HomeMy WebLinkAboutTB-07/02/1985 362
SOUTHOLD. TOWN BOARD
JULY 2,. 1985
WORK SESSION
Present: Supervisor Francis J. Murphy, Councilman Joseph L. Townsend, Jr.,
.!Justice Raymond W. Edwards, Councilman Paul Stoutenburgh, Councilman James
A. Schondebare,: Councilwoman Jean W.• Cochran,. Town Clerk Judith T. Terry,
Town Attorney Robert W.. Tasker,, Superintendent of Highways Raymond C. Dean.
9:00 A.M. - The. Board began auditing outstanding. vouchers.
9:20 A.M. - A hearing was held on the Freedom of Information Appeal of Jody Adams.
9:30 A.M. - A hearing was held on the Unsafe Building and. Collapsed Structure
Violation of Joseph DeChiara..
10:25 A.M. - Planning Board members William Mullen and Richard Ward met with the
Board to urge.. the hiring of a part-time seasonal Clerk for the Planning Board
office (see Resolution No. 27) . . The Planning Board office had contacted several
individuals who presently have resumes on file with the Town, but was unsuccessful
in finding an individual for this 'position. They then learned of the availability -of
Mrs. Georgia Rudder, a former part-ti.me employee in'the office of the Receiver of
Taxes and requested her appointment.--Mr. Mullen reported. he :would be submitting
a complete overview of the housing situation within a few days 'which would contain'
information relative to bringing in�a house at :$60,'000..
'10:35 A.M.- The Board resumed the audit and discussed the following items: (1)
If the Town obtains a pre-sort mailing permit 'from the Post Office, who will sort the
mail? Supervisor Murphy stated this :would be done by the custodians. There was
also concern expressed by the Assessor's. Office and Receiver's Office concerning '
their part in this 'new procedure. It .was- made clear that this would not disturb
their .office procedures or filing systems; it is a matter of pre-sorting the mail "after
it leaves their office.--(2) Decision was made to advertise for resumes for the Licensing
Review Board (see Resolution No. 29) .-=.(3) Letter from Justice Price advising tl�e
Board that his "clerk, Barbara Andrade, fell and injured herself in their office,
which fall may have been caused by the deteriorated floor covering, and requesting
a remedy of the situation. Repairs. to-.the, floor are being made and new undermat,
and carpeting are in the process .of being installed.--.(4) .Request of Greenbriar
Homes, Inc. for the refund of $5,'680' inspection fee for that abandoned subdivision
was discussed. Before making a decision the Board would like a chronological list
of events covering this subdivision .from application date to abandonment.-7(5) Letter
from Commissioner of Public"Works Dean advising the Board that their'request to
install a street light at the intersection of Route 25 'and Main Bayview Road, Southold,
cannot be accomplished due to the lack of 'a secondary on the pole. Councilman
Schondebare, Chairman of the Street:.Lighting Committee reported 'that the installation
of the caution signal light at the location has satisfied those residents who had earlier
requested the installation of the street light.-=(6) A letter from the. New Suffolk Civic
Association concerning the Town beach and parking problems was discussed. . This
letter will be answered point by point by Supervisor Murphy.--(7) Letter from Super.- .
intendent of Highways Dean advising that the Highway Department building facade is
in'desperate need of repair was discussed. It was concluded that the Department of
Public Works could handle this 'repair inho'use without enlisting the services of an ouj
side contractor.--(8). Proposed Town .Board resolution in .support of Assembly bill '
A-6891 and companion Senate bill'S-r6411, the "Used and Useful" Clarification bill'
which would. clarify the existing "Used and Useful" Law, and prevent_ LILCO from
charging Long Island ratepayers for any of the costs of Shoreman if the. plant fails
to enter commercial service was discussed. The Board decided to obtain'a complete
copy of the bill before acting on same.
12:40 P.M. - Following further discussion on. various off-agenda and. Councilman items,
a lunch recess was. called.
2: 15 P.M. - Work Session reconvened and "the Board reviewed proposed Resolutions
for the Regular Meeting.
JULY 2 , 1985 363
3:00 P.M. - Recess of the Work Session called for the following public hearings:
3:00. P.M. - Proposed Local Law entitled, "A Local Law in relation to requirements
for highway excavations."
3:05. P.M. - Proposed Local: Law entitled, "A Local Law to amend the Zoning Code
in relation to dwelling unit 'density."
3:30 P.M. - Work Session reconvened and the .Board continued reviewing Regular
Meeting Agenda items.
4:.15 P:M. - Town Trustee Jay Bredemeyer met with the Board to report on the
results of coliform testing results for Arshamomaque. Pond and Mattituck. Creek which
have been closed to shellfishing by the DEC. Trustee Bredemeyer reviewed the
results of the data, station by station, which indicated dramatically reduced .levels
of the previously high coliform counts, and suggested the Board adopt a resolution
requesting the DEC to issue a conditional opening permit for those creeks based
upon recent bacteriological test results submitted to the DEC by the Suffolk County
Department of Health Services (see Resolution. No. 36) .
4:55 P.M. - Work Session adjourned..'
REGULAR MEETING
7:30 P.M.
A Regular Meeting of the Southold Town Board was held on Tuesday, July 2,
1985. at the Southold Town Hall, Main Road, Southold,. New York. . Supervisor Murphy
opened the meeting at 7:30 P.M. with the Pledge of Allegiance. to the Flag.
Present: Supervisor Francis !J.'.Murphy
Councilman Joseph L._ Townsend, Jr. .
Justice Raymond.W. Edwards
Councilman Paul Stoutenburgh
Councilman James A. Schondebare
Councilwoman Jean W. 'Cochran
Town Clerk Judith T.. Terry
Town Attorney Robert W. Tasker
SUPERVISOR' MURPHY: Thank you for coming.out tonight. As the first order of
business to just go off our agenda a little bit, we have: a man who has served on
the Town Conservation Advisory Council for many years and has done a fantastic
job and I would like to have a presentation made to him of a proclamation from the
entire Town Board. Bob, would you like to come up to. the _front and I'll read "it
for you. , (Supervisor Murphy read a Proclamation to Robert Hood, resigning member
of the Southold Town Conservation Advisory Council see Resolution No. 10 for,
resolution and vote.) Bob, my congratulations .to you and on behalf of the entire
Town Board, thanks for a great job you did over many years, not only on this
Council, but for many, many projects 'in the Town.
MR. HOOD: Thank you very much.
SUPERVISOR MURPHY: He's .been a most dedicated member of the Council.'
Okay, moving on to the .first order of business, I'd like a resolution to approve
the audit of the bills of July 2nd, 1985'.
Moved by Councilwoman. Cochran, seconded by Justice Edwards, it was
RESOLVED that the following audited bills be and hereby are ordered paid: General
Fund Whole Town bills in the amount of $1.3,228.22; General Fund Part Town bills in
the amount of $12,293.78; Highway Department bills in the amount of $98,629. 94;
Fishers Island .Ferry District bills in the amount of $14,583. 18; Southold Wastewater
Treatment Plant bills in' the amount of $2-14,313.84.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Next 1'd like a resolution approving the minutes of the
Regular Meeting of June 18, 1985.'
Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was
RESOLVED that the minutes of the Regular Meeting of the Southold Town Board
held on June 18, 1985 , be and hereby are approved.
Vote of the Town Board: Ayes: Councilwoman Cochran,. Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
364 JULY 21, 1985
SUPERVISOR MURPHY: Next I'd like to entertain' a motion to set the next meeting
date of July 16th, 1985, 3:00 P.M., Southold Town Hall.
Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was
RESOLVED that the next Regular Meeting of the Southold Town Board will be held
at 3:00 P.M-., Tuesday, July 16, 1985, -at the Southold Town Hall, Main Road,
Southold,. New York.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards,. Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
1. REPORTS.
SUPS V!SOR MURPHY: Mc%#;ng nr; tv t-ke firct itam nn xinivr ananrla iC Ppnnrtc_ IIc!
like to remind everybody that these reports are on file in' the Town Clerk's .Office for
anyone who would like to look, at .them.
1. Town Justice Report, Justice Price, May, 1985.
2. Town Justice Report, Justice Edwards, June, 1985.
3. Audit Report of the Town of Southold for the year ended December .31, 1984,
prepared by E. F. Kaldor, C.P.A. , P.C.
4. � Asking the. Councilmen, starting on my right over here with Jay, for his
report for this last two weeks.
COUNCILMAN SCHONDEBARE: Well, we all showed up for the Master Plan. We're still
working on that and we're going along and. we're almost finished with the book and then
I guess we're going to start on the planning maps thereafter. We had a Commerce and
Industry meeting last Wednesday and I think I should have something to present to the
Town Board two weeks from today when I .finalize it 'and get their thoughts. Basically,
as I've said in the past, we're looking, for some sort of an economicfactor to be added
in to the Board's .decisions that affect any given project within the Town. That's about
it, Frank.
SUPERVISOR MURPHY: Thank you, Jay. Joe?
COUNCILMAN TOWNSEND: Landmark. Committee meta week .ago and they announced
that they've gotten a grant fora survey of all the historic structures in Town and
this is going to take place over..two years and I think it's a good thing for the Town
It will improve a lot of the historicbuildings we have and I think it will provide bot
economic and aesthetic 'incentives for everybody else to restore their houses as,well.
I think well .hear more from Frank on the joint filter district meeting that we had.
attended the graduation of Head Start and I hope it's the first of many for these kids.
They were cute as buttons and I think the parents were very proud. I presented the
Town Board with a report on Cablevision today. After receiving about thirty more.
complaints after the last meeting we had, I went through the contract and picked out
areas where I thought the Cablevision Company may be inviolation of the contract .and
then other areas where 1 thought the Town had been lax in seeing that the. Cablevision
complied with the provisions of the contract, especially those areas regarding penalties
for lack of performance by: the Cablevision Company. We're going to send this report
to the. New Dimension Cable Services and hopefully get some action. We're going to
ask Mr. Giampietro. to come to our next meeting to discuss this. That's all I have.
SUPERVISOR MURPHY: Thank you, Joe. Paul?
COUNCILMAN STOUT ENBURGH : .-Just that the Park, Committee sits with their fingers
crossed hoping we'll have our-beaches open. We're having difficulty getting lifeguards.
You know__we are at a disadvantage of not having a swimming pool out here. All the
west end we
have them and this is where we reap our .people from, most of
them, and it's a shame we don't have. a facility where we can train,our young people.
We have to look for a pool someplace or go up to Brookhaven Lab or something like
that to train our young people, but we do hope to have all the people certified and
ready to go when it comes time. .. Nothing more.
SUPERVISOR MURPHY: Thank you, Paul. Jean?
COUNCILWOMAN COCHRAN : lies, just a little update on the progress of the Affordable
Housing Committee. On the 20th I did attend the Mattituck Senior Citizen group, where
had attended the other. two clubs to distribute the questionnaires and ask for their '
support in filling them 'out. This 'completes the last section of distribution. The
Committee had previously scheduled a meeting on July 4th, but due to the holiday, we
will' be meeting on July 11th and at that time the Committee will ' be reviewing the
analyzed data as a result of the questionnaire. Frank, you will be reporting on the
joint meeting, then I'll skip that. Also the day after the joint meeting with Riverhead
on the water filter program, I attended a meeting of the Water Advisory Committee. Ain
addition to the Committee attending was a representative from ERM Northeast and our
Town Attorney and Mr. Van. Nostrand who is the lawyer for the Suffolk County Water
Authority, and Mr.. Van. Nostrand shared a great deal of background as far as the .
operations of the Suffolk County Water Authority. He talked to us in relation to
JULY 25, 1985 365
condemning land for the use of wells, as far as how many wells they have, as far as
how many employees. Just different'.,types ,,and .options of water districts that can be
formed and 11m. sure Mr. Bear, Chairman of Southold's .Water Advisory Committee will
be submitting a report to the Board for their information. Jay reported on the Commerce
and Industry. Committee. Also on Thursday I attended a meeting relating to the Airport
Study. Foster Beach from the. New York State Department of Transportation reported
that they had just received a copy of the report and had not had time to as 'yet review
it in depth -and also in'addition two copies have to go to Clarence- Cook who is Director
of the Airport Bureau in'Albany, for review. At was also his feeling that the Town
Board's Advisory--Technical Advisory Committee 'should review the report and submit
their findings to the Town Board. Also his 'thoughts after the State and FAA notify
us that the report is- complete, the a public meeting should be held with the community
for their input .as to the need for an airport and does the community want an airport.
So after that the Board would have two options: select the site, and continue the study
nr determine there is 'not a need and the community does not feel an airport is essential
and then they would discontinue the study. : Inbetween that 1 did' attend two meetings
of the Master Plan Review. This morning we had a meeting with our Recreation Director
and we were discussing budget, policy.- a tentative fall program with ideas, inventory--
these are some of the things that we would be putting into place, and as a result of
having a scheduled hearing .this morning I think 'we left Susan Fossett, our Director,
in the middle of a sentence, so we will. be scheduling another meeting so that we can
complete that business. Thank you, Frank.
SUPERVISOR MURPHY: Thank you, Jean. Judge Edwards?
JUSTICE EDWARDS: Our new ferry has arrived on Fishers Island a week 'ago last
Thursday. . The christening of the boat was on Fishers Island last Saturday--a week
ago Saturday and I'm glad to say that the majority of the Town Board was there.
think everyone had a nice time at the christening and one of the Commissioners came
up to me.only, I believe it was Saturday I- met Commissioner Evans and he said, ','Would
you, believe we put :46 cars on that boat." He was all smiles and I said; "Well wouldn't
it be nice if the people forget to come?" So the boat is 'doing well. There's a few
little bugs in it, but it's .a great addition to the Island. There's ,something else, but
191 pick it up later. .. Thank you, Frank.*
SUPERVISOR MURPHY: Thank you, Judge. As you could see the entire Town Board
has been very busy. We are progressing very well, I think., on the Master Plan and
we're making good progress. I did'enjoy, and I think every member. of. the Town Board
enjoyed going over for the christening and as usual they certainly furnished us with a
lovely day to fly, over and to see Fishers Island and I think it was. very rewarding for
all the people who went over to see really how great Fishers Island is.: The airport, as
Jean commented, we are making progress. Hopefully in two to three weeks we will have
a critique on the proposal, on the first two phases of the study and to see if we then
are in' a position where we can make a decision or--not the Town Board, the committee
first and then the Town Board. Also on Friday I attended the Police Department
Graduation. We had three young members of. the Town who went into the start of the
class and did finish. We're very proud of them. . They did'a. fantastic job. There was
also a young man from Mattituck,: the son of. Victor Lessard, our Building Administrator,
who also graduated as a Sheriffs Deputy through .the same course and a young man from
Greenport, former member of the Greenport. Police Department .who also graduated and is
now a' member of the Suffolk County Police Department, and as a point of information, I
was. very surprised when the first person came up, .a young lady and they called to ask
her husband, who is a member of the Suffolk County Police Department, to assist in
giving the diploma. At the end of the day there were about 100 people and .there were
four such couples where the husband, who three of them were members.of the Suffolk
County Police Department. and .one was .a member of the. New Yor.k .City Police Depart- .
ment, their wives now finished this course and are now patrolmen in'Suffolk. County,
and it was really a. very enlightening. and. very nice affair. The most important, probably
was the joint meeting we had with Riverhead and our Consultant on the Water Advisory,
and I was. very happy to hear the comments, mainly that there is a possibility that we
don't have to depend upon a big watermain .going through Southold Town, that point
of source treatment is 'indeed an acceptable way of treating water. It's not the entire
answer, but it certainly, I think, gives us in Southold Town a strong ray of hope that
we're not going to be forced into big sewer districts like the Southwest Sewer District,
or big water districts like we find to the west. We really can't afford it here and
there was. very good news to hear that this point of source treatment is an acceptable
way and Friday we're going to have a ribbon cutting. Dr. Harris; Commissioner of
Health in Suffolk County is going to be here on the building and the program that
we're cooperating with the County in our Landfill on testing: various equipment. We're
in' the process of having ten to fourteen manufacturers install their conditioners free of
charge in. various homes in Southold Town to monitor, with the Health Department, and
with the Town, to monitor their'effectiveness so that we could come up with suggested
filters that are acceptable and do work and are practical in'Southold Town. One of
the members of the Water Advisory Committee traveled to Cornell this month and attended
a conference and she reports back really the great progress that's being- made in Southol
Town. We're probably one of the first in the country in the progress on this filter
district and on alternate methods of treating water rather than trying to drill* a hole
deeper in the ground. We're out on the East End. All we're going to get is salt water.
So 11m.. very pleased with the results and hopefully by the end of the summer we'll have
36 6 JULY 2 , 1985
some of the results. We're also applying for a large grant with the EPA that looks very
good now. Part:of the money was funded in this year's budget in the federal governmen=
and we stand a very good chance of getting this grant so .when we come to the point
where we're deciding what type of filters are going to be used here effectively, cost-
wise and efficiency-wise that we will have some -aid; maybe, in helping the homeowners
so that we don't have this great financial impact of a watermain or a sewer district.
Il. PUBLIC~NOTICES. (none)
111. COMMUNICATIONS.
SUPERVISOR MURPHY: Number 1 is. a letter from R. W. Beck and Associates telling
us of their progress on the study for. Southold Town and then Judge Edwards also
had ..� �,�..,� 1-1� rnn�:�.or! ..o.... r.nnrl !ettcr frnm Rcrk ctntinn that it Innkc
► ad vc r gocc! ..... .. . ..... very 5- - ------- -- ---- -- ---- - - - ... - � -
very good for the residents of Fishers Island that there, is a good possibility that this
hydropower and them taking over their own district over there is 'very practical and
hopefully it's .going to work in .the mainland of Southold Town. Again this will be
another first and one that we're..very proud of. Fishers Island has the unique
dis�t:inction, 1 believe, of.now having the highest rate--electric 'rate in New York State,
so this is why they need some help and we need some help over here. I guess we're
second or third.
2. A letter from Mary Fallon (Deputy. Supervisor, Suffolk County Department of
Consumer Affairs) complimenting the Town on their 'Senior Day Care Program. Vee
McKeighan and myself took her down and showed her our Senior Day Care Program
in'G reenport. She was very much impressed with it and also she came with a program
that we would. like to consider implementing in the Town in the fall on Safety .for
Older Consumers Program. It looks, very good and hopefully we could do something
with it.
.IV. PUBLIC HEARINGS.
SUPERVISOR .MURPHY: There is 'a public hearing at 8:'00 P.M. We had five today--
or four today, one was cancelled, and there is 'a sixth at 8:00 o'clock and we've got
about five or six-'minutes, so I think we'll move on to Resolutions.
V. RESOLUTIONS.
SUPERVISOR MURPHY: Resolution. Number 1 is 'an amendment to the Community
Development .Budget.
1. Moved by Councilman Schondebare, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the TOwn of Southold, after giving due notice
of these proposed amendments in the official newspapers of the Town on June 13,
•1985,` hereby authorizes the following. Budget amendments to the Community Develop-
ment Year IX Program: Current New
Project Budget Increase Decrease Budget
Head Start Facility $20,.000..00. -0- $20,000.00 -0-
North Fork Animal
League Building $ •8, 000..00 $ 685.00 -07 $ •8,685.00
Handicap Ramp
American Legion $. -8,00.0..'.00. . $ 7,31S.'00. -0- $1.5, 315.00
Lower .Road Sump $46,675.'00. . $1.2,000..00 -0- $28,675.00
SUPERVISOR MURPHY: Any questions? . (No response.)
1.-Vote of the Town Board: Ayes.: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 2 is the proposed Local Law to amend the Town Co
in relation to parking of. vehicles, mainly down on Duck Pond Road in Cutchogue. T ;
is to limit--there's a motel down at the end of the road and it's to limit parking at
certain hours and also to help provide safer access to the beach for emergency
vehicles. Any other questions?
COUNCILMAN STOUTENBURGH : I'd Just like to say it is not for access to the beach
or fire, Frank, that was discounted. That was the original concept and that is no
longer true.
SUPERVISOR MURPHY: . Any other comments on it?
COUNCILMAN SCHONDEBARE: Just for the record, I indicated previously that if we
had a large number of people who showed up at the public hearing in opposition to:.
this that I would not support it.' I believe we had no one who spoke at the public
hearing in opposition and I believe we had two letters in the file from two people
opposed to it.
R:" L
JULY 25, 367
1985 7
COUNCILMAN STOUTENBURGH : So ,we .had one person who asked for it and two
people who said no.
SUPERVISOR MURPHY: Okay, any other questions? - Comments? (No response.)
2. Moved by Supervisor Murphy, seconded by Councilman Townsend,
WHEREAS a proposed Local Law. No. 9 - '1985 was introduced at a meeting of this
Board held on the 4th day of June, 1985, and
WHEREAS, a public hearing was held thereon by the Town Board on the 18th day
of June, 1985, at which time all interested persons were given an opportunity to be
heard thereon, now, therefore, be it
RESOLVED that Local Law. No. 9 - 1985 be enacted as follows:
LOCAL LAW NO. 9 - 1985
A Local Law to amend the Southold Town_ Code
in relation to parking of vehicles.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
(additions indicated by underline; deletions by [brackets]) .
Chapter 92 (Veh.icle and Traffic) of the Code of the Town of Southold-is amended
to read as follows:
I . Section 92-42 thereof (Parking during certain hours) is hereby amended as
follows:
Between
Name of Street Side the Hours of Location
Duck Pond Road [both] West 10: 00 P.M. and In Cutchogue from the guardrail
7:00 A.M. at the northerly terminus southerly
for a distance of 400 feet.
Duck Pond Road East 10:00.P.M. and In Cutchogue from the guardrail
10: 00 A.M. at -the henorther—northerly terminus sout e_r_l)
for a distance of 400 feet ,
11. Section 92-43 thereof (Parking for limited time only) is hereby amended as follows:
Between . Time
Name of Street Side the Hours of Limit Location
Duck Pond Road [both] .West 7:00 A.M. and 2 hrs." In Cutchogue from the guard
10:00. P.M. rail at the northerly -terminuE
southerly for a distance
of 400 feet.
Duck Pond Road East 10: 00 A.M.and 2 hrs. In Cutchogue from the guard
10: 00 P.M. rail at the northerly terminus
southerly for a distance
of 400 feet.
111. ' This Local _Law shall take effect. upon_ its,filing with the Secretary of State.
2.-Vote of the Tcwn Board: Ayes: Councilman Schondebare; "Justice Edwards,
Councilman Townsend, Supervisor Murphy. . No: Councilwoman Cochran, Council-'
man Stoutenburgh.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 3 is 'a change of zone.
3. Moved by Councilman Schondebare; seconded by .Justice Edwards,
WHEREAS, .Elizabeth. J-. . Homan,.. by ..petition. dated. October :19, '1984, applied to .the
Town Board .of .the .Town of Southold-'for a change of.zone on certain property situated
at Cutchogue, .New York, from "A" Residential and Agricultural District to "C" Light
Industrial District, and
WHEREAS, the said petition was referred to the Southold Town Planning Board and
the Suffolk County Departmen tof Planning for offici'al recommendation and report, and
WHEREAS, the Town Board, pursuant to due notice, held a public hearing thereon on
. the 4th day of June, 1985, at 8: & P.M., at which time all persons were given an
opportunity to be-heard., now, therefore, -be. it
RESOLVED -that Elizabeth J. Homan be' and hereby is "granted the relief demanded in
said petitloh for a change of.zone.
SUPERVISOR MURPHY: Any 'questions..oniAt? .(No response.)
3.-Vote of. the Town Board:. Ayes: . Councilwoman Cochran; Councilman Schondebare,
Justice; Edwards, Councilman Townsend. . No: • Councilman Stoutenburgh, Supervisor
Murphy.
This resolution was declared duly ADOPTED.
6 8 JULY 21 1985
SUPERVISOR MURPHY: Number 4 is to increase the workday hours of the Assistant
Cook 4 the. Nutrition Program.
4. Moved by Justice Edwards, seconded by. Councilwoman Cochran, it was
RESOLVED -that .the .Town Board of.the.Town of Southold hereby increases the workday
hours..of.Dorothy Myslibor.ski, Assistant Cook for the Southold Town Nutrition Program,
from. 6 hours per day. to. 7 hours per day.
4.-Vote of the Town Board: Ayes: Councilwoman•. Cochran, Councilman Schondebare,
Councilman Stoutenburgh, 'Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 5 is to allocate funds for the purchase of soccer ball-
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RESOLVED that the Town Board of the Town of Southold hereby allocates $575.00
from A7320.4 Joint Youth Account for the purchase of 50 soccer balls for the
Southold Soccer Club's 1985. season.
5.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare;
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number: 6 is going to be held, it's .concerning a, lease on a
parking field (north side of Main- Road, east of Mei Lin Restaurant, Southold) , -that
the Town Attorney is drawing up.. .. Number T is-going- to- be held (Agreement between
the Town and Cross Sound, Ferry, Inc. for' $1!00.,'000 loan) , to do a. little more review
and get an opinion from HUD .on the. job program fromHUD.' ..Number 8 is 'an Environ--
mental Assessment on;the. job for, the. sealing of the::runways of Elizabeth. Airport-on
Fishers -island.
8. Moved by.-Justice. Edwards., seconded by: Councilwoman Cochran, it. was
RESOLVED that' pursuant. to. Article 8 of the. Environmental. Conservation Law State
Environmental Quality Review and .614YCRR 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 I unlisted, will not have a si nificant effect on the environment.
_Description of Action: Rehabilitation of Runways M5_ and 12/30, Elizabeth Airfield.,;
Fishers- Island, Town of Southold,. New York.
The project has beend etermined not to have a significant effect on the .environ- ,t
because an environmental assessment has been submitted which indicated that no sign -_- ca
adverse effect to the environment are likely to occur should the project be implemented
as planned and because there has been no response in the allotted time from the. New
York State Department of Environmental: Conservation it is assumed that there are no
objections nor comments from that agency.
SUPERVISOR MURPHY: Any other questions on it? .(No response.)
8.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, -Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number' 9 'we're going to hold (purchase of three tax sale
parcels from the County of Suffolk - South Harbor Road, Southold, 2 - Flint Street,
Greenport) and find out exactly the status of these parcels as far as the Suffolk
County tax sale is concerned. . Number 10 'is the memorializing resolution thanking
Bob Hood for his-'many years of service. I offer that resolution very happily.
10. Moved by Supervisor Murphy, seconded by the Entire Town Board, it was
RESOLVED that the Town .Board of the Town of Southold. hereby accepts,. with regret,
the resignation of Robert Hood as a member of the Southold Town Conservation Advisory
Council, and extends to Mr. Hood their sincere thanks and appreciation for the time and
effort he has devoted as a member of the. Council since June 12, 1979, and be it furt
RESOLVED that the following resolution be presented to Mr. Hood:
WHEREAS, ROBERT HOOD, a' most esteemed member of the Southold Town Conservati
Advisory. Council, has resigned effective June 20,' 1985, and
WHEREAS, ROBERT HOOD has given generously of his time. and talents in his faithful
service to the Town of Southold as a member of the Conservation Advisory Council
sinceJune 12, :1979, and
WHEREAS, his record of fine service, diligence to duty and dedication to the Town
of Southold and its people deserves the sincere gratitude of those with whom and
for whom he worked, and
WHEREAS, the Town of Southold will ' be deprived of his wise counsel and judgment:
now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby expresses their most
sincere appreciation to ROBERT HOOD for- his unselfish and wholehearted cooperation
and untiring efforts on behalf of the Town, and,,extend their best wishes for the years
ahead, .and be it further `
JULY 2 , 1985 ., ,..,;=:�. .,.:"r� .; .
369
RESOLVED that a copy of this resolution 'be presented to MR. HOOD and entered in
the permanent record of this Town Board meeting.
10.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 11 is to appoint a member to replace Mr. Hood, which'
will be very hard to do, on the Southold Town Conservation Advisory Council.
11. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Jeanne
Marriner a member of the Southold Town Conservation Advisory Council; to fill the
unexpired term of Robert Hood, .which term became effective June 18; 1985, and
expires on June 18, 1987.
� �• V 4L+« ht: Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, 'Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 12 is an environmental assessment on a proposed
Local 'Law to provide for the regulation of horses.
12. 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: Proposed Local Law entitled, "A Local Law to provide for the
regulation of Horses.11
The project has ,been determined not to have a significant effect on the environ-
ment because .an environmental assessment has been submitted which indicated that no
significant adverse effect to the environmental are likely to occur should the project
be implemented as planned and because there has been no response in the allotted time
from the. New York 'State Department of Environmental Conservation it is assumed that
there are no objections nor comments from that agency.
12.7-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 13 is to set a public hearing on the proposed Local
Law.
13. Moved by Justice Edwards, seconded by. Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 3: 35 P.M.,
Tuesday, .July 16, .1985, .Southold.Town. Hall, Main Road, Southold, New York, as
time and place for a public :hearing on a proposed Local Law entitled, "A Local Law
to provide for the regulation of Horses," which reads as follows, to wit:
BE IT ENACTED by the Town Board of the Town of Southold! as follows:
Chapter 100 of the Code of the Town of Southold (Zoning) is hereby amended as
follows: (additions indicated by underline; deletions by [brackets]) .
I. Section 100=30A thereof is amended by adding a new subsection thereto, to be
Section 100-30A (4), to read as follows:
(4) The keeping of horses for the personal recreational use of the owner of
such horse or horses, subject to the following requirements:
(a) The land area devoted exclusively to such use shall be not less than
one (1) acre.
(b) A minimum of twenty thousand (20,000) square feet of land area shall
be provided for each horse.
11. Section .100-30C (5) thereof is hereby repealed and a new subsection (5) is added
in place thereof,' to read as follows:
(5) The keeping of horses for the personal recreational use of the lot owner and
family on lots used and occupied for private residential uses, subject to the
following requirements.
(a) The minimum area of such lot shall be not less than one ( 1) acre.
(o) . The land area devoted exclusively to such use shall be not less than
twenty' thousand (,20,.000) square feet for each horse..
(c) Such use shall be confined to the rear yard area of the lot.
III: This Local Law shall take effect upon its filing with the Secretary of State. .
13..-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY,: Okay, at this time I'd like a resolution to recess the regular
Town. Bc ,rd' meeting to have our public hearing.
Moved by Councilman Stoutenburgh, seconded by. Councilwoman Cochran, it was
RESOLVED that this 'Town Board meeting be and hereby is recessed at 8: 00. P.M.
3 7 0 JULY 2, 1985
for the purpose of holding the following public hearing: Rehearing on the petition
of Louis -Hodor and Max Staller for relief from the two-acre. zoning requirements,
pursuant to the provisions of. Local Law. No. . 11.
Vote of the Town Board: Ayes: •: Councilwoman Cochran,• Councilman Schondebare,
Councilman Stoutenburgh,. Justice Edwards,: Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
Regular Meeting reconvened at 9:25 P.M.
MR.. FRANK. TARULLI, Southold: May I ask is it 'proper for us to ask a question
on these resolutions? .
SUPERVISOR MURPHY: : At the,.end of the meeting, sir:
MR.. TARULLI : All right. thank vou.
SUPERVISOR MURPHY: The next resolution is. Number 14 concerning the purchase
of the roadbed to Matthews Lane, Cutchogue.
14. Moved by Justice Edwards, 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 apply to the Suffolk County Department
of Real Estate for the purchase of the roadbed to Matthews Lane, Cutchogue, which
the. County h-as acquired by tax default and which is being offered for tax sale;
using Community Development Funds for the purchase of same.
.14.-Vote of the Town ,Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman "Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 15 is to extend a Wetland Permit.'
15. Moved by Councilman Stoutenburgh, seconded .by Councilwoman Cochran, it 'was
RESOLVED that the Town Board of the Town of Southold hereby grants James and
Peter. Kreh an extension of their 'Wetland Permit. 'No. 160, which expired on May 8,
1985, to December 29, 1985. . This extension coincides with the extension granted by
the Board of Southold Town Trustees for permit."issued by them.
15..=Vote of.the Town Board: Ayes: Councilwoman. Cochran, Councilman Schondebare;
Councilman Stoutenburgh, Justice. Edwards, Councilman Townsend,- Supervisor Murph
This resolution was declared .duly ADOPTED.
SUPERVISOR MURPHY: Number :16 is 'to. provide transportation to the Trustees to
Fishers, Island for an inspection.
16. Moved by Supervisor Murphy, seconded by. Justice.Edwards, it 'was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the. necessary
expenditure for the Board of Southold Town Trustees to charter an airplane to transport
them to Fishers Island for a Wetland Application inspection.
16.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare;
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, :Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 17(a). is pan environmental assessment on a piece of
equipment for the. Landfill.'
17. Moved by Councilman Townsend, seconded by Councilman Stoutenburgh, 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: Proposed purchase of one (1) Wood Waste Tub Grind for the
Southold Town Landfill' Site.
. .The. project has been determined not to have a significant effect on the environ
ment because .an environmental assessment has been submitted which indicated that nc
significant adverse effect to the environment are likely to occur .should the project b�
implemented as planned and because there has been no response in the allotted time
from the. New York State Department of Environmental Conservation it is assumed that
there, are. no objections nor comments from that agency.
17.7-Vote of the Town Board: Ayes: . Councilwoman Cochran, Councilman Schondebare;
(a), Councilman Stoutenburgh, Justice Edwards,Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: .Number 17(b) is to accept a bid-.
17. Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was
(b) RESOLVED that. the Town Board of the Town of Southold hereby accepts the bid of
Fuel Harvesters Equipment, Inc. , Penn Valley,. California, in the amount of $112,081.38,
for supplying the Town with one (1) Wood .Waste Tub Grinder, all in accordance with
the specifications for bid.
JULY 2 , 1985 -3 7 1
SUPERVISOR MURPHY: I- might add;:that;,-•thhis ':is being. paid for partially by a BAN,
Bond Anticipation Note, partially through. Community Development Funds, and partially
through a discount for prompt payment, and possibly the purchase of some surplus
equipment we might have for sale this summer. It's used mainly to reduce the. volume
of brush and leaves that are going into the Landfill' and make a usable product that
we could use to make topsoil 'to cover the Landfill'with.
COUNCILMAN TOWNSEND: I'd just like to make one comment. Regarding the surplus
equipment that Frank mentioned. We presently have a Morbark Chipper which we feel
will be made obsolete' by the purchase of this-tub grinder, which should enable us to
retire that bond almost in its entirety, so that we will have this without. incurring further
debt, which is 'my hope and so we're going -to be looking carefully at the number of
hours on that chipper in:the next couple of months. to see if it's .being used at all after
we get this:tub grinder.
17.Vote of the Town Board: Ayes: : Councilwoman Cochran, Councilman Schondebare,
(b)• Councilman Stoutenburgh,. Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared :duly ADOPTED.
SUPERVISOR MURPHY: . Number 18 is 'to accept a bid' for snow fence.
18. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid'of
Agway, Inc. for supplying the Southold Town Highway Department with 10,000 linear
feet of snow fence at a total cost of $3,698. 00, all in accordance with the, bid specifica-
tions.
18.-Vote'.of the Town Board: Ayes: . Councilwoman. Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 19 to-_ accept a bid' for 500. 6 foot studded T Posts
at a cost of $11 295.'00 for the snow fence.
.19. Moved by Councilman Townsend, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of
Chemung 'Supply. Corporation for supplying the Southold Town Highway Department
with 500 6 ft. studded steel T Posts at a total cost of $1,295.00, all. in accordance
with the. bid specifications.
19.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
Thisresolution' was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 20 is lead agency.
20. Moved by Councilman' Stoutenburgh, seconded by Councilwoman Cochran, 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
proposed revised Highway Specifications and Standard Sheets of the Town of Southold.
20.7-Vote of the Town Board: . Ayes: - Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY:. : Number 21 is 'a resolution to authorize' the Town .to make
four. creeks more, access to:the :public to provide better access to the public 'on this '
so that we can get the mouths of the creek dredged by the County.
21. Moved by Councilman, Stoutenburgh, seconded by Justice Edwards,
WHEREAS, the Suffolk County Department of Public Works, Division of Waterways,
has for many years dredged the:creeks in the Town of Southold, and
WHEREAS, this year the Suffolk County Planning Department has established certain
rules and regulations, for the maintenance dredging of the creeks within the Town of
Southold, and
WHEREAS, the Suffolk County Planning Department requires that there be public
access to all creeks that are dredged by the County of Suffolk, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby .agrees to make the
necessary alterations 'and/or construction to make public access available to the following
Southold Town creeks: Corey. Creek, West Creek, Goose Creek and Little Creek, and
be it further
RESOLVED that said alterations and/or. construction shall be accomplished on or before
April '1, 19861.
21.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare;
Councilman Stoutenburgh, -Justice .Edwards,. Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 22 is ,to appoint .provisional Lifeguards.
22.. Moved by Councilman Townsend, seconded by Councilman Schondebare, it 'was,
RESOLVED that the Town Board of the Town of Southold hereby appoints the following
Provisional Lifeguards for the 1985' summer season for Southold Town Beaches, effective
June 22, 1985:
372 JULY 2 , 1985
Michael Conklin $4.50 'per hour
Margo Mullady $4.50 per hour
Michael Towers $4.5D per .hour
Robert Finora $4.50.per hour
22.-Vote of the Town Board: Ayes: 'Councilwoman. Cochran, Councilman Schondebare,
• Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 23 is 'an addendum to the specifications for the new
Fishers. Island Ferry Boat.
23. Moved by Justice Edwards, seconded by Councilwoman Cochran, it 'was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
the Board of Commissioners of the Fishers Island .Ferry District to execute a change
the contrast between the Fishers Island Ferry District and Eastern Marine, Inc. to r
entitled 'Addendum. No. 2 to Specifications. No. 2476, 162 ft. Passenger/Auto Ferry" TO
provide for final changes and payment thereof and for payment for spare parts, tools
and fuel remaining on delivery; said'change is'to be, effected at a net cost .of $8•,762.37.
23.7-Vote of the Town Board: Ayes: • Councilwoman Cochran, Councilman Schondebare;
Councilman Stoutenburgh, -Justice Edwards, Councilman.Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 24 is to advertise for bids for the ferry boat.
24. Moved by Justice Edwards, seconded by Councilwoman. Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
the Board of Commissioners of the Fishers Island Ferry District to advertise for bids
.to convert the control system on MV RACE POINT to pneumatic, if found necessary to
do so, to ensure the ability of the operator to safely maneuver the. vessel.
24.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly. ADOPTED.
SUPERVISOR MURPHY: Number 25 is 'to declare lead agency.
25. Moved by Councilman Stoutenburgh, seconded by Councilman Townsend, it was
RESOLVED that the Southold Town Board hereby declares itself lead agency in regard
to the State Environmental Quality Review Act in the matter of the proposed Local Le
entitled, "A Local Law in* relation to the disposal of Scavenger Waste in the Southold
Wastewater Disposal District."
25.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
_.SUPERVISOR MURPHY: Number 26 is 'to set a public hearing.
26. Moved by Councilman Stoutenburgh, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town .of Southold hereby sets 3:40 P.M.,
Tuesday, July 16, 1985, Southold Town Hall, Main' Road, Southold, New York, as
time and place for a public hearing on a proposed Local Law entitled, "A Local Law
in relation to the disposal of Scavenger Waste in the Southold Wastewater Disposal
District," which reads as follows, to wit:
BE 1T ENACTED BY the Town Board of the Town of Southold, as
follows:
1. The Code of the Town of Southold is hereby amended by adding a
new Chapter thereto, to be Chapter 75, to read as follows:
ARTICLE I
General Provisions
Section 75=1, 1-Title
This Chapter shall be known and may be cited as the "Southold
Scavenger Waste Disposal Law".
Section 75-1.2-Definitions
Unless the context indicates, otherwise, the following terms shall,
for the purpose of this Chapter, have the meaning herein indicated:
1. BOARD - means the Southold Town Board, acting for and on
-behalf of the Southold Wastewater Disposal District.
2. CARTER - shall mean any trucker, hauler or enterprise that is
licensed within the District to provide on-site• system pumping
and other maintenance assistance.
JULY 25, 1985_ ,- -373
3. CESSPOOL _- shall_ mean ;:a'nyr,cesspool which essentially operates
as a combined septic tank%drain field process. Since the solids
remain in one tank, they tend to clog more quickly than septic
tanks which have drain field systems. Although these systems
were previously in widespread use, they are not acceptable for
new construction due to their inefficiencies.
4. DISTRICT - .means the Southold Wastewater Disposal District.
5. DRAIN FIELD - shall mean a tile field consisting of perforated ---
pipes in below ground trenches, which allow the clarified
effluent from the septic tank to percolate to the groundwater
(underground water) or a circular below grade tank with
openings constructed in the sidewalls which provide for
drainage of the treated liquid.
6. EASEMENT - .shall mean an interest in land owned by another
that entitled its holder to a specific limited use.
7. ON-SITE SYSTEM - shall mean any below grade cesspool, septic
tank and drain field as defined herein for the disposal of
sanitary sewage and normal domestic wastes.
8. PERSON means any person, firm, partnership, association,
corporation, company, organization or other legal entity of any
kind, including municipal corporations or governmental agencies
or subdivisions thereof.
9. SCAVENGER WASTE PRETREATMENT FACILITY - shall mean a
treatment plant designed to receive septage (scavenger waste)
and treat it to levels acceptable for discharge to the Greenport
Sewage Treatment ,Plant for further treatment.
10. SEPTAGE (Scavenger Waste) - shall mean the solid and liquid
materials removed from a cesspool or septic tank during
pumping.
11. SEPTIC TANK - shall .mean any buried, watertight receptacle
designed and constructed to receive wastewater from a home, to
separate solids from liquid, to provide limited digestion of
organic matter, to store solids and to allow the clarified liquid
to leach into the surrounding soils.
12. SEWAGE TREATMENT PLANT - shall mean any arrangement of
devices and structures used for treating sewage, exclusive of
cesspools, septic tanks and drain fields as described herein.
Section 75-1. 3-Purpose
The Southold Wastewater Disposal District was established by an
order of the Southold Town Board, adopted on February 15, 1983, as
amended by an order of said Board adopted on May 24, 1983, for the
purpose of protecting the ground and surface waters within said District
from the disposition of scavenger waste by providing a wastewater
pretreatment facility at the site of the sewer treatment plant of the
Village of Greenport for the disposal of scavenger waste in the District,
and providing regulations to protect the health and water quality, and to
prevent the contamination of the water supply within the District.
ARTICLE 11
Scavenger Waste Transportation
Section 75 - 2. 1 - License Required. No person shall engage in the
removal of scavenger waste from any cesspool or septic tank located
within the District who does not possess a currently valid license issued
by the Southold Town Clerk.
Section 75 - 2..2 - Application for Carters License. An applicant for
a license as required by Section 75-2. 1 her shall file 'a sworn statement
with the Town Clerk on the form prescribed stating: the name and
address of the applicant; and the type, model and capacity (in gallons) of
all vehicles to be used. Additionally, such form shall state:
►, being duly sworn, state and depose
that I am familiar with the requirements of the Southold Scavenger
Waste Law. That I will report the address and exact location of all
eptic tanks and cesspools pumped by me or by my business within
the Southold Wastewater Disposal District as required by Section
374 JULY 2 , 1985
75-2.4 of said Law, and that failure to do so will result in the
assessment of a civil penalty of One Hundred Dollars ($100.00) for
each violation.
Section 75-2.3 - License Fee. Prior to issuance of the license
required by Section 75-2..1 hereof, the Town Clerk .shall collect a _ fee in
an amount prescribed by resolution of the Town Board.
Section 75 - 2.4 - Pump-out Reports by Carters Required: Each
carter of scavenger waste, licensed pursuant to this chapter, shall file a
report with the Village ' of Greenport stating the address and exact
location of each cesspool or septic tank pumped, on a form to be supplied
by the Town Clerk, prior to disposing of a scavenger waste load. Failure
of any carter to file such report shall result in the imposition of a One
Hundred Dollar (s100.001 r.ivil nenalty for each r.Pssnnol or sentic tank
pumped but not reported as required herein. The report shall. have the
following information:
. name and address of owner
. address of system if different than owner
. date of pump-out
. quantity. of pump-out
. type of waste
. signatures of owner and hauler
ARTICLE III
Septic and Cesspool Contractors
Section 75-3. 1 - Construction and Alteration Permit Required. No
person shall construct, modify, repair or replace any septic tank or
cesspool, or any part thereof, , located, within the Southold Wastewater
Disposal District, without obtaining a permit from the Town Clerk within
five (5) business days prior to the date work commences. Such permit shall
state the exact location and address of the work in the manner and form
specified by the Town Clerk.
'Section 75-3.2 - Civi.l Penalty. Failure of any person to obtain such
permit shall constitute a violation punishable'.by a civil penalty of up to One
Hundred Dollars ($100.00) .
Section 75-3. 3 - Construction and Alteration Permit Fee. The fee
charged for such a construction and alteration permit shall be in such
amount as shall .be, from time to time, prescribed by resolution of the
Board.
ARTICLE IV
Septic or Cesspool Operation Permit Required
Section 75-4. 1 - Premises Affected. All real property within the
Southold Wastewater Disposal District whereon any on-site disposal system
such as a septic tank or cesspool is constructed or operated, whether same
be within or outside the geographical area of the District, shall be subject
to the permit requirement herein provided.
Section 75-4.2 - Operation Permit Required. Each owner of real
property hereafter operating an on-site sewage disposal system such as a
septic tank or cesspool, except as modified by Section 75-4, 3 hereof, must
prior to such operation, possess in the name of the owner, a current septic
tank or cesspool operation permit issued by the Town Clerk. Owner is
defined to mean "a natural ,person, corporation, the State or any authority
or subdivision thereof, the United States or any department or agency
thereof, and any renter, tenant, lessee or occupant of the premises."
Section 75-4. 3 - 'Exception to Section 75-4. 2. Within five (5) years
after the effective date of this Chapter, no permit shall be required of any
owner, his successors, representatives or assigns, operatina such an
on-site system, at the date this Chapter takes effect provided that such
on-site system is not thereafter pumped or other maintenance measures
required. At such time as such on-site system requires pumping or other
maintenance measures, the owner shall obtain the permit- described in
Section 75-4. 2 above. Subsequent to four (4) years after the effective date
of this Chapter, owners of on-site systems within the Southold 'Wastewater
Disposal District must obtain an operating permit.
Section 75-4.4. No permit shall be required of any renter, tenant,
lessee or occupant provided the owner of the premises has a currently valid..
permit issued in the owner's .name, or if the owner is excepted pursuant to
Section 75-4. 3 hereof.
JULY 27 1985 375
Section 75-4. 5 - T.ransfer. of-,Operation P.ermit... Once a permit has been
issued, it may be transferred without charge;to subsequent owners by the Town
Clerk upon presentation of the deed of co1.
nveyance; provided, however, that ;
there is no existing violation as to the operation or other maintenance measures
of the system.
ARTICLE V
Southold Wastewater Disposal District Permit Fees and Tax Rates
Section 75-5. 1 - Fee for Construction and Alteration Permit. Fees for
permits for new construction, alteration or reconstructior. of an on-site
system shall be applied to the operating costs of the District.
(a) The fee for a construction, alteration or reconstruction permit for
am orr-sire system iocated on premises used exclusively for residentiai
purposes shall be such fee as shall, from time to time, be prescribed by
resolution of the Board.
(b) The fee for a construction, alteration or reconstruction permit for
an on-site system, located on premises used in whole or in part for
non-rescdent;al purposes shall be such .fee as shall, from th—ne to time, be
prescribed by resolution of'the Board.
Section 75-5.2 - Fee for Operation Permit. Fees for operation permits
shall be applied to the operating costs of the District.
(a) The fee for an operation permit for an on-site system, located on
premises used exclusively- for residential purposes shall be such fee as
shall, from time to time, be prescribed by resolution of the Board.
(b) The fee for an operation permit for an on-site system located on
premises used in whole or in part for non-residential purposes shall be
such fee as shall, from time to time, be prescribed by resolution of the
Board. -
Section 75-5.3 - Tax Rate. The Town Board shall, by resolution,
establish the tax rate to cover the cost of debt service of the Southold
Scavenger Waste Pretreatment Facility, as well as future capital purchases
and administrative costs. Operating and maintenance costs will be collected
by user fees as prescribed by Section 75-8. 1.
ARTICLE VI
Construction Requirements for Southold
Wastewater Disposal District Permit Holders
Section 75-6. 1 - All new construction of septic tanks, cesspools; or
other on-site systems shall conform to "Standards for Sewage and Waste
Disposal Systems", as then established by the Suffolk County Department of
Health Services.
Section 75-6.2. - All new construction shall be located as prescribed by
the Suffolk County Department of Health Services, and at a location where
pumping can occur without trepassing on lands of another owner unless an
express easement for that purpose over another owner's premises exists.
Section 75-6.3 - All septic tanks and cesspools shall be covered in a
manner that permits inspection as provided herein without removal of grass,
dirt or other similar landscaping.
ARTICLE VII
Inspection and Maintenance
Section 75-7. 1 - Frequency. At the end of three (3) years after
issuance of an operation permit hereunder, or sooner as conditions may
require as determined by the Town, the system shall be inspected by
qualified inspectors employed by the Southold- Town Board. The Town has
the right to waive said inspection.
In all cases, it shall be the responsibility of the owner to locate and
remove the cover of the septic taiik or cesspool for inspection by the Town
inspector. Should such owner refuse to locate and remove the cover of said
system, the Town has the right to locate and remove the cover . of the
cesspool or septic tank and bill the owner for all costs incurred.
Section 75-7.2 - Right of Entry. As a condition to obtaining the
operation permit required hereunder, the owner shall give his consent, at
376 JULY 2 , 1985
the time of applying for and obtaining such permit, to such inspectors.
employed by the Town to enter on the owner's premises to make the
necessary inspections. The hours of inspection are to be from 9:00 A.M. to
5:00 P.M. on Monday through Friday. Ten (10) days written notice is to be
given to the owner that an inspection will -be made. In cases where an
emergency exists, the Town shall reserve the right to waive such notice.
Section 75-7.3 - Right to Remove Crass, Topsoil, Dirt and Other
Coverings of the System. No civil claim shall .lie against the Town for any
damages resulting from any inspection as authorized herein.
Section 75-7.4 -_Right to Require Maintenance of On-site System.
Every owner of an operation permit shall have his on-site septic system
pumped on a frequency of not less than once every three (3) years. Should
such rnuner refs,,-o to n��mr� cn;r�J' cvc+om o_ +h T...... hz-,s `{-�C. „_.igh +`
.. r i . .. ...
said system and bill the owner therefor.V
Notwithstanding the foregoing provisions of this Section 75-7.4, the
Town Inspector is authorized to extend the time of pumping an on-site
septic system in cases where it `is determined that, due to the size, type,
location and/or frequency of use of an on-site septic system, such system .
is not required to be pumped once every three (3) years.
The Town also has the right to require every owner of an operation
permit to repair a malfunctioning on-site system. Should such owner refuse
to perform same, the Town has the right .to repair said system and bill the
owner therefor.
ARTICLE VIII
Fee for Disposal of Scavenger Waste
Section 75-8. 1 - Board to Set Fee. The Town Board shall, by
resolution, set the fee for the transporting to and disposing of scavenger
waste at the Southold Scavenger Waste Pretreatment Facility, at such fee
per gallon as shall, from time to time, be prescribed by resolution of the
Board. The fee to be paid shall be calculated on full tank capacity and
shall be applied against the operation and maintenance costs of the facility.
ARTICLE IX
Improper Disposal of Scavenger 'Waste Prohibited
Section 75-9. 1 - Penalty. No scavenger waste removed from any
cesspool or septic tank within the Southold Wastewater Disposal District
shall be dumped or disposed at any location within the Town of Southold
except at the Scavenger Waste Pretreatment Facility.
ARTICLE X
Prohibited Waste
Section 75-10. 1. Only sanitary sewage and normal domestic wastes shall
be discharged into on-site wastewater disposal systems. The following waste
shall --not be discharged into the system and shall be considered as
prohibited wastes:
(a) Industrial waste.
(b) Automobile oil and other non-cooking oils.
(c) . Drainage from basement floors, footings or roofs.
(d) Toxic or hazardous substances and chemicals including, but not
limited to, pesticides, acids, paints, paint thinner, herbicides,
solvents, photographic chemicals and water softening agents.
(e) Cesspool cleaning and drain opening products - which are
prohibited by Article 39 of. the New York State Conservation Law,
or Suffo!k County L oca! Law No. 12-1980.
Section 75-10.2. No person shall knowingly discharge prohibited waste
at the Southold Scavenger. Waste Pretreatment Facility.
ARTICLE XI
Administration and- Enforcement
a:
JULY 2 , 1985 377
Section 75-11. 1 Administration..;and._Enforcement Officer. The Town
Board shall appoint a Sanitation Inspector (referred to in this Chapter as
the "Inspector") who shall administer and enforce the provisions of this
Chapter.
Section 75-11.2 - Notice of Violation.
A. Whenever the Inspector has reasonable . grounds to believe that
operations regulated hereby are being conducted in violation of the
provisions 'of this Chapter or -not in compliance with a permit or license
issued pursuant to this Chapter, he may notify the owner of the property,
or the owner's . agent or the person performing such operations, or the
carter, to suspend all operations, and any such person shall forthwith
Lease tlper—a11u11J Until! Such nQtL fi e %:A V11J1011i,Ji1 has uGGll
B. Such notice shall be in writing, shall specify the violation and shall
state the conditions which must be complied with and the time within which
compliance must be completed before operations may be resumed.
C. Such notice shall be served upon the person to whom it is directed
by delivering it to him personally 'or by posting the same in a conspicuous
place on the premises where operations are being conducted and mailing a
copy thereof to such person by certified mail to his last known address.
D. The Inspector may extend the time of compliance specified in the
notice of violation where .there is"evidence of intent to comply' within the time specified and conditions exist which prevent immediate compliance.
E. In the event that the person upon whom a notice of violation has
been served shall fail to comply- with said notice within the time specified
therein or, within the time specified in any extension of time issued by the
Inspector, any permit or. -license' issued to such person pursuant to this
chapter shall be deemed revoked.
Section '75-11.3 - Penalties for offenses.
A. For each offense against any of the provisions of this chapter or
any regulation made pursuant thereto, or failure to comply with a written
notice or order of the Inspector within the time fixed for compliance
therewith, the carter, 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 Inspector shall, upon a first conviction thereof, be
guilty of a violation punishable by a fine of not exceeding five hundred
dollars ($500.) or imprisonment for a period not to exceed fifteen (15)
days, or both. Each day on which such violation shall occur shall constitute
a separate, additional offense. For a second and subsequent conviction
within eighteen (18) months thereafter, such person shall be guilty of a
violation punishable by a fine not exceeding one thousand five hundred
dollars ($1,500.) or imprisonment for a period not to exceed fifteen (15)
days, or both such fine and imprisonment.
B. In addition to the above-provided penalties, the Board may also
maintain an action or proceeding in the name of the District in a court of
competent jurisdiction to compel compliance with or to restrain by injunction
the violation of this chapter.
ARTICLE X11
Costs and Expenses
Section 75-12. 1 - Cost and Expenses. All costs and expenses incurred
by the District in connection with any proceeding or any work done
pursuant -to this Chapter shall be assessed against the land on which such
cost and expenses were incurred and a statement of such expenses shall be
presented to 'the owner of the property, or' if the owner cannot . be
ascertained or located, then such statement shall be posted in a conspicuous
place on the premises. Such assessment shall be and constitute a lien upon
such land. If the owner shall fail to pay such expenses within ten (10)
days after the statement is „presented or posted, a legal action may be
brought . to collect such assessment or to foreclose such lien. As an
alternative to the maintenance of any such action, the Inspector may file a
certificate of the actual expenses incurred as aforesaid, .together with a
statement identifying the property in connection with which the expenses
were incurred and the owner thereof, with the assessors, who shall, in the
preparation of the next assessment roll, - assess such amount upon such
property. Such amount shall be included in the levy against such property,
shall constitute a lien and shall be collected and enforced in the same
378 JULY 2, 1985
manner, by the same proceedings, 'at the same time and under the same
penalties as is provided by law for the collection. and enforcement of real
property taxes in the Town of Southold:
ARTICLE Xlll
Effective Date
Section 75-13. 1 - Effective Date. The provisions of this Chapter 75
shall - become effective on the first day of the month subsequent to the
completion of construction, 'and the commencement of operations of the
District's Scavenger Waste Pretreatment Facility,
This Local Law shall take effect upon its filing with the Secretary of
_ State.
26.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend,' Supervisor Murphy.. .
This 'resolution was declared duly ADOPTED:
SUPERVISOR MURPHY: Number 27 is to appoint a part-time Clerk for the Southold
Town Planning Board for the summer.
27. Moved by Councilwoman Cochran, seconded by.-Justice Edwards, it was
RESOLVED that the'Town Board of the Town of Southold hereby appoints Georgia
Rudder as a part-time seasonal Clerk.-for -the Southold Town Planning Board, effective
immediately, at a salary of $5.00 per hour.
27.-Vote of the Town Board: . Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 28 is to amend our Police Rules and Regulations.
28. Moved by Councilman Schondebare, seconded by Councilman Townsend, it was
RESOLVED that all matter after the third. sentence of Article IX, 10. c. of "The
Rules and Regulations for the Government, Discipline and Administration of the
Police Department" is hereby repealed and Article IX, 10. c. shall read as follows,
to wit:
"c. - A member of the Department who is `sick is assumed to be either at
home or in the hospital or a doctor's office receiving treatment. Since
:the municipality pays the member for such sick-time, it has the right
to determine if such sick-time is justified. Accordingly, the Department
reserves the right to call or have its representative. visit the residence
of the member when such member is 'on sick call."
28.-Vote of the Town Board: Ayes: Councilman;Schondebare, Councilman Stoutenburgh,
Justice Edwards,. Councilman Townsend, Supervisor Murphy. Abstain: Councilwoman
Cochran.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 25 is 'to advertise for resumes for five members of
the Southold Town. Licensing Review. Board, I offer that resolution.
29. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for resumes for five .(5) members of the Southold
Town Licensing Review Board.
29.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 30 is a transfer of funds.
30. Moved by Councilman Townsend, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following transfers within the General Fund Whole Town '1985 Budget:
From: . A 1990.4 Contingent ' $ 3,679. 95
A8540. 1 - Drainage, Personal Services $1-0,000.00
Total $13, 679. 99
Into: A4050.4 - Public.Health, Other
Contractual Expenses $ -3,2.50.00
A1620.2 - Buildings, Equipment $ • 429. 95
A8540.4 - Drainage, Contractual Exp. $10,000.00
.Total $1-3,679. 99
The above transfers are: needed to provide budgetaeyc needs for the. following expenses:
(1) Contract payments to Isabel Day and Eileen Peppard, contracturs• to apply BTI.
Mosquito Control Substance on Fishers Island. (2')' Provision for expenses incurred
providing basins to collect. rainwater to prevent leaching in creeks and ponds. (3)
Purchase of a new. vacuum. cleaner, for the Town Hall.
COUNCILMAN STOUTENBURGH: I appreciate the latter part on there.
JULY 2, 1985 .3 7 9
30.-Vote of the Town Board: , ,Ayes.: Coun.cilwoman,Cochran, Councilman Schondebare, .
Councilman Stoutenburgh, Justice Edwards; `Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 31 is 'to approve a bond resolution for the purchase
of one 4-1/4 cubic yard articulated.payloader .fora maximum cost of $1,25,'000..
31. Moved by Justice Edwards, seconded by Councilman Schondebare,
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED JULY 2, 1985, AUTHORIZING THE
PURCHASE OF A USED PAYLOADER, STATING THE
ESTIMATED KAXIMU1v1 COST THEREOi 16 $125,000,
APPROPRIATING SAID AMOUNT THEREFOR, AND
AUTHORIZING THE ISSUANCE OF $125, 000 SERIAL
BONDS OF SAID TOWN TO FINANCE SAID
APPROPRIATION.
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF
SUFFOLK, NEW YORK, HEREBY RESOLVES - (by the favorable vote of not
less than two-thirds of all the members of said Town Board) AS
FOLLOWS:
Section 1. The Town of Southold, in the County of --
Suffolk, New York (herein called "Town") , is hereby authorized to
purchase a used payloader. The estimated maximum cost of said
specific object or purpose, including preliminary costs and costs
incidental thereto and the financing thereof, is $125,000 and
said amount is hereby appropriated therefor. The plan of
financing includes the- issuance of $125,000 serial bonds of the
Town to finance said appropriation, and the levy and collection
of taxes on all the taxable real, property in the Town to pay the
principal of said bonds and the interest thereon as the same
shall become due and payable.
Section 2 . Serial bonds of the Town in the principal
amount of $125,000, are hereby authorized to be issued pursuant
to the provisions of the Local Finance Law, constituting Chapter
33-a of the Consolidated Laws of the State of New York (herein
called "Law" ) to finance said appropriation.
Section 3 . The following additional matters are hereby _
determined and declared:
(a) The period of probable usefulness 'of said specific
object or purpose for which said $125, 000 serial bonds authorized
pursuant to this resolution are to be issued, within the
limitations of Section 11.00 a. 28 of the Law, is fifteen (15)
years; however, the proposed maturity of said bonds or notes
380 JULY 2 , 1985
issued in anticipation of said bonds will not exceed five (5)
years from the original date of issuance of said obligations.
(b) Current funds are not required by the Law to be
provided as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes
issued in anticipation thereof in accordance with Section 107.00
d. 5 of the Law.
(c) The proposed maturity of the bonds authorized by
this resolution will not exceed five (5) years.
Section 4. Each of the .bonds authorized by this
resolution and any bond anticipation notes issued in anticipation
of the sale of said bonds shall contain the recital of validity
as prescribed by Section 52 .00 of the Law and said bonds and any
notes issued in anticipation of said bonds, shall be general
obligations of the Town, payable as to both principal and,
interest by general tax upon all the taxable real property within
the Town without limitation of rate or amount. The faith and
credit of the Town are hereby irrevocably pledged to the punctual
payment of the principal of and interest on said bonds and any
notes issued in anticipation of the sale of said bonds and
provision shall be made annually in the budget of the Town by
appropriation for (a) the amortization and redemption of the
bonds and any notes in anticipation thereof to mature in such
year and (b) the payment of interest to be due and payable in
such year.
Section 5. Subject to the provisions of this resolution .
and of the Law and pursuant to the provisions of Section 30.00
relative to the authorization of the issuance of bond
anticipation notes and of Section 50.00 and Sections 56.00 to
60.00 of the Law, the powers and duties of the Town Board
relative to authorizing bond anticipation notes and prescribing
the terms, form and contents and as to the sale and issuance of
the bonds herein authorized and of any bond anticipation notes
issued in anticipation of said bonds, and the renewals of said
notes., are hereby delegated to the Supervisor, the chief fiscal
officer of the Town.
Section 6. The validity of the bonds authorized by this
resolution and of any notes issued in anticipation of the sale of
said bonds, may be contested only if:
(a) such obligations are authorized for an object or
JULY 23, 1985 381
purpose for..which .the .:Town is not authorized to
expend money, or.
(b) the provisions of law which should be complied with
at the date of the publication of such resolution
are not substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such publication,
or
!r 1 cttrr nhl i na+i nnc arc �ti+ltnri �cri i n Sri nl a+i nn of t'.bo-
\�,
provisions of the constitution.
Section 7. This bond resolution shall take effect
immediately, and the Town Clerk of the Town, is hereby authorized
and directed to publish the foregoing resolution, in full,
together with a Notice attached in substantially the form
prescribed by §81.00 of the Law in "THE LONG ISLAND
TRAVELER-MATTITUCK WATCHMAN, " a newspaper published in Southold,
New York, and in "THE SUFFOLK TIMES, " a .newspaper published in
Greenport, New York, each having a general circulation in the
Town and hereby designated the official newspapers of said Town
for such publication. - ---
31.-Vote of the Town Board:-. ' Ayes:. , Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards,. Councilman' Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 32. is to declare the Town lead agency.
32. Moved by Councilman Schondebare, seconded by Councilman Townsend, 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 proposed purchase of a used 4-1/4 cubic yard articulated payloader for the
Southold Town Landfill'Site. .
32.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman. Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 33 is -to authorize the Town Clerk to advertise for
bids' for the purchase of this payloader: I offer that resolution.
33. Moved by Supervisor Murphy, seconded by Councilman Schondebare; it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
. the Town Clerk to advertise for bids for the purchase of one (1) used 4-1/4 cubic'yard
articulated payloader for the Southold Town Landfill Site, all in accordance with the
specifications for same.
33.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 34.is a decision on the Freedom of Information hearing
we held this morning.
34. Moved by Justice Edwards, seconded by Councilman Schondebare,
WHEREAS, Jody Adams filed an Appeal to this Board of the decision of the Chief of
Police wherein he denied her request vvith respect to .the identification of police officers
in the various police patrol sectors of the Town prior to or at the time of the assign-
ment of police officers to such sectors, and
WHEREAS, .such appeal was heard by this 'Board at 9:20 o'clock A.M., on July 2, 1985,
to consider such appeal, after due notica thereof to the appellant who did' not appear
at such time and place, and
WHEREAS, the Chief of Police appeared at and testifed at such Appeal, and
WHEREAS, this Board has considered all testimony given at such Appeal and examined
all documents made a part of the record of such Appeal,
NOW, THEREFORE, .IT IS HEREBY RESOLVED that such Appeal be and the same hereby
is in all respects denied.
382 JULY 2, 1985
SUPERVISOR MURPHY: Any questions? .(No response.)
34.-Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh,
Justice Edwards, Councilman Townsend, Supervisor Murphy. Abstain: Councilwoman
Cochran.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 35 is a decision on an Unsafe Building hearing held
today on the property of Joseph DeChiara.
35. Moved by. Councilman Townsend, seconded by Justice Edwards,
WHEREAS, the Building Inspector of the Town of Southold has made a formal
inspection of the premises owned by Joseph DeChiara, premises described in a
deed dated December 13, 1984 from the County of Suffolk to Joseph DeChiara,
recorded ;- +hc Suff6_!k ('r unt !`IV. LI J I_I FF:yV Cn DCCCMbC 7 i:: Lihi. r
9697, page 277, also referred-to. as:. Suffolk County Tax Map Designation: District
1000, Section 031.00,. Block 07.00,-. Lot -007.00,*. and thereafter prepared a written
report thereon and .filed-the-same in' his:office, and _
--WHER-EAS, .it. was-determined ,,by:-the,-.Building-.Inspector .that, the* building or structure
.
on said remises :is. da.n e . us or' un.s a to t(�ie'pub-Tic, and
WHEREAS, the Building Inspector promptly t erea er served a notice on the owner
or other persons having an interest in' said'.property, pursuant to the provisions of
Chapter 90' of the Southold Town Code, and
WHEREAS, said' notice required that the owner of said premises demolish and remove -......
the remains oft is structure remova o. commence within ten
date of the service of said notice and that .the same be completed within t irty
days thereafter,• and
WHEREAS, the owners• of said�premises has neglected or refused to comply with
the provisions of said notice within the time .specified therein; and
WHEREAS, a public hearing on said' matter was held by this Board on the 2nd day
of July, 1985",
NOW,. THEREFORE, .IT IS HEREBY DETERMINED AND ORDERED AS FOLLOWS:
1. . That based upon the written report prepared by the Building Inspector
and filed in his office and upon the evidence given by said Building Inspector at
the hearing held on !July 2,' 19854' this Board does hereby determine that the build-
ing or structure.located on said' premises .is 'unsafe or dangerous to the public:
2... That this. Board does hereby order that the building or structure located
on said'premises is in'such a dilapidated. condition that the same cannot be repaired
and secured and therefore directs and orders that the same be taken down and
removed. .
3. That it is further determined and ordered that the owners of the building
or structure on said premises shall 'erect a six-foot chain link fence acceptable and
approved by the. Building Inspector. within_ 15 'days from this date and the owner
of the building or structure on said premises shall take down or remove the building
or structure. on said premises on or before the 2nd day of August 1985.
4. In' the event that the owners shall neglect or refuse to secure and take
down and remove said structure from said'premises within' the time specified in' the
preceeding paragraph, then and in' that event the Supervisor be and he hereby is
authorized and directed to procure estimates for the removal of the building or
structure on said'premises and submit 'the same to this Board for its consideration
as soon thereafter as possible.
5.' . That thereafter this Board shall, based upon. .such estimates, provide for
the letting of a contract for the taking down and removal of the 'building or structure
on said premises.
6. . That the, cost and expenses of the taking down and removal of the building
or structure on said' premises shall be collected by the Town of Southold in'the
manner provided for in Section '90'-9. of the Code of the Town of Southold.
7. It is further ordered that a.certified• copy of this resolution be sent by
the Town Clerk to the owner of said premises by registered mail, return receipt
requested, within' three days of the .date hereof.
35.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
COUNCILMAN STOUTENBURGH: I'm not -sure if 'l read this right. We didn't give
them the opportunity to rebuild here?
SUPERVISOR MURPHY: If he puts the fence up.
COUNCILMAN STOUTENBURGH : But it says, "is. in' such a dilapidated condition
that the same cannot be repaired and secured and therefore directs and orders that
the same be taken down and removed.
TOWN CLERK TERRY: I thought that was the final decision.
COUNCILMAN STOUTENBURGH: I'll .have to say no on that, because I wanted to
give the man the opportunity to rebuild.
TOWN CLERK TERRY: I understood it was fifteen days to put up the fence and
thirty days to take the building down.
JULY 2, 1985 383
SUPERVISOR MURPHY: It could .'be `'!or!' : within, thirtyz days. to take the building
down.
COUNCILMAN. TOWNSEND : I accept that amendment.
TOWN- CLERK. TERRY: I'm sorry, I- misunderstood.
COUNCILMAN STOUTENBURGH.-' I think you could word it,' Judy, "it seems unlikely
to be repai red."
SUPERVISOR MURPHY: No, just "or!'.
(There was..cons iderable discussion concerning the exact wording concerning the
erection of the fence and/or demolition of'the building, and the Board decided to
table this 'resolution, discuss it further with the Town Attorney and then :adopt the
final resolution.)
RESOLUTION .TO. TABLE RESOLUTION. NO. 35:
Moved by Councilman Schondebare; seconded by Councilman Townsend, it 'was
RESOLVED that Resolution. No. 35. (decision on. the Unsafe Building Hearing of Joseph
DeChiara) be tabled or further,d.iscussion.
Vote of the Town Board: Ayes: : Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice• Edwards,- Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: .Number 36 is 'a resolution to support the conditional opening
of Arshamomaque Pond and Mattituck Creek.
36. Moved by Councilman Stoutenburgh; seconded by Councilwoman Cochran, -it •was
RESOLVED that .the Town Board of the Town of Southold hereby; goes on. record
-supporting the granting of a conditional "shellfish permit for. Arshamomaque Pond
and Mattituck Creek based on recent bacteriological test results submitted to the
New York State Department of Environmental Conservation by the Suffolk. County
Department of Health Services, and. said resolution be forwarded to James Redman,
New York DEC advising him the Town is 'in the process of correcting runoff conditions
int he area in' light of the recent findings.
36.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Qkay, Number 37 is 'the decision on a proposed Local Law
to amend the Code in relation to dwelling unit density.
COUNCILMAN SCHONDEBARE: I want some time to think about it:
SUPERVISOR MURPHY: Would you like to hold this?
COUNCILMAN SCHONDEBARE: I would.
COUNCILWOMAN COCHRAN : Yes.
(_Resolution. No. 37 - proposed enactment of Local Law to amend the Zoning Code
in relation to dwelling unit Density to be held for a decision at-the July 16th
Regular Meeting.)_
SUPERVISOR MURPHY: Bob: (Town Attorney Tasker) , on the decision on the Unsafe
Building, some Board members feel that they would like it taken down all together
within thirty days, others would like to say that they would like to be able to fence
it in in' fifteen days to make it safe, but have a period of time where. the man has to
rebuild the structure to make it safe, how can you word that?
TOWN ATTORNEY TASKER: What you want to do is '-everybody's agreed that within
fifteen days it should be fenced---. .
COUNCILMAN SCHONDEBARE: True. .
TOWN ATTORNEY TASKER: And everybody's agreed that it should be taken down.
SUPERVISOR MURPHY:. No.
COUNCILMAN, STOUTENBURGH : . No. Some feel that it could be rehabilitated as this
telpehone conversation has been- just this day with the man who said he would like to
do it.
COUNCILMAN SCHONDEBARE: And some of us feel that he's not going to do it and it
should be taken down.
COUNCILMAN STOUTENBURGH : But he already has committed himself by phone.
384 JULY 2, 1985
SUPERVISOR MURPHY: What would we do?
TOWN ATTORNEY TASKER: Well, 'somebody could write the resolution that within
fifteen days he completely fence it 'and that within thirty days from today that he
remove the building.
COUNCILMAN SCHONDEBARE: We'll .see if that flys. If that passes then I don't have
to worry about the rest of it.' If that fails ,I'll make a motion that he's got fifteen days
to fence it and after .that he's .got thirty days to demolish it.'
COUNCILMAN STOUTENBURGH :. May l ask Bob this "question: By commitment on
the telephone that he wanted to go ahead and. save a part of this, and if 'we go ahead
and force him' to take it-down, or take it down for him, couldn't he come and sue u=
with the idea that he had already committed himself and we took down something he
sGIU IIC was 901I19 lV l�.V Q11100V G1114 1-G11q IJ111 Ld 1C. '
TOWN ATTORNEY TASKER: Well, I really think that the statute talks in terms of
rehabilitate or make safe, so that the statute that you're functioning under envisions
that the property owner really has two options. He can make it safe or he can take
it down.
SUPERVISOR MURPHY: And he could make it safe by putting a fence up and securing
the property, sufficient fence.
COUNCILMAN SCHONDEBARE: You're assuming the fence is going to keep the kids out.
TOWN ATTORNEY TASKER: I don't know if that's going to be forever, the way you
people are talking about the whole side is off and everything.
SUPERVISOR MURPHY: But that would constitute making it safe, by putting a fence
around and if 'he doesn't maintain it then you'd have to have another hearing.
COUNCILMAN STOUTENBURGH: Then couldn't you demand that he start work on it
within a 'reasonable time?
TOWN ATTORNEY TASKER: If you fix'the time parameters, yes. . Or either for
fencing within' a certain time and thereafter within' so many days from today, that
within fifteen days he fence and that within thirty days he either makes the premise
safe or demolish.
COUNCILMAN STOUTENBURGH : Then if 'he doesn't,. then I'm.all for demolishing it,
but we're giving him' the opportunity.
COUNCILMAN TOWNSEND : We give him thirty days after the fence is in to either
make the building safe or to demolish the building, to begin the demolition.
COUNCILMAN STOUTENBURGH : Right, I'm for that.
COUNCILMAN SCHONDEBARE: Let's say he doesn't do it and thirty days are up
and we're sitting here. Are you going to say that after the thirty days we demolish
it tomorrow morning,. or are you going to give him another period of time?
COUNCILMAN STOUTENBURGH: . Nope, nope, that's it.
SUPERVISOR MURPHY: But if he wants to he can make 'it 'safe by putting a fence
around it, and 'I don't think we have anything to say about how fast he has to make,
as long as he maintains his fence.
COUNCILMAN TOWNSEND : Want me to give a crack at the resolution?
TOWN ATTORNEY TASKER: . To repair or remove is what the Code says.
COUNCILMAN SCHONDEBARE: Repair 'or, remove the building?
COUNCILMAN STOUTENBURGH : Repair 'to make safe.
COUNCILMAN SCHONDEBARE: You can't repair that building. What's the fence
have to do about repair?
COUNCILMAN TOWNSEND : Well, we had testimony that said it could be done at a cost
greater than it would cost to build a new building.
COUNCILMAN STOUTENBURGH : That's right, and if he likes the design he might---
TOWN ATTORNEY TASKER: As I mentioned this morning, your Building Inspector
really should--in this notice that he. sends, should specify what has to be done if
he's going to repair it, so that when you make your final order, you make it consistent
with the Building Inspector's recomm,enations as to what has to be done to make the
building safe.
JULY 2 , 1985 3.8 5
COUNCILMAN TOWNSEND: May ] make the'•-resolution.now?
35. Moved by Councilman Townsend, seconded. by Justice- Ed-wards, -
WHEREAS, the Building Inspector of the Town of Southold has made a formal
inspection of the premises owned y 3oseph DeChjara, premises described in'a
deed ate ecem er 13, '1984 from th-e—County-of Suffolk to Joseph DeChiara,
recorded in' the Suffolk County, Clerk's Office. on December 18, '1984, in'Libe' r
9697, page 277, also referred to as: Suffolk County. Tax Map Designation: District
'1000, Section 031.00,. Block 07.00,'. Lot 007.00,'. and thereafter prepared a written
report thereon and filed the same in'his office, and
WHEREAS, it was determined by the Building Inspector that the building or structure
on said premises is angerous, or unsa a tot the public, . and
WHEREAS, the Building Inspector promptly thereafter served a notice on the owner
or other persons having an interest in' said' property, pursuant to the provisions of
C hapitu' 9G ul Ule SODUJulu lUW'11 Cudu, .anti
WHEREAS, said' notice required that the owner of said'premises demolish and remove
the remains of this structure, removal to commence within ten (10)'. days from the
date of the service of said notice and that the same be completed within thirty '(30)
days thereafter,. and
WHEREAS, the owners• of said:premises has neglected or refused to comply with
the provisions of said notice within the time specified therein; and
WHEREAS, a public hearing. on said'matter was held by this 'Board on the 2nd day
of July, 1985,'
NOW,. THEREFORE, .IT IS HEREBY DETERMINED AND ORDERED AS FOLLOWS:
1. . That based upon the written report prepared by the Building Inspector
and filed in his office and upon the evidence given by said Building Inspector at
the hearing held on July 2,* '1985,' this Board does hereby determine that the build-
ing or structure located on said'premises is unsafe or dangerous to the public:
2.' . That this *Board does hereby determine and order that the owners of the
building or structure on said premises shall erect a six' (6) foot high chain link fence
around the immediate area of the building, acceptable and approved by the Building
Inspector, within fifteen (15) days from this date and the owners of the building or
structure on said:premises shall make safe to the approval of the Building Inspector,
or remove the building or structure on said premises on or before the 2nd day of
August, 1985.
3. In' the event that the owners shall neglect or refuse to fence and secure
or take down and remove said'structure from said' premises within the time specified
in the preceeding paragraph, then and in that event the Supervisor be and he here-
by is authorized and directed to procure estimates for the removal of the building or,
structure- on said premises and submit the same to this Board for its consideration
as soon thereafter as possible.
4. That thereafter this Board shall, based upon such estimate, provide for
the letting of a contract for the taking down and removal of the building or structure
on said' premises.
5.' That the cost and expenses of the taking down and removal of the building
or structure on said premises shall be collected by the Town of Southold in the manner
provided for in Section 90=9 of the Code of the Town of Southold.
6. It is further ordered that a certified copy of.this resolution be sent by -the
Town Clerk to the owner of said' premises by registered mail, return receipt requested,
within'three days of the date hereof.
SUPERVISOR MURPHY: Any other 'questions? .(No response.)
35.:-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman -Stoutenburgh,
'Justice Edwards, Councilman Townsend. . No: Councilman Schondebare, Supervisor
Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: That's the end of our prepared and added-to agenda. Is
there any member of the Town Board would like to have anything further to say?
Judge Edwards? (No, thank you, Frank.) Jean? .(No, thank you.) Paul? (No.)
Joe? (We've all said enough.) Jay?
COUNCILMAN SCHONDEBARE: Yes, before we all go, could the members of the Code
Committee give me some dates as to when they can meet? We have to do SEQR and
something else, for which I can't even think what it is now. And the Police Committee's
got to meet also, so please give me some dates on that also.
SUPERVISOR MURPHY: Okay, I would like to ask anyone in the audience if they
would like to have any. comments to the Town Board? Jay? .
JOHN. BREDEMEYER, Southold Town Trustee: I worked with the Town Board 'today
in developing a resolution to open both Arshamomaque Pond in Southold and Mattituck
Creek for con^litional shellfishing by the DEC, and as it has developed, I was instrument:
in' getting tine support of the Trustees and the Town Board for getting additional
bacterial testing done on these creeks by the County Health Department, and I just
wanted to be available if there are any other questions and also there were two points
that I neglected to bring up to the Town Board this afteroon that I felt were important
386 JULY 2 , 1985
and they should be aware of. The DEC did provide additional testing for quality
control on their testing and these quality control tests did prove out that everything
that they did say they were looking at was,. in fact, there and some of the questions
which arose during 1983 and 8.4's .data, which suggested that although there was some
problems .there--because in'Arshamomaque Creek these results are so astronomical as
to defy everyone's belief, looking at this relatively what you think is pristine creek
and having. very high bacterial rates, so Mr. Redman's group did provide quality testinc
and I checked it against the standard methods of the Environmental Protection Adminis-
tration and these things are all fairly standard and proved out, so that does add an
additional consistency to his data (tape defect) . Also, with respect to these source
of studies and things sometimes I have heard say that, gee, where's your constituency,
we don't hear talk about this. I have within' the last two to three weeks to a month
had about four people contact me, separate individuals, not communicating amongst
themselves, but individually and singularly come to me and. voice their concerns ove'l.
Mattituck Inlet Creek, why we can't shellfish, we're residents, we'd like to know wh
guiny on, some are residents some are commercial watermen, so I test "it's .appropriate.
that the Board knows that also and I'll provide those n'.ames of those people. I have
suggested to those people that you're the one to talk with them, either singularly or
in groups and I have tried to share some of my thoughts with them and other agencies
they can be in touch with.
COUNCILMAN STOUTENBURGH : Jay, right there, I think perhaps maybe it might
be worthy if you could get a little summary of reason why these have been closed
and what we're doing to try to correct it so that that could be here, so when people
come in'for "why can't I shellfish here", we would be able to hand them this and it
would be a capsule kind of thing. Would that be possible? .
TRUSTEE BREDEMEYER: Sure.
COUNCILMAN STOUTENBURGH : It might be a worthwhile idea that we could copy
very easily.
TRUSTEE BREDEMEYER: ' Definitely. And then the other thing is that III prepare a
list of possible people to thank on the bacteriological work the Health Department lab,
that really went overboard, the Bacteriologist did'a lot of work! there. We used..the
media which hasn't been used before, as I far as I know, in. New York State, and it
did' help us develop some of the answers as to these creeks: I would very much hope
that, as I mentioned earlier, if there is a hiatus' in' bacteriological testing in' the cold
winter months that if the Town could secure additional assistance from the County He h
Department, I'd be willing to work in'the same capacity and zero in, possibly, on sl ,:i,
branches of Mattituck Creek like we have on Arshamomaque Pond, and given the fact
that we now have, more or less, a God-given gift of low overall rainfall that reduce
bacterial counts, I think it's our obligation as men and women to work now to make
these Improvements on the drainage so that we needn't rely on providence. the next
time to reduce the counts, hopefully we will' be able to open these creeks.
SUPERVISOR MURPHY: . Thank you, Jaya Is' there anyone else would like to address
the Town Board at this time? Sir?. .
MR. FRANK TARULLI : Mr. Chairman, my name's .Frank Tarulli, 1'm. President of
the East End Livestock and Horsemen's .Association and I notice on resolutions that
we have a public hearing set for July 16th at 3:35 P.M. I'm. a little disappointed,
don't think we can get everybody out at 3:35, but as you all know,. we've held
meetings with the Code Committee on the regulation of horses and I'm sure at the
public 'hearing we'll be .able to substantiate what we feel is within reason as far as
the taxpayers and the Association. I am a little now confused as far as Resolution
12. Mr.. Townsend, 1'm. sorry, I didn't hear your comment as to the environmental
assessment on the proposal of a Local Law to provide for the regulation of Horses.
Was wondering if 'that is your notes, or is that--can I have a copy of that?
TOWN CLERK TERRY: Certainly, I'll ,give you a copy of that.
COUNCILMAN TOWNSEND : That's a form resolution and it accompanies every action
that affects zoning that's .subject to the SEQ'R Law. If you notice, we had one of
those resolutions on buying a chipper and new highway specs and buying a backhoe,
mean it's .something you really have to---
MR. TARULLI : The reason I bring it 'up is 'in all the meeting we've had, discussions
we've ,had, I've never heard of it and now all of a sudden I see it 'and I'm just concernec
that if 'we're going to implement something or do something that pertains to another
issue, but to the same issue, then I feel we should be made aware of it so that we
can comment on it.
JUSTICE EDWARDS: Here is a copy of the resolution.
MR. TARULLI : Thank you, Mr.. Chairman. .
SUPERVISOR MURPHY: You're welcome. Is there anyone else would like to address
the Town Board at this time?
387
JULY 2, 1985
MRS. MARGARET SKABRY, 390 Henrys Lame.; Peconic . I'm here again about the
Airport Study. _ Mr. Beach stated' that �affer this part of the Airport Study is completed,
the Airport Advisory Committee should report to the Town Board. There should also
be a public meeting held in order to gather or hear from the public. It 'was also stated
that the public meeting ismore than a meeting held in:public or in' a public place. A
public meeting should be widely advertised, well in .advance, in an effort to allow
interested parties to attend. If the Board should even consider continuing the study
t, Wish-to make the following request: (1) Hold a well-advertised public meeting in
the evening, not like 11:00, 3:35, 3:40, whatever. The second request is that you
hold it in'a large building to allow the majority of the residents or Southold Town
taxpayers to attend the evening-meeting. And third'; is `please no more 9:00 to 5:00
meetings during the week. That's it. Thank you.
SUPERVISOR MURPHY: Is there anyone else in' the audience would like to address the
Ti+wr. Bcz.rd?
MRS. KATHLEEN GRASECK: . I'd .like to request that the proposed local ordinance
addressing horses also be held in' the evening as a lot of interested parties would
like to attend the meeting and won't be able to at a 3:30 meeting. Thank you.
SUPERVISOR MURPHY: Thank you. Is there anyone else would like to address the
Town Board? Dave?
MR. DAVID SPOHN: 11m.oh. the Technical Advisory Committee and the Town Contact.
In' reference to meetings, I think it should be. very .easy to schedule meetings in' the
evening any time they desire and if they wish to give .information or get information
I'm always available. But I would like to add. that Technical Advisory Committee
meetings do happen in the daytime. Publicmeetings could happen in' the evening,
but you can't restrict the Advisory Committee meetings to the evening. That's .the
only. comment.
SUPERVISOR MURPHY: . Thank you, sir: Is there anyone else would like to make
a comment? .
MRS. SKABRY: I was addressing my Town Board about the Town Board being present
at these public_ meetings. I was not interested in speaking to anybody who might be
part of the Advisory Committee. I realize that they hold their public 'meetings in public
meetings on rather short notice and I have not bothered to attend. I am addressing my
Town Board. .1 also request when this 'meeting takes place that each member of my Town
Board please do attend. Thank you.
SUPERVISOR MURPHY: Thank you. Is there• anyone else at this time? ' (No response.)
Seeing that there is no-further business I would like to make just one comment. I'm
very sorry to see that the majority of the Town Board reversed a position we, had and
changed the zone on a piece of property in Cutchogue. I think we're doing the exact
thing that happened in Mattituck and I hope it just doesn't just keep going down the
Main Road and ruining and Southold. At this time I'd like to entertain'a motion to
adourn.
COUNCILMAN SCHONDEBARE: Just. a minute, Mr. Supervisor. If you wanted to make
those comments, then you should have done it 'at the time when the motion was brought
up and seconded and that's the appropriate time to discuss it.' To try to sneak it in
at the end of the meeting and then- move to adjourn it, I feel is somewhat beneath the
dignity of your office, sir..
COUNCILWOMAN. COCHRAN : I agree.
COUNCILMAN SCHONDEBARE: I have our reasons for doing so. It was talked about
at the Work Session, we wanted to square off the piece of property as we squared off
. the Kaelin's ,piece of property on Cox's Lane. We discussed it. We had a difference
of opinion, and frankly, as 1 say, I think it's beneath the office for you, at this late
stage, to try and sneak it in at the end of these minutes.
SUPERVISOR MURPHY: I don't think it's sneaking anything in. I think it's a
comment that everybody was allowed to make any comments they would like. If
somebody would like to comment further, you are welcome to do that.
COUNCILMAN SCHONDEBARE: At the time when the motion is made and seconded.
SUPERVISOR MURPHY: You are welcome to comment now. Is there anyone on the
Town Board would like to comment any further?
COUNCILWOMAN. COCHRAN: I would agree with Jay. Our reasoning was that we did
give this courtesy to Mr. Kaelin on property in Cutchogue and we're giving the same
courtesy to a' man that's been in' business a long time, that runs a good business, a
service to the community, that we are also giving him this same consideration without
considering his affiliations.
JUSTICE EDWARDS: I will second that comment.
388 JULY 2, 1985
SUPERVISOR MURPHY: Anyone else like to comment?
COUNCILMAN .TOWNSEND : Sure. I know that there are people who would like to
make political or imply there are political considerations in this in that one of the
individuals applying for the change is a prominent Republican, however, that in this
case, while it does make it a difficult decision because of that, the applicant deserves
the Change. of Zone; in' that he's surrounded now--he's surrounded on two sides and
the back and side and across the street by commercial zoning. The property was
significantly different from the other people's property who were denied a Change of
Zone, for me to grant the request, which I deemed to be reasonable.
SUPERVISOR MURPHY: Are there any other comments?
COUNCILMAN STOUTENBURGH : Yes, I felt that I judged the man on what he said.
He came in here with ine idea ihai he wanted io eniarge hib di'iVE:Wdy grid it di ikda
the reason that he was trying to get a ,Change of Zone. We told him how it could
be done without changing the zone. He does not want to do that and therefore this
is 'why I. voted against it. I think this was a sham in*the sense that he said one thing
and is asking for something else and I don't think that's .the way this should be run.
SUPERVISOR MURPHY: Are there any other comments?
COUNCILMAN TOWNSEND : Paul, just look at the minutes and I asked him that question,
if he envisoned using the property for commercial--for an expansion of his business and
he, at that point, said' that he was' note precluding that and that's why he wanted the
Change of Zone.
COUNCILMAN STOUTENBURGH: No, he said that--the idea' that I got when you asked
the ques.tion would he use it for commercial if it was changed, yes, anyone-would if 'it's
changed, that's .the only thing he could use it for. So I think that's no reason at all.
COUNCILMAN SCHONDEBARE: The minutes speak for themselves. They're public
`minutes and anyone can read them and get their own interpretation 'out of them.
COUNCILMAN STOUTENBURGH: Absolutely and my.. interpretation was the way it was.
SUPERVISOR MURPHY: Are there ,any other comments from any. members of the Tow-
Board? .(No response.) If'not I entertain a motion to adjourn and I wish everybody
happy Fourth of July.
COUNCILWOMAN COCHRAN: And a safe one.
Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that this Town Board meeting be and hereby is 'adjourned at 9:55 P.M.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
.Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
Judith T. Terry �—
Southold Town Clerk