HomeMy WebLinkAboutTB-10/08/1985 5� 4
SOUTHOLD TOWN BOARD
OCTOBER 8, 1985
WORK SESSION
Present: Supervisor Francis J. Murphy, Councilman Joseph L. Townsend, Jr. ,
Councilman. James A. Schondebare, `Councilwoman Jean W. Cochran, Town Clerk Judith
T. Terry, Town Attorney Robert W. Tasker, Superintendent of Highways Raymond C.
Dean. Absent:. Justice Raymond W. Edwards (Justice training school) , Councilman
Paul Stoutenburgh (out of the country) .
9: 00 A.M. - The Board began the audit of outstanding bills.
9:20 A.M. = Robert Webb, President of SEACOM, met with the Board relative to the
ongoing_question of a.i:municipal electric district. Mr. Webb was advised that expert
Wallace Duncan of the law.;firm Duncan, Weinburg 8 Miller, P.C, Washington, D.C.
will meet with the Board at 1:00. P.M.'; Tuesday, October 15th to discuss the possible
acquisition of. LILCO assets in Southold Town, at which time Assemblyman Sawicki,
Senator, LaValle Legislator Blass and Greenport Superintendent of Utilities Monsell
Will`be in attendance.--'--Supervisor Murphy suggested to the Board that due to,)the
losses from Hurricane Gloria; this would-be a most appropriate time to engage the
services of a engineer to survey the inferior and deteriorated LILCO .lines 'and poles
in South old .Town as a-means of gathering evidence when a figure 'is placed on LILC
assets.
9:30 A.M: - Gary Loesch, P.E., and George Desmarias, P.E. , Holzmacher, McLendon
and Murrell, P.C. met with the Board to discuss the Southold Scavenger Waste Plant
which is nearing completion. Mr,. Loesch stated that the general contractor, Ferran
Concrete, Co. , Inc. has let their part of the project slip. They should have been
completed by September 29th, but are only 75 o through the job, which has held up
other contractors. Mr. Loesch said H2M is of the opinion the other contractors have
performed in .good faith. Since the Supervisor sent a letter to Ferran imposing
liquidated damages, they have increased the work force, but will still be almost two
months behind schedule for completion. The liquidated damages imposes a $350. 00
penalty per day.---Mr. Loesch advised the Board that the EPQ and DEC have been
funding one-year monitoring programs for projects of this type. The program cons_ists
of on-site assistance during the first year of operation, including some laboratory
sampling and analysis. . The cost would rang from $15,000 to $30,000dependent upon
the extent of sampling and analysis, and with funding would cost the Town about
$1,.125. tol $1,875. Mr. Loesch was requested to submit a .firm proposal to the Town
and DEC.
10: 15 A.M. - The Board began reviewing VI. For Discussion items: . (1) Bid on the
Laurel Lake Recreation/Chamber of Commerce Project. Only one bid was received, at
a cost far exceeding that anticipated. The specifications will be redrawn and rebid.
(2), Decision on proposed "Local Law providing for the defences of Town Officers and
Employees". Was put on the agenda for a resolution (No. 19) . (3) Invitation from
The Fishers Island Civic 'Association, Inc. to attend their Fall meeting on Saturday,
October 12th. at' l :00 P.M. (4) Request of the Southold Town Promotion Committee
for. draw-down of funds from that budgeted for their 'use. ' They will be submitting
a cost..to reprint their brochures, at which time the Board will considering the matter.
(5) Letter from Public Employer Risk Management Association relative to a Workers'
Compensation Program. Supervisor Murphy will request additional information. (6)
Bill from Dick's garage, Fishers Island,An the amount of $860. for dumpsters. It was
decided this will be paid from the Parks and Beaches account. - 01) Submission of
Draft Environmental Impact Statements by Matt-A-Mar Marina with respect to their
Wetland Application in 1984" which was denied without prejudice to reapply. The
Town Clerk will request a new application for consideration. (12) Request of Venetia
McKeighan, Director of the Nutrition Center and Senior Day Care Center, for the
employment of Angel Cordes as a part-time aide. (see resolution No. 20) .---Councilman
Townsend reported-on. a recent meeting.held to find ways of correcting the damage
sustained from the "brown tide" which has almost destroyed the scallop crop,. and
caused severe damage to other shellfish. He submitted an long range program for
OCTOBER 8, 1985
55
Bay Scallop resource enhancement'with`'a`'-proposed $10,000 in the 1986 budget, and
establishing a Town scallop seeding program. Mr. Townsend cited the tremendous
economic loss for people in the shellfishing industry, and the need to implement this
program as soon as possible.
11:10 A.M. Farmland Preservation Committee members William Grigonis and Robert
Villa met with the Board to discuss their progress in acquiring agricultural develop-
ment rights. They have reached the point where nine farmland owners have signed
or are about to sign options and the Town Board can now hold public hearings. A
total of approximately 320 acres is involved at a cost of about $1,400,000. The members
advised the Board that the County is picking up some of the options they were unable
to consider for an additional 700 acres of farmland, at a cost of.almost $2,000,000.
(Under resolution .23 Supervisor Murphy is authorized to execute the options, and
resolution 24 sets the public hearings.)
11::.30 A.M.. - The Board met with the following individuals seeking a waiver from
the provisions of Local. Law. No. 14 - 1.985:
Joseph Clifford Cornell, for Ruth Enterprises: Mr. Cornell said he had gone
through all the necessary procedures as far as the Building Department, Planning
Board and Zoning Board of Appeals-is concerned. On September 26th he was granted
a variance from the Board of Appeals with respect to insufficient lot area, with the
condition he. provide 18 parking. spaces, rather, than, the: '15 proposed. The proposal
for, the property in question, which is located on the south side of County Route 48,
Peconic, is for a construction of a business building to house a masonry business
office, ,electricla .business office and general business office. The present zoning
is "B-1" General Business and the proposed district on the Master Plan update map
is Limited Business. Mr. Cornell still needs site plan approval from the Planning
Board. The property is situated between the Suffolk County Department of Public
Works garage and Southold _Flooring, and he feels his proposal is consistent with
the surrounding area as far as business is concerned. Mr. Cornell stated there
are old sheds and an office trailer on the premises which will be removed when
the new building is constructed.--In reviewing the proposed updated zohing ordinance,
it was determined that an electrical business would not be allowed in a Limited Business
District, since there will be warehouse storag''areas' in-the building.---The Board will
seek more information from the Planning Board, Board of Appeals and Building Depart-
ment before making a decision.
Edmund Pressler: Mr.-,Pressler explained that he had been scheduled to appear
before the Planning Board for site plan approval on October 7th, for a parking plan
for existing retail store and apartments at Main Road, Southold. The present zoning
is "B" Light Business and the proposed. new zoning is to be Hamlet -Business. He -
plans to relocate his present antique business two doors away to this new site, which
is opposite. Cottage Place.. Antique businesses are provided for in Hamlet Business
and the Board is agreeable to grant. this waiver - see resolution No. 25, Edmund and
Joan Pressler.
Frank and Diane Ammirati: Mr. and Mrs. . Ammirati explained thatthey had just
purchased a house on Love Lane, Mattituck, which is presently zoned "C-1" General
Industrial, -and is proposed to be. Light Industrial. They presently have applications
before the Planning Board for site approval and the Board of Appeals for a special
exception, because i.t.4s a three-family house. They are living upstairs and would
like to change the ,downstairs into a country store retail gourmet: food store, catering
business. After further discussion the Board agreed to a waiver - see resolution No.
29.
Joseph Stocken: Mr. John deReeder appeared on behalf of' Joseph Stocken who
is involved in a transfer of premises andi will need at least site plan approval from
the Planning Board. The property is in Mattituck, on the- South:.'side of Route 25,
presently being used as a furniture/bicycle store; opposite Wickham Avenue. There
will be a :different retail use which will require renovations to the building. The
property is presently zoned "B-1", General Business and the new proposed zoning
will be Hamlet Business. Whereas the proposed use will- continue to .be retail, the
Board agreed to a waiver - see resolution No. 30.
Walter and Marilyn Gatz; . No one appeared. Proposed retail and professional
offices at County Route 48'and Sound. Avenue, Mattituck. Presently zoned "B"
Light Business, proposed new zoning to be Limited Business. Certification has ;been
received from the Building Department and they are pending Planning Board approval.
Retail stores is not permitted in the proposed zoning. The Board will seek more
information from the Planning Board, Board of Appeals and Building Department
before making a decision.
Sterling Idea Ventures: No one appeared. Proposed professional offices at
Main Road, Mattituck. Present zoning 1113-1" General Business, proposed new zoning
Limited Business. `Pending before the Planning Board .and Building Department. The
Board agreed to a waiver - see resolution No. 26.
12:19 P.M.. - Mr. James Bitses appeared before the Board requesting them to adopt
a resolution establishing a Southold Electric Authority to give people talking to the
Governor's Office some legal authority.--The Board will consider this after meeting
with Wallace Duncan on October _15th.
5 C OCTOBER 8, 1985
12:.15 P.M. - Assessor�_Chairman Charles C. Watts appeared before the Board request-
ing the employment of Janet Gilbert as-a part-time Clerk Typist in the Assessor's
Office. (See:,resolution. No. 21..)
12: 19 P.M. - Recess for lunch.
1 :45 P.M. —Work Session reconvened,; and the Board began a review of the
resolutions for the regular meeting.
2:25 P.M. - James A. Homan: Mr. Homan appeared before the Board to request a
waiver from the provisions of Local Law No. 14 - 1985. Mr. Homan stated he has
been advised. he cannot obtain a building permit to construct a new building to be
attached to existing structures, ,Main Road, Cutchogue. The property is presently
"C" Industrial and has been .for many years; the proposed new zoning will be "B-1"
t;enerai Business. - 'bYe t'ian approva; 'ir`u111 i;ic-1-;drulirlg' ioudt`u1 ;s alau "iiizicucu.
Board found that the proposed new building would be in line with the B-1 uses and.
a resolution for a waiver was placed,on the agenda (see resolution No. 27) .
2:30 P.M. - The Board continued to review regular meeting resolutions.
..3:20 P.M. -. A group of 4-H, members came before the Board to receive a Proclamation
of the Town Board proclaiming the week of October 6th through 12th, 1985 as "National
4-H, Week in' the Town of Southold". (See resolution No. 2.)
3:30 P.M. - W.B.W. Corp. : Mr. Richard Walsh, Vice President of W.B.W. Corp. ,
appeared before—the Board to explain that he is building the Cutchogue Harbor Mall
on Main.: Road, Cutchogue., west of Cox Lane. He has received site plan approval .
from the Planning Board and has had the construction drawings prepared, submitted
them ,to.the Building Department, has the contractors scheduled to begin,. started
grading the land and is ready to start construction, but because of. Local Law No. 14 -
1985,' he is unable to obtain' his building permit. The present zone is "B=1" General
Business and the proposed .new zoning is "B-11' General Business. The Board agreed .
to a waiver (see resolution No.. 28)
3:35 P.M. - The Board resumed reviewing resolutions for the regular meeting agenda.
4:10_P.M. - Michael and Joy Domino: Mrs. Joy Domino appeared before the Board
and explained that they have -an existing antique shop with a building in the rear
for which they applied for a building permit to construct. an addition, and in the
hurricane the roof blew off. Due to the moratorium they were unable to receive
the building permit, nor site plan approval. The present zoning is "13-1" General
Business and the proposed new zoning is General Business. The. property is located
on the Main Road in Greenport, opposite Silvermere.Road, and is consistent with the
proposed new zoning. The Board agreed to a waiver (see resolution No. 31) .
4: 15 P.M. -.The Board resumed reviewing the proposed regular meeting resolutions.
5:30 P.M. - Work Session adjourned.
REGULAR MEETING
7:45 P.M.
A Regular Meeting of the Southold Town Boatid was held on Tuesday, October
8, 1985, at the Southold Town Hall, Main Road, Southold, New York. Supervisor
ul� opened the meeting at 7:45 P.M. with the Pledge of Allegiance to the Flag.
Present: Supervisor Francis J. Murphy
Councilman Joseph L. Townsend;. Jr..
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
Town Clerk. Judith T. Terry
Town Attorney Robert W. Tasker
Absent: Justice Raymond W. Edwards (Justice training school)
Councilman Paul Stoutenburgh (out of the country)
SUPERVISOR MURPHY: Thank you.. I would like a motion to approve the minutes
of thelSeptember 24th, 1985 meeting.
Moved by Councilwoman Cochran, seconded by Councilman. Schondebare, it was
RESOLVED that the minutes of the Regular Meeting of the Southold Town Board,
held on September 24, 1985, be and hereby are approved.
OCTOBER 8 , 1985 _5
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Townsend, Supervisor Murphy:
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Okay, another resolution to set the next meeting, a Special
Meeting, October 1.5th, 1985. at 1:00 P.M., and a Regular Meeting, October 22nd, 1985,
at 3:00. P.M.
Moved by Councilwoman Cochran, seconded by Councilman Townsend, it was
RESOLVED that the next meeting of the Southold Town Board will be a Special
Meeting to be held at 1:00 P.M., Tuesday, October 15, 1985, at the Southold Town
. all, Main Road, Southold, New York, and the next Regular Meeting of the Southold
Town Board will be held 'at 3:00 P.M., Tuesday, October 22, 1985, at the Southold
Town Hall, Main Road, Southold;. New York..
1/c*c f L. T�.. 4.. �.J_ A !'`.. :1. !`._..4. ._.•. I .. .y.,,v:l--, _ C.,4.......,.I�L.,.� _
Council an Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: At this time I would like to present a Special Proclamation.
This is. National Fire Prevention Week and we have some representatives from the
fire service in the Town, and at this time I think it's very fitting for the Town to
thank the fire service for the great effort they contributed to the residents of
Southold Town since the hurricane; opening up their fire houses, making their
personnel and equipment available for many, many hours, for many days, and on
behalf of the entire Town Board I would like to thank the entire fire service. We
have also with us tonight a young man, which is very nice to see, a Junior Fireman
in. the Mattituck Fire Department, Brian Phillips. A sixteen year old young man who
is dedicated, who's .interested and who's working. Various departments are starting
this junior'fire department. Greenport's had it for many, many years and it's a good
way to get people interested and a good way to make sure we're going to have a
plentiful supply of volunteers, which certainly Southold Town needs and I know
all of the residents of Southold Town appreciate it. I'd 'like to read this proclamation:
Moved by Supervisor Murphy, seconded by the Entire Town Board,
WHEREAS, thousands of men, women and children die and suffer serious injuries
from fire each year; and .
WHEREAS, many thousands of homes, schools and businesses and other properties
are destroyed by fire resulting in untold economic and personal loss; and
WHEREAS, adequate fire prevention precautions would have prevented much of this
loss of life and property; and
WHEREAS, the fire services of SuffolkCounty and Southold-Town dedicate themselves
to not only-extinguishing fire., but to try and educate the public about the dangers
of fire; now, . therefore, be it
RESOLVED. that the Town Board of the Town of Southold hereby proclaims the week_
of.' OCTOBER 6 - 12; -1985, as FIRE PREVENTION WEEK in the Town of Southold, and
urges all, citizens ,of the Town of Southold to dedicate themselves to a campaign against
the ever present menace of fire; . and be it-;:further
RESOLVED that the Town Board of the Town of Southold hereby commends the Southold
Town Fire Service and the Suffolk County Department of Fire Safety for their effective
fire prevention programs which will advance the cause of fire safety throughout the
County. of Suffolk and Town of Southold. -
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
ouncilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: I thank you, and let me present the proclamation. Brian;
as the youngest member, we'll present it to you.
I. REPORTS.
SUPERVISOR MURPHY: Moving on to the first item on the agenda is Reports. There
are quite a, few of them for your information. These are on file in the Town Clerk's
Office for anyone to review at any time.
1. State of. New York Office of the State Comptroller - Report of examination,
Town of Southold; for the year ended December 31, 1984.
2.. . Vietnam. Veterans of America Suffolk County Chapter, East End POW/MIA
Committee Report 43.
3. Town Clerk's monthly report - September 1985..
4. Building Department's monthly report - September 1985.
5. North Fork Animal 'Welfare League, Inc. monthly, report- - September 1985.
6. .. Supervisor' monthly report - September 1985.
7. Board of'Town Trustees' monthly report - September 1985.
8. Dimension"Cable Services' monthly report - September 1985.
9. Szepatowski Associates, Inc. - monthly progress report _ September 1985.
10. .. Councilmen's reports --I might say at this time that Councilman Stoutenburgh
is in Switzerland and Judge Edwards is attending a Justice training course, so we'll
start with Councilman Cochran.
p OCTOBER 8, 1985
COUNCILWOMAN COCHRAN: Well, due to the storm, Frank, I have very little to
report. We've been busy getting out from under the trees. I did attend -the United
Nations Program last evening at the' Southold High School. It was a very, very
impressive program. About a week ago there was a meeting up at the Peconic Center
in relation to the bloom that we've had in the Bay this summer and I'm sure Council-
man Townsend will' be reporting on that part. That's about it, Frank. Hasn't been
too much happening.
SUPERVISOR MURPHY: Thank you, Jean. Joseph?
COUNCILMAN TOWNSEND: A follow-up on that meeting that we had at the Peconic
Senior Citizen Center, it 'was originally- scheduled to be at the Marine Science Center.
on Cedar Beach and they had an. unfortunate .incident, the roof blew off, so we had
to reschedule, it .here.... In attendance were several members of the Marine, .Sci"ence
4 community`from both Stony Brook and Suffolk. Community. We had some of the purveyors
and producers of seafood; George Braun and the Long Island Oyster Farms_and quite
a few Baymen and some local politicians and people interested in it. What we're trying
to do is develop a plan of action for next year. The entire scallop bug population
apparently has been killed by this bloom "of diatomes and what were going to do now
is. figure out how is the best way to go about see ing the Bays could be accomplished
and the next meeting I think we're going to try to get Steve MalinoWski; w.ho's. .worked
with scallops,' and Scott.Rid.ell who's .got a grant from the DEC, who is a scientist at
Stony. Brook,, to come down and talk about what we can do. Some interesting things
Came out ai ,the meeting: there was a general discussion by. Walter Smith of the history
of problems in the scallop industry and other shellfish industry. One of the more
surprising and shocking things that developed was the revelation that about 60% of
the oyster population was killed, .the cultivated oyster population. Nobody realized
that it was happening, this..kind of affect, until they pulled the oysters after the
bloom had gone and that represents a several million dollar investment that's gone
down the. drain. . One of the recommendations was that the Town and all other towns
support. scientific research into the cause of the blook and I believe that we will do
that as part of.our.: program. Other things that happened this weekend: of course
Frank mentioned the hurricane. That caused the cancellation of a lot of functions
that we would normally go to. I called the .Town Hall early in the morning on Friday
and found that the phone was busy, so I came, down and tried to help out. Frank,
I guess was here and then down at the Police Department and Judy was maning.the
phone most of the day. : Was _was interest to know that we got calls from Brentwood
and. Lindenhurst and things like that. We were the only number they could get
through to. Did'a highway inspection, which we forgot to put on the agenda, the
Highland Estates. Went there yesterday.with Ray and looked at it. It..1ooks. like
it's .fine. l m;et several times with Diane from the Planning Board and with Bob
Tasker to go over the applications to the Farmland Program. There's going to be a
resolution on the books which will'authorize the Supervisor to sign the options. We
have six farmers who have already signed the options and three just about to. This
is one of the most important steps because we are going to schedule a hearing and
if there is no objection after that hearing we are going to authorize the purchase of
the development rights of about 321 acres. I attended that U.N. meeti rig and it was
very impressive and very informative, especially the singing was great, didn't you
think, Jean?
COUNCILWOMAN COCHRAN: Bessie Swann is superb. They all were.
COUNCILMA.N TOWNSEND: It was terrific. They had some of the local Gospal
groups there and they'd knock "your socks off. That's all I have.
SUPERVISOR MURPHY: Jay?
COUNCILMAN SCHONDEBARE: Yes, Frank, thank you. Like everyone else, the
lights went off and nine days later they came back on again and I think probably
the other Town Board members will join with me to thank the LILCO linemen and
the working guy who had to go out there and try to restore that power and try
to restore the lines, as well as all the other companies and groups that came in.
1 know I saw Rockland and Orange County, Virginia, Ohio, Central Hudson, Con Ed
if I didn't mention it. I think one thing that disburbed more than anything, .and w
were talking about it today, we're going to, I believe, hire an engineer to go out
and do a survey of this Town. One thing that bothers me -was the factors of the
constant reports that I got personally from the Con Ed people about an antiquated
system, a system that was falling apart and waiting for an accident to happen, or a
big wind storm, obsolete transformers and lines, etcetera, easements that were never
taken care of for the last forty years. 1 know that was my problem. It was an
easement that they had and they didn't do anything .about it for forty years and -then
there were forty foot oak trees and locust trees all around the poles and all around
the lines and they :couldn't literally get a truck in. . It was impossible. It ran for
about 300 feet, so I think that's a worthwhile project and I'm looking forward to the
report to come. in on it. It caused me to do so serious thinking, about SEACOM and
the possibilities of it. Jean. and I spent from 5:30'to 7:30, that's .why the Town Board
meeting was late, we do apologize to you, conducting interviews for the Economic
Advisory Council, -which we are establishing. The resumes are fantastic; the-people
OCTOBER 8, 1985 ^
t a�i t we met are fantastic; and if,anyth n,g ;we.,,are going to have a very difficult time y
trying to narrow it down to the five individuals,. So we're very impressed and it's
something that I'm looking forward to seeing some good work and some good reports
out of it. I can't think of anything else, Frank.
SUPERVISOR MURPHY: Thank you,. Jay. I will say it .was probably the busiest two
weeks that I've ever had. l think I've spoken to 2,000. people on the phone in the
last week.' I would like to give a. special thanks to the Town employees, our Highway
Department, our.Police Department and our Nutrition Center. for their reactions an
the way they operated and worked during the storm. , It was fantastiZ. own in the
Nutrition Center we sent out a tremendous amount of extra meals to people who -
couldn't get, there. We had a lot of extra people attending the Nutrition Program and
it is a great asset:. The Highway Department did a fantastic job. On Saturday right-
most all of our: roads were clear and this is not so in many other towns today. The
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the Town of Babylon, the same thing. In certain areas they still really are not
cleared and we' were cleared the next.day and we had a tremendous amount of damage.
I'd .like to thank the press and the radio, in particular, for helping to inform the
people. I think they did a fantastic job to keep them abreast of mhat was going on.
Also 11d .like to thank the County and State agencies which helped the Town quite a
bit: We had the National Guard in here. They provided generators to;two private
water districts where. we were able to get them water and we had a crew from another
outfit, another Patchogue unit of the-National Guard who came and did some tree
clearing on some private roads for us. It was a great assist to us and it was great
that we could work together and Jay mentioned LILCO and these other crews from as
far away as Wisconsin. I think they did a fantastic job of working. . They put in a
tremendous amount of time. I was involved with some key personnel. ' We had phone
numbers that at no time that I called was the phone busy, so this is how private the
number was and the response was almost instantaneous. if it had to be. and the system
worked very well. Southold Town cooperated with LILCO quite a bit. We diverted--
after our roads were clear we diverted our entire Highway Department. We had, at
times, 15 different units going .out with LILCO crews to go on private property to
help them clear right-of-ways and all that which was a definite speed-up of the
resotration of the power to people. 1- know people who had to wait nine--ten days
really doesn't think it was fast, but it could have been two weeks too. The cooperation
was really fantastic. I'd like to mention that we are picking up brush. It's going to
take a long time. We are .taking it to beaches and public parking fields so we don't
have the long haul from Orient, Mattituck, Laurel to the Landfill. We'll store it in
there.' The equipment we have in the Landfill, the tub grinder., we'll then bring down
to these areas and actually grind the material right there. It will save the Town quite
a bit of money. The only thing, it's ,going to take some time. People have to be
patient. If anyone can, and a tremendous amount of people are doing it, .they are
bringing their;.own brush to the Landfill and thank Heavens we're averaging on
weekends over 2600 vehicles coming in to the. Landfill. So it's been a very busy
10. - 12 days here and again last night quite a few of us attended that U.N.
celebration. 1 accepted, on behalf of the Town, the Medal of Honor from the U.N.
I have it here if anyone would like to see it. after. It's a lovely medal and it was
a very impressive service. You're welcome to come up and take'a` look at it later.
I1. PUBLIC NOTICES.
SUPERVISOR MURPHY: Moving on. to .item 11 on the agenda, Public Notices.
1. DEC Notice of Complete Application .by.Ruth Bohn to subdivide a parcel
into two residential lots. Located on-Beebe Drive, East Cutchogue. Written comments
to the DEC by October 11th.
. 2. DEC Notice of Complete Application of Joyce and Joseph Zevits to construct
a single-family dwelling with attached deck, install a sanitary system, along the east
side of Little Peconic Bay. Written comments again by October 18th.
3. Department of Environmental Conservation, Notice of Complete Application by
C. Bruce Staiger to sudivide 51,000± square feet into two lots, wells Road, Richmond
Creek, Southold. Written comments by October 18th.
4. New York State. Department of Environmental Conservation, third public
hearing on the Long Island Ashfill law's .Generic Environmental Impact Statement,
tonight, 7:30, in Riverhead. Anyone who would like to have written comments
should forward them to Marshall Irving, Administrative Law Judge, New York State
DEC, Building 40 in Stony Brook.
111. COMMUNICATIONS:
1. Concerning the Long Island Regioanl Ashfill Project.
IV. , PUBLIC HEARINGS: None scheduled.
V. RESOLUTIONS-,
SUPERVISOR MURPHY: The first one is to--do you want to hold this? (Advertise
for bids for a prefabricated modular kennel system for the Southold Town Dog Pound:j
COUNCILMAN SCHONDEBARE: We don't have enough votes to carry it.
OCTOBER 8 , 1985
60
r SUPERVISOR MURPHY: Number 2 is a proclamation we presented earlier to proclaim
the week of October 6th through the 12th as National 4-H week in the Town of Southold.
offer that resolution.
2. Moved by Supervisor Murphy, seconded by Councilwoman Cochran,
WHEREAS, the 4-H. program of Cooperative Extension since its beginning 64 years ago
has contributed much to the health and welfare of the Nation and has encouraged many
young people to choose carees which help improve family and community living; and
WHEREAS, during this week 4-H members, leaders and families will observe NATIONAL:
4-H WEEK with the theme: '4-H or Youth for America", an
WHEREAS, 4-H, members put into practice the skills and science they learn as they
develop their talents through 4-H projects and strive to "learn for living", and
WHEREAS, in these" changing times young people, who are the citizens of tomorrow,
must discover and acquire the virtues of responsibility, thoughtfulness, morality an
`ui-j6er Lanc i rig" a�,ii
WHEREAS, the more than 500 volunteer adult 4-H., learders are organizing their 4-H
Clubs for the 1985-86 years many others are organizing clubs for the first time, and
WHEREAS, the more than. 110,000 boys and girls. participating in 4-H programs
throughout Suffolk County soon will be taking their places in society by establishing
homes of their own and joining the, ranks of community leaders, now, therefore, be it
RESOLVED that in recognition of the fine achievements' of 4-H members and their
families, the Town Board of the Town of Southold does hereby proclaim the WEEK OF
OCTOBER 6 - 12, 1985 as NATIONAL 4-H - EEK IN THE TOWN OF SOUTHOLD.
2.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 3 is to authorize me to execute an authorization for
a law firm to represent the Town.
3. Moved by Councilman Townsend, seconded by Councilman Schondebare, it.was _
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Suprvisor Francis J.' Murphy to execute an authorization for Curry, Hammill,
O'Brien 6 Croutier, P.C., attorneys for.the Utica Mutual Insurance Company, to
appear on behalf of the Town of Southold in the Supreme Court, in an action brought
by Doris Petersen and Walter Petersen, and an action brought by Suzanne Culotta,
infant, and. James A. Culotta.
'3.- ote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
ouncilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
4. .Moved by Supervisor Murphy, seconded by Councilman Townsend, it was
RESOLVED that Supervisor Francis J. Murphy, Emergency Preparedness Coordinator
for. the Town of 79outhold., hereby declares the Town of Southold to be in a state of
emergency, effective 12. Noon, September 30, 1985, as a result of Hurricane Gloria,
which occurred on September 27, 1985, and has caused tremendous damage and loss
of water and power in the Town of Southold.
COUNCILMAN . SCHONDEBARE: Just for the record, you're declaring it now, but then
has already expired, right?
SUPERVISOR MURPHY: . It expired in five days.
COUNCILMAN SCHONDEBARE: I don!t want people thinking that we're still in a,
state of emergency.
COUNCILMAN TOWNSEND: Maybe you ought to run down the advantages.
SUPERVISOR MURPHY: The purpose of declaring this was many-fold. One was to
help make sure--we had checked with Senator Ken LaValle--to make sure that schools
would..get credit for State Aid if they have to use a lot "of snow days because of this
emergency, it would give us a little more clout. It also gave me the authority to ally
the Highway Department to go on private property where we had to, and also to giv
the Police Department the added powers. One of the uses was down here on Lower
Road--on the Main Road near the monument, where the poles were down and actually
the State had no control of that road because it was under the control of LI LCO and
the barricades were. very insufficient and so we were able to order and direct the
Police Department to supersede LILCO in this matter, .and many other small matters,
and hopefully if the Federal Government is going to reimburse the towns for the
tremendous expense of clean-up, that this will make a stronger case for us. Any
questions? (No- response.)
4.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman rownsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 5 is to endorse the concept for a State Lobby of
Towns.
OCTOBER 8 , 1985 61
:,5., Moved by Supervisor Murphy, second Councilman Schondebare,
WHEREAS, the large towns within New York State have unique collective interests; and
WHEREAS, the .State Legislature has enacted legislation which affects the towns on a
daily basis; and
WHEREAS, such legislation often does not take full account of home rule messages and
the ever-increasing costs to towns for providing services; and
WHEREAS, a dwindling amount of State per capita aid and a lack of reimbursement to
towns for the cost of State authorized property tax exemptions are but two examples
of State legislation which have negatively impacted on the financial security of towns
across New York. State; and
WHEREAS, such legislation has had the cumulative effect of eroding local -rule and self-
determination and increasing the burden of local property taxes; and
WHEREAS, the Town of Southold shares these interests and concerns with other towns
nrvr.cc Alo.a. V__1 C+p+— -A u.....LJ hn wnll h nvnon-
ication which would provide notification to towns whenever a piece of legislation is
introduced which would be of interest to the governing bodies of such towns;- and
WHEREAS, a number of large towns from across New York State have organized the
New York State Association Lobby for Towns (NYSALT) to support an Albany-based
staff to provide information and lobby services to member towns; and
WHEREAS, the Steering Committee for the New York State Association Lobby for Towns
(NYSALT) has determined that a fair and equitable sponsorhip plan necessitates a
contribution of $150 per 10,000 citizens within each township as certified by the most
recent Federal census, electric company estimate, phone company estimate or any other
population count or estimate commonly used by' the township; and_
WHEREAS, the Town of Southold has 19,819 residents as determined by the 1980 Census
_ count, resulting in a membership contribution of $300 dollars for the 1986 calendar year
membership in NYSALT.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Southold
hereby endorses the concept of the New York State Lobby for Towns (NYSALT) to
represent the unique and special interests of the Town of Southold together with other
towns across the State; and be it further -
RESOLVED, that the Town Board of the Town of Southold hereby authorizes the ex-
penditure of $150 per 10,000 citizens or fraction thereof as certified by the most recent
.1980 Census count for a total expenditure of $300 dollars for 1986 membership in NYSALT,
and be it further
RESOLVED, that the Town Clerk of .the Town of Southold is hereby directed to send a
copy of this resolution to the NYSALT Steering Committee, c/o Gregory W. 'Munson,
Deputy Supervisor, Office of the Supervisor, Islip Town Hall, 655 Main Street, Islip,
New York 11751.
SUPERVISOR MURPHY: This is 'a new association that the small towns,' or the towns
of Long Island are joining, plus some larger towns from: Upstate. New York on a per-
rated basis: It will cost the Town of Southold $300 and this is all being pooled together
to hire a, lobbyist to watch out for the interests of the town in Albany. They felt it
was. very important. A lot of legislation has come down concerning sales tax, concerning
exemptions and all that, where it really has a dramatic; tremendous_ impact on the Town
and there is no way of.funding, in particular by the State and all it's doing is causing
a larger burden on some of the property tax ratepayers. Any other questions? (No-
response.)
5.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Townsend, Supervisor Murphy. ,.=--
This resolution was declared duly. ADAPTED.
SUPERVISOR MURPHY: Numbers 6 and 7 we're going to hold to have the Town
Attorney finalize it. I think we have finally come to an agreement on it which I'm
very happy to see and. glad to have it started on the road to passage (No. 6-proposed
Local Law entitled, "A Local Law in relation to Accessory Apartments in existing
dwellings", No.Tdeclaration of lead agency for this proposed Local Law.)
Number 8 is to thank a lady who donated a flag to the Town of Southold.
8. Moved by Councilwoman Cochran, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby extends their- -
sincere thanks and appreciation to Mrs. Constantine Flamio, Hobart Road, Southold,'
for donating here American Flag to-.the Town of Southold in memory of her husband
who served six years in the United States Air Force, an a it Curt er
RESOLVED that this resolution be entered in the permanent records of the Town of
Southold and a, copy be transmitted to Mrs. -Flamio with best wishes for good health
and happiness in the years ahead..
SUPERVISOR MURPHY_: Mrs. Flamio came to my office, presented the flag to me.
It was extremely nice of her.- She requested that it be put down in Triangle Park
down here and we +will give it to the Park District to fly as their flag is in dire
need of repair and so it certainly will be welcome.
8.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
OCTOBER 8, 1985
62 .
SUPERVISOR MURPHY: Number 9 is to amend a previous resolution.
9. Moved by Councilwoman Cochran, ,seconded by Councilman Schondebare, it was
RESOLVED that the Town Boasrd of the Town of Southold hereby amends their
Resolution No. 8, adopteed on September 24, 1985, to read as follows: "RESOLVED
that the Town Board of the Town of Southold hereby sets, effective October 1, 1985,
the 1985 per hour salary of Nutrition Center Cook, Mary Ann Ludlow, at $6 50 per
hour ($11,830.00 per annum) , and the per hour 1985 gRinry of Nutrition Center
Assistant Cook,. Lori McIver, at $6. 00 per hour ( 10,820 00 per annum)"
SUPERVISOR MURPHY: Any questions? .(No response.)
9.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Townsend. Supervisor Murphy.
This resolution was declared duly.ADOPTED.
SUPERVISOR MURPHY: Number 10(a) is to amend another resolution.
10..Moved by Councilman Townsend, seconded by Councilman Schondebare, it was
(a) RESOLVED that the Town Board of the Town of Southold hereby amends their
Resolution No. 9, adopted on September 24, 1985, to read as follows: "RESOLVED
that the Town Board of the Town of Southold hereby appoints Marie Helinski,
effective October 1, 1985, as Assistant Director and Bookkeeper of the Senior Day
Care Center, at a salary of $1,809.00 per annum.
10.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
(a) Councilman Townsend,' Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 10(b) is to amend another resolution.
10. Moved by Councilman Schondebare, seconded by Councilwoman Cochran, it .was
(b) RESOLVED that the Town Board of the Town of Southold hereby amends their
Resolutions No. 10 and 11, adopted on September 24, 1985, to reflect the appoint-
ment dates of Beatrice MacDonald R.N., to work at the Senior Day Care Center, and
Jeffrey -Andrad.e as Dishwasher for the Nutrition Program, effective October 1, 1985.
10. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
(b) Councilman Townsend, Supervisor Murphy.
This resolution was.declared duly ADOPTED.
SUPERVISOR MURPHY: Number 11 is to transfer funds in the General Fund Whole
Town Account.
11. Moved by Councilwoman Cochran, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following transfer within the General Fund Whole Town 1985 Budget:
From: A599 Appropriated Fund Balance.. . . . . . . . .. . . .. . ... ...$19,600. 00
Into: A960 Appropriations;,
A1910.4 Insurance, Contractual Expenses . . .. .$19,600. 00
11.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: r Number 12 is"a transfer, General Fund Part Town 1985 Budget.
12. Moved by Councilman Townsend, seconded by Councilwoman Cochran, it was
RESOLVED that the Town .Board of the Town of Southold hereby authorizes the
following transfer within the General Fund Part. Town 1985 Budget:
From: B599 Appropriated Fund Balance .. . . . . . . . . . . . . . . . . ..$13,800.00
Into: 13960 Appropriations
B1910.4 Insurance, Contractual Expense.. . . .$13,300. 00
B8010.4 Zoning, Contractual Expense.. . ..... . .. .500. 00
Total .... ...M,800.00 .
12.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 13 is to authorize the expenses of bringing up a
Mr. Wallace Duncan to come to Southold Town to discuss the legal feasibility of us
acquiring our own electric utility here.
13. Moved by Supervisor Murphy, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
reimbursement of necessary travel expenses and payment of charges, if any, to
Wallace L. Duncan of the law firm Duncan,. Weinburg .8 Miller, P.C. , Washington,
D.C. to travel from Washington, D.C. to the Town of Southold to attend a special
meeting of the Southold Town Board to be held on October 15, 1985, for the .
OCTOBER 8 , 198563
Purpose of discussing the possible acquisition of LILCO assets in the Town of
Southold.
13.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
ounci man Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 14 it to approve,a lease for rent on Fishers Island.
14. Moved by Councilman Schondebare, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis J. Murphy to execute a lease approval between the
Fishers Island Garbage and Refuse District and Royal Painting Co. , for the under-
ground space between Gun Pit No. 3 and the premises to theast thereof presently
leased to Heath, at Fishers Island, New York, to commence from the 15th day of
September 1985 and end on the 14th day of September 1990, at an annual rent of
$360.00. .
COUNCILMAN SCHONDEBARE: Bob, for what?
TOWN ATTORNEY TASKER: 1 think he's .in the house painting business, but 1 don't .
think that's very important. Don't worry about it.
COUNCILMAN TOWNSEND: This is a gun, pit.
TOWN ATTORNEY TASKER: Underground gun pit.
SUPERVISOR MURPHY: This one is not being used.
TOWN ATTORNEY TASKER:. This one is north of Whistler Avenue at the extreme
east end.
SUPERVISOR MURPHY: It's a vacant one, Joe. It's not used for anything.
TOWN ATTORNEY TASKER: Where they have their burning pits and this is an
underground room that he's going to use for his--as I understand it he's in the
house painting' business and he's .going to use this for his office and place of
business.
COUNCILMAN SCHONDEBARE: This is Town property?
TOWN ATTORNEY TASKER: This belongs to the Town ,of Southold, yes.---Excuse
me, 11m.a little bit confused myself. This belongs to the Fishers Island Garbage and
Refuse District. Under:,.the provisions of the Town Law applicable to refuse and
garbage districts, when they lease property they have to have the approval of the
Town Board and that's .the only reason this matter is before you.
COUNCILMAN SCHONDEBARE: It's .their property, not ours.
TOWN ATTORNEY TASKER: Yes. . They bought it from Fishers Island Development.
As a matter of fact they didn't buy it; they got it as a gift. It's going to be the
future site for their incinerator for their landfill.
14.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 15 is to accept a bond.
15. Moved by Councilwoman Cochran, seconded by Supervisor Murphy, it was
RESOLVED .that the Town Board of the Town of Southold hereby accepts Bond No.
941568, issued by Republic Insurance Company, in the amount of $350,000.00, for
roads and improvements in the major subdivision known as "Long Pond Estates,
Section I", Southold, New York. .
15.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Townsend, Supervisor Murphy
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 16 is to approve the payment of the bill for our
very successful STOP Program.
16. Moved by Councilman Townsend, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby approves for payment
the bill of Chemical-.Pollution Control Inc. , Bay Shore, New York, in the amount of
7,625. 00, for the removal and disposal of 35 drums of household waste in the amount
of $6,125. 00, and set-up fee in the amount of $1,500. 00, for the STOP Program. held
on September 14, 1985 at the Southold .Town Landfill site.
16.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Townsend, Supervisor .Murphy.
This resolution was declared duly ADOPTED.
OCTOBER 8, 1985
64
COUNCILMAN TOWNSEND: What did"we budget for that, $7,000.00, Frank?
SUPERVISOR MURPHY: We didn't budget anything. Taking it out of Landfill and
we'll have to transfer into it later.
Number 17 is to grant a Step 1 salary increment.
17. Moved by Councilman Schondebare, seconded by Councilwoman Cochran, it was
RESOLVED that the Town .Board of the Town of Southold hereby grants Kent McCarthy,
Bay Constable, his Step I salary increment in the amount of $500. 00, effective
October 23, 1985.
17.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
uYYu ,.: ar' Y:r-iv'u�.�:�:N L ai iv•'i c:oyY Yl]lil i `ii dilicliilUG1 `Q3f the
Board of Assessment Review.
18. Moved by Councilwoman Cochran, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret,
the resignation of Andrew S. Pitre, member of the Board of Assessment Review,
effective October 15, 1985, and extend to Mr. , Pitre the Board's best wishes for
happiness in the years ahead.
18.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman .Schondebare,
Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 19 is to enact Local Law No. 16, a Local Law providing
for the defense of town officers and employees.
19. Moved by Supervisor Murphy, seconded by Councilman Schondebare,
WHEREAS, a proposed Local taw No. 16 - 1985 was introduced at a meeting of this
Board held on the loth day of September, 1985, and
WHEREAS, a public hearing was held thereon by this Board on the 24th day of
September, 1985, at which time all interested persons were given an opportunity
to be heard thereon, now, therefore, be it
RESOLVED that. Local Law No. 16 - 1985 be enacted as follows:
LOCAL LAW NO. 16 - 1985
A Local ;L-aw providing for the defense
of town officers and employees
BE IT ENACTED by the Town Board' of the Town. of Southold as follows:
I. ' The Southold Town Code is hereby amended by adding a new Chapter
thereto, to be Chapter 8, to read as follows:
Chapter 8
Indemnification of Officers and Employees
Section 8-1.
The Town Board hereby adopts Section 18 of the Public Officers
Law and confers the benefits thereof upon all town officers and
employees.
Section 8-2. R
The , Town shall provide for the defense of any town officer or
employee in any civil action or proceeding arising out of the alleged
act or omission in which it is alleged that the officer or employee
has violated the civil rights of the claimant, petitioner or plaintiff
under Sections 1981 and 1983 of the U.S. Civil Rights Act. The
Town shall indemnify and save harmless such officer or employee in
- the amount of any judgment. or settlement "'of claim obtained against
such officer 'or employee. Such legal defense and indemnification
shall be provided where the officer or employee at the time of such
alleged act or omission was acting in good faith and within the
scope of his public employment, powers or duties. The provision of
this section shall be in addition to any other -statute, local law or
enactment providing legal defense and indemnification in civil
actions brought against such officer or employee.
Il . This Local. Law shall take effect immediately upon filing in the
Office of the Secretary of State.
19.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
'Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 20 is the appointment of Angel Cordes as a part-time
Aide for the Southold Town Senior Adult Day Care. Center.
OCTOBER 8 , 1985 6. 5
20. Moved by Supervisor Murphy, secondetl'``Ey Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Angel
Cordes as a part-time Aide for the Southold Town Senior Adult Day Care Center,
effective immediately, at a salary of $3.35 per hour.
20.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number. 21 is the appointment of Janet E. Gilbert as a part-
time Clerk Typist in the office of the Assessors.
21. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED.that the Town Board of the Town of Southold hereby appoints Janet E.
Gilbert as .a _part-time Clerk Typist in the Assessor's Office, effective .immediately,
at a salary of $5. 00 per hour, 17-1 /2 hours per week.
21.-Vote of the Town Board: Ayes: - Councilwoman Cochran, Councilman Schondebare,
Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 22-is to authorize me to sign the Fishers Island
Radiological Emergency Response Plan for the Millstone Nuclear Power Station.
22. Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of .the Town of Southold hereby authorizes Supervisor
Francis J. Murphy and Justice Raymond W. '.Edwards to execute the signature page of
the Hamlet of Fishers Island, Radiological Emergency Response Plan for the Millstone
Nuclear Power Station, Waterford,. Connecticut.
22.-Vote of the Town. Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Townsend, Supervisor Murphy.
This resolution .was declared duly ADOPTED. .
SUPERVISOR MURPHY: Number 23 is to authorize the Supervisor to execute the
opinion agreements for nine parcels for the Farmland Preservation Program.
23. 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 Farmland Development Right
Acquisitions - Option Agreements for the following nine parcels:
1. Latham Farms, Inc. , Main Road, Orient, 63.9 acres. 21.8 acres.
2. Albert Krupski, Jr. , between Skunk Lane and Little Neck Road, Cutchogue,
3. John C. Tuthill, County Route 48, Mattituck, 22.6 acres.
4. Frank Cichanowicz: 11 I, .Main Road, Southold, 21-.24 acres. .
5. John Nierodzik, Main Road, Southold, 1.8-1 /2 acres.
:. 6. John Simicich, J.r. ,and Catherine Simicich, Bergen Avenue, Mattituck, 39 acres.
7. Charles Simmons, Sound Avenue, Mattituck,. 34.6 acres.
.8. Byron Horton, Main Road, Cutchogue, 50 acres.'
9. . John Sepenoski, Old North Road, Southold, 50 acres. .
'23.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 24 is to set public hearings beginning at =8: 00 P.M.,
Thursday,,,;Novem bibr .7th, relative to the acquisition of development rights of nine
parcels under the Farmland Preservation Program.
24. Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby schedules the
following public' hearings for the Acquisition of Development Rights in Agricultural
Lands: beginning at 8:00 P.M., Tursday, November 7, 1985, Southold Town Hall,
Main Road, Southold, New York:.
Latham Farms, Inc. , Main Road, Orient, 63.9 acres. 21.8 acres.
Albert Krupski, Jr. , between Skunk Lane and Little Neck Road, Cutchogue,
John C. Tuthill, County Route 48, Mattituck, 22.6 acres.
Frank Cichanowicz III, Main Road, Southold, 21.24 acres.
John Nierodzik, Main Road, Southold, 18-1/2 acres.
John Simicich, Jr. and Catherine Simicich, Bergen Avenue, Mattituck, 39 acres.
Charles Simmons, Sound Avenue, Mattituck, 34.6 acres.
Byron Horton, Main Road, Cutchogue, 50 acres.
John Sepenoski, Old North Road, Southold, 50 acres.
COUNCILMAN SCHONDEBARE: You've got the date..November 7th. Those dates
run 45 days. And then I remember I spoke to a few of the Board members and
spoke to Bill Grigonis---. .
TOWN CLERK TERRY: I know, I passed that on to the Supervisor and the Town
Attorney..
COUNCILMAN SCHONDEBARE: Right. So are .we going to stay with November 7th?
66
OCTOBER 8 , 1985
SUPERVISOR MURPHY: Bob feels we should so we can make sure we get the other
three in.
COUNCILMAN TOWNSEND: Did Bill want .to set it up sooner?
COUNCILMAN SCHONDEBARE: Yes. Was it 30 days or 45 days?
TOWN CLERK TERRY: Forty-five days.
COUNCILMAN SCHONDEBARE: Bill wanted it as soon as possible.
COUNCILWOMAN COCHRAN: I still think you're further ahead allowing for those
other three to be signed.
COUNCILMAN SCHONDEBARE: Okay, as long as we took it under consideration. He
asked me.
2.4.-Vote of the Town Board: Ayes: Councilwoman, Cochran, Councilman Schondebare,
Councilman Townsend, Supervisor Murphy.
This resolution .was. declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, number 25 to 31 1 think .we'll hold and we'll recess
for a period of time after the regular meeting (waiver requests from Local Law No.
16 - -1985) . Number 32 is to set a, public hearing, 7:30 P.M., Tuesday, October 29th,
1985 on the petition of John A. Costello .for a change of zone from "A" to "M".
32. Moved by Councilwoman Cochran, seconded. by Councilman Schondebare, it was
WHEREASy the .Southold :.Town. P.lannin.g Board ,and- Suffolk: County Department_.of
Planning, havel:prepared official -reports and .recommendatiods on the_0etition of John
A. C.ostel.lo- for Change of Zone from "A" Residential and Agricultural District to
"M" Light Multiple Residence District on7 certain property situated at Greenport, in
the Town of Southold. and more particularly bounded and described as follows: .
BEGINNING at the point of intersection of the easterly line of Moore's Lane with
the southerly line of Middle Road (County Road 48), said point being the northwesterly
corner of the premises 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
North 71 degrees 28 minutes 20 seconds Esat 312.64 feet to the westerly line of a sip
division known "Fleetfield"; thence along said westerly line of "Fleetfield", South 16
degrees, 01 minutes 50 seconds East 1450. 11 feet to land of Village of Greenport; the:,;:e
along said land of. Village of Greenp9ort, 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 Moore's Lane; thence along said easterly line of
Moore's .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 that a -public hearing will be held by the Town
Board of the Town of Southold at 7:30'P.M., Tuesday, October 29, 1985, at the
Southold Town Hall, Main Road, Southold, New York, on the aforementioned petition,
at which time any interested person desiring to be heard on the above proposed
petition should appear at the time and place above so specified, and be it further
RESOLVED that the Town Clerk be and she hereby is authorized and directed to
cause notice of said hearing to be published._ in the official newspaper pursuant to
the requirements of law.
32.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Council an Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: That is the end of the agenda, except for the items that
we want to discuss further and we still have to finish auditing the bills, but rather
than keep everyone here, at this time I will ask if any of the Town Board members
have anything further to say? -Jay? .:(Not at.this time, Frank.) Joe? (Nothing.)
Jean? (Thank you, no.) If not, anyone in the audience? . Jerry?
p,
MR. GERARD GOEHRINGER: Frank, as Chairman of the Park District, we have som
concerns about placing brush at the Memorial Park site. We feel that if brush is
placed there it could cause a fire hazard to the surrounding, houses and we would
appreciate a little bit of time before you intend to move the brush in there. Possibly
the option would- be the other site, which is, of course, the yacht club site, where
there are no immediate houses right directly around it.' This was brought to my
attention by a few _firemen the other day and by our full-t%me person, Mr. James Cox.
So 1 would ask you--we will talk about it at the monthly meeting, but I would .ask you,
please, at this particular time refrain from placing any brush at the Memorial Park site.
don't .know 'if there is any there yet, yesterday there wasn't any, but we're very
concerned about the houses across the street in the immediate area. 1 have no idea
if this stuff is going to go up. Some of it is green and some of it is not green. Of
course, a lot of it is dead. Okay.
SUPERVISOR MURPHY: Thank you.
OCTOBER 8 , 1985
67
MR. GOEHRINGER: . 1 had one other issue:which is very upsetting to me and was
brought to my attention during two phone calls during dinner tonight, and that was
that you had made mention in the public meeting today that there was some concern
about the Board of Appeals in .rendering a decision. I believe it was on the Ruth
Enterprises application. I'm here to accept anything that you might be mentioning
concerning that and I'd like to know exactly what you were talking. about, because
I would like to report back to the Board concerning it.
SUPERVISOR MURPHY: I'd .just as soon not discuss it now. We'd be happy to have
you in at a regular meeting to discuss it.
MR. GOEHRINGER: Well, at this particular time---. .
CIIDGD�/ICl1D nA110DWV• If -_nmphnrly alcP want-_ tn. firm Iprrv,
MR. GOEHRINGER: I want to know why the--I've been accused twice in this particular
position as Chairman of the Zoning Board. Once for my inability to act very quickly
on an application out in Orient, and two, in this particular application and I don't
understand the reason why. I would really ask you to refrain from discussing these
things at public meetings unless I am there and I find this extremely upsetting,
extremely, extremely unimportant to shoot from the hip as you have done in this
particular case, Frank.
SUPERVISOR MURPHY: Thank you. Anyone like to comment?
COUNCILMAN SCHONDEBARE: . Jerry, do you want to come in and talk to the Board
at a Work Session?
MR. GOEHRINGER: Yes, particularly if the press is there, definitely.
COUNCILMAN SCHONDEBARE: They're always there.
MR. GOEHRINGER: Any time. Thank you.
SUPERVISOR MURPHY: Is there anyone else in the audience would like to address the
Town Board?
MR. DAVID MUDD: I was going to Greenport :the last couple of days and as I
talked to Frank on the phone yesterday, as a taxpayer, citizen and -so forth,.
emergency and all that I understand. People up there are cutting brush 100 and
200 feet in. from the road and bringing it out to the road for disposal. Now, some
of us are a little naive, I guess, and we furnished .our own labor to clean our own
property and we hauled it to the dump. .. The first question I asked Frank is, can
I put. a bill in for that? ..Because I took my stuff to the dump. Now the rest of-these
people are taking this stuff--some of those .places up there have no trees on the road
at all and they are taking the stuff out to the road, .expecting the Town to haul it
away. if the Town is going into the refuse business, I'm for it, but let us know.
It wasn't announced to me that the Town'.-is going to pick. this debris up. I don't
know that it's been publicly announced yet. .When I asked Supervisor Murphy about
it he said, no, they didn't announce it because, you know, more people might put
more out. I don't disagree with that, but if I were in the tree business, or the lawn
disposal business and so forth, I'd .be very upset with the Town and 1 think I'd have
a pretty good cause to raise a real good question as to whether this is the right thing
to do or not. Granted we have an emergency: You're going to have a further bigger
emergency by not taking action. My suggestion is for you to consider it•.very
seriously, if you take a ride down the road, come Halloween night we've got some
bonfire potential second to none. If we thought the fire;; if we thought the wind, if -
we thought the wind was going to: be something, you wait until the fires start up.
You're going to leave it out there for two or three months, supposedly,. and you're
going to create fire hazards second to none. You're also going to create them by
moving them into these park areas and some other places where these little children
of ours love to have a little bonfire going. I think we ought to think about it a little
bit deeper than what we've presently done. I would like to have you think about it.
If you're going to announce now that any of us can take all of our debris out of our
homes, out of any place else, put it on the road and the Town is going to be responsiblE
for hauling it away, I'll be the first to agree, because I'm going to pay for it just like
all the rest of us, but if there are just going to be a few of us take advantage of this,
or say 250 1 think the rest of us are being set .on and I don't appreciate it. I know it
wasn't intended that way, but this is the way it's going to develop. I think we ought
to announce for the record that .you are going to.do it and those people that have been
stupid enough to haul the stuff away, .I would think- they ought to be entitled to
compensation. - I think if I were--again,. if I were in the busi-ness of tree removal,
brush removal, I think I would have a pretty good case against the Town for depriving
me of a livelihood that: I'm, entitled to. And I'm sure it wasn't intention this way, but
I think it's going to develop that way, so I just thought I'd come here and point out
two or'three things. I'm sure the potential hasn't been completely thought through
but I think it's something you should give very serious consideration as to what you're
going to do. Number one, I'd like to have it announced if you are going to pick it
68
OCTOBER 8, 1985
up and that I can take anything out of my place and put it out there. I see people
now putting leaves out there in plastic bags. I would suggest that you send somebody
around and start giving these people some tickets. . It's going to be two months before
you're going to pick up some of this stuff and can you imagine--I've people across the
street from me whose trees fell, down in their property. They cut them up and moved
them out on the road. 1 think we as taxpayers and citizens deserve a little better
treatment than that. I'm sure their thought wasn't what they were doing to us, but
I think somebody should bring it to their attention forcefully. Thank you for your
attention.,
SUPERVISOR MURPHY: Thank you, sir: Anyone else would like to address the
Town Board? Frank?
MR. FRANK BEAR: I'd dike to discuss with the Town Board and for the public
something related to two letters"which have been received by.Supervisor• Murphy,
with copies to all members of the Town, Board and to David Spohn and others connected
with the, FAA and New York State Department of Transportation. These letters
were from Paul Puckli,. who's title is Senior. Aviation Consultant for Environmental
Science and Engineering, Inc. ,. (ESE) . In these letters he has expressed a resent-
meet that he has not been paid` for. work that he thinks he should have been paid
for'and so ,forth, but in these letters also there are other things which 1'd like to
address this Town Board about. This question of the airport and .when a public
information meeting or meetings should be held has been a matter of discussion for
many,:months, In this letter Mr. .Puckli says that the Federal Aviation Administration
(FAA), had requested a third time extension for making their comments on Phases
and 11 studies done by Mr. Puckli. The first was an extension of time until last
August the 30th. The .second was an extension of time until September 20th. -An
this first letter to Mr. Murphy, dated September 23rd, 1985., .in the first paragraph
he says that they, being the FAA, have asked that their deadline be extended to
October 9th. That's tomorrow. I don't know .whether it just so happens that. this
is the day after the Town Board meeting instead of the day before, something of
that kind,, but that's the third extension.. 'He says that he talked about public
hearings in 30 days being necessary to allow concerned parties adequate time to
review necessary material, but he says, "we do not disagree with the conduct of
public informational meeting, at .the appropriate time, to keep local communities
informed on the progress of the study. However; in light of the controversy over
whether to complete the. study prior to the consideration of FAA comments on the
consolidated report, and environmental and financial factors, we feel that a public
hearing will only serve to cloud the issue." I'm not sure whether he meant public
hearing or public information meeting. "We maintain that the elected officials of
Southold. Town would better serve their constituents by reserving a decision on
whether to proceed with building a publicly owned airport after all the facts have
been presented." Now, some of these things that he said in here are not in
accordance with what he has said before in some. of his correspondence, and 1
think that we should have it on the record that these conflicts do exist. For
example, in the second paragraph of the letter dated October 2nd he says that,
"Murphy was :critical of the airport study, saying that it's purpose was to examine
the feasibility-of establishing an airport in the Town of Southold. Not to site an
airport in the Town. 1 feel that the study was done very poorly." 1'd like to come
back to the word "feasibility". Very interestingly in his first report of Phase 1,
and Pd like to get that and just read one line to you. He says here on page 1-2
in the study dated June 1984, "The main objective of this study is to determine
- the feasibility of an airport on the North -Fork." That is not quite consistent of
what he said before. "Above all else,". it says later on, "the plan must be technically
sound and economically feasible."' Now, Mr. Puckli also has complained about--again
getting back to :the public meetings aspect of what he was talking about--in a letter
dated the 17th of December from Mr. Puckli to Supervisor Murphy, he said, "it
might also be worthwhile at this point," this is last December, "for the Town Board
to hold a public meeting on the airport issue to solicit comments from Town residents."
In another letter dated the 8th of January, 1985 from Foster Beach III of the State
Department of Transportaion (DOT) , to David Spohn, the Town's Contact Person
in this study, Mr. Beach said as follows: "At this juncture we believe there is
sufficient information for the Town Board to present the alternate sites to the public
We recommend that the Town Board schedule a public meeting with the technical
assistance of a consultant to gather public comment on the four alternate- sites.
Based on the revised consultant report, as well as the result of the public meeting,
the Town Board must decide whether or not to go ahead with the feasibility study,
and which site, if any, should be developed as a municipal airport :in the Town of
Southold. There' are other instances where this sort of thing. is mentioned. In a
letter from David Spohn to Foster Beach, dated the 1st of -February, 1985, "Per
your letter of January 8th,, the New York State Department of Transportation believes
there is, sufficient information for the Town Board to present the alternate site to _
the public. I would, therefore, believe that the information is good enough for public
consumption." And he went on to say, "I feel that we can present a strong case
for this airport so that as a good neighbor it does not destract from the pristine
landscape and will be financially and economically viable." 1 could quote.several
instances of that, but this last paragraph, which I read you, leads me to something
else which I would like to mention and that: is from the very beginning this study
OCTOBER 8 , 1985
9
has been something which was not really...for,the._purpose of determining whether_or
not there should be an airport, but' toAr' y to sell 'the idea. On December 6th, 1984,
Mr. Spohn wrote, "A feel the responsibility that 1 have to do everything possible
to make sure that there isn't any stone unturned to get all the available positive data
for this study." He said .that as Contact Person between the Town and the study
firm. Another thing that was said, "The reason.why the FAA and the State are
interested in a publicly owned airport in Southold Town is because the Town has
.been designated in the National Airport System Plan to have an airport open to
the public." In a letter--or a report rather, dated the 14th of August in 1980--
this goes back to almost the beginning of this--not quite to the beginning--it goes
back a long time, but a report from the Airpark Committee and David Spohn, John
Duell, John Appelt and William Rose on interviews with firms for Aiirport Master Plan
Site Selection Study--this is 1980, and this is what they said, "What is needed is
the equivalent of three quarters of a mile of country road that airplanes may use
to yall'i accesb Lu air space. -i ne %,ommiiiee is conTiaeni thai the Mdbier Pian 'aiiU
Selection Study will confirm these views." And the interestingly enough, after the
signatures was this line, "This report made without prejudice or intent." In a letter
to Mr. Pell,--former Supervisor Pell, from Puckli, dated the 15th of September in 1980,
when he as an associate with PRC Speas, "PRC Speas -is a firm totally dedicated to
the development of aviation. We believe that a publicly owned airport on the North
Fork will benefit the Town." I could go on with this sort of thing for the next
fifteen or twenty minutes, but what I'm trying to point out is from the very beginning
this study has been in the hands of people who have been not trying to find out
whether or not the Town., of Southold should have an airport, but how to get it, and
that is where we are today. Why have they all been putting--w.hy, have they been
putting off the final comments on the Phases I and II studies one time after an other?
This should have happened--these comments should have been in last June. .They got
an extension to August 30th, then to September 20th, then October 9th. Where are
we going? - That means is what they said, a couple of things that Mr. Pucki said in
his letter, refer to -the fact that there is an effort being made to have these hearings--
these public meetings before the election. Could it be that there's some effort made
to keep the public meetings from being held until after the election? And if so, why?
If so, why? This has been unfair, very unfair to the public of the Town of Southold.
The Town of Southold .public should have had an opportunity to comment, to learn
what is going on and to give the Town Board an opportunity to get ther public input
so that they could determine, as was said some months ago, in order to determine
whether or not the study should continue after Phases 1 and 11 . Thank you very
much.
SUPERVISOR MURPHY: Thank you, Frank. Is there anyone else in the audience?
Sir?
MR. RICHARD BECKLEY., East Marion: 1 just want to point out, in relation to this
study being postponed by the FAA, originally the request for input from the FAA
and from New York State, I do not believe came from Mr. Puckli. 1 believe that
was requested by the Town Board who wanted further input from these two concerns
due to their lack of expertise in the field. If we weren't waiting for these results
that were requested by the Town Board, quite possibly this Phase I and Phase 11
could have been completed; if not the full study. Thank you.
MR. BEAR: I'd like to point out that the request for the extensions came from
the FAA, not from this Town Board.
SUPERVISOR MURPHY: Okay, .is there anyone else in the audience would like to
speak? Mrs. Bergmann?
MRS. DIANE BERGMANN, President of Southold Taxpayers Against the Airport: -The
only thing I'd like to say. is Foster Beach says there's a series of ten meetings that
should have been held. We have not had ten meetings. The people in this Town do
not know where it stands at all. I think they should be informed--anything--there
are people that come up to me every day saying, "Where's the airport? Oh, I guess
it's killed. I guess it's dead." No one is informed. I think there should be public
hearings or meetings to let people know where this is at. Thank you.
SUPERVISOR MURPHY: Anyone else like to address the Town Board? Mrs. Skabry?
MRS. MARGARET SKABRY, Henrys Lane, Peconic: I've been here several times about
the airport issue. Last December I asked if this would be settled before election time.
Everyone on the Board seemed to be quite sure it would be. I'm referring to Parts I
and 11 and then possibly killing the study. Well, 1 wasn't too sure about it and it
seems as- if now .we'll be facing a third Town Board .since the study was signed for
and once again Jotin Q. Public, a .cross section of this community, they were polled--
63% of the registered voters who are against this airport study. . We're going into
election time and we still have the airport study. The only thing the Town .Board
has . really done for us was more a token gesture than anything,. in it's attempt
to pass the resolution that you would not condemn' land when the Bergmann's home
was being threatened, and not each member of this Board was willing to even vote
for that. Since you passed -that..resolution, which was appreciated, even though we
OCTOBER 8, 1985
.7.0
realized it might not help too much--qf;course, the runway was surprisingly realigned,
the' spectre of an airport is still hanging over our heads and I've heard of other areas,
such as ash dumps in Riverhead not blending with the aesthetic character of the areas,
yet somehow hangers and whatnot might go in the farmland -in the preservation act.
am really very,- very disappointed in this ,Board, who is called the lead agency in this.
If an engineer has been working on this for .five years and has been asked for
corrections from DOT and the FAA. is upset because members of my Board happen to
question the quality of this report as of this point, when citizens last January had
to'l bring up points that were inaccurate and came to each member of our Board.
Amazingly-the same ones that were hit by FAA and DOT. But our Board is not
allowed to question this particular engineer as to. the quality of his work after five
years and he's .still on Part I and 11. And our Board is going to back down as
being lead agent in this, maybe our Board really is powerless. Maybe each and
every one of you, on this Board has no right going to any study, whether it be for
SEACOM. Wetland Preservation or anythina because you don't have the expertise
in that";you know what's .right and you know what's .wrong. You know what your
voting public wants. The voters have spoken, not special interest groups in. this
Town on this airport study. Sixty-three percent of the registered voters don't want
this. Our Town Board has allowed this to continue, instead of going back over and
over again and asking the question, will they soon put this up to a public informational
meeting. If so, wouldn't it be worth it to get rid of this study. I'm really sorry I'm
going to go through election this way. It's not right. Board members that are being
criticized publicly. Maybe they shouldn't be right now. Others that are not, maybe
they should be. It's been very hard. . I have made some decisions and I will go
candidate by candidate and no party lines. _ The ones that I know that have.helped
us and stood for us and listened to us. They're the ones that I'll support and I
hope the rest of the public does the same... Maybe then our officials will go back to
being a government of the people by the people for the people. Please, see what
you can do about make an appointment for this meeting, even if it is for a fourth
Board. Thank you.
SUPERVISOR MURPHY: Thank you. Yes, sir? -
MR. BECKLEY: I'd like to make one more comment. - With all due respect, I've
heard about 630 of the population voting against an airport. I'd just like to point
out. that (a) that .was a poll taken before any facts were known to the general public
about an airport. . I don't even know all the facts yet and I would not hesitate to
make a guess which way I'd ,.v_ote on an airport until I know about all the facts. -1
think the Board is taking into, consideration and they're trying to get the facts. To
ask--to put you on the spot to make a decision now is more unfair than anything el:;
I've heard. Once you have the facts and know what we're all talking about, you car,
tell the public and the public can get all the facts and then we..could have a public
hearing and if comes to a public referendum, to. see if the public wants it or not. • But
let's therm know what we're talking about. Thank you.
SUPERVISOR MURPHY: Thank you. Is there anyone else would like to address the
Board?
MRS. SKABRY: 'I would like to rebut that. We're asking it to be killed now, because
this was first told to us it would- be a grass strip. .That's the first thing 1 ever heard
about an airport and that was at an informational meeting of the airport committee two
years-ago. - And you tell me how a grass strip is 12,500. with 36,000 in capacity capable
of handling twin engine planes, 'of various sizes and noise level. The information that
has been given out so far is very slanted -in this report. They are using data that
makes it look like nothing. They are` not address the-full impact .that will be felt.
They're doing a little bit here and a little bit there and sugar coating it and if you're
fools enough to 'swallow :it, you're going to be like many other towns around here.
Why do we have to make the same mistakes? Can't we learn from the towns in our
area that are now backed up with lawsuits because they thought they had control of
the town-owned airport. It's ridiculous what this study has started. It started when
seven volunteers showed up in 178 to. work in a little group to find out if an airport
was needed. What kind of a straight view -are you going to get? Who could we get
to represent us to show the true facts that isn't a member of the FAA or something
like that? I'm not a pilot, but I don't have to be to know what an airport is Like.
I've lived near them, and I know how everything can be sold very gently. I know
how studies start, as studies and end up as nuclear power plants. Studies end up
as landfills. We don't need the study. We were never asked . if we needed the study.
We don't want the airport, grass strip or 747. We don't want it. That's what we're
saying. We didn't move here for an airport. We didn't stay here for an airport.
You don't want two ferrys in the town, so why do you need a -couple more airports.
Very simple. No trade offs. No airport. Thank you.
SUPERVISOR MURPHY: Thank you. Is there anyone else would like to address the
Town Board?
ALVAH GOLDSMITH, JR. : Town Board., my name is- Alvah Goldsmith, Jr. , and yes,
pilot. Not very often, but I think this whole issue started when the Town could not
renew- its -lease in Mattituck. I think that had that facility been maintained that it
OCTOBER 8 , 1985
71
would have been all that would have been required. Unfortunately this didn't happen
and it opened the discussions which"w el're 'having now. I think the Town needs an
airport and I think that if they had one similar to the Mattituck it would enhance
everybody in the Town. Everybody is a special interest group, whether you're pro
or con and I think it's too bad, that it had to go so long without a decision being made
because what's happening is that everybody is getting misconceptions about what's
going to happen. People have been fed erroneous information that there's going to be
a jetport and all this kind of malarkey.. I think that it's got way out of hand in this
respect. There's no intention of having a jetport in the Town. That is not what
anybody wants to see, but I think if we did have facilities such as.Mattituck it would
enhance the value of the Town and it's a necessity. I'm sorry that it's gotten off
on a tangent and there's been such a delay. 1 think that the longer it goes on the
longer these things fester and I would like to see a decision made before election
time. I think that if it's :possible it should be done. Thank you.
SUPERVISOR MURPHY: Thank you, Alvah. Is there anyone else would like to
address the Town Board? (No response.) If not I would like to entertain a motion
to recess to finish the audit of the bills and to write up the finaf resolutions. Thank
you for your patience.
Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was
RESOLVED that this Town Board meeting be and hereby is recessed at 8:55 P.M.
Vote of the Town Board: . Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
8:58 P.M. - The Board audited the remaining outstanding vouchers..
9: 10 P.M. - The Board reviewed and formulated resolutions for the following waiver
applications under Local Law No. 14 - 1985: Edmund and Joan Pressler (resolution
No. 25) , Garrett A. Strang, on behalf of Sterling Idea Venters (resolution No. 26) ,
_James F. Homan (resolution No. 27) , Richard F. Walsh, Vice President of W.B.W.
Corp. (resolution No. 28) , Frank and Diane C. Ammirati (resolution No. 29) , John F.
deReeder, on behalf of Joseph Stocken (resolution No. 30), Michael and Joy Domino
(resolution No,. 31) .
9:40 P.M. = Regular Meeting reopened.
Moved by Councilwoman Cochran, seconded by Councilman Townsend, it was
RESOLVED that the following audited bills be and hereby are ordered paid: General
Fund Whole Town bills in. the amount of $39,606. 01; General Fund Part Town bills
in the amount of $21,950. 96; Highway Department bills in the amount of $46,016.69;
Fishers Island Ferry District bills in the amount of $6,652.25; Federal Revenue
Sharing bills in the amount of $731.75; Southold Wastewater Treatment Plant bills
in the amount of $139,630. 05.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Council an Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
25. Moved by Councilwoman Cochran, seconded ,,by Councilman Schondebare,
WHEREAS, Gary Flanner. Olsen,,on behalf of Edmund and Joan Pressler, has
requested that this Board waive the provisions of Local Law No. 14 - 1985 with
respect to their application presently-pending before the Southold Town Planning
Board for site plan approval, -and
WHEREAS, Edmund Pressler appeared before this Board and explained the nature
of the uses for which he proposes to use the premises in question, and
WHEREAS, this Board funds that the applicants propose to use the first floor of
the premises for an antique shop and second floor thereof for apartment purposes,
and
WHEREAS, this Board deems such use consistent with the uses in a Hamlet Business
District as proposed by Raymond, Parish, Pine, 8 Weiner, Inc.'s .Master Plan Update
Zoninq Code revisions,
NOW, THEREFORE,. BE .IT RESOLVED that the applicants be and they hereby are
granted a waiver of the provisions of Local. Law. No. 14 - 1985 'to the extend of
permitting such uses on said premises as set forth in their application presently
pending before the Southold-Town .Planning Board for site plan approval, subject,
however, to. the applicants obtaining any and all. permits and approvals required
by all Town and other governmental agencies having jurisdiction thereof.
25.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman' Schondebare,
Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
26. Moved by Councilwoman Cochran, seconded by Councilman Schondebare,
WHEREAS, Garrett A. Strang, on behalf of Sterling Idea Ventures, has requested
that this Board waive .the provisions of Local Law No. 14 - 1985 with respect to
72 OCTOBER 8, 1985
their applications presently- pending before the Southold Town Planning Board for
site plan approval, and the Southold Town Building Inspector for a building permit,
and -
WHEREAS, this Board. finds that the applicant proposes to use the premises for
professional offices, and
WHEREAS, this Board deems- such use consistent with the uses. in a Limited Business
District as proposed by Raymond, Parish, Pine, & Weiner, Inc.'s .Master Plan Update
Zoning Code revisions,
NOW, THEREFORE, BE IT RESOLVED that the applicant be and they hereby are
granted a waiver of the provisions of Local Law No. 14 - 1985 to the extent of
permitting such uses on said premises as set forth in their applications: presently
pending before the Southold -Town Planning Board for site plan approval, and
Southold Town Building Inspector for a building permit, subject, however, to the
applicant obtaining any and all .permits and approvals required by all Town -and
other`governmental agencies having jurisdiction thereof.
Z6.-Vo e of the Torn board: Ayes: Councilwoman Cochran, Councilman Schondebare,,
Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
27. Moved by Supervisor Murphy, seconded by Councilman Townsend,
WHEREAS, James F. Homan has requested this. Board waive the provisions of Local
Law No.' 14 - 1985. with respect to his application presently pending before the
Southold Town Building Inspector for a building permit, and
WHEREAS,: James F. Homan appeared before this Board and explained the .nature
of the uses for which he proposes to use the premises in question, and
WHEREAS, .this Board finds that the applicant proposes to construct a new building
to be attached to existing structures, and
WHEREAS, this Board deems such use consistent with the uses in a B-1 General
Business District as proposed by Raymond, Parish, Pine, & Weiner, Inc.'s Master
Plan Update Zoning Code revisions,
NOW, THEREFORE, BE 1T RESOLVED that the applicant be and he hereby is
granted a waiver of the provisions of Local Law. No.' 14 - :1985 to-the extent of
permitting such uses on said' premises as set forth in his application presently
pending before the Southold Town Building Inspector for a building permit, subject,
however, to the applicant obtaining any and all permits and approvals required by
all Town and other governmental agencies having jurisdiction thereof.
27.-Vote of the Town Board.- Ayes: , Councilwoman Cochran, Councilman Schondebare,
Councilman Townsend, Supervisor Murphy.
This ,resolution was declared duly ADOPTED.
28. Moved by Councilman Schondebare, seconded by Councilwoman Cochran,
WHEREAS, Richard. F. Wal:sh,. Vice President of W.B.W. Corp. has requested that
this Board waive the provisions of. Local. Law. No. 14 - 1985-with respect to his
application presently pending before the Southold.-Town Building Inspector for a
building permit, and
WHEREAS, Richard F. Walsh appeared before this Board and explained the nature_
of the uses for which he proposes to use' the premises in question, and
WHEREAS, this Board funds that the applicant proposes to construct a retail
shopping center, and -
WHEREAS, this Board deems such use consistent with the uses in the B-1 General
Business District as proposed by Raymond, Parish, Pine, Weiner, Inc.'s- Master
Plan Update Zoning Code revisions,
NOW, THEREFORE, BE IT .RESOLVED thatAhe applicant be and he her is .granted
a waiver of the provisions of Local. Law. No. 14 - 1985 to the extent of permitting
such uses on said premises as set forth. in' his 'application presently .pendin.g before
the Southold Town Building Inspector for a building permit, subject, however, to
the applicant obtaining any and all permits and approvals required by all Town and
other governmental agencies having jurisdiction, thereof.
28.-Vote of the Town ,Board: Ayes: - Councilwoman Cochran, Councilman' Schondebare,
Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
29. Moved by Councilwoman Cochran, seconded by Councilman Schondebare,
WHEREAS, Gary: Flanner. Olsen, on behalf -of. Frank and Diane C. Ammirati, has
requested that this Board. waive the provisions of. Local. Law. No. 14 - 1985. with
respect'to their application' presently pending before the Southold.Town Planning
Board for site plan approval and the Southold Town Zoning -Board of Appeals for
a special exception approval, and
WHEREAS, Frank and Diane C. Ammirati appeared before this Board and explained
the nature-of the uses for which they propose to use the premises in question, and
WHEREAS, this Board finds ..that the applicants propose to convert an existing
building for retail sales of prepared foods and specialty items, as well as catering
services, and
WHEREAS, this Board deems such use consistent with the uses in a Hamlet Business
District as proposed by Raymond, Parish, <Pine, E Weiner, Inc.'s.Master Plan Update .
Zoning Code revisions,
NOW, THEREFORE, BE .IT RESOLVED that the applicants be-and they hereby are
granted a waiver of the provisions of Local Law. No. 14 - 1985 to the extent of
OCTOBER 8, 1985
73
permitting such uses on said* premises as set forth in*their applications presently
pending before. the Southold'.Town Planning',`Board for site plan approval and the
Southold-.Town Zoning Board of Appeals for a special exception approval, subject;..
however, to the applicants obtaining any and all permits and approvals -required
by all Town and other governmental agencies having jurisdiction thereof.
he iO. l Board: Ayes: . uciCl{6Om7n COCl '' i, CGG 'Ci1Gci .cCiiO►rehare29.-Vote of
Councilman ownsend, Supervisor Murphy.-
This resolution was declared duly ADOPTED.
30. Moved by Councilman Schondebare, seconded by Councilwoman Cochran,
WHEREAS, John F. deReeder, on behalf of Joseph Stocken, has requestea this
Board waive the provisions of Local Law No. 14 - :1985. with respect to his applica-
tions about to be filed with the Southold Town Planning Board and Southold_ Town
Building Inspector, and
Iu1_!,rnr.nC- I_E r_ .a_r� ,_.�_._ .__. _ 1 4.,i aL.: Rr•. rJ hoP,,Jf of Inconh
.....�i'•.....v, ry lid • ................. . �..f........ .._.. :...—._. .. ,..._— .___. —'r __ �._..—.. .. ___�,_ .
Stocken, and explained the nature of the uses for which he proposes to use the
premises in question, and
WHEREAS, this Board finds that the applicant proposes to divide one (1) retail
store into two (2) retail stores,' and
WHEREAS, this Board deems such use consistent with the uses in a Hamlet .Business
District as proposed by Raymond, Parish', Pine, E Weiner, Inc.'s ..Master Plan Update
Zoning Code revisions,
NOW,. THEREFORE, BE .IT RESOLVED that the applicant be and he hereby is granted
a waiver of the provisions of. Local Law. No. .14 - 1985 to the extent of permitting such
uses on said premises as set forth in' his applications about to be filed with the
Southold'Town Planning Board, and Southold Town Building. Inspector, subject, how-
ever, to the applicant obtaining any and all permits and approvals required by all
Town and. other governmental agencies' having jurisdiction thereof.
30.-Vote of the Town Board: ' Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
31;Moved by Councilman Schondebare, seconded by Councilwoman Cochran,
WHEREAS Michael and Joy Domino have requested that this Board waive the
provisions of. Local Law No. 14 - .1985 with. respect to their application presently
pending before the Southold-Town Planning Board for site plan approval, and
WHEREAS, ,Joy Domino appeared before this Board and explained the nature of
the uses for .which they propose to use the premises in question, and
WHEREAS, this. Board finds that the applicants propose to construct a retail build-
ing, and
WHEREAS, this 'Board deems such use consistent with the uses in B-1 General
Business District as proposed by Raymond, Parish, Pine, 8 Weiner, lnc.!s Master
Plan Update Zoning Code revisions,
NOW,. THEREFORE, .BE .IT RESOLVED 'that the. applicants be and hereby are granted
a waiver of the provisions of Local. Law No. 14 - 1985' 'to the extent of permitting
such uses on said premises as set forth in .their application presently pending before-
the Southold Town Planning Board for site plan approval, .subject, however, to the
applicants obtaining any and all permits and approvals .requi red by all Town and
.other governmental agencies having jurisdiction thereof.
31._.Vote of the Town' Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Townsend, Supervisor Murphy.
IThis resolution was.- declared duly ADOPTED.
(Resolution No. 32, setting a hearinTon the John A. Costello petition for a Change
of Zone, was adopted prior to the recess,)
Town Attorney Tasker -advised the Town Board that the petition of Theodore Laoudis
for relief from the. Bulk requirements of the Zoning Code, pursuant to Section 100-.31A
thereof, with respect to a proposed major subdivision to be known as "Angel Shore
Estates", which was granted by the Town Board on August 28,�.1984,. has been
remanded back to the Town Board by Supreme Court. Judge Alfred M.. Lama, 'as a
result of the action of Harold Wohl and Esther M. Wohl, Petitioners, against Theodore
Laoudis; Town of Southold; Suffolk County,. New York;. and the Planning Board of
the Town of Southold, Respondents.
33. Moved by Councilman Schondebare, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 8:00 P.M. ,
Tuesday, October 29, 1985, Southold Town .Hall, Main Road, Southold, New York,
as time and place for a rehearing on the petition of Theodore Laoudis for relief
from the Bulk Requirements of the Zoning Code of the Town of Southold, pursuant
to Section 100-31A.thereof, with respect to a proposed major subdivision to be
known as "Angel Shore Estates", situate at Bayview, Southold, New York, all in
accordance with the order of Supreme Court Judge Alfred M. Lama.
33.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
74
OCTOBER 8, 1985
Moved by Councilwoman Cochran, seconded by Councilman Townsend, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 9:45 P.M.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Townsend, Supervisor Murphy.
This resolution -was declared duly ADOPTED.
Ajudlith T. Terry
Southold Town Clerk