HomeMy WebLinkAboutTB-08/19/1997 SOUTHOLD TOWN BOARD
AUGUST 19, 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.
9:05 a.m. - William Milusich, Chairperson of the Board of Ethics, met with the Town
Board to discuss the Applicant Transactional Disclosure Form developed by his
committee. The purpose of the form is to provide information which can alert the
Town of possible conflicts of interest and allow it to take whatever action is
necessary to avoid same. A resolution (14) was placed on the agenda to approve
the use of the form.
9:15 a.m. - The Town Board took up the following For Discussion items: After a
final review of the proposed "Local Law in Relation to Wireless Communication
Facilities", a resolution (16) was placed - on the agenda to refer it to Town and
County Planning Departments.----Councilwoman ..Oliva presented . a request from
Melrose Marine Service, Inc. ' to dispose of liquid drainage from dredge materials at
the Scavenger Waste Plant. Although-Melrose state they will be passing the liquid
through very fine filters to removal almost all particulate matter, the Board
questions the need to test the liquid before permitting the disposal. Councilwoman
Oliva will obtain additional information and bring it back to the Board at the
September 2nd work session.----Councilwoman Oliva updated the Board with regard
to the Town of Southold Erosion Mitigation - Duck Pond Point to Horton Point.----
Request from Eagle's Neck Paddling Company for development of beach parking pass
for their type of business. Currently the only permit provided for in the Code is
Hotel-Motel. The Board agreed the request should . be reviewed by the
Transportation Committee and Parks, Beaches S Recreation Committee.----Senior
Accountant John Cushman., met with the Board to discuss a propsal from WorldCom
for telephone service, which he believes would realize a :savings of at least 25% by
implementing the proposal. He is expecting a second proposal, and will report back
to the Board at the September 2nd work session.----Town Board set Wednesday,
August 27th to interview -an applicant for the Affordable Housing Ad Hoc Committee.
They also extended to Friday, August 29th, the deadline for receiving resumes for
the Fort Corchaug Ad Hoc Fort Area Committee and Fort Corchaug Ad Hoc
Recreation Committee.
EXECUTIVE SESSION
10:05 a.m. - On motion of Justice Evans, seconded by Councilwoman Oliva, it was
Resolved that the Town Board enter into Executive Session to discuss employment
history and CSEA negotiations with Vito Competiello, the Town's labor management
consultant. 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.
11. 4
AUGUST 19, 1997 1.9 3
11 :20 a.m. - The Town Board met with Charles Voorhis, Environmental Consultant,
with regard to his. environmental review on the "Local Law in Relation to Wireless
Communication Facilities". A resolution (17) was placed on the agenda for the Town
to assume lead agency and circulate the Long EIS Part 1 & 2.----Mr. Voorhis then
discussed his supplemental review .with regard to the Richard & William Mullen change
of zone petition. He said the Town has three options: SEQRA allows denial of the
application outright .and a negative declaration on the decision; or perhaps require
a Part 3 Environmen.tal Assessment Form which could include a site plan; or
requirement of a scoped' down Environmental Impact Statement. Mr. Voorhis will be
submitting his supplemental review in the near future.
11 :45 a.m. - The Board continued For Discussion items: Councilwoman Hussie
reviewed the agenda for the August 20th meeting between the Town and NYS-
DEC.----Supervisor Cochran updated the Town Board on the two incidents of
hazardous spills at the Landfill, and the $22,000 plus cost for Hazmat emergency
response and removal by Chemical Pollution Control.----The Board set 4:00 p.m. ,
Wednesday., August 27th to interview applicants for Police Officer.
12:15 p.m. - The Town Board reviewed the resolutions to be voted on. at the 7 :30
p.m. regular meeting.
12:25 p.m. - Recess for lunch.
2:10 p.m. - Work Session reconvened and Councilman Townsend, Chairman of the
Planning & Zoning Committee, reviewed the final recommendations for changes to the
"B" zones. During the review some important changes were made, and the Town
Attorney will now put all the, changes in Local Law form.
EXECUTIVE SESSION
3:20 p.m. - On motion of Councilwoman H-ussie, seconded by Councilwoman Oliva,
it was Resolved that the Town Board enter into Executive Session to discuss
employment history and litigation. 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.
5:10 p.m. - Work Session adjourned.
* *
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on August
19, 1997, at the Southold Town Hall, Main Road, Southold, New York.
Supervisor Cochran opened the meeting at 7:30 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 audit of bills
for August -19, 1997?
9 4 AUGUST 19, 1997
Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the following bills be and hereby are ordered paid:
General Fund Whole town bills in the amount of $316,123.45: General Fund
Part Town bills in the amount of $8,277.19; Community Development Fund
bills in the amount of $40,000.00; Highway Fund Whole Town bills in the
amount of $7,791 .81; - Highway Fund Part Town bills in the amount of
$21,486.89; CHIPS (Highway Part Town) bills in the amount of $24,173.98;
Capital Projects Account bills in the. amount of $138,815.72; Ag Land
Development Rights ' bills . in the amount of $2,000.00; Computer System
Upgrade bills in the amount of $1,325.95; Employee Health Benefit Plan bills
in the amount of $33,940...95; E-W Fire Protection District bills in the
amount of $73,079.00; Fishers Island Ferry District , bills in the amount of
$57,709,67; Refuse & Garbage District bills in the ''amount of $12,713.11;
Southold Wastewater District bills in the amount of $959.32; Fishers Island
Sewer District bills in the amount of $555.51; Fishers Island Ferry District
Agency & Trust bills In the amount of $398.60.
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 to approve the minutes of
August 5, 1997 Town Board meeting?
Moved by Councilwoman Oliva, seconded by Councilman Moore, it was
RESOLVED that the minutes of the August 5, 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: May 1 have a motion to approve the minutes of
August 14, 1997, the Town Board meeting held at Fishers Island.
Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the minutes of the August 14, 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: May I have a motion to set the next Town Board
date for Tuesday, September 2, 1997, at 4:30 P.M.
Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the next regular meeting of the Southold Town Board,
will be held at 4:30 P'.M. , Tuesday, September 2, 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.
AUGUST 19, 1997 95
I. REPORTS.
SUPERVISOR COCHRAN: As you know the Town Board receives from the
different departments, and the different Boards monthly reports, and those
monthly reports are placed on file with our Town Clerk. They are public
information. If you have interest in any of them you may come during
regular working, hours, and obtain the information that you might like about
any of the operations within Town Hall.
1 . Southold Town Clerk's Monthly Report for July, 1997.
2. Southold Town Scavenger Waste Treatment Facility Monthly Report for
July, 1997.
3. Southold Town Justice Evans Monthly Court Report for July, 1997.
4. HHS Administrators Town Claim Lag Study Analysis for July, 1997.
5. HHS Administrators PBA Claim Lag Study Analysis -for July, 1997.
6. Southold Town Program Report for the Disabled July, 1997 Events.
7. Southold Town Program Report for the Disabled August to November,
1997.
8. Southold Town Trustees Monthly Report for July, 1997.
9. Southold Town Police Department Monthly Report for July, 1997.
10. Southold Town Justice Bruer Monthly Report for July, 1997.
II . PUBLIC NOTICES
SUPERVISOR COCHRAN: We have several public notices. I would like to
just call attention to one of the communications we received. We had a
request from people in .the area of Middle Road and Depot Lane for a traffic
signal. Of course, the Town Board does not make this decision. It is sent
to the Department of Public Works and they do a traffic study to see if it
warrants any change in the traffic pattern. So, just to let those people
know that we did receive a letter that they acknowledged our request, and
as they are very, very busy it will take awhile before the study is done. It
usually takes quite a while.
1 . Corp of Army Engineers, New York District application of the U.S.
Department of Agriculture to replace bulkhead and replace steel sheeting , .
and fender piles and install a freight ramp and lift mechanism, mooring
cluster, riding clusters and dolphins to provide safe access to. Plum Island
for personnel and equipment at Plum Island Harbor, Southold. Comments to
be received by September 2, 1997.
2. Corp of Army Engineers, New York District application of Dr. Gino
Scartozzi to remove seven feet from ' the seaward end of an existing fixed
pier and install a ramp and float secured to two dolphins. Comments to be
received by September 2, 1997.
III . COMMUNICATIONS"
1 . Margaret Vitale, of AACA Peconic Bay Region in regard to the
1997 Peconic Bay Tour. .
2. Douglas McKay, Department of Agriculture and Markets thanking
the Supervisor for the invitation to Fishers Island.
3. Charles J. Bartha, Acting Commissioner of the Suffolk County
Department of Public Works acknowledging the request for a traffic signal
at the intersection of Middle Road and Depot Lane, Cutchogue.
IV. PUBLIC HEARINGS
1 . 8:00 P.M. on a proposed "Local Law in Relation to Parking on Rocky
Point Road".
AUGUST 19, 1997
V. RESOLUTIONS
SUPERVISOR COCHRAN: As you know the Town Board has a policy in
relation to the resolutions. If you would like to address the Town Board,
or have any input in relation to any of the resolutions on the agenda, this
is your opportunity before we act on them. If you have something in
relation to Town business that is not a part of the agenda, but would like
to share it with the Town Board there is time for that at the end of our
business. So, is there anyone that would like to address the Board in
relation to any of the Town Board resolutions?
FREDDIE WAXBERGER: Freddie Waxberger, Orient. I would like to
address the resolution in relation to the telecommunications tower
legislation. First of all, I would like to thank the members of the Code
Committee, and Chairman Moore for being as patient ,and welcoming as they
were for us to sit in and make comments, and I know sometimes drive you
to exasperation, and I'll probably do' that again right now to some extent. I
would like to address the degree in which the, legislation as presently
written to some extent assumes that towers will be in 'residential areas, and
if I read the legislation - correctly the difficulties that are places before
the telecommunications servers are not so great as to:hamper them really in
any way from eventually' being in residential areas, but the legislation
would accomplish, . if I `read it correctly, is to limit 'them to within one
hundred feet of the nearest property line, and to make sure that the tower
is screened in . some way. I know that the Code Committee worked very
hard and long on this legislation, and I realize that we are in an area
without much precedent. ' This is a new problem, which has been essentially
created by Washington, and that the committee has, as we have been,
struggling to find our way through the implication of this legislation.
Many other communities, Town Boards, and many other municipalities have
written laws that are more stringent than the one presently before the
Town Board, and I do feel that, although there is the requirement of
screening, and requirement of a certain setback, .. that this will really not
be enough to satisfy the needs of many people, who have invested in
properties, in some cases invested a great deal in their residential
properties with the understanding that they were in residential areas, and
will not be really enough to protect them from suffering a severe loss of
property value by having a tower rise, even within a hundred feet, even if
it's screened. As you know I have been pressing the Code Committee to
consider including Type I SEQRA designation for towers. It is something
that I think should reasonably be done by the Code Committee in relation to
other kinds of initiatives as well. There should be a list of initiatives
that are automatically designated Type I, and that there should be a visual
environmental assessment forma The requirement for that should be included
in the legislation, and' I realize the concern of the committee, and the Town
Board that they do `not. want to make the legislation, if I understand
correctly, they do not want to make the legislation so restrictive that the
applicant will sue, and run the risk of overturning all of the other
limitations that are placed, and the restrictions that are placed in this
law. My understanding -is that there is severability -written into the law,
and •that they are overturning one element, if the law would not overturn
the other elements in the law. More than that it seems to me that any law
that is written to avoid being sued, considering ,that NYEX or other large
industrial intruders, such as NYEX, which have a lot of money at their
disposal, will automatically sue if there is any kind of impediment put in
their way, that a law that is written to avoid being, sued by them means the
law is being written essentially to let them get in where they want with
only these few limitations with screening and setback. To my mind that is
not the kind of legislation that protects the residents of the town, and I
would like to address it in a larger sense. I have been, as you know, kind
of involved one way or another with various problems in the town for about
fifteen years now. One of the problems that we identify very early in the
way the Town addressed many of these problems, that were initiatives
brought by very powerful rich outside development interest. Number one,
we don't want to be sued, and number two, kind of willingness on the
Town part to tell itself, well, there's nothing we can do, so we can't do
anything. This ultimately over the years has not served the interest of the
residents of the town, this attitude, . and I feel:, that the pressures are
going to be greater, the amount of financial pressure put on the town is
going to be ever greater, and it really is an opportunity for you, as the
AUGUST 19, 1997 19.7
present sitting members of the Town Board, to change this pattern that
really has' been a very pattern in the town in the past. The present Board
could, in fact, change this pattern, and take a much more aggressive
stance in defending it's residents. There are at the moment threats .to our
residential areas from all directions, but the residential areas are really
the heart of Southold Town, and the residents, the taxpayers, are the
backbone of the town, and the residents really do need to be protected by
the .Town Board. My concern is that the legislation as it is presently
offered, not only doesn't protect the residents , but will, in fact, if it's
passed in it's present form, make it more difficult ultimately for residents
who are adjoining areas where towers to be built will make it more difficult
for those residents to bring litigation themselves, because the Town has
'adopted an essentially permissive stance. So, I would urge, once again, of
the Town Board to keep your mind open, and do some more exploration and
research about the possibility of including at least a Type I SEQRA
designation, which would not exclude anybody from entering residential
areas, but would make it possible for the town to have a full Environmental
Review and consideration with the impact of the construction of the tower in
residential area, a visual impact, impact on residential values, and impact
on the health and safety, and well-being of it's citizens. Thanks.
SUPERVISOR COCHRAN: Thank you. Is there anyone else that would like
to address the Board on this resolution, or any of the others? . (No
response.) Then we shall proceed with the resolutions.
1 .- Moved by Justice Evans, seconded by Councilwoman Hussie, 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 North Fork Housing Alliance for the
Southold Town/Suffolk County HOME Investment Partnership Program; said
agreement subject to the approval of the Town Attorney.
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 Justice Evans, 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
the Southold Union Free School District for the DARE Program:
To:
Revenues:
A.2705.60 Gifts 6 Donations
DARE Donations $ 1,700.00
Appropriations:
A.3157.4.600.150
Juvenile Aide Bureau, Contractual Expense
DARE, Student Supplies $ 1,700.00
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 Councilwoman Oliva, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Building Inspector Michael Verity to attend a mandatory New
York State Code Enforcement training seminar at Hempstead, New York,
on August 26, 27, 28, 1997, and the use of a Town vehicle for travel, and
necessary expenses for meals shall be a legal expense to the Building
Department's 1997 budget.
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 Councilman Moore, 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 agreements
between the Town of Southold and the following individuals/businesses for
the 1992 Fall Recreation Programs, all in accordance with the approval ,of
the Town Attorney:
91
AUGUST 19, 1997
Thomas Andrejack (faux finishes)................................................ $201hour
Lisa Baglivi (drawing)................................................................... . $25/hour
Carol Benson (Country Western Line Dancing)........................... $30/hour
Harry Beresford (men's basketball).............................................. $15/class
Thomas Boucher (guitar)................................................................ $20/hour
Eileen Casella (acrylic/oil painting).............................................. $18/hour
Eugenia Cherouski (folk dancing)................................... .............. $201class
Shirley Darling (Tennis).................................................................. $20/class
Lauren Egan (Adult CPR).......:....................................................... $50/person
(Pediatric CPR)................................................. ........ $35/person
(Re-Certification)....................................................... $25/person
East End Insurance Services (Defensive Driving).......................... $35/person
Joseph Finora (income taxes):....................................................;.. $18/hour
Bob Fisher (computers).................................................................. $25/hour
Tom Fox (Cartoon Drawing)........................................................... $24/class
Dan Gebbia (dog obedience)......................................................... $45/dog
Carol Giordano (Baton).................................................................... $20/class
DaliaGorman (Yoga)....................................................................... $25/hour
DavidHaurus (Golf)......................................................................... $37.50/person
Hidden Lake Farms (Horseback Riding).......................................... $1651person
(Horsemastership)......................................... $140/person.
Eleonora Kopek (arts & crafts)..............................................7........... $24/class
Mary Mulcahy (Horseback)............................................................... $1651person
Mattituck Lanes (Bowling)...................................................;........ $32/person
Jim Mikelbank (youth basketball)............................................... $20/hour
Basil Northam (adventures on N.F.)........................................... .$20/hour
Martha Prince (step aerobics).,.................................................. $20/hour
Riverside Gymnastics (Gymnastics)........................................... $50/person
Jeanne Ruland (Body Sculpting/Aerobics).................................. $25/hour
Steve Smith (weight lifting).......................................................... $20/hour
Southold Town Landmark Preservation Commission (historic)... $35/person
Sandy Standish (Arts & Crafts).................................................... $18/hour
Joann Terkowski (Folk Dancing).................................................. $20/hour
Chris Vedder (Golf)...................................................................... $37.50/person
Dorothy Wolf (bridge).................................................................. $251hour
Ken Wydro (dream interpretation/Feng Shui)............................. . $20/hour
4.-Vote of the Town Board.- Ayes: Councilman Moore, Justice Evans,
Councilwoman , Oliva, Councilman Townsend, Councilwoman Hussle,
Supervisor Cochran.
This resolution was duly ADOPTED.
5.-Moved by Justice Evans, seconded by Councilwoman Hussie, It was
RESOLVED , that the Town - Board of the Town - of Southold hereby
authorizes the establishment of the following Capital Project In the 1997
Capital Budget for Improvements to the Sandy Beach Boat Ramp:
Capital Project Name: Sandy Beach Boat Ramp Improvements
Financing Method: Transfer from General Fund Whole Town acid a New York State�Grant
Budget: Revenues.
113089.50 State Aide S1.250.00
115031.45 Transfers from Other Funds 1,250.00
Appropriations: I Capital Outlay
H.1620.2.500.300 Buildings&Grounds. Cap
Sandy Beach Boat Ramp.Tmprovements S2,500.00
5.-Vote of the Town Board- Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, "Councilwoman Hussle,
Supervisor Cochran.
This resolution was duly ADOPTED.
AUGUST 19, 1997 1 9�9
6.-Moved by Cpuncilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold modifies the
1997 Capital Budget for the following Capital Project for Improvements to
the Skippers Lane Bulkhead:
Capital Project Name: Slippers Lane Bulkhead
Funding Method: Transfer from General Fund Whole Town and.a New York State Grant
Budget Increase: Revenues:
H.3089.40 State Aide S 616.00
H.5031.40 Transfers from Other Funds 616.00
Appropriations:
H.1620.2.500.600 Buildings &Grounds, Capital Outlay
Skippers Land Bulkhead S 1,232.00
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 Oliva, seconded by Councilwoman Hussie, It was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1997 budget as follows:
FROM:
A7180.4.400.200 (Water Testing) $100.00
A7020.4.400.650 (Vehicle Maintenance/Repairs) $400.00
A7020.4.100.150 (Youth Program Supplies) $460.00
TO:
A7180.4.100.100 (Lifeguard Supplies) $960.00
7.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, .
Supervisor• Cochran.
This resolution was duly ADOPTED.
8.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Deputy Town Clerk Elizabeth A. Neville to attend a New York
State • Local Government Records Management Workshop on "Electronic
Records Management" at the Nassau Technology Center, Carle .Place, New
York, on Tuesday, August 26, 1997, from 9:00 A.M. to 1 :00 P.M. and the
necessary expenses for travel and meal shall be a legal charge to the Town
Clerk's 1997 Budget.
8.-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 Justice 'Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the, Town Board of the Town of Southold hereby modtfles
the 1997 Capital Budget for the following Capital Project 'for the Human
Resource Center Generator:
Capital Project Name: Human Resources Center Generator
Funding Method: Transfer from General Fund Whole Town
Budget Increase: evenues
H.3031.10 Transfers from Other Funds S 71.90
Appropriations:
H.1620.2.300.100 Buildings &Grounds, Capital Outlay
Human R.-sources Center Generator S 71.90
2 n 0 AUGUST 19, 1997
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 Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the 1997 General Fund Whole .Town and Community Development budgets to
appropriate an interfund transfer for the HOME- program:
General Fund Whole Town
To:
A.9901.9.000.200 Transfers to Oilier Funds
Transfer to Community Development $ 40,000.00
From:
A.8660.4.600.100 Community Development, Contractual Expenses
Housing Improvement Program $ 40,000.00
Community Development Fund
Revenues:
CD.5031.00 Transfers from Other Funds
Transfer from General Fund $ 40,000.00
Appropriations:
CD.8660.4.400.100 Community Development, Contractual Expenses
Home Inyestment Partnership Program $ 40,000.00
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 Townsend, seconded by Councilwoman Oliva, It was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Director of Code Enforcement Edward Forrester and Building
Inspector Gary Fish to attend a training session on "Reduction of Flood
Insurance Premiums" at Riverhead, N.Y. , on Tuesday, September 16, 1997
from 9:00 A.M. to 3:00 P.M., and the necessary expenses for travel, using
a Town vehicle, shall be a legal expense to the Building Department's .1997
budget.
11 .-Vote of the Town • Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
12.-Moved by Councilwoman Oliva, seconded by Councilman Moore,
WHEREAS, the Town benefits from the clean-up of its beaches through
the efforts of the Annual Hands Across the Bays Beach Clean-up which will
take place Friday, September - 19, 1997 through Sunday, September 21,
1997; now, therefore, be it
RESOLVED that the Town Board hereby grants the' request of Save the
Bays, Inc. to waive the Landfill Fee for the disposal of the garbage from
.the Annual Hands Across the Bays Beach Clean-up.
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 Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the proposal of Andrew D. Stype, in the amount of $250.00 to perform
professional appraisal services with regard to a Town-owned parcel of
property.
13.-Vote of the Town Board:: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, 'Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
AUGUST 19, 1997 2,0:1
14.-Moved' by Councilman Moore, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby approves
the "Applicant Transactional Disclosure Fort"", as developed by the Board
of Ethics, to provide Information which can alert the Town if possible
conflicts of interest and allow It to take whatever action is necessary. to
avoid same.
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 Councilwoman Oliva, seconded by Councilman Moore, it was
RESOLVED' that the Town" Board of the Town of Southold hereby
authorizes a refund of $430.83 to Nancy & Hank Milano, which sum
represents an `adjustment of their original fee, less a Building Department
charge for review and processing.
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 Councilman Moore, seconded by Councilman Townsend,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, on the 19th day of August, 1997, a Local Law entitled, "A
Local Law in Relation to Wireless Communication Facilities"; now, therefore,
be it
RESOLVED that the Town Clerk is hereby authorized and directed to
transmit this proposed Local Law to the Southold Town Planning Board and
the Suffolk County Department of Planning for recommendations and reports
all in accordance with the Southold Town Code and the Suffolk County
Charter. Said Local Law reads as follows:
A Local Law In Relation to Wireless Communication Facilities
BE IT ENACTED by the Town Board of ,the Town of Southold as follows:
A Local Law in Relation to Wireless Communication Facilities
BE IT ENACTED, by the T6wn Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is
hereby amended as follows:
1. Section 100-13 (Definitions) is hereby amended as follows:
BUILDING - Any structure having a roof supported by such
things as columns posts piers walls or air intended for the
shelter, business housing or enclosing of persons animals,
property or other materials: also any combination of materials
forming any construction except where entirely underground
so as to permit the use of the ground above the same as if
no "building' was present The term "building" shall include
the term "structure" as well as the following:
1 Signs.
(2) Fences.
3 Walls.
(4) Radio television and wireless communication facility
receiving and transmitting towers and antennas, except
for radio and television such antennas installed on the
roof of a building and extending not more than twenty.
(20) feet above the highest level of.the roof of such
building.
(5) Porches outdoor bins and other similar structures.
2012 AUGUST 19, 1997
2. Article XXII is hereby added and shall be entitled "WIRELESS
COMMUNICATION FACILITIES. "
3. Section 100-220. Purpose is added as follows:
The purpose of this section is to provide sound land use policies,
Procedures and regulations for wireless communication facilities.
These will protect the community from the visual or other adverse
impacts of these facilities while encouraging their unobtrusive
development and will ensure comprehensive wireless services in
the Town of Southold with its benefits to residents and businesses.
The placement of wireless communication facilities in Southold's
rural residential zones constitutes a significant intrusion and
therefore the applicants have a strict burden of proof to establish
the need for such facilities in residential zones. Furthermore the
standards herein reflect two preferences: (1) that wireless_
communication facilities are more preferred in industrial areas and
less preferred in residential areas and (2) that wireless
communication facilities be located on existing buildings and
towers rather than on newly constructed towers. Any wireless
communication facilities must take into account the aesthetic
aspects of the town including open vistas scenic byways and
historic districts.
4. Section 100-221. Scope is added as follows:
The regulations of this section shall govern and control the
erection enlargement expansion alteration. operation.
maintenance relocation and removal of all personal wireless
communication facilities The regulations of this section relate to
the location and design of these facilities and shall be in addition to
the provisions of the Southold Building and Zoning Codes and any
other Federal State or Local Laws or Federal Communication
Commission (FCC) regulations pertaining to such facilities.
5. Section 100-222. Definitions is added as follows:
A Wireless Communication Facility A wireless communication
facility is any unstaffed facility for the transmission and/or reception
of wireless telecommunications services usually consisting of an
wireless communication facility array, connection cables. an
equipment facility and a suboort structure to obtain the necessary
elevation.
B. Wireless communications. Wireless communications shall mean
any personal wireless services as defined in the
Telecommunications Act of 1996 which includes FCC licensed
commercial wireless telecommunications services including cellular
personal communication services,- specialized mobile radio,
enhanced specialized mobile radio paging and similar services
that c irrently exist or that ma in the future be developed.
C. Telecommunication Tower. A telecommunication tower is a
structure designed and constructed specifically to support an
antenna array and may include a monopole self-supporting tower,
guy-wire support tower and other similar structures. A wireless
communication facility attached to an existing building or structure
shall be excluded from this definition.
AUGUST 19, 1997 203
6. Section 100-223. Location of Use is hereby added as follows:
No wireless communication facility shall be used, erected or
altered in the Town of Southold except as follows:
A. In Residential and Marine Districts including AC, RSO, R40,
R120, R200. R400, AHD, HD, RR, R0, MI, and MII, a wireless
communication facility is subiect to site plan approval and must
meet the following requirements. Wireless communication facilities
are specifically prohibited on any designated landmark property or
in districts listed by S.P.L.I.A., federal, state or town agencies:
(1) Buildings - Shall require a special exception Wireless
Communication Facility on Non-Residential approval, which may
be issued provided the buildings are thirty five feet (35') or -greater
in height, and the wireless communication facilities and related
support structures do'not extend more than twenty feet (20') above
the roof line. The building on which the Wireless Communication
Facility is located must be located at*least one hundred feet 0 00)
from the nearest property line or three hundred feet(300') from any
.landmark property"ar district listed by S.P.L.I.A., federal, state or
town agencies.
(2) Wireless communication facilities on Existing
Telecommunications Towers - Shall require a special exception
approval pursuant to this chapter unless otherwise allowed by the
terms of a prior-special exception approval.
(3) Telecommunications Towers - Shall require a special
exception approval pursuant to this chapter. which may be issued
provided the tower is no greater than sixty feet (60'. The base of
the tower shall be located at'least one hundred (100) feet from
the nearest property line or three hundred feet Q 0') from a
landmark property or district listed b SS.P.L.I.A. federal, state
or town agencies.
(4) A wireless communication facility is a permitted use if located
on property owned leased or otherwise controlled by state, federal
or town government; provided a license or lease authorizing such
antenna or tower has been approved by that government.
B. In Commercial Districts including LB FIB and B a wireless
communication facility is subject to site plan approval and must
meet the following requirements Wireless communication facilities_
are specifically prohibited in any designated landmark property or
in districts listed by S P L I A federal state or town agencies,:
(1) Wireless communication facilities on Buildings - Permitted on
all buildings which are thirty five feet (35') in height or greater,
provided the wireless communication facilities and related support
structures do not extend more than twenty feet (20') above the roof
line of such buildings.
(2) Wireless communication facilities on Existing
Telecommunications Towers -Permitted unless otherwise restricted
pursuant to the terms of a priorspecial exception approval.
AUGUST 19, 1997
(3) Telecommunications Towers -Permitted if the height of the
lower above grade does not exceed seventy five feet (75'), and
provided the base of the tower is located at least one hundred feet
(100') from the nearest dwelling unit or three hundred feet (300'
from any landmark property or district_listed by S P.L.I.A., federal,_
state or town agencies.
(4) A wireless communication facility is a permitted use if located
on property owned leased or otherwise controlled by stale, federal
or town government, provided a license or lease authorizing such
antenna or lower has been approved by that government.
C. In Industrial Districts includin Lg I and LIO, a wireless
communication facility is subject to site plan approval and must_
meet the following regUirernents Wireless communication facilities
are specifically prohibited in any designated landmark property_or
in districts listed by S.P,L.I.A., federal. state or town agencies,:
(1) Wireless communication facilities on Buildings -Permitted on all
buildings provided the height of the wireless communication facile
does not extend more than one hundred feet 100'
above the existing grade.
(2) Wireless communication facilities on Existin
Telecommunications Towers -Permitted unless otherwise restricted
pursuant to the terms of a prior special exception approval.
(3) Telecommunications Towers -Perrrlitted provided the height of
the tower above grade does not exceed one hundred feet (100')
above the existing grade and provided the base of the tower is
located at least one hundred feet ( 10QD_from the nearest dwelling
unit or three hundred feet (300') from anv landmark property or
district listed by S.P.L.I.A. federal, state or town
agencies.
(4) A wireless communication facility is a permitted use if located
on property owned leased or otherwise controlled by state, federal
or town government, rovided a license or lease authorizing such
antenna or tower has been approved by that government.
7. Section 100-224. Special Exception Approval is hereby added
as follows
A. Authority. Tlie Zoni ig_Board of /1peals shall be empowered to
Issue a special exception aapproval for wireless communication
facilities, subiect to the provisions of this-Chapter.
B. Standards. In addition to the standards in Article XXVI
of this code; no special exce tip on approval shalt be granted unless
the Zoning Board of Appeals specifically finds and determines the
following:
(1) that the applicant is a public utility ;q d
(2) that construction of the proposed facility or modification of (lie
existing facility is a public necessity, in that it is required to render
adequate service to the public, and
(3) that the applicant has made substantial effort to locate or
co-locate on existing towers, or failinq that, that the applicant has
� r
AUGUST 19, 1997
made substantial effort to locate or on federal, state or
town land and facilities, and
(4) that there are compelling reasons, economic or otherwise,
which make it more feasible to construct the proposed facilities
than alternatives.
C. Matters to be considered. in addition to the matters
to be considered in Article XXVI of this code the Zoning Board of
Appeals shall give consideration to the following in issuing a
special approval for wireless communication facilities:
(1) the height of the proposed tower shall be the minimum
necessary to render adequate service, and
(2) the wireless communication facility has been situated to
minimize its proximity to residential structures residential
district boundaries and landmarks designated by town federal or
state agencies, and
(3) the wireless communication facilities is designed and situated_
to be compatible with the nature of uses on adiacent and nearby
property, and
(4) the wireless communication facility has been designed to use
the surrounding topography to minimize its visual Impacts. and
(5) the wireless communication facility has been designed to use
the surrounding tree building or foliage coverage to minimize its
visual impacts: and-
(6) the wireless communication facility maximizes design
characteristics to reduce or eliminate visual
obtrusiveness. and
(7) that other adequate conditions have been placed on the
wireless communication facility which will minimize any adverse
impacts of the facility on ado ining properties.
D. Application Requirements In order to make the above
described determination the Zoning Board shall require the
following in addition to the requirements of Article XXVI:
(1) Each application shall include a survey clearly indicating:
() the location type and height of the wireless communication
facilities: (b) whether it is located on an existing structure, co-
located or on a telecommunication tower: (c) on-site land uses and
and zoning' (d) adiacent land uses structures and zoning within
300 feet-, (e) distances between all structures'. (f) location of
landmark listed by S P L I A federal state or town agencies within
300 feet adiacent roadways; (q) proposed means of access;
(h) setbacks from property lines:(i) elevation drawings of the
structures:0) and other information deemed by the Zoning Board to
be necessary to assess compliance with this law.
(2) Each application shall include a written site location alternative
analysis describing the location of other sites considered, the
availability of those sites, the extent to which other sites do or do
not meet the provider's service or engineering needs, and the
reason why the subject site was chosen.
2.Oj6 AUGUST 19, 1997
(3) The applicant shall document to the satisfaction of Zoning
Board of Appeals that a good faith effort has been made to locate
or co-locate on existing towers or other available and appropriate
buildings and structures and that the proposed location is
necessary to provide adequate service to the public. The
documentation shall include a notarizes statement by the applicant
as to whether construction of the wireless communication facility
will accommodate collocation of additional antennas for future
users.
(4) Each application shall include a plan which shall reference
all existing Wireless Communication Facility locations in the
Town of Southold any such facilities in the abutting towns which
provide service to areas within the Town of Southold, any changes
proposed within the following twelve (12) month period including
applicant's plans for new locations and the discontinuance or
relocation of existing wireless facilities. Alternatively. at the
beginning of the year the applicant may submit an Annual Wireless
Communication Facility Plan containing the aforementioned
information for the calendar year.
(5) A landscape plan showing specific landscape materials, fencing
and maintenance arrangements.
(6) The Zoning Board of Appeals may retain technical consultants
as it deems necessary to provide assistance in the review of the
needs and site location alternatives analyses and other matters__
that the Board deems necessary. The applicant shall bear the
reasonable cost associated with such consultation, which cost shall
be assessed as an additional application fee. In no case shall the
fee be more.than five percent (5%) of the total proiect cost as
determined for building permit fee assessment purposes.
(7) A copy of the deed or lease agreement establishing applicant's
right to use the parcel on which the wireless communication
facilities is to be located.
E. Conditions. The Zoning Board shall consider the following in
establishing conditions on the issuance of the special exception
approval.
(1) In reviewing special exception approval applications required
by this Section the Zoning Board of Appeals shall consider the
Town's policy as stated in this Article. When considering
appropriate height in coniunction with such applications. The
Zoning Board of Appeals shall be more permissive when a facility
is proposed for collocation by more than one service-provider, and
less permissive when the facilfty is_proposed for use by a single
provider.
(2) In approving a Special Exception the Zoning Board
may waive or reduce the criteria in this Article, to the extent
specified below, if the Zoning Board concludes that doing so will
have no detrimental effect on adjacent properties or on the public
health, safety and welfare and that the goals and stated purposes
of this law are better served thereby:
L Height of the proposed tower, provided that the height is
kept at he I west height n be ius_t'fied;
AUGUST 19, 1997 2,477,
H. Minimize proximity of the tower to residential structures or
historic landmarks listed by S.P.L.I.A.; federal, state or
town agencies;
iii. Planting of surrounding tree coverage and foliage;
iv. Desiqn of the tower, with particular reference to design
characteristics that reduce or eliminate visual obtrusiveness:
.(3) The applicant will provide documentation that the proposed
communications facility will,have eIectromagnetic,emissions within
the safety standards established by the FCC as amended or any
superseding state or national standard in effect on the date the
Special Exception Approval Application is submitted to the Board.
8. Section 100-225. Design Standards is hereby added as follows:
The following desiqn standards'shall apply to wireless
communication facilities and telecommunications towers installed
or constructed pursuant to the terms of this chapter.
A. Collocation. Wireless Communication Facilities shall be
designed to provide for collocation by multiple providers; or,
designed so that they can be retrofitted to accommodate multiple
providers.
B. The minimum lot size for the siting of a telecommunication tower
shall be in accordance with the following. No tower can be built on
a lot which is nonconforrninq in size to the re% irernents set forth
below:
Minimum Lot Area-
Minimum Lot Area- Residential and Minimum Lot Area-
Commercial Districts Marine Districts Industrial Districts
Per Bulk Schedule per 5 acres Per Bulk Schedule
zone per zone
C. Setbacks Towers and Equipment Facilities shall adhere to the
setbacks for principal uses in the Bulk Schedule applicable to the
zone in which the structure(s) are located.
D. Fencing The base area of a telecommunication tower and
equipment facility shall be enclosed with a black vinyl chain link
fence not less than six feet (6') in height.
E. Signs Signs shall not be permitted on towers except for signs
displaying contact information and safety instructions. . Such signs
shall not exceed five (5) square feet in surface area.
F. Equipment Facility. Equipment accessory to the wireless
communication facility may be located within an existing building.
In newly constructed buildings and structures an equipment facility
is limited to 500 square feet in floor area If the newly constructed
equipment facility is designed for co-location the facility may be up
to 1000 square feet The equipment facility shall be constructed
with a finish similar to that of adjacent structures on the property.
Any newly constructed equipment facility shall be located in
accordance with the minimum height and yard requirements of the
zoning district applicable to the site and no more than two adjacent
off-street parking spaces shall be provided for service vehicles.
Any regrading for stormwater retention that is required by the
Township Engineer shall be accommodated on-site.
AUGUST 19, 1997
G. Lighting. As independent freestanding facilities on separate
sites will not be accessible to the public the lighting permitted shall
be the minimum required to protect the public welfare Facilities
sited on existing developed sites shall be incorporated into the
lighting and landscaping plans of those sites.
H. Access. Access to tower or monopole areas shall be from
established site access points whenever possible.
I. Dish Antennas. Dish antennas shall be colored camouflaged or
screened to the extent that they are as unobtrusive as possible and
in no case shall the diameter of a dish antenna exceed six feet (6)
J. No wireless communication facility shall be located nearer than a
distance equal to its height above the roof or other permanent
structure to which it is attached to any overhead electric
transmission line carrvina more than two hundred twenty (220)
volts.
9. Section 100-226. Appearance is hereby added as follows:
A. Base Landscaping. A screen of evergreen trees shall be
Planted outside the fence of the telecommunication tower base
area to provide a visual screen or buffer for adioining private
Properties and the public right-of-way. Required front yard setback
areas shall be landscaped.
B. Color. Towers shall either be blue/gray in color, have a
galvanized finish or be colored appropriate to the tower's
locational context to the extent that the tower is as unobtrusive as
Possible, unless otherwise required by the Federal Aviation
Administration (FAA). If a wireless communication facility is
installed on a structure other than a tower, the antenna and
supporting electrical and mechanical equipment must be of a
neutral color that is identical to or closely compatible with the
colors of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
C. Residential Screening. Where the site proposed for a
freestanding tower structure is located within a residential zone or
has one or more property lines abutting or on the opposite side of a
street from -a residential zone or use permitted in a residential
- zone, large trees and/or existing and-proposed buildings on
the site shall be used to provide an angle of occlusion from the
property line to the top of the structure of 50 degrees or less (50
degrees from the horizon line is the upper limit of the normal
vertical cone of vision). To achieve the occlusion a row of trees
shall be preserved and/or planted at 50% of the distance between
the tower and the property line, and a second row at 90% of the
distance between the tower and property line (see illustrations
below). Transplanted trees shall have a minimum caliper of 3
inches. be spaced on 30 foot centers and have a typical height at
maturity of at least 50 feet. A three year bond or other assurances
shall be required to ensure that the plantings survive and are
maintained'..
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D Alternate Screening The location of a cellular wireless
communication facility on an'existinq water tower silo or equivalent
vertical structure including an existing cellular• radio or television
tower, is permitted without the need to meet Conditions A B. and C
above provided that the height'of the existing structure is not
increased as a result of the attachment of the cellular structure. A
decorative disguising structure such as a clock tower may also be
approved as an alternative to Conditions A B and C at the
discretion of the Zoning Board. If the height of the existing
structure is to be increased by the attachment of the new structure,
all of the conditions herein shall apply as to a new freestanding
structure.
E. Commercial and Industrial Siting. Towers to be sited on
developed commercial or industrial properties shall be located to
the rear of other principal buildings and shall not encroach on
planting buffers parking areas or otherwise impair the operation of
previously approved systems such as stormwater drainage basins.
Existinq buildings and structures should be used In the siting of
freestanding towers to contribute to the visual screening of the
tower.
F. Commercial Towers to be sited on undeveloped properties in
the commercial districts shall appjy the standards of Condition C
herein to all property lines including the streetline except_that a
driveway shall be permitted to gain access to the facility for
maintenance personnel and equipment.
G. Airport Regulations. All lowers shall comply with ap lip cable
Airport Hazard Regulations and shall be sub•ect to approval frorn
the Federal Aviation Administration for location height and lighting
to prevent interference with the operation of an airport or otherwise
threaten the public safety.
10. Section 100-227. Removal is hereby added as follows:
A Upon cessation of use of the tower site for the approved or
pre existing Special Exception Use the tower structure and
wireless communication facility shall be removed within one year.
sub'ect to FCC concurrence. In the case of d wireless
communication facility on preexisting vertical structures, this
provision shall apply to the wireless communication facility only.
D AUGUST 19, 1997
The applicant for the wireless communication facility shall post a
bond to ensure wireless communication facilities removal in the
amount of $20 000 prior to receiving permission to
construct.
11. Section 100-228. Nonconforminq Uses is hereby added as
follows:
Pre existing towers shall be allowed to continue their usage as
they presently exist New construction other than maintenance on a
Pre-existing tower shall cornply with the requirements of this
ordinance.
12. Section 100-229. Severability is hereby added as follows:
The various parts sections and clauses of this local law are hereby
declared to be severable If any part sentence, paragraph, section
or clause is adiudged unconstitutional or invalid by a court of
competent jurisdiction the remainder of the ordinance shall not be
affected thereby.
13. Section 100-31 Use regulations in A-C, R-80 R-120, R-200
and R-400 Districts is hereby amended as follows:
B. Uses permitted by special exception by the Board of
Appeals The following uses are permitted as special exception by
the Board of Appeals as hereinafter provided and except for two-
family dwellings and the uses set forth in Subsection BO4) hereof,
are subject to site plan approval by the Planning Board:
6) Public utilify rights-of-way as well as structures and other
installations necessary to serve areas within the town. excluding
wireless communication facilities subiect to such conditions as the
Board of Appeals may impose in order to protect and promote the
health safety appearance and general welfare of the community
and the character of the neighborhood in which the proposed
structure is to be constructed.
14. Section 100-131 Use regulations in the LIO District, is hereby
amended as follows:
B. Uses permitted by special exception of the Board of
Appeals The following uses are permitted as a special exception
by the Board of Appeals as hereinafter provided, subiect to site
plan approval by the Planning Board:
(4) Public utility structures and uses excluding wireless
communication facilities.
15. Section 100-230 (D) Exceptions and modifications, is hereby
amended as follows:
D. Height exceptions The height limitations of this chapter shall
not 3sply to:
a
AUGUST 19, 1997
(1) Spires belfries cupolas and domes not for human occupancy;
and monuments transmission towers excluding telecommunication
towers chimneys derricks conveyors flagpoles, radio towers,
television towers and television aerials provided that any
television or radio aerial shall not be located nearer than a
distance equal to its height above the roof or other permanent
structure to which it is attached to any overhead electric
transmission line carrying more than two hundred twenty (220)
volts.
(2) Bulkheads observation towers monitors fire towers, hose
towers cooling towers water towers grain elevators or other
structures where a manufacturing process requires greater height
but excluding wireless communication facilities provided that any
such structures that are located on any roof area that exceed in
height the limits in the particular district shall not in the aggregate
occupy more than twenty percent (20%) of the horizontal area of
the roof and are set back one (1) foot from the edge of the roof for
each additional foot in height greater than the specified height.
(3) All mechanical equipment necessary to operate building
services, which equipment is located on the roof of a structure,
shall be screened in a manner approved by the Planning Board.
II . This Local Law shall take effect upon filing with the Secretary of
State.
* Underline represents additions
Strikethrough represents deletions
COUNCILMAN TOWNSEND: I would like a discussion on the motion. I was
not there for .the discussion of Type I SEQRA designation, and I know it's
an issue with many people -in Orient. , Generally I'm sympathetic to the
issues involved in those communities, •which might have towers put in their
midst, residential communities, and this ordinance is an attempt to replace
nothing with something. I have discussed this with our Town Attorney.
have talked it over with the Board relative to the Type SEQRA designation,
and I have been convinced, that it would not be productive to put a Type
SEQRA designation on it. The arguments that have been used, and you
alluded to are that it would be the only ordinance, or the only use in our
town that requires such a mandatory designation. We stand the risk of
being singled out. I know you say there is severability, but I'm not sure
that would apply in this instance, because specifically in the Federal law
that relates to' utilities, is it Federal or State that did that?
SUPERVISOR COCHRAN:. Federal.
COUNCILMAN TOWNSEND: But it precludes from singling out utilities. I
would ' like to propose though. and the last factor, of course, is that we
are under the gun. The moratorium is about to expire. If we don't pass
this thing, then we will be addressing several applications without anything
enforced. What I would like to propose is that we do look at our Town Code
for other uses that might trigger a significant Type I classification.
COUNCILMAN MOORE: Can 1 just step in for a second? Freddie,. first name
basis, I appreciate the comments you made relative to the hard work of the
committee. We have been meeting since the end of March, and a lot of good
give and take, and debate went on there, and it was healthy debate.
thank you for your comments. So, no one misunderstands the fact that one
does not include a Type I designation. On a use, does not preclude or
prevent a reviewing body under the unlisted provisions, and you know
this, and I'm just saying this more for the community at large. From
declaring that a specific application has the potential for a significant
impact, and go through that very process you talked about, I know that
you like to see it as a,. put it right on the doorstep; so you can see it
coming in, but I give credit to the Board there that when the place is a
sensitive place, when those kinds of very issues we are all concerned about
2 1 .Z AUGUST 19, 1997
are at stake, that the proper determination is going to be made, and I
didn't think it was worth the risk of putting it in here, and drawing such
dynamic attention to it. So, it is not as though the environmental review
doesn't happen, and that it can't be done on a very significant basis. I
just wanted to clear the air on that.
SUPERVISOR COCHRAN: Joe, are you finished?
COUNCILMAN TOWNSEND: I was just going to make the same point, that
the ZBA, whatever ' Board is reviewing it in a residential area, does have
that as the same authority, and would hope they use it wisely. I know
there are doubts, and I know the disappointment that that is not in there,
but I vote for this. I vote for it reluctantly, but I think it's worth
doing.
SUPERVISOR COCHRAN: Any other comment? If not, I will call for the
vote.
COUNCILWOMAN OLIVA: I would just like to say, also, just voice my
opinion on it, too, .because I do understand your concerns about it, and I
have had conversations,. too, with our Town Attorney, with our Planner,
and what have you, and I do feel that because a site plan is included that
the Planning Board itself will realize it does have a significant effect on
the environment, because they are a visual blight in the town. I have
great faith in our Planning Board to carry through with their very
intensive environmental review, and I think it is worded in such a way that
it gives a little latitude about placement of the cellular towers on a piece
of property if they happen to go on a residential piece, and hopefully most
of them will not. I just know that we are at inth hour, and if we don't
get it on now we will not be able to change it in time to get it in the time
our moratorium expires. So, for that reason I'm voting, yes.
COUNCILWOMAN HUSSIE: 1 have a few things to say. I have said it
before; and I am going to say it again. I don't want these in residential
zones, and I have been -told by members of the -committee, that we can not
prohibit it. I have read the law over and over again. I don't find it.
What I find in the law is that nothing in this actual limit will affect the
authority of a State or local government over decisions regarding the
placement, construction, 'and modification of personal wireless facilities,
and then the intent it talks about, this act is intended to prevent the
commission from preempting local and State land use decisions, and preserve
the authority of State and local governments over` zoning, and land use
matters. I strongly feel that this Board sets the tone about how things are
going to go on in Southold, how Southold is going to grow, how people are
going to enjoy it, and what is going to happen to it, and I really do not
want this opportunity to abrogate our authority, or our responsibility to
another Board, which in essence is what we are doing. The' argument has
been given that if we do not allow, or prohibit the construction of cell
towers in a residential zone, that can then go to a court, and the court
will make the decision. . We have it right now in here, that it will go to a
Board, and the Board will-make a decision. I don't think that we should
allow another Board to make a decision, that we should be making. I vote
against it.
SUPERVISOR COCHRAN: I feel it is important to get something on the
books now, so I will vote in favor of the resolution.
16.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor Cochran. No:
Councilwoman Hussie.
This' resolution was duly ADOPTED.
17.-Moved by Councilman Moore, seconded by Councilwoman Oliva,
WHEREAS, a Draft Local law in Relation to Wireless Communication
Facilities has been prepared for adoption as part of the Town Code of the
Town of Southold to regulate the siting and design of wireless
communications towers with the Town of Southold; and
WHEREAS, the Town Board of the Town of Southold is the primary and
only agency with responsibility for environmental. impact assessment of the
proposed ordinance; now, therefore, be it
AUGUST 19, 1997 2.1 .3
RESOLVED that the Town Board of the Town of Southold will assume lead
agency status for the purpose of implementation of the State Environmental
Quality Review Act in relation to the proposed ordinance and that a Long
Environmental Assessment Form Part 1 and 2 will • be circulated to all
interested agencies by the Board.
17.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend„ Supervisor Cochran. No:
Councilwoman Hussie.
This resolution was duly ADOPTED.
18.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1997 budget to appropriate the $4,800.00
Department of State grant for a seed clam grow-out program:
To:
Revenues:
A.3089.50 Miscellaneous State Aid
Seed Clam Grow Grant $ 4,800.00
Appropriations:
A.8090.4.600.700 Trustees, Contractual Expense
Seed Clam Grow Program $ 4,800.00
18.-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: We have a public hearing in just a few minutes.
Let's see if there is something I can share with the Board to take care of
two or three minutes. I would- like to:- take the opportunity to thank
Councilwoman Evans. We traveled, as you heard, we approved the minutes
of the meeting on Fishers Island. We did travel to Fishers Island last week,
and many, many people from different agencies, be it County or State, we
invite because it gives them the opportunity to ,take care of work that they
have to do on the Island for day. I 'know the guy from the Agricultural
Department had some inspections to do, and he said normally it takes him
over to Connecticut, and then he bas to take the boat to Fishers Island,
and it makes his day long; and it causes overtime, and so we try to
accommodate these people, and invite them to go with us. We had a very
good program on hurricanes as a part of the program, and if you notice
that on the table there are some brochures, that the Town has just
developed with helpful hints. It is the start of the hurricane season. They
have been going on, if you watch the weather man, but this is the time of
season that that types of storm get closer to us. Hopefully we don't have
any, but there are some helpful hints, and it does give the locations of our
centers if you have to be evacuated from low-lying areas. Louisa, on
behalf of the Board and the Town we would like to thank you for your
hospitality. It's always` nice to come over and visit, and say, hello to
everyone. Many people were there for the first time, and they were quite
impressed. Does the Board have anything they would like share? Not your
report, but just something in general. We have about two minutes before
we can open the public hearing. This is the first time all day, they don't
have anything to say. We were also very pleased last week that we had
the Secretary of State, Sandy Treadwell. He came down, and we went
down to Orient, Skipper's Lane in Orient where a, new bulkhead has been
erected. The fund is coming from the State, and so the Secretary of State
came down to look at the project, and we thanked him. It's to prevent the
road runoff, which we know is the biggest polluter of our creeks. Mr.
Secretary traveled with us over to Fishers Island. As you may have read
last year the dumping by the Navy over near ' the Island has been a concern
to all. There are lawsuits, and so forth, but he was kind enough to go out
with John Thatcher, who was from the Nature Conservancy on the island,
and view the area, because we are not only concerned with what was done
in the past, but there is always the possibility of them dumping again, and
that is part of Southold Town, and by golly, we are there to make sure
these things don't happen. I would like to have a motion to recess.
214 AUGUST 19, 1997
Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that a recess be called at this time, 8:00 P.M. , for the
purpose of holding a public hearing.
Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
RECONVENED AT 8:27 P.M.
COUNCILWOMAN' HUSSIE: In view of the fact that we have 51 road ends. .
SUPERVISOR COCHRAN: We have 90 road ends in the Town of Southold.
COUNCILWOMAN HUSSIE: Fifty-one are mentioned in the Code.
SUPERVISOR COCHRAN: We have 1,2,3,4,5,6,7,8,9,10,11,12,13 on the
Sound from Laurel to Orient.
COUNCILWOMAN HUSSIE: I just think whatever we do in this particular
instance will affect all th.e others. Maybe we ought to go back to the
drawing board.
SUPERVISOR COCHRAN: We are going to hold this. We are not going to
act on it tonight. We will hold it. We will look at it a second time.
Perhaps the gentleman that offered some advice, we would be very happy to
have it. Ed McDonald, thank you. Also, I would like a fisherman to come
in and see me. Please, make an appointment, and come in and see me.
That's it on the agenda. At this time you have the opportunity to address
the Board on any given topic, that you would like to discuss in relation to
Town business. Thank you for your letter. I am putting it on the agenda
for the next Board meeting, so we can look at it.
JACK FOSTER: The name is Jack Foster. I live the Main Road in
Cutchogue,' and I am here for- the concern of residential property,
agricultural property, peace- and quiet. I spoke with Mrs. Cochran about
my problem, and I felt I should come and tell the whole Board . the
problem. Basically my problem is the wineries, that are becoming catering
halls. I live by Pellegrini, and that is one that I am really the most
upset with, because it is the closest to me. He has no less than a wedding
every weekend, except for maybe .one this summer, and the music and the
noise is horrendous. It's like when these cars drive by your house with the
boom boom boxes, and you hear that for a little bit. Well, this is like all
evening, and I feel that he is in an agriculture area. : I feel that it should
be agriculture. I have nothing against the vineyard, and it's other
functions, except when it' 'becomes a catering hall. It is not fair to the
other restaurants, that the vineyard should start serving food, or catering
halls. There is in Jamesport a catering hall associated with vineyards,
but that particularly catering hall is business zoned. It is. business taxed.
It is right by the books. It was a restaurant. It was previously, but he
does have an association with a vineyard, but it is separate entities, and
out here we can't let all of these vineyards become- catering halls, because
you will have same problem. They will just sort of like go from one to the
other. The vineyard people are close knit people .with their business. What
one does the others are concerned about, and I think if one sees one doing
this they will all be on the bandwagon doing this, and I don't think, you
know, it shouldn't be in a residential area, or an .agricultural area.
SUPERVISOR COCHRAN: As I said to you, Mr. Foster, I will present your
letter to the Town Board, and we will take a look at it.
JACK FOSTER: I have been to the vineyards to talk about this with them,
and I get nowhere, and I know that last weekend they had one. I went
over. They warned me that this coming weekend they are going to have one
with a person that is really giving them a hard time as wanting their way.
They want the band to play until dancers drop. He is telling me that it is
going to be a very late thing. Do I have any recourse on this now?
AUGUST 19, 1997 215
SUPERVISOR COCHRAN: You 'can call the Police Department. I think they
can take chre of .that as a disturbance of the peace. I know that there is a
State law.
JACK FOSTER: What would be the time that, that would take effect?
TOWN ATTORNEY DOWD: Jean, if I might say, check with the Zoning
Board of Appeals, because they have issued permits for these wineries to
hold these events. . I imagine the permits have certain restrictions. That's
the whole point of requiring a permit, and we need -to check, and see what
they are, and see if they are complying with the conditions.
.SACK FOSTER: See, if they have benefits, if they have special occasions,
but the one thing that I would like to see definitely restricted is the
noise, the music, and the amplifiers, so that it doesn't interfere with the
area.
SUPERVISOR COCHRAN: Okay, we will look into this tomorrow morning
first thing. Thank you.
MELANIE.- SANFORD: My name is Melanie Sanford. I am here tonight to
talk about the trees on Locust Lane, and what the update is as far who has
cut them down, and what is going to be done about the problem. Is there
anybody up there on the panel that could possibly address our concern? We
brought this up at the last .meeting on August 5th, and the meeting
before that as well, and we would like to know who chopped the trees down
on Locust Lane, and what is going to be done about it at the moment? .
SUPERVISOR COCHRAN: We still haven':t been able to find out who
chopped down the trees on Locust Lane, either. You live there, but. .
MELANIE SANFORD: It's four and a half weeks. Has it been Investigated
since August 5th?
SUPERVISOR COCHRAN: I'll check with our Town Inspector in the morning.
MELANIE SANFORD: 1 ' think probably by now it's kind . of common
knowledge that the property does belong. to Albert Albertson, Jr., and that
he spoke with LILCO about trimming them. Asphan did the job, but if
you could just simply ask for the bill. If you could just give Asphan a
call, and ask to pay the bill, that maybe all this could be cleared up in a
phone call. That is one thought, one consideration. It has been a common
theme here tonight, it was brought up by Mr. Foster about residential
properties. It was brought up by Freddie Waxberger, the first speaker
tonight about towers on residential properties, and my concern is, also, the
residential plot at the end of my road, which is under application to be
downzoned. I think there is really not any compelling argument. I think
you could downzone residential property, and make it commercial. , I think
what Mrs. Waxberger was saying earlier this evening, that we are the
backbone of the community. Residents pay the taxes, and that we really
ought to help their needs in consideration utmost in Southold Town. The
application, which is under consideration, I think all you have to do is
look at the existing site, and the current violations in the site plans of
the applicant; which is Mr. Mullen, and that there are quite a few things
there which would really argue against further expansion, and extension.
Buffer zones have not been put up. The ones that have been put up have
been ripped down, and that we really need to preserve our hamlets. We
need to preserve our residential properties, because this also includes the
hamlet strip at the end of Locust, and that really we need to keep the town
looking like a town, and not like a commercial strip. I was fortunate
enough to come this morning to attend your work session on the Town
Codes, which will affect everybody here from Orient to Laurel, and I know
a lot of people have really wanted to come as well, but unfortunately it was
a Thursday night session at 7:30. It was cancelled, and it was made into a
morning session, and 1 think something as important as the Town Code
would want everybody's input. Everybody should be part of that, and I
came this morning, and it was a real inconvenience. It was really difficult
to make it, and I know you got to get things done as well, but something
as important as Town Codes should really have the input of everybody,
everybody in the community. I know at the end of the meeting Valerie
Scopaz suggested that all the changes that we were in zones, I believe
216 AUGUST 19, 1997
there is an old Code, an intermediate Code, and at the end of the session
you came Up with kind of like a new format for the Codes of Southold, and
she suggested maybe printing -that, and 1 know it's lot of work. I know
Mrs. Dowd said, that save ourselves a little bit of here, and just kind of
get the Codes together,' but I would really be interested in reading the
Codes, and what came up at the end of the session just to compare the old
Codes, to the intermediate Codes, to the present Codes, and if you would,
if you could just print that up in the ditto form, because I did attend the
Planning Zone meeting, where you did hand out those pamphlets, and it was
extraordinarily helpful, and I think a lot of productive things have come
out of just that one meeting, that Mr. Townsend .chaired a few weeks back,
so I would just like you to consider those points, and get back to us on
the trees.
SUPERVISOR COCHRAN: We are having a survey , done, the Town is, to
clarify once and for all if any of them were ours, or a half, or a whole, so
we are doing a survey.
COUNCILMAN TOWNSEND: Actually the discussion today was to review the
comments that were made at that meeting you referred to, that in the .
evening, - and what we were doing is, we are finding changes to the various
things you are allowed to do, or uses in the business zones. Southold has a
lot of different business zones. They go from industrial to light business,
and then hamlet business, and general business, and then we have resort
residential, and then residential office. There is a lot of different
Codes, and what we have been doing is try to bring them up to date to
make sure they conform .with the goals of Town :planning, and also direct
development in certain areas. I think the Town is very concerned about the
needs about both it's residents and it's merchants, and this is not a huge
step, but it 'is a step towards improving the way the Town looks and
works. Today what we did was to review those things that came up at that
meeting you mentioned, and there were some good suggestions, that came
up. Certain sensitivities to residential uses in business zones were
reviewed. Just to name a couple of things, today we made it a little
simpler. We combined a few uses, and the public will have a chance to
review this. We were talking about putting it. .up until now it has been in
the diagram form, and now "it's in caparison form, where you take the uses
that we used to allow, and put them next to the uses that are going to,
though. Those are the forms you are talking about. The third step was
basically to put in the language of the Code, which is probably not as
accessible to the public as the two columns. That's what we have. We
have the two columns, and they are going to stay, the two columns we had
before, and what we proposing. There were a few minor changes today
based mostly on what was brought up at that meeting. We also had a few
philosophical changes, you know. What we are not doing is changing where
the zones are, or how big the zones are. Those are things that were
discussed at that meeting, and perhaps they should' be looked at, because
of these zones may be not located in the right spot. Some that is another
thing we discussed, but that is not the subject of this change of use
review, that has been. going on for, you know, a couple of years now.
The last thing is there will be a public hearing where these things are laid
out, and hopefully discussed with some clarity where the public will have
input. The hearing was . sort of a preliminary. - The open informational
meeting you came to was" sort of preliminary hearing based on the, you
know, tentative proposals.
COUNCILMAN MOORE: May I suggest, it is easier to read it in the form.
For the public hearing, when you read these sections, and we are going to
amend 32, and all that mambo jumbo we talked through maybe we can do
,that as a working sheet.
COUNCILMAN TOWNSEND: Yes. There is no reason why we can't update.
It's already in the computer. It's a minor change.
MELANIE SANFORD: I did think those sheets were., very helpful, though;
because it just opposed the old versus the intermediate, versus what you
are currently doing, and 1 know you are caught up on all the issues but
the public isn't, and if you have those available it:would make it so much
easier to process that input to us. What's going on in the town, I mean,
you are representing us.
AUGUST 19, 1997 217
COUNCILMAN TOWNSEND: No problem. We will do it.
SUPERVISOR COCHRAN: Is there anyone else that would like to address
the Town Board? Yes, ma'am?
JULIE SANFORD: I am Julie Sanford, and this morning ,I attended the
meeting with Charles Voorhis from Nelson, Pope and Voorhis, the
environmental study group, and I was interested that he had cited that
there were three options that the town could go by in deciding what will
happen with the change of zone application for Mullen, and I felt very
strongly that the first option really feels like the appropriate action
that, I think, the Town would be able to deny this application in light of
everything that has happened with the trees, and awareness, the flood of
responses from the residents, our .traffic problems. I just feel that the
other two options of having a further supplemental environmental impact
reviews would be less than anything that you could possibly do by just
denying this application. Mr. Voorhis said that the downing of the trees,
you can never achieve what was there, and he suggested that we restore
the area as well as it can be. I was a little surprised, and felt it was a
premature reaction that Ms. Dowd suggested buffers, and landscaping, and
we just feel that no buffers, no landscaping, no berms, could ever replace
those trees. It's inferior to what was there, and we hope that it can be
replaced to the best that it can be, something of that age, and caliber can
never be compared to any kind of these shrubberies, hemlocks, or so called
buffers. We feel very strongly _about that, and I am asking the Board, you
have the power to deny this application now without further study, without
any more supplemental reviews. I just ask if that is consideration at this
point?
COUNCILMAN MOORE I just pulled out my notes from the morning meeting,
and I listened to the same three things. Mr. Voorhis is going to give us
a written recommendation, I believe we took it, by weeks end. But, if I am
not mistaken, and . I hope I took good notes, the first option you
recommended to us is one that, in his words, he did not recommend. It was
not a recommended course. He identified it, but it did not recommend it to
US. I would be mistaken if he comes back with the report by week's end,
he suggests that is the course that we take. - My notes say, that was not a
recommended course of action for us.
JULIE SANFORD: He said he didn't recommend it, because if there were
existing business area nearby.
COUNCILMAN MOORE: I would like to see his report, but not to leaving it
hanging out there.
JULIE SANFORD: But, we are residential. We are residential and hamlet,
and we want to remain as such. We do not the compromise. We do not want
any further losses that we are already experiencing, and he also mentioned
that the things we pointed out, as far as the violations of Mr. Mullen's,
and said, good neighbor policy, that we feel have been violated, and I
think they should be taken into account as well. Why should we trust, or
have . good faith in a man who has already violated us? This is how we
feel, and we are looking to the Board for a appropriate response to this.
SUPERVISOR COCHRAN: Laury, just for the benefit of those attending,
would you explain the three options that were presented to us this morning?
TOWN ATTORNEY DOWD: Mr. Voorhis had indicated this was just based
on his preliminary reviewing. He is going to get them to us in writing,
which would be a lot more clear and definite. One of the options was to do
a Negative Dec under SEQRA, and to deny that outright. He pointed out
that the down side of that would be that it would not give the applicant or
the community a chance to have any input. It would stop things before the
project got flushed out. The second option was what he called a part III
SEQRA analysis along with a site plan, and a landscape plan, and other
types of input from .the applicants, so you get a pretty complete picture of
what was proposed, and it would have the opportunity for community input,
and the third option was that you require an environmental impact
statement, that would be focused, it would be a scoping where everybody
goes through and decides what are the important issues, that we should
really focus on, so that it is sort of focused, and that would have the same
21 .6 AUGUST 19, 1997
advantage, he pointed out, of flushing out the project, and getting public
input. It would just be, as I recall him saying it more formal than the
second option.. The net result would be very similar.
JULIE SANFORD: I feel there has been public input. I think you have
directly, for yourselves been directly exposed to our concerns, and
responses, and that is why I think all these formal studies perhaps are not
accurate as the direct communication that we have been passing on to you.
That is my concern., because I know their initial study omitted many things
that were problems . at the time. The traffic wasn't even considered. We
have traffic problems in that area. This expansion will, I think, will just
aggravate it further. The ,esthetics are just. . I have to look at it every day
I go home, every day I leave my street. Every day I come home I have to
look at those trees. Everyone already feels it impacted. Yes. There is an
impact now. We are stressing it. We are hoping, you know. .helping you see
how we feel, because, you .know, for an outside group to come in, and it's
not the same, it's not the same as the townspeople who have to live with it.
Environmental study group can go home. This is our home.
SUPERVISOR COCHRAN: Thank you. Is there anyone else, who would like
to address the Town Board? (No response. ) I want to give you every
opportunity. If not, I will call for Board reports. I'll start on my left
with Councilman Townsend..
COUNCILMAN TOWNSEND: We already talked about the Planning and
Zoning changes. You mentioned the Fishers Island trip, which was
interesting. The Board went over on, that, and I. think that while it's very
important that the Town Board members go to Fishers Island, and listen to
their concerns, what I have always found equally important is the
opportunity to talk to all the other arms of government, all the other
representatives of government who are there on a junket, I guess, but
basically get a lot of really good information. You talk to people from the
County, talk to people from the State. I talked to somebody from the
Highway Department for some time. I talked to the head of Planning of
Suffolk County. I found out that, you know, the County has put a hold
on anymore agricultural acquisition of development, which I thought was
interesting at this point. You get a lot of little tidbits. It's really a
worthwhile thing, and even if we weren't going to Fishers Island it might
be good to take a trip to nowhere with these people. You get a chance to
exchange information and concerns. Talking with the representative from
the DEC was very informative. You got a chance to see what their
thinking is like relative to the very important concerns of the town, and
the potential for tremendous cost for remediating our landfill. 'So it's not
just a junket for us, anyway. I think most of ' the Board shares that
feeling of getting to know .people, not being afraid to make that call later,
too. I talked to Sandy Treadwell for some length, and found out that we
didn't play football against each other. We went to adjoining schools.
Anyway, that rl guess is about it. Thanks.
SUPERVISOR COCHRAN-: Ruth?
COUNCILWOMAN OLIVA: Thanks, Jean. We had a wonderful trip as Joe
has said to Fishers Island. It is always good to talk to other agencies,
and just other people even in town here, that you don't get a chance to
really talk to, and exchange different ideas. We had a Goldsmith Inlet
Work Study Group, where we went over the requests `for proposals for the
studies to be done from Duck Pond Point to Horton Point. That committee
was agreeable to go ahead with that, being that we are being sued by the
Kenny's Beach Association. We will have to see how far we can proceed with
-these studies, but they are really very important. I, also, had the
pleasure of meeting with Jean and Secretary of State Sandy Treadwell at
Skipper's Lane in Orient. That is a bulkhead, that - really did need to be
repaired. It was quite dangerous, and it is in a state of disrepair, and now
there is a nice picnic bench sitting, too. It's a lovely view, and you can
count the sailboats, and look at all the scenery. I would, also, like to
say that we worked very hard, too, our Code Committee for this* Cellular
Communications . Tower Act, and I hope that there might be some revisions
we can make later on, but tonight was our last night to do it. If we just
decide (tape change) ' to make sure it is a safe and nice place, and not
something that is going to be destroyed, or used inappropriately, and it is
up to the Town to enforce it, and I think we are all going to look at all
AUGUST 19, 1997 '219
these areas to see which ones we can really address the most
appropriately. I think that's about it.
SUPERVISOR COCHRAN: Thank you, Ruth. Bill?
COUNCILMAN MOORE: I will just report to. the Board that I had the
opportunity, and the pleasure of representing the Town at an Eagle Court
of Honor for. Chris Constant from Orient, who got his award on Saturday.
It was a very nice time, and people took the effort to stop and congratulate
him on a very well ' deserved accomplishment. I'll take this opportunity to
suggest that Alice, who said it twice now, is incorrect. I wish it were as
simpje, the telecommunications to simply say, no. There are other issues
with it. You just say, no, and they try and say that works, but I don't
believe that just saying, no, and prohibiting these towers in residential
zones is a legal and viable option. Our Town Attorney doesn't accept that
premise. Our Town Planner doesn't accept that premise. I don't accept the
premise, and so I believe that Alice, although she doesn't accept our notion
of the .law is wrong on this one, and I wish it were as simple as that,
because we wouldn't have gone through all the machinations and the efforts
we went through if we could have simply said, no.
SUPERVISOR COCHRAN: Thank you. Alice?
COUNCILWOMAN HUSSIE: Are we going to continue this? I am ready.
COUNCILMAN MOORE: Go to law school: I have encouraged you.
COUNCILWOMAN HUSSIE: I would love, to, go to law school, but the fact
remains I did- learn how to read, and I'�vcan not read where the word
prohibit comes anyplace in here, this thick mess here, but 1 don't want to
talk about that. I want to talk about the frustration I hear concerning the
trees. I said it once before. I have to say it again. The trees were cut
down on residential property. The Town doesn't have anything to say. If
you have a lot, and it's full of trees, and it's residential you can ,cut
down every tree, and everybody can be mad at you, but we can not do
anything about it. That's number one. Number two, there are two sides to
every question, and while "we have heard a number of things from the
residents who would rather this zone change fly away, we have also heard
from people having perhaps different views. That's all.
SUPERVISOR COCHRAN: Louisa?
JUSTICE EVANS: - I want to thank you for all your kind words .about
coming to Fishers Island, and I would like to say from perspective from
being on Fishers Island it's very nice for the people that live out there to
be able to put faces on' with the voices that they talk to, so for the people
on " Fishers Island most of the enjoyment comes out of meeting the people
from the Town that come over, because that is who they deal with mostly.
So, I appreciated all the people from the different Town departments, that
came over, and made themselves available to our residents.
COUNCILWOMAN HUSSIE: You know, no one has mentioned that it was a
terrible boat ride. People were seasick. There wasn't much talking coming
back.
SUPERVISOR COCHRAN: I would like to share some things with you that
have been taking some of my attention, a lot of my attention during the last
two weeks. I did have the opportunity to meet with the gentleman, who
came down from Albany, and he is Deputy Commissioner of Land
+,. Management for New York State Parks. He came with the manager from the
Orient State Park, and wanted to inform me that they are beginning to look
at possible camping facilities down at the park. There were three
directions. I guess you call them RVs, or tent pitching, or cabins, and
I think they are pretty well focused on cabins, so for your information that
might be something you will see in the future. Also, one of the duties that
Bill and I have is meeting with the Labor Management Committee. This is a
committee composed of both the Union and several of us on the Town
Board, that discusses items before they become serious problems. One of
things we are doing in that committee right now, or group, is to review the
employee handbook. It's , something we have developed and .we felt that,
although management is our prerogative, we felt that we would run it past
V AUGUST 19, 1997
the Union just to make sure there weren't any kinks in it. I was fortunate
in that Dulrks Unlimited, who is a conservation organization did honor me
for my work with Duck Unlimited for the last sixteen years. I did start
the Green Wing Program, which is a youth program under Ducks Unlimited
here in the Town of Southold, and so, 1 certainly thank them for their
honor. - I was flattered. Also, I had the opportunity, Bill and I, we sat
down with Lee Koppleman,, .and just talked in general about planning, and
Val Scopaz, and .he felt that although there is always room for improvement
he felt pretty good about the shape that Southold is in, In relation to
their zoning. I, also, had the opportunity to sit down with Eddie Adams
from the Mattituck Park District, and a gentleman from the DEC, and a
resident from Mattituck. I had reported previous that we had sat down,
because the Mattituck Park District is interested in giving the dunes behind
the beach at the Mattituck Inlet to the DEC. They feel that the there
would be better enforcement. Right now the buggies are riding down from
Riverhead. They are breaking down the dunes. It could become a habitat
for some birds and fowls, because it's the kind of land that the little
Plover things that run around like. Although the Town is not directly
involved, it's not our jurisdiction. I had brought these groups together,
and said, okay, and they all said, yeah, let's all work together, let's make
this happen, and it has been several months, and nothing was happening. I
think each group was waiting for the other to take the next step, and it
didn't happen, so I brought them back together again, and . now there are
actions being taken, that hopefully the land will be given to the DEC, and
it will have better protection, and will just improve the entire area. Also,
I had a meeting with a woman that is involved, and we are going to be
having exchange students from Germany coming to Mattituck School District,
and we are trying to work out something that we certainly would welcome
them to Southold Town. Yesterday morning I had a meeting with the DOT,
Department of Transportation from New York State, and Ruth, also, sat in
on the meeting, and Jamie > Richter. The purpose of the meeting was to
discuss the road runoff projects within the Town of Southold. These have
been delayed due to budget problems with the State, and just different
reasons. We really expected some of these roads, and road. as they pave
the road they are going to correct some of these runoff problems, and now
it looks like the schedule is maybe _the end of '98, 199, going into 2000 for
the work, so it's not going "to happen as "quickly as we had hoped it was
going to happen. We did have the opportunity while there were three
gentlemen from the State DOT, while we met with them there different in
relation to conditions, traffic. Within the township we were able to express
some of our concerns. Again I have requested a double yellow line from
Porky's in Greenport to Orient. If you travel to . Riverhead, and you get
off the dual highway they have a double yellow line. They have a 45 mile
speed limit. I can't understand why we can't get it on this end. It's the
same kind of a country road. Orient is a very fragile spit of land anyhow,
and I just don't think it's appropriate for cars and trucks to just be
racing through helter skelter, that they should give;,' some consideration to
our living here, and existing as they zip through town. So, for what it is
worth they did write it on 'that pad.- We will continue to try. I would like
to extend to Scott Hilary, who serves on our CAC Committee, who was
married over the weekend, and I would just , like to offer him
congratulations, and his new bride, Kelly. Last night I attended the
Chamber meeting in Mattituck. The guest speakers were the North Fork
Environmental Council, and Kurt Kessler from the Ducks Unlimited
organization, and it was well worth attending, and listening to the
speakers. In between we do telephone . answering, and we send out
letters. I did have the opportunity to go to the Barrel Tasting at Osprey
Dominion on Saturday. They had, I would say six or seven hundred
people, that turned out for it. It was nicely done. 1 didn't do any testing
because I had been at the wedding all afternoon. Enough is enough. One
last thing I'd like to finish up with. This is being circulated in the
community. It has been given, addressed, and put .in people's mailboxes.
It's misleading in a sense, because down the bottom it says, for further
information contact Jean Cochran. I � did not put this out. It's in relation
to paved paradise, and putting in a parking lot. It's in relation to the
controversy down here with the zone change, and the cutting of the trees.
Some of this information is . correct, some is incorrect, . but first thing this
morning I had one person yesterday, and this morning several, that wanted
to express their opinion, about the issue, because my name is on the bottom
of this paper. . I would like to suggest. that the people that are releasing
this put their name on the bottom of the paper. Those people that came up
AUGUST 19, 1997
to me were supportive of the zone change. As we go through this process
with the zone change, I think, are trying very hard to remain neutral. As
you go through the process we base our findings on a zone change,
information that is brought to us at the public hearing. So, many people
that have been in to speak in relation to this will have to come back to the
public hearing, and I am sure that is fine with them, but I would just
appreciate it if you are going to release information, at least let - us know
who it is from. Okay? If there is no further business I will call for a
motion to adjourn.
Moved by Councilwoman Oliva, seconded by Councilman Moore, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at
9:10 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