19. Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints the
following individuals to the Kenny's Beach Shoreline Erosion Control Committee
to fill the four (4) remaining vacancies, said' appointments are effective immediately
through September 30, -1988; they to 'serve without compensation: Charles L.
McCormick, Donald G. Witschieben, John M. Appelt, .Irving C. Latham.
19.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare; Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 20 is 'appointments to the Handicapped Committee.
20. Moved by Justice Edwards, seconded by Councilwoman Cochran, it 'was
RESOLVED that the Town Board of the Town of Southold .hereby appoints the
following individuals to the Self Evaluation (Handicapped) Committee, effective
November 8,. 11986, through November 8,. 1987; they to ,serve without compensation:
Anna M.. Audioun, James Corcoran, Jeanne Marriner, Helen M. Proud, Jo Ann Talbott,
Sal Vindigni, Parnell Wickham-Searle, Ph.D.
.20.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 21 .is to accept a donation of a parcel of land.
21.;. 0oved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
generous donation by Henry P. Wickham of his 'vacant parcel of land located on
the south side of Route 48 (opposite the entrance to the Landfill) , Cutcho ue,
and designated on the Suffolk County Real Property Tax Map as: District 1000,
Section 96, Block 2, Lot 8.
21.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number, 22 is 'to authorize' the attendance at a training
session.
22. Moved by Councilwoman Cochran; seconded by Councilman. Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Justice.
Raymond. W. Edwards to attend Justice Training at Hauppauge, New York, on Saturday,
October 25, 1986, and the actual cost for mileage, meals and lodging shall be a legal
charge against the Town of Southold.
22.-Vote of the Town Board : Ayes : Councilman Penny, .Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 23 is 'to advertise for bids for Custodial Services.
23. Moved by Councilwoman Cochran, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for Custodial Services for the Senior/
Youth Center for the period beginning December 1, 1986 and ending November 30,
1987.
23.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY; Number 24 is a Negative Declaration on our proposed new
Master Plan.
24. Moved by Councilman Stoutenburgh, seconded by Supervisor Murphy,
NEGATIVE DECLARATION
NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT
DESCRIPTION OF ACTION
Proposed "Local Law to amend the Southold Town Zoning Code and the Zoning
Map incorporated therein, to implement, in whole or in part, the recommendations
of the Master Plan Update prepared by the Planning Board."
WHEREAS, the Town of Southold Planning Board has been in the process of updating
its Master Plan since 1982; and
WHEREAS, the. Planning Board of the Town of Southold, after due-consideration and
deliberation, adopted the updated Master Plan pursuant to Section 272(e) of the..Town
OCTOBER 21, 1986 213
Law of the State of New York; and
WHEREAS, the Planning Board has submitted its recommended zoning ordinance and
zoning map to implement the Master Pian to the 'Southold Town Board for consideration
and adoption; and
WHEREAS, the Town Board has sponsored five (5) public informational meetings
during :1986 on the zoning ordinance and zoning map; and
WHEREAS, the Town Board previously co-sponsored four (4) public 'informational
meetings with various community organizations during 1984 on the zoning ordinance
and zoning maps; and
WHEREAS, following said' informational meetings, the Town Board has modified the
proposed ordinance and map in' response .to the public 'partici'patiori and comment
period; and
WHEREAS, the Southold Town Board had declared itself lead agency pursuant to
the State Environmental Quality Review; and
WHEREAS, the Town Board has prepared and secured an environmental assessment
of the proposed zoning ordinance and map; and
WHEREAS, the public comment period on the environmental assessment has expired;
now, therefore, be it
RESOLVED that upon due and careful deliberation of the comments received during
the public comment period, and of the environmental assessment form, the Town
Board of the Town of Southold hereby makes its determination that the proposed
action will not have a significant effect on the environment and hereby issues its
notice of determination of non-significance.
24.-Vote of the Town Board : Ayes : Councilman Schondebare, Councilman Stoutenburgh,
Justice Edwards, Supervisor Murphy. Noes: Councilman Penny, Councilwoman Cochran.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 25 is 'to authorize the supplying of information
from our master planner RPPW.
25. Moved by Justice Edwards, seconded by Councilwoman Cochran, it 'was
RESOLVED that the Town Board :of the,,.Town iof Southold hereby authorizes and
directs the planning firm of Raymond, Parish, Pine and Weiner to provide the
following information to the Suffolk County Plannin Commission with respect to
the proposed new zoning ordinance and map: (1) Depict proposed zoning changes
on composite existing zoning map(s) of the Town, or submit composite existing
zoning map(s) of the Town, each preferably.at the same scale as the proposed
zoning map; (2) Tabular summaries indicating acreages in' the existing and proposed
zoning districts,' including any supplementary explanatory information relating thereto.
25.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 26 is to authorize the sending of a letter to
Mr. William Daley, New York State DEC.
26. Moved by Councilman Penny, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Councilman George L. Penny IV to transmit 'a letter to William Daley, New
York State Department of Environmental Conservation requesting that the DEC
recognize man-made protective structures along the shoreline as protective features
and move the erosion control hazard line seaward of these structures.
COUNCILMAN PENNY : The letter reads, "Dear Mr. Daley: It is 'our understanding
that you are waiting for input from the Southold Town Board with reference to the
Coastal Zone Management Hazard Line. Please be advised that the- Southold Town
Board. requests that you recognize man-made protective structures along the shore-
line as protective features and move the hazard line seaward of these structures."
COUNCILMAN STOUTENBURGH : I'd like to say, George, this isn't exactly what
you said' this afternoon. I think you should have in' there that the DEC make
good their commitment on the meeting that you had, whenever that date was, and
then state the rest. I want to make sure that they made that commitments.
COUNCILMAN PENNY: . There was a lot of commitments. It was understanding
that was the way they were going to treat it. It was not a commitment. If it
was a commitment we probably wouldn't have to be going through this. It was
our: understanding, and that's'the way I explained it 'today.
COUNCILMAN STOUTENBURGH : You told me it 'was a commitment this afternoon.
COUNCILMAN PENNY : I told you it was our understanding, Paul.
COUNCILWOMAN COCHRAN : 1 would have to agree. It wasn't a firm commitment.
COUNCILMAN PENNY : If we had a firm commitment we wouldn't have any problem.
They're waiting for direction from the Town Board.
COUNCILWOMAN COCHRAN : I agree. I think it should . read a little differently.
2 1 4 OCTOBER 21, 1986
COUNCILMAN STOUTENBURGH : You're saying here that this Town Board is 'making
a judgment on this -and acting upon this:
COUNCILMAN PENNY : It's a recommendation from the Town Board. That's all it
is: They don't have to take the recommendation if they don't want to. They've
been waiting for input from the Town since March and this is the first letter of
correspondence going to them from the Town Board.
COUNCILWOMAN COCHRAN : This 'relates to the meeting we had--in fairness, George,
with the meeting we had with them up at Mattituck and up at Kenny's, when they
did leave us to believe that they would give this great consideration.
COUNCILMAN PENNY : Right.
COUNCILWOMAN COCHRAN : In my mind I felt it was pretty firm.
COUNCILMAN PENNY: So did 1.
COUNCILWOMAN COCHRAN : Now, I agree with Paul in the sense that this 'letter
looks like we're now, for the first time, requesting this; where I feel the letter
should more or less reinforce what we were lead to believe.
COUNCILMAN STOUTENBURGH : I think that's the whole thing.
COUNCILMAN PENNY: . I had a phone call to Bill' Daley about a week and a half
ago. Bill Daley is 'still waiting before he takes any action on input from the Town
Board. He wants to act once and just review all of this once, and he's been waiting
for input and direction from the Town Board. The reason this letter is going is
that my understanding was, and was your's,. of how they were going to handle this;
and he got a little undecided i.n' how he was going to handle this 'and. is 'waiting for
direction from the Town Board. I'm only offering this 'as direction. I know of no
other way to carry on--communicate this 'particular message.
SUPERVISOR MURPHY : Maybe just what Paul said: —
COUNCILMAN PENNY; I wrote the letter, Frank.
SUPERVISOR MURPHY : Fine. Any other questions on it? (No response.) Let's .
vote on the letter then.
COUNCILMAN STOUTENBURGH : I won't stand in' the way of your letter, George,
and I won't .go along with it.' 1.11 .just abstain from voting.
COUNCILMAN SCHONDEBARE: Well, 11m.going to have to abstain, because I wasn't
there, for the conversation.
26.-Vote of the Town Board : Ayes : Councilman Penny.
COUNCILWOMAN COCHRAN : I would like to see a letter sent, but I just think that
it should be worded a little differently. I'll go along with it, yes, but I don't think
it serves the purpose of what our intent is:
COUNCILMAN PENNY: The other letter doesn't say anything. It just asks them
what they're doing. I know what they're doing. I've already talk to them on the
telephone.
Vote continued : Aye: Councilwoman Cochran. Abstain: Councilman Schondebare.
Abstain: Councilman Stoutenburgh. Aye: Justice Edwards. Abstain: Supervisor
Murphy.
This resolution was declared LOST.
SUPERVISOR MURPHY: Okay, that's the end of our prepared agenda---
COUNCILWOMAN COCHRAN: Excuse me, Frank. I still would like to see the letter
sent, but redrafted, and we're going to be meeting---George, we're going to be
meeting tomorrow afternoon at 3:00 o'clock on the budget. That certainly would
allow time to redraft the letter and perhaps we can review it 'at that time. I don't
think we should forego, sending the letter.
COUNCILMAN STOUTENBURGH : Right. Absolutely not.
SUPERVISOR MURPHY: I agree with you.
COUNCILWOMAN COCHRAN : Would you be agreeable to redrafting?
COUNCILMAN PENNY: I would be very happy, as long as the intent of the message
is similar to this, because this is what we're trying to get to them. This is what
they--I don't know how you're going to reword it.
P`/11 IA1/-I I IMfr%lA A %1 0-^?-V In A %I - 1 .._ • ,.. .. . . r. . . . .. .. � .
OCTOBER 21, 1986 215
SUPERVISOR MURPHY : Okay, at this time I would like to ask the Town Board
members if 'they have anything further to say? Starting on my left. Ray?
JUSTICE EDWARDS: Yes, Frank. Number one, was a sad day on Fishers Island
Thursday afternoon when we:had that serious airplane crash over there in' which.
list a couple of very close friends and Southold Town lost a very good friend
with John Rice, who did' a lot'of the flying back .and forth. I think most of these
people right here on the Town Board flew with John, and that accident was caused
by just a lack of good communication. How true it 'is 'in' this 'world today, a lot of
the problems we have is 'by the lack of communication. Number two, the Senior
Citizens of Peconi c-Southold went over to Fishers Island. Supervisor Murphy made
arrangements for them to get a reduced fair on the Long Island ferry out of Orient.
was over here at a Town Board meeting. I could not greet them on the Island,
but I had put the word out and there were a dozen or so cars down there that met
the people at the boat, took there to the American Legion. The Legion opened up
for coffee and. donuts, and gave.them tours of the Island, the museum was opened
up for them over there, and we've gotten quite a few comments back from the
Senior. Citizens on what a nice day. They had a beautiful day over there, and
then they got the last boat back. Lastly, the last time I was over here for a Town
Board meeting I got in touch with Eddie Latham out in Orient and asked him' if there
was any farmers in' the area, more or less him, that had any extra pumpkins over
here. Of course we don't have any pumpkins on Fishers Island. There's .no farms
over there. : There's .a few of them grown, but not for the amount of kids that we
have over there. So he allowed me to come in' there with my pick-up truck, and I
think I brought back about 40 pumpkins that he donated, along with some Hubbard
Squash, and some Acorn, and Butternut Squash, and also Junie Glover here in'
Cutchogue. donated about 30 head of cauliflower and calbroch(?), and I went back
to Fishers Island with a pick-up truck full. Saturday morning the Senior Class of
Fishers Island, all two boys in our Senior Class, had their!'annual Fall car wash,
bake( sale, and they had a veggie stand this year for the first time, and their '
total receipts for Saturday in'washing cars and the bake sale and selling the veggies
was close to $900, and so they'll..be writing letters to these farmers that contributed
to their effort, and 1 hope we can- make this 'an every year affair for them. The
Seniors this year I think are planning to go on a--it's .usually at Spring vacation,
and they're going down into the Carribean on a cruise.
COUNCILWOMAN COCHRAN : All two of them?
JUSTICE EDWARDS: All two of them, plus the class. advisor is 'John Wilde, the
shop teacher, and his wife, so they'll ;have chaperones and it 'should be a good trip.
SUPERVISOR MURPHY: Do they want another chaperonT.
JUSTICE EDWARDS: Okay, I'm:going. No---.
SUPERVISOR MURPHY : Jean?
COUNCILWOMAN. COCHRAN : Nothing, thank you, Frank.
SUPERVISOR MURPHY : Paul?
COUNCILMAN STOUTENBURGH : Nothing, except that perhaps maybe one of these
years we'll .have senior citizens over -on Robins Island. Let's hope.
TOWN CLERK TERRY: Living there or visiting?
COUNCILMAN STOUTENBURGH : Visiting.
TOWN CLERK TERRY: Okay. Just wantled. to clarify that.
SUPERVISOR. MURPHY: Jay?
COUNCILMAN SCHONDEBARE:. Since our meeting is 'still' going on, I'm going to
reoffer for consideration .R'esolutiori;',No. 26. —
26.-Moved by Councilman Schondebare, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs. Councilman George L. Penny IV to transmit a letter to Wiliam Daley, New
York State Department of Environmental Conservation requesting that the DEC
recognize man-made protective structures along the shoreline as protective features
and move the erosion control hazard line seaward of these structures.
COUNCILWOMAN COCHRAN : Now, will' we have a redrafted letter?
COUNCILMAN SCHONDEBARE : This 'is the letter that exists.
COUNCILWOMAN COCHRAN : That we can glance at tomorrow? Or are you going
to leave it this 'way?
21 C OCTOBER 21, 1986
COUNCILMAN PENNY : You're putting it 'up. What are you going to do?
COUNCILMAN .SCHOINDEBARE: Leave it 'this 'way.
COUNCILMAN PENNY : It's .the recommendation of the Councilman that we leave it
as is:
COUNCILWOMAN COCHRAN: Why leave it this 'way? You're the one saying "leave
it this way". Give us some rationale.
COUNCILMAN PENNY : Are you asking me?
COUNCILWOMAN COCHRAN : I'm asking Jay.
COUNCILMAN SCHONDEBARE: Well, it's .very simple. Is it :our recommendation
that man-made structures be considered as part of protective structures?
COUNCILWOMAN COCHRAN : -It is:
COUNCILMAN SCHONDEBARE: Then that's what you're saying. So I see no problem
with the letter.
COUNCILWOMAN COCHRAN: But they .let us believe that it was going to be their'
decision.
COUNCILMAN SCHONDEBARE: The only thing that this 'letter doesn't say is 'simply
that it is our understanding that we had agreed.
COUNCILMAN STOUTENBURGH : Put that in' there.
COUNCILMAN SCHONDEBARE: . That's the only thing it doesn't say.
COUNCILMAN STOUTENBURGH : Then put that in' there.
COUNCILWOMAN COCHRAN: That's, what we said this 'afternoon when we talked
about it; that we felt it should say, and we're wasting-. an awful lot of time on
something that's so incidental. It's .killing me.
JUSTICE EDWARDS: We're just asking them to recognize it.' What's wrong with
that?
COUNCILMAN PENNY: Change the letter. I don't care, as long -as the message
gets across.
COUNCILMAN SCHONDEBARE.: All .right. How about the second paragraph will
read as follows : "Dear Mr. Daley: It is our understanding that you are waiting
for input from the Southold. Town Board in' reference to the Coastal Zone Management
Hazard Line." Second paragraph: . "Please be advised that it 'is our understanding
that you recognize man-made protective. structures along the shoreline as protective
features and that you wili' move the hazard line seaward of these structures."
COUNCILWOMAN COCHRAN: I would put.. "At such and such a meeting it was our
understanding that. . .
COUNCILMAN SCHONDEBARE: Okay. "Please be advised that it 'is our understanding
pursuant to our meeting of blank, blank, blank. . . ."
COUNCILWOMAN. COCHRAN: Right. "It .was our understanding that. . .
COUNCILMAN SCHONDEBARE: Right. ". . .your office will recognize man-made
protective structures. . .
COUNCILWOMAN COCHRAN : - That will do it.
COUNCILMAN SCHONDEBARE: "... .along the shoreline as protective features, and
your office will move the hazard line seaward of these structures."
COUNCILMAN STOUTENBURGH : "And we would like you to comply with that."
COUNCILWOMAN COCHRAN : I don't think we have to go that far.
COUNCILMAN SCHONDEBARE : We don't have to do that. "Sincerely yours, . . .
George Latimore Penny IV. "
COUNCILWOMAN COCHRAN: It's a reminder of their'obligation.
JUSTICE EDWARDS: "RSVP".
COUNCILMAN SCHO'NDEBARE : So moved as amended.
OCTOBER 21, 1986 217
COUNCILWOMAN COCHRAN: Second:
26.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, _Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY : Jay, do you have anything further to say?
COUNCILMAN SCHONDEBARE: I'm afraid to. That's it.'. Thank you.
SUPERVISOR MURPHY: Want to tell us about* your accident?
COUNCILMAN SCHONDEBARE: Ah! !' No. Libel, slander, I'll be sued.
SUPERVISOR MURPHY: Okay. George?
COUNCILMAN PENNY: Yes, finally we're getting a message off to the DEC. We've
had requests from as late as last July and August, and probably-even June and
July and August, from people in the community to address this concern of theirs
to the DEC, and we've finally gotten a letter of to them and I'm.very happy:. to see
that this has happened, althought with some difficulty.
SUPERVISOR MURPHY: IIm. impressed. I .have nothing further. Is there anyone
in the audience would like to address the Town Board? Mr. Webb.
ROBERT WEBB: Yes, I would just. like to publicly thank, as representative of
SEACOM, Jean Cochran for her pursuit 'of getting this 'information out to the people.
Of following it through. . Taking it on vacation, which was above and beyond the
call of duty, and I' appreciate- her efforts in' gathering the information and the
questions and getting them out to the people. I know that it's very important
that the people of Southold Town be informed on this 'issue and I know that you
feel that way and SEACOM appreciatesyour efforts, and I'd .publicly like to thank
you.
COUNCILWOMAN COCHRAN : Thank you. It's .part of my responsibility.
SUPERVISOR MURPHY : Anyone else? Ed?
EDWARD SIEGMANN : Ed Siegmann, Mattituck. I've been asked by our group that
appeared before you 'today if 'you could let me know what time frame you think it
would be in• that we would get an answer on the zone change we've been requesting?
SUPERVISOR MURPHY : Well, Ed, as you realize, you're asking for a zone change
to a zone we don't have yet. We're just setting--made the negative dec tonight and
as soon as we get more input we are going to set a public hearing on adopting these
new zoning codes.
MR. SIEGMANN : Well, since that's the answer, I would ask you the following
question: that we don't want to get waylayed with thisbusiness of waiting for
the Master Plan to be passed. We want to get a decision from the Board as to
whether they're willing to change that zone or not. What do we have to do to
amend our request that we made to you, then, that we could get that type of an
answer and not have to wait for the Master Plan to be passed?
SUPERVISOR MURPHY: Request me to put a resolution on for the next meeting.
MR. SIEGMANN : Okay.
COUNCILMAN SCHONDEBARE : Well, now, weave got to extend the couresty, I think,
at the next .meeting .to have the owner come in. You told the owner that he could
come in, so we must give him the courtesy.
COUNCILMAN STOUTENBURGH : We already did that, yes.
COUNCILMAN SCHONDEBARE: Okay? So he'll be in' next Tuesday.
MR. SIEGMANN : Well, for your information, I've. submitt'ed a letter tonight asking
that when you invite the owner in; that we be invited in' also, because there might
be some things that are said by the owner at that point that we would like to
answer, and we're making the request that we don't get told the same thing that
the owner was told today, although we agree with what the owner was told, that
since he had not made a request, that this is 'why you would tell him that he would
have to come back at a later date, but we feel that by making a request to be here
when he's here, that we'll .get a head to this thing .a lot faster then if you listen
to us, then you listen to him', then you listen to us. again, you listen to him. if
we're here at the same time we can confront one another possibly with some of the
things that_ are said'
SUPERVISOR MURPHY: I assume you want to have your 15 'minutes after?
,218 OCTOBER 21, 1986
COUNCILWOMAN COCHRAN: And then do'we 'give him 15 minutes?
COUNCILMAN SCHONDEBARE: Right. You want a public'hearing. before the public
hearing.
COUNCILWOMAN COCHRAN: You want a public debate.
COUNCILMAN SCHONDEBARE: You want a public 'hearing before the public 'hearing.
MR. SIEGMANN : Well, I'm not used to the way you handle these things, but I am
concerned about the fact that this 'thing would drag out so long while we're waiting
for a decision, that Carr submits some of the things that he's been asked to submit.'
and that things will' roll ahead so far on this thing that we're going to get an ansv
from you somewhere along the line that says, "Hey, now waite a minute, this thing
has gone so far we can't reverse and go back now and say that we're going to ha
a zone change." What we're trying to do is 'some way frame.this 'thing that we get
an answer to the zone change before Carr goes ahead and does what he has to do in
order to get what he wants. Now you explain to me how we can go about doing
that and I'll follow whatever you .say. I felt the fastest way--or I shouldn't say 11111,
but the group that we represent felt the fastest way to do this 'is that if.'you have us
both there at the same time and we're able to answer one another that possibly that
would speed up the process. That's the only reason why we're interested in' it.
COU NC I LMAN' �CHONDEBARE: The process is �controlled by law, and the dates for
public 'hearing; the date for publication, the SEQR process. If you don't have any
concept of what it's .like for a zone change, I would suggest that you stop off at
the Town Hall and maybe we could help you .out on it.
MR. SIEGMANN: Well, l can do that.
COUNCILMAN SCHONDEBARE: It's .involved. It's .not something that occurs within
a week, two. weeks. There are actual timeframes that have to be allowed by law for
people to respond,. for dates to be set up. We do have a public hearing on a zone
change. You'll .have a public hearing on a SEQR.
MR. SIEGMANN : But can't that process be speeded up by the fact that we would be
both here at the same time?
COUNCILMAN SCHONDEBARE : No, sir: It doesn't work that way.
MR. SIEGMANN : Well, .let me ask you this question: would all of these things that
you talk about that have to be done, what are you telling me is 'the timeframe that
we would get into before we had a decision by the Board? This 'is what we're
concerned about. A month? Two months? Six months? A year?
COUNCILMAN,SCHONDEBARE: A while.
MR. SIEGMANN : Well, "a while" means an awful "lot. "A while" can be a day to
365 days.
COUNCILWOMAN COCHRAN: Bob, could you give some input to that?
TOWN ATTORNEY. TASKER : What you're asking for is .a change of zone of some
property. . There is 'a procedure set .forth in' the Code. You file a formal application.
You pay an application fee of $500. The first step is 'to refer this matter to the Town
Planning Board, and the County Planning Commission. After their reports then we
go through a SEQR process, and we may make--you have to make a determination.of
significance or non-significance. If you make a determination of significance, you may
have to prepare an Environmental Impact Statement. After all of the SEQR is finished,
then you hold a hearing on the application for a change of zone, and thereafter you
act on it: . Now all of this could take anywheres from two to six'or eight months.
MR. SIEGMANN: Well, then let me make the following suggestion, if 'I may. That
why don't you spell out for us, in writing, what procedure we have to follow, and
the reason I ask---
TOWN ATTORNEY TASKER : It's all spelled out in the Code, and we're not supposed
to help applicants. . The Board is 'supposed to be neutral. You petition, and most
of the petitioners have attorneys prepare their petitions for them. This 'is a petition
for a change of zone.
SUPERVISOR MURPHY : It's_.not their property: though,: Bob.. .
TOWN ATTORNEY TASKER : They don't have to be the owners of the property.
SUPERVISOR MURPHY: They don't?
MR. SIEGMANN : And you follow the same procedure that the owner follows?
OCTOBER .21_,, 1986
219
COUNCILMAN SCHONDEBARE: You have to get--I would recommend you see your
attorney--that.young gentleman::=that- y:ou:-had -with -us` today? He's going to--you
have a sit down talk with him to get a real good idea.
MR. SIEGMANN : Then what you're telling me is 'that the presentation that we made
today, if 1 understand you correct, we'll get no answer on that until we follow all
the other procedures. Is thiswhat you're saying?
COUNCILMAN SCHONDEBARE: Yes.
MR. SIEGMANN:: This is what I'm waiting for, is 'an answer to what do we have to
do to follow through with what we want to accomplish in this 'thing.
SUPERVISOR MURPHY: Or the Town Board has Resolution No. 1 for the last six
meetings, has been. trying to do also. There's .been a resolution on a zone change.
MR. SIEGMANN : Frank, I want to ask one more question. When I look at the two
maps in Ia room back here, there's .one map on one. wall that shows that particular
piece of property as a two-acre zoned piece of property, dated such and such a
date. When. I walk over to the other wall I see that .that same piece of property
was changed between walking from here over to there, I see a different zone on
that piece of property then I do on the first wall. How did that take place?
SUPERVISOR MURPHY : The smaller map that you see with the acetate on top of
it==the acetate in' red shows what the present zoning is right now. The small map
that you see there was the first rendition of proposed zoning changes for properties
by the Master Planner. The. map was submitted to .the Planning Board--that map
was submitted to the Planning Board and it. was changed at that point to, I believe,
the present designation that's .on the large map, the map that we're scheduling,
hopefully fairly soon, a public hearing on.
MR. SIEGMANN : So if you okay the map that you'.re talking about. now, which
would be your final map---
SUPERVISOR. MURPHY: The large map.
MR. SIEGMANN : --then that zone would be HD.
SUPERVISOR MURPHY: Right.
MR. SIEGMANN : It would not be what's .show on the first map of two acres?
SUPERVISOR MURPHY: Correct.
COUNCILMAN STOUTENBURGH : You're asking, I think, in so many words is 'why
can't it 'be put two acre zoning on there by this 'Board?
MR. SIEGMANN : Absolutely. This 'is 'what I'm.asking.
COUNCILMAN STOUTENBURGH : And nobody has answered you.
MR. SIEGMANN: I know that. I was just told that I should get my attorney and
ask the attorney.
TOWN ATTORNEY. TASKER Sir; you were talking about a formal change of zone,
and you used the word "formal". You didn't say you wanted them to change the
map--the Master Plan map. They've been. changing the Master Plan map for three
years. There are literally. hundreds of changes been made on the map, and they're
still making changes on it.
MR. SIEGMANN : We made a presentation today in writing and no where in there
does it say that we're asking fora formal change.
TOWN ATTORNEY TASKER: I'm talking about tonight when you asked me what's
the formal procedure for a normal change of zone, and that's what I outlined to
you.
MR. SIEGMANN : What I want to know--the first question I asked you was--the
presentation that we made today, when are we going to get an answer to that?
And when I started to get the answers here it appeared to me that you were saying,
"You won't get an answer to that." Now, if we made the proper presentation today
by asking them under the Master Plan to zone that parcel two acres, instead of HD,
the way it is now, if you are now saying to me that that can- be done, this 'is 'what
we ask to be done at the meeting today. Just a few minutes ago l understood by
the answers that I was getting that I couldn't do it in' that fashion.
2 2 O OCTOBER 21, 1986
TOWN ATTORNEY TASKER: Well, Mr. Siegmann, I think it's .because of the fact
that you are using terms--two different terms--and' they mean different things to
this Board. When you're talking about a change of zone that means one thing.
When you're talking about changing a.map, the Master Plan map, that means an
entirely different thing. Now you're interchangeably. saying "change the map", and
"change of zone", "change of zone". So it's .being,misi'nterpreted-because you're
using those phrases.
COUNCILMAN SCHONDEBARE: Mr. Siegmann, wait 'a minute. If we all walked in=-
all this Board, the six;of us walked into that room, took that map, erased that
HD and left it two acre--all right? Until we formally adopt the whole Master Plan,
and anybody knows when that will' ever take place--you're afraid to get caught up.
That property out there is 'still' zoned "M" and Carr will still' proceed with his
application .as .an "M" Zone, even if 'we changed it five minutes from now, that
doesn't mean all of sudden Carr's :"M" Zone has been abolished.
MR. S I EGMAN N: I understand that.
COUNCILMAN SCHONDEBARE: And your fear was you didn't want to get tied up
with the Master Plan.
MR. SIEGMANN : Correct.
COUNCILMAN SCHONDEBARE: So I don't think you're accomplishing, by telling us,
"Please go in and change that map." Because that's only going to occur whenever
we do the whole Master Plan. You're .still' back to square one with the request for
a zone change. Formal.
-MR. SIEGMANN : I understand. Okay, thank you.
SUPERVISOR MURPHY : Anyone else like to address the Town Board?. Sir.'
CHARLES TANGNEY: Since when is the informal groups participate in Work Session?
SUPERVISOR MURPHY : Since day one.
MR. TANGNEY: Since day one? In other words any group can come before the
Town Board in a Work Session----
SUPERVISOR MURPHY : Request. With an appointment.
MR. TANGNEY: ---with a group and do anything they want?
SUPERVISOR MURPHY: With an appointment.
COUNCILMAN-SCHONDEBARE: No. . No, no, no, _no, no.
MR. TANGNEY: In other words you're having zone changes at the Work Session now?
COUNCILMAN SCHONDEBARE : No.
SUPERVISOR MURPHY: Absolutely not.
MR. TANGNEY: You are having people presenting zone changes?
COUNCILMAN SCHONDEBARE : No.
SUPERVISOR MURPHY: They requested a block of time.
MR. TANGNEY: How would I know that this was going on?
SUPERVISOR MURPHY : Attend a meeting.
MR. TANGNEY: . The Work Session?
SUPERVISOR MURPHY: Yes. . This :is 'no---
MR. TANGNEY: This is the one that is 'notified in' the paper---
SUPERVISOR MURPHY : . This is 'no formal proceeding that has started from them
attending, as we had a person attend from the hospital looking for---
MR. TANGNEY: It seems to me--I've been sitting here for fifteen minutes listening
to him'. It seems to me that he went with force of the law. I mean, he's demanding
changes in what--what zone? I don't even know what you're talking about, and
come to a certain number of meetings. I don't come to them all.
OCTOBER 21, 198622 1
SUPERVISOR MURPHY : Charlie; people come to the Town Board to address the Town
Board on their concerns. Various groups, civic'associations, baymen, whatever,
church groups, the hospital :as .1 said'was there looking for money today. We had
North Fork Counseling Services---
MR. TANGNEY: . Then I apologize. I was misinformed. Thank you.
SUPERVISOR MURPHY: Sure. Anyone else like to address the Town Board? (No
response.) If not, I would like to thank everybody for attending today, and I'd
like to have a resolution to adjourn.
Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it 'was
RESOLVED- that this Town Board meeting be and hereby is'adjourned at 8:55 P.M.
Vote of the Town Board : Ayes : Councilman Penny,. Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This 'resolution was declared' duly, ADOPTED.
Judith T.. Terry
Southold Town Clerk