HomeMy WebLinkAboutTB-10/14/1997 3Zt3
SOUTHOLD TOWN BOARD
October 14, 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.
9:10 a.m. - Senior Accountant John Cushman and Data Processing Equipment
Operator John Sepenoski met with the Board to present their findings with regard
to a time and attendance system. After several presentations, they recommended
to. the Board that Simplex (resolution 18) be selected.
9:30 a.m. - For Discussion items: A resolution (19) was placed on the agenda to
advertise for resumes for a Clerk for the Tax Receiver's office.---The Board
reviewed a proposed letter to -the National Park Service nominating Fort Corchaug
as a National Historic Landmark, and endorsed the submission of the letter by
Supervisor Cochran.---A 'resolution (20) was placed on the agenda to invite the
State Comptroller's office to conduct a review of the user fees, and submit a non-
binding recommendation suggesting methods of containing costs and/or enhancing
revenues without raising taxes.. --October 22nd was set to interview applicants for 5
the Conservation Advisory Council youth member.---The Board discussed a
memorandum from Town Attorney Dowd summarizing the significant portions of the
2% Tax Legislation. The Town Board added some of their concerns and Supervisor
Cochran will send them along to Assemblyman Fred Thiele.---Councilman Townsend
submitted the proposed "Local Law to Revise Business Uses", which was reviewed
by the Board,: and several changes suggested. Some of the changes will be made
and the law will be back on the October 28th agenda.
10:25 a.m. - Richard Ryan, Chairperson. of the Land Preservation Committee, met
with the Town Board to discuss a grant application to. the NYS Department of
Agriculture & Markets for funding for the purchase of development rights of selected
farmlands within Southold Town. A resolution (21) was placed on the agenda
authorizing the submission of the application.
10:30 a.m. - Senior Planner Valerie Scopaz met with the Board to discuss engaging
the services of Conservation Advisors to create foundation mapping for Geographic
Information System applications. . The funds for their services, $5,500.00, is in the
Planning Board budget. A resolution (22) was placed on the agenda authorizing
the Supervisor to execute the contract for the services of Conservation Advisors.---
Ms. Scopaz and Senior Accountant Cushman discussed with the Board the Planning
Board's request to modify the 1998 Budget to move $19,500 set aside for another
contract with Conservation Advisors for 1997 to 1998. However, Mr. Cushman
advised that the money cannot be put aside for services not rendered. Therefore,
the Town' Board must add another $19,500 to the 1998 Budget to have the money
available for Conservation Advisors' services in 1998. In the meantime, the Planning
Department will' apply for a grant of $5,000 to $7,500 from the. Department of State,
through the Local Waterfront Revitalization Program Environmental Protection Fund,
to underwrite the costs associated with a , workshop with the Town's counterparts
in Connecticut arid;,other parts' .of. Long Island with regard to ferry impacts on the
East End.
OCTOBER 14, 1997 329
11 :05 a.m. - For Discussion items continued: Councilwoman Oliva asked the Town
Board to consider placing time limits for subdivision approvals. Questions were
raised with regard to ;rights of the developers and whether there are State Law
provisions that cover this. The matter was referred to the Code Committee.---The
Board place a resolution (23) on the agenda to refer the "Local Law in Relation to
Wireless Communication Facilities" to Town and County Planning Boards, and one
(24) to engage Nelson,; Pope & Voorhis to update their environmental review with
regard to the law.---Councilwoman Hussie asked the Board to consider creating
Board with regard to time clocks (see resolution 18) . Supervisor Cochran suggested
that she contact Simplex, inasmuch as they offered to supply sample policies.---The
Board took the following action with regard to the Architectural Review Committee:
Accepted the resignation of John C. Cronin, Jr. , hamlet member for New
Suffolk/Cutchogue (resolution 25) , reappointed certain members who wish to remain
on the committee (resolution 26) , and authorized the Town Clerk to advertise for
resumes to fill vacancies (resolution 27) .----The Board took the following action with
regard to the Substance Abuse Committee: Accepted the resignation of Walter Gaipa
(resolution 28) , reappointed certain members who wish to remain on the committee
(resolution 29) , and authorized the Town Clerk to advertise for resumes to fill
vacancies (resolution 30) .
11 :35 a.m. - The Town Board reviewed the resolutions to be .voted on at the 7:30
p.m. Regular. Meeting.
EXECUTIVE SESSION
11 :40 a.m. - On motion of Councilwoman Oliva, seconded by Councilwoman Hussie,
it was Resolved that the Town' Board enter into Executive Session to ' discuss
employment history and, litigation. Vote of the Board: Ayes: Supervisor Cochran,
n Coucilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans,
Councilman Moore. Also present: town Clerk;; Terry, Town Attorney Dowd.----As a
result of this Executive Session two resolutions were placed on the .Regular .Meeting
agenda: Authorized the Town Clerk to advertise for resumes for a Board of Appeals
member' for Fishers Island (31) , and to adopt a salary structure for the position of
Administrative Assistant 932) .
12:50 p.m. -. Work Session adjourned. -t
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330
REGULAR MEETING
A Regular Meeting of the Southold Town Board was. held on October
14, 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 the
bills for October 14, 1997? .
Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the' following bills be and hereby are ordered paid:
General Fund Whole .Town bills in the amount of $67,206.55; General Fund
Part Town bills in the amount of $751 .65; Community Development Fund bills
in the amount of $15,000.00; Highway Fund .Whole Town bills in the amount
of $9,288.78; Highway Fund , Part Town bills in the amount of $4,487.93;
Ag Land Development Rights bills in the amount of $90,754.00; Computer
System Upgrade bills. in the amount of $108,811 .29;. Employee Health Benefit
Plan bills in the amount of $22,155.04; Fishers Island Ferry District bills
in the amount of $19,813.02; Refuse and Garbage District bills in the
amount of $72,780.14; Southold Wastewater District bills in the amount of
$11,694.12; Southold Agency & Trust bills in the amount of $1,438.13;
Fishers Island Ferry District Agency E Trust bills in the amount of $155.65.
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: Approval of minutes of September 30, 1997.
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the minutes of the September. 30, 1997, Town Board
meeting be and hereby is 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: I would like to set the next Town Board meeting,
Tuesday, October 28, 1997, a.t 4:30 P.M.
Moved by Supervisor Cochran, seconded by Councilwoman Oliva, it was
RESOLVED that the next meeting of the Southold Town Board will be held
at 4:30 P.M., Tuesday, October 28, 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.
SUPERVISOR COCHRAN: We have on the agenda a special presentation. I
understand someone should be here from Cornell Cooperative Extension of
Suffolk. I do not recognize them ,as appearing yet, so I will hold this.
OCTOBER 14, 1997 33
I . REPORTS.
SUPERVISOR COCHRAN: As you know listed on your agenda are all the
different reports of the different departments and committees, and they are
on file with the Town Clerk's Office, and are public information, so they
are available to you .for any information you might want to receive.
1 . Southold. Town Recreation Department Monthly Report for September,
1997.
2. Southold Town Building Department Monthly Report for September,
1997.
3. Southold Town Scavenger Waste Treatment Facility Monthly Report for
September, 1997.
4.-- HHS Administrations Town Claim Lag Study Analysis for September
1997.
5. HHS Administrations PBA Claim Lag Study Analysis for September,
1997.
6. Southold Town's Program for the Disabled Monthly Report for
September, 1997.
7. Southold Town Clerk's Monthly Report for September, 1997.
8. Southold Town Justice Price's Monthly Court Report for September,
1997.
9. Southold Town Justice Bruer's Monthly Court Report for September,
1997.
10.Southold Town Trustees Monthly Report for September, 1997.
II . PUBLIC NOTICES.
SUPERVISOR COCHRAN: Public Notices, I would like share with you that
this , year in addition to the week of pick-up that the Superintendent of
Highways does in relation to brush, and limbs, and twigs, the schedule is,
Orient Point to Truman's Beach is November 17th, Truman's Beach to
Moore's Lane is November 18th, Moore's Lane to South Harbor Lane is
November 19th, South Harbor Lane to New Suffolk and Nassau Point to
Alvah's . Lane, Cutchogue is November 20th. Alvah's Lane to Mattituck
to Laurel Lane in Laurel is November 21st, and what we have down this
year for the first time is you will be able to bring brush into the landfill
three weeks prior to these dates. We feel that it will, or should, cut down
in part to collection by the Highway Department. Also, rather than seeing
unsightly piles of brush all along the highway, hopefully, those of you that
are able to take it directly to the Landfill at no cost will take it into
the Landfill within that three week period prior to. I would just like- to
remind you, I believe it was last year, that someone had thrown a piece of
metal into the brush and the leaves, and one of our pieces ,of heavy
equipment was used to move, or whatever they were doing, and it did
damage to the heavy 'equipment to the tune of $5,000. So, that was an
unexpected expense for the town. We would just like to stress, please,
and the newspapers, tell you exactly what Mr. Jacobs will be up. Please,
only, only clean brush and leaves, no household items.
1 . Southold Town Highway Department Fall Leaf and Brush Clean-Up
Week schedule.
Ill . COMMUNICATIONS.
SUPERVISOR COCHRAN- We did receive a letter from Save the Bays
thanking our Highway Superintendent for their work in the clean up of the
beaches several weeks ago. They had close to thirteen hundred
volunteers, everything from Boy Scouts, to Girl Scouts, Fire Departments,
to, you know, school students, so it was most successful, and as a result
our beaches are much, much cleaner.
1 . Gayle Marriner-Smith, President of Save the Bays, Inc. with thanks
for assistance of Town Board and Superintendent of Highway during Hands
Around the Bays Beach Cleanup.
33 OCTOBER 14, 1997
IV. PUBLIC HEARINGS
1 . 8:00 P.M., on a proposed "Local Law in Relation to Peconic Bay
Boulevard".
2. 8:02 P.M., on the acquisition by the Town of Southold of the
development rights in the agricultural lands of Pugliese Vineyards, SCTM
#1000-097-01-016.
V. RESOLUTIONS
SUPERVISOR COCHRAN: As you know the Town Board has a policy, that
before we act on any of the resolutions, that you 'have the opportunity to
address the Board in relation to that resolution. Later in the meeting you
will have the opportunity to address the Board on, any Town business. So,
at this time right now, if there is any resolution that you would like to
ask a question on, or want further information, or whatever, now is the
time.
JAY GARGANI: Jay Gargani, Southold. Resolution` #5, 1 would just like
to know, does Resolution #5 bear any relationship to the County Executive's
$235,000 cut in the Police Assistance Fund as related to Southold?
SUPERVISOR COCHRAN: No, it doesn't. This is a modification in the
budget where you are changing funds from one line to another. It is from
uniforms and accessories to weapons. I am sure this is part of getting
ready for the. . l'm not sure what it is. 1 shouldn't say, I'm sure, because
I really don't know. All . I know is that the Chief has requested a change in
his budget from one line to another. I will cover that $235,000 later in my
report. Okay, resolution #1 .
1 .- Moved by Councilwoman Hussie, seconded by Justice 'Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts,
with regret, the resignation of Alpfienic Martin, ;Senior Adult Day Care
Aide, effective September :30, 1997.
1 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
2.- Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of .Southold hereby modifies
the 1997 Wastewater District budget to cover overdrawn line items:
To:
SS1 .1920.4.000.000 Insurance $ 2,000.00
SS1 .8130.4.400.700 Trailer Rental 2,000.00
From:
SS1 .8130.4.500.900 Unallocated -$ 4,000.00
z•- 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 Justice Evans, it was
RESOLVED that the Town Board of the Town 'of Southold hereby modifies
the General Fund Whole Town 1997 budget to cover al overexpended
budget line:
To:
A.9730.6.000.000 Bond Anticipation Notes
Principal $ 100.00
From:
A.9730.7.000.000 Bond Anticipation Notes
Interest $ 100.00
3.- Vote of the Town. Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
OCTOBER 14, 1997 333
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 the
Cooperative Agreement between the Town of Southold and the United State
Department of Agriculture Natural Resources Conservation Service and the
County of Suffolk Soil and , Water Conservation District to assist the
Southold Town Trustees in Conducting a detailed watershed analysis of
Mattituck Creek.
4.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
5.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1997 Police budget as follows:
From:
A.3120.4.100.600 Uniform and Accessories $ 1,865.00
To:
A.3120.4.500.600 Weapons $ 1,865.00
5.-Vote of the Town ' Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
6.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Building Inspector Michael Verity to attend the following
mandatory NYS Code Enforcement training seminars: October 20-24, 1997,
"at Montour Falls, New York, October , 27-30, 1997 at Westchester, New
York, and November 17-21, 1997 at Montour Falls, New York, and the
necessary expenses for registration, room, meals, and use of a Town
vehicle for travel shall be a legal expense to the Building Department's
1997 budget.
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 Justice Evans, 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 to appropriate the grant from .the
Fishers. Island Conservancy to cover the overexpended "mosquito control"
budget line:
To:
Revenues:
A.2705.40 Gifts and Donations
Other $ 975.00
Appropriations:
A4010.1 .300.100 Public Health, P.S.
Seasonal Employees
FI Mosquito Control $ 904.00
A.9030.8.000.000 Social Security
Employee Benefits 71 .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 Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the Board of Commissioners of the Fishers Island Ferry District
to advertise for bids for effecting repairs in the way of the
"MUNNATAWKET Ramp" at the Ferry District New London, Connecticut,
terminal, all in accordance with plans and specifications prepared by
Docko, Inc.
8.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran. .
This resolution was duly ADOPTED.
33A OCTOBER 14, 1997
9.-Moved by Councilwoman Oliva, 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 Suffolk County Office of the Aging and the Town of Southold
for the Supplemental Nutrition Assistance Program (SNAP), for the period
of April 1, 1998 through March 31, 1999, all in accordance with the
approval of the Town Attorney.
9.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman . Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly. ADOPTED.
10.-.Moved by Justice Evans, seconded by Councilwoman`Oliva, 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 Suffolk 'County Office for the Aging• and the Town of Southold
for the IIIC Nutrition Program, for the period of January 1, 1998 through
December 31, 1998, all. in accordance with the approval of the Town
Attorney.
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 Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to readver.tise for resumes for two
(2) EISEP Aides to work 17-1/2 hours per week, 'at a salary of $6.46 per
hour.
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 Justice Evans, seconded Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to readvertise for Tree Committee
members.
12.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
13.-Moved .by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the resignation of Patricia Sanchez, an aide with the Expanded In-Home
Services for the Elderly Program (EISEP), effective '.October 7, 1997.
13.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie',
Supervisor Cochran.
This resolution was duly ADOPTED.
14.- Moved by Councilwoman Oliva,' seconded by Councilwoman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the Board of Commissioners of the Fishers Island Ferry District
to accept the bid, and execute a contract with Thames Shipyard and Repair
Company, in the amount 'of $14,.650.00, plus additional fees for supplemental
work which may be found necessary or required by.' cognizant regulatory
authority after the vessel .has been drydocked.
14.-.Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
OC.TOBER 14, 1997 33
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15.- Moved by Councilman Townsend, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the Board of Commissioners of the Fishers Island Ferry District
to accept the bid, and execute a contract, with. Whaling City Dredge and
Dock Corp., in the amount of $31,095-.00, for the removal of one (1) 7 pile
dolphin and the installation of two (2) & pile dolphins at the entrance to
Silver Eel Cove, Fishers Island, all in accordance with the plans and bid
specifications.
15.- Vote of . the Town ' Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
16.- Moved by Councilwoman Hussie, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the resignation of Kenneth Meskill from the position of Chairman of the
Conservation Advisory Council, effective July,,, 1997.
16.- Vote of the Town Board: Ayes: Councilman ' Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
17.- Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Scott A. Hilary as Chairperson of the Southold Town Conservation Advisory
Council, effective immediately through June 18, 1998.
17.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman ' Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
18.- Moved by Councilwoman Oliva, seconded by Councilman 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 Simplex Time Recorder Co. and the Town of Southold for the
acquisition of a Time and Attendance System; said agreement subject to the
approval of the Town .Attorney.
18.-Vote of :the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
19.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board: of the Town of Southold hereby
authorizes and directs the Town Clark to advertise for resumes for a Clerk
for the Tax Receiver's"' office, December 8, 1997 through January 16, 1998
and May 4, 1998 through July 17, 1998, at a salary of $6.35 per hour.
19.-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: This next resolution just to explain a little bit
before it is passed on, the State Comptroller Carl McCall sent down a
brochure to my office, which offers certain services from the State, on of
which is a review of fees, user fees, so the Town Board felt that it was
worth taking advantage of, and so this resolution allows- us to contact them,
and have a complete study done on users fees in all areas of Town
government.
COUNCILWOMAN HUSSIE: At no expense.
SUPERVISOR COCHRAN: At no expense,, it is free service.
3-3 OCTOBER 14, 1997
20.-Moved by Councilwoman Hussie, seconded by Councilman Moore,
WHEREAS, State Comptroller H. Carl McCall . has instituted a program
called $MART Reviews; and
WHEREAS, a $MART Review entails the study of a particular function or
functions of a local government; and
WHEREAS, at the conclusion of a $MART Review, the Office of the State
Comptroller (OSC) issues non-binding recommendations suggesting
methods of containing costs and/or enhancing :revenues without raising
taxes; and
WHEREAS, the benefits of participating in the $MART program have
been discussed by those officials involved in the management of the Town of
Southold; and
WHEREAS, a $MART Review must be requested by resolution of the
governing board; now, therefore, be it
RESOLVED that the Office of the State Comptroller , is hereby invited to
conduct a $MART 'Review in the Town of Southold, focusing on the User
Fees; and be it
FURTHER RESOLVED that the Town Board of -the Town of Southold
hereby designates Senior Accountant John A. Cushman II as its
representative to act as a liaison and contact person with the OSC during
the $MART Review.
20.-Vote of the Town Board: Ayes: Councilman' Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
21 .-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the Town 'Board of the Town of Southold hereby grants
permission to the Land Preservation Committee to submit a grant application
to the New York State Department of Agriculture .E Markets for Fiscal Year
1997-98, for the purchase of Development Rights in selected farmlands
within the Town of Southold.
COUNCILWOMAN OLIVA: This is a grant application that we are going to
make for the Open Space Bond Act money for matching grants for our
Farmland Preservation, so that we can perhaps double the amount of money
that we can spend.
COUNCILMAN TOWNSEND: Was it double, or quadruple?
COUNCILWOMAN OLIVA: Triple, which is even better.
21 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
22.-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 a contract
between Conservation Advisors and the Town of Southold for the creation of
foundation mapping for Geographic Information System application, a a fee
of- $5,500.00 for their services.
22 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
23.-Moved by Councilman Moore,. seconded by Councilwoman Oliva,
WHEREAS, there has been presented to the Town` Board of the Town of
Southold, on the 14th day of October, 1997, a Local Law entitled, '.'A
Local Law in Relation to Wireless Communication Facilities"; now, therefore,
be it
RESOLVED that the Town Clerk be and she hereby is authorized and
.directed to transmit this Local Law to the Southold Town Planning Board
and the Suffolk County Department of Planning for .their recommendations
and reports, :all in accordance with the Southold Town Code and the Suffolk
County Charter. This Local Law reads as follows:
OCTOBER 14, 1997 3_�7
A Local Law in Relation to Wireless Communication Facilities
BE IT ENACTED, by the Town 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, receive-only satellite dish antennas.
amateur radio antennas and wireless communication facility
receiving and transmitting antennas, except for radio, aR -
television, suGh receive-only satellite dish antennas,
amateur radio 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.
WIRELESS COMMUNICATION FACILITY. A wireless
communication facility is any unstaffed facility for the transmission
and/or reception of wireless telecommunications services usuallv
consisting of an wireless communication facility array, connection
cable-.!:an eguioment facility, and a support structure to obtain the
necessary elevation The support structure is either a building,
telec-rrimunication tower. or other approved structure.
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
telephone services personal communication services, specialized
mobile radio enhanced specialized mobile radio. paging, and
similar services that currently exist or that may in the future be
developed.
TELECOMMUNICATION TOWER. A telecommunication tower is a
type of wireless communication facility 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 (his definition.
2. Article XVI is hereby added and shall be entitled "WIRELESS
COMMUNICATION FACILITIES. "
3. Section 100-160. Purpose is added as follows:
538 OCTOBER 14, 1997
It is the express purpose of this article to minimize the visual and
environmental impacts of wireless communication facilities while
protecting the health. safety and welfare of Southold's citizens and
allowing wireless service providers to meet their technological and
service objectives. This article allows wireless communication
facilities. and particularly telecommunication towers, to be
reviewed and aporoved in keeping with the Town's existing zoning
and'historic development patterns. including the size and spacing
of structures and open spaces. Furthermore, the standards herein.
reflect two preferences: (1)'that wireless communication facilities
are preferred in industrial areas and (2) that wireless
communication facilities be located on existing buildings and
towers rather than on newly constructed towers. Any wireless
communication facility must take into account the aesthetic aspects
of the town. including open vistas. scenic-byways and historic
districts.
4. Section 100-161. 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'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 100-162. Location of Use is hereby added as follows: '
No wireless communication facility shall be used, erected or
altered in the Town of Southold exceptas follows:
A.. In Residential and Marine Districts including AC. R80, R40,
R120:•R200. R400 AHD HD RR RO MI and MII 'a wireless
communication facility is subiect to site plan approval and must
meet the following requirements.
(W Wireless Communication Facility-on Buildings - Shall require a
special exception approval pursuant,to this article. Wireless
communication facilities on buildings shall be no higher than ten
feet above.the average height of buildings (excluding signs.
fences: and walls)_ within 300 feet of the proposed facility. The
building on which the Wireless Communication Facility is located
must be located at least one hundred feet (1001 from the
nearest prooertv line and three hundred feet (300') from any
landmark prooertv or district listed by federal. state or town
agencies.
(2) Wireless communication facilities on Existinq
Telecommunications Towers shall require a special exception
approval pursuant to this chapter unless otherwise allowed by the
terms of a prior special exception approval.
OCTOBER 14, 1997 33
-9
(3) Wireless Communication Facility onTelecommunications
Towers - Shall require special exception approval pursuant to this
article and shall not project higher than ten (10) feet above the
average height of buildings (excluding signs. fences, and walls)_
within three hundred (300) feet of the facility or. if there are no
buildings within three hundred (300) feet, these facilities shall not
oroiect higher than ten(10)feet above the average tree canopy
height in that radius measured from ground level. If there-are no
buildinas within three hundred (300) feet of the proposed facility
site. all telecommunication towers shall be surrounded by dense
tree growth to screen views of the facilitv in all directions. The base
of the tower shall be located at least one hundred (100) feet from
the nearest property line and three hundred (300) feet from a
landmark property or district listed by federal. state or town_
agencies.
(4) A wireless communication facility is a permitted use, not
requiring site plan approval if located on property owned, leased
or otherwise controlled by state federal or town government,
provided a license or lease autfiorizinq such facility has been
approved by that government The height of such facility may be
established by the public agency.
(5) A wireless communication facilities is a permitted use. not
requiring site plan agoroval if located on property owned. leased
or otherwise controlled by a special district provided a license or
lease authorizing such facility has been approved by the
commissioners of the special district and provided that it does not
exceed the maximum heights specified above.
B. In Commercial Districts includinq LB HB and B a wireless
communication facility is subiect to site plan agoroval and must
meet'the following requirements.
L1) Wireless communication facilities on Buildings area Permitted
use Wireless communication facilities on buildings shall be no
higher than twenty feet above the average height of buildings
(excludihq signs fences and walls) within 300 feet of the
,proposed,facility.
(2)-Wireless communication facilities on Existinq
Telecommunications Towers are a permitted use unless otherwise
restricted pursuant to the terms of a orior special exceptidn
approval.
(3) Wire Communication,Facility on Telecommunications Towers
are a Permitted use but shall not proiect higher than twenty feet_
above the average height of buildings (excluding signs. fences.
and walls) within three hundred (300) feet of the facility or. if there
are no buildings within 300 feet these facilities shall not oroiect
higher than twenty feet above the average tree canopy height in
that radius measured from around level If there are no buildings
within three hundred (300) feet of the proposed facility site. all
telecommunication tcwers shall be surrounded by dense tree
OCTOBER 14, 1997
11 .
growth to screen views of the facility in all directions. These trees
may be existing on the subiect property or planted on site. The
base of the tower shall be located at least one hundred feet (100')
from the nearest dwelling unit and three hundred feet (300') from
any landmark property or district listed by federal, state or town
agencies.
(4) A wireless communication facility is a permitted use, not
requiring site plan approval, if located on property owned, leased
or otherwise controlled by state, federal or town government,
provided a license or lease authorizing such facility has been
approved by that aovernment.
C. In Industrial Districts including LI and LIO. a wireless
communication facility is subiect 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 federal. state or town agencies,
(1) Wireless communication facilities on buildings are a permitted
use orovided the height of the wireless communication facility
does not extend more than one hundred feet 000') above the
existina grade and the wireless communication facility is
located at least one hundred feet (100') from the nearest property
line and three hundred feet (300') from'any landmark property or
district listed by federal. state or town agencies.
(2) Wireless communication facilities on Existing
Telecommunications Towers are permitted unless otherwise
restricted pursuant to the terms of a prior special exception
aporoval.
r�
(3).Wireless Communication Facility an Telecommunications
Towers are a permitted use 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 (100') from the nearest dwelling unit and three
hurtdredNfeet (300') from any landmark:.prooerty or district listed by
federal.' state or town agencies.
(4) A wireless communication facility is a permitted use. not
requiring site plan approval, if located on orooerty owned. leased
or otherwise controlled by state. federal or town government.
provided a license or lease authorizing such facility has been
approved by that government.
7. Section 100-163. Special Exception Approval is hereby added
as follows:
A Authority. The Zoning Board of Appeals shall be empowered to
issue a special exception approval for wireless communication
facilities subject to the provisions of this Chapter.
B. Standards. In addition to the standards in Article XXVI
of this code no special exception approval shall be granted unless
the Zoning Board of Appeals specifically finds and determines the
following:
OCTOBER 14, 1997 341
(1) that the applicant is a oublic utility. and
(2) that construction of the proposed facility or modification of the
existing facility is a public necessity in that it is required to meet
current or expected demands of the telecommunications
provider and to rendee adeauate service to the public. and .
(3) that the applicant has made substantial effort to locate or
collocate on-existing towers or failing that that the aoolicant has
made substantial effort to locate on federal. state'or town land and
facilities. and
(4) that the facility conforms with applicable FCC regulations: and
(5) 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
soecial approval for wireless communication facilities:
(1) the heioht of the or000sed tower shall be the minimum
necessary to render adeauate service. and
(2) the wireless communication facilitv has been situated to
minimize its oroxi,,nily and visibility to residential structures:
(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 impacts or
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 adioining 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:
3.42' OCTOBER 14, 1997
(1) Each application shall include a survey clearly indicating:
(a) the location type and'height of the wireless communication
facilities: (b) whether it is located on an existing structure,
collocated or on a telecommunication tower: (c) on-site land uses_
and zoning; (d) adiacent land uses. structures and zoning within
300 feet: (e) distances between all structures: (f) location of
landmark listed by federal. state or town agencies within
300 feet: (q) adiacent roadways and/or private rights of way: (h)
proposed means of access: (i) setbacks from property lines: N)
elevation drawings of the structures: (k) a long environmental
assessment form with visual addendum: (1) 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
analvsis describing the location of other sites considered. the
e
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 cnosen.
(3) The applicant shall document to the satisfaction of Zoning
Board of Appeals that a good faith effort has been made to locate
or collocate on existing towers or other available and appropriate
buildings and structures that it is not feasible to collocate on an
existing facility and that the proposed location is necessary to
provide adequate service to the public The documentation shall
include a notarized statement by the applicant as to whether
construction of the wireless communication facility will
accommodate collocation of additional antennas for future users. y
(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 existina 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 project 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.
OCTOBER 14, 1997 �.4 3
(8) An engineering analysis of the radio emissions and a
propagation map for the or000sed wireless communication facility.
The analysis shall be prepared and signed by a New York State
licensed professional engineer specializing in electrical
engineering with exoertise in radio-communication facilities. The
results from the analysis must clearly show that the power density
levels of the electromagnetic energy generated from the proposed
facility are within the allowable limits established by the FCC which_
are in effect at the time of the application If the wireless
communication facilities would be collocated with an existing
facility the cumulative effects of them must also be analyzed. The
power density analysis shall be based on the assumption that all
antennas mounted on the proposed facility are simultaneously
transmitting radio energy at a power level equal to the maximum
antenna power rating specified by the manufacturer.
(9) A "search ring" prepared signed and sealed by a qualified
radio frequency engineer registered in New York and overlaid on
an appropriate background map demonstrating the area within
which the wireless communication facility needs to be located in .
order to provide proper signal strength and coverage to the target
cell The applicant must be prepared to explain to the Zoning
Board why it selected the proposed site discuss the availability or
lack thereof of a suitable structure within the search ring for
collocation and the extend to which the applicant has explored
locating the proposed tower in a more intensive use district.
Correspondence with other telecommunication providers
concerning collocation is part of this requirement. .
E. Conditions The Zoning Board shall consider the following in
establishing conditions on the issuance of the special exception
approval.
w (n'reviewina special exception approval applications required
bv 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'' facility
is proposed for collocation by more than one service provider. and
lest.permissive when the facility is proposed for use by a single
provide
r.
(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 Zoninq Board concludes that the goals and stated ourposes of
this law are better served. and that doing so will have no
detrimental effect on adjacent properties or on the public health.
safetv and welfare and.thereby:
i Increase the height of the proposed tower to a limit of
fifteen feet over the height allowed by this code.
ii Minimize proximity of the tower to residential structures or
historic landmarks listed by federal state or town
agencies:
iii Modify the plahting of surrounding tree coverage and
foliage to account for existing vegetation and land
contours:
34.4 - OCTOBER 14, 1997
iv. Modify the design of the tower, with particular reference
to desian characteristics that reduce or eliminate visual
obtrusiveness;
(3) At the request of the building insoectors. which shall be no
more freauently than annually, the provider shall have each
wireless communication facility inspected at its own expense. and
a copy of the inspection report shall be promptly transmitted to the
building inspector. Radio emission inspections shall be performed
by a New York State licensed professional engineer specializing in
electrical engineering with expertise in radio communication
facilities. The radio emission inspection shall describe the power
density levels of the electromagnetic energy generated from the
facility. including the cumulative effects of collocated antennas. In
the event that'the radio emission inspection indicates that the
electromagnetic energy generated from the facility are above the
allowable limits stated within the applicable FCC or ANSI_
standards or other applicable state or federal guidelines in effect,
the applicant shall-cease all use of the facility until such time as it
proves to the satisfaction of the building inspector that the power
density levels of the electromagnetic energy to be generated are
below the applicable standards.
(4) Anv special exception approval granted under this Article shall
have a term of five vears. commencing from the grant of the special
exception. which may be extended for an additional five year term
upon apolication'to the Zoning Board. On a renewal application.
the applicant shall demonstrate that the wireless communication
facility is in compliance with all applicable laws. rules and
reaulations and with all of the conditions of the special exception
approval and site plan. that the facility is necessary to provide
adequate service, and that there is no reasonable alternative
available to the owner which will provide adequate service without
the continuing use of the facility. Subsequent special exception
renewals shall be subiect to review by the Zoning Board and
subiect to such standards that shall be included in the Town Code
at that point in time.
k Section 100-164. Historic Buildings and Districts is hereby
added as follows: ,
A. Any wireless communication facility located on
or within an historic.structure listed by federal, state or town
agencies shall not alter the character-defining features. distinctive
construction methods, or original materials of the building.
B. Anv alteration made to an historic structure to
accommodate a wireless communication facility
shall be fully reversible.
C. Wireless communication facilities within an historic district
listed by federal, state or town agencies shall be concealed within
or behind existing architectural features. so that they are not
visible.
OCTOBER 14, 1997 34
9. Section 100-165. Design Standards is hereby added as follows:
The following design standards shall apply to wireless
communication facilities installed or constructed oursuant to the
terms of this chapter.
A Camouflage on Buildinds When a wireless communication
facility extends above the roof height of a building on whleh it is
mounted very effort shall be made to conceal the facility within or
behind existing architectural features to limit its visibility from public
ways but still oermits the facility to perform its designated function.
Facilities mounted on a roof shall be stepped back from the front
facade in order to limit their impact on the building's silhouette. The
wireless communication facilities shall blend in with the existing
building's architecture and if over five (5) square feet. shall be
painted or shielded with material which is consistent with the
design features and materials of the building.
B. The minimum tot 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 nonconforming in size to the requirements 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 perzone
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 collocation the facility may be uo
to 1000 square feet The equipment facility shall be constructed
with a finish similar to that of adiacent structures on the property
and integrated into the architectural style. 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 adiacent off-street oarking spaces
shall be provided for service vehicles. Any regrading for
stormwater retention that is required by the Town Engineer all be
accommodated on-site.
4 6 OCTOBER 14, 1997
G. Site Lightina. As independent freestandinq facilities on separate
sites will not be accessible to the public.'the lightina permitted shall
be the minimum required to protect the public welfare. Facilities
sited on existina develooed 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. Electric Line Setback. 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 carrying more than two hundred
twentv (220) volts.
K. 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.
10. Section 100-166. Appearance is hereby added as follows:
A. Scenic Landscapes and Vistas. All telecommunication towers
which are not camouflaged by existing buildings or structures shall a
be surrounded by a buffer of dense tree growth. A wireless
communication facility that is located within 300 feet of a scenic
vista. scenic landscape or scenic road. as desianated by the town,
shall not exceed the height of vegetation at the proposed location_.
If,-(H6 facility is located farther than 300 feet from the scenic vista,
scenic landscape or scenic road, the height regulations described
elsewhere in this article shall apply.
B. 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.
C. 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
oossible. unless otherwise reauired 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.
f4# w s
OCTOBER .14, 1997 :7.
D. Camouflage by Vegetation for 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 mixed deciduous and evergreen trees
shall be preserved and/or planted at 50% of the distance between
the tower and the orooerty 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 reauired to ensure that the plantings survive and are
maintained.
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ur
-71
}U S�\�%�I •`=�vr 1�....✓' '� '•!~ �_-fir�,f,`./�''±1�� „ ,
i C:�OlR� I �7.�• . �. 1� ! J 1��•. � j 1 .
i
E..-Alternate Screening. The location of a cellular wireless
communication facility on an existing 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. C and
D 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, C and D 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.
F. Commercial and Industrial Siting. Towers to be sited on
developed commercial or industrial properties shall be located to
the rear of other orincipal buildings and shall not encroach on
planting buffers, parking areas or otherwise impair the operation of
Previously aooroved systems such as stormwater drainage basins.
Existing buildings and structures should be used in the siting of
freestanding towers to contribute to the visual screeningo f the
tower.
5- OCTOBER 14, 1997
G. Commercial Towers to be sited on undeveloped properties in
the commercial districts shall apply the standards of the condition
In .4100-165(C) herein to all property lines Including the streetline,
except that a driveway shall be permitted to gain access to the
facilitv for maintenance personnel and equipment.
H. Airport Regulations All towers shall comply with applicable
Airport Hazard Regulations and shall be subiect to approval from
the Federal Aviation Administration for location,' height and lighting
to prevent interference with the operation of an airport or otherwise .
threaten the oublic safetv.
11. Section 100-167. Removal is hereby added as follows:
A Any Wireless communication facility that is not operated for a
continuous period of twelve (12) months shall be deemed
abandoned. At that time the owner of the wireless communication
facility shall remove same within ninety days of such deemed
abandonment. In the case of a wireless communication facilitv on
preexisting structures. this provision shall apolv to the wireless
facility shall remove same within ninety days of such deemed
abandonment. In the case of a wireless communication facility on
preexisting structures this provision shall apply to the wireless
communication facility only. If the wireless communication
facility is not removed with the said ninety (90) days the building
inspectors may, with the approval of the Town Board give-the
owner notice that unless the removal is accomplished in thirty (30)
days the town will cause the removal at the owner's expense. The
grant of a special exception approval under this Article shall
include irrevocable permission to the town to accomplish removal
of the wireless communication facility under this Article. Any cost to
the town for such removal, shall constitute a lien on the tax lot on
which the tower is situated and shall be collected in the same
manner as a town tax upon real pro ert
12. Section 100-168. Nonconforming Uses is hereby added as
follows: '
Pi*-existinq telecommunication towers shall be allowed to continue
their usage as thev presently exist New construction, other than
maintenance on a pre-existing tower shall comply with the
requirements of this ordinance.
13, Section 100-169..Severability is hereby added as follows:
The various oarts sections and clauses of this local law are hereby
declared to be severable If any. oart sentence. paragraph. section
or clause is adjudged unconstitutional or invalid by a court of
competent iurisdiction the remainder of the ordinance shall not be
affected thereby.
14. 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 B(14) hereof,
are subject to site plan approval by the Planning Board:
OCTOBER 14, 1997
6) Public utility rights-.of-way as well as structures and other
installations necessary to serve areas within the town. exceot that
wireless communication facilities must obtain aooroval oursuant to
Article XVI, subject 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.
15. 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, subject to site
plan approval by the Planning Board:
(4) Public utility structures and uses, except that wireless
communication facilities must obtain approval pursuant to Article
XVI.
16. Section 100-230 (D) Exceptions and modifications, is hereby
amended as follows: ,
D. Height exceptions. The height limitations of this chapter shall
not apply to:
(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
per6318' bent 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
`,.touters, cooling towers, water towers, grain elevators or other
'."structures where a manufacturing process requires greater height
but excluding wireless communication facilities, provided that any
sudh-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 (2o%) of the horizontal area of
the.roof and are set back one (1) foot from the edge of the roof for
each additional fcot 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.
Il. This local law shall take effect upon filing with the Secretary of
State.
" Underline represents additions
Strikethrough represents deletions
_3 0
23.Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
COUNCILMAN MOORE: If this sounds familiar it is because this is the
second time around for this particular ordinance, and we, have changed it in
certain significant ways.
24.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town , Board of the Town of Southold hereby engages
the services of Nelson, Pope -& Voorhis, LLC, at a cost not to exceed
$600.00, to update their environmental review with regard to the proposed
"Local Law in Relation to Wireless Communication Facilities".
24.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend,. Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
25.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts,
with regret, the resignation of John C. Cronin, Jr., P.E., New
Suffolk/Cutchogue hamlet member of the Southold Town Architectural Review
Committee, effective October 17, 1997.
25.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
26.-Moved by Councilwoman Oliva, seconded by Councilman Townsend, it was
RESOLVED that 'the Town Board of the Town of Southold hereby
reappoints Garrett A. Strang to the position of Committee member of the
Architectural Review Committee, effective October 17, 1997 through October
17, 2000, and reappoints the. following hamlet members, effective October 4`
17, 1997 through October 17, 1999:, Herbert Ernst, Southold/Peconic,
Robert Keith, Mattituck/Laurel, all to serve without compensation.
26.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
27.-Moved by Councilwoman Hussie, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for resumes for the
following hamlet members for the Architectural Review Committee: Fishers
Island, Orient/East Marion/Greenport, and New Suffolk/Cutchogue.
27.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
28.-Moved by Councilwoman Oliva, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the •Town .of Southold hereby accepts,
with regret, the resignation of Walter Gaipa, member of the Southold
Town Substance Abuse Committee, effective October 24, 1997.
28.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
29.-Moved by Councilwoman Oliva, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
the following individuals to the Southold Town Substance Abuse Committee,
effective- October 24, 1997 through October 24, 1998: Clement Charnews,
Jr., Chairman, Cynthia Kumelos-Smith, Kathleen McKeighan-Simpson,
Dectective Beth ' Dzenkowski, Rory Simpson, Lynn Carlson, Joseph
Santor, they to serve without compsen'sation.
29.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
OCTOBER 14, 1997 3 5
30.-Moved by Justice Evans, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for resumes for three
(3) members for the Southold Town Substance Abuse Committee.
30.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
131 .-Moved by Councilman Townsend, seconded by Councilman Moore, . it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for resumes for a
Fishers Island Board of Appeals member in The Suffolk Times and the New
London Day, for an individual to fill the unexpired term of Serge Doyen,
Jr. to December 31, 1998 (Mr. Doyen is retiring effective November 1,
1997) .
31 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
32.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby adopts
the following salary scale for the position of Administrative Assistant:
7/1197 .L01
Entry 28,515.64 28,515.64
1 32,286.92 33,686.92
2 33,211.14 34,611.14
3 34,135.35 35,535.35
4 35,059.56 36,1159.56
5 35,983.77 37,383.77
32.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
33.-Moved by Councilwoman Hussie, seconded by Councilman Townsend,
RESOLUTION ADOPTING AN. ORDER AUTHORIZING THE
RECONSTRUCTION OF THE WHARF HOUSE FACILITY AND THE
PUBLIC., RESTROOMS BUILDING AT FOUNDER'S LANDING
PARK, IN THE SOUTHOLD PARK DISTRICT, NEW YORK, AND
THE APPROPRIATION OF $20,000 TO FINANCE A PORTION
OF THE COST THEREOF.
Recitals
WHEREAS.,,• tbe Board of Commissioners of the Southold
Park District .(the•. "Park District") , in the Town of Southold (the
"Town") , in the County of Suffolk, New York, pursuant to the
resolution duly adopted and subscribed by said Board of
Commissioners on August 28 , 1997 , and, together with a petition
in due form, duly submitted to the Town Board of the Town (the
"Town Board") , has requested the 'Town Board to appropriate
$20, 000 .to pay a portion of the cost of reconstructing the Wharf.
House facility and the public restrooms building at the existing
Founder's Landing Park, in the Park District, the estimated
maximum •cost thereof being $80, 000, of which $60, 000 has been
provided from available moneys of the Park District, including
its Capital Reserve Fund, and to finance'-such appropriation by
35 OCTOBER 14, 1997
the issuance of obligations of the Town in the principal amount
of $20,000 pursuant to the Local Finance Law, and that to pay the
principal of and interest on such obligations as the same shall
become due and payable, a sum sufficient therefor shall be levied
and collected from the .•several lots and parcels of land within
the Park District, in the same manner and at the same time as
other Town charges; and further, that the .Town Board call a
special meeting of the Park District for purposes of (i) holding
a public hearing to hear all persons interested in such
reconstruction, appropriation and financing and (ii) voting upon
a proposition therefor; and
WHEREAS, pursuant to the Order of the Town Board dated
September 16, 1997 , a public hearing was duly called and held on
the 30th day of September, 1997 , at 4 : 45 o'clock P.M. (Prevailing
Time) , at the Southold Town Hall, 53095 Main Road, Southold, in
the. Town, at which time all. persons interested were duly heard
concerning such reconstruction, appropr- i.ation and financing; and
WHEREAS, at said meeting of the Town Board and
following such public hearing there was submitted to the
qualified voters of the Park District a proposition (set forth in
said Order) for,..approval or disapproval of such reconstruction,
appropriation and financing and said proposition was duly
approved by a. majority of the qualified voters present and voting
thereon at the:Fbufider's Landing Wharf House, in the Park
District, between'•the hours of 5 : 00 o'clock P.M. (Prevailing
Time) and 8: 00 o�clock P.M. (Prevailing Time) ;
NOW, THEREFORE, BE IT
RESOLVED, that the following order be. and the same is
hereby adopted:
OCTOBER 14, 1997 .�.3
At a regular meeting of the
Town Board of the Town of
Southold, in the County of
Suffolk, New York, at the
Southold Town Hall, 53095 Main
Road, Southold, in said Town,
on the 14th day of October,
1997 .
PRESENT:
Hon. Jean W. Cochran, Supervisor
Alice J. Hussie, Councilperson
Joseph L. Townsend, Jr. , Councilperson
Ruth D. Oliva, Councilperson
Louisa P. Evans, Justice
William D. Moore, Councilperson
-----------------------.------------X
IN THE MATTER
of
ORDER AFTER
The reconstruction of the PUBLIC HEARING
Wharf House facility and the AND ELECTION
public restrooms building at
Founder's Landing Park, in the
Southold Park District. :
-----------------------------------X
WHEREAS, the Board of Commissioners of the Southold ,.
Park District (the "Park District") of the Town of Southold (the
"Town") , Suffolk County, New York, pursuant to the resolution
duly adopted and•.subscribed by said Board of Park Commissioners
on August 28, 1997, and, together with a petition in due form,
duly submitted. -to the Town Board of the Town (the "Town Board") ,
has requested the Town Board to appropriate $20, 000 to pay a
portion of the* cost'o'f reconstructing the Wharf House facility
and the public' restrooms building at the. existing Founder's
Landing Park, in the Park District, the estimated maximum cost
thereof being $80, 000, of which $60, 000 has been provided from
available moneys of the Park District, including its' Capital
Reserve Fund, and to finance such appropriation by the issuance
of obligations of the Town in the principal amount of $20, 000,
pursuant-to the Local Finance Law, and that to pay the principal
of and interest on such obligations as the same shall become due
and payable, a sum sufficient therefor shall be levied and
collected from the several lots and parcels of land within the
Park District, in the same manner and at the same time as other
Town charges; and further, that the Town Board call a special
OCTOSF_R 14, 1997
meeting of the Park District for the purposes of ( i) holding a
public hearing to hear all persons interested in such
reconstruction, appropriation and financing and -( ii) voting upon
a proposition therefor;
WHEREAS, pursuant to the Order of the Town Board dated
September 16, 1997, a public hearing was duly called and held on
the 30th day of September, 1997 , at 4 : 45 o'clock P.M. (Prevailing
Time) , at the SoUthold, Town Hall, 53095 Main Road, Southold, in
the Town, at which time all persons interested were duly heard
concerning such reconstruction, appropriation and financing; and
WHEREAS, at said meeting of the Town Board and
following such public hearing there was submitted to the
qualified voters of the Park District a proposition (set forth
in said Order) for approval or disapproval of such
reconstruction, appropriation and financing and said .proposition.
was duly approved by a majority of the qualified voters present
and voting thereon at the Founder's Landing Wharf House, in the
Park District, between the hours of 5 : 00 o'clock P.M. (Prevailing
Time) and 8: 00 o'clock P.M. (Prevailing Time) ;
NOW, THEREFORE, IT IS HEREBY
DETERMINED, that it is in the public interest to
reconstruct the Wharf House facility and the public restrooms
building at the existing Founder's Landing Park, and to
appropriate said amount of $20, 000 to pay a portion of the cost
thereof, as hereinabove. described and referred to; and
IT IS HEREBY
ORDERED, that the cost of such reconstruction
heretofore authorized, which authorization is hereby ratified,
confirmed and approved, shall not exceed $80, 000, the amount
stated in the notice of public hearing as the . estimated maximum
cost thereof, of which $60, 000 has been provided from available
moneys of the Park District as hereinabove described; and
IT IS HEREBY
OCTOBER 14, 1997
FURTHER ORDERED, that the expense of said
reconstruction in the Park District, shall be assessed, levied
and collected from the several lots and/or parcels of land within
said Park District, in the same manner and at the same time as
other Town charges; and
IT IS HEREBY
FURTHER ORDERED, that all further proceedings with
respect to said reconstruction other than the financing of such
appropriation shall be conducted by said Board of Commissioners
and the power to so conduct such proceedings is hereby delegated
to said Board; and
IT IS HEREBY
FURTHER ORDERED, that the Town Clerk record a certified
copy of this resolution and order after public hearing in the
office ' of the Clerk of the County of Suffolk within ten (10) days
after adoption thereof pursuant to Section 195 of the Town Law.
DATED: October 14 , 1997
Southold, New York
Jean W. Cochran
Jean W. Cochran, Supervisor
Alice J . Hussie
Alice J. Hussie, Councilperson
Jose h_L_. Townsend
Joseph L. Townsend, Jr. , Councilperson
Ruth D. Oliva
Ruth D. Olivia, Councilperson
Louisa P. Evans
Louisa P. Evans, Justice
William D. Moore
Wil.l..iam I). Moore, Councilperson
Members of the Town Board
of the Town of Southold
3-56 OCTOBER 14, 1997
33.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
34.-Moved by Councilwoman Huss'ie, seconded by Councilwoman Oliva,
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK
ADOPTED OCTOBER _14, 1997, APPROPRIATING $20,000 TO
FINANCE. THAT PORTION OF THE COST OF RECONSTRUCTING
THE WHARF HOUSE FACILITY AND THE PUBLIC RESTROOMS
BUILDING AT FOUNDER'S LANDING PARK, IN :THE SOUTHOLD
PARK DISTRICT, NOT PROVIDED FROM AVAILABLE MONEYS
OF SAID PARK DISTRICT IN THE AMOUNT OF $60,000,
STATING THE ESTIMATED MAXIMUM COST THEREOF IS
$80,000, AND AUTHORIZING THE ISSUANCE OF $20,000
SERIAL BONDS OF SAID TOWN TO FINANCE SAID
APPROPRIATION.
Recitals
WHEREAS, the Board of Commissioners of the
Southold Park District (hereinafter sometimes called the "Park
District") , in the Town of Southold (hereinafter sometimes called
the "Town") , in the County of Suffolk, New York, pursuant to the
resolution duly adopted and subscribed by"said' Board of
Commissioners on August 28 , 1997 , and, togetherlwith a petition
in due form, duly submitted to the 'Town Board of the Town
(hereinafter sometimes called the "Town Board") , has requested
the Town Board to appropriate $20, 000 to finance that portion of
the estimated maximum cost of $80, 000 not provided by available
moneys of the Park District, including its Capital Reserve Fund,
in the amount 6f4- $60, 000, for the reconstruction of the Wharf
House facility• and 'the public restrooms building at the existing
Founder's Landing Park, in the Park District, the Park District
having heretofore expended therefor $60, 000 from such available
moneys, and to finance such appropriation by ,the issuance of
obligations of the Town in the principal amount' of $20, 000
pursuant to the Local Finance Law and that to pay the principal
of and interest on such obligations as the same shall become due
and payable, a sum sufficient therefor sha.11` be . levied and
collected from the several lots and parcels. of land within the
Park District, in the same manner and at the same time as other
Town charges; and further, that the Town Board call a special
meeting of the Park District for the purposes of (i) holding a
public hearing to hear all persons interested in such
construction, appropriation and financing and (ii) voting upon a
Proposition therefor; and
OCTOBER 14, 1997 357
WHEREAS, pursuant to the '-Order of the Town Board dated
September 16, 1997, a public hearing was duly called and held on
the 30th day of September, 1997 , at 4 : 45 o'clock P.M. (Prevailing
Time) , at the Southold Town Hall, 53095 Main Road, Southold, in
.the Town, at which time all persons interested were duly heard
concerning such construction, appropriation and financing; and
WHEREAS, following such public hearing there was
submitted to the qualified voters of the Park District a
proposition for approval or disapproval of such reconstruction,
appropriation and financing and said proposition was duly
approved by a majority of the qualified voters present and voting
thereon; and
WHEREAS, pursuant to the Order After Public Dearing ,and
Election adopted on October 14 , 1997 , the Town Board determined
that it is. in the public interest to reconstruct the Wharf House
facility and the public restrooms building at the existing
Founder's Landing Park, in the Park District, and approved the
A
reconstruction as hereinabove described and referred to; and the
appropriation of $20, 000, to be financed by the issuance of
obligations of the Town, to pay that part of the $80, 000
estimated maximum cost of such reconstruction not provided from
available moneys of the Park District as hereinabove referred to,
r'
the said amount of $80, 000 having been stated in the Order
Calling Public- Hearing as the estimated maximum cost thereof; and
that the expense of said reconstruction in the Park District,
shall be assessed, levied and collected from the several lots
and/or parcels of land within said Park District in the same
manner and at the same time as other Town charges;
Now, therefore be it
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN
THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not
less than two-thirds of all the members of said Town Board) , . AS
FOLLOWS:
OCTOBER 14, 1997
I
section 1. The Town of Southold hereby appropriates
the amount of $20, 000 to pay that portion of the estimated
maximum cost of $80, 000 not provided from available moneys of the
Park District, as referred to in the Recitals hereof, for the
reconstruction of the Wharf House facility. and the public
restrooms building at, Founder's Landing Park in the Park
District, including purchase of the original furnishings,
equipment, machinery and apparatus required in connection with
the purposes for which said Wharf House facility and building, as
son reconstructed, are to be used. The estimated maximum cost of
said specific object or purpose, including preliminary costs and
costs incidental thereto and the financing thereof, is $80, 000
and the plan of financing includes the expenditure of available
moneys of the Park District in the amount- of $60, 000 as
hereinabove. referred to, the issuance of $20, 000 serial bonds of
the Town to finance the balance of said appropriation, and the
assessment, levy and collection from. the several lots and/or
parcels of land within said Park District, in the same manner and
at the same time as other Town charges, to pay''the principal of
said bonds and the interest thereon as the same shall become due
and payable.
Section 2 . Serial bonds of the Town in the principal
t
amount of $20, 000,, are hereby authorized to be issued pursuant to
the provisions•.'of the Local Finance Law, constituting Chapter
33-a of the Consolidated Laws of the State of New York (herein
called "Law") , to finance said appropriation.
Section 3 . The following additional matters are hereby
determined and declared:
(a) The said Wharf House facility and public restrooms
building are of Class "B" construction as defined by Section
11. 00 a. 11. (b) of the Law, and the period of probable usefulness
OCTOBER 14, .1997 359
of specific object or purpose for which said $20, 000 serial bonds
authorized pursuant to this resolution are to be issued, within
the limitations of Section 11. 00 a. 12 (a) (2) of the Law, is
fifteen (15) years.
(b) The proceeds of the bonds herein authorized and
any bond anticipation notes issued in anticipation of said bonds
may be applied to reimburse the Town for expenditures made after
•the effective date of this resolution for the purpose for which
said bonds are authorized. The foregoing statement of intent
with respect to reimbursement is made in conformity with Treasury
Regulation Section 1. 150-2 of the United States Treasury
Department.
(c) The proposed maturity of the bonds authorized by
this resolution will exceed five (5) years.
Section 4 . Each of the bonds authorized by this
resolution and any bond anticipation notes issued in anticipation
of the sale of said bonds shall contain the recital of validity .
as prescribed by Section 52 . 00 of the Law and said bonds and any
notes issued in anticipation of said bonds shall be general
obligations of the Town, payable as to both principal and
interest by general tax upon all the taxable real property within
the Town withdut limitation of rate or amount. The faith and
credit of the -Towtt :are hereby irrevocably pledged to the punctual
payment of the' priri�ipal of and interest on said bonds and any
notes issued in anticipation of the sale of said bonds and
provision shall be made annually in the budget of the Town by
appropriation for (a) the amortization and redemption of the
bonds and any notes in anticipation thereof to mature in such
year and (b) the payment of interest to be due and payable in
such year.
Section 5. Subject to the provisions of this
resolution and of the Law and pursuant to the provisions of
Section 21. 00 relative to the authorization of the issuance of
bonds with substantially level or declining annual debt service,
Section 30. 00 relative to the authorization of the issuance of
360 OCTOBER 14, 1997
bond anticipation notes and of Section 50 . 00 and Sections 56 . 00
to 60. 00 of the Law, the powers ,and duties of the Town Board
relative to authorizing bond anticipation notes and prescribing
the terms, form and contents and as to the sale and issuance of
the bonds herein authorized, and any bonds ' heretofore -or
hereafter authorized, and of any bond anticipation notes issued
in anticipation of said bonds, and the renewals of said bond
anticipation notes, are hereby delegated to the Supervisor, the
chief fiscal officer of the Town.
Section 6. The validity of the bonds authorized by
this resolution and of any notes issued in anticipation of the
sale of said bonds may be contested only if :
(a) such obligations are authorized for an object or
purpose for which the Town -is not authorized to expend
money, or
(b) the provisions of law which should be complied
with at the date of the publication of such resolution are
not substantially complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication,
or
(c) such obligations are authorized in violation of
the provisions of the constitution.
Secti6n •7 . This bond resolution shall take effect
immediately, and the Town Clerk is hereby authorized and directed
to publish the foregoing resolution, in full, together with a
Notice attached- in -.substantially the form prescribed by Section
81. 00 of the Law in the I' TRAVELER-WATCHMAN, " a newspaper
published in Southold, New York, having a general circulation in
the Town and hereby designated the official - newspaper of said
Town for such publication.
311.-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 couple of minutes before we have our
hearing, which is scheduled at 8:00 o'clock. The ; 8:00 o'clock Is on a
"Local Law in Relation to Peconic Bay Boulevard", and the next hearing at
8:02 is on the question of acquisition by the Town of Southold for
development rights in agricultural lands. We have one or two minutes.
OCTOBER' 14, 1997 .36.1
COUNCILWOMAN HUSSIE: I will take one minute. We did Resolution 27,
which was asking the Town Clerk to advertise for resumes for hamlet
members for the Architectural Review • Board, and I just wanted to let those
people, who might be interested in this, know that this is a Board that
meets on call, so to speak, when there are commercial structures being
proposed for the various hamlets that particular section of the
Architectural Review Board comes into play, so that if something is going
on in New Suffolk/Cutchogue the member of the Architectural Review Board
from New Suffolk/Cutchogue would be there, and have his or her input into
the situation. That's it.
SUPERVISOR COCHRAN: You can have another minute if you would like.
COUNCILWOMAN HUSSIE: It's a nice way for people to get involved, and
still not commit their entire life.
SUPERVISOR COCHRAN: Does anyone else want another minute?
RICHARD RYAN: Can I have a minute to post an aerial photograph?
SUPERVISOR COCHRAN: Yes, would you, please. Dick is Chairman of our
Land Preservation Committee. He has been there a short time, but he is an
organized well personnel, in relation he is very productive, so it is our
gain that we have him serving on a Town committee. Is there anyone here
from Cornell Extension as yet? (No r•esponse. ) It's best to wait until the
time that it is scheduled in case anyone is coming in just for the hearing.
We can be a little late, but I don't like to be early.
COUNCILMAN TOWNSEND: One of the more significant resolutions on the
agenda was that grant application, that the Land Preservation was putting
forth, and maybe you would like to take a second to talk about that.
RICHARD RYAN: We have a number of farmland owners, who have offered
the development rights to their property, and we have a limited amount of
funds available through our past fund resolution, and we are anticipating,
favorably I hope, additional supplemental funds from the Board referendum
that is on the ballot in November, so our committee has put together a
proposal that would have an estimated cost of a little over $2,000,0000
worth of development rights to be purchased in this coming year, and the
State Agricultural and Market has requested proposals from municipalities
that have development rights programs suggesting that if the municipalities'
applications are made in a timely fashion, and contain all the information
that they are seeking, that were eligible for 75% matched to our funds, so
we have the opportunity to increase our money in this program to the tune
of $8,000,000 theoretically. So, that is what this application is for.
COUNCILWOMAN HUSSIE: How possible is that, Dick?
RICHARD RYAN: We all know New York State, and I have no idea when
they might let lose of the purse strings, and for how much. We are hoping
for something in millions. I doubt if it would be eight, but anything will
be helpful.
COUNCILMAN TOWNSEND: Last Year we got a. grant on very quick notice
from the Federal government for, I think, was $160,000, and that was a
very short process, and we were very excited. It helped us a lot.
SUPERVISOR COCHRAN: According the State they want to spend this
money quickly, so they want to get it out, you know, on all these bond
acts that we are trying to match funds with. I hear the church bells
signifying eight o'clock, so we will recess for a hearing, a "Local law in
Relation to Peconic Bay Boulevard".
Moved by Councilwoman Hussie, 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.
362 - OCTOl3ER 14_, 1997
Meeting reconvened at 8:10 P.M.
SUPERVISOR COCHRAN: We will continue with resolutions.
35.- Moved by Councilman Townsend, seconded by Justice Evans,
WHEREAS, there was presented to , the Town Board of the Town of
Southold, on the 30th day of September, 1997, a Local Law entitled, "A
Local Law in Relation to Peconic Bay Boulevard; and
WHEREAS, a. public hearing was held on this Local Law on the 14th
day of October, 1997, at which time all interested persons were given an
opportunity to be heard thereon; now, therefore, be it
RESOLVED that the Town Board hereby enacts Local Law No. 25 - 1997,
which reads as follows:
LOCAL LAW NO. 25 - 1997
A Local Law in Relation to Peconic Bay Boulevard
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I . Chapter 92 (Vehicles E Traffic) of the Code of the Town of Southold is
hereby amended as follows:
1 . Article III, Section 92-30 (Stop intersections with stop signs) is
hereby amended by adding thereto the following:
Direction At Inter- Location
Stop Sign on of Travel section With (hamlet)
Peconic Bay West Laurel Lane Laurel
Boulevard
II . This Local Law shall take effect upon its filing with the Secretary of
State.
* Underline indicates additions.
35.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
36.- Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law, State Environmental Quality Review Act, and 6NYCRR Part 617.10,
and Chapter 44 of the Code of the Town of Southold, notice is hereby
given that the Southold Town Board, in conducting an uncoordinated review
of this unlisted action, has determined that there will be no significant
effect on the environment.
DESCRIPTION OF ACTION: Acquisition of the development rights in the
agricultural lands of Pugliese Vineyards, LLC, Bridge Lane Cutchogue,
Tax Map #1000-097-01-016, comprising 15 acres, at $9,000.00 per acre. The
proposal has been determined not, to have a significant effect on the
environment because an Environmental Assessment Form has been submitted
and reviewed and the Town Board has concluded that no significant adverse
effect to the environment is. likely to occur should the proposal be
implemented as planned.
36.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
37.- Moved by Councilman Moore, seconded by Councilwoman Oliva,
WHEREAS, the Town Board of the Town of Southold wishes to purchase
the development rights of the agricultural lands of Pugliese Vineyards,
LLC; and
WHEREAS, the Town Board held a public hearing with respect to said
acquisition on the 14th day October, 1997, pursuant to the provisions of
the Southold Town Code; and
WHEREAS, the Town Board deems it in the public interest that the Town
of Southold acquire the development right in the agricultural lands set
forth in . the proposed acquisition between the Town and Pugliese
Vineyards, LLC; now, therefore, be it
RESOLVED that the Town Board hereby elects to purchase the
development lights in the aforesaid agricultural lands owned by Pugliese
Vineyards, LLC, comprising 13 acres, at a sale price of $9,000.00 per
acre; said property located at Bridge Lane, Cutchogue, Tax Map
#1000-097-01-016; and be it
FURTHER RESOLVED that the Town Clerk be and she hereby is
authorized and directed - to give notice of such acceptance to Pugliese
Vineyards, LLC; and be it
OCTOBER 14, 1997 3-63
FURTHER RESOLVED that the Supervisor be and hereby is authorized
and directed to execute any and all required documents for the acquisition
of the said development rights.
37.-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: That is the _end of our planned resolutions. I
would like to take the time to read the proclamation for Cornell Cooperative
Extension.
Moved by Supervisor Cochran, seconded' by The Entire Town Board,
WHEREAS, CORNELL COOPERATIVE EXTENSION OF SUFFOLK COUNTY
enable people to improve their lives and communities through partnerships
that put experience and research knowledge to work; is a viable
partnership between federal, state and county governments, educational
outreach of Land Grant University information and research, youth
volunteers, and staff and
WHEREAS, nearly five , hundred Extension Educators partner with
sixty-two thousand volunteers to assist six million individuals and business
people in New York State and dedicate over 47,000 hours of service to
assist almost 1 .5 million people in Suffolk County every year; and
WHEREAS, CORNELL COOPERATIVE EXTENSION through the 4-H Youth
Development Program invests__ in the state's future by developing valuable
like skills in communications, decision making, leadership and citizenship
among today's young people; and 4-H has served one of every six
Americans since it's creation as part of the Land Grant University System
in 1914 and today continues to provide. meaning full youth development
experiences for thousands of youth of Suffolk County; and
WHEREAS, CORNELL COOPERATIVE EXTENSION OF SUFFOLK COUNTY is
"Enhancing and Protecting the Environment" through educational programs
focused on conserving and managing the state's water, air and land, and .
enabling residents, businesses and agencies to make informed decisions in v,
utilizing and managing New York State's,environmental resources; and
WHEREAS, CORNELL COOPERATIVE EXTENSION will continue to serve
as an educational resource as individuals, community groups and local
leaders become more aware of and act to protect New York's natural
resources; essential to the state's health and economic well being, now,
therefore, be it.
RESOLVED that the Town Board of the Town of Southold hereby
designates the week of October 5 through 11, 1997 as CORNELL
COOPERATIVE EXTENSION WEEK .and NATIONAL 4-H WEEK in Suffolk
County and wishes them continued success.
Dated: October 14, 1997.
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: At this time we have finished our scheduled
business on the agenda, and this is an opportunity for you to address the
Town Board on Town business, and share with us whatever you _would like
to share. Is there anyone that would like to address the Town Board?
ANNE LOWRY: Good evening, ladies and gentlemen. My name is Anne
Lowry, North Fork Environmental Council. I would like to speak about
your proposal for planning as outlined - in this paper. 1 can find none of
the things that you say, that there is not a controversial word in it. We
would all like to have Southold remain pretty much the way it is, protected
from future development, save it for our grandchildren, and so forth, and
so forth. It's what we heard a lot about before, and we all agree. What
am dismayed about are the omissions, and the lack of. urgency in this
document. The omission are, of course, the total lack of reference even to
the enormous amount of work done by the Stewardship Task Force during
the years 1992 and 1994. The recommendations that came out of that
amounted to an update of the 1985 Master Plan papers. The ground
covered, including hours and hours of discussion among the Town appointed
Task Force members, hours and hours of committee work apart from the
Task Force members' meetings themselves, meeting with all sorts of
representatives of various aspects of the total community. Hours of
OCTOBER 14, 1997
preparation of a survey to all town residents, which solicited significant
results, and hours of preparation for a day long meeting of residents of
Southold, hamlet by hamlet, and all topped off by a general meeting in
which all residents of Southold has every opportunity to speak their minds,
and have input in the study process. Not even a reference to all that
work. What can the Task Force members think of that omission? What does
that say about the value of their devoted work? How did the people of
Southold feel, who kindly gave of their time, and their effort, and their
expertise, in order to help provide a plan for their town. All those
business people, marina owners, farmers, fishermen, retirees, second home
owners, educators, all those citizens who gave their time, ideas, opinions,
because they wanted to be part of what happened in their place where they
live, and which they care about. All for nothing? How can they feel the
government really gives a darn about what they think? It obviously does
not. Because you did not refer at all to the effort, you did not of course
mention what it cost. NFEC was instrumental in acquiring a grant from
the Kaplan Fund at that time in the amount of $25,000, which was the
total amount set aside for the use for the Task Force for those two years of
work. Half of the Town Planners' time and salary was devoted to the work
of the Task Force, too, but all of that was far less than $150,000, was half
of $150,000. Why are the taxpayers paying for work that has already been
done? Or why could we not use the recommendations as a base, and update
them, and add to them, or subtract from them what is necessary? But the
whole process again? $150,000? Why could we not add to the staff of the
Planning Department which is woefully overworked? That would not cost
anywhere near $150,000. Finally the urgency, can we afford to wait another
year, or two, while another study is _being done? How much more farmland
will be lost? How much more development will occur? How many more
vistas will we lose? How much more crowded will our roads become? What
are we waiting for? We know what we want. We know what needs to be
done. Let's do it, and turn away from temptation to avoid the hard work of
exerting political will and leadership by doing more studies. Thank you.
SUPERVISOR COCHRAN: Thank you, Anne. Is there anyone else that
would like to address the Town Board?
HOWARD MEINKE: My name is Howard Meinke. I am also from the North
Fork Environmental Council. Anne made a very good presentation on what
our position is. I just have a few things to say, 'that underscore certain
areas of that. We of North Fork Environmental are certainly on record as
supporters of Town planning, and more specifically supporters of an
adoption of a Town Master Plan. We came before this group three times
suggesting that the Southold Town Stewardship Task Force report ' be
voted the Town Master Plan. This effort resulted in the supply of copies of
the plan to the Town Board members, but beyond nothing ever happened.
It never came up. Now, we would like to know why. Maybe there are good
reasons, but we don't know, but we are more than willing to be educated.
A voted on and accepted Master Plan we feel is very necessary in that it
sets a direction for the town and establishes a philosophy that every action
that the town takes can be measured against. It improves the likelihood that
all the various boards, committees, and agencies will act in the support and
furthering of the plan, the attempt of the plan. Now, a new Master Plan
update is suggested at a cost of $150,000. If this new initiative is needed
we certainly should do it. We would be in favor of it, but we think first
we should do as has been neglected, bring the existing Task Force report
out and debate it. What we hear is, sure, there are some good things in
the report, and we are acting on them, but there are some things we don't
like. We ask, what are those things? It would serve the town well to have
this debate now rather than later. If the untouchable questions, those
things we don't like, relate to how to plan Southold's future growth in
order to limit the destructive effect of the unexploded bomb, the two acre
zoning. Let's discuss those question now, not later. For example,
avoiding a discussion of transfer of development rights, just one item that
might be in the back of your minds, until it is too late to matter, is not
fruitful, and it is not planning. Planning is not simply the warm fuzzy
exercise of being in charge, and giving voice to platitudes. It is the
business of recognizing the problem, stating the desired result, developing
a strategy, explaining choices, often difficult ones, and talking through
the details, and ultimately taking action wisely. We need to do this now,
not later. The example of all the master planning, that has been done, but
not voted into law, 1985, 1989, 1994, seems to indicate that we have a
OCTOBER 14, 1997 3.65
history of mistaking statements of lofty goals with action. We should
change that. We feel that the town should use the work, that was done by
it's dedicated citizens, and get on with the job, and, again, . as a
byproduct of excepting the existing planning effort, and modifying and
improving it, we could spend some of the proposed $150,000 to beef up the
.Planning Department. We could then start implementing the difficult and
controversial recommendations, and think about this, we could then. turn
plans into action. Thank you.
SUPERVISOR COCHRAN: Is there anyone else that would like to address
the Town Board? Mr'. Carlin?
FRANK CARLIN: Frank Carlin from . Laurel. I wasn't going to say
anything tonight. I was going to come up, and say, I change my mind, no
comments, but things developed. The Stewardship Committee, several years
back they made up a survey, and they sent it out. I think there were
fifty-four questions on it. They sent out 6,000 issues. 1 never got one.
They got back 800 of them. I don't why it was only 6,000, when we have
21,000 in the town. Anyway, when you figure that ratio out, and then they
made up a questionnaire, and answer with questions on there. Do you want
a fast food restaurant? Only 15% said, yes. Restriction on neon signs,
street lighting, and I can go on with the rest of the 47 or whatever they
were. I don't need a committee to tell me what I should do, or how I
should live. If you are running for office you should know what the town
needs. You are out there campaigning all of you, saying we got to do
this, we got to make this change, we got to change this, you got to go this
way. You should all know what the town needs. You don't need this
committee to tell you which direction to go. As far as I am concerned,
eliminate it, because when you figure out:=the response they got, ratio, this
is about one out of every twenty-five responded to the questionnaire, when
you have 20,000, 21,000 people, you only get back 800. Wondering why it
was only sent out to chosen areas. I never got one. It doesn't make any
difference I wouldn't have answered the thing anyway. But, anyway that's
my, opinion of the Task Force Committee. I will be right frank, and tell
you right to your faces. I would have gotten rid of it, because it caused a
problems in the town. It is going to cause problems in the future.
Lighting, signing, fast food restaurants, ideas, all that, neon signs,
lighting, street lighting, only want it where we need it. I could go on all
night, but I want to go home and watch the ballgame. But, anyway, I
wasn't going to say anything tonight, but did force my hand. Don't need
it in my opinion. I don't need people tell me what I got to do. Like I
said, you run for office, you should know what the townspeople need. You
have all that knowledge. You up there in these newspapers having these
debates, and everything, and saying we are going to do this, no, we going
to do this, I don't like the way you done this, but I want to do. it this
way. You should know all that. You don't need a Stewardship Committee to
tell you how to run the business. Thank you.
SUPERVISOR COCHRAN: Thank you, Mr. Carlin. Is there anyone else
would like to address the Town Board? The only thing I would like to say
at this time is that if the Board so wishes it certainly can be put on the
agenda for discussion at any time. Is there anyone else like to address the
Town Board?
JAY GARGANI : Jay Gargani, Southold. First of all, I would like to
press 'my remarks by saying that what I have to say is not an estrangement
from the united way of the Board regarding development rights.
Symbolically I would just like to ask, how do the grapes grow from
Pugliese Vineyards all the way to the Town Hall. What I mean by that is,
how does one particular farm be differentiated from another? I would like
to know if 'there are chronological list for these properties? I would like
to know what the criteria is for priorities on this list? I would like to
know further are there any safeguards built in against speculation? I would
like the answers in narrative form if possible.
SUPERVISOR COCHRAN: Mr. Ryan, if you could capsule 'it as best you
can. That was some heavy questions there.
366 OCTOBER 14, 1997
RICHARD RYAN: The best thing I could offer, sir, is to correspond with
you, provide you with the information specifically to those questions. In
general terms the parcels that we ultimately recommend to the Town Board
have been offered to our committee by the farmland owners, and we do
have criteria by which we evaluate the farmland parcel that has been
offered to us.
JUSTICE EVANS: Dick, do you want your memo on that?
COUNCILMAN TOWNSEND: We have your criteria.
RICHARD RYAN: Thank you. This will be some of the information that I
can provide you, sir. Recently the committee has drafted together and
provided to the Town Board, as - a matter of fact, a copy of what is
entitled, factors to be considered in land parcel selection, and under the
Farmland Development Rights Program, Farmland Preservation, we have a
very few selection factors, one the property has to be currently involved in
agriculture production. It has to be agriculture in some form. The soil
quality has to be conducive to agricultural production. We are looking to
preserve the best of the farmland. The current anticipated future
practices, land intensive, we want to know what kind of projected
agriculture will occur on this property. Is it going to all greenhouses? Is
it all going to be potatoes? Is it all going to grapes? Those are the
things that we would like to know, so we can work that into our evaluation
of these farmland parcels. Each property ideally has to be ten acres in
size, so that is looked upon as being a viable unit in itself for
agricultural production. Briefly those are the criteria that we focus on.
JAY CARCANI : Can I just ask you one question in regard to the
property that you mentioned earlier on?. Unless I am hearing it incorrectly,
it almost sounded like it was a transfer on a transfer, a compounded
situation. It almost appeared to me that someone acquired a piece of land,
had a little bit more on their plate than they really needed, and then
suddenly decided maybe dispose of it. I was wondering if that is one of ,
the clauses. of the document. What are the factors in this case?
RICHARD RYAN: I can't speak for Pugliese family, but the point of fact
that they do have an established vineyard operation in this location.
COUNCILWOMAN HUSSIE: They are 'not the only ones. We have a number
of other vineyards. It's just the development rights.
TOWN CLERK TERRY: They still keep the property.
RICHARD RYAN: This particular application, Pugliese, there is already a
history of Pugliese selling the town development rights on other parcels
that are in close proximity to this one we are discussing tonight. There are
other parcels within close proximity, the development rights are owned
either by the Town or the County. I can't presume to know why
Pugliese was offering this other than from his own business point, he
thought it was good business to do this. He is dedicated apparently to this
agricultural business.
JUSTICE EVANS: The people make application .to the Town. At this point,
the Town is not going out. and asking particular property owners to get in
this program.
JAY CARCANI : I would like to use a phrase of the gentleman on my left
here used a little while ago, not only to a matter such as this, but I think
.in all matters, and that phrase was, let us talk through the details, and it
seems like this seems to be an absence of that particular area, the
background information is so undeveloped. I notice the acreage and price
are always highlighted, and the phrase, it serves a need to the community,
but it is never definitive enough. It is really never predicated, and
think to some extent it should be. I realize you can not make a novel out
of this situation, but I think to elaborate briefly the reasons for these
acquisitions would help a lot of people to better understand the need for
the acquisition, and it certainly would help myself. Thank you.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board?
OCTOBER 14, 1997 367
MELANIE SANFORD: Melanie Sanford, Founders Estates. I just wanted to
make mention of an incident that the Town Board may be aware of.
wanted to make one more point concerning it. This was an incident that
happened Sunday night in my neighborhood, involving a sixteen wheel
McClain delivery truck that come from 7-II after delivering it's goods.
It came down Locust Lane, - made a three point turn on to L'Hommedieu,
and up on private property, swung around on to an embankment, and
proceeded up Locust Lane again, and parked in the no parking 7-11 zone.
We .called the .Police Department, and Sergeant Sinning was sent out, and
although he agreed that it was wrong for the truck to make a three point
turn on a narrow street like that, go up on private property, and parking
in a no parking zone, that the streets are free to everyone, which raises
our concern in Founders Estates that a general business, such as 7-11 is of
keeping, and any more general business downzoning be opening of our
roads is really too much, that our residential properties, our hamlet zoned
properties should really remain as such. It's just, traffic is
unbelievable. The use, the disruption, the garbage, everything that goes
along with a general business are the worse that a general business could
pose in your neighborhood, we are coping with, we are suffering with.
just wanted to read very briefly a letter that was sent to the Southold
Town Planning Board. in 1982 by a couple that lives on Hobart Road
outlining her concerns with regard to 7-11, and that general business
property, and she writes, to the Southold Planning Board. As residents of
the Founders Estates area we would recommend that the parcel at the
corner of Locust and Route 25 be considered for .a use of a small
professional or business office much more in keeping with the character of
our mostly residential area, rather that a 7-11 . The traffic problem is a
mean concern. Number one, Hobart Road is a one way street, south from
the Main Road, for one block, so residents, and summer traffic must use
other streets to get out to the Main Road. Two, the alternatives for egress
to the Main Road are Cottage Place, a narrow street, which is a dangerous
corner with the Main Road due to the . presence of Mullen Motors. Locust
is another narrow street, and the presence of a 7-11 store at the corner,
opposite Colonial Corners, will lead to congestion at this corner as well. ;
Town Harbor is the only other exit from Founders Estates. At present,
both Hobart and Town Harbor Road are speedways for visitors at the
Founders Landing Park, and if the 7-11 store is constructed on the Main
Road, we perceive greatly increased amounts of traffic in this area, as well
as increase in the debris thrown from cars. We oppose the use of this
property for a .7-11 store. This letter was written in 1982, and these
individuals are completely right. We are living with the conditions
described in this letter and more. We feel that in light of all the
residents in Founders Estates, everything we have had to bear with regard
to the traffic, that no. more general downzoning should take place in that
area, and also, it's quite apparent when you look, this is just one letter
from that file. If you .look at the petition on that file, and a number of
other accounts that are mentioned, residents strongly opposed this 7-11,
and we just feel that this time we do hope the Board will take into
consideration all of our concerns, and rule in favor of the residents on
this very important issue. Thank you.
SUPERVISOR COCHRAN: Is there anyone else who would like to address
the Town Board? If not I will call for Board reports.
FRANK CARLIN: Just a short one. Frank Carlin. I said it before, and I
will say it again, a town without businesses goes nowhere.
SUPERVISOR COCHRAN: That was short. I looked down and you were
gone.
FRANK CARLIN: One picture is worth a thousand words.
SUPERVISOR COCHRAN: Is there anyone else? Yes, ma'am?
RITA COSTELLO-COHEN: I am Rita Costello-Cohen. I have the bed
and breakfast, the Hedges, across from 7-11 . The 7-11 was there when we
bought the house fifteen years ago, so it was no surprise, that it was
there. But, it was operated as a small business. I won't go into all the
problems that we all know exist there now, but there is one problem that
has` just come up in the last year, that is devastating us on top of all the
other problems, and that is that because the lot is filled during the day
4 '
OCTOBER 14, 1997
with traffic, the owner, who I must give him credit has tried very hard to
cut down on the youths, and the other things that were occurring there,
but he also found out that if he makes his deliveries at two in the morning,
and four in the morning, and one in morning, and five in the morning, you
have these sixteen wheeler trucks, that pull up. You are in the middle of a
sleep, and all of a sudden you hear what sounds like a train crashing
head-on. You hear the drop of the gate, which comes down. You can hear
it two block away. You probably hear it, Bill. It is terrifying. You run
out, and hope that it is what you think it is, and of course, you see the
truck. Then after they have dropped this heavy loader, then they start
unloading all of the beer cases. This is in the middle of the night, when
your guests are sleeping, or just when we are trying to sleep, and it is
really terrifying. The third thing that happens is .:that very often the men
stand outside, and start to talk at the top of their lungs. Now, the
frightening thing about the Mullen Motors, I was in the store one day. I
was talking to Ahri, the owner of the store, and I asked him if he could
possibly have his deliveries early in the day in the normal business hours,
and he said no, it's all Union. I can't tell them when to get there.
said, but, other businesses have deliveries all day. ... They are not open at
night. So there was this .salesman from Mullen Motors, whom I did not
know, and he said, you have your deliveries at night. That's a good idea
for us, then we can eliminate all the problems that people are complaining
about. So, you see this thing can really snowball, because Mullen Motors
does have the problem during the day. He can't find the room to get his
big trucks when they have ten cars on the top, so something has to be
considered, whether businesses_ should be allowed to operate in the middle
of the .night, and we are really very concerned about this.
SUPERVISOR COCHRAN: Rita, I don't even remember what we were
working on today, and 7-11 happened to come up in our conservation, and
it was the feeling of some of us, that perhaps it is time to meet with
Southland Corporation again, because we did get some, maybe not
everything we wanted, but we did get some cooperation from them the last
time, and I just think it's time that we ask them to come in again, and
yourself, and some of the area people to, again, share with them the
problems that it causes in that area.
e
RITA COSTELLO-COHEN: Do you have a gentelman's name?
SUPERVISOR COCHRAN: No. We certainly have it in the records from the
last time. We can find it.
RITA COSTELLO-COHEN: Do you want to call him? It would mean a lot
more coming .from you.
SUPERVISOR COCHRAN: I am going to notify him on behalf of the Town
Board. Come on down. `Let's talk about this again.
RITA COSTELLO-COHEN: Is there anything in our Codes or Ordinances,
that prevents deliveries at businesses late at night?
SUPERVISOR COCHRAN: I doubt it. Laury, I don't know of anything.
No. I know what you are saying. 1 used to have a truck down on the
corner that would come like four o'clock in the morning, and in the summer
with the windows open, it was a refrigerated ' truck so they continued it
running while he sat there to six, and every day. So, from four to six
you just didn't sleep. We certainly sympathize and are completely aware of
what you are going through. So, let's give it another shot, and see. He
can tell if we can work out deliveries at a different time, and so on, and
so forth.
RITA COSTELLO-COHEN: It wasn't done all the other years.
SUPERVISOR COCHRAN: No, it wasn't, so that is why can't believe it is
.entirely a union thing. I will let you know when we set up the meeting.
Anyone else like to address the Town Board? (No response. ) If not, I
will call for Board reports, starting on my left with Councilman Townsend.
OCTOBER 14, 1997 36 9
COUNCILMAN TOWNSEND: The Town Board has been working on the
Budget. We have had several meetings since the last Town Board meeting.
I guess we are a little more than half way through at this point. Maybe we
can finish up in the next couple of days. There was a Code Committee
meeting, which I attended, which Bill Moore will tell you about, relative to
the Tower Law, and I am a little absent today. You will have to excuse
me. I am trying to fight this cold. I would like to make one comment about
the acquisition- of those development rights. I happened to drive down there
today, and it was real revelation to me. It is the first time that I became
aware of what a significant change has come to our agricultural landscape".
It was absolutely beautiful. It looked like I was driving in some place in
France. The grapes this year with the color, and the sun was shining
down on them, and there were a lot of different golds and greens, and so
forth. It was just amazing, and I think that you can't understate the value
to our community of the acquisition of these properties. In the long run it
won't hurt us taxwise, because we don't have to hire the additional
services, and I firmly support the next bond issue that is coming up In
this next election. So, we had representatives from the North Fork
Environmental Council concerned that the Stewardship Task Force
recommendations have not been attacked, and I am concerned, also. It is
very difficult. The ones that were left, the ones that had not had
progress are the ones that, you know, create problems. Transfer of
development rights are tough. We need to get support of the people, and
we need to have the Board, I think, show a little backbone in these
issues. That is all I have to say.
COUNCILWOMAN OLIVA: In relation to the Stewardship Task Force report
I think we are going to look at one other aspect of it, and there was a
recommendation in the Task Force report about putting time limits on
subdivisions, because so often we have subdivisions that are, maybe, ten,
fifteen years old, and things have changed in ten, fifteen years. I think
we have to sit down and thoroughly discuss, and it a fair decision about
how long a subdivision application should be valid before it is reviewed, ..�
and perhaps just gone back to square one again. So, that is at least one
other thing we are starting to look at. On the Recreation and Park
Committee we took a nice walk through Fort Corchaug again looking at the
whole area, that we can put access to Fort Corchaug. Just in our area
which is the Parks and Rec, will be trails, and perhaps to do some sort
of access to the creek. I did take a kayak up the creek myself this week,
and I think we are going to have a little trouble getting some of that
access, because it really gets to be a very narrow channels, and the
phragmites, so I thought I had better go back, and maybe look at the
aerials, and see how we do it, but it is a lovely place, and I think if we
can make trails, and have them planted with old native trees, and native
plants, and what have,. you, it could be a very educational thing for all of
us. Of course, I attended the budget meetings, and I would just like to
explain a little bit about our contract with the Natural Resources
Conservation Service, and the Trustees, and the Shellfish Advisory
Committee, with Co-op Extension have worked very hard to start cleaning
up Arshamomaque Pond., and they have really done a wonderful job with a
lot of volunteer work of people taking water samples, and then running
them down to the DEC labs, so each year they have been able to open the
creek further and further to the west, depending on rainfall, and what
have you, and this has really helped us a lot, and they have worked
through grass by cutting down the amount of runoff that was coming in,
not only from Route 48 but Yennecott, and this has worked very well.
So, the next project is in Mattituck Creek, and we are just going to have a
study with the Soil and Water Conservation Council to do a study for
Mattituck Creek, and for the whole watershed, just to see where the real
hot spots are in the creek from road runoff, and how much it would cost,
and how would we go about directing the situation, because that is another
wonderful creek for shellfish, and it is only open really just seasonally,
when no one is there. So, that is another thing to look at. I would also
like to say that the Anti Bias Task Force is going to be running a film at
Creenport High School on October 27th at 7:30 o'clock, and the title of
the film is Family Names. I think you will all find this to be a very
interesting film. I hope you will all attend. Thank you.
SUPERVISOR COCRHAN: Thank you, Ruth. William?
3'70 OCTOBER 14, 1997
COUNCILMAN MOORE: I hope this is the last report on the Cellular Tower
Ordinance, but it is an instance where when you put your shoulder down,
and keep shoving, a lot of hard work with the Code Committee, and a lot of
participation from the community has led to what people are now describing
as,,:'�a,,:model ordinance. Maybe people in upstate New York are going to pick
th'i:s ''thing up and use it, and other communities. It sure was a lot of
work, and I appreciate all the help that went into it. Hopefully, the public
hearing on the 12th of November if all goes according to plan, we will
have that in place, before the moratorium extension expires on the 17th.
That's a Wednesday meeting by the way, so mark your calendars, as
Veteran's Day is on the. 11th. We have been spending a lot of time in the
budget review process. We don't talk about it all that much, but it is one
of those things where we sit down from nine o'clock in the morning until
noontime, two o'clock, or four o'clock in the afternoon going through page
by page of Supervisor's budget, bringing in department heads, and other
people who can justify and explain why they need their money, and what
they are going to use it for. It is a time consuming process, and we have
been going through that ''since the last Town Board meeting, and as they
mentioned we will be doing it again tomorrow from nine until two, and
hopefully finish it shortly,. because we have a deadline on that. Seems we
work the best when we put deadlines on ourselves, and State law imposes
them, when we go into budget, so that will all get done in short order.
That's it for me.
SUPERVISOR COCHRAN: Thank you. Louisa?
JUSTICE EVANS: I just want to make sure I get my memo back from Mr.
Ryan.
SUPERVISOR COCHRAN: Councilwoman Hussie?
COUNCILWOMAN HUSSIE: I am going to not report on anything. I am just
going to urge everybody to come to' the meeting here on the 22nd, which
is a Wednesday, next Wednesday a week from tomorrow, on the _x
LIPA/LILCO situation. This is not going to be a situation where people
talk at you. It is going to be an opportunity for you to do some talking,
express your opinions, ask questions, and learn more. This is such a big,
big deal. You have to know more about it. You can not just sit by, and
say, gee, I don't understand it. Please, make every effort to come. I am
not going to mention any names, but I did have a few names as far as the
people who ` were opposed to the LILCO/LIPA deal, and then when I
went to the other side, because I wanted this to be quite, you know,
democratic and honest, the good and the bad. When they found out who
was going to be talking against the situation, the person who had agreed to
come for the LIPA/LILCO thing suddenly had another engagement. I
thought that was rather odd, but there will be a ' number of people here,
including myself. I have a few ideas, too. I am sort of going to chair it,
but I am also going to insinuate.
SUPERVISOR COCHRAN: I think they will know your position by the time
you get done, Alice. Let's see, where will I start? As has been mentioned,
we have been reviewing.' the budget, which is a lengthy process, and
hopefully we will be able to finish it up tomorrow. If not, we will just
assign another day. In relation to the $235,000, which the County is not
going to be giving us in revenues . from the' 1/4% sales tax, 1 serve as
Chairman of the East End Supervisors and Mayors, and I called an
emergency meeting, be not only are we in the same position,
Riverhead is $350,000, Southampton is $535,000, and it might be interesting
to you that the Town of Southold generates more money in the 1/4o sales
tax than does Riverhead. Riverhead just generated $12,000,000 alone from
the mall from the outlets itself, $6,000,000 goes to the State, and
$6,000,000 to the County, so Southampton is probably our wealthiest
township in the five east end towns. We met the other day, not only on
this 1/4% sales, tax, but we also met on the E911 . Two separate issues, but
both are emergency type and .effect our budgets, and our taxes, and
finances on the east end. In relation to the 1/4o sales tax, which is being
removed from our budget, we had requested that our two Legislatures, Mr.
OCTOBER 14, 1997 371..
Caracciolo, and Mr. Guldi from the south shore would attend our
meeting. They .did not appear, so my office is now setting up a meeting
with Mr. Gaffney, and Mr. Guldi, and Mr. Caracciolo, and the five east
end Towns Supervisors, because we feel very strongly about some action
must be taken, and those are the people that represent us, so they should
be a part of it, also. As soon as that meeting is set up I will be ..able to
report back to you as to what direction we are going. As far as the E911
is concerned there is a 354' surcharge on your phone bill. You all know
what E911 is, the 911 system for emergencies throughout the township. We
call it E911, because it has been enhanced to do other things from ,the time
it was first put into operation. On your phone bill there is a 354
surcharge. These funds go toward supporting the system. In the past we
have gotten funds, as did the County Police Department. Then the State
changed the law to allow it to be used for, things other than enhancing the
system. The County now uses a lot of these funds to pay salaries. They
are paying public safety dispatchers salaries in the County. They are not
paying them on the five east end towns. The inequities here are immense,
so we are also going after that issue. John Raynor,.. who happens to be on
our police department, is the representative person to 'many of the different
associations. He represent the five east. end towns. He and his deputy, who
is Officer Hinch from Southampton, are drawing a position paper, which
we will be sending to County Executive Gaffney in relation to the
unfairness of the way these funds are allocated. (tape change) What they
can support in the way of finances will make our job easier. I attended the
Eastern Long Island Executives, which is once a month in Riverhead at the
college. Their program for the night was LILCO and LIPA. Alice also
attended, and it was a very informative pro and con on the entire issue. 1
would like to encourage you to attend ;.the meeting, that Alice is setting
up. I think it is important that we all understand this as- best we can. It
is a very involved and difficult piece of, whatever you want to call it, to
understand. I will probably attend Alice's meeting. You will probably know
where I stand, also, by the time we get finished. I also had a Labor
Management meeting. We meet with the CSEA, who is one of our Unions,
and we try to deal with issues before they become problems. The only thing
that we try not to get into, and we do not get into, is negotiations. But,
anything else that makes life a little easier, rather than banging heads, we
try to solve in this forum. I had the opportunity to once again walk
Arshamomaque with Ed Wankel, who is Deputy Commissioner of New York
State Parks. He came out, and Stuart Lowry, and a gentleman, who has
taught biology, a doctor from Hofstra for thirty years, and the
gentleman. .maybe you know his name, Ruth, head of the Nature's
Conservancy for the island. Anyhow we walked the site down there, and
because what I am trying to do now is .develop another partnership as I did
for Fort Corchaug, and this would be in relation to Arshamomaque.
There is a meeting set up this week with the County Executive. Mr.
Wankel will also be attending, Stuart Lowry, myself, and I think there
will be one or two others from the County, probably his deputy in relation
to the environment, but we are looking to set up another partnership where
we can find the funds to also preserve this piece of property. I had a
gentleman from Orient call, and wanted to take me on a little tour of
Orient, and show me a few things he felt were wrong down there, so I
spent one morning going down, and it was pleasure to ride around Orient,
and do this little sightseeing, and he showed me a couple of buildings, that
are in, maybe,' "unsafe, so we passed those on' to the Building Department,
and Ed Forrester. In relation to US/UK the Planning Board has been
using that document over the past several years, and has instituted a great
deal of it, and continues to put into place some of the recommendations,
and they were recommendations, and the Planning Board has been following
them, and the Town Board at any time can sit down and review, because
there has been quite a bit that is done from US/UK. This new proposal is
to continue the process of updating the Master Plan. I would like to say
one more thing, and I think we can all agree on this. Southold is a fine,
wonderful place to live. I want you to know last night for dinner I had
3 (S OCTOBER 14, 1997
local bay scallops, which were out of this world. I had potatoes, Long
Island potatoes. I had local string beans from a friend that gave me a
lovely bag of string beans, and they were excellent, and fresh tomatoes
from the garden. Now, you talk about quality of life, you couldn't ask for
a heck lot of more than being able to go out, and .dig a mess of scallops,
and do some of these things. So, on that note, I would like to thank you
for joining us this evening, and I entertain 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
9:05 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