HomeMy WebLinkAboutTB-04/24/1984 145
SOUTHOLD. TOWN BOARD
APRIL 24, •1984
WORK SESSION
10: 10 A.M.- --- The Board .had-planned- to- meet with Al. Eid and .his associate,
field audit6rso for the New York State Department of Audit and Control, but'.
were advised by the auditors they were in the process of making their final
report and were not prepared to talk to the Board at this time.
10:.15 A.M. - Mr. Henry Montroy, Lower Road, Southold; asked to speak to
the Board• concerning the drainage problem which has occurred around the
house he rents from Goldsmith. He att' ibutes the problem to the farmland
of Mr. Bougivic: He said he has has water in hiscellar, and has 'had to.
drain the cesspool twice and it 'is bubbling over again today. He had spoken
to Superintendent of Highways Dean several years ago, but the problem has
not been resolved. Supervisor Murphy said the only solution is to buy or
condemn the farmland and he-will look:into what, can be done.
10:23 A.M. - Mr. James Bitses:.returned to the Board, concerning his proposal
for establishment of a town electric utility district. He has gone over his ' .
figures with James Monsell, Superintendent of Utilities for the. Village of
Greenport and Mr..- Bitses .estimates the Town is paying over 6. 6. million
dollars a year in overcharges. He recommends the Town takeover LIL.CO's
lines. •Supervisor Murphy asked Mr. Bitses to come back to the Board with
accurate figures for such a acquisition' and the legal grounds for same.
10:28 A.M. - Mr. Wayne DePetris, President of the North Fork Little League:,
presented' his proposal to the Board for the purchase of equipment from the
Southold Little. League., which would .in turn be purchased by the Town for
use by the North Fork Little League. The problem arose in 1983 when bills
for the equipment were not submitted to the Town for payment 'and North
Fork lost their $1400.00. allocation in that budget. Mr. DePetris is 'attempting
to correct this problem by the aforesaid purchase. The Board agreed that
this would be the best solution and placed'a resolution (No. 33) on the agenda
for this purchase from the 1984 allocation.
14: 35 A.M. - The Board discussed the possibility of allowing elected and
appointed officials to participate in the Benefit Fund which provides or
dental and eyeglass plans, and what, criteria to establish for participation.--
They also reviewed the Planning g Consultant agreement for David Emilita, and
determine t at Mr. Emilita should report to the Panning Board on those
matters in'their 'realm, and to the Town Board on planning projects requested
by them which are outside of the Planning Board's jurisdiction. Liability
insurance and total amount of the agreement was discussed and revisions will
be made to the contract.--There was discussion relative to the latest information
concerning the unsafe status of the Orient Point Inn. Town Attorney Tasker
said- he ha been contacted by Mr. William Esseks, who is now representing
.the owner of the Inn, Nicholas' Schick. Supervisor Murphy said he would
speak to Mr. Esseks concerning a solution to the problem.--The Board discussed
the 1.984 Seed Clam Program. It was decided to accept the proposal of Paul
Flagg who has administered the program for the past two years, at a 1984
fee of $4100.00. With reference to the _proposal of Steve Malinowski of Fishers
Island to administer the program, it was decided that Mr. Malinowski should
administer the scallop program on Fishers Island, with the Town buying the
material for the rafts and the seed. Councilman Townsend strongly questioned
the need for Mr. Flagg, stating that his cost is inflating the cost of the program,
which he is not. convinced should be on such a large scale.--The Board discussed
the pending dec1si9n_•.., on the Dalchet, et. al. change of zone petition, and placed
a resolution (No. 35(a) and (b)) on the agenda for a decision. ,
EXECUTIVE SESSION
12:25 P.M. - Building Inspector Curtis Horton met with the Board to discuss
an impassable road situation in a new subdivision where construction is currently
takin,a place.
146 APRIL 24, 1984
12:55 P.M. - Recess for lunch.
2: 15 P.M. - Work Session reconvened. The Board discussed the letter of
Steve Malinowski, Fishers Island, proposing an Island-wide mosquito control
project, at an estimated cost of $13,000. 00 for 1984. Supervisor Murphy will
respond to Mr. Malinowski advising him that Suffolk County Vector Control
will supply the spraying product needed, and the Highway Department will
supply the fogger and the Highway Department,employees on Fishers Island
will do the work. All this will be at a faction of the cost propaEed.--Letter
from Town Justice Edwards was discussed #1 - request to rehire John�lavin
and Steve Malinowski as Bay Constables for Fishers Island for the 1984 season:.
A resolution will be placer or, the Way 8th agenda tc do this. �2. Request to
go to bid for paint, place, remove and store the channel markers in'West Harbor,
Fishers Island. Justice Edwards was asked to seek proposals on the Island, as
the cost would not require formal bidding. #3 Possibility of retaining the use
of the Fire House on Fishers Island for his court room. The lease has been
dropped and arrangements have been made for a room at the theatre building.
#4. Request to go to bid to complete the tennis court lighting. Supervisor
Murphy said he was under the impression this was complete, but will check
it out. #5. Request to be compenstated for his travel expenses while on the
mainland, as allowed in Local Law No. 2 - 1975. The entire Board agreed that
Justice Edwards should continue to use the gas from the pump at the Highway
Department and the Highway will voucher the Town Justice account. #6. Request
to appoint Mrs. Judith Edwards as his court clerk-secretary. A resolution
will be placed on the May 8th agenda.
3:00 P.M. - Work Session adjourned.
REGULAR MEETING
3:00. P.M.
A Regular Meeting of the Southold Town Board was held on Tuesday, -
April 14, 1984, at the Southold Town Hall, Main Road, Southold, New York.
Supervisor Murphy opened the meeting at 3:00 P.M. with the Pledge of Allegiance
to the Flag.
Present: Supervisor Francs J. Murphy
Councilman Joseph L. Townsend, Jr.
Justice Raymond W. Edwards
Councilman Paul Stoutenburgh
Councilman James A. Schondebare
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
Superintendent of Highways Raymond C. Dean
Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was
RESOLVED that the minutes of the Southold Town Board Regular Meeting of
April 10, 1984 and Special Meeting of April 17, 1984 be and hereby are approved.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: 1'd like to have a resolution setting the next meeting
as May 8, 1984, at 7:30 P.M. , Southold Town Hall.
Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare, it was
RESOLVED that the next Regular Meeting of the Southold Town Board will -be
held,.at.:7: 30 P.M. , Tuesday, May 8,. 1984, ..at. the..Southold Town Hall; _Main Road,
Southold New. York.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
APRIL 24, 1984 1 4 7
I. REPORTS.
SUPERVISOR MURPHY: 1. Assessors monthly report- April 1984.
2. Town Justice Price's monthly report - April 1984.
3. Suffolk County Department of Labor - April 1984.
4. Town Justice monthly report - Judge Edwards from Fishers Island,
for March 1984.
5. Southold Town's representative on the Solar Energy Commission -
Donald G. Feiler's report: - April 1984.
6. Councilmen's reports. Jay?
COUNCILMAN SCHONDEBARE: Nothing to report.
SUPERVISOR MURPHY: Joseph?
r
COUNCILMAN TOWNSEND: Just a little excitement in the ongoing negotiations
.about the dog pound, and basically where we stand is the Animal Welfare League
has agreed to sign the contract as is, if Greenport agrees to co-sign with them
a letter of intent, wherein they stipulate the reservations that the Welfare League
has about the proposed- contract. Those reservations include, excessive dumping
of dogs during the first month, how the warden is going to be trained. ' I called
every member of the Village Board and they agreed to sign this letter. At the
meeting, however, they wanted the signing to be simultaneously with the' signing
of the contract and the Village Board members instructed their attorney to call
the Animal Welfare League attorney to arrange this joint signing process. Rut
think we're just about there. The Village held off passing their leash law until
this signing could take place. I was talking to the Village Attorney afterwards
and he said that after this lengthy discussion on the dogs, he walked outside
and got jumped by some sort of Weimaraner or something. So that's where we
stand there. Hopefully by our next meeting the thing will be resolved.--We had
a Landfill meeting. Everything seems to be' going swimmingly at the moment,
especially after this last rain. We're making progress. The building is just
about complete. I saw on there we have a request from the builder to review
the--to go over the building for final inspection and we had interviews., which
did not participate in; but interviews for the people that are going to be at
the gatehouse. I think twenty to twenty-five people showed up. That's about
it.
SUPERVISOR MURPHY: Thank you. Paul?
COUNCILMAN STOUTENBURGH: You asked me to attend a meeting of A.S.K. ,
which is a program that the county runs in Suffolk County, and I attended it
in' Riverhead on April 17th. East Hampton, Riverhead, representative from
Blass' office was there, legal aide person was there, and two other county
officials were there, and what this A.S.K. program is is a clearinghouse for
problems that come before the town or anyone else as far as where to get
information. In other words, if 'we had a child who had run away from home,
who would we seek if there was someone wanted to adopt a child, who would
we go to. Matter of fact there are 600 categories of problems that come before
this group and the towns were asked to put their input and see if they could
be of any help and after discussing the program, most felt that there was
adequate stations, and they call them stations, these are receiving areas, that
could take these communications. In Southold, for instance, we have CAST,
and we also have the North Fork Counseling Service, and so if we have any
reports that. come into our Town Hall here, it would be ideally sent to these
two stations and then they, havin a file from this organization called A.S.K. ,
this list of people who they can th g en suggest to get aid from, and Judy, I'll
leave this material with you and your office can probably duplicate it and
pass it on to Chris in case she gets some of it. Basically the people thought
it was a very worthwhile organization, but didn't feel that the Town itself,
or the towns wanted to get involved, because they are asking for a full-time
person and I don't think we want to designate, or set up someone full-time
just to receive these, when we have two stations in the Town that can do it.
So I attended that. I also attended the Water Advisory Committee's meeting
last night which was most interesting because they had invited representatives
from filtering companies and from the organization that represented them.
There's an association that represents all these filtering companies throughout
the whole state and the whole idea of it is is that we're asking them for input
so that we can set up a water district in the Town of Southold. As you know,
we're kind of against the idea of. having water mains brought in because of the
high cost, and the only alternative, logical alternative, would be that we-would
have filtering systems at each individual home, and that this would be under a
filtering district-water district kind of thing, and we're feeling our way, or
that organization is feeling its way, .very concerned, very active. These
manufacturers are going to come back in' the next probably three or four
weeks, with a proposal that we would be able to give some concrete cost as
to how these would be done. One of the major, concerns of this whole thing
148 APRIL 24, 1984
was that the filters that would go in, how do we make sure that they are
acting the way they're supposed to, and they have good service behind them,
and so it was throught that perhaps maybe some pilot projects could be set
up in the Town where these could be tried out 'on a trial basis, hoping that
we'd be able to filter from this material the ones that would be really worthwhile
backing. So basically, on the next meeting, which is on May 14th, the Water
Advisory Committee will have something to look over and I think we'll pass this
information on to the Town Board. But it was nice to see how many people
they had out and the interest that was there. That's all I have.
SUPERVISOR MURPHY: Thank you, Paul. Judge Edwards?
JUSTICE EDWARDS: Just that I did hand carry over a set of specifications
for the Town Clerk, of the new ferryboat, with the design of the new ferry-
boat, for the office in here. It's going out to bid publicly, I believe, before
this month is out. And also we did have a lot of discussions on Fishers Island
projects at the Work Session, which I was very glad to see. Thank you.
SUPERIVSOR MURPHY: Thank you, Ray. The Supervisor's report, I'd like
to report that the people who own KOA notified me that the fence contract is
out and the fence should be installed very shortly on their property. I did
attend various meeting, quite a few for the last two weeks, and we've been
extremely busy and happy to report that we are getting assistance from the
federal government, we have been declared a disaster area, and money is
available. It took a lot of work on the Highway Superintendent, my part,
my staff and all, but we are getting results, which is very rewarding. Lastly,
taught my first college class yesterday. I was a guest speaker on a political
science course over in Southampton. It was very interesting.
11. PUBLIC NOTICES.
SUPERVISOR MURPHY: I'd .like to, in the very beginning, state that all of
these are on the Town Clerk's .Bulletin Board. Anyone who would be interested.
1. Corps of Engineers, application of Douglas F. Creighton to add additional
docking facilities, Greenport, Stirling Basin. Written comments by May 11, 1984.
2. New York State DEC, Notice of Complete Application of Steve Malinowski,
for off-bottom Culture of Shellfish on Fishers 1s.land. Written comments by May
4, 1984.
3. New York State Department of Environmental Conservation, Notice of
Complete Application by Constance Mapper, to subdivide 3.4 acres into two
parcels in Cutchoaue. Written comments by May 4, 1984.
4. Corps of Engineers, notice of application by New York Power Authority,
for proposal of a new power transmission, Marcy-South. Written comments by
May 2% 1984. 1 might add the Town has been very helpful in this 'project. It's
one way if'this goes through that we will have cheap electric power to Long
Island.
5. U. S. Corps of Engineers, notice of application of Richard Nass, for a
pile supported deck, walkway and ramp, Wells Avenue, Southold. Written
comments by May 4, 1984.
6. Letter from Gerald C. Crotty, State. of New York Executive Chamber,
and it's the Proclamation executed by the Governor• calling for a Special Election
on May 22, 1984, to fill the vacancy on, the Town Board. We received this
officially-on Friday morning from the Governor. '
7. Corps of Engineer, notice of application of Steve Malinowski to install
plastic .mesh structures filled with gravel to be used to grow hard clams. Written
comments by May 4, 1984.
8. New York State DEC, application for a discharge elimination system, the
SPEDES Permit for the Town of Southold Landfill. Comments by May 11, 1984.
Ill , COMMUNICATIGNS.�. .
SUPERVISOR MURPHY: Number 1 - The Automobile Association Newsletter on
raising the drinking age to 21.
2. From Peter Cohalan, Suffolk County Executive, thanking the Town for
their efforts on compiling the information they needed (re: :storm damage) .
3. A familiar letter from the Greenport-Southold Chamber of Commerce,
concerning the dog hotel, and our results. Councilman Townsend did report
on this already.
4. From Senator Moynihan thanking us for notifying him about the damage
that was done in the Town and his assistance, as well as Senator D'Amato's in
having Suffolk County declared a disaster area.
5. This is a very important. one for the people out here, and 1 wish that
the papers would pick it up, and anyone who. can go, it's an open house on
Sunday, April 29th at the Marine Science Center located at Cedar Beach,
Southold, from 1:00 P.M. to 4:00 P.M. It's a very interesting program, and
anyone who doesn't know about it really should stop down and see it. They
do a tremendous job.
APRIL 24, 1984 1 4 9
IV. PUBLIC HEARINGS.
SUPERVISOR MURPHY: We have ten minutes before we start our public hearings,
so we'll move on to Number V, Resolutions. Number 1 is the appointment of a
part-time radio dispatcher.
1. Moved by Councilman Schondebare, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Vincent Tirelli, Jr. as a Relief Public Safety Dispatcher for the Southold Town
Police Department effective this date, at a salary of $5.00 per hour.
SUPERVISOR MURPHY: Any questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 2 is a request for funds for the Greenport
Women's Softball League.
2. Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby allocates $600. 00
to the Greenport Women's Softball League for the purchase of equipment for their
.1984 season, and $500. 00 for the lighting charges at the Greenport Polo Field,
to be paid from A7320.4 Joint Youth Account.
SUPERVISOR MURPHY: Any questions on that? (No response.)
Vote of the Town Board: ._Ayes:., Councilman Schondebare, Councilman
Stoutenburgh,--Justice-Edwards;-Councilman Townsend; Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 3 is the Mattituck Women's Softball League.
3. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby allocates $400.00
from A 7320. 4 Joint Youth Account, to the Mattituck Women's Softball League for
the purchase of equipment for their 1984 season.
SUPERVISOR MURPHY: Any questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman .Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 4 is transfer of funds in the Year VI, Vlll,
and IX Community Development Funds.
4. Moved by Councilman Townsend, seconded by Justice Edwards, it was .
RESOLVED that the Town Board of the Town of Southold hereby authorizes
`-the following; Budget amendments to; the .Community .Development Year V1I ,
M-II and IX!Programs:
Current New
Project Budget Increase Decrease Budget
Mattituck Inlet
Acquisition FY 9 . $30, 000. 00 -0- $30,000.00 -0-
Mattituck Parking
Lot FY 8 $50,000. 00 $20,000.00 -0- $70,000. 00
Peconic Lane
Neighborhood
Center FY 7 $50,000. 00 $10,000.00 -0- $60,000.00
Net Change -0-
SUPERVISOR MURPHY: Any questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 5 1 think we should hold. We didn't discuss
it in the Work Session to come up with an amount. (Contribution toward East
End Art's and Humanities "Suburban Ethnicity: The Polish Americans on Long
Island" project.
COUNCILMAN STOUTENBURGH: Agreed.
COUNCILMAN TOWNSEND: What's normal?
15 0 APRIL 24, 1984
SUPERVISOR MURPHY: No, we've never had this request before and. we should
discuss it. We didn't have time.
COUNCILMAN TOWNSEND: All right.
SUPERVISOR MURPHY: Number 6 is lead agency.
6. Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby declares
itself lead agency in regard to the State Environmental Quality Review Act
in the matter of the petition of Peconic County Miniature Rail Road Co. , Ltd. ,
for a change of zone from "A" Residential' and Agricultural District to "13-1"
General Business District on certain' property located on the northerly side of
County Route 48, opposite Boisseau Avenue, Southold, New York.
SUPERVISOR MURPHY: Any questions ? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 7 is, to transmit a petition to the Town and
County Planning Boards.
7. Moved by Councilman Stoutenburgh, seconded by Justice Edwards,
WHEREAS, a petition was received from Peconic County Miniature Rail Road
Co. , Ltd. requesting a change of zone from "A" Residential and Agricultural
District to "B-1" General Business District on certain property located on the
northerly side of County Route 48, opposite Boisseau Avenue, Southold, New
York, now, therefore, be it
RESOLVED that the Town Clerk be and she hereby is authorized and directed
to transmit 'this petition to the Southold Town Planning Board and the Suffolk
County Department of Planning in accordance with the Southold Town Code
and Suffolk County Charter.
SUPERVISOR MURPHY: Any questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 8 and 9 we are going to hold. We had a
request from the attorney for this man who has a bulkhead application, to
hold it to our next meeting before we make a decision. (Enconsultants, Inc.,
on behalf of Paul, Kelly.) Number 10 is lead agency.
10. Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Southold Town Board declare itself lead agency in regard
to the State Environmental Quality Review Act in the matter of the application
of John P. Kowalski for a Wetland Permit on certain property located at 930
Ole Jule Lane, on a tributary of James Creek, Mattituck, New York.
SUPERVISOR MURPHY: Any questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend,' Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 11 is lead agency again.
11. Moved by Councilman Schondebare, seconded by Justice Edwards, it was
RESOLVED that. the Southold Town Board declares itself lead agency in regard
to the State Environmental Quality Review Act in the matter of the application
of Chester Dickerson for a Wetland Permit 'on certain property located on the
west side of Watersedge Way, on Peconic 'Bay, Southold, New York—
SUPERVISOR MURPHY: Any questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 12 is to appoint the Beach Manager for the
1984 season. .
12. Moved by Councilman Stoutenburgh, seconded by Councilman Townsend, it 'was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Robert Muir as Beach Manager for the 1984 season, at a salary of $3,000.00,
plus. mileage allowance of $.20 per mile for daily beach inspections.
APRIL 24, 1984 15
SUPERVISOR MURPHY: Any questions -at all? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: :.Number 13 is .to authorize Bob Muir to charge mileage
allowance of, $.20 to take students to Brookhaven National Laboratory pool for
lifeguard training.
13. Moved by. Supervisor Murphy, seconded by Councilman Schondebare, it,was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
mileage allowance of $. 20 per mile to Robert Muir, Beach Manager, to travel
to Brookhaven National Laboratory the weeks of April 16th and April 23rd.
for the purpose of supervising and instructing prospective Lifeguards for
Southold Town Beaches at the Brookhaven National Laboratory pool.
SUPERVISOR MURPHY: Any other questions on it? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 14-is to authorize me, to execute a contract.
14. Moved by Councilman Townsend, seconded by Justice. Edwards, it was
RESOLVED that the Town Board. of the Town of Southold hereby authorizes
and directs Supervisor Francis 'J. Murphy to execute a contract between the
Town of Southold and the Suffolk County Board of Elections for the leasing
of the Senior/Youth Recreation Center, Peconic Lane, Peconic, New York as
an official polling place for Election District.No. 10 on Primary and General
Election Days during .1984 and 1985, all in accordance with the two (2) year
contract as approved as to form and content by Town Attorney Tasker.
SUPERVISOR MURPHY: Any questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly "ADOPTED.
SUPERVISOR MURPHY: Number 15 is to set. a public 'hearing for Katherine
Farr at 3:00 P.M., Tuesday, May 8th.
15. Moved by Supervisor. Murphy, seconded by Councilman Schondebare, it 'was
RESOLVED that the Town Board of the Town of Southold hereby sets 3:00 P.M.
Tuesday, May 8,' 1984, Southold Town Hall, Main Road, Southold, New York as
time and place for a Public 'Hearing on the application of Enconsultants, Inc. , on
behalf of Katherine Farr, for a permit under the provisions of the Wetland Ordinance
of the Town of Southold to construct timber bulkheading, install float in front- of
proposed bulkhead, dredge in front of the bulkhead and place spoil on adjacent
upland as backfill for the bulkhead, on the west side of Manhanset Avenue, Sterling
Creek, Greenport, New York.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MUPRHY: Number 16 is authorize the payment for a lease.
16. Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the payment of $66.66 to the Fishers Island Fire District for the month of
April 1984 for room rent for Town Justice purposes.
SUPERVISOR MURPHY: Any questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 17 is 'to establish a Southold Land Preservation
Bank.
COUNCILMAN SCHONDEBARE: I thought we were ,going 'to hold on that one.
COUNCILMAN TOWNSEND: I would like a discussion on Number 17.
SUPERVISOR MURPHY: Yes, Joe, go ahead.
52
APRIL 24, 1984
COUNCILMAN TOWNSEND: Well, I don't know, just recently I got a copy of
a memorandum and 1 assume--is 'thiswritten by you, Bob?
COUNCILMAN SCHONDEBARE: It is, Bob's not here. I thought we were going
to table this one.
COUNCILMAN TOWNSEND: Maybe you said' so, but I didn't hear it in the
meeting.
SUPERVISOR MURPHY: You want to table it?
COUNCILMAN TOWNSEND: Well, the only thing is 'while I'm very much in favor
of the concept behind this thing, there's .such significant flaws in the bill that--
COUNCILMAN STOUTENBURGH: That's not what they're really asking for.
Read the last line, Joe. It says, "The Town Board of the Town of Southold
does not have the power to enact the legislation by Local Law."
SUPERVISOR MURPHY: . There's a public hearing that we're going to have on
it. This is where the input will go to the State.
COUNCILMAN TOWNSEND: All that Pm concerned about, that once the thing
goes to public hearing,• can you. change it.?
SUPERVISOR MURPHY: _ Oh, sure.
TOWN CLERK TERRY: We're not having a public hearing. We're having a
public informational meeting.
COUNCILMAN STOUTENBURGH: Sawicki is 'having a public informational
meeting.
COUNCILMAN TOWNSEND: See, the proposed legislation that I've seen---
SUPERVISOR MURPHY: This 'is not the final draft by no means, by absolutely
no means.
COUNCILMAN SCHONDEBARE: This 'is requesting enactment of Senate bill
No. 58737. This is what we have, 8737. 1 don't want this thing--
SUPERVISOR MURPHY: But that will' be changed probably fifteen times before
it's voted on by the Assembly. We don't vote on it, Jay.
COUNCILMAN SCHONDEBARE:, Yes, but I wouldn't even want to request that
this bill that I have in my hand be enacted. This is the one that you're asking
me to. "Hereby request the enactment of Senate bill." This is the Senate bill,
and this thing is terrible. I think we all agree this is 'terrible.
COUNCILMAN STOUTENBURGH: Well, here comes Bob, why don't you ask him.
COUNCILMAN TOWNSEND: Bob, we're discussing your memorandum regarding
the Senate bill and the Assembly bill on the two percent, fee actually. Regarding
our Resolution No. 17, are we not supporting that bill ' as it is written?
TOWN ATTORNEY TASKER: Yes.
COUNCILMAN TOWNSEND: And I think that would be a big mistake.
COUNCILMAN SCHONDEBARE: I would say that we table this.
TOWN ATTORNEY TASKER: Table it and propose amendments, because if 'you
give a Home Rule Message now you're going to have to give a Home Rule Message
again after---
SUPERVISOR MURPHY: Let's table it then.
COUNCILMAN TOWNSEND: I want to emphasize' that it's a very--I'm very much
in favor of the concept of the bill, but I can't let it go in the way it is:
COUNCILMAN SCHONDEBARE: That would apply to Resolution No. 18 (Assembly
bill No. A10559) as well.
COUNCILMAN TOWNSEND: You have to hire two new people, first of all, a
Conservation Officer and --- .
SUPERVISOR MURPHY: Okay, Number 19 is to reinstate Betty Wells to the
position. of Account Clerk for the Town of Southold.
APRIL 24, 1984 15
19. Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby reinstates Betty
Wells to the position of Account Clerk for the Town of Southold, in accordance
with the rules and regulations of the Suffolk County Department of Civil Service,
effective May 1, 1984, at a salary of $12,646.26 per annum.
SUPERVISOR MURPHY: This is 'a transfer from a job she had here. She trans-
ferred to the County and would like to transfer back here again. It can be done
this way. Any questions on it? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards; Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 20 is lead agency.
20. Moved by Justice Edwards, seconded by Councilman Schondebare, it was
RESOLVED that the Southold Town Board declare itself lead agency .in regard
to the State Environmental Quality REview Act in the .matter of the application
of Walter Trappe for a Wetland Permit 'on certain'property located on Corey
Creek, at the south side of Corey. Creek Lane, Southold, New York.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. .
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, at this time 1 would like to recess our regular
meeting to move on to item No. IV on our agenda, Public Hearings. We have
twelve scheduled for today.
Moved by Councilman Schondebare, seconded by Justice Edwards, it was
RESOLVED that this .Town Board meeting be recessed at this time, 3: 30 P.M. ,
for the purpose of holding the following public hearings:
3:30 P.M. - The Land Use Company, on behalf of North Fork Property
Development, for a Wetland Permit.'
3:32 P.M. - The Land Use Company, on behalf of North Fork Property
Development, for a Wetland Permit.
3:35 P.M. - Donald Weber, on behalf of K. W. Akeson, for a Wetland Permit.
3:37 P.M. - Ferucio Frankola for a Wetland Permit.
3: 40 P.M. - Enconsultants, Inc. , on behalf of Mattituck Inlet Marina, for a
Wetland Permit.
3:42 P.M. - Enconsultants, Inc. , on behalf of Robert Wilson, for a Wetland
Permit.'
3:45 P.M. - William Knoeller for a Wetland Permit.
3:47 P.M. - John G. Scott, III for a Wetland Permit.
3:50 P.M. - Latham Sand & Gravel, Inc., on behalf of John L. Braider,
for a Wetland Permit.
3:52 P.M. - James Kreh & Peter .Kreh for a Wetland Permit.
3:55 P.M.. - "A Local Law to Amend the Zoning Code in' relation to. the ' .
computation of the number of lots in'a Cluster Development."
4:00 P.M. - "A Local Law in relation to penalties for violations of the
Southold Town Zoning Code.";
Vote of the TownBoard Ayes:' Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman .Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
Meeting reconvened at 4:20 P.M.
SUPERVISOR MURPHY: We will' reopen the regular Town Board meeting, moving
back to Resolution No. 21.
21, Moved by Councilman Schondebare,.:seconded by Justice .Edwards, it was
RESOLVED'Ahat-the-Town Board:of.the Town. of Southold hereby accepts,
the proposal of Hoppy's Cleaners, Inc. , Front Street, Greenport, New York,
for the cleaning of the uniforms of the members of.the Southold Town Police
Department for the period from May 1, 1984 through April 30, 1985, as follows:
$ .74 Uniform Trousers
$ . 19 Uniform Long Sleeve Shirts
$ .74 Uniform Jackets
$ .54 Eisenhower Jackets
$1.24 Outer Jackets
No Charge: Jacket Liners, Uniform Sweaters, Neckties, Hats.
SUPERVISOR MURPHY: Any questions? (No response.)
Vote of the Town Board: . Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
154
54 APRIL 24, 1984
SUPERVISOR MURPHY: Number 22 is lead agency.
22. Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Southold Town Board declare itself lead agency in' regard
to the State Environmental Quality Review Act in the matter of the application
of Garrett A. Strang, on behalf of Michael DiCarlo, for a Wetland Permit on
certain property located on Town Creek,. at the north side of Calves Neck Road,
Southold, New York..
SUPERVISOR MURPHY: Any questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Homes for the Aging Week.
23. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh,
WHEREAS, nonprofit 'facilities for the aging in'Southold Town are providing
skilled and. compassionate. care and service for older Americans, and
WHEREAS, this care and service renders life more meaningful, dignified and
joyful for these elderly, and
WHEREAS, the Town of Southold recognizes the quality service and dedication
of those who provide care for the elderly in these facilities, and
WHEREAS, San Simeon by the Sound, a home for the aging in' the Town of
Southold, has designated May 6 through 13, 1984 as Older Americans Month
with the theme, 'Communities that Care: Through Service we Honor the
Aging," now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby proclaims
May 6, through 12, .1984 as HOMES FOR THE AGING WEEK in the Town of
Southold and urge the citizens of this.`community to honor and celebrate
this special event.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: _Number 24 is appointment to the Southold Town
Board of Appeals.
24. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was
RESOLVED that the Town Board of .the Town of Southold hereby appoints
Charles Grigonis,' Jr. a member of the Southold Town Board of Appeals,
effective April 30, .1984, for a five year term, to expire on April 30, 198901
at a salary of $4,320.00. per annum.
SUPERVISOR MURPHY: Any questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman.
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 25 is to appoint a new member to the Southold
Town Planning Board.
25. Moved by Councilman Schondebare, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Richard G. Ward a member of the Southold Town Plannino Board, effective
April 30, 1984, for a five. year term, to expire on April 30, 1989, at a salary
of $4,320.00 per annum.
SUPERVISOR MURPHY: Any questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
COUNCILMAN TOWNSEND: I'd like to make a comment.
SUPERVISOR MURPHY: I was just going to. Just for the official record at
this time, I would like to officially give the Town Board's thanks to Henry
Raynor who chose not to be reappointed to the Planning Board. I'd like to
thank him for his fifteen years of extremely dedicated service and good that
he's done for this Town. Joe, would you like to add to it?
COUNCILMAN:-TOWNSEND': 1'Well,' I'd also like to join Frank in my thanks to
him for his invaluable service to the Town. I'd also like to mention that we
had twelve applications for Planning Board member and about, eight for the
APRIL 24, .1984 5
Zoning Board of Appeals. There were some outstanding people that applied
for this position and I think the. people we chose were also outstanding, but
it's really encouraging to see this kind of participation, because these people
almost without exception, would be good, members of the various Boards and I
would like to encourage them to keep applying and keep an active interest in
the goings on of the Town, because the resumes were very very impressive.
That's all I have to say.
SUPERVISOR MURPHY: Thank you, Joseph. Moving on to Resolution No. 26
to purchase equipment for the Mattituck Slo-Pitch League.
26. Moved by Supervisor Murphy; seconded by Justice Edwards, it 'was
RESOLVED .that the Town Board of the Town of Southold hereby allocates
$900. 00 from A7320. 4 Joint Youth Account, to the Mattituck Slo-Pitch League,
for the purchaseof equipment for the •1984 season.
SUPERVISOR MURPHY: Any questions on it? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
Thisresolution was declared duly ADOPTED. -
SUPERVISOR MURPHY: Number 27 is 'an appointment.
27. Moved by Justice Edwards, seconded. by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Curtis. W. Horton to the position of Ordinance Inspector, from the Suffolk
County Department of Civil Service List, effective May 1, 1984, at a salary
of $20,'000.00 per annum.
SUPERVISOR MURPHY: Any questions?
COUNCILMAN TOWNSEND: Yes. Do we have this--I assume that he will be
turning over his old position, - which was at a salary of eighteen something, or
seventeen something?
SUPERVISOR MURPHY: Right.
COUNCILMAN TOWNSEND: Have we budgeted the additional money--money exists
in the budget now?
SUPERVISOR MURPHY: There's money in the budget for the salary, yes.
TOWN CLERK TERRY: Should there be something in there that rules out his
old position?
SUPERVISOR .MURPHY: Bob, on this position that he's been appointed to, part
of the work under Civil Service description--job description--is that he is a
Building Inspector, so this is not creating a problem, we're not creating two jobs.
TOWN ATTORNEY TASKER: No, you pay it out of the same line item as Building
Inspector.
SUPERVISOR MURPHY: Just adding to his duties.
TOWN ATTORNEY TASKER: He's already a Building Inspector and I guess this
is an assignment to a particular duty within the framework of the duties of
Building Inspector, because all Building Inspectors actually have enforcement
powers. I would think that the compensation would be paid out of the Building
Inspector's budget for personal services.
SUPERVISOR MURPHY: Thank you, Bob.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 28 is authorizing me to execute an agreement,
and you might note the 100% increase in the rent (from $1. 00 per year to
$2. 00 per year) .
28. Moved by Councilman Stoutenburgh, seconded by Supervisor Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Francis J. Murphy to execute an agreement between
Rothman's Department Store, Inc. and the Town of Southold for the lease of
a parcel of land used for parking purposes on the southerly side of Traveler
Street, Southold, New York, at an annual rent of $2.00 per year, effective
June 1, 1984 through May 31, 1989.
15 b APRIL 24, 1984
SUPERVISOR MURPHY: Any questions?
COUNCILMAN SCHONDEBARE: Did anybody try and negotiate with him on
this things?
SUPERVISOR MURPHY: Yes.
TOWN CLERK TERRY: I really had a hard job getting it down to $2. 00.
COUNCILMAN SCHONDEBARE: So long as we bargained hard.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 29 is to authorize a refund of a double
payment.
29. Moved by Councilman Townsend, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the refund of $100.00 to Lynn San Andres for the double payment of a Planning
Board fee for Minor Subdivision No. 402.
SUPERVISOR MURPHY: Any questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 30 is to execute an agreement for the Suffolk
County DWI."Program.
30. Moved by Councilman Schondebare, seconded by Supervisor Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Francis 'J. Murphy to execute an agreement between
the County of Suffolk and the Town of Southold for Southold Town's participation
in New York State Special Traffic Options (STOP-DWI) Program, effective
January 1, 1984 through December 31, 1984, whereby the Town of Southold is
eligible for $3,600.00 for the purposes of enhancement of these enforcement
services.
Vote of the Town Board: Ayes: . Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
COUNCILMAN SCHONDEBARE: Frank, you might want to tell them that we
ran out of the agenda.
SUPERVISOR MURPHY: Number 30 was the first one that was added on this '
morning and we're probably going to add up with 21 more. Fifty-one
resolutions total. Number 31 is to allocate $283. 00 from Civil Defense.
31. Moved by Supervisor Murphy, seconded by Councilman Schondebare -.it.was
i - c RESOLVED that the Town: Board .of the._Town_• of, Southold .h-ereby- allocates
$283.'00 from A,3640. 4--- Civil Defense, for the Town's contribution toward the
payment of insurance premium from Brouwer Marine Insurance Corp. for the
U. S. Coast Guard Auxiliary's landing site at Mattituck Creek.
SUPERVISOR MURPHY: Any questions on it? (No response.) This is a
savings, we had budgeted $350.00 last. year,.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 32 is concerning the Special Election we're
going to have in Southold Town.
32. Moved by Councilman Schondebare, seconded by Councilman Townsend,
WHEREAS, a vacancy exists in the office of Councilman in the Town
of Southold, and
WHEREAS, this board was unable to fill such vacancy, and requested
the Governor of the State of New York make Proclamation of a special
election to fill such vacancy, pursuant to the provisions of Section 42 of
the Public Officers Law, and
APRIL 24, 1984 1 5 7
WHEREAS, the Governor of the State of New York, on April 18, 1984,
executed a Proclamation ordering and proclaiming that an' .election for
Councilman, Town of Southold, County of Suffolk be held on the 22nd day
of May, 1984, such election to be conducted in the manner prescribed by
law for the election of Town Councilmen.
NOW, THEREFORE, IT IS RESOLVED as follows:
1. That a special Town election shall be held on Tuesday, May 22,
1984, pursuant to a proclamation made by the Governor of the State of
New York for the purpose of electing one Councilman to fill the vacancy in
said office caused by the election of the incumbent to the office of
Supervisor of the Town of Southold.
2. That the hours during which the polls shall remain open for such
election shall be . from 6:00 O'Clock A.M. until 9: 00 O'Clock P.M. ,
prevailing time, or so much longer ' as may be necessary to enable the
voters then present to cast their votes, and
3. That the polling places at which the voters at each election
District in the Town of Southold shall vote are as follows:
Election District Polling Place
No. 1 - Fishers Island Fishers Island Firehouse
Fishers Island, .New York
No. 2 - Orient Orient Public Hall
Skippers Lane
Orient, New York
No. 3 - East Marion East Marion Firemen's Hall
Main Road
East Marion, New York
...No. 4 - Greenport Greenport Methodist Church
Main Street
Greenport, New York
No. 5 - Greenport Greenport Methodist Church
Main Street
Greenport, New York
No. 6 - Greenport Greenport Fire House
236 Third Street
Greenport, New York
No. 7 - Greenport St. Agnes Hall
Sixth and Wiggins Street
.:Greenport, New York
No. 8 - Southold Southold Firehouse
Main Street
Southold, New York
No. 9 - Southold Southold Senior High School
Oaklawn Avenue
Southold, New York
No. 10 - Peconic-Cutchogue Senior-Youth Recreation Center
Peconic Lane
Peconic, New York
No. 11 - Cutchogue-New Suffolk Cutchogue Firehouse
New Suffolk Lane
Cutchogue, New York
1 5 8 APRIL 24, 1984
No. 12 - Mattituck-Laurel Mattituck High School
Main Road
Mattituck, New York
--No. 13 - Mattituck-Laurel Raymond Cleaves American Legion Post
600 Wickham Avenue
Mattituck, New York
No. 14 - Southold Southold Senior High School
Oaklawn Avenue
Southold, New York
No. 15 - Mattituck-Cutchogue Mattituck High School
Main Road
Mattituck, New York
No. 16 - Mattituck-Cutchogue Raymond Cleaves American Legion Post
600 Wickham.Avenue
Mattituck, New York
No. 17 - Peconic-Cutchogue Cutchogue Elementary School East
Main Road
Cutchogue, New York
No. 18 - Cutchogue-New Suffolk Cutchogue Grammar School West
Depot Lane
Cutchogue, New York
No. 19 - Southold Southold Senior High School
Oaklawn Avenue
Southold, New York
4. That the Town Clerk be and she hereby is authorized and directed
to cause notice of such :election to be posted and published in the Suffolk
Times and the Long Island Traveler Watchman, newspapers published in the
Town, in the time and manner required by law.
COUNCILMAN TOWNSEND: This 'is the vacancy that exists where we've been
authorized by the Governor to hold a Special Election on May 22nd.
TOWN CLERK TERRY: The polls will be open from 6:00 A.M. to 9:00 P.M. ,
and the Town Clerk will publish notice in the local newspapers.
COUNCILMAN SCHONDEBARE: I would just like to say that we asked him back
in January to hold this election. I don't know what he's beendoing for the last
five months.
COUNCILMAN STOUTENBURG'H: He's got nothing to do.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 33 is 'the allocation for the North Fork Little
League.
33. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby allocates
$1,400.00 from A7320. 4 Joint Youth Account to the North Fork Little League
for the purchase of equipment from the Southold Little League by the Town.
SUPERVISOR MURPHY: Any other questions on it? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
34. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it 'was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
proposal of Paul J. Flagg, Marine Scientist, for the management, scientific
monitoring and advisor for the 1984 Southold Town Seed Clam and Scallop
Program, all in accordance with Mr. Flagg's .proposal dated April 6, 1984,
at the annual sum of $4,100.00.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy. No: Councilman Townsend.
Th;c rocnl..+;-- ... ..t,,-I-,.-A A..1- n nnnrr_n
APRIL 24, 1984 1 5 9
SUPERVISOR MURPHY: Number 35(a) is'a`negative determination on the
Environmental Impact Statement of Dalchet Corporation.
35. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
(a) RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law State Environmental Quality Review and 6NYCRR Part 617, Section
617. 10 and Chapter 44 of the Code of the Town of Southold, notice is
hereby given that the Southold Town Board, as lead agency for the action
described below, has determined that the project, which is unlisted, will
not have a significant effect on the environment.
Description of Action: Petition of Dlachet Corporation, James R. Fogarty,
Georgianna Fogarty, John Pung, Irwin S. Kruger, Reynold F. Blum, William
A Littell, and Nancy Glover Victoria for a change of zone from "A" Residential
and Agricultural District to "B" General Business District on certain property
located east of Stillwater Avenue and west of Harbor Lane, on Route 25,
Cutchogue, New York.
The project has been determined not to have a significant effect on the
environment for the following reasons: A Draft Environmental Impact Statement
has been submitted and a public hearing held on same and it is 'the conclusion
of the Town Board that_ there will be no significant adverse effect to the environ-
ment should the project be implemented as planned.
SUPERVISOR MURPHY: Any questions on it? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 35(b) is 'a determination on the zone change
for Dalchet Corporation, et. al. which is not to grant the zone change. Bob,
again; do we need the reasons in' now?
TOWN ATTORNEY TASKER: You need reasons.
35. Moved by Supervisor Murphy, seconded by Councilman Schondebare,
(b) WHEREAS, Dalchet Corporation, James R. Fogarty, Georgianna Fogarty, John
Pung, Irwin S. Kruger, Reynold F. Blum, William A. Littell, and Nancy Glover
Victoria, by petition dated February 22, 1983, applied to the Town Board of
the Town of Southold for a change of zone on certain property situated east of
Stillwater Avenue and west of Harbor Lane, on Route 25, Cutchogue, New York,
from "A" Residential and Agricultural District to "B-1" General Business. Dis-
trict, and
WHEREAS, the said petition was referred to the Southold Town Planning Board
and Suffolk County Department of Planning for official recommendations and
report, and
WHEREAS, the Town Board, pursuant to due notice, held a public hearing
thereon on the 14th day of February, 1984, at 8:00 P.M. , at which time all
interested persons were given an opportunity to be heard, now, therefore,
be it ,.
RESOLVED that Dalchet Corporation, James R. Fogarty, Georgianna Fogarty,
John Pung, Irwin S. Kruger, Reynold F. Blum, William A. Littell and Nancy
Glover Victoria be denied a change of zone from "A" Residential and Agri- .
cultural District to "13-1" General Business District on the aforementioned
property at Cutchogue, New York, for the following reasons: (1) The
requested• change of zone is not consistent with the present Southold Town
Master Plan, and (2) it has not been demonstrated to the Town Board that
there is 'a need for additional "B-1" General Business District in' said location.
COUNCILMAN SCHONDEBARE: I would just like to say that this one was
probably the closest I have had to decide one way or the other.
COUNCILMAN STOUTENBURGH: Me too.
COUNCILMAN SCHONDEBARE: It was very very. close.
SUPERVISOR MURPHY: Okay, any other comments? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, . Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 36 is a negative determination on Fischetti
Wetland Application.
36. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law State Environmental Quality Review and 6NYCRR Part 617, Section
617. 10 and Chapter 44 of the Code of the Town of Southold, notice is
160 APRIL 24, 1984
hereby given that the Southold Town Board,. as lead agency for the action
described below, has determined that the project, which is unlisted, will
not have a significant effect on the environment.
Description of Action: Application of Joseph Fischetti for a Wetland Permit
to install upland bulkhead, return, fixed dock, ramp and three float docks
at the north end of Arshamomaque Pond, on the south side of Middle Road,
Southold, New York.
The project has been determined not to have a significant effect on the
environment for the following reasons:
An environmental Assessment has been submitted which indicated that no
significant adverse effect to the environment are likely to occur should the
project be implemented as planned.
Because there has been a response from the Board.of Southold .Town
Trustee and Southold Town Conservation Advisory Council indicating that
this project would not have a significant effect on the environment.
because there has been no response in the allotted time from the New
York State Department of Environmental Conservation and the Southold Town
Building Department, it is assumed that there are no objections nor comments
from those agencies.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 36. .
36. Moved by Supervisor Murphy, seconded by Justice .Edwards,
WHEREAS, Joseph Fischetti applied to the Southold Town Board for a permit
under the provisions of the Wetland Ordinance of the Town of Southold, applica-
tion dated February 3, 1984, and
WHEREAS, said application was referred to the Southold Town Trustees and
Southold Town Conservation Advisory Council for their findings and recommenda-
tions, and
WHEREAS, a public hearing was held by the Town Board with respect to said
application on the 10th day of April, .1984, at which time all interested persons
were given an opportunity to be heard, now, therefore, be it
RESOLVED that Joseph Fischetti be granted permission under the provisions of
of the Wetland Ordinance of the Town of Southold to install upland bulkhead,'
return, fixed dock, ramp and three float docks at the north side of Arshamomaque
Pond, bn the south side of Middle Road, Southold, .New York, all in accordance
with the application submitted. ' This permit shall expire on April 24, 1985 if
work has not commenced by said date; there shall be two inspections required,
and the Town Clerk shall be notified when the project is 'completed.
Vote of the Town Board: -----
COUNCILMAN SCHONDEBARE: Discussion: on it.'
COUNCILMAN TOWNSEND: We didn't discuss this` in detail before we came up
here.
COUNCILMAN SCHONDEBARE: This is the one that has, what, ten units of
the condo. Ten units and they're going to., put in six boats--six slips. So
everbody that then puts up a. condo along the water, can do the same thing?
COUNCILMAN TOWNSEND: The issue is you've got a bridge at the end, it's
a very limited height and no one will' be able to take a boat out of there of
any size.
COUNCILMAN STOUTENBURGH: That's right.
COUNCILMAN SCHONDEBARE: So they've got to stay in there.
COUNCI LMAN STO.UTENBURGH: So, therefore, they have to have .a small boat.
COUNCILMAN TOWNSEND: They have to have a small boat and whether they
need a dock for the small boats--and there are other owners--there are a lot
of private owners who have docks along there. I don't know how we can--
COUNCILMAN STOUTENBURGH: I have trouble with it myself, but I don't see
how you can deny it.
COUNCILMAN TOWNSEND: I don't see. how you can deny it based on what
everybody else has there. It would be really giving--
COUNCILMAN SCHONDEBARE: I know what your problem is.
COUNCILMAN TOWNSEND: If you know--I used to live in that area and virtually
every house--every house on the east side has a dock and a small boat.
COUNCILMAN SCHONDEBARE: But if 'this was one fellow with one dock I wouldn't
mind, but this is for six.
APRIL 24, 1984 161
COUNCILMAN STOUTEN.BURGH:.: I: thi.nk',.zt.he:_thing ,you, have to ,remember is that
when you grant these condominiums you're granting more than just a condominium.
You're granting these people the right to put boats in front of their place and
what have you.
COUNCILMAN -SCHONDEBARE: . That's what I'm say. Where do we draw the
line on all these things?
COUNCILMAN STOUTENBURGH: Don't have condominiums perhaps, maybe. When
you give one thing you can't say no in the middle of it unless you have a pretty
good reason for it, and I don't see that we can justify the reason when the people
all along there have docks.
COUNCILMAN SCHONDEBARE: That's the other problem. I'm not thrilled about
granting them, but I can't figure any other way of not doing it.
COUNCILMAN STOUTENBURGH: It's ,another tough one.
COUNCILMAN SCHODEBARE: Except for the fact that I don't like it.
COUNCILMAN TOWNSEND: Let's take the vote.
TOWN CLERK TERRY: You must give a reason if you are going to deny it.
COUNCILMAN SCHONDEBARE: Yes, well, everybody can give me one.
COUNCILMAN TOWNSEND: Well, the only reason you could give would be what
Paul just stated, that it's a very intensive use, for the size of the property.--ten
boats---
COUNCILMAN SCHONDEBARE: Ten units,. but six slips.
SUPERINTENDENT OF HIGHWAYS DEAN: These couldn't be rented out, could
they?
COUNCILMAN TOWNSEND: No.
SUPERINTENDENT OF HIGHWAYS DEAN : Is there a clause in there that they
can't be rented out, or they're only for-
TOWN CLERK TERRY; That would be a business district and that would be
for a, commercial operation and that's not permitted.
COUNCILMAN SCHONDEBARE: They're only for the condos.
SUPERINTENDENT OF HIGHWAYS DEAN: I know, but it's also another point.
TOWN CLERK TERRY: But that would constitute a commercial operation and
they would be in violation.
SUPERVISOR MURPHY: I believe you're allowed one unrelated person.
MR. BARTH: Let's suppose I own a condo and I'm going to rent it, like they
down in' Florida.
COUNCILMAN TOWNSEND: If you rent a house, does that also constitute
rental of the dock?
COUNCILMAN STOUTENBURGH: Yes, 1hat-1goes with it.
COUNCILMAN TOWNSEND: So the answer is yes.
COUNCILMAN STOUTENBURGH: When you rent a cottage on the water in' the
creek and the guy has a dock there, he has a right to use that dock.
COUNCILMAN SCHONDEBARE: I recommend that we table it for further discussion.
TOWN CLERK TERRY: You're going to run out of time very shortly, or it will
be deemed granted. You have until your May 8th meeting., You can't go past
May 8th, or it will be deemed granted.
SUPERVISOR MURPHY: You want to wait?
COUNCILMAN SCHONDEBARE: You want to wait until May 8th and talk about it
a little bit more? Or am I a minority of one here?
COUNCILMAN STOUTENBURGH: If 1 thought I had some grounds, Jay, I'd support
you, but I don't see what we: can come up with to stop it.
62 APRIL 24, 1984
COUNCILMAN SCHONDEBARE: Don't you have a little crab floating around in
there or anything that's going to be jeopardized?
COUNCILMAN STOUTENBURGH: Sure there are. Every time you put a dock in.
That's one of the rights people pay extra for.
TOWN CLERK TERRY: You just did a Negative Determination.
COUNCILMAN TOWNSEND: Let's move it 'to vote.
COUNCILMAN SCHONDEBARE: All right, move it to vote, go ahead:
COUNCILMAN STOUTENBURGH: You can say no.
Vote of the Town Board: Ayes: Councilman Stoutenburgh, Justice Edwards,
Councilman Townsend, Supervisor Murphy. No: Councilman Schondebare.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 38 is ratifying the Town Attorney's office
expense. I would personally like to sit with Bob on thismyself, but if you
want to vote on it, I'd _be perfectly happy to.
COUNCILMAN SCHONDEBARE: So moved.
38. Moved by Councilman Schondebare, seconded by Justice Edwards,
WHEREAS, the Town Attorney for many years has submitted estimates of
expenditures pursuant to Section 104 of the Town Law for the reimbursement
of a portion of the secretarial and office expenses to be incurred by him in
the performance of his duties as Town Attorney, for the ensuing town fiscal
year, and
WHEREAS, such estimates have been included in the town budget adopted by
the Town Board, and
WHEREAS, the Town Attorney during said years .has submitted vouchers quarter-
annually for such expenses incurred for the preceding calendar quarter, which
such vouchers have been submitted to and audited and approved by the Town
Board, and
WHEREAS, the New York State.Comptroller, in' 1980, rendered an opinion
(Opn. No. 80-227) which was recently brought to the attention of the Town
Board, wherein it was recommended that the reimbursement of said expenses
should be authorized by a resolution of this board, and that all past vouchers
for such reimbursement which have already been audited and approved should
be ratified,
NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS:
1 . That this board does hereby ratify and approve the reimbursement of
expenses 'incurred by the Town Attorney for secretarial and office expenses in
the past, in the amounts shown on vouchers heretofore submitted to and audited
and allowed. by the Town Board.
2. That this board does hereby authorize' the reimbursement of a portion
of the expenses incurred . by the Town Attorney for secretarial and office expenses
in the performance of his duties as Town Attorney for the 1984 fiscal year of .the
town in an amount not to exceed the sum of $18,000. 00, upon the submission of
quarter-annual vouchers therefor in proper form.
3. That in• all years subsequent to the current fiscal year, the amount of
reimbursement for such expenses shall be in such amount as shall be authorized
by a resolution of the Town Board.
Vote of the Town. Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend. No: Supervisor Murphy.
This 'resolution was declared .duly adopted.
SUPERVISOR MURPHY: Number 39 is to authorize to purchase chowder clams.
39. Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the purchase of 270 bushels of Chowder Clams, at $11. 00 per bushel, from
the Norman Zwolinski Shellfish Co. , Inc., Warwick, Rhode Island.
COUNCILMAN STOUTENBURGH: Is there some urgency in this in the sense of
availability, Jim?
JAMES McMAHON, Community Development Administrator: We just happened to
place our order so that when they come in--I understood from the shellfish
company there that they've got roughly close to 2000 bushels of clams ordered
and they're in need of good weather and a confirmation of the order, so we
have to get the clams or order them now to bring them into warm water so that
they'll spawn and we have to close the creeks.
APRIL 24, 1984 163
TOWN CLERK TERRY: -:You have to:,get 'a :resolution.:from the Trustees first
before the Town Board can make a resolution to close the creeks.
SUPERVISOR MURPHY: Jim, 'do we have a date yet on approximately when
it's coming so that we could get a resolution from the Trustees to close.
MR. McMAHON: At the May 8th meeting.
SUPERVISOR MURPHY: Okay. Any other questions? (No response.)
Vote of the Town Board: 'Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 40 is a negative declaration on the application
of R. Wilson.
40. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law State Environmental Quality Review and 6NYCRR Part 617, Section
617. 10 and Chapter 44 of the Code of the Town ,of Southold, notice is
hereby given that the Southold Town Board, as lead agency for the. action
described belovy, has determined that the project, which is unlisted, will
not 'have a significant effect on the`environment.
Description of Action: Application of Enconsultants, Inc. , on behalf of Robert
Wilson for a Wetland Permit to construct dock, ramp, catwalks, and floats at
West Creek, off Glenn Road, Southold, New York.
The project has been determined' not to have a significant effect on the
environment for the following reasons:
An environmental Assessment has been submitted which indicated that no
significant advgrse effect to the environment are likely to occur should the
project be implemented as planned.
Because there has been a response from the Board of Southold Town
Trustee and Southold Town Conservation Advisory Council indicating that
this project would not have a: significant effect on the environment.
Because there has been no response in' the allotted time from the New
York State Department of Environmental Conservation and the Southold Town
Building Department, it is assumed that there are no objections nor comments
from those agencies.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: ' Number 41 is a decision on approval of the application
of R. Wilson. _
41. Moved 'by Councilman Townsend; -seconded by Councilman Schondebare,
WHEREAS, Enconsultants, Inc. , on behalf of Robert Wilson, applied to the
Southold Town Board for a permit under the provisions of the Wetland Ordin=
ance of the Town of Southold, application dated February 17, 1984, and ,.
WHEREAS, said' application was referred to the Southold Town Trustees and
Southold Town Conservation Advisory Council for their findings and recommenda-
tions, and
WHEREAS, a public hearing was held by the Town Board with respect to said
application on the.24th day of April, 1984, at which time all interested persons
were given an opportunity to be heard, now, therefore, be it
RESOLVED that Enconsultants, Inc. , on behalf of Robert Wilson, be granted
permission under the provisions of the Wetland Ordinance of the Town of
Southold to construct a dock,_ ramp,• catwalks. and two floats at West Creek,
off Glenn Road, Southold, New York, PROVIDED the float does not extend
more than 10 feet into the waterway. This permit 'shall expire on April 24,
1985 if 'work has not commenced by said date; there shall be two inspections
required; and the Town Clerk shall be notified when the project is completed.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
42. Moved by Councilman Schondebare, seconded by Supervisor Murphy, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law State Environmental Quality Review and 6NYCRR Part 617, Section
617. 10 and Chapter 44 of the Code of the Town of Southold, notice is
hereby- given that the Southold Town Board, as lead agency for the action
described below, has determined that the project, which is unlisted, will
not have a significant effect on the environment.
Description of Action: Application of William Knoeller for a Wetland Permit
to construct catwalk, ramp, and float at Jockey Creek, at 450 Jockey Creek
Drive, Southold, New York.
The project has been determined not to have a significant effect on the
environment for the followinq reasons:
64 APRIL 24, 1984
An environmental Assessment has been submitted which indicated that no
significant adverse effect to the environment are likely to occur should the
project be implemented as planned.
Because there has been a response from the Board of Southold Town
Trustee and Southold Town Conservation Advisory Council indicating that
this project would not have a significant effect on the environment.
Because there has been no response in the allotted time from the New
York State Department of Environmental Conservation and the Southold Town
Building Department, it is assumed that there are no .objections nor comments
from those -agencies.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 43 is the decision of approval of the applica-
tion of William Knoeller.
43. Moved by Councilman Townsend, seconded by Councilman Schondebare,
WHEREAS, William Knoeller applied to the Southold Town Board for a permit
under the provisions of the Wetland Ordinance of the Town of Southold,
application dated February 24, 1984, and
WHEREAS, said application was referred to the Southold Town Trustees and
Southold Town Conservation Advisory Council for their findings and recommenda-
tions, and
WHEREAS, a public hearing was held by the Town Board with respect to said
application on the 24th day. of April, 1984, at which time all interested persons
were given an opportunity to be heard, now, therefore, be it
RESOLVED that William Knoeller be granted permission under the provisions
of the Wetland Ordinance of the Town of Southold to construct an elevated
catwalk, ramp, and float dock at Jockey Creek, 450 Jockey Creek Drive,
Southold, New York. This permit shall expire on April 24, 1985 if work has
not commenced by said date; there shall be two inspections required; and the
Town Clerk shall be notified when the project is completed.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 44 is a negative determination on the applica-
tion of Scott.
44. Moved by Councilman Stoutenburgh, seconded by Councilman Townsend, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law State Environmental .Quality Review and 6NYCRR Part 617, Section
617. 10 and Chapter 44 of the Code of the Town of Southold, notice is
hereby given that the Southold Town Board, as lead agency for the action
described below, has determined that the project, which is unlisted, will
.not have a si nificant effect on the environment.
Description of Action: Application of John G. Scott, III for a Wetland Permit
to construct walkway floats and floating docks at property located south of the
Main Road (Route 25) , and east:of Wells Road, on Richmond Creek,. Peconic, "
New York.... ._.
The project has been determined not to .have a significant effect on the
environment for the following reasons:
An environmental Assessment has been submitted which indicated that no
significant adverse effect to the environment are likely to occur should the
project be implemented as planned.
Because there has been a response from the Board of Southold Town
Trustee and Southold Town Conservation Advisory Council indicating that
this project would not have a significant effect on the environment.
Because there has been no response in the allotted time from the New
York State Department of Environmental Conservation and the Southold Town
Building Department, it isassumed that there are no objections nor comments
from those agencies.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
.Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 45 is the decision on John Scott.
45. Moved by Justice Edwards, seconded by Councilman Schondebare,
WHEREAS, John G. Scott, III applied to the Southold Town Board for a permit
under the provisions of the Wetland Ordinance of the Town of Southold, applica-
tion dated March 6, 1984, and
WHEREAS, said application was referred to the Southold Town Trustees and
Southold Town Conservation Advisory Council for their findings and recommenda-
tions, and
WHEREAS, a public hearing was held by the Town Board with respect to said
application on the 24th day of April, 1984, at which time all interested persons
were given an opportunity to be heard, now, therefore, be it'
APRIL 24, 1984 1 5
RESOLVED that John G: Scott, III be "gran`ted permission under the provisions
of the Wetland Ordinance of the Town of Southold to construct two walkway
floats, and two floating docks at- property located south of Main Road (Route
25) , and east of Wells Road, on Richmond Creek, Peconic, New York, PROVIDED
this permit shall be for a one year, pilot project and the applicant must reapply
one year from this date, April 24, 195. There shall be 'two inspections required;
and the Town Clerk shall be notified when the project is completed.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 46 negative determination on application of
John L Braider.
46. Moved by Councilman Townsend, seconded by Councilman Schondebare, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law State Environmental Quality Review and 6NYCRR Part 617, Section
617. 10 and Chapter 44 of the Code of the Town of Southold, notice is
hereby given that the Southold Town Board, as lead agency for the action
described below, has determined that the project, which is .unlisted, will
not have a significant effect on the environment.
Description of Action: Application of Latham Sand E Gravel, Inc. , on behalf
of John L. Braider for a Wetland Permit to install dock and floating dock on
property. located at Gull Pond Lane, Gull Pond, Greenport, New York.
The project has been determined not to have a significant effect on the
environment for the following reasons:
An environmental Assessment has been submitted which indicated that no
significant adverse effect to the environment are ,likely to occur should the
project be implemented as planned.
Because there has been a response from the Board of Southold Town
Trustee and Southold Town Conservation Advisory Council indicating that
this project would not have a significant.effect on the environment.
Because there has been no response in the allotted time from the New
York State Department of Environmental Conservation and the Southold Town
Building Department, it is assumed that there are no objections nor comments
from those agencies.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 47 is 'the decision on John Braider.
47. Moved by Councilman Townsend',' seconded by Councilman Schondebare,
WHEREAS, Latham Sand 8 Gravel, Inc. , on behalf of John L. Braider, applied
to the Southold Town Board for a permit under the provisions of the,Wetland
Ordinance of the Town of Southold, application dated February 16, .1984, and,
WHEREAS, said application was referred to the Southold Town Trustees and
Southold Town, Conservation Advisory Council for their findings and recommenda-
tions, and _
WHEREAS, a public hearing was held by the Town Board with respect to said
application on the 24th day of April, 1984, at which time all interested persons
were-given an opportunity to be heard, now, therefore, be it
RESOLVED that Latham Sand & 'Gravel, Inc. , on behalf of John L. Braider, be
granted permission under the provisions of the Wetland Ordinance of the Town
of Southold to construct a stationary dock, ramp and two floating docks at Gull
Pond Lane, Gull Pond, Greenport, New York, PROVIDED the total length of the
dock does not extend more than 50 feet offshore. This permit shall expire on
April '24, 1985 if 'work has not. commenced by said date; there shall be two
inspections required; and the Town Clerk shall be notified when the project
is,'completed.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, "Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 48 is 'a negative determination on the applica-
tion of James and Peter Kreh on James Creek.
COUNCILMAN TOWNSEND: Has anybody--have you looked at that Paul? Are
you familiar with that one?
COUNCILMAN STOUTENBURGH: Yes. It's north of the marina and what he
wants to do--he originally wanted to dig' in front and dredge out. Now they
said he can only put a bulkhead and he must bring fill from outside and leave
no dredging.
TOWN =CLERK .TERRYc�,-'The DEC gave-them permission to dredge, -20 by 40.'
COUNCILMAN STOUTENBURGH: Nope, that's not the way I understand it.'
rnilklrli NAAk1 crwr)N1nT=PAPF• That didn't make canco in' thn Pnrili-,h lanrrviarra.
16.6 APRIL 24, 1984
TOWN CLERK TERRY: 1 will' ask for a clarification on this one.
COUNCILMAN SCHONDEBARE: Why don't we.
COUNCILMAN STOUTENBURGH: Don't we have Trustee's minutes someplace
in here?
COUNCILMAN TOWNSEND:µ The minutes show dredging too.
SUPERVISOR MURPHY: Yes, it says both.
COUNCILMAN STOUTENBURGH: But I spoke to Frank on this and he says
no. Well, let's let it go. That's the only way to do until the language is
cleared up.
TOWN CLERK TERRY: I'll get something in' writing from the Trustees so we
can do it 'at the next meeting.
SUPERVISOR MURPHY: Numbers 48 and .49 we'll hold.then. Okay, Number 50
is 'Local Law No. 4 - •1984: concerning the clustering.
50. Moved by Justice Edwar-ds,. seconded by .Councilman Townsend,
WHEREAS, a proposed Local Law No. 4 _ 1984 was introduced at a meeting 'of
this 'Board held on the 28t ay of February, 1984, and
WHEREAS, a public hearing was held thereon by the Board on the 24th day of
April,' 1984, at which time all interested persons were given an opportunity to
be heard thereon,
NOW, THEREFORE, BE IT RESOLVED that Local Law No. 4 - .1984 be enacted
as follows:
LOCAL LAW NO 4 , 1984
A Local Law to Amend the Zoning Code
in relation to the computation of the number
of lots in a Cluster"Development
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1 . Subdivision A, of Section 100-136, of Chapter 100 (zoning) of the
Code of the Town of Southold, is hereby amended to read . as.
follows
A. The maximum number of single-family lots that may be
approved in a cluster development shall be computed by
subtracting from the total gross area a fixed percentage 'of
twenty percent (200) of said area and dividing the remaining
eighty percent (80%) of the area by [forty thousand (40,000)
square feet.] the- minimum required lot area set forth in the
Bulk and Parking Schedule.
II. This Local Law shall take effect upon its filing with the Secretary
of State.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, 'Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 51 is 'Local Law No. 5 - 1984 which is additional
penalties for zoning code violations.
51. Moved by Councilman Stoutenburgh, _seconded by Justice Edwards,
WHEREAS, a proposed Local Law No. 5 - •1984 was introduced at a meeting of
this Board held on the 28th day of February, .1984, and
WHEREAS, a public hearing was held thereon by the. Board on, the 24th day of
April; '1984, at which time all interested persons were given an opportunity to
be heard thereon,
NOW,. THEREFORE, BE IT RESOLVED that Local Law No. 5 .1984 be enacted
as follows:
APRIL 24, 1984 , 6 7
LOCAL LAW"NO. 5 , 1984
A Local Law in relation to penalties
for violations of the Southold Town Zoning Code
BE IT ENACTED by the Town Board of the Town of Southold as
follows : (Additions indicated by underline; deletions by
[brackets] ) .
I. §101-145 of Chapter 100 of the Code of the Town of Southold
( Zoning) is hereby amended to read as follows :
§100-145 - Penalties for offenses .
For each offense against any of the provisions of this
chapter or any regulations made pursuant thereto, or
failure .to comply ,.with a written notice or order of [the]
any Building .Inspector within the time fixed for compliance
therewith, the owner, occupant, builder, '. architect,
contractor or their agents or any other person who commits ,
takes part or assists in the commission of any such offense
or who shall fail to comply with a written order or notice
of [the] any Building Inspector shall, upon a first
conviction thereof, be guilty of a violation punishable by
a fine of not exceeding [fifty] five hundred dollars
[ ($ 50. ) ] or imprisonment for a period not to exceed [six
(6 ) months] fifteen (15) days , or both. Each [week' s
continued offense] day on which such violation shall occur
shall constitute a separate, additional [violation. ]
offense For a second and subsequent conviction within
eighteen months thereafter, such person shall be guilty of
a violation punishable by a fine not exceeding one thousand
five hundred dollars, or imprisonment for a period not to
exceed fifteen (15) days , or both such fine and
imprisonment.
II. This Local Law shall supersede, in its application to the
Town of Southold, Subdivision 1 of §268 of the Town Law.
III. This Local Law shall take effect upon its filing with the
Secretary of State.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, that ends the regular---
COUNCILMAN TOWNSEND: 1 thought we were going to do--- .
COUNCILMAN SCHONDEBARE: We're going to do Simon and we're going to do
Hodor.
6 8 APRIL 24, 1984
SUPERVISOR MURPHY: We want to recess and discuss--
COUNCILMAN SCHONDEBARE: --discuss it and then go back in again. Knock
them out tonight.
SUPERVISOR MURPHY: If you'd like to. Let me just continue on. That ends
the prepared agenda. I would like at this time to ask the Councilmen if they
would have anything further to say. Jay?
COUNCILMAN SCHONDEBARE: Nothing.
SUPERVISOR MURPHY: Joe?
COUNCILMAN TOWNSEND: Two things. We had in our folders a Local Law
giving authority to the Board of Trustees on Wetland Applications. I thought
we were going to move on that today.
TOWN CLERK TERRY: We have to have their comments first:
COUNCILMAN STOUTENBURGH: I think we can act on it at the next meeting.
COUNCILMAN TOWNSEND: Okay. Secondly, I would like to on the memorandum
we got from Attorney Tasker, I would like to have this sent to State Senator
LaValle and Assemblyman Joe Sawicki-=-
COUNCILMAN SCHONDEBARE: And Behan.
COUNCILMAN TOWNSEND: No, not Behan, he's not representing us.
COUNCILMAN SCHONDEBARE: Yeah, but. he's on the Act.
COUNCILMAN TOWNSEND: That they modify their 'proposed law in conformance
with these recommendations.
SUPERVISOR MURPHY: This isbeing done. It's being redrafted.
TOWN ATTORNEY TASKER: I think that's a little premature, because many
of the recommendations I made, I made maybe three or four proposals for each
change, and you people, I think, are going to. have to decide which ones, if
any of these. . They're just certain' recommendations that I'm throwing out for
your consideration,, and I think you're going to have to make some determinations
before you tell them what to do. I mean, there are certain amendments obvious
where they talk of a comptroller and county treasurer and environmental-conserva-
tion officer, which are obvious errors, but many of the other suggestions that I'm
setting forth are just merely for your. consideration. I think you're going to have
to go over them and decide whether you want to reject them--I just put them there
for you to think about.
COUNCILMAN TOWNSEND: What about scheduling a meeting with Sawicki and
LaValle?
SUPERVISOR MURPHY: ' Well, we are going to have a public 'information meeting
on May 1 oth. We could certainly--I don't know if Joe will' be, available for our
next work session.
COUNCILMAN TOWNSEND: But I would like to discuss the various items brought
up here, because there are some good points.
SUPERVISOR MURPHY: Sure.
COUNCILMAN..TO.WNSEND: The implication in these points, I think, is generally
correct. -,- -
SUPERVISOR MURPHY: I think that we should have this 'as part of our Work
Session next week--two weeks from now.
COUNCILMAN TOWNSEND: Okay. I'll authorize' you to write a letter inviting
them to our next Work Session.
SUPERVISOR MURPHY: Okay. Councilman Stoutenburgh?
COUNCILMAN STOUTENBURGH: Nothing.
SUPERVISOR MURPHY: Judge Edwards.
JUSTICE EDWARDS: I just have one little item here. On these permits for
Steve Malinowski on Fishers Island, just to fill the people in what he's doing
over there. He's very active. in: aquaculture and within' two years he hopes
APRIL 24, 1984 i 6 9
to supply 800 of the seed clams that eastern end of Long Island--the towns
of eastern Long Island need. Hd's,.going to.have the seed clams available
right on Fishers Island, and according to Steve, at a much better price than
what you're paying for them up at the Cape. I think Jim McMahon has been
in communications with him on that. That's it.
SUPERVISOR MURPHY: Thank you. Anyone in the audience like to comment?
Sir?
MR. PHIL BARTH, Southold: Just want to comment on the thing that's past
already, but I think you should have taken a little more time on the business
with the condominium and the slips. It's a little different then when someone
builds a house and puts out a slip because he has a boat. It's another story
when someone builds ten condominiums and six slips on speculation. Maybe
the people that buy those ten condominiums, only four of them will have boats.
Why do you need six slips? It's a different story altogether and I think that
more thought should have gone into it before you give, someone six' slips at one
time.
SUPERVISOR MURPHY: Thank you. l Anyone other comments? (No response. )
Okay, at this point I will ' recess this Town Board meeting. We have a little
more work to do on off agenda on two .items, and then we will reopen the regular
Town Board meeting.
Moved by Councilman-,Schondebare, seconded by Councilman Townsend, it was
RESOLVED that this meeting be recessed at 4:45 P.M.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
WORK SESSION
4:46 -P.M. - The Board discussed the Relief Petitions of John Simon and Hodor
and Staller (East Marion Woods) . It, was the decision of the Board to ask the
Planning Board to contact the Health Department to determine the chronology
of events. concerning that Department during the time the matters were before
the Planning Board.
Moved by Councilman Townsend, seconded by Supervisor Murphy, it was
RESOLVED that the Regular. Town Board Meeting be reconvened at 5: 19 P.M.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, 'Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
Moved by Councilman Townsend, seconded by. Councilman Stoutenburgh, it was
RESOLVED that this Town Board meeting be adjourned at 5:20 P.M.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.