HomeMy WebLinkAboutTB-08/05/1997 1,56
SOUTHOLD TOWN BOARD,
AUGUST 5, 1997
WORK SESSION
Present: Supervisor Jean W. Cochran, Councilwoman Alice J. Hussie, Councilman
Joseph L. Townsend, Jr. , Councilwoman Ruth D. Oliva, Justice Louisa P. Evans,
Councilman William D. Moore, Town Clerk Judith T. 'Terry, Town Attorney Laury
L. Dowd.
9:15 a.m. ., - Venetia McKeighan, Director of Human Services, met with the Town
Board to further review the proposed Companion Care Program. Also in attendance
was John Stype, the Town's Insurance Agent, and William F. Mullen, Jr.; the
Town's Insurance Consultant, who will meet with Mrs. McKeighan to review the
insurance requirements for such a program.
'9:45 a.m. - Edward Forrester, Director of Code Enforcement, met with the Board
to review his proposal for increase fees for Building Permits and Determinations.
He will meet .with Senior Accountant John Cushman to. prepare an analysis of -the
proposed increases.----The Board discussed with Mr. Forrester his responsibilities
as Director of Code Enforcement versus his duties in his prior position as Town
Investigator.
EXECUTIVE SESSION
11 :15 a.m. - On motion of Justice Evans, seconded by Councilwoman Oliva, it was
Resolved that the Town Board enter into Executive Session to discuss litigation and
employment history. Vote of the Board: Ayes: Supervisor Cochran, Councilwoman
Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans, Councilman
Moore. Also present: Town Clerk Terry, Town Attorney Dowd.
1 :10 p.m. - Recess for lunch.
2:25 p.m. - Work Session reconvened and the Board 'took up for discussion items:
The Board again discussed the question of placing a referendum on the November
ballot for a $2,000,000 farmland preservation issue. Questions arose with regard
to having the referendum on a combination of farmland, open space, purchase of
wetlands, etc. Senior Accountant Cushman will discuss the legality of such a
proposition with .bond counsel.----The Board placed a resolution (14) on the agenda
to appoint Noreen McKenna to the Land Preservation Committee, and a resolution
(15) to readyertise for a member of the Transportation Committee.----Town Attorney
Dowd submitted the draft Employee Handbook to the Board for further review. Before
taking action, the CSEA will be asked for comments they might have on the
handbook.----The Town Board placed a resolution (16) on the agenda to set a public
hearing on "A Local Law in Relation to Parking on Rocky Point Road, East
Marion".-=--Councilwoman Hussie brought to the Board the preliminary cost estimates,
prepared by Dvirka and Bartilucci, for the proposed new transfer station, the
improvements to the collection center, and the new drop-off area. D&B will be
asked to review their proposal again in an attempt to reduce the cost, which came
in at. almost $3,000,00 `for the foregoing construction.----Councilwoman Hussie also
distributed a booklet on the Ag-Bag, a new composting technology using enormous
sealed plastic bags.----The Board reviewed the draft of the Hurricane Awareness
brochure, and approved it with minor changes.----Town Board agreed the Suffolk
County Water Authority should not be charged for records of property owners
supplied by the Assessors' office.----Executive Assistant James McMahon met with
the Town Board to explain resolution no. 4, funding for the Southold Town Seed
Clam Grow Out Program - Rebuilding of Clam Grow Out Rafts Project.
3:45 p.m. - The Town Board reviewed the resolutions to be voted on at the 4:30
p.m. Regular Meeting.
4:05 p.m. - Work Session adjourned.
15.7
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on August
5, 1997, at the Southold Town Hall, Main Road, Southold, New York.
Supervisor Cochran opened the meeting at 4:30 P.M. .with the Pledge of
Allegiance to the Flag.
Present: Supervisor Jean W. Cochran
Councilwoman Alice J . Hussie
Councilman Joseph L. Townsend, Jr.
Councilwoman Ruth D. Oliva
Justice Louisa P. Evans
Councilman William D. Moore
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
SUPERVISOR COCHRAN: May I have a motion to approve the bills of
August 5th?
Moved by Councilwoman Hussie, seconded .by Justice Evans, it was
RESOLVED that the following bills be and hereby are order paid: General
Fund Whole Town bills in the amount of $129,197.73; General Fund Part
bills in the amount of $1,362.90; Community Development Fund bills in the
amount of $150,000.00; Highway Fund Whole Town bills in the amount of
$2,899.16; Highway Fund Part Town bills in the amount of $5,579.70;
Capital Projects Account bills in the amount of $6,005.32; Ag Land
Development Rights bills in the amount of $5,426.54; Open Space Capital
Fund bills - in the amount of $27,434.66; Computer System Upgrade bills in
the amount of $995.00; Employee Health Benefit Plan bills in the amount of
$79,829.21; Fishers Island Ferry District bills in the amount of $20,287.18;
Refuse E Garbage District bills in the amount of $84,693.36; Southold
Wastewater District bills in the amount of $17,800.68; Fishers Island Sewer
District bills in the amount of $543.33; Southold Agency E Trust bills in
the amount of $10,592.82; Fishers Island Ferry District Agency E Trust
bills in the amount of $824.13.
Vote of, the Town Board: Ayes: Councilman - Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: May I have a motion for the approve, of the
minutes of July 22, 1997, Town Board meeting?
Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it,'was
RESOLVED that the minutes of the July 22, 1997, Town Board meeting be
and hereby are approved.
Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
.. .Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: To set the Fishers Island Town Board meeting for
August 13, 1997, at 1 :30 P.M.
Moved by Councilwoman Hussie, seconded by Justice Evans, it was
-RESOLVED that the next meeting of the Southold Town Board will be held
at 1 :30 P.M., Wednesday, August 13, 1997, at Fishers Island, New York.
Vote of the Town Board: Ayes: Councilman. Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
AUGUST 5, 1997
n .
Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the next regular meeting of the Southold Town Board will
be held at 7:30 P.M., Tuesday, August 19, 1997, at the Southold Town
Hall, Southold, New York.
Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was ,duly ADOPTED.
REPORTS.
SUPERVISOR COCHRAN:: On our agenda of each Town Board meeting is a
listing of reports that are submitted by different departments, and the
committees within Town government. They are available in the Town
Clerk's Office. They are public information. If you have any interest in
any of these listed on ' your agenda you certainly are free to get more
information of them.
1 . Southold Town Recreation Department Monthly Report for July, 1997,.,,
2. Southold Town Building Department Monthly Report for July, 1997.
3. Southold Town Employee Leave Time for June, 1997.
4. Southold Town Employee Leave Time for July, 1997.
11. PUBLIC NOTICES.
1 . New York State Department of Environmental Conservation, Notice of
Complete Application of U.S. Department of Agriculture to operate 14
existing potable water supply wells for operation and maintenance of the
laboratory and administrative facilities at the U.S. Plum Island Animal
Disease Center located on Plum Island in Southold. Comments to be
received by August 15, 1997.
III . COMMUNICATIONS.
1 . Denise Lademann to Supervisor Cochran praising the swimming
lesson program sponsored.•by the Town Recreation Department.
2. Bernadette Castro, Commissioner of Office of Parks, Recreation and
Historic Preservation in regard to the preservation of Arshamomaque
Wetlands.
3. Thomas R. Suozzi, Mayor of Glen Cove with thanks for contributing
to the success of Orchestrating Both Coasts for a Better Sound.
4. Barbara Heaney, Village of Greenport Trustee with appreciation for
helping keep the North Fork beautiful.
IV. PUBLIC HEARINGS. None.
V. RESOLUTIONS.
SUPERVISOR COCHRAN: As you know the Town Board has a policy that if
there is anyone that would like to comment in relation to any of the
resolutions prior to the passing of the resolutions, we ask that you do it
now. We entertain your input. Is there anyone that would like to speak to
the Town Board in relation to any of the agenda resolutions? You will have
an opportunity at the end of the Town Board meeting to address the Town
Board on other Town business, but this is just in relation to resolutions at
this point. Yes, sir?
JAY GARGANI : I am Mr. Gargani, Southold. In relation to Resolution
#1, the referendum of the $2,000,000 Farmland Preservation?
SUPERVISOR COCHRAN: That is not a resolution. That is a discussion
item. Is there anyone else who would like to address the Town Board in
relation to the proposed resolutions only? (No response) If not, we will
proceed with the resolutions.
AUGUST 5, 1997 1 .5.9
1 •-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board' of the Town of Southold hereby accepts,
with regret, the resignation of William A. Bourguignon IV, Traffic Control
Officer, effective July 18, 1997.
1 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman . Oliva, Councilman . Townsend, Councilwoman Hussie,
Supervisor.Cochran.
This resolution was duly ADOPTED.
2.-Moved by Councilwoman Hussie, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the closure of Case's Lane, Cutchogue, from 6:00 P.M. to 10:00
P.M., Saturday, August 9, 1997, as a safety precaution during the Douglas
Moore Memorial Concert, to be held on the Cutchogue-New Suffolk Historical
Council's Village Green, provided the Douglas Moore Memorial Committee
files with the Town Clerk a One Million Dollar Certificate of Liability
Insurance naming the Town of Southold as an additional insured.
2.-Vote of the Town Board: Ayes: Councilman Moore, Justice 'Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
3.-Moved by Councilman Moore, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1997 budget to appropriate a donation from
Merck:
To:
Revenues
A.2705.40 Gifts & Donations
Other Donations $ 500.00
Appropriations
A.6142.4.400.100 Office for Women, Contractual
Workshops, Support Services $ 500.00
3.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
4.-Moved by Councilwoman Oliva, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran 'to' execute an Agreement
between the Town of Southold and the New York State Department of State,
for funding under Title II of the Environmental Protection Fund, for the
Southold Town Seed Clam Grow Out Program - Rebuilding of Clam Grow Out
Rafts Project; said agreement all in accordance with the approval of the
Town Attorney.
4.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor... Cochran.
This resolution was duly ADOPTED.
S.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute an Extension
Agreement between the Suffolk County Office for the Aging and the Town
of Southold for the EISEP Housekeeper/Chore Program, for the period of
March 31, 1997 through March 31, 1998, at a total budget not to exceed
$2.1,992.00; said agreement all in accordance with the approval of the Town
Attorney.
5.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
6.-Moved by Justice Evans, seconded by Councilwoman Hussie,
WHEREAS; the Town Board of the Town of Southold advertised and
accepted bids for the sale of used Town vehicles on May 27, 1997; and
WHEREAS, Liberty `Motors of Goshen was the high bidder for the
purchase of a 1991 Ford (2FALP72F8MX176021) for $891 .99 and a 1990
Dodge Van (2B5WB35ZOLK03249) for $1,692.99; and
f
1`60 AUGUST 5, 1997'
WHEREAS, Liberty Motor of Goshen has advised they are no longer
interested in purchasing the vehicles inasmuch as they are damaged,
condition that was obvious at the time they were offered; now, therefore,
be it
RESOLVED that the Town Board hereby rescinds award of the aforesaid
vehicles to Liberty Motors of Goshen, and retains their $100.00 bid check
for damages.
6.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend;-. Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
7.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission. to Superintendent of Highways Jacobs to junk four of the unsold
used Town vehicles from a recent bid: 1991 Ford (2FALP72F8MX176021),
1990 Doge Van (2135WB35ZOLK703249), 1984 Plymouth
(1P3BM18CZED302293), 1984 Plymouth Horizon (1P3BM18C4ED275873) .
7.-Vote of the Town Board: Ayes: Councilman ' Moore, Justice 'Eva'ns,
Councilwoman Oliva, Councilman Townsend, Councilwoman Husie,
Supervisor Cochran.
This resolution was duly ADOPTED.
8.-Moved by Councilman Townsend, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute an agreement
between the Town and John Henry Ship, retired Southold Town Police
Department Sergeant, for payment of his accumulated unused vacation and
sick days, all in accordance with the provisions of the PBA contract. Said
agreement as prepared by the Town Attorney.
B.-Vote of the Town Board: Ayes: Councilman . Moore, Justice Evans,.
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
9.-Moved by Councilwoman. Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the Town "Board of the Town of Southold hereby appoints
Ryan Claire (1st year) as a Lifeguard, effective immediately, for the
remainder of the 1997 summer season, at a salary of $7.50 per hour.
9.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva; Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
10.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Theresa Chabot as a ' Kitchen Aide at the Southold Town Human Resource
Center, effective August . 11, 1997, 17-1/2 hours per..*week, at a salary of
$6.46 per hour.
10.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman . Townsend, Councilwoman Hussie,
. .. . .....Supervisor, Cochran.
This resolution was duly ADOPTED.
11 .- Moved by Councilman Moore, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the following modification to the General Fund Whole Town 1997
budget as follows:
From:
A7180.4.100.100 (Lifeguard Supplies) $ 800.00
To:
A7020.4.100.100 (Office Supplies & Materials) $ 800.00
11 .-Vote of the Town . Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
s t.
AUGUST 5, 1997 t 6.1
12.- Moved by Councilwoman Oliva, seconded, by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1997 budget to appropriate a $3,500.00
donation received for the Tasker Park playground from Cross Sound
Ferry:
To:
Revenues:
A.2705.70 Gifts l; Donations
Tasker Park Donations $ 3,500.00
Appropriations:
A7110.2.500.800 Parks
Equipment
Tasker Park Playground $ 3,500.00
12.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
13.- Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was -"
"
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1997 budget to appropriate funds for Vehicle
Maintenance and Repairs in the Bay Constable budget:
To:
A3130.4.400.650 Vehicle Maintenance and Repairs $ 1,600.00
Bay Constable
From
A.3130.4.400.600 Buoy Maintenance $ 1,600.00
Bay Constable
13.- Vote of the Town Board: .Ayes: Councilman Moore., Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
14•- Moved by Councilwoman Oliva, seconded by Councilman Moore, it was
RESOLVED that the Towp Board -of the Town of Southold hereby appoints
Noreen McKenna as member of the Southold Town Land Preservation
Committee, to replace Joseph Gold, effective immediately through . July 3,
1999, she to serve without compensation.
14.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman_. Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
15.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to readvertise for a member of the
Transportation Committee to fill the vacancy caused by the resignation .of
Dwayne H. Early to April 5, 1999.
15.-Vote of the Town , Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie;
Supervisor Cochran.
This resolution was duly ADOPTED.
16.=Moved by Councilwoman Hussie, seconded by Councilwoman Oliva,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, on the 5th day of August, 1997, a Local Law entitled, "A Local
Law in Relation to Parking on Rocky Point Road, East Marion"; now,
therefore, be it
RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, August
19, 1997, Southold Town Hall, 53095 • Main Road, Southold, New York, as
time and place for a public hearing on this Local Law, which reads as
follows: - .
A Local Law In Relation to Parking on Rocky Point Road, East Marion
BE IT ENACTED by the Town Board of the Town of Southold as follows:
A,6:2 AUGUST 5, 1997
I. Chapter 65 (Parking at Beaches) is hereby amended as follows:
1. Section 65-2(B)(3) (Designation of parking areas requiring
permits) is hereby amended by deleting the following:
B.:The following road end areas..are hereby designated
as Town of Southold "Parking by Southold Town Permit
Only areas:
�—�4gdav+ew-F�ead-frem�eslyf-Reir}t-Read, � ^^^ �c���
SeuRd,€ast Matie�east:-fer-a-d+staRge a fwe-ka fed
(�89�-feet:-and-F�eslyr-F�eiet-F�ead-fFerx�e-te�ir�s .
sedtki-fer-a-distaRse-ef-f+ve-�idRdr-ed�99�-feet.
II. Chapter 92.(Vehicles and Traffic) is hereby amended as follows:
1. Section 92-41 (Parking prohibited at all times) is hereby
amended by adding the following:
The parking of vehicles is hereby prohibited at all times
in any of the following locations:
Name of Street Side Location
Rocky Point Road Both At East Marion, Aguaview
Road from Rocky Point
Road. Long Island Sound,
east for a distance of five
hundred (500) feet and
from the terminus south for
a distance of five hundred
500 feet.
II . This Local Law shall take effect upon filing with the Secretary of
State.
* Strikethrough represents deletion
Underline represents addition
16.-Vote of the Town Board: Ayes: Councilman ,. Moore, • Justice Evans,
Councilwoman. Oliva, Councilman Townsend, Councilwoman Hussle,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: That is the end of our prepared resolutions. We
do not have any public hearings scheduled for this meeting, so we can go
right into comments from the public for any Input. 1s there anything that
anyone would like to share with the Town Board?
JULIE SANFORD: I live on Locust Lane. My name is Julie Sanford.
Yesterday myself, and my family, and other residents attended a site plan
meeting in regards to the Mullen Motors.
SUPERVISOR COCHRAN: Okay, I am going to ask you,, and anyone else. .
COUNCILMAN TOWNSEND: . You are not talking .about a proposed zone
change. You' are talking about site plan, 'not a proposed zone change, right?
SUPERVISOR COCHRAN: Not the application for the zone change?
. JULIE SANFORD: Well, it is applicable, but I am here to discuss what is
presently on the premises, and we were told when we attended the
Planning. .
AUGUST 5, 1997 . 1' 6 3
SUPERVISOR COCHRAN: If I may, I am going to ask the Town Attorney
for a decision, because any discussion on the zone change should really be
held for the public hearing. This is a process we have to go through in a
zone change, and you would have the opportunity, anyone in the community
has the opportunity at that point to come, and express their views in
relation to the zone change, and the Town Board really 'shouldn't be
entertaining that information now. That's why I want you to separate what
you are going to ask.'
JULIE SANFORD: This is present complaint I would like to address the
Town with. I have a letter here from Mrs. Prince, who would have liked to
have read this, and it is in regards to the present violation that we are
currently living with at Mullen Motors in our neighborhood. Am I allowed
to proceed?
SUPERVISOR COCHRAN: On that, yes. There's a bottom line here, that
is why we can do it. We would like you to come to the public hearing, and
express all of these thoughts in relation to the zone change. Okay? We are
not to entertain it at this point. There is a publicized public hearing ,for
that zone change, if you follow me. Okay?
JULIE SANFORD: To Southolders and all whom it may concern. We have
worked hard to be a good neighbor. Just what does that mean when said
by a successful businessman? Think about it. Make a list even. That
statement was made by Mullen. But is he? You be the judge. Mullen
Motors has perpetrated a long list of site violations, acts on his property
against the Town's specific orders. Acts that most of us knew nothing
about. Good neighbor? You be the judge. Permission was granted for
Mullen to add the car lot behind his building along Cottage Place, with
these conditions: a, it was to be . used for employee parking only. b, there
was ,to be a 25 foot buffer of 27 hemlock trees between Mullen and the
neighbor's valuable property, and c, it ,.was to be enclosed by a fence and
gates with plantings along the street. Fact. There have been over 35 cars
in there overnight, no 25 feet of soil with graceful hemlocks, and the
fence, gates and plantings are gone; replaced by parked cars and multiple
access. .Three violations. , The babble showroom at the front was to have
had grass only between it� and the. Main Road. Fact, first Mullen added
two concrete pads for 'display cars. After getting a hindsight okay from
the Town for that, he covered the whole front with macadam for cars and is
now asking the Town for forgiveness for that. Two dangers here. Drivers
cannot see oncoming cars to their right and pedestrians are in danger of
being hit while walking around the cars parked on the macadam. Violation
after violation. The car lot on the west side of Cottage Place was to 'have
had a 4 foot high fence from the Video Store for about one-third the
distance to Cottage Place. The parking 'lot behind this was to have been',
customer parking only. Fact. The fence extends all the way Ao Cottage
Place. There are Mullen cars, not customer cars at the west °end. Two
more violations. Shouldn't the Town reverse these violations 'and deny
further expansion? For Mullen has shown he will never comply with any
site plan. A good neighbor's actions speak louder than words. Helen W.
Prince. P.S. Did you know Mullen owns car access toHobart Road
between two residential properties? He lets one family put their child's
swing set on it for now. Do we want any big business to own from Hobart
Road to Locust Lane in our historic village? Are we crazy? Could Cottage
Place eventually be closed to the public? Are there other hidden horrors?
H.W.P.
SUPERVISOR COCHRAN: Thank you. We have copies of that also. Is
there anyone else that would like to address the Board? I would like to
-make one clarification. I made a statement at the last Board meeting, and
upon further investigation I was not 1000 ' correct in my statement, so I
would like to correct that at' this point. I had said that none of the --trees
were on Town property. Well, when I met again with Mr. Jacobs, and when
we looked at the maps, and the markers, and everything else, the line did
go right through the middle of two of our trees. It went right through the
middle. Most of our, roads in Southold Town are right-of-ways fifty feet,
and maybe 35 is paved. Down there on Locust Lane it is only 33 feet, and
about 20 feet is paved. It has always been kind of like more of the little
AUGUST 5, 1997
path, or alley, than it has been a full highway. But, I just wanted to
correct that, that the line did go through two of our trees, right through
the middle of the trees. Clarification. Someone else like to address the
Board? Yes, ma'am? Not in relation to the zone change, do you know what
am saying?
MELANIE SANFORD: I am not citing any particular case. Just a concern.
My name is Melanie. Sanford, and I live on Locust Lane as well. I did attend
the Zoning Board meeting•' that you had last week', and I am glad I did,
because I learned where the hamlet center in Southold was. As it was
mentioned, it runs from Horton's Lane, I think, to Nickles Realty, and I
am here this afternoon out of concern for that hamlet district, and I think
that some of proposed changes and loosening up on the definition of hamlet
will really impact that stretch of land, and I think that in the next two
months I understand you will have a public hearing on changes of the zone,
and adoptions, and the exceptions. I think that is is important that we
remember where the hamlet district is, and that is should really, you know,
kind of stay a pedestrian center, and that glaring commercial businesses
really shouldn't be embedded in that site, so my concern 1 guess is just the
attempt to redefine hamlet, and we should kind of retain the historic
character, and not allow variances, and special exceptions to become the
rule here, but to maybe tighten up the codes, so that, you know, so our
Main Street is still walkable and beautiful, that quaint shops are the
emphasis, and that big sprawling commercial general businesses are kept
out of, you know, that strip between Horton's and Nickles. I was going
to ask you about the trees. I am glad you gave us a update. Half of the
tree is on Town property, and I guess what I wanted to know was what
sort of penalty will be exacted .in a case like this? Being as they are Town
trees, how will you, as the Board, now proceed in this matter?
SUPERVISOR COCHRAN: I understand that the two trees that our line
went through were not. . l don't know if they' were dead, or they should
have come down, but it had nothing to do with the rest of the area.
Usually what happens, LILCO notifies the Superintendent of Highways
after they have topped 'a tree, that is scheduled. to come down if it is
interfering.
MELANIE SANFORD: Do you know if this was a LILCO contract?
SUPERVISOR COCHRAN: Not with us'. Mr. Jacobs was going to look into it,
yes.
MELANIE SANFORD: To find out if it was private, or if it was intended
LILCO's. Someone is looking into it?
SUPERVISOR COCHRAN: We are trying to get more information the same as
everyone else is. Just another clarification I would like to make. As soon
as I became aware of the violations that presently exist, they were given
to Mr. Forrester, who is working to bring the client into compliance.
Okay? On those violations, past violations, so that is being looked at also.
We are looking at things. When I have more information, as I have said to
your Mom, I will let you khow.
MELANIE SANFORD: Then I am assuming that this came as a much of a
surprise to the Board as it did to us. I mean, no one had any knowledge
that these trees were going to come down.
SUPERVISOR COCHRAN: We didn't.
MELANIE SANFORD: So this is all a .surprise, and you have never had
anything like this happen before.
SUPERVISOR COCHRAN: This is a first. Usually the Highway Department
is notified of tree coming down, because I don't know who's law it is. It
must be a State Law. I ;don't know. But, people taking down trees on
property are not allowed to go within ten feet of the electrical wires. That
must be done by LILCO, and then usually the call is made to. the Highway
Department, and Mr. Jacobs takes down the rest of the tree. So, we are
still looking at it, too.
AUGUST 5, 1997 1 6 5
COUNCILWOMAN HUSSIE: The only thing that the Town knows about trees
happened a few years ago, when some trees were taken down in Mattituck,
as you may remember, and it was on commercial property, and at that time
it caused the Town Board to put a part in the Town Code, that said, on
commercial property you can not take down the trees until you filed a. Site
Plan with the Planning Board, but must people on residential property don't
want to take trees down.
SUPERVISOR COCHRAN: There's nothing in the Code about residential. It
only relates to commercial.
COUNCILWOMAN HUSSIE: It never occurred to us that this would happen.
MELANIE SANFORD: But, you will look into a penalty? I guess what I am
asking you, being that these were Town trees there is some sort of penalty
involved, is there not?
SUPERVISOR COCHRAN: I shall try to get a clarification.
MELANIE SANFORD: Thank you.
SUPERVISOR COCHRAN: Is there anyone else?
NANCY ZITO: I am Nancy Zito. I live across the street from the
property. Of course, naturally, because these people were cutting down 'the
trees they were all over the road. We asked, what is going on? 'Why are
you cutting down the trees, and they said, we are cutting them down,
because a parking lot is going here. Does that have anything to do with
the Highway Department? So, they were aware of what was going on is
what my point is.
SUPERVISOR COCHRAN: Who was?
NANCY ZITO: Asphlan, who were. cutting down the trees said, oh, we
are cutting down these trees because they are putting a parking lot here,
were his exact words, and l' believe him.
SUPERVISOR COCHRAN: That's not our parking lot, and the Highway
Department's parking lot.
NANCY ZITO: I know, but that is what he said.
COUNCILWOMAN HUSSIE: Did they give you any idea who, they, was?
NANCY ZITO: They said, a parking lot is going here, Mullen Motors.
COUNCILWOMAN HUSSIE: But you don't know who, they, referred?
NANCY ZITO: No. It's only natural. A notification that it was going to
be a parking lot, that they were changing the zone for a parking lot. We
were notified from the lawyer, and then Asphlan came. -When we -asked,
what. was going on here, they said, well, a parking lot is going to be put.
up here. So, someone was aware of what was going on.
MELANIE SANFORD: On the 15th of month, I stopped, because I was
.going back to work, and I had come home for lunch, and I was heading
back to work. The trees were being trimmed, and I, also, think it's very
interesting that the timing that this all happened, because after looking at
the file and reading the ' Nelson, Pope and Voorhis Environmental Impact
Statement, that came back on the 9th, and three working days after that
review had been done the trees came down. On the 14th they were there
chopping the pines, which might have been semi-dead. They were
chopping that tree, and another tree.
SUPERVISOR COCHRAN: The problem now iS trying glean good ' hard
facts is=,that everybody's story has changed.
MELANIE SANFORD: Not ours.
AUGUST 5, 1997
SUPERVISOR COCHRAN: I am not saying, .you. Don't get excited, but no
one seems to know who said, what, and who told who to do what. So, we
will continue to look at it. It is not forgotten, believe me.
MELANIE SANFORD: I do think this is an interesting note, because maybe
whoever cut those trees did them in reaction, or in response, to some of
the sensitive findings in that Nelson, Pope and Voorhis Environmental
Statement, which explicitly said, any trees over one hundred. .
SUPERVISOR COCHRAN: We are getting into the zone change hearing stuff.
MELANIE SANFORD: Okay, that is all I wanted to say.
SUPERVISOR COCHRAN: Thank you. I appreciate your cooperation.
COUNCILMAN TOWNSEND: I would like to make a couple of comments about
this Planning and Zoning Committee. Two things have been going on. One
thing ..-Jean alluded to, well, I'm not sure you alluded to, we had on the
agenda this morning we had Ed ' Forrester come in to discuss in part the
nature of this kind of problem. Quite frequently in town there are
conditions that are put .around site plans, or conditions that are put around
variances that the Town somehow loses track of. There is no ongoing
monitoring, and so there is gradual changes. It's not just this particular
issue you. are talking about. There has been several others that have been
in the papers lately. I won't go into them, but there has been several
other high profile incidents where site plans were expanded over what their
intention was, and we have to, as a Town Board, figure out how we can
better monitor these things, how we create a schedule where periodically
the site plans are reviewed to make sure that the people are complying with
the conditions that were put on them, and that is one thing we have asked
Ed to do, and he is going to work on that to figure out how through the
Building Department, or the Code Enforcement we can keep better track of
what is going on, so things like this don't happen that you are concerned
about. The second issue was read into the Planning and Zoning Committee
meeting, and this may be my fault because I have been saying we have
been allowing a lot more uses in the hamlet zoning district, and to a degree
that is not really true in a sense that what we tried to do was to see what
would now occupy these districts, and then make them legal. We did want
to make more intense use. We didn't approve any use that created a
greater intensity, that created more traffic. What we are trying to do is.
create more flexibility, to create more living community. Apartments were
not allowed in hamlets by right, and in fact we have "always had apartments
In hamlets. We have houses in hamlets. What we are trying to do is make a
less troublesome task to get something approved, and also, to make it a
more living community, make it more successful, to integrate it better with
the people that live around it, to make it less of a dramatic transition. It
surely is no intent to ruin the quality of life of the community just to
make it better. Also, create a situation where people want to have
businesses in hamlets, but we are not looking for heavy vehicle traffic. We
want to restrict that kind of use to the business and industrial use. We
are not looking for things where you have to bring in, and load. We are
.,not looking' for wholesale businesses and that sort of thing. I think when
we get finished you will be 'more aware of that, when you go through the
hearing, hopefully. Secondly, one thing that did surprise, I think, the
entire Zoning and Planning Committee., when we actually started getting out
in cars and driving around, and looking at the existing zones as they
.became after the last Master Plan was how the limits of these zones had
increased. It is quite surprising. That is something they may want to take
another look at, because a lot of these zones were expanded, and now the
predominant use in these business zones is housing. Perhaps you want to
look at that. Maybe they are too big. That is something that no one on
this Board had any say in, but it is something we want to look at after the
zones are made so that they fit in with our definition of the zone. I hope
I haven't confused you more with that, but I think a lot of people didn't
realize there is no business zone. I just talked to someone today that
didn't even realize that he was located in a business zone. There are
probably many people in that same boat. So, we have to look at that. Some
of the zones may be inappropriately placed. But, right now what we are
dealing is what you can do in those zones, not whether we have too much
property in those zones. That's all I have say on this issue.
f F, i
AUGUST 5, 1997 167
SUPERVISOR COCHRAN: Anyone else like to address the Town Board?
MELANIE SANFORD: Just to follow up you said that a lot of residents
didn't realize they were living in a business zone?
COUNCILMAN TOWNSEND: Maybe. I don't know. Some may not know.
MELANIE SANFORD: There are conditions where residents are living flush
with businesses? I am wondering how many of those businesses have
expanded, because they have special. Variances, and' in effect have to be in
keeping with the residential properties that they adjoin, because it is my
understanding, or maybe you can clarify the definition of a variance, but a
variance is a special favor, and allows certain activities in the zone that
it wouldn't 'ordinarily be allowed to take place so long as it's in keeping
with what was there already. So, I'm just wondering if we are giving out
too many variances in the town, and it's clogging our Planning Department,
and I don't want in the name of vitality to kind of change everything just
to eliminate, you know.
COUNCILMAN TOWNSEND: Variances have nothing to do with what I 'am
talking about. A variance is, we have a Board of Appeals, that is when
someone wants to do something that they can not do in a certain zones,
either use or because of the dimensions of what they want they ask for a
variance from the Code. Are you thinking of Special Exceptions, or are
you thinking of Variances?
MELANIE SANFORD: Special Exceptions and Variance. My understanding of
it, when you are talking about people., who are living next to business
zones, and aren't aware of it, I would::' imagine that a lot of those
businesses are 'there, and are acting because they got maybe a variance or.
they :were granted a favor to be able to conduct business as long as they
were kind of keeping with the neighborhood.
COUNCILMAN TOWNSEND: You can have a variance. I don't want to be
too technical, but a Special Exception is-".a permitted use in a certain zone,
but it- is the kind of uqe, that might 'have some impact if there aren't
special conditions attached to it. That's a Special Exception, and then in
those instances, for instance a gasoline station might be _. a Special
Exception in a certain zone. So, they would come and say, okay,. the
gasoline station has to have a certain amount of. buffering, you have to
have this, and this, as a special condition for the special exception. That
is an allowed use. You really have to allow it as long as you provide
certain insulation. Variances are a different thing. You don't have to
really grant a variance. A variance is, you are looking for some sort of
significant relief from the law. It is outside the zoning. .whatever you are .
looking for is not allowed in that zone, for either a use reason; or for
dimensions of the property, like side yards are too small, and that sort of
thing. They are very different things.
MELANIE SANFORD: But in any case, they both basically change the
character of the property from what it was.
COUNCILMAN TOWNSEND: I wouldn't put a Special Exception in that
class, no, but a Special Exception is designed to be in that use. You want
a little more care when you do it. We have eliminated the number . of
Special Exceptions as part of this.
MELANIE SANFORD: Is there every a case where you would revoke,
because someone hasn't them, and can that be done? Has it ever been
done?
COUNCILMAN TOWNSEND: I don't think it has ever been done.
MELANIE SANFORD: No? Thank you.
COUNCILMAN TOWNSEND: What you were talking about before I don't
think was a Special Exception. I think it was a variance.
SUPERVISOR COCHRAN- Is there anyone else that would like to address
the Town Board?
AUGUST 5, 1997
PAUL SPARA: Paul Spara. I have a question on the law here. You
mentioned the public can't talk about the upcoming public hearing. Where
is the law that says we can't make any comments on that? Throughout
history, throughout the, papers, I see all this happening all the time. This
is not litigation, okay?
SUPERVISOR COCHRAN: We are not supposed to be prejudge. In a public
hearing both sides present.
PAUL SPARA: But the public should be able to present their ideas of
what is going on.
SUPERVISOR COCHRAN: That's why there is a public hearing.
PAUL SPARA: Because all of a sudden a public hearing is coming up on
this variance.
SUPERVISOR COCHRAN: See the thing is, the other side isn't here. . In a
hearing you get both pro and con.
COUNCILMA14 MOORE: The public hearing is the designated time at which
to make comments pro and con. It doesn't matter the other side is or isn't
presented. There are instances when . an applicant chooses not attend, a
ZBA hearing for example. But it is the place at which in one file, in one
place, all of the comment, criticism, pro and con, is placed. . Legally it
creates the record that relates to that application. Anybody here could put
in writing any of your comments, all the letters submitted, and ask that
they submitted in written form, or come and give- verbal form, but it's the
comment which is created and given to the Clerk, or given Board, at the
time of the hearing, which creates the legal record upon which the Board
then makes it's decisions, and from which people can choose to appeal, or
challenge in litigation. That's what it is. The comments made here, Paul,
don't get put into that record.
PAUL SPARA: This is the question I had. The question is when
Supervisor Cochran says, .we can't- talk about that, that raised question in
my mind. If it's legal point, why can't we talk about it? That's the
question I have. I understand that the people here should understand that
when they talk about it here, then it's not going to count. They better
make sure -that -they are at the hearing to make those points again. But,
the point is, when I heard you say, we can't talk about it, which is
denying my right of freedom to express something.
SUPERVISOR COCHRAN: I didn't mean you couldn't talk about it. Maybe
that was a poor choice of words, but the hearing is a place for the
discussion pro and con.
.PAUL SPARA: It's the legal place to have it, where it has to be taken
Into consideration. Denying my right to be able to talk about anything,
because of something that doesn't apply, that I understand to be a
sunshine law, or something like that where you are into litigation, that you
can't .make comments. That's fine. To say that we can't talk about what is
going on raises some serious questions with -me.
SUPERVISOR COCHRAN: 1 could be wrong. I mean these things do
happen, but this is the way I have always understood it. Now, I could
stand corrected. I have no difficulty with that, but I still would like to
encourage people to come to the hearing, where it becomes a part of that
record of that particular zone change.
PAUL SPARA: I understand: I am just making the point, I can't talk
about it, we can't talk about it, because there is a hearing involved. It
set off some bells.
AUGUST 5, 1997 1 6 9
COUNCILMAN TOWNSEND: Making the assumption that people are coming
here to make us understand their position. You are right. I don't think
anybody can talk about anything, although we like to address current
issues of concern to the Town, and if they are here to talk to the camera
then that is fine, but we can not consider what they say, when we are
trying to grant a zone change, or not. It has to come from within the
record, the legal record, and. that can be frustrating to people, because if
you want a response .you are not going to get it, because we can't.
PAUL SPARA: I understand, but there are certain points that we need
to find out. Okay, these people who are out in the community, who don't
have legal backing, who don't have those resources, where are we going to
go to ask the questions? How are we going to know in which direction we
are going to go, where we need to go with something like this, if we can't
come to the Board, and ask those questions, if we are denied the ability to
even go into that speech, or even go into that avenue? When we come to
the hearing we are already two steps behind. A lot of these people have,
you know, high price lawyers working for them. These people don't,.
Okay?
SUPERVISOR COCHRAN: They are doing their homework. We know that,
Paul.
PAUL SPARA: Okay, so we can talk about it. You just can't comment. .
SUPERVISOR COCHRAN: We are not going to answer. We are not going to
sit in judgement, because we have, a hearing to do that: We have to make .
the decision on the zone change, okay?
PAUL SPARA: In other words, people would have to specify legal
things. They are going to have ask now, what this is?
COUNCILMAN TOWNSEND: They can ask about a hearing, what goes on in
a hearing.
PAUL SPARA: You can ask about those things, even though it has to do
with the hearing. We are not asking to make a decision, just provide some .
answers on the law. I have been doing this for six, seven years now: It
seems that a lot of times we come into the hearing, a lot of times we are
denied to ask those questions, and the information can not be provided to `
us at that time, because it is already in process so to speak. We have to
be able to ask those question prior to. I mean I heard some of them
brought up, you know, like what's the law. I mean you cut down Town
trees. To me that is pretty black and white. You come to my house, and
cut down my tree, I would tell you where it would go. To me it's a simple
matter. You cut down my tree. Now, you are either going to pay me for my
tree, or you are going to plant another, and I would prefer you plant
another one of equal size.
SUPERVISOR COCHRAN: It's been suggested. Is there anyone el.se -who
would- like to address the Board?
JAY GARGANI: Jay Gargani, Southold. Maybe I am a self-declared
ally of the preceding speaker. My remarks are directed directly to Mr.
Moore. I want to know what body of law, what section, what article, what
paragraph, he finds the constraints that you just mentioned to the
preceding speaker. I, too, feel confined in my expressions, and I think
that kind of an atmosphere needs to be clear. (Tape change. ) You know
as well as I do, due process is a very flexible statement, and also,
anything that is being said here is being documented. It is not request
testimony by any imagination or description. It. is available 'to both sides
of the issue. How do you respond to that?
TOWN ATTORNEY DOWD: I agree.
JAY GARGANI: - Due process? Due process is a two way street.
SUPERVISOR COCHRAN: Thank you. Anyone else like to address the
Board?
1 7. . AUGUST 5, 1997
JULIE SANFORD: My name is Julie Sanford, and I just wanted to know
why the .date for the hearing hasn't been set yet?
SUPERVISOR COCHRAN: We felt that since there was a change in the, if
.you recall at the last Board meeting we did explain this, that since there
was a change in the land down there, the environmental Review had come
through with no opposition from the community. Well, that is no longer
true, and it talked about buffers, and so forth, which is no longer true.
Those buffers have been removed. We sent this information in addition to
other information that has been supplied us, so that we have Voorhis, the
environmental firm, and they are readdressing the environmental aspect of
the zone change.
JULIE SANFORD: Can I ask you when the evaluation will be?
TOWN CLERK TERRY: I will be glad to answer your question to a point.
In the first place we did a resolution engaging the services of Nelson, Pope
and Voorhis. Part of that resolution was that there was a $500.00 fee,
which must be paid by the applicant. I received that check yesterday.
They have to pay in advance, and yesterday afternoon in the mail,
everything was mailed - to Charles Voorhis. So, that hasn't even reached
him yet probably.
JULIE SANFORD: Will we be notified?
SUPERVISOR COCHRAN: When the hearing is set?
JULIE SANFORD: No, when the evaluation is. Can we be notified before
hand?
SUPERVISOR COCHRAN: When it is returned to us from the firm, then it is
public information.
TOWN CLERK TERRY: Do you mind if I just say one more thing? As far as
setting the hearing, we haven't received a • recommendation from the
Planning Board yet. That is another part of the process. Then we have to
get a recommendation from' Suffolk County Department of Planning. That's
another part of the process, before we come to the point of a public
hearing.
JULIE. SANFORD: I'm sorry, the other hearing on Town zoning, ' is that a
separate hearing? Is there a date set for that, and same procedure, and
we will be notified ten days in advance?
COUNCILMAN MOORE: Not on the second one, no. You got these
particular notices, because of your proximity to the property. These are generic Code changesthroughout the entire hamlet area. Legal Notices are
put in the paper. I'm sure you will get notified.
JULIE SANFORD: How far in advance to the hearing?
COUNCILMAN MOORE: The Legal Notice is at least five days in advance.
JULIE SANFORD: At least five days, okay, a shorter time span than I
thought. I thought it was at least ten.
COUNCILMAN MOORE: That is the Legal Notice you get in the paper.
COUNCILWOMAN OLIVA: Check with the Town Clerk's • Office, or the
Supervisor's Office.
TOWN CLERK TERRY: Change of zone is at least ten days, and they_ are
always set in the evening. Local .Laws, which is the generic zoning you
are talking about is five days.
JULIE SANFORD: Okay. I,' also, have another question for you. I have
heard that on Route 48 ..you would like to stop any kind of development
going on, and wonder can you tell me, is Route 25 going to be bearing the
burden of expansion, 'because Route 48 is no longer going to be an option
for any kind of expansions of business?
AUGUST 5, 1997. 1 .7:1
SUPERVISOR COCHRAN: Joe, would you like to answer that as Chairman
of Planning and Zoning?
COUNCILMAN TOWNSEND: I do feel that limiting commercial development on
Route 48 would be a goal, although we haven't done that. I mean, we may
well do that. It might be something we should consider, but that is not
before this Board, and it's not a subject of our discussion. What we have
done is limit some of the more intense uses in some of those zones, in some
zones.
JULIE SANFORD: Uses, such as?
COUNCILMAN TOWNSEND: Restaurants, retail trade.
JULIE SANFORD: Dealerships?
COUNCILMAN TOWNSEND: 1 don't think dealerships are allowed in those
zones now, that I' am talking about. They are light business zones is what
you are talking about.
JULIE SANFORD: They ,are not allowed on the North Road anymore?
COUNCILMAN TOWNSEND: In those zones. There are some zones on the
North Road where they are allowed. There is one actually. Let me just
finish what I was going to say. The LB zones also exist on the Main Road,
and they will similarly be effected, on Route 25 they will also have less
uses. The goal here is to sort of try to keep commercial activity contained.
It's not just the North Road, Main Road. We don't want commercial uses to
expand along the Main Road either. We, want to contain them within their
appropriate uses. We are not taking it from one place, and putting it in-
another place, if that is what your question is. There is no plan to do
that.
JULIE SANFORD: I also want to say,' it seems that hamlet business is not
very well defined, and there are more restrictions on Light Business, how
can that be, and you want to make Hamlet Business even more vague, and
more kinds of general business things?
COUNCILMAN TOWNSEND: I think you are misunderstanding. We are not
trying to make it more vague. It might be a maudable goal for government.
We are trying to make it more specific actually, make it more conform with
what actually is there. I know .what you are getting at.
JULIE SANFORD: Hamlet Business is going to be encompassing a lot of
things that it never used to encompass.
COUNCILMAN TOWNSEND: It is going to allow things of similar intensity.
JULIE SANFORD: I am just worried because our downtown area, I have
seen changes in the past already, and I can't say that they necessarily look
better, as for example putting our post office on a back street. It hurt
downtown shops. There are no pedestrian that walk down the main street.
They don't get their mail, and walk down to see what is down there. The
library, you can't even see the library, because Feather Hill is jutting out
right in front of it, as you come east.
COUNCILMAN TOWNSEND: I think the general concern about our hamlet
areas, -is that as opposed to becoming over intense and overburdened as if
they tend to dry up with competition with strip malls on the other roads,.
We don't want that to happen here, because we don't want to see a lot of
strip malls on other roads, or spread out.
JULIE SANFORD: We don't want to see it on Route 25 either.
COUNCILMAN TOWNSEND: I agree with you. We don't want to see it on
Route 25.
1 e7'2 AUGUST 5, 1997
JULIE SANFORD: Because what might be thought is best for the town, you
are no longer going to . have a town. You are going to have huge parking
lots,. and I feel—looking at Feather Hill, and how, that I think was poorly
planned, because, as it is, there are all kinds of vacancies in it
presently, and I think it has ruined the look of what was there, and the
Southold Library used to, be a beautiful library, and you can't even go
through the front entrance. You can't even go ,.into the front door. You
have to go in the .back . door. The post office, to mail a letter, I'm afraid
to go there at night to mail a letter. I don't like going on the back roads
at night. The other thing is, our railroad stop looks terrible. I don't know
what it is. I look at it, and it's shocking, it is just ugly, and I know
that was torn down and what was .put up wasn't even as strong as what
was there before, because it blew down in one of the storms. Now, it is
just concrete. 1 don't know what it is, and the view from there as you
step up on this, I guess it's a platform, a concrete thing, your view is of
these big huge oil tanks. I mean if someone stepped off, and lite a
cigarette they would probably blow up.
COUNCILMAN TOWNSEND: Let me just say this. I think we are on the
same page in terms of appearance and the purpose of the hamlet zones.
JULIE SANFORD: These are views that people have coming into our town.
COUNCILMAN TOWNSEND: I think that is partially because of economic
factors, partially because of poor planning perhaps, but the goal of this
change is to make the hamlets nicer places, and to eliminate the need for
strip malls, and so forth. One of the things in 'our budget we have been
asked to do Is to present Capital Projects. One of the things I presented
for Capital Projects is a amount of money to create pocket parks within the
hamlets, you know little green areas, areas to maybe create some parking
that is conveniently located so people don't have to roam the streets in
their cars, but can get out and walk. Those are things that I think are
important.
JULIE SANFORD: I kind of feel like Feather Hill could have been village
parking, that instead of constructing Feather Hill that would have been a
nice village parking area, and it would have left everything else in place.
It's like a domino effect. It's like, okay, where are we going to do parking
now, and there is some old beautiful houses. I would hate' to see them torn
down for parking.
COUNCILMAN TOWNSEND: What we tried to do as far as housing. . .
JULIE SANFORD: Hartchamp's house, I mean, there is a nice park there
now, but the house was even more beautiful than the park.
COUNCILMAN TOWNSEND: Let me say this. 1- think that one of things we
are trying to do is to allow somebody that has a large Victorian house in a
Hamlet Business 'area continue to find the use for that, that doesn't mean it
has to be destroyed, maybe make it into a two family house or something to
continue to create a use that is consistently what it was designed for.
The zoning theoretically was to help the neighborhood, and that is why you
are all here. Well, when that has to be changed to help the community,
you know, we should do it. That is what we are doing here.
JULIE SANFORD: Is it for the town's betterment? I just feel that to
preserve as much as we possibly can now, and not have any further losses
in our downtown area.
COUNCILMAN TOWNSEND: We have to plan that. A lot of our losses are
coming through economic reasons.
SUPERVISOR COCHRAN: I would just like to share a little bit with you as
far as the railroad station is concerned. I go past it every day, and
feel like I am looking at a bunker. The Transportation Committee has been
working with the railroad, and when they first came out they presented to
us a plan, and they said, here it is. This is what we're doing, and I said,
when do we get input.' I mean this is going to sit in our community the
same as Mattituck's. They said, this is what we have for you, and
looked like someone else's plan they made changes on, and I said, I'm sorry
AUGUST 5, 1997 1 7.3 .
won't meet with you, and I left the meeting. Received several letters
from the railroad, and I still refuse to meet with them until we have the
opportunity to input. Okay. We have seen the drawings of what they are
going to do for us now, as far as the station is concerned, and it's got to
be raised because of the type trains that are going to be running this
route.
JULIE SANFORD: Are there going to be increased trains?
SUPERVISOR COCHRAN: They are hoping to improve the service. We are
also looking at possible. light rail, which would be a shuttle between
Riverhead and the Southold community, and Greenport, and Cutchogue, and
so forth.
JULIE SANFORD: For Tanger purposes?
SUPERVISOR COCHRAN: No, just for transportation to alleviate from. .why
don't you listen for a minute? From the Main Road, okay? There will be
landscaping. There will be a telephone. There will be benches. It will have
a park setting, when it gets finished over here. They will be bringing 'the
sidewalk and curbing down, so that you no longer cut the corner like
everybody does. It will make a normal turn into Travelers Street. , But, if
you could see the renderings it's hopefully going to look a heck of a lot
better than it now does.
JULIE SANFORD: Is it going to be modern? I' mean, it looks modern now.
It doesn't look very retrospective.
SUPERVISOR COCHRAN: I think we, got the best we could. It's going to
be lovely.
JULIE SANFORD: This town, I can't remember the name of the town, they
were trying to preserve their old railroad station. It's a shame that ours
isn't there anymore. Perhaps we could recreate something more in keeping
with the look of the town.
SUPERVISOR COCHRAN: 'I 'think when `it's finished it will fit .more into the
town than it certainly does now. Just be a little patient. It more
fit at
all right now. Anyone else like to address the Town Board? Mr. Wickham?
TOM WICKHAM: Tom Wickham, Cutchogue. Last week together with some.:
other people I attended a meeting of the Planning and Zoning Committee,
and we heard a rather interesting discussion about the proposals to review
and adjust the uses of some commercial zones. The previous speakers
spoke to that. 1 understood it was not just Route 48, but it involves
several commercial properties in the town. My question is, how long has
the Town Board been working on this, and what support does the
Supervisor extend to this initiative?
SUPERVISOR COCHRAN: I've been here for a year and a half, and it's
been worked on for that year and a half, and I believe it has been worked
on before then, and the majority of the work is done by Valerie Scopaz,
who is our' Town Planner, and then it evidently comes to the committee for
review: What is my position?
TOM WICKHAM: Yeah.
SUPERVISOR COCHRAN: I am supportive of the LIO zone. I have
difficulty with. .1 think part of what makes Southold unique is the business
.area is quaint, it's spread out. We don't have clutter in the hamlets; and
realize that there are some that feel that any development of sorts should
come into the hamlet area. This is a planning tool. This is a theory.
don't agree with it a hundred percent. I'm looking at the business zones
now. Although I did not attend the meeting. I had another meeting to
attend, and I will make my decisions as I go along, Mr. Wickham.
T0MA'.* WICKHAM: When will that process go forward? .It has been over two
years.
174 AUGUST 5, 1997
SUPERVISOR COCHRAN: .I understand you have been working for three
years on it. How long have you been working on it, Joe? It's your
committee, and you had it for quite a few years.
COUNCILMAN - TOWNSEND: I have been working on it for two and a half,
and calling meetings quite frequently.
SUPERVISOR COCHRAN: Just recently you have started calling frequent
meetings.
COUNCILMAN TOWNSEND: I can give you a list of every meeting I have
called, and they have been every couple of weeks mostly. Actually it's been
less lately. It's been less in the last year.
TOM WICKHAM: Can anyone give us an assessment as to whether this
process is moving forward, a time schedule?
COUNCILMAN TOWNSEND: What we have done so far, we have reviewed
the uses in the reside_ ntial zones, and those have been changed., _.We
reviewed the industrial in industrial office zones, and those have been
changed. We are at a point now, where I think we are down to the wire on
this one. We just have to basically put into language, that's fits in with
the Code. Valerie has wanted to, instead of. being so specific with the uses,
be a little more general, and one of the problems we were having is that
Valerie's time is so booked between various things that it is frequently
difficult to get her to complete the work, because- she is so busy, and also,
to get enough people together to effectively review - it. What happens is we
will get a change in cast of characters, three people some times, four some
other times. That may be my failing for not being able to get the people to
the meetings, but that is created like a re-review. Every time we review,
something else comes up.
TOM WICKHAM: That's right, and any process that takes two or three
years is bound to run into this, because people don't stay around for two
or three years. Thank you.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board?
JAY GARGANI: Now, that I have calmed my self. ' You cited a little
while ago the example of the two family house, . or the large house, and
woman having difficulty maintaining it, perhaps we can . help her. It's a
very noble gesture, although I have. doubts about the pragmatics of it, but
somewhere in the murkiness of voluminous material that you handed out at
the meeting there was statement, I can't lay my hands on the exact
sentence now, whereby it said that by creating high density multiple
housing in the hamlet areas. this will tend to balance the commercial stores
that will be created and help them to survive. It almost sounds like we are
using people as a catalytic agent to help a man succeed in business, and it
seems to me that it is the individual storekeepers responsibility to either
succeed or fail, and certainly just bringing in hoards of people thinking
that, that is going to. suffice, I don't really think that is the practical
answer to this situation.
COUNCILMAN TOWNSEND:' Let me tell you what the goal is. The goal is
to create a more vibrant community, one that doesn't close up at five
o'clock, necessarily, but there is some activity. You can get away with it,
if the commercial activity is not intense, if there isn't a lot of noise, if
it is what you would consider a small hamlet type business, where you have
walk-in retail trade, soda fountains, and that sort of thing. The
multi-family housing you are talking about, if you are envisioning of
phalanxes of multi-family housing in the business areas I agree that is
something we are not looking for necessarily. What we are considering,
and in fact the Health Department controls that, you have to have water,
and fewer in order to have a lot of multi-family housing. What we are
trying to do is to address a problem where you did have a lot of residential
properties,, and some of these were large. We loosened up, for instance,
the bed and breakfast requirements in, the hamlet' centers just so. .it's a
commercial, but it is also, you know, residential use. Recently in zoning
the trend has been for exclusively commercial, and exclusively residential
to a mixture in certain areas, especially in rural areas. That's the way it
ha-s always been, and in fact, that's the way it is now. It's just not legal
AUGUST 5, 1997 ;1 Lf7
in some instances, so we're trying to modify the law to create—it may
create some housing, it may create some rental housing, which wouldn't be
bad, because we don't have much rental housing, and may keep some people
from building rental housing where it's not appropriate outside of town. If
that happens, that's great. We don't need to spread out the housing. . What
we want to do is to accommodate some growth, but not change the
character. That's what the -intent is, and I think it's great. .
JAY GARGANI : I realize how difficult it is, and in so far as it may be
possible what kind - of a determinates would you actually use to encourage
and sustain it? At one point -a businessman comes to you and says, look
don't have enough sales, what are you going to do about it? Are you
going to pay women to have babies, or what? It really becomes a serious
matter, because I think if a businessman intends to open up a commercial
establishment he should have enough before hand knowledge to know what
he's getting into, and if he fails, that's not the Town's responsibility,
nor the responsibility of the people who are paying taxes year after year.
COUNCILMAN TOWNSEND: But if the town is attractive enough, - and it
creates it's draw by being a pleasant place to come to, and to shop,
somebody might want to come to a small downtown hamlet as opposed to go
to a shopping mail, and allow that person that has lived here to make a
living. You know, we have a lot of people that are struggling out there. I
mean, you can say Feather Hill is a disaster, but you know there are a lot
of people that want to make a living, that live here, that have had stores
in this town, that have moved there. It's within the hamlet area. It's not
up on the North Road, or it's not in .the middle on Route 25, it's between
Cutchogue, and Peconic. You know, it's in the center, and I think 'it's
appropriate that the Town try to help those business people make it, and if
this will help that's something I am happyr'to do. I think we, also, have to
provide facilities, and we have to try to make it attractive. We can't let
the 'railroad get away with looking like a bunker, as you put it. We create
some parking, of course, we want to restore the downtown hamlets to what
they once were before the shopping centers started to deteriorate. That's
the goal.
JAY GARGANI : I don't' want to take ' your time on this, but I hope you
people will keep an eye on this, maybe 'because Port Jefferson was one such
a town, and you. see what can happen. `Thank you.
SUPERVISOR COCHRAN: Is there anyone else who would like to address
the Board?
MELANIE SANFORD: I am encouraged to hear that you want to find uses
for old buildings, because I think we have some really pretty ones still
left in the town, and I know that the drapery shop right next to the ICA
parking lot just went .out of business. The woman just sold the last of her
wares, and that's going to be up for sale soon, and I don't know who has
approached Mr. Edson to buy it, but I have heard that ICA did have
their eye on it, and I was hoping that was not going to be another one of
the buildings in the town that is razed to make way for a parking lot, so I
was hoping that the Board would consider the character and look of the
town, and really, you know, look to put a new business ' in an old
building.
SUPERVISOR COCHRAN: Thank you. Anyone else like to address the
.Board'? Jean?
JEAN SANFORD: I'm Jean Sanford, and with all this discussion, and talk
about the town, It just makes me think about after World War II . I don't
know what town it was in Poland, that they rebuilt the whole town from a
postcard. Does anyone know the name of it? I asked John Witmeyer
down at the Snack Bar, and he said to ask Helen. She probably even had
the postcard, but. anyway it is just too bad that we couldn't build. I just
wish that we could rebuild houses like the Hartchamp's place, and the old
Prince house, and it may look like a real community. All those are lost,
the Grigonis place, and most of them have banks on them, when you
think about it, the Prince place.
176 6 AUGUST 5, 1997
SUPERVISOR COCHRAN: That's very true. I can't remember going to
Grigonis' to get milk when I was first married. They still kept cows.
You can see how many houses have been moved. That one on Hobart, that
was moved. I guess they can't built those houses back, but they did it in
Europe, because they felt that was psychologic.. If you want to destroy a
people or a culture you take down their architecture, and they felt that it
was that important. I think it's important here.
SUPERVISOR COCHRAN: Thank you, Jean. Yes, ma'am?
ELIZABETH JONES: I'm Elizabeth Jones. I feel compelled to talk to you
about the zoning. My .husband and I purchased a home on Town Harbor
Lane. We're spending our life savings restoring a lovely old Victorian. We,
also, own a home on Youngs Avenue, so we are affected by both of these
situations, the railroad. We moved specifically from Youngs Avenue, because
of the business zone, the laws that were in existence, the other zoning
laws. r We were well aware of it, the traffic and whatnot. We, also, got
wind of .the fact that, Agway might consider expanding, and the railroad
which was really an unpleasant sight to have to look at two doors down
from us. But, I must say we were horrified by the situation with the trees
coming down around the corner from us. I take a lot of pride in that
neighborhood. I love the neighborhood. I love the neighbors, and to ride
around on my bicycle the other day with my three and a half year old and
see what they did to that plot of land. I feel such empathy for the people
who live on that street, and I know this could happen to us. We're right
around the corner, and it would kill us. We put our life savings, and our
heart, and our soul into' this house, and then to have a parking lot put in
our beautiful, historic street. This is a really, really tight
neighborhood. I'm sure you are familiar with it. I teach fourth grade.
We speak about local history, and I pleasantly talk about my neighborhood.
I have a lot of pride for that particular neighborhood, Founders Landing.
You were talking about the vitality and wanting it to be a pleasant place
for people to come and visit, not to come and buy a car. Take the time and
energy, restore the older homes. By all means encourage people to buy the
older places, and maybe put business in there, but it is a lovely small
hamlet, and we already 'tdlerate Mullen Motors test drivers coming down
our block. Either the mechanics after they have taken care of a car they
sped up our street to make sure that the it's working, or if someone is
testing, driving a car that they might purchase. I tolerate this what is
happening to this neighborhood.
SUPERVISOR COCHRAN: Have you noticed any increase in traffic on Town
Harbor?
ELIZABETH JONES: On Town Harbor? The traffic is bad.
SUPERVISOR COCHRAN: There's been an increase? Because when you
look at Founders Landing, Hobart goes one way, and then you have Cottage
Place, which is clogged, then you have Locust, which is only 20 feet wide
in pavement, .and then Town Harbor, so most traffic would have to use
Town Harbor.
ELIZABETH JONES: The traffic has been, like I said. .in summer it's
very. .and. Another issue the people really do speed up and down. I don't
know if there's anything you can do about that.
SUPERVISOR COCHRAN: Yes, we can notify the Police Department.
ELIZABETH JONES: So, please, take the homeowners' feelings into
consideration.
SUPERVISOR COCHRAN: Anyone else like to address the Board? (No
response:) If not, I will call for Board reports, and I'll start on my right
with Justice Evans. Anything to report?
JUSTICE EVANS: No, I look forward to seeing you all on Fishers Island
next week.
SUPERVISOR COCHRAN: We look forward to journeying over.
Councilwoman Hussie?
AUGUST 5, 1997 177
COUNCILWOMAN HUSSIE: I don't have any reports, but I would like to
reply to just one aspect of Ms. Sanford's comments about the post office,
and the Board's involvement in that. The post office, as you know, is a
private organization. It contracts with other private people as to where
they are going to put their post office. They don't come to the Board, and
say, where would you like us to put the post office? ' They just do it. I
agree, if you are remembering the old post office when I first came here,
cute as can be, but terribly small. I can see how they had to expand.
That's a I I I had to.say.
COUNCILMAN MOORE: I think I am happy to announce, or almost to
announce, that our Code Committee has been working weekly, and now two
times this week on the Cellular Communication Tower Ordinance. I want to
thank everyone on the committee who has worked very hard on that. We
have a meeting this Friday, hopefully to hash out the final changes to the
draft, and next Wednesday at Fishers Island we will just pass a resolution,
not the document. We can't do that just yet. It's part of the process, but
referring it our Town Planning Board, and Suffolk County Planning
Commission to keep that process going, so that we will, all going well, have
the law in place prior to the expiration of the moratorium in mid-September.
So there is an instance where the Code Committee sat down with the Board
members, and people of the community. Worked very hard this summer.
Someone joked last night, and in fact said, how did you spend your summer
vacation, Bill? We've been doing the cell tower ordinance. There are a. lot
more issues for the Code Committee to work on once we get this. We are
almost there.
SUPERVISOR COCHRAN: Councilwoman Oliva?
COUNCILWOMAN OLIVA: I have attended a lot of Code Committee meetings
about the cellular towers, and what we are trying to do is to make it easy
for them to be put in industrial areas, a little bit harder to be put in
commercial areas, and extremely difficult to put in residential areas, so,
that the residential people are not impacted by these but yet not deterring
the use of the cellular towers, because we really can't do that. Also, I
attending a Planning and Zoning Committee meeting. We -are trying to
change some of the uses in the various zones, while not changing the zones
in themselves. But is a lot of business property out there, hamlet
business, and I would be. delighted to meet with any of you folks that
would like to go over it, just to go over it and show .you on the ,maps,_ and
with the streets, and perhaps you can go out and do a field inspection. I
think that's the best way to do it, because that's what we did. We found
out just how much hamlet business zoning is in the Town of Southold, so
there is something to be looked at. Otherwise have a nice summer.
COUNCILWOMAN HUSSIE. I have been at all these Code Committee
meetings, too. As the Code Committee knows, I have been carrying the
banner for not allowing cell towers in residential zones at all, and, Ruth,
I'm sorry to contradict you. You said, that you can't do it, we can do it,
but we choose not to, some people choose not to. There's a distinction
there.
SUPERVISOR COCHRAN: Councilman Townsend?
COUNCILMAN TOWNSEND: I think I have talked enough, this meeting.
think I will just let it go at that. You basically have been aware that we
-did have the meeting where people came and listened to the code changes.
had a nice time at the North Fork Environmental Council picnic this
weekend. I want to congratulate that group for their good work, and I
had a good time. Went to one of the two Code Committee meetings.
Unfortunately I had a conflict with the other, but, it is a complicated
thing, and it's not something—Bill would probably be the one to comment on
this, but these things are utilities, and as utilities they have special
rights. It's tough. You have to craft your role very craftily, because it
is very tough to exclude them, especially if they need to be in a certain
geographic district. We just have to make it as attractive to them not to
be there, as possible. I'm not sure that the law would allow us to totally
exclude them. If Alice wants to present that I would certainly like that.
AUGUST 5, 1997
SUPERVISOR COCHRAN: I just have several things to report. You may or
may not be aware that the 2 o real estate tax has passed for Easthampton
only. I was in touch with Albany back and forth over the weekend
Saturday and Sunday. They met on Saturday, and the Assembly did pass
the bill at that point, and on Sunday they went back into session at 2:30,
and the Senate passed the bills for Easthampton. I had been in contact
with Senator LaValle. I have been in contact with Supervisor Cathy
Lester of Easthampton, and we looked at this, and' it was Mr. LaValle's
feeling that if he' found an opportunity to •slide us into the bills, he
certainly would, us, Southampton, Shelter Island. What was happening is
if they began to put more . town's into the bill the real estate lobby began
to object more stringently. Most of your upstate towns were against
allowing us to have the right to put it on the ballot, and let people • vote
for it through a referendum. Some of the feeling, also, was that if
Easthampton got theirs. 'past this year it certainly would put the foot in
the door for the other towns to be able to present it to the legislature
next year. So, at this point it has been approved for Easthampton. It
will be $250,000 as far as residents are concerned, $100,000 and under as
far as land. The buyer will have to pay the 20, and they will be putting
it up for a referendum. In talking with' some of the other Supervisors we
feel that this is actually a good pilot, and we will all be watching it very
carefully. Also, in relation to Arshamomaque the property that should be
preserved down here between Chapel Lane, and Albertson Lane. I do have
Deputy Commissioner of Land Management from New York State Parks
requested if he could come down next week, and tour the property. I am
not looking at it as. .I ' don't know if it's premature, but it's been put on
the Governor's list. It is hopeful, that there will be .funds forthcoming
that will help Southold Town purchase these properties. There is one small
property on the. corner, which was the Ciacia property, and we have the
opportunity to purchase it at, a very good price, and the Town Board has
decided that we would like to purchase it. It comes through the Attorney
General's Office. That will make it easier when we try to obtain funds from
other areas. I almost said the price, and I don't want to say the price.
It's not public information right now. But, we are hopeful that State and
Federal will look at it where we have pledged good faith by buying the first
parcel, that hopefully we can obtain the entire area. We are working with
-the Nature Conservancy on this. I attended a meeting of the Suffolk
County Parks. It was hosted up here at the park in Southold. There is a
great deal of talk in. the County of building golf courses with non-toxic
chemicals, and so it was a lively meeting. The food was good, and it was
nice to see people that I had served with in the past. That's about all I
have. It's been busy. We have had lots of internal meetings, and getting
different departments on line. Thank you for joining us. May I have a
motion to adjourn?
Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that this Town Board meeting be and 'hereby is adjourned at
5:55 P.M.
Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, 'Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Judith T. Terry
Southold Town Clerk